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1991-03-05 City Council Minutes EXHIBIT A CITY OF EAGAN RESOLUTION CONCERNING MINNESOTA GOVERNOR CARLSONS STATEMENT ON INCINERATION AND THE CITY OF EAGAN'S POSITION ON ALTERNATIVES TO INCINERATION Whereas, the Governor of the State of Minnesota will support and pursue legislation that would accomplish a moratorium and prohibit new solid waste incinerators, and Whereas, the Governor of the State of Minnesota, in recognition of • the public health concerns associated with the proper disposal of infectious medical waste, believes Minnesota must consider incineration, along with other technologies, as a disposal option for this waste stream only, and Whereat the City of Eagan supports solid waste management strategies that promote more environmentally sound and less costly alternatives than solid waste incinerators. These alternatives include: * Maximized waste reduction and materials reuse; • Mandatory recycling of all recyclable materials; • Composting of all organic materials. Now, therefore, be it resolved; that the City of Eagan supports a moratorium and prohibition of new solid waste incinerators through legislation or any other administrative means, and Be it further resolved, that the City of Eagan encourages and supports legislative enactments of solid waste management strategies that maximize and implement the use of more environmentally sound and less costly alternatives, including education, maximized waste reduction and materials reuse, mandatory recycling of all recyclable materials, composting of all organic materials, and the reduction and safe disposal of hazardous wastes, both residential and commercial. TD 3/5/91 - i EXHIBIT B/PAGE 1 Metropolitan Waste Control e&W11fsson Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 March 5, 1991 Mr. Thomas Hedges ,-LE Ct:'r'i`.~ City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: The purpose of this letter is to discuss the schedule for completion of incinerator odor control improvements at the Seneca Wastewater Treatment Plant. Article 3.3b of the Eagan Development Agreement states "If the MWCC approves incineration, in whole or in part, for sludge management based on the recommendations of the Residual Solids Management (RSM) Study, as soon as possible, but no later than October 1, 1991, incinerator odor control methods shall be fully operational". Because of developments outlined below, the completion of the incinerator odor control improvements is currently scheduled for December 31, 1992. In an effort to remediate potential impacts due to this delay the Commission is pursuing several options. A contract has recently been awarded for the purchase of the major pieces of incinerator odor control equipment. The proposed completion date of December 31, 1992 is based on standard requirements for fabrication and installation of this equipment, however we will actively investigate the possibility of accelerating this process with the goal of an earlier completion date. Additionally, the Commission will commence with a testing program designed to identify possible operational modifications which can be implemented between October 1, 1991 and December 31, 1992. These modifications would be designed to mitigate incinerator odors resulting from certain climatic conditions or process upsets within the treatment plant itself. Our goal is to complete the necessary improvements at the earliest possible date, and to minimize the occurrence of nuisance odors coming from the incinerators. The current delays associated with completion of this portion of the project are the result of several developments which have taken place over the past 18 months. The RSM study completed in March, 1989 recommended continued operation of the Seneca incinerators for sludge processing plus the development of a program for land application of stabilized sludge. A related engineering report prepared by Malcolm Pirnie, Inc. concluded that afterburners represented the best available technology for incinerator odor control. Equal Opportunity/Affirmative Action Employer EXHIBIT B/PAGE 2 nr, Mr. Thomas Hedges Page Two March 5, 1991 HDR Engineering, Inc. was retained in the summer of 1989 to design the improvements necessary for implementation of the RSM recommendations. This comprehensive project contained new sludge processing equipment, new odor control equipment for the solids processing building, rehabilitation of the incinerators, and new incinerator emission control equipment including afterburners. Since the Development Agreement requires completion of incinerator odor control by October 1,1991 and completion of the remainder of the project by July 31,1993 it was originally planned that the incinerator work be designed and constructed as an independent project which would meet the 1991 deadline. However, designing and • constructing the incinerator odor control and remaining sludge processing improvements as two separate projects carried the risk of unacceptable coordination problems. Operation of the incinerators is directly related to the other associated sludge handling processes and support facilities in the solids processing building. Consequently an integrated design effort was required to ensure continuity of the design parameters for all of the process equipment and to minimize potential coordination conflicts during design and construction. Therefore the decision was made to defer the preparation of construction documents for incinerator odor control until after a comprehensive design report could be written which addressed all other improvements in. the solids processing building. The subsequent design report issued by HDR and transmitted to the city in March, 1990 noted the fact that incinerator improvements could not be completed by October 1, 1990 but also suggested options for completing the work as soon as possible. Most notably it was recommended that incineration equipment be prepurchased under separate procurement contracts. This will facilitate early fabrication and delivery allowing installation to begin immediately after execution of the construction contract. The current schedule is as follows: - February, 1991 Award contract for purchase of incinerator odor control equipment - September, 1991 Award contract for construction of improvements to the Seneca solids processing building - March, 1992 Begin Installation of incinerator odor control equipment - December 31, 1992 Complete incinerator odor control improvements - July 31, 1993 Complete all improvements to the Seneca solids processing building EXHIBIT B/PAGE # Mr. Thomas Hedges Page Three March 5, 1991 The completion date for incinerator odor control has also been delayed because of time required for evaluation of design modifications which were made following completion of the design report. These changes relate to heat recovery and sludge dewatering and are expected to result in a more reliable and cost effective installation. The heat recovery changes were outlined in our letter to you dated August 10, 1990. The other change relates to the selection of sludge dewatering equipment. Gravity belt thickeners and belt filter presses were originally selected for sludge thickening and dewatering. During the design phase (preparation of plans and specifications) we evaluated the use of centrifuges as an alternative for sludge processing. This evaluation resulted in a several month delay in the schedule however the subsequent decision to install centrifuges has two significant advantages. Because of recent improvements in centrifuge technology, a drier sludge will be produced resulting in reduced consumption of natural gas and a corresponding energy savings in excess of $1,000,000 over the life of the project. Enhanced building odor control is another important benefit. Gravity belt thickeners and belt filter presses expose the sewage to atmosphere over large surface areas. This equipment would likely have been the single highest source of odors in the solids processing building. With centrifuges, all of the sludge is contained in sealed equipment. Atmospheric odor releases are virtually eliminated by conveying all vented gases through an enclosed piping system to the new odor control equipment. Transmitted for your information and independent review by the city's engineering consultant are the following documents which further describe the aforementioned design modifications: Technical Memorandum Seneca Sludge Handling Improvements Preliminary Centrifuge Evaluation Technical Memorandum Seneca Sludge Handling Improvements Additional Thickening and Dewatering Information Addendum No. 1 Technical Memorandum No. 7 Seneca Sludge Handling Improvements Incinerator Odor Control and Emission Improvements Evaluation EXHIBIT B/PAGE 4 6' Mr. Thomas Hedges Page Four March 5, 1991 At your convenience we would like to further review these issues and discuss the potential need for an amendment to the Eagan Development Agreement. Please do not hesitate to call if you have any questions. Very truly yours, , Gordon 0. Voss Chief Administrator GOV:HPV:jle L4.HPV cc: Jeanne Matross Pauline Langsdorf Rebecca Flood Jim Wawra Ray Payne Will Haapala Bryce Pickart i.! l f 'M" ~1J MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 5, 1991 A regular meeting of the Eagan City Council was held on Tuesday, March 5, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. The following changes were recommended to the agenda for the March 5, 1991, regular City Council meeting: Item J, Consent Agenda, Development Agreement and Cooperation Agreement with Dakota County HRA regarding Senior Housing/Health Center Addition, remove from Consent Agenda for discussion. Item S, Consent Agenda, Final Plat, Coventry Pass 3rd Addition, request to continue to the March 19, 1991 regular City Council meeting. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the March 5, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmember Pawlenty recommended the following addition to the February 19, 1991, regular City Council minutes: Page 7, paragraph 2, first sentence, add the word "currently" between the words "could" and "open." Wachter moved, Gustafson seconded a motion to approve the minutes of the February 19, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 >gk.ft'1IEN`!' HEAISjl)~S~flf~(~L7't'M'1t? S Mayor Egan recognized the achievements of Ron Meyers, Eagan Volunteer Firefighter, who has been named Minnesota Fire Safety Educator of the Year, and Mike Reardon, Cable Coordinator, who has been elected President of MACTA. In regard to Item M, Project 603, Wilderness Run Road-Upgrade, Mayor Egan asked the Director of Public Works how many properties that abut this improvement would be assessable. Mr. Colbert said the feasibility report would indicate the method of financing including assessment or State aid funds. Mayor Egan asked if it was likely 100 percent would be paid through State aid funds. Mr. Colbert said other than some possible assessments and obligations of adjacent park property as well as some outlots that haven't been developed, funds would have to come from the Major Street Fund. The Council then discussed Item F, Resolution, Dakota County Solid Waste Management Strategy. Councilmember Pawlenty said he had spoken to Terry Davis, a member of the City's Solid Waste Abatement Commission and the Dakota County Citizens Against Burning, regarding the City Council's decision to reiterate an earlier resolution concerning the Dakota County burn facility. In light of Governor Carlson's recent news release regarding incineration, Councilmember Pawlenty said that Mr. Davis had suggested the City Council Page 2/EAGAN CITY COUNCIL MINUTES March 5, 1991 endorse or otherwise encourage the Governor's initiative or the Legislature's efforts to consider a temporary or permanent moratorium on incineration. The Councilmember said that the Attorney General had since issued an opinion that the Governor does not have the authority to issue a moratorium in this regard, but the Legislature and perhaps the Minnesota Pollution Control Agency, do. The Councilmember suggested the City Council look at alternate approaches to the incineration issue rather than the resolution included with Item F. He said the Council could look at the resolution Mr. Davis had offered or at least consider incorporating some of its points into the existing resolution. Mr. Terry Davis of 4895 Safari Pass said he was suggesting a different approach as a result of the press release issued by Governor Carlson. He said it allowed the City to take a more positive approach and leadership role with regard to supporting the Governor's concepts of managing solid waste, directing the attention more to alternatives to incineration, and encouraging the Legislature to declare a moratorium on incineration. Mr. Davis said this action would reinforce the perception of the City as a leader in this area. He said if it could be done in a positive manner, it would encourage other cities to do the same. Councilmember Wachter said as an advocate of recycling, he did not feel comfortable telling the County to do whatever was necessary and perhaps the City should come out with an opinion before spending $147,000,000 on the incinerator. After discussing support for the resolution, Councilmember Gustafson said that he was not in favor of incinerators but was uncomfortable with the statement that incinerators shall be banned. Councilmember Pawlenty said while he respected that point, the reference in the resolution to a moratorium was rather general. He said there have been proposals of a temporary moratorium to study the issue for one or two years, a permanent moratorium and a moratorium on everything except certain items. Councilmember Gustafson said he would be in support of language to support the Governor's decision on the issue of incineration, but would feel uncomfortable putting the City in the position of saying a burn facility shall never occur. Councilmember McCrea said Eagan should take a strong leadership. She said the City did not have the authority to stop the burn facility from being built, but could express only the City's position on such a facility. Mayor Egan said referring the resolution to staff should resolve such issues and refine it to the point where it's acceptable to the entire Council. Councilmember Pawlenty asked that before a final vote is taken at the next meeting, that background on the moratorium debate be provided to the Council, including the pros and cons of such a moratorium. Pawlenty moved, Wachter seconded a motion to continue Consent Agenda Item F, "Resolution for Dakota County Solid Waste Management Strategy," to the March 19, 1991 regular City Council meeting with direction to staff that the resolution be restated to incorporate the points presented in the proposed draft resolution provided by Terry Davis (see Exhibit A). Aye: 5 Nay: 0 A. Personnel Items 1. It was recommended that the bargaining agreement settlement with the Police Association for the 1990/1991 contract be approved. 2. It was recommended that the updated City of Eagan Affirmative Action Plan be submitted to the State of Minnesota Department of Human Rights for recertification. 3. It was recommended that the Hepatitis B provision agreement between the City of Eagan and City of Bloomington be approved. Page 3/EAGAN CITY COUNCIL MINUTES March 5, 1991 B. Proclamation. National Telecommunications Week. April 14-20. 1991 It was recommended that the resolution designating the week of April 14-20, 1991, as National Telecommunications Week be approved. R-91.13 C. Plumbers License It was recommended that the plumbers licenses be approved as presented. D. License. Tree Maintenance Contract or It was recommended that the tree maintenance contractor license for S & S Tree Specialists, Inc., be approved for 1991. E. MASAC Alternate Representatives It was recommended that Larry Alderks and Jon Hohenstein be appointed as the City's MASAC Alternate Representatives for 1991 and to serve until appointment of their successors in 1992. F. Resolution. Dakota County Solid Waste Management Strategy It was recommended that the resolution concerning Dakota County's solid waste management strategy be continued to the March 19, 1991 regular City Council meeting with direction to staff that the resolution be restated to incorporate the points presented in the proposed draft resolution provided by Terry Davis. G. Eagan Flag Donation/League of Minnesota Cities It was recommended that the donation of an Eagan City flag to the League of Minnesota Cities be approved. H. Consideration of Negotiated Transfer of Park Propgrty/Section 13 It was recommended that the negotiated transfer of park property be approved and the execution of the quit claim deed be authorized. 1. Ratification, 1991 General Fund Budget A iustments It was recommended that the 1991 General Fund budget adjustments be ratified as presented. J. Development Agreement and Cooperation Agreement with Dakota CountyHRA Regarding Senior Housing/Park Center Addition It was recommended that this item, Development Agreement and Cooperation Agreement with Dakota County HRA Regarding Senior Housing/Park Center Addition be moved to the first item of Old Business for further discussion. K. Vacate Utility Easement Receive Petition/Order Public Hearing (Lot 27, Block 3. Eagandale Center Industrial Park #4) It was recommended that the petition be received and a public hearing ordered to be held April 32, 1991, to consider the vacation of a utility easement for Lot 27, Block 3, Eagandale Center Industrial Park #4. Page 4/EAGAN CITY COUNCIL MINUTES March 5, 1991 L. Project 589R. Authorize Revision to Feasibility Report and New Public Hearing (Elrene Road & Trails End Road - Streets and Utilities) It was recommended that the preparation of a revised feasibility report for Project 589R (Elrene road and Trails End Road - Streets & Utilities) be authorized. M. Project 603. Authorize Feasibility Report 'Wilderness Run Road - Upgrade) It was recommended that preparation of a feasibility report be authorized for Project 603 (East Wilderness Run Road - Upgrade). N. Project 608. Authorize Feasibility Report (Eagandale Center Industrial Park #3 & #4 - Overlay) It was recommended that preparation of a feasibility report be authorized for Project 608 (Eagandale Center Industrial Park #3 & #4 - Overlay). 