06/20/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
June 20, 1989
A regular meeting of the Eagan City Council was held on Tuesday,
June 20, 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 and
City Attorney James Sheldon.
AGENDA
Gustafson moved, Wachter seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
June 6. 1989. Councilmember Gustafson requested the following
revisions:
1. Page 7, paragraph 1, a correction to the spelling of
"MacQueen";
2. Page 11, paragraph 3, the first sentence should read
"Councilmember Gustafson remarked that durability and quality of
Enron's steel building was not a concern."; and
3. Page 17, the ninth condition for Stonebridge 2nd Addition
should read "Lots 6 and 11, Block 6, shall be restricted from the
access to the stub street."
Mayor Ellison requested the correction on page 18, paragraph 8,
to the spelling of "Hargens".
Wachter moved, Gustafson seconded, the motion to approve the
minutes for the June 6, 1989 regular Council meeting as amendea. All
voted in favor.
May 9. 1989. Egan moved, Gustafson seconded, the motion to
approve the minutes for the May 9, 1989 special Council meeting as
presented. All voted in favor.
May 30, 1989. Gustafson moved, Wachter seconded, the motion to
approve the minutes for the May 30, 1989 special Council meeting as
presented. All voted in favor.
Page 2/Eagan City Council Minutes June 20, 1989
ANNUAL FINANCIAL REPORT
City Administrator Tom Hedges introduced the matter to the
Council. Financial Director Gene VanOverbeke informed the Council
that the City was in a good financial position.
Mike Vinyon, Deloitte, Haskins & Sells, reported that the City
staff prepared the written report and that Deloitte performed the
audit. He stated the report was excellent. He referenced a change in
the fund accounting for water hook-up charges. He pointed out that
the financial condition for the City of Eagan was excellent. He felt
the fund balance could be higher and he referenced suggestions for
improvements.
Councilmember McCrea asked if separation of duties had been
implemented to safeguard the funds. Mr. Vinyon replied that the
safeguards had been improved. Mr. VanOverbeke agreed.
Councilmember Wachter questioned if Council adoption of the
report also adopted the recommendations. Mr. VanOverbeke replied that
the recommendations would be adopted most likely.
Egan moved, McCrea seconded, the motion to approve the annual
financial report for 1988 as prepared by the firm Deloitte, Haskins &
Sells. All voted in favor.
RESIGNATION OF CITIZEN REPRESENTATIVE
WATER QUALITY MANAGEMENT COMMITTEE AND
GUN CLUB WATERSHED MANAGEMENT ORGANIZATION
City Administrator Tom Hedges introduced the matter to the
Council. Public Works Director Tom Colbert thanked Scott Merkley for
his contribution ana stated he would be missed on both committees. He
stated that Ms. Alderks was the alternate on the Gun Club Watershed
Management Organization. He reported to the Council that the status
of the organization was in its final stages for approval. He stated
there were two options - one of appointing the alternate as a full
member and the other of appointing a staff member to complete Mr.
Merkley's term. Mr. Colbert felt that the appointment of a staff
member would provide more continuity to the Committee.
Mr. Colbert informed the Council that the Water Quality Task
Force was nearly 80% completed and felt it could be turned over to
City staff. He felt that a replacement on the Water Quality Task
Force was not as crucial as a replacement on the Gun Club Committee.
Mayor Ellison asked if a vacancy could remain on the Water Quality
Management Committee. Mr. Colbert replied yes. The Council agreed.
Mayor Ellison questioned if a staff member should be appointed
to the Gun Club Watershed Management Organization. Mr. Colbert states
either staff, an Advisory Planning Commission member or a Parks
Page 3/Eagan City Council Minutes
June 20, 1989
Commission member could be appointed. City Administrator Tom Hedges
stated that Mr. Merkley could return for the public hearings.
McCrea moved, Egan seconded, the motion accept the resignation
of Scott Merkley from the Watershed Management Committee and the Gun
Club Watershed Management Organization and solicit for his
replacement on the Gun Club Watershed Management Organization with
priority given to either an Advisory Planning Commission member or an
Advisory Parks & Recreation member. All voted in favor.
FIRE STATIONS NO. 4 AND 5
City Administrator Tom Hedges referenced the grand opening for
Fire Stations No. 4 and 5 and stated that either July 9 or July 16
was preferred. Councilmember Wachter felt the grand opening should be
postponed until the fall. Councilmember McCrea felt that the summer
would be a better time for the grand opening. Councilmember Gustafson
recommended Sunday, July 9, 1989. The Council agreed to that date.
CONSENT AGENDA
A. Personnel Items.
1. Engineering Tech (Informational Only.
The Council was informed of the hiring of Lane Wegener as
Engineering Tech as approved at the June 6, 1989 City Council
meeting.
2. Seasonal Street Maintenance Worker (Informational Only).
The Council was informed that a resignation was received from a
seasonal street maintenance worker. In order to fill the position in
a timely manner, the City Administrator approved the hiring of John
Carlson.
