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04/04/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 4, 1989 A regular meeting of the Eagan City Council was held on Tuesday, April 4, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, and Gustafson. Councilmember McCrea was absent from the meeting. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, and City Attorney James Sheldon. AGENDA Wachter moved, Gustafson seconded, the motion to approve the agenda as presented. All members present voted in favor. MINUTES March 21, 1989. Mayor Ellison requested an addition to page 3, paragraph 2, the first sentence should read: "Councilmember Egan asked when the eight year TU period began. " Councilmember Gustafson requested the deletion of condition number 2 for the Cliff Ridge Addition on page 14. Gustafson moved, Wachter seconded, the motion to approve the minutes for the March 21, 1989, regular Council meeting as amended. All members present voted in favor. "CASH FOR TRASH' RECYCLING WINNER City Administrator Tom Hedges informed the Council that the first winners of the Cash for Trash award was given to the Kenneth Iverson family. Jon Hohenstein presented the prize to the Kenneth Iverson family. Mayor Ellison requested an explanation of the process in selecting the winners. Mr. Hohenstein explained the random selection. The Mayor and the Council members posed for a picture with the Iverson family and the Mayor presented the $300.00 check to the Iversons. Mayor Ellison stated that ion Hohenstein had done an excellent job on the project. Page 2/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 SENECA WASTE WATER TREATMENT PLANT/GRADING PERMIT City Administrator Tom Hedges informed the Council the contractor was requesting that the hours of operation allowed by the ordinance be extended to allow the work to be performed between 6:00 a.m. and 10:00 p.m. A representative from Enebak Construction Company was present at the meeting. Councilmember Wachter requested that the contractor refrain from going through the residential areas after hours. Councilmember Egan questioned if the staff requested any further conditions. Public Works Director Tom Colbert responded that no further conditions were requested with this application, but that the matter could be evaluated if there were a problem. Egan moved, Gustafson seconded, the motion to approve a variance to the hours of operations for excavation/grading permit number 18-189 (Seneca WWTP) to allow the work to be performed between 6:00 a.m. and 10:00 p.m., subject to the condition that the contractor refrain from going through the residential areas after hours. All members present voted in favor. POLICE DEPARTMENT/AUTOMOBILE CONFISCATION City Administrator Tom Hedges distributed a memo regarding the automobile confiscation by the Police. He suggested selling the automobile and using the money for drug enforcement. Councilmember Wachter suggested the City take possession and perhaps the confiscated vehicle could be used to replace the City's older automobile. Councilmember Egan questioned if the secured party would forfeit its rights. The matter will be investigated. Wachter moved, Egan seconded, the motion to authorize the purchase of a 1989 Ford Bronco that is subject to forfeiture under M.S.S. regarding the sale of narcotics. All members present voted in favor. MTC SERVICE City Administrator Tom Hedges reported to the Council the necessity to schedule a work session for April 17, 1989, at 7:00 p.m. to discuss the MTC service area. Egan moved, Wachter seconded, the motion to approve the scheduling of a work session for April 17, 1989, at 7:00 p.m. to discuss the MTC service area. All members present voted in favor. Page 3/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CONSENT AGENDA Councilmember Egan informed the Council that he had initially voted against Item K. (Final Plat, Galaxie Cliff Plaza) and that he would again vote against the matter. Councilmember Wachter also stated he would vote negatively in regards to the Galaxie Cliff Plaza matter. Mayor Ellison requested that Item K. (Final Plat, Galaxie Cliff Plaza) be pulled from the consent agenda to allow the matter to be discussed later in the meeting. A. Personnel Items. 1. Park Maintenance Worker. It was recommended to approve the hiring of Paul Graham as a parks maintenance worker, subject to successful completion of the City's physical examination requirement. 2. Seasonal Park Maintenance Workers. It was recommended to approve the hiring of the eleven named persons as presented as seasonal workers for the Park and Recreation Department. 