05/02/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 2, 1989
A regular meeting of the Eagan City Council was held on Tuesday,
May 2, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were
Mayor Ellison and Councilmembers Wachter, Egan, Gustafson, and
McCrea. Also present were City Administrator Tom Hedges, Public Works
Director Tom Colbert, Community Development Director Dale Runkle,
City Planner Jim Sturm and City Attorney James Sheldon.
AGENDA
City Administrator Tom Hedges recommended continuing Item A.
'under old Business (Carriage Hills Golf Course) to the May 15, 1989,
Council meeting.
Wachter moved, McCrea seconded, the motion to approve the agenda
as amended. All voted in favor.
MINUTES
April 18. 1989. Councilmember Egan requested the following
changes:
Page 9 - regarding the Council vote on Project 4878 - Braun
Court, the minutes should read:
Egan moved, Gustafson seconded, the motion to close the
public hearing and reduce by $10,000.00 the final assessment
roll for Project 487R (Braun Court - Streets and Utilities) and
authorize its certification to the County for collection.
Mayor Ellison questioned if the Council should recommend
Assessment No. 1 or Assessment No. 2. City Attorney James
Sheldon informed the Council that their determination should not
be made under threat of legal action but on the basis of benefit
only. Mr. Colbert explained the rationale and also the options.
Mayor Ellison stated he preferred the original assessment
roll without modification.
Councilmember Egan commented that the City should assume
their portion of the costs and felt that the net result of the
original assessment roll would be detrimental.
Ellison moved, McCrea seconded, the motion to amend the
previous motion to approve the final assessment roll as
Page 2/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
presented for Project 487R (Braun Court - Streets and Utilities)
and authorize its certification to the County for collection.
McCrea and Ellison voted in favor; Wachter, Gustafson and Egan
voted against.
On the motion by Egan, seconded by Gustafson, to close the
public hearing and reduce by $10,000.00 the final assessment
roll for Project 487R (Braun Court - Streets and Utilities) and
authorize its certification to the County for collection.
Ellison, Wachter, Gustafson and Egan voted in favor; McCrea
voted against.
Page 10 - regarding special assessments for Metram Properties,
the fourth paragraph should read as follows:
Councilmember Egan reported that the report did not
indicate if the landowners received notice of the original
assessment, had an opportunity to be heard or other input.
Public Works Director Tom Colbert replied that either the
assessment was not at the correct rate or the size was
under-estimated. He further explained the procedure.
Page 12 - regarding the vote for surplus property, it should
read: "All voted in favor."
Page 14 - regarding the preliminary plat for Eagan Center 3rd
Addition, in paragraph 4, "CPD" should be changed to "CSC". "He
wondered if each addition was considered separately to meet the
20,000 square foot minimum for 1st phase development. "
Page 17 - regarding the Soderholm Addition, paragraph 3 should
be corrected to read: "Single Family" instead of "Multi Dwelling".
Page 17 - regarding the Soderholm Addition, number 2 of the
conditions should read:
2. The Laventhol & Horwath retail study shows an excess of
retail land in this particular node (node 3). An example is the
retail land across the street which is properly zoned but not
developing.
Page 17 - regarding the Soderholm Addition, number 3 of the
conditions should read:
3. Limited business is said to be an obsolete zoning use by
the developers. Has been a difficult classification to deal
with. This development shows large tracts of undesignated
limited business.
Page 3/EAGAN CITY COUNCIL MEETING MINUTES J.
May 2p 1989
Page 17 - regarding Soderhoim Addition, motion was only to deny
Comprehensive Guide Plan amendment - strike other 3 (rezone,
preliminary plat, conditional use permit).
Page 17 - regarding the Soderholm Addition, number 4 of the
conditions should read:
4. The Comprehensive Guide Plan shows D-I uses as a recent
designation and should not change to Commercial. The Council has
adopted a policy to rezone multi residential lots downward to
single family whenever possible and not upward to a more
intensive use.
