11/09/1989 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 9, 1989
A regular meeting of the Eagan City Council was held on
Thursday, November 9, 1989 at the Eagan Municipal Center. Present
were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and
McCrea. Also present were City Administrator Tom Hedges, Community
Development Director Dale Runkle, Public Works Director Tom Colbert
and Assistant City Attorney Joseph Earley.
AGENDA
City Administrator Tom Hedges informed the Council that the
following items should be continued: Consent Agenda items - C.
(Final Plat, Town Centre 100 Fifth Addition/Waterford Apartments),
E. (Final Plat - Stratford Oaks), F. (Final Plat - Whispering Woods
Fifth Addition), and G. (Amendment to Development Contract - Hills
of Stonebridge II); and Old Business item - B. (Final Ratification
- Park and Trail Dedication Policy). He also stated that an item
under Old Business - F. (Contract 89-24 - Receive Bids/Award
Contract - Stratford Oaks/Storm and Sanitary Sewer) should be
cancelled.
Wachter moved, McCrea seconded, the motion to approve the
agenda as amended. All voted in favor.
MINUTES
October 17, 1989.
McCrea moved, Wachter seconded, the motion to approve the
minutes for the October 17, 1989 regular Council meeting as
presented. All voted in favor.
October 10, 1989.
Gustafson moved, Wachter seconded, the motion to approve the
minutes for the October 10, 1989 special Council meeting as
presented. All voted in favor.
POLICE DEPARTMENT/SOUTH METRO TASK FORCE JOINT POWERS AGREEMENT
City Administrator Tom Hedges summarized the Joint Powers
Agreement. Police Chief Geagan informed.the Council that the Task
Force was successful and that it had far exceeded expectations. He
pointed out that it was a federal government grant.
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November 9, 1989
Councilmember Gustafson asked what share of the dollars went
to the Task Force. Police Chief Geagan stated one-third of the
dollars went to the Task Force. Councilmember Egan asked if the
drug problems were as serious as Police Chief Geagan thought.
Police Chief Geagan stated that the drug problem was alarming and
continuing. He reported that the DARE project was up and running
and that it was well received by the schools. Councilmember McCrea
commented that her daughter was impressed with the police officer
working with the DARE program.
Councilmember Wachter questioned if the City had adequate
office space for the Task Force and whether the City furnished the
secretary. Police Chief Geagan stated that office space was tight
but that there were advantages to having them in the building. He
explained that the secretary was employed by the City of Eagan with
all benefits but that the Task Force reimbursed the City for the
expense.
Councilmember Wachter questioned if the City of Eagan could
withdraw from the Task Force. Police Chief Geagan stated it was
possible and that the Cities of Savage and Prior Lake had done so.
Egan moved, Gustafson seconded, the motion to approve
authorization and execution of the 1990 Joint Powers Agreement for
the South Metro Task Force. All voted in favor.
PUBLIC WORKS DEPARTMENT/
GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION APPOINTMENTS
City Administrator Tom Hedges updated the Council on the
recent resignations from members of the organization and the need
for replacement of the members. Councilmember Egan requested that
the organization not remain top heavy and that a citizen replace
City staff as soon as possible.
Wachter moved, McCrea seconded, the motion to accept the
resignation of Tom Walkington from the Gun Club Lake Water
Management Organization and appoint LuAnn Alderks and John
Vandelinde as full Board members with Mike Foertsch, the designated
alternate. All voted in favor.
PUBLIC WORKS DEPARTMENT/COVINGTON LANE -
PETITION TO RESTRICT ON-STREET PARKING
City Administrator Tom Hedges introduced the matter. Public
Works Director Tom Colbert summarized the petition and recommended
the restriction from 9:00 a.m. to 9:00 p.m. from May 1 to September
15.
Mayor Ellison stated the parking lot was small and questioned
where citizens would park. Public Works Director Tom Colbert
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November 9, 1989
explained that the citizens would have to park further down the
street. Mayor Ellison felt that parking further down the street
would be inconvenient. Mr. Colbert pointed out that it was a
concern.
Councilmember McCrea had questions regarding the comment on
the petition statement of "Why is this petition-two years late in
coming?" Public Works Director Tom Colbert informed the Council
that the residents had been working with the Park Department and
the Athletic Association. Mr. Hedges reported that he had spoken
with Mr. Evans on several occasions and that past requests had
really been only during the last two summers, not all year long.
Councilmember Wachter felt the problem was the intersection
and that the restriction should be for the intersection only. He
stated that parking problems go with a park. Mayor Ellison
commented he felt there was a need for on-street parking or the
users of the park would have problems. Councilmember McCrea asked
if citizens generally parked in the parking lot first and then the
street. Mr. Hedges reported that generally the on-street parking
filled first and then the parking lot. He suggested the need for
signs to direct citizens to the parking lot.
Public Works Director Tom Colbert pointed out a correction to
the packet. He stated that the partial restriction for on-street
parking was for the north side of Covington Lane.
Councilmember Wachter suggested possibly having citizens put
signs on windshields informing the residents of the parking lot.
Wachter moved, Egan seconded, the motion to receive the
petition and deny the restrictions for on-street parking of
Covington Lane (Johnny Cake Ridge Road to Forssa Way) and to direct
staff to establish the best way to notify the residents of the
parking lot. All voted in favor.
