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08/15/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 15, 1989 A regular meeting of the Eagan City Council was held on Tuesday, August 15, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Council Members 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 Michael Dougherty. AGENDA City Administrator Tom Hedges recommended pulling the Seneca Plant Addition final plat from the Consent Agenda and the Administrative Agenda and having the matter heard as a separate item. He also informed the Council that Independent School District No. 196 requested a permit for footings and foundation for the Pinewood School. Mr. Hedges recommended adding the matter to the agenda. McCrea moved, Wachter seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES August 1, 1989. Mayor Ellison requested the following revisions: 1. Page 1, paragraph 7, replacing "Mayor Ellison" with "Public Works Director Tom Colbert". 2. Page 14, regarding the Seneca Waste Water Treatment motion, the motion should be at the end of all discussion. 3. Page 20, regarding the multi-family housing revenue bonds/Forest Ridge Apartment Project, the addition of the conditions to the motion as follows: 1. Restrain 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. Page 2/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 0 Councilmember Gustafson requested a change on page 12, paragraph 3, the first sentence should read "Mike Corbet, 2125 Wuthering Heights, had concerns regarding his own well going dom." He also requested a change on page 14, paragraph 3, the second sentence should read "The applicant responded the time frame was between 3 and 12 months." Egan moved, Wachter seconded, the motion to approve the minutes for the August 1, 1989 Regular Council Meeting as amended. All voted in favor. July 27, 1989. Egan moved, Wachter seconded, the motion to approve the minutes for the July 27, 1989 Special Council Meeting as presented. All voted in favor. PARKS AND RECREATION DEPARTMENT/CLEAN WATER PARTNERSHIP GRANT APPLICATION City Administrator Tom Hedges introduced the matter to the Council. Parks and Recreation Director Ken Vraa informed the Council the first phase was for diagnostic purposes only. Councilmember Wachter asked how long the study would take. Mr. Vraa responded it would take two years for the study. Wachter questioned if the study would be worthwhile or if education would be better. Mr. Vraa reported that the study would pinpoint the source of contaminants. Councilmember McCrea felt it was a worthwhile issue and asked how the City would match funds. Mr. Vraa responded that 25% of the funds would be a hard match and 25% would be a soft match. Councilmember Gustafson had concerns regarding the dollar amount and the cost of the project. He asked how the $40,000.00 to $50,000.00 figure was computed. Mr. Vraa pointed out it was an estimated guess. Councilmember Egan felt the cost seemed quite high. There was further discussion regarding the study. Councilmember Gustafson remarked that the item before the Council was for authorizing the application for the grant only. Councilmember McCrea encouraged corporate citizens to contribute. Egan moved, Gustafson seconded, the motion to approve a resolution that will allow the City to proceed with the Clean Water Partnership Grant application for the MPCA Clean Water Partnership Phase One Project Development Grant for Schwanz Lake. All voted in favor. R-89.42 Page 3/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 PARKS AND RECREATION DEPARTMENT/LEXINGTON/DIFFLEY ATHLETIC COMPLEX APPLICATION City Administrator Tom Hedges updated the Council on the matter. Parks and Recreation Director Ken Vraa pointed out the approval would be for a preliminary submittal only. Wachter moved, Egan seconded, the motion to approve the adoption of a resolution that provides both and intent and public awareness that the City of Eagan is requesting consideration by the State Department of Trade and Economic Development to become an applicant for an outdoor recreation grant application for the Lexington/Diffley athletic complex. All voted in favor. R-89.43 PARKS AND RECREATION DEPARTMENT/TREE ORDINANCE Councilmember Wachter asked for an update regarding the Tree Ordinance. Parks and Recreation Director Ken Vraa stated there were many aspects to consider, but that the matter was progressing. ISD NO. 196/PINEWOOD SCHOOL City Administrator Tom Hedges informed the Council that Independent School District No. 196 requested a footings and foundation permit for the Pinewood School. He explained that the District was looking at a fall of 1990 opening for the school. He pointed out that the final plat was scheduled for the September 5, 1989 City Council Meeting. Eric Linner (Wold & Associates) was available at the meeting for questions. He reported to the Council that the District was negotiating the easement acquisitions. Egan moved, Wachter seconded, the motion to approve a footings and foundation permit for Independent School District No. 196 for the Pinewood School. All voted in favor. DEPARTMENT HEAD BUSINESS Fire Chief Southorn informed the Council that the aerial fire truck had been damaged and that the cost for the damage would be assessed next week. Councilmember McCrea stated that the fire at the model home created a problem because there were no fire hydrants. She suggested no further approvals for model home permits without the availability of fire hydrants. Page 4/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 CONSENT AGENDA A. Personnel Items. 1. Streets/Equipment Maintenance Worker. It was recommended to approve the hiring of Jeffrey Tupy as a street/equipment worker for the City of Eagan, subject to successful completion of the City's physical examination requirement. 2. Receptionist/Eagan Municipal Center. The Council was informed that the name of the person hired as the receptionist is Kimberly Rau. 3. Temporary Receptionist/Eagan Municipal Center. The Council was informed that the City Administrator approved the hiring of Karen Hangebrauck as a temporary receptionist. 