Page 18 - regarding Soderholm Addition, number 5 of the
conditions should have added to it:
The proposed accesses do not meet county standards.
Mayor Ellison requested the following changes:
Page 2 - regarding the oak tree on the Target property, the
motion should read:
Egan moved, McCrea seconded, the motion to rescind the
previous motion and to refer the Target oak tree matter to MnDOT
with no recommendation. All voted in favor.
Page 2 - in regard to the Goins fire, in paragraph 2, it should
be changed to read that the fire had occurred in "June, 1988" and the
correction to Doug Reid's title of "Chief Building Official".
Councilmember McCrea requested a change on page 10, the last
paragraph should read:
Councilmember Gustafson remarked that the City should not
collect these assessments as a condition. Mayor Ellison
commented he felt staff should be more judicious in what they
bring to the Council.
Councilmember Wachter requested the following changes:
Page 9, paragraph 1, the fourth sentence should read:
"Councilmember Wachter questioned if there would be any problems with
dangers from cave-ins."
Page 21 - regarding the History Committee/Old Town Hall, after
the motion, it should be added: "All voted in favor."
McCrea moved, Wachter seconded, the motion to approve the
minutes for the April 18, 1989, regular Council meeting as amended.
All voted in favor.
Page 4/EAGAN CITY COUNCIL MEETING MINUTES J
May 2. 1989
March 28, 1989. Mayor Ellison requested a change in paragraph 3
regarding the Community Center Update, the second to the last
sentence should read: "Mayor Ellison again expressed his support for
the concept of a Community Center but agreed that the project should
be delayed for at least two years."
Egan moved, Wachter seconded, the motion to approve the minutes
for the March 28, 1989, special Council meeting as amended. All voted
in favor.
April 17. 1989. Mayor Ellison requested a correction regarding
the date of the meeting, it should read: "Monday, April 17, 1989".
Councilmember Wachter requested an addition to the minutes. In
paragraph 1 regarding the Public Works Maintenance Facility, the last
sentence should read: "City Councilmember Gustafson suggested that
,the City consider a lease or some other arrangement to secure the
property and defer payment and contact Blue Cross."
Wachter moved, Gustafson seconded, the motion to approve the
minutes for the April 17, 1989, special Council meeting as amended.
All voted in favor.
FIRE DEPARTMENT/FIREFIGHTER MAYNARD RLANG
City Administrator Tom Hedges introduced the matter to the
Council. Fire Chief Southorn informed the Council that Maynard Kiang
had answered the call to duty. He gave a synopsis of Mr. Kiang's
twenty-five year career. He commented that Mr. Kiang was instrumental
in the growth of the department and reviewed his extensive list of
accomplishments. Fire Chief Southorn presented Mr. Kiang with a clock
plaque in appreciation for his long career with the Fire Department.
Fire Chief Southorn also thanked the Kiang family.
Mayor Ellison presented the plaque of appreciation to Mr. Kiang
on behalf of the Council and the Eagan citizens.
EMERGENCY STAND-BY GENERATOR
City Administrator Tom Hedges recommended continuing the matter
for thirty (30) days because of the state of flux in the Legislature.
Councilmember Egan questioned the budget allocation.
Wachter moved, McCrea seconded, the motion to continue to the
June 6, 1989, City Council meeting the acquisition of the emergency
stand-by generator in the amount of $54,759.00 to Bill Richmond
Electric. All voted in favor.
,a....c I' sn.i'd
Page 5/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
CONSENT AGENDA
A. Personnel Items.
1. Land Development/Design Engineer.
It was recommended to approve the hiring of John Wingard as land
development/design engineer for the City, subject to successful
completion of the City's physical examination requirements.
2. Utility Maintenance Workers.
It was recommended to approve the hiring of Kelly Blommel and
Richard Francois as utility maintenance workers for the City, subject
to successful completion of the City's physical examination
requirements.
