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03/15/1988 - City Council Regular rv, ~ T' e MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 15, 1988 A regular meeting of the Eagan City Council was held on Tuesday, March 15, 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, Public Works Director Tom Colbert, City Planner Dale Runkle, and City Attorney Paul Hauge. AGENDA McCrea moved, Gustafson seconded the motion to approve the Agenda as submitted with the exception that H on New Business regarding Rahn Ridge Associates, Comp Guide amendment, planned development zoning and preliminary plat, was continued at the request of the applicant. All voted yes. MINUTES The minutes of the regular meeting of March 1, 1988 were submitted and upon motion by Gustafson, seconded Wachter, it was resolved that the minutes be approved with the following changes: Blackhawk Pond Addition on page 7, Mr. Hedges mentioned that the Advisory Planning Commission reviewed the project at its January 26, 1988 meeting and recommended approval at its meeting on February 25, 1988, subject to certain conditions; regarding Cliff Lake Center on page 13, Mayor Ellison noted that an additional 4 acres had been converted to commercial use by the December 1, 1987 plan in relation to the original planned development. All councilmembers voted in favor. FIRE DEPARTMENT City Administrator Tom Hedges submitted the plans and specifications for Fire Station No. 5 under Contract #88-1 and recommended that it be approved. Public Works Director Tom Colbert was present and explained that the completion and occupancy is scheduled in the Fall of 1988 but the plans are not completed and recommended that the Clerk be authorized to advertise for bids with the bid opening at 10:00 a.m. on Thursday, April 14, 1988, but that the date may be changed in the event that there is inadequate time to complete the bidding. Egan moved, McCrea seconded the motion to accept the recommendation to authorize the advertisement for bids and for the bid opening as proposed, noting the importance of acquiring bids as soon as possible. All voted in favor. 1 Council a Minutes March 15, 1988 PARK & RECREATION DEPT. - COMMUNITY CENTER STUDY Mr. Hedges then reviewed with the city Council the recommendation of the Advisory Park and Recreation Department for Community Center study and noted that the survey performed by Decision Resources, Inc. resulted in overwhelming support for a Community Center and the recommendation proceed by the APRC with the necessary steps to fully analyze a feasibility report and proposed bond referendum for the center. Ken Vraa, the Park Director, was present and his memo dated March 4, 1988 was reviewed by the councilmembers. Councilman Egan recommended cost estimates to be determined as closely as possible including both construction and operational costs to determine whether operations would be break even. Mr. Vraa indicated that the budget will be developed during the various phases and will provide more accurate information on construction and operational costs. Councilman Gustafson mentioned that it is important to prioritize what the City wants and give the information to the architect before the drawings are commenced. Recommendations of the Park Committee were found on pages 8 and 9 of Mr. Vraa's memo and member McCrea suggested an Advisory Commission be involved as early as possible and include them during the entire process. Egan moved, Wachter seconded the motion to approve the APRC Report on the preliminary study for a Community Center and to approve and authorize direction to the APRC to prepare an RFP for architectural services which shall include space and cost planning. All voted yea. DONALD FORESTER - 756 LASSO LANE - WATER CONNECTION PERMIT Don Forester appeared on his own behalf objecting to the City's requirements of the $204.00 water treatment plant surcharge be paid in consideration for his connection to the City water supply system at 756 Lasso Lane. Mr. Colbert introduced the subject and discussed the hook-up and the private well. Mr. Forester indicated that he was told there were no further charges when he would hook up to City water. He reviewed the cost over-runs under Project #241 and claimed that the City Council assured him there would be no further hook-up charges in the Atlantic Hills or Saddlehorn Additions. 2 Council Minutes March 15, 1988 Councilman Egan stated there was no recommendation of waiving hook up charges that he could recall. After considerable discussion, Wachter moved, McCrea seconded the motion to deny the request because it would create a revision in the City Policy but that he requested the staff review the minutes of the City Council meeting to determine whether such a waiver was actually granted; further, that it would cause a precedent if the hook up charge were waived. Councilman Egan supported the motion because he stated that lump sum settlement under Project #241 regarding cost over-runs do not affect connection charges. All members voted aye. CONSENT AGENDA The following consent agenda items were submitted and recommended that they be approved by the City Council: 1. Personnel Items: a. Cable Coordinator. 39 applications were received for the Cable Coordinator position and the staff recommended that the Council approve the hiring of the candidate recommended by the Interview Committee, noting that the final selection had not been made. b. Seasonal Forestry Aide. It was recommended that Dave Wills be hired as seasonal spring forestry aide beginning April 4, 1988. c. Contract Building Inspector. The recommendation was made that Dale Schoeppner be contracted for Building Inspection Services for the City. 2. Plumber's Licenses. Applications from Harris Mechanical Contracting, Northrup Mechanical, Inc. and The Plumbing Place for plumbing licenses were recommended to be approved. 3. Blackhawk Pond - Project #534. A petition was received for preparation of feasibility report and simultaneous preparation of detailed construction plans and specifications for Project #534 consisting of sanitary lift station in the Blackhawk Pond Addition. It was recommended that the Petition be received and that the Council authorize the preparation of the report and detailed plans and specifications. 4. Pilot Knob Road and Cliff Road - Projects #466 and #510. A resolution restricting on-street parking for Projects #466 and #510 consisting of Pilot Knob and Cliff Roads was submitted and recommended to be approved. R-88.9.1 3 Council Minutes March 15, 1988 y -a 5. Kinder Care - Water Main - Project #530. A feasibility report has been completed and it was recommended that it be received regarding watermain for Kinder Care Addition and that a public hearing be scheduled for April 19, 1988 at 7:00 p.m. at the Municipal Center. 