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03/07/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 7, 1989 A regular meeting of the Eagan City Council was held on Tuesday, March 7, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, City Planner Jim Sturm, Assistant City Engineer Mike Foertsch and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges recommended continuing Item C under the Consent Agenda (License, Gambling, Minnesota Valley Exchange Club, Pulltabs at Richard's Food and Liquor, 4185 South Robert Trail) to the March 21, 1989, City Council meeting. Wachter moved, McCrea seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES February 21. 1989. Mayor Ellison requested the change on page 1, paragraph 4, correcting the name to "Mike Michou". Councilmember Egan requested the correction from Bonestroo representative to Dakota County Highway Department representative, Dave Zeck, on pages 4 and 6. McCrea moved, Wachter seconded, the motion to approve the minutes for the February 21, 1989, regular Council meeting as amended. All voted in favor. RESOLUTION/FULL TRANSFER OF THE STATE'S MOTOR VEHICLE EXCISE TAX TO THE HIGHWAY USER TAX DISTRIBUTION FUND Assistant City Engineer Mike Foertsch introduced the matter to the Council. Wachter moved, Egan seconded, the motion to approve the resolution to allow full transfer of the State's motor vehicle excise tax to the highway user tax distribution fund. All voted in favor. R-89.7 Page 2/EAGAN CITY COUNCIL MEETING MINUTES March 7 , 1989 POLICE DEPARTMENT REORGANIZATION Chief of Police Pat Geagan reported to the Council regarding the reorganization request. Councilmember Egan asked if a balance would be maintained between the two lieutenants. Geagan responded yes. Egan requested a clarification regarding the administrative secretary. Mayor Ellison asked if this would achieve the Police Department's goal of constant supervision. Geagan responded yes, on paper. Wachter moved, Gustafson seconded, the motion to approve the reorganization of the Police Department management structure as presented. All voted in favor. DEPARTMENT UPDATES City Administrator Tom Hedges read a thank you letter from the O'Patrany grandparents. Chief Southorn informed the Council that the Eagan Fire Department was involved in controlling the NSP Black Dog fire. John Hohenstein distributed hats from the recycling firm and stated the public response was fantastic. Councilmember McCrea questioned where the containers were left. Mr. Hohenstein stated they should be at the doorstep. CONSENT AGENDA Item A. Personnel Items. 1. Clerk/typist positions. a. Full-time clerk/typist in Administration. It was recommended to approve the hiring of Virginia Discenza subject to successful completion of the City's physical examination requirements. b. Half-time clerk/typist in Community Development. It was recommended to continue the hiring for the position until the March 21, 1989, City Council meeting. c. Half-time clerk/typist in Parts Department. It was recommended to approve the hiring of Nancy Hammel subject to the successful completion of the City's physical examination requirements. Item B. Plumbers Licenses. It was recommended to approve the 8 plumbing licenses and 1 water softener license as presented. Page 3/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Item C. License, Gambling. Minnesota Valley Exchange Club. Pull-tabs at Richard's Food and Liquor. 4185 South Robert Trail. It was recommended to continue this item to the March 21, 1989, City Council meeting. Item D. License, Liquor. New Manager/LaFonda DeAcebo. It was recommended to approve an amendment of the liquor license for LaFonda DeAcebo Restaurant to reflect a new manager (Judy Johnson, 1400 47th Avenue, Columbia Heights). Item E. Project 527. Final Assessment Hearing (Lexington Square - Storm Sewer). It was recommended to continue indefinitely the scheduled final assessment hearing for Project 527 (Lexington Square - Storm Sewer). Item F. Project 487R, Receive Final Assessment Roll/Order Public Hearing (Braun Court - Streets and Storm Sewer). It was recommended to receive the final assessment roll for Project 487R (Braun Court - Streets and Storm Sewer) and schedule a public hearing to be held on April 4, 1989. Item G. Project 518. Receive Final Assessment Roll/Order Public Hearing (Eagan High School - Utilities). It was recommended to receive the final assessment roll for Project 518 (Eagan High School - Utilities) and order the public hearing to be held on April '4, 1989. Item H. Maintenance Vehicle No. 125, Approve Specs/Authorize Ad for Bids (Miscellaneous Equipment and Attachments). It was recommended to approve the specifications for Maintenance Vehicle No. 125 (Miscellaneous Equipment and Attachments) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on March 14, 