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07/17/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 17, 1990 miNurEs OC244 A regular meeting of the Eagan City Council was held on Tuesday, July 17, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, City Planner Jim Sturm, Director of Public Works Tom Colbert, and City Attorney James Sheldon. OENDA City Administrator Hedges recommended the following changes to the agenda: Item C, Public Hearings, Woodlands North Addition, request to continue to the September 4, 1990, regular City Council meeting. Item A, New Business, Ordinance Amendment, Residential Off Street Parking, after brief discussion, this item will be continued to the September 4, 1990, regular City Council meeting. Item J, New Business, Comprehensive Guide Plan Amendment/Rezoning, Area D, Multifamily Residential Land Study, request to continue to the August 7, 1990, regular City Council meeting. Pawlenty moved, Wachter seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 There were no minutes to be approved at this meeting. The minutes of the July 10, 1990, regular City Council meeting will be distributed with the August 7 City Council information. TMENT HEAD BUSS PUBLIC WORKS/REVIEW DRAINAGE CONCERN BLACKHAWK GLEN 1ST ADDITION Director of Public Works Colbert said a letter of concern had been received from the property owner at 1668 Ashbury Road. He said the letter indicated excessive runoff and erosion problems associated with the house under construction behind the home on Ashbury. Mr. Colbert said the overall drainage pattern is functioning properly, however, at Council's request the issue was placed on the agenda. Lynn Lewis, 1668 Ashbury Road, said she was also representing the homeowners located at 1556, 1560, 1564 and 1572 Ashbury. Ms. Lewis said that even with the "super storm" of 1987, they did not have significant problems until construction began behind their homes in the Stoney Pointe additions. She said the contours have changed considerably and the slopes in Stoney Pointe 2nd Addition are extreme. Because of heavy rains this year, Ms. Lewis said several erosion problems have resulted from lots on Lakeview Curve. She said they were also concerned about possible ice damming this winter. Ms. Lewis said that some of the residents had purchased hay bails to keep the sediment out of their yards. She said there is so much sediment that it needs to be removed from around the trees and yards. She asked if the City could influence the builder to correct these problems. She said they were willing to work with anyone to get some of the water redirected. Page 2/EAGAN CITY COUNCIL MINUTES JULY 17, 1990 Mayor Egan asked what leverage the City has with Meritor regarding sediment, erosion and drainage problems. Director of Public Works Colbert said the property has been sold by Meritor to individual builders. Mr. Colbert said he was unaware of any leverage that could be used to pursue Meritor. Mayor Egan said that it was obvious from the photographs provided by Ms. Lewis that there is a path of dirty water leading into the Lewis backyard. He then asked if that was a reasonable dispersal of surface water and at what point it could be considered trespass? City Attorney Sheldon said it was a difficult question and one that would have to be answered on a case by case basis. Mr. Sheldon said whenever you find surface water diverted among homeowners either intentionally or negligently -the common law test becomes a test of reasonableness. The reasonable use test requires consideration of alternatives and determining whether the benefit to the diverter's land outweighs the harm to the land receiving surface water. Mr. Sheldon said this test had been established over a long period of time in the State of Minnesota. The second issue is when the City's drainage easements become obstructed and diverted to the point it significantly affects the City's drainage responsibility, the City has the right and obligation to become involved. The test that is applied to the City is not a reasonableness test at this point, but simply that the City is providing a public benefit and it is its obligation to provide that. You do not necessarily have the right to the reasonableness of the diversion of surface water. Mr. Sheldon said there are two different scenarios: surface water runoff that is between neighbors and the surface water runoff that is part of the City's storm drainage system. Director of Public Works Colbert said the problem would be significantly reduced once the lots are completed but until the area is completely restored, the homeowners will experience these problems. Mr. Colbert said it is an issue between two property owners. Brief discussion then ensued regarding the monitoring of the grading and landscaping of individual properties under construction. With 2,000 active building permits at any one time in the City, Mr. Colbert said it would involve intensive costs and personnel. Mr. Colbert said that the problems would still exist even if the time limit for restoration was shortened. Councilmember McCrea said that perhaps a fine system could be used to support the need for additional staff. Councilmember McCrea asked if a letter could at least be sent to the builders asking them to take immediate steps to correct the erosion problems or it would be done for them at their expense. Councilmember Wachter said this is a problem with a builder and the homeowners should go after the builder. Mayor Egan said there was no easy solution to the problem. He said it would be a policing nightmare and that stricter enforcement would lead to greater legal exposure to the City. He said these cases would not be easy to win and many are best left as a matter between private landowners. Mayor Egan suggested that perhaps staff could review and make a recommendation to the City Council regarding alarming circumstances that would allow at least some enforcement. City Attorney Sheldon said the homeowners also have the right of counsel and the court system. No formal action was taken. A. Personnel Items k l :TELI 00245 1. It was recommended that members of the Police Officers/Investigators collective bargaining unit be included in the City of Eagan's flexible spending account plan which will become effective July 29, 1990. 2. It was recommended that Troy Christopherson and Brian Hansen be hired as seasonal park maintenance workers. Page 3/EAGAN CITY COUNCIL MINUTES July 17, 1990 B. Plumbers Licenses It was recommended the plumbers licenses be approved as presented. C. Resolution Authorizing Submission of the City's Legal Fees Regarding McCarthy Lawsuit to LMCIT for Reimbursement 0G246 It was recommended that the resolution authorizing submission of the City's legal fees regarding the McCarthy lawsuit to LMCIT for reimbursement be approved. R 90.48 D. Deferment of Senior Citizen Special Assessment It was recommended the senior citizen deferment for special assessments for Erik and Shirley Erikstrup for parcel 10- 02800 010 -80 be approved as presented. E. Declare Surplus Property/Advertise for Bids, 1986 Snowmobile, Police Department It was recommended that the 1986 Arctic Cat Cougar snowmobile be declared surplus property and it be advertised for bid with a minimum bid of $1,800. F. Final Plat, Summer Place Second Addition It was recommended that the final plat for Summer Place Second Addition be approved. R 90.49 G. Contract 90 -02, Change Order #1 (Park Shelter Building Construction) It was recommended that Change Order #1 to Contract 90 -02 for park shelter building construction in the amount of $6,997.40 be approved. H. Contract 89 -07, Acknowledge Completion /Authorize Final Payment (Well #14) It was recommended that the 6th and final payment for Contract 89 -07 (Well 14) in the amount of $1,800 to E.H. Renner