0. Project 566. Present Final Assessment Roll/Order Public Hearing (Coventry Pass Addition - Trunk Sanitary & Storm Sewer) It was recommended that the final assessment roll for Project 566 (Coventry Pass Addition - Trunk Sanitary & Storm Sewer) be received and the public hearing ordered to be held April 2, 1991. P. Project 610. Receive Petition /Authorize Feasibility Report and Detailed Plans and Specifications (Oaks of Bridgewater 2nd Addition - Streets & Utilities) It was recommended that the petition for Project 610 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) be received and the preparation of a feasibility report and detailed plans and specifications authorized. 0. Contract 90-13. Approve Plans/Authorize Advertisement for Bids (Water Quality Pond JP-67 & Effress Addition - Storm Sewer) It was recommended that the plans for Contract 90-13 (Water Quality Pond JP-67 & Effress Addition - Storm Sewer) be approved and the advertisement for a bid opening authorized to be held at 10:00 a.m., March 28, 1991. R. Project 89-DD, Acknowledge Completion/Authorize City Maintenance (Woodlands 3rd Addition - Streets & Utilities) It was recommended that the completion of Project 89-DD (Woodlands 3rd Addition - Streets & Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. S. Final Plat. Coventry Pass 3rd Addition It was recommended that the final plat for Coventry Pass 3rd Addition be continued indefinitely. With the removal of Item J, Development Agreement and Cooperation Agreement with Dakota County HRA Regarding Senior Housing/Park Center Addition, to the first item of Old Business, Wachter moved, Gustafson seconded a motion to approve the remainder of the Consent Agenda. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES March 5, 1991 FINAL ASSESSMENT HEARING/CRAY ADDITION Mayor Egan introduced this item as Project 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer). City Administrator Hedges said that all information had been sent to Cray Research and no concerns had been expressed by Cray regarding the assessments for this project. Mayor Egan added that this was a developer requested project, costs were in keeping with those estimated in the feasibility report and there was no one in the audience to address the issue. Gustafson moved, McCrea seconded a motion to close the public hearing and approve the final assessment roll for Project 571, Cray Addition - Trunk Storm Sewer and authorize its certification to Dakota County. Aye: 5 Nay: 0 CONSENT AGENDA/ITEM J/AGREEMENTS DAKOTA COUNTY HRA SENIOR HOUSING Mayor Egan introduced this item as Development Agreement and Cooperation Agreement with Dakota County HRA Regarding the Senior Housing/Park Center Addition. City Administrator Hedges apologized that this item was included with the Consent Agenda when additional discussion would be needed regarding a policy question relating to the application, processing and development fees for the senior housing project. The City Administrator said consideration of this item could be divided into two areas having to do with: 1) the agreements relative to the City's senior housing project and 2) a waiver of all or part of the fees normally associated with a development. Mr. Hedges noted that the $1,000,000 being contributed by the City toward this project, is being funded through a single-family mortgage bond issue of 1980. City Administrator Hedges said there had been a request to waive all or part of the application, processing and development fees for the senior housing project. He said there had been a concern that the park dedication fees not be waived if park dedication fees earmarked for senior needs could not be collected. He said staff members from Community Development and Parks & Recreation would be meeting with Mark Ulfers of the HRA to discuss how the congregate care portion of the senior housing project would provide senior activity for other seniors in the community. He said staff is confident that the facility's design will satisfy the needs of the park dedication. The City Administrator then addressed the water quality fees. He said those fees had already been satisfied through the planning process with the subdivision adjacent to the senior housing. He said the fees being proposed to be waived are the platting fees or the City fees normally collected with a development. Mr. Hedges said the out-of-pocket fees, such as SAC, WAC, or any kind of building permit surcharge for the State of Minnesota, would become a project expense against the project as would all public improvements. The City Administrator said such an approach would be consistent with other City-owned buildings, such as a fire station, water treatment facility, etc. Councilmember McCrea asked the City Attorney, since the City was dealing with another government entity, whether there might be some controversy or legal questions regarding the waiver of fees from a project development standpoint. The City Attorney said he could not rule out any controversy, however, the City Council would have no difficulty waiving fees that go to the City. Councilmember McCrea then asked about preferential treatment being given to Eagan residents and Eagan senior citizens in admission to the senior housing facility. The Director of Community Development said Page 6/EAGAN CITY COUNCIL MINUTES March 5, 1991 that with respect to 25 of the rental units, Eagan residents would be given a preference and priority of placement in the project. He added that with respect to the remaining 40 rental units, Dakota County residents would be given a preference and priority of placement. Councilmember McCrea asked why it could not be 100 percent for Eagan residents. Director of Community Development Runkle said that since the City is looking to the Dakota County HRA for funding, certain allowances would appropriately be made for other Dakota County residents. Mayor Egan asked Mark Ulfers of the HRA what percentage of those in the Lakeville senior housing facility were Lakeville residents. Mr. Ulfers said almost all were Lakeville residents or parents of Lakeville residents. Mayor Egan asked if there would be a problem with the HRA if the City of Eagan attempted to do something similar. Mr. Ulfers said they were only attempting to recognize the funding sources and since one was a County-wide source and one was a City source, the percentages were based on those proportions. Mr. Ulfers added that he was confident that Eagan residents and the parents of Eagan residents would be the prime beneficiaries of this facility. Councilmember McCrea asked if time of residency had been considered as a criteria. Mr. Ulfers said current status is the only consideration, however, people moving to the area to be eligible for residency has not been a problem in the past. Councilmember McCrea asked Mr. Ulfers if the Lakeville facility was 100 percent occupied at the time of completion. Mr. Ulfers said yes and while Lakeville is a smaller and older community, they expect a similar situation in Eagan. Mr. Ulfers said for Council's information, 119 senior households have contacted the HRA already regarding this project. City Administrator Hedges said that a waiver of certain City fees have been requested because the HRA has always been considered an arm of the City. Mayor Egan asked Director of Community Development Runkle for the total amount of fees requested for waiver and was told it amounted to perhaps $2,000. McCrea moved, Gustafson seconded a motion to approve the development agreement by and between the City of Eagan and the Dakota County HRA relative to the Senior Housing Project, Park Center Addition. Aye: 5 Nay: 0 McCrea moved, Wachter seconded a motion to approve the cooperation agreement by and between the City of Eagan and the Dakota County HRA relative to the same matter. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to waive those application, processing and development fees for the senior housing project as recommended. Aye: 5 Nay. 0 Mr. Mark Ulfers said he appreciated the commitment the City was making to the project. He said it was an excellent project and the HRA looks forward to working with the City on it. O , : S:I S PRELIMINARY PLAT EXTENSION/POPPLER ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for the Poppler Addition. City Administrator Hedges said staff had reviewed the request for extension and pointed out that Mr. Rollie Crawford was in the audience to represent the Poppler family. Director of Community Development Runkle said that the request before the Council was a preliminary plat extension. He said it was originally approved on January 16, 1990 with such approval valid for one year. Mr. Runkle said City staff had met and reviewed the application and suggested the addition of Condition H1, which requires that "All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action." Mr. Rollie Crawford, of Levander, Gillen & Miller, spoke on behalf of the Poppler family. Mr. Crawford said the preliminary plat for the Poppler Addition had been approved but the property had not been Page 7/EAGAN CITY COUNCIL MINUTES March 5, 1991 final platted because of the City's financial conditions of approval. He said the City was asking for a number of things including the dedication of an easement not on the