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02/07/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 7, 1989 A regular meeting of the Eagan City Council was held on Tuesday, February 7, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle and City Attorney James Sheldon. AGENDA Gustafson moved, McCrea seconded, the motion to approve the agenda as presented. Ellison, Egan, Gustafson and McCrea voted in favor; Wachter was not present. MINUTES January 17. 1989. Councilmember Egan requested the following addition on page 7 regarding the Standing Committee Appointments: 4. Councilmember Egan and Councilmember Gustafson were appointed to the Special Assessment Committee. The Chairpersons for the above committees to remain the same as in calendar year 1988. Egan moved, McCrea seconded, the motion to approve the minutes for the January 17, 1989, regular Council meeting as amended. Ellison, Egan, Gustafson and McCrea voted in favor; Wachter was not present. MRPA CITATION ANARD Jim Spangler, representative of MRPA, gave a short presentation and presented the 1988 MRPA Citation Award to the City of Eagan. There was no action required on this matter. MWCC SENECA PLANT EXPANSION Public Works Director Tom Colbert introduced the matter to the Council. Mayor Ellison questioned the odor effect. Public Works Director Tom Colbert stated it could be planned for in the plant expansion. Councilmember Egan asked why it wasn't discussed earlier, during the platting negotiations. Mr. Colbert stated MWCC was slow to respond. Councilmember Wachter supported the proposal. Page 2/EAGAN CITY COUNCIL MINUTES , February 7, 1989 Mike Hazel, 2129 Silver Bell, had concerns regarding the impact on the neighborhood. Al Ahrens, 2133 Silver Bell, felt private industry could. pose a problem. John Wesley, 1747 Bluebill, informed the Council the neighbors were frustrated by the lack of notification. He was opposed to the proposal. Councilmember Gustafson stated that by creating this facility, random dumping was decreased. He felt the City could go forward with further study. Councilmember Egan felt the City should obtain further technical information before supporting the proposal. Mayor Ellison stated the Council could endorse the proposal without committing to the facility. Wachter moved, Gustafson seconded, the motion to endorse a proposal to incorporate a septic and sewer cleaning disposal station with the expansion of the Seneca Waste Water Treatment plant. All voted in favor. CONSENT AGENDA A. Personnel Items. 1. Recreation Supervisor I. It was recommended to approve the hiring of Jon Oyanagi as a Recreation Supervisor I for the City of Eagan, subject to successful completion of the City's physical examination requirement. 2. Park Operations Supervisor. It was recommended to approve the hiring of Richard Pelletier as Park Operations Supervisor and to approve the posting/advertising for a Park Maintenance Worker. 3. Landscape Architect/Park Planner Intern. It was recommended to approve the hiring of Craig Johnson as a landscape architect/park planner intern. 4. Seasonal Rink Staff. The City Administrator informed the Council he had authorized the hiring of two new seasonal rink attendants (Julie Erickson and William Burns) for the remainder of this winter's skating season. No action was required. Page 3/EAGAN CITY COUNCIL MINUTES February 7, 1989 5. Car Allowance/Car Use Policy. It was recommended to adopt the car allowance/car use policy as presented and authorize a car allowance rate of $250.00 per month for the Director of Community Development, $200.00 per month for the Director of Finance with retroactivity for the Director of Community Development back to November, 1988, and January for the Director of Finance. B. Receive Bids/Authorize Sale of 1981 Ford Fairmont. It was recommended to declare the 1981 Ford Fairmont surplus property and sell the unit to the highest bidder, Kevin Putt, in the amount of $1,501.00. C. Approve 1989 Electrical Inspection Fees. It was recommended to approve the electrical inspection fee increase as presented. D. Establish Date for 1989 Board of Review and Date to Canvass February 14 Referendum Ballots. It was recommended to (1) establish the 1989 Board of Review/Equalization Meeting for May 9, 1989, and (2) establish 7:00 p.m., February 16, 1989, as the official time to canvass and make the February 14 referendum results official. E. License