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10/03/1989 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 3, 1989 A regular meeting of the Eagan City Council was held on Tuesday, October 3, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges informed the Council that Item C (Project 536, Final Assessment Roll - South Oaks Addition) and Item F (Project 529, Final Assessment Roll - Cliff Lake Center) under Public Hearings were to be continued. He also pointed out that Item A under old Business (Cedarvale Boulevard - Vacate Right-of-way) should be listed under the Public Hearing section. Wachter moved, McCrea seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES September 19, 1989. Councilmember Egan pointed out the need for a spelling correction on page 11, in the last paragraph. "Mary Ranerite" should be corrected to "Mary Ramnarine". Egan moved, McCrea seconded, the motion to approve the minutes for the September 19, 1989 regular Council meeting as amended. All voted in favor. August 30, 1989. Wachter moved, Egan seconded, the motion to approve the minutes for the August 30, 1989 special Council meeting as presented. All voted in favor. September 12, 1989. Wachter moved, McCrea seconded, the motion to approve the minutes for the September 12, 1989 special Council meeting as presented. All voted in favor. DEPARTMENT HEAD BUSINESS City Administrator Tom Hedges informed the Council that in the 50th anniversary issue of the First Class magazine, there was an Page 2/EAGAN CITY COUNCIL MINUTES October 3, 1989 article with quotes from Chief Southorn regarding the City's Peterbilt equipment. Councilmember Wachter requested an update regarding the landscape policy. Parks and Recreation Director Ken Vraa updated the Council and stated that a draft statement would be before the Council within a month. Councilmember Wachter had questions regarding the compost pile and asked if there was a necessity to put up signs to alleviate any traffic problems. Administrative Assistant Jon Hohenstein stated there was no change to the traffic pattern at the present time but he would keep checking on the situation. SENECA PLANT Councilmember Wachter announced he felt the residents near the Seneca Plant had been taking the brunt of the problems not only for the City of Eagan but also for other neighboring communities. He suggested the Council pass a resolution recommending that the MWCC pay $5,000.00 to each household for the inconvenience they had put up with over the years. Councilmembers Egan and Wachter both felt it would be a good faith gesture. Mayor Ellison commented he had concerns that the cash would not solve the problems regarding the matter. Wachter moved, Egan seconded, the motion to approve a resolution recommending that the MWCC pay $5,000.00 to each resident of Wuthering Heights to reimburse them for the ongoing inconvenience. All voted in favor. CONSENT AGENDA A. Personnel Items. 1. Seasonal Park Attendant. City Administrator Tom Hedges informed the Council that he had authorized a change of position for Lei Lani Dick from seasonal concession worker to seasonal park attendant. No action was required on this item. 2. Seasonal Street Maintenance Worker. City Administrator Tom Hedges informed the Council that he had authorized the hiring of Jeffrey Schaefer as a seasonal street maintenance worker for the current season. No action was required on this item. Page 3/EAGAN CITY COUNCIL MINUTES October 3, 1989 3. Seasonal Park Maintenance Worker. City Administrator Tom Hedges informed the Council that he had authorized the hiring of David Baumann as a seasonal park maintenance worker for the current season. No action was required on this item. 4. Sick Leave Policy. Councilmember Gustafson asked which of the recommended actions the Council was supporting. He recommended referring both policies to the personnel committee. Councilmember McCrea asked for further explanation as she had concerns regarding the policies becoming an administrative nightmare. City Administrator Tom Hedges updated the Council regarding the policies. Mayor Ellison asked if staff had checked with other cities. Mr. Hedges stated staff had reviewed the matter and that it had worked well with other cities. It was recommended to refer both the Use of Sick Leave for Wellness Activities Policy and the Sick Leave Accrual Policy to the personnel committee of the City Council for further study and consideration. B. Plumbers Licenses. It was recommended to approve the list of plumbers licenses as presented. C. Approve List, Election Judges, November 7, 1989 Municipal Election. It was recommended to approve the list of election judges for the City of Eagan Municipal Election which will be held on November 7, 1989 as presented. D. Resolution, Authorize City Participation in Minnesota Municipal Money Market Fund. It was recommended to approve the resolution authorizing City participation in the Minnesota Municipal Money Market Fund. E. General Fund Budget Adjustments for 1989. It was recommended to approve the general fund adjustments including the revised solid waste abatement budget. Page 4/EAGAN CITY COUNCIL MINUTES October 3, 1989 F. Receive Bids/Award Contract, Re-roofing of the Fire Administration Building. Councilmember Wachter asked if the rotting boards would be replaced and the insulation would be increased. City Administrator Tom Hedges responded that rotting boards would be checked and replaced and that he would check into the insulation question and report back to the Council. It was recommended to award the contract to re-roof the Fire Administration Building to Walker Roofing Company in the amount of $32,150.00. G. Proclamation, Red Ribbon Campaign Week. It was recommended to proclaim the week of October 22 through the 29th, 1989 as Red Ribbon Campaign Week in the City of Eagan. R-89.63 H. License Application, Amusement Devices/Pizza Hut Restaurant at 2130 