FIRE DEPARTMENT/CHIEF SOUTHORN
Mayor Ellison congratulated Fire Chief Southorn for being
re-instated as Fire Chief in the recent election.
CONSENT AGENDA
A. Personnel Items.
1. Use of Sick Leave for Wellness Activities Policy.
Councilmember McCrea informed the Council that the Personnel
Committee had met with City staff and after the meeting the
Committee felt all of the Personnel policies were good. She
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November 9, 1989
requested staff keep an accounting of the monetary cost to handle
the policies.
It was recommended to approve the "Use of Sick Leave for
Wellness Activities Policy" as presented retroactively effective
for covered programs participated in since January 1, 1989.
2. Sick Leave Accrual Policy.
It was recommended to approve the "Sick Leave Accrual Policy"
as presented, to be actively enforced beginning January 1, 1991.
3. Aids and Aids-Related Conditions in the Work Place Policy.
Councilmember Gustafson suggested a change to Item 6 in the
Aids Policy. He requested rephrasing the paragraph to read that all
medical information obtained from employees would be held
confidential.
It was recommended to approve the "Aids and Aids-Related
Conditions in the Work Place Policy" for the City of Eagan,
effective immediately.
4. Drugs/Alcohol Free Work Place Policy.
It was recommended to approve the "Drugs/Alcohol Free Work
Place Policy" for the City of Eagan, effective immediately.
B. Declare Surplus Property, two 16-channel Micom
Multiplexors.
Councilmember Wachter questioned if the additional channels
would ever be needed by the City . City Administrator Tom Hedges
explained that City staff had reviewed the matter and felt that
there would be no need for the additional channels in the future.
It was recommended to authorize as surplus property two
16-channel Micom Multiplexors to be sold to the City of Lakeville
in return for two 8-channel Micom Multiplexors plus $2,000 in
payment to the City of Eagan.
C. Final Plat, Town Centre 100 Fifth Addition.
It was recommended to continue the final plat for Town Centre
100 Fifth Addition/Waterford Apartment project to the December 5,
1989 City Council meeting.
D. Final Plat/Eagan Evangelical Church.
It was recommended to approve the final plat for Eagan
Evangelical Church.
R-89.70
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November 9, 1989
E. Final Plat/Stratford Oaks.
It was recommended to continue the final plat for Stratford
Oaks to the November 21, 1989 City Council meeting.
F. Final Plat/Whispering Woods Fifth Addition.
It was recommended to continue the final plat for Whispering
Woods Fifth Addition to the November 21, 1989 City Council meeting.
G. Amendment to Development Contract for Hills of Stonebridge
II.
It was recommended to continue the development contract for
Hills of Stonebridge II to include a revised Exhibit B to the
November 21, 1989 City Council meeting.
H. Resolution, Authorizing City to Enter Agreement with State
of Minnesota for CELEBRATE MINNESOTA 1990 Program Grant.
It was recommended to approve a resolution authorizing
execution of a grant agreement between the City of Eagan and the
State of Minnesota for the project entitled "75th Birthday of Old
Town Hall", a restoration project to be completed prior to June 30,
1990. R-89.71
I. Authorization, Cooperative Agreement to Participate in the
CDBG Program.
It was recommended to authorize execution of the Cooperative
Agreement to Participate in the CDBG Program as presented.
J. Project 583, Receive Feasibility Report/Order Public
Hearing (Park Center Addition - Streets and Utilities).
It was recommended to receive the feasibility report for
Project 583 (Park Center Addition - Streets and Utilities) and
schedule a public hearing to be held on December 5, 1989.
K. Project 578, Receive Feasibility Report/Order Public
Hearing (Sibley Terminal Industrial Park - Storm Sewer).
It was recommended to receive the feasibility report for
Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and
schedule a public hearing to be held on December 5, 1989.
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November 9, 1989
L. Project 574, Receive Feasibility Report/Order Public
Hearing (Eagandale Center Industrial Park - Streetlights).
It was recommended to receive the feasibility report for
Project 574 (Eagandale Center Industrial Park - Streetlights) and
schedule a public hearing to be held on December 5, 1989.
M. Approve Resolution Requesting MnDOT Speed Limit
Determination (Lone Oak Drive).
It was recommended to approve a resolution requesting MnDOT to
perform a speed study on Lone Oak Drive from Lone Oak Parkway to
Lone Oak Road (County Road 26). R-89.72
N. Project 86-EE, Final Acceptance (Park Knoll - Streets and
Utilities).
It was recommended to accept the improvements installed under
Project 86-EE (Park Knoll - Streets and Utilities) for City
maintenance.
0. Project 88-D, Final Acceptance (Buffer Hills Addition -
Streets and Utilities).
It was recommended to accept the improvements installed under
Project 88-D (Buffer Hills Addition - Streets and Utilities) for
City maintenance.
P. Project 88-A, Final Acceptance (Pond View Addition -
Streets and Utilities).
It was recommended to accept the improvements installed under
Project 88-A (Pond View Addition - Streets and Utilities) for City
maintenance.
Q. Project 89-P, Final Acceptance (Rasmussen College -
Utilities).
It was recommended to accept the improvements installed under
Project 89-P (Rasmussen College - Utilities) for City maintenance.
R. Project 88-M, Final Acceptance (Potts Addition - Sanitary
Sewer).
It was recommended to accept the improvements installed under
Project 88-M (Potts Addition - Sanitary Sewer) for City maintenance.