Sons, Inc., be approved. I. Contract 89 -08, Approve Change Order #2 (Wells #14 #15, Pumping Facilities) It was recommended that Change Order #2 for Contract 89-08 (Wells #14 #15 Pumping Facilities) be approved and the Mayor and City Clerk authorized to execute all related documents. J. Project 88 -U, Acknowledge Completion /Acceptance For City Maintenance (Michael Sill Addition Streets Utilities) It was recommended that completion of Contract 88 -U (Michael Sill Addition Streets Utilities) be acknowledged and the assumption of perpetual maintenance by the City be authorized subject to appropriate warranty provisions of the development agreement. K. Project 586, Receive Final Assessment Roll /Order Public Hearing (South Oaks Streetlights) It was recommended that the final assessment roll for Project 586 (South Oaks Addition Streetlights) be received and a public hearing scheduled to be held on August 21, 1990. Page 4/EAGAN CITY COUNCIL MINUTES July 17, 1990 L. Project 575, Receive Final Assessment Roll /Order Public Hearing (James Street Court Streetlights) It was recommended that the final assessment roll for Project 575 (James Street Court Streetlights) be received and a public hearing scheduled to be held on August 21, 1990. M. Contract 88 -26, Acknowledge Completion/Authorize Final Payment (Daniel Drive Streets Utilities) It was recommended that the fourth and final payment for Contract 88 -26 (Daniel Drive Streets Utilities) be approved in the amount of $9,539.72 to Imperial Developers, Inc. N. Project 88 -J, Acknowledge Completion /Accept For City Maintenance (Deerwood Addition Streets Utilities' It was recommended that the completion of Contract 88 -J Deerwood Addition Streets Utilities) be acknowledged and the assumption of perpetual maintenance by the City authorized subject to appropriate warranty provisions of the development agreement. O. Project 88 -II, Acknowledge Completion /Accept For City Maintenance (Woodlands Addition Streets Utilities) It was recommended that the completion of Contract 88 -II (Woodlands Addition Streets Utilities) be acknowledged and the assumption of perpetual maintenance by the City be authorized subject to appropriate warranty provisions of the development agreement. P. Contract 90 -09, Approve Plans /Authorize Ad For Bids (West Publishing 3rd Wilmus Addition Trunk Storm Sewer) It was recommended the plans for Contract 90 -09 (West Publishing 3rd Addition Wilmus Addition Trunk Storm Sewer) be approved and the advertisement for a bid opening authorized to be held at 10:00 a.m., Friday, August 17, 1990. Q. Amendment, Landscape Ordinance, Chapter 10, Sections 10.20, Shade Tree Control and prevention; and 10.21, Planting and Maintenance of Trees and Grass on Private Property It was recommended that the amendment to the City Code Chapter 10, Sections 10.20 and 10.21 concerning landscape regulations be approved. Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0 Note: Councilmembers McCrea said she was concerned about how late Council meetings had been going and was particularly concerned about decision making at such long meetings. She said she did not feel comfortable making decisions regarding radio towers, union negotiations, and lawsuits at that hour of the morning. She said she would take part in meetings that go beyond 1:00 a.m. but would not vote after that hour in the future. Councilmember Pawlenty also expressed similar concerns. He said ways to improve, such as additional meetings, would have to be found. 0G24? Page 5/EAGAN CITY COUNCIL MINUTES July 17, 1990 After introduction by Mayor Egan, City Administrator Hedges said there had been a long review process of the revised liquor policy. He said the City Council had asked staff to study the licensing fees and now staffs findings were being returned to the City Council with a recommendation for a fee structure. Mr. Al Baker served as spokesman for the individual license holders. Mr. Baker said he had serious concerns about the drastic increase in some of the licensing fees. He said he agreed that administering the licensing should not cost the City money; however, he did not think the fees should exceed the cost of administration. He questioned whether the increased costs were necessary. He said as in any business, they wish to remain competitive. He asked that the Council not attempt to support the budget with these fees but just to consider the costs of administration. Councilmember McCrea said there should be some increase for inflation but the recommended on- sale wine and liquor fees had resulted in a tremendous increase. She said the large fees would have a direct impact on the smaller operators. She said the Council would have to also consider the economic development impact of the fee increases. Administrative Assistant Witt said the fee schedule was only a recommendation and a compromise would be something near the average. Mr. Dave Carbone said a fee for on -sale wine going from $200 to $2000 was out of line. One of the owners of the Mediterranean Cruise also said the fees were much more than they can afford. He said he had been in business for 10 years and were trying to stay in business. He said their customers come for the ethnic food served at the Mediterranean Cruise; however, they would leave if they did not have a liquor license. He again said the fees were more than they could afford. McCrea moved, Wachter seconded, a motion to close the public hearing and to modify the proposed increase in liquor license fees as follows: Off -sale beer $75 On -sale beer $350 On -sale wine $400 On -sale liquor $4000 KAKI .11ENRINGS REVISED FEE SCHEDULE BEER, WINE AND LIQUOR LICENSING AND REGULATION With reevaluation to occur in two years. Aye: 4 Nay: 1 (Gustafson) WATER QUALITY POND JP-67 0G248 After introduction by the Mayor, City Administrator Hedges said that the City Council received the feasibility report at the June 19 meeting and scheduled the public hearing for the July 17 regular City Council meeting. He said this project is the first under the Water Quality Management Plan. Mr. Hedges said that a neighborhood meeting was held on July 11 to inform adjacent property owners of the improvements and its impact on their properties. Director of Public Works Colbert said this project would create a storm/surface water runoff pond to handle and treat runoff prior to discharging into Fish Lake. Mr. Colbert said the pond would consist of a two -cell treatment process to maximize nutrient removal. In addition, Mr. Colbert said that as a result Page 6/EAGAN CITY COUNCIL MINUTES July 17, 1990 of the neighborhood meeting, concerns were expressed regarding the loss of vegetation as well as the safety of the pond. The Director of Public Works said the neighbors are suggesting as a part of security, that a chain link fence be installed with shrub screening planted in front of it. Mr. Colbert said staff has told the homeowners they will work with them; however, staff has not gone into any detail on a landscaping plan at this time. Mr. Colbert said the treatment basin's estimated cost, including storm sewer construction, landscaping and easement acquisition, was S102,130. Mr. Rich Widner of the Hidden Oaks Homeowners Association said their major concerns are: 1) that one of their residents could lose her daycare license because of the pond and 2) landscaping to replace trees lost due to excavation of the pond. After a question from Councilmember Wachter, Mr. Widner said the daycare license would not be lost if the pond were fenced. Director of Public Works Colbert said they would work with the neighbors within the budget for landscaping and fencing. However, if it was not adequate, staff may have to come back to the Council for additional funding. McCrea moved, Wachter seconded, a motion to close the public hearing, approve Project 