for Plumbers. It was recommended to approve the plumbers and water softner licenses as presented. F. License for Beer and Wine for Eagan Tennis and Athletic Club. It was recommended to approve the beer and wine license for the Eagan Tennis and Athletic Club. G. License Renewal for Gambling at Valley Lounge/Lions Club Eagan. Councilmember McCrea had questions concerning the gambling and what the Lions Club did with the money. It was recommended to approve the license renewal application for the Eagan Lions Club at the Valley Lounge. Page 4/EAGAN CITY COUNCIL MINUTES February 7, 1989 ^,.F<.. H. Receive Bids/Authorize Purchase of 1989 Light Truck 4X4. It was recommended to approve the purchase of a Chevy Blazer 4X4 through the Hennepin County Joint Purchasing Program in the amount of $16,682.42 to Viking Chevrolet to be used for Police operations. I. Contract 88-34. Approve Plans/Authorize Advertisement for Bids (Alden Ponds - Streets and Utilities). Mayor Ellison questioned the Alden Ponds development time table. City Administrator Tom Hedges responded that development would begin this year. It was recommended to approve the plans for Contract 88-34 (Alden Ponds - Streets and Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. Friday, March 3, 1989. J. Final Plat. Unisys Addition. It was recommended to approve the final plat for the Unisys Addition, subject to legal review, and authorize the Mayor and City Clerk to execute all related documents. R 89-3 R. Project 546, Receive Report/Order Public Hearing (Cedarvale Boulevard). It was recommended to receive the report for Project 546 (Cedarvale Boulevard) and schedule a public hearing to be held on March 7, 1989. L. Contract 89-041 Approve Plans/Authorize Advertisement for Bids (Well No. 1 and Timberline Well - Pump Inspection/Repair). It was recommended to approve the plans for Contract 89-04 (Well No. 1 and Timberline Well - Pump Inspection/Repair) and authorize the advertisement for a bid opening to be held at 10:30 a.m., February 16, 1989. M. Vacate Drainage and Utility Easement. Receive Petition/Order Public Hearing (Lot 15. Block 1 - Chatterton Ponds). It was recommended to receive the petition and order a public hearing for March 7, 1989, for the vacation of a drainage and utility easement (Lot 15, Block 1 - Chatterton Ponds). Page 5/EAGAN CITY COUNCIL MINUTES February 7, 1989 N. Vacate Public Right-of-Way. Receive Petition/Order Public Hearing (Abandoned Portion of Heritage Lane north of Yankee Doodle Road). It was recommended to receive the petition and schedule a public hearing for March 7, 1989, for the vacation of a portion of public right-of-way (Heritage Lane north of Yankee Doodle Road). 0. Contract 87-17. Approve Change Order No. 2 (Blackhawk Road). It was recommended to approve Change Order No. 2 to Contract 87-17 (Blackhawk Road) and authorize the Mayor and City Clerk to execute all related documents. P. Contract 87-B. Final Acceptance (Whi sper' ng Woods 2nd Addition - Streets and Utilities). It was recommended to approve Contract 87-B (Whispering Woods 2nd Addition - Streets and Utilities) for final acceptance and perpetual maintenance. Q. Contract 86-PP, Final Acceptance (Whispering Woods 3rd Addition - Streets and Utilities). It was recommended to approve Contract 86-PP (Whispering Woods 3rd Addition - Streets and Utilities) for final acceptance and perpetual maintenance. R. Contract 86-S. Final Acceptance (Overhill Farms 2nd Addition - Streets and Utilities).. It was recommended to approve Contract 86-S (Overhill Farms 2nd Addition - Streets and Utilities) for final acceptance and perpetual maintenance. S. Contract 88-16. Final Payment/Acceptance (Lexington Avenue and Lexington Square - Storm Sewer). It was recommended to approve the fourth and final payment for Contract 88-16 (Lexington Avenue and Lexington Square - Storm Sewer) and authorize acceptance for perpetual maintenance. I T. Maintenance Equipment Purchase, Receive Bids/Authorize Purchase (High Velocity Sewer fetter Vehicle No. 218). Councilmember McCrea questioned the shortage in the amount budgeted. Public Works Director Tom Colbert stated there were no detailed specifications. Page 6/EAGAN CITY COUNCIL MINUTES February 7, 1989 It was recommended to receive the bids for Vehicle No. 218 (High Velocity Sewer Jetter) and authorized the purchase from the lowest responsible bidder, Flexible Pipe & Tool Company, in the