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11/15/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 15, 1988 A regular meeting of the Eagan City Council was held on Tuesday, November 15, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustaf son and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, Community Development Director Dale Runkle and City Attorney James Sheldon. AGENDA Gustafson moved, Wachter seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES November 1. 1988. Councilmember McCrea requested a correction on page 10, paragraph 5, changing "west land." to "land to the west." She also requested a change on page 16, paragraph 4, deleting "20% of the". Dave Gustafson requested a change on page 13, first paragraph, rewording the motion to read "Wachter moved, Gustafson seconded, the motion to request the County to install a temporary concrete median and request a full median extension on Cliff Road to improve the safety of the right-in and right-out turn movement from the Rahncliff 2nd Addition. All voted in favor." Mayor Ellison requested a change on page 8, paragraph 2, from "piling of peat" to "removal of peat". Wachter moved, Egan seconded, the motion to approve the minutes for the November 1, 1988, regular meeting as amended. All voted in favor. STREET NAME CHANGE, HAEG COURT IN DODD FARM ADDITION City Administrator Tom Hedges informed the Council of a request received from Mark Calvin Construction to change the street name Haeg Court to Calvin Court. He stated' a resolution would be filed with the final plat at both the City and the County levels. Wachter moved, Gustafson seconded, the motion to approve the change in street name of Haeg Court to Calvin Court. All voted in favor. R-88.86 Page 2/CITY COUNCIL MEETING MINUTES November 15, 1988 DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT AWARD Tim Kelly presented the City of Eagan with an award in recognition of their efforts in practicing conservation measures within Dakota County. He commended the City Council and the City staff and also recognized Tom Colbert and Mike Foertsch for their efforts. Dwaine Otte presented an award to the Mayor. Mayor Ellison stated it was an honor for the City and he commended the staff for their excellent work. CONSENT AGENDA A. Personnel Items. 1. Combination Building Inspector. It was recommended to approve the hiring of Dale Schoeppner as a combination building inspector, contingent upon successful completion of the City's physical examination requirement. 2. Seasonal Utility Maintenance Worker. It was recommended to approve the hiring of Scott Provost as a seasonal utility maintenance worker. B. Resolution Proclaiming November 30 as Eagan and Burnsville Public Access Volunteer Appreciation Day. It was recommended to approve a resolution proclaiming November 30 as Eagan and Burnsville Public Access Volunteer Appreciation Day. C. Project 554, Authorize Payment for Easement Acquisition (General Electric Supply Company - Storm Sewer). It was recommended to authorize payment of $500.00 for easement acquisition for Project 554 (General Electric Supply Company - Storm Sewer). D. Vacate Utility and Drainage Easement. Receive Petition/Set Public Hearing (Lots 5 and 6. Block 2. Blackhawk Glen 2nd Addition). It was recommended to receive the petition to vacate a common lot line drainage and utility easement over Lots 5 and 6, Block 2, Blackhawk Glen 2nd Addition, and schedule a public hearing to be held on December 6, 1988. E. Contract 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting). Page 3/CITY COUNCIL MEETING MINUTES November 15, 1988 It was recommended to approve the third and final payment for Contract 87-34 (Sperry Reservoir - Repainting) in the amount of $19,615.40 to Rainbow, Inc., and accept the project for perpetual maintenance. F. Approve Final Plat, Stoney Pointe 2nd Addition. It was recommended to approve the final plat for the Stoney Pointe 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.87 G. Approve Specifications/Authorize Advertisement for Bids for Recyclable Containers. Jon Hohenstein answered the Council's questions regarding the matter. It was recommended to approve the specifications and authorize advertisement for bids for recyclable containers. Gustafson moved, Wachter seconded, the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. DEPARTMENT HEAD BUSINESS Mike Reardon reminded the Council that November 30, 1988, was Public Access Volunteer Appreciation Day and an awards presentation would be held from 6:00 to 8:00 p.m. Chief Southorn informed the Council that Station 5 was now open. Councilmember Egan stated he was pleased to hear that Station 4 was now staffed. Mayor Ellison questioned the grand opening plans. Chief Southorn stated the grand opening would be in the near future. Councilmember Wachter objected to the Blackhawk stop signs. Special Council Meeting/November 29. 