property being platted but on property previously platted across the street. He said they understood the necessity for a wider easement in order to properly maintain the sewer. Mr. Crawford said the City was also asking for a ponding easement for Lemay lake on the previously platted property as well as on the property to be platted now. In addition, he said the City had requested a ponding easement for the storm water system on the platted property. Mr. Crawford said the area taken up by the pond is the equivalent of one lot. He said this pond serves a very large area in the City's storm water drainage and added that the City is getting, if it is platted as a part of the plat in question, the equivalent of one City lot with a value to the Popplers of approximately $30,000. In addition, if there were a formal taking, the cost of easements not on the property being platted could be as much as $8000-$9000 for the storm sewer widening and perhaps as much as $4000 for the ponding easement area. He said the Popplers were willing to convey those easements, not as part of the platting because it isn't part of the plat, by legal document in return for an agreement to delete some of the assessments. Mr. Crawford said they disagree with some of the assessments as they believe they have been paid previously. The remaining $4700 in assessments for a area trunk storm sewer assessment, should more than offset by the large ponding area worth $30,000 being dedicated as part of the City's storm water system. Mr. Crawford asked that the City Council vary the normal platting procedures which would impose those requirements as well as the imposition of $2300 in park and trail fees. Mr. Crawford said the property being dedicated by Lemay Lake under an easement there is park and open space and ponding area. He said this was a very small subdivision of one or two lots and the Popplers would like the preliminary plat to be extended with an agreement being entered into that would allow the plat to move forward. Mayor Egan said it appeared to come down to the financial issue and credit for off-site easement acquisitions. Mr. Crawford said there were two concerns about assessments in the amounts of $1,380 and $4,408. Mayor Egan asked the City Attorney about the legality of giving credit to a developer for easements granted for off-site property. The City Attorney said it was not prohibited. Mr. Crawford said that the Popplers believe they have paid their assessments, however, he agreed the records for some of these projects were very old. He went on to say that the cost of investigating and determining whether the assessments had been paid and then contesting that finding, if necessary, would exceed the amount of the assessments. He appealed to the City Council to waive the assessments. Mayor Egan asked that staff research the assessment payments. Councilmember Gustafson questioned why the applicant, who owes the City $6,788 in assessments, would be willing to trade what sounded like $44,000 in easements for that amount. Mr. Crawford said that the ponding area was equivalent in value to a City lot, however, they were not making a claim for that amount but would rather have the issue resolved and the property final platted. Councilmember McCrea said she would not support such a proposal on a routine basis or waive any kind of fees for easement dedications; however, considering the history of this property, in this case she felt it was justified. Councilmember Gustafson said it was not a practice of the City to "waive" such fees and perhaps a "trade" would be more appropriate. Councilmember Gustafson then asked the City Attorney whether it was standard practice or a permissible practice when considering a plat extension to make an easement on previously platted property a condition of approval. City Attorney Sheldon said it was unusual to require something on previously platted property, however, this property was all under one ownership at one time. Councilmember Wachter then asked how much area drained into the pond on the Poppler property and asked whether it was runoff from considerably more area than just the Poppler property. Director of Public Works Colbert said that while he could not give a definitive answer, the area is relatively small and the pond has no outlet to Lemay Lake. Mayor Egan asked if it was ever designed to have an outlet to Lemay Lake and Mr. Colbert said that the comprehensive storm sewer plan does show that eventually there could be an outlet, however, from a water quality standpoint it is something they would try to discourage. City Councilmember Wachter then asked what value the ponding area had to the overall plan. Mr. Colbert said it was identified in the Master Plan, however, it was not incorporated into the City's existing storm sewer system. Mr. Colbert went on to add that it would not be incorporated unless it became absolutely necessary. Page 8/EAGAN CITY COUNCIL MINUTES March 5, 1991 Mayor Egan said he had personally been involved in attempting to resolve the issues surrounding this property but because the property was platted in 1962, it is very difficult to identify payment of costs. Mayor Egan said that because of that, he felt it was a unique situation and rather than a waiver, it could be considered an exchange of fees for easements on previously platted property. Councilmember Gustafson said he would concur with an exchange of property easements for assessment fees. Councilmember Pawlenty asked that City Attorney Sheldon reflect this discussion when he worked out the agreements with the Popplers. He said it should be made dear that this was not a waiver, but rather the City trading fees for easements that are needed by the City. Councilmember Pawlenty said the City also needed to be mindful of an additional condition which stated, "Staff is basically in agreement with the applicant in that a 24 foot wide street could be constructed over the existing 20 foot wide driveway by adding curbing and doing an overlay if the subgrade is capable of supporting it. A storm sewer is necessary, however, only a small amount may be needed depending on how the street grades are designed. Staff also feels that detailed plan specifications, along with verification of the subgrade, is necessary before the construction begins." Mr. Crawford said the applicant was in concurrence with this condition. The City Attorney said that before Council took action, he would suggest that they not extend the preliminary plat until they had an agreement in hand for review. Gustafson moved, McCrea seconded a motion to continue consideration of an extension of the preliminary plat for the Poppler Homestead 2nd Addition indefinitely with instructions to staff to work out an appropriate agreement with the applicant to be returned to the City Council at the next available City Council meeting for approval. Aye: 5 Nay: 0 SENECA PLANT DEVELOPMENT AGREEMENT ODOR CONTROL SCHEDULE REVISION Mayor Egan introduced this item as Consideration of the Seneca Plant Development Agreement, Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements. City Administrator Hedges said the City Council, staff and members of the community had worked on the most recent mediation process concerning incinerator odor control improvements at the Seneca Plant and now another issue had presented itself to the City. Mr. Hedges said the Metropolitan Waste Control Commission had approached the City regarding a delay in the actual installation and operation of the odor control equipment proposed for Seneca. He said the question proposed to the City was whether they would consider an extension to the October 1, 1991 schedule as called for in the agreement. When this was proposed to the City, Mr. Hedges said that questions arose as to what the changes would mean and whether they were for the betterment of the project or the community. He said there is tremendous apprehension in delaying, particularly if it would be delayed another year or through the summer when odor problems are more noticeable. At the time, the MWCC stated they would prepare a letter for review by the City. Mr. Hedges said the letter was received and it was reviewed by the odor control committee and they have raised a number of concerns, especially in regard to a delay to the October 1 deadline, because it has been an understanding since the agreement was exercised. He said City staff had been involved and a consultant has been used to evaluate any changes proposed to the system. Mr. Hedges said the proposed system improvements seemed good for the project, but the delay has been at issue. City Administrator Hedges said that he, Mayor Egan, Director of Community Development Runkle, and Senior Planner Kristy Marnin had met earlier in the day with the Acting Chairman of the MWCC. He said this meeting was coordinated by Metropolitan Council Representative Margaret Schreiner, and they had discussed what mitigating measures could be taken pertinent to the delay and what the improvements meant to the project Page 9/EAGAN CITY COUNCIL MINUTES March 5, 1991 and the City and what types of mitigating measures could be taken to attempt to accelerate the improvements without presenting a dilemma to the neighbors