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06/06/1989 - City Council Regular Page 19/EAGAN CITY COUNCIL MEETING MINUTES June 6. 1989 speed was not the only factor and that other factors must also be evaluated. Councilmember Gustafson felt that 30 mph may be too fast in some areas but pointed out that state statute allows 30 mph as a minimum. Mayor Ellison stated that a stop sign would not make the area safer. He supported increased police patrol. Councilmember McCrea questioned if traffic speeds were measured too low. City Administrator Tom Hedges recommended the use of unmarked cars. Egan moved, Wachter seconded, the motion to deny the installation of a stop sign on Pin Oak Drive at its intersection with Oak Way, and to request a two day speed survey in an unmarked car at the intersection. If the study reveals variances to a significant degree, the matter would again be reviewed by the Council, said report results to be sent to Steve Hargews. All voted in favor. LOW INCOME HOUSING TAX CREDIT/CHATEAU REVIERA/WESCOTT HILLS Egan moved, Wachter seconded, the motion to approve a low income tax credit for the remodeling of the Chateau Reviera Apartments. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a low income tax credit for the Wescott Hills Phase II project. All voted in favor. CARRIAGE HILLS GOLF COURSE City Administrator Tom Hedges updated the Council regarding the matter. Councilmember Egan felt the City could participate financially in revising the score cards up to $500. Mayor Ellison felt City participation was not necessary and recommended no participation by the City. JOHNNY CAKE RIDGE ROAD EXTENSION/TRAILWAYS City Administrator Tom Hedges updated the Council regarding the status of the tree relocation and the trailway construction for Project 524. N.O.I.S.E. CONFERENCE SPONSORSHIP Councilmember Egan stated he felt the improvement to the quality of life was worth many times more than the $500 contribution. Egan moved, Gustafson seconded, the motion to approve a $500 financial commitment as a local sponsor for the National N. O. I. S. E. Conference that is scheduled in the Twin Cities for July 11 through the 14th, 1989. All voted in favor. Page 20/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 VISITORS/DICK KENNEALLY Dick Kenneally informed the Council he owned eight acres which is designated Roadside Business. He stated he gave the City of Eagan a utility easement and that now the City wants 5 acres for a pond. He stated he can not get an answer from the City and that he has lost a sale of the property. Mayor Ellison asked if the City could make a commitment as to how much land was needed. Public Works Director Tom Colbert stated staff had responded to Mr. Kenneally's attorney. He further stated that Peace Reform Church will dedicate some ponding upstream and that the amount needed from Mr. Kenneally would be determined on an application basis. Mr. Kenneally referenced a letter and stated that the present information was not helpful. Mr. Colbert stated that 13.8 acres storage feet was required. Councilmember McCrea requested staff 'research the matter and reach some type of resolution. Mr. Kenneally stated he felt he should not have to donate 13.6 acre feet to the City. Councilmember Gustafson suggested selling the property with conditions as to the ponding. There was much discussion regarding the ponding requirement. Councilmember Egan asked if Mr. Kenneally would be reimbursed for the excess acreage. City Attorney Jim Sheldon stated it had been an issue and that there was not a definite answer at this time. Mr. Colbert stated the issue is one of compensation. Councilmember Egan stated the matter should be explained on the staff level. Ray Connelly explained Mr. Kenneally's position and asked if the City was taking his property. Mr. Egan explained to the owner the process of the easement location and the acquisition. SPACE NEEDS ANALYSIS City Administrator Tom Hedges stated that the space needs analysis was set for a meeting for June 16, 1989. NATIONAL MINERAL CORPORATION/PROJECT 573 Public Works Director Tom Colbert recommended the Council receive the petition and authorize a feasibility report for a storm sewer for National Mineral Corporation. Egan moved, Wachter seconded, the motion to accept a petition for storm sewer for National Mineral Corporation (Project 573) and authorize a feasibility report. All voted in favor. Page 21/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 BLACKBAWK ROAD/PROJECT 488/STREETS Public Works Director Tom Colbert requested the Council receive the final assessment roll for Project 488 and schedule a public hearing for July 5r 1989. Wachter moved, Gustafson seconded, the motion to approve the final assessment roll for Project 488 (Blackhawk Road - Streets) and schedule a final assessment public hearing for July 5, 1989. All voted in favor. BUR OAK HILLS Public Works Director Tom Colbert informed the Council that two landowners requested access onto the street. He requested Council direction. Councilmember Gustafson asked if this differed from the Al Herrmann agreement. Mr. Colbert responded no. Councilmember Wachter suggested leaving it lie. Councilmember Egan stated it should be barricaded. Councilmember Wachter felt the County should assume some responsibility for the tree removal and that some agreement should be worked out. Mr. Hedges stated staff was working on the matter. Councilmember Gustafson felt there was a need for creativity on the traffic problems. Mayor Ellison commented that the neighbors object to all the left turn arrows versus the free left turns. Mr. Colbert stated it is a continuous refinement. McCrea stated there was a potential garbage house. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated May 31, 1989, in the amount of $2,604,045.91 and the checklist dated June 6, 1989, in the amount of $274,690.06. All voted in favor. ADJOURNMENT The meeting was adjourned to executive session at 12:05 a.m. CITY OF EAGAN R E. Vanoverbeke, City Clerk MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA June 6, 1989 A regular meeting of the Eagan City Council was held on Tuesday, June 6, 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 City Administrator Tom Hedges informed the Council that an executive session would be held at the end of the meeting to discuss personnel related items and litigation matters. McCrea moved, Egan seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES May 15, 1989. Councilmember Gustafson requested an addition on page 3, paragraph 2, the third line should read "Be remarked he was willing to donate gash to the City to allow for the backing up of the trucks." He also requested an addition on page 11, the tenth condition regarding the Phillips 66 Addition should read: "10. The exterior of the building shall be constructed of stone 91 brick material compatible with the existing medical clinic." McCrea moved, Egan seconded, the motion to approve the minutes for the May 15 , 1989, regular Council meeting as amended. All votea in favor. FIRE DEPARTMENT/STATION NO. 5 Councilmember McCrea asked if the garage doors on Fire Station No. 5 would be painted. Chief Southorn replied it would depend upon the budget. DEPARTMENT BEAD BUSINESS Councilmember Egan had a concern regarding a car parked in a residential area (Egan Avenue on Lone Oak). Police Chief Geagan stated the Police Department would take care of the matter. Page 2/EAGAN CITY COUNCIL MEETING MINUTES "J June 6, 1989 City Administrator Tom Hedges informed the Council that the annual auction had been held on Saturday, June 3, 1989, and that receipts totaled $1,413.00. He further stated that staff had done an excellent job. Councilmember Egan questioned if there was any change in the police recommendation regarding the stop sign question at Pin Oak. Police Chief Geagan replied no. CONSENT AGENDA A. Personnel Items. 1. Engineering Aide. It was recommended to approve the hiring of Dale Ronning as Engineering Aide, subject to successful completion of the City's ,physical examination requirements. 2. Engineering Tech. It was recommended to approve the hiring of an Engineering Tech, subject to successful completion of the City's physical examination requirements and approval by the City Administrator. 3. Utility Billing Clerk. It was recommended to approve the hiring of Diane Downs as Utility Billing Clerk. 4. Utility Billing Clerk/Typist. It was recommended to approve the reclassification of the utility billing clerk/typist from three-fourths to full time and from clerical level 4 to clerical level 3 and to approve the advertisement for the vacant position. 5. Seasonal Park Maintenance Worker (Informational). The City Administrator approved the hiring of Paul Kivi, who began work on May 31, 1989, as a seasonal park maintenance worker. 6. Seasonal Recreational Program Leaders/Assistants. It was recommended to approve the hiring of the summer seasonal recreation program leaders and assistants as presented. B. Plumbers Licenses. It was recommended to approve the seven plumbing licenses as presented. Page 3/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989~~ C. License. Cigarettes/Gateway Foods for Brooks Superette. It was recommended to approve a cigarette license for the Brooks Food Market located at the intersection of Coachman Road and Yankee Doodle Drive. D. License for Refuse/Recycling Hauler/Ken Oehrlein Sanitation. It was recommended to approve the refuse/recycling license for Ken Oehrlein under the business name of Ken Oehrlein Sanitation. E. License for Temporary Gambling/Valley Viewers 4-H Club During the 4th of July Celebration. June 30 through July 4, 1989. It was recommended to approve a bingo license application for the Valley Viewers 4-H Club to be used at the 4th of July celebration ,,on June 30 through July 4, 1989 and, further, approve a waiver of the 30-day waiting period from the Minnesota Charitable Gambling Control Board. F. Street Name Change from Circulation Drive to Plaza Drive in Galaxie Cliff Plaza. It was recommended to approve a name change from Circulation Drive to Plaza Drive in Galaxie Cliff Plaza. G. Waiver of Plat, Duplex Lot Split/James and Alyce Benson, Lot 3. Block 3. ChesMar 1st Addition. It was recommended to approve a waiver of plat for a duplex lot split for James and Alyce Benson on Lot 3, Block 3, ChesMar 1st Addition. R-89.26 H. Amendment. Contracts Between City of Eagan and Recycle Minnesota Resources (Recycling Redemption Center). It was recommended to approve the amendment to the City/RMR contract concerning the Recyclable Redemption Center at 1971 Seneca Road. I. Agreement. Cedarvale/City of Eagan MTC Park and Ride Site. It was recommended to continue to the July 5, 1989, City Council meeting any further consideration of an agreement between Cedarvale Shopping Center and the