amount of $67,964.00. Egan moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as amended and authorize their implementation. All voted in favor. REQUEST TO AMEND CHAPTER 6/MASSAGE ORDINANCE City Administrator Tom Hedges updated the Council on the background of the amendment request. Molly Belokopitsky, applicant, was present at the meeting, together with the following guest speakers: Jan Gorman, Robin Oxborrow, Karen Schuller and Kathyrn Schuer. Kathryn Schuer recapped the history of the Minnesota Therapeutic Massage Network. She distributed material to the Council members. She stated the members have high standards but there were some ethical reprimands. Robin Oxborrow informed the Council she was a citizen of Eagan and had just completed her schooling. She practices in West St. Paul. She stated the Ethics Board could keep tabs and that the broadening of the ordinance would not cause problems. Karen Schuller stated she had been practicing since 1983 and was the former editor of the newsletter. Jan Gorman from Burnsville stated she does a chair massage. She offered brochures to the Council members. Elizabeth Gangle informed the Council the amendment would benefit business. Chief Geagan presented his concerns regarding prostitution and stated that at one time saunas were also legitimate. He further stated that the cities of St. Paul, Minneapolis and Bloomington had concerns regarding such an amendment. Councilmember Wachter questioned where the actual work was conducted. The applicant stated everywhere. Councilmember Gustafson stated he felt prostitution is a problem and that other cities have experienced the same problem. He favored removing the "same sex" provision. Councilmember McCrea indicated there was a difference in legitimate businesses. Mr. Gustafson stated he was sensitive to the Page 7/EAGAN CITY COUNCIL MINUTES February 7, 1989 cost factor but felt the real issue was the police having less authority to keep prostitution out of Eagan. Councilmember Egan questioned if a need for a change had been demonstrated. He stressed that the City had the interest of the public to protect. He further stated that professional entities can control the doctors, etc. He felt there would be substantial police time involved and that the present ordinance was valid. Mayor Ellison indicated he felt there was a great chasm between the legitimate massage and prostitution. He felt that the current ordinance prohibits members of legitimate massage from plying their trade. He asked the Councilmembers for proposals on alternatives. Councilmember McCrea suggested continuing the matter to work on a method. Councilmember Wachter questioned what protection the City would have if graduation requirements were a part of the ordinance. He also asked for the cost of the schooling and the length of time it took for the schooling. McCrea moved, Gustafson seconded, the motion to continue for 30 days the amendment to Chapter 6, Section 6.40, Subd. 4(D), to eliminate the restriction on opposite sex massages, to allow staff to review proposed alternatives. All voted in favor. ORDINANCE AMENDMENT/ACCESSORY HOUSING City Administrator Tom Hedges summarized the ordinance amendment for the Councilmembers. Egan moved, Gustafson seconded, the motion to approve an amendment to Chapter 11 of the Eagan City Code which rescinds all regulatory provisions regarding accessory housing. Ellison, Gustafson, Egan and McCrea voted in favor; Wachter abstained. ACCESSORY HOUSING PERMIT/LARRY LEVENSON The Council was informed that there were not two distinct separate units within the house and that the Levenson house complied with the zoning ordinance for R-1. No action was necessary. RESOLUTION/LOW INCOME REQUIREMENTS FOR THOMAS LAKE POINTS APARTMENTS City Administrator Tom Hedges introduced the matter to the Council. Jack Safar (developer) was available for questions. Councilmember McCrea asked the developer how the system worked. The developer explained the process. Mayor Ellison questioned if he was correct that there was no fiscal impact for the City. Mr. Hedges stated he was correct. Mr. Hedges further stated that the Council Page 8/EAGAN CITY COUNCIL MINUTES February 7, 1989 action should be conditioned on a signed agreement with the City. Councilmember McCrea was dissatisfied with the present guidelines. Gustafson moved, Egan seconded, the motion to approve the resolution as presented to provide