3. Zoning Administrator/Planner. It was recommended to approve the hiring of Mike Ridley as a zoning administrator/planner, subject to successful completion of the City's physical examination requirements. B. Gambling License for Knights of Columbus for Pull Tabs at Richards Food and Liquor. City Administrator Tom Hedges read a letter received from the Knights of Columbus requesting a 60-day waiver. He stated that the City Clerk did not have a problem with the request. It was recommended to approve the gambling license renewal application for Knights of Columbus No. 7604 Eagan, for pull tabs at Richards Food and Liquor. C. Service Station Permit and Cigarette License for Yokum Oil Company, Inc. as a Texaco Super Store. It was recommended to approve a service station permit and a cigarette license permit for Yokum Oil Company, Inc., for the Texaco Super Store. D. Contract 89-06. Approve Plans/Authorize Ad for Bids (Cliff Road Booster Pump). It was recommended to approve the plans for Contract 89-06 (Cliff Road Booster Pump) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 12, 1989. Page 4/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 E. Contract 88-26. Approve Plans/Authorize Ad for Bids (Daniel Drive - Streets and Utilities). It was recommended to approve plans for Contract 88-26 (Daniel Drive - Streets and Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, April 28, 1989. F. Contract 89-07. Approve Plans/Authorize Ad for Bids (Well No. 1.41. It was recommended to approve the plans for Contract 89-07 (Well No. 14) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Wednesday, April 26, 1989. G. Contract 89-10. Approve Plans/Authorize Ad for Bids (Well No. It was recommended to approve the plans for Contract 89-10 (Well No. 15) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Thursday, April 27, 1989. H. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Lots 3. 4 and 5. Block 1. Berry Ridge Addition). It was recommended to receive the petition to vacate the drainage and utility easement (Lots 3, 4 and 5, Block 1, Berry Ridge Addition) and schedule a public hearing to be held on May 2, 1989. I. project 544. Receive Final Assessment Roll/Order Public Bearing (Street Lights - Drake Drive and Mallard Park 3rd Addition). It was recommended to receive the final assessment roll for Project 544 (Drake Drive and Mallard Park 3rd Addition - Street Lights) and schedule a public hearing to be held on May 16, 1989. J. Final Plat approval/Laurent 1st Addition. It was recommended to approve the final plat for Laurent 1st Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.12 K. Final Plat Approval/Galaxie Cliff Plaza. This matter was pulled from the consent agenda to be discussed later in the meeting. R-89.13 L. Authorize Payoff of IDB for Borchert Ingersoll. It was recommended to approve the authorization for the sale in regard to the Borchert Ingersoll property and payment in full of industrial development revenue bonds at the time of closing Page 5/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 subject to the City Attorney and Director of Finance/City Clerk reviewing all the documents and concurring that they are in order for execution. M. Contract 89-12. Approve Plans/Authorize Advertisement for Bids (Tennis Court Construction. Resurfacing and Fencing). It was recommended to approve the final plans for Contract 89-12, Tennis Court Construction, Resurfacing and Fencing, and authorize an advertisement for bids to be opened on April 27, 1989. N. Contract 89-09, Approve Plans/Authorize Ad for Bids (Johnny Cake Ridge Road - Street and Trailway). City Administrator Tom Hedges informed the Council of a correction in the packet to paragraph 2 regarding this matter. He stated the reduction to the trail should be to a minimum of 12 feet In the existing residential areas. It was recommended to approve the final plans for Contract 89-09, Johnny Cake Ridge Road - Street and Trailway Improvements, and authorize an advertisement for bids to be opened at 10:30 a. m. on May 11, 1989. Gustafson moved, Egan seconded, the motion to approve the foregoing consent agenda items, except Item K. - Final Plat/Galaxie Cliff Plaza, and authorize their implementation. All members present voted in favor. PARKVIEW REMODELING REQUEST City Administrator Tom Hedges informed the Council that the City did not have an ordinance that required Parkview to meet the present standards. Be asked for direction from the Council and stated perhaps there was a need for an ordinance amendment. Councilmember Wachter commented that safety and handicapped requirements should be adhered to by Parkview. Doug Reid explained the nature of the improvements. Mr. Wachter stated there should be sewer and water hookup. Mayor Ellison remarked that if major improvements were necessary, the improvements should meet Code. Public Works Director Tom Colbert stated the upgrading was necessary but questioned the leverage available to the City by issuing a building permit. VACATE PUBLIC RIGHT-OF-WAY/EGAN AVENUE The matter was introduced to the