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09/19/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 19, 1988 A regular meeting of the Eagan City Council was held on Monday, September 19, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, Assistant City Planner Jim Sturm and Assistant City Attorney Michael Dougherty. AGENDA Wachter moved, McCrea seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES September 6. 1988. Mayor Ellison requested the following changes to the minutes: Page 4, paragraph 6, correct typographical error from "logo" to "local Page 14, paragraph 3, correct "Perry" to "Per". Page 19, last paragraph, third sentence, should read "He stated that if the Council approved the prior plan, the developer would have the ball in its court." Page 32, second paragraph, should read "Councilmember Wachter stated that the McKey Addition was also in the middle of an area that the comprehensive guide plan showed as Light Industrial." Page 33, paragraph 5, third sentence, should read "Mr. Gustafson stated that ownership requires 6,000 square feet." Page 35, paragraph 5, "7:00 p.m." should be changed to "8:00 p.m." The vote should read "Gustafson, Ellison and Egan voted in favor; McCrea was opposed. Councilmember Wachter did not vote." Councilmember Egan requested the following changes: Page 20, paragraph 2, "Egan's" should be changed to "Eagan's". Page 21, paragraph 8, should read: "Mayor Ellison questioned what would happen beyond the 120-day limit. City Attorney Jim Sheldon stated the preliminary plat would be approved without further action and that the Council must act on the preliminary plat or it would be Page 2/CITY COUNCIL MEETING MINUTES September 19, 1988 approved. However, since the previous motion for approval had failed, that would serve as a denial." McCrea moved, Wachter seconded, the motion to approve the minutes for the September 6, 1988, regular meeting as amended. All voted in favor. BOND SALE FOR $13,400,000.00 G.O. AND $1,850,000.00 FIRE FACILITIES BONDS City Administrator Tom Hedges stated that at the August 16, 1988, City Council meeting, authorization was given to set a bona sale for G.O. public improvements and for Fire Stations 4 and 5 on September 19, 1988. As a part of that action, a bond credit rating was authorized from Standard and Poor's and Moody's. He informed the Council that Councilmember Egan, Director of Finance VanOverbeke and himself appeared before Standard and Poor's and Moody's and had been notified that the A+ rating of Standard and Poor's would continue and the previous A rating of Moody's had been upgraded to an Al status. Both rating agencies were highly complimentary of the City of Eagan and it appeared that when the amount of outstanding debt of the public improvements/special assessment projects is reduced, proportionate to assessed valuation, the credit rating would more than likely be increased from its present status. He further stated that the bond sale was held on Monday, September 19, 1988, at 12:00 noon. Dave MacGillivray, Springsted, presented to the Council the bid summaries. He recapped the New York trip, and highlighted the strong points of Eagan's financial situation. He also reviewed the bid results and the property tax levy schedule with the Council. Councilmember Egan questioned if the rating had increased on the last trip. City Administrator Tom Hedges stated it had either increased the last time or the time before. Mr. Egan stated he felt these were outstanding results. Mayor Ellison questioned the indebtedness in measure of safety. He asked if the City was on the good end. Mr. MacGillivray stated the Al rating was in recognition of good debt position. Councilmember McCrea questioned if the term on the $13,400,000.00 was the same. Mr. MacGillivray stated that both end in the year 2004. Mayor Ellison questioned if two actions were necessary. City Administrator Tom Hedges stated two actons were required. McCrea moved, Egan seconded, the motion to approve the resolution for accepting the lowest bid from Norwest Investment Services, Incorporated for $13,400,000.00 general obligation and public improvement bonds. All voted in favor. Page 3/CITY COUNCIL MEETING MINUTES September 19, 1988 McCrea moved, Egan seconded, the motion to approve a resolution for accepting the lowest bid from Norwest Investment Services, Incorporated in the amount of $1,850,000.00 general obligation fire facilities bonds. All voted in favor. RETIREMENT NOTICE - CHIEF OF POLICE JAY BERTHE City Administrator Tom Hedges informed the Council he had received a letter from Chief of Police Berthe announcing his plans to retire, effective January 20, 1989, from the City of Eagan. He further stated that for all practical purposes, Chief Berthe is a charter member of Eagan's first police department during his tenure as an officer, sergeant, assistant chief and most recently Eagan's Chief of Police. Mayor Ellison expressed his appreciation to Chief Berthe for his 20+ years of service. He stated Eagan had seen much change since Chief Berthe began working for the City of Eagan. Chief Berthe thanked the police staff and stated they were a great group. He further thanked all department heads, the City Council, past and present, the citizens and the business people of the City of Eagan. Wachter moved, Egan seconded, the motion to accept, with reluctance, the retirement notification of Jay Berthe as an employee of the City of Eagan to be effective January 20, 1989, and authorize the City Administrator to begin the selection process for a Chief of Police. All voted in favor. CONSIDER PETITION FOR STOP SIGN - BEAVER DAM ROAD AT BEAR PATH TRAIL Public Works Director Tom Colbert informed the Council a petition had been received requesting the installation of stop signs on Beaver Dam Road at its intersection with Bear Path Trail. He stated that because the installation of stop signs at this intersection as petitioned does not meet the warrants in accordance with the manual on Uniform Traffic Control Devices, he was forwarding the request directly to the City Council for review and action. He stated the following reasons why he could not recommend approval of the petition: 1. There is insufficient cross traffic to warrant the stopping of Beaver Dam Road. 2. There presently exists a five-foot concrete sidewalk along the west side of Beaver Dam Road for pedestrian movement. 3. The entrance to the park property is located opposite Shale Lane on Beaver Dam Road and SunCliff Road on Bear Path Trail approximately two blocks east of the intersection in question. Page 4/CITY COUNCIL MEETING MINUTES September 19, 1988 4. The installation of "slow children at play" signs has been reserved for locations adjacent to specific areas where congregations of children are anticipated. 5. With the existence of cross guards and portable stop signs on school buses, it is not appropriate to install stop signs at every school bus stop. 6. A frequently used pedestrian crosswalk, appropriate crosswalk striping and advance signings could be installed. Cynthia A. Davis and Don A. Scheneman, petitioners, stated they were requesting the signs because there are a number of small children in the neighborhood and they are continuing to see increased traffic flow through Bear Path Trail. They further stated that Meadowland Park was just across the road and that the new Cub and Target added to the traffic and that the intersection slopes downward and people tend to speed. Mayor Ellison asked Mr. Colbert to review the criteria. Mr. Colbert stated that traffic flow signs should not be used for speed control. He further stated that if signs were put in at all bus stops, there would be a proliferation of stop signs. Mayor Ellison stated that the City could increase the police surveillance in the area. Tim Camron diagrammed to the Council where his dwelling was located. He further explained how children access the park. Mayor Ellison questioned how many car trips there were in the area per day. Mr. Colbert stated he was unsure. Councilmember Wachter stated he felt the Council should have that information before making a decision. Eileen Peterson stated that many semi-trailer trucks were using the road and that the road was becoming a raceway. Councilmember Egan stated that a speed study could be obtained to see if the intersection was unsafe and whether it was appropriate to control the area. Chief Berthe stated the police department would conduct a speed study. Councilmember Wachter questioned if the increase of traffic and speed was due to the Rahn Road closing. The public stated they felt the children crossing to the park was the main reason for their concern. Wachter moved, Egan seconded, the motion to continue the matter of installation of stop signs on Beaver Dam Road at Bear Path Trail to obtain a speed study regarding the number of daily trips and the speed levels in the area. All voted in favor. Page 5/CITY COUNCIL MEETING MINUTES September 19, 1988 Councilmember Gustafson questioned at what level the Council would approve the installation of the signs. He asked what was the criteria. Mr. Wachter stated the Council would obtain a recommendation from the police department. Councilmember McCrea stated she recalled that there were no bike trails or sidewalks on the east side of