clarification and qualification to the transition rule and also allow the appropriate change in low income requirements for the Thomas Lake Pointe apartments. Ellison, Gustaf son, Egan and McCrea voted in favor; Wachter voted against. Councilmember Wachter informed the Council he had voted against the resolution because he felt it was ineffective. PARK CENTER ADDITION/FEDERAL LAND COMPANY City Administrator Tom Hedges summarized the applications for the Council and stated staff recommended continuance of the matter for 30 days. Martin Colon (Federal Land Company) was present and concurred with the continuance and thought it was a good idea. He introduced Tim Erkkila. Mr. Erkkila addressed the tree loss, grading concerns, screening and berming and the retail study. He stated the circulation had been streamlined behind the shopping center. He clarified the retail report. He indicated the report supported the concept of the project. Fran Hagen discussed the storm drainage on the site. Jim Benshoof addressed the traffic related problems of the development; which are: (1) Implications for Cliff Road; (2) Internal traffic circulations; and (3) Adequacy of right-of-way. Bob Barth informed the Council he was ready to address any questions or concerns. Councilmember McCrea questioned the other rezoning in the area. She stated she felt the traffic was a major concern. Public Works Director Tom Colbert informed the Council that the City was approaching maximum capacity. Mayor Ellison pointed out that the City must work with the County to include Cliff Road in the 1990 upgrade plan. Councilmember McCrea informed the developer it should be prepared to discuss the traffic solutions. Councilmember Egan asked what steps were necessary to involve the County. Public Works Director Tom Colbert explained. Councilmember Egan questioned the HRA's position on the senior citizen housing. Community Development Director Dale Runkle responded that the funding was available until April of 1991. Page 9/EAGAN CITY COUNCIL MINUTES February 7, 1989 Councilmember Wachter asked for a clarification of the trees removed. Mr. Erkkila explained. Wachter stated they should be prepared to answer in 30 days. Councilmember Gustafson concurred. Egan moved, Wachter seconded, the motion to continue to the March 7, 1989, City Council meeting: (1) The comprehensive guide plan amendment from D-III to CPD; (2) Rezoning from Agricultural to Planned Development; (3) Preliminary plat entitled Park Center Addition; and (4) A conditional use permit for pylon signs. All voted in favor. SIGNAL BANK/CONDITIONAL USE PERMIT City Administrator Tom Hedges introduced the matter to the Council. Community Development Director Dale Runkle outlined the development and explained the change in the Denmark access. He stated the building was set back an additional seven feet. Councilmember Egan questioned if the spacing was reasonable for two access points. Public Works Director Tom Colbert stated yes. Councilmember Gustafson had questions regarding the number of drive-throughs. Mr. Runkle stated there were five shown and an additional one proposed. Councilmember McCrea pointed out there was a substantial change from the APC proposal and that the APC should have reviewed the new proposal. Mayor Ellison suggested that the APC should vote yes with conditions rather than voting no so often. Chuck Dorsey, Mike Michou, John LeMay and Dave Anderson were present representing the applicant and stated they were available for questions. Mayor Ellison thanked them for their concessions. Gustafson moved, Wachter seconded, the motion to approve the conditional use permit to allow a drive-through for Signal Bank on Lot 1, Block 1, Town Centre 100 Addition. All voted in favor. Gustafson moved, Egan seconded, the motion to approve a pylon sign for Signal Bank on Lot 1, Block 1, Town Centre 100 2nd Addition, subject to the following condition: 1. The sign shall be subject to the Eagan sign ordinance fee of $2.50 per square foot and all other applicable ordinances. All voted in favor. NAME CHANGE FOR REALIGNED PORTION OF RAHN ROAD City Administrator Tom Hedges explained the necessity for the name change to the Council. Page 10/EAGAN CITY COUNCIL MINUTES February 7, 1989 McCrea moved, Egan seconded, the motion to approve the renaming of Rahn Road south of Cliff Road to Rahn Cliff Road. All voted in favor. OAK CLIFF POND 2ND ADDITION/EXTENSION