4. Seasonal Park Maintenance. The Council was informed that the City Administrator (as authorized by the Council) approved the hiring of the following persons as seasonal park maintenance workers for the remainder of the summer/fall season: Christopher Erickson, Robert Ko, Sean Quinn and Joseph Tracy. B. License On-Sale Beer for Pizza Hut, 2130 Cliff Road. It was recommended to continue to the September 5, 1989 City Council Meeting the non-intoxicating malt liquor license for Donald Naderman for the new Pizza Hut, 2130 Cliff Road, to allow the Police Department to complete its background investigation. C. Plumber's Licenses. It was recommended to approve the five plumber's licenses as presented. D. License for Temporary Non-Intoxicating Malt Liquor, St. John Neumann Church. It was recommended to approve a temporary non-intoxicating malt liquor license for St. John Neumann Church for a church social on September 16, 1989. E. Resignation of Wayne Sames, Advisory Parks and Recreation Commission. Page 5/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to accept the resignation of Wayne Sames as a member of the Advisory Parks and Recreation Commission effective immediately. F. Resignations of William Lesiecki from Airport Relations Committee. It was recommended to accept the resignation of William Lesiecki as a member of the Airport Relations Committee and direct the City Administrator to advertise in a local newspaper seeking candidates to fill the unexpired term on the Airport Relations Committee created by the resignation of William Lesiecki. G. Final Plat for Cray Second Addition. It was recommended to approve the final plat for Cray Second Addition as presented. R-89.44 H. Final Plat for Duckwood Crossing. It was recommended to approve the final plat for Duckwood Crossing as presented. R-89.45 I. Final Plat for Kingswood Fourth Addition. City Administrator Tom Hedges informed the Council that this item should be continued to the September 5, 1989 City Council Meeting. It was recommended to continue the final plat for Kingswood Fourth Addition to the September 5, 1989 City Council Meeting. J. Final Plat for Cliff Ridge. It was recommended to approve the final plat for Cliff Ridge as presented. R-89.46 K. Receive Bids/Award Contract for Fire Department Refurbishment/Pumper Truck No. 13. Councilmember Wachter questioned if the refurbishment was in the budget. City Administrator Tom Hedges pointed out that the matter had been dealt with at the previous Council Meeting. It was recommended to award the Contract for the refurbishment and upgrading of one 1980 LS 9000 Ford/General Safety Equipment Combination Pump Pumper Fire Truck to Custom Fire Apparatus, Inc. in the amount of $41,980.00. Page 6/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 L. Receive Assessment Roll/Order Public Hearing, Delinquent Weed Cutting Bills. It was recommended to receive the final assessment roll for delinquent weed cutting bills and schedule the public hearing for September 19, 1989. M. Receive Assessment Roll/Order Public Hearing, Delinquent Utility Bills. It was recommended to receive the final assessment roll for delinquent utility bills and schedule the public hearing for September 19, 1989. N. Vacate Utility Easement, Receive Petition/Order Public Hearing (Cray Addition). It was recommended to receive the Petition to vacate utility easements within the Cray Addition and schedule the public hearing to be held on September 5, 1989. 0. Vacate Utility Easement, Receive Petition/Order Public Hearing (Lot 1, Block 2, Sunset First Addition). It was recommended to receive the Petition to vacate a portion of a drainage and utility easement (Lot 1, Block 2, Sunset First Addition) and schedule a public hearing to be held on September 19, 1989. P. Contract 88-29, Approve Addendum (Well No. 13, Warranty Extension). Councilmember Wachter asked if the well would be depreciated in seven years. Bob Rosene (Bonestroo) responded that the well would not be depreciated in seven years. It was recommended to approve the Addendum to Contract 88-29 (Well No. 13 - Warranty Extension) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 89-16, Receive Bids/Award Contract (Sterns Addition, Coventry Pass and Country Hollow Second Addition). Public Works Director Tom Colbert informed the Council that an error in the bids had been discovered and that Ceca was now the lowest bidder in the amount of $575,388.35. It was recommended to receive the bids for Contract 89-16 (Stern Addition, Coventry Pass and Country Hollow Second Addition) and award the contract to Ceca Utilities in the amount of $575,388.35. Page 7/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 R. Contract 89-08, Approve Plan/Authorize Ad for Bids (Well Nos. 14 and 15, Pump House and Facilities). It was recommended to approve the plans for Contract 89-08 (Well Nos. 14 and 15 - Pump House and Facilities) and authorize the advertisement for bid opening to be held at 11:30 a.m. Wednesday, September 13, 1989. S. Project 581, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge Second Addition). It was recommended to receive the feasibility report for Project 581 (Hills of Stonebridge Second Addition - Trunk Utilities) and schedule a public hearing to be held on September 19, 1989. T. Contract 89-18, Approve Plan/Authorize Ad for Bids (Lexington Way - Street and Water Main). Don Warkentien had concerns regarding the wash out on the property. He requested the filling of the ditch and the sloping on the right-of-way. Public Works Director Tom Colbert remarked that he was unaware of the problem. Councilmember Wachter stated the problem had been going on for 25 years. Public Works Director Colbert stated he felt the corrective problem was beyond the scope of the street improvement and asked how the cost would be allocated. He pointed out that the drainage would be intercepted. Councilmember Wachter pointed out it was caused by the roads. Mr. Warkentien stated he felt the City was responsible. There was further discussion regarding corrective procedures. Councilmember Egan suggested continuing the item. Public Works Director Colbert pointed out that the construction season was short and that the public right-of-way was ready to be stabilized. He recommended the project continuing as planned and dealing with the remainder later. It was recommended to approve the plans for Contract 89-18 (Lexington Way - Street and Water Main) and authorize the advertisement for bid a opening to be held at 11:15 a.m. Wednesday, September 13, 1989. U. Contract 88-07, Final Payment/Acceptance, Ohmann Park and Slater's Acres Park. It was recommended to approve the final payment for Improvement Contract 88-07 (Ohmann Park and Slater's Acres Park) to Central Landscaping Incorporated in the amount of $32,169.70. V. Project 528, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 9th Addition - Streets and Utilities). Page 8/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 It was recommended to receive the final assessment roll for Project 528 (Eagandale Center Industrial Park 9th Addition - Streets and Utilities) and schedule a public hearing to be held on September 19, 1989. W. Contract 88-EE, Final Acceptance (Town Centre Seventy 10 Addition - Storm Sewer). It was recommended to approve Contract 88-EE (Town Centre 70 10th Addition - Storm Sewer) and accept the improvements for perpetual