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November 9, 1989
S. Contract 89-14, Approve Change Order No. 1 (Coachman Water
Treatment Plant - Dehumidification).
Councilmember Wachter had questions regarding the water hammer
and whether there was an air chamber. Consulting Engineer, Bob
Rosene, responded to Mr. Wachter's questions.
It was recommended to approve Change Order No. 1 to Contract
89-14 (Coachman Water Treatment Plant - Dehumidification) and
authorize the Mayor and City Clerk to execute all related documents.
T. Contract 88-24, Approve Change Order No. 3 (Lexington
Avenue Reservoir).
Councilmember Wachter asked if the need for the revision was
discovered after the project began. Public Works Director Tom
Colbert stated it was found necessary in order to integrate the
stations.
It was recommended to approve Change Order No. 3 to Contract
88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City
Clerk to execute all related documents.
U. Vacate Portion of Lexington Way Right-of-Way, Receive
Request/Order Public Hearing.
It was recommended to receive a request to vacate a portion of
Lexington Way right-of-way and schedule a public hearing to be held
on December 5, 1989.
V. Vacate Portion of Trunk Highway 13, Receive Request/Order
Public Hearing.
It was recommended to receive a request to vacate a portion of
old Trunk Highway 13 and schedule a public hearing to be held on
December 5, 1989.
W. Authorize Termination of Declaration of Roadway Easement
(Eagandale Center Industrial Park 7th Addition).
It was recommended to authorize the termination of a
declaration of roadway easement for the Eagandale Center Industrial
Park 7th Addition and authorize the Mayor and City Clerk to execute
all related documents.
X. Vacate Portion of Cedarvale Boulevard, Receive
Petition/Order Public Hearing (Cedarvale Shopping Center).
Councilmember Egan asked if the only hold up in the past had
been the execution of the Agreement. Public Works Director Tom
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November 9, 1989
Colbert responded that the continuance of the matter in the past
was to allow execution of the Agreement.
It was recommended to receive the petition to vacate a portion
of Cedarvale Boulevard (Cedarvale Shopping Center) and schedule a
public hearing to be held on December 5, 1989.
Y. Receive Quotes/Award Project, Pavement Management System.
It was recommended to receive the quotes and authorize the
purchase of the Pavement Management System from the apparent low
bidder, Braun Pavement Technology in the amount of $14,978.00.
Z. Public Works Department Property Acquisition for Water
Utility Purposes (Northeast corner of Pilot Knob and Cliff Roads).
It was recommended to authorize the acquisition of Parcel
010-57 in the southwest quarter of Section 27 from Dakota County
for approximately $7,000 and authorize the Mayor and City Clerk to
execute all related documents.
Wachter moved, Gustafson seconded, the motion to approve the
consent agenda items as amended, and authorize their
implementation. All voted in favor.
CABLE INSTALLATION FOR FIRE STATIONS NO. 4 AND NO. 5
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Wachter had questions regarding the cost of
the installation. He stated he thought the installation was to be
free. Fire Chief Southorn remarked it was also his recollection
that the installation was to be free. He explained that Stations 4
and 5 were constructed after the agreement and that installation
for those stations was not included. Councilmember Wachter felt the
matter should be renegotiated as the cost was excessive.
Mayor Ellison asked if there was further action the City could
take on the matter. Fire Chief Southorn felt there was nothing
further the City could do. City Administrator Tom Hedges stated he
felt it was a matter of principle and that North Central should be
contacted reiterating that the City understood the installation was
to be free. Councilmember Wachter recommended City staff negotiate
with North Central. Mr. Hedges informed the Council he would check
into the matter and return the matter to the Council on the consent
agenda.
Wachter moved, Gustafson seconded, the motion to direct staff
to contact Cable TV North Central to renegotiate the cost for the
cable service installation at Fire Station No. 4 and Fire Station
No. 5 and return the matter to the December 5, 1989, City Council
meeting. All voted in favor.
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November 9, 1989
VACATION OF PUBLIC RIGHT-OF-WAY/LEXINGTON WAY AT LEXINGTON AVENUE
City Administrator Tom Hedges introduced the matter to the
Council. Public Works Director Tom Colbert explained the necessity
for the requested vacation. There was no public present at the
meeting regarding this item.
McCrea moved, Egan seconded, the motion to close the public
hearing and approve the vacation of a portion of public
right-of-way through Lexington Way as described and authorize the
Mayor and City Clerk to execute all related documents.
PROJECT 586/SOUTH OAKS ADDITION/STREETLIGHTS
City Administrator Tom Hedges summarized the background
regarding the matter. Public Works Director Tom Colbert gave a
presentation and explanation of the project and feasibility report.
Councilmember McCrea questioned if the cost was high. Public
Works Director Tom Colbert reported that there was no average cost.
He pointed out that because of the configuration of the development
and the small number of lots, the cost may appear higher.
The petitioner requested approval of the project. Dave Wilmer
had concerns regarding the trenching. Public Works Director Tom
Colbert explained the necessary minimal trenching.
Mr. Wilmer questioned the need for additional lights at the
entrance to the development. Mr. Colbert explained it was City
policy with all new developments to install lights at the entrance
to developments to make the roadway more visible. He stated because
this was not a new development, if the residents desired removal of
the lights, the plans and specifications would be revised. He
discouraged the elimination of the lights at the entrance because
the lights would make it easier for cars traveling at night to see
the intersections. Mr. Wilmer asked if the City paid the
maintenance cost for the lights. Mr. Colbert stated that a $2.65
charge would be added to the residents' quarterly sewer and water
bills. Mayor Ellison pointed out that Dakota Electric maintains the
streetlights.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve Project 586 (South Oaks Addition -
Streetlights) and authorize installation by Dakota Electric
Association. All voted in favor.