3. Park Intern.
It was recommended to accept the resignation of Mel Bailey as an
intern with the Park and Recreation Department.
4. Police Lieutenants.
It was recommended to approve the appointment of John Stevenson,
Richard Swanson and Gerald Meszaros as lieutenants in the Eagan
Police Department.
5. Planner I.
It was recommended to approve the hiring of a candidate yet to
be named as Planner I for the City of Eagan, subject to successful
completion of the City's physical examination requirements.
6. Senior Engineering Tech/Supervisor (Construction).
It was recommended to approve the hiring of Stan Lexvold as
Senior Engineering Tech/Supervisor (Construction) for the City of
Eagan, subject to successful completion of the City's physical
examination requirements.
7. Administrative Intern.
Councilmember McCrea requested the name of the candidate
recommended for hire. City Administrator Tom Hedges replied that the
candidate had not yet been selected.
It was recommended to approve the hiring of a candidate yet to
be named as Administrative Intern for the City of Eagan.
Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 2 , 1989 8. Seasonal Workers.
It was recommended to approve the hiring of Ben Anderson, David
Chavez, Michael Griswold, Robert Judge, and Jeffrey Kadlec as
seasonal street maintenance workers; and Timothy Troje as a seasonal
central services maintenance worker; and Darren Wennen as a seasonal
tree inventory technician.
9. Street/Equipment Maintenance Worker Resignation.
It was recommended to accept the resignation of Frank Lamberger
as a street/equipment maintenance worker with the City of Eagan.
10. Street/Equipment Maintenance Worker.
Councilmember McCrea suggested staff search for a female and
minority candidate. She commented that the Affirmative Action Plan
should be met. Public Works Director Tom Colbert replied that the
City was re-posting.
It was recommended to authorize the City Administrator to offer
the vacant street/equipment maintenance worker position to the second
place candidate from the previous hiring process, subject to
successful completion of the City's physical examination
requirements, if no current maintenance worker applied for the
vacancy and/or no current worker successfully passes the examination.
B. Plumbers Licenses.
It was recommended to approve the six plumbing licenses as
presented.
C. Correction to Lot Description for December 10. 1974, City
Council Minutes.
It was recommended to authorize correction of the official
minutes of a regular City Council meeting for December 10, 1974, by
changing Lot 1 to Lot 6 in the Kenneth Hassler Blackhawk Acres
official transcript.
D. License, Amusement Devices for Advanced Carter Company.
Machines at J. Dolittle (formerly Flour gin).
Councilmember McCrea reported that the machines were already on
the premises of J. Dolittle's. City Administrator Tom Hedges replied
that the amusement devices may have been ordered and installed before
the applicant knew he needed a permit. He further stated that some
cities charge a double fee for violations.
Page 7/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
It was recommended to approve the amusement device application
for Eugene Winstead for three amusement devices at J. Dolittle's
Restaurant.
E. Contract 89-12. Receive Bids/Award Contract, Tennis Court and
Ball Field Fencing.
Councilmember Egan stated he would like to review the estimated
budget for the ball field and tennis court. Park and Recreation
Director Ken Vraa replied there was not one available. Egan
reiterated his request to review an estimated budget.
It was recommended to approve the low bidder for Contract 89-12
and award the contract to Finley Brothers Enterprises as the lowest
responsible bidder, in the amount of $302,924.74; subject to review
and approval by School District No. 196 and further authorized the
Mayor and City Clerk to execute all related documents.
F. Contract 88-26. Receive Bids/Award Contract (Daniel Drive -
Streets and Utilities).
It was recommended to receive the bids for Contract 88-26
(Daniel Drive - Streets and Utilities) and award the contract to the
lowest responsible bidder, Imperial Developers, in the amount of
$175,180.00, and authorize the Mayor and City Clerk to execute all
related documents.
G. Contract 89-07. Receive Bids/Award Contract (Well No. 14)..
It was recommended to receive the bids for Contract 89-07 (Well
No. 14), award the contract-to the lowest responsible bidder, E. H.