the road. Mr. Hedges statea she was correct. McCrea stated she felt a stop sign was a small price to pay for children's safety. WATER QUALITY MANAGEMENT COMMITTEE MEMBERSHIP Public Works Director Tom Colbert stated that on September 6, 1988, the City Council accepted the resignation of Doug Wilcox as a committee member representative to the Water Quality Management Committee and appointed a designated alternate, Richard Starr, to replace Mr. Wilcox as the full committee member citizen representative. He stated the Council then appointed Mr. Karl Heine as the alternate citizen representative to the committee. He informed the Council that Mr. Starr will be unable to attend future committee meetings due to a time conflict. The committee reviewed the situation and determined that there were no other times better suited for the majority of the members. Therefore, due to Mr. Starr's inability to attend future committee meetings, it was his recommendation that Mr. Starr's position as full citizen representative be replaced by a new member. He suggested this could be accomplished by either an elevation of Mr. Heine, who was recently appointed as the alternate, and then filling his position with one of the two remaining applicants. McCrea moved, Gustafson seconded, the motion to elevate Karl Heine to the position of full citizen representative to the Water Quality Management Committee. All voted in favor. The Council then voted for the alternate citizen representative to the committee. City Administrator Tom Hedges informed the Council that Barb Agne had received the majority of the votes and would be a designated alternate on the Water Quality Management Committee. DESIGNATION OF REDUCED SCHOOL ZONE SPEED LIMIT - WESCOTT ROAD AT WOODLANDS ELEMENTARY Public Works Director Tom Colbert informed the Council that a petition had been received requesting consideration of reducing the speed limit on Wescott Road in front of the Woodlands Elementary School. He stated that current state statute provides the authority to the local jurisdiction to reduce speed limits on roadways directly adjacent to school property "when children are present". He further stated that the Public Works and Parks Departments were jointly performing a study pertaining to the winter maintenance of sidewalks and trailways adjacent to schools, as well as the entire community and would be presenting a report to the Council for consideration in Page 6/CITY COUNCIL MEETING MINUTES September 19, 1988 the near future. He recommended to the Council that only the reduced school zone speed limit issue be addressed at that time with additional sidewalk/trailway construction and/or maintenance policies to be addressed subject to completion of the staff's report. Councilmember Wachter questioned if it should continue to Lexington. Mr. Colbert stated it was a half mile from Lexington. Councilmember Egan questioned the purpose of the road cut across from the school. Mr. Colbert stated it was for future development. Wachter moved, Gustafson seconded, the motion to approve a reduced school zone speed limit on Wescott Road adjacent to Woodlands Elementary. All voted in favor. Public Works Director Colbert stated the City could request MnDOT to do a speed study to extend to Lexington. CONSENT AGENDA A. Personnel Items - Seasonal Park Maintenance Worker. Two of the five seasonal park maintenance workers who were approved for hire by the Council at the September 6, 1988, City Council meeting notified the City that they had decided not to accept the City's offer of a seasonal maintenance position. The Superintendent of Parks needed workers to begin before the September 19, 1988, Council meeting and had interviewed acceptable candidates who were able to begin work immediately. Therefore, the City Administrator exercised the previous authorization given to him by the City Council wherein he could approve the hiring of seasonal or temporary workers only in cases where the seasonal workers were needed to begin working before the next Council meeting. The persons so approved as seasonal park maintenance workers for the fall season were Jamie Noyes and Steve Baeher. No action was required on this item. B. Plumbers' Licenses. It was recommended to approve the following plumbers' licenses: AAA - Ace Plumbing; Bowler Company; John Murdock and Son; and Don Weld Plumbing. C. License, Liquor, New Manager/Lafonda De Acebo. It was recommended to approve a liquor license application for a new manager at Lafonda De Acebo Restaurant in the name of Joseph Harker. Page 7/CITY COUNCIL MEETING MINUTES September 19, 1988 D. Vacate Sanitary Sewer Easement. Receive Petition/Order Public Hearing (Stoney Pointe).. It was recommended to receive the petition to vacate a portion of an existing sanitary sewer easement within the Stoney Pointe Addition and schedule a formal public hearing to be held on October 18, 1988. E. Receive Bids. Award Contract (Well No. 12). It was recommended to receive the bid for Contract 88-31 (Well No. 12), award the contract to Keys Well Drilling, Inc., in the amount of $121,425.00 and authorize the Mayor and City Clerk to execute all related documents. F. Contract 88-30, Receive Bids, Award Contract (South Oaks - Streets and Utilities). It was recommended to receive the bids for Contract 88-30 (South Oaks - Streets and Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. G. Contract 88-34. Approve Plans/Authorize Advertisement for Bias (Alden Pond, Fox Ridge - Streets and Utilities). It was recommended to approve the plans for Contract 88-34 (Alden Pond, Fox Ridge - Streets and Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, October 14, 1988. H. Final Acceptance. Miscellaneous Projects. It was recommended to approve the final acceptance of miscellaneous privately installed improvements for perpetual maintenance: 83-E, O, Q; 84-I, K, L, U, W, ; 85-A, M; 86-G, I, 0, P, V, FF; and 87-T,JJ. I. Contract 88-37. Approve Plan/Authorize Advertisement for Bids (Cutter's Ridge and General Electric - Utilities). It was recommended to approve the plans for Contract 88-37 (Cutter's Ridge and General Electric Supply Company - Utilities) and authorize the advertisement for bid openings to be held at 11:00 a.m. on Friday, October 14, 1988. J. Final Plat. Stratford Oaks Addition. Public Works Director Tom Colbert updated the Council with further information on the problems with the improvement. He stated Page 8/CITY COUNCIL MEETING MINUTES September 19, 1988 it was too late to acquire a right-of-way before the final plat approval. He further stated the utility easement would need to be revised. It was recommended to approve the final plat for the Stratford Oaks Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.69 K. Final Plat Approval. Berry Ridge Addition. It was recommended to approve the final plat for the Berry Ridge Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.70 L. Vacation. Drainage/Utility Easement - Lot 8, Hilltop of Eagan. It was recommended to approve the vacation of drainage and utility easements over Lot 8, Hilltop of Eagan and authorize the Mayor and City Clerk to execute all related documents. M. Contract 87-40. Final Payment/Acceptance _(Gopher Eagan Industrial Park 2nd Addition - Streets and Utilities). It was recommended to approve the fifth and final payment for Contract 87-40 (Gopher Eagan Industrial Park 2nd Addition - Streets and Utilities) to Austin P. Keller Construction Company, Inc., in the amount of $7,317.39 and accept the project for perpetual City maintenance. N. Contract 87-19, Final Payment/Acceptance (Windtree 8th Addition - Streets and Utilities). It was recommended to approve the fifth and final payment for Contract 87-19 (Windtree 8th Addition - Streets and Utilities) to Austin P. Keller Construction Company, Inc., in the amount of $13,905.88 and accept the project for perpetual City maintenance. 0. Contract 85-18. Approve Change Order No. 1 (UPS - Streets and Utilities). It was recommended to approve Change Order No. 1 to Contract 85-18 (UPS 1st Addition - Streets and Utilities) and authorize the execution by the Mayor and City Clerk. P. Cancel Project and Pending Assessments (Brittany 10th Addition - Trunk Watermain). Councilmember Gustafson questioned if the entire project were to be cancelled. Public Works Director Tom Colbert stated yes. Page 9/CITY COUNCIL MEETING MINUTES September 19, 1988 It was recommended to approve the cancellation of Project 513 (Brittany 10th Addition - Trunk Watermain) and remove all pending assessments of record. Q. Project 449. Cancel Project/Pending Assessments (Country Club Market - Driveway Extension). It was recommended to approve the cancellation of Project 449 (Country Club Market - Driveway Extension) and remove the related pending assessments. Egan moved, Wachter seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. FIRE DEPARTMENT UPDATE Chief Southorn commended Police Chief Berthe for his service to the Fire Department. Chief Southorn informed the Council that the Burnsville American Legion Post had donated $500 to both the police and fire departments and that an official presentation would be held at the American Legion Post on September 20, 1988. VACATION/PARTIAL RIGHT-OF-WAY/MENDOTA WAGON ROAD Mayor Ellison opened the first public hearing of the evening