3. Temporary Receptionist.
It was recommended to approve the advertisement for a temporary
receptionist for the Eagan Municipal Center to cover the child care
leave of Denice Muccio-Grout.
B. Declare Surplus Property. Abandon Property 1977 Chevrolet
Corvette.
it was recommended to authorize a 1977 Chevrolet Corvette as
surplus property.
Page 4/Eagan City Council Minutes
June 20, 1989
C. License Renewals for Service Station Permits.
It was recommended to approve service station permit renewals
for 15 service stations as presented.
D. License Renewals for Trailer Permits.
Councilmember McCrea stated there was a trailer at Cliff Road
and Highway 3 which did not have a permit. Doug Reid stated it had
been approved by Council action. Mr. Hedges stated the matter would
be researched.
Mayor Ellison questioned why Mr. Borne's trailer permit was
being renewed. Be was informed that staff could find no conditions
dealing with removal. Councilmember Egan stated he felt there was a
condition relating to the removal.
Councilmember Wachter stated he felt the Alwin & Lyle Schultz
trailer might be vacated. Mr. Hedges stated he felt the staff should
do further research regarding the trailer permit renewals. Mayor
Ellison agreed.
It was recommended to continue the six trailer permits to the
July 5, 1989 City Council meeting.
E. License Renewals for Amusement Devices.
It was recommended to approve the amusement device renewals for
1989 as presented.
F. Parade Permit. Application for Donald Clark/Eagan Fourth of
July Association.
It was recommended to approve a parade permit for the Fourth of
July Association for the annual parade that is included as a part of
the Fourth of July festivities.
G. Application/Massage Therapy Establishment License and Massage
Therapist License for Today's Concept of Eagan.
Councilmember McCrea stated she felt there was additional
information needed from the Police Department. The issue was resolvea
by the Council.
It was recommended to approve a massage therapy establishment
license in the name of Today's Concept of Eagan and a massage
therapist license for Kathleen Maurer, Elizabeth Gangl and Robin
Oxborough.
Page 5/Eagan City Council Minutes 0
June 20, 1989
H. Selection of Space Needs Analysis Consultant.
It was recommended to authorize the selection of BRW Architects,
Inc. as the architectural firm to prepare a space needs analysis for
the municipal center, law enforcement and fire administration needs.
It was recommended to approve the space needs analysis proposal
as submitted by BRW Architects, Inc.
I. City Code Amendment/Dog and Cat Regulations.
Councilmember Wachter stated he felt the tags should be issued
together. Mr. VanOverbeke replied that the veterinarians in the area
were against it.
City Administrator Tom Hedges recommended future review and
.research. Councilmember Wachter agreed.
It was recommended to approve the amendment to Chapter 10
regarding dog and cat regulation and dog licensing.
J. Waiver of Plat, B.H. Grace Corporation, Lot 1. Block 6,
Vienna Woods. Duplex Lot Split to Allow Individual Ownership.
It was recommended to approve a waiver of plat for B.H. Grace
Corporation, Lot 1, Block 6, Vienna Woods, for a duplex lot split to
allow individual ownership.
K. Amendments to the 1989 Waste Abatement/Recycling Funding
Application.
It was recommended to authorize an amendment to the Community
Landfill Abatement Funding Program to include 1) a stump grinder as a
capital acquisition for the Parks & Recreation Department and 2)
additional funds for the abatement goal set at 9% to be used for
payments to haulers if the City's goals are exceeded.
L. Contract 89-14. Receive Bid/Award Contract (Water Treatment
Plant - Dehumidification).
Mayor Ellison questioned if the matter could be rebid in the
hopes of a reduced cost. Public Works Director Tom Colbert reported
that the original estimate did not include the revised
specifications. Bob Rosene explained the system.
It was recommended to receive the bids for Contract 89-14 (Water
Treatment Plant - Dehumidification)- and award the contract to the
lowest responsible bidder, Environ-Con. Inc. in the amount of
$47,385.00.
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June 20, 1989
M. Project 575. Receive Petition/Authorize Feasibility Report
(James Court - Street Lights),.
It was recommended to receive the petition for Project 575
(James Court - Street Lights) and authorize the preparation of a
feasibility report.
N. Project 570. Receive Feasibility Report/Order Public Hearing
(Cliff Ridge Addition - Storm Sewer).
It was recommended to receive the feasibility report for Project
570 (Cliff Ridge Addition - Storm Sewer) and authorize the public
hearing to be held on July 18, 1989.
0. Contract 89-09. Approve Plans/Authorize Ad for Bids (Johnny
Cake Ridge Road Extension).
It was recommended to approve the plans and specifications for
Contract 89-09 (Johnny Cake Ridge Road Extension) and authorize the
advertisement for bid openings to be held at 10:00 a.m. Friday, July
14, 1989.