Council. The applicant was present at the meeting. Page 6/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 John Eckblad, 2860 Pilot Knob, requested the installation of a lot marker. He further stated he did not want the installation of a road closed sign. Public Works Director Tom Colbert stated there was a need for a temporary barricade. He felt the matter could be worked out with the residents. He further stated that lot markers would be installed. Councilmember Egan requested the verification of the legal descriptions. Wachter moved, Egan seconded, the motion to close the public hearing and approve the vacation of public right-of-way for Egan Avenue (north of Vilas Lane to Pilot Knob Road) and authorize the Mayor and City Clerk to execute all related documents. All members present voted in favor. FINAL ASSESSMENT HEARING/BRAUN COURT City Administrator Tom Hedges updated the Council on the background of the matter. Public Works Director Tom Colbert introduced and outlined the project. He stated the cost exceeded the feasibility report estimation of costs. He explained the reasons for the cost overrun and stated he had met with the property owners and received written objections from all property owners. Henry Braun, 1380 Braun Court, asked where the overruns came from. He felt the cost should not be shifted to the property owners and stated he felt the job was not done correctly. He requested an accounting of the costs and referenced his objection letter. Leonard Walz informed the Council the road was not completed and stated it was heaving and cracking. He felt the engineers did not follow the blueprint and charged fraud. He felt the yardage was overstated for the concrete used. Public Works Director Tom Colbert stated that the 49 yards referred to were square yards and not cubic yards. Wayne Cordes, 3730 Pilot Knob, remarked that the property owners had told the City previously that the project was cost sensitive. He stated the overrun was not in the agreement and that his assessment was 45% higher than he had anticipated. Mary Braun objected to the costs. Mayor Ellison asked if the work had been done in a professional workmanlike manner. Mr. Colbert responded that he was unaware of any Page 7/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 problems and commented that there was a two-year warranty. He further stated that staff would reinspect the project. Harold Braun stated he felt the costs were too high for the material used. Mr. Colbert stated staff would check into the matter. Leonard Walz informed the Council that the road had sunk by the sewer. Councilmember Egan explained that paragraph 7 of the Agreement between the City and the property owners covered the cost overruns. He felt the project was too small and that it should not have been separated from another project. Mr. Colbert stated that paragraph 7 referred to "solicited bids" and not cost overruns. He stated that the rebidding of the project three times added to the increased overhead. Councilmember Egan questioned if the City could support the 10% requirement. Mr. Colbert stated yes and that the estimated costs were accurate. He stated the Council would not have approved the project if they knew the City might have to pay. Councilmember Egan remarked that he felt the contract was open to interpretation. Mayor Ellison stated that the real question was whether or not there was benefit to the homeowners. Councilmember Wachter questioned when the last inspection was conducted. Mark Hanson replied the last inspection was held last fall. Mr. Wachter requested the project be reinspected. Mr. Egan agreed to the reinspection. He commented he did not feel comfortable voting on the matter at the present time. Wachter moved, Egan seconded, the motion to close the public hearing and continue to the April 18, 1989, City Council meeting the final assessment roll for Project 487R (Braun Court - Streets and Utilities). All members present voted in favor. FINAL ASSESSMENT HEARING/EAGAN HIGH SCHOOL City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert informed the Council he had met with school representatives and they had no objections. Gustafson moved, Egan seconded, the motion to close the public hearing and approve the final assessment roll for Project 518 (Eagan High School - Utilities) and authorize the certification to Dakota County. All members present voted in favor. Page 8/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 VACATION/AUGE ROAD City Administrator Tom Hedges requested the matter be continued to the first Council meeting at which the final plat of Prettyman Heights was scheduled for approval. John Klein objected to the Prettyman Heights' assessments. He stated there was no benefit to Zehnder Acres and that he would take the matter to court. City Attorney Jim Sheldon stated that the