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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. Page 6/Eagan City Council Minutes 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 Page 9/Eagan City Council Minutes 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