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04/18/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 18, 1989 A regular meeting of the Eagan City Council was held on Tuesaay, April 18, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney James Sheldon. AGENDA Councilmember Wachter requested the addition to the agenda under Department Head Business regarding the oak tree located on the Target property. Wachter moved, Gustafson seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES April 4. 1989 Councilmember Egan requested a spelling correction to John Eckblad's name on page 6, paragraph 1. Wachter moved, Egan seconded, the motion to approve the minutes for the April 4, 1989, regular Council meeting as amended. Ellison, Wachter, Egan and Gustafson voted in favor; McCrea abstained. PUBLIC WORKS DEPARTMENT/PROJECT NO. 562A/WELL NO. 14 - THOMAS LAKE PARK RESOLUTION SUPPORTING SITE LOCATION City Administrator Tom Hedges explained the necessity of the resolution to the Council. Councilmember Egan questioned if the property owners had been notified. Public Works Director Tom Colbert stated that all property owners within 350 feet were notified of the neighborhood meeting. Egan moved, Gustafson seconded, the motion to approve a resolution supporting the site location of Project 562A (Well No. 14 - Thomas Lake Park). All voted in favor. PUBLIC WORKS DEPARTMENT/GOPHER EAGAN INDUSTRIAL PARK GRADING PERMIT/EXTENDED HOURS AND DAYS City Administrator Tom Hedges informed the Council the contractor was requesting that the hours and days of operation Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 allowed by the ordinance be extended to allow the work to be performed 24 hours a day and occasionally on a Sunday. The applicant was available at the meeting for questions. Councilmember Wachter questioned what would happen with the stockpile. Bob Rudy (Shafer Contracting) replied that the material would be returned to the original hole. Egan moved, Gustaf son seconded, the motion to approve a variance to City Code 4.30 for grading permit EX-13-088, Gopher Eagan Industrial Park, allowing extended hours of operation for a 24 hour schedule and Sundays as weather dictates. All voted in favor. TARGET/OAK TREE Councilmember Wachter reported that the History Committee ,,requested the Council reconsider the matter. City Administrator Tom Hedges updated the Council on the background of the matter. He statea that MnDOT recommended that the tree not be removes. Councilmember Egan stated that MnDOT did not have to approve the removal of the tree and that Target could negotiate with MnDOT. Councilmember McCrea commented she would like the motion to be reconsidered. Mayor Ellison was in agreement and stated he felt the motion should be rescinded. Egan moved, McCrea seconded, the motion to rescind the previous motion and to refer the Target oak tree matter to MnDOT with no recommendation. All voted in favor. GOINS FIRE City Administrator Tom Hedges introduced the matter. He recommended designating the area as hazardous. Councilmember McCrea questioned if the interested parties had been notified. Chief Building Official Doug Reid replied yes and commented that the fire had occurred in June, 1988. He further stated that there are other homes that are also in bad shape. McCrea supported the recommendation and requested staff review the St. Paul ordinance. McCrea moved, Wachter seconded, the motion to order repairs or the removal of the Goins' property at 4010 Mica Trail due to the June 6, 1988, fire. All voted in favor. Councilmember Egan requested staff draft a supplement to City Code in regards to homes which are not up to Code. Page 3/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 LAWN CHEMICALS Councilmember Wachter informed the Council of concerns regarding lawn chemicals and stated residents should be cautioned regarding the hazard. He stated he felt the City should acquire more information regarding the matter. PARK AND RECREATION DEPARTMENT Councilmember McCrea stated she felt the Parks Department costs were well presented by Ken Vraa and she appreciated his effort. COMPOST SITE Councilmember Wachter requested another access to the compost site to improve the circulation. CONSENT AGENDA City Administrator Tom Hedges requested that Item C (Proclamation, City of Eagan Arbor Day) be pulled from the consent agenda to allow the matter to be discussed. A. Personnel Items. 1. Land Development/Design Engineer. Councilmember Wachter questioned if the City needed a new design engineer. Public Works Director Tom Colbert replied yes, that the City presently has a full-time consultant. He stated the plans would be reviewed and requested the matter be continued for two weeks to determine the final candidate. It was recommended to continue to the May 2, 1989, City Council meeting the hiring of a candidate as land development/design engineer for the City of Eagan. 2. Accountant I. City Administrator Tom Hedges informed the Council the candidate was Sue Sheridan. It was recommended to approve the hiring of Sue Sheridan as Accountant I for the City of Eagan, subject to the successful completion of the City's physical examination requirement. 3.a. Seasonal Utility Maintenance Worker. The Council was informed that Bruce Koopmeiners was hired as a seasonal utility maintenance worker. No Council action was required. 3.b. Seasonal Utility Maintenance Worker. It was recommended to approve the hiring of Jeffrey Horsman as a seasonal utility maintenance worker. Page 4/EAGAN CITY COUNCIL MEETING MINUTES rte"` April 18, 1989 4. Seasonal Park Worker. It was recommended to approve the hiring of the ten seasonal park maintenance workers as presented, the two seasonal park attendants as presented, the three seasonal ball field attendants as presented and the two seasonal forestry technicians as presented for the Park and Recreation Department. 5. Administrative Intern. It was recommended to accept the resignation of Daniel Mundahl as administrative intern. B. Plumbers Licenses. It was recommended to approve the three plumbing licenses as presented. C. Proclamation for City of Eagan Arbor Day. This item to be discussed at the end of the consent agenda. D. Project 566, Receive Petition/Order Feasibility Report (Coventry Pass - Trunk utilities). It was recommended to receive the petition for Project 566 (Coventry Pass - Trunk Utilities) and authorize the preparation of a feasibility report and detailed plans and specifications. E. Contract 89-06, Receive Bids/Award Contract (Cliff Road - Booster Pump). Councilmember Wachter asked for an explanation of the difference between the estimate and the final bid. Bob Rosene stated that all equipment had been furnished by the City. It was recommended to receive the bids for Contract 89-06 (Cliff Road - Booster Pump) and award the contract to NW Mechanical as the lowest responsible bidder, and authorize the mayor and City Clerk to execute all related documents. F. Contract 88-28, Receive Bids/Award Contract (Fire Station No. 1 - Parking Lot). Councilmember Egan commented that the bids in this matter were also below the estimates. It was recommended to receive the bids for Contract 88-28 (Fire Station No. 1 - Parking Lot Improvements) and award the contract to Munn Blacktop, Inc. as the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 G. Contract 88-34. Receive Bids/Award Contract (Alden Pond - Streets and Utilities). It was recommended to receive the bids for Contract 88-34 (Alden Pond - Streets and Utilities) and award the contract to Fredrickson Excavating Company, Inc., and authorize the Mayor and City Clerk to execute all related documents. H. Project 544. Final Assessment Roll/Order Public Hearing (Mallard Park - Street Lights). It was recommended to receive the final assessment roll for Project 544 (Mallard Park - Street Lights) and schedule a public hearing to be held on May 15, 1989. I. Project 523, Receive Final Assessment Roll/Order Public ,Hearing (Stoney Pointe and Blackhawk Ponds - Trunk Water Main). It was recommended to receive the final assessment roll for Project 523 (Stoney Pointe and Blackhawk Ponds - Trunk Water Main) and order the final assessment public hearing to be held on May 15, 1989. J. Project 515, Receive Final Assessment Roll/Order Public Hearing (Dodd Road - overlay). It was recommended to receive the final assessment roll for Project 515 (Dodd Road - Overlay) and order the public hearing to be held on May 15, 1989. K. Project 530, Receive Final Assessment Roll/Order Public Hearing (Kindercare - Water Main). It was recommended to receive the final assessment roll for Project 530 (Kindercare - Water Main) and schedule the final assessment hearing to be held on May 15, 1989. L. Approve Final Plat/Alden Ponds. It was recommended to approve the final plat for Alden Ponds Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.18 M. Project 564. Receive Petition/Authorize Feasibility Report and Detailed Plans (Rahncliff 2nd Addition - Streets and Water Main). It was recommended to receive the petition for Project 564 (Rahncliff 2nd Addition - Streets and Water Main) and authorize the preparation of a feasibility report along with detailed plans and specifications. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 N. Project 548. Authorize Feasibility Report and Request for Proposals (Cliff Road Water Treatment Plant). It was recommended to authorize the feasibility report for Project 548 (Cliff Road Water Treatment Plant) and to authorize the solicitation for requests for proposals from professional consulting engineering firms for design services. 0. Approve Final Plat. Blackhawk Ridge 2nd Addition. It was recommended to approve the final plat for the Blackhawk Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.19 P. Contract 88-24. Approve Change Order No. 1 (Lexington Avenue Reservoir). Councilmember Wachter requested clarification in regard to the matter. Public Works Director Tom Colbert stated that only a change order was before the Council. It was recommended to approve Change Order No. 1, Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. Q. Project 562. Receive Report (Well No. 14). It was recommended to receive the feasibility report for Project 562 (Well No. 14) and authorize the continuation of the project process. R. Project 563. Receive Report (Well No. 15)-. It was recommended to receive the feasibility report for Project 563 (Well No. 15) and authorize the continuation of the project process. S. Contract 88-31. Approve Change Order No. 1 (Well No. 12 - Completion Date). Councilmember Wachter asked if there would be any additional charges. Public Works Director Tom Colbert replied yes there would be additional charges for blasting and bailing. It was recommended to approve Change Order No. 1, Contract 88-31, (Well No. 12 - Completion Date) and authorize the Mayor and City Clerk to execute all related documents. Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 T. Contract 87-14. Final Payment/Acceptance (Country Hollow Sanitary Sewer Lift Station Equipment) . It was recommended to approve the second and final payment for Contract 87-14 (Country Hollow - Sanitary Sewer Lift Station Equipment) to Smith & Loveless, Inc. and accept the facilities for perpetual City maintenance and operation. U. Contract 87-12. Final Payment/Acceptance (Lexington Square 6th Addition - Streets and utilities). It was recommended to authorize the seventh and final payment for Contract 87-12 (Lexington Square 6th Addition - Streets and Utilities) to Richard Knutson, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. V. Contract 87-17. Blackhawk Road/Streets. It was recommended to authorize the ninth and final payment for Contract 87-17 (Blackhawk Road - Streets) to Preferred Paving, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. W. Contract 87-41. Final Payment/Acceptance (St. Francis Woods 6th Addition - Streets and Utilities). It was recommended to authorize the seventh and final payment for Contract 87-41 (St. Francis Woods 6th Addition - Streets and Utilities) to F. M. Frattalone and authorize the acceptance of the improvements for perpetual City maintenance. X. Contract 88-19. Final Payment/Acceptance (Well No. 5 - Removal and Repair) . Councilmember Wachter questioned if the water needed to be tested after the repair. Public Works Director Tom Colbert statea that the water had been tested after the repair. It was recommended to authorize the second and final payment for Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells, Inc. and authorize the acceptance of the improvements for perpetual City maintenance. Y. Project 567, Receive Petition/Authorize Preparation of Feasibility Report (Effress Addition - Storm Sewer). It was recommended to receive the petition for Project 567 (Effress Addition - Storm Sewer) and authorize the preparation of a feasibility report. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 C. Proclamation. City of Eagan Arbor Day. Parks and Recreation Director Ken Vraa introduced the item. He recognized Mr. Iverson. Eric Iverson, President of First Bank Eagan, presented sweatshirts to the Councilmembers. He elaborated on the park programs and stated that posters would be distributed. Mayor Ellison thanked First Bank Eagan and Mr. Iverson. It was recommended to approve the resolution entitled "Eagan Arbor Festivities" proclaiming Saturday, April 29, 1989, as Arbor Day. Gustafson moved, McCrea seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their "implementation. All voted in favor. PROJECT 487R, FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS AND UTILITIES) City Administrator Tom Hedges provided background information for the Council. Public Works Director Tom Colbert explained the assessment calculations and discussed the meetings with the neighbors and their objections. Be stated there were three areas of overrun - 1. storm sewer addition as field design change; 2. poor subgrade materials; and 3. overhead. Be presented an alternate assessment roll. Be stated the final costs would be reduced by $10,000.00 and that the overrun would now be at $9,000.00 with the reduction. He informed the Council there were still two objecting owners. Be stated that if the alternative assessment were challenged, he would prefer defending assessment version number one. Councilmember Wachter commented that the street was settling and asked if repairs would be made. Mr. Colbert stated yes and outlined the corrections. Henry Braun objected to the assessments and stated he felt the job was poorly done. Be stated he felt there were engineering problems and that no extra grading had been done on the road. Be informed the Council he was available for questions. Public Works Director Tom Colbert questioned the calculations. Mr. Braun reiterated his objections. Councilmember McCrea questioned if the City received what it paid for. Jerry Bourdon responded that the contract was awarded to the lowest bidder. Be felt the costs were comparable and fair and stated that they do measure quantity. There was much discussion regarding the project by Mr. Braun. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Wachter had concerns regarding the blacktop. Mr. Bourdon responded regarding his concerns. Councilmember Egan questioned what percent was lost by splitting off. Mr. Bourdon replied about 2%. Councilmember Wachter questioned if there would be any problems with dangers from cave-ins. Mr. Bourdon replied no. Councilmember McCrea asked if the contractor was still the lowest bidder with the cost overruns. Mr. Colbert replied yes. Leonard Walz commented that the agreement was legally binding. He felt the cement was too expensive. He further commented that the depression in the tar was dangerous and he had concerns regarding other construction problems. Wayne Cordes commented he thought the contract limited the costs. He remarked that nobody explained the overrun possibility and felt that the overhead should be reduced further. Mayor Ellison asked if the work had been done well and if the changes would be made without cost. Mr. Colbert replied that the corrections would be made at no cost. Councilmember Egan stressed that he was unhappy with the procedures and the mistakes. He felt the project should not have been split off. He pointed out that the City had made a very reasonable evaluation of the cost distribution. He felt that all of the taxpayers should not be made to assume all of the costs. Councilmember Wachter emphasized that the road was in bad shape and he commented he understood the neighbors' concerns. Public Works Director Tom Colbert reported that $1,500.00 of the $10,000.00 was from the engineering firm. Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. Mayor Ellison questioned if the Council should recommend Assessment No. 1 or Assessment No. 2. City Attorney James Sheldon informed the Council that their determination should not be made under threat of legal action but on the basis of benefit only. Mr. Colbert explained the rationale and also the options. Mayor Ellison stated he preferred the original assessment roll without modification. Councilmember Egan commented that the City should assume their portion of the costs and felt that the net result of the original assessment roll would be detrimental. Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Ellison moved, McCrea seconded, the motion to amend the previous motion to approve the final assessment roll as presented for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. On the motion by Egan, seconded by Gustafson, to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. Ellison, Wachter, Gustafson and Egan voted in favor; McCrea voted against. VACATE PUBLIC ACCESS EASEMENTS OUTLOT A - EAGAN WOODS OFFICE PARK City Administrator Tom Hedges reviewed the matter for the ,,Council. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the vacation of a public access easement within Outlot A of Eagan Woods Office Park. All voted in favor. SPECIAL ASSESSMENTS/PIETRAN PROPERTIES/SILVER BELL CENTER City Administrator Tom Hedges presented the background information to the Council regarding the matter. Dale Ahlquist (representative for applicant) objected to the financial obligation condition. He stated that no mention of the condition was previously made. He further stated he understood it was a mistake from the 1970 project and he felt the assessment was unfair. He commented that the applicant would receive no benefit from the storm sewer. He commented that he was confused and the applicant was opposed to the assessment. City Administrator Tom Hedges explained the assessment policy and commented that staff was currently reviewing the policy. Councilmember Egan reported that the report did not indicate if the landowners received notice of the original assessment, had an opportunity to be heard or other input. Public Works Director Tom Colbert replied that either the assessment was not at the correct rate or the size was under-estimated. He further explained the procedure. McCrea moved, Egan seconded, the motion to deny an additional condition to the Metram Properties Company motor fuel sales conditional use permit requiring a financial obligation of $10,611.00 for storm sewer trunk, which had previously been assessed incorrectly. All voted in favor. Page 11/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Councilmember Gustafson remarked that the City should not collect these assessments as a condition. Mayor Ellison commented he felt staff should be more judicious in what they bring to the Council. EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR Egan moved, Wachter seconded, the motion to continue the matter until later in the meeting. All voted in favor. DANIEL DRIVE AND LEXINGTON POINTE PARKWAY RECONSIDER ALIGNMENT OF TRAILWAY City Administrator Tom Hedges introduced the matter. David Ashton (representative for the neighborhood) gave a brief history of the area. He stated that the bike trail intersected driveways and he had safety concerns. He further commented that the neighborhood had changed and pointed out that across the street there were no driveways. Councilmember Gustafson questioned if the alternative was to place the bikes on the street. Councilmember McCrea questioned the ownership of the land to the north. Public Works Director Tom Colbert stated it was BUD property and would be sold. Mr. Colbert pointed out the area to the Council. McCrea shared Gustafson's concerns ana commented she did not want the bikes in the streets. She questionea if the trail could be located on the other side of the street. Mr. Colbert replied there were less driveways on the other side but that the front yards would give more benefit. Councilmember Egan questioned if there were any engineering problems with the other side of the street. Mr. Colbert stated he did not believe so but he would check into the matter. Councilmember Wachter announced he would still have safety concerns even if the trail were moved to the other side of the street. Councilmember Gustafson questioned if safety was the only issue and asked if the neighbors had concerns regarding aesthetics. Mr. Ashton stated he felt it was a factor but not a primary one. Mayor Ellison asked for a show of hands of the neighbors. Mr. Ashton stated there would be three "no's" on the other side of the street. Councilmember Gustafson requested the staff review the matter and suggested looking into moving the trail to the other side of the street for aesthetic and safety reasons. Gustafson moved, McCrea seconded, the motion to continue to the May 15, 1989, City Council meeting the alignment to the trailway Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 along Lexington Pointe Parkway and Daniel Drive, to allow staff to further review the matter. All voted in favor. Councilmember Egan questioned if in rezoning there had been a change of criteria for trails. City Planner Jim Sturm replied no. Egan questioned who would pay the costs. City Administrator Tom Hedges stated that the developer would probably pay the costs. Mayor Ellison pointed out that the master trail plan should be interconnected and further commented that the plan was in effect before the homes were built. Councilmember McCrea requested that the Park and Recreation Department examine the placement of the trailways. DECLARE SURPLUS PROPERTY/SET AUCTION DATE City Administrator Tom Hedges introduced the matter and ,distributed a list of additional surplus property to the Council. Wachter moved, Egan seconded, the motion to approve the declaration of certain City property and police evidence as surplus and authorized the sale and auction on June 3, 1989; with the exception of those items that will be sold through a published ad in the League of Minnesota Cities magazine. All voted in favor. VARIANCE/WARFIELD/FRONT YARD SETBACK City Planner Jim Sturm summarized the application for the Council. Denise Warfield was available for questions. Councilmember Egan stated he saw no justification for the variance as the garage would be ten feet in front and that the house could fit on the lot. Mayor Ellison commented that there was a neea for a hardship to approve a variance. Councilmember Gustafson asked why the adjoining lot had received a variance. City Planner Jim Sturm responded it was because of the slopes. Egan moved, McCrea seconded, the motion to deny the ten foot variance to the 30 foot front yard setback to allow the construction of a home and attached garage in Lot 4, Block 2, LeMay Lake Hills Addition as applied for by Bobby and Denise Warfield. All voted in favor. PRELIMINARY PLAT/KINGSWOOD 3RD ADDITION City Administrator Tom Hedges updated the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of the preliminary plat and the variance. City Planner Jim Sturm recommended elimination of the possibility of the outlots becoming tax forfeitures. Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Rolly Crawford (attorney for developer) explained the development to the Council and stated that the variance was for the cul-de-sac because of the ponding area. He agreed to all APC conditions. He pointed out that only two issues remained - 1. treatment of the Hank Bruestle (adjoining landowner) assessment; and 2. the outlot problem. In regards to number 1., Mr. Crawford stated that he felt the cost of the road should be distributed to the benefited property; however, that Mr. Horne would assume the cost of the entire roadway with a covenant denying access unless Mr. Borne was reimbursed. In regards to number 2., Mr. Crawford stated that all outlots should be put into the Homeowners' Association control. He pointed out that there would be minimal or no maintenance needed. He informed the Council he was available for their questions. Councilmember Wachter had questions regarding the location of the northern lots. Mayor Ellison questioned the past practice. Public ,,Works Director Tom Colbert stated that the roadway must be available before the development could proceed. Mr. Crawford commented that the City would not be liable if the permit wasn't granted. City Attorney Jim Sheldon stated that the agreement should not involve the City. Mr. Crawford mentioned that the developer did not want to pay 100% without covenants. Hank Bruestle reported that he had no problem with the covenant agreement. He had concerns regarding the retaining wall. He felt it was a good plan but requested a safety rail. Councilmember Egan questioned the City's position on the road connection. Mr. Colbert stated it was totally a local street. Mayor Ellison had concerns regarding the outlots. Mr. Crawford again recommended control by the Homeowners' Association. He observed that even if the land was forfeited, it would not be a major liability for the City. He commented that to attach the outlot to a single lot would make it unsalable. Mr. Colbert pointed out that outlots on cul-de-sacs could be right-of-ways. He stated that if they were not maintained, the City could remove the outlots and blacktop. City Planner Jim Sturm recommended bringing the street up to the MnDOT property line. Mr. Crawford pointed out that the present layout allowed the grading and planting. He stated the developer was willing to work with staff and was also willing to have a condition that the preliminary plat approval be subject to the outlot resolution. Mr. Sheldon informed the Council that the outlot problem could be attached and at a later time amended by negotiation. Councilmember Egan agreed and stated he felt the cul-de-sac islands should be a right-of-way. Egan moved, McCrea seconded, the motion to approve a preliminary plat consisting of forty-six single family lots on 28.0 acres locateq Page 14/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 along the west side of Pilot Knob Road in the southeast quarter of Section 16 and the northeast quarter of Section 21, as requested by Horne Development, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl and G1. 2. The outlot adjoining 35E shall be attached to the adjoining lots and potential tax forfeiture issues shall be resolved prior to the final plat submission concerning the outlots and cul-de-sac islands shall be included as right-of-way. 3. The development will be required to submit detailed plans and specifications for the proposed retaining walls (including a safety railing) construction for staff's review and approval. 4. All slope areas are required to be 3-1 or less. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a variance to the 500 foot requirement for a cul-de-sac in regard to the Kingswood 3rd Addition, as requested by Horne Development. All voted in favor. SEE PLAT FILE PRELIMINARY PLAT/EAGAN CENTER 3RD ADDITION City Administrator Tom Hedges briefed the Council on the matter. Randy Peterson (New Horizon) and John Camp (Tri-Land) attended the meeting and were available for questions. Councilmember Egan expressed concern regarding the large outlot. Brad Swenson replied that the platting was for bookkeeping purposes. Egan asked why there was not a larger development. Mr. Swenson stated they were following the overall plan. Public Works Director Tom Colbert questioned the need for two outlots. Mr. Swenson replied they were setting up boundaries for the church. Councilmember Egan requested an interpretation of the CSC ordinance. He wondered if each addition was considered separately to meet the 20,000.00 square foot minimum for first phase development. City Attorney Jim Sheldon responded that if two of the criteria of the ordinance were met, the development was ok. Gustafson moved, Wachter seconded, the motion to approve a preliminary plat for Eagan Center 3rd Addition consisting of one lot and three outlots on 32.21 Planned Development - Community Shopping Center zoned acres located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northeast quarter of Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 Section 26, as requested by Tri-Land Partnership, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2 F B3, Cl, C2 F C3 p C4 F C5 F Dl, El, Fl, and G1. 2. No parking on Lexington Avenue or Lexington Pointe Parkway shall be permitted. 3. The development is required to provide sewer and water service to the northerly adjacent property. 4. The development is required to provide a black chainlink fence or other limited visibility fencing. 5. The parcel is within the Lexington South Planned Development and subject to a cash obligation according to a subsequent Planned Development Agreement. 6. The development is responsible for the placement of a six foot concrete sidewalk along Lexington Pointe Parkway and an eight bituminous trail along Lexington Avenue. All voted in favor. Gustafson moved, Wachter seconded, the motion to approve a conditional use permit for a daycare facility in a Community Shopping Center district in Eagan Center 3rd Addition, located along the east side of Lexington Avenue, south of Kensington Trail (extended) in the northwest quarter of Section 26, as requested by Tri-Land Partnership. All voted in favor. SEE PLAT FILE EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR City Administrator Tom Hedges summarized the matter for the Council. Walter Rockenstein presented his recommendation and alternatives for a resolution of the issue. He distributed a handout and introduced the airport personnel and MAC staff. He summarized the following items: 1. FAA procedures for runways; 2. Alternatives to the present flight paths; 3. Diagram of what a controller views; 4. How controllers control the air space; Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 5. Separation criteria for runways; 6. Review of actual flight tracts; and 7. The four alternatives (which he presented and detailed). Bill Skarre asked how the center point related to the commercial corridor. Mr. Rockenstein explained the commercial corridor. Doug Powers (Air Traffic Manager) explained the rationale for various runway headings. He pointed out that the wino had been taken into consideration. Mayor Ellison commented he felt the only option was the one in the middle. Mr. Rockenstein reported that the FAA would not accept .any of the alternatives. Mayor Ellison suggested a workshop to discuss the alternative. City Administrator Tom Hedges pointed out that the Eagan Land Use was important and that the Met Council should be involved in the alternatives. Mr. Hohenstein stated that the solution should deal with the Met Council contours. He further reviewed the history of the situation. Mayor Ellison thanked Mr. Rockenstein for attending the meeting and presenting the matter to the Council. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ CONDITIONAL USE PERMIT - SODERHOLM ADDITION AND CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ SOUTHWEST QUARTER OF SECTION 23 City Administrator Tom Hedges reviewed the background information and explained the reasons for the resubmittal of the plan. Dale Reines (developer) recapped the changes for the Council. He presented the petition to the Council and stated that the development had the neighborhood support. Be described the access and commented there was not opposition to the access onto Diffley. City Planner Jim Sturm pointed out that there was full access at the present time, but it would be a right-in/right-out in the future. Councilmember McCrea asked for the traffic count figures. Ray Connolly replied there would be between 12,000 and 14,000 when the area was fully developed. Mr. Reines stated there were two legal accesses at the present time and that two would be closed, which would provide for one access in a better location. He reported that the County had already approved the matter. McCrea questioned eliminating the Diffley access. The developer commented that the proposed uses could not Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 sufficiently be serviced. Be stated the traffic was quite light. McCrea questioned if the traffic circulation would work without the Diffley access. City Planner Jim Sturm stated yes. Mayor Ellison asked why the internal access did not connect across. The developer commented that it was planned for in phase two. Be further stated that the cut on Diffley was crucial for the bank and that Soderholm favored connecting Lexington and Lexington Way. Councilmember Egan questioned why the buildings should be connected. The developer commented it would improve the flow of traffic and the parking situation. Be informed the Council they had worked hard with the consulting engineer. Councilmember Gustafson asked the developer what agreement was reached with the County. The developer replied that the County agreed with the Diffley cut. Gustafson pointed out that since the County Board approved the plan, he was leaning toward agreeing with the County. Councilmember Egan disagreed and stated that just because the residential use has an access, it doesn't mean the same for this development. Councilmember McCrea asked if the neighbors favored townhomes. The developer replied no. Councilmember Wachter commentea he did not see a reason to change the Comprehensive Guide Plan. Mayor Ellison stated that the parcel would not work well with multiple dwellings and pointed out that Limited Business was lower density. Councilmember Gustafson agreed. Councilmember Egan stated the Council should not consider the matter without a major change and that the Advisory Planning Commission should have pointed it out. Be felt the area has an excess of retail business and that most of the site had undesignated Limited Business. Be pointed out that the Comprehensive Guide Plan showed Single Family. Be was opposed to a change and stated that the access problems continue. Be suggested that the reasons for the denial had not changed. City Attorney Jim Sheldon explained that staff should prepare a resolution stating the reasons for the denial. Egan moved, Wachter seconded, the motion to deny a Comprehensive Guide Plan Amendment from D-I to Limited Business for the following reasons: 1. There was no material change from the last proposal. 2. The Laventhol & Horwath retail study shows an excess of retail land in this particular node (node 3). An example is the retail land across the street which is properly zoned but not developing. 3. Limited Business is said to be an obsolete zoning use by the developers. Has been a difficult classification to deal with. This development shows large tracts of undesignated Limited Business. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 4. The Comprehensive Guide Plan shows D-I uses as a recent designation and should not change to Commercial. The Coucil has adopted a policy to rezone multi residential lots downward to single family whenever possible and not upward to a more intensive use. 5. There are continuing access problems onto Diffley and Lexington. The proposed accesses do not meet County standards. McCrea, Wachter, and Egan voted in favor; Ellison and Gustafson voted against. Egan moved, Wachter seconded, the motion to refer back to the Advisory Planning Commission for further consideration the Comprehensive Guide Plan Amendment and rezoning of 1.5 Multiple acres within the Lexington South Planned Development to Limited Business, located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. Wachter, Ellison and Egan voted in favor; McCrea and Gustafson voted against. Councilmember McCrea pointed out she felt it was a good site for townhomes. PRELIMINARY PLAT/EAGAN WOODS OFFICE PARK II City Planner Jim Sturm introduced the matter to the Council and pointed out that a 60 foot roadway would be required. He suggested the addition of a proposed condition stating that the developer was required to provide the City with a recordable document regarding the parking. Linda Fisher (attorney) reviewed the staff report and concurred with all of the conditions by the staff and the Advisory Planning Commission. She informed the Council she was available for questions. City Attorney Jim Sheldon requested a correction to proposed condition number 10 in which it should state that any development of the outlot must be reviewed by the Advisory Planning Commission and approved by the City Council prior to development. McCrea moved, Gustafson seconded, the motion to approve a preliminary plat consisting of one lot for one office building and an outlot for future development on 25.9 Planned Development district acres and a variance for the building setback, located in the southwest corner of Pilot Knob Road and 1-494 in the northeast quarter of Section 4, as requested by Trammel Crowe Company for the Eagan Woods Office Park II, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C4 r C5, Dl, El, Fl, and G1. Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 2. All conditions within the Eagan Woods Planned Development shall be adhered to. 3. 209 parking stalls shall be provided. If a shortage does occur, additional parking will be created on adjacent property. 4. All trash shall be contained within the building. 5. Rooftop mechanical equipment shall not be visible from 1-494 or Pilot Knob Road. 6. The building setback variance shall be approved as per the site plan. 7. Accoustical treatment shall be provided within the building in order to minimize any noise impacts from planes overhead or traffic along 1-494 and Pilot Knob Road. 8. The developer is required to submit detail plans and specifications of the proposed retaining wall construction as a part of the site plan review for staff review and approval. 9. The development is required to install street lighting. 10. Any development of the outlot must be reviewed by the Advisory Planning Commission and approved by the City Council prior to development. All voted in favor. SEE PLAT FILE COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ CONDITIONAL USE PERMIT - RASMUSSEN COLLEGE SYSTEM City Administrator Tom Hedges briefed the Council regarding the matter and stated that the Advisory Planning Commission recommended approval of all four applications. Bob Nimitz (Rasmussen representative) was present at the meeting and available for questions. Councilmember McCrea questioned if there was a sufficient amount of parking stalls. Mr. Nimitz responded there was sufficient parking stalls. McCrea requested the demographics of the students and asked if greenery could be added to the lot. Mr. Nimitz stated that they have not had any litter problems and pointed out that there was substantial landscaping in the plans. McCrea questioned if other sites for the College had been examined. The developer stated yes. Councilmember Egan questioned the amount of the required parking. City Planner Jim Sturm replied about 160. Mayor Ellison asked if the Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 developer had any desire for expansion. The developer commented no, that 300 was the maximum. City Planner Jim Sturm reported to the Council that the cross-easement would be required with Outlot A because of the lining up of the access with apartments to the west. Be stated there was a need for flexibility. McCrea moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from D-III (Mixed Residential, 6-12 units per acre) to LB (Limited Business), for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the rezoning of 8.52 R-4 (Multiple Residential) acres to an LB (Limited Business) district for the Rasmussen College Campus. All voted in favor. McCrea moved, Wachter seconded, the motion to approve a preliminary plat consisting of one lot and one outlot located along the east side of Federal Drive, south of Washington Drive, in the northeast quarter of Section 16, as requested by Rasmussen College System for the Rasmussen College Campus, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, B1, B2, Cl, C2, C4, Dl, El, Fl, and G1. 2. The City will require a cross-easement with Outlot A. 3. The mechanical equipment shall not be visible from the street. 4. The trash enclosure shall consist of the same material as the building. 5. The ground sign shall meet all Code size and height requirements and all signage shall be subject to the one time sign fee of $2.50 per square foot. 6. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for City staff review and approval as a part of the technical plat review. 7. Slope easements are required from adjacent properties where grading extends beyond the development boundaries. 8. Entrance to the site is required to be opposite the existing entrance on the west side of Federal Drive. Page 21/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 9. The development is required to provide irrigation for the landscaping. All voted in favor. McCrea moved, Egan seconded, the motion to approve a conditional use permit to allow a private school in a Limited Business district located along the east side of Federal Drive, south of Washington Drive, in the northeast quarter of Section 16, as requested by Rasmussen College System for the Rasmussen College Campus. All voted in favor. R-89.20 DNR CITIZEN TASK FORCE Councilmember Wachter informed the Council that Orville McCullough was also interested to serve as a member of the task force. Wachter moved, Egan seconded, the motion to designate Orville McCullough to serve on the DNR task force to evaluate and develop a long range deer management program for the Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and adjacent deer concentration areas. All voted in favor. Councilmember McCrea stated she felt a notice should be placed in the newspapers. Councilmember Egan stated the matter should return before the Council in the future. FINAL PLAT/BLUE RIDGE 2ND ADDITION Egan moved, Gustafson seconded, the motion to continue indefinitely the Blue Ridge 2nd Addition final plat. All voted in favor. HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION Wachter moved, Gustafson seconded, the motion to approve the recommendation of the History Committee as it relates to the relocation and future restoration of the old town hall building. All voted in favor. CLEAN UP DAY/MAY 6, 1989 McCrea moved, Wachter seconded, the motion to designate May 6, 1989, as clean up day in the City of Eagan. All voted in favor. City Administrator Tom Hedges informed the Council that the builders needed self-contained material containers. Page 22/EAGAN CITY COUNCIL MEETING MINUTES April 18, 1989 DEPARTMENT OF PUBLIC WORKS/WATER USE RESTRICTIONS Public Works Director Tom Colbert introduced the matter to the Council. He questioned if the ban should be City wide or only City water. He recommended exceptions for new sod and landscaping. He reported that a City wide ban was easier to enforce. Egan moved, Wachter seconded, the motion to approve a water use restriction for odd/even days during the months of June, July and August, 1989, excluding private wells. All voted in favor. COUNCIL DISCUSSION Mayor Ellison requested an update regarding the wood pile in Vienna Lane. City Planner Jim Sturm updated the Council. Councilmember McCrea requested an update regarding insurance. City Administrator Tom Hedges updated the matter. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated March 31, 1989, in the amount of $2,036,954.91 and the checklist dated April 18, 1989, in the amount of $921,574.12. All voted in favor. ADJOURNMENT Upon motion duly made by Egan, seconded by Wachter, the meeting was adjourned at 12:00 a. m. All voted in favor. CITY OF EAGAN AA sea 1~m Lie E. T. VanOverbeke, City Clerk