STAFFORD PLACE ADDITION
City Administrator Tom Hedges presented the background
information and history of the problems. He explained the various
neighborhood meetings and the results of the meetings. He noted
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November 9, 1989
that field inspections had been conducted by City staff and
commented that the City had attempted to facilitate a resolution of
the problems.
Public Works Director Tom Colbert reported that the
neighborhood meetings were well attended by the residents,
developer, builder and City staff. He explained the main concerns
were erosion due to improper grading. He pointed out that the
drainage and grading plan had been revised which staff felt was
better than the original plan. Frontier Development has assured
staff that all problems with the grading, erosion and mechanic
liens would be taken care of and paid for. He explained the
neighbors were very definite about not allowing any work to proceed
until the following issues were agreed upon: (1) all property lot
corners be reestablished at no cost to the homeowner; (2) Frontier
Development provide a cash escrow; and (3) any destroyed or removed
trees be replaced. Mr. Colbert further explained the revisions and
corrections to the drainage and grading plan. He reiterated the
residents' main concerns were the work be done, done properly, at
no cost to residents, and the work be completed as soon as
possible. He informed the Council that Frontier Development was
working with Delta Development and was eager to begin work as soon
as possible but that a few technical problems with the contracts
were holding the work up.
Mayor Ellison asked Frontier Development if it was willing to
correct the residents' concerns. Mr. Colbert stated that Frontier
Development had assured him the problems would be corrected. For
the audience's information, City Administrator Tom Hedges read the
three issues as stated in the packet to the audience.
Scott Oaks (Frontier Development) reaffirmed Mr. Colbert's
summary of the negotiations. He had concerns regarding the timing
and the weather and stated Frontier was ready to start as soon as
possible. He pointed out Frontier would supply the necessary
financial assurances and updated the Council on Frontier's history.
He felt the agreement with Delta Development would be settled soon
as Frontier was actively working with Delta Development.
Community Development Director Dale Runkle reported the
findings of the plumbing, building and electrical inspections. He
felt only one main problem remained which was a sunken
footing/foundation. He pointed out the matter was being corrected.
Gordon Multz, 4013 Pennsylvania Avenue, stated he had lived in
his house since June of 1988. He had concerns regarding Frontier
Development because its past performance was poor and also because
of the mechanic liens. He stated he was generally satisfied with
the suggested corrections.
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November 9, 1989
Blaine Duxbury, 4128 New York Avenue, requested further study
of the storm sewer drainage problem regarding his lot.
Councilmember Egan requested a status report of the mechanic
liens. Mr. Runkle stated there were no new liens. Mr. Oaks
commented that the new corporation had concerns regarding its
reputation and pointed out that its attorneys were working to
remove any invalid liens. He stated there were questions on the
landscaping liens and that his attorneys were determining the
validity of such liens. He stated there were legitimate liens which
the attorneys were also evaluating as to the amounts and the
number. He remarked it had only been 45 days since the
corporation's reorganization but that the attorneys and Frontier
were concerned for the homeowners. He remarked that the homeowners
do have title insurance. He will keep the City staff updated.
June Rahman, 4120 New York Avenue, was unhappy with the
restructuring of her lot, in particular, the terracing. She
requested the escrowing of dollars and also a workable timeframe.
John Glenn commended Craig Knutson and other City staff for
their efforts. He stated he thought Frontier and Delta had reached
an agreement earlier and requested prompt action from the Council.
He stated a further commitment was necessary from the developer.
Mark Parranto (Delta Development) informed the Council that
Delta was the fee owner of the land which had been sold to Frontier
Development on a Contract for Deed. He explained the need to wait
thirty days in order to cancel the Contract with the former
Frontier company. He promised that if Delta received the land back,
it would correct the problems.
Councilmember Egan had questions regarding the agreement with
Frontier and Delta. Mr. Parranto responded that Delta Development
would sell to the new Frontier company if it would sign the
contracts. There was further discussion regarding the contract
between Frontier and Delta.
Councilmember McCrea asked Mr. Parranto if Delta had a Letter
of Credit with the City at the present time. Mr. Parranto stated
Delta did have a Letter of Credit and if Delta regains ownership of
the property, it would provide the same.
Assistant City Attorney Joe Earley advised the Council on the
City's position regarding the Letter of Credit.
Councilmember Egan recommended continuing the matter to the
November 14, 1989 special City Council meeting to see if the
agreement between Delta and Frontier had been executed.
Councilmember Wachter informed Mr. Parranto he felt it was Delta's
responsibility to the homeowners to do the work correctly. Mr.
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November 9, 1989
Parranto replied that Delta had done the original grading correctly
but that the builder had changed the grade during the building of
the homes. He stated that Delta had complied to all the required
conditions of the development contract.
Councilmember Wachter asked how long it would take to complete
the corrections. Mr. Oaks stated it would take approximately two
working weeks to complete the grading portion.
Mayor Ellison recommended continuing the matter to the
November 14, 1989 special Council meeting to allow staff and the
developer time to work out a time frame for the corrections. Mr.
