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09/04/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA September 4, 1990 A regular meeting of the Eagan City Council was held on Tuesday, September 4, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges recommended the following changes to the agenda: Item L, Consent Agenda, Consideration of Final Plat for West Publishing, addition to agenda. Item M, Consent Agenda, Gambling License Renewal Application, Pull Tabs for Eagan Lions Club at Cedarvale Lanes. Wachter moved, Gustafson seconded, a motion to approve the agenda as amended. Aye: 5 Nay: 0 A. Personnel Items R'T'ES Pawlenty moved, Gustafson seconded, a motion to approve the minutes for the August 21, 1990, regular City Council meeting. Aye: 5 Nay: 0 PUBLIC WORKS/OO 90-10 0C30'7 After introduction by Mayor Egan, City Administrator Hedges prefaced this item by saying that it was being recommended for continuance to the September 18, 1990, regular City Council meeting. He said there had been requests by the neighbors that official notification be given to all affected property owners. Mr. Hedges said a letter was being sent regarding an informational meeting regarding the various road alignment options to be held on September 12. Contract 90 -10 will then be returned for Council action at the September 18 regular City Council meeting. Councilmember Gustafson said that Council will need a break down on the costs of each option before taking any action on the Contract. Gustafson moved, Wachter seconded, a motion to receive the bids for Contract 90-10 (Galaxie Cliff Plaza 2nd Addition Streets Utilities) and to continue the contract award to the September 18, 1990, regular City Council meeting. Aye: 5 Nay: 0 1. It was recommended that the hiring of Jeffrey Grubb and Scott Viola as seasonal park maintenance workers be ratified. 2. It was recommended that the hiring of Carol Tumini as Clerical Technician 2 in the Finance Department be approved contingent upon successful completion of the City's physical examination. 3. It was recommended that the hiring of Ronald Burke as a seasonal street maintenance worker be approved. Page 2/EAGAN CITY COUNCIL MINUTES September 4, 1990 00308 4. It was recommended that the hiring of Alan Welber as a seasonal central services maintenance worker be approved. B. Plumbers License It was recommended that the plumbers licenses be approved as presented (See Exhibit A). C. Tree Maintenance Contractor License It was recommended that the tree maintenance contractor license for S S Tree Specialists, Inc., be approved. D. License. Shows Haunted Hayride, Mitch Knoll/Autumn, Inc., Selling of Food, Beverages, Caps T- Shirts It was recommended that a shows license for Mitchell Knoll for Autumn, Inc., (Haunted Hayrides) be approved conditional upon provision of liability insurance coverage. E. Request for Proposal, Mobile Data Communications System, Police Department It was recommended that the request for proposal for a mobile data communications system for the Eagan Police Department and the distribution and advertisement of same be approved. F. Street Name Change, Kost Road to Trails End Road It was recommended that a name change for the present Kost Road to Trails End Road be approved conditioned upon the applicant's paying all costs for street name sign changes. G. Waiver of Plat /Oakwood Heights Second Addition R 90.62 It was recommended that a waiver of plat for a duplex lot split for Lot 4, Bock 2, Oakwood Heights Second Addition be approved. H. Agreement for Sales Tax Refund Application It was recommended that the sales and use tax agreement as offered by Jack D. Elmquist be approved and the City Clerk authorized to execute the agreement. I. Proclamation, Grand Reopening of Old Town Hall It was recommended that the proclamations commending and thanking the Eagan Boy Scout Troop #345, the Eagan Rotary and "Celebrate Minnesota" for their service/financial assistance in the renovation of the Old Town Hall be approved. J. Contract 90-11, Receive Bids /Award Contract (Park Center Addition Rusten Road Streets and Utilities) It was recommended that the bids for Contract 90-11 (Park Center Addition Rusten Road Streets Utilities) be received and consideration of contract award continued to the September 18, 1990, regular City Council meeting. Page 3/EAGAN CITY COUNCIL MINUTES September 4, 1990 K. Vacate Drainage Utility Easement, Receive Petition/Schedule Public Hearing (Lot 2, Block 1 Greensboro 2nd Addition It was recommended that the petition to vacate a portion of a drainage and utility easement over Lot 2, Block 1, Greensboro 2nd Addition be received and a public hearing scheduled for October 2 1990. L. Consideration of Final Plat for West Publishing R 90.63 It was recommended that the final plat for West Publishing be approved. M. Gambling License Renewal Application, Pull Tabs for Eagan Lions Club at Cedarvale Lanes It was recommended that the gambling license for pull tabs at Cedarvale Lanes for the Eagan Lions Club be approved and the 60-day waiting period be waived. Gustafson moved, McCrea seconded, a motion to approve the Consent Agenda as presented with the addition of Items L and M. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING Gustafson moved, Pawlenty seconded, a motion to approve a Special City Council meeting for September 13, 1990, at 5:30 p.m. Agenda to include but not limited to: 1) Storm Sewer Master Plan, 2) Changes in Executive Sessions, 4) Direction regarding contract negotiations, 5) Other Business. Aye: 5 Nay: 0 MARDI DELINQUENT WEED CUTTING BILLS DELINQUENT UTILITY BILLS 00303 After introduction by Mayor Egan and an explanation of the process by City Administrator Hedges, Mr. Robert E. Warmka, 3345 Donald Avenue, asked for reconsideration of the charges against his property. Mr. Warmka said he purchased the property last September only to receive a delinquent weed cutting bill this September. Evidently the charges were incurred by the previous owner and the lien on the property was overlooked by the title company in the change of ownership. While the City could enforce the lien against the property