6. Sales & Use Tax Refund. It was recommended by the staff that the request for authorization to execute agreement with John Sarff on behalf of his contractors for the purpose of reclaiming sales and use tax refunds, be continued. 7. Johnny Cake Ridge 5th Addition - Final Plat. An application for final plat approval for Johnny Cake Ridge 5th Addition was submitted and recommended to be approved, subject to compliance with all City requirements. R-88.10 8. Cliff Lake Center - Municipal State Aid Street Resolution. An amended Resolution for Municipal State Aid street designation for Cliff Lake Center Addition was brought to the Council and it was recommended that the amendment to the December 17, 1987 Resolution be approved. Wachter moved, Gustafson seconded the motion to approve the consent agenda items as presented and authorize the implementation of each of them. All members voted affirmatively. R-88.11 LEXINGTON SQUARE - STORM SEWER - PROJECT #527 Mayor Vic Ellison convened the public hearing concerning storm sewer improvements under Project #527, Lexington Square area at 7:10 p.m. Public Works Director Tom Colbert introduced the subject and indicated that as a result of the super storm on July 23, 1987, portions of the Lexington Square development incurred substantial flooding resulting in structural damage. The Council ordered an engineering study and later a detailed feasibility report. Neighborhood meetings were held including March 8, 1988 and two major concerns were raised. The first concern related to the proposal to assess the property owners for the cost of internal additional storm sewer improvements. The developer had indicated a willingness to assume the cost associated with the cost of approximately $30,000.00. The second concern related to the amount of assessments associated with the lateral benefit from the trunk storm sewer to be installed along Lexington Avenue estimated at $.38 per square foot, as compared with $.10 to $.12 per square foot for similar assessments. A report was also submitted by the developer's consultant and grading of the common property lines, rather than improvement of the facilities was the essential difference in the two recommendations. 4 Council Minutes March 15, 1988 Jerry Bourdon of Bonestroo, Rosene & Anderlik, gave a detailed report of the findings of the consulting engineers, including four areas where flooding had occurred. The Newtown Court area evidenced debris and storm pipes appeared to be adequate. Flooding was apparently caused by plugged lines in that area. On Lot 19, the flooding was not a direct result of the drainage system. He reviewed the northern internal improvements and southern internal improvements. The external improvement piping of 42 inches and 36 inches and overland grading were recommended solutions. The developer's proposal was less costly because it included smaller pipe size based on less safety factors, but Mr. Bourdon stated he would recommend the Bonestroo, Rosene proposals. Mr. Colbert indicated the Lexington Avenue improvements are scheduled in 1989 and storm sewer improvements would be required at that time. The staff recommended the feasibility report be revised to provide that assessments be set at 12.45 cents per square foot for residential area, and 13.43 cents per square foot for the church areas, whereas, the feasibility report provided for 38 cents per square foot. Andrew Ribnak of 3870 Gibraltar Trail asked where the drainage actually takes place. David David of 3840 Princeton Circle questioned the external improvements and why his lot should be assessed. Roger Hughes, an affected resident, indicated the general feeling of the residents was that there was some mistrust of the developer, and that there is no advocate for the affected homeowners. The general feeling, according to Mr. Hughes, was that Meritor's proposal was minimal and the construction should have been done properly when originally built. Scott Hartz of 3895 Princeton Trail, stated his lot serves as a ponding area because the culvert on Lexington Avenue is plugged. He expected compensation for the loss of evergreen trees and the owners on the west side of Lexington do not share in the cost of the general development. Mr. Colbert answered that the drainage to the culvert will be picked up in improvements, but it is plugged at the present time. The common lot line easement does allow for utility improvements and he stated he was uncertain whether the trees would be impacted. He further explained that the area west of Lexington does not drain into this project. Tom Lopac of 1003 Briar Creek Road asked that the pond east of his home not be dropped as an issue. Mr. Bourdon indicated that each area will be examined. The owner of 3918 Gibraltar indicated she had 12 feet of water in her house and requested the maximum improvement possible and that Meritor pay for the entire cost. 5 Council Minutes March 15, 1988 Bill Morrison questioned that a comparable rainfall will take place again. He stated that much had to do with the amount of the assessments and Meritor's offer should be reviewed more critically. The testimony indicated that the City did not have a field inspection, rather field grading was done by the developer according to plans because of lack of inspection personnel. Mike Smith of 3871 Princeton Trail questioned the overland drainage and the level of safety with a new proposal. Mr. Bourdon estimated that there will be a high level of safety under the City plan. Dawn Simpson of 3980 Lexington Avenue requested that storm sewer laterals be assessed at the same time as City road improvements are levied in the future. The owner of 3925 Boston Circle noted that the residents had elected the Councilmembers to protect owners and in the case where a developer had violated plans, then the developer should not be allowed to develop in the City in the future. The owner of 3908 Gibraltar mentioned that there is no proposal to get the water out of the Gibraltar Trail area. The owner of 3829 Gibraltar Trail asked why the developer is not willing to pay more toward improvements and Mr. Colbert's'answer was that the developer was willing to contribute only up to its level of responsibility. Peter Gage of 3913 Princeton Trail, demanded the developer assume a greater degree of responsibility for the improvements. Al Glatt of 3940 Princeton Trail asked