P. Vehicle No. 219. Receive Bids/Authorize Purchase (Sewer
Vac-all).
Councilmember Egan had questions regarding this matter. Public
Works Director Tom Colbert explained the cost rationale and stated
that the equipment was necessary. He explained why the bid over ran
the budget. Egan questioned if a rebid would bring a better price.
Mr. Hedges stated that the matter was budgeted under the Public
Enterprise Fund.
Wachter moved, Egan seconded, the motion to receive the bids for
Vehicle No. 219 and award to the lowest responsible bidder,
Ruffridge-Johnson Equipment Co., and defer payment as late into the
season so part of the cost will carry over in 1990. All voted in
favor.
Q. Contract 88-17. Receive Bids/Award Contract (Cedarvale
Boulevard - Overlay).
Public Works Director Tom Colbert informed the Council there was
difficulty in obtaining signatures on the easement and requested the
matter be continued for two weeks. He recommended advertising but not
awarding the contract until the easements were acquired. He further
stated that the owners requested an area assessment and want to
expand the street light area to include industrial lights.
Councilmember Egan felt this was a good idea as it could prevent
double assessment. Councilmember Wachter agreed.
Page 7/Eagan City Council Minutes
June 20, 1989 9
It was recommended to receive the bids for Contract 88-17
(Cedarvale Boulevard - Overlay) and to continue the matter to the
July 5, 1989 City Council meeting to allow the City to secure state
aid approval prior to awarding the contract, thereby complying with
MnDOT funding requirements.
R. Pro3 Pct 574, Receive Petition/Authorize Feasibility Report
(Eagandale Industrial Park - Street Lights).
It was recommended to receive the petition for Project 574
(Eagandale Industrial Park - Street Lights) and authorize the
preparation of a feasibility report.
S. Gambling License, Fire Fighters Relief Association for Fire
Prevention.
It was recommended to approve the withdrawal of a temporary
gambling license to be used for pull tabs by the Fire Fighters Relief
Association during the July Fourth celebration.
T. Show License, for a Carnival and Public Show, Eagan Lions
Fourth of July Celebration.
It was recommended to approve a show license for a carnival and
public show to the Eagan Lions Club for the Fourth of July
Celebration.
U. License (Temporary) for Non-Intoxicating Malt Liquor. Eagan
Lions Fourth of July Celebration.
It was recommended to approve a non-intoxicating malt liquor
license for the Eagan Lions Club for the Fourth of July Celebration
festivities from June 30, 1989 to July 5, 1989.
V. Contract 88-17. Approve Resolution Restricting On-Street
Parking (Silver Bell Road and Nicols Road).
It was recommended to approve the resolution restricting
on-street parking for portions of Silver Bell Road and Nicols Road
for Contract 88-17 (Cedarvale Boulevard - Resurfacing) and authorize
the Mayor and City Clerk to execute said resolution.
W. Project 533, Approve Resolution Restricting On-Street Parking
(Diffley Road).
It was recommended to approve a resolution restricting on-street
parking (Diffley Road) and authorize the Mayor and City Clerk to
execute said resolution.
Page 8/Eagan City Council Minutes
June 20, 1989
X. Contract 87-WW. Final Acceptance (Kindercare Addition - Storm
Sewer)..
It was recommended to accept Contract 87-WW (Kindercare - Storm
Sewer) for perpetual City maintenance, subject to all warranty
provisions.
Y. Contract 88-22, Approve Change Order No. 1 Revised (Yorkton
Second Addition - Storm Sewer)..
It was recommended to approve Change Order No. 1 Revised for
Contract 88-22 (Yorkton Second Addition - Storm Sewer) and authorize
the Mayor and City Clerk to execute all related documents.
Z. City Code Amendment to Chapter 6 to Repeal Dance Ordinance.
Councilmember Wachter questioned why the section should be
,repealed. Mayor Ellison explained that the State changed the law.
It was recommended to amend City Code Chapter 6, Section 6.31,
by repealing the provision relating to dances as presented.
AA. City Code Amendment to Chapter 8 for Traffic Regulations.
It was recommended to approve the amendment to The Traffic
Regulations section that adopts M.S.A. Chapters 168, 169 and 171 by
reference and adopt by reference Eagan City Code Chapter 1 ana
Section 8.99.
McCrea moved, Egan seconded, the motion to approve the foregoing
consent agenda items as amended, and authorize their implementation.
All voted in favor, except Wachter voted against Item L. - Contract
89-14, Receive Bids/Award Contract (Water Treatment Plant -
Dehumidification).
PROJECT 569/ARMSTRONG BUSINESS CENTER/UTILITIES
Public Works Director Tom Colbert presented the matter to the
Council. Mark Hanson (Bonestroo representative) presented the
feasibility report and explained the utility layout and assessments.
Bob Worthington (Opus) informed the Council that Opus favored the
project and the bid.
Councilmember Wachter stated he appreciated the water storage
and requested it be increased. Councilmember Egan questioned if there
were off-site easements required. Mr. Hanson replied yes.