1988 City Administrator Tom Hedges reported that a special meeting had been set for November 29, 1988, at 7:00 p.m. Egan moved, Wachter seconded, the motion to schedule a special council meeting on November 29, 1988 at 7:00 p.m. for further review of the Community Center plan. All voted in favor. COMMUNITY CLEAN-UP YEAR - 1989 City Administrator Tom Hedges informed the Council that 1989 was Community Clean-up Year. He questioned if it was the concensus of the Council to defer the relocation of the City Hall and pursue County yy Ar y ^..T^ Page 4/CITY COUNCIL MEETING MINUTES !k-~ November 15, 1988 funding. Councilmembers McCrea and Wachter were in agreement to wait to contact the County. Hedges questioned if he should contact various service organizations for their involvement. Councilmembers Egan and McCrea agreed that he should contact service organizations. (E EERATE I4i 1990 Councilmember Gustafson moved and Councilmember Egan seconded the motion that the City would participate in the Celebrate MN 1990 Grant Application. Ted Wachter was authorized as contact person for this program in behalf of the City of Eagan. All voted in favor. R-88.88 VACATE PUBLIC RIGHT-OF-WAY/APOLLO ROAD Public Works Director Tom Colbert updated the Council on the matter and informed them that several City utilities exist within the alignment. He stated it would be necessary to retain all appropriate. drainage and utility easements while vacating only the public right-of-way along the alignment. Bob Worthington (Opus) supported the vacation and stated he was available for questions. Mr. Colbert suggested requiring the appropriate combination of lots to eliminate any landlocked properties. Egan moved, Wachter seconded, the motion to close the public hearing and approve the vacation of public right-of-way for Apollo Road between Mike Collins Drive and Trunk Highway 149, subject to the appropriate combination of lots to eliminate any landlocked properties. All voted in favor. FINAL ASSESSMENT HEARING (YANKEE DOODLE ROAD) Public Works Director Tom Colbert summarized the history on the matter. Charles Bartholdi (on behalf of Federal Land Company) recapped past objections and stated they were withdrawing their objection to the assessment. Councilmember Egan questioned if the O'Neil parcel would be removed. Mr. Colbert stated it would not be removed. Wachter moved, McCrea seconded, the motion to close the public hearing and approve the final assessment roll for Project 461 (Yankee Doodle Road - 35E to Lexington Avenue) and authorize the certification to the County. All voted in favor. PRELIMINARY PLAT/SENECA PLANT ADDITION/MCC City Administrator Tom Hedges recapped the history on the matter and introduced Becky Comstock, an attorney who is an expert in the environmental law who is reviewing and assisting in the preparation of conditions addressing the odor issue. Ms. Comstock issued a revised agreement to the Council. Page 5/CITY COUNCIL MEETING MINUTES November 15, 1988 Representatives of Metcalf and Eddy informed the Council of their consulting qualifications. Ms. Comstock stated she had toured the plant, reviewed the documents, and drew up proposed conditions and an agreement. She recapped the changes to the Development Agreement. She stated the ultimate action on the matter would be a conditional approval, subject to a purchase agreement and entering into an approved Development Agreement. She explained the provisions of the proposed Development Agreement. She stated the language in the agreement was disputed by MWCC and she presented compromise language. She informed the Council she was available for questions. Consultant John Wood recapped the review procedure. He was confident the agreement would eliminate the problems. Councilmember Gustafson requested clarification of Section 4.2. Ms. Comstock explained the options. Gustafson questioned what would happen after 1992. Ms. Comstock stated the development of an odor control process would address that issue. She stated the upgrade would coincide with the new Seneca expansion. Mr. Gustafson stated that 17 years of a process had not solved the problems. He questioned the purchase of surrounding property. Ms. Comstock stated the citizens had statutory remedy if the property was "taken". She stated common law nuisance was also available. Councilmember Egan shared Mr. Gustafson's concern regarding enforcement. He would like more control after 1992. He felt the MWCC had too much discretion. He questioned other points and stated he felt the MWCC retained discretion in Section 3.1(a). Ms. Comstock explained the