regarding the vacation of partial right-of-way for Mendota Wagon Road. Public Works Director Tom Colbert stated that on August 16, 1988, the City Council received a petition from the Riverview Development Company requesting the vacation of a partial right-of-way known as Mendota Wagon Road located in the northeast corner of the intersection of Lone Oak Road and railroad overpass. He further stated the City had received a letter from a representative of the Northern States Power Company expressing concerns about the impact of this vacation on their existing overhead power distribution lines located within this right-of-way. He further stated the condition could be placed on the execution of the resolution vacating this public right-of-way that either a public utility easement be retained for the existing overhead power line or that a formal document be drafted conveying those easement rights for that existing facility. Lloyd Stern, Attorney for Riverview Development, informed the Council that they will work with NSP to keep the easement. Wachter moved, Egan seconded, the motion to close the public hearing and approve the vacation of a partial right-of-way for Mendota Wagon Road and authorize the Mayor and City Clerk to execute Page 10/CITY COUNCIL MEETING MINUTES September 19, 1988 all related documents, subject to NSP's easement rights being protected. All voted in favor. VACATION/PARTIAL RIGHT-OF-WAY/PORTION OF CEDARVALE DRIVE McCrea moved, Wachter seconded, the motion to close the public hearing and take no action regarding the vacation of public right-of-way for a portion of Cedarvale Drive. All voted in favor. PRETTYMAN HEIGHTS/STREETS Egan moved, McCrea seconded, the motion to continue the public hearing for Project 543 (Prettyman Heights - Streets) to October 6, 1988. All voted in favor. FINAL ASSESSMENT HEARING/PROJECTS 496, 517, 500, 461, 516, 485, 494, 491, 498, 499, 473, AND 506 Mayor Ellison opened the public hearings regarding the final assessments. Public Works Director Tom Colbert informed the Council that 12 projects had their final assessment rolls prepared with the public hearing scheduled for September 19, 1988. He stated that 1,255 parcels were assessed a total of $7,551,586.41, with City trunk funds financing $485,326.94. He further stated that all assessments were levied in accordance with City policies and/or the methods defined in the feasibility report presented at the Projects' respective public hearings. All notices for the final assessment hearings were sent to all affected property owners informing them of their proposed final assessment obligations. All notices were published in the legal newspaper as required by state statute. PROJECT 496, BRITTANY 10TH, TRUNK STORM SEWER Gustafson moved, McCrea seconded, the motion to close the public hearing and approve the final assessment roll for Project 496, Brittany 10th Addition - Trunk Storm Sewer and authorized the certification to the County for collection. All voted in favor. PROJECT 517, SAINT FRANCIS WOODS 6TH ADDITION, STREETS AND UTILITIES Mr. Gieffer, developer of Saint Francis Woods, informed the Council he had concerns because the project was not yet completed. He stated that if the project was not cleaned up, he wanted deductions to allow him to do the job. He stated the ground would also need repair. Public Works Director Tom Colbert stated the City has a contract with a performance bond to guarantee performance of the work. Page 11/CITY COUNCIL MEETING MINUTES September 19, 1988 Councilmember Wachter stated he felt Mr. Gieffer had a legitimate concern and that caution should be taken in the matter. Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 517, Saint Francis Woods 6th Addition, Streets and Utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 500, EAGAN ROYALS/BRIAR OAKS, TRUNK UTILITIES McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 500, Eagan Royale/Briar Oaks, Trunk Utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 461, YANKEE DOODLE ROAD, I-35E TO LEXINGTON AVENUE, STREETS Public Works Director Tom Colbert introduced the project to the Council and informed them the matter had been continued from the September 6, 1988, Council meeting. He further stated the developer's concerns had been resolved and that the City had received a written objection from O'Neil. Martin Colon (Federal Land Company) presented a written protest to the Council and stated he felt there were substantial differences. Nels Nelson, Barr Engineering, presented the Council with a prepared report. He stated he felt some frontage had been assessed twice and he questioned the assessment methods. He felt the assessments should be lower. Mayor Ellison asked if the standard assessment policy had been used. Mr. Colbert stated the standard assessment policy had been used. Councilmember Egan stated the City has policies which are to be used for County funding and questioned if these policies had been used. Mr. Colbert stated the policies had been used. McCrea moved, Gustafson seconded, the motion to continue Project 461, Yankee Doodle Road, I-35E to Lexington Avenue - Streets, for two weeks. Public Works Director Tom Colbert stated he felt two weeks was not enough time and recommended 30 or 60 days. He further stated that in either case, the City would not make the certification deadline. Councilmember McCrea withdrew her motion. McCrea moved, Gustafson seconded, the motion to close the public hearing and continue the final assessment roll for Project 461, Yankee Doodle Road, I-35E to Lexington Avenue - Streets, for 60 days N C", 0714 Page 12/CITY COUNCIL MEETING MINUTES September 19, 1988 to provide further analysis and notification to the O'Neil property. All voted in favor. Councilmember McCrea voiced her concern regarding consistent implementation of the policy. She stated the City must be consistent. PROJECT 516, GOPHER EAGAN 2ND ADDITION, STREETS AND UTILITIES McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 516, Gopher Eagan 2nd Addition - Streets and Utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 485, NORTHVIEW PARK ROAD, STREETS AND UTILITIES Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 485, Northview Park Road, Streets and Utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 494, EAST WESCOTT ROADS, STREETS AND UTILITIES PROJECT 491, EAGAN HILLS FARM, STREETS AND UTILITIES Public Works Director Tom Colbert introduced both projects to the Council. He stated they would be reviewed for technical errors. He further stated the City had received three objections to Project 494. Mayor Ellison stated the Council would be dealing with both matters at one time. Mr. Keiffer questioned the benefits. Mr. Colbert stated that storm sewers do not have to directly abut property. Mr. Keiffer stated his property does not drain into the storm sewer. Mr. Colbert stated that the land could be raised or the owner could extend laterals to allow drainage into the storm sewers. Homer Fox, Lot 1, Block 10, questioned if it was a partial assessment and asked if there would be another. Mr. Colbert stated he would not be assessed for future trunk area sewer. However, other lateral improvements may cause assessments to his property. Councilmember Egan questioned if the Fox property was in a subdivision. Mr. Colbert stated his property was in the Hills of Stonebridge. Public Works Director Tom Colbert identified the objections for Project 491. Egan moved, McCrea seconded, the motion to close the public hearing and approve the final assessment roll for Project 491, Eagan Hills Farms, Street and Utilities, except for Parcel 10-02400-010-78 (Hanson) in Section 24 - which exception will be forwarded to the Page 13/CITY COUNCIL MEETING MINUTES September 19, 1988 Special Assessment Committee, and authorize the certification to the County for collection. All voted in favor. Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 494, East Wescott Road, Streets and Utilities, except for Parcel Numbers 010-82, 020-82 and 020-78 in Section 14 - which exceptions will be forwarded to the Special Assessment Committee, and authorize the certification to the County for collection. All voted in favor. PROJECT 498, STAFFORD PLACE, STREETS AND UTILITIES Public Works Director Tom Colbert introduced the project to the Council and recommended the roll be modified as an error had been discovered. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll subject to modification, for Project 498, Stafford Place, Streets and Utilities, and authorize the certification to the County for collection. All voted in favor. PROJECT 499, CHAPEL HILL BAPTIST CHURCH, STREET Public Works Director Tom Colbert introduced the project to the Council. Mrs. Schindeldecker stated she had an agreement with the City that utilities would be brought to the property. She objected to the payment for the improvements. Mr. Colbert stated the developer would complete the project in two to three years and that the street improvements did not relate to the utilities. Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 499, Chapel Hill Baptist Church, Streets, and authorize the certification to the County for collection. All voted in favor. PROJECT 473, PILOT KNOB ROAD, TRUNK STORK SEWER Public Works Director Tom Colbert introduced the project to the Council and listed the objections. Councilmember McCrea questioned why the Tom Berger letter was dated in 1986. Mr. Colbert stated the public hearing was held in 1986. Bernard Fritz, 1280 Deerwood, asked for an explanation of the procedure for assessments. Mr. Colbert explained the procedure. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 473, Pilot Knob Road, Trunk Storm Sewer, except Parcel Nos. 10-02200-012-86 Page 14/CITY COUNCIL MEETING MINUTES September 19, 1988 (Rooney), 10-02200-010-80 and 10-02200-010-84 (Caponi), 10-02200-016-54 (Kohler), 10-02200-011-85 (Bergin), and 10-02200-014-54 (Fritz) in Section 24 - which exceptions will be forwarded to the Special Assessment Committee, and authorize the certification to the County for collection. All voted in favor. PROJECT 506, PARKCLIFF 2ND ADDITION, STORK SEWER Public Works Director Tom Colbert introduced the project to the Council and listed the objections. Vicky Benson stated she opposed Mr. Winkler's objection to pay his share and that the residents did not want to pay any portion of the assessment. Mr. Colbert briefly described the history of the problem. He stated there was a problem with the original storm sewer improvements. Councilmember Wachter questioned which lots were still undeveloped. John Koetz reminded the Council that Mr. Colbert had declared that the old system was inadequate. He stated he felt the developer was the cause and that the developer must be responsible for the assessments. He questioned to what extent the City Attorney would pursue the developer. Mr. Colbert stated several meetings were held with the developer. He was unaware of a legal avenue other than litigation and further stated that litigation costs may exceed the assessment amount. Mayor Ellison asked the Assistant City Attorney if the City could assess Winkler's 1/3 cost to the seven lots in the subdivision still owned by Winkler. Assistant City Attorney Mike Dougherty stated the City must assess based on the benefit to the lots. He stated the City could not assess the full 1/3 against the seven lots and that 1/3 must be recovered on a contractual basis. Penny Taylor, 4691 Park Ridge, stated that Mr. Winkler had been very uncooperative. She further stated that Mr. Winkler was building other units in Eagan. Rich Thorlow stated it was not an improvement but simply a repair of a deficiency. He complained about standing water in a pond on the lot and that Mr. Winkler had been uncooperative. He further stated that the City had given a stamp of approval to the old system. Robert Byersdorf, 4656 Park Ridge, stated there was an agreement between Winkler and the City. He further stated that he felt the owners were not responsible and submitted his objection. Page 15/CITY COUNCIL MEETING MINUTES September 19, 1988 Councilmember Egan questioned if the City could hold up other Winkler developments. Assistant City Attorney Mike Dougherty informed the Council it would be easier to leverage future proposals than ones already existing. Councilmember Egan stated he felt there were two issues to be considered: (1) the liability for improper improvements and (2) special assessments. He felt the City could not assess 1/3 to the seven lots. However, he felt the liability on the project itself wasn't relieved. He stated the City did approve the concept when it first came in and so was somewhat responsible. He stated the reason for the neighborhood 1/3 was because the neighbors would benefit. He further stated he was surprised there had been no agreement from Winkler yet. Councilmember McCrea questioned if the meetings with Winkler were documented. She suggested postponing the matter for 30 days and asked for a rejection in writing by Winkler. Mr. Colbert stated he had done that and that it was in the Council's handouts. Councilmember McCrea felt there should be legal research conducted to discover a way to make Winkler pay his fair share. She asked if the utilities were privately installed. Mr. Colbert stated they were privately installed utilities. Mayor Ellison stated that one year ago the City had agreed that they would assume 1/3 because of their involvement and 1/3 to all parties was fair. He stated that if the City levies 2/3 on the neighborhood, Winkler would never pay. He further stated that if the City assesses 1/3 to the neighbors and the City, and the City temporarily eats the developer's 1/3, the City may get the 1/3 back. He discussed different ways the City would have leverage over the developer. He felt a motion should be made at the meeting. Councilmember Egan agreed with the Mayor. Councilmember Wachter stated he felt the time to hit the developers was when the building permit was needed. He stated there must be some recourse. Mayor Ellison stated that the problem may be in allowing private developers to install the improvements. Egan moved, Ellison seconded, the motion to close the public hearing and approve the final assessment roll for Project 506, Parkcliff 2nd Addition, Storm Sewer, subject to the cost of the project being assessed 1/3 to the neighboring parcels, 1/3 to the City, and 1/3 to the City with the understanding that all options be examined to leverage payment from the developer. All voted in favor. DELINQUENT WEED CUTTING BILLS City Administrator Tom Hedges stated that on August 16, 1988, the City Council scheduled a public hearing for September 19, 1988, mod' Page 16 CITY COUNCIL MEETING MINUTES ;;ALa T September 19, 1988 to receive input from affected property owners regarding the assessment of delinquent weed cutting bills. Councilmember McCrea questioned if the property owners had been notified. Mr. Hedges stated they were notified. Councilmember Wachter asked why the City had this problem. Mr. Hedges stated it was undeveloped land. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize the certification to the County for collection. All voted in favor. Councilmember Gustafson stated he felt commercial properties should be billed higher than the going rate. He felt the interest rate should be at 18% rather than 9%. DELINQUENT UTILITY BILLS City Administrator Tom Hedges informed the Council that on August 16, 1988, a public hearing was scheduled for September 19, 1988, to receive input from affected property owners regarding the assessment of delinquent sewer and water bills. Councilmember Gustafson asked if there was the potential of financial hardship. Mr. Hedges stated that he doubted that any of the parcels which would be assessed would be included in a financial hardship. Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize the certification to the County for collection. All voted in favor. PROPOSED 1989 GENERAL FUND OPERATING BUDGET City Administrator Tom Hedges stated the City Council had held three budget sessions to date to review his proposed 1989 general fund budget. He stated the budget process began in late May when department heads were asked to compile their individual departmental budgets for calendar 1989. The total departmental requests for 1989 exceeded $13 million. Mr. Hedges stated he reviewed the departmental requests and recommended an operating budget in excess of $11 million that included increased personnel, a capital equipment revolving fund, a contingency and new revenue sources. At the budget workshop meetings, the City Council had reduced the proposed expenditures by eliminating approximate 6 positions, reducing the amount of contingency and separating the solid waste abatement grant from the operating budget. Revenues were adjusted to reflect a more conservative projection for 1989. Mr. Hedges further stated the general fund budget under consideration by the City Council was for Page 17/CITY COUNCIL MEETING MINUTES ' September 19, 1988 $10,495,780.00. He felt the budget as proposed reflected a constant level of service for most of the departments. The excess growth in terms of street miles, population and other factors that require additional personnel and equipment to maintain a constant delivery of services were considered in the proposed operating budget. He stated the City Council would reserve the right to further examine the budget and shift expenditure appropriations or revenue estimates as they saw fit prior to its final adoption later in the fall. The purpose of the public hearing was to allow any input from the public regarding the delivery of services within the community. The mill rate which was under consideration by the City Council and will be formally adopted at the October 4, 1988, City Council meeting is 19.258 mills. The mill rate represents a reduction of approximately .2 mills from the 1988 mill rate. Mr. Hedges stated the City must keep up with the growth and the assessed valuation. He further stated thoughts should be given to other revenue sources. He informed the Council the final budget would come in late November or early December, 1988. Mr. Hedges informed the public that there was a handout available to them for their information. No action was required on this matter. COMPREHENSIVE GUIDE PLAN AMENDMENT/SOLDERHOLM ADDITION/EAGLE ENTERPRISES/PLANNED DEVELOPMENT AMENDMENT (RE-ZONING) City Administrator Tom Hedges informed the Council that the Advisory Planning Commission first held a public hearing at their May 26, 1988, meeting and recommended approval of the