City of Eagan that addresses the MTC lot at Cedarvale Shopping Center. Page 4/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 J. Final Plat Approval for Cutters Ridge 3rd Addition. It was recommended to approve the final plat for Cutters Ridge 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.27 K. Final Plat Approval for Eagan Center 3rd Addition. Councilmember Gustafson questioned if the guarantee was in place. He was informed the guarantee was in place. It was recommended to approve the final plat for Eagan Center 3rd Addition and authorize the Mayor and City Clerk to executed all related documents. R-89.28 L. Final Plat Approval for Rasmussen College Campus. It was recommended to approve the final plat for the Rasmussen College Campus and authorize the Mayor and City Clerk to execute all related documents. R-89.29 M. Receive Bids/Award Contract for Monthly Building Cleaning and Maintenance Services. Councilmember Gustafson informed the Council that he would abstain from any vote regarding the matter. It was recommended to approve the successful bidder for providing contractual cleaning services for the Municipal Center building as recommended. N. Receive Bids/Award Contract for Emergency Stana-by Generator. It was recommended to approve the low bid of Bill Richmond Electric in the amount of $54,759.00 for a 150 KW Stand-by Generator with the understanding that a budget adjustment will be made authorizing the expenditure from the City's general fund balance. 0. Rejuest to Discontinue Participation in Minnesota Police Recruitment System. It was recommended to authorize discontinuing membership in the Minnesota Police Recruitment System. P. Contribution for Eagan Fourth of July Celebration. Councilmember Gustafson asked what amount the City would be contributing towards the Fourth of July celebration. City Administrator Tom Hedges stated that the necessary information had not been compiled and suggested continuing the matter to the June 20, 1989, City Council meeting. Mayor Ellison recommended approving the Page 5/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 $1,000.00 contribution and if necessary, changing the amount at a later meeting. Councilmember Wachter suggested contributing $1,500.00. Councilmember McCrea questioned the relative expenses and remarked that the City gives other contributions by way of numerous services to the effort other than cash. Mayor Ellison stated he favored a motion to contribute $1,500.00. Wachter moved, Egan seconded, the motion to add $500.00 to the budgeted $1,000.00 contribution to the Fourth of July celebration for a total contribution of $1,500.00. All voted in favor. Q. Project 564. Receive Report/Order Public Hearing (Rahn Cliff 2nd Addition - Streets and Utilities) . It was recommended to receive the feasibility report for Project 564 (Rahn Cliff 2nd Addition - Streets and Utilities) and scheaule a public hearing to be held on Wednesday, July 5th, 1989. R. Project 569, Receive Report/Order Public Hearing (Armstrong Business Center - Utilities) . It was recommended to receive the feasibility report for Project 569 (Armstrong Business Center - Utilities) and schedule a public hearing to be held on Tuesday, June 20, 1989. S. Contract 89-15. Approve Plans/Authorize Ad for Bids (Armstrong Business Center - Utilities). It was recommended to approve the plans and specifications for Contract 89-15, (Armstrong Business Center - Utilities) and authorize the advertisement for bid opening to be held at 10:30 a. m. on Monday, June 19, 1989. T. Project 566. Receive Report/Order Public Hearing (Coventry Pass - Trunk Utilities) . It was recommended to receive the feasibility report for Project 566 (Coventry Pass - Trunk Utilities) and schedule a public hearing to be held on Wednesday, July 5, 1989. U. Project 567. Receive Report Drder Public Hearing (Effress Addition - Storm Sewer) . It was recommended to receive the feasibility report for Project 567 (Effress Addition - Storm Sewer) and schedule a public hearing to be held on Wednesday, July 5, 1989. Page 6/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 ' V. Project 572. Authorize Feasibility Report (Lexington Way - Street Reconstruction and Trunk Watermain). It was recommended to authorize the preparation of a feasibility report for Project 572 (Lexington Way - Street Reconstruction and Trunk Watermain) . W. Project 571. Receive Petition/Order Feasibility Report (Cray Addition - Trunk Storm Sewer). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 571 (Cray Addition - Trunk Storm Sewer). X. Vacate Utility Easements. Receive Petition/Order Public Hearing (Kingswood lst Addition). It was recommended to receive the petition to vacate utility easements (Kingswood 1st Addition) and order a public hearing to be held on Wednesday, July 5, 1989. Y. Contract 89-14. Receive Bids/Award Contract (Water Treatment Plant - Dehumidification). It was recommended to authorize the readvertisement of bids for Contract 89-14 (Water Treatment Plant - Dehumidification) with a bid opening scheduled for 11:00 a.m., Monday, June 19, 1989. Z. Vehicle No. 140. Receive Bids/Authorize Purchase (Public Works Maintenance - Skid Steer Loader). Councilmember Wachter questioned the bid amount. Jim Spokes (Tri-State Bobcat) stated his company was the low bidder regarding the item and requested an explanation. Superintendent of Streets/Equipment Arnie Erhart replied that upon