matter should be discussed at the assessment hearing. Mayor Ellison requested staff to review the assessment issue prior to the item returning to the City Council. Howard Carlson, Auge Road resident, asked what the vacated road would be used for. He objected to the vacation. Public Works Director ,Tom Colbert responded that the road would continue through. John Klein stated that prior to the final plat, people in the area should have time to determine the assessments. City Administrator Tom Hedges reported that the City was overhauling its special assessment policy and that staff and the City consultants would be meeting continually in the future to discuss the matter. Egan moved, Wachter seconded, the motion to continue the vacation of a portion of public right-of-way for Auge Road to the first Council meeting at which the final plat of Prettyman Heights was scheduled for approval. All members present voted in favor. MASSAGE THERAPY ORDINANCE City Administrator Tom Hedges updated the Council on the background of the matter. He suggested the deletion in the proposed ordinance in regard to escrowing the $400.00 investigation fee. There was discussion regarding all of the required fees. Mayor Ellison asked if the fees covered the costs. Mr. Hedges responded that the fees did cover the costs. Jim Traver had concerns regarding the required fees. Police Chief Geagan informed the Council that the proposed educational requirement for 100 hours was extremely important for the industry. Assistant City Attorney Joe Earley updated the Council regarding the matter and stated that the proposed changes had been made in conjunction with the applicants. Be stated he had reviewed ordinances from other municipalities and that the proposed ordinance resembled the St. Louis Park ordinance. He further stated that St. Louis Park required 146 hours as the educational requirement. Page 9/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 He further added that there were three massage schools in the Twin City area of which one was certified and the other two were approved by a reputable massage institute. Cathryn Schuter stated that the 180 members of the Minnesota Therapeutic Massage Network had years of experience. She stated that most members would not need background checks. Mayor Ellison stated that the Police Department should be informed. Councilmember Gustafson stated he saw no connection between therapists and prostitutes but that others would try to "beat the system". He recommended the $200, $150, and $100 fees as requested by Jim Traver. He stated that if it became necessary, the City could increase the fees. Councilmember Wachter recommended leaving the fees as proposed as it is harder to raise the fees later on. Gustafson disagreed. Councilmember Egan remarked that he felt the original ordinance was awkward and that the proposed ordinance was vastly superior to the original ordinance. He was in favor of the fees as submitted by staff with the change from the $400.00 escrow fee to $300.00. Mayor Ellison stated that it was reasonable for the City to review and revise the ordinance. He felt that a one-person operation should be subject to a single investigation. The Councilmembers agreed. Egan moved, Wachter seconded, the motion to approve an amendment to Chapter 6.40, Subd. 4(d) changing the regulatory language for the operation of a massage therapy establishment, subject to modifications of the fee structures. All members present voted in favor. FINAL PLAT/GALAXIE CLIFF PLAZA Gustafson moved, Wachter seconded, the motion to approve the final plat for Galaxie Cliff Plaza and authorize the Mayor and City Clerk to execute all related documents. Ellison, Gustafson, and Wachter voted in favor; Egan voted against. R-89.13 BLUEBELL ICE CREAM COMPANY AND PENGUIN ICE CREAM/REQUEST TO OPERATE ICE CREAM TRUCKS Mayor Ellison stated he felt the proposed condition number 6 regarding local employment should be deleted. Councilmember Egan agreed. City Administrator Tom Hedges stated that it would be difficult to police. Gustafson moved, Egan seconded, the motion to approve the request of Bluebell Ice Cream Company to operate ice cream trucks on Page 10/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 public streets within the City of Eagan, subject to the following conditions: 1. Applicant to provide a Certificate of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is granted from April 1, 1989, to October 1, 1989. 4. The trucks will not generate a noise level greater than 65 decibels. 5. Caution swing arms are required on each vehicle. All members present voted in favor. Gustafson moved, Wachter seconded, the motion to approve the request of Penguin Ice Cream to operate ice cream trucks on public streets within the City of Eagan, subject to the following conditions: 1. Applicant to provide a Certificate of Insurance which covers the required liability. 