Comprehensive Guide Plan Amendment, re-zoning and preliminary plat for the Solderholm Addition as originally proposed. The item was considered by the City Council at their June 21, 1988, meeting and due to concern over access at the county road intersection of Lexington and Diffley, the inconsistency with the Comprehensive Guide Plan and a desire to review the retail study results, the item was continued until the July 19, 1988, City Council meeting. At the consent of the developer, the item was continued to further dates to allow the Dakota County Plat Commission an opportunity to review the access locations being proposed for the Solderholm development. The Dakota County Plat Commission held a meeting on September 12, 1988. Assistant City Planner Jim Sturm updated the Council on the development and stated he had attended the Dakota County Plat Commission meeting on September 12, 1988, in an effort to resolve the access locations which were proposed for this development. After several hours of discussions, the revised plan was approved by the Commission with emphasis that it requires a variance from the County spacing guidelines. Mr. Sturm stated that SEE supported the revised plan and while its plan shows center medians, the County had not made their determination of whether or not they feel they are necessary. Page 18/CITY COUNCIL MEETING MINUTES September 19, 1988 Del Elias, developer, stated they could live with the current design which eliminates three access points and is replaced with one. He further stated shared parking would be used and they may be able to improve an interior circulation plan. Councilmember Egan asked if the developer agreed with the County right-in, right-out. The developer stated he felt it was reasonable. Mayor Ellison questioned if the internal road would remain private. The developer stated it would remain private. Mayor Ellison questioned if it would meet standard conditions. Public Works Director Tom Colbert stated the minimum width for City streets is 30 feet. The developer stated he had no problem with the 30-foot minimum. Mayor Ellison questioned if the road would encroach on City property. Mr. Colbert stated it would encroach but that reservoir needs had been modified and suggested keeping the options open. He felt the review should be subject to relocating the reservoir. Mayor Ellison questioned if the remaining reservoir would be centralized. Mr. Colbert stated it would be centralized. Councilmember Wachter questioned if the City needed the commercial land. Councilmember McCrea was concerned with the roads and questioned the distance to the nearest roadway access. Mr. Colbert stated it was 410 feet and that it would not meet the requirement which is 610 feet. McCrea questioned if there would be a median some day. Mr. Colbert stated probably but it was hard to say for sure. McCrea requested an explanation of the church layout. Mr. Colbert explained future development in the area. McCrea questioned if there would be future traffic problems. Mr. Colbert stated he felt there would be no future traffic problems. McCrea questioned if the project went ahead and a private road was 410 back and the median would go in, would there be a curb cut. Mr. Colbert stated they had not reached that level of detail at that point. McCrea questioned what the North Church would do. Mr. Sturm stated they were unsure at that time. Mayor Ellison asked if a right-in, right-out on Lexington would be acceptable. The developer stated he felt it would be more appropriate than on Diffley. Councilmember Wachter stated he felt the matter was premature and that there were too many unanswered variables. He further stated the need had not been proven. Mayor Ellison felt the four-acre tract was small for an R-4 zoning. He felt LB would be better, however, the City needed to protect its interest on the north side if the HUD property was not available. Councilmember Gustafson felt that LB zoning was better than R-4 and stated that whether the matter was premature was not a City Page 19/CITY COUNCIL MEETING MINUTES L..a, *LS, September 19, 1988~" decision. He stated developers have the right to lose or make money. He felt the area of access was up in the air, however, that access was not a problem. He stated he felt they needed to cover the City's interest on the north property. Councilmember Egan stated that the Comprehensive Guide Plan showed the area as residential. He stated the parcel as proposed fractionalizes the site and that it was not compatible with the overall development. Councilmember McCrea stated her main concern was the traffic and that she was not comfortable with the information received from the staff. She wanted to know the traffic situation at the current time, when the area would be signalized and the rating. Mayor Ellison stated he felt he saw a denial. He stated the developer needed guidance from the Council. He further stated the City access to the reservoir was a concern of his. Councilmember Egan stated the proposal did not show room for expansion in the retail study. He felt it should be lowered to mixed residential and it would eliminate the access problems. He did not see any justification for a variance. The developer stated he did not think residential was a good use for the property and that mixed use would eliminate the traffic problems. He discussed other Council concerns. He stated he left the Council last time with an agreement on the land use and wanted a decision. Councilmember Gustafson stated he felt the Council was wrong in judging the matter premature. He stated they must protect the water tower site but should not judge the economic viability. Egan moved, Wachter seconded, the motion to deny (1) a Comprehensive Guide Plan Amendment, (2) Planned Development Amendment of R-4 to LB and (3) a preliminary plat containing three lots entitled Solderholm Addition, because of the following reasons: 1. The development was inconsistent with the current Comprehensive Guide Plan and there was no reason to deviate from the Plan; 2. The development would create an access problem on Diffley and Lexington; 3. Commercial development was not warranted in the area; 4. The development would intrude on the City water storage land. All voted in favor. Page 20/CITY COUNCIL MEETING MINUTES'"' 3 } September 19, 1988 Mayor Ellison stated he disagreed with items number 1, 2and 3 of the motion but agreed with item number 4, and therefore, voted in favor. Councilmember Gustafson agreed with the Mayor. RE-ZONING/SUNCREST ADDITION City Administrator Tom Hedges informed the Council a public hearing was held by the Advisory Planning Commission at a regular meeting held on July 26, 1988, to consider a re-zoning and preliminary plat entitled Suncrest Addition as requested by William Huttner. The APC recommended approval of the proposal. Mr. Hedges stated that at the August 16, 1988, City Council meeting, the applications were considered and referred back to City staff and the developer to consider alternatives for the elimination of the stovepipe lots. The developer and staff examined alternatives. The Advisory Parks and Recreation Commission recommended a cash dedication. Assistant City Planner Jim Sturm stated he had met with the Tri-Land staff and asked them to prepare two alternative plans: (1) with a shorter cul-de-sac that still required 9 stovepipe lots, but had shorter driveways, and (2) one that extended the cul-de-sac to the east with all lots meeting R-1 Code requirements. Tri-Land was asked to show existing tree locations in the driveway area, as well as the massing that exists in the area. Mr. Sturm stated that if the original plan or alternative number 1 was approved, more trees may be saved if careful driveway and individual house pad grading occurred. Alternative number 2 (meeting all Code requirements) adds three lots and destroys the majority of the tree stand. He stated the Public Works Department was concerned with having four driveways at the end of a cul-de-sac and questioned where snow storage would occur. He stated that if either of the stovepipe proposals were approved, shared driveways or minimum separating between them should be added as conditions to the plat. He requested direction from the Council as to which plan to pursue. Dave Doyle, Tri-Land, recapped Sturm's presentation. Councilmember Egan questioned how many trees would be lost. Mr. Sturm said it would be hard to determine at the present time. Councilmember McCrea questioned if the original design would be more sound. Public Works Director Colbert stated it would be for snow storage purposes. McCrea stated it was a unique situation and stated it would be nice to have the house set back in the woods. She asked which plan the developer preferred. The developer stated he wanted to save the big trees. He would prefer the cul-de-sac plan over the original plan. McCrea stated Engstrom also preferred that plan. Page 21/CITY COUNCIL MEETING MINUTES September 19, 1988 Councilmember Wachter questioned what happened to the northeast and southeast lots. The developer stated that the triangular piece would be an outlot. City Administrator Tom Hedges questioned if the property line should be extended. Mayor Ellison questioned a tax forfeiture. The developer stated it would be developed in the future expansion. Mayor Ellison questioned if it could be limited to two accesses. The developer stated it could be limited. Councilmember Gustafson questioned the need for the cul-de-sac with the four stovepipe lots. He suggested putting in one 20-foot wide driveway which would fan around the trees. Councilmember Egan stated there could be a private maintenance problem. McCrea moved, Gustafson seconded, the motion to approve the re-zoning of 10.53 A (agricultural) acres to an R-1 (single family) district (Suncrest Addition/William Buttner). All voted in favor. McCrea moved, Egan seconded, the motion to approve alternate plan number 1 (14 lots) for a preliminary plat entitled Suncrest 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: B-1, B-2, B-3, B-4, C-1, C-2, C-3, C-5, D-1, E-1, F-1, and G-1. 