City maintenance subject to appropriate warranty provisions. X. Contact 88-TT, Final Acceptance (National Computer Service - Storm Sewer and Water Main). It was recommended to approve Contract 88-TT (National Computer Service - Storm Sewer and Water Main) for final acceptance and perpetual maintenance, subject to appropriate warranty provision. Y. Final Plat, Seneca Plant Addition. Mayor Ellison requested this item be pulled from the Consent Agenda. McCrea moved, Egan seconded, the motion to approve the Consent Agenda items as amended, and authorize their implementation. All voted in favor. SENECA PLANT ADDITION/FINAL PLAT City Administrator Tom Hedges updated the Council regarding the matter. Councilmember McCrea had reservations regarding the approval of the agreement since they were not executed. Councilmember Egan had similar concerns and stated that the agreement could be altered. Community Development Director Dale Runkle suggested the Council approve the final plat contingent upon the agreements being executed and unaltered. Councilmember Egan had concerns regarding published notice. Mr. Runkle reported that he had called the neighbors personally to notify them of the agenda item. Councilmember McCrea asked if agreements had been modified in the past. Mr. Runkle responded yes. McCrea stated the agreements should be reviewed before approval. City Administrator Tom Hedges explained to the Council that there was a deadline of August 30, 1989 for the MWCC. Bob Isaacson (MWCC) stated that the August 30, 1989 date was in the Consent Decree. He stated there was a need to have the Page 9/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 building permits available. He reported that the item was passed on the Consent Agenda and executed as submitted. Mayor Ellison indicated that the agency was in a monetary bind. City Attorney Mike Dougherty emphasized that the matter could be conditionally approved. Councilmember Egan commented that there was a credibility gap between the MWCC and the City. He did not want to cut corners and felt the matter should not be approved without adequate safeguards. Betty Basset observed that the matter should not have been a Consent Agenda item. She pointed out that all of the neighbors could not be present at the meeting. She reported that the plant was pumping 4,000,000 gallons of water a day and requested an environmental impact study. She had pollution concerns and explained that the Federal suit was still pending. She emphasized that the plat should not be approved. Public Works Director Tom Colbert explained that the dewatering was dealt with in the final plat Development Agreement. Community Development Director Dale Runkle reported that the MPCA dealt with the EIS. Al Ehrans remarked that the metering station and lift station were under budgeted and that the plant plans were being changed. He opposed final plat approval and had concerns regarding the dewatering. John Wesley, 1747 Blue Bill, stated that the City should not turn its back on the environment concerns and felt it would be improper approval because the documents were not executed. Councilmember Wachter questioned the alternatives in the matter. City Administrator Tom Hedges replied that the Council could either: 1. Approve the plat subject to document review, 2. Continue the matter to the August 30, 1989 Special Council Meeting, or 3. Consider a footings and foundation permit. He recapped his discussions with Mr. Voss regarding third party agreements. Councilmember Wachter preferred option 2. Mr. Isaacson stated he felt it would meet the needs. Councilmember Egan still had concerns regarding the dewatering and other issues. Page 10/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, Egan seconded, the motion to continue the final plat for the Seneca Plant Addition to the August 30, 1989 Special Council Meeting. All voted in favor. City Administrator Tom Hedges recommended the third party concept regarding Seneca negotiations. He stated that consultants could be hired and that MWCC would participate in the cost. He asked for direction to staff to pursue a third party consultant. He mentioned that Becky Comstock could be a possibility. Councilmember Egan reported that the dollars were allocated in the agreement. Gustafson moved, Wachter seconded, the motion to direct staff to proceed with the selection of a third party consultant regarding the Seneca Plant, with MWCC participating in the cost. All voted in favor. PROJECT 571/CRAY ADDITION/STORM SEWER Mark Hanson, (Bonestroo) presented the project report. He explained that the outlet for the pond was debated at staff level. He recommended the building of the outlot. Ron Zamansky (Cray) introduced the Cray Research team. He explained that Cray Research was not requesting the project and disagreed with the staff report. He reminded staff that the studies had not been received and that the project was not necessary. Bob Wiegert (BRW/with Cray) emphasized that the storm sewer outlet was not necessary at the present time. He outlined the drainage boundary and stated it would not be needed until the roadway improvements. He described the site features. Councilmember Egan commented that ultimately the whole area would be developed and Cray Research would benefit. Mr. Braman declared that the outlet was needed, but not at the present time. Public Works Director Tom Colbert explained that the City was trying to anticipate growth and felt it was prudent to anticipate problems. Mr. Zamansky stated that the Kohl parcel had not been platted. He urged delay until the platting of the Kohl Parcel. Mayor Ellison felt the storm sewer should be installed at the present time. Councilmember Egan agreed. Councilmember Wachter felt that it was feasible to install the improvement next year. Egan pointed out that Cray was aggressive in development. Mr. Zamamsky reiterated that Cray had not seen the Lone Oak reports. Page 11/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Gustafson asked for the completion date of the project. Mark Hanson reported that the completion date was expected in either late fall or early spring. There was further discussion regarding the timing of the project. Mr. Zamansky pointed out that the Cray Parcel would not be the sole beneficiary of the project. Egan moved, Wachter seconded, the motion to close the public hearing and continue Project 571 (Cray Addition - Storm Sewer) to the September 5, 1989 City Council Meeting. Wachter, Egan and McCrea voted in favor; Gustafson and Ellison voted against. PROJECT 575/SLATER'S ACRES/STREET LIGHTS Public Works Director Tom Colbert presented the project proposal. Wachter moved, Egan seconded, the motion to close the public hearing and approve Project 575 (Slater's Acres - Street Lights) and authorize the installation by Dakota Electric Association. All voted in favor. PROJECT 557/FINAL ASSESSMENT ROLL/MALLARD PARK THIRD ADDITION/STREET LIGHTS City Administrator Tom Hedges briefed the Council regarding the matter. Public Works Director Tom Colbert outlined the amount. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 557 (Mallard Park Third Addition - Street Lights) and authorize the certification to Dakota County for collection. All voted in favor. PROJECT 416/FINAL ASSESSMENT HEARING/O'NEIL DRIVE/STREETS Public Works Director Tom Colbert summarized the rates for the Council. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 416 (O'Neil Drive - Streets) and authorize certification to the County for collection. All voted in favor. PROJECT 349/FINAL ASSESSMENT HEARING/BLUE GENTIAN ROAD/STREETS AND STORM SEWER Public Works Director Tom Colbert explained the costs and rates. Page 12/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Wachter moved, McCrea seconded, the motion to close the public hearing and approve the final assessment roll for Project 349 (Blue Gentian Road - Streets and Storm Sewer) and authorize its certification to the County for collection. All voted in favor. PROJECT 427/FINAL ASSESSMENT HEARING/YANKEE DOODLE ROAD/STREET AND UTILITIES Egan moved, Gustafson seconded, the motion to continue the public hearing for Project 427 (Yankee Doodle Road - Streets and Utilities) to the September 5, 1989 City Council Meeting at 7:00 p.m. All voted in favor. PROJECT 564/RAHNCLIFF SECOND ADDITION/STREET IMPROVEMENTS Jim Eulberg (SEH) presented the improvement report and explained the proposed assessments. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 564 (Rahncliff Second Addition - Street Improvements). All voted in favor. CEDARVALE BOULEVARD/PUBLIC RIGHT OF WAY VACATION Gustafson moved, Wachter seconded, the motion to continue the public hearing for vacation of a portion of public right-of-way, of Cedarvale Boulevard to the September 5, 1989 City Council Meeting. All voted in favor. PARK CENTER ADDITION City Administrator Tom Hedges briefed the Council regarding the matter. He stated that the housing site had been acquired and other agreements had been satisfied. Community Development Director Dale Runkle updated the Council on the proposal and the various documents. City Attorney Mike Dougerty pointed out that the resolution regarding the Comprehensive Guide Plan Amendment had been prepared. Mayor Ellison asked for the location of the outlot. Mr. Runkle stated it was a City site. Mayor Ellison asked if staff had been in contact with the County regarding the road upgrade. Public Works Direct Tom Colbert pointed out that it was not in the five year plan. Martin Colon (Federal Land) was available at the meeting for questions. Councilmember Wachter asked if the matter regarding the storm water storage had been solved. Mr. Runkle responded yes. Mr. Dougherty pointed out that the litigation had been dismissed. Page 13/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Egan moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan Amendment resolution, changing the land use designation from D-III to CPD as requested by the Federal Land Company for the Park Center Addition. All voted in favor. Egan moved, McCrea seconded, the motion to approve a rezoning from agricultural to planned development as requested by Federal Land Company for the Park Center Addition. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a preliminary plat consisting of four lots and two outlots for the Park Center Addition as requested by Federal Land 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, F1 and Gi. 2. A Planned Development Agreement shall be entered into for a time specified by the City Council. 3. A determination for the elderly housing site shall be made either on this site or on another location. 4. A Pylon Sign Agreement shall be entered into. 5. Each lot shall be reviewed in detail by the APC and City Council before building permits are issued. 6. No rooftop mechanical equipment shall be visible from the public streets. 7. The parking along the east end of the strip center shall be removed. 8. Special emphasis will be placed on screening rear side of the strip center from Rahn Park. 9. Cross easements shall be provided for the parking lot. 10. All trash shall be contained within the buildings or in enclosures attached to the building and constructed of the same materials. 11. Berming shall be provided along the public streets. 12. The development is responsible for the replacement of the existing Class 5 RCP with 4,000 D Load Class RCP or modifying the grading plan to provide a maximum of 22' of cover from the invert of the existing RCP to the finish grade for the outlet to the Pond AP-50. Page 14/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 13. The development is required to provide 4.0 acre feet of wet pond storage volume below the proposed normal water level for Pond AP-50. All voted in favor Egan moved, Gustafson seconded, the motion to approve a conditional use permit for pylon signs located along the north side of Cliff Road/Park Center Addition, as requested by Federal Land Company. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the Settlement Agreement as presented regarding the Park Center Addition (Federal Land Company). All voted in favor. ORDINANCE AMENDMENT/DANGEROUS WEAPONS City Administrator Tom Hedges introduced the matter to the Council. Police Chief Geagan referenced the hunting complaints near residential areas. He pointed out that there are rare locations within the community to hunt. Councilmember McCrea urged the implementation of the ordinance. Police Chief Geagan informed the Council that the DNR questioned the benefit of hunting for the City of Eagan. Councilmember Egan remarked that the shot falling on the cars brought the problem to a head. He suggested there could be special hunts. Councilmember Gustafson suggested having open hunting north of the Highway 13 tracks. Police Chief Geagan stated he had received complaints in the past. John Yanta informed the Council he had been a resident of the City of Eagan for 26 years. He pointed out he respected safety issues and recommended the proposed amendment exclude the area north of the tracks. He reported that two hundred yards is the maximum reach of gun shells. He state there was no foreseeable development in that area. He explained that he leases 60 acres from the Kenneallys. Councilmember Egan disclosed he favored a friendly amendment to exclude the Yanta area on a probationary basis. McCrea pointed out that there may be other 60 acre parcels. Councilmember Wachter pointed out that everyone is impacted and that land owners should