Loading...
11/01/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 1, 1988 A regular meeting of the Eagan City Council was held on Tuesday, November 1, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, Community Development Director Dale Runkle, and City Attorney James Sheldon. AGENDA Item F. under New Business (Roseagan Addition) was continued until the November 15, 1988, meeting. Item E under New Business (Linville Properties, Inc. - Conditional Use Permit) was sent back to the Planning Commission. Gustafson moved, Egan seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES October 18, 1988. Councilmember Egan requested changes on page 8, paragraph 4, the last sentence should read "Councilmember Gustafson remarked that he felt it was a good use of the land and preferred it over the R-3 zoning." He also requested a deletion on page 12, paragraph 7, of "3.2"; and page 13, last paragraph, should read "Gustafson, Wachter, and McCrea voted in favor; Ellison and Egan voted against." Tom Colbert requested a change on page 16, paragraph 8, the deletion of "Mr. Colbert's" and the replacement with "the Committee's". Egan moved, Wachter seconded, the motion to approve the minutes for the October 18, 1988, regular meeting as amended. All voted in favor. October 11, 1988. Councilmember Egan stated the minutes should reflect that Councilmembers were present at the meeting and who participated in the interviews. Egan moved, Wachter seconded, the motion to approve the minutes for the October 11, 1988, special meeting as amended. All voted in favor. Page 2/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 October 12, 1988. Wachter moved, Gustafson seconded, the motion to approve the minutes for the October 12, 1988, special meeting as presented. All voted in favor. TAX ABATEMENT/DAKOTA COUNTY ASSESSOR'S OFFICE City Administrator Tom Hedges informed the Council that Bill Peterson, who represented the Dakota County Assessor's Office, had presented a request for a tax abatement for Joseph Licha, as approximately one/half acre of land was lost to the highway taking in 1985. Councilmember Egan requested clarification regarding the amount and the rationale for the reduction. Mr. Hedges explained the matter to the Council and stated it was a small amount which was requested by the County. Egan moved, Gustafson seconded, the motion to approve the tax abatement as presented by the Dakota County Assessor's Office for Joseph Licha. All voted in favor. FISHING PIER/FISH LAKE/AGREEMENT City Administrator Tom Hedges introduced the item and outlined the staff report. Councilmember McCrea had several questions regarding the cost to the City, available funds for the project, the maintenance cost, and staff requirements. Mr. Hedges responded to her questions and stated the City would maintain the project. McCrea stated she was concerned about the amount of the cost the City was accumulating and would like a projection of on-going costs. Mr. Hedges stated staff would prepare the report. McCrea questioned if the pier was year-round. Mr. Hedges stated the pier would be used year-round. Wachter moved, Gustafson seconded, the motion to authorize the Mayor and City Clerk to enter into a cooperative agreement with the Minnesota Department of Natural Resources for the installation and operation of a fishing pier on Fish Lake under the terms and conditions of the CORE Agreement. All voted in favor. Councilmember Wachter stated he also was concerned with the park costs. DEPARTMENT HEAD BUSINESS Chief Southorn updated the Council on the dedication of the training center. Page 3/EAGAN CITY COUNCIL MEETING MINUTES--_.,' November 1, 1988 Councilmember Wachter stated he felt there was excessive parking in front of the Post Office. City Administrator Tom Hedges introduced the new administrative intern. CONSENT AGENDA Item A. Personnel Items. 1. Combination Building Inspector. This matter was continued until the November 15, 1988, meeting. 2. Street Supervisor. It was recommended to accept the resignation of Lance Lundsten and authorize the advertisement for a replacement for the position of street supervisor at the City of Eagan. Item B. Policy, Affirmative Action. It was recommended to approve the City of Eagan's Affirmative Action Plan and authorize it's submission to the Minnesota Department of Human Rights. Item C. Plumbers Licenses. It was recommended to approve the plumbers licenses for Benke Company; College City Mechanical; Crown Plumbing; H&H Plumbing; Seitz Brothers, Inc.; and Summit Plumbing & Heating. Item D. Contract 88-23, Approve Change Order No. 2 (Cliff Lake Centre - Streets). It was recommended to approve Change Order No. 2 (add $8,395.00) to Contract 88-23 (Cliff Lake Centre - Streets) and authorize the Mayor and City Clerk to execute all related documents. Item E. Approve Final Plat, Woodlands 2nd