Colbert pointed out that staff could work out a proposal for a time
schedule to complete the work but he could not state when the work
would start.
Councilmember McCrea felt that the default should continue and
that staff should also continue working on Blaine Duxbury's
concerns.
Councilmember Gustafson asked Frontier Development if it would
put up the dollars as requested. Mr. Oaks responded that Frontier
would provide the Letter of Credit when the agreement with Delta
was executed.
Dave Adkins, 4140 New York Avenue, questioned why current
action could not be taken and work out the agreement later since
both companies stated they would fix the problem. Mr. Oaks
commented that any contractor doing the work would probably be
hesitant to Mr. Adkins' suggestion.
Mayor Ellison pointed out that there was no need for citizens
to attend the special Council meeting as it would not be a public
hearing.
Egan moved, Wachter seconded, the motion to schedule a special
City Council meeting for November 14, 1989 at 5:00 p.m. All voted
in favor.
Egan moved, McCrea seconded, the motion that the project
should remain in default until the November 14, 1989 special
Council meeting to allow staff to implement a time schedule for
resolving the issues and financial guarantees. All voted in favor.
PARK AND TRAIL DEDICATION POLICY
City Administrator Tom Hedges explained that there was a
requested change from a proposed ordinance to a surcharge concept.
He recommended continuance of the matter to allow the Advisory
Parks and Recreation Committee's review of the matter.
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November 9, 1989
Wachter moved, Egan seconded, the motion to continue the Park
and Trail Dedication Policy to allow the Advisory Parks and
Recreation Commission to conduct a public hearing on the issue. All
voted in favor.
KENNEL LICENSES/HENNEKE KENNEL LICENSE APPLICATION
City Administrator Tom Hedges explained that after review by
staff and the City Attorneys of City Code, it was recommended that
the license not be issued at this time. He pointed out it was a
rezoning matter. Community Development Director Dale Runkle
explained the legal opinion regarding the interpretation of
kennels. Mr. Hedges stated there were inconsistencies in the City
Code regarding kennels in Commercial and Agricultural areas. He
stated a two-part action was necessary, one to address the Henneke
application and another to direct staff to review City Code and
report back to the Council.
Mary Wallace (Realtor) informed the Council she was present at
the meeting for questions. Councilmember Egan had concerns
regarding the many inconsistencies in the City Code.
Councilmember Gustafson asked Mary Wallace for a status report
on the sale of the house. Ms. Wallace stated the sale was
contingent upon City action. Mr. Gustafson stated he felt it was
unfair to the Hennekes as it was a City Code problem. Councilmember
Egan stated he also felt badly regarding the situation but that the
City could not discriminate.
Mayor Ellison explained the need to deny the Hennekes'
application.
Ms. Wallace asked for a timeframe. Mr. Hedges responded it
would take approximate 30 to 60 days.
Councilmember Wachter felt the matter was cut and dry. Mr.
Runkle reported that staff felt the limit of three dogs or cats
would not change with any Code revision. Councilmember McCrea
explained the possible and probable City action to Ms. Wallace. Ms.
Wallace requested the City review the policies of other cities.
Councilmember Gustafson suggested using the word "animals"
instead of "dogs or cats" in the rewording of an ordinance. There
was further discussion regarding the terminology.
Egan moved, McCrea seconded, the motion to deny the kennel
license application as submitted by Wayne and Karen Henneke for a
kennel in a residential district. All voted in favor.
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November 9, 1989
Egan moved, McCrea seconded, the motion to direct staff to
prepare an official amendment for Council consideration regarding
kennel licenses. All voted in favor.
RECONSIDERATION FOR TRAILER PERMIT/JAMES HORNE
City Administrator Tom Hedges updated the Council on the
background of the matter and the current request for
reconsideration. He stated there may be the necessity for two
motions; one to reconsider the previous Council action and another
to consider the new application. Assistant City Attorney Joe Earley
stated that it was a new application and it would not be necessary
to reconsider any past Council action.
James Horne explained the necessity of the trailer. He pointed
out he had looked for commercial building space but it was either
too costly or too small. He explained that the trailer had been
moved last spring and located behind some oak trees with a berm
being built. He also stated the trailer had been repainted and that
it did not stand out.
Mayor Ellison commented on the history of the request. He felt
the trailer was not beneficial to the area and suggested Mr. Horne
find a warehouse for the storage.
Councilmember McCrea asked Mr. Horne for a timeframe. Mr.
Horne responded that he wanted to build a building as soon as
possible.
Councilmember Egan remarked that the permit was non-renewable
and that the Council has kept renewing it in the past. He requested
Mr. Horne give the Council a name of a building in which he wished
to move into and the date of the move and that he would make a
motion tying the date and the building into a non-renewable permit.
He pointed out that the location of the building could be changed
at a later date with notification to City staff.
Mr. Horne explained he was still searching for adequate space.
Councilmember McCrea explained the need to keep small
businesses in Eagan and felt that the Community Center may have
delayed Mr. Horne's progress. She suggested giving Mr. Horne six
months to find a new location as the City had put a hardship on him
with the Community Center.
Mark Miller reiterated that the permit was non-renewable and
felt that a six month extension was too lenient. He explained the
trailer was visible. He had no desire to shut Mr. Horne's business
down. Councilmember McCrea felt the City owed long-time small
businesses its understanding. There was further discussion
regarding the renewal.