Public Works Director Tom Colbert referred to Item E. of the
administrative agenda to receive bids and award the contract for
Armstrong Business Center. He stated that the bids resulted in an
estimate exceeding $100,000.00. Be stated the publishing requirements
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June 20, 1989
were not met and that the matter could not be awarded at the Council
meeting. He also stated that the PCA permit was still being
processed. He stated the options were to cancel the public project,
delete the sanitary sewer or reject and readvertise, which would
delay the project until August 1. He reported that there was a need
for the rights of entry or the easements and recommended continuing
the matter for two weeks.
Mr. Worthington emphasized that speed was crucial and asked the
Council to resist delaying the project. He stated he preferred
alternative number 2 which was to delete the sanitary sewer. Mr.
Colbert agreed to alternative number 2. Councilmember Egan stated he
felt that the circumstances warranted alternative number 1 which was
to cancel the public project. Mr. Colbert stated the public project
would not need to be cancelled.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve Project 569 (Armstrong Business Center -
Utilities) to include alternative number 2. All voted in favor.
CONTRACT 89-15/RECEIVE BIDS, AWARD CONTRACT (ARMSTRONG BUSINESS
CENTER - UTILITIES)
Egan moved, Wachter seconded, the motion to receive the bids for
Contract 89-15 (Armstrong Business Center - Utilities) subject to the
deletion of the sanitary sewer improvement and the acquisition of
easements, and award the contract to the lowest responsible bidder,
CECA Utilities, in the amount of $111,951.14. All voted in favor.
VACATION/WHISPERING WOODS FOURTH ADDITION
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the vacation of various street and utility
easements located within the Whispering Woods Fourth Addition and
authorize the Mayor and City Clerk to execute all related documents.
All voted in favor.
APPOINTMENT/CITY INSURANCE REPRESENTATIVE
City Administrator Tom Hedges updated the Council on the matter.
Councilmember McCrea stated she was satisfied with the dollars and
that the risk management was not as much as anticipated. There was
further discussion regarding risk management. If additional risk
management was needed, the City could enter into a subsequent risk
management agreement if they desire in the future.
Egan moved, Gustafson seconded, the motion to appoint First
Insurance to act as the City's insurance representative on all
property casualty, liability and worker's compensation and further to
provide advice, training and other related direction in the area of
risk management. All voted in favor.
Page 10/Eagan City Council Minutes
June 20, 1989 DESIGNATION OF TRAILWAY/LEXINGTON POINTE PARKWAY AND DANIEL DRIVE
City Administrator Tom Hedges provided background information
regarding the matter. Steve Sullivan briefly reviewed the
recommendations and alternatives for the trail alignment. He outlined
the priority locations and stated this trail was one of those
locations. He further pointed out that a trail located on the road
was not feasible. He stated that the north/south trail limited the
east/west connections. He presented the trail plan and stated that
the location of a trail on the north side of Lexington would allow
for a sidewalk only.
Pat Connelly, 921 Curry Trail, informed the Council that all
residents had not been contacted. He felt the trail location was
unsuitable and referenced the petition which showed that 76 favored
the deletion of the trail. He had concerns regarding safety and
.aesthetics. He felt there was ample room for a trail on the roadway
and further stated the City was moving too fast. A citizen commented
that he felt the sidewalk and trail were the same in use but that a
sidewalk looks better. He felt the trail was an eyesore and discussed
other options. He felt safety was important.
JoAnne Koloc stated she was not directly impacted by the
Northview Meadows Trail. She pointed out that traffic had increased
on Braddock Trail. She had safety concerns. She further pointed out
that there were enormous backyards on the west side of Daniel Drive.
Bill Shey, 4332 Lexington Parkway, thanked the City for the
notice. Be had concerns regarding the sprinkler system ana the
aesthetics. Be felt a sidewalk would be better than a trailway. Be
pointed out that the entire neighborhood would be affected. Be also
had safety concerns regarding the intersection of Daniel Drive and
Lexington Pointe Parkway.
Mayor Ellison questioned if the City would either sod or seed
the area. Mr. Colbert responded that the area would be either sodded
or seeded and that the developer would be constructing the trailway.
Jim Jensen, 863 Rogers Court, indicated he felt the trail should
not be relocated if it was constructed. He felt the west side of the
street had the obligation and asked why the City had changed its
mind. Be pointed out that nothing has changed and that the City had a
commitment to the residents of Northview Meadows. He stated that all
property owners would try to move the trail somewhere other than
their property.
Tom Esselman, 4290 Daniel Drive, preferred the sidewalk to a
trailway. He had safety concerns and pointed out that traffic at the
intersections had increased. Be thanked the Council for their
consideration.