if the berm on Lexington Avenue will be retained, which is causing ponding on his property after rainfalls. Mr. Colbert stated that the engineering department will review the issue and if it blocks drainage, it will have to be corrected. The owner of 1011 Briar Creek Road had questions about pipe as opposed to overland drainage. Dave Sanfus suggested a possible building permit moratorium be imposed if the staff cannot handle the growth. The owner at 1015 Boston Hill Road asked if two 50-year storms will create the same problems as a single 100-year storm. Mr. Colbert indicated that it is possible that the two could create as much of a problem. The public hearing was closed by the Mayor at 8:40 p.m. Councilmember McCrea asked whether the developer's proposal will cover up to a 5 year storm, according to the Soil Conservation Service. The City's proposal exceeds the projected 500 year storm according to the staff. She was also concerned about the adequacy of reviewing plans of storm sewer and construction by the developers, and suggested that staff request greater participation 0 Council Minutes March 15, 1988 from Meritor and study the cost and solutions in greater depth. She further mentioned that greater financial participation in relation to the owners may be important. Councilman Egan stated that the City cannot design for super storms. Mayor Ellison mentioned that the system generally has functioned well throughout the City, but there have been a few problem areas. Councilman Gustafson noted that had the developer done the grading as designed for the 100 year storm, flooding would have occurred anyway. There was no overland drainage, according to Mr. Bourdon and had it been installed, they may have avoided some of the flooding problems. Roger Hughes stated that standards in computing the storm levels are different and that the plan would have protected the property for a 100-year storm level according to City standards, but it was noted there is some difference in opinion among engineers. Jerry Bourdon noted that the $30,000 improvement will put the project back to the level it should have been at the 100 year storm level. A question was asked whether the $060,000 could be assessed against the developer and the answer was that only if the requirement for the development is higher than the $30,000 improvement being proposed. Mr. Colbert warned, however, that the cost in pursuing the issue may not be well spent. Mayor Ellison noted that the issues included how much reconstruction should be done, how much cost should be incurred, and who would pay for the improvements. He indicated that only the amount of construction should be the issue at the present time and the design should solve the problem to a reasonable level. City Attorney Paul Hauge was asked whether the developer could be held responsible for an amount above the $30,000 improvement level, and his answer was that the developer could be held accountable if it was necessary to install improvements above $30,000, under normal City standards. Mr. Colbert further indicated that the City staff does try to negotiate more improvements and it was noted that certain issues dictate whether additional improvements above the normal standards are required, including the type of soil involved. Councilman Egan's opinion was that if the $30,000 level would meet the City standards that the City could not exact greater amount from the developer. He noted that negligence in design and construction and whether the system failed are the issues. The design is the first fact for the Council to determine how the cost should be allocated. 7 Council Minutes March 15, 1988 .'V' . -~j Mayor Ellison indicated the residents had paid once and should not pay again but noted the engineer recommended a $30,000 improvement level would be adequate according to City standards. The $60,000 job would include larger pipe sizes and further extensions of pipe compared with the $30,000 project. Mr. Colbert's comfort level for improvements is at $60,000 but an acceptable level is $30,000. McCrea moved to close the hearing, to approve the project based upon the $60,000 system, but that the staff negotiate with Meritor to install improvements to contribute more than $30,000 and that the balance be paid from City funds. There was no second and the motion died. Peter Molinaro of Enebak Construction Co. was present noting that Enebak is the general contractor on the project. McCrea then moved, Egan seconded the motion to close the hearing, to order in the project, covering $60,000 in improvements with the cost of the south internal improvements to be paid as follows: 1. $30,000 to be paid by the developer. 2. $10,000 to be paid by the City of Eagan. 3. $10,000 to be paid by the benefited property owners based upon a special assessment spread. 4. An additional $10,000 to be acquired from the developer and if not successful, the City would then pay that $10,000; Further, that the external improvements also be ordered in, providing the assessments be reduced to $0.1245 per square foot for the residential owners, $0.1843 for the church property. All voted yes, except Gustafson who voted no. EAGANDALE CENTER INDUSTRIAL PARK 9TH ADDITION - PROJECT #528 The next public hearing convened by Mayor Ellison concerned street and utility improvements in Eagandale Center Industrial Park 9th Addition under Improvement Project #528. Mr. Colbert introduced the project and Mark Hanson of the Bonestroo office detailed the project for the City Council. Bob Worthington had been present earlier and explained that Opus Corporation favored the project. There were no appearances and no objections to the project. Councilman Wachter stated he was opposed to the use of the name Hampton for street names with potential confusion with the Hampton Heights subdivision. Mr. Colbert noted the developer was very 8 Council Minutes March 15, 1988 m-., insistent on using the Hampton name because of the Hampton Inn that will be constructed within the subdivision and stated that there did not appear to be any confusion as far as street names are concerned. There was a question concerning storm sewer design and Mr. Colbert stated that the staff had negotiated higher standards for the project, even though the new standards had not been adopted. Wachter moved, Gustafson seconded the motion to close the public hearing and approve Project #528 and to authorize the preparation of detailed plans and specifications. All councilmembers voted in favor. ROSEMOUNT KNIGHTS OF COLUMBUS - GAMBLING LICENSE An application of the Rosemount Knights