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November 9, 1989
Egan moved, Wachter seconded, the motion to approve a six
month extension to May 15, 1990 of the trailer permit to allow
James Horne time to indicate to the Council the location and date
of relocation. All voted in favor.
TRI-LAND PARTNERSHIP/TAX INCREMENT FINANCING
City Administrator Tom Hedges summarized the project and the
tax increment financing request. He suggested the Council direct
staff to review the tax increment financing application and to
refer the matter to the Economic Development Commission and the
Finance Committee for further review to present their findings.
Wachter moved, Gustafson seconded, the motion to acknowledge
acceptance of the application of tax increment financing for the
Eagan Center 5th Addition project and direct the City staff,
Economic Development Commission and Finance Committee to review the
application and present a findings for further review and
consideration by the City Council and to set a public hearing date
for the January 16, 1990 City Council meeting. All voted in favor.
STRATFORD OAKS/CONTRACT 89-24/RECEIVE BIDS/AWARD CONTRACT
City Administrator Tom Hedges recommended that the project be
cancelled and rebid in the spring of 1990.
Wachter moved, Gustafson seconded, the motion to receive the
bids and cancel Contract 89-24 (Stratford Oaks) to be rebid in the
spring of 1990. All voted in favor.
AUDIT FIRM SELECTION
City Administrator Tom Hedges reviewed the proposals for the
Council. He pointed out that all firms that responded stated that
the Finance Department for the City of Eagan had an excellent
reputation.
Gustafson moved, Wachter seconded, the motion to designate the
firm of Deloitte, Haskins, & Sells as the City's audit firm for the
purpose of conducting an audit of all financial transactions for
the years 1989, 1990 and 1991. All voted in favor.
AIRPORT RELATIONS COMMITTEE RECOMMENDATION/
BRASLAU-COLLETTE CORRIDOR STUDY
City Administrator Tom Hedges explained the corridor study and
requested Council direction. Assistant to the City Administrator
Jon Hohenstein presented the proposal.
Councilmember Egan asked if the City of Mendota Heights was
receiving bad advice. Mr. Hohenstein responded to his question. Mr.
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November 9, 1989
Egan asked if the study had been submitted to the FAA. Mr.
Hohenstein explained that the only action so far had been Mendota
Heights' approval and that the matter would go to the MASAC
sometime in January, 1990.
Councilmember McCrea was concerned whether the resolution
would have the weight to show that the study had no credibility.
She questioned if additional reports were needed. Mr. Hohenstein
explained that the committee had discussed the possibility of a
consultant but felt it was premature. There was Council discussion
regarding the Mendota Heights/Eagan agreement.
Cindy Ellis (ENAC - Eagan Noise Abatement Committee) explained
that ENAC was a noise abatement citizens' group. She explained the
purpose of the organization. She was supportive of staff's
conclusion that there was no need for a study at the present time.
She reported that ENAC wanted to set realistic goals and to work
with the City.
Councilmember Wachter remarked that the types of planes in ten
or fifteen years could be changed and that Eagan needed to think to
the future. Councilmember Gustafson explained that the committee
had reviewed future needs and that it was difficult to predict the
future.
Don Grant stated that Eagan could not afford to wait. He asked
Councilmember Wachter if the agreement with Mendota Heights was in
writing. He reviewed the effects of the corridor and requested
immediate Council action.
Councilmember Wachter was unsure where the document was and
suggested it may be with the Airport Committee. Mr. Grant suggested
that all participants at the meeting with Mendota Heights should
execute documents explaining the action at the meeting.
Councilmember Wachter recommended directing staff to prepare such
documentation.
McCrea moved, Gustafson seconded, the motion to adopt the
staff report in response to the Braslau-Collette Corridor Study and
to approve the resolution concerning the Braslau-Collette Corridor
Study as recommended by the Airport Relations Committee. All voted
in favor.
McCrea moved, Gustafson seconded, the motion to direct the
Airport Relations Committee to review and recommend enhancements to
the City's position concerning corridor procedures and to direct
staff to prepare four affidavits for Mr. Harrison, Mr. Grant, Mr.
Sperling and Councilmember Wachter regarding the meeting between
the Cities of Mendota Heights and the City of Eagan. All voted in
favor.
R-89.73
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November 9, 1989
HIGHVIEW PARK/EXTENSION OF PRELIMINARY PLAT
City Administrator Tom Hedges explained the need for the
extension. Community Development Director Dale Runkle explained the
extension should be for 90 days as City staff had several plats
before them at the present time.
Egan moved, Gustafson seconded, the motion to approve an
extension for 90 days to February 15, 1990 for the preliminary plat
entitled Highview Park Addition, subject to the following
conditions:
1. The standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al,
Bi, B2, Cl, C2, C4, Dl, El, Fl and Gi.
2. The building setback shall be on an imaginary line between
the existing homes on Lots 6 and 7.
3. No setback variances shall be allowed for newly created
homesites (Lots 1 and 2).
4. Lots 1 and 2 shall connect to City utilities.
5. The development shall provide a storm sewer outlet to the
existing low areas in the areas of Lots 1 and 2 or provide a
grading plan demonstrating adequate drainage for the area.
6. The developer shall provide a 20-foot trail easement
between proposed Lots 1 and 2.
All voted in favor.