594, Water Quality Pond JP-67 and authorize the preparation of detailed plans and specifications along with acquisition of easements through condemnation if necessary. Aye: 5 Nay: 0 PROJECT 596/WOODLANDS NORTH ADDITION Gustafson moved, Pawlenty seconded, a motion to continue the public hearing for Project 596, Woodlands North Addition (Streets and Utilities) to the September 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 PROJECT 597/HILLS OF STONEBRIDGE 3RD ADDITION After introduction by Mayor Egan, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates, provided the background for this public hearing. In reviewing the upstream drainage for this pond, those properties in the drainage district not yet assessed for trunk area storm sewer, were included with the assessment roll. Gerald Thurston, 4251 Stirrup Street, asked where the runoff was going. Mr. Hanson explained the sequence of the storm sewer system in that area. Mr. Thurston asked that if the lay of the land was being changed, why the residents in the Saddle Horn Addition had to pay for it. He said minutes of previous City Council meetings said the City would pay. He said if they were to be charged, they should have been charged in 1980 and at that rate. Mr. Colbert said the City does not pre assess properties and assessments are not levied until the improvement occurs. Mr. Larry Guthrie, an attorney for United Mortgage, the developer of the Hills of Stonebridge 3rd Addition, said there is no bounce to pond JP -27 thereby necessitating its drainage into pond JP -53. Mr. Guthrie said this situation, however, was not created by the development of Stonebridge 3rd Addition. Mr. Guthrie also asked that the developer not be required to pay any of the construction costs associated with JP -27. Mr. Guthrie added that however the project is assessed, it should be done through an assessment mechanism rather than holding up the 3rd Addition platting process. He said it was not right that downstream properties had to pay the costs. Mr. Tom Hoffman, Saddle Horn Addition, said the assessments were paid in 1980. He said that if there are water problems now, the developer should pay for them. After additional discussion, Mr. Colbert said it was hoped that ponds for the storm sewer system would be dedicated as part of the development process. However, it is the development of the Hills of 00240 Page 7/EAGAN CITY COUNCIL MINUTES July 17, 1990 Stone Bridge that is forcing the need to create JP -27. Mr. Colbert said that he can understand the developer not wanting to pay for the pond because they have dedicated a ponding area to handle the runoff from their development. But because the development is occurring now, the system will start backing upstream. The developer creating the need should have some obligation for the creation and acquisition of the ponding area or the developer should have to wait until development around JP -27 occurs and the holding capacity of the pond is upgraded. Councilmember Gustafson asked if the City or the Hills of Stonebridge 3rd Addition paid for the development of JP -27, what would the future obligation be of the developer of the presently undeveloped property surrounding JP -27? Mr. Colbert said there was no provision for the future reimbursement of these costs. After hearing discussion regarding the possibility of splitting the costs of acquisition of Pond JP- 27 between the City and the developer, a resident of 5249 Stirrup Street asked what the City Council planned to do to help the homeowners with their assessments. Mayor Egan said the opportunity to discuss the amount of assessments would be afforded them at the final assessment hearing. Gustafson moved, Wachter seconded, a motion to close the public hearing, approve Project 597, Hills of Stonebridge 3rd Addition (Trunk Storm Sewer), authorize the acquisition of easements through condemnation if necessary, with the provision that the acquisition costs for Pond JP -27 be equally divided between the developer and the City of Eagan, and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Mr. Guthrie asked that the City Attorney look into finding out if a future developer could be required to reimburse the cost of the pond. City Councilmember McCrea asked if the City should bear the legal costs of researching this issue or whether it should be an expense to the developer. The City Administrator said it would be a billable expense to the developer. PROJECT 589/ELRENE ROAD KOST ROAD After introduction by the Mayor, Mark Hanson said Project 589 provides for the upgrade of Elrene and Kost Roads. Mr. Hanson said the upgrading of Elrene Road would include widening the existing 24' wide rural roadway to a 36' wide urban roadway. He also said the upgrading of Kost Road will consist of regrading the existing rural gravel roadway and constructing a 32' wide bituminous urban roadway. The upgrade of both roads will also include utility construction and a bituminous trail, in accordance with the City's Master Trail Plan, is preliminarily planned along the east side of Elrene Road. Mr. Bob Engstrom, the developer of the Woodlands North, said he had concerns regarding the costs, the aesthetics and safety. He said that originally, Elrene Road had to be 36' wide but now, Mr. Engstrom said it is his understanding, that the State has changed their guidelines and may allow a much narrower roadway than was previously permitted. Mr. Engstrom said it would save the beauty of the roadway by having a narrower width in addition to alleviating costs. Mr. Engstrom then asked about the the rate of assessments. He said they had reduced the density of their project but are still being assessed at the higher density rate. Mr. Colbert said the rate is based on present zoning and will be reduced if at the time of the final assessments, the density is lower. Mayor Egan then asked about the possibility of reducing the State required street widths. Mark Hanson said he only recently became aware of the new guidelines and said potentially the street widths could go as low as 26' to 28' with State aid. The Director of Public Works said he would have significant reservations about those widths in this instance. He said 44' was no longer necessary because West Publishing will not have direct access onto Elrene Road. However, Mr. Colbert is still concerned even though the State may allow the reduced width. He said a 36' width would be a good compromise. Councilmember Pawlenty asked what the guidelines were for a 28' roadway. Mr. Colbert said no more than srlr 250 Page 8/EAGAN CITY COUNCIL MINUTES July 17, 1990 300 vehicle trips a day. Mark Hanson said that traffic projections for Elrene Road are for 3500 vehicle trips a day. Director of Public Works Colbert pointed out that if the property is downzoned, the developer would receive the lower rate for a 32' roadway and any oversizing to 36' would be the responsibility of the City. Mr. Engstrom asked that they think in terms of function. He said there are a minimum number of curb cuts and with a reduced street width, there would be reduced runoff, increased safety, etc. He said a narrower road would work based on function. He said the State's willingness to decrease street widths was a significant break through and should certainly be discussed. Mr. Steve Bryant of West Publishing said they have reviewed the project and generally agree. West asks that the boundaries of pond JP -17 not be defined before the property is developed. They ask that sanitary sewer stubs be provided for the one residential lot on West's property and that the appropriate assessment rate structure be reviewed. Mr. Bryant said that West would have some safety concerns regarding a street width lower than 36' but agreed with the desire to have a minimum impact on the area. Ms. Beverly Carson, 3765 Elrene