Cliff Road. It was recommended to approve an amusement devices license for the Pizza Hut located at 2130 Cliff Road in the City of Eagan. I. Contract 89-21, Receive Bids/Award Contract (Effress Addition - Storm Sewer). Public Works Director Tom Colbert recommended to the Council that the bids be rejected with authorization given for re-solicitation of new bids with a Spring of 1990 completion date. It was recommended to reject the bids for Contract 89-21 (Effress Addition - Storm Sewer) and authorize re-solicitation of new bids with a Spring of 1990 completion date. J. Contract 89-22, Receive Bids/Award Contract (Hills of Stonebridge 2nd Addition - Storm Sewer and Watermain). It was recommended to receive the bids for Contract 89-22 (Hills of Stonebridge 2nd Addition - Trunk Storm Sewer and Watermain) and award the contract to the lowest responsible bidder, Brown & Cris, Inc., in the amount of $81,875.82, and authorize the Mayor and City Clerk to execute all related documents. K. Project 586, Receive Report/Order Public Hearing (South Oaks - Streetlights). It was recommended to receive the feasibility report for Project 586 (South Oaks Addition - Streetlights) and schedule a public hearing to be held on November 9, 1989. Page 5/EAGAN CITY COUNCIL MINUTES October 3, 1989 L. Contract 89-05, Consideration for Award of Contract (Skyline Road/Sibley Hills Drive - Streets and Utility Improvements). Councilmember Egan asked if the neighbors had been advised of the MnDOT cost sharing participation. He requested staff keep the neighbors advised. City Administrator Tom Hedges informed the Council that notices would be sent regarding the construction. Public Works Director Tom Colbert stated that the residents had not been specifically noticed but that he would send a revised pending assessment roll to the residents showing MnDOT participation. Mary Lou O'Hearn, 2888 Sibley Hills Drive, had concerns regarding restrictive covenants and stated she had sent a letter to the City Administrator. City Administrator Tom Hedges responded to her concerns and referred the matter to the City Attorney. City Attorney James Sheldon informed the Council he had reviewed the letter, the mentioned abstract entry and state law. He stated that the covenants expired in 1985 and there was no longer a restriction. Councilmember Egan reported that covenants were good for 30 years which meant the covenants in question began in 1955. Mr. Sheldon stated Councilmember Egan was correct. It was recommended to award Contract 89-05 (Sibley Hills Drive and Skyline Road - Streets and Utilities) to the successful lowest responsible bidder(Brown & Cris, Inc.), and authorize the Mayor and City Clerk to execute all related documents. M. Project 588, Receive Petition/Authorize Feasibility Report (Silverbell Addition - Watermain). It was recommended to receive the petition for Project 588 (Silverbell Addition - Watermain) and authorize the preparation of the feasibility report. N. Project 587, Receive Petition/Authorize Feasibility Report (Coventry Pass 2nd Addition - Storm Sewer). It was recommended to receive the petition for Project 587 (Coventry Pass 2nd Addition - Storm Sewer) and authorize the preparation of the feasibility report. 0. Contract 89-24, Approve Plans/Authorize Ad for Bids/Stratford Oaks - Sanitary Sewer and Storm Sewer Improvements. It was recommended to approve the plans and specifications for Contract 89-24 (Stratford Oaks - Sanitary Sewer and Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:30 a.m., October 16, 1989. Page 6/EAGAN CITY COUNCIL MINUTES October 3, 1989 P. Contract 87-F, Final Acceptance (Bur Oak Hills - Streets and Utilities). It was recommended to approve Contract 87-F (Bur Oak Hills 1st Addition - Streets and Utilities) and accept the improvements for perpetual City maintenance, subject to appropriate warranty provisions. Q. Contract 89-19, Receive Bids/Award Contract (Parking Lot Lighting - Thomas Lake Park and Ohmann Park). It was recommended to receive the bids for Contract 89-19 (Parking Lot Lighting - Ohmann and Thomas Lake Park) and award the contract to Corrigan Electric Company for the alternate bid no. 1 contract amount of $18,007.00. R. Contract 89-20, Receive Bids/Award Contract (Athletic Lighting - Bridle Ridge Park). it was recommended to receive the bids for Contract 89-20 (Lighting for Hockey and Pleasure Ice Rinks at Bridle Ridge Park) and to award the contract to C.S.I. Electric in the amount of $37,000.00. S. Contract 89-23, Approve Plans/Authorize Advertisement for Bids (Trails at Trapp Farm Park and Thomas Lake Park). It was recommended to approve the plans for Contract 89-23 (Construction of Trails at Trapp Farm Park, Thomas Lake Park and Other Miscellaneous City Locations) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Monday, October 16, 1989. T. Final Plat, Coventry Pass. It was recommended to approve the final plat for Coventry Pass. R-89.64 U. Final Plat, Oak Cliff 5th Addition. It was recommended to approve the final plat for Oak Cliff 5th Addition. R-89.65 V. Contract 89-25, Approve Plans/Authorize Ad for Bids (Rusten Road - Utility and Street Improvements). It was recommended to approve the plans for Contract 89-25 (Rusten Road - Streets and Utilities) and authorize a bid opening to be held at 11:00 a.m., October 16, 1989. Page 7/EAGAN CITY COUNCIL MINUTES October 3, 1989 McCrea moved, Wachter seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. JOINT POWERS AGREEMENT/HOUSEHOLD HAZARDOUS WASTE City Administrator Tom Hedges briefed the Council on the matter. McCrea moved, Egan seconded, the motion to approve the Joint Powers Agreement between Dakota County, the City of Eagan, and Unisys Corporation for household hazardous waste collection. All voted in favor. ZOO AMPHITHEATRE City Administrator Tom Hedges informed the Council that he had received petitions regarding the amphitheatre. He requested