SPECIAL HUNTING PERMIT/RICHARD MAURER
City Administrator Tom Hedges informed the Council no action
was required on this matter. Assistant City Attorney Joe Earley
explained that bow and arrow hunting was not included in the
Dangerous Weapons Ordinance. No action was necessary
EAGAN CENTER ASSOCIATES/DAYCARE FACILITY/CONDITIONAL USE PERMIT
City Administrator Tom Hedges introduced the application.
Community Development Director Dale Runkle explained the
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November 9, 1989
application and the daycare facility to the Council. He stated that
the Advisory Planning Commission had concerns regarding the parking
lot adjacent to the play area.
The applicant (Eagan Center Associates) clarified the play
area question. He stated that the square footage had been increased
and explained possible revisions to insure the safety of children.
He reported that the play area was controlled as the fence was
connected to the building. He explained that the Advisory Planning
Commission had requested limited visibility fencing and that the
applicant would comply with the request.
Councilmember McCrea asked for the term of the lease. The
applicant responded five years.
Mayor Ellison asked if there was enough parking. The applicant
responded there would be sufficient parking.
Councilmember McCrea asked for the total number of vacant bays
remaining in the Center. The applicant responded there would be
only three remaining vacant bays if the daycare facility was
approved. He pointed out that the daycare facility was fulltime.
Councilmember McCrea had questions regarding the Sports Bar.
The applicant explained that the Sports Bar would not be
constructed and that it may be a Dairy Queen. Councilmember McCrea
had questions regarding liquor being sold near a child care center.
Mr. Hedges stated he would review the matter.
Councilmember Egan felt the daycare facility was a reasonably
good use for the area as there was a need for a daycare.
Egan moved, Wachter seconded, the motion to approve a
conditional use permit to allow a daycare facility in a CSC zoning
district for Eagan Center Associates at Lot 1, Block 1, Thomas Lake
Center, subject to the following conditions:
1. The fencing surrounding the play area shall be limited
visibility fencing.
2. The permit shall be subject to all applicable Code
requirements.
All voted in favor.
WHISPERING WOODS FIFTH ADDITION/REZONING
City Administrator Tom Hedges updated the Council regarding
the rezoning and stated that the Advisory Planning Commission
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November 9, 1989
recommended approval. Community Development Director Dale Runkle
pointed out that the application was only for rezoning. He-
summarized the application and stated that all engineering
requirements had been met.
Wachter moved, Gustafson seconded, the motion to approve a
rezoning of approximately 9.5 Agricultural acres to a Single Family
district located west of Slater Road and south of Cliff Road in the
southwest quarter of Section 31, as requested by Burnsville Lumber
Company, Inc. for the Whispering Woods Fifth Addition. All voted in
favor.
CANVAS OF MUNICIPAL ELECTION RESULTS
City Administrator Tom Hedges explained that Minnesota state
law requires a municipality canvas the ballots of a previous
election within three days to make the results official.
McCrea moved, Gustafson seconded, the motion to review the
results of the 1989 municipal election and declare the results of
the election as official. All voted in favor.
AIRPORT RELATIONS COMMITTEE/RESIGNATION/LYNN FIEMAN
City Administrator Tom Hedges explained the necessity for
Council action.
Gustafson moved, McCrea seconded, the motion to accept the
resignation of Lynn Fieman from the Airport Relations Committee.
All voted in favor.
FOX RIDGE STORM SEWER/PROJECT 542/CONTRACT 88-34/
CHANGE ORDER NO. 2
Public Works Director Tom Colbert reviewed the need for the
Change Order.
Wachter moved, Gustafson seconded, the motion to approve
Change Order No. 2 to Contract 88-34 (Fox Ridge Storm Sewer -
Project 542) and authorize the Mayor and City Clerk to execute all
related documents. All voted in favor.
PROJECT 543R/SIBLEY HILLS DRIVE/VIMR
City Administrator Tom Hedges summarized the appraisal
regarding the Vimr property and past Council action regarding
deferral of the assessments. He explained that the agreement had
been sent to Mr. Vimr with a five-year time frame. He stated the
timeframe was not represented to Mr. Vimr at the last Council
meeting and that Mr. Vimr felt there was no time frame. Both Mr.
Hedges and Mr. Colbert pointed out that there were additional lots
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November 9, 1989
in the area with similar possible requests for deferment. He
requested Council direction and asked if it wished to set a time
limit.
Don Vimr was present at the meeting. Councilmember Wachter
asked Mr. Vimr to explain his request. Mr. Vimr stated he would be
agreeable to five years at the current rate and after five years,
if the land developed, it would then be assessed at the prevailing
rate.
There was Council discussion regarding the appraisal and the
assessment amounts.
City Administrator Tom Hedges explained that the controversy
was that Mr. Vimr requested deferral of $12,000. Mr. Hedges pointed
out a precedent could be set.
Mayor Ellison commented that the Council had already deferred
$12,000 for a few years.
Mr. Hedges reported to the Council that after staff's review
with legal counsel, staff was requesting Council direction
regarding a policy for the future.
Councilmember Egan stated that he had made the original motion
and it was his intent that the deferment would be until there was
development.
Mr. Hedges reiterated his request for Council direction
regarding need to set a time limit for all future deferments.
Councilmember Wachter suggested deferring in Mr. Vimr's case
for five years with review at the end of the five year time period.
There was further Council discussion regarding City policy and time
limits.
Councilmember McCrea asked Mr. Colbert if he had problems with
the deferment or with a five year timeframe. Mr. Colbert stated he
would have no problem with the deferment or the time limit.