OF PRELIMINARY PLAT APPROVAL Community Development Director Dale Runkle explained the need for the extension to the Council. Egan moved, Wachter seconded, the motion to approve an extension of the preliminary plat approval for Oak Cliff Pond 2nd Addition for one year to February 8, 1990. All voted in favor. NEW HORIZON CHILD CARE/PYLON SIGN/CONDITIONAL USE PERMIT Community Development Director Dale Runkle presented the application to the Council. McCrea moved, Gustafson seconded, the motion to approve the conditional use permit allowing a pylon sign for New Horizon Day Care, subject to the following condition: 1. The sign shall be subject to the Eagan sign ordinance fee of $2.50 per square foot and all other applicable ordinances. All voted in favor. WAIVER OF PLAT/JONATHAN IVERSON FOR CENTURY ADDITION Community Development Director Dale Runkle explained the application to the Council. Gustafson moved, McCrea seconded, the motion to approve a waiver of plat to allow a conveyance of land sale located on Lot 2, Block 1, Century Addition to Randy Iverson, subject to the following conditions: 1. Within thirty days of approval, the applicant shall record the waiver of plat with Dakota County. 2. The joint parking easement shall be completed before the parking expands. 3. The development is responsible for the extension of water and sanitary sewer service to the westerly adjacent parcel. 4. There shall be a combination of lots to prevent tax forfeiture. Page it/EAGAN CITY COUNCIL MINUTES February 7. 1989 5. All other applicable City Codes shall be complied with. All voted in favor. R 89-4 CRAY RESEARCH/REZONING AND PLANNED DEVELOPMENT City Administrator Tom Hedges presented the application to the Council. Ron Zamansky (Cray Research representative) informed the Council he was available for questions. Councilmember Egan asked what classification the land was going to be rezoned. Community Development Director Dale Runkle stated it would be a Planned Development with Limited Business and Research and Development. Councilmember Egan questioned if Cray Research would accept the restrictions. Mr. Zamansky stated yes. Councilmember McCrea stated she felt it was an acceptable exception for rezoning. Councilmember Wachter had concerns about the land to the north. Mr. Runkle stated that the future owners would have to rezone. Mayor Ellison pointed out that Cray Research was a unique situation and that the Council would not do the same for everybody. Councilmember Wachter reported that the site had an interesting history. Gustafson moved, Egan seconded, the motion to approve the rezoning of 40 acres from R-4 and R-1 to Planned Development as requested by Cray Research described as the north side of Lone Oak Road and east of the existing Cray Research campus. All voted in favor. ORDINANCE AMENDMENT/PUBLIC DESIGN ORDINANCE AMENDMENT/SUBDIVISION PLATTING REQUIREMENTS City Administrator Tom Hedges introduced the matters to the Council. Public Works Director Tom Colbert gave a presentation on public design, what was proposed, how it came about and what issues are involved. He also gave a history of public improvements in Eagan and referenced the past consulting engineers and developers. He described some of the problems with the current policy and stated that the standards differ and the quality differ. He stated it was difficult to enforce revisions of the plans already created. He requested City involvment in the design process and stated it would improve the performance of public improvements. He outlined the current problems faced by the City. He pointed out the ordinance would give Eagan the ability to resume design of public improvements. He pointed out the Developers' Task Force was involved in the process and had input in the matter. He reported that some of the developers did not support the policy but that the guidelines seemed to address the majority of the developers' concerns. He further stated that the City staff would work with the developers. Page 12/EAGAN CITY COUNCIL MINUTES r*~ February 7, 1989 Mr. Colbert also addressed the issues outlined in the developers' petition and his response to their statements. He reiterated that the ordinance was in the best interest of the City and referenced the procedures and guidelines which were contained in the Council packet. Community Development Director explained the three-step subdivision process. He stated