of Columbus for pull-tab gambling license was brought to the Council. The Police Department had no objection to the grant of the application. Mr. Hedges noted that at the present time, St. Joseph's Home for Children in Minneapolis has a pull-tab operation in Richard's Food and Liquor on Highway #3 and Dick Stariha, the owner, had given St. Joseph's 30 days notice to vacate. A representative of the Rosemount K of C was present and answered questions of the Councilmembers. Mayor Ellison explained he did not favor charitable gambling because of the small percentage of the total dollars spent, that actually is given to charity and further, favors local charities be given first opportunity to acquire gambling licenses. Councilman Egan favored allowing national non-profit organizations to be granted licenses only if there is direct benefit to the City of Eagan. Dick Stariha was present and mentioned that he tried to get a local organization one year ago but was not able to do so. The Rosemount KC's provided for a percentage of the proceeds to go to the Eagan Volunteer Fire Department. Councilman Egan asked if there is an Eagan K of C and the answer was yes. Councilman Gustafson asked what percentage actually goes to charity and Mr. Stariha's answer was that at least 55% was to go to charity. The KC representative indicated he understood that the Eagan KC did not object to the application. It was noted that the Rosemount K of C has one facility in Rosemount, one in Coates and this would be the third facility. In further questioning, the representative stated that 95% of 55% goes to charity. Jerry Marko of Eagan Lions was present and answered certain questions, noting that 80% of the total gross is returned to the participants, 20% for rent overhead and 55% of the 20% goes to charity, with about 11% gross being paid to charities. 9 Council Minutes March 15, 1988 Gustafson moved to approve the application as requested, there was no second and the motion died. Egan then moved to deny the application based upon the reasons cited above, including the fact that it is not an Eagan non-profit organization; it was further resolved that $250.00 application would be returned to the applicant. Councilmember McCrea suggested that guidelines be formulated. Mr. Stariha asked whether he could continue to operate the pull-tab operation currently operating out of Richard's Food. Wachter seconded the motion and all members voted yes except Gustafson who voted no. COMMISSION ORDINANCE AMENDMENT - CODE SECTION 2.50 The City Administrator introduced to the City Council a proposed revision to Ordinance Section 2.50 through 2.52 regarding advisory commissions and committees. The general purpose was to set a specific number of members for each commission at 7 with one alternate, but that the Council be given the opportunity by Resolution to establish special adhoc committees that may have varying terms and sizes. Gustafson moved, McCrea seconded the motion to approve the ordinance revision and authorize its publication. Member Egan noted that he was opposed because the ordinance legislates away the ongoing continuity of committees and possibly, there may be times when there may not be adequate replacements after the expiration of the 9 year maximum terms. He mentioned that the Council could replace any person after the expiration of any term. All councilmembers voted affirmatively except Egan who voted against. COMMERCIAL RETAIL STUDY City Administrator Hedges explained that the City Council had directed the City Administrator to proceed with the request for proposals seeking consulting firms to prepare a comprehensive study for commercial retail needs for the present and future of Eagan. Four firms were interviewed, including Northwest Associate Consultants, Public Financial Systems, Laventhol and Horwath and Panell, Kerr and Foster. The planning department narrowed the firms to Laventhol, Horwath and Public Financial Systems and a recommendation was not made that Laventhol and Horwath be engaged. Member McCrea indicated that L & H had the best credentials but explained that there may be potential conflicts and a letter from L & H explaining its position regarding conflicts was reviewed. The representative indicated that there had been no business in Eagan in the past year, that any employee that was involved in any Eagan project for development in the past would not be involved in the current commercial study and that the firm had been involved in other cities with private developers and also had done City projects with no conflict arising. 10 Council Minutes March 15, 1988 McCrea moved, Egan seconded the motion to approve the selection of the hiring of Laventhol and Horwath to prepare a master retail commercial study and to assist the Advisory Planning Commission, Development Commission, and City Council, as they consider the development of various retail users in the City as a part of present and future land use planning, according to the guidelines that have been prepared by the City. All councilmembers voted yes. CONSULTING ENGINEERING SERVICES The City Council next considered the hiring of consulting engineers for the City. Tom Hedges indicated that the City received proposals from 30 consulting engineering firms that provided a minimum of one to several of the following engineering services: Regular services, structural, electrical, architectural, communications, land surveying, transportation, natural resources and soils and materials. Seventeen of the 30 who provided SOQ's requested that the Council consider their firm for regular service. The Public Works Committee comprised of Mayor Ellison and City Councilmember Wachter, together with staff members, recommended consulting engineers for a number of different services, according to a letter dated March 8, 1988 signed by Tom Colbert, the Public Works Director. Mayor Ellison indicated that the procedure will continue the City Council's attempt to provide for a group of engineering firms for the City to use for specific and general engineering purposes. Wachter moved, Gustafson seconded the motion to approve the recommendations of the Committee, according to the letter dated March 8, 1988 as follows: Architectural Services - Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc. Communications - John R. DuBois, Ph.D. Land Surveying - James R. Hill, Inc., and Sunde Land Surveying, Inc. Transportation - Bennett, Ringrose, Wolsfeld, Jarvis, Gardner, Inc., and Short, Elliott, Hendrickson, Inc. Natural Resources - Orr, Schelen, Mayeron & Associates, Inc., Dakota County Soil & Water