Page 11/Eagan City Council Minutes
June 20, 1989
Gary Manning, 4321 Lexington Pointe Parkway, stated he felt the
"buyer beware" attitude was wrong and stated that the realtors bad
misled the property owners. Be asked why the trailways had not been
constructed before the homes. He stated the trailway was not wanted
in the neighborhood and felt it unfortunate that the neighbors were
against each other.
Mayor Ellison questioned why the trailway was not installed
prior to construction of the homes. Mr. Sullivan pointed out that the
development contract did not require that sequence. He stated that
Tri-Land had that right.
Mayor Ellison had questions regarding the north/south Highline.
He asked if both were necessary. Mr. Sullivan stated that Daniel
Drive was more efficient.
Doug Ripperton, 920 Curry Trail, stated they would be losing
their privacy and that it was only two blocks to Highline. He felt a
trailway through the neighborhood was not necessary and preferred a
sidewalk.
Mike Murphy, 4286 Daniel Drive, thanked the Council for their
consideration and stated he was against the trailway. He requested it
be in the roadway and reiterated that the neighborhood was being
split apart.
Pat Connelly asked if the trailway would continue into Schwanz
Park. Mr. Sullivan stated there would be a pedestrian trail with
steps and a bike gutter. Mr. Connelly reiterated his concerns. Mr.
Sullivan explained alternate trail connections.
Dave Ashton, 4278 Daniel Drive, felt that a street trail was
safer. Mr. Sullivan pointed out that an off-road trailway was safer.
Mr. Colbert stated that a curb was a road hazard and recapped the
reasons for an off-road trailway.
Jim Jensen felt that a trailway was not much of a shortcut. He
pointed out that accidents generally happen at intersections.
Councilmember Egan asked what east/west access would be
available to Trapp Park Road and asked for the grade. Mr. Sullivan
explained. Mr. Egan pointed out that the continuity of the trail was
fundamental and that Daniel Drive was a minor neighborhood collector.
He stated there were other methods to reach the park and that the
traiiway was creating a neighborhood problem. He felt the area should
be an exception and that the trail should interconnect on a
north/south basis.
Mayor Ellison asked for the schedule for the Highline Trail. Mr.
Sullivan stated it would be developed at the time of the development
Page 12/Eagan City Council Minutes
June 20, 1989
and that the east/west was still theoretical. Councilmember McCrea
asked if the Highline development owned the trail area. Mr. Sullivan
replied that the City owned the area. McCrea suggested escrowing the
money saved from the Daniel Drive Trailway and applying it to the.
north/ south trailway.
Mayor Ellison emphasized that he believed in the trailway system
and that it should be continuous. He had concerns for safety and
questioned what was right versus what was fair. He stated fair was on
the west and that right was on the east. He felt there was no correct
answer. He recommended expediting the Highline Trail and that
Tr i-Land should pay its obligations. He felt other alternatives
should be sought.
Councilmember McCrea stated that a development agreement could
require the installation of trailways before the construction of the
:homes. Mayor Ellison commented that nobody wanted the trailways in
their yards and that the citizens should not misconstrue the action.
He remarked that it was being done only because there was another
option.
Councilmember Wachter stressed that trailways were much safer
than riding on the road. He questioned the slope of the Highline
location. He also asked for the distance from the Wilderness Run
Trail. Mr. Sullivan responded one-quarter mile.
Egan moved, McCrea seconded, the motion to eliminate a trailway
on the Lexington Pointe Parkway and Daniel Drive, subject to the
developer relocating the trail around the west and south perimeter of
the Lexington Pointe subdivision. Gustaf son, Ellison, Egan and McCrea
voted in favor; Wachter voted against.
Councilmember Gustaf son had concerns regarding the motion. Mayor
Ellison pointed out that the motion did not preclude future options.
SPECIAL PERMIT/NORTHERN NATURAL GAS COMPANY/STEEL FRAME BUILDING
Wachter moved, Gustafson seconded, the motion to authorize a
continuance of the special permit for Northern Natural Gas Company to
construct a steel framed building over the existing meter and
regulatory facility until the July 18, 1989 City Council meeting. All
voted in favor.
NAEGELE OUTDOOR ADVERTISING SIGNS/CONDITIONAL USE PERMIT
City Administrator Tom Hedges summarized the application and the
background regarding the matter. Community Development Director Dale
Runkle informed the Council he had surveyed other communities as to
their sign requirements. He referenced the City Attorney's memo dated
February 13, 1989. Mr. Runkle stated he was satisfied with the
exi sting ordinance.
Page 13/Eagan City Council Minutes
June 20, 1989
.N,ichael Cronin (Naegele) concurred with the staff findings and
requested approval of the conditional use permit. Mayor Ellison had
questions and concerns regarding the size of the billboards.
Councilmember McCrea stated she was not in favor of any billboards;
Mr. Cronin stated the size of the billboards should be the same size
as other signs in Eagan.
Councilmember Egan stressed that he was not a sign advocate but
that the City knows which areas are suitable and they are very
limited areas. Councilmember McCrea stated billboards were not
quality. Councilmember Gustafson stated he felt the location was
suitable but that the question was which size to allow. Mayor Ellison
questioned if the Council wanted to deviate from City standards.