direction from the Council in responding to the residents. Councilmember McCrea suggested sending a letter acknowledging receipt of the petition and further to keep the petitions on file. Councilmember Wachter suggested responding in a newsletter and press releases. City Administrator stated he would prepare the press releases for the papers and the newsletter. ANNUAL BUS TOUR City Administrator Tom Hedges reminded the Council that the annual bus tour would be on Thursday, October 12, 1989 at 3:00 p.m. He pointed out that Tom Wilson, Principal for Eagan High School, would speak regarding the new Eagan High School. ECONOMIC DEVELOPMENT COMMISSION City Administrator Tom Hedges requested direction from the Council regarding the accepted resignation of Corey Cleveland from the Economic Development Commission and his replacement. He questioned if he should send letters to the Eagan banks notifying them of the need for a replacement; or if he should notice the matter in the newspaper; or if the matter should wait until the organizational meeting. Mayor Ellison responded he felt the City Administrator should send letters to the businesses and wait until the organizational meeting. LONE OAK 2ND ADDITION/UTILITY EASEMENT VACATION City Administrator Tom Hedges summarized the petition for the Council. Public Works Director Tom Colbert informed the Council Page 8/EAGAN CITY COUNCIL MINUTES October 3, 1989 that he had received no objections regarding the petition and recommended approval. McCrea moved, Egan seconded, the motion to close the public hearing and to vacate the utility easement within Lot 1, Block 1, Lone Oak 2nd Addition as described, subject to the watermain being relocated to a newly described easement dedicated to the City, all at no cost, prior to issuance of the building permit. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 539/ EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION City Administrator Tom Hedges explained the hearing procedure. Public Works Director Tom Colbert updated the Council on the project. Egan moved, Gustafson seconded, the motion to close the public hearing and adopt the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and authorize its certification to Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 536/SOUTH OAKS ADDITION Mayor Ellison opened the public hearing and stated the matter would be continued to the October 17, 1989 City Council meeting. Wachter moved, McCrea seconded, the motion to close the public hearing and continue the final assessment hearing for Project 536 (South Oaks Addition - Streets and Utilities) to the October 17, 1989 City Council meeting. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 463/EAST CLIFF ROAD City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert updated the Council regarding the matter and stated he had received no objections. McCrea moved, Wachter seconded, the motion to close the public hearing and adopt the final assessment roll for Project 463 (East Cliff Road - Streets) and authorize its certification to Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 525/WOODLANDS City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert presented the background information and informed the Council that he had received an objection letter on October 2, 1989 from Wendell and Lorraine Widstrom. He showed the layout and diagram to the Council and explained the assessment roll allocations and rates. He reported Page 9/EAGAN CITY COUNCIL MINUTES October 3, 1989 that Widstroms' concerns were regarding their belief there was no benefit to their property. Dan Boivin (Attorney for Widstroms) pointed out on the map the agricultural and homestead parcels of the Widstroms. He explained the problems regarding the two ponds and stated that the Widstroms had lost use of part of their land, approximately 1/4 acre, because of the Woodlands development. He further pointed out that the Widstroms received no special benefit to their property. He reported that special assessments needed to be uniform under the law and felt his clients were not being assessed uniformly. He requested Council review of the matter and asked that his clients not be assessed for the improvement. Councilmember Wachter asked if there was cattle grazing on the Widstrom property. Mr. Widstrom responded yes. He explained the water problem in relation to the cattle. Mayor Ellison requested Public Works Director Tom Colbert explain the assessment procedure to the public. Public Works Director Tom Colbert reviewed the procedure and the assessments to be assessed to the Widstrom property. He stated that the City did not assess properties twice for an improvement. He diagramed the Widstrom and Woodland properties, the lift station and the ponds. Mr. Boivin remarked that the Widstrom property had decreased in value and that the benefit was to the Woodlands development and the other three lots. Mayor Ellison pointed out that the trunk storm sewer improvements increased the value of property. Mr. Boivin responded that the improvement would only bring the Widstrom property back up to its current value. Public Works Director Tom Colbert asked the Widstroms where the water runoff was on their property. Mr. Widstrom stated the water ran east of the Widstrom property onto the Woodlands. Mayor Ellison pointed out that Green Acres was available to ten acre tracts. Mrs. Widstrom had concerns regarding the interest involved with Green Acres. She stated that she had called the City regarding paint in the storm sewer and pond and that an Eagan representative explained it was hydraulic oil. She further stated that the City of Eagan had cleaned up the hydraulic oil but had concerns because the Eagan representative was inconsiderate. City Administrator Tom Hedges reported that he had received a notice from Dakota County that it had cleaned up the oil. Mr. Widstrom informed the Council that City