2. The developer shall note the proximity of the Williams Brothers pipeline easement in the purchase agreement for each lot abutting it. 3. A variance for stovepipe lot widths shall be approved (lots 3, 4, 5, and 6, Block 2) for two lots to be determined by staff. 4. Outlot A shall be included with The Woodlands 2nd Addition or the lot line between lots 4 and 5 shall be extended to the eastern property line. 5. Lot 5, Block 1, and Lots 9, 10, and 11, Block 2 shall be final platted as an outlot. 6. The developer is required to submit detail plans of the proposed retaining wall construction for staff review and approval prior to issuance of a grading permit and/or final plat approval. 7. The developer is required to provide an 8 cfs storm sewer outlet to the northerly adjacent property. 8. The developer is required to extend sanitary sewer service and water main service to the northerly adjacent property. Page 22/CITY COUNCIL MEETING MINUTES September 19, 19887 )9 9. The developer is required to prepare and file for record, with the County Recorder, driveway easements and maintenance agreements covering Lots 3, 4, 5, and 6. Block 2, which agreements shall be approved by the City Attorney. All voted in favor. APPOINTMENT/ECONOMIC DEVELOPMENT COMMISSION AND ADVISORY PARKS AND RECREATION COMMISSION City Administrator Tom Hedges stated the resignations of Tom Ellingson, a member of the Economic Development Commission and David Hennes, an alternate member of the Advisory Parks and Recreation Commission, were recently accepted by the City Council. The City Council authorized him to advertise in the newspaper for the purpose of entertaining applications to fill these vacancies. The City received two applications for the Economic Development Commission; Patrick Grinder 3529 Widgeon Way South; and Paul Krauss, 4652 Parkridge Court. Mr. Hedges stated that the City had received one application for the Advisory Parks and Recreation Commission from Theodore Billy who resides at 4338 Sequoia Drive. The balloting was conducted and the votes counted. Mr. Hedges stated that Paul Krauss had received the majority of the votes for the Economic Development Commission position. McCrea moved, Gustaf son seconded, the motion to appoint Theodore Billy to fill the unexpired term of David Hennes as a member of the Advisory Parks and Recreation Commission whose term expires in January, 1989, as the alternate to the Advisory Parks and Recreation Commission. All voted in favor. VARIANCE/OAK CLIFF POND ADDITION City Administrator Tom Hedges informed the Council an application was submitted by Bruttger Companies requesting a five-foot variance to the required 30-foot rear yard setback for Lots 1 through 6, Block 3, Oak Cliff Pond Addition. Rogo Olson (Bruttger Companies), developer, explained the types of units in the project to the Council. He did not know how the setback was missed and requested a five-foot variance. He stated one of the homes would fit one of the lots and requested a variance on Lots 1 through 6 in Block 3. Mayor Ellison questioned if the lots were standard townhouse lots. Mr. Sturm stated yes. Councilmember McCrea questioned the density. Mr. Sturm explained the density to the Council. McCrea Page 23/CITY COUNCIL MEETING MINUTES September 19, 1988 stated she had no problem with the variance but questioned what the hardship was. Councilmember Egan stated he felt the plan could use a variance but questioned the 30-foot setback. Mr. Sturm stated that they requested the 30-foot requirement to prevent the shifting of units. Councilmember Gustafson stated the developer could develop within the setback, but the buildings would not have the same value. He felt this was a hardship. He favored the variance but wanted a quality unit. Egan moved, McCrea seconded, the motion to approve an application by Bruttger Companies requesting a five-foot variance to the required 30-foot rear yard setback for Lots 1 through 6, Block 3, Oak Cliff Pond Addition, subject to the following conditions: 1. Additional landscaping shall be provided for the rear yard to provide screening from the R-2 district to the south. A landscaping plan shall be submitted to the planning staff for review and approval. 2. No other variances for these lots shall be applied for. All voted in favor. WAIVER OF PLAT/MARK CALVIN The Council was informed an application was presented by Mark Calvin requesting a Waiver of Plat for the purpose of allowing individual ownership for an existing duplex described as Lot 7, Block 1, Oakwood Heights 2nd Addition. McCrea moved, Egan seconded, the motion to approve the Waiver of Plat for Mark Calvin, Lot 7, Block 1, Oakwood Heights 2nd Addition, for the purpose of allowing individual ownership. All voted in favor. R-88.71 WAIVER OF PLAT/ZACHMAN BROTHER CONSTRUCTION/LOT It BLOCK If CINNAMON RIDGE 6TH ADDITION The Council was informed an application was received from Zachman Brothers Construction Company, Inc., requesting a Waiver of Plat for Lot 1, Block 1, Cinnamon Ridge 6th Addition to allow individual ownership of the duplex unit. Gustafson moved, McCrea seconded, the motion to approve a Waiver of Plat for Lot 1, Block 1, Cinnamon Ridge 6th Addition, (Zachman Brothers Construction Company, Inc.), for the purpose of allowing individual ownership. All voted in favor. R-88.72 CONDITIONAL USE PERMIT/MARK M. WEIDENHAFT City Administrator Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their last regular meeting Page 24/CITY COUNCIL MEETING MINUTES September 19, 1988 held on August 30, 1988, to consider an application from Mark M. Weidenhaft for a conditional use permit to operate a beauty salon in an R-1 district at 4345 Rahn Road. The APC recommended approval to the City Council. Assistant City Planner Jim Sturm stated the home is located along the west side of Rahn Road just north of Shale Lane. He stated Code permits beauty salons in this zoning district through the conditional use permit process subject to conditions. Councilmember Wachter questioned how many neighbors had been contacted regarding the conditional use permit. The developer stated he had contacted most of the neighbors. Councilmember Gustaf son had questions concerning proposed condition number 2. Mr. Sturm stated the condition was right from Code. Gustafson moved, McCrea seconded, the motion to approve the conditional use permit as applied for by Mark Weidenhaft for a beauty salon in an R-1 district at 4345 Rahn Road, subject to the following conditions: 1. Hours of operation shall be from 8:00 a. m. to 8:30 p.m. only. 2. The only employee shall be an occupant of the household. 3. The parking shall be on-site and shall be limited to two customer automobiles. 4. There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. 5. There shall be no over-the-counter sales of merchandise. All voted in favor. CONDITIONAL USE PERMIT/HILLTOP PLAZA Assistant City Planner Jim Sturm stated a public hearing was held by the Advisory Planning Commission at their August 30, 1988, regular meeting to consider a conditional use permit to allow motor fuel sales in a neighborhood business district, a pylon sign and a 6-foot pump island canopy variance for a free-standing PDQ facility, as requested by the T.F. James Company, in the Hilltop Plaza Addition. The APC recommended approval of the conditional use permit. There was no action required by the APC on variances; however, the APC shared a strong sentiment to not allow any gas pump island expansion in the future. Mr.Sturm further explained the site plan to the City Council. Page 25/CITY COUNCIL MEETING MINUTES September 19, 1988 Richard Quanbeck of T. F. James Company (developer) stated that fuel sales was a plan from the beginning of the project. He feels the plan is well thought out and will meet the existing needs of the neighborhood. He asked for four gas pumps. Councilmember Wachter questioned the distance from the landscaping to the gas islands. He asked if there was room for the cars. Mr. Sturm stated there was a distance of 24 feet. Mr. Wachter questioned if there was lighting. The developer stated the lighting was on the underside of the canopy. Councilmember Gustafson questioned expansion. Mr. Sturm stated the developer would come back before the Council. Councilmember Egan questioned if they were adding a second pylon sign. The developer stated he was correct, that the current sign advertises Hilltop, whereas the second sign would advertise PDQ. Mr. Egan questioned if there was 24-hour service. The developer