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06/21/1988 - City Council Regular 01 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA June 21, 1988 A regular meeting of the Eagan City Council was held on Tuesday, June 21, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, and City Attorney Jim Sheldon. AGENDA Wachter moved, Egan seconded, the motion to approve the agenda. All voted yes. MINUTES June 7. 1988 - Regular Meeting. McCrea stated that an addition should be made to the May 23, 1988 Special Minutes. It should state "There is a minimum of 22 tee garage stalls". Wachter questioned the third paragraph on page 10 regarding the weight restrictions to be imposed on Dodd Road after the first 150 feet. Administrator Hedges stated it was worded correctly. Mr. Wachter questioned on page 31 regarding the Henry Braun waiver of plat. He stated it did not copy well and the word in the second paragraph should be "shift". Mr. Egan stated on page 13, Police Captain Geagan was referred to as Officer and this should be corrected. Mr. Egan stated on page 18, paragraph 8, the standard conditions as approved by the APC should be listed. Mayor Ellison requested the addition on page 29 (Vehicle Number 144, Street Maintenance Vehicle (Front End Loader) stating Peter Borchert did appear before the Council regarding this matter and commended the Council on their effort. Upon motion by McCrea, seconded by Wachter, it was resolved that the minutes for the June 7, 1988 regular meeting be approved. All voted in favor. RESIGNATION OF DAVID HENNES The City Administrator Tom Hedges informed the Council the City had received a letter of resignation from David Hennes, the alternate Council Minutes June 21, 1988 member of the Advisory Parks and Recreation Commission, to be effective immediately. His personal and job related commitments have not allowed him to be an active member of the Commission and therefore, he had tendered his resignation. Mr. Hedges stated he had reviewed the library of names that were submitted in December/January and there were no applications on file expressing an interest for appointment to the APRC. Wachter moved, Gustafson seconded, the motion to accept the resignation of David Hennes and direct the City Administrator to advertise regarding a replacement for Mr. Hennes as an alternate member of the APRC. All voted affirmatively. TRAVELING CONCESSIONS/MR. SITKO Mr. Hedges informed the Council a request from Mr. Sitko had been received to operate a concessions wagon in Eagan's parks. The request was reviewed by the Advisory Parks and Recreation Commission at their June 2, 1988 meeting. The APRC is recommending approval of the concessions wagon subject to certain stipulations and the understanding that the operation is a one-year experiment. Mayor Ellison asked Mr. Sitko if he was in agreement with the APRC's stipulations. Mr. Sitko stated he would abide by the stipulations. Councilmember McCrea questioned if there should be a police investigation. Mr. Sitko stated he had applied for a solicitor's permit and was investigated at that time. Mr. Gustafson questioned stipulation number 9 regarding the hours of operation. After further discussion, it was agreed to leave item 9 as recommended by the APRC. Mr. Gustafson questioned number 4 of the recommended stipulations regarding the parking of the wagon. He stated he felt the wagon should not be parked in the parking lot. McCrea agreed the wagon should not be parked in the parking lot as it would be a potential danger to children. Public Works Director Tom Colbert suggested the placement of the wagon be reviewed on a case to case basis and the parking spot specified on the permit. Gustafson moved, Egan seconded, the motion to approve the special permit for traveling concessions for Mr. Sitko, subject to the following conditions: 1. Proof of liability insurance, naming the City as an additional insured. -2- 1 q OT Council Minutes June 21, 1988 2. Proof of State of Minnesota Health Department license. 3. A permit fee of $200.00 is paid. 4. The wagon is limited to being located to specific locations within the parks as approved by the APRC on a case by case basis. 5. The wagon shall not conflict with concessions operated by the softball leagues or youth leagues at their tournaments, playoffs or events. 6. A trash recepticle is to be a part of the wagon. 7. The vendor will pick up litter as a result of his operation. 8. The vendor is to wear an identifiable uniform. 9. The hours of operation are limited to 9:00 p.m. on weekends and weekdays. 10. The experiment shall be extended for operation in City parks until October 31, 1988. All voted yes. REQUEST TO ELIMINATE ON-STREET PARKING - COACHMAN ROAD (FOR OAKS ROAD TO YANKEE DOODLE ROAD) Public Works Director Tom Colbert informed the Council a letter was received by staff from the Coachman Highlands Townhouse Association requesting that all on-street parking be eliminated on Coachman Road with the exception of allowing on-street parking adjacent to Quarry Park. Mr. Colbert stated Coachman Road was upgraded to municipal state aid standards in 1985. These standards provide for two traffic lanes and two parking/safety lanes. The Department of Parks concur with the need to provide for on-street parking to handle the over-flow parking from the existing limited parking lot for Quarry Park during the peak use periods. Presently on-street parking is restricted along the east side from November 1 to April 15 to facilitate snow removal operations. Mr. Colbert stated the elimination of on-street parking will not have any ramifications associated with the previous MSAS financing. He stated the elimination should facilitate traffic movement and the snow removal operations for the street maintenance department. However, it could create problems for the adjacent multiple residential complexes as they presently use the on-street parking to facilitate their internal parking lot snow removal operations. Mr. Colbert stated the Coachman Highlands Townhouse Association was informed the matter was on the June 21, 1988 Council agenda. -3- Council Minutes June 21, 1988 re Lynn Fieman, President of the Coachman Highlands Townhouse Association, stated he is concerned for the children crossing to Quarry Park. He feels the elimination of the on-street parking will prevent future accidents. He also stated he appreciates the stripings for the bikes. Councilmember Egan questioned were the striped areas for bikes only. Mr. Colbert stated the striped areas are a safety lane for bikers and pedestrians. Mr. Wachter asked if any police investigation had been performed. Wachter was informed a computer run had been performed. He feels there is no excessive problem and stated the request has merit in his opinion. He stated he feels the road could have alot of traffic in the future. Mr. Wachter stated he is reluctant to put a no parking sign in this area. Mayor Ellison asked Mr. Colbert his opinion. Mr. Colbert stated the on-off parking ban has been confusing to some residents. He feels if the parking restriction is imposed, the residents will become accustomed to the restriction. He also stated the Park Department has concerns regarding children running from between parked cars. He stated the main problem is the maintenance of the street. Ms. Piessig, 3144 Farnam Road, stated she travels the road at least twice daily and finds the curve very dangerous. She stated there will definitely be a parking problem it the Alden Ponds project is approved. McCrea moved, Egan seconded, the motion to approve the restriction of on-street parking on Coachman Road from Four Oaks Road to Yankee Doodle Road with the exception of allowing on-street parking on the east side adjacent to Quarry Park. All voted yes. NATIONAL FEDERATION OF LOCAL CABLE PROGRAMMERS City Administrator Tom Hedges informed the Council that in the summer of 1987 it was suggested by the City Councils of Burnsville and Eagan that one cable commission member be allowed to attend an out-of-state conference with the cable administrator. The National Federation of Local Cable Programmers convention is scheduled in July and the Joint Commission is requesting that one additional member in addition to Chairman Pat O'Malley and Mike Reardon be authorized to attend. He stated the Cable Commission has many new members and there are a number of key issues which the Commission will have to deal with in the near future. The conference will be a great learning tool and a real asset for the new members. Mr. Hedges stated the City of Burnsville City Council approved the request at their June 20, 1988 City Council meeting. -4- Council Minutes June 21, 1988 Mike Reardon stated there are sufficient funds in the Commission's budget to cover the cost of sending one additional commissioner to the conference. It will cost approximately an additional $900.00. He asked for an approval of his request. Gustafson moved, Wachter seconded, the motion to approve an additional member of the Joint Cable Commission to attend a National Federation of Local Cable Programmers Conference which will be held in Tampa, Florida from July 14, through the 16, 1988. All voted in favor. FIRE CHIEF SOUTHORN Mayor Ellison and Councilmembers welcomed Fire Chief Southorn back at his post. Mr. Wachter asked Fire Chief Southorn for an update on Station No. 4. Fire Chief Southorn thanked the Mayor, Council and staff for their concern. He stated Station No. 4 is all but completed with only minor details needing to be finished. He stated he feels the station will be ready for occupancy in one to two weeks. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: A. Personnel Items. 1. Police Officer Resignation. It was recommended to accept the resignation of Officer Bob Hawkins and to authorize hiring a replacement for that position. 2. Seasonal Utility Maintenance Workers. It was recommended to approve the hiring of Jeffrey Horsman and Brad Hoppe as seasonal utility maintenance workers. 3. Park Planning Intern Resignation. It was recommended to accept the resignation of Park Planning Intern Bill Bailey and to authorize hiring a replacement for that position. B. Receive Bids, Award Sale of Squad No. 7 and Vehicle No. 101. Mr. Gustafson raised a question regarding the number of bids. He was informed they go to all salvage yards and receive as many bids as possible. Only two bids were received on this matter. It was recommended to designate vehicles number 7 and number 101, a police patrol car and engineering vehicle as surplus property, -5- Council Minutes June 21, 1988 and sell the same to Suburban Auto Sales for $1,611 and $911 respectively. C. Permit for Service Station Renewals. It was recommended to approve the following service station renewal permits: 1 Country 66 3206 Sibley Memorial Hwy. Eagan, MN 55121 2 Q Petroleum 4206 Nicols Rd Eagan, MN 55122 10 Q Petroleum 2000 Rahncliff Court Eagan, MN 55122 3 Superamerica Diffley & Sibley Memorial Hwy. Eagan, MN 55122 4 Superamerica 4206 Yankee Doodle Rd Eagan, MN 55122 13 Superamerica 1379 Town Centre Dr Eagan, MN 55123 5 Yankee Square Standard 1424 Yankee Doodle Rd Eagan, MN 55122 6 Eagan Service Center (Union 76) 4195 Nicols Rd. Eagan, MN 55122 7 Sinclair Station 3946 Cedar Ave. Eagan, MN 55122 8 Eagan Standard 4205 Nicols Rd Eagan, MN 55122 11 Finaserve, Inc. 3150 Dodd Road Eagan, MN 55122 -6- Council Minutes June 21, 1988 9 Cedar Cliff Amoco 4600 Slater Road Eagan, MN 55122 12 Holiday Plus 4295 Nicols Road Eagan, MN 55122 14 Brooks Superette 3390 Coachman Rd Eagan, MN 55121 D. Trailer Permit Renewals. Councilmember Wachter asked if all individuals were contacted regarding the trailer permit renewals. He asked staff to re-check the list. Mr. Hedges said staff will re-check the list before renewing the trailer permits. It was recommended to approve the following trailer permit renewals, subject to staff contacting individuals on the list and confirming their need for the permit renewal: 1 Tripp Oil Co. Permitted prior to 1970 ana 3085 Hwy 13 remains in office use. Eagan, MN 55121 2 Earl Marotzke Permitted prior to 1970 and 535 Gun Club Road remains in use as a family Rosemount, MN 55068 home. 3 Alwin & Lyle Schultz Permitted prior to 1970 and 1315 Carriage Hills Dr. remains in use as a family Eagan, MN 55123 home. 4 Edmund Schwanz Permitted in 1980 and remains 810 Yankee Doodle Rd in use as a residence for Eagan, MN 55123 Mr. Schwanz mother. 5 Dakota Homes Permitted in 1972 and remains 3660 Dodd Road in use as a sales office for Eagan, MN 55121 mobile homes. 6 Jim Horne Permitted in 1984 and serves 3850 Coronation Drive as storage for Mr. Horne's Eagan, MN 55122 Historic Aviation business. -7- Council Minutes June 21, 1988 7 Brown-Minneapolis Tank Received conditional use 2875 Hwy 55 approval in 1988 for continued Eagan, MN 55121 use as office space. Good until 5/ 90 . E. Licenses for Amusement Device Renewals. It was recommended to approve the following amusement device renewals: Vendor Location 1 Advance Carter Co. 1 machine 850 Decatur Ave. North Italian Pie Shoppe Minneapolis, MN 55427 1438 Yankee Doodle Rd 4 machines Eagan Tap 3998 Sibley Memorial Hwy. 2 James Durning 1 machine 4625 Nicols Rd. Durnings Eagan, MN 55122 4625 Nicols Rd 3 D.V.M. Company over 15 machines 119 State Cedarvale Lanes St. Paul, MN 55107 3883 Beau d'Rue Drive 3 machines Valley Lounge 3385 Sibley Memorial Hwy. 4 machines Richard's Foods & Liquor 4185 S. Robert Trail 4 Helmuth Schmidt 3 machines 3600 West Shakopee Rd. La Fonda's Restaurant Bloomington, MN 55431 3665 Sibley Memorial Hwy. 5 Harold Steinman over 15 machines 3300 Minnehaha Ave. S. Starks Saloon Minneapolis, MN 55403 3125 Dodd Road 6 Fred Sande 2 machines 1561 Scheffer Eagan Steak House St. Paul, MN 55116 1448 Yankee Doodle Rd -8- Council Minutes June 21, 1988 7 Theisen Vending 6 machines 3804 Nicollet Ave. S. Eagandale Club Minneapolis, MN 55409 3330 Pilot Knob Road 2 machines Al Bakers 3434 Washington Drive 8 American Amusement Arcades 2 machines 850 Decatur Ave. North Broadway Pizza Minneapolis, MN 55427 2113 Cliff Road 1 machine Pizza Hut 3992 Sibley Memorial Hwy. 9 Frank's Vending Co. 3 machines 3941 Meadowbrook Road Mr. D's St. Louis Park, MN 55426 3904 Beau d'Rue Drive F. Plumbers' Licenses. It was recommended that the following plumbers' licenses be approved: Jacobsen Excavating & Trucking; William Ridler Plumbing & Heating; Village Plumbing, Inc.; and Wyllie Plumbing. G. Final Plat, Cutter's Ridge I and II. It was recommended to approve the final plat for Cutter's Ridge I and II Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.42&88.43 H. Contract 87-27, Approve Final Payment/Acceptance (Well No. 10). It was recommended to accept Contract 87-27 (Well No. 10) for perpetual maintenance subject to warranty conditions and authorize the final payment to E.H. Renner & Sons, Inc., in the amount of $5,699. I. Contract 88-21, Receive Bids, Award Contract (Cliff Lake Center - Grading and Utilities). It was recommended to receive the bids for Contract 87-21 (Cliff Lake Center - Grading and Utilties) and award the contract to Arcon Construction, Inc., in the amount of $780,413.80 and authorize th Mayor and City Clerk to execute all related documents. -9- Council Minutes June 21, 1988 r J. This matter was continued to the end of the June 21, 1988 Council agenda. K. Project 544, Receive Petition/Order Feasibility Report (Mallard Park 3rd Addition - Street Lights). It was recommended to receive the petition for Project 544 (Mallard Park 3rd Addition - Street Lights) and authorize the preparation of a feasibility report. L. Contract 88-5, Receive Bids/Award Contract (Well No. 11 - Pump and Pumphouse). It was recommended to receive the bids for Contract 88-5 (Well No. 11 - Pump and Pumphouse) and award the contract to the lowest responsible bidder. M. Contract 88-23, Approve Plan/Authorize Advertisement for Bids (Cliff Lake Center - Streets and Signals). It was recommended to approve the plans for Contract 88-23 (Cliff Lake Center - Streets and Signals) and authorize the advertisement for bid opening to held at 10:30 a.m., Friday, July 15, 1988. N. Vacate Portion of Rahn Road/Receipt Request/Schedule Public Hearing. It was recommended to receive a request to vacate a portion of Rahn Road and schedule a formal public hearing to be held on July 19, 1988. 0. Approve Final Plat, Sons Addition. It was recommended to approve the final plat for the Sons Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.44 P. Project 545, Receive Petition/Order Feasibility Report (Clear View Addition - Streets). It was recommended to receive the petition for Project 545 (Clear View Addition - Streets) and authorize the preparation of a feasibility report. Q. Resolution Prohibiting On-Street Parking - Cliff Lake Drive. It was recommended to approve a resolution prohibiting on-street parking for Cliff Lake Drive from Cliff Road to Blackhawk Road and authorize the Mayor and City Clerk to execute said resolution. R-88.45 -10- Council Minutes June 21, 1988 L e .y J- R. Contract 86-18, Final Payment/Acceptance (Daniel Drive and Rahn Road First Addition). It was recommended to approve the fifth and final payment of $14,573.56 to Nodland Construction Company for Contract 86-18 (Daniel Drive and Rahn Road First Addition) and accept the improvements tor perpetual city maintenance subject to standard warranty provisions. S. Contract 86-23, Final Payment/Acceptance (Hollana Lake Storm Sewer). It was recommended to approve the tenth and final payment of $32,239.64 to S. M. Hentges & Sons, Inc. for Contract 86-23 (Holland Lake Strom Sewer) and accept the improvements for perpetual maintenance subject to standard warranty provisions. T. Contract 88-14, Approve Change Order No. 1 (Briar Oaks - Trunk Sanitary Sewer). It is recommended to approve change order no. 1 to Contract 88-14 (Briar Oaks - Trunk Sanitary Sewer) in the amount of an additional $5,000 and authorize the Mayor and City Clerk to execute all related documents. U. Contract 88-2, Approve Plan/Authorize Advertisement for Bids, (1988 Seal Coating). It was recommended to approve the plans for Contract 88-2, (1988 Seal Coating) and authorize the advertisement for bid opening to be held at 11:00 a.m., Friday, July 15, 1988. V. Resolution Requesting MnDOT's Speed Limit Studies/Designation (North View Park Road). Mr. Wachter asked what speed limit was being requested. Mr. Wachter stated he is concerned that the speed limit be consistent with other similar roads. Mr. Colbert assured Mr. Wachter the speed limit will be consistent with other similar roads. It was recommended to approve a resolution requesting MnDOT to perform a speed limit study to establish proper enforceable speed limits for North View Park Road from Lexington Avenue to Elrene Road and authorize the Mayor and City Clerk to execute all related documents. Councilmember Gustaf son moved, Councilmember Wachter seconded, the motion to approve the foregoing consent agenda items and authorized their implementation. All voted yes to all items except Item N (Vacate Portion of Rahn Road/Received Request/Schedule Public Hearing). Wachter voted against this item. R-88.46 -11- Council Minutes June 21, 1988 PROJECT 524, JOHNNY CAKE RIDGE ROAD EXTENSION Mayor Ellison opened the first public hearing of the evening regarding the Johnny Cake Ridge Road Extension, Project 524. Tom Colbert stated that in response to a petition submitted by Wilmus Properties, Inc., the Council had authorized the preparation of a feasibility report for the extension and completion of Johnny Cake Ridge Road to Diffley Road. On May 17, 1988, the Council received the feasibility report and scheduled a public hearing to be held on June 21, 1988. He stated Johnny Cake Ridge Road is designated as a community collector through the City of Eagan and it is appropriate to install trailways and sidewalks on either side of this roadway between Diffley Road and Cliff Road. A letter had been sent to potentially affected property owners informing them of this sidewalk-trailway improvement. All notices had been published in the legal newspaper and sent to all potentially affected property owners. Mr. Colbert stated one concern had been expressed from the property owners along the north side of Diffley Roaa (Bieter Company) regarding the compatability of the proposed intersection of Johnny Cake Ridge Road with future development proposals for that property. Marc Hanson explained the feasibility report for the project in detail to the Council. Ray Williams asked what the future of the 20 undeveloped acres would be. Mr. Colbert stated only the present improvements requested were being considered at this time. He stated no applications or proposals have been received regarding future development of the 20 acres. Henry Jandewerth stated he is opposed to the extended sidewalk and walkway and questioned the necessity of both. Mr. Colbert stated the dual trails were for safety and continuity to other similar trails in Eagan. He stated the area was highly populated. Mr. Jandewerth asked why only the three additions were being assessed for the improvements. Mr. Colbert stated it was City policy to assess against single family/residential areas. Mr. Jandewerth asked what would happen to the trees along the sidewalk portion of the improvement. Mr. Colbert stated as many adjustments as possible will be made to save the trees. However, some may need to be removed to ensure the public's safety. Mayor Ellison reassured Mr. Jandewerth the City will do everything possible to realign the walkway to accommodate the trees. Mr. Jandewerth then asked if the curb would abut the sidewalk. Mr. Colbert stated there would be a grass area between the curb and -12- Council Minutes June 21, 1988 the sidewalk to ensure safety to pedestrians and also for snow storage in the winter time. Mr. Jandewerth state he is opposed to the project. Olga Zehnder, 4558 Johnny Cake Ridge Road, stated the bike path will run along her property. She feels there will be a problem with the existing easement and there will not be enough space for the bike path. Mr. Colbert stated the easement is a utility easement and the trail would be on the other side. Ms. Zehnder stated she opposed the bike path because it will be an eye sore and will cause safety problems. She stated the bike path will only be used a few months out of the year. She feels the bike path will devalue her property. She stated not many bikers or pedestrians use the road. She feels bike trails are nice when they are planned and bermed before the development exists. However, it is difficult for existing neighborhoods to accept the trails. She requested a survey be performed regarding safety and the number who will be using the trails. Eric Greetins, 4546 Johnny Cake Ridge Road, stated he opposes the project. He stated he moved in last year and has three children. He feels his family will be "penned in." by the bike path. Mike Wilcox, Walnut Lane, opposed the project because of the trees which he had planted may now be removed by the City. Mr. Colbert stated no permits had been received to install trees on the right-of-way. Mr. Wilcox stated he will pay for the improvement but he will never use it. Councilmember Egan stated he appreciates the residents' concerns and complaints. He further stated he has been in support of the pathway system and master park plan since its inception. He stated there have been many surveys, public hearings, etc. and residents have voiced there desire and needs for the trails. He stated he feels the trails are attractive and are an asset to the community. The subject trail should be constructed to tie in to the existing trails. Mr. Wachter stated he voted for the bike trails in the beginning and feels they are beneficial to the community. He stated he feels the City should send letters to residents informing them they need a permit to plant trees on the boulevards. Mayor Ellison stated the average number of people in a household is 1.8. Eagan has 3.9 people per household. He stated he feels the trails will keep the children off of the streets. Henry Jandewerth stated he is generally for the sidewalks and the bike paths in Eagan. However, he is against them in this case because of the trees. He stated even when the walkways are installed, people still use the streets for biking and pedestrian use. Mr. Egan -13- Council Minutes June 21, 1988 r va stated when the trail systems are completed and there is continuity in the system, the trails will be used more. Mr. Colbert addressed the concern of the property owners on the north side of Diffley Road regarding future development proposals. He stated if the Council approves the project that they consider approving this portion in concept. He stated the intersection is negotiable for the future design of Diffley Road. McCrea questioned additional assessment costs if there is a delay. Mr. Colbert stated if they increase, a new public hearing will be set. Mr. Colbert stated he recommends the Council approve the project schedule as follows: - Approve plans and specifications - Fall, 1988; - Open Bid/Award Contracts - Winter, 1988 - 1989; - Complete Construction - Fall, 1989; - Assessment Hearing - Sept, 1989; - First Payment Due with Real Estate Taxes - May, 1990. Mayor Ellison asked Mr. Colbert if the final plans will be presented to the Council. Mr. Colbert stated the final plans will be presented to the Council. Wachter moved, Egan seconded, the motion to close the public hearing and approve Project 524 (Johnny Cake Ridge Road - Streets and Sidewalks) and authorize the preparation of detailed plans and specifications, subject to the following project schedule: - Approve plans and specifications - Fall, 1988; - Open Bid/Award Contracts - Winter, 1988 - 1989; - Complete Construction - Fall, 1989; - Assessment Hearing - Sept, 1989; - First Payment Due with Real Estate Taxes - May, 1990. All voted yes. PROJECT 536/SOUTH OAKS ADDITION/STREETS Mayor Ellison opened the next public hearing for the evening regarding Project 536, South Oaks Addition - Streets. -14- Council Minutes June 21, 1988 •'r°~^ Mr. Colbert updated the Council on this project and stated a petition had been submitted by a number of affected property owners in the South Oaks Addition. The Council had authorized the preparation of the feasibility report concerning the installation of streets within the South Oaks Addition. All notices had been published in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. Marc Hanson explained the feasibility report to the Council. He stated the assessment costs are high because of the large lots in the development. He explained how the assessments were arrived at for the benefited lots. He stated the total assessment to each benefited lot will be $17,104, with the first payment due in May of 1990. Dave Wilmer, 538 