employee, Mr. Bruestle, was the Eagan employee they had been in contact with. City Administrator Tom Hedges stated he would check into the actions of the City employee. He further pointed out that land uses were currently Page 10/EAGAN CITY COUNCIL MINUTES October 3, 1989 being discussed and that Community Development Director Dale Runkle would contact the Widstroms and explain the matter. Greg Whipple informed the Council he had purchased the property in the triangular piece and that he had received no written notice of the public hearing. He had been informed of the meeting by telephone. He requested R-1 zoning on his property. City Administrator Tom Hedges explained the land use designation and zoning review and further explained the assessment rate allocation according to use designation. City Attorney James Sheldon commented that the City Council had an opportunity to re-evaluate assessments and to re-assess as needed. Mr. Whipple objected to the assessment and asked when the land use would change. City Administrator Tom Hedges responded that he would be contacting all owners in the near future. Community Development Director Dale Runkle updated the Council regarding the status of the matter. Public Works Director Tom Colbert pointed out that Mr. Whipple was not listed as an owner in the County records and that was the reason he was not noticed. He further stated there was no record of the lot split. Mr. Whipple explained he purchased the property on Contract for Deed and had not yet received a deed from Gopher Smelting. City Administrator Tom Hedges suggested Mr. Whipple work with staff regarding the lot split. Mr. Whipple remarked that at the time of his purchase there were no pending assessments. Councilmember Egan had questions regarding the City ponding on the Widstrom property and questioned if there was a need for easements. Public Works Director Tom Colbert stated he was not aware of any City ponding on the Widstrom property as he understood the storm sewer discharged on the Woodland property. He stated he would review the matter. Mrs. Widstrom pointed out her property location on the map and explained the ponding problem. She stated it was reverse of what the City suggested. She reported that water covers the fence line. Mr. Colbert reiterated he would review and verify the matter. Councilmember Gustafson reported there was Green Acres potential on the property, that assessments would not be collected unless they benefitted the property and that the owners could request a land use change. Mr. Whipple had questions and concerns regarding land use changes and interest on the assessments. City Attorney James Sheldon emphasized that the Council could review the matter at a future time and could re-assess. McCrea moved, Egan seconded, the motion the to close the public hearing and adopt the final assessment roll for Project 525 Page 11/EAGAN CITY COUNCIL MINUTES October 3, 1989 (Woodlands - Trunk Storm Sewer) and authorize its certification to Dakota County; noted the Wendell and Lorraine Widstrom complaint and directed staff to work with the Widstroms regarding the water flow. All voted in favor. FINAL ASSESSMENT ROLL/PROJECT 529/CLIFF LAKE CENTRE Mayor Ellison opened the public hearing regarding the matter and City Administrator Tom Hedges recommended the matter be continued to the October 17, 1989 City Council meeting. Wachter moved, McCrea seconded, the motion to close the public hearing and continue the final assessment roll for Project 529 (Cliff Lake Centre - Streets and Utilities) to the October 17, 1989 City Council meeting. CEDARVALE BOULEVARD VACATION City Administrator Tom Hedges introduced the matter to the Council. Public Works Director Tom Colbert gave a short background presentation and updated the Council on the past procedure. He recommended vacation denial and if the applicant wished to continue with the vacation, the necessity for the applicant to submit a new petition. Councilmember McCrea had questions regarding the fees. Mr. Colbert explained that the applicant had paid $300.00 with the first request and that the City had waived the fees at the time of the second request. Mayor Ellison asked if Mr. Brown had been notified of the meeting. Mr. Colbert responded he had been notified but that he was not present at the meeting. Councilmember McCrea expressed her concerns for the Cedarvale area and recommended no additional fee if the applicant reapplied. City Attorney James Sheldon pointed out that the Council must act within a reasonable time on applications. Councilmember Egan noted his concerns for the merchants and felt the fees could be discussed at a later date. Egan moved, McCrea seconded, the motion to close the public hearing and deny the petition for the right-of-way vacation regarding Cedarvale Boulevard. All voted in favor. BRITTANY 10TH ADDITION - DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom Hedges updated the Council regarding the status of the matter. He pointed out that Carl Tollefson (developer) was present at the meeting. Public Works Director Tom Colbert explained that the necessary improvements had not been corrected and that staff had exhausted Page 12/EAGAN CITY COUNCIL MINUTES October 3, 1989 all avenues to have the improvements completed. He pointed out that bids had been solicited from three construction companies which were now void because the developer had done some of the work. He noted there would be a need to re-advertise for bids which would make it improbable that the work would be completed this fall. He explained that the developer wanted to do the work and asked for Council direction. Carl Tollefson informed the Council he felt all of the items were completed and stressed that staff had presented a new list. He stated that only the storm sewer and sanitary sewer problems were uncompleted. He announced that the final lift of the blacktop could not be completed because