stated that was correct. Mr. Egan asked for an explanation of the lighting proposal. The developer stated the lighting would be on the underside of the canopy and the buildings would have similar lighting. Mr. Egan asked if any specific lighting plan had been submitted. Mr. Sturm stated no. Mr. Egan stated it was a sensitive area and that the lighting should not be obtrusive. Mayor Ellison stated it could be carried as a condition. Mr. Sturm stated the correct wording would be "no direct off-site spillage". Councilmember McCrea questioned the exterior materials and berming. Mr. Sturm explained both to the Council. Mr. Wachter stated he did not understand the need for two signs. The developer stated the tenants rotate space on the present sign. He stated this was a separate lot. Mr. Egan stated he also did not see the necessity for two signs. Mayor Ellison stated he felt the design was far superior to the other plans which just added pumps. Mr. Wachter suggested a ground sign. City Administrator Tom Hedges stated he could not think of a neighborhood center which had two signs. He thought a ground sign might be a good compromise. Councilmember Gustafson stated that Blackhawk Plaza has the right to more than one sign, so this separate plat would also be eligible. McCrea stated Blackhawk Plaza was Roadside Business. Egan moved, Wachter seconded, the motion to deny a request for a pylon sign by T. F. James Company in the Hilltop Plaza Addition. All voted in favor. The Council felt the developer should decide on one location for one sign. McCrea moved, Gustafson seconded, the motion to approve a conditional use permit to allow an automotive service station with a Page 26/CITY COUNCIL MEETING MINUTES September 19, 1988 car wash on Lot 3, Block 1, Hilltop Plaza Addition, subject to the following conditions: 1. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 2. No exterior sales displays or loudspeaker advertising shall be permitted. 3. All trash shall be contained within the building. 4. The landscaping along the entire length of the Pilot Knob road property line shall be installed with this development. 5. The development is required to provide an additional catch basin for collection of site generated storm water runoff and convey it to the existing storm sewer system. 6. The development is required to construct a sanitary sewer manhole in place of the proposed clean out. 7. The proposed 16-foot wide one-way driving aisle is required to be 18 feet wide. 8. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of the conditional use permit. 9. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current city standards and approved by staff prior to conditional use permit approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is required to provide lighting which will protect the adjacent Residential lots. 12. Installation of a Code approved ground sign must meet staff approval with regard to its lighting. 13. The developer shall be required to receive City Council approval prior to adding or expanding the number of gasoline tanks or pumps. All voted in favor. Page 27/CITY COUNCIL MEETING MINUTES September 19, 1988 Councilmember Egan stated the main purpose for the variance was for expansion. Councilmember Gustafson stated he did not see the need for the variance. Gustaf son moved, Egan seconded, the motion to deny a 6-foot pump island canopy variance for a free-standing PDQ facility, as requested by the T. F. James Company, in the Hilltop Plaza Addition. All voted in favor. The developer asked the Council if the canopy could meet the setback if they would object to the canopy. Mayor Ellison stated no. WAIVER OF PLAT/NATIONAL MINERALS CORPORATION Assistant City Planner Jim Sturm informed the Council a public hearing had been held by the Advisory Planning Commission on August 30, 1988, at their regular meeting to consider an application by National Minerals Corporation/NSP for a Waiver of Plat in order to split Lot 10, Block 2, Eagandale Industrial Park 3rd Addition and combine it with Lots 4, 5, and 6 to the immediate south. The purpose of the Waiver of Plat would be to allow for the construction of a 30,000 square foot storage building to be constructed in the fall. He stated National Minerals Corporation, a fly ash distributor, is located on the lots. Currently, NSP has a transmission area on the northern portion of the 5.9 acre subject lots. The newly created Parcel "B" containing 2.7 acres would have access from a drive along the east side of Lot 6. Fly ash would be transported to the concrete building by either the railroad spur along the south property line of Lot 10 or by semi-trucks. Fly ash is used as an ingredient in concrete and is a non-combustible material. He stated all Code requirements had been satisfied. City Administrator Tom Hedges suggested that if the Waiver were approved by the Council, a condition be added that the tanks be painted to match the existing building. Councilmember Wachter questioned how the fly ash would be stored. He was concerned it would blow around. Mr. Sturm stated he believes the railroad cars and/or semis are closed. Mr. Hedges stated staff would check on that matter. Wachter moved, McCrea seconded, the motion to approve the Waiver of Plat for National Minerals Corporation/NSP on Lot 10, Block 2, Eagandale Industrial Park 3rd Addition, subject to the following conditions: 1. The development is required to fulfill the $23,135.00 assessment obligation identified for Lone Oak Road upgrade. Page 28/CITY COUNCIL MEETING MINUTES September 19, 1988 2. The development will be required to provide a 1.0 acre foot ponding area prior to discharging its site-generated storm water into the existing 24-inch storm sewer in Lone Oak Road. 3. This development shall dedicate, provide or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding and utility easements as required by the alignment, depth and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to Waiver of Plat approval. 5. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to Waiver of Plat approval. 6. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 7. The development is required to construct the proposed parking area in accordance with City Code requirements. 8. The development is required to provide an internal storm sewer system which intercepts the site-generated run-off and conveys this site-generated run-off to the existing storm sewer system in Lone Oak Road. 9. The development will be required to provide public access to the newly created Parcel B. 10. Any vehicle which transports fly ash will either be covered or wet so the fly ash will not blow about. All voted in favor. City Administrator Tom Hedges stated that the painting of the tanks to match the existing building should be encouraged. R-88.73 PRELIMINARY PLAT/RIDGE HAVEN ADDITION City Administrator Tom Hedges stated the Advisory Planning Commission and the City Council had reviewed a preliminary plat proposal entitled Ridge Haven Addition as presented by Haven Enterprises early in the summer. The subdivision is adjacent to a plat that was approved entitled Prettyman Heights. At the direction Page 29/CITY COUNCIL MEETING MINUTES September 19, 1988 r_- of the City Council, the City staff was asked to coordinate meetings with the developers of Ridge Haven Acres and Prettyman Heights and make efforts to agree on a road configuration for all parties concerned, including the City of Eagan. He stated that according to the Engineering Department, the City had not been able to reach agreement with both parties. The developer of Ridge Haven Acres would like the City Council to readdress the preliminary plat. The public hearing for considering public improvements is scheduled for the October 6 meeting and it is customary that a preliminary plat be approved prior to the public hearing to consider public improvements for the proposed subdivision. Assistant City Planner Jim Sturm stated there is a desire to eliminate the double fronted lots. He stated the plat wants to stand on its own. Brian Olson (developer) stated it is the same plat that was presented to the Council in May. He informed the Council they are willing to pay their fair share of the assessments. Councilmember Egan stated he thought the City would hardball Prettyman to cooperate. City Engineer Tom Colbert stated that Prettyman had already received preliminary plat approval and knew the cost but assumed it anyway. He stated he did not know how to get Prettyman's cooperation. Mr. Hedges questioned Mr. Ramsey of Haven Enterprises, Inc. regarding his letter to him dated September 12, 1988. He questioned what the developer meant by agreeing to pay for the fair share of the proposed assessments concerning the extension of Sibley Hills Drive. Mr. Colbert reviewed the proposed assessment procedure. Mayor Ellison asked the developer if he felt comfortable with Mr. Colbert's description of the fair share. The developer stated yes. Marylou and Donald Horne stated they did not want to subdivide. Mr. Colbert said they should reiterate their argument at the October public hearing. Mr. Egan questioned if the feasibility report would show the road going to the north. Mr. Colbert stated yes. Mr. Egan questioned why Prettyman was holding so hard. Mr. Colbert stated he had pre-sold the cul-de-sac lots. Wachter moved, Gustafson seconded, the motion to approve the preliminary plat for Ridge Haven 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 , Cl , C2,, C3 , C5,, Dl,, El , Fl , and G1. Page 30/CITY COUNCIL MEETING MINUTES r-- September 19, 1988 2. All lots shall be serviced and addressed from the internal street (cul-de-sacs). 