the ordinance was in response to the developers' request. He explained the developers' concerns and how those concerns were addressed in the revised policy. He indicated that most issues had been worked out with the developers. Mayor Ellison requested suggestions for improvements of the policy. Ron Helmer (United Mortgage) would prefer leaving well enough alone. He stated that the job is only as good as the engineer doing the job. He stated they had more flexibility and they should have control of their own money. He requested leaving the ordinance as it was to retain flexibility. Councilmember Gustafson had concerns regarding the cost to developers. He requested clarification of some of the issues. Mr. Helmer stated the City did not have the flexibility that the developer has. Ralph Wagner (consulting firm) stated he would be deprived of a major portion of his business. He did not believe the new ordinance helped Eagan and that the present ordinance should remain in effect. Peter Molinaro (Pioneer) was opposed to the change. He questioned how the fault would be allocated between the City and the developer. Mr. Colbert explained the procedure for review of grading and drainage. Mr. Molinaro questioned what would happen if changes were needed. He stated the new ordinance did not address those problems. Councilmember McCrea questioned the new policy's effect on the engineering quality. Mr. Colbert stated that the consulting engineers know the City's standards. The City would coordinate from the preliminary developer design. Councilmember Egan questioned the redundancy of design. Mr. Colbert stated the 30% figure was more than just engineering. He stated the consulting fees would be based on an hourly rate, rather than a percentage fee which would eliminate redundancy. Bill Pritchard (Orrin Thompson) was very opposed to the policy. He stated he believes in the free enterprise system and felt there was redundancy. He stated that private installation reduces the cost Page 13/EAGAN CITY COUNCIL MINUTES February 7, 1989 by $500 to $600 per lot. He stated their engineers were reliable and that they require experience in the community. Councilmember Gustafson questioned who would pay for the mistakes. Mr. Pritchard stated the cost would be shared. Councilmember Egan questioned if the extension of the warranty would provide a solution. Mr. Colbert stated no, that the developer could still deny liability. Councilmember Wachter pointed out that the City of Apple Valley required public design. Scott Oakes (Frontier) was opposed to the proposal and stated that creativity would be diminished. He further stated that the City's view was not always the most economical and that timing was crucial. He suggested that a review of the major problems in the past could provide answers to solve future problems. Councilmember Gustafson questioned how the City would provide for costs control if private firms could install cheaper and at the same quality. Mr. Colbert stated the developer would chose the lesser cost whereas the City would create uniformity without a substantial increase in cost. Mark Parranto (Delta) remarked that the job of the government was to govern and not create. He stated this was a free enterprise system and that the ordinance was socialistic in nature. He stated the system had worked well up to this point and that the same problems would result in a public design. He further stated the City had never had the policy to provide all consulting engineers. He reviewed the history of Eagan public improvements. He had concerns regarding charges of power abuse by the City. He felt that a possible solution would be to hire sufficient staff, which would be a cost increase. He reported that the City had never paid for their mistakes. Rick Packer (Sienna) explained to the Council why he used private engineers. He stated it gives him more control and supervision and that they know his development which consultants do not. He stated the City should strengthen its review process. Paul Thomas (Meritor) concurred with the previous developers. He felt the present policy was adequate, with proposed modifications. Brad Swenson (Tri-Land) pointed out that the City currently has control and he described the current standards and procedures. He felt the current system has checks and balances. Randall Hedlund (engineer) stated his firm did a good job for his clients and that small