2. The hours of operation will be from 12:00 noon to 15 minutes prior to sunset. 3. The approval is granted from April 1, 1989, to October 1, 1989. 4. The trucks will not generate a noise level greater than 65 decibels. 5. Caution swing arms are required on each vehicle. All members present voted in favor. VARIANCE/LEO AMUNDSON Community Development Director Dale Runkle summarized the application for the Council. Leo Amundson (applicant) explained his request. Mayor Ellison stated that the hardship was the existing home layout. Wachter moved, Egan seconded, the motion to approve the 4 foot variance to the required ten foot sideyard setback for Leo Amundson, Page it/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Lot 4, Block 4, Valley View Plateau. All members present voted in favor. VARIANCE/BEST BRANDS, INC. Community Development Director Dale Runkle summarized the application. The architect for the applicant was present. Councilmember Gustafson questioned the hardship. The architect stated it was needed for expansion. Councilmember Wachter asked if the parking was adequate. Mr. Runkle stated that additional parking would be added to comply with Code. There was further discussion regarding the building construction. Egan moved, Wachter seconded, the motion to approve the variance request of Best Brands, Inc. for a variance of 1.61% to the maximum '35% building coverage in a Limited Industrial development, subject to the following conditions: 1. A landscape plan shall be submitted and approved. 2. Consolidation of Lots 9 and 10, Block 2, Sibley Terminal Industrial Park, shall be recorded with Dakota County within thirty days of Council approval. 3. Parking on Yankee Doodle Road shall be discontinued and the proposed parking lot area shall be in conformance with City Code requirements. 4. A grading, drainage and erosion control plan shall be submitted and approved by City staff and the Dakota County Soil and Water Conservation District with the building permit application. All members present voted in favor. CONDITIONAL USE PERMIT/NON-INTOXICATING MALT LIQUOR LICENSE/CROWN COCO (E-Z STOP STORE) City Administrator Tom Hedges provided a summary of the application. Mayor Ellison asked if the conditional use for the sign was without a variance. Mr. Hedges stated yes. Dave Miller (Applicant) described the nature of the new store design. Mayor Ellison questioned if it was common to sell 3.2 in convenience stores. Mr. Hedges stated yes. Egan moved, Wachter seconded, the motion to approve a conditional use permit to allow retail sales of 3.2 beer in a General Page 12/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 Business district located at 4195 Nicols Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., subject to all applicable Code ordinances and a successful police investigation. All members present voted in favor. Egan moved, Wachter seconded, the motion to approve a non-intoxicating malt liquor license for Eagan's E-Z Stop located at 4195 Nicols Road. All members present voted in favor. Wachter moved, Gustafson seconded, the motion to approve a conditional use permit to allow a pylon sign located at 4195 Nicols Road in the southwest quarter of Section 19, as requested by Crown Coco, Inc., for the E-Z Stop Store, subject to the following conditions: 1. All applicable Code ordinances shall be adhered to. 2. A maximum height of 27 feet and 125 square feet of signage area per side shall be allowed. 3. The signage shall be limited to 20% of the canopy facade. All members present voted in favor. WAIVER OF PLAT/OPUS CORPORATION/EAGANDALE INDUSTRIAL PARK 3RD ADDITION City Administrator Tom Hedges introduced the matter to the Council. Be stated the issues of platting versus a waiver was tricky. Community Development Director Dale Runkle commented on the County concerns. Public Works Director Tom Colbert was concerned regarding the minimum offset distance. He stated there was conflicting left turn lanes and that the platting process would give the County input into the planning. He stated he had examined several possible approaches and that each had its own unique problems. He felt the matter needed further research and commented that the transportation issues would be better addressed in a platting process. Councilmember Egan questioned how much time was needed. Mr. Colbert stated he was unsure of the exact time frame but felt it could be put forth rather quickly. Bob Worthington (Opus) described the design of the project and the extension of the Lone Oak business center. He stated the County plans for Lone Oak Road were not forthcoming and Opus wanted to take advantage of the market place at the present time. He commented that the County could not stop Opus, but that opus was being cooperative. He remarked that