Addition. It was recommended to approve the final plat for the Woodlands 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.84 Item F. Contract 88-24. Receive Bids/Award Contract (Lexington Avenue Reservoir). It was recommended to receive the bids for Contract 88-24 (Lexington Avenue Reservoir) and continue consideration of contract award until January 17, 1989, and to encourage the City Attorney's Office to expedite the acquisition of the property. Page 4/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Item G. Receive Bids/Award Sale of Street Division Vehicles. It was recommended to approve the sale of four surplus City vehicles to Johnson Motor Sales. Item H. Receive Bids/Award Sale of Police Department Vehicle No. 16 and Engineering Division Vehicle No. 103. It was recommended to approve the sale of two surplus City vehicles to Metro Auto and Suburban Auto. Item I. Contract 87-11, Final Payment/Acceptance (Greensboro 2nd Addition - Streets and Utilities). It was recommended to approve the sixth and final payment for Contract 87-11 (Greensboro 2nd Addition - Streets and Utilities) in the amount of $9,184.73 to G.L. Contracting, Inc. and authorize the acceptance of improvements for perpetual City maintenance. Item J. Contract 85-JJ, Final Acceptance (Norwest 2nd Addition - utilities). It was recommended to approve Contract 85-JJ (Norwest 2nd Addition - Utilities) for perpetual maintenance. Item K. Contract 87-A, Final Acceptance (Lexington Square 5th & 7th Additions - Utilities) . It was recommended to approve Contract 87-A (Lexington Square 5th & 7th Additions) for perpetual maintenance. Item L. Contract 87-C, Final Acceptance (Lone Oak 2nd Addition - Utilities). It was recommended to approve Contract 87-C (Lone Oak 2nd Addition - Utilities) for perpetual maintenance. Item M. Contract 88-28, Approve Plan/Authorize Ad for Bids (Fire Stations No. 1, No. 2. and No. 3 - Parking Lots). It was recommended to approve the plans and specifications for Contract 88-28 (Fire Stations No. 1, No. 2, and No.3 - Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, December 1, 1988. Item N. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Galaxie Cliff Plaza). It was recommended to receive the petition to vacate the drainage and utility easement within the proposed Galaxie Cliff Plaza Page 5/EAGAN CITY COUNCIL MEETING MINUTES rc~' November 1, 1988 Addition and schedule a formal public hearing to be held on December 6, 1988. Item 0. Vacate Public Right-of-Way and Drainage/Utility Easements. Sunwood Court and Sunrise Hills Addition. It was recommended to receive the petition to vacate the public right-of-way for Sunwood Court and drainage/utility easements within a portion of Sunrise Hills Addition and schedule a public hearing to be held on December 6, 1988. Wachter moved, McCrea seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. VACATE PUBLIC RIGHT-OF-WAY/SAFARI PASS Public Works Director Tom Colbert informed the Council that a petition had been received to consider the vacation of a portion of the public right-of-way for Safari Pass. He stated the excessive public right-of-way was acquired by MnDOT as a part of the I-35E/Cedar Avenue freeway construction and subsequently was turned back to the City. All notices had been published in the legal newspaper and sent to all potentially affected utility companies. Staff had not received any objections to the proposed vacation. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a partial right-of-way for Safari Pass. All voted in favor. PRELIMINARY PLAT/SENECA PLANT ADDITION/MWCC City Administrator Tom Hedges summarized the history on the matter. Community Development Director Dale Runkle gave a short presentation on the location, size, zoning concerns, operations, odor quantification and the peat movement. A representative for MWCC gave a brief history of the proposal. Bob Isaacson (MW CC - Engineering Division) explained the purpose of the upgrade consisting of a one-third capacity increase. He stated the project must be completed in 1992 which would necessitate construction beginning in 1989. He reported that the two issues which needed to be resolved regarded the odors and the stacking of the excess peat. He also presented an evaluation of the cost for the eastern expansion. He presented letters to the Council from the MWCC. Mr. Isaacson described the neighborhood meetings which resulted in two resolutions: 1. Evaluate the best odor control technology. Page 6/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 t'. 2. Move the peat (which would cost $1.7 million). He stated there are six potential conditions: 1. Odor control systems. 2. Cost and schedules for odor control. 3. Meetings with the Eagan citizens. 4. Solve the Nichols odor problem. 5. Peat disposal. 