Conservation District, and Hickok & Associates. Soil/Materials - Braun Engineering & Testing, Inc., Instant Testing Company, and Twin City Testing, Inc. 11 Council Minutes March 15, 1988 Retained Services - Orr, Schelen, Mayeron & Associates, Inc., Bonestroo, Rosene, Anderlik & Associates, Inc., and Dakota County Soil & Water Conservation District. All councilmembers voted in favor. EAGAN LIONS CLUB - GAMBLING LICENSE An application of the Eagan Lions Club for pull-tab gambling license for the Valley Lounge on Highway #13 was brought to the Council. The Police Department recommended that the investigation not be necessary because the Lions Club currently has a gambling license at the Cedarvale Bowl which is intended to retained. Jerry Marko of the Lions Club was present and stated that the intent was to replace the Multiple Sclerosis license at the Valley Lounge and it was understood that the lease for the Multiple Sclerosis Foundation would be terminated. Mr. Marko indicated that $19,770.00 was earned by the Lions Club gambling operation in the first year, with $7,200.00 donated, including $6,100.00 to City oriented activities. The balance is in an escrow fund, intended to be used for City park facility. There were no objections. Wachter moved, Egan seconded the motion to approve the application for pull-tab gambling license requested for the Eagan Lions Club for the Valley Lounge. All members voted yes. CINNAMON RIDGE 6TH ADDITION - ZACHMAN BROTHERS - WAIVER OF PLAT An application from Zachman Brothers for waiver of plat to allow a lot split for the sale of Lots 3 and 5, Block 1, Cinnamon Ridge 6th Addition came to the Council. Mr. Hedges reported on the application. There being no objection, Egan moved, McCrea seconded the motion to approve the application for waiver of plat as requested, with the understanding that the staff will determine compliance with City requirements. All members voted yes. R-88.12 BLACKHAWK GLEN - SPECIAL PERMIT An application of Lundgren Brothers for temporary off-site sign to be located at the intersection of Federal Drive and Yankee Doodle Road came next to the Council. Dale Runkle described the application and he indicated that it met the current City policy. A representative of Lundgren Brothers was present and stated that 60% of its sales were the result of signs and it is important to receive the permit. There were no objections. Egan moved, Gustafson seconded the motion to approve the application, subject to compliance with the sign ordinance, ordinance amendments and regulations. All voted yea. 12 Council Minutes March 15, 1988 MAGNUM TOWING - CONDITIONAL USE PERMIT REVIEW The request of Kevin Mellon of Magnum Towing, 4861 Biscayne Avenue, for review of extension of conditional use permit, was considered by the Councilmembers. The City Council at its February 16, 1988 meeting entertained the request of Mr. Mellon and staff, according to Mr. Runkle, recommended a two year limit be placed on the permit to allow the Council to review the application at that time. Kevin Mellon was present and opposed the two years because of the threat that it placed upon him, that his business be phased out. It was noted that the Comprehensive Guide provides for residential use of the property and also one complaint had been registered against the user. Egan moved, McCrea seconded the motion to approve the application, subject to the following conditions: 1. The permit shall allow storage of vehicles only. 2. The permit shall be limited to two years from the date of approval at which time it will be reviewed for extension and the permit may be canceled at the sole discretion of the City Council. 3. All applicable City Ordinances and City requirements shall be adhered to. All voted yes. Mr. Mellon also asked about the conditional use permit for storage of vehicles outside of the Cedarvale Auto and staff indicated they had not reviewed the issue as yet. Upon Mr. Mellon's request, the City Administrator stated that he would review with the Police Department, the process of soliciting towing firms for the City. EAGAN HIGH SCHOOL & DAKOTA MIDDLE SCHOOL - VARIANCE SITE PLAN & FACILITIES AGREEMENTS The applications of ISD #196 for variance for CP-3 steel construction, site plan review of athletic fields and Joint Field and Tennis Court Utilization Agreements came next to the Council. The Advisory Planning Commission recommended approval of the site plan. Tom Hedges briefly backgrounded the City Council concerning the requests and Tom Wilson, the Eagan High School Principal, was present. Mr. Runkle reviewed the request for variance for CP-3 steel construction, noting that the City Council had granted a grading permit and foundation permit to allow the district to proceed with the High School-Middle School project. Additional parking was recommended in the northwest corner by the City staff. 13 Council Minutes March 15, 1988 r.' r.. ..gib Tom Wilson stated that the issue of security, the grade on the east side of the site, and the stadium location were generally resolved. He also indicated that the parking issue was subject to resolution and that the stadium will be about 2 feet below road level, but a 10 foot berm with natural evergreens will separate it and the public street on the east. Wachter moved, Gustafson seconded the motion to approve the application for site plan approval. All voted yes. Egan moved, McCrea seconded the motion to approve the application for variance for CP-3 steel construction prior to final building permit, based upon the hardship, including the need to proceed with the schedule in order to complete the building according to the proposed time frame. All voted yea. Gustafson moved, Egan seconded the motion to continue consideration of the two Joint Powers Agreements at the suggestion of City Attorney Paul Hauge for the review with the Park Director. All voted yea. BLACKHAWK PLAZA - TOM THUMB STORE - CONDITIONAL USE PERMIT An application of Tom Thumb Stores and Pump and Meter Service for conditional use permit to allow motor fuel sales in an N.B. district at the Blackhawk Plaza Shopping Center. The proposed location of a 4-pump island would be west of the Tom Thumb, along Blackhawk Road. It was noted the Planning Commission recommended denial at its February 25, 1988 meeting. The Ordinance regarding gas pumps in commercial areas also was requested to be revised by the City Council. Dale Runkle described the application to the City Council briefly, and noted the proposed layout does present a circulation problem for the semi-trailer and fuel tanker. It would be required to back out or exit behind the complex. He also noted the background of the approval of the shopping center and that the conditional use permit to allow motor fuel sales was approved for Lot 5, but that an earlier application for gas pumps at the Tom Thumb store had been turned down for a number of reasons, stated both by the Planning Commission and the City Council. Mike Eicher of Pump and Meter Service appeared and mentioned that the staff report is in conflict with neighborhood opinion. Councilman Egan explained to Mr. Eicher that staff does not make recommendations. 