opus had entered into stipulations similar to plat requirements. He described the use of the property as responsible and Page 13/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 appropriate and commented that Opus was willing to work with the County for future expansion. He informed the Council that Opus wanted to break ground in May. He further stated that the official street map showed no realignment. He objected to proposed condition number 9 but informed the Council that Opus would comply. He stated he felt it was an illegal tax. Mayor Ellison informed Mr. Worthington that the City is reviewing its assessment policy. He further stated that he did not want to see transportation problems and asked Mr. Worthington for his suggestions. Mr. Worthington referenced items in the staff report and stated they would be providing an easement to widen the road. He informed the Council that Opus did not want the road through its property. Councilmember Egan noted that the issues were not clear and ,,stated it was a philosophical question. He pointed out that the City had disagreed with the County four times in the past year. He stressed that he believed in cooperation but felt that the property would be affected by the road configuration. He observed there were limits and that Opus had cooperated. He asked if the County would have unique setback problems. Community Development Director Dale Runkle explained that the easements would take into account any future upgrades. Egan mentioned that there would still be a reasonable access opportunity to the north. Councilmember Wachter agreed and emphasized that the development was an advantage to the City. Councilmember Gustafson favored a waiver. Mayor Ellison endorsed the proposal and stated that it would be a benefit to the City. He felt there were other means to solve the traffic issue. He commented that Lone Oak Circle was a cul-de-sac. Public Works Director Tom Colbert asked Mr. Worthington if Opus would agree to an eight foot bituminous trail. Mr. Worthington responded yes that Opus would agree to whatever was consistent. Councilmember Egan stated he recognized the assessment problem. Mr. Worthington reaffirmed Opus' objection. Wachter moved, Egan seconded, the motion to approve a waiver of plat to combine 26 lots in Eagandale Center Industrial Park No. 3 into two parcels located in the southeast corner of Lone Oak Road and Neil Armstrong Boulevard in the northwest quarter of Section 11 as requested by Opus Corporation, subject to the following conditions: 1. Opus Corporation will agree to give controlled access to the County along the Lone Oak Road portion adjacent to this waiver of plat except for the access point granted by the access permits. 2. Opus Corporation will grant the 10 foot right-of-way easement for roadway purposes immediately south of the right-of-way line. r Page 14/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 3. Opus Corporation will grant the 15 foot trailway easement immediately south of the new 10 foot right-of-way easement. 4. The parking setback along Lone Oak Road will be 35 feet from the new 10 foot right-of-way easement line. 5. The project will be designed so that access to the truck port will be taken from Neil Armstrong Boulevard. 6. The newly created parcels shall be combined at the County within 60 days of the waiver of plat approval, with documentation to the City Clerk within 30 days of the recording. 7. All signage shall be subject to the City's one-time sign fee of $2.50 per square foot. 8. The proposal shall be subject to a cash parkland dedication according to the current policy and a 6 foot wide concrete sidewalk be placed along Lone Oak Road. 9. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the waiver of plat dimensions and the rates in effect at the time of the City releasing the waiver of plat for recording. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. The development is subject to further requirements relating to grading, drainage, erosion control, street access, storm sewer, ponding, sanitary sewer, easements and water main as necessitated by the building permit process review by City staff. All members present voted in favor. R_89.14 COVENTRY PASS/FRONTIER COMPANIES COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT Community Development Director Dale Runkle summarized the application. Wayne Tower (Pioneer Engineering) informed the Council the location of the park had been revised, as well as the overall design. He pointed out that the old dumpsite had been investigated and no contaminants were found. He further stated that no structures were proposed in the dump area. Be explained that a meeting had been held with the Country Hollow residents. Mayor Ellison asked if there was a need for any soil compaction. Mr. Tower stated that it had been buried for 20 