Renner & Sons, in the amount of $139,935.00, and authorize the Mayor
and City Clerk to execute all related documents.
H. Contract 89-10. Receive Bids/Award Contract (Well No. 15).
It was recommended to receive the bids for Contract 89-10 (Well
No. 15), award the contract to the lowest responsible bidder,
Layne-Minnesota, in the amount of $133,040.00, and authorize the
Mayor and City Clerk to execute all related documents.
I. Project 561. Receive Report/Order Public Hearing (Sterns
Addition - Streets and Utilities).
It was recommended to receive the feasibility report for Project
561 (Sterns Addition - Streets and Utilities) and schedule a public
hearing to be held on June 6, 1989.
Page 8/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
J. Project 520. Receive Final Assessment Roll/Order Public
Hearing (Manor Lake - Trunk utilities).
It was recommended to receive the final assessment roll for
Project 520 (Manor Lake - Trunk Utilities) and schedule the final
assessment hearing to be held on June 6, 1989.
K. Project 565. Receive Report/Authorize Plans and Solicitation
of Bids (Water Treatment Plant - Dehumidification).
It was recommended to receive the report for Project 565 (Water
Treatment Plant - Dehumidification) and authorize the preparation of
detailed plans and specifications and bid solicitation.
L. Project 568. Receive Petition/Authorize Feasibility Report
(Autumn Ridge - Storm Sewer).
It was recommended to receive the petition for Project 568
(Autumn Ridge - Storm Sewer) and authorize the preparation of a
feasibility report.
M. Approve Final Plat, Potts Addition.
It was recommended to approve the final plat for the Potts
Addition and authorize the Mayor and City Clerk to execute all
related documents. R-89.21
N. Approve Final Plat. Blue Ridge 2nd Addition.
It was recommended to approve the final plat for the Blue Ridge
2nd Addition and authorize the Mayor and City Clerk to executed all
related documents. R-89.22
0. Project 533. Approve Plans and Cost Participation Agreement
(County Road 30 Reconstruction).
It was recommended to approve the plans for Project 533 (Diffley
Road - Reconstruction and Utilities) and authorize the execution of
the Cost Participation Agreement by the Mayor and City Clerk.
P. Contract 88-17. Approve Plans/Authorize Ad for Bids
(Cedarvale Boulevard - Street Resurfacing) .
It was recommended to approve the plans for Contract 88-17
(Cedarvale Boulevard - Street Resurfacing) and authorize the
advertisement for the bid opening to be held at 10:30 a.m. on June
14F 1989.
Page 9/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
Q. vehicle No. 134, Approve Specifications/Authorize Ad for Bids
(Public Works Pavement Grinder)..
It was recommended to approve the specifications for Vehicle No.
134 (Public Works Pavement Grinder) and authorize the advertisement
for a bid opening to be held at 10:00 a.m., Thursday, June 1, 1989.
R. vehicle No. 140. Approve Specifications/Authorize Ad for Bids
(Public Works Skid Steer Loader).
It was recommended to approve the specifications for Vehicle No.
140 (Public Works Skid Steer Loader) and authorize the advertisement
for a bid opening to be held at 11:00 a.m., Thursday, June 1, 1989.
S. Vacation of Public Right-of-Way. Receive Petition/Order
Public Hearing (Coronation Drive and Kingswood Road).
It was recommended to receive the petition to vacate public
right-of-way (Kingswood Road and Coronation Drive) and schedule a
public hearing to be held on June 6, 1989.
McCrea moved, Gustafson seconded, the motion to approve the
foregoing consent agenda items as presented, and authorize their
implementation. All voted in favor.
VACATION/LOTS 3, 4, AND 5, BERRY RIDGE ADDITION
City Administrator Tom Hedges updated the Council on the matter
and stated that staff had not received any objections to the proposed
vacation.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and approve the vacation of drainage and utility
easements within Lots 3, 4, and 5, Berry Ridge Addition. All voted in
favor.