as well as the City. Mayor Egan said he could not thank Margaret Schreiner enough for coordinating the meeting. He said the purpose of scheduling the meeting was the apparent lack of communication with the MWCC. He said the City had been asked to attend a meeting on January 14 without knowing the topic of the meeting. He said it was at that time they learned of the proposed change in the time sequence and a change in the methodology for the odor control systems at the Seneca Plant. Due to those changes, the MWCC said they could not meet the October 1 deadline and may need considerably more time, possibly to the end of 1992. He said the MWCC requested that they not be required to meet the completion of all odor control procedures until that time. Mayor Egan said the City requested that the MWCC draft a letter to that effect and it appears that is where communications broke down. Mayor Egan said they had advised the MWCC that this issue would be placed on this evening's agenda and they asked why that would be necessary. The Mayor informed them that there is an agreement between the City of Eagan and the MWCC and the contract very clearly states that all odor control measures would be completed by the first of October, 1991 and if the deadline were not met, they would be in default. Mayor Egan said he had spoken with a number of the neighbors and said they may have some concerns to express as well as suggestions regarding an accelerated construction schedule, including some double shifts or pre-purchase of some of the equipment. Mr. Harold Vogt, a project manager with the MWCC, said that the draft letter that had been referred to earlier had now been updated (see Exhibit B). He said the letter outlined the development that had occurred over the last twelve months that had resulted in delays. He said the letter also identifies what can be done to mitigate that delay. Mr. Vogt said the MWCC is committed to look at two areas: 1) schedule acceleration and 2) pre-purchase of major equipment. He said they have pre-purchased some of the major pieces of equipment and they are also asking the manufacturer to accelerate the filling of their order. He said when the contracts are let for construction, they will then look at contractor clauses and incentives including double-shifting. He said they will take an additional look at the operation of incinerators to see if there are operational enhancements that they can incorporate prior to October 1 and possibly incorporate modifications to mitigate the impact of the odors. Mayor Egan said that Gordon Voss, the Administrative Director of the MWCC, has admitted that the MWCC bargained on a system that came before they had received input from their engineering staff. Mayor Egan said the MWCC also admitted a default exists, but Charlie Weaver, the Acting Chair of the MWCC, stated that in his opinion, there was no room for the MWCC to negotiate. Mayor Egan said the City Council would have to consider what is being proposed to the City and what approach to take in regard to the October 1 deadline. Councilmember Gustafson asked if an amendment was not approve, what it would do to the overall agreement. Mayor Egan said the MWCC was not asking for an amendment, but wanted a variance without a formal amendment. Councilmember Gustafson then asked if the City did nothing and the deadline passed, what would occur? City Administrator Hedges said if a change to the agreement was not treated like an amendment and the October 1, 1991 deadline passed, the City's ability to enforce the agreement would be weakened. City Attorney Sheldon said that the City has a development contract with the MWCC and if the MWCC was asking for changes in the development agreement, the changes should be submitted to the City Council as an amendment so they could deal with specifics. Mayor Egan then opened the discussion to the public. Ms. Betty Bassett said the neighbors had no objection to a difference in equipment, but they did object to delaying the installation of odor controlling equipment until 1992 or 1993. She said this would constitute breaking the development agreement and if it were allowed, it would set a precedent. She said if the MWCC Page 10/EAGAN CITY COUNCIL MINUTES March 5, 1991 felt they could break agreements as it suited them, it would present a major problem. Ms. Bassett said it would be too much to ask of the neighbors and the surrounding businesses to put up with two more summers of the smell associated with the Seneca Plant. She said they have been patient, but pointed out that the City Council has the power to enforce the agreement. Ms. Bea Blomquist then spoke on behalf of the Chamber of Commerce and pointed out the effect the Seneca Plant has on businesses in Eagan. She said the Chamber of Commerce had not had the opportunity to review the design changes, however, the Chamber remains solidly behind the development agreement and is not anxious to see it changed. She said there is no doubt the MWCC is proposing what appeared to be a better design, however, the City is not going to get a timely product. She said there was no reason to give in to the delay and encouraged the City Council to do whatever it took to speed up the process. Mr. Al Ahrens, 2133 Silver Bell Road, said the MWCC's letter had upset him. He asked why the MWCC was just now checking out the centrifuge system when it was not a new design and had been used in Canada for a number of years. He then asked if the time limit for installation of a centrifuge system were ten months, why they stated in their January letter that they could not meet the October 1 deadline. Mr. Ahrens said the MWCC signed the agreement and he asked that they stick to it. Mary Ramnarine, 3785 Nicols Road, said the neighbors have waited too long and asked that the MWCC meet the deadlines. She said the residents had worked in good faith with the City and the MWCC on the agreement and asked that there be no delay. Mr. Harold Vogt of the MWCC then wished to point out that when one looks at the Seneca Plant, they are actually looking at three areas of odor control. He said odor control with liquid expansion is under construction and is still on schedule, the solids' handling is done through incinerator odor control, and the building odor control is also still on schedule. He pointed out that the delay being discussed was in regard to the incinerator odor control only. Mr. Phillip Johnson, 2113 Wuthering Heights Road, said that allowing a schedule to slip is sometimes done as an economic measure. He pointed out, however, that any agency that takes a delay as an economic measure is making a mistake. Mr. John Wesley, of 1747 Bluebell Drive, said he wished to take a different perspective. He said the City now had the opportunity to stop an incinerator. Mr. Wesley said that incinerators import two problems: 1) the discharge of smokestack and hazardous materials and 2) thousands of yards of ash that are left over from the incineration. He said that presently ten tons of this ash are being dumped per day into the wetlands of the Fort Snelling State Park. Mr. Wesley said he would prefer that the City Council seek other alternatives to incineration and would like them to direct staff to work with the Minnesota Pollution Control Agency on alternatives. He said the City should take a proactive approach. Mayor Tom Egan then closed the public testimony and returned the discussion to the City Council. The Mayor asked Mr. Vogt how the MWCC planned to incorporate some of the ideas for acceleration. Mr. Vogt said the issue could not be resolved at this meeting, however, once they have contracts with completion dates issued, they could pursue options for acceleration. In addition, he said when they prepare the specifications for actual construction, they can include incentive clauses such as double shifting, etc. However, Mr. Vogt pointed out that until the contracts are ready for award, they will not know how much time can be saved. Councilmember Pawlenty said he had additional concerns and encouraged direction to City Attorney Sheldon to outline options from a legal and practical standpoint. The City Councilmember then asked that the MWCC simultaneously come forward with their best proposal. gat.? j~G..3 Page 11/EAGAN CITY COUNCIL MINUTES March 5, 1991 Councilmember Wachter asked if there wasn't something MWCC could do as a stop gap measure to hold down the odors. He asked if those measures could be pursued and any temporary solutions presented to the City Council. Mayor Egan said the use of after-burners had been discussed as a stop gap measure. Mr. Vogt said the MWCC would look into any operating modification to implement odor control. The after-burner process cannot be duplicated but they can replicate the conditions. Mr. Vogt added that he did not know how effective it would be but it would be investigated. Councilmember Wachter said the product he was referring to was not an after-burner but was a chemical that could be applied to sludge. Mr. Vogt said he would be happy to research the issue. Councilmember Gustafson said that a great deal of time had been invested in putting together a substantive agreement. He pointed out the legal ramifications of a suit against