1989. Item I. Contract 88-06, Final Payment/Acceptance (Braun Court - Streets and Storm Sewer). It was recommended to approve the third and final payment for Contract 88-06 (Braun Court - Street and Storm Sewer) and accept the project for perpetual maintenance. Page 4/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Item J. Contract 88-12. Final Payment/Acceptance (Eagan School - Utilities). It was recommended to approve the fifth and final payment for Contract 88-12 (Eagan High School - Utilities) and accept the project for perpetual maintenance. Item K. Contract 87-32C, Final Payment/Acceptance (Chapel Hill Addition - Streets and Utilities). It was recommended to approve the second and final payment for Contract 87-32C (Chapel Hill Addition - Streets and Utilities) and accept the project for perpetual maintenance. Item L. Petition to Vacate Portion of Public Right-of-Way (Auge Road) It was recommended to receive the petition to vacate a portion of public right-of-way for Auge Road and schedule a public hearing to be held on April 4, 1989. Item M. Approve Cooperative Power Association Lease Agreement/Fire Station No. 3/Well and Pum ouse. It was recommended to approve the Cooperative Power Association Lease Agreement for South Well Field "D" (Fire Station No. 3) and authorize the Mayor and City Clerk to execute all related documents. McCrea moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as amended and authorize their implementation. All voted in favor. DRUG AWARENESS RESISTANCE EDUCATION City Administrator Tom Hedges informed the Council that staff was considering a program for fifth grade drug education to be conducted by the Police Officers. Chief of Police Pat Geagan explained the program which would consist of one hour per week for 17 weeks. He stated the course was very structured and that there was a training program involved. The Lions Club would pay for the travel expenses. He further stated that January of 1990 was the soonest the program could begin. Councilmember McCrea stated she felt there should be grant money available for the payment of the wages. She felt there should not be duplication on different levels and that the program should be coordinated. She stated the children's view point should not be overlooked. Page 5/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Mayor Ellison felt the money would be well spent as the program was a very worthy endeavor. Councilmember Gustaf son stated there was tremendous pressure every year to add hours to curriculum. He felt the program was needed. City Administrator Tom Hedges informed the Council no action was necessary on the matter. PROJECT 546/CEDARVALE BOULEVARD (STREET RESURFACING) Assistant City Engineer Mike Foertsch updated the Council on the matter. Bob Freegard (OSM) presented the details of the feasibility report to the Council. He reviewed the location, structure of pavement, repairs needed and the overlay. He reported that the project would provide uniform width and he outlined the storm sewer improvements. He showed the assessment areas and presented the estimated cost. Councilmember Egan questioned the storm sewer improvements. Mr. Freegard described the nature of the improvements. Councilmember Wachter questioned the changes made on the west end. Mr. Freegard described the changes. Councilmember Gustafson asked why the north properties were not assessed. Mr. Freegard stated those properties had their own service road. Mr. Gustafson stated the other properties also had a service road. Assistant City Engineer Mike Foertsch informed the Council that those service roads were part of the gas station property and that it was a private access drive only. Councilmember Egan questioned the 10% contingency. Public Works Director Tom Colbert stated that reconstruction had more unknowns than new construction. Councilmember Gustafson indicated that Rahn Road should also be upgraded. Councilmember McCrea concurred and stated that Rahn Road was in bad shape. Public Works Director Tom Colbert pointed out that the neighboring residents opposed a past proposal to upgrade Rahn Road. Assistant City Engineer Mike Foertsch emphasized that the assessments were consistent with past practices. McCrea moved, Egan seconded, the motion to close the public hearing and approve Project 546 (Cedarvale Boulevard - Restoration/Resurfacing) and authorize the preparation of detailed plans and specifications. All voted in favor. Page 6/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 VACATE DRAINAGE AND UTILITY EASEMENT (LOT 15, BLOCK 1, CHATTERTON PONDS) Assistant City Engineer Mike Foertsch supplied the information regarding the petition for the Council. He informed the Council that the petitioner requested a two-week continuance of the matter to further review the landscaping. Mayor Ellison questioned