post their land. Police Chief Geagan reiterated that the area was a problem and that it was difficult to enforce exceptions. Mayor Ellison felt it should be an all or nothing proposition. Councilmember Gustafson pointed out that Mr. Yanta could apply under Subdivision E of the Ordinance. He favored the ordinance amendment. Mr. Yanta reiterated that only two parcels were available in Eagan for hunting. McCrea stated that Subdivision E provided flexibility. Page 15/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 McCrea moved, Wachter seconded, the motion to approve an amendment to the Dangerous Weapons Ordinance, Section 10.10 regarding hunting within the City limit. McCrea, Ellison and Wachter voted in favor; Gustafson and Egan voted against. The motion carried. THE WATERS/SKEET SHOOT REQUEST City Administrator Tom Hedges summarized the application. Rick Burger (The Waters) recapped the application proposal and explained the skeet shoot would be for their grand opening. Councilmember Wachter pointed out there was a school nearby. The applicant stated they would notify the school officials regarding the skeet shoot. Gustafson moved, Egan seconded, the motion to approve a special skeet shoot as a promotional event for the The Waters on September 12, 1989. All voted in favor. AIRPORT RELATIONS COMMITTEE/RUNWAY USE SYSTEM Assistant to the City Administrator Hohenstein gave a brief synopsis of the recommendation. Councilmember Egan asked what caused the greater plane traffic. Mr. Hohenstein reported that the FAA presented new configurations. Joe Harrison was opposed to the proposal and stated that the traffic would increase by 90%. He stated the traffic would not be within the corridor and he urged City action. Mr. Hohenstein explained that the use would increase traffic, but not by 90%. There was further discussion regarding the RUS. Councilmember Wachter expressed his feelings that the surrounding communities of the airport should share the burden. Mayor Ellison endorsed the recommendation of the Airport Committee. Egan moved, Wachter seconded, the motion to oppose the Metropolitan Airport Commission's findings and recommendations on the 180 day runway use system (RUS) test study and to endorse the general concept to avoid adding traffic to the corridor area, as referenced in Exhibit A attached hereto. All voted in favor. LIQUOR SHOPPE, INC./OFF SALE LIQUOR LICENSE City Administrator Tom Hedges presented the matter to the Council. He explained he received a letter stating that the financial guarantees had not been met. Page 16/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Douglas Lee (Applicant) was available at the meeting for questions. He pointed out that the store was a "ma and pa" operation. Councilmember McCrea asked if it would require an ordinance amendment. Councilmember Egan responded no. McCrea asked if the Lease was secure. The applicant responded yes. McCrea had concerns regarding the research and the downpayment. She felt the financial guarantees should be in place. Police Chief Geagan reported that all documentation had been received. Councilmember Wachter questioned if there was a need for another liquor store in Eagan. Mayor Ellison remarked that Mr. and Mrs. Lee had a right to make a go of it. He felt the City was giving monopolies by limiting the number of licenses. Councilmember McCrea pointed out that existing businesses should be kept healthy. Police Chief Geagan explained that the SBA would not act until the license was approved. McCrea stated that the liquor business was very tough. Don Warentien opposed a liquor store on Pilot Knob and Diffley. He felt the stores should be spread out. The applicant showed the location of the existing store. Ellison moved, Egan seconded, the motion to approve an )ff-Sale Intoxicating Liquor License for Douglas and Mary Lee for the Liquor Shoppe, Inc. to be located at 4250 Lexington Avenue in the existing strip shopping center at the intersection of Diffley and Lexington Roads. Ellison, Egan and Gustafson voted in favor; Wachter voted against; McCrea abstained. The motion carried. WOODLAND ELEMENTARY SCHOOL/SPECIAL USE PERMIT Community Development Director Dale Runkle presented the application summary. The applicant informed the Council it would meet the conditions. McCrea moved, Wachter seconded, the motion to approve a Special Use Permit for Woodland Elementary School to allow for the construction of two portable classrooms to be located northwest of the existing school building, subject to the following conditions: 1. The portable classrooms shall be handicapped accessible, if necessary. 2. All City building permit requirements and building code standards shall be met. 3. The permit is valid through the 1989/90 school year only. Further use will require reapplication. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 OLD TOWN HALL/RELOCATION/FRONT YARD SET BACK VARIANCE City Administrator Tom Hedges briefed the Council regarding the matter. Councilmember Wachter stated that the hardship was the impact on the trees. Jim Horne informed the Council that the west side of the building was on uncompacted fill. Gustafson moved, McCrea seconded, the motion to approve the five foot variance to the fifty foot front yard set back requirement for the relocation of the Old Town Hall. Gustafson, Ellison, Egan and McCrea voted in favor. Wachter abstained. KINGSWOOD FOURTH ADDITION/REDUCTION OF SET BACK VARIANCE Community Development Director Dale Runkle presented the application to the Council. Rollie Crawford (Representative for Horne) informed the Council the matter had been discussed at the time of preliminary plat approval. He pointed out the hardship was severe and obvious. Mayor Ellison asked if the matter could be handled in any other way. Mr. Runkle stated there could perhaps be a shift in the cul-de-sac to the east. Councilmember Wachter suggested the redesign of the lot. Mr. Horne explained the house location and stated that a redesign of the lot was not agreeable. He stated he would have to be creative to put the home on the lot. Mr. Wachter stated the design of the house could be changed. Councilmember Egan suggested waiting on the matter until the housing pads were developed. He questioned the dimensions of the lots. Mr. Horne explained the dimensions of the lots. Mr. Egan stated he felt it was an injustice to approve the final plat with a required variance. Councilmember Gustafson remarked that the freeway set back alleviated the concern over the variance impact. He pointed out that the cul-de-sac was already installed and felt there was a misunderstanding regarding the setback. Mayor Ellison commented that he would like to vote against the matter, but that there were not many choices