VACATION/BIRCH STREET (SUNCREST ADDITION)
Gustafson moved, Wachter seconded, the motion to close the
public hearing and approve the vacation of a partial public
right-of-way for Birch Street (proposed Suncrest Addition), subject
to final plat approval for said addition. All voted in favor.
CARRIAGE HILLS GOLF COURSE
Egan moved, McCrea seconded, the motion to continue until the
May 15, 1989, City Council meeting, the discussion regarding the golf
ball problem being experienced by certain residents of Falcon Way,
adjacent to Carriage Hills Golf Course. All voted in favor.
Page 10/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
RATIFY 1988 AND 1989 BUDGET FUNDS
City Administrator Tom Hedges summarized the matter for the
Council. Councilmember McCrea asked if the BRA money was an annual
figure. Mr. Hedges responded yes. Mayor Ellison requested the cable
money remain as is.
McCrea moved, Wachter seconded, the motion to approve the
Special Revenue Funds Budget for the Housing Revenue Fund, Senior
Housing Fund, Cable TV Franchise Fund and Housing Redevelopment
Authority Fund for the calendar years of 1988 and 1989. All voted in
favor.
APPOINTMENT/AIRPORT RELATIONS COMMISSION
City Administrator Tom Hedges introduced the matter to the
',Council.
Egan moved, Wachter seconded, the motion to continue the matter
to a later time at this meeting. All voted in favor.
VARIANCE/LOT COVERAGE/BODECKER & SONS
City Administrator Tom Hedges presented the application to the
Council. The applicant was present at the meeting.
Mayor Ellison questioned if the neighbors had been notified and
if so, if they had any objections. The applicant replied that the
neighbors were notified and there were no objections. Councilmember
Egan asked if there was any land available for purchase. The
applicant responded that the property behind theirs was available for
purchase. Councilmember McCrea questioned the hardship. The applicant
replied that they needed extra room for manufacturing and storage
space. McCrea commented that in order to approve a variance, there
was a need for a documented hardship. Councilmember Egan stated that
if there were no property available, there would be a hardship. The
applicant reported that the electrical box in the front prevented
movement.
Gustafson moved, Wachter seconded, the motion to approve a 1%
variance to the 35% lot coverage maximum required in a Limited
Industrial district as requested by R. L. Bodecker & Sons, Inc. at
3330 Mike Collins Drive, subject to all applicable City Codes. All
voted in favor.
Councilmember McCrea stated that the hardship was the electrical
box and keeping the lines straight in the back.
Page 11/EAGAN CITY COUNCIL MEETING MINUTES
May 2r 1989
APPOINTMENT/AIRPORT RELATIONS COMMISSION
John Hohenstein informed the Council that the appointment of the
two alternates could be continued to another meeting. Councilmember
McCrea suggested selecting a person subject to the decision regarding
the alternates. She stated that if the alternates desired the
position, the appointed person would become the alternate and further
that if the alternate declined the position, the selected person
would become the regular member.
After the Council vote, City Administrator Tom Hedges counted
the ballots and announced that the appointment of Greg Gappa was made
to the Airport Relations Commission as an alternate or to fill out
the remainder of a three-year term recently vacated by Dennis Gagnon,
(the position would first be offered to one of the existing
alternates).
NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT
FOR A STEEL FRAMED BUILDING
City Administrator Tom Hedges explained the request for the
special permit to the Council. He distributed two letters from DMS
and Bridlewilde objecting to the issuance of the permit.
Dennis Workmeister (representative for the applicant) informed
the Council that the facility was relocated due to the Pilot Knob
construction. He further stated that a smaller metal building already
existed and that the applicant would provide a privacy fence and
paint the building earth tones.