Councilmember Wachter stated he felt the Council should not deviate
from the standards.
Councilmember Gustafson made a motion to approve the permit with
the size of the sign not to exceed 250 feet. Mx. Runkle pointed out
that a sign references a conditional use permit. The motion was
withdrawn.
Councilmember Gustaf son moved to approve a conditional use
permit to allow a billboard up to 3.78 square feet. There was no
second and the motion failed.
Mary Teska informed the Council that the lights are not turned
off on the existing billboards and stated that the sign would affect
the scenery. She urged denial of the request.
McCrea moved, Wachter seconded, the motion to deny the
conditional use permit for Naegele Outdoor Advertising to allow a
billboard advertising sign in an LI district for the following
reasons: the river valley is the entrance to the City of Eagan and
the requested sign was too large for an LI district. All voted in
favor.
GENERAL POW/SPECIAL USE PERMIT EXTENSION
City Administrator Tom Hedges summarized the application for the
Council.
Wachter moved, McCrea seconded, the motion to approve a special
use permit extension for Gtneral Pump allowing a four (4) month
extension to December.31, 1989, for its temporary mobile office
located at 3380 Highway 149, subject to existing conditions. All
voted in favor.
Page 14/Eagan City Council Minutes
June 20, 1989
MINIATURE GOLF COURSE FOR TEE TIME/SPECIAL USE PERMIT AMENDMENT
Sharon Swenson informed the Council that customers had requested
a mini golf course be installed next to the driving range. She stated
it would be an eighteen hole preconstructed miniature golf area. She
pointed out that the area would be fenced. Mayor Ellison was in favor
of the miniature golf course. Councilmember McCrea agreed with the
Mayor.
Wachter moved, Egan seconded, the motion to approve an amendment
to the special use permit for Tri-Land Partnership to allow a
miniature golf area in addition to the driving range for Tee Time in
Eagan within the Lexington South Planned Development, subject to the
condition that no parking shall be permitted on Patrick Road. All
voted in favor.
TEE TIME IN EAGAN DRIVING RANGE/REQUEST FOR
REFUND OF SEWER AND WATER ASSESSMENT CHARGES
Sharon Swenson informed the Council that the builder paid the
required fee. City Administrator Tom Hedges pointed out that the
amount paid would be credited against future levy. Mayor Ellison felt
that the fee was not a hardship. Councilmember Wachter agreed.
Wachter moved, Egan seconded, the motion to deny a request by
Tri-Land Companies that the City not require payment of the sewer and
water assessment charges in the amount of $1,315.00 for trunk water
and trunk sewer one unit connection until the commercial property is
platted and developed in the future. All voted in favor.
PROJECT 561/STERNS ADDITION/ REVIEW DESIGN ALTERNATIVE
City Administrator Tom Hedges presented the background
information and an update to the Council. Public Works Director Tom
Colbert outlined the present median proposal and showed alternative
median extensions. He referenced the memo from Mark Hanson dated June
15, 1989. Be informed the Council that the affected developers were
present at the meeting. He further stated that staff recommended the
original proposal.
Howard Kyllo (Engstrom) recapped the history of the proposal. He
informed the Council that Ostenson and Engstrom both agreed to the
original design.
Cal Zwiefel (Independent School District No. 196) agreed that
the original design was the best design. He had safety concerns
regarding the revised median design.
Councilmember Wachter stated that the left turn lane should be
longer on the revised median. Councilmember Gustafson commented that
Page 15/Eagan City Council Minutes
June 20, 1989 `
everyone concurred that the original design was better and that
medians were not safe. He supported the original design.
Councilmember Egan remarked that a median may give a false sense of
safety.
Egan moved, Gustafson seconded, the motion to approve the
original design for the entrance roadway from Dodd Road pertaining to
the median, for Contract 89-16 (Project 561 - Sterns Addition). All
voted in favor.
CODIFICATION OF 1989 CITY CODE AMENDMENTS
Wachter moved, Gustafson seconded, the motion to approve the
codification of the 1989 City Code amendments. All voted in favor.
KINGS WOOD 4TH ADDITION/REZONING/PRELIMINARY PLAT
City Administrator Tom Hedges and Community Development Director
Dale Runkle presented the matter to the Council and stated that the
Advisory Planning Commission recommended approval of both the
rezoning and the preliminary plat.
Rollie Crawford (attorney for James Horne) informed the Council
that his client had concerns regarding the 50 foot setback for the
extension of Kings Wood 2nd. He requested an advance variance. He
felt the lots were problematic. Mayor Ellison asked if the plan could
be changed. Mr. Crawford stated the shape of the land precluded
changes.