and Mr. Warmka would have recourse against the previous owner, the Council generally agreed the bill should be deleted from the assessment roll. McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting bills with the exception of Parcel #10- 44900 071 -01, and authorize the certification to the County for collection. Aye: 5 Nay: 0 After receiving no objections to the assessment roll, Wachter moved, Pawlenty seconded, a 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. Aye: 5 Nay: 0 Page 4/EAGAN CITY COUNCIL MINUTES September 4, 1990 FINAL ASSESSMENT HEARING/CEDARVALE BOULEVARD Gustafson moved, McCrea seconded a motion to continue the final assessment hearing for Project 546 (Cedarvale Boulevard Street Improvements) to the September 18, 1990. Aye: 5 Nay: 0 PROJECT 569/FINAL ASSESSMENT HEARING ARMSTRONG BUSINESS CENTER UTILITIES Pawlenty moved, Wachter seconded a motion to close the public hearing and adopt the final assessment roll for Project 569 (Armstrong Business Center Utilities) and authorize its certification to the County. Aye: 5 Nay: 0 PROJECT 510/FINAL ASSESSMENT HEARING CLIFF ROAD STREETS AND UTIL1 TIES Gustafson moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 510 (Cliff Road Streets and Utilities) and authorize its certification to the County. Aye: 5 Nay: 0 QI B 1JSINESS CONSIDER STORM WATER DRAINAGE IMPROVEMENTS PROPERTIES ON GIBRALTAR TRAIL oci310 After introduction by Mayor Egan, the City Administrator said this property had been impacted by the July 28 storm. Mr. Hedges said that the City had responded to the property owners and meetings date back to the super storms of 1987. Mr. Hedges also said that improvements have been made but the property owners are concerned about the future of the storm sewer and continued damage to their property. He said the homeowners were looking for solutions and had attending a meeting this afternoon. While no answers came out of the meeting, the City Administrator suggested the Council consider having the Public Works Committee make an on -site visit and prepare their findings and recommendations. Mr. John Screeden said he agreed. He said the water problems that they have experienced are almost as bad as those experienced in 1987. He said the Council had acted with dispatch for Stafford Place and suggested the Council do the same for them. Mr. Screeden said they were looking for a quick resolution to this problem. Mr. Jim Adams, 3912 Gibraltar Trail, said it took approximately fifteen to twenty minutes for all the water to drain away from his home. Mr. Adams went on to express his concerns about safety issues as well as the storm sewer system. Councilmember McCrea said that at every meeting there has been someone there to express concerns about the storm sewer system. The Councilmember said perhaps the City needed to rethink the entire storm sewer system. She suggested tougher standards with new plats. Councilmember McCrea then asked if the comprehensive storm sewer plan was monitored by the same company that designed it. She questioned whether any independent judgments could be made when the companies were one and the same. She asked if there shouldn't be an independent consultant. Director of Public Works Colbert said it should be pointed out that the storm sewer problems are not unique to Eagan; other cities are having the same problems. He also said that there is tremendous pressure from the developers to have immediate approval thereby cutting down on the opportunity for a comprehensive review. Councilmember Wachter said that some cities do not allow private installation of utilities and perhaps the City should consider whether or not to continue that practice here. Page 5/EAGAN CITY COUNCIL MINUTES September 4, 1990 Councilmember Gustafson said that the storm sewer system as designed is adequate; however, it appears to be the grading that is causing some of the problems. He said the City can install all infrastructure itself, however, if the developers come in and grade to a different elevation, there will continue to be problems. Councilmember Gustafson said he was not opposed to looking again at the City designing all infrastructure. Councilmember Pawlenty said that if developers pressure staff to approve plans quickly, they should inform the City Council and they would back the staff. Mayor Egan said these issues are critical. He said that when staff reviews plans for infrastructure, they must be comfortable with the design before approving it. In closing, City Administrator Hedges said there have been a considerable number of homes built in Eagan and that one must look at the entire system. He said there are some problem areas but most of the system works well. McCrea moved, Egan seconded a motion to direct the Public Works Committee to meet with the property owners at 3918 and 3912 Gibraltar Trail and prepare findings and recommendations. Aye: 5 Nay: 0 CITY CODE CHAPTER 10/SECTION 1031 RESIDENTIAL OFF-STREET PARKING Gustafson moved, Wachter seconded a motion to continue to the September 18, 1990 regular City Council meeting the amendment to City Code, Section 10.51, Residential Off Street Parking. Aye: 5 Nay: 0 NEW SXN/SS GENERAL OBLIGATION BOND SALE RESOLUTIONS 0G 311 R 90.64 R 90.65 After introduction by Mayor Egan, the City Administrator said that none of the bonds required a R referendum. He did add, however, that the equipment certificates do relate to the general property tax. R Mr. Hedges said that the bond sale date is set as October 2. Mr. David MacGillivray of Springsted, Inc., the City's fiscal consultant, then described each of the bond sales. The first resolution is for the issuance and sale of S9,300,000 of general obligation- revenue water system bonds, Series 1990A. The sale of these bonds will fund construction of the new water treatment plant and will be repaid entirely from the water user fees. The issuance and sale of S5,250,000 of general obligation improvement bonds, Series 1990B, will fund twenty-one improvement projects. These bonds will be repaid through special assessments. The issuance and sale of $250,000 of general obligation equipment certificates of