of the storm and sanitary sewer problems. He indicated he was having difficulty finding a contractor to do a small job this time of year and had hopes that a contractor would be able to perform the work on the coming Thursday. Mayor Ellison questioned if the first punch list was completed. Mr. Colbert responded it was not entirely completed as there were uncompleted items such as the sunken manhole. Councilmember Egan suggested continuing the matter to the next special Council meeting. Councilmember Wachter stated if the work was not done at that time, that the Council needed to deal with the matter. Councilmember McCrea asked Mr. Colbert if he could assist Mr. Tollefson in locating a contractor to perform the work. Mr. Tollefson emphasized the problems of locating a contractor. City Administrator Tom Hedges explained the frustration of the staff was not due to Mr. Tollefson but concerns regarding stalling as winter was nearing. He reaffirmed the need for completion of the project. There was Council discussion regarding the timetable for a continuance and possible default. Public Works Director Tom Colbert informed the Council that the City had lost control of the matter and that it was up to the developer's goodwill to complete the project by winter. Councilmember Wachter pointed out the Council could not keep deferring the problem as action was needed immediately. Councilmember Gustafson stated there was a problem in that the work may not be completed as required. McCrea moved, Egan seconded, the motion to continue the default of the development agreement for Brittany 10th Addition to the October 17, 1989 City Council meeting, to allow staff to review the completion of the project, subject to no new punch list, and to update the Council at the next meeting. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Page 13/EAGAN CITY COUNCIL MINUTES October 3, 1989 NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT City Administrator Tom Hedges stated that the Council needed to reconsider its previous motion regarding the matter. Wachter moved, Gustafson seconded, the motion to approve the reconsideration of a request for a special permit to construct a steel frame building over an existing meter and regulatory facility by Northern Natural Gas Company. All voted in favor. Mr. Hedges reviewed the background information and explained that the main issue was the building plan. He informed the Council that Northern Natural Gas Company had reconsidered and was submitting a revised plan. Community Development Director Dale Runkle stated that meetings had been held with the applicant and that the revised plans were more acceptable to staff. Gary Fuchs reported that he had previously delivered plans and photographs to the Councilmembers. He explained the revised plans and pointed out that the brick on the building would be similar to the City pump station. He explained that metal was used instead of wood for safety reasons. Councilmember Wachter asked if it was the same building plan as submitted before except for the brick. He requested horizontal siding. Mr. Fuchs explained that beside the brick improvement, the color of the metal was also different than the previous plan. He explained that he was told it was not possible to install the siding horizontal without a backer. Mayor Ellison had questions regarding the height of the wall and the percentage of brick. Mr. Fuchs answered that the height of the wall would be ten feet. Mayor Ellison suggested four feet of brick and six feet of steel which would make 40% brick to meet City requirements. Councilmember Wachter requested a dark roof with lighter colored sides to the building. Mr. Fuchs responded if the colors were available that it would not be a problem. Mr. Runkle pointed out the need for further work with City staff regarding the landscaping. Egan moved, McCrea seconded, the motion to approve the request from Northern Natural Gas Company for a special permit to construct a steel frame building over an existing meter and regulatory facility, subject to the following conditions: 1. The steel siding on the building shall be of earthtone colors. Page 14/EAGAN CITY COUNCIL MINUTES October 3, 1989 2. The brick on the building shall cover 4 feet in height and the steel siding shall cover 6 feet in height. 3. The applicant to continue working with City staff regarding the landscaping. All voted in favor. ORDINANCE AMENDMENT/EXTEND HOUR FOR SALE OF LIQUOR AND WINE City Administrator Tom Hedges explained the change in the law regarding the extended hours for sale of liquor and wine. McCrea moved, Egan seconded, the motion to approve the ordinance amendment extending the sale of liquor and wine to 1:00 a.m. on Mondays. All voted in favor. WILLIAM AND JOANNE STASSEN/SPECIAL PERMIT RENEWAL City Administrator Tom Hedges briefed the Council regarding the matter. Community Development Director Dale Runkle presented background information and showed the location of the property on a diagram. He stated he had received no complaints and that the renewal of the permit was requesting no changes over last year's permit. Mayor Ellison asked Mr. Stassen for his long-term plans regarding the fifth wheel travel trailer. Mr. Stassen stated this would be the last full season he would need a special permit as he will be retiring and in the future he would only be parking his trailer for two to three weeks at a time. Councilmember McCrea stated she had no problems with the renewal as there had been no complaints. Egan moved, Gustafson seconded, the motion to approve a request for a special use permit to allow temporary parking for residency of a fifth wheel travel trailer at 670 Lone Oak Road from April 20, 1990 to October 31, 1990 as requested by William and Joanne Stassen, subject to renewal on an annual basis. All voted in favor. ROBERT J. AND GRACE M. O'NEIL/COMPREHENSIVE GUIDE PLAN AMENDMENT City