Councilmember McCrea asked if the fence would screen the
building. Mr. Workmeister responded that five feet of the building
would be visible above the fence. McCrea questioned if the building
could be constructed at another Northern Natural Gas Company
location. Mr. Workmeister responded that at the other location there
is a pipeline. McCrea asked if the applicant would be willing to do
more in regard to the aesthetics. Mr. Workmeister responded it would
depend upon the details requested. McCrea asked if they would
consider bricking the building. Mr. Workmeister responded no, because
it was an existing facility.
Councilmember Wachter questioned the size of the present
building and the need for the increase in the size. Mr. Workmeister
responded there was a need to increase the size of the building due
to an increase in the demand. Mr. Wachter questioned if Northern
Natural Gas Company could relocate. Mr. Workmeister described the
relocation due to the Pilot Knob project.
Page 12/EAGAN CITY COUNCIL MEETING MINUTES . ws.. •;.s
May 2, 1989
Councilmember McCrea asked if the Brick ordinance applied to
this project. City Administrator Tom Hedges replied he was not sure
if the Brick ordinance applied to this project.
Councilmember Egan commented that Fairway Hills was developing
and that the size of the utility building was increasing
substantially. Mayor Ellison had concerns regarding a tin shack
located next to a high quality development. Mr. Workmeister
disagreed. Mayor Ellison felt that approval of the special permit
would run counter to the City's policy. Councilmember McCrea
suggested continuing the matter for further investigation. Mr.
Workmeister pointed out that the expense of moving the facility was
prohibitive. Mayor Ellison recommended the applicant review the
matter and propose an acceptable building to the Council. The
applicant asked for direction from the Council. Mayor Ellison
suggested using the Northwestern Bell building and its brick as a
design. Councilmember Gustafson suggested using the Well Plan design
,as a guide. He stated there were a number of choices available.
Councilmember McCrea recommended a neighborhood meeting.
Mr. Workmeister stated the applicants could not have combustible
items in a brick structure. Councilmember Gustafson stated that a
metal structure may be acceptable to the Council if the design and
appearance were good. Councilmember McCrea pointed out that the
location was also a concern. Mr. Workmeister asked if landscaping
would help the matter. Councilmember Wachter asked if the peak of the
roof could be reduced. Mr. Workmeister stated it would be an
instrumentation problem. City Administrator Tom Hedges informed the
applicant to contact Eagan staff for review and recommended
continuance of the matter to the June 6, 1989, City Council meeting.
Al Herrmann (developer - Fairway Hills) informed the Council he
was willing to work with Northern Natural Gas Company.
William Haye, 1359 St. Andrews, Fairway Hills, stated there was
no landscaping on the project and that the lawns were washing away.
He further commented that the pipes were unsightly and felt that the
property taxes were too high. He invited an on-site investigation. He
presented a letter to the Council dated August, 1988, from Derrick.
Mayor Ellison requested staff check into the erosion control.
Public Works Director Tom Colbert stated that staff was working with
the developer.
Mr. Haye further stated he had concerns regarding the safety of
children.
Al Herrmann reported that the erosion was occurring on the
pipeline site and that no vegetation had been replaced.
Page 13/EAGAN CITY COUNCIL MEETING MINUTES _,d
May 2, 1989
Mr. Workmeister responded that the letter Mr. Haye distributed
was for pipeline construction on a previous project. He further
stated that the applicant was supplying natural gas as efficiently as
possible and commented that the consumer pays in the end. He again
requested direction from the Council.
Councilmember McCrea recommended referring the matter to the
staff. Councilmember Egan requested the building be compatible with
the neighborhood. Councilmember Gustafson explained he needed to see
a proposal.
McCrea moved, Egan seconded, the motion to continue to the June
6, 1989, City Council meeting the special permit request for Northern
Natural Gas Company to construct a steel framed building over an
existing meter and regulatory facility on Outlot A, Fairway Hills 1st
Addition, to allow the applicant to work with the City staff, arrange
a neighborhood meeting, develop a landscape plan and give evidence of
,,an erosion prevention plan. All voted in favor.