indebtedness, Series 1990C, are for various equipment purchases. These bonds will be repaid over a short time through general property taxes. The issuance and sale of S1,220,000 of general obligation refunding improvement bonds, Series 1990D, are for specific improvement projects. All improvement projects at the present time carry relatively high interest rates averaging 8.7 percent. Mr. MacGillivray said it is planned to refinance at the lower rate of 7 percent. Mr. MacGillivray recommended the City adopt a new repayment mechanism referred to as global book entry. He said while it is rare in Minnesota, it should result in a fairly substantial savings to the City. Mr. MacGillivray also recommended that the City Administrator and Director of Finance make a presentation in New York City to Moody's and Standard and Poors. This presentation will take place September 12 in New York City. 90.6E 90.6 Page 6/EAGAN CITY COUNCIL MINUTES September 4, 1990 Gustafson moved, Pawlenty seconded a motion to approve a resolution to issue and sell S9,300,000 general obligation revenue water system bonds, Series 1990A. Aye: 5 Nay: 0 Gustafson moved, Egan seconded a motion to approve a resolution to issue and sell S5,250,000 general obligation improvement bonds, Series 1990B. Aye: 5 Na y 0 Gustafson moved, Pawlenty seconded a motion to approve a resolution to issue and sell $250,000 general obligation equipment certificates of indebtedness, Series 1990C. Aye: 5 Nay. 0 Gustafson moved, McCrea seconded a motion to approve a resolution to issue and sell $1,220,000 general obligation refunding improvement bonds, Series 1990D. Aye: 5 Nay. 0 After introduction by Mayor Egan, the City Administrator said that the City of St. Paul has organized an environmental cities group to impose an immediate impact on the environmental concerns cities share throughout the State. Mr. Hedges also said that the City of St. Paul believes the inter -city cooperation may act to stimulate State environmental legislation dealing with a host of topics that are now being addressed by cities statewide, such as, solid waste, lawn fertilizer, disposal diapers, and incinerator projects. He also went on to say that Mayor Egan was asked to participate as a member of the Environmental Cities Coalition and has attended the first two meetings held this summer. Mr. Hedges said that the action recommended for the Council was consideration of a resolution as to whether the City of Eagan should join this group. Mr. Hedges said that joining would not mean that regulations could be adopted by the group for the City of Eagan. He said only the City Council could adopt ordinances relating to the City. Pawlenty moved, Gustafson seconded a motion to approve a resolution authorizing the City of Eagan to join the Environmental Cities Coalition. Mayor Egan said that the City would not want to get involved with all issues but there are some that have application in the City. The Mayor also added that the next meeting of the coalition would be at the City Municipal Center on September 20. Councilmember McCrea asked what the membership fee was. The City Administrator said there were no fees involved with membership. Mayor Egan said that the organization was a sounding board to formulate resolutions for the member cities. Aye: 5 Nay 0 ENVIRONMENTAL CITIES COALITION R 90.68 SPECIAL HUNTING PERMITS /HOLSTE AND HIMMELWRIGHT Gustafson moved, Pawlenty seconded a motion to approve requests by Chris Holste and Jason Himmelwright for special hunting permits for property owned by Mr. Mrs. Larry Wenzel for bow hunting of deer and other small game from September 15 to December 31, 1990. Aye: 5 Nay 0 CLARIFICATION OF PLAT CONDITIONS /JIM BOESTERING After introduction by Mayor Egan, the City Administrator said the item before the Council was a clarification of Condition #3 which prohibited driveway access onto Blackhawk Hills Road. Page 7/EAGAN CITY COUNCIL MINUTES September 4, 1990 After brief discussion Gustafson moved, Pawlenty seconded a motion to remove Condition #3 of the original Blackhawk Glen 3rd Addition preliminary plat approval which prohibited a driveway access onto Blackhawk Hills Road. Aye: 5 Nay 0 SPECIAL USE PERMIT/OPUS CORPORATION BUSINESS IDENTIFICATION SIGN After introduction by Mayor Egan and City Administrator Hedges, The Director of Community Development said that the application is for a special permit for a business sign located in the Eagandale Center Industrial Park #3. He said that the Opus Corporation had reached a lease agreement with Massey Ferguson to occupy 40,000 square feet of an existing 150,000 square foot building. As a major tenant Massey Ferguson needs more exposure along Lone Oak Road. Mr. Runkle said that the sign is under seven feet in height and meets all setback requirements. Mr. Bob Worthington of Opus Corporation then described the sign that will be built parallel to Lone Oak Road. He said because the tenant will occupy such a large amount of space in the building, it is necessary that they have their own identification toward the road. Mr. Worthington said if the tenant should leave, the sign will be vacated. Mr. Bill McC ullen of Massey Ferguson then described the type of work being performed by his company at the Lone Oak Road site. Wachter moved, Gustafson seconded a motion to approve the special use permit for Opus Corporation for the placement of a 3 foot by 10.6 foot business identification monument sign for a tenant of the Armstrong Business Center, Eagandale Center Industrial Park 3rd. Aye: 5 Nay 0 VARIANCE/DARYL WERNEKE SIDEYARD SETBACK After introduction by Mayor Egan, the City Administrator said that this type of application needs no public hearing before the Advisory Planning Commission and comes direct to the City Council. Director of Community Development Runkle said that review of this request had revealed an existing setback violation of two feet from the required garage setback of five feet on the opposite side of the lot. Mr. Runkle said the applicant would be required to request a vacation of the utility easement. Councilmember McCrea asked the applicant what the appropriate hardship was in