Administrator Tom Hedges summarized the proposed amendment and informed the Council that the Advisory Planning Commission approved the Comprehensive Guide Plan amendment and a draft Planned Development Agreement. Community Development Director Dale Runkle pointed out that there was a new Planning Commission since the O'Neil matter Page 15/EAGAN CITY COUNCIL MINUTES October 3, 1989 originally began. He reviewed the background regarding the matter including litigation, and the proposed and revised uses. He stated that SEH had performed a study on the traffic impact which showed there would be some problems if the property were developed at a commercial rate. He stated that a compromise was suggested by staff of placing a cap on trips of 8,690. He further stated that the Advisory Planning Commission agreed to the cap and recommended a northerly access onto 35E from westbound Yankee Doodle Road. He discussed the draft Planned Development Agreement and stressed that all parties were working together for a quality development. He reviewed the Comprehensive Guide Plan amendment necessity and the Metropolitan Council process. He commented that the developer was not present at the meeting but that he had been in contact with them earlier. Mayor Ellison had concerns regarding the indirect source permit and questions regarding the cap on the trips. Community Development Director Dale Runkle explained that the only reason for the cap was because of the traffic impact. He explained there would be no difference with use changes and that the numbers for the trips and the cap were calculated guesses. He further explained the necessity and the reasoning for the cap. Councilmember Gustafson had concerns in connection with proposed condition number 2 regarding the cap applying across the board to the entire area development. Mr. Runkle reviewed the condition and explained its necessity. He stated that the traffic increase would be a slow process which would occur as the development proceeded. There was further discussion regarding the cap on the trips. Councilmember McCrea expressed her disbelief that the developer was not present at the meeting. She asked if the only difference in this agreement from the settlement agreement was in the title of the uses. Mr. Runkle stated she was correct. Councilmember McCrea stated she understood that it was only a conceptual plan at this point and that the matter would be sent to the Metropolitan Council before other proceedings. Mr. Runkle agreed. McCrea expressed her concerns regarding the need for an access to 35E. She questioned if the City should pursue the matter. Community Development Director Dale Runkle reported that the matter was being reviewed for solutions and felt that the City needed to pursue the matter as it was a City problem. Councilmember Egan reopened the question regarding the indirect source permit and had concerns regarding the parking limits. He also had concerns with ponding problems. Mr. Runkle responded that the matter would be reviewed as the development proceeds. Page 16/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mayor Ellison asked if an upgrade was needed for Yankee Doodle. Mr. Runkle stated that the right-of-way would be dedicated at the time of platting. City Administrator Tom Hedges elaborated on future critical intersections and discussed the City's problem regarding financial burden. He stated that the City needed to ensure dollars for the future improvements. Councilmember Wachter emphasized the need to pursue an entrance on 35E. Councilmember Egan requested an explanation regarding the Yankee Place extension. Mr. Runkle explained the future connection. Charlie Bartholdi (Federal Land Company) stated he was not opposed to the O'Neil development. He pointed out that he manages the Town Centre. He explained his main concerns regarded the traffic issue and he requested an unbiased comprehensive study. He had assessment concerns and informed the Council that Federal Land Company had paid its assessments and did not want to pay assessments for someone else's development. Mayor Ellison asked Mr. Bartholdi if he felt the current traffic study was unbiased. Mr. Bartholdi stated he felt the preliminary study was ok. However, there were still questions which needed further comprehensive review. Councilmember Egan remarked that setting a ceiling was all the Council could do. There was further discussion regarding future traffic problems and the study. Councilmember Egan raised the question regarding traffic concerns on Lone Oak because of the O'Neil development. Public Works Director Tom Colbert explained the potential impact. Community Development Director Dale Runkle stated that the present zoning was Light Industrial which could develop uncapped. He explained that this action would move the project forward. Mayor Ellison had concerns if the cap was reached. He felt there would be a problem on Yankee Doodle. He stated this problem could be an impact on the project. Councilmember Wachter had questions regarding the landscaping and trees. Runkle responded to his concerns. Councilmember McCrea reiterated her concerns that the developer was not present at the meeting. It was pointed out that professional representation had been contacted. McCrea moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment submitted by Robert and Grace O'Neil changing the Comprehensive Plan from D-III (Mixed Residential) to CPD (Commercial Planned Development) district consisting of 120 acres located east of I-35E, north of Yankee Doodle Road and west of Lexington Avenue, subject to the following conditions: 1. A right-of-way up to eight lanes for Yankee Doodle Road. Page 17/EAGAN CITY COUNCIL MINUTES October 3, 1989 2. The ADT Generation cap of 8,690 until the improvements allow the system to accommodate the traffic. The cap to apply across the board to the entire area development. 