review of the specifications, Tri-State Bobcat bid did not meet the specifications. Mr. Colbert explained the bid process. It was recommended to receive the bids for Vehicle No. 140 (Public Works Maintenance - Skid Steer Loader) and authorize the purchase from Case Power and Equipment in the amount of $27,895.00. Al. Vehicle No. 134. Receive Bids/Authorize Purchase (Street Maintenance - Pavement Grinder).. Councilmember Wachter asked if the purchase was included in the budget. Public Works Director Tom Colbert stated the purchase was included in the budget. It was recommended to receive the bids for Vehicle No. 134 (Street Maintenance - Pavement Grinder) and authorize the purchase Page 7/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 from the lowest responsible bidder (MacQueen Equipment) in the amount of $29,975.00. B1. Contract 88-24. Approve Change Order No. 2 (Lexington Reservoir). It was recommended to approve Change Order No. 2 to Contract 88-24 (Lexington Reservoir) and authorize the Mayor and City Clerk to execute all related documents. Cl. Project 543R. Revise Pending Assessment Roll (Skyline Road/Sibley Hills Drive - Streets and Utilities). Councilmember Egan informed the Council that there were audience members who wished to address the matter. Mr. Vimmer requested an update. Public Works Director Tom Colbert recapped the history of the project and the assessments. He stated that certain properties would be deleted. Mr. Vimmer asked for the time frame. Mr. Colbert stated it would be based on the actual unit bids. It was recommended to revise the pending assessment roll for Project 543R (Skyline Road/Sibley Hills Drive - Streets and Utilities) by deleting Lots 12, 131, 14, 150 and 151 of Zehnders Acres. Dl. Final Plat Approval for Kingswood 2nd Addition. City Administrator Tom Hedges asked if the lots conformed. Community Development Director Dale Runkle explained the lot setback problem. He stated the plan would meet the 85 foot at 50 foot setbacks. He informed the Council that the owner had executed an agreement that it would sign the plat. Rollie Crawford confirmed that the owner would sign the plat. It was recommended to approve the final plat for Kingswood 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.30 El. Project 524. Approve Resolution Restricting Parking on Johnny Cake Ridge Road. It was recommended to approve the resolution restricting parking on Johnny Cake Ridge Road (Project 524) and authorize the Mayor and City Clerk to execute said resolution. Wachter moved, Egan seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor, except Gustafson abstained on Item M. - Receive Bid/Award Contract, Monthly Building Cleaning and Maintenance Services. R-89.31 Page 8/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 VACATE PUBLIC RIGBT-OF-WAY/KINGSWOOD ROAD AND CORONATION ROAD Public Works Director Tom Colbert introduced the matter to the Council. McCrea moved, Wachter seconded, the motion to close the public hearing and approve the vacation of public right-of-way (Kingswood Road and Coronation Road). All voted in favor. FINAL ASSESSMENT HEARING/MANOR LAKE/PROJECT 520 Public Works Director Tom Colbert presented the final assessment roll to the Council and outlined the assessments. Mike Fratalo informed the Council he lives east of Highway 3. He questioned the assessment calculations and stated his property would not benefit from the assessments as he was located on a private gravel road. Mr. ,Colbert stated that the assessments were based upon development to the highest and best use. Councilmember Wachter pointed out that the trunk lines are over-sized to anticipate aevelopinent. Mr. Fratalo informed the Council that the land may never develop. Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 520 (Manor Lake - Trunk Utilities) and authorize its certification to the County for collection. All voted in favor. STERNS ADDITION/PROJECT 561 City Administrator Tom Hedges introduced the project to the Council. Mark Hanson (Bonestroo) presented the feasibility report and explained the streets, trunk sewer and water installations and the bituminous trail. Councilmember Wachter stated he would prefer that the center median come up to the school entrance. Mr. Hanson stated that the School District felt it would be more dangerous. Wachter felt it seemed impractical to not extend the median. Mr. Hanson reiterated that the School District opposed the median to the entrance. Public Works Director Tom Colbert stated that the School would object to the median on its property. Councilmember Gustafson questioned who had authority on safety issues. Mr. Colbert stated that two streets would need to be crossed. Councilmember Wachter commented that now was the time to do the project correctly. Mr. Hanson informed the Council that the traffic engineer at Bonestroo saw no problems in installing the median either way. Mr. Colbert stated that alternatives could be presented at the next meeting. Page 9/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 Councilmember Wachter questioned dredging black dirt from the pond. There was further discussion regarding the pond acquisition. Councilmember Gustafson stated that safety should be the issue regarding the median. Egan moved, Gustafson seconded, the motion to close the public hearing and approve Project 561 (Sterns Addition - Streets and Utilities) and authorize the preparation of detailed