Greenleaf Drive, stated he feels the petitioners only wanted an estimate of the cost. He stated he does not need the improvements and the Council should put the matter to a vote to the residents. Ed Pelenteer, 539 Greenleaf Drive, stated he is not fond of the cost of the improvements. However, he feels the project is necessary to increase his property value. He stated he does have problems with his septic tank and worries about his well. He stated the storm sewer water currently ends up in his back yard. Mr. Colbert stated this backup will continue until the storm sewer is completed. He also stated that if the bid cost exceeds more than 10% of the estimate, another public hearing would be held. Mr. Wachter asked Mr. Pelenteer if he had had problems with his well and his septic system. Mr. Pelenteer stated he knows some of the residents in the area use bottled water. He stated his back yard is soggy and that he has to have his septic tank pumped three times a year. John Hause, 4560 Greenleaf, states his septic system and well are ok. He feels he is not responsible for the other property owners' problems, just because they did not originally install adequate systems. He stated he is definitely against the improvements. Ron Rugg, 4591 Greenleaf, asked why the twelve inch watermain. Mr. Hanson stated the comprehensive plan provides for future connections. He stated the property owners are not being fully assessed for the twelve inch watermain. Mr. Rugg said the watermain will not be used now. Mr. Colbert stated that some day the area would be developed and the watermain would be necessary. Mr. Rugg asked if the sod that was mentioned in the feasibility report was to replace property owners' sod destroyed by the project. He stated he feels $700 a lot is a great deal of money. He asked if the property owners could replace their own sod. Mr. Colbert stated yes, if the Council agrees to delete the sod and revise with seed. He -15- Council Minutes June 21, 1988 stated it could cut the cost of the sod by one-half. He stated he feels not all property owners will replace the destroyed sod. He stated there may be a spot problem. He further stated all property owners must replace the sod themselves or the City must replace all of it; either one or the other. Mayor Ellison asked Mr. Rugg if he was for or against the project. Mr. Rugg stated he was for progress, however, he was against the expense. Mr. Grohausen, 565 North Greenleaf, asked if the $17,000 estimated cost included connecting the system to individual houses. Mr. Colbert stated this was the responsibility of the property owner. Mr. Grohausen asked Mr. Colbert it the street widths were reduced from 32 feet to 28 feet, would there be a savings. Mr. Colbert said there would be a savings and he could justify this reduction in the road width from an engineering standpoint. Lois VanDyke, 4558 Acorn, stated she is in favor of the project for health and safety reasons. She stated the improvement is also necessary to increase the value of her home for resale. Loren Peterson, 573 Greenleaf, stated he was one of the first property owners in the area and currently owns Lots 1, 2, 6, and 7. He stated he has no septic or well problems. He has been in favor of the project in the past and is still in favor of the project. He stated he is tired of dust in his house. Bryce Richards, 4571 Greenleaf, stated he has no septic problems, however, from time to time he does have well problems. He stated he has problems with the streets and the dust. He is definitely in favor of the project. He asked if street lights would be included in the improvement. Mr. Colbert stated street lights were not requested in the petition and are not currently being proposed. He stated they could be added to the project, however, he had no estimate of the: cost. Mr. Hedges stated another public hearing should be held regarding the street lights. Mr. Colbert agreed with him. Margaret Fletcher, 600 Greenleaf, stated she uses only bottled water for drinking and cooking. She stated she is in favor of the project. Cindy Sullivan, 615 Greenleaf, stated she was the last buyer in the subdivision. She has new wells and septic system and is not having difficulty with them. She stated she does not like the dust, however, she is concerned with the cost of the project. She stated the area's taxes have already increased because of the Eagan High School. Ms. Sullivan stated she originally purchased the home in the South Oaks Addition because it was "country". She stated she is definitely against the project. -16- Council Minutes June 21, 1988 41 Chris Bravado, 570 Greenleaf, stated they are having problems with their wells. She is concerned for the ponds in the area. She is for the project because the roads are bad. She also likes the country feeling in the area, however, she feels there is a need for the improvement for the resale of her home. Wally Allison, 4545 Acorn, moved here for the country atmosphere. She stated there were lots of trees and wildlife in the area when she moved in. She is tired of constant improvements which are not needed or wanted being imposed on them. She is opposed to the project. Rich Boacher, 4545 Acorn, asked if large lots could now be split for resale. He stated he is against the project. Mr. Colbert stated only one sewer and one water service per lot would be installed. Individual property owners would have to pay for additional services. He stated that if the project was approved by the Council, he would like to send a letter to the property owners asking if they want additional services installed. Mr. Wachter stated residents need not hook on to the services right away. A resident from the audience asked if he could still use his well water even if hooked up to sewer. Mr. Colbert stated yes but the water could only be used to water his lawn. McCrea asked how many lots were in the addition. Mr. Colbert stated there were 36 lots. She stated in her review of the evening she counted 12 property owners in favor and five against. She was concerned there was not a better show of the property owners at the public hearing. She stated she's sorry to say the "country" is gone in Eagan. Mayor Ellison stated his count shows nine yes votes and six against the project. Mayor Ellison suggested a survey of the property owners should be completed. Councilmember Egan stated a public hearing is to get a concensus for those who appeared. He stated the majority of the owners who had spoken at the hearing were in favor of the project. He feels the project would enhance the area. He stated he too lives on a gravel road and that there are not many left in the City of Eagan. Councilmember McCrea informed the audience of the large cost to the City of Eagan to maintain gravel roads. Mr. Wachter stated he symphathizes with the property owners and he too is in favor of the country look. However, the septic and well problems are a great concern to him because of potential health problems. He stated gravel roads cause problems with the ponds and the storm sewers and require a great deal of maintenance. -17- 'Council Minutes June 21, 1988 +.t Mr. Egan asked if there were any grade problems. Mr. Colbert stated there were no problems, the grade will match the existing grade. Mr. Egan asked if the widths of the road were reduced, what Mr. Colbert would suggest the widths be. Mr. Colbert stated 28 feet. Mayor Ellison asked if the assessment payments could be spread over more than 15 years. Mr. Colbert stated yes, they could be spread over 20 years which would reduce the first year's cost to approximately $1,700. McCrea asked Mr. Colbert if the sodding costs would be cut if seed was used. Mr. Colbert stated seeding would cut the cost of the project. Egan moved, Wachter seconded, the motion to close the public hearing and approve Project 536 (South Oaks Addition - Streets) and authorize the preparation of detailed plans and specifications, subject to the following conditions: 1. The width of the streets be reduced from 32 feet to 28 feet. 2. Revising the installation of sod to seed. 3. Spreading the assessment payments over 20 years instead of 15 years. The property owners in the audience stated many owners were present but had not spoken. All voted in favor. PICKETING ORDINANCE City Administrator Tom Hedges stated Chief of Police Berthe is requesting consideration by the City Council to rescind action that was taken at the June 7, 1988 City Council meeting approving an amendment to the City Code that adopted a permit process for picketing in exclusive residential areas. He stated the police administration had considered regulatory language for the past year that would respect the integrity of residential neighborhoods by providing a permit process that notifies residents if and when a picketing is to occur within their neighborhood. He stated it was never the intention of the Police Department or the City Administration to recommend an ordinance