left. Councilmember Egan noted that if the vote failed, the matter could be continued for staff review. Councilmember McCrea commented that the land had a severe slope and that whoever might build would need flexibility. Mr. Crawford pointed out that the drawings did not represent the actual buildings. He had concerns regarding the park dedication fee. He stated he felt fairness and equity was a consideration since the lots had been previously platted. City Administrator Tom Hedges informed Mr. Crawford that staff would check into the matter. Page 18/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Gustafson moved, McCrea seconded, the motion to approve a variance to reduce the required set back for Lots 3 and 4, Block 1, Kingswood Fourth Addition, subject to all other code requirements. Ellison, McCrea and Gustafson voted in favor; Egan and Wachter voted against. LUTHER M. STALLAND/TAX STATUS CHANGE City Administrator Tom Hedges presented the matter to the Council. Luther Stalland reiterated his concerns he had expressed in his August 3, 1989 letter to the Council, which was included in the Council packet. He recapped the recent Court decisions and requested relief from the interest and penalties. Mayor Ellison addressed the timeliness of the matter. Mr. Hedges pointed out that the appeal time had expired, but that there were special circumstances. City Attorney Mike Dougherty reported that the projects were installed prior to 1985 and that the appeal time was for the City's benefit to allow financial planning. Mr. Hedges emphasized that an abatement or reduction would be difficult at the present time. Councilmember Egan questioned the long delay. Mr. Stalland stated he had no knowledge of the Highway 13 matter until this year. Mr. Hedges suggested deferment. Mr. Stalland informed the Council that he would pay the assessment at the time the property was sold. He further stated that when the lawsuit was resolved, he would also pay those assessments. Mr. Stalland informed the Council that the County Board had already acted favorably upon the request. Mr. Dougherty stated that the County had considered the landlocked property only. Councilmember Egan commented that the City was not responsible for either problem. Mayor Ellison could see no grounds for an abatement. Councilmember Gustafson felt deferral made sense. Councilmember McCrea had concerns that deferral would set a precedent. Mr. Dougherty pointed out that the matter was handled in statute. Councilmember Egan emphasized that the assessments needed to be paid. Egan moved, McCrea seconded, the motion to deny a request by Luther Stalland for consideration of abatement on assessments on Parcels 10-01800-021-57 and 10-01700-010-52. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. EAGAN EVANGELICAL COVENANT CHURCH City Administrator Tom Hedges updated the Council on the matter. Jim Haaglund (Representative for the Church) introduced the applicant's team. He suggested the Council endorse the five Page 19/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 proposed conditions on Page 146(g) of the Council packet. He pointed out that the cul-de-sac had no value. Public Works Director Tom Colbert informed the Council that the five proposed conditions were reasonable and that the Council could issue a statement of support. He recommended the addition of three more proposed conditions as shown on page 145(b) of the Council packet. Councilmember Gustafson stated he did not recall the resident's asking for access to Lexington. Mr. Colbert explained the condition was based upon the length of the cul-de-sac. Councilmember McCrea asked if the church had reviewed the conditions. The applicant stated that the church was not in favor of the access condition, but that they would agree to it. Councilmember Wachter commented that access was not a big factor. McCrea moved, Egan seconded, the motion to approve a Comprehensive Guide Plan Amendment for a rezoning from multi-family residential within the Lexington South Planned Development to public facilities as requested by the Eagan Evangelical Covenant Church. All voted in favor. McCrea moved, Wachter seconded, the motion to rezone within the Lexington South Plan Development from multi-family residential to public facilities as requested by the Eagan Evangelical Covenant Church. All voted in favor. Councilmember McCrea stated that the Council endorsed the five suggestions from the applicant. Public Works Director Tom Colbert requested a revision to condition number 5. McCrea moved, Egan seconded, the motion to approve a preliminary plat for one lot and one outlot on 4.84 acres located on the west side of Lexington Avenue, east of Lexington Way in the southwest quarter of Section 23, as requested by the Eagan Evangelical Covenant Church, 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, Cl, C2, C4, C5, Dl, El and G1. 2. One ground sign is allowed at this site. All sign code size and height requirements shall be met and all signage shall be subject to the one time sign fee of $2.50 per square foot. 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. Page 20/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 4. No roof top mechanical equipment shall be visible from the streets. 5. Triangular piece (Outlot A) must be platted as Lot 2, Block 1 and have the same tax identification number in order to prevent tax forfeiture. 6. All site drainage is required to be directed to the Lexington Way storm sewer system. 7.The development is required to dedicate an additional ten feet of utility easement parallel to the existing sanitary sewer easement along its southerly property line. 8. All temporary parking lot improvements must be brought into conformance with current City code no later than seven years from the date of final plat approval. 9. Restricted access should be dedicated adjacent to the entire frontage of County Road 43 as required by the Dakota County Plat Commission. All voted in favor. R-89.47 TRANBY FIRST ADDITION City Administrator Tom Hedges introduced the matter to the Council and stated that the Advisory Planning Commission recommended approval. The applicant was present at the meeting. Councilmember Gustafson had concerns regarding condition number 9. Public Works Director Tom Colbert informed the Council that there was adequate hydrant coverage for the site during construction. Mayor Ellison asked if the precast with brick met standards. Community Development Director Dale Runkle responded yes. The architect explained the applicant was reviewing building alternatives. Egan move, Gustafson seconded, the motion to approve a preliminary plat of 3.85 light industrial acres for office/warehouse use as submitted by Joseph Tranby for Tranby First Addition located on the south side of Highway 49, north of the Chicago, Milwaukee, St.. Paul and Pacific Railroad Line and the west half of Section 12, 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, Cl, C2, C4, C5, D1, El, Fl and G1. 