plans and specifications. All voted in favor. Councilmember Egan requested staff report back to the Council at its June 20, 1989, meeting regarding the median question. RTC OPT-OUT City Administrator Tom Hedges summarized the background on the :matter. Mayor Ellison commented that the matter had been dealt with at numerous sessions over the past five years. He stated that the City wanted to maximize Eagan's service. Wachter moves, McCrea seconded, the motion to approve an agreement that would establish a six city transit authority creating the necessary joint powers agreement which authorizes the submittal of a six city replacement service plan to the Regional Transit Board by June 30, 1989. DNR PROPOSAL/DEER POPULATION CONTROL City Administrator Tom Hedges reviewed the matter for the Council. John Parker, representing the DNR, summarized the results of the task force and stated there was disagreement on many issues. Councilmember Wachter asked for the number of deer related accidents. Mr. Parker replied he did not know. Councilmember Egan asked if a uniform concensus could be reached. Mr. Parker replied that the DNR would come up with a long range plan. Councilmember Wachter stated that harvesting prevented starvation and accidents. He asked how other cities differ in the practice. Mr. Parker explained the methods and there was further discussion. Linaa Hatfield (Friends of Animals) distributed a copy of the archery study. She opposed the bow hunting and presented various statistics. She stated the deer kill numbers were too high. Page 10/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 Councilmember Gustafson remarked that the issue was the reduction in the deer population and not a reduction of accidents. Councilmember Egan agreed that bow hunting was not as efficient as slug shot hunting. Councilmember McCrea agreed to the shooting method. Mr. Parker explained the City of Burnsville shotgun season. Councilmember McCrea requested an explanation regarding the liability and seasons. Mr. Sheldon stated there would be no further City liability. Mr. Parker responded it would be a nine day season. Richard Laborn (from Burnsville - Minnesota Network for Animal Concerns) stated the refuge should be a sanctuary and that hunting did not control the population. He was opposed to all hunting, especially bow hunting. He felt that non-lethal alternatives should be used. Be distributed a handout. Councilmember Gustafson felt it was wrong to prohibit bow hunting as there were not enough facts. Egan moved, McCrea seconded, the motion to approve a deer reduction effort to control population for 1989-1990 as modified to a shotgun hunt. All voted in favor. SPECIAL PERMIT/NORTHERN NATURAL GAS COMPANY/STEEL FRAMED BUILDING City Administrator Tom Hedges described the request for the Council. Community Development Director Dale Runkle informed the Council that the City requested higher standards than presented by the applicant regarding the exterior design. Dennis Workmeister (Enron Corporation) detailed the meetings and stated that Enron would provide erosion control. He presented information on the facility site proposal including photographs and blueprints. He pointed out that a steel structure already existea in the neighborhood. He outlined the fencing and landscaping. Mayor Ellison asked for the location of the pole barn. The applicant replied it was located on Cliff. Mayor Ellison asked the applicant why they were unwilling to change the exterior design of the building. Mr. Workmeister responded that Enron was using its common building procedures and that the building was good quality and cost effective. City Administrator Tom Hedges pointed out that Northwestern Bell had provided brick buildings and that the City also abided by the brick and stone standards. He further stated that other utility companies met City quality standards. Councilmember Wachter asked for the number of similar structures in Eagan. The applicant responded it was difficult to know. Mr. Wachter pointed out that other utility companies did abide by the standards. The applicant stated he could not speak for other utility companies. Councilmember McCrea stated Page 11/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 she could not support the exception from the standards. The applicant stated that brick would be hard to modify if it were necessary. Councilmember Egan questioned the location and the size increase. The applicant stated it was located near the gas main and that the relocation was necessitated by the road improvement. He further stated that the size was for the service increase. Councilmember Egan commented that the pictures were not relevant to the location and felt the building should be modified. The applicant stated that Enron was located there first and felt it was proposing a good quality building. Councilmember Gustafson remarked that durability and quality of Enron's steel buliding was not a concern. He felt the building did not look right and requested that the design be revised using some steel if the applicant desired. The applicant stated he could take the council recommendations back to Enron. Mayor Ellison pointed out that the building should be compatible with the surrounding neighborhood and should not detract from the value of the homes. The applicant advised that the building was required. Mayor Ellison reiterated he did not want steel buildings and