to the City Council that would in any way challenge or impair an individual's freedom of expression under the First Amendment of the Constitution. He statea it is recommending that the City Council rescind the action adopting an ordinance that regulates picketing in residential areas. Mr. Hedges stated the ordinance had not been published and is therefore not effective. Police Chief Berthe stated the ordinance was first recommended to ensure tranquility to residential neighborhoods. He stated he now -18- Council Minutes June 21, 1988 senses the community's concern regarding constitutional issues. He does not want a lawsuit and requested the Council rescind the picketing ordinance. Clair McInerney, teacher from Saint Catherine's University, stated she is happy the Council is rescinding the picketing ordinance. She stated her class is studying social change and she is concerned about Eagan restricting constitutional rights. She stated picketing has led to many positive changes in society. Mayor Ellison stated it takes courage to admit they were wrong. He feels the matter should have received more consideration before adoption. Cathy Benar, student at Saint Catherine's University, stated she is from Minnetonka and is studying the peace movement. She felt adoption of the picketing ordinance affected her as a United States citizen. She is in support of their new decision. Mr. Wachter stated the main reason he voted in favor of the picketing ordinance was his concern for the neighboring residents. Gene Hase, 1755 Blue Bill, stated he came through the peace movement. He stated picketing and demonstrations are necessary tools. Gustafson moved, Wachter seconded, the motion to rescind the picketing ordinance that was approved at the June 7, 1988 City Council meeting that requires a permit in order to picket in exclusive residential areas. Mr. Gustafson stated he was sincere in his efforts regarding the picketing ordinance. He asked the speakers if they had read the ordinance. They stated they had not read the ordinance. Gustafson stated all of the articles he had read regarding the picketing ordinance were not accurate. However, he felt it was necessary to rescind the picketing ordinance. He addressed the press and stated before they criticize, they should read the material first. He also said "Liberty is not licensed. Liberty is the unrestricted opportunity to do that which is right." All voted affirmatively. ORDINANCE AMENDMENT/ISSUANCE OF CITATIONS/CHAPTER 2 Mr. Colbert stated the Director of Finance/City Clerk has made recommended changes to the ordinance/resolutions to Chapter 2 regarding issuance of citations and which City positions can be allowed the authority to issue the citations. Mr. Colbert stated there are employees such as the zoning administrator who need to have authority for the issuance of a citation. Presently, it there is a violation to Chapter 11, the zoning administrator needs to confer -19- Council Minutes June 21, 1988 with the police officer who issues the citation. Generally, the Police Department is not familiar with Chapters 11 and 13 of the ordinance. This procedure also relates to animal warden and other positions that should be given the authority for issuance of citations. Mr. Colbert informed the Council if the ordinance was approved, the Council would also need to approve a resolution granting City officials enforcement authority. McCrea questioned if there would still be consistency and control regarding the citation issuance. Mr. Hedges stated staff too was concerned regarding control. He stated much thought was put into the revisions and he feels the proposed ordinance is very manageable. McCrea asked if other cities have such an ordinance. Mr. Hedges stated there are other cities with such an ordinance. He stated the City staff will be trained properly in the issuance of citations. Wachter moved, Gustafson seconded, the motion to approve the amendment to Chapter 2, entitled "Administration and General Government" by adding Section 2.38, providing for the City Council designation of employees and officers authorized to issue citations, and by adopting, by reference Eagan City Code Chapter 1 and Section 2.99. All voted in favor. McCrea asked Administrator Hedges if he will report back to the Council in six months. Mr. Hedges stated he will report back to the Council. All members voted in favor. Egan moved, Wachter seconded, the motion to adopt a resolution granting City officials enforcement authority. All voted yes. CABLE COMMISSION APPOINTMENTS Tom Hedges stated the joint Burnsville/Eagan cable commission has two vacancies requiring an appointment by the Eagan City Council. The first vacancy is due to the recent resignation of Ron Jensen for the unexpired term of two years which will expire January, 1990 and the alternate position. The administrator's office did advertise in the local newspapers and seven residents have responded expressing interest for an appointment. Mr.Hedges stated that generally in the past Council has voted by ballot and initialed the ballot. The ballot is public information. He suggested the applicant receiving the most votes would fill the unexpired term position and the applicant receiving the next amount of votes would fill the alternate position. He stated in order for an applicant to receive an appointment the applicant must receive a majority of the votes. Mayor Ellison asked if in the past the Council interviewed the applicants. Mr. Gustafson asked if the advertisement requested resumes' be submitted. Hedges stated the ad requested a letter only. He further stated that in the past some ap licants were interviewed and some names were taken from the application library. Mr. Egan -20- Council Minutes June 21, 1988 states the Council needs a consistent policy. Mike Reardon stated the Commission is in need of more members. He also stated the Commission will be attending a workshop next week. He would like the new members to be able to attend this workshop. Mayor Ellison stated because of the urgency of appointing new members to the Commission, the Council will not delay action to interview the applicants. However, in the future he feels the Council must set a policy that all applicants are interviewed. Mr. Wachter stated he would like two separate ballots for the voting. All councilmembers agreea. City Administrator Hedges, after counting the ballots, informed the Council that Susan Shaffer had received a clear majority of the votes to fill the unexpired term of Ron Jensen. He also states Tony Swanson had received a clear majority of the votes to fill the alternate position. ANNUAL FINANCIAL REPORT Tom Hedges recommended to the Council the continuance of this item to the July 5, 1988 City Council meeting. Wachter moved, McCrea seconded, the motion to continue Item A under new business (Presentation of 12-31-87 annual financial report) to the July 5, 1988 City Council meeting. All voted yes. PETITION FOR STOP SIGNS - BLACKHAWK ROAD AT DEERWOOD DRIVE AND SILVER BELL ROAD Tom Colbert stated staff received a petition requesting the installation of stop signs on Blackhawk Road at the intersection with Deerwood Drive and Silver Bell Road. After receipt of this petition, the Engineering Division performed traffic counts at this intersection. These traffic counts showed no safety problems in the area. He stated stop signs should not be installed simply because of speeders. He stated speeders will be watched by the Police Department. A research of the accident history at these intersections was conducted by the Police Department. In reviewing the manual on uniform traffic control devices, which the City has adopted as their standard, none of the warrants regarding accidents are met at these intersections. The intersection with Silver Bell Road comes close to meeting warrants for cross traffic volumes. Staff has not been made aware of any traffic congestion associated with the lack of stop signs at this intersection. -21- Council Minutes June 21, 1988 Due to existing conditions failing to meet the necessary warrants for the installation of stop signs at these intersections, staff recommends that this petition request for stop signs be denied. Mr. Colbert stated that the initiater of the petition had been informed that this item would be considered at the June 21, 1988 meeting. Inge Moristnen, 3911 Blackhawk Road, stated she started the petition because of the speeders in the area. She stated no one goes 35 mph. She also stated that people are using the road as a four-lane road and it is not a four-lane road. Mr. Colbert stated that the road had been restriped in the past few days to show that it clearly is not a four-lane road. Ms. Moristnen stated she is happy with the striping. Mayor Ellison requested Mr. Colbert to inform the Police Department to patrol the area more frequently for speeders. Ms. Moristnen stated she does know that the Police Department does patrol the area on a