Ellison moved, Wachter seconded, the motion to set a five year
limit on the deferred $12,000 special assessment regarding Project
543R and Don Vimr, with the Council to review the matter at the end
of the five year period. All voted in favor.
LEXINGTON POINTE 4TH AND 5TH ADDITIONS/PARK ACQUISITION
Director of Parks and Recreation Ken Vraa presented
photographs and a diagram. He explained that if certain lots were
developed, there would be loss of trees adjacent to the Trapp Farm
Park. He explained that the Advisory Parks and Recreation Committee
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November 9, 1989
had reviewed the matter and recommended the City purchase certain
lots in the Lexington Pointe 4th and 5th Additions.
Mayor Ellison felt that $100,000 per acre for park property
was too much. Councilmember McCrea had questions regarding the park
site fund. Mr. Vraa explained the use of the park site fund and
stated he felt this was an important issue for the future.
Councilmember McCrea asked Brad Swenson (developer) if he
would negotiate on the price of the lots. Mr. Swenson pointed out
that the prices had been set. Councilmember Egan felt it was a lot
of money and requested further information.
City Administrator Tom Hedges suggested a field trip for the
Council as he experienced a different perspective after walking the
area.
Mayor Ellison suggested continuing the matter for two weeks
for further review. Councilmember McCrea remarked she felt it was
unfair to hold up the developer as the lots were pre-sold. Mr.
Swenson stated he would review the matter.
Gustafson moved, Wachter seconded, the motion to continue to
the November 21, 1989 City Council meeting the acquisition of
certain lots in Lexington Pointe 4th and 5th Additions to allow
Council visual inspection of the site. All voted in favor.
COUNCIL DISCUSSION
SNOW EMERGENCY PARKING BAN
Public Works Director Tom Colbert summarized the City's snow
emergency parking ban.
ST. FRANCIS WOODS 4TH ADDITION
Public Works Director Tom Colbert informed the Council that
staff was experiencing problems with the developer for St. Francis
Woods 4th Addition. He stated that construction was not completed
and that there was a serious erosion problem. He pointed out that
the developer was not complying to staff's request. He reported
that it is a two year problem and requested Council direction.
Councilmember McCrea suggested calling on the Letter of
Credit. Councilmember Egan asked for the degree of the default. Mr.
Colbert summarized the problems and stated there were many
complaints. Councilmember McCrea felt that the Council should set a
policy for staff to follow in future situations. Mayor Ellison
directed staff to go forward in correcting the problems.
Page 22/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Egan moved, Wachter seconded, the motion to direct staff to
implement a notice of procedure to cure defaults and to place the
St. Francis Woods 4th Addition in default. All voted in favor.
STREET OPENING UPDATE
Public Works Director Tom Colbert informed the Council that
Diffley Road was opened and that Lexington Avenue and Johnny Cake
Road would be open within the next week.
EMERGENCY PREPAREDNESS BOOK
City Administrator Tom Hedges informed the Council that a
revised copy of the Emergency Preparedness Book would be
distributed to the Council.
MINNESOTA VALLEY HUMANE SOCIETY
City Administrator Tom Hedges requested direction from the
Council regarding a request from the Minnesota Valley Humane
Society. Mr. Hedges was directed to send a letter to the Minnesota
Valley Humane Society indicating that there currently are dollars
in the contingency fund of the 1990 budget, however, that the
document had not been adopted and further, any amount considered
within the contingency requires further consideration by the City
Council during the calendar year.
VOLUNTEER ACCESS MEETING/CABLE
City Administrator Tom Hedges informed the Council that the
Volunteer Access Meeting regarding Cable would be held on November
14, 1989. He stated there was a need for a Council person to attend
the meeting. Councilmember Gustafson will attend the meeting.
CRAY RESEARCH
City Administrator Tom Hedges and Public Works Director Tom
Colbert updated the Council regarding the berm over the utility
easement problem. They requested Council direction. It was
explained that Cray Research wanted an agreement that if there was
a problem, that Cray would assume the financial obligations. There
was concern that an agreement would set a precedent regarding
maintenance. Mr. Colbert pointed out that staff felt the berm
should be lowered to protect the improvement but that Cray did not
want the berm lowered. He stated that the berm was not in the
approved grading plan.
Councilmember Wachter expressed his opinion that the City
could not allow the extra weight on the lines. He was opposed to
the berm and suggested checking with the City's consulting
engineer. Councilmember Egan felt that Cray Research should be held
Page 23/EAGAN CITY COUNCIL MINUTES
November 9, 1989
responsible for the cost of any damage. Mr. Colbert reiterated that
staff felt the berm should be lowered.
LOT STAKES
Councilmember Wachter pointed out that lot stakes had been
removed. Public Works Director Tom Colbert stated that if it were a
City contractor removing the stakes, they would be replaced.
CHECKLISTS
Councilmember Wachter had questions regarding certain items on
the checklists. City Administrator Tom Hedges stated he would
review the matter.
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated October 31, 1989 in the amount of $2,022,294.43,
the checklist dated November 7, 1989 in the amount of $960,758.20
and the checklist dated November 9, 1989 in the amount of
$198,149.14.
ADJOURNMENT
Egan moved, Wachter seconded, the motion to adjourn the
November 9, 1989 City Council meeting at 10:48 p.m. All voted in
favor.
CITY OF EAGAN
,A SOL_
E. VanOver eke, City Clerk