Egan moved, McCrea seconded, the motion to approve a rezoning of
3.05 Agricultural acres and 1.73 Townhouse Residential/Planned
Development acres to a Single Family district, located west of
Cutters Lane in the northeast quarter of Section 21, as requested by
James Horne for the Kings Wood 4th Addition. All voted in favor.
Egan moved, Wachter seconded, the motion to approve a
preliminary plat consisting of eight single family lots located west
of Cutters Lane in the northeast quarter of Section 21 as requested
by James Horne for the Kings Wood 4th Addition, subject to the
following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, Bl,
B2, B3, Cl , C2,, C3,, C5 F Dl and El.
2. A variance is required regarding the 50 foot setback along
the interstate, said variance requirement to be determined by staff.
All voted in favor.
Page 16/Eagan City Council Minutes
June 20, 1989
Mr. Crawford informed the Council that a redrawing of the plat
was required because of minor modification to the easements. He
stated the matter would be held up for a few weeks because of this
redrawing and requested building permits be issued. Public Works
Director Tom Colbert informed the Council that staff was in favor of
the request.
McCrea moved, Wachter seconded, the motion to approve two
building permits to build two model homes in the Kings Wood 4th
Addition, prior to the approval and filing of the final plat. All
voted in favor.
WOODLANDS 3RD ADDITION/REZONING/PRELIMINARY PLAT
City Administrator Tom Hedges introduced the matter to the
Council and stated that the Advisory Planning Commission recommended
approval.
Howard Kyllo (Engstrom) explained the transfer of the property
and referenced the cul-de-sac. He proposed a sixty foot setback on
the north lot to meet requirements. Councilmember Egan questioned the
length of the cul-de-sac. Community Development Director Dale Runkle
stated it was over 500 feet in length. Mayor Ellison commented that
he preferred this alignment. Councilmember McCrea agreed with the
Mayor.
Councilmember Egan pointed out the necessity for a hardship in
order to approve a variance. Mayor Ellison stated that the ravine was
the hardship.
Mayor Ellison requested a change to proposed condition number 8
to read 15 feet. He further requested an addition of a condition
requiring a 60 foot setback on the northern lot.
Councilmember Gustafson stated he felt the hardship was a
combination of many factors.
McCrea moved, Gustafson seconded, the motion to approve a
rezoning of 2.54 Agricultural acres to a Single Family district,
located at the northeast corner of Wescott Road and Woodland Trail in
the southeast quarter of Section 14, as requested by Robert Engstrom
Companies for The Woodlands 3rd Addition. All voted in favor.
McCrea moved, Gustaf son seconded, the motion to approve a
preliminary plat consisting of 37 single family lots on 19.5 total
acres (16.96 acres currently zoned R-1) located at the northeast
corner of Wescott Road and Woodland Trail in the southeast quarter of
Section 14, as requested by Robert Engstrom Companies for The
Woodlands 3rd Addition, subject to the following conditions:
Page 17/Eagan City Council Minutes
June 20, 1989
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B21 B3, B4, Cl , C2 r C3 r C5 F Dl, and El.
2. Lot 22, Block 1 shall be designed to meet the 85-foot minimum
width at the setback or a 60-foot setback shall be required.
3. A landscape plan shall be submitted for the center cul-de-sac
islands.
4. The cul-de-sac length shall be approved as per plat.
5. The development is required to provide the appropriately
sized storm sewer outlet to Pond JP-39.
6. The development is required to remove the existing concrete
drive and replace the curb cut previously provided to Parcel 020-78.
7. Modifications to the proposed turn-around area at the
southerly end of Linden Lane are required to address concerns
relating to City maintenance, public safety vehicles and utility
service.
8. The easterly 15 feet of proposed Lots 31 and 32, Block 1, may
be transferred to the adjacent landowner to the east and combined
with that tax parcel, if such transfer is recorded prior to the
hearing by the Council of final plat approval.
9. The development is restricted to a 60-foot setback on the
northern lot.
All voted in favor.
ORDINANCE AMENDMENT/CHAPTER 5/OFF-SALE
LIQUOR STORE SALES ON JANUARY 1 AND JULY 4
City Administrator Tom Hedges introduced and summarized the
amendment.
Egan moved, McCrea seconded, the motion to approve the changes
to Chapter 5 of the City Code as presented. All voted in favor.
CRAY ADDITION/FIRST AMENDMENT TO DEVELOPMENT CONTRACT
City Administrator Tom Hedges presented the matter to the
Council.
McCrea moved, Gustafson seconded, the motion to approve the
First Amendment to the Development Contract between Cray Research,
Inc. and the City of Eagan for Cray Addition. All voted in favor.
Page 18/Eagan City Council Minutes
June 20, 1989
RTB APPOINTMENT
City Administrator Tom Hedges summarized the appointment.
Egan moved, Wachter seconded, the motion to nominate Liz Witt,
representing the Mendota Heights City Council, for the RTB
appointment. All voted in favor.