2. No outside storage shall be permitted. Page 21/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 3. All roof top equipment shall be screened and not visible. 4. Permits shall be taken out for demolition/abandonment for movement of existing structures. 5. Front yard irrigation shall be provided. 6. All signage shall conform to the Eagan Sign Ordinance and be subject to the one time sign fee of $2.50 per square foot. 7. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for City staff review and approval prior to final plat. 8. Further review and approval of storm sewer requirements are required by City staff and MnDot. 9. Additional hydrant coverage to service the proposed development is required. All voted in favor. EAGAN CENTER FOURTH ADDITION Community Development Director Dale Runkle presented the application summary to the Council. Brad Swenson (developer) opposed the future assessments as mentioned on page 172 of the Council packet. Councilmember McCrea stated she was pleased with the quality of the Merrill Lynch building in Galaxy Cliff. She asked when the property would be developed. Mr. Swenson stated it was planned to take the proposal to the Advisory Planning Commission in the month of August. McCrea questioned if the $36,000.00 could be collected. Public Works Director Tom Colbert stated it was collectable based on today's rates. He further stated that staff was reviewing the assessment policy and he recognized the developer's concerns. He explained that the trailway could be incorporated into the site plan. He emphasized that the concerns would be addressed. Mayor Ellison asked if the trail could be installed prior to the Diffley Road upgrade. He questioned if it should be a condition of approval. Mr. Swenson had no concerns regarding the installation of the trail prior to the Diffley Road upgrade as long as it was not destroyed in the process. Egan moved, Wachter seconded, the motion to approve a preliminary plat of approximately 48.4 acres with one 3.4 acre lot for office building use with the remaining area for future development in the Lexington South Planned Development located at the southeast intersection of Lexington Avenue and Diffley Road Page 22/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 in the northwest quarter of Section 26, known as Eagan Center Fourth Addition, as requested by Tri-Land Partnership, 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, Cl, C2, C3, C4, C5, D1, El, F1 and Gi. 2. Three foot berming shall be provided along the Diffley Road property line by the parking lot area. 3. All landscaped areas shall be irrigated. 4. The elementary school access and retail center access shall line up. 5. Cross-parking and ingress/egress easements shall be provided. 6. The pylon sign shall be permitted on Lot 1, Block 1 and subject to the City's one-time fee of $2.50 per square foot. 7. All trash shall be contained within the building. 8. The building shall be constructed of brick on all four sides. 9. The development is required to direct all site generated storm water runoff to the existing storm sewer system along the south side of the site and within Lexington Avenue. 10. The development will be required to provide utility service extended northerly from Patrick Road to the easterly terminus of the proposed private drive. 11. The development is required to provide a 20 foot parking setback along the southeasterly boundary. 12. The development is required to modify the existing restricted access along the easterly side of Lexington Avenue which provides access to both Eagan Center 1st Addition and the proposed development in accordance with City staff and County requirements. 13. Modifications to the proposed site plan's traffic circulation are required in the following areas: a. The easterly entrance to the proposed bank drive-up windows. Page 23/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 b. Provide an access to the proposed bank drive-up from the south access road. c. Revise the proposed access from the development to the easterly adjacent private drive to provide continuity with the proposed easterly shopping center entrance. d. Provide an entrance to the proposed parking area at the southeasterly corner. 14. Prior to any further development within the Planned Development property, the internal road connecting Daniel Drive to Patrick Road shall be completed and there shall be a reduction to only three outlots. 15. The trailway shall be incorporated into the site plan and installed prior to the Diffley Road upgrade. All voted in favor. OLD TOWN HALL/MOVING BID ACCEPTANCE Egan moved, Gustafson seconded, the motion to approve the low bid of Ernst House Movers in the amount of $2,950.00 for the relocation of the Old Town Hall. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. Egan moved, McCrea seconded, the motion to approve the low bid of Wally Nelson Construction Company of Eagan in the amount of $7,600.00 for the foundation work. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. ECONOMIC DEVELOPMENT COMMISSION APPOINTMENT After the Council's vote, City Administrator Tom Hedges stated that Christy Clapp had receive the majority of the votes. Wachter moved, Egan seconded, the motion to select Christy Clapp to replace Candace Garry, who resigned, as a member of the Economic Development Commission. All voted in favor. EAGAN CENTER THIRD ADDITION Egan moved, McCrea seconded, the motion to approve the extension of final plat recording for Eagan Center Third Addition as requested by Tri-Land Properties to September 15, 1989. All voted in favor. Page 24/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 BLACKHAWK POND ADDITION/ACCESS EASEMENT VACATION Egan moved, McCrea seconded, the motion to schedule a public hearing to be held on September 5, 1989 to vacate access easement for Lots 12 and 13, Block 1, Blackhawk Pond Addition. All voted in favor. PROJECT 523/ADJUSTMENT FINAL ASSESSMENT ROLL/BLACKHAWK POND ADDITION McCrea moved, Gustafson seconded, the motion to revise the final assessment roll for Project 523 (Blackhawk Ponds) and provide a credit rebate of $9,296.96 to Meritor Development. All voted in favor. PROJECT 521/YORKTON SECOND ADDITION/TRUNK STORM SEWER Egan moved, Gustafson seconded, the motion to receive the final assessment roll for Project 521 (Yorkton Second Addition - Trunk Storm Sewer) and schedule a public hearing to be held on September 19, 1989. All voted in favor. PONDVIEW ADDITION/DRAINAGE AND UTILITY EASEMENT VACATION McCrea moved, Gustafson seconded, the