for Enron to do as other utility companies had done. Scott Olson (area resident) reported that the landscaping was acceptable but that he would prefer brick. Bill Haigh stated that both Al Herrmann and the gas company were very helpful and that all erosion requirements were met. He preferred brick and stated he would cooperate with the gas company. Al Herrmann pointed out that some of the items from the facility would not be in an enclosure. He suggested alternatives to brick and requested the complete facility be enclosed. Councilmember Gustafson expressed that it was the aesthetics that were important. Councilmember Egan explained that the buildings must be compatible with the surrounding neighborhood and that there was an acceptable middle ground. Mayor Ellison requested Enron work with City staff to improve the exterior of the building and report back to the Council. The applicant pointed out that Enron could not enclose all items because of safety reasons. Egan moved, Wachter seconded, the motion to continue to the June 20, 1989, City Council meeting, the special permit for Northern Natural Gas Company to construct a building over an existing meter and regulator facility on Outlot At Fairway Hills 1st Addition. All voted in favor. Page 12/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING Egan moved, Gustafson seconded, the motion to approve a continuance of the conditional use permit for Naegele Outdoor Advertising to the June 20, 1989, City Council meeting. APPOINTMENT OF CITY INSURANCE REPRESENTATIVE City Administrator Tom Hedges introduced the matter to the Council. Councilmember Egan informed the Council that the interviews went well and all three applicants were good. He stated that the committee recommended First Insurance for the appointment of City insurance representative. Councilmember McCrea agreed with Egan. She had some concerns regarding the cost and felt a cost ceiling should be secured. City Clerk Gene VanOverbeke stated that the other two bids were on a fee basis while First Insurance had a commission rate. ,He stated that the rates were not known until the renewal date. Councilmember Egan pointed out that the SOQ allows the City to negotiate the final terms. He recommended trying to lock in a ceiling fee. Mr. VanOverbeke agreed and stated that staff should negotiate before the Council locks in. Mayor Ellison stated that risk management should be an integral part of the bid. Mr. VanOverbeke agreed. City Administrator Tom Hedges recommended continuing the item to the June 20, 1989, City Council meeting to present the negotiation results. Egan moved, McCrea seconded, the motion to continue to the June 20, 1989, City Council meeting, the selection of an insurer representative to provide the services of an insurance agent/broker and risk management advisor to the City of Eagan for the next three years beginning July 1, 1989, to allow for further negotiations. All voted in favor. PRELIMINARY PLAT EXTENSION/TOWN CENTRE 100 FIFTH ADDITION Community Development Director Dale Runkle presented the background information to the Council. Dave Sellergren (attorney for the applicant) stated that due to an oversight, a plat extension was not requested. He informed the Council that the project was the same as approved one year ago and that both proposed conditions were acceptable to the applicant. He requested approval of a one year extension for the preliminary plat. Mayor Ellison questioned if the building code had changed. Community Development Director Dale Runkle replied that the condition was mainly for reference. Page 13/EAGAN CITY COUNCIL MEETING MINUTES..) June 6, 1989 Mayor Ellison asked if the City needed to grant the extension. City Attorney Jim Sheldon stated that the City had the option to extend or require the developer to go through the process again. He stated it was within the discretion of the Council. Councilmember Egan questioned the three-year agreement. Mr. Sheldon stated it referred to the final plat approval only. Attorney Sellergren stated he did not want to make a legal issue of the matter. He pointed out that the site worked better as presented. Mayor Ellison remarked he would like the new City standards met by the applicant. Mr. Sellergren pointed out that he did not have authority to commit the applicant. He pointed out that in this situation it would be very difficult to meet the new City standards. He stated that City staff was comfortable with the design. Councilmember Egan questioned the brick location and pointed out ,,that at the preliminary approval meeting, the Council decided it was a trade off of larger and better units for detached garages. He felt the developer was meeting the standards in spirit. Councilmember McCrea commented that once approval was made, the Council could not guarantee quality standards. The applicant stated it could become a part of the development agreement. McCrea moved, Egan seconded, the motion to approve the extension of the Town Centre 100 Fifth Addition, Waterford Apartment Project, without amendment to the Town Centre 100 Fifth Addition preliminary plat, subject to the following conditions: 1. Landscape irrigation shall be required in all soaded areas. 2. The project will be subject to the requirements of the Minnesota State Building Code that is being enforced at the time of the building permit issuance. 3. The development agreement is to include a condition to insure quality building standards. 