regular basis. Gene Hase, 1755 Blue Bill Drive, stated there was a definite need for a stop sign at this intersection because of the speeders which he had observed personally on many occasions. He noted the restriping had been done to the roadway, however, he felt it has not helped the speeding situation. He stated the Council should do preventative measures now before someone is hurt or killed. McCrea questioned the cost of a stop sign. Mr. Colbert stated it would be a nominal fee of between $75 and $100. Councilmember McCrea stated she drives the area quite frequently. She has taken into consideration the fact of the construction in the area, however, she stated it is very easy to speed along this area. She is in favor of the stop sign because it is a very dangerous intersection. Mayor Ellison stated he is opposed to the stop sign at this intersection because the two roads are major collector roads. Councilmember Gustafson stated that reviewing the petitioners and their location, he felt the stop sign should be located at Blackhawk and Davenport. He is concerned for the safety of the residents in the area. Mayor Ellison informed the audience of the results of the accident report which had been conducted. He stated only one accident in the last eight months had occurred at this location. He stated he did not consider this a problem area. -22- Council Minutes June 21, 1988 Mr. Gustafson stated he feels strongly it is the wrong decision to install stop signs at the intersection. He stated he feels more stop signs should be taken down in Eagan. McCrea very strongly supported the installation of stop signs at the intersection. Mr. Egan stated he is against the installation of stop signs because the roads are major collector roads. He also feels the installation of a stop sign will not provide the results the petition was hoping for. Motion by Egan, seconded by Wachter, to deny the petition for the installation of stop signs on Blackhawk Road at the intersections of Deerwood Drive and/or Silver Bell Road. Staff was informed to take measures to install proper speed limit signs in the area ana to patrol the area on a more frequent basis. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea voted against. PETITION FOR STOP SIGNS - SIGFRID STREET AT SEQUOIA DRIVE Mr. Colbert updated the Council regarding this petition. He stated residents in this neighborhood had petitioned the Council several years ago for the installation of stop signs on Sigfrid Street at its intersection with Sequoia. At that time, staff could not concur with the request because none of the warrants required under the manual of uniform traffic control devices could be met. Subsequently, the Council continued consideration of that previous request subject to the completion of an investigative analysis by the Police Department regarding the traffic situation. Upon completion of that study, the Council subsequently denied the request for stop signs. Mr. Colbert stated a new petition had been circulated by a new property owner who was not involved in the original petition. A current review of the intersection indicates reduced site clearance for north bound Sequoia from east bouna Sigfria due to existing overgrown pine trees encroaching into the public right-of-way. Mr. Colbert stated the initiator of the petition had been informed that this item would be considered at the June 21, 1988 Council meeting. Leslie King, 4258 Sequoia Drive, initiator of the petition, stated the children in the area are older now and are licensed drivers. She also stated that this intersection is a school bus stop. She stated she feels responsible for the neighborhood children and asked the Council to please install the stop signs at the intersection. She stated she would continue her request for the stop signs, even if the Council denied her petition. Mr. Gustafson asked Ms. King who the speeders were in the neighborhood. Ms. King stated the neighborhood children, their -23- Council Minutes June 21,1988 friends and other delivery trucks in the area. Mr. Gustafson stated the problem is the drivers who are probably speeding around alot of other corners. He stated the speeding needs to be attacked. Councilmember McCrea stated she lived in the area in the past. She stated she knows for a fact that two dogs had been hit at that intersection and also her daughter had been hit while riding a bicycle at that intersection. She stated the police has never been called on those incidents. She feels there is a real need for safety in the neighborhood regarding this intersection. Mayor Ellison stated he is in favor of the stop sign installation because this neighborhood is a small self-contained neighborhood. He asked if the pine trees on the corner were a bad problem. Mr. Colbert stated that where the stop sign was to be located, there may not be trouble with the pine trees. He stated that the trees will be trimmed as needed. McCrea moved, Gustafson seconded, the motion to approve the petition for the installation of stop signs on Sigfrid at Sequoia Street. All voted in favor. MODEL HOME PERMITS/DEERWOOD ADDITION Mr. Hedges stated an application was received by the City from Robert Engstrom for five model home permits for the Deerwood Addition specifically located on Lots Six (6), Seven (7), Fourteen (14) and Twenty-nine (29), Block Two (2) and Lot Thirty-two (32), Block Three (3). He stated the reason for the request for the model homes is to allow completion for the parade of homes which is scheduled during the month of September. City Planner Dale Runkle stated there had been a recent change as to the lot location of the model homes. He stated that Lot Twenty-six (26), Block Three (3), would be built upon instead of Lot Six (6), Block Two (2). He also stated Lot Fourteen (14), Block Two (2), would not be built upon. Therefore, the request was for four model homes. Mr. Colbert stated that there may be a problem with easements regarding Lot Three (3), Block Two (2), in the future. Wachter moved, McCrea seconded, the motion to approve the four model home permits for Lots Seven (7) and Twenty-nine (29), Block Two (2), and Lots Twenty-six (26) and Thirty-two (32), Block Three (3), in the Engstrom's Deerwood Addition, subject to the easement problem clarification with the staff. The developer stated this would not put a hardship on his development and he will comply with the City's request. All voted in favor. -24- Council Minutes June 21, 1988 SPECIAL PERMIT/HOOVESTAL/TEMPORARY MODULAR OFFICE Mr. Hedges stated this special permit did not require a public hearing before the Advisory Planning Commission. City Planner Dale Runkle stated the City had received an application for a special permit from Hoovestal Inc., to allow a temporary modular office in an LI district. Wayne Hoovestal, applicant, stated his company will mostly be hauling mail for the bulk mail center. He stated he wants to locate the mobile office unit at 900 Lone Oak Road. He stated he needs office space for three or four employees. He stated there will not be a large amount of traffic through the area. Mr. Colbert stated it was not known at this time if there was water and sewer hookup. He asked the Council if this is the type of office space the Council wants in Eagan. He stated there is plenty of empty office space in Eagan to be rented. Mr. Hoovestal stated the well had recently been replaced and they were only in need of restroom services. Councilmember Egan asked Mr. Hoovestal why he is not considering renting in the industrial park. He also stated two years is a long time for the requested permit. Mr. Hoovestal stated a one year permit would be agreeable with him. He stated he has chosen this location for his temporary office because it is close to the bulk mail center, the cost of the project fits in his budget, and other locations he has looked at are too large in area. He informed the Council that the temporary module office space will be nice looking. Mr. Gustafson asked Mr. Hoovestal if his plans are to hook up to the existing sewer and well. Mr. Hoovestal stated that is their current plans. Wachter moved, McCrea seconded, the motion to continue the matter to allow staff to explore the sewer and water connection problems. Mr. Colbert again asked the Council if this is the type of office space they wanted in Eagan. Mr. Hedges stated that,temporary modular office space is similar to the modular schools that have been erected. He stated they must meet code requirements. However, construction of modular office space does not meet the development standards which the Council is currently considering. Mr. Egan stated he does not support temporary modular office space. -25- Council Minutes June 21, 1988 Councilmember Wachter withdrew his motion. Wachter moved, McCrea seconded, the motion to deny a special permit for Hoovestal, Inc., to allow a temporary modular office in an LI district at 900 Lone Oak Road. All voted affirmatively. SPECIAL