the MWCC as all their funds also come out of the taxpayers' pockets. The Councilmember suggested that no amendment be approved but the MWCC come back with their best proposal. He said someone had to take responsibility. Mayor Egan said there seemed to be a consensus. He said it would probably come down to City Attorney Sheldon's interpretation of the City's rights and remedies under the contract, the recommendations of the technical engineering staff both in-house and from the Metcalf and Eddy firm, and any proposals from Mr. Vogt and his staff as to what the MWCC staff is capable of doing and what is feasible. The Mayor said the entire process will also have to involve the neighbors. Councilmember Pawlenty recommended that the City keep track of the amount of time and City Attorney's costs that are going to accrue to the City because of the MWCC's failure. He said he did not think the City should have to bear the cost of this problem. Mayor Egan said that when he and staff attended the meeting this afternoon, they found that the MWCC is withholding payment of certain fees to the City because they believe the City is "double dipping" or charging them for expenditures that are unwarranted and unjustified, all without regard to the problems they are causing the City. McCrea moved, Wachter seconded a motion to continue until the March 19, 1991 regular City Council meeting consideration of an amendment to the Seneca Development Agreement with direction that staff work with the MWCC and that the City Attorney investigate all available remedies, their approximate costs and long- term affects. Councilmember McCrea recommended that staff look into additional products and the use of after- burners at the Seneca Plant. She asked that the City continue to document costs so that if an amendment is made to the development agreement for Seneca it would only be done if all costs to the City were fully compensated. Councilmember Pawlenty asked that the City Attorney investigate all practical considerations with each remedy as well as the legal. Mayor Egan said that some of the remedies may be at odds with the City's allies on this issue and recommended that staff investigate the technical solutions as well. Aye: 5 Nay: 0 CITY CODE AMENDMENT/PAWN SHOP REGULATION AND LICENSING Mayor Egan introduced this item as an amendment to the ordinance, Chapter 6, "Other Business Regulation and Licensing," Section 6.44 "Pawn Shops." City Administrator Hedges said that the City Council had requested that staff prepare regulatory language in the City Code regarding pawn shops. He said amendments had been prepared and reviewed at a previous City Council meeting, however, due to additional cities preparing similar ordinances, the City Council continued the item to allow the City Attorney, Police Department and staff to do additional research. City Administrator Hedges said that while discussion of the ordinance is appropriate, it may be necessary to continue any ratification or final action on the ordinance to a later date. He said the reasons for that are the licensing aspects as well as the zoning/land use part of the formula as to what businesses or business districts within the community should be allowed to have a permitted use or conditional use. Mr. Hedges said that action could be taken on the licensing provisions and the zoning ordinance taken up at the Advisory Planning Commission to bring back to the City Council at a later date for ratification. Mr. Hedges said Page 12/EAGAN CITY COUNCIL MINUTES March 5, 1991 that the Director of Community Development had informed him that the item could be on the March Planning Commission agenda and then back to the City Council for the first meeting in April. Chief of Police Pat Geagan said that one of the concerns the Police Department has is how to capture the costs related to this issue. Chief Geagan said he did not know how the staff had arrived at the figure of $1,500 for a licensing fee, however, he said the Council should know how much time would be involved with this type of business. If the operation is well run well and is strictly regulated, it will cost the police department approximately $8,000 per year, or the equivalent of $19 per hour for one policeman, one day per week, per pawn shop. Chief Geagan said that some shops will probably take more than the eight hours and some will take less. He said there is a tremendous amount of work that goes into regulating a pawn shop and that is one of his primary concerns. Chief Geagan said one of the Councilmembers had a concern at a previous meeting regarding the period for redeeming merchandise. He said that St. Paul has a 90 day initial period and then a 30 day grace period for a total of 120 days to redeem merchandise. He said that is what is being recommended in Eagan's ordinance. He said generally people who use pawn shops are hard up for cash and if they do have a redeemable object it will probably take them awhile to put the money together to get it back. Chief Geagan said that St. Paul has about an 80% redeemable rate on the merchandise taken in at one store. After discussion of how pawn shops work, Councilmember McCrea said she was pleased that part of the investigation requires that an applicant submit all businesses they have been involved in within the last five years as well as any business partnerships. Chief of Police Geagan said that investigations for a pawn shop license will be the same as that done for a liquor license. City Attorney Sheldon said that while the information required of an applicant is similar to that for a liquor license, the discretion is less than for a liquor license because of State statute. He said, in other words, if the applicant meets the requirements of the ordinance, they can have a license. He said that necessitates having the ordinance as thorough as possible including that which is not acceptable. In response to a question from Councilmember McCrea, Chief Geagan said he thought the investigation fee of $350 was appropriate, however, the $1,500 license fee was still in question. Councilmember Gustafson expressed his concerns that because this business is a pawn shop that the City was presuming guilt. He said the credibility of the operator should not be brought into question because of the quality of their customers. He acknowledged the very real tendency for certain people to pawn that which does not belong to them. The Councilmember then discussed the appropriate licensing fee for this type of operation. He said the Police Department has indicated that the cost of regulating this type of business would be approximately $8,000 per year. The Councilmember said he did not know where a compromise would lie between the recommended $1,500 fee and the $8,000 in actual costs. Councilmember Wachter asked if it costs the City $8,000 to regulate the pawn shop business, how could they justify subsidizing this business. The Councilmember said if the City can substantiate that those are the actual costs, perhaps the licensing fee should be $8,000 per year. Councilmember Pawlenty asked City Attorney Sheldon if this application were similar to a conditional use permit where the applicant meets certain conditions and then is entitled to a permit. He asked if someone came in to the City and applied for a pawn shop license and met all conditions of the ordinance, whether the City would be bound to issue the license. City Attorney Sheldon then said this was a licensing ordinance and if the applicant met the requirements, they would be entitled to the license. The Councilmember asked the City Attorney if it was within the City's authority to add a condition that the City Council could deny a license if, in their opinion, issuance of the license would endanger health, safety and welfare. The City Attorney said that Minnesota State Statute 364 gives specific requirements about the types of occupational licenses that can be denied and this, in fact, is an occupational license. He said the State has preempted the City Council in that area and said that occupational licenses can only be denied for violations of things relating specifically to the occupation itself. In light of the Statute, Mr. Sheldon said it would be difficult for the Council to make additional Page 13/EAGAN CITY COUNCIL MINUTES March 5, 1991 room to exercise more discretion. In answer to a further question, City Attorney Sheldon said the City would have to develop standards that they intend to apply to what in essence is a retail business. He said there are three issues: 1) the licensing, 2) the fees and 3) the zoning. He said the City's zoning code is set up to be a specified rather than an incorporated code. He said by that he meant if the City wanted a specific use in a specific zone, it would be enumerated in that zone. He went on to say that if the use was not enumerated, then the Council would have to make a determination as to what zone it belonged in based on the overall zoning code. Mr. Sheldon said it had been recommended that the City Council consider asking the Advisory Planning Commission to hold public hearings to determine which zone would be appropriate for this use. Director of Community Development Runkle said they were studying