process and stated that the installed equipment would be the best odor reduction available. Councilmember Egan reiterated his concern regarding control after 1992. Ms. Comstock stated it was difficult to set a standard for odor. The consultant explained the difficulty of odor measurement. He reported that if the equipment was not working, the state would inspect. Mayor Ellison commented that at the last Council meeting, the Council had recognized that their leverage was the permitting process. Councilmember Egan asked why independent consultants wouldn't apply to the other provisions. The consultant stated those areas were studied out. Mr. Egan asked for an explanation of a scenic easement. City Attorney Jim Sheldon stated it was for a wildlife area. Councilmember Egan also had questions regarding Section 3.3(c) regarding the sludge management and Section 4.4 regarding the procedural aspect. Ms. Comstock outlined the options. Egan questionea Page 6/CITY COUNCIL MEETING MINUTES November 15, 1988 the procedure if the MWCC did not address the committee's concerns. Ms. Comstock explained the options. Councilmember Wachter declared that the past history created skepticism on his part. He stated there were "no teeth" in the agreement. He felt it should state "A fine would be imposed when equipment failed". Councilmember McCrea stated that the state and the PCA monitored the equipment but questioned if the City could enforce the violations and how they would enforce them. Mayor Ellison felt the City could not make MWCC submit carte blanche to citizens' groups and felt there was an enforcement problem. Councilmember Gustafson felt the Council should proceed in some way at the meeting. He felt that if the odor problem continued, the citizens should be able to have their property purchased. He questioned if the citizens have that right. Becky Comstock stated that it would be through the PCA only and it would be inverse condemnation. Mr. Sheldon stated that neither the City nor the MWCC had authority to give money away. Jim Hiniker (MWCC) informed the Council that the MWCC was operating in good faith and desired to be a good neighbor. He stated they could approve the agreement as amended and felt spirit and effort was important. Betty Bassett, 2101 Wuthering Heights Road, asked where the park location was and had questions concerning the ponds not being covered. She was concerned regarding meaningless input and felt it was unfair making them sue MWCC. John Wesley, 1747 Bluebill, presented a zoning letter to the Council. City Attorney Jim Sheldon stated the zoning was proper and reviewed the zoning history. He stated the use was not non-conforming and that the zoning was never questioned by the City for 17 years. He explained it would be difficult to change now. Mayor Ellison explained that the minutes could be made available. John Wesley questioned why past odor problems had not been addressed. The consultant stating that odor control was not an add-on. Mr. Wesley stated the agreement gave them no new rights and disagreed with the consultant's conclusions. He stated the PCA was evaluating the odors. He had concerns regarding Seneca's compliance. Mayor Ellison stated the PCA was in a better enforcement position than the City. Ted Tennis, 2135 Wuthering Heights, questioned the zoning and wanted the clarifiers covered. He had concerns regarding the safety of the gas storage and asked when the odors would cease. Mr. Sheldon Page 7/CITY COUNCIL MEETING MINUTES November 15, 1988 stated the zoning was determined I-1 at the time of the installation and that the zoning was reviewed at the permit stage for 17 years. Terrell Fridley (Attorney for Citizens Against Seneca Expansion) felt there was not enough review time concerning the agreement and stated he wanted time to respond and be involved. Mayor Ellison questioned why the ponds were not covered and when the odor control would take place. Mr. Hiniker stated it was not feasible to cover the ponds and the odor control would be staged. John Melom, 3680 Ashbury Road, addressed his concerns regarding the odors and stated he felt there were "no teeth" in the agreement. Councilmember McCrea had concerns regarding the scenic easement and questioned if it would be permanent. She questioned Eagan's legal options. Mayor Ellison stated he felt they could not bind a future council. Mr. Sheldon informed the Council the final agreement would answer most concerns. Councilmember Wachter stated he felt Eagan was taking the brunt for other communities. Councilmember Gustafson outlined his concerns regarding fining. Councilmember Egan stated he felt the MWCC was similar to a public utility which the City could regulate. He felt Eagan was best suited to monitor compliance and