3. Access to the triangular piece. 4. Seek a northerly access onto 35E from westbound Yankee Doodle Road which is not in the Planned Development Agreement. All voted in favor. LANCE COMPANY/COMPREHENSIVE GUIDE PLAN AMENDMENT City Administrator Tom Hedges introduced the application and informed the Council the developer was present at the meeting. Community Development Director Dale Runkle gave a brief presentation. Carl Olson (developer) thanked the Council on moving ahead and requested approval. Mayor Ellison asked why the Council was considering a rezoning for the Lance Company and not for the O'Neil property. Community Development Director Dale Runkle explained that the O'Neil development was working on a concept but that the Council should treat both parcels the same. Councilmember McCrea emphasized the need to carefully plan the access in connection with the O'Neil development or there could be problems. Councilmember Egan asked if the Lance Company property was one parcel. Mr. Runkle explained that it was one parcel. Egan moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment as submitted by Lance Company of approximately 8.8 R-4 (Multiple) acres to a PD (Planned Development) district located east of Highway 35E and north of Yankee Doodle Road in the southwest quarter of Section 10, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for a five year period, to include all terms and conditions within the proposed O'Neil Planned Development as they apply to Light Industrial uses. 2. The name of the Planned Development shall be determined prior to Council action on the preliminary plat. 3. An average daily trip cap of 675 shall be in place until improvements in the transportation system take place to accommodate additional traffic. Page 18/EAGAN CITY COUNCIL MINUTES October 3, 1989 4. Only uses allowed in the Light Industrial district shall be allowed to develop. All voted in favor. STAFFORD PLACE City Administrator Tom Hedges informed the Council that he had been contacted by many residents who had concerns regarding development construction problems. He recommended the Council hear from a spokesperson for the group. Blaine Duxbury had concerns regarding drainage and erosion issues. He explained he could not complete his backyard because of the problems. He pointed out that some problems were solved in June when the City began working with the developer. He predicted larger problems next year if the work was not completed this fall. He requested Council support and assistance in dealing with the contractor. William Sifonte, 4143 Pennsylvania Avenue, updated the Council regarding the problems with Mechanic Liens because of Frontier Homes. He explained that Frontier states they have no problem but he feels there may be possible financial problems with the developer. Mayor Ellison requested Mr. Hedges address the public's concerns. City Administrator Tom Hedges explained City participation and response and also the building inspections. He requested the residents notify the City if they have any construction problems with their buildings. He stated there had been staff meetings with Frontier regarding the drainage. He further stated there were problems with erosion, seeding and noxious weeds. He reported that staff was working on the noxious weed removal. He recommended the Council direct staff to prepare a list of defaults pursuant to the Development Agreement, give the developer a seven-day written notice of the defaults, and if there were no compliance by the developer, to declare the developer in default. He requested the City Attorney address the problem regarding the Mechanic Liens. City Attorney Jim Sheldon explained to the public the statute requirements regarding Mechanic Liens and Mechanic Lien purposes. He recommended the landowners give prompt notice to their title insurance companies of the Mechanic Liens. He reported that proper notice was probably not given to the homeowners. He pointed out that the City of Eagan had no financial interest in the property but wished to assist the landowners wherever possible. Page 19/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mayor Ellison stated he had reviewed the sites and asked if any fill could be removed. Public Works Director Tom Colbert remarked that the grading, erosion, etc. did not meet the City's requirements. He noted that the developer had been informed regarding the problem and further explained the background regarding the matter. Mayor Ellison had questions regarding the Letters of Credit for Delta and Frontier. Public Works Director Tom Colbert explained he was unsure if the City could perform the work. Councilmember McCrea felt the real need was to declare default and move quickly on the problem. Mr. Hedges pointed out that staff had begun legal research on the matter. Mark Sletto, Lot 57, informed the Council that he had not been contacted by the City regarding the problem. He explained that the grading of his yard was incomplete. He warned the Council that the developer may have financial problems. He requested immediate Council action. Councilmember McCrea suggested a staff meeting with all landowners to discuss the problems. Councilmember Egan stressed that the Council needed to take unusual steps to help the homeowners. Mr. Hedges commented that not all residents had been contacted and reiterated his recommendations regarding Council action. City Attorney James Sheldon observed that the Letter of Credit was now reduced and that in order for the City to acquire the dollars, the developer would need to be in default. He stated it was necessary for the City to make a specific claim. He further stated that there were significant problems with each lot and there was a need for further review. Councilmember McCrea asked if staff time could be charged against the Letter of Credit. Mr. Sheldon stated that the Letter of Credit was an old form and he was currently