CRAY RESEARCH/SPECIAL PERMIT FOR A WELL
City Administrator Tom Hedges briefed the Council regarding the
matter. Public Works Director Tom Colbert recapped his memorandum
dated April 25, 1989.
Ed Bramen (real estate consultant for Cray Research) explained
the use of the well and the purpose. He stated it was not a high
capacity well.
Councilmember McCrea had concerns regarding health and safety.
The applicant responded that the valves could fail and contaminate
the system. Mr. Colbert stated it was a potential problem. The
applicant stated it would revise the plan to eliminate the potential
problem. Be remarked that the well would be a primary source for a
cooling tower.
Councilmember Wachter was concerned about the use of water. The
applicant responded that the State was not concerned with the
project.
Councilmember Egan asked if there was a potential concern
regarding the draw-down. Mr. Colbert responded no. There was further
discussion regarding the technical aspects of the project.
Gustafson moved, McCrea seconded, the motion to approve a
special permit for Cray Research for the installation of a private
well to be used for backup water supply for cooling towers and
landscaping irrigation, subject to the following conditions:
1. This special use permit shall be subject to all applicable
City Codes.
Page 14/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
2. The pumphouse shall have a maximum rate of 500 GPM.
3. There shall be no interconnection between the private well
and City water.
4. The City of Eagan shall be allowed to monitor the well.
All voted in favor.
VISITORS/KINGSWOOD
Jim Horne informed the Council he had two items he needed to
bring to the Council's attention. He requested the vacation of the
public right-of-way within the Kingswood 1st Addition. He stated he
wanted the contractors to begin and did not want a delay. City
Attorney Jim Sheldon replied that the vacation was a condition of
final plat approval for the Kingswood 2nd Addition. He further stated
that the final plat was not ready.
Mr. Horne addressed his concern regarding the park dedication
fee. He stated that the access was moved at the City's request which
caused the developer extra expense. Be remarked that there were 11
lots and he wanted the dedication to apply only to the new lots. Mr.
Sheldon commented that the City was entitled to the funds. Mayor
Ellison requested Mr. Horne to work with the staff.
VISITORS/PROJECT 520/MANOR LAKE
Roger Weierke, 630 Cliff Road, had concerns regarding Item J of
the consent agenda regarding the Manor Lake Trunk utilities project.
He stated that the project had not been completed. Public Works
Director Tom Colbert informed him that the staff would take steps to
clean the matter up prior to the assessment hearing. He stated he
could not guarantee it and that legal action was being pursued.
VISITORS/SODERBOLM ADDITION
Ray Connolly informed the Council that the applicant wished to
withdraw its rezoning request. Councilmember McCrea statea she would
not favor the withdrawal of the motion. Mr. Connolly informed the
Council that much effort was put into the project ana stated that
there was unanimous Advisory Planning Commission approval.
Councilmember Egan remarked that he felt sorry for the Soderholm
applicant but that the City had Code requirements that a substantial
change was necessary for further Council review. He further stated
that the Laventhol and Horwath report cited excess retail in the
area. He commented that the Council's highest priority was to
down-zone Multiple Residential to Single Family.
Page 15/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
Mr. Connolly reiterated his desire to withdraw the rezoning
request. Councilmember Wachter stated that the Advisory Planning
Commission was for advisory purposes only. Councilmember Egan stated
that any of the three Councilmembers could move to reconsider. Mayor
Ellison remarked that the motion was not forthcoming.
CONTRACTUAL CLEANING SERVICE/MUNICIPAL CENTER BUILDING
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Gustafson recommended looking for outside
bids.
McCrea moved, Egan seconded, the motion to authorize the
advertisement of bids for a regular monthly building cleaning and
maintenance service with a bid opening scheduled prior to the June 6,
1989, City Council meeting. All voted in favor.
35W JOINT POWERS AGREEMENT
City Administrator Tom Hedges updated the Council with the
background information.