that every effort must be made to regulate the procedures. He felt the City had no control after 1992. He stated MWCC could report and be audited. Mayor Ellison remarked that the only way to control odors was to get going on the procedure. He further stated that hired experts knew more than the Councilmembers on the issue and that the City was not in the waste control business. He stated they were already forcing MWCC to spend millions on odor control and that the City could pursue their legal options. He wanted the process moved forward. Councilmember McCrea felt several concerns needed to be addressed and questioned if "teeth" could be put into the citizens' committee. She also questioned if other issues could be addressed. Ms. Comstock stated that the agreement could be modified and that the odor control program required standard operating procedures. Councilmember Egan questioned if the equipment had warranties. The consultant explained the safeguards. Gustafson moved, McCrea seconded, the motion to approve the preliminary plat entitled "Seneca Plant Addition" consisting of 87.83 acres for the expansion of the Seneca Waste Water Treatment Plant located west of Comanche Road in the west half of Section 17 and the east half of Section 18, subject to the following conditions: 1. The incorporation of the agreement; Page 8/CITY COUNCIL MEETING MINUTES November 15, 1988 2. Eagan citizen input; 3. Execution of the Development Agreement; and 4. Final approval of the Development Agreement by the City Council at the December 6, 1988, City Council meeting. 5. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bl, B2, B4, Cl, C2, C4, Dl, El, Fl, and G1. 6. Either condemnation is expedited or the owner of the property sign the preliminary plat application before the preliminary plat will be approved. 7. The applicant must meet all ETB and PCA rules and regulations for the development of this property. 8. The development is required to limit the elevation of the proposed earth mounds to not exceed the elevation of 780. Ellison, McCrea and Gustafson voted in favor; Egan and Wachter voted against. The motion passed. The Council discussed which points in the agreement needed revision. Councilmember McCrea stated that legal counsel and the experts should continue to address the conditions. There was much Council discussion regarding enforcement. Councilmember Egan stated the Council has the accountability and it should set up the methodology. PRELIMINARY PLAT/ROSEAGAN ADDITION Community Development Director Dale Runkle detailed the history on the matter. He stated the APC recommended approval of the matter. The developer informed the Council that the acreage would remain the same but that Lot 5 would be rounded. He objected to the assessments and stated he felt the improvements should be assessed when they were completed and not before that time. Bob Hawkins, 4711 Dodd, reported that he was opposed to the City sewer and water. John Runkus, 4880 Dodd, informed the Council he was opposed to the sewer and water. Mayor Ellison questioned if there was a need to levy the assessments. Public Works Director Tom Colbert stated it was a policy issue. He explained how the comp guide directed past City expenditures and explained the dilemma. He stated that acquiring Page 9/CITY COUNCIL MEETING MINUTES November 15 , 1988 assessments in the future would be near to impossible. City Administrator Tom Hedges remarked that the issue had come up before and that experience showed that problems would arise. Councilmember Egan agreed with Mr. Hedges. Councilmember McCrea requested a description of the surrounding property. Mr. Runkle described the surrounding property. Councilmember Wachter stated he felt that in the future wells may be a problem. Doug Johnson, 4775 Dodd, had concerns regarding sewer and water and stated that areas around the development had five acre lots. Councilmember Egan stated that storm sewer was not being brought in at this time. Mayor Ellison advised that land values would increase and that lots would probably subdivide. There was discussion regarding sewer and water. McCrea moved, Ellison seconded, the motion to approve the preliminary plat for the Roseagan Addition, waive the assessments, and amend the Comprehensive Guide Plan, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: B-1, B-3, C-2, E-1, F-1 and G-1. 2. No expansion of the existing business of Lot 5 shall be permitted. 3. The well and septic systems shall conform to WPC40 standards. 