14 Council Minutes March 15, 1988 i Austin McDevitt of 4165 Blackhawk Road, a neighboring owner, objected to the application and stated that originally the City Council approved a gas station site on current lot 5. He did not think an additional gas pumping facility was needed and in addition, it could decrease property values in the neighborhood. He mentioned that an overall plan should be submitted before construction begins and that the 10,000 square feet of the shopping center perhaps has not been occupied. He noted the 20 foot setback requirement of the or3inance and that no advertising sign is permitted within 200 feet of a residential area. John Wills of Kathryn Circle objected, based upon the lack of sufficient turning radius for trucks and that parking is provided at the rear and there would be an obstruction for trucks. He further recommended the Council not authorize an increase in the size of the Blackhawk Plaza shopping center project. Mario Rocelas, also a neighboring owner, appeared and further objected, stating that the project would not be compatible with the surrounding area. It would set a precedent for future site development abuse, according to Mr. Rocelas. Safety problems would be created by the gas pumps and children walking through the gas pump area would also create safety problems. Councilman Egan stated that more safety issues have been brought up this time than the prior application at the Tom Thumb site. Councilman Gustafson stated that the Philips 66 site on Lot 5 is a more appropriate location and safety from explosion is not a factor but it is the wrong location and the proposal is too close to the residential homes. Egan moved, Gustafson seconded the motion to deny the application based upon reasons stated above and the following: 1. The proposal had been previously denied for a number of reasons at this location while gas pumps had already been allowed on the southerly portion of this small site, away from the residential properties and adjacent to a major street. 2. There appear to be several safety issues, including hazardous materials so near residential homes, additional traffic crossing a proposed bike trail and pathway, and potential for accidents in a very tight area for vehicles and pedestrial traffic for the store. 3. The turning radius appear to be inadequate for larger vehicles, trailers, and semi-deliveries. 4. There was a lack of stacking area, should this become a busy site. 15 Council Minutes March 15, 1988 5. It already appears that a major part of the berm adjacent to Blackhawk Road would be lost to the bike trail creating additional impact on the residential homes directly across the street. 6. There appear to be better locations within the development for this type of use. 7. The appearance would be a serious detraction to the existing residential homes. 8. Even downward lighting would have an impact on the residential homes so closely adjacent to this proposal. 9. The proposal would increase the size of the Blackhawk Plaza development to the detriment of the neighboring property owners. 10. The value of the neighboring property owners could be adversely affected by the installation of gas pumps in that location. All councilmembers voted affirmatively. PRETTYMAN HEIGHTS ADDITION - PRELIMINARY PLAT The application of Don Prettyman for preliminary plat approval of Prettyman Heights located north of Lone Oak Road in the Treffle Acres area in Section 4 came to the Council for its consideration. It was noted that the Advisory Planning Commission recommended approval of the application, including variance in length of cul-de- sac. 25 lots were proposed on 11.46 acres and a variance would be for cul-de-sac in excess of 500 feet. Dale Runkle explained that the City Council approved a waiver of plat for the approximately 10 acre unplatted parcel owned by Fred DeLosh to the north. He reviewed the proposed road easement extending to the north through the DeLosh property and the fact that Mr. DeLosh had been granted the easement. Two access locations were possible from Skyline Road to the east, or the northwest on Sibley Hills Drive. Don Prettyman was present and stated that the main reason for the development was that water and sewer generally surrounds the area but could not be brought in until the property is platted. His lot is too big and there is no sewer and water in order to effectively sell his home. Joe Heller of 1475 Skyline Road appeared and requested that the police and fire departments should review the proposal because of safety issues, and he also objected to the proposed assessments for Skyline Road. 16 Council Minutes March 15, 1988 Howard Carlson of Auge Road objected to the proposal, as did Elaine Grear of 1420 Sklyline. She stated she has a family day care center and was concerned about safety and also objected to potential assessments for the upgrading of the street. Don Vimr, a neighboring owner, suggested the developer pay the upgrading cost of Skyline Road and if platted, he recommended that Skyline Road be cut off from traffic from Prettyman Heights. Mr. Colbert explained it would not be effective to physically cut off Skyline Road and discussed alternate access to Sibley Hills Drive, but noted that fire access may be a problem if access is from the west only. Councilman Wachter stressed that the area had been reviewed for development many times and had not effectively been subdivided. Rose Vimr would like to maintain the property in the present state and Larry Whitney of 1450 Skyline Road opposed the project and asked that Skyline Road not be changed. Mr. Gustafson was concerned about access but stated owners have a right to develop their property. Mayor Ellison stated the property is comp guided D-I and the neighbors should have known it would be developed at some time and that single family is the most desirable use. Further, he stated the costs would become much greater in the future. Mr. Prettyman stated that he would accept a gravel road for Skyline if necessary. Egan moved, McCrea seconded the motion to approve the variance for cul-de-sac in excess of 500 feet and the application for preliminary plat, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 17 17 Council Minutes March 15, 1988 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 6. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 7. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The proposed temporary diversion berm shall be required to be a permanent drainage diversion berm. 12. Storm sewer shall be required to intercept the back yard drainage in the area of Lots 5-11 located between Skyline Court and Skyline Trail. 13. A 14.5 cfs storm sewer shall be required to the easterly adjacent property from the proposed storm sewer in Skyline Path. 14. The proposed sanitary sewer shall be revised to provide adequate depth to service adjacent properties. 15. Looping of the water main system shall be required. 16. Improved public access, proper right-of-way width and roadway construction, from Sibley Hills Drive will be required to serve this development. 17. The two existing homes will have their addresses changed with the final plat. 18 Council Minutes March 15, 1988 18. Lot 3 along the southern cul-de-sac shall be 50 feet wide at the right-of-way line along the public street or the lot shall be eliminated. 19. Sibley Hills Road shall be upgraded with the understanding that Skyline Road will be upgraded at some time in the future. 20. There be a provision for looping through the John Klein property to the south, at some time in the future. All councilmembers voted positively. See Plat File RAHN RIDGE 2ND ADDITION - COMPREHENSIVE GUIDE PLAN AMENDMENT PD (ZONING) AND PRELIMINARY PLAT The application of Rahn Ridge Associates for Comprehensive Guide Amendment, PD rezoning from LB to R-3 and preliminary plat providing for 28 townhouse units on 3.43 acres located west of Rahn Road and south of Rahn Way was brought to the Council. At the request of the applicant through Hedlund Engineering, Egan moved, McCrea seconded the motion to approve the request to remove the application from the City Council agenda. All voted yes. SOLID WASTE ABATEMENT RESOLUTION Mr. Hedges indicated that the Solid Waste Abatement Commission has proposed two alternates for satisfying the Minnesota Solid Waste Abatement mandate including the following: (1) Mass burn and (2) refuse derived fuel. The County has studied the two alternatives and is committed to mass burn. The Commission has generally concluded with the County's findings and recommended that the City not pursue an exception or exclusion from the Dakota County designated plan, and therefore submitted a Resolution entitled "Concerning City Compliance with Dakota County Solid Waste Designation Plan". Wachter moved, Egan seconded the motion to approve the Resolution as submitted and recommended by the Solid Waste Abatement Committee. All members voted yes. R-88.13 OPT OUT TRANSIT STUDY AGREEMENT A proposed Joint Powers Agreement Resolution for an opt out transit study including the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage, came to the Council. The purpose of the study was to assess the area needs assessment for.the six cities, and Mr. Hedges indicated that Eagan is acting as the 19 Council Minutes March 15, 1988 catalyst in the project and recommended approval of the assessment needs study. Funding could come from the RTB or from Community Block Grant funds. Egan moved, Gustafson seconded the motion to approve the Resolution and the Joint Powers Agreement and to participate in and authorize the transit opt out study. All members voted yea. R-88.14 CLIFF LAKE CENTER ADDITION - PROJECT #529 - FEASIBILITY REPORT The proposed feasibility study for Cliff Lake Center under Project #529 dated March 1, 1988 was submitted to the City Council for its informal review and discussion. Tom Colbert described the application briefly and Dan Boxrud and Glen VanWarmer of Short, Elliott & Hendrickson were present. Mr. Boxrud stated that certain changes are expected and detailed the proposal indicating approximately $2.2 million project. There was discussion about storm sewer outlet to the northwesterly pond and also the street improvements. Walkways were defined and it was noted that the Rahn Road location is not finally determined. The median cannot be built if Rahn Road remains state aid, and there would be a $61,000.00 loss if state aid was not provided. The improvements on Rahn Road, south of Cliff Road, would include a median for about 200 feet for channelization. Assessments were discussed and the net financial impact on the City would constitute a positive cash flow. Future major County Road improvements also will be required. Bill McHale of Ryan Construction was present and proposed some proportionate cost sharing of future improvements. At this time, Tom Hedges indicated that he did not have any cassettes and was unable to locate additional cassettes for taping the City Council meeting. Glen VanWarmer discussed Rahn Road alternates and explained the advantages of eliminating the median. It was noted that the proposed Rahn Road intersection to the north, would keep traffic away from the park, and also would allow the residential area free access to Rahn Road if there is no median. The general consensus of the Council was to leave the median out. Egan moved, McCrea seconded the motion to generally approve the draft feasibility report. All voted yes. FIRE STATION NO. 4 - CONTRACT #87-39 Change Order No. 2 to Contract #87-39 consisting of Fire Station No. 4 was recommended to be approved. Egan moved, Gustafson seconded the motion to approve Change Order No. 2 as recommended. All voted yes. 20 Council Minutes March 15, 1988 WESCOTT & NORTHVIEW PARK ROADS - CONTRACT #88-3 Upon motion by Egan, seconded McCrea, it was resolved that Contract #88-3 plans and specifications be approved and that the Clerk be authorized to advertise for bid opening for 10:30 a.m. on Thursday, April 14, 1988 at the Eagan Municipal Center. All voted in favor. BRIAR OAKS OF APPLE VALLEY - TRUNK SANITARY - CONTRACT #88-14 The plans for Contract #88-14 have been completed and it was recommended they be approved. Upon motion by Gustafson, seconded Egan, it was resolved that the plans and specifications for Briar Oaks of Apple Valley trunk sanitary and storm sewer Contract #88-14 be approved and that the Clerk be authorized to advertise for bids in the Dakota County Tribune to be opened at 10:45 a.m. on Thursday, April 14, 1988 at City Hall. All voted yea. FIRE STATION NO. 5 - CONTRACT #88-1 The architectural