Councilmember Wachter had concerns regarding the Joint Powers
Agreement and stated he was apprehensive. Councilmember Egan
commented that it would be easier to approve the participation in the
Agreement than it would be to get out of the Agreement. Mayor Ellison
stated he was ambivalent in the matter. Councilmember Gustafson
shared the other members' concerns. He questioned the fee
calculations and had concerns regarding participation. There was more
discussion regarding the participation by the City of Eagan.
Councilmember McCrea questioned what the City of Eagan would
receive by participating in the Joint Powers Agreement. City
Administrator Tom Hedges stated the Agreement would improve the
over-all County traffic flow. Councilmember Wachter remarked he felt
the money may not be well spent.
Egan moved, Gustafson seconded, the motion to deny participation
in the Joint Powers Agreement establishing the I-35W Council as
requested by the City of Burnsville because there would not be enough
benefit to the City of Eagan. All voted in favor.
PROJECT 569/RECEIVE PETITION/ORDER FEASIBILITY REPORT
(EAGANDALE CENTER INDUSTRIAL PARK NO. 3)
Egan moved, Wachter seconded, the motion to receive the petition
for Project 569 (Eagandale Center Industrial Park No. 3) and
authorize the preparation of a feasibility report. All voted in
favor.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
EXECUTIVE SESSION
Mayor Ellison announced an executive session following the
regular meeting to discuss pending litigation.
TRAILWAY ASSESSMENT POLICY
City Administrator Tom Hedges informed the Council that the
assessment policy regarding the Johnny Cake Ridge Road trailway was
being re-evaluated as a whole. He further commented that staff was
addressing a number of issues confronting the Council. He stated it
was recommended that there be no quad trailway assessments. He
informed the Council a letter would be sent out to the citizens
explaining the assessment policy re-evaluation. City Attorney Jim
Sheldon explained that residential properties would not receive
special benefit which is not necessarily true of commercial and
'industrial properties or public facility property. Mr. Hedges stated
staff was considering alternative funding methods. Councilmember Egan
recommended examining the entire policy as a whole. Councilmember
Wachter requested more information.
BOARD OF REVIEW
City Administrator Tom Hedges updated the Council on the matter
and stated he was preparing handouts.
STORM WATER ORDINANCE
City Attorney Jim Sheldon informed the Council that a public
hearing would be set for June 6, 1989, to review the proposed
ordinance creating a storm water and utility drainage district.
Councilmember Egan questioned if it would include new construction
also. Public Works Director Tom Colbert replied yes. Mayor Ellison
commented the matter needed further discussion in a work session. Mr.
Hedges suggested setting the meeting for May 30, 1989 at 7:00 p.m.
Gustafson moved, McCrea seconded, the motion to schedule a
workshop for May 30, 1989, at 7:00 p.m. to consider the storm water
drainage utility and storm water drainage improvement district
ordinance. All voted in favor.
COUNCIL DISCUSSION
Councilmember Wachter commented he had concerns regarding the
Cray Research water tower. There was discussion between Wachter and
Colbert regarding the matter.
Councilmember Egan remarked that the meeting time for the Board
of Equalization should be more clear and specific.
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
May 2, 1989
There was an update regarding the Ireland Sister City project.
Limerick has expressed an interest in the project.
Councilmember McCrea suggested charging for the excess police
calls to the billard halls. Mr. Hedges stated staff would check into
the matter.
McCrea asked when the grand opening for Fire Stations 4 and 5
would be held. Mr. Hedges replied he would check with the Fire Chief.
CHECKLIST
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated May 2, 1989, in the amount of $263,225.46. All voted
in favor.
ADJOURNMENT
Upon motion duly made by McCrea, seconded by Egan, the meeting
was adjourned at 9:15 p.m. All voted in favor
CITY OF EAGAN
SA 'a L,
4 E.VanOt "U
v
erbeke, City Clerk