motion to receive a petition to vacate a drainage and utility easement (Lot 1, Block 2, Pondview Addition) and schedule a public hearing to be held at 7:00 p.m. on September 5, 1989. All voted in favor. PROJECT 543R/SIBLEY HILLS DRIVE AND SKYLINE ROAD Egan moved, Gustafson seconded, the motion to approve the plans and specifications for Contract 89-05 (Skyline Road and Sibley Hills Drive - Streets and Utilities) and schedule a bid opening to be held at 10:30 a.m., Friday, September 15, 1989. All voted in favor. SPECIAL COUNCIL MEETINGS McCrea moved, Egan seconded, the motion to schedule Special Council Meetings for August 30, 1989, September 12, 1989 and September 28, 1989. All voted in favor. COUNCIL DISCUSSION City Administrator Tom Hedges presented the United Way Coordinator update. Councilmember Wachter had concerns regarding the right turn from Yankee Doodle to 35E North. Public Works Director Tom Colbert stated the County's reaction was not favorable. Page 25/EAGAN CITY COUNCIL MEETING MINUTES August 15, 1989 Councilmember Wachter had concerns regarding the revenue report and felt the legal and parks departments were in rough shape. City Administrator Tom Hedges pointed out that it would exceed budget. Councilmember Wachter updated the Council regarding the old Town Hall. Mayor Ellison had concerns regarding the Burger King sign on Cliff. Community Development Director Dale Runkle informed the Mayor that staff would check into the matter. Councilmember McCrea reiterated her concerns regarding model homes without access to fire hydrants. City Administrator Tom Hedges stated that the ordinance had been modified to forbid model homes before final plat approval. McCrea stated that water should be available before model homes were constructed. City Administrator Tom Hedges stated he would so inform the Building Department. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated August 14, 1989, in the amount of $81,687.19, and the checklist dated August 15, 1989, in the amount of $1,479,785.87. All voted in favor. ADJOURNMENT McCrea moved, Gustafson seconded, the motion to adjourn the August 15, 1989 City Council Meeting. All voted in favor. CITY OF EAGAN By: E. VanOverbeke It City Clerk EXHIBIT A MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: AUGUST 10, 1989 SUBJECT: EAGAN AIRPORT RELATIONS COMMITTEE RECOMMENDATION CONCERNING 180 DAY RUNWAY USE SYSTEM (RUS) TEST At its meeting on Tuesday, August 8, 1989, the Eagan Airport Relations Committee considered the issue of the 180 day runway use system (RUS) test conducted by the Metropolitan Airports Commission and Federal Aviation Administration between July, 1988 and January, 1989. By way of background, the purpose of the test was to determine whether or not traffic on the other three sides of the airport could be redistributed such that Minneapolis received less traffic and the cross wind runway between Bloomington, Richfield and Highland Park received more. Upon review of the data analysis .provided by the Metropolitan Airports Commission and discussion by the Committee, the following findings were proposed and recommended for Council consideration. 1. The area southeast of the airport was in virtual constant use during the test. While it was understood that Eagan's first priority under the RUS would be as it is for the PRS, it was not anticipated that there would be any increase in traffic to and from the southeast. While the increase appears to have occurred primarily during off-peak hours, it is uncertain whether these operations occurred at or near the middle of the Corridor or at each of its edges. In sum, the RUS did not appear to be an issue for Eagan because on its face it did not change the area's first priority. In practice, traffic increased. Therefore, while the City supported the RUS in its original concept, it cannot support it as it was conducted. 2. Most of the differences observed were barely greater than the margin of error in calibration for the instruments utilized and seasonal differences are greater than the observed changes. Even its staunchest supporters fall short of describing the runway use systems results as conclusive. The only clear change was a reduction of hours per day over South Minneapolis by 15% during the test period. Again, it should be borne in mind that these are off-peak hours, but it is something that the South Minneapolis representatives point to very seriously. 3. No noise monitors were located southeast of the airport during the test period. The criteria for noise monitor placement was off the end of the runways at an equal distance to the closest residential area in St. Paul. Thus, monitors were placed in residential areas of South Minneapolis, Richfield and Bloomington. The same distance to the southeast would place monitoring equipment in the river valley, and because it would TOM HEDGES AUGUST 10, 1989 PAGE TWO not reflect an impact on a residential area, no such monitors were placed. The problem with the noise conclusions, however, is that there are down range impacts of traffic to and from the southeast even if residential areas are not as close as those on the other sides of the airport. As a result, certain conclusions are being made about shifting noise between South Minneapolis and St. Paul Highland Park without benefit of monitoring data for one of the sides of the airport. 4. The airport operated a one month post-test after the procedures ended to illustrate the differences between the RUS and the PRS. In that month, there was an abnormal skewing of traffic over South Minneapolis, probably the result of strong northwest winds during the winter months. This post-test period ought not be treated as a control for the remainder of the test because of its anomalous results. While it is probably politically infeasible to suggest a longer test period and some scientifically designed controls, it is apparent that the data available is inadequate and the report's introductory statistical comments say as much. Seasonal differences in runway closures have a significant impact on the results. 5. The report makes copious use of the term "Corridor" to describe traffic occurring to. and from the southeast. The City is in a protracted discussion with other parties about the breakdown of operational procedures that are to relate to the Corridor. Regardless of the recommendation of the Committee, it may be appropriate for the City to voice an official objection to the copious use of this term, despite failure of its procedures. I would respectfully request that this recommendation be forwarded to the Council for its consideration at the earliest opportunity. If you have any questions in this regard, please let me know. As istant to the City Administrator JDH/jeh