years, almost three Page 15/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 feet down. Be felt it was not necessary. Councilmember Wachter stated the area had been a pig feeding operation. Mayor Ellison questioned if there would be a transition from the Country Hollow Addition. Mr. Tower stated they would prefer a transition and that there would be restrictive covenants. Councilmember Egan was in favor of restrictive covenants. Mayor Ellison asked if the double fronted lots were gone. Mr. Runkle stated yes. Councilmember Wachter had concerns regarding the neighbors objecting to other homes. Mr. Tower stated there were sod problems. Don Klein, 4770 Dodd Road, had concerns regarding access to his property. Mr. Tower stated that a design had been worked out. He showed the new design to Mr. Klein and to the Council. Councilmember Egan questioned if the proposal would exceed 500 feet. Mr. Tower responded it would be approximately 580 feet. Leonard Karen, 4000 Dodd Road, questioned the layout. Be informed the Council that his barbed wire fence would abut the yard. Don Klein asked if the road would be stubbed. Mayor Ellison commented he felt the revised plan was improved over the original plan. Councilmember Wachter questioned if all lots met requirements. Mr. Runkle replied yes. Councilmember Egan pointed out that most issues had been resolved. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from Industrial, Parks and Mixed Residential to Mixed Residential and Parks, as submitted by Frontier Companies, for Coventry Pass. All members present voted in favor. Wachter moved, Gustafson seconded, the motion to approve the rezoning of 122.4 Agricultural acres to a Single Family district, in regards to the Coventry Pass development. All members present voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat entitled Coventry Pass consisting of 240 single family lots located east of Dodd Road and south of Wescott Road in the east one-half of Section 24, as submitted by Frontier Companies, 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, B4, Cl, C2, C3, C5, Dl, El, Fl, and G1. 2. The existing farmstead shall connect to City utilities. Page 16/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 3. If the farmstead is removed, the well and septic system shall be abandoned to WPC 40/City standards. 4. A variance shall be allowed for Street K in excess of 500' . 5. No direct driveway access onto Dodd Road shall be allowed. 6. 40' setbacks shall be allowed along Dodd Road. 7. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. 8. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. 9. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 10. The development is required to adhere to the City's maximum 3:1 slope criteria. 11. The development is required to submit plans and specifications for the proposed retaining wall construction for staff review and approval. 12. The development is required to provide storm sewer to adequately accommodate the storm water runoff which currently is conveyed by the rural ditch section along Dodd road. 13. The development will be required to provide emergency overland outlets from all low areas. 14. A storm sewer inlet is required between Lots 16 and 17 of Block 7 on Lantern Lane to collect the runoff water in the backyard sw al e. 15. A 50 foot half right-of-way is required for Dodd Road. 16. The development is required to limit post development phosphorus export levels to predevelopment levels. 17. The development is required to provide sanitary sewer, storm sewer, and water main hole stubs to all adjacent properties as determined by City staff. All members present voted in favor. R-89.15 Page 17/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/RESERVOIR City Administrator Tom Hedges introduced the matter to the Council. Mayor Ellison commented that this item and the three related items had all been initiated by the City. Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment of approximately 64 acres within the Lexington South Planned Development. All members present voted in favor. Egan moved, Wachter seconded, the motion to approve the rezoning of approximately 64 Multiple acres within the Lexington South Planned Development to Public Facilities district located at the southwest corner of Diffley Road and Lexington Avenue in the northwest quarter ,of Section 26 and the northeast quarter of Section 27. All members present voted in favor. R-89.16 CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ NORTHEAST QUARTER OF SECTION 26 Wachter moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment of approximately 7.4 acres within the Lexington South Planned Development. All members present voted in favor. Egan moved, Gustafson seconded, the motion to approve a rezoning of approximately 7.4 Townhouse acres within the Lexington South