this request. Mr. Wemeke said it was financial. The Councilmember said that the applicant was already out of compliance and encroaching into the setbacks on both sides of the property would probably not be acceptable. Councilmember Gustafson asked Mr. Wemeke what the setback was of his neighbor. Mr. Wemeke said that the neighbor was perhaps 20 to 25 feet away. Mr. Wemeke's neighbor then said that he did not object to the setback variance because there was a stand of dense woods between them. He added that he was not interested in moving his property line and his only concern was that none of the trees were damaged. Mayor Egan said he was unable to see a hardship involved with this application. Councilmember Pawlenty said he too was having difficulty finding a hardship. The Councilmember said at times these variances have been granted if they appear reasonable and the neighbors do not object; however, he felt this particular variance was pushing the limits. He suggested that Mr. Wemeke perhaps scale down his project. 0(213 Page 8/EAGAN CITY COUNCIL MINUTES September 4, 1990 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING AREA D/ MULTI FAMILY RESIDENTIAL LAND STUDY 36314 McCrea moved, Wachter seconded a motion to deny a four foot variance from the required ten foot sideyard setback at 3640 Windtree Drive. Aye: 5 Nay: 0 After introduction by Mayor Egan, the City Administrator said that this item was first considered at the June 23 Advisory Planning Commission meeting regarding a rezoning and comprehensive guide plan amendment. He said that the City had initiated a comprehensive land use study of multi family residential land use in Eagan. He said staff had been directed to schedule public hearings for sixteen of the study areas of which this was one. The Director of Community Development said that the application is Study Area D and consists of nine acres currently designated as D -III Mixed Residential (6 to 12 units per acre) in the comprehensive guide plan and zoned R -3 (Townhouse Residential). He said the Advisory Planning Commission had received input from the surrounding properties. Mr. Runkle said that the applicant is opposed to the rezoning. Mr. John Klein, representing Richard Berger and Carl Olson, then spoke to the Council. Mr. Klein said it was important that the City Council be updated on the history and how the parcel came to be zoned as it is. He said the zoning of record for the northern portion of the property is R -3 and that portion that is adjacent to apartments is zoned R-4. In March of 1970, the property owners had 55 acres zoned multiple of which part was zoned R-4 (Townhouse) and the other portion was zoned R-6 (Apartments). At that time, the Highway Department severed the property with the construction of I -35E. This left the property owner with a long, narrow piece of property that was very difficult to develop on the east side of the highway. This portion of the property has since been rezoned to be compatible with the property to its east. Mr. Klein said when the original zoning came in, the minutes reflect that the zoning was granted on the condition that the property owners grant a ponding easement which would protect Lemay Lake. In May of 1973, the owners of the property agreed to abandon Jurdy Road as long as it did not affect the zoning and future use of the Olson property. Then, in June of 1975, plans were presented to construct 420 apartments and 52 townhouses on the property. The plans were later withdrawn because of the uncertainty of the placement of 1 -35E. In October of 1982, the City sent a letter to the property owners notifying them that the property zonings of R-4 and R-6 had been changed to the new classifications of R -3 (Townhouse) and R-4 (Multiple). Mr. Klein went on to say that he also had a copy of a letter from HUD that indicates apartments would be better able to deal with the noise from I -35E than would single family homes. In addition, Mr. Klein said the issue of air traffic noise is getting much worse. He said the property is in the flight path and apartments would be better suited to deal with this problem. Mr. Klein then quoted from a report the City had done on land use which describes the property and the surrounding properties and their densities. The report states that the site may be impacted by airport noise in addition to noise from the freeway. The report goes on to say that townhouses may have less impact on LeMay Lake because of the clustering of the townhomes versus the impact that single family homes would have due to the nature of single -family development. Mr. Klein said that it is not the most attractive area due to the impact of airport noise, freeway noise and being next to commercial/industrial property. He said that with the guide plan review in the 80's no mention had been made of any downzoning of the property. He said the property owners had owned the property since 1970 and had been most cooperative with the City. Mr. Klein said for the City to come now and say the property should be downzoned is grossly unfair. While they agree with the City's effort to reduce multiple, because of the surrounding circumstances he did not believe this was one of the properties that should be downzoned. Page 9/EAGAN CITY COUNCIL MINUTES September 4, 1990 Mayor Egan then asked the City Attorney about a legal argument that had been raised regarding the owners' expectations, the cooperation with the City and the compatibility of the property zoning with the freeway. Mayor Egan went on to ask if cooperation with the City could be considered to also raise the owner's expectations. The City Attorney said that when expectations are referred to, it is investment -type expectations that are involved. He said two issues were involved: 1) has the property owner been denied all reasonable use of the property and 2) has the development plan advanced to the point where the property owner's reasonably backed, investment expectations have been violated and the property owner is entitled to damages. Mr. Sheldon said all pertinent information would have to be analyzed before they could make a recommendation