firms like his were endangered by the new policy. Page 14/EAGAN CITY COUNCIL MINUTES = V February 7, 1989 Councilmember Gustafson questioned the engineering cost breakdown. Mr. Colbert stated that 14$-15% was for City work. He questioned how much money was being lost. Paul Thomas explained his cost breakdown. Rick Packer stated it would be 50% of the total bill. Mayor Ellison questioned how the City would expedite the development procedure. Mr. Colbert stated that the timing was dependent on the type of project and that it should not take any longer than it currently does. He stated the City has an excellent track record and also that the City has added personnel. Councilmember McCrea stated the City should remain in the role of monitoring and oversight and should not be in the role of creating, and that the present policy could be taken and modified to address the City's concerns. She stated the City could set greater specifications and that it would be easier to review others' work than your own work. She felt the private sector needed to control its own developments. She was concerned that the City was increasing the work load without increasing staff. Councilmember Wachter disputed Mark Parranto's claims and stated he was concerned about the City retaining control. He wanted uniformity and felt the City was better off with a public system. Councilmember Egan pointed out that there are specific examples of problems in the City. He stated he had kept an open mind and felt there was a valid argument for both sides. He stated everyone wanted control but felt that the commercial developers were in a unique situation. He remarked that the developer had an overall greater interest in the project than the City. He stated it was a tough call but he felt that the developers' private option seemed to balance better than the City's public option. Councilmember Gustafson stated that the City had the right to do the work and that he was not concerned with creativity. He felt that sewer and water was City wide and stated he was leaning toward leaving the policy the way it was. He stated that if the City didn't change the policy, the status quo must change. He stated the developers and engineers must work with the City. Mayor Ellison stated he gave a great deal of credit to the City staff for the proposal. He felt the policy was a bit of an intrusion into the free enterprise system. He stated that accountability was important and that the City inherits the infra-structure. He suggested continuing the matter for 30 days for review and a proposal for a change in the existing policy that would help solve the current problems. Public Works Director Tom Colbert stated that if the Council desired the present policy, the staff would continue to work with the Page 15/EAGAN CITY COUNCIL MINUTES February 7, 1989 developers in an excellent manner. He requested the Council to resolve the issue. Councilmember Gustafson appreciated the option of a continuance. Councilmember Egan stated the matter should not be continued if it did not help the situation. Mayor Ellison withdrew his suggestion. Ellison stated the staff should make the policy as workable as possible. Councilmember Wachter requested clarification of the Council action. Egan moved, McCrea seconded, the motion to deny an amendment to Chapter 13 of the subdivision ordinance that requires all public infra-structure to be designed by the City of Eagan. Gustafson, McCrea and Egan voted in favor; Ellison and Wachter voted against. The motion passed. City Administrator Tom Hedges stated that the previous action was an affirmation of the democratic process. Egan moved, Gustafson seconded, the motion to approve the amendment to Chapter 13, entitled "Subdivision Regulations (Platting)" by amending Section 13.10 regarding the application procedures and approval process, and by amending Section 13.30 regarding the data and design standards, as presented. All voted in favor. RECYCLABLE CONTAINERS STORAGE/SHORT TERM LEASE Gustafson moved, McCrea seconded, the motion to approve the lease agreement between the City of Eagan and R. L. Johnson Investment Company for short term storage space for recyclable containers. All voted in favor. ECONOMIC DEVELOPMENT COMMISSION RECOMMENDATION TO RE-DO SLIDE SHOW Councilmember Wachter felt it was a lot of money and that perhaps it was not necessary. Councilmember McCrea stated she felt it was