agreement with Arthur Dickey & Associates under Contract #88-1 covering Fire Station No. 5 was submitted. Wachter moved, Egan seconded the motion to approve the architectural agreement with Arthur Dickey & Associates, Inc. and authorize the Mayor and Clerk to execute the related documents. All voted affirmatively. SPERRY CONSOLIDATION FACILITY - CONTRACT #86-17 Change Order No. 1 to Contract #86-17 consisting of utility improvements for the Sperry Consolidation Facility were recommended to be approved, resulting in a net addition of $23,155.76. Mr. Colbert noted that Unisys had requested the change order. Egan moved, McCrea seconded the motion to approve the Change Order as recommended. All voted yes. PILOT KNOB ROAD - PROJECT #466 & CLIFF ROAD - PROJECT #510 The plans for County Contract #31-21 and #32-14 including Eagan Projects #466 covering Pilot Knob Road and #510 for Cliff Road, were brought to the City Council for its review and consideration. Tom Colbert initiated the discussion and introduced County Highway Engineer Dave Everds and Traffic Engineer Pete Sorenson. The eight million dollar improvement project plus Cliff Road improvements bringing the entire project above $9 million with approximately $4.4 million City contribution, was reviewed in some detail. Mr. Everds 21 Council Minutes March 15, 1988 ':emu stated the plans have been complete and state aid has been approved with construction expected before May 10. He noted that either Cliff or Diffley Roads would be open at all times. The project completion is about 140 days indicating it would not be completed in 1988 but there is a bonus if the project is completed by October 31, 1988. The total right-of-way acquisition was understood to be about $900,000.00. Doris Wilkins, a resident south of Diffley on Pilot Knob Road appeared and had concerns about the right-in, right-out only provided from her driveway and noted that others were concerned about the openings near their property. The plans for access to her property at 4225 Pilot Knob Road had been changed and it was noted that the Wilkins property originally had a break in the median was provided whereas now the median had been blocked. Mr. Everds noted that two left turn lanes northerly on Pilot Knob Road are now being proposed and stated that safety and extra turning lanes are the important issues. Councilman Egan explained that on Pilot Knob Road to the north, there were no locations where there are two left turn lanes and also that Diffley Road has low traffic rating among County Roads. Mr. Everds explained, however, that by 1991 there would be backups at Yankee Doodle Road and that there should be double lane left turns at that location also. He noted that the Easter Lutheran Church entrance would be required to be closed if the median break was provided. Both the County Board and the County staff proposed the median break and he also explained that a tight schedule was very critical to the City and the County. Mayor Ellison favored the median break but would honor the traffic engineer's recommendation. After extensive discussion, Egan moved, McCrea seconded the motion to approve the plans for County Contract #31-21 and #32-14 (Eagan Projects #366 and #510) and authorize the advertisement for bid opening to be held at 10:30 a.m. on April 22, 1988 at the City Hall with the understanding that the County and City staffs work together closely to attempt to work out a safe median break at 4225 Pilot Knob Road, but in the event that it is determined that such a median break would be unsafe, that it could be eliminated. Councilman Wachter stated that he was opposed to a median break and was excused from the meeting at 2:10 a.m. All four remaining councilmembers voted in favor. PILOT KNOB ROAD - CLIFF ROAD - PROJECT #466 & #510 - EXTENDED HOURS A request was made by both City and County Engineering Departments for extension of the normal working hours to include 6:00 a.m. to 8:00 p.m. beyond the 7:00 a.m. to 7:00 p.m. normal road construction hours, because of the very tight schedule to complete the improvements. Egan moved, McCrea seconded the motion to approve the variance in City Code regarding restrictive hours to allow 6:00 22 Council Minutes March 15, 1988 a.m. to 8:00 p.m. for the two above projects, with the understanding, however, that if objections do arise, that the City would then review the variance. All voted yea. WELL # 10 - PUMPHOUSE - CONTRACT #88-4 The bids for Contract #88-4 consisting of the Pumphouse for Well #10 have been received and it was recommended that the contract be awarded to the low bidder. Egan moved, McCrea seconded the motion to receive the bids and award the contract to A & K Construction, Inc. in the total amount of $145,900.00. All voted yea. DAKOTA COUNTY ROUTED & ORGANIZED COLLECTION SUBCOMMITTEE It was recommended that Thom Yehle be appointed to the Dakota County Routed and Organized Collection SubCommittee. Upon motion by Gustafson, seconded McCrea, it was resolved that the recommendation be approved. All voted yes. SPECIAL COUNCIL MEETING DATES Egan moved, McCrea seconded the motion to approve special council meetings on the following dates: March 24, 1988 at 7:00 p.m. for strategic planning management/management by objective workshop; April 12 and 13, 1988 to interview Legal Consultant bidders each meeting at 7:00 p.m. All councilmembers voted in favor. SALT STORAGE BUILDING PLANS Upon motion by Egan, seconded Gustafson, it was resolved that the plans and specifications for the salt storage building be approved and that the Clerk be authorized to advertise for bids to be opened at 10:00 a.m. on April 1, 1988 at the Eagan Municipal Center. All voted yea. CUB & TARGET STORE - EXTERIOR SELECTIONS Bill McHale of Ryan Construction was in attendance and presented selections for the exterior for the Cub and Target stores. There was no action taken. 23 Council Minutes March 15, 1988 CHECKLIST Upon motion by Gustafson, seconded Egan, it was resolved that the following checklists be approved: Dated February 29, 1988 in the amount of $482,910.12; dated March 14, 1988 in the amount of $226,050.34; and checklist dated March 15, 1988 in the amount of $521,567.44. All voted in favor. EXECUTIVE SESSION Mayor Ellison announced that an Executive Session of the City Council would be held in the City Administrator's office to discuss the procedure regarding the proposal for settlement of the Bieter vs. City of Eagan lawsuit, immediately following this meeting. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 2:20 a.m. All voted yea. PHH ISO. ai 91 9 Ci e r k 24