THE WATERS DEVELOPMENT/LONE OAK ADDITION/DECLARATION OF COVENANTS
Public Works Director Tom Colbert reviewed the matter with the
Council.
Wachter moved, Gustafson seconded, the motion to approve the
Declaration of Covenants for The Waters (Lone Oak Addition)
pertaining to landscaping, landscaped lighting and street lighting
and authorize the Mayor and City Clerk to execute all related
documents. All voted in favor.
SENECA WASTE WATER TREATMENT PLANT/GRADING/
EXCAVATION PERMIT NO. 18-189/EXTENDED BOORS OF OPERATION
Egan moved, Wachter seconded, the motion to approve the
extension of the variance for working hours for Grading Permit
EX18-189 (Seneca Waste Water Treatment Plant) through July 29, 1989.
All voted in favor.
FAIRWAY HILLS FRONTAGE ROAD/VACATE PORTION
OF PUBLIC RIGHT-OF-WAY
Gustafson moved, Wachter seconded, the motion to receive the
petition to vacate a portion of the Fairway Hills frontage road and
schedule a public hearing to be held on July 18, 1989. All voted in
favor.
DEER POPULATION CONTROL
City Administrator Tom Hedges distributed information regarding
deer hunting accidents.
APPLE VALLEY AMPHITHEATRE UPDATE
City Administrator Tom Hedges updated the Council regarding the
amphitheatre and Community Development Director Dale Runkle informed
the Council of the City of Eagan' s involvement.
CASH FOR TRASH
There was Council discussion regarding a cap of $500.00 to
$600.00. Councilmember McCrea preferred a cap of $500.00.
Page 19/Eagan City Council Minutes
June 20, 1989
Councilmember Egan was opposed to a cap. Councilmember Gustafson
suggested selecting more than one. Mayor Ellison was against the
limitation.
COMPOST
City Administrator Tom Hedges informed the Council there were
problems regarding odors and stated that options were being explored.
FIRE STATION NO. 5
City Administrator Tom Hedges informed the Council that the
doors would be painted.
THE WATERS
Community Development Director Dale Runkle stated that the
development was getting positive press.
TAX INCREMENT FINANCING
City Administrator Tom Hedges questioned the amount of the
contribution by the City. There was discussion regarding the amount
and it was the consensus of the Council that the City should stay
with the present policy.
FENCE ORDINANCE
Community Development Director Dale Runkle stated that staff was
enforcing the fence ordinance. The Council requested further review
of the fence ordinance.
PROJECT NO. 577/RUSTIN ROAD
Public Works Director Tom Colbert stated a request was received
to upgrade Rustin Road. He stated it was in order for the Council to
accept the petition and to order the preparation of a feasibility
report.
Egan moved, Wachter seconded, the motion to accept the petition
and to prepare a feasibility report for Project No. 577, Rustin Road.
All voted in favor.
PILOT KNOB CONSTRUCTION/WORK HOURS
Public Works Director Tom Colbert informed the Council that the
County requested authorization to begin work at 5:00 a.m. for a
period of one week.
Egan moved, McCrea seconded, the motion to deny the request by
the County to begin work at 5:00 a.m. for a period of one week for
Page 20/Eagan City Council Minutes
June 20, 1989
the Pilot Knob construction. Ellison, McCrea, Wachter and Egan voted
in favor; Gustafson voted against.
PROJECT NO. 578/SIBLEY TERMINAL INDUSTRIAL PARK/STORM SEWER
Public Works Director Tom Colbert informed the Council that a
petition had been received by R. C. Johnson Warehouses for a storm
sewer because of erosion problems. He stated it was in order to
accept the petition and prepare a feasibility report.
Wachter moved, McCrea seconded, the motion to authorize the
preparation of a feasibility report for storm sewer improvements
identified as Project No. 578 (Sibley Terminal Industrial Park -
Storm Sewer). All voted in favor.
CONTRACT 88-22/YORKTON AVENUE ADDITION/STORM SEWER
Public Works Director Tom Colbert stated a request for payment
number 5 to Contract 88-22 had been requested.
Egan moved, Gustafson seconded, the motion to approve payment
number 5 to Contract 88-22 (Yorkton 2nd Addition - Storm Sewer). All
voted in favor.
COUNCIL DISCUSSION
Councilmember Egan reminded the Council of the noise symposium
for June 28, 1989.
Councilmember Egan updated the Council regarding his trip to
Ireland. He stated that he would discuss the various areas of contact
with the City Administrator to formulate a response.
Councilmember McCrea had concerns regarding the billboards.
The Council was informed of an executive session to be held
directly after the regular meeting to discuss labor negotiations.
CHECKLIST
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated June 20, 1989, in the amount of $1,052,198.67. All
voted in favor.
Page 21/Eagan City Council Minutes
June 20, 1989
ADJOURNMENT
The meeting was adjourned to the executive session at 11:30 p.m.
CITY OF EAGAN
(o- f\ -AIL
VanOverbeke
Ci Clerk