Road, asked if they were being assessed because they access directly onto Elrene Road. Director of Public Works Colbert said that reconstruction of streets is financed in part by those taking direct access onto these streets. He said there are others who use Elrene, however, they will pay the costs when their local streets are reconstructed. Mr. Colbert said Ms. Carlson's property was being assessed based on a 32' roadway just as someone living on an internal street and also based only on front footage. Ms. Monica Hoovestol, of 3775 Elrene Road, said widening the road will increase the speeds on Elrene. She said people abide more by speed limits on narrower roads. Wachter moved, Gustafson seconded, a motion to close the public hearing, approve Project 589, Elrene Road and Kost Road (Streets and Utilities) and authorize the preparation of detailed plans and specifications along with acquisition of easements through condemnation if necessary. Aye: 5 Nay: 0 OLD BUSINESS REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT DIFFLEY /CEDAR PLANNED DEVELOPMENT/KOLDT PROPERTIES After introduction by Mayor Egan, the City Administrator said that the City Council had reviewed this application in the past and specific concerns raised by the City Council have been addressed in a development agreement. The development agreement was included with information provided to the Council for this meeting. Councilmember Pawlenty said this is a high quality project and one deserving of close scrutiny. However, the Councilmember said when he considered his vote, he thought of comments on the R-4 study regarding downzoning and asked himself how he could square those comments with voting in favor of this project. He said these are high quality apartments but the developer of Area C in the Multifamily Residential Study has said they would come back with a plan for high quality apartments. Councilmember Pawlenty said he was having a hard time squaring the two issues. Mayor Egan said he had gone through the same process. However, he said, mistakes in prior zonings tended to be both ways. Mayor Egan said if they could recognize that some properties should not have been zoned multiple, they should also recognize that some properties should have been. It is a question of whether this particular rezoning is preferable to the present zoning. Mayor Egan said this is a quality product on a very visible parcel. He said the neighbors were up in arms over Area C of the R- 4 Study but the few comments the City has received from these neighbors has been positive. 06251 Page 9/EAGAN CITY COUNCIL MINUTES July 17, 1990 06252 Councilmember Gustafson said the total density of the Diffley /Cedar project is R -3 versus R-4. He said while there are some apartments included in the project, the overall density is R -3. Councilmember Gustafson also said if they did not rezone this property, he was concerned that it would be a hodgepodge of six different parcels with different zonings. Councilmember McCrea said the Council had to look at each parcel individually. She said the more she looked at this project the more convinced she became that the developer was willing to work with staff to offer a quality development. Councilmember Wachter said he objected to the previous plan. He said he thought this was a good site for a different type of development. Councilmember Wachter said he had not changed much since making that statement. He said considering the reports from the Fire Department, the Police Department and the school, he didn't think he could vote in favor. Councilmember Pawlenty asked the City Attorney if the Council approved this project, what the consequences would be to other actions. City Attorney Sheldon said that any time a rezoning is granted, it is held up as an example. He said that should not be a determining factor and each action should stand on its own. Mayor Egan said the purpose of the R -4 Study was to eliminate R-4 zoning where it was inappropriate, not eliminate R-4 altogether. He said if the underlying zoning is less appropriate than what's being proposed, it provides an opportunity for a superior project. Councilmember Pawlenty said he is still concerned regarding the increased or disproportionate number of demands on City services for this type of zoning. Mayor Egan said there could be less demand on City services for R -3 and R -4 than the underlying commercial on this property. Councilmember Pawlenty said the developer had gone through a lot of work but needed to understand that a lot has happened since they were last before the Council. Councilmember Pawlenty said that possible legal consequences needed to be considered. He said he did not want to mislead the developer, but circumstances have changed. Mr. Mike Gould of Koldt Properties said that they were caught up in the R -4 Study even though these properties were not part of it. He said they have come a long way since their initial proposal and he believes theirs' is a superior use for this site. Mayor Egan told the developer that if the project would lose on a 32 vote, it could not be brought back for reconsideration for one year. Mr. Gould said they would like the opportunity to deal with the fire and safety issues prior to putting the project to a vote. Gustafson moved, Egan seconded, a motion to continue to the September 18, 1990, regular City Council meeting, the comprehensive guide plan amendment for specification of a development within an existing CPD (commercial planned development) of approximately 41 acres. Aye: 5 Nay: 0 NEw S1 S AMENDMENT/CITY CODE CHAPTER 10 RESIDENTIAL OFF-STREET PARKING Mayor Egan introduced this item and asked if it was to be continued. City Administrator Hedges said the City had received a number of complaints about off street parking and the City Council had asked that an ordinance be addressed. Community Development will look at the ordinance to see how it applies to the zoning ordinance; therefore, staff is requesting a continuance. Mr. Hedges said any discussion would indicate whether staff was on the right track with this ordinance. Page 10/EAGAN CITY COUNCIL MINUTES July 17, 1990 RESOLUTION/COLLABORATIVE AIRPORT PLANNING O C2 3 After brief discussion, Gustafson moved, Wachter seconded, a motion to continue the amendment to City Code Section 10.51, Residential Off Street Parking, to the September 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 After introduction by Mayor Egan, Jon Hohenstein, Assistant to the City Administrator, said that the resolution prepared by the City of Eagan includes a reference to including the Metropolitan Council in the collaborative airport planning process. Gustafson moved, McCrea seconded, a motion to approve a resolution expressing support for collaborative community airport planning as presented. Aye: 5 Nay: 0 R 90.50 LICENSES/SERVICE STATION CIGARETTE DUCKWOOD 66 SERVICE STATION/3575 PILOT KNOB ROAD Councilmember Wachter expressed his concerns regarding cigarettes and children's accessibility to them. Mr. Brian Karin of Phillips 66 said cigarettes would not be dispensed through a vending machine and that Phillips 66 will comply with all State laws and regulations. Gustafson moved, McCrea seconded, a motion to approve the service station permit for Duckwood 66 Service Station located at 3575 Pilot Knob Road. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded, a motion to approve the cigarette license for the Duckwood 66 Service Station located at 3575 Pilot Knob Road. Aye: 5 Nay: 0 RESOLUTION/TEMPORARY NOTE McCrea moved, Gustafson seconded, a motion to approve the resolution authorizing issuance of a temporary note to provide funding for development district #2 and the purchase of the temporary notes from available funds. Aye: 5 Nay: 0 R 51 SPECIAL USE PERMIT/WOODLAND ELEMENTARY SCHOOL PORTABLE CLASSROOMS McCrea moved, Gustafson seconded, a motion to approve a special use permit for Woodland Elementary School to permit the continued use of two portable classrooms at the school site. Aye: 5 Nay: 0 VARIANCES /AL HERRMANN CONSTRUCTION After introduction by the Mayor, City Administrator Hedges said the City had received an application from Al Herrmann Construction for variances on three lots. No action was required by the Advisory Planning Commission and the variances were presented directly to the City Council for their consideration. City Planner Jim Sturm said all three variances were straight forward and all were located on Pilot Knob Road or Cliff Road. Mr. Sturm said when upgrading occurred for these streets, the right -of -way was increased in both locations. As a result, he said the lot widths are somewhat smaller. None of the lots in question has direct access onto Cliff or Pilot Knob. The three lots were in conformance originally but now because of the right -of -way increase, it has made it difficult to build on these lots without a variance. Page 11/EAGAN CITY COUNCIL MINUTES July 17, 1990 Because the change in right -of -way would result in a hardship to the builder, Gustafson moved, Wachter seconded, a motion to approve applications for a 20' variance to the 50' setback from major thoroughfares for the following: 1) Lot 1, Block 2, Fairway Hills Addition, 2) Lot 1, Block 5, Fairway Hills 2nd Addition, and 3) Lot 4, Block 1, proposed Fairway Hills 4th Addition subject to the following conditions: 1. All other setbacks shall be met. 2. All applicable Ordinances shall be adhered to. Aye: 5 Nay: 0 After introductory remarks by Mayor Egan and City Administrator Hedges, City Planner Sturm said that because this expansion will result in the final development phase of this property, platting is necessary. In addition, the City Code does not allow the expansion of a non conforming use, therefore, rezoning is also necessary. Mr. Sturm said that all setbacks have been satisfied with the exception of the driveway which has a setback of approximately 6' from the adjacent agricultural property. The City Planner pointed out, however, that the driveway is situated in the same location as the existing driveway. The Advisory Planning Commission recommended approval. Gustafson moved, Wachter seconded, a motion to approve the rezoning of approximately 9.95 acres of Ag (Agricultural), R -4 (Multiple) and GB (General Business) to a PF (Public Facilities) district and a preliminary plat consisting of one lot and a cemetery subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B4, C1, C2, D1, El, and Fl 2. A setback variance of 14' for the parking area along the south property line. 3. All trash and recycling materials shall be contained within the building or the enclosure shall be attached to the building and constructed of the same materials as the building. 4. No rooftop mechanical equipment shall be visible from the streets. 5. A drainage and utility permit will be required from MnDOT for the storm water drainage which is directed towards the State Highway right -of -way. 6. The development is required to extend sanitary sewer to the southerly adjacent property. 7. Additional hydrant coverage is required along the parking lot area southeasterly of the existing school building. 8. A cash contribution of $7,916 is identified as the development's requirement in accordance with the criteria identified in the City's Water Quality Management Plan. Aye: 5 Nay: 0 REZONING/PRELIMINARY PLAT TRINITY LONE OAK CHURCH ADDITION PRELIMINARY PLAT/COVENTRY PASS 3RD ADDITION UNITED MORTGAGE CORPORATION 00254 Mayor Egan introduced this item and City Administrator Hedges said it had gone to the Advisory Planning Commission at their June 26, 1990, meeting and they had recommended approval. City Planner Sturm said this item is a revision to the overall plan. He said the developer had changed a through street to a cul de sac thus necessitating another hearing before the APC. Mayor Egan asked how the utilities on Page 12/EAGAN CITY COUNCIL MINUTES July 17, 1990 the Inver Grove Heights side of the development were being handled. Mr. Sturm said a Joint Powers Agreement had been developed. Councilmember Wachter questioned the use of so many cul de sacs and the impact they would have on maintenance. Director of Public Works Colbert said all cul de sacs were up to code and with the acquisition of the proper equipment, maintenance has become more manageable. City Administrator Hedges said the Advisory Parks and Recreation recommendation had been received and park dedication requirements are identical to those associated with the 1st addition. Pawlenty moved, McCrea seconded, a motion to approve the preliminary plat for Coventry Pass 3rd Addition consisting of 50 R -1 lots on approximately 19.8 R -1 acres east of Dodd Road in the east half of Section 24 subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action of September 15, 1987, shall be complied with: Al, Bi, B2, B3 ,B4, Cl, C2,C3,C5,D1, El, F1 and 01. 2. No direct roadway access shall be allowed on Dodd Road. 3. The development is required to provide sanitary sewer service to the existing sanitary sewer (provided with the Hills of Stonebridge development) which is located on the east side of Dodd Road approximately 40' north of this development. 4. A cooperative agreement between the cities of Inver Grove Heights and Eagan is required to ensure that the quantity and the quality of storm water runoff generated by this development which flows from Pond JP -56 (located within Inver Grove Heights) into the City of Eagan storm sewer system is in accordance with the requirements identified in the City's Storm Water Management Plan and Water Quality Management Plan. Aye: 5 Nay: 0 PRELIMINARY PLAT/GALAXIE CLIFF PLAZA 2ND ADDITION GALAXIE CLIFF PLAZA PARTNERSHIP After introduction by Mayor Egan and City Administrator Hedges, City Planner Sturm provided background on this item. Mr. Sturm said that the Park Nicollet Medical Center will own and be the sole tenant of the building. He added that there had been a change to the site plan with the elimination of the drive through area in front of the building, however, it did not change the layout of the site. The building is all brick and all trash and recycling areas have been designated to be located within the building. Mr. Sturm said a cross- parking agreement has been developed and parking is adequate. Mr. Sturm said that at a neighborhood meeting, one of the concerns raised by the residents was where Plaza Drive would access Galaxie Drive. Mr. Sturm said there has been some discussion regarding the advisability of allowing Fire Station #5 and this development to retain duplicate access to Galaxie within such a short distance. Mr. Sturm said it has been suggested that the fire station could connect to Plaza Drive. Councilmember McCrea asked if staff was recommending they keep the road as is. Mr. Sturm said there was merit to both. He said the reason the fire station has direct access now was to avoid the commercial traffic; however, retaining both accesses creates a 3/4 acre triangle of property with no chance of development. Councilmember McCrea said she had no preference as to which access was kept; however, she said it would be a safer to consolidate them. 0025 Page 13/EAGAN CITY COUNCIL MINUTES July 17, 1990 00256 Councilmember McCrea asked why it was being recommended that Plaza Drive go through at this time. City Planner Sturm said completing this street was an agreement with the first application. Mayor Egan said one of the objections to piecemeal development, was that the roads were left incomplete. Director of Public Works Colbert said there are problems inherent with incomplete road construction and there comes a point where it becomes