PERMIT/BOONESTROO, ROSENE, ANDERLIK & ASSOCIATES Mr. Runkle stated the firm of Boonestroo, Rosene, Anaerlik & Associates requested a special permit to allow the use of an existing R-1 structure to be used fora field office on Lot Three (3), Block One (1), Williams and LaRue Addition, generally described as the northeast section of Lexington and Wescott Road. He stated the existing house and the two adjacent homes to the north have been purchased by the County. These houses will be removed when Lexington Avenue is upgraded. Boonestroo, Rosene, Anderlik & Associates' representative, Jerry Bourdin, stated the office space was needed for their field office and it had been chosen because of its location near the Eagan City Hall. He stated it is located on the correct side of the Pilot Knob Road construction to enable his staff easy access to Eagan City Hall. He asked the Council to approve the special permit. Mr. Wachter asked the applicant how long they will remain at this location. The applicant stated they will have to leave when the County removes the house for construction on Lexington Avenue. He felt it would probably be next spring. Jim Williams, stated he is opposed to the use of the house as office space. He also stated the request came after the fact. He stated the space has been occupied since June 1, 1988. He feels commercial rental property should not be in residential areas. He stated the first day they occupied the building there was at least sixteen vehicles on the property. He stated anyone else who occupied a building previous to a permit approval would be shut down. However, because it is the City's engineering firm, he felt they were receiving special consideration. He stated the yard is used as a parking lot and it has not been mowed or trimmed since their occupancy. Mr. Williams stated a neighboring property owner, Dale H. LaRue, was unable to attend this meeting. However, he had a letter addressed to the Eagan City Council which Mr. Williams presented to the Council. (Letter from Dale H. LaRue attached to minutes as Exhibit A.) Mr. Williams asked if he could rent the property from the County himself and try to rerent it to someone else. -26- Council Minutes June 21, 1988 Jerry Bourdin stated on the moving day there were more than the three to four cars that will normally be at the location. The Boonestroo firm thought all of the homes in the area had been condemned. Councilmember McCrea asked if the Boonestroo firm did indeed move in on June 1. She stated they should not have moved in before the permit had been approved. Jerry Bourdin stated the Boonestroo firm did not realize a permit was necessary. Wachter moved, McCrea seconded, the motion to deny a special permit for Boonestroo, Rosene, Anderlik & Associates to allow an existing R-1 structure to be used as a field office on Lot Three (3), Block One (1), Williams and LaRue Addition. McCrea stated she would have been in favor of the permit except she feels the Boonestroo firm should have asked first for the permit and then moved into the office space. Mr. Egan stated he feels the Boonestroo use of the building is compatible with the Williams Construction business in the area. Wachter, Gustafson and McCrea voted in favor; Ellison and Egan voted against. VARIANCE/EUGENE SOLLER Dale Runkle stated an application for a one-foot variance to the minimum fifteen foot rear yard setback was applied for by Eugene Soller to allow a sixteen foot by eighteen foot garage addition. Eugene Soller stated he wanted the variance so he could place his cars in the garage and not in the driveway. Mayor Ellison asked Mr. Soller if he had questioned the neighbors on Amber Road. Mr. Soller stated yes. Mr. Runkle stated all neighbors in the area had received the proper notices. Mr. Gustafson asked why only a one-foot variance allowing for sixteen feet was requested. Mr. Soller stated he has a sixteen foot boat which he wanted to place in the garage. Judy Meyers, 4265 Limestone, stated she lives next door to the south of the Soller property. She stated her bedroom windows are on the Soller garage side. She stated she is concerned because they currently restore cars in their garage and make considerable noise past 10:00 at night. She questioned if they plan on restoring more cars in the garage with its enlargement. She asked if there was a City ordinance regarding noise after 10:00 p.m. Mr. Hedges stated there is a public nuisance ordinance and she can file a complaint if the noise is impairing her sleep. He stated he feels the ordinance does not have a definite time restriction. -27- Council Minutes June 21, 1988 McCrea moved, Egan seconded, the motion to approve the one foot variance to the minimum fifteen foot rear yard setback to allow the garage addition on the Eugene Soller property at 4259 Limestone Drive. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. SUSAN SISK/CONDITIONAL USE PERMIT Mr. Runkle stated the Advisory Planning Commission, at their May 24, 1988, meeting, considered an application submitted by Susan M. Sisk to allow a conditional use permit for the purpose of operating a beauty parlor in an R-1 district located at 3954 Pumice Court. He stated the APC is recommending approval of the conditional use permit. Susan Sisk stated she has been in contact with all of her neighbors and none object to her operating a beauty parlor. Wachter moved, McCrea seconded, the motion to approve a conditional use permit for Susan M. Sisk to operate a beauty parlor in an R-1 district at 3954 Pumice Court, subject to the following conditions: 1. Hours of operation shall be from 8:00 a. m. to 8:30 p.m. only. 2. The only employee shall be an occupant of the household. 3. The parking shall be on-site and shall be limited to two customer automobiles. 4. There shall be no commercial signs advertising the business except for the type of sign that is allowed in the R-1 districts. 5. There shall be no over-the-counter sales of merchandise. All voted in favor. REZONING, SAFARI ESTATES 2ND ADDITION/FORTUNE REALTY Mr. Hedges stated the Advisory Planning Commission is recommending approval of the rezoning and preliminary plat of Safari Estates 2nd Addition. Mr. Runkle stated a public hearing was held by the APC at their last regular meeting on May 26, 1988 to consider a rezoning of the 24.8 acres agricultural to estate and a preliminary plat for 31 single family lots located west of Safari Pass and east of Highway 35 as submitted by Fortune Realty. Mr. Runkle stated the plat as proposed incorporates two outlots from the Eagan Royale Addition to the south and two from the Safari 3rd Addition to the east. The outlots from the Safari 3rd Addition do not meet the 20,000 square -28- Council Minutes June 21, 1988 foot requirement. He feels they should be final platted as the Safari 4th Addition in order for this plat to retain its estate zoning classification. Outlot B on the north side of Safari Trail contains only 11,903 square feet and should also be increased to the 12,000 square foot minimum lot size. The applicant stated Fortune Realty is in agreement with the separate plats. Jim Nelson, 4909 Safari Pass, stated he could not attend the APC meeting. He stated he feels there will be a problem because of the grade drop. He feels there will be safety and erosion problems, together with the potential damage to oak trees along the lot line. Tom McMann, consultant for Fortune Realty, stated he will obtain topographic information on the Nelson lot if the Council so requested. He stated the applicant does not want to infringe on Mr. Nelson's lot. He feels something can be worked out with Nelson regarding the trees and the right-of-way. He stated the drainage problem is their responsibility and it is intended to drain away from the intersection. McCrea asked Colbert if a blind intersection will result. Mr. Colbert stated that there may be a problem and that it may not be perfect but it is acceptable. The applicant, his consultant, Mr. Nelson and City staff all feel the matter can be worked out regarding the encroachment and the shift of the intersection. Mr. Wachter asked when the erosion plan will be completed. The applicant stated after the preliminary plat approval. Mayor Ellison asked Mr. Colbert if the shift of the intersection could be done between the preliminary plat and the final plat. Mr. Colbert stated from an engineering point of view he felt it was ok to approve the project. McCrea stated she feels the matter should be delayed until further reports are received. Mr. Hedges stated staff will work out the problems with Mr. Nelson and Fortune Realty on the grading problems. The applicant asked the Council to approve the preliminary plat and he, the City staff and Mr. Nelson will work out the details on the grading problem. McCrea questioned who will contact Mr. Nelson to make sure he is informed on the matter. Both the applicant and City staff stated they will keep in close contact with Mr. Nelson. Egan moved, McCrea seconded, the motion to approve the rezoning of Safari Estates 2nd Addition from A to E district. All voted in favor. Egan moved, Wachter seconded, the motion to approve the preliminary plat entitled Safari Estates 2nd Addition, subject to the following conditions: -29- Council Minutes June 21, 1988 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl, and Gl. 2. Lots Five (5), Six (6), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Block One (1), and Lot Nine (9), Block Two (2), shall be modified to meet estate minimum width requirements at the 30 foot setback line. 3. The outlots within the Safari 3rd Addition shall be final platted separately as the Safari 4th Addition or this plat including them shall be renamed the Safari 4th Addition. 