two issues. He said one would be the type of retail which would probably be a CSC or highest commercial district and the other is the question of outside storage. He said outside storage is not allowed in a CSC, so all merchandise would have to be stored within or off-site. After further discussion, Gustafson moved, Pawlenty seconded a motion to approve an ordinance amendment to Chapter 6 of the City Code, "Other Business Regulation and Licensing," Section 6.44, "Pawn Shops." Aye: 5 Nay: 0 Gustafson moved, Pawlenty seconded a motion to approve an investigation fee of $350 for a pawn shop license. Aye: 5 Nay: 0 Gustafson moved that the licensing fee for a pawn shop be set at $5,000 annually. This motion failed for lack of a second. McCrea moved, Wachter seconded a motion to approve a license fee of $8,000 for pawn shops per year with the provision that after one year's experience, staff would determine whether the fee was sufficient to cover the costs to the City associated with policing a pawn shop. Aye: 5 Nay: 0 Mr. Wayne Rixman said he and his son, Mr. Brad Rixman, had met with Chief Geagan regarding establishing an ordinance and at that time had asked the costs. He said Chief Geagan had said the costs were somewhat open so Mr. Rixman was surprised at the unusually high fee. Mr. Rixman said as in any business, the licensing costs are passed along to their customers and he pointed out that $8,000 had to be the highest licensing fee in the nation. Mr. Rixman said the clientele in Eagan would not be the same as in the inner city and said pawn shops do not create additional thefts but add an additional way of checking for thefts. Mr. Mike Maza, 3638 Windtree Drive, said he did not intend to use the pawn shop and did not like the idea of taking an officer away from other duties one day each week. Mr. Brad Rixman said he wished to advise the Council that the property he would be operating from is commercial property and the taxes that are paid on that property are approximately $6,000 per year. He also said the Council would not find another pawn broker in the State who had gone to the Police Chief with a request to open a pawn shop in the City. He said the fees in other states range from $800-$1,500. Councilmember Pawlenty pointed out to Mr. Rixman that of the $6,000 he paid in property taxes, approximately $1,200 went to the City and of that amount, perhaps $200 would go toward the Police Department budget. Aye: 5 Nay: 0 Wachter moved, McCrea seconded a motion to direct the Advisory Planning Commission to hold a public hearing for the purpose of considering the zoning issues for the location of pawn shops. Aye: 5 Nay: 0 Page 14/EAGAN CITY COUNCIL MINUTES March 5, 1991 Councilmember McCrea indicated to the Chief of Police that she would be interested in seeing the entire file on any future applications for a pawn shop license. CONDITIONAL USE PERMIT/HAIR SALON DUCKWOOD ESTATES Mayor Egan introduced this item as a conditional use permit for Elizabeth Westbrook to allow a hair salon in an R-1 (single-family) district on Lot 12, Block 1, Duckwood Estates, located along Widgeon Way in the northeast quarter of Section 15. The City Administrator said the Advisory Planning Commission was recommending approval of this application with an additional condition to read as follows: 4) A handrail shall be added to the stairways that provide exterior access to the hair salon. Director of Community Development Runkle said that the application for a conditional use permit had come from Elizabeth Westbrook, a resident of Duckwood Estates. He said the Advisory Planning Commission had heard the item at their February 26 meeting and a question arose as to whether a hair salon would meet the requirements of the Duckwood Estates covenants and restrictions. The APC determined that the issue should be judged on the merits of the zoning ordinance only and had recommended approval. Mr. Patrick Grinde, 3529 Widgeon Way, said his property would be adversely affected by the approval of the conditional use permit. He said he bought his home three years ago and was aware that the Duckwood Estates were covered by restrictive covenants. Mr. Grinde said the conditional use permit would benefit the applicant only and set a negative precedent for the neighborhood. He pointed out that there is ample commercial real estate in the City. Mr. Grinde said the City Council had in a previous session dealt with a similar matter and had approved it provided it was not in conflict with covenants and restrictions that all property owners had agreed to. Mayor Egan said that Mr. Grinde was correct when he referred to a similar action taken by the City Council. The Mayor said at that time the conditional use permit was approved with the condition that the applicant comply with the restrictive covenants of the neighborhood. Mayor Egan said that Article #2 of the Duckwood Estates Covenants and Restrictions, which states that "no lot shall be used except for residential purposes," appeared to apply; however, pointed out that a beauty salon is deemed in the City ordinance to be a residential purpose as there is a conditional use in R-1 zoning for barber shops or beauty shops. City Attorney Sheldon said this situation was very similar to a previous application, but that application was subject to different covenants and additional restrictions on the applicants. In spite of Article #2, mention is also made of professional signs, so home occupations are at least contemplated in the Duckwood Estates covenants. He said those are issues, however, that the City has attempted to shy away from. Mr. Sheldon said if there were health, safety and welfare issues, the City's separate conditional use permit ordinance would allow the City Council to make provisions that relate to them. He said the City had not been presented with any additional, legitimate, articulated issues that the Council could make any findings on. Councilmember Gustafson pointed out that other home occupations were permitted without City regulation. Mr. Grinde said having commercial vehicles parked in the neighborhood as well as having other businesses being operated out of homes, can have a detrimental affect on property values. He also added that when the applicant bought her home, she was aware of the covenants and restrictions of the Duckwood Estates. Page 15/EAGAN CITY COUNCIL MINUTES March 5, 1991 Gustafson moved, McCrea seconded a motion to approve the conditional use permit for Elizabeth Westbrook to allow a hair salon in an R-1 (single-family) district subject to the following conditions: 1. Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. 2. The sole employee shall be an occupant of the household. 3. Parking shall be on-site and shall be limited to two customer automobiles. 4. There shall be no commercial signs advertising the business except for the type of sign that is allowed in an R-1 district. 5. There shall be no over-the-counter sales of merchandise. 6. The barber shop shall meet all building codes. 7. This conditional use permit shall be recorded at Dakota County within 60 days. 8. This conditional use permit shall be subject to all applicable City requirements and Codes. 9. The applicant shall comply with the Duckwood Estates Homeowners Association covenants. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT WEST PUBLISHING 5TH ADDITION Mayor Egan introduced this item as a planned development amendment and preliminary plat for West Publishing 5th Addition/West Publishing Company, consisting of three single-family lots on approximately 4.3 acres located along the east side of Elrene Road in the southwest quarter of Section 13. City Administrator Hedges said that the Advisory Planning Commission had heard this item at their February 26 meeting and were recommending approval. Mr. Hedges wanted to acknowledge an additional condition regarding drainage and utility easement. Director of Community Development Runkle said that during 1990, West had applied for a comprehensive guide plan, a planned development agreement, a rezoning and a preliminary plat. He said this plat, West Publishing 4th Addition, had encompassed almost 208 acres. He said part of the plat approval during Phase 1 was to construct the facility manager's residence on Lot 1 along Elrene Road. He said West Publishing is now requesting permission to create two additional single-family lots for a total of three. Mr. Runkle said that one additional lot will be used strictly for an on-site facility manager and West has no plans for the third lot at this time. Director of Public Works Colbert said that a third condition was being proposed that would state, "A 20 foot drainage utility easement be dedicated over the eastern portion of the plat to accommodate the existing runoff for the Windtree Addition." Mr. Colbert said the issue has been discussed with West and they have expressed concerns. Mr. Steve Bryant of West Publishing said he had talked to staff regarding the City's request for this easement but had not had adequate time to study the issue. Mr. Bryant said he would like to go ahead with the platting process and leave Lot 2 as an outlot. He said there would be no grading or removal of vegetation on this outlot. The