beneficial to provide loop maintenance of the streets in addition to extending the utilities. Councilmember McCrea asked about cross parking and whether all parties were agreeable to work toward sharing parking. Developer Brad Swenson said they were and that oversize parking facilities had been developed previously in anticipation of sharing the parking facilities. At this point, Mr. Swenson wished to make a comment in relation to the water quality assessment. He said that in concept, the water quality plan benefitted the community; however, the benefits had to be balanced with the costs and right now, it is proposed that a $.50 /square foot cost be paid by the developer. Mr. Swenson said if that is added to the park contribution fee, trail fee, water charge and upgrading the storm sewer, it would add another dollar per square foot to the cost of that site. Mr. Swenson said that did not include the hard costs, such as, streets, storm sewer, surveying, and grading. He said costs such as these are beginning to make this development unfeasible. He said it was a matter of fairness and he didn't think the charge was fair after already dedicating 2.5 acres on this site for storm ponding purposes. Councilmember Gustafson asked if the water quality charge was against the 2.1 acres proposed for the medical building. Director of Public Works Colbert said it was and was based on the criteria that this development requires a little less than one acre foot of wet pond, incorporating a little less than .3 acres, to treat the surface water runoff from this type of development to an acceptable water quality standard before it can be discharged. Mr. Colbert said the water quality management program was put together with the intent that the development treat their water whenever possible. However, he said if cash dedication becomes a burden, it would be acceptable for Lot 1 to reduce its impervious surface and dedicate approximately .3 of an acre to provide 95/100 of an acre foot of water quality ponding. Mr. Colbert said it should be noted, however, as future platting occurs each one will be required to provide similar water quality ponding dedication. Staff felt it would be more efficient and economical for cash dedication but the City would certainly accept pond construction as part of the development process. Councilmember Gustafson said he had serious concerns about the dollar amount associated with the water quality program. Director of Public Works Colbert said these land values for dedication are the same as for park land dedication so they will incur the same dollar obligation as for park dedication. Mr. Colbert said it sounds like a large dollar amount but the value of the property is very significant also. Mr. Colbert said the reason they could not identify the ultimate water quality ponding requirements right now is because they do not have a defined site plan for the outlots indicating the amount of impervious surface, parking lots, buildings, etc. Councilmember Gustafson said he assumed that the runoff from this development would go into the existing pond. He asked if it would be adequate for the entire 20 acres or would more be needed. Mr. Colbert said, generally speaking, the City would need about 9 acre feet of storage capacity. Mr. Colbert added that the existing pond was not dedicated but was purchased by the City. Therefore, part of the dedication is to reimburse for that acquisition. Mr. Colbert said a similar comparison would be the Coventry Pass 3rd Addition. That development dedicated the land and constructed the ponds to the appropriate size to meet the water quality standards at their expense to meet the water quality requirements. Councilmember Pawlenty said if the developer had to dedicate the ponding area and pay the fee, that seemed excessive. However, the Councilmember said if the City acquired the pond area and now is requesting a fee, that is a different analysis and the question would be if the fee is fair. Director of Public Works Colbert said if the Council feels uncomfortable with the value of the cash dedication, certainly the Page 14/EAGAN CITY COUNCIL MINUTES July 17, 1990 06257 actual development of a pond would be acceptable from a water quality perspective. Mayor Egan asked if staff would be comfortable with that solution. Mr. Colbert said they would not be as comfortable because it would result in a series of smaller ponds with each lot that gets platted. Staff feels it could be handled more efficiently if the ponds were consolidated but that would require a cash dedication. Councilmember Gustafson said he would prefer the consolidation rather than a series of small ponds and said it would be more efficient. However, Councilmember Gustafson felt that perhaps the discrepancy between the residential rate and commercial rate was too great. Councilmember Pawlenty said the point of this discussion as he understood it, is whether the rate is fair or should the Council revisit the issue. However, he said if the Council was going to reopen the entire water quality fee structure, he did not want to do it at this meeting. Councilmember Gustafson said it is an issue of fairness. He said his concern is that if there are amenities or development they would like to see in Eagan and they do not occur because of the rate structure, then that isn't fair. But then he said it also becomes an issue of affordability in the City of Eagan. Mayor Egan said water quality is a program that the City will have to see implemented and adopted. In terms of fairness and affordability, Mayor Egan said the results of the program will have to be taken into consideration. Mr. Bill Soules said he is not directly involved with this particular situation. However, he said the Water Quality Management Plan would have an impact on him with other developments. Mr. Soules said if the fee schedule for the Plan is allow to stand, there would be serious problems getting property developed. He said the issue is whether it is fair and practical to interpret as staff is recommending. Mr. Soules said that Eagan is presently a "hot spot" for real estate development but it is not so hot that it's worth a premium. He said Eagan is in competition for real estate development and they have to be competitive. He asked that the Council not insist upon the wrong course until all the responsible developers have left. He said the City should let it be known that it is willing to temporarily suspend the ordinance until they can go over the issue and analyze the consequences and whether they are contrary to what the Council's intentions were. Councilmember Gustafson asked Mr. Swenson if a possible alternative might not be for them to provide ponding in lieu of a cash dedication. Mr. Bill Soules said to his knowledge, they were not paid anything for the acquisition of the existing pond. Mr. Soules said they were told that dedication of the pond was a condition of plat approval. He said this parcel is in such close proximity to the pond, that the pond that already exists and has been dedicated to the City of Eagan should be allowed to be the settling pond for this parcel. Councilmember Pawlenty said he would be interested in knowing if the City had paid to acquire ponding easements on this parcel or whether Mr. Soules was correct in saying that it was a condition of platting the property. He said that information would have an impact on his decision. Mr. Greg Maloney, 4713 West Wind Trail, said he lives across the street and he agrees with the road coming into West Wind Trail. He said when the fire station was approved, it was agreed that it would try and fit into the neighborhood. Mr. Maloney said two accesses look terrible and also cause some major safety concerns. He said he wanted to go on record as coming to the City Council and telling them that this is