important to keep the existing businesses healthy. She felt a magazine would be more topical and accessible. Mr. Wachter concurred. Councilmember Gustafson felt a video tape or magazine would be better but felt they should go forward. City Administrator Tom Hedges further explained the concept. McCrea moved, Egan seconded, the motion to approve authorization to the Economic Development Commission to prepare a request for proposal for the purpose of preparing a new slide show/audio presentation. All voted in favor. Page 16/EAGAN CITY COUNCIL MINUTES February 7, 1989 w= ~1~ ECONOMIC DEVELOPMENT COMMISSION PARTICIPATION IN METRO EAST TRADE FAIR Wachter moved, McCrea seconded, the motion to approve authorization to participate in the second annual Metro East Trade Fair at a cost of $100.00. All voted in favor. SPERRY RESERVOIR ANTENNA FACILITIES (AIR SIGNAL, INC.)/LEASE AGREEMENT Public Works Director Tom Colbert informed the Council that the space was just being leased. Egan moved, Gustafson seconded, the motion to approve the lease agreement with Air Signal, Inc., for antenna facilities on the Sperry Reservoir and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. CLIFF ROAD ACCESS STUDY Public Works Director Tom Colbert requested the Council endorse the Cliff Road access study. McCrea moved, Egan seconded, the motion to approve the Cliff Road access study. All voted in favor. INFORMATIONAL ITEMS City Administrator Tom Hedges updated the Council on the airport noise; discussed the sister city concept and reviewed the Seneca Plant expansion update. Public Works Director Tom Colbert stated the Metro Waste Water Service was requested by the MWCC. Mayor Ellison requested an executive session to discuss the personnel issue. Egan moved, Wachter seconded, the motion to acknowledge dismissal of a full-time employee. The disclosure of the name of the employee would not be disclosed until procedural requirements were completed. All voted in favor. BUD UPDATE Parks and Recreation Director Ken Vraa updated the Council regarding HUD. McCrea moved, Wachter seconded, the motion to authorize the purchase of the HUD property for parkland at the southwest intersection of Diffley and Lexington. All voted in favor. Page 17/EAGAN CITY COUNCIL MINUTES February 7, 1989 BILLS Gustafson moved, Egan seconded, the motion to approve the checklist dated January 31, 1989, in the amount of $893,562.11; the checklist dated February 6, 1989, in the amount of $457,507.64; and the checklist dated February 7, 1989, in the amount of $309,694.95. All voted in favor. ADJOURNMENT The meeting was adjourned at 12:30 p.m. CITY OF EAGAN S~-- k~ft ~ L By: J. VanOverbeke Its: City Clerk Subject to Approval MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA February 16, 1989 A special meeting of the Eagan City Council was held on February 16, 1989 at 7:00 p.m. in the City Council Chambers of the Eagan Municipal Center Building. Those present were Mayor Ellison, City Councilmembers Egan, Gustafson, McCrea and Wachter. Also present were Director of Public Works Colbert, Director of Parks and Recreation Vraa and City Administrator Hedges. CANVAS OF ELECTION RETURNS FOR FEBRUARY 14, 1989 SPECIAL ELECTION City Administrator Hedges presented the returns for the February 14, 1989 City Special Election. The results of each election are to be presented to and approved by the City Council within two days after the election. The results on the question "Shall the City Council of the City of Eagan be authorized to issue its general obligation bonds in an amount not to exceed $7,700,000 for the purpose of constructing, furnishing and equipping a community center including a swimming pool, an ice arena, a gymnasium and activity rooms." were as follows: Precinct Yes No Total 1 44 163 207 2 50 101 151 3 102 32 134 4 73 157 230 5 62 160 222 6 82 162 244 7 104 201 305 8 222 250 472 9 102 227 329 10 103 237 340 11 176 382 558 12 257 368 625 13 465 620 1085 14 77 221 298 TOTALS 1919 3281 5200 After a brief discussion regarding election results, the City Administrator was asked to monitor reasons why residents voted no on the referendum to assist the City Council with a future direction regarding the proposed community center project. In a motion by City Councilmember Wachter, seconded by Egan, with all members voting in favor, a motion was adopted to approve the canvas of ballots for the election as presented.