Planned Development to a Single Family district located south of Diffley Road, east of Lexington Avenue in the northeast quarter of Section 26. All members present voted in favor. R-89.17 CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ SOUTH HALF OF SECTION 26 Egan moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment of approximately 10.9 acres within the Lexington South Planned Development. All members present voted in favor. Gustafson moved, Egan seconded, the motion to approve a rezoning of approximately 10.9 Double acres within the Lexington South Planned Development to a Single Family district located along the north side of Wilderness Run Road and east of Walnut Hill Park in the south half of Section 26. All members present voted in favor. Page 18/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/ SOUTHWEST QUARTER OF SECTION 23 Community Development Director Dale Runkle requested the continuance of this item pending the review of the Soderholm Addition. Wachter moved, Gustafson seconded, the motion to continue to the April 18, 1989, City Council meeting, the Comprehensive Guide Plan amendment and a rezoning of approximately 1.5 Multiple acres within the Lexington South Planned Development to Limited Business located north of Diffley Road and along the west side of Lexington Avenue in the southwest quarter of Section 23. All members present voted in favor. EXECUTIVE SESSION City Administrator Tom Hedges announced that an executive meeting would be held immediately following the Council meeting. DAVANNI'S/ON-SALE 3.2 BEER AND WINE LICENSE Egan moved, Gustafson seconded, the motion to approve an on-sale 3.2 beer and wine license for Davanni's Pizza and Hot Hoagies to be located at Cliff Lake Galleria Shopping Center. All members present voted in favor. STRATFORD OAKS/PLAT EXTENSION Egan moved, Gustafson seconded, the motion to approve a preliminary plat extension for Stratford Oaks for a period of six months until October 31, 1989. All members present voted in favor. MODIFIED AIRCRAFT CORRIDOR PROCEDURE City Administrator Tom Hedges informed the Council that staff required direction in regards to allowing Larry Dodds to present his theory to the Airport Relations Committee. Mayor Ellison directed staff to inform Larry Dodds to present the theory to the Airport Relations Committee. Mr. Hedges stated that Mr. Dodds did a fine job on the concept. FINAL PLAT/ALDEN PONDS City Administrator Tom Hedges presented the background information to the Council. Ted Yock (2220 Limited) informed the Council that City Attorney Mike Dougherty had reviewed all of the information. He further stated Page 19/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 that the Alternative Security Agreement was executed, together with the Letter of Credit. City Attorney Jim Sheldon commented that the Alternative Security Agreement was involved in the project and that the signature pages had been provided but that Mike Dougherty had not reviewed in total the Alternative Security Agreement. Mr. Yock explained the various agreements and commented that what was needed was provided. Mayor Ellison questioned if the Council could give a conditional approval subject to legal review. Mr. Sheldon responded yes. Council member Egan felt the matter was a consent agenda item. Gustafson moved the motion to approve the final plat for Alden ,Pond, subject to the review and approval of legal counsel. Councilmember Egan stated he could not second the motion. Mayor Ellison seconded the motion. Gustafson and Ellison voted in favor; Egan and Wachter voted against. The motion failed. The matter was referred to staff for further review before review by the Council at a later meeting. VACATION/BIRCH STREET Egan moved, Wachter seconded, the motion to receive the petition to vacate a portion of the public highway easement for Birch Street and schedule a public hearing to be held on May 2, 1989. All members present voted in favor. VISITORS TO BE HEARD David Doyle, 2112 Shale Lane, requested that the Rahn Road improvement project move forward. Mr. Colbert stated that the plans were studied for Rahn Road and that staff would respond to the petition by the neighbors. COUNCIL UPDATE Community Development Director Dale Runkle stated he had engineering/platting concerns which he felt should have been addressed before the Council meeting. City Administrator Tom Hedges reviewed the opus issues. Mayor Ellison updated the Council and staff on the Northwest meeting regarding the hostile take-over strategies. Page 20/EAGAN CITY COUNCIL MEETING MINUTES April 4, 1989 CHECKLIST Wachter moved, Gustafson seconded, the motion to approve the checklist dated April 4, 1989, in the amount of $470,647.17. All members present voted in favor. ADJOURNMENT The meeting was adjourned at 11:10 p.m. THE CITY OF EAGAN E Van verbeke, City Clerk