the type of intersection that will cause some real problems and death. Mr. Maloney recommended the fire station access Galaxie from Plaza Drive. Mayor Egan said the assessment issues will have to be resolved. Mr. Swenson said they have a problem because Park Nicollet is on a fast track and any delays would harm their development. Councilmember Pawlenty then addressed the escrow issue. Mr. Swenson said he had been working with staff and they were making progress. The City Administrator said he had received information on the Page 15/EAGAN CITY COUNCIL MINUTES July 17, 1990 escrow balances and the negative balance was now offset by a positive balance. Councilmember Pawlenty asked if there were any assurances that this matter will be cleared up to everyone's satisfaction before going any further. City Attorney Sheldon said the question is whether the City can be assured that Tri-Land will pay all its negative escrows and we believe we have enough information and background to say that will be accomplished, however, we cannot say that it is an accomplished fact already. Director of Public Works Colbert said there had been additional concerns regarding an incomplete punch list. Mr. Colbert said Mr. Swenson had worked with staff to complete these items; however, they must be completed prior to the public hearing on August 7. Councilmember Pawlenty said it was very important to follow up on both points. The Councilmember said that was the understanding under which these issues have moved forward. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for Galaxie Cliff Plaza 2nd Addition consisting of 7.59 acres with one lot and an outlot for a medical clinic located west of Plaza Drive in the northwest quarter of Section 32 subject to the following conditions: 1. These standards of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C5, D1, El, Fi, and 01 2. Cross parking and ingress /egress easements shall be provided. 103 parking stalls shall be allowed. 3. No regular ambulance service shall be allowed. 4. All trash and recycling areas shall be contained in the building. 5. All mechanical rooftop equipment shall not be visible from Plaza Drive. 6. The building shall be constructed of brick on all four sides. 7. Tree planting shall be allowed in the right -of -way as per the landscape plan dated 6!7/90. Only overstory ash trees shall be allowed in the right -of -way. 8. All signage ordinances shall be adhered to. 9. The construction of streets and utilities under public contract to serve this development must be authorized by Council action prior to final plat approval. 10. The development is required to provide ponding and /or a cash dedication as fulfillment of the water quality requirements in accordance with the City's Water Quality Management Plan. 11. All landscaped areas shall be irrigated. 12. The extension of Plaza Drive shall be completed to Galaxie Avenue and one outlet established from Fire Station #5 and the Galaxie Cliff business area to line up with West Wind Trail. In addition, consideration is to be given to vacating "old" Galaxie Avenue. In both instances, dedication of additional right -of -way may be required. Aye: 5 Nay: 0 Councilmember McCrea then asked a question about quality control of the architectural theme between the buildings in the development. Gary Nyberg of Hammel Green said the brick used in the development will be compatible but not identical. Mr. Soules said that architectural compatibility as to design and materials will be maintained throughout the development. Councilmember Pawlenty said one issue that should be addressed is the Water Quality Management Plan. The Councilmember said he wasn't sure if it is necessary to revisit the entire policy but if the policy is fair then it should be applied across the board otherwise every time a developer complains, the policy will be negotiated. City Administrator Hedges said at the heart of the issue is if development is to continue in the City, the City's public policy position should be to avoid a cost incurment by the residents of the City or the storm water utility fund. The City Administrator suggested that some scenarios be put together Page 16/EAGAN CITY COUNCIL MINUTES July 17, 1990 in addition to information for the Council so it can be determined if the calculations and methodology are accurate or not. Councilmember Pawlenty asked if implementation of the plan should be suspended until the issue is reviewed. The Councilmember was concerned that small and large developments be treated equitably. Councilmember McCrea said she too was concerned with equity and had advocated an appeals process. Director of Public Works Colbert said one of the strongest comments to come out of the Developers Task Force was that the plan be applied equitably. Mr. Colbert said part of the rate difference between this development and Opus, for instance, was the amount of impervious surface. He said that while Opus has a great deal of green space, the Galaxie Cliff project is so intensely developed that there is almost no green space. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA D/MULTIFAMII Y RESIDENTIAL LAND STUDY McCrea moved, Gustafson seconded, a motion to continue to August 7, 1990, the Comprehensive Guide Plan Amendment and rezoning of Area D of the Multifamily Residential Land Study. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA I/MULTIFAMILY RESIDENTIAL LAND STUDY 0( 259 After introduction by the Mayor, City Administrator Hedges said that staff had reviewed this item and a hearing had been held before the Advisory Planning Commission at their June 26 meeting. The APC is recommending that the Comprehensive Guide Plan amendment from D -III (Mixed Residential, 6-12 units per acre) to D -I (Single Family) be denied but have made no recommendation as to the rezoning. Mr. Hedges said that the Advisory Parks and Recreation Commission is also requesting direction regarding whether the area should be reviewed for additional park land needs. City Planner Jim Sturm asked that Council consider a Comprehensive Guide Plan amendment from D -III to D -II (Mixed Residential, 0-6 units per acre). Mr. John Dobney, representing Bill Smith and Associates, said basically they feel that some type of intermediate type of zoning and change in the Comprehensive Guide Plan would be in the best interests of the City and the developer. He said that on this particular parcel, there are approximately $34,500 in current assessments and some additional assessments pending. Mr. Dobney said they have been told the property cannot be economically developed as single family residences. He said that after consideration, the Advisory Planning Commission was recommending a Comprehensive Guide Plan amendment from D- III to D -II. Councilmember Gustafson asked if the Council could take action to amendment the Comprehensive Guide Plan from D -III to D -II or if the matter would have to be referred back to the Advisory Planning Commission. City Attorney Sheldon said it would have to go back to the APC for public hearing. Mr. Harry Lemeiux was angry when an apartment building went in next to his property. He said he was told that it had gone to the Metropolitan Council and the property would always be multifamily. He said they tried to cooperate with the various developers but would like the Council to consider what the APC had recommended. Mayor Egan said that because of the location, it seemed difficult to rezone this property to single family. Councilmember Pawlenty agreed. The Councilmember added, however, that just as a point of procedure, he would like an opinion from the City Attorney with the packet as to the legal basis for each of the Study's rezonings. City Administrator Hedges said he had discussed this with the City Attorney and it was determined that they wait to provide a final opinion until such time that Council Page 17/EAGAN CITY COUNCIL MINUTES July 17, 1990 takes public input at the City Council stage and they have all the information the Council has. Councilmember Pawlenty then said the City Council should not act until it has the final opinion. The Councilmember said he agreed with the process but he thought the decision should be delayed as well. City Administrator Hedges said the matter could be handled like agreements, etc, and brought back before the Council as a Consent Agenda item. Gustafson moved, Wachter seconded, a motion to refer the Comprehensive Guide Plan amendment and rezoning of Multifamily Residential Land Study, Area I, to the August Advisory Planning Commission meeting. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA J/MULTIFAMILY RESIDENTIAL LAND STUDY After introduction by Mayor Egan, City Administrator Hedges said that the public hearing had been held at the last APC meeting of June 26. A recommendation at the Planning Commission meeting for approval of the amendment and rezoning failed on a tie vote. Mr. Don Sandberg, the owner of the property, said residents from the Parranto development were concerned about what might happen along Pilot Knob Road that might disrupt their scenic view and the loss of trees. Mr. Sandberg said their original objection to any change in the zoning had to do with taxes and that their taxes would go from single family to a business rate. He said he had since been informed by the County that they will tax only on the basis of the use of the land. The house on the property is being rented and is occupied, and any tax change would not take place until 1992. Mr. Sandberg said they had no objection to a change in zoning to limited business or neighborhood business. He asked, however, that the landlocked portion of their land (approximately 3 acres) south of the pond remain Agricultural. Councilmember Wachter asked if the Dakota County Assessor's office will change the taxes along with the zoning. Jim Sheldon said that steadfastly they have gotten the answer that it is the use not the zoning that governs the taxes. Occasionally, however, they have found instances where the taxes have been based on the zoning and in each instance it has been when the property is zoned agricultural. Mr. Sheldon said that it is the County that is the determining entity for this policy. Councilmember Wachter said he did not wish to mislead anyone regarding the taxes. Mayor Egan asked the City Planner for some insight into the tie vote at the APC meeting. Mr. Sturm said there were a variety of reasons among them environmental and discussion on whether the parcel should go Neighborhood Business. The residents of the Hampton Heights area were concerned with any type of commercial. Mr. Sturm said the APC also discussed whether there should be any action on the property before a development proposal is brought in because of ordinance changes the City may have. A resident asked whether assessments on the property would change if the zoning was changed. The City Administrator said that assessments are levied at a particular rate and that would not change. However, any new assessments would be levied at a new rate in accordance with what the zoning is. Gustafson moved, Pawlenty seconded, a motion to continue for 30 days the Comprehensive Guide Plan amendment and rezoning of Area J of the Multifamily Residential Land Study and request that the City Attorney prepare a memorandum of findings. Aye: 5 Nay: 0 Councilmember Pawlenty said in reading the letter from the attorney for the Sandberg's, the City Attorney should write his opinion as if the Council is taking action on the Comprehensive Guide Plan amendment and rezoning forcibly. He said, based on the circumstances, the City should not imply any consent. 0U2GO Page 18/EAGAN CITY COUNCIL MINUTES July 17, 1990 REZONING /AREA LJMULTIFAMI Y RESIDENTIAL LAND STUDY Gustafson moved, McCrea seconded, a motion to approve the rezoning of Multifamily Residential Land Study Area 1 of approximately 29 acres from R-4 (Multiple Residential, 6-12 units per acre) to 1 -1 (Industrial). Aye: 5 Nay: 0 k tA'xIVE END YANKEE DOODLE CORRIDOR STUDY Gustafson moved, Wachter seconded, a motion to approve authorization of the Yankee Doodle Road Corridor Study. Aye: 5 Nay: 0 maw 0C 261. Mr Mike Hedstrom and Mr. Bill Turcot from BF Transport then approached the Council regarding renting storage space in the City. They said that their transport company was being forced to move from their present quarters in South St. Paul as the entire property they presently rent has been taken over by Fingerhut. Mr. Hedstrom said they have reached a tentative agreement with the owner of the Ford/New Holland building in Eagan for a five year lease; however, they have just discovered that they will need a conditional use permit to occupy this space. Mr. Hedstrom said that BF Transport is not anxious to sign a five year lease unless they have some assurance that their conditional use permit will be approved. He said that the lessor is also not anxious to make improvements to the building without the lease. After discussion regarding steps that could be taken to assist BF Transport, Gustafson moved, McCrea seconded, a motion to acknowledge that the conditional use permit application is in process, that the application and all fees be received by the application date required by the Advisory Planning Commission, and, if these conditions are met, that City staff will not be directed to enforce the ordinance until after formal action is taken at the September 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 PROJECT 598/GAi AXiE CLIFF PLAZA 2ND ADDITION Gustafson moved, Pawlenty seconded, a motion to receive the feasibility report for Project 598, Galaxie Cliff Plaza 2nd Addition Streets and Utilities, and schedule the public hearing to be held August 7, 1990. Aye: 5 Nay: 0 STOP SIGN/DUCKWOOD TRAIL Because of increased traffic on Duckwood Trail and Falcon Way associated with the construction on Lexington, Wachter moved, Egan seconded, a motion to approve the installation of a stop sign at the intersection of Duckwood Trail and Bald Eagle Court. Aye: 5 Nay: 0 PONDING EASEMENf/SKOVDALE 2ND ADDITION The Director of Public Works said a complaint has been received from Mr. Hill, a property owner in the Skovdale 2nd Addition, regarding the recent rains causing the storm sewer system to back up. Mr. Hill has been experiencing an unusual phenomenon whereby two days after the rains stop, his pond starts to rise and impact his property. Mr. Colbert said they have acquired an easement from the adjacent property owner through an inverse condemnation action on a similar issue. He also said this is the last Page 19/EAGAN CITY COUNCIL MINUTES July 17, 1990 0C; 2G property owner in this area to be impacted by this high water elevation. Mr. Colbert said the drainage district has developed to the extent and the rainfall is such that the City will need to acquire a ponding easement up to the high water elevation. Gustafson moved, Wachter seconded, a motion authorizing negotiations for the acquisition of a ponding easement for Lot 4, Skovdale 2nd Addition, and that the agreement will be brought back to the Council for ratification. Aye: 5 Nay: 0 SHOOTING RANGE/JOINT POWERS Gustafson moved, Pawlenty seconded, a motion to waive the permit fees for the police shooting range being developed by Apple Valley in cooperation with the cities of Burnsville and Eagan except for out -of- pocket expenses which will be split equally among the three cities. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated July 17, 1990, in the amount of S907,217.86. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 12:30 a.m. on July 18, 1990. CITY OF EAGAN E. J. nOverbeke, City Clerk KF