what effect that would have on the Council action. Mr.Foertsch stated there would be no effect. Councilmember Egan commented that the matter should not be continued. McCrea moved, Egan seconded, the motion to close the public hearing and approve the vacation of the drainage and utility easement for Lot 15, Block 1, Chatterton Ponds, and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. VACATE A PORTION OF STREET RIGHT-OF-WAY (HERITAGE LANE - NORTH OF YANKEE DOODLE ROAD) Assistant City Engineer Mike Foertsch furnished an update on the matter for the Council. Egan moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a portion of street right-of-way (Heritage Lane - North of Yankee Doodle Road), and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. AWARD CONTRACT/LEXINGTON AVENUE - RESERVOIR (CONTRACT 88-24/PROJECT 538A) City Administrator Tom Hedges summarized the background on the matter. City Attorney Jim Sheldon informed the Council that a verbal commitment had been received from the title insurance company and that the matter could be closed next week. Assistant City Engineer informed the Council that the City could proceed with the contract award. Egan moved, Wachter seconded, the motion to award Contract 88-24 (Lexington Avenue - Reservoir) to Brown Tank Minneapolis of Eagan and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING SIGN City Administrator Tom Hedges introduced the item to the Council and stated that the APC recommended denial of the application. Page 7/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Community Development Director Dale Runkle summarized the application and stated the size of the sign exceeded criteria. City Administrator Tom Hedges stated the outstanding obligations should be stricken and could be added at a future date. Councilmember McCrea asked for a review of the rules regarding financial obligations. Mr. Hedges stated that a plat or a waiver of plat is the triggering action. McCrea stated she felt the City should be consistent. Arthur Dean (Naegele) reported that the site meets the criteria of the present sign ordinance. He stated he felt the size of the sign was an issue but that the Council had allowed larger signs in the past. He explained that the size of the sign was an industry standard. He submitted a list of Eagan advertisers who have used Naegele signs and stated that the signs allow advertisers to move about. Councilmember Egan questioned if the height of the sign met City Code. Mr. Runkle stated yes. Mr. Egan pointed out that the Council had previously discussed the location of freeway signs and questioned if this sign met that criteria. Mr. Runkle stated yes and that it was one of the few sites remaining. Mayor Ellison requested information regarding the "principle use" concept. Mr. Dean explained that the Eagan ordinance did not have principle use language, but that the results were basically the same. He stated that Naegele would like businesses to retain the sign. City Attorney Jim Sheldon described Eagan's ordinance and stated that the City had determined that 250 feet was appropriate. He indicated that if larger signs were requested, standards should be set forth in the ordinance. Mayor Ellison suggested a review of the billboard ordinance. Mr. Hedges stated he felt that it was a good point and that it had been about seven years since the ordinance was reviewed. He stressed that the City of Eagan was changing rapidly. Councilmember Egan emphasized that if the City set reasonable standards, it could avoid problems. Councilmember McCrea expressed her concerns and stated that she felt Eagan should never resemble South Robert Street. She pointed out that she was previously on the sign committee. Mayor Ellison recommended reviewing other municipalities' sign ordinances regarding spacing, size, principle use, etc. He requested that the applicant in this matter be included in staff discussions. Mr. Runkle informed the Council that he felt June 1 would be a reasonable time for response back to the Council. Egan moved, Wachter seconded, the motion to continue to the June 5, 1989, City Council meeting the conditional use permit for Naegele Outdoor Advertising, Inc., to allow a 40 foot tall, "V" shaped Page 8/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 billboard advertising sign on Lot 2, Block 1, S & W Industrial Acres, to allow further research of the billboard ordinance. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/PARK CENTER ADDITION/FEDERAL LAND COMPANY City Administrator Tom Hedges informed the Council that the APC had considered the applications as submitted by Federal Land Company and recommended a denial of the Comprehensive Guide Plan Amendment and rezoning. Community Development Director Dale Runkle reviewed the site plan with the Council and made reference to the HRA Option K. He informed the Council that the application had been reviewed with the City Attorney. Martin Colon (Federal Land Company) announced that he was prepared to give a full presentation if requested by the Council. In regard to the traffic matter, he stated he had met with Sorenson and Colbert and that eventually, probably 1991, Cliff Road would be a six-lane road. He stated the configuration would be similar to Yankee Doodle Road. Mr. Colon explained that the surveyor counted all trees in excess of 6 inches in width and three feet tall and that the count was approximately 180. He stated the trees were concentrated in the northwest corner near the senior citizens site. He observed that if the plan proceeded, 20% to 25% of the trees would be saved if the office buildings were installed. He explained that if the HRA plan was approved, up to 33% of the trees could be saved. He reported that Federal Land Company would plant 200 trees when the development was completed. Councilmember McCrea asked when the center would open. Mr. Colon stated it would open either when the final placement of Cliff Road was completed (about 1991) or when the interim construction could be accomplished, including the widening and signalizing of the westerly access point. He stated this would solve the problem. He announced that the developer would assume the cost of the upgrade. Councilmember McCrea suggested using the Target lot as a prototype for saving trees. Mr. Colon stated the developer was willing to make that commitment. Councilmember Egan questioned if trees in other areas of the development would be saved. He also questioned what type of interim improvements were needed. Mr. Colon informed the Council that the developer was willing to pursue any interim options set out by the County and the City engineers. Mr. Egan questioned if it would be an "either/or" proposition. Assistant City Engineer responded yes. Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Councilmember McCrea questioned if Federal Land could open earlier if the temporary provisions were made. Mr. Colon stated yes. Mayor Ellison recommended that the City should encourage the upgrading as top priority. Councilmember Wachter questioned if the County approval was for the two entrances off of Cliff Road. Mr. Colon responded that it was only preliminary. Mr. Foertsch informed the Council that the County had not reviewed the study and would not do so until March 13. He stated that the 1991 or 1992 upgrade was not official. Councilmember McCrea stated the Council could approve a resolution. City Administrator Tom Hedges commented that staff could reprioritize the capital improvements plan. City Attorney Jim Sheldon emphasized that it was a sensitive area and that whichever direction the Council went, there would be criticism and perhaps a lawsuit. He informed the Council of two alternatives: I. Obtain additional information and facts regarding use of the entire Park Center site as a multi-family development. II. 1. Send the CPD Comprehensive Guide Plan Amendment to the Metropolitan Council for review. 2. Send the west part of the Park Center property to the APC to begin action for rezoning that property to R-3. 3. Direct City staff to prepare the following: a. Resolution amending the Comprehensive Guide Plan. b. Resolution approving the rezoning and entering into the Planned Development Agreement for the eastern part of the property to Commercial Planned Development uses. c. Resolution approving the Preliminary Plat of the eastern part of the property with the western part of the property as shown as an outlot. d. Subdivision Agreement. e. Pylon Sign Agreement. f. Staff to review the executed Option Agreement with the HRA and Federal Land for acquisition of the eastern part of the property. Page 10/EAGAN CITY COUNCIL MEETING MINUTES Ys . March 7, 1989 g. Settlement Agreement for the condemnation lawsuit between the City of Eagan and Federal Land for acquisition of the pond and utility easements on the Park Center property. Mayor Ellison asked how the Metropolitan Council received authority to rezone in Eagan. Mr. Sheldon stated the authority was given by the state legislature and he further explained the history. Councilmember McCrea commented that she thought the Comprehensive Guide Plan was a guide. She stated the changes in the surrounding land use had not affected this parcel and questioned how a lawsuit could be generated. Mr. Sheldon stated that a lawsuit would not mean that the Council did anything wrong. McCrea stated the City had not received a lawsuit for quite a while. Councilmember Gustafson questioned that if the Council needed to ,,take a procedure, what assurance would the developer have. He stated he leaned toward the proposed type of development and questioned if the resolutions would cover these concerns. Mr. Sheldon stated that the procedure was consistent with the last five Planned Development Agreements and that all parties should understand the position. Mr. Sheldon also commented that the 120 day limit applied only to the preliminary plat and that the applicant should agree to the continuance. Councilmember Egan suggested the Council act on only two matters at the present time: (1) recommend change to the Comprehensive Guide Plan; or (2) rezone to Multi Residential. Councilmember Wachter suggested also including sending it to Dakota County. Councilmember Egan questioned the Met Council's timeframe. Community Development Director Dale Runkle stated it could be anywhere from 10 to 90 days and that the traffic studies would be reviewed. Councilmember Gustafson questioned that if the City sent the matter to the Metropolitan Council and it approved, could the City still change its mind. Councilmember Egan stated the record was clearly established and that in 1984, the Council refused rezoning on the basis of excess commercial in Eagan. Since that time, there has been substantial change in the area. He stated that the plan is very sensitive and that the developer demonstrated that D-III would be spot zoning. He further stated that the study showed that the area is ripe for further retail zoning. Egan moved, McCrea seconded, the motion to: 1. Approve and send the CPD Comprehensive Guide Plan Amendment for Park Center Addition to the Metropolitan Council for review. Page it/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 2. Send the west part of the Park Center property to the APC to begin action for rezoning that property to R-3. 3. Direct City staff to prepare the following: a. Resolution amending the Comprehensive Guide Plan. b. Resolution approving the rezoning and entering into the Planned Development Agreement for the eastern part of the property to Commercial Planned Development uses. c. Resolution approving the Preliminary Plat of the eastern part of the property with the western part of the property as shown as an outlot. d. Subdivision Agreement. e. Pylon Sign Agreement. f. Staff to review the executed Option Agreement with the HRA and Federal Land for acquisition of the eastern part of the property. g. Settlement Agreement for the condemnation lawsuit between the City of Eagan and Federal Land for acquisition of the pond and utility easements on the Park Center property. All voted in favor. Councilmember Egan stated the applicant agrees to continue the preliminary plat application. Wachter moved, Gustafson seconded, the motion to approve a resolution requesting Dakota County upgrade Cliff Road between I-35E and Cliff Center. All voted in favor. PRELIMINARY PLAT/OAK CLIFF 3RD ADDITION City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle summarized the application. Assistant City Engineer Mike Foertsch informed the Council that staff did not recall making a commitment to the developer regarding unassessed financial obligations. Councilmember Egan referenced Tom Colbert's letter dated March 2, 1988, to Tom Hedges. He stated that the Council alone would make those determinations. Councilmember Wachter noted that even if staff had made commitments, it would not be binding. Page 12/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 Saul Bernick distributed a packet to the Council, including an Affidavit from Greg Soule. He informed the Council that Mr. Schlangen contested the new special assessments and believed it was a settlement negotiation. He stated that at no time was anyone aware that such an assessment would exist. He announced that they felt it was a binding agreement. Councilmember Egan stated he felt the Owner had a duty to inquire as to the authority. He reiterated that the City enters into all agreements through the City Council. Councilmember Wachter emphasized that every parcel must pay its financial obligations. Mr. Bernick pointed out that they had relied on the City's actions. City Administrator Tom Hedges recapped the procedure for the City requiring availability charges. Mr. Bernick stated that the assessment was arbitrary. Assistant City Engineer Mike Foertsch commented that the review with Mr. Wobschall was to identify and explain the assessments. Councilmember Egan stated the City would not negotiate on the basis of supposed statements by Wobschall. City Attorney James Sheldon stated that only unimproved property could be deferred. Mr. Hedges stated it should either be included or waived. Mr. Sheldon commented that Mr. Schlangen must determine what is owed and who has authority. Councilmember Egan questioned if the Council needed to establish a benefit. Mr. Sheldon stated it could be waived. Mayor Ellison pointed out that the City needed to recover these costs and that a deferment would be a good compromise. Egan moved, Wachter seconded, the motion to approve the preliminary plat (replat) entitled Oak Cliff 3rd Addition consisting of two lots (2.91 acres) and one outlot (6.06 acres) located along the west side of Slater Road south of Cliff Road in the northwest quarter of Section 31, as submitted by Robert Schlangen, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B4, Cl, C2, C4, Dl, El, Fl, and G1. 2. Lot 1 shall be reviewed by the City Council prior to the issuance of a building permit. 3. A revised landscape plan shall be submitted for Lot 1 based on current landscape policy requirements prior to the final plat submission. 4. The development is required to add a sediment trap for the car wash and service station portion of the property to keep debris and sediment from settling out in the City's sanitary sewer line. Page 13/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 5. The development is required to provide sewer and water service to each platted parcel. 6. Subject to a written agreement to allow assessment, the assessible cost shall be deferred and assessed to Outlot B. All voted in favor. Councilmember Gustafson asked if he was correct in that the City did not propose assessments at the other stages. Mr. Foertsch stated he was correct. Mr. Gustafson replied that he felt uncomfortable when the City missed it so many times, but agreed it was a compromise. GENERAL FUND BUDGET ADJUSTMENT/DECEMBER 31, 1988 City Administrator Tom Hedges described the adjustments to the Council and stated that the matter could be considered at the work session. Councilmember McCrea asked if the legal fees had been under-estimated for 1988. Mr. Hedges stated that lawsuits make up a certain portion of the legal fees and further stated that Hauge received all of his payments last year. He explained that the transition caused doubling of legal costs but that the revenue would offset it. McCrea questioned if the 1989 legal fees would also increase. Mr. Hedges stated that revenue sources are tight and that the City would need to do tight monthly forecasting. He informed the Council that the 1989 budget would be monitored closely. McCrea suggested taking a look at the engineering provisions. She requested good projections. She felt there was a need for an in-house policy in regards to contacting consultants. Mr. Hedges stated that it should strictly be a legal matter in order to contact the attorneys. Councilmember McCrea emphasized that she was not saying that the fees were too high, just recommending that it should be monitored. Councilmember Egan indicated that the projected budget increased by 40% and that the City should take a look at the matter. He stated that the revenues were not increasing as fast as the expenditures. He felt the City could not count on permits and fees to handle the budget. City Administrator Tom Hedges explained that 1989 would have upward adjustments to the revenue. He further explained the budgeting process. Mayor Ellison commented that the City had a higher contingency amount at the present time. He stated that the City also estimated revenues more liberally and felt that the City should begin to estimate revenues more conservatively. Page 14/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 McCrea moved, Egan seconded, the motion to approve the fiscal 1988 budget adjustments as presented. All voted in favor. VARIANCE/BUILDING FRONT SETBACK/VILLAUME INDUSTRIES Community Development Director Dale Runkle briefed the Council on the application. Nick Linsmeier (Plant Manager) informed the Council that the hardship was for fire safety reasons. He explained the layout and the type of product of the industry. He further explained the flow of people through the building. Mayor Ellison questioned why the applicant did not consider moving the entry further north. Mr. Linsmeier stated the proposed location is located where the old entrance is. Mr. Runkle disclosed that the issue regarding the parking on the street should be resolved. Councilmember Wachter had concerns regarding the parking requirements. Mayor Ellison questioned if more stalls could be added. Mr. Linsmeier addressed the parking concerns and stated more stalls could not be added but that there was enough parking in the lot. Councilmember Gustafson asked what was wrong with parking in the street. Egan moved, Wachter seconded, the motion to continue the matter to the March 21, 1989, City Council meeting in regard to the additional 18 foot variance to the 40 foot building front setback for Villaume Industries located at Lot 5, Eagandale Center Industrial Park 2nd Addition - 2926 Lone Oak Circle. Mayor Ellison stated he felt the two matters should not be linked together and that the variance should be decided on its own merits. Councilmember Egan stated he felt the two were linked together. Egan and Wachter voted in favor; Ellison, Gustaf son and McCrea voted against. The motion failed. McCrea moved, Ellison seconded, the motion to approve an additional 18 foot variance to the 40 foot building front setback for Villaume Industries located at Lot 5, Eagandale Center Industrial Park 2nd Addition - 2926 Lone Oak Circle, subject to the condition that the applicant work with the City staff to assure adequate parking. All voted in favor. Councilmember Wachter questioned if the matter met City Code. Councilmember Egan questioned the requirements of the Code. City Attorney Jim Sheldon cited City Code 11.40. Councilmember Gustafson reviewed the hardship with the developer. 7 -117-:4 Page 15/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989 CLIFF LAKE GALLERIA SIGN AGREEMENT MODIFICATION Community Development Director Dale Runkle explained the modification to the sign agreement and stated that the City's sign inspector had reviewed the matter and indicated there was nothing which would prohibit consideration of the request. Gustafson moved, Egan seconded, the motion to approve a modification of the Cliff Lake Galleria Sign Agreement to permit the pylon sign and a monument sign to be relocated at Cliff Lake Center as presented. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/ OUTLOT C/KINGSWOOD 2ND ADDITION City Administrator Tom Hedges informed the Council that a letter had been received from the developer requesting a continuance. Rollie Crawford (Attorney) informed the Council that the developer is seriously rethinking the entire request and would return before the APC if the plan was changed. Councilmember Egan asked if there was an engineering report. Community Development Director Dale Runkle stated that the applicant had requested review without platting. Mayor Ellison remarked that the developer should let the Council air its commercial concerns. Mr. Crawford stated the developer wanted to re-evaluate the entire situation. Councilmember McCrea asked for the length of the continuance requested. Mr. Crawford stated indefinite and reiterated that the developer was willing to go back before the APC. McCrea complimented the developer on its attitude to rethink the request. Egan moved, McCrea seconded, the motion to continue indefinitely the Comprehensive Guide Plan Amendment and rezoning of 1.4 Agricultural acres to a Limited Business district on Outlot C of the Kingswood 2nd Addition preliminary plat, to allow the developer to review the entire request, with the condition that if the plan changes, the matter will be referred back to the Advisory Planning Commission. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/ PRELIMINARY PLAT/STERNS ADDITION/ISD #196 City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle stated the architects were available to discuss the bus access issue. Page 16/EAGAN CITY COUNCIL MEETING MINUTES j March 7, 1989 Kevin Sullivan (Wold Association) thanked the staff for their consideration in the handling of the matter and stated he was available for questions. Mayor Ellison asked Mr. Sullivan if he were comfortable with the bus circulation. Mr. Sullivan responded yes. Councilmember Egan questioned if the City had reviewed the matter. Public Works Director Tom Colbert replied that staff had reviewed the matter and was also evaluating the over-flow parking for special events and increasing the width of Dodd Road. Councilmember Wachter questioned the access width. Mr. Sullivan explained the width. Mr. Wachter questioned if the parking would be adequate for special events. Mr. Sullivan reported that the residential areas must be used and that it is the past practice of the School District to use residential areas. McCrea moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan Amendment changing the land use designation from Mixed Residential to Public Facilities (schools), as submitted by Independent School District No. 196 - Sterns Addition. All voted in favor. Wachter moved, Egan seconded, the motion to approve a rezoning of 16.46 Agricultural acres to a Public Facilities district, as submitted by Independent School District No. 196 - Sterns Addition. All voted in favor. Egan moved, McCrea seconded, the motion to approve a preliminary plat consisting of one lot for an elementary school located east of Dodd Road and south of Hackmore Drive (extended) in the north half of Section 25, as submitted by Independent School District No. 196 - Sterns Addition, subject to the following conditions: 1. The 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, C5, Dl, El and G1. 2. The development will be required to limit post-development phosphorus export levels to pre-development levels. 3. City staff to review the grading plan and the School District to be required to remove the drainage from the Schramm property. 4. The development will be required to submit a landscape plan which defines the boundary of the school and the Schramm property. 5. The School District to inform the adjoining property owners of the discrepancy in the survey. All voted in favor. R-89.8 Page 17/EAGAN CITY COUNCIL MEETING MINUTES OO791 March 7, 1989 BUD PURCHASE/LEXINGTON SOUTH City Administrator Tom Hedges updated the Council on the background of the matter. Councilmember McCrea requested further clarification. Public Works Director Tom Colbert stated that BUD would only sell the entire parcel. Councilmember Gustafson suggested selling the land (for this parcel) but retaining the right-of-way for Daniel Drive. Councilmember Wachter requested the amount of acreage being sold. Community Development Director Dale Runkle stated it was approximately 17 acres. Councilmember McCrea questioned if Brad Swenson incurred the legal costs. City Attorney Jim Sheldon stated he was sure there were some costs which were incurred and suggested the Council have the land appraised. Councilmember Egan had concerns regarding title problems. Egan moved, Wachter seconded, the motion to give direction to the City staff as follows: 1. The BUD property located at the southwest corner of Lexington Avenue and Diffley Road is to be kept for the reservoir site and recreation site. 2. The following property is no longer necessary for the purpose for which it was required and shall be designated surplus and should be appraised for sale as follows: a. The northerly extension of Daniel Drive at Diffley Road to be appraised with the intent to sell as R-1 property. b. The property along the north side of Wilderness Run Road and east of Walnut Hills Park to be appraised as R-1 or R-2. c. The portion of the previously proposed Soderholm Addition at the northwest corner of Lexington Avenue/Diffley Road to be appraised with the intent to sell as R-4 or Commercial. All voted in favor. PROJECT 561/RECEIVE PETITION/ORDER FEASIBILITY REPORT (STERNS ADDITION - STREETS AND UTILITIES) Egan moved, Gustafson seconded, the motion to receive the petition for Project 561 (Sterns Addition - Streets and Sewers) and authorize the preparation of a feasibility report. All voted in favor. Page 18/EAGAN CITY COUNCIL MEETING MINUTES 0072 March 7, 1989 PETITION TO VACATE PUBLIC RIGHT-OF-WAY (EGAN AVENUE - VILAS LANE TO PILOT KNOB ROAD) Gustafson moved, Wachter seconded, the motion to schedule a public hearing to vacate the public right-of-way (Egan Avenue - Vilas Lane to Pilot Knob Road) for April 4, 1989. All voted in favor. DISCUSSION City Administrator Tom Hedges stated the Town Hall Grant was not approved by the state but that the county would fund a portion of the move. Mr. Hedges also stated that the Marsha Bussey water matter had been resolved. Mr. Hedges referenced his memorandum regarding the Community Center and stated it was a draft only. Councilmember Egan mentioned to the Council that the City of Chanhassen was utilizing TIF for a Community Center. Community Development Director Dale Runkle updated the Council on the Seneca project. Public Works Director Tom Colbert presented an update on Dodd Road/494 upgrade. Councilmember Wachter had concerns regarding airplane noise. Councilmember Gustafson asked if the Council would conduct a workshop on the referendum failure. Mayor Ellison stated a workshop was scheduled for March 28, 1989, and that the workshop could partially be devoted to the topic. Councilmember Gustafson had concerns regarding "discovered assessments" and he stated that they seem to come up often and questioned if they could all be found at once. Public Works Director Tom Colbert explained the process. City Administrator Tom Hedges stated that the City collects what it can. Mayor Ellison commended the Public Works Department in the admirable job of clearing the snow at the last snow storm. Mayor Ellison stated that the Horne property was looking good. He further stated that an ice arena was being proposed in Eagan. Councilmember Egan had concerns regarding the Council packet for the meeting and stated that he felt the conditions were becoming skimpy. Public Works Director Tom Colbert responded that because of Page 19/EAGAN CITY COUNCIL MEETING MINUTES 00750 March 7, 1989 the recent 3-step process, it eliminated the necessity of many technical detailed conditions. WESCOTT GARDEN LOTS CONDEMNATION Egan moved, McCrea seconded, the motion to settle the Wescott Garden Lots Condemnation. All voted in favor. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated February 28, 1989 in the amount of $527,288.53; the checklist dated March 6, 1989 in the amount of $128,278.97; and the checklist dated March 7, 1989 in the amount of $217,512.26. All voted in favor. ADJOURNMENT The meeting was adjourned at 11:30 p.m. CITY OF EAGAN q I %U . t\ so. E. . VanOverbeke City Clerk