4. The developer will waive its rights under any three year claim under Code 11.20, Subd. 22 and 24. All voted in favor. CONDITIONAL USE PERMIT/HAVIER'S RESTAURANT Community Development Director Dale Runkle introduced the matter to the Council and stated the Advisory Planning Commission was recommending approval. Page 14/EAGAN CITY COUNCIL MEETING MINUTES June 6r 1989 Gustafson moved, McCrea seconded, the motion to approve the conditional use permit for Xavier' s Restaurant to allow an on-sale beer and wine license, subject to the following conditions: 1. The necessary permits are approved by the City Police Department. 2. All other applicable ordinances are adhered to. All voted in favor. XAVIER'S RESTAURANT/LICENSE FOR ON-SALE BEER AND WINE Wachter moved, Egan seconded, the motion to approve the on-sale beer and wine license as presented by Xavier's Restaurant at 1260 Town Centre Drive. All voted in favor. CONDITIONAL USE PERMIT/G. T. MILLER AND R. W. BUNT/ANIMAL CLINIC Community Development Director Dale Runkle presented the application for the animal clinic to the Council and informed them the Advisory Planning Commission was recommending approval. Councilmember Egan asked if staff had any health concerns regarding the project. Community Development Director Dale Runkle responded there were no health concerns regarding the animal clinic. Councilmember Wachter stated he had concerns regarding the overnight stays. Gustafson moved, Egan seconded, the motion to approve a conditional use permit for G. T. Miller and R. W. Hunt to allow an animal clinic in a CSC district, located on Lot 2, Block 1, Cliff Lake Centre Addition, subject to the condition that practice shall be limited to outpatient treatment only, with no overnight stays permitted. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. CONDITIONAL USE PERMIT/LONE OAK PLAZA/DAYCARE CENTER Community Development Director Dale Runkle briefed the Council regarding the application and stated the Advisory Planning Commission recommended approval of the application. City Administrator Tom Hedges referenced a letter from the developer acknowledging that the location for the daycare center was in the noise corridor and its willingness to meet the standards. Mark Ravich (owner of the shopping center) informed the Council that the parking would be modified for safety reasons. Page 15/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 Councilmember Egan questioned various elements of the center. Councilmember McCrea asked if the play area would be removed. The developer stated it would not be a viable option and the parking standards were too high. Councilmember McCrea recommended the elimination of proposed condition number 2. Mr. Runkle stated the parking was typically adequate. Councilmember Gustafson supported the removal of the proposed condition. Administrative Assistant Jon Hohenstein informed the Council that the noise contours were drawn under a scenario that no longer existed. He stated it would be hard to measure the exact effect and felt the daycare was primarily a service and not an educational facility. Councilmember McCrea stated the parking lot should be screened from the play area. The owner felt it was for aesthetic reasons. Mr. Hohenstein referenced the notices and explained the process. There was much discussion regarding the decibel levels. McCrea moved, Egan seconded, the motion to approve a conditional use permit to allow a daycare center with outside play area in a Neighborhood Business district located on Lot 1, Block 1, Eagandale LeMay Lake 3rd Addition, at the southeast corner of Lone Oak Road and Eagandale Place in the northwest quarter of Section 10, as requested by Lone Oak Plaza Ltd. Partnership, and make a determination that a daycare facility is a service facility and not an educational facility, subject to the following conditions: 1. All City sign ordinances shall be adhered to. 2. A four foot limited visibility chain link fence shall be installed to completely surround the outdoor play area. 3. To protect the play area, it is required that either concrete pillars be installed or the parking/drive through plan be revised. All voted in favor. WAIVER OF PLAT/RUSSELL GRIMMER Community Development Director Dale Runkle introduced the application to the Council. City Administrator Tom Hedges requested an addition to the conditions requiring an agreement to prevent tax forfeiture of a small parcel. Wachter moved, McCrea seconded, the motion to approve the waiver of plat for Russell Grimmer to convey a portion of Lot 5, Wilderness Retreat Addition, to Lot 20, Lakewood Hills Addition, located in the Page 16/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 northeast quadrant of Cliff Road and Lakewood Hills Road in the southeast quarter of Section 26, subject to the following conditions: 1. Both properties owned by the Ruds, Parcels 052-00 and 210-00, shall be combined into one tax parcel and recorded with the County within sixty days of City Council action. 2. Parcel B shall be combined with Lot 20 of the Lakewood Hills Addition and recorded with the County within sixty days of City Council action. 