4. Lots 1 and 4 shall be limited to one single family residence. McCrea voted in favor; Wachter, Gustafson, Ellison and Egan voted against. The motion failed. City Administrator Tom Hedges stated that the previous motion would need APC action and a public hearing if it were passed. Councilmember Gustafson stated he was concerned that should sewer and water be installed, who would pay. Public Works Director Tom Colbert stated the looping would occur further to the north and that the Council should re-zone forever or collect the assessments at the present time. Mayor Ellison stated the City could eat the cost now and collect it when it is developed. Councilmember Egan stated he was opposed to the motion for several reasons and felt that flexibility would be lost, the comp guide change would be difficult and that it was bad policy. Egan moved, Wachter seconded, the motion to approve the preliminary plat and variance to the Roseagan Addition, subject to the following conditions: Page 10/CITY COUNCIL MEETING MINUTES November 15, 1988 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: A-1, B-1, B-3, C-2, E-i, F-1 and G-1. 2. No expansion of the existing business of Lot 5 shall be permitted. 3. The well and septic systems shall conform to WPC40 standards. 4. Lots 1 and 4 shall be limited to one single family residence. 5. The deferrment of the street assessments until the street is upgraded. Egan, Wachter and Ellison voted in favor; McCrea and Gustafson voted against. Councilmember McCrea stated she felt the impact fee was too high. There was further discussion regarding the assessment policy. COPY MACHINE/AUTHORIZE LEASE-PURCHASE (MUNICIPAL CENTER) City Administrator Tom Hedges set forth the background on the matter. Egan moved, Wachter seconded, the motion to approve the recommendation of the City staff to acquire the Kodak 235AF copier through the three-year lease/purchase option and to direct the staff to process the necessary agreements. All voted in favor. BANKING SERVICES AGREEMENT City Administrator Tom Hedges informed the Council that at the October 6, 1988, Council meeting staff was authorized to proceed with the request for proposals to provide banking services for a three-year period beginning January 1, 1989. He stated the apparent low provider was First Bank Eagan. Wachter moved, Gustafson seconded, the motion to designate First Bank Eagan for the purpose of acting as official depository and providing various banking services to the City of Eagan for calendar years 1989, 1990 and 1991. All voted in favor. AMENDMENT TO CITY CODE/SWIMMING POOL FENCING City Administrator Tom Hedges explained the request for an amendment to City Code regarding swimming pool fencing. Councilmember McCrea agreed there was a need for the amendment. Councilmember Gustafson requested a minor change in that the fencing must be installed by May 15, 1989. Mayor Ellison agreed with this suggestion. Page 11/CITY COUNCIL MEETING MINUTES November 15, 1988 Egan moved, Wachter seconded, the motion to approve an amendment to the City Code that requires fencing for both existing and new swimming pools with the exception of above-ground outdoor swimming pools having at least four foot high vertical or outward inclined sidewalls, with said fencing on existing swimming pools to be installed by May 15, 1989. All voted in favor. OFF-SALE BEER LICENSE/CUB FOODS Wachter moved, Gustafson seconded, the motion to approve the off-sale beer license for Cub Foods at Cliff Lake Galleria. All voted in favor. CLARIFICATIONS OF TRAILWAY/ENGSTROMS DEERWOOD ADDITION City Administrator Tom Hedges informed the Council the trailway had not been constructed to date and that the developer was requesting consideration by the City Council to eliminate that condition of the final plat as it was concerned for the safety of the children in the neighborhood. He further stated that the Director of Parks and Recreation had also addressed the trailway issue and raised some concerns regarding its installation. Bob Engstrom outlined his concerns regarding the trail and stated it would be too dangerous. Councilmember Egan questioned if the trailway would be jeopardized. Mr. Colbert recapped the history. Mr. Engstrom stated the grading was poor. Mayor Ellison favored Mr. Engstrom's proposal. Buffy Mobroten (salesperson in area) stated the buyers' were opposed and outlined their problem. Steve Barthlet (Lot 17) was concerned with the family environment. Howard Kyllo stated that the children to the west walked to school. Councilmember Wachter stated that if there were no trail, the children would cross the lots. Councilmember Egan stated he felt there was a real safety issue. Egan moved, Gustafson seconded, the motion to approve the removal of a trailway connection from Pilot Knob Road to Deerwood Addition as a condition of final platting. Engstrom. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. VARIANCE/COUNTRY HOLLOW ADDITION/PROGRESS LAND COMPANY Community Development Director Dale Runkle presented the matter to the Council. Page 12/CITY COUNCIL MEETING MINUTES November 15, 1988 Warren Israelson (applicant) expressed his concerns regarding the loss of the trees. Mayor Ellison questioned why the street was so far south. The applicant stated because of the ponding to the north. Mr. Colbert questioned the developer's progress. Wachter moved, Egan seconded, the motion to continue the ten-foot front yard setback variance for Lots 3 through 11, Block 3 and a five-foot front yard setback variance for Lot 12, Block 3, Country Hollow Addition to the December 6, 1988, Council meeting. All voted in favor. VARIANCE/RHC ASSOCIATES JOINT VENTURE I Community Development Director Dale Runkle summarized the matter for the Council. Richard Natala (applicant) explained the request, the hardship and the location for the variance. City Administrator Tom Hedges stated there was a procedural point. Mr. Sheldon stated there was no provision for a variance in the sign ordinance. Mr. Wachter stated he felt the sign would be seen on Cliff Road. Wachter moved, Gustafson seconded, the motion to deny the 23-foot variance to the 50-foot required pylon sign height as requested by RHC Associates Joint Venture I for Outlot E, Cliff Lake Center. All voted in favor. WAIVER OF PLAT/MERITOR CORPORATION/LEXINGTON SQUARE 4TH ADDITION/LEXINGTON SQUARE 7TH ADDITION Community Development Director Dale Runkle stated that the request for the waiver of the plat would rectify an error in the plat surveys by shifting a lot line to the north approximately 14 feet at the right-of-way. He stated the APC recommended approval. The applicant was not present at the meeting. Egan moved, McCrea seconded, the motion to approve the waiver of plat for Meritor Development Company to relocate common property lines between Lot 1, Block It Lexington Square 7th Addition and Lots 1 and 2, Block 2, Lexington Square 4th Addition, subject to the following conditions: 1. The granting of an additional drainage and utility easement covering five feet north of the new property line. 2. No sideyard setback variances shall be allowed on Lot 1, Block 1, Lexington Square 7th Addition. Page 13/CITY COUNCIL MEETING MINUTES November 15, 1988 3. Parcel A shall be combined with Lot 1, Block 2, Lexington Square 4th Addition and Parcel B shall be combined with Lot 2, Block 2, Lexington Square 4th Addition. All voted in favor. R-88.89 WAIVER OF PLAT/NATIONAL COMPUTER SYSTEMS/EAGANDALE INDUSTRIAL PARK 1ST ADDITION Community Development Director Dale Runkle introduced the matter to the Council. Bob Worthington (Opus) stated he had a concern regarding proposed condition number 1 regarding pre-payment of the assessments. He stated the County allowed the access onto Lone Oak and that Opus would dedicate easements. He presented diagrams of the site. He stated Opus would not protest the assessments when the improvement was made and requested deferral until that time. Councilmember Egan questioned the County's plan for Lone Oak. Mr. Colbert stated it was not in the five-year plan. Mayor Ellison felt the Council should not play favorites. Councilmember McCrea stated that perhaps the Council should examine the policy. McCrea moved, Egan seconded, the motion to approve the waiver of plat for Opus Corporation/Northwest Mutual Life to split Lots 6 and 17, Block 4, Eagandale Industrial Park 1st Addition, for National Computer Systems located along the north side of Lone Oak Road and west of Eagandale Boulevard in the southwest quarter of Section 3, subject to the following conditions: 1. The development accept the financial obligations as identified for the benefit received from Lone Oak Road, the benefit received from the existing sanitary sewer along the north side of Lone Oak Road, and the construction of an 8' wide bituminous trailway consistent with existing zoning of the proposed development and in accordance with the City of Eagan's Comprehensive Trailway Plan. 2. The development is responsible for dedicating the appropriate public utility easement for the proposed water main system for the National Computer Systems development. 3. The development is responsible for the adjustment of and damage to any existing City utility system associated with site development. 4. All utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards and policies and approved by staff prior to building permit issuance. Page 14/CITY COUNCIL MEETING MINUTES November 15, 1988 5. A detail grading, drainage, erosion and sediment control plan must be prepared in accordance with City standards and approved by staff prior to issuance of the building permit. 6. If any public improvements are to be installed under a City Contract, the appropriate project must be approved by Council action prior to issuance of the building permit. 