6. Building permit issuance contingent on meeting all conditions. He impressed upon the Council the need to proceed and requested approval. Councilmember Egan commented that there were many unanswered questions and that the present plant has problems. He questioned if these problems would be solved before the expansion. He questioned why the 1992 completion date and if the existing problem with the odor would be addressed. He questioned the type of technology to be used and the results. He asked what assurances the City would have that the processes would be implemented once a permit was issued. He also asked if the incineration would be discontinued. A representative for MWCC explained the incinerator options. He stated the incinerator is an odor source and very expensive but that it may be phased out. He stated there are many options to examine. They are proposing state-of-the-art odor control. Councilmember Egan questioned if the controls were quantifiable and if they were guaranteed. The developer stated they were quantifiable and estimated that 95% plus of the odor would be removed. He stated there were specific odor units designed to more than adequately treat the odors. Jim Hiniker informed the Council that the 1992 date was necessary as the EPA demanded the earliest possible date. He explained the technology of the incinerator. Councilmember Egan questioned if the liquid process would be evaluated. The developer stated the MWCC directed the incinerator investigation. Egan questioned if the City had methods to monitor compliance. Mr. Colbert stated that perhaps it could be monitored through the County Health Department. Mr. Hedges informed the Council that monitoring had been discussed at the staff level. Page 7/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Councilmember Gustafson questioned if the City monitored and found non-compliance, what the City's next step would be. He felt the 1992 date was unreasonable and MWCC should go back to the EPA. He had concerns regarding the odor problem and questioned why it was recurring and asked if the state-of-the-art technology was used in the past. The developer explained past methods used. He stated the new plant would be remodeled. Councilmember Wachter was in agreement with Mr. Egan and Mr. Gustafson. He stated MWCC's track record was not good. Councilmember McCrea applauded the efforts of MWCC but needed further assurances to feel confident of future performance. The developer further explained the odor controls and stated a program of monitoring could be developed in conjunction with the City. It is the intent of MWCC to make the facility a good neighbor. Councilmember Egan questioned if there was any supervision in the consent decree to meet the standards. The developer stated there is no specific language addressing the odors and explained the origin of the consent decree. He further stated that the EPA wanted a faster schedule. Councilmember Wachter asked for an update on the long-range plan. The developer summarized the long-range plan. Wachter questioned why Eagan should bear the entire burden. The developer stated that Blue Lake, Empire, and Stillwater were also involved. Terrell Fridley (Attorney for Citizens Against Seneca Expansion) informed the Council his client opposed the expansion and that the Council should take the opportunity to make MWCC live up to its promises. He stated his client would discuss the following issues: 1. History. 2. Construction plans. 3. Environmental. 4. Wildlife. 5. odor. 6. Traffic and noise. 7. Property valuation. Page 8/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 8. Other residents. 9. Future impact. Betty Bassett, 2101 Wuthering Heights Road, reviewed the history of the meetings with MWCC which, she stated ended in unsatisfactory results. She also reviewed the past history of MWCC lawsuits and the Seneca plant. She read her letter dated August 29, 1988 to the Council. Mayor Ellison asked which conditions were acceptable to the neighbors. Ms. Bassett stated the removing of peat. John Wesley, 1747 Bluehill, stated he felt MWCC was trying to create a regional sewage center. He commented on the construction plans and expressed concerns regarding the zoning. He stated he felt it should be Heavy Industrial. Eric Swanson (Citizens for a Better Environment) had two main concerns; one regarding the 1992 deadline, the water standards not being met, the expansion and the EPA standards. His second concern regarded no discharge limitations for toxic chemicals. Al Arends, 2133 Silver Bell Road, asked for the value of the equipment. He stated carbon filters did not work and had concerns regarding the incinerator, the monitoring, and zoning. He stated he felt property in the area would be devalued. Gary Mehrhoff, 2127 Silver Bell Road, had concerns regarding the traffic and the loudness of the PA system. He stated the area was used for recreation and