Director of Public Works said he hoped that the requirement for the easement had not precipitated the proposal to plat Lot 2 as an outlot as either one, a lot or an outlot, could accommodate the easement. Mr. Colbert said the issue for the drainage easement was whether the City felt it necessary to provide assurances that the runoff from several houses in the subdivision to the south would be able to drain to the dedicated ponding area. Mr. Colbert said as development starts to occur, provisions should be made to accommodate the runoff. He said a dedicated easement would not restrict building on this lot. Mr. Colbert pointed out that the drainage issue is not seen as a serious problem but was brought to the attention of the City by a Windtree resident. Page 16/EAGAN CITY COUNCIL MINUTES March 5, 1991 After further discussion, Mr. Bryant said that West Publishing has had a history of working very well with the City and they were not going to ignore something that would result in storm water problems. Mr. Bryant said given the late notice, West thought that platting the lot as an outlot would be a solution. He said they would like to process the plat and will work out whatever needs to be done. Mr. Mike Maza, of 3638 Windtree Drive, said West has been very responsive to the neighbors. Mr. Maza said while he was unable to attend the Advisory Planning Commission meeting, a neighbor had raised the drainage issue. He said he thought the issue should be pointed out and their only concern was that run-off not start ponding in their backyards. The Council agreed that with respect to West Publishing and given the history of their good working relationship, that the platting should move forward. Gustafson moved, McCrea seconded a motion to approve the planned development amendment to allow three residential lots instead of the previously approved one lot. Aye: 5 Nay: 0 Gustafson moved, McCrea a motion to approve the preliminary plat to replat Lot 1, Block 2, West Publishing 4th Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B3, C2, C4, El, F1, H1. 2. A declaration of covenants shall be submitted indicating all easements. Direction was also given that the third condition, "A 20 foot drainage utility easement be dedicated over the eastern portion of the plat to accommodate the existing runoff for the Windtree Addition." would be worked out in a timely manner and if a satisfactory solution could not be reached, it would be returned to the City Council for consideration. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/TRANSPORTATION PLAN Mayor Egan introduced this item as a comprehensive guide plan amendment for the City of Eagan to the transportation plan element which updates the transportation element of 1990 and which revised the transportation element for conformance with Metropolitan System Plans. Gustafson moved, Wachter seconded a motion to approve the comprehensive guide plan amendment of the transportation element for conformance with the Metropolitan System Plans as presented. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETING FOR MARCH 12 Wachter moved, Gustafson seconded a motion to establish Tuesday, March 12, 1991 as a special City Council meeting for the purpose of reviewing the five-year capital improvements program and any additional spending/revenue matters. Aye: 5 Nay: 0 Page 17/EAGAN CITY COUNCIL MINUTES March 5, 1991 SITE DEVELOPMENT AUTHORIZATION After introduction by Mayor Egan, City Administrator Hedges said that the Ice Arena Executive Committee had met and a draft report would be presented to the City Council at their March 19 meeting. Councilmember McCrea said that at the last Executive Committee meeting she had attended, the Committee was directed to get a handle on the costs of an ice arena and outdoor pool. She said at that time she had met with Mr. Bob Rosene, of Bonestroo, Rosene, Anderlik & Associates, who said his firm would put together a plan without cost to the City. The Councilmember said it was her understanding that the HUD site would also be explored. Councilmember Pawlenty thought action to approve an expenditure to prepare a site analysis for the Municipal site was premature. He thought it would be appropriate to preliminarily say the complex could be placed at either site since the City had just recently proposed a large recreational complex to be constructed on the municipal site. No action was taken to approve or deny an expenditure for the firm of Bonestroo, Rosene, Anderlik & Associates to prepare a site analysis on the 40 acre municipal site. SATURDAY/APRIL 27, VOLUNTEER RECOGNITION DAY Gustafson moved, Wachter seconded a motion to approve Saturday, April 27, 1991 as the official volunteer recognition day to honor those commission and committee members who are serving the City of Eagan. Aye: 5 Nay: 0 TWO RESOLUTIONS SETTING THE SALE OF REFUNDING BOND ISSUES Gustafson moved, Pawlenty seconded a motion to approve a sale date of April 9, 1991 to sell bonds to refund General Obligation Park & Recreation Series 1984, and General Obligation Improvement Bonds, Series 1983, 1984 and 1985, into two new issues of $2,425,000, Series 1991B, at 9.8%; and $3,315,000, Series 1991A, at 8.5%, respectively. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS ANTENNA SITES Director of Community Development Runkle said a meeting had been held with representatives of Cellular One regarding their temporary permit for a one year antenna site in addition to future locations for a permanent site. Mr. Runkle asked if it were appropriate to begin looking at being more regulatory with antennas. He said at the present time, U.S. West has an antenna on the Safari water tower and Cellular One is looking to locate a 100 foot antenna in the community. Mr. Runkle questioned the necessity of doing additional research on antennas when only one is anticipated to be coming before the Council for consideration. After further discussion of the issue of cellular antennas, the direction was for Cellular One to come back with computer generated models and other proposed locations and potential sites. POLICY IMPLEMENTATION AWARD City Administrator Hedges acknowledged the award that had been received by the City at the State of the Region Address. The award was for the City's Water Quality Program. Page 18/EAGAN CITY COUNCIL MINUTES March 5, 1991 OPUS CORPORATION/LENNOX City Administrator Hedges said that Opus Corporation had contacted the City and asked if the Mayor and City Administrator would sign a letter encouraging consolidation of the Lennox Corporation facilities into a location within Eagan. Mr. Hedges said since the Opus location in Eagan was still in the running, Opus had now asked the City's position on tax increment financing. Mr. Hedges said he had informed Opus Corporation that the City Council considered TIF on a case by case basis. Mr. Hedges said this particular proposal happens to be in an economic development project area which was already set up through the TIF for Northwest Airlines, so the City Council would not have to establish an economic development district. He added, however, that the City Council would have to deal with some public policy issues. Opus Corporation would like some direction as to bow long it would take to process an application and how the City Council would entertain such an application. He said it had been made clear to Opus Corporation that they could not indicate to Lennox in any way any prior approval as there was much more to the process. Mr. Hedges asked if the City Council wished staff to move any further or if they wished any additional research. Mayor Egan said a good faith effort is being made to cooperate with Opus' request. He said the recent Chamber of Commerce seminar indicated that economic times would be rough in the '90s and it is important to demonstrate a willingness to go that extra mile for economic development. Councilmember Gustafson said he was not personally opposed to tax increment financing, however, that did not mean this would be an appropriate use of TIF. He further stated that the general impression in recent years has been that Eagan has not been in favor of using TIF but he would be favorable to a review of the Lennox proposal to use TIF financing. Councilmember McCrea indicated she was also willing to work with tax increment financing, however, if the rest of the Council was not interested, then they should so indicate. Councilmember Pawlenty said the relationship with Opus is important, however, if the City grants TIF to an office/warehouse with 50 employees, where do they draw the line for future applications. The City Administrator was directed to continue working with Opus on the Lennox Company proposal to use TIF as an economic development financing tool. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated February 28, 1991, in the amount of $605,156.79, and the checklist dated March 5, 1991, in the amount of $303,140.95. Aye: 5 Nay: 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 11:25 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, City Attorney Sheldon and consulting attorney Tom Creighton. The executive session was adjourned at approximately p.m. KF CITY OF EAGAN L-A. Overbeke, City Clerk