4. The development is required to provide emergency overland drainage routes for the low point in the proposed roadway to pond AP-17 and for the land locked low area in the area of Lot Four (4), Block Two (2). 5. The development is required to provide at least two feet of elevation freeboard for proposed walkout levels and the highest elevation of the emergency overland drainage routes. 6. An access easement for maintenance personnel is required for public utility lines not contained within public right-of-way. 7. City staff is required to resolve the grade problems and the road configuration between Mr. Jim Nelson, 4909 Safari Pass, and the developer of the property. All voted in favor. KINGS WOOD 2ND ADDITION/COMP. GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT Mr. Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting held on Tuesday, May 26, 1988 to consider the applcation submitted by Jim Horne for Kings Woods 2nd Addition consisting of (1) a comprehensive guide plan amendment, (2) rezoning and a preliminary plat consisting of 41.5 R-1 single family acres and two outlots for future development with general business and R-3 designations. Mr. Hedges stated the APC is recommending denial of the application due to a request for the general business lots. Dale Runkle stated the biggest question the Planning Commission had concerned the uses of the property. Mr. Runkle stated this proposal incorporates the previously approved Kings Woods 1st Addition and unplatted agricultural land that abuts Highway 35E to the west and to a mixed use planned development consisting of 61 single family lots on 30.4 acres, two outlots containing 23 townhouse -30- Council Minutes June 21, 1988 lots on 9.8 acres, and one 1.4 acre outlot for general business uses. This plat also includes a small portion of the Cutter's Ridge Addition in the southeast portion of the site. The City's most recent land use plan designates this area as D-II and therefore an amendment will be necessary. Currently there are two homes on the property - the one on the south will be platted as an exception; the Horne home site on the north will be platted as a lot. The Hornes have been operating a home occupation for a number of years. Their intent is to construct a building on the proposed general business outlot that will be serviced from the single family area cul-de-sac and, potentially, the old city hall site. Meritor intends to rezone their property to the north from LB to R-1. There is concern of having townhouse zoning between two single family subdivisions. The applicant asked the City Council to proceed quickly with the matter. He asked the Council to rezone the property from agricultural to R-l, and approve the preliminary plat. He stated he had met with many of the neighbors in the area and after they heard Maurer Construction would be building the homes, they seemed more content with the development. Drawings and sample of the construction was presented to the Council. The applicant stated they needed to begin work on the development soon. Mr. Runkle stated he felt the Council should approve the single family rezoning request and send the remaining considerations back to the Planning Commission. Mayor Ellison agreed with Mr. Runkle and stated there should be a hold on the planned development district. Mr. Colbert stated the Director of Parks and Recreation, Ken Vraa, was unable to attend the meeting. However, Mr. Vraa is concerned that this plat will determine the access to the future community center as a result of the County's requirement of having road intersection align and for meeting access spacing requirements. The County is expected to eliminate the existing access on Pilot Knob Road, which now services the municipal center. Staff was not able to respond to questions pertaining to how various road access alternatives might affect the community center. Because the architectural firm has had little opportunity to become involved in the project, the Commission has recommended that the community center's architectural firm review the site access issue and attempt to respond by the July Commission meeting. The APRC is requesting the Council to continue the Kings Wood 2nd Addition's request until a recommendation can be obtained from the architects regarding the road access. -31- Council Minutes June 21, 1988 Mr. Egan asked Mr. Colbert it they would be able to review the final design before the final plat. Mr. Colbert stated that after preliminary plat approval, the City is locked in on the conf iguration. Mayor Ellison stated he felt it unfair to slow down the developer. Egan moved, Wachter seconded, the motion to approve the comprehensive guide plan amendment from D-II to D-I. All voted affirmatively. Egan moved, McCrea seconded, the motion to approve the rezoning of 41.5 R-1 single family acres. All voted in favor. Mr. Colbert stated the Council in the past has always been sensitive to other developers' concerns. The Council is not in this situation sensitive to the City when they are developing. Mr. Hedges stated the access point to the community center will be very important. McCrea asked the developer to hold off on construction for two weeks. The developer stated he would prefer to begin construction as soon as possible. Egan moved, Wachter seconded, the motion to continue the applicaton for the preliminary plat entitled Kings Woods 2nd Addition until the July 5, 1988 Council meeting. All voted yes. SOLDERBOME ADDITION/EAGLE ENTERPRISES/COMP GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT Tom Hedges stated a public hearing was held by the Advisory Planning Commission at their last regular meeting held on May 26, 1988, to consider an application submitted by Eagle Enterprises for a comprehensive guide plan amendment, planned development amendment of 4.52 R-4 acres within the Lexington South planned development to an LB district and a preliminary plat consisting of three lots. The APC is recommending approval. Mr. Runkle stated the site is located at the northwest intersection of Diffley Road and Lexington Avenue. He feels there is an access problem because of the two county roads. He suggested the biggest problem to the Council is the land use. Mr. Griswold, land architect, stated he has worked hard with the staff regarding the access to the property. He further stated they will work with the County regarding the access problem and feels the problem can be resolved. He stated he feels the corner of Lexington and Diffley lends itself well to the limited business use proposal. He feels the size of the property is too small for multiple family sites and feels the limited business is more in character with the area. The developer has definite proposals with the clinic and the day care facilities and is working out details with the bank. -32- Council Minutes June 21, 1988 Mr. Egan asked if the matter was only now dealing with parcels two and three and the outlot which is the Solderhome homestead. Mr. Griswold stated that was correct. Mr. Gustafson asked what is the current zoning of parcel one. Mr. Griswold stated it is R-4 planned development. Mr. Hedges stated the guide plan is D-1. Mr. Gustafson stated he is concerned about the future of parcel one and does not want "piece meal" work. Brad Swenson, Tri-Land representative, stated Tri-Land opposes the development as they will be submitting plans next month to the Council for their future development. He is concerned where the access off Diffley will be located. Mr. Swenson stated they are selling to their users good access and good traffic patterns. Mr. Colbert stated a letter had been received from the County surveyor with concerns regarding the spacing guidelines. The County spacing guidelines call for one-quarter mile spacing of access points. This proposed development does not meet the spacing guidelines. The distance along CSAH 30 between the center lines of existing Lexington Way and County Road 43 is less than 800 feet. This distance is less than the standard length required to develop two left-turn lanes in the future. Therefore, any access to CSAH 30 would greatly limit the ability to develop future left-turