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03/21/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 21, 1989 A regular meeting of the Eagan City Council was held on Tuesday, March 21, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, and City Attorney Michael Dougherty. AGENDA Wachter moved, McCrea seconded, the motion to approve the agenda ,as presented. All voted in favor. MINUTES March 7. 1989. Mayor Ellison requested the following changes: Page 15, paragraph 4, correcting "(developer)" to "(attorney)". Page 17, paragraph 5, should read: "1. The HUD property located at the southwest corner of Lexington Avenue and Diffley Road is to be kept for the reservoir site and recreation site." Page 18, paragraph 12, should read: "Mayor Ellison stated that the Horne property was looking good. He further stated that an ice arena was being proposed in Eagan." Gustafson moved, Wachter seconded, the motion to approve the minutes for the March 7, 1989, regular Council meeting as amended. All voted in favor. February 16. 1989. Egan moved, Gustafson seconded, the motion to approve the minutes for the February 16, 1989, special Council meeting as presented. All voted in favor. FIRE DEPARTMENT/REMUNERATION FOR COURT APPEARANCES City Administrator Tom Hedges introduced the matter to the Council. Chief Southorn briefly summarized the request. Councilmember Egan questioned how often firefighters were summoned to court. Chief Southorn stated it occurred twice in the Page 2/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 last year. Councilmember McCrea recommended approval of the request due to the excellent service of the firefighters. McCrea moved, Gustafson seconded, the motion to approve the request for a remuneration for court appearances at the rate of $50.00 for one-half day at court and $100.00 for a full day at court. All voted in favor. FIRE DEPARTMENT/SURPLUS PROPERTY City Administrator Tom Hedges briefed the Council regarding the matter. He stated the value was between $800.00 and $1,600.00. Councilmember Gustafson had questions regarding the disposal of the property. Chief Southorn explained various ways of disposal. Gustafson moved, Egan seconded, the motion to declare certain equipment as surplus property and that the same be sold to the highest bidder either through the advertisement for bids or at the police auction, to be determined by the Fire Chief, and; that the City Council recognize the transfer of two air bottles to the Minnesota State Fire Marshall's office for use by that department. All voted in favor. FIRE DEPARTMENT/PER DIEM INCREASE FOR FIREFIGHTERS Councilmember Egan commented that the matter should be considered at the time the budget is prepared. City Administrator Tom Hedges stated that the per diem rates must come out of the budgeted amount. Wachter moved, Gustafson seconded, the motion to approve the per diem increase from $20.00 to $35.00 for members of the Eagan Fire Department who attend out-of-city training as described in the City's policy. This action is retroactive to February 15, 1989 to cover a conference/school that was held as of that date. All voted in favor. Mayor Ellison observed that the three fire department items were examples of why the City of Eagan should have a City Manager versus a City Administrator so these types of items need not come before the City Council. Councilmember Egan made inquiries regarding the staffing for Station 3. PARKS DEPARTMENT/UNISYS TRAIL City Administrator Tom Hedges updated the Council on the background of the matter. Parks and Recreation Director Ken Vraa informed the Council that the trail alignment was a deviation from the preferred alignment. He Page 3/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 explained the neighbors' opposition. He informed the Council there were three options: (1) to proceed; (2) to cancel the trail; and (3) to wait until the land transfers. He stressed that it was an important trail. Councilmember Egan asked when the eight year TIF period began. City Administrator Tom Hedges responded two years ago. Egan stated the City could deal with the new owner and that the property would probably be sold in the next five years. Councilmember Wachter felt there should be an eventual connection. Wachter moved, Egan seconded, the motion to postpone proceeding with the Unisys trail from Quarry to Pilot Knob Park until the semi-conductor facility is sold to consider a different location for the trail. All voted in favor. PUBLIC WORKS DEPARTMENT/1989 SEWER AND WATER RATE STUDY /1989 USER FEES City Administrator Tom Hedges presented the matter to the Council. Public Works Director Tom Colbert explained the necessity for the request. He stated that the 40% referred to the net dollar increase in the rate per 1,000 gallons. Mr. Hedges referred to page 83 of the 1989 Sewer and Water Rate Study which discussed the MWCC increase. Councilmember Wachter commented he felt the single-family water rate seemed too high. He would like a cost breakdown on the billing. Mr. Colbert discussed various billing options and indicated a review would be conducted regarding the options. McCrea moved, Egan seconded, the motion to adopt the 1989 Sewer and Water User Fee and authorize the implementation for the first full quarter of 1989, and directing staff to pursue the billing breakdown options. All voted in favor. PUBLIC WORKS DEPARTMENT/LEXINGTON AVENUE WATER SUPPLY (PROJECT 531-II) City Administrator Tom Hedges and Public Works Director Tom Colbert briefed the Council on the matter. Wachter moved, Gustafson seconded, the motion to receive the report for Project 531-II (Lexington Avenue Water Supply) and authorize the preparation of detailed plans and specifications for Contract 88-06. All voted in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 PUBLIC WORKS DEPARTMENT/PARKING ORDINANCE (DIFFLEY ROAD FRONTAGE ROAD) City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert informed the Council that the proposed ordinance was drafted by Kevin Eide and reviewed by Jim Sheldon. Egan moved, McCrea seconded, the motion to adopt the amended ordinance entitled "Winter Season Parking" (Section 9.09) and authorize the Mayor and City Clerk to execute all related documents subject to compliance with public notification in the legal newspaper. LEXINGTON POST OFFICE Councilmember Wachter questioned if the Council would resolve to expedite the off-street parking problem at the Lexington Post Office. Police Chief Pat Geagan informed the Council he had written a letter to the Postal authorities and the County would post the road if requested by the City. He stated he would continue his efforts in regards to the matter. FIRE GRASS RIG City Administrator Tom Hedges informed the Council that the quotations for the fire grass rig had been secured. He stated that Wilroy Ford was the low bidder, which low bid was under the budgeted amount. Councilmember McCrea questioned if the $14,778.00 was the total expense. Chief Southorn stated yes. McCrea moved, Egan seconded, the motion to accept the bids and award the contract for the fire grass rig to the lowest bidder, Wilroy Ford, in the amount of $14,778.00. All voted in favor. CONSENT AGENDA A. Personnel Items. 1. Half-time Clerk/typist in Community Development. It was recommended to approve the hiring of Marie Jaeger as a half-time clerk/typist for the Community Development Department, subject to successful completion of the City's physical examination requirement. 2. Police Officers. Councilmember McCrea questioned if there were any female and/or minority police officers being hired. She was informed there was one female police officer and no minority police officers. Page 5/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 It was recommended to approve the hiring of Tomma Freundschuh and Trent Johnson in March, 1989, and Jeffrey Johnson and Michael Anderson in May, 1989, as police officers for the City of Eagan, subject to successful completion of the City's physical and psychological examination requirements. B. Plumbers Licenses. It was recommended to approve the four plumbing licenses as presented. C. Agreement for Greenview and City of Eagan for Compost Site Operation. Councilmember McCrea questioned the terminology regarding the matter. She stated that she hoped the seniors were recruited from the ,City of Eagan. It was recommended to approve the public service agreement between the City of Eagan and Greenview, Inc. for provision of compost site monitoring services for 1989 as presented. D. Dakota County Tax Forfeit Parcels. It was recommended to approve the City's retention of those parcels identified as Parcels 1, 2, 12 and 13 of the Dakota County Tax Forfeit Parcels. E. Resignation, Member of Airport Relations Committee. It was recommended to accept the resignation of Dennis Gagnon as a member of the Airport Relations Committee and advertise for his replacement. F. License for One Day Consumption and Display for St. John Neumann Spring Dance. It was recommended to approve a one-day consumption and display license for St. John Neumann's spring dance. G. Contract 88-5, Final Payment/Acceptance (Well No. 11 - Pumphouse and Facilities). It was recommended to approve the final payment for Contract 88-5 (Well No. 11 - Pumphouse and Facilities) and authorize the acceptance for perpetual maintenance. 1 -7) IL2 Page 6/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 H. Vacate Public Access, Receive Petition/Order Public Hearing (Outlot A. Eagan Woods Office Park). It was recommended to receive the petition to vacate public access easement (Outlot A, Eagan Woods Office Park) and schedule a public hearing to be held on April 18, 1989. I. Maintenance Vehicle No. 125. Receive Bids/Award Contract (Miscellaneous Equipment and Attachments). It was recommended to receive the bids for Maintenance Vehicle No. 125 (Miscellaneous Equipment and Attachments) and award the contract to Midland Equipment, Inc. as the low bidder in the amount of $25,377.00. J. Contract 88-28. Approve Plans/Aut rite Ad for Bids (Fire ;Station No. 1 - Parking Lot Improvements). It was recommended to approve the plans and specifications for Contract 88-28 (Fire Station No. 1 - Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 11:30 a.m., Wednesday, April 12, 1989. K. Contract 88-29. Approve Change Order No. 2 (Well No. 13 - Completion Date). It was recommended to approve Change Order No. 2, Contract 88-29, (Well No. 13 - Completion Date) with an extension from March 8, 1989 to March 24, 1989, and authorize the Mayor and City Clerk to execute all related documents. L. Contract 86-12. Final Payment/Acceptance (Wells No. 8 & Ng-, ,_2 - Pumphouse and Facilities). It was recommended to approve the final payment for Contract 86-12 (Wells No. 8 & No. 9 - Pumphouse and Facilities) and authorize acceptance for perpetual maintenance. M. Contract 87-AAA, Final Acceptance (Stuarts 2nd Addition - Utilities). It was recommended to approve the final acceptance for Contract 87-AAA (Stuarts 2nd Addition - Utilities) for perpetual maintenance subject to warranty provisions. N. Approve Final Plat. Safari Estates Second Addition. It was recommended to approve the final plat for Safari Estates Second Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.9 Page 7/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 0. Approve Final Plat, Safari Fourth Addition. It was recommended to approve the final plat for the Safari Fourth Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.10 P. Project 562, Authorize Feasibility Report. Plans and Specifications (Well No. 14). It was recommended to authorize the preparation of the feasibility report, plans and specifications for Project 562 (Well No. 14). Q. Project 563. Authorize Feasibility Report Plans and Specifications (Well No. 15) . It was recommended to authorize the preparation of the feasibility report, plans and specifications for Project 563 (Well No. 15). R. Contract 87-35. Final Payment/Acceptance (Brittany 10th - Trunk Storm Sewer). It was recommended to approve the fifth and final payment for Contract 87-35 (Brittany 10th - Trunk Storm Sewer) and authorize acceptance for perpetual maintenance. S. Contract 87-36, Final Payment /Acceptance (R&B Addition/Whispering Woods 2nd Addition - Utilities and Streets). It was recommended to approve the fourth and final payment for Contract 87-36 (R&B Addition/Whispering Woods 2nd Addition - Utilities and Streets) and authorize acceptance for perpetual City maintenance. McCrea moved, Wachter seconded, the motion to approve the foregoing consent agenda items as presented and authorize their implementation. All voted in favor. FINAL ASSESSMENT HEARING/TOWN CENTER - STREET LIGHTS (PROJECT NO. 519) City Administrator Tom Hedges presented the matter to the Council. Public Works Director Tom Colbert updated the Council regarding Project 519. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 519 (Town Center - Street Lighting). All voted in favor. Page 8/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 MASAC APPOINTMENT City Administrator Tom Hedges updated the Council regarding the matter. Gustafson moved, Wachter seconded, the motion to appoint Dustin Mirick as the City's MASAC representative. All voted in favor. McCrea moved, Egan seconded, the motion to approve a formal request to MASAC to increase the City of Eagan's representation from one member to two members. All voted in favor. SOLID WASTE ABATEMENT COMMISSION/RECYCLABLE PERFORMANCE PAYMENT City Administrator Tom Hedges introduced the matter to the Council. Administrative Assistant Jon Hohenstein explained the 'recommendation and informed the Council that there was an exceptional response to the recycling to date. Councilmember Wachter questioned the future recycling targets. Mr. Hohenstein described the future recycling targets. Egan moved, Gustafson seconded, the motion to approve (1) authorization to support payments to haulers at the rate of $20.00 per ton for recyclables collected at the curb and verify as returned to recyclable markets by the appropriate documentation including weight tickets; (2) authorization to staff to submit an application to amend the County Landfill Abatement Funding Application in the amount of $23,288.00 to bring the maximum available for tonnage rebate in 1989 to $50,000.00; and (3) authorization of a $5.00 per ton rebate for targeted recyclables for drop-off programs operating within the City. All voted in favor. SPECIAL USE PERMIT/CUB FOODS/GREENHOUSE SALES City Administrator Tom Hedges updated the Council on the matter. Councilmember Wachter stated he felt it was an inappropriate request, of which he was not in favor. A representative for Cub informed the Council that Cub sold greenhouse products in the spring and home products in the fall. Councilmember McCrea had concerns regarding shutting down the small businesses in Eagan. Councilmember Egan asked if it would adversely effect the City. Community Development Director Dale Runkle replied no. Councilmember Gustafson commented that Cub could sell whatever they wanted to and that it was not the City's business. He stated that the parking was not effected and that the real issue was whether the 24 space use would violate Code. Councilmember Egan Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 concurred with Councilmember Gustafson. Mayor Ellison stated that it was becoming difficult to park at Cub but that it was the developer's decision. The developer informed the Council that the location for the power supply was in the light pole. Councilmember McCrea pointed out that outside storage was not allowed in Eagan and that Cub could not have things out over night. The developer stated that the shrubs would not survive inside. City Attorney Mike Dougherty indicated that there was a Planned Development and that under the underlying CSC, outdoor sales and displays were allowed. Gustafson moved, Egan seconded, the motion to approve the application for a special use permit as applied for by Cub Foods to ,allow a temporary greenhouse from April 20, 1989 to June 5, 1989, subject to the following conditions: 1. The special use permit is temporary and shall expire after June 9, 1989. 2. A building permit must be obtained through the City's Protective Inspections Division. 3. The building shall be open-ended and shall be placed within the fenced sales area to allow exiting through both ends. 4. The permit shall be subject to all applicable Code requirements. Gustafson, Egan and Ellison voted in favor; McCrea and Wachter voted against. SPECIAL USE PERMIT/TRI-LAND PARTNERSHIP/GOLF DRIVING RANGE City Administrator Tom Hedges informed the Council that at the Advisory Planning Commission meeting it was determined that a preliminary plat would not be required and that a special permit would be adequate for this type of use. Community Development Director Dale Runkle summarized the application for the Council. He recommended to the Council that if the matter were approved, there should be a licensing requirement. Brad Swenson (Tri-Land) informed the Council he was available for questions. Sharon Swenson stated there was a planned completion date of May 15, 1989. Mayor Ellison questioned how long it was planned for the land to be used as a golf range. Ms. Swenson replied five to seven years. Page 10/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Mayor Ellison asked Mr. Runkle if licensing could be revoked. Mr. Runkle stated it would be a consideration. Ms. Swenson commented that there would be one bathroom in the facility and that a building plan would be submitted to the City. Egan moved, Gustafson seconded, the motion to approve a special use permit for a golf driving range located within the Lexington South Planned Development, as submitted by Tri-Land Partnership of Eagan - Eagan Center 3rd Addition, subject to licensing requirements. All voted in favor. CONDITIONAL USE PERMIT/DAVANNI'S/ON-SALE LIQUOR, 3.2 BEER AND WINE/CLIFF LAKE CENTER City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of the application. Community Development Director Dale Runkle summarized the application for the Council. The applicant was available at the meeting for questions. Egan moved, McCrea seconded, the motion to approve a conditional use permit to allow on-sale 3.2 beer and wine in a community shopping center district for Davanni's at the Cliff Lake Center Addition, subject to the following conditions: 1. Approval by the City's Police Department through the investigation process. All voted in favor. CONDITIONAL USE PERMIT/METRAM PROPERTIES COMPANY/MOTOR FUEL SALES City Administrator Tom Hedges informed the Council that the Advisory Planning Commission recommended approval of the application. Community Development Director Dale Runkle summarized the application for the Council. Jerry Archer (PDQ) was available for questions. Councilmember Gustafson commented that the traffic in the center was limited to one access and questioned why not leaving the other access open. Community Development Director Dale Runkle pointed out that one access could handle the circulation. Councilmember Egan asked if the shops to the east would be impacted by the canopy. Mr. Runkle replied that the present uses were not retail. He further stated there would be access through the service bays. Page 11/EAGAN CITY COUNCIL MEETING MINUTES _ .~:'L March 21, 1989 Councilmember Egan asked how the pump differed from Hilltop. The developer explained the difference and stated that PDQ would expand into the old bakery spot. Councilmember Gustafson asked if there was single family across from the pumps. He commented that Blackhawk Plaza was similar. Mr. Runkle stated that there was single family across from the pumps and that everyone had been notified within 350 feet. Councilmember Egan pointed out that Blackhawk Plaza had other safety issues. Public Works Director Tom Colbert stated that Blackhawk Plaza had inadequate circulation. Mike Eichorn described the light specifications. He commented that a flat lens could be used to provide less spill-over. Mayor Ellison requested the addition of a condition requesting staff to work with the developer to prevent light spill-over. Egan moved, McCrea seconded, the motion to approve an application for a conditional use permit to allow motor fuel sales in a neighborhood business district located at the Silver Bell Plaza along Silver Bell Road in the southwest quarter of Section 17, subject to the following conditions: 1. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 2. The final landscape plan will be submitted with the building permit application. 3. The review and approval of this site plan by the City for the construction of the proposed use is subject to the following requirements: a. The proposed driveway is required to be 30 feet wide with 30 foot curb return radii. b. Positive drainage to the existing on-site catch basins. c. A maximum driveway slope of 6%. d. A concrete valley gutter is required across the driveway opening along Silver Bell Road. e. A permit is required from the City for work in the public right-of-way. 4. The applicant is to meet staff's approval in connection with the prevention of light spill-over. Page 12/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. TARGET/TREE REMOVAL REQUEST City Administrator Tom Hedges informed the Council that Target was requesting the removal of one oak tree to allow better visibility of the Target sign. Community Development Director Dale Runkle explained the layout to the Council. He informed the Council that MnDOT required $8,300.00 of landscaping if the tree were to be removed. He further stated that the developer was doing a good job with the other landscaping. He reported that the tree was on highway property. Councilmember McCrea commented there was a hardship situation. Co-•uncilmember Egan remarked that the landscaping may be preferable to the tree. He stated that relocating the sign would create a greater problem. Councilmember Gustafson emphasized that the tree was there before Target and questioned why the matter was before the Council. Bruce Warzel (engineer) informed the Council he was negotiating on his client's behalf with MnDOT. He stated the developer foresaw a reconveyance of the right-of-way which did not happen. Egan moved, Gustafson seconded, the motion to approve an amendment to the site plan allowing Target to remove one (1) oak tree to allow better visibility of the existing Target sign. Gustafson, Ellison, Egan, and McCrea voted in favor; Wachter voted against. REZONING/CLIFF RIDGE ADDITION City Administrator Tom Hedges summarized the application for the Council. Community Development Director Dale Runkle described the proposed development to the Council. He commented that a variance regarding the cul-de-sac was unnecessary. Ray Brandt (Brandt Engineering) informed the Council the developer had met with the neighbors and that a realignment of the road would be a problem. He commented that there would be an attempt to save the trees on the lot lines. He outlined the drainage system. Mayor Ellison asked to be shown where the trees were located. Community Development Director Dale Runkle described the location of the trees. Don Smith, 4557 Oak Chase Way, reiterated the APC concerns. He had concerns regarding transition, the matching of the lot lines and more expensive homes. He stated the developer had not given on the Page 13/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 issue and that the trees should be saved or replanted along the property lines for a buffer. He referenced the Comprehensive Guide Plan. Tom Tweeten, 4550 Oak Chase Way, thanked the developer for the meeting. He reaffirmed Mr. Smith's concerns. He stated he felt the pond easement should be given to the City. He also had concerns regarding the drainage. He commented that the lot sizes were smaller. John Klein (broker for Ostertag) stated he was disturbed by the previous comments. He reported that the lots meet the requirements of the City; the adjacent property was built on a swamp; the adjacent property was trying to make the Ostertag property hold its drainage; the City should approve the project; and that the neighbors were engaging in snobbery. 1 Councilmember Wachter asked why there was not direct access. Mr. Klein stated the County did not want a third access. Tim Lilly, 3548 Oak Chase Way, stated the drainage was not going onto the Ostertag property but that the water would accumulate on his property. He commented that the neighbors were only trying to protect their property values. Councilmember McCrea recommended that the staff should elaborate on the water problem. Public Works Director Tom Colbert responded that the Oak Chase 6th Addition was required to create an interceptor ditch until the Ostertag property was developed. He outlined the proposed drainage to be installed with the development and stated that the final plat would require detailed drainage layout. Councilmember Egan questioned if the lot sites were a problem. Mr. Colbert stated no that there was some poor soil on three lots. Egan had questions regarding access. Mr. Colbert stated it did not meet the spacing guidelines of the County. Mayor Ellison remarked that the dual entrance would help access. John Klein reported that the back yards would be abutting the back yards of the neighbors. Mayor Ellison commented that there would not be estate zoning next to multi-residential. He reported that the Council enforces minimum lot sizes and that single family was the transition to the multi-residential. Councilmember Wachter remarked that access to Cliff Road was poor. Wachter moved, Egan seconded, the motion to approve the application for the rezoning of ten Agricultural acres to a Single Family district, as submitted by Argus Development for the Cliff Ridge Addition. All voted in favor. Councilmember McCrea had questions regarding the trees and stated there was no condition in the APC minutes. She asked if a tree Page 14/EAGAN CITY COUNCIL MEETING MINUTES -~s March 21, 1989 survey had been conducted. The developer stated the survey had not yet been done. John Klein outlined the tree layout and the slope. Mr. Colbert stated that trees would be lost through the grading process. He stated the developer could grade only the roadway and let the home builders save the trees. Mr. Brandt commented that fill would need to be provided from off-site. Councilmember McCrea questioned if some trees were visible from Cliff Road. Mr. Brandt stated yes but that they would not be lost. Mayor Ellison requested the developer save as many trees as possible. Councilmember Egan had concerns regarding proposed condition number 15. Egan moved, Gustafson seconded, the motion to approve a preliminary plat consisting of 22 lots located west of Lexington Avenue and north of Cliff Road in the southeast quarter of Section 27, as submitted by Argus Development, Cliff Ridge Addition, 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, Bl, B2, B3, B4, Cl, C2, C5, El, Fl and G1. 2. The development is required to submit a grading plan which accurately shows the existing adjacent topography. 3. The grading plan shall be revised along the west side of this site to match the existing back yards of the westerly adjacent lots (Lots 1 and 3, Block 1 and Lots 1 through 6, Block 2). 4. The drainage swale with a minimum slope of 1.5% along the backyards of the lots that abut Oak Chase 6th Addition is required. 5. The development is responsible for matching the existing street grades provided in the adjacent Ches Mar East 5th Addition and Oak Chase 6th Addition. 6. A storm sewer outlet is required for the landlocked low area located in the southeast corner of this site. 7. The development is required to provide a storm sewer outlet to the southerly boundary of the property adequately sized to handle approximately 16.4 acres of runoff. 8. The development will be responsible for intercepting the existing 18" storm sewer that drains easterly along the lot line between Lots 4 and 5, Block 2, of Oak Chase 6th Addition. 9. The development is required to extend its storm sewer outlet to the normal water level (NWL) of Pond LP-70. Page 15/EAGAN CITY COUNCIL MEETING MINUTES ~ March 21, 1989 ,4! 11. The development will be required to limit phosphorous loading to Carlson Lake to predevelopment levels. 12. The proposed water main layout as shown is not acceptable and subject to further review by staff. 13. The well and septic system to be abandoned in accordance with the City and WPC standards. 14. The developer to work with staff to save as many trees as possible. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea voted against. There was further discussion between Mr. Brandt and the neighbors regarding the drainage. The neighbors requested a stop sign. PRELIMINARY PLAT/RAHNCLIFF 3RD ADDITION City Administrator Tom Hedges briefed the Council on the matter and stated that the Advisory Planning Commission recommended approval of the Rahncliff 3rd Addition preliminary plat. Community Development Director Dale Runkle summarized the application for the Council. The applicant was not present at the meeting. Councilmember Gustafson stated he felt the parking was inadequate even though it exceeded Code. Mr. Runkle stated that the volume on the drive through would not require a conditional use permit. McCrea moved, Gustafson seconded, the motion to approve the application for a preliminary plat consisting of Outlots A, B, and C of the Rahncliff 2nd Addition located south of Cliff Road and east of Rahn Road in the northwest quarter of Section 32, as submitted by Rahncliff Crossing, Inc. - Rahncliff 3rd Addition, 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: Bl, B2, Cl, C2, C4, El, and Fl. 2. The undeveloped lots shall be reviewed by both the Advisory Planning Commission and City Council. 3. The buildings will be constructed on all sides with brick consistent with the building approved in the Rahncliff 2nd Addition. 4. All signage shall be subject to the one time sign fee of $2.50 per square foot. P' nm Page 16/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 5. The trash enclosure shall be permitted next to the restaurant on Outlot C and shall be constructed of the same materials. The Planned Development Agreement shall be modified to reflect this change only on Outlot C. 6. The development is responsible for dedicating appropriate cross easements for traffic circulation. Gustafson, Ellison, Egan, and McCrea voted in favor; Wachter voted against. SEE PLAT FILE RIDGEHAVEN ADDITION Marty Camp (on behalf of Steve Ramsey for Ridgehaven) informed the Council that all of the documents were completed and executed. He stated that a third extension would put the project in jeopardy. 'Councilmember McCrea questioned if action would be appropriate and stated she felt the Council should not act on the matter at the present time. Mayor Ellison informed Mr. Camp the Council could not act on the matter at the March 21, 1989 meeting. Mayor Ellison suggested the matter may possibly be heard at the March 28, 1989 special workshop meeting, if everything was in order.- PRELIMINARY PLAT EXTENSION/REMICK ADDITION Community Development Director Dale Runkle updated the Council on the matter. Egan moved, Wachter seconded, the motion to approve the preliminary plat extension for Remick Addition for one year (until March 31, 1990). All voted in favor. PRELIMINARY PLAT EXTENSION/WHISPERING WOODS 4TH ADDITION Wachter moved, Gustafson seconded, the motion to approve an extension to the preliminary plat for Whispering Woods 4th Addition for one year (until March 31, 1990). All voted in favor. NATIONAL LEAGUE OF CITIES CONFERENCE Mayor Ellison, Councilmember McCrea and City Administrator Hedges updated the Council on their attendance at the National League of Cities Conference the previous week in Washington, D.C. BURNSVILLE/EAGAN CABLE COMMUNICATIONS COMMISSION ANNUAL REPORT Egan moved, Gustafson seconded, the motion to acknowledge receipt of the Burnsville/Eagan Cable Communications Commission annual report. All voted in favor. Page 17/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 RESIGNATION/GORDON STAUFF/ENGINEERING TECHNICIAN Public Works Director Tom Colbert informed the Council that Mr. Stauff had been an excellent employee. Wachter moved, Gustafson seconded, the motion to accept the resignation of Gordon Stauff as an Engineering Technician for the City of Eagan, and to advertise for a replacement. All voted in favor. SEASONAL PARK MAINTENANCE WORKER Gustafson moved, Wachter seconded, the motion to ratify the hiring of Hugh Peterson as a seasonal parks maintenance worker, to begin employment March 20, 1989. All voted in favor. DISCUSSION City Administrator Tom Hedges updated the Council on the following: the budget document, the packet policy review, the Council workshop on March 28, 1989, the memo regarding goals and objectives, and the 35W study in regards to the cost participation. City Attorney Mike Dougherty informed the Council that the HUD property had been acquired by the City of Eagan for the reservoir site. He further stated that he had been in contact with the developer of the Soderholm Addition who showed an interest in purchasing the old reservoir site on Lexington Avenue. Councilmember McCrea stated she felt it made sense to sell. Mayor Ellison felt that the Soderholm site should be integrated with the City site. Gustafson commented that the land is for sale and that staff should explore the sale possibility. Councilmember Gustafson commented that he felt the time had come to improve Rahn Road. Councilmember Wachter stated that Rahn Road was bad. Councilmember McCrea suggested the necessity to downscale the project. Public Works Director Tom Colbert stated the width was a minimum to receive state aid and there would be the possibility of losing state funds. Gustafson stated the street was close to ruin and that the matter had to be dealt with. Mayor Ellison instructed staff to investigate the matter and make a recommendation to the Council. Colbert stated he would have the feasibility report updated with cost estimates. Gustafson requested staff bring back the original plan as a staff report. Mayor Ellison commented that the staff had provided good information regarding the Senate Tax Committee update. Councilmember Egan requested that the Attorney Comstock letter be distributed to the Councilmembers as soon as it is received. Page 18/EAGAN CITY COUNCIL MEETING MINUTES March 21, 1989 Councilmember McCrea stated she had received a letter from Jerry Barker in the Town Center informing her that five small businesses had gone under. She further stated that the Cub Foods greenhouse operation discouraged her and she felt that the Council should keep the existing businesses in Eagan healthy. Councilmember Egan stated the City could not keep all large businesses out. McCrea also mentioned she would like quality in the commercial/retail areas. CONTRACT 87-H/LONE OAK DRIVE UTILITY IMPROVEMENT Public Works Director Tom Colbert recommended final acceptance for perpetual maintenance of Contract 87-H. He stated that the letter of credit was due to expire. Gustafson moved, Egan seconded, the motion to approve final acceptance for perpetual maintenance of Contract 87-H (Lone Oak Drive Utility Improvements). All voted in favor. CHECKLISTS Wachter moved, McCrea seconded, the motion to approve the checklist dated March 21, 1989 in the amount of $742,472.49. All voted in favor. ADJOURNMENT Upon motion duly made by Gustafson, seconded by Egan, the meeting was adjourned at 10:00 p.m. All voted in favor. THE CITY OF EAGAN E. VanOverbeke, City Clerk