as to the City's legal position. Councilmember Pawlenty then made the observation that the northern two- thirds of the parcel is surrounded by fairly attractive properties and a case could probably be made for downzoning. However, he did not feel the same case could probably be made for the lower one -third of the parcel. Mr. John Klein said that openness could be retained on LeMay Lake with townhomes. He said a townhouse development would maximum the natural aesthetics of the site. After further discussion, the City Attorney said that if the new facts are true, this item should probably return to the Advisory Planning Commission for a new public hearing. He went on to say that because new Advisory Planning Commission action could be recommended, it would be difficult to give a legal opinion before all the facts are in. Wachter moved, McCrea seconded a motion to refer the comprehensive guide amendment and rezoning of Multi- Family Residential Land Study, Area D, back to the Advisory Planning Commission. Aye: 5 Nay: 0 INTERIM ORDINANCEJSIGNS/BILBOARDS After introduction by Mayor Egan, the City Administrator said legal counsel had advised that any time a moratorium is proposed which could lead to regulatory language that would prohibit billboards or removal of existing billboards, it would be well to adopt an interim ordinance allowing the moratorium to go into effect. Mr. Hedges said the interim ordinance would allow the City to enforce the moratorium. He went on to say that if existing regulations are amended, once they are approved the City Council could then repel the interim ordinance. Mr. John Bodger, of Adams Outdoor Advertising, said his company wished to go on record as being against the interim sign ordinance because it affects an application they have in at the present time. Because their application was in prior to the vote on the moratorium, he asked when the moratorium would go into effect. City Attorney Sheldon said the ordinance enacted was based upon one that had been adopted in the City of Marshan, Minnesota. In that case, the State Supreme Court had ruled and the Legislature had authorized moratorium ordinances which allow cities -for the purposes of planning or amending their regulatory controls -to halt any development, conditional use permit, etc. which had not been given preliminary approval by the city. This would allow the cities ample time in which to study any additional controls that are contemplated. Mr. Sheldon said there was a time limit on the moratorium and it cannot run any longer than one year. This time limit can be extended to eighteen months, however, it cannot be extended any longer. Mr. Bodger asked if the application had been filed prior to the moratorium, could it continue in the process. Mr. Sheldon said unless it had received approval, it was stopped in process. Mr. Marvin Post, who is a son of the owner of the property where the advertising sign is proposed, said that part of the reason they were in favor of the sign was to offset the already high taxes on the Page 10/EAGAN CITY COUNCIL MINUTES September 4, 1990 REZONING /ARGON CONSTRUCTION BERRY RIDGE ADDITION property. He said if the billboard was permitted, they would agree to a time limit on the sign. He said the location was appropriate for a billboard. Mr. Ken Schindeldecker said he was a 24 year resident of the City of Eagan and one of the future heirs of the property. He said the City should use sanity regarding billboards, however, the area where the billboard is proposed is in the middle of an industrial complex, flight pattern and retaining walls on the freeway. He said it is an appropriate place for a billboard. Mr. Schindeldecker said the land where the billboard is proposed is for sale and has been for sale for two years. He said the income from the billboard would allow the family to hang onto the property. Mr. Schindeldecker said the estimated taxes on the property for next year are S12,000. He said they could not afford the high taxes and taxes were forcing them off the property. Pawlenty moved, Egan seconded a motion to approve an interim ordinance which will place a moratorium on permitting any more billboards to be placed within the City until such time as the City has conducted appropriate studies as approved by the City Council at its August 7, 1990 regular City Council meeting. Aye: 3 Nay: 2 (Wachter and Gustafson) After introduction by Mayor Egan, the City Administrator said the application before the Council was to consider the rezoning of Lot 5, Block 1, Berry Ridge Addition from R -2 (Duplex) to R -1 (Single Family). Mr. Hedges said, in addition, there is an outstanding escrow balance on this property. He asked the Council if they wished to tie the payment of this outstanding balance to the application. The applicant said that they were not contesting the amount of the balance, however, they did ask for review and requested a breakdown of the costs. He asked that payment of the escrow balance be tied to the certificate of occupancy rather than the application for rezoning. McCrea moved, Pawlenty seconded a motion to approve a rezoning for Arcon Construction for Lot 5, Block 1, Berry Ridge Addition from R -2 (Duplex) to R -1 (Single- Family) contingent upon staff working with the applicant to resolve the outstanding escrow balance and that this resolution be tied to the certificate of occupancy. Aye: 5 Nay: 0 WAIVER OF PLAT/GOPHER SMELTING R 90.69 After introduction by Mayor Egan, the City Administrator said that the application had been considered by the Advisory Planning Commission at their August 28 meeting and the APC had recommended approval. Wachter moved, McCrea seconded a motion to approve a waiver of plat in order to consolidate a 25 foot strip of land with Lot 1, Block 2, Gopher Eagan Industrial Park Second Addition, as requested by Gopher Smelting and Refining Company and that any outstanding escrow balances be resolved. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/GOPHER SMELTING AND REFINING After introduction by Mayor Egan, the City Administrator said this item had been considered by the Advisory Planning Commission on August 28, 1990 and they had recommended approval. Page 11/EAGAN CITY COUNCIL MINUTES September 4, 1990 The Director of Community Development said that this is an application for a conditional use permit for sales and service of trucks /equipment and open storage for Gopher Smelting and Refining. He said that the site in question includes an existing building formerly occupied by General Pump Company. The application has been requested by a tenant of Gopher Smelting to convert this building for use by Inter Tractor. Mr. Runkle said that some of the concerns regarding the application refer to where the equipment is stored and moved around. Some of the issues that must be addressed are dust control and drainage problems. He said that a landscaping plan had been reviewed and accepted. Ms. Barbara VanAuken of City Center Real Estate said that the applicant would have preferred to install asphalt in the yard area of the building, however, it will not work for the use intended. Concrete has been found to be too costly, therefore, they have recommended an alternative which is compacted, recycled asphalt. A representative of Inter Tractor said the type of equipment they intended to work on would be track -type vehicles and they would tear up any asphalt that was installed. He said that is why they are looking to recycled asphalt as an alternative. The recycled asphalt is ground up and compacted and has been found to be more effective than clay or gravel. Mayor Egan said that he had concerns about an applicant coming before the City Council requesting an expanded use of a facility when issues such as noise, hazardous waste and odor from the facility, as well as on -going problems exist. Mayor Egan said violation of environmental standards had been periodic. Mayor Egan asked the City Attorney what leverage the City had with these types of issues when, in fact, the Minnesota Pollution Control Agency and Dakota County are the regulatory agencies. He asked what leverage the City had to bring the facility up to standard as it relates to these environmental issues. The City Attorney said the City Council had the ability to put on conditions and evaluate the proper use only in terms of those items that have a reasonable nexus or connection to the issue at hand. He said that unless the Council could make these connections, they did not have the ability to preempt state agencies and their regulations. The City Attorney said it would be difficult to make a reasonable connection between the smoke stacks, for instance, and this conditional use permit. Dakota County Commissioner Don Chapdelaine said that the County's role was one of issuing permits for hazardous waste facilities. He said the County also had the responsibility to protect well water and the water supply in the area. He said they bad received various concerns and complaints and have been working with Gopher Smelting for odor control and finding an alternative to the banging noise that occurs when they are cleaning the smoke stacks. He said they have a letter of understanding with Gopher Smelting and have requested that in six months the engineering be completed which would eliminate the noise, repair the smoke stack that is presently damaged and stop the odor. Any concerns beyond this are under the control of the Minnesota Pollution Control Agency. Mr. Chapdelaine said that the County wanted to be effective, but they must move within the confines of the law. Mayor Egan asked how Gopher Smelting had expressed their capability of coming into compliance. Mr. Chapdelaine said it was his understanding that the engineering is not yet available to clean the smoke stacks without the accompanying noise. He said it has been a challenge for Gopher Smelting to keep the smoke stacks clean without disturbing the neighbors. Mr. Wendell Heuer of 3560 Trails End Road asked what the grading was that was going on at the Gopher Smelting site. Director of Public Works Colbert said he did not know exactly what grading was being done, but that Gopher Smelting did have a grading permit. Mr. John Tapper of Gopher Smelting said they were grading a City ponding area and a grading plan had been approved four years ago. Mr. Richard Heinecke said he had lived in Eagan for 24 years. He said he had recently read an article about Gopher Smelting to find that they had been cited for noise, odor and pollution complaints in 1987, 1988, 1989 and 1990. Mr. Heinecke said he had raised four children near Gopher Smelting and was concerned about their health. He said he had complained for years and had gotten nowhere. He went on to say that air quality is also a joke. He said that a smoke stack had fallen down at Gopher Smelting many 9(.217 Page 12/EAGAN CITY COUNCIL MINUTES September 4, 1990 months ago and was yet to be replaced. He asked who would know how far the lead from those smoke stacks is travelling and how much is buried around there that no one checks. He then asked about groundwater contamination and whether there is lead in the well water. In addition, Mr. Heinecke said Koch Refinery is polluting the City and that the City has been negligent as well as the MPCA Mayor Egan asked Mr. Heinecke if he had had his well checked as to lead contamination. Mr. Heinecke said no but asked what good it would do. Mayor Egan then asked Commissioner Chapdelaine what the County's responsibility was for wells. Commissioner Chapdelaine said they would check Mr. Heinecke's well for contamination. Councilmember Pawlenty said he lives in the general area of Gopher Smelting and has talked to the neighbors about the problem. He said if there was anything the City could do, they would do it. The Councilmember said beyond applying pressure on the State, he did not know what else could be done. Mr. Willard Heuer said he lives close to Gopher Smelting and at 3:30 this afternoon had to close the windows. He said that sometimes during the night, he has to move to another room to sleep when they are cleaning the smoke stacks. He said he did not know if, in addition to the other problems with Gopher Smelting, they wanted heavy equipment being operated on the site. Ms. Barbara