3. The existing homesite and well/septic system shall be removed or abandoned to City requirements. 4. The development is required to remove the existing well and septic system in accordance with Department of Health and Pollution Control Agency requirements. 5. Side lot line drainage swales are required to be defined on the grading plant. 6. An outlet to the proposed storm sewer system is required. 7. The development is required to extend its water main to the northerly property line for connection to the future easterly extended water main in Sibley Hills Drive. 8. The development is required to execute the appropriate "waiver of assessment" for future street assessments associated with the easterly extension of Sibley Hills Drive. All voted in favor. See plat file SUBDIVISION REGULATION ORDINANCE/AMENDMENT TO SECTION 13.30 City Administrator Tom Hedges stated that at a May City Council meeting a subdivision regulation ordinance was given review. It was the decision of the City Council to send this proposed ordinance amendment to the Developers' Task Force for their review and consideration. Both the Developers' Task Force and Advisory Planning Commission had reviewed the proposed amendment and the document, in its final draft, was under consideration by the City Council. He stated the changes had been minor and would not affect the intent of a three-step process and the objectives that were desired by the City Council. Mayor Ellison requested the examples of the changes. Mr. Sturm stated it was in the terminology and there was nothing specific. Mr. Hedges stated there was a difference between the residential and the commercial development approach. Councilmember Wachter questioned if the Council could report back. Mayor Ellison stated the report could be brief. Councilmember McCrea questioned E-9 of the proposed ordinance. She asked if there was flexibility. Wachter moved, Gustafson seconded, the motion to ratify the ordinance amendment amending Chapter 13 of the Eagan City Code by changing development standards and submission requirements, subject to staff submitting a brief summary of the changes to the Council. All voted in favor. Page 31/CITY COUNCIL MEETING MINUTES :'-%e t-r -1 September 19, 1988 UPDATE/COMPREHENSIVE GUIDE PLAN City Administrator Tom Hedges stated the City Council and the Planning Commission had completed an update of the Comprehensive Guide Plan, a process that began in December of 1985 and was completed when an amendment was adopted January 27, 1987, by the Advisory Planning Commission. The amendment was submitted to the Metropolitan Council for their review. The item was reviewed by the Advisory Planning Commission at their August 30, 1988, meeting, however, no action was required. Councilmember Gustafson stated there was an area of concern regarding the RB zoning of the Astleford property on the east side of 35E. He questioned if the ratifying of the Comprehensive Guide Plan would preclude the City changing the RB zoning. Councilmember McCrea stated she felt the motion had excluded RB zoning. Mayor Ellison stated he was optimistic that the property would be down-zoned as he had recently met with the owners. Egan moved, McCrea seconded, the motion to approve the adoption of the 1987 Comprehensive Guide Plan Update Amendment considering the revised commercial planned development text and the incorporation of seven processed comprehensive guide plan amendments and the land use plan map. All voted in favor. VINCE KENNEDY/WAIVER OF PLAT City Administrator Tom Hedges stated that the Kennedys, Vincent and son Dave, purchased an adjacent lot to Vince Kennedy predicated on an assessment search that revealed an assessment levy of $156.00 with no pending assessments. A Waiver of Plat was requested for the parcel allowing son Dave to occupy the home and Vince to hold the remainder of the property. When the Waiver of Plat was given consideration, assessments were proposed for trunk storm sewer and a previous Lone Oak Road improvement. Mr. Kennedy is objecting to the assessments. Mr. Hedges explained the objections Mr. Kennedy had in his September 14, 1988, letter to the City. Councilmember Wachter stated it would be hard for the City to swallow the assessments. Mayor Ellison questioned if these assessments were something that someone else in the City would not pay. Mr. Colbert stated no. Councilmember Egan stated he felt it was an appropriate time to assess. McCrea moved, Wachter seconded, the motion to deny the request for waiving the assessments as proposed for Lot 5, Zender Acres (Kennedy). All voted in favor. Page 32/CITY COUNCIL MEETING MINUTES September 19, 1988 RAHN ROAD TRAIL/SOUTH OF DIFFLEY City Administrator Tom Hedges stated that the City trail plan identifies a trail on the east side of Rahn Road from Diffley to the Highline Trail. The Parks and Recreation Commission asked that the bituminous trail be installed at this time. He stated the City has approximately 70 feet of right-of-way from the centerline of Rahn Road with one exception. That exception was the proposed Eagle Nest development north of Shale Lane; however, with the recent platting of the Sons Addition, the City now had the additional road right-of-way. The cost of a half mile of trail is projected at $8.00 per lineal foot, and therefore, the installation would be approximately $20,800.00. He stated the bond fund provided for trails construction and could be used for this trail segment. Mayor Ellison stated he felt the matter should be scheduled for a public hearing. Councilmember McCrea concurred. Egan moved, Gustafson seconded, the motion to continue the matter regarding the installation of a bituminous trail on Rahn Road south of Diffley to Shale Lane to allow for the scheduling of a public hearing at the October 6, 1988, City Council meeting. All voted in favor. SPECIAL CITY COUNCIL WORKSHOP City Administrator Tom Hedges stated the next Council meeting would be held October 6, 1988. He further stated that at the last City Council workshop there was consideration to hold a special City Council meeting on Monday, September 26, 1988. He stated that there were no urgent matters and that it was not necessary to meet on that date. Councilmember Gustafson stated he was opposed to the meeting. Mayor Ellison stated that perhaps it could be conducted at the end of the next regular meeting. Councilmember McCrea stated she felt the meeting could be held in the fall. SENIOR HOUSING Assistant City Planner Jim Sturm updated the Council on the locations, (1) Federal Land piece; and (2) the Hoffman piece. Councilmember McCrea questioned how much HUD money was available. Mr. Hedges stated there was $300,000.00 among Eagan and two other cities. He further stated that Eagan also has its own fund available for senior housing. Councilmember Gustafson recommended putting out a notice to compete for the lowest bid. Page 33/CITY COUNCIL MEETING MINUTES September 19, 1988 CITY OF EAGAN AUDITOR City Administrator Tom Hedges recommended to the Council that the City remain with the firm of Deloitte, Haskins and Sells for one more year as the City's auditor. Wachter moved, Egan seconded, the motion to approve the firm of Deloitte, Haskins & Sells as the City's auditor to review all financial transactions for the calendar year 1988. All voted in favor. BRITTANY ADDITION The Council was informed the closing company did not give the assessment money to the County. Therefore, the assessments continue. The Council will be kept posted on this matter. GUN CLUB WATERSHED MANAGEMENT ORGANIZATION City Engineer Tom Colbert informed the Board that he had received a resignation from Catherine Funk from the Gun Club Watershed Management Organization. Egan moved, McCrea seconded, the motion to accept the resignation of Catherine Funk for the Gun Club Watershed Management Organization and staff was authorized to solicit a replacement. All voted in favor. CARRIAGE BILLS GOLF COURSE Pursuant to memo from City Attorney Jim Sheldon, it was agreed that the owners will pursue private nuisance actions regarding the errant golf balls. PROJECT 554 Egan moved, Gustafson seconded, the motion to receive the feasibility report for Project 564 and order a public hearing. All voted in favor. LEXINGTON POINTE City Engineer Tom Colbert informed the Council that some grading had been done without approval which violated other aspects of the development. He stated he felt it was a flagrant violation and suggested issuing a formal citation. The Council concurred. Page 34/CITY COUNCIL MEETING MINUTES September 19, 1988 BILLS Wachter moved, Egan seconded, the motion to approve the check list dated September 19, 1988, in the amount of $992,428.59. All voted in favor. /and August 31,1988 in the amount of $463,158.34. ADJOURNMENT Upon motion duly made by Gustafson, seconded by Wachter, the meeting was adjourned at 12:30 a. m. All voted in favor. CITY OF EAGAN By: Q \~^-R A L Eugen anOverbeke Its: ity Clerk