3. Both parties to execute an agreement to prevent tax forfeiture of small parcels. All voted in favor. R-89.32 REZONING/PRELIMINARY PLAT/STONEBRIDGE 2ND ADDITION Community Development Director Dale Runkle introduced the matter to the Council and stated that the rezoning and preliminary plat were recommended for approval by the Advisory Planning Commission. Wayne Tauer (Pioneer Engineering) informed the Council that the park location had been revised and an access had been added. Councilmember Gustafson commented that the southern most stub had no cul-de-sac. Public Works Director Tom Colbert replied that two lots could be restricted to the access as a condition. The developer agreed to the restriction. Councilmember Wachter asked if the trees were to be replaced. The developer commented there was no plan to replace the trees. He explained the grading plan and the tree impact. Egan moved, Gustafson seconded, the motion to approve a rezoning of 67.7 Planned Development, Agricultural acres to a Planned Development, Single Family district located south of Northview Park Road and west of Dodd Road in the southwest quarter of Section 24 as requested by United Mortgage Corporation for the Stonebridge 2nd Addition. All voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat for Stonebridge 2nd Addition consisting of 121 single family lots located south of Northview Park Road and west of Dodd Road in the southwest quarter of Section 24 as requested by United Mortgage Corporation, 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, B21 B3 r B4, Cl, C2,, C3 r C5,, Dl? Ell Fl and Gl. 2. There will be no driveway access onto Dodd Road or Northview Park Road. Page 17/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 3. The development will be required to submit a retaining wall design for staff review and approval prior to final plat approval. 4. The development will be required to designate and provide emergency overland drainage routes from proposed street low points and ponding areas. 5. The development will be required to provide a storm sewer outlet to the southerly boundary of the plat in a location which can be utilized as the outlet to Pond JP-27. 6. The development will be required to provide 2.8 acre feet of wet pond volume in Pond JP-53 and an increase of 1.8 acre feet of wet pond volume in Pond JP-22. 7. A new street entrance to Northview Park Road shall be constructed approximately 145' east of the existing entrance constructed as a part of the Northview Park Road improvements, provided good engineering practices and safety standards can be adhered to. 8. The lot lines in Block A are to be extended to use up the proposed park property. 9. Lots 6 and 11, Block 6, shall be restricted from the access to the stub street. All voted in favor. CITY CODE AMENDMENT/LICENSING OF GOLF DRIVING RANGES City Administrator Tom Hedges introduced the matter to the Council. He stated the ordinance should be fee imposed. Egan moved, Wachter seconded, the motion to approve the City Code amendment to Chapter 6 allowing for the licensing of golf driving ranges, subject to the insertion of a fee. All voted in favor. CITY CODE AMENDMENT/REDEFINITION OF STREET OR HIGHWAY City Administrator Tom Hedges briefed the Council regarding the amendment. Wachter moved, McCrea seconded, the motion to approve the amendment to City Code Section 7.01 of Chapter 7 which changes the definition of street or highway. All voted in favor. Page 18/EAGAN CITY COUNCIL MEETING MINUTES June 6, 1989 CITY CODE AMENDMENT/CHAPTER 9 REGARDING PARKING OF COMMERCIAL VEHICLES City Administrator Tom Hedges summarized the amendment for the Council. He stated that the Police Chief recommended the reduction in Subd. 7 from twelve hours to six hours. Councilmember Gustafson had concerns regarding large recreational vehicles. He supported the change to six hours. Mike Casey (Falcon Way) informed the Council his neighborhood had a problem with a large commercial vehicle. Egan moved, Gustafson seconded, the motion to approve an amendment to Chapter 9, Section 9.10, that regulates the parking of trucks, trailers and commercial vehicles on public streets, subject to the change in Subd. 7 from twelve hours to six hours. All voted in favor. CITY CODE AMENDMENT/REGULATION OF DOGS AND CATS City Administrator Tom Hedges recommended continuance of the matter to the June 20, 1989, City Council meeting. Councilmember Wachter requested changes in the ordinance regarding four or more dogs without a kennel permit. He requested it be changed to three dogs. He also requested the issue date be changed to May 1 and that all tags be issued together. McCrea moved, Gustafson seconded, the motion to continue to the June 20, 1989, City Council meeting, an amendment to Chapter 10 regarding dog and cat regulation and dog licensing. All voted in favor. STOP SIGN PETITION/PIN OAK DRIVE Public Works Director Tom Colbert updated the Council on the background information. Councilmember Wachter stated he understood the neighbors' concerns. Steve Hargens informed the Council the problem was real and that the people were speeding in the area. He felt the police tests were not accurate. He stated there were many near misses of accidents and that the neighborhood needed help in this regard. Mayor Ellison commented that a stop sign was not a good speed control. He felt it gave children a false sense of security. Councilmember McCrea had concerns regarding children at play. Public Works Director Tom Colbert stated that all neighborhoods have children. He further commented that if children at play signs are overused, they become meaningless. Councilmember Egan stated that the