VanAuken said that the property is owned by Gopher Smelting, however, the applicant for the conditional use permit is Inter Track and they have no connection to Gopher Smelting. Mayor Egan related that he had shared many late evenings with residents regarding Gopher Smelting. He said the City is not the regulating jurisdiction and while the City can report any violations, it is up to the County and the Minnesota Pollution Control Agency to enforce. He said there would be strict sanctions if the City were to try to enforce regulations against an unrelated issue. Councilmember McCrea suggested that the Council take action on the application and then put their concerns in writing to the County and the MPCA. Councilmember Gustafson said he agreed and he recommended that staff be directed to compose letters to the MPCA and County demanding that they enforce what they are responsible for enforcing that we believe they are not presently doing. Gustafson moved, Wachter seconded a motion to approve the conditional use permit for sales and service of trucks /equipment, and open storage in a light industrial zoning district as requested by Gopher Smelting and Refining for a site located on the northeast corner of the section of Highway 149 and Yankee Doodle Road at the end of Kutoff Court. In addition, the conditional use permit is to be subject to the following conditions: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. A site plan shall be submitted showing parking lot improvements and a grading, drainage and erosion control plan. 3. The east half of the parking lot that will be used for storing equipment shall have six inches of recycled bituminous subject to periodic inspections to insure that dust control is adequate. 4. All other applicable City Codes. Mayor Egan asked the City Attorney if a condition of approval could be that adequate dust control measures be taken subject to periodic review. The City Attorney said that the conditional use permit ordinance gives a list of standards that the applicant has to meet. In addition, it allows the City Council to impose standards that are reasonable in terms of use of the property and the health, safety and welfare of the citizens of the City. He added that if the City can define a standard in order for the applicant's conditional use permit to be valid, then the City Council has the right to inspect the condition to see if it is being met. If it is not, upon notice from the City, the applicant can either bring the issue up to standard or face a hearing before the City Council. Councilmember Pawlenty asked if adding conditions to a conditional use permit was the appropriate vehicle. Councilmember Pawlenty said it was his understanding Page 13/EAGAN CITY COUNCIL MINUTES September 4, 1990 0(219 that if the applicant met the conditions of the ordinance, they were entitled to a conditional use permit. City Attorney Sheldon said that the conditional use permit process had been revised and a list of standards to be met was outlined in the ordinance. However, he added that the Council had the right to include additional conditions as they felt reasonable to the application. Aye: 5 Nay: 0 McCrea moved, Wachter seconded a motion that Staff draft very strong Individual letters to the Minnesota Pollution Control Agency, the Environmental Protection Agency and the Dakota County Commissioners regarding Gopher Smelting and demand a response within a certain time period and that the letter refer to past history regarding previous contacts on this issue. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT /REVISED PRELIMINARY PLAT WOODLANDS NORTH ADDITION After introduction by Mayor Egan, the City Administrator said that this item had appeared before the Advisory Planning Commission on August 28 and that the APC had recommended approval. The Director of Community Development said that the applicant was requesting a change to what had originally been approved for this plat with the addition of ten twinhome units on 14 acres. He said the applicant was also requesting a 50 foot right -of -way with 28 foot street for a looping street through the project referred to as Street A. Director of Public Works Colbert said that according to the potential traffic generated on Street A, the street right -of -way width should be 60 foot wide and the road width, 32 foot face to face. Mr. Colbert said that if the developer wished to pursue a reduced width roadway, it should be done through a variance so it did not set a precedent. Councilmember McCrea said that if the Director of Public Works had concerns regarding traffic and parking, that perhaps it would be advisable not to allow on- street parking. Mr. Colbert said he would hesitate to recommend no on- street parking when it would be the only residential area in Eagan with such a ban. Gustafson moved, Wachter seconded a motion to approve a planned development amendment allowing 72 duplex Lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14. Aye: 5 Nay: 0 Before making a motion to approve the preliminary plat, Councilmember Gustafson said his motion was subject to an additional condition regarding the width of Street A and that the reduced street width was recommended for the following reasons: 1) because of the circular road configuration, a case could be made that half of all vehicle traffic would go one way and half the other, 2) because these are townhomes, they statistically average 6 or 7 vehicle trips per day versus 10 in single family, and 3) because of a five year observable history for a similar development in Eagan substantiating the lower occupancy and fewer trip generations. Gustafson moved, McCrea seconded a motion to approve the revised preliminary plat consisting of 72 duplex lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14 subject to the following conditions: 1. These standard conditions of plat approved as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fi, 01, and Hi. 2. A revised planned development agreement shall be entered into. 3. Setbacks in the duplex area shall be allowed as per the development plan. Page 14/EAGAN CITY COUNCIL MINUTES September 4, 1990 4. A copy of the Homeowner's Association Bylaws shall be submitted to the City Attorney's office for review and approval. 5. All trash and recycling materials shall be contained within the unit until the day of pickup. 6. No driveway access shall be allowed onto Elrene Road.. 7. The development is required to comply with the requirements of the City's comprehensive water quality management plan. 8. That a 50 foot right -of -way with 28 foot street width be allowed for Street A. Aye: 5 Nay: 0 CONDITIONAL USE PERMITB J TRANSPORT After introduction by Mayor Egan, the City Administrator said that this item had been before the Advisory Planning Commission on August 28 and the APC was recommending approval. Mr. Mike Hedstrom of B J Transport said he wished to thank the City Council for their cooperation. However, he wished to contest one condition that was placed on their application at the Advisory Planning Commission meeting. Mr. Hedstrom said he did not believe that sealcoating should be a condition of their approval. While he did not disagree that the parking lot would eventually need to be sealcoated, he did not feel it was necessary at this time. Mr. Hedstrom then presented pictures in support of that position. After agreeing that sealcoating should be left to the discretion of the applicant, McCrea moved, Wachter seconded, a motion to approve the conditional use permit to allow a truck terminal in a light industrial zoned area for B J Transport Inc., for Lot 1, Block 5, Eagandale Center Industrial Park, subject to the following conditions: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. Driveway openings shall be widened to at least 30 feet and 25 feet radii shall be provided. 3. All applicable City Codes shall be complied with. Condition #4 requiring that the parking lot shall be cleaned and sealcoated was eliminated. Aye: 5 Nay: 0 SIBLEY INDUSTRIAL TFRMJNAI.IME'TAL CLAD BUILDING The Director of Community Development wished to inform the City Council that a building permit had been requested for a steel building in the Sibley Industrial Terminal and that the building permit was in the process of being issued. TRAILWAY/WEST PUBLISHING The Director of Community Development said that at the Advisory Planning Commission meeting, a review of the application for West included a trail which is presently proposed for the east side of the property. Questions had arisen as to whether this is the most suitable location for the trailway and West Publishing has asked that the issue be referred back to the Advisory Parks and Recreation Commission. Mr. Runkle said that staff was still negotiating the issue. PROJECT LONE OAK CHURCH McCrea moved, Gustafson seconded a motion to receive the petition/authorize a feasibility report (Trinity Lone Oak Church Utilities). Aye: 5 Nay: 0 Page 15/EAGAN CITY COUNCIL MINUTES September 4, 1990 N.O t S FJMEMBERSHIP DUES City Administrator Hedges said the City had received a request regarding dues for the upcoming year. He said strides were being made nationally on the noise issue .with the City heavily involved in support of these efforts. Mr. Hedges said that present dues were S1,050 each year and the N.O.I.S.E. organization was asking what type of increase the City would support. After additional discussion, Egan moved, Pawlenty seconded a motion recommending a ten percent increase in the membership dues for next year for the N.O.LS.E. organization. Aye: 4 Nay: 1 (Wachter) AMM/MEMBERSHIP DUES INCREASE The City Administrator said the City had received a request from the AMM regarding what level of support the City would approve regarding the stepped -up hiring of an additional lobbyist. Mr. Hedges said the present dues for AMM for 1990 are $4,139 per year and the AMM is proposing an increase to $4,922 in 1991. Mr. Hedges said it would be up to the City Council as to whether or not they felt that the AMM had accomplished the task before them or not. He said that a study commission had concluded that the AMM needed more people to have an impact on the Legislature. Councilmember McCrea asked what the benefits were from this organization and how it benefitted the City. City Administrator Hedges said he had been a little disappointed in the AMM and the LMC. He said their agenda has not always been the City's agenda. He said he was not sure that adding an additional lobbyist was going to accomplish what was intended. Wachter moved, Egan seconded a motion to deny an increase in membership dues for the AMM. Aye: 5 Nay: 0 MINNESOTA PUBLIC RADIO/RESOLUTION Mayor Egan said he had received a request from Minnesota Public Radio asking that the City pass a resolution giving the City's authorization for the issue to be on an MWCC agenda. Councilmember Gustafson said after the last resolution was not endorsed, the MPR went back to the MWCC requesting that they be placed on an agenda. The MWCC said MPR would only be placed on an agenda if the City of Eagan requested it. Direction was given to the City Administrator to do what was necessary for the MWCC to place Minnesota Public Radio on a future agenda. This should be done with the understanding that a resolution could not be passed by the City Council prior to a public hearing before the Advisory Planning Commission on the issue. STAFF NOTES Councilmember Pawlenty wished it pointed out to the City Council that the trailway next to the Tillery property had been lowered without City permission or consultation. Councilmember Pawlenty said that he had also been contacted by residents regarding wood sales. Staff has contacted an individual regarding this issue, however, nothing further can be done without a change in the ordinance. Page 16/EAGAN CITY COUNCIL MINUTES September 4, 1990 QIFC LIST Wachter moved, Egan seconded a motion to approve the checklist for September 4, 1990 in the amount of 51,738,224.94. Aye: 5 Nay: 0 ADJOURNMENT The meeting was adjourned at 12:07 a.m. on September 5, 1990. CITY OF EAGAN KF EXHIBIT A PLUMBING LICENSES SEPTEMBER 4, 1990 1. Boutin Plumbing Heating 2. Coppin Plumbing Company 3. Lake Harriet Plumbing Heating 4. Marque Plumbing, Inc. 5. Polar Plumbing 6. Salzer Plumbing