7. The development is responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency prior to issuance of the building permit. 8. The development is required to provide a 30' parking setback for a distance of 300' north of Lone Oak Road. 9. No part of Parcel A may be split or transferred without the approval of the City Council. All voted in favor. R-88.90 RE-ZONING/PRELIMINARY PLAT/THOMAS SLATER ADDITION Community Development Director Dale Runkle updated the Council on the matter and stated that the APC recommended approval. Wachter moved, Egan seconded, the motion to approve the re-zoning of 1.58 agricultural acres to an R-1 (single family) district in the Thomas G. Slater Addition. All voted in favor. Wachter moved, Gustafson seconded, the motion to approve a preliminary plat consisting of 2 lots located north of Rusten Road and Storland Avenue in the southwest quarter of Section 31, subject to the standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: B-1, B-2, B-3, B-4, C-l, C-2, C-5, D-1, E-1, F-1, and G-1. All voted in favor. RE-ZONING/THOMAS LAKE CENTER ADDITION Gustafson moved, Wachter seconded, the motion to continue the re-zoning of Lot 11, Block 1, Thomas Lake Center Addition, from single family to public facility for Well No. 13 to the December 6, 1988, City Council meeting. All voted in favor. CITY ATTORNEY UPDATE City Attorney Jim Sheldon updated the Council on the status of pending litigation and other legal matters. Page 15/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 PROJECT 543/SKYLINE DRIVE/SIBLEY HILLS DRIVE UPGRADING (PRETTYMAN HEIGHTS) Public Works Director Tom Colbert briefly reviewed the assessment options to the Council. He also outlined the formula used to determine the amount of area assessment. He answered questions from the Council regarding the benefits, location, etc. Councilmember Egan was concerned with the landowners in the interior. Councilmember Wachter felt it was a logical approach. There was much Council discussion regarding the policy. Mayor Ellison suggested a neighborhood meeting followed by the public hearing. City Administrator Hedges suggested proceeding by setting up a meeting with the neighbors and scheduling a public hearing for December 20, 1988. He stated the matter could be further discussed at the Special Council Meeting. He recommended delaying the sending of the notices until after the November 22, 1988, meeting. Egan moved, Wachter seconded, the motion to receive the draft feasibility report for Project 543 (Sibley Hills Drive/Skyline Drive - Streets and Utilities) and schedule a public hearing to be held on December 20, 1988. All voted in favor. PROJECT 85-KK/HAMPTON HEIGHTS Gustafson moved, Egan seconded, the motion to accept the streets and utilities installed within Hampton Heights under Project 85-KK. All voted in favor. HICKOCK AND ASSOCIATES Egan moved, Wachter seconded, the motion to cancel the contract with Hickock and Associates to perform the water quality management plan and related engineering services. All voted in favor. PARKING BAN The policy for the snow removal parking ban was discussed with the suggestion that violators would receive a warning after the first snowfall; a tag after the second snowfall and a tag and tow after the third snowfall. PETITION/LEXINGTON POINTE/TRAILWAY It was agreed that the condition regarding the trailway would remain as originally approved. BERRYRIDGE ADDITION Wachter moved, Egan seconded, the motion to assume the cost of approximately $6,000.00 to extend the water main in the Berryridge Addition to meet City standards. All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES November 15, 1988 HIGHVIEW PARK LIGHTS Wachter moved, Gustafson seconded, the motion to declare the Highview Park lights surplus property and negotiate a sale to the City of Rosemount. All voted in favor. RECYCLING EMPLOYEE/INTERN McCrea moved, Egan seconded, the motion to authorize the employment of an intern to assist in the recycling program for approximately nine months in 1989. All voted in favor. COUNSEL DISCUSSIONS Councilmember Gustafson stated that he felt the McCarthy article was unfair and that the City should respond. Councilmember Egan reminded the Council of the noise symposium meeting. Councilmember McCrea stated she felt the meetings were becoming too long. BILLS Wachter moved, Egan seconded, the motion to approve the checklists dated October 31, 1988, in the amount of $2,051,098.02 and dated November 15, 1988, in the amount of $842,333.61. All voted in favor. ADJOURNMENT Upon motion duly made by Wachter, seconded by Egan, the meeting was adjourned at 12:30 a.m. All voted in favor. CITY OF EAGAN 0 \ MMMLs4 By: . ".hTverbeke Its: Clerk