reviewing the Letters of Credit. Mayor Ellison recommended staff meet with the homeowners and that the matter be reviewed at the next special meeting or the next regular Council meeting. City Administrator Tom Hedges requested each homeowner make a list of their problems regarding the development and submit the list to staff by October 11, 1989 at 4:30 p.m. He explained it was too late to notice each landowner individually of the special meeting and suggested the matter be heard at the next regular Council meeting. Mr. Colbert had his concerns that it would be a tight schedule to review the matter by the next special meeting. Councilmember McCrea informed the landowners to tell all neighbors to make the necessary list and submit it to City staff. Page 20/EAGAN CITY COUNCIL MINUTES October 3, 1989 Mr. Griggs presented another issue which had not previously been addressed. He stated that drainage from the roadways was a real problem. Councilmember Egan asked if there was a problem with the catch basin. Public Works Director Tom Colbert responded "no",. that the problem was the development was not graded to plan. Mr. Quarth stated there were drainage problems for the cul-de-sac and asked why no action was taken by the City sooner. Mr. Colbert explained the overland drainage swale and the need to correct the drainage problems. Joe Trombley had questions regarding the revised Hedlund plan. Public Works Director Tom Colbert replied that only the original grading plan had been approved by the City. Egan moved, Wachter seconded, the motion to direct staff to prepare the necessary list of defaults and corrective issues and to report back to the City Council at its October 17, 1989 City Council meeting regarding the defaults of Frontier Homes within the Stafford Place Development. All voted in favor. Mr. Sletto distributed a letter from the Attorney General's Office to the Council members. HAZARDOUS HOME SITE/2265 JAMES COURT/AUBREY L. HALL City Administrator Tom Hedges informed the Council that a vacant home located at 2265 James Court was not properly maintained by its owner. He stated he had received several telephone calls from citizens regarding the matter. He requested Council direction. McCrea moved, Wachter seconded, the motion to direct the City staff to serve notice on Mr. Aubrey L. Hall who owns a residence at 2265 James Court to correct and assure safety of his dwelling unit and grounds. All voted in favor. VISITORS/FRIENDSHUH/HUNTING PERMIT Mr. Friendshuh requested a special hunting permit. He informed the Council he would handle the matter the same as the approved Yanta hunting permit. Councilmember McCrea informed the applicant that she felt there was a need to follow the usual procedure and in particular, she had concerns regarding police review. City Administrator Tom Hedges informed the Council that the applicant had been notified of the usual procedure. Mayor Ellison informed the applicant to make the application at the City Hall and the matter would be returned to the Council in two weeks. Councilmember Gustafson informed the Council that he had previously spoken with the applicant and had explained to him the procedure in order to obtain a special hunting permit. He reported that he had mentioned there was a slight chance that action could be taken at the Council Page 21/EAGAN CITY COUNCIL MINUTES October 3, 1989 meeting if he appeared as a visitor. He recommended putting the item on the next special meeting as the amendment to the ordinance was very recent. He requested Council action. COUNCIL DISCUSSION City Administrator Tom Hedges updated the Council regarding petitions received stating there was construction debris in the Fairway Hills development. Mayor Ellison reported that he had met with the residents who had said there was an improvement. Mr. Hedges also updated the Council regarding the property tax bill, the annual report, the space needs analysis and the amusement device licenses. Councilmember Wachter referred to the annual report and congratulated staff in regards to the energy audit. Councilmember Gustafson informed the Council that he had received a complaint from a resident who had attended the last Advisory Planning Commission meeting. The resident informed Mr. Gustafson that an Advisory Planning Commission member had passed out his business card after the meeting. Staff will review the proper conduct with the Commission member and a letter will be sent from the Council. Councilmember Gustafson had concerns regarding businesses in Eagan selling pornographic literature. He requested the City send a letter to those businesses requesting they stop the sale of the materials. Gustafson moved, McCrea seconded, the motion to send letters to E-Z Stop, Brooks Superette, Tom Thumb and/or other businesses which sell pornographic magazines, acknowledging to the businesses it is their right but it is the City's request that they cease the sale of the magazines. All voted in favor. Councilmember McCrea requested an update regarding the Leo Murphy matter. City Administrator Tom Hedges replied that Parks and Recreation Director Ken Vraa was active on the file. VISITOR/BILL PLUTA/JUNK CAR TICKET Mr. Pluta informed the Council that he had received a ticket for junk cars on his property. City Administrator Tom Hedges recommended Mr. Pluta contact the Chief of Police who would explain the problem and inform him of the appeal process. Page 22/EAGAN CITY COUNCIL MINUTES October 3, 1989 CHECKLISTS Wachter moved, Egan seconded, the motion to approve the checklists dated August 31, 1989 in the amount of $901,920.77, September 30, 1989 in the amount of $1,225,696.78 and dated October 3, 1989 in the amount of $617,211.77. All voted in favor. ADJOURNMENT McCrea moved, Wachter seconded, the motion to adjourn the October 3, 1989 City Council meeting at 10:15 p.m. All voted in favor. CITY OF EAGAN ra - ~ - E. VanOver eke, City Clerk