urged rejection of the proposal. Mary Ranerine, 3785 Nichols, submitted a letter to the Council and urged rejection. She had environmental and wildlife concerns. Gerry Johnson, 3778 Golden Hill Terrace, informed the Council he felt the plant was too close to the housing. He had concerns regarding the odor and the environment. Mr. and Mrs. Sire, 2139 Silver Bell, informed the Council they were denied their mortgage because of the plant proximity to their house. They also had concerns regarding taxes. Ted Tennis, 2135 Wuthering Heights, had concerns regarding future expansion and urged rejection. Mike Hazel, 2129 Silver Bell, outlined the Seneca service area and stated he had concerns regarding future expansion. Page 9/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Loren Voigt, 4281 Svensk, stated he works for the PCA and was involved with the consent decree. He informed the Council he was available for questions. Councilmember Egan requested clarification of the Seneca violations. Mr. Voigt explained the violations. Mayor Ellison questioned the air quality. Mr. Voigt stated he was uncertain. Mr. Sheldon asked if air quality could be measured. Mr. Voigt states he was unsure but he would contact the staff at the department. Mr. Sheldon had questions regarding odor control. Mr. Voigt summarized the controls and stated there were air quality people on staff. The attorney for CASE summarized their presentation. The developer informed the Council that they had tried to answer the citizens' concerns and felt that the zoning was a City issue. He also stated the Blue Lake sludge would be phased out. Councilmember Egan questioned the firmness of the plans. Councilmember Gustafson stated he felt the plans should have a time frame. The developer stated that back in 1972, the plant capacity was foreseen before the year 2000. He stated he could not address the property valuations and that there were no plans for future expansions. Mr. Gustafson questioned what would prevent future expansions and further questioned the expansion plans. There was much discussion regarding future expansion. The developer stated the land to the west was a buffer. And that the land could be deeded to the City. He stated he felt they had fulfilled the City plat requirements. Councilmember Egan stated his concerns regarding the sludge hauling. The developer stated that Seneca was a regional center and that the costs would be associated with efficient requirements, not the expansion. He also stated they could not let all of the contracts at the present time and that the industrial uses would increase. He stated the present carbon filters were too small and that the PA system was being replaced. He also stated the construction would not begin until 1992 and outlined the percentages of future growth. Mayor Ellison had questions regarding the plans for the scrubbers on the stack. He asked if the ponds would be covered. The developer stated no, but that they would reconfigure their plans to improve the tank circulation. Page 10/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mayor Ellison questioned if a zoning change was needed. Mr. Runkle stated it could be allowed in an L-1 zoning district. Mr. Sheldon stated the zoning had never been questioned in the past and it would be difficult to change it at the present time. Councilmember Gustafson stated he felt three things would not change whether they denied or approved the project; odor, market value and surrounding zoning. He stated a potential solution may be to buy out the neighbors instead of moving the peat pile. Councilmember McCrea questioned if Seneca violated the conditions, should the City impose sanctions. Mr. Sheldon questioned if the City wanted to get into the waste water management business. He stated if they did, he felt the staff was not qualified at the present time. McCrea stated the City should have a way of dealing with it on an on-going basis. Mr. Sheldon had enforcement concerns. McCrea questioned the disposition of the land to the west. The developer stated it would be used as a buffer. McCrea questioned continuing the matter for further review. Mr. Egan stated they had already passed the 120-day period. The developer stated he felt delays would not solve the problem and questioned if they could agree on a process and have the enforcement as a condition. Councilmember Gustafson stated the City already had six conditions and there were four or five others from the citizens and other City conditions. He suggested continuing the matter until the November 15, 1988 meeting to compile all of the conditions. Mayor Ellison stated he felt the matter should only be continued if the Council were going to move forward. McCrea stated she favored eventual approval for several reasons and if the conditions were assured, she would feel comfortable. Mayor Ellison recapped his experience in researching the plant. He stated MWCC had not dealt well with the past problems. He stated he had two objectives; one being to mitigate the odors. He also stated the plant must have the capacity for the future and that MWCC seemed serious about solving the problems. He also stated the odor problems would be less in the future. He felt the City would be better off to allow the expansion. He supported having conditions for approval. Councilmember Gustafson supported the Mayor's comments and felt it was better to go forward but they needed time to set up the list of conditions. He reiterated he felt the matter should be continued. Councilmember Egan questioned if there were plans to re-zone. Mr. Runkle stated there were no plans to re-zone. Page 11/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Mr. Egan stated he was skeptical of allowing MWCC to go forward based on the present information that was available. He felt the conditions still left the control to the MWCC and he wanted the controls more tightly established. He agreed with the neighborhood issues and felt there was a need for a facilitator to control the conditions. He also felt there was a need for a zero base to establish the criteria. He felt a change in plans should require a variance and that the buffer issue needed to be addressed. He asked if the City should seek professional consulting advice. He felt other agencies should impose fines and that it was not a City responsibility. Co uncilmember Wachter stated he felt Eagan had a right to establish the ratio of costs for the plant and that the neighbors should get something for their burden. Mayor Ellison asked if two weeks would be long enough to continue the matter. City Administrator Tom Hedges stated two weeks would be sufficient time to work on the conditions, however, it may not be sufficient time to obtain a consultant. Councilmember McCrea questioned if MWCC was agreeable to a two-week delay. The developer stated their plans were not complete and that a two-week delay was fine. The developer questioned if it could advertise for bids. McCrea moved, Gustafson seconded, the motion to continue the matter for two weeks until the November 15, 1988, Council meeting to allow all of the parties in good faith to establish conditions with the staff and a third party (at the discretion of the staff), review the conditions and present them to the Council for their review. All voted in favor. CONTRACT 87-26/CHANGE ORDER NO. 3 (WESCOTT ROAD - STREETS) City Administrator Tom Hedges updated the Council on the Contract and Change Order No. 3. Gustafson moved, Egan seconded, the motion to acknowledge the correction and reaffirm previous approval of Change Order No. 3 in the amount of $16,107.32 to Contract 87-26 (Wescott Road - Streets) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. STONEY POINT 2ND ADDITION/CLARIFICATION OF CONDITION Public Works Director Tom Colbert informed the Council of the necessity to clarify condition 13 of the Stoney Point preliminary plat. Page 12/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Wachter moved, Egan seconded, the motion to clarify condition number 13 of the Stoney Point preliminary plat approval regarding the requirement to interconnect the internal street to Pacific Avenue as a condition of the 2nd Addition final plat. All voted in favor. RIDGE HAVEN ADDITION/CLARIFICATION OF CONDITION Public Works Director Tom Colbert reported that staff had withheld the processing of the final plat application for the Ridge Haven Addition until the completion of the public hearing process to determine if 1) the Sibley Hills Drive access would be approved and 2) what the proportionate assessment responsibility for the proposed Ridge Haven Addition would be. He stated a letter had been received from the developer's engineer appealing the staff's position and requesting that the final plat application be allowed to proceed prior to the determination of whether Sibley Hills Drive access would be upgraded to City standards necessary to provide access for the 14 lot subdivision. Peter Knable (developer) asked to be allowed to waive the assessments by signing the agreement. Mr. Colbert stated he was unsure of the amount because of the nature of the improvements. Councilmember Egan stated he should not be tied to an uncertain amount. Mayor Ellison suggested leaving the matter open-ended. Mr. Colbert stated the upgrade of Sibley Hills Drive was also in question. The developer informed the Council they would like to complete the work this fall. Mr. Colbert stated the final plat should be delayed until the access question was solved. City Attorney Jim Sheldon stated that no action was necessary on the matter. RAHNCLIFF 2ND ADDITION/CLARIFICATION OF CONDITION Dale Runkle updated the Council on the matter. Ray Williams (Astleford) objected to the blockage and stated it was not a farm road. He further stated it had a detrimental affect. George Martin, 303 Cherrywood (Meineke Muffler), stated that the Rahn Cliff intersection is a dangerous intersection but not this particular intersection. He stated the blockage would handicap the business and he was opposed to the proposal. Dave Wurdiek (Rapid Oil) informed the Council the access was crucial to his business. Councilmember Wachter suggested putting in a temporary median. McCrea agreed with Wachter. Egan felt a temporary barrier was the best solution. Page 13/EAGAN CITY COUNCIL MEETING MINUTES ` November 1, 1988 Wachter moved, Gustafson seconded, the motion to request the County to install a temporary concrete median and request a full median extension on Cliff Road to improve the safety of the right-in and right-out turn movement from the Rahncliff 2nd Addition. All voted in favor. There was further discussion regarding the access problem. STRATFORD OAKS AND HIDDEN VALLEY/CONTRACT 88-35 Public Works Director Tom Colbert informed the Council that staff had been contacted by the developer of the proposed Stratford Oaks Addition stating it would not proceed with the development. Therefore, this portion of the Contract would have to be deleted when awarded. McCrea moved, Gustafson seconded, the motion to approve the easement acquisition, receive the bids and award revised Contract 88-35 (Hidden Valley - Sanitary Sewer) to the lowest responsible bidder. All voted in favor. PETITION/STOP SIGN/DODD ROAD AT FARM ROAD Public Works Director Tom Colbert reported to the Council that the traffic counts and the speed studies had been performed by the Engineering Department and the Police Department. He informed the Council of the results of those studies. John Remkus, 4880 Dodd Road, stated he was ambivalent about the stop sign. Donald Clark, 673 Farm Road, requested the City at least install a two-way sign. Councilmember Egan questioned if a yield sign would be appropriate at the intersection. Mr. Colbert stated yes. Wachter moved, McCrea seconded, the motion to deny the installation of stop signs at the intersection of Dodd Road and Farm Road and approve the installation of a yield sign on Farm Road. All voted in favor. Councilmember McCrea stated the report which was drafted by Mike Dougherty clarified when stop signs were a necessity. PETITION/STOP SIGN/COVINGTON LANE AT WEST BEACON HILL ROAD Public Works Director Tom Colbert informed the Council the traffic count and speed control studies had been performed and there appeared to be no significant situations that would warrant the installation of stop signs. Page 14/EAGAN CITY COUNCIL MEETING MINUTES November 1, 1988 Ann Uzendoski, 1627 Covington Lane, thanked Tom Colbert for his quick action. She questioned if the study was complete enough to make a judgment. Greg Boon, 1631 Covington Lane, stated he felt the study was inadequate and urged the Council to approve the petition. Councilmember Wachter suggested that there may be the need to re-evaluate past stop signs. There was much discussion regarding the purpose and validity of stop signs. Wachter moved, Egan seconded, the motion to deny the installation of stop signs on Covington Lane at West Beacon Hill Road. All voted in favor. Councilmember Wachter again stated he felt it was necessary to re-evaluate the other non-conforming signs. Mayor Ellison agreed. Councilmember Egan suggested prioritizing them. ORDINANCE AMENDMENT/NON-INTOXICATING MALT LIQUOR LICENSE City Administrator Tom Hedges summarized the background on the ordinance amendment. McCrea moved, Gustafson seconded, the motion to approve an ordinance amendment to the non-intoxicating malt liquor license which specifically addresses waiver of the 5% ownership regulations for non-intoxicating malt liquor licenses. All voted in favor. LIQUOR LICENSE/PIZZA HUT Egan moved, Wachter seconded, the motion to approve an on-sale 3.2 beer and wine license at Pizza Hut located on Lot 1, Block 1, Town Center 70 9th Addition. All voted in favor. RABNCLIFF 2ND ADDITION/AMENDMENT/PLANNED DEVELOPMENT AGREEMENT Dale Runkle informed the Council of the request received from the developer for an amendment to the approved Planned Development Agreement to combine Lots 2 and 3, Block 3, Rahncliff 2nd Addition, into a single lot. He stated the reason for the amendment request was to combine the parcels for single ownership. McCrea moved, Egan seconded, the motion to approve the amendment to the Rahncliff 2nd Addition Planned Development Agreement as presented. All voted in favor. Page 15/EAGAN CITY COUNCIL MEETING MINUTES November 1 , 1988 VARIANCE/REAR YARD SETBACK/SCOTT AND SUSAN BJERKE Dale Runkle updated the Council on the background of the application for a rear yard setback for Scott and Susan Bjerke. Mayor Ellison asked if the applicant had been in contact with the HRA. Mr. Bjerke stated he had been in contact with the HRA once. Egan moved, McCrea seconded, the motion to approve a request for a five foot variance to the five foot rear yard setback for Lot 16, Block 2, Safari Estates Addition as presented. All voted in favor. Mr. Bjerke complimented the City staff for their assistance in the matter. CONDITIONAL USE PERMIT/LINVILLE PROPERTIES FOR CAR WASH/RAPID OIL CHANGE/PYLON SIGN Egan moved, Gustafson seconded, the motion to refer the matter back to the Advisory Planning Commission for further review due to changes proposed by the developer. All voted in favor. COMPREHENSIVE GUIDE PLAN AMENDMENT/RE-ZONING/PRELIMINARY PLAT/ROSEAGAN ADDITION Gustafson moved, McCrea seconded, the motion to continue the matter to the November 15, 1988, City Council meeting. All voted in favor. RECONSIDERATION/SPECIAL ASSESSMENT CONDITION OF WAIVER OF PLAT/VINCE AND ILENE KENNEDY City Administrator Tom Hedges summarized the background on the matter for the Council. Vince Kennedy, 3830 Pilot Knob Road, objected to the special assessment. Mr. Colbert explained the reason for the assessment. Mr. Kennedy stated the split was for financing purposes. There was further discussion regarding the Lone Oak assessments. Councilmember Egan stated he felt the City should assess when the developer had a financial transaction. Egan moved, Gustafson seconded, the motion to reconsider the motion to deny the request for waiving the assessments as proposed for Lot 5, Zender Acres. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the request to waive the special assessment condition of the waiver of plat for Lot 5, Zender Acres. All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES November 1 , 1988 FINAL PLAT/RAHNCLIFF 2ND ADDITION Public Works Director Tom Colbert stated all final plat application materials had been submitted, reviewed by staff and found to be in order. McCrea moved, Wachter seconded, the motion to approve the final plat for Rahncliff Addition and authorized the Mayor and City Clerk to execute all related documents. All voted in favor. R-88.85 DAKOTA COUNTY BRA HOUSING REVENUE BOND APPLICATION/ALDEN PONDS TOWNHOMES City Administrator Tom Hedges stated the application was for the County Housing Revenue Bond program and did not involve the sale or use of City bonds. Councilmember McCrea stated it would bring affordable housing to Eagan families. The applicant briefed the Council on the project. Mayor Ellison stated he supported the matter. Mr. Hedges briefed the Council on future project procedures. McCrea moved, Egan seconded, the motion to approve positive comment regarding Dakota County HRA Housing Revenue Bonds for Alden Ponds townhomes. All voted in favor. 1-494 TRAFFIC STUDY (LONE OAK ADDITION - NORTHWEST AIRLINES) Public Works Director Tom Colbert updated the Council on the 1-494 traffic study. Councilmember Egan questioned if the cost would be passed onto Northwest. Mr. Hedges stated there would be further updates. There was discussion regarding the options by the Council. Mayor Ellison stated he felt they should proceed and bill Northwest. Councilmember McCrea suggested itemizing the estimate. Egan moved, Wachter seconded, the motion to authorize a special traffic study for Dodd Road/I-494 area. All voted in favor. RAHN ROAD TRAIL/CHANGE ORDER NO. 1/CONTRACT 88-7 City Administrator Tom Hedges introduced the matter to the Council. Page 17/EAGAN CITY COUNCIL MEETING MINUTES November 1 , 1988 Egan moved, McCrea seconded, the motion to approve Change Order No. 1 to Improvement Contract 88-7 for the Rahn Road Trail in the amount of an additional $15,775.52. All voted in favor. SPECIAL COUNCIL MEETING/NOVEMBER 22, 1988 Egan moved, Wachter seconded, the motion to approve a special City Council workshop for November 22, 1988 to address the airport adequacy and the Public Enterprise budget. All voted in favor. COUNCIL UPDATES Dale Runkle discussed the options regarding accessory housing. Mayor Ellison stated he felt a legal opinion was necessary. Mr. Runkle also informed the Council that he had received complaints regarding the old farmhouse structures. Mr. Runkle also updated the Council on the NCS matter and stated the County now recommended the access. Councilmember Wachter discussed Fire Station No. 4 and the lighting on County Road 30 and Pilot Knob. Councilmember Gustafson questioned if a written comment had been issued regarding the Airport Task Force. There was discussion by the Council on this matter. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 1, 1988, in the amount of $1,359,524.32. All voted in favor. ADJOURNMENT Upon motion duly made by Gustafson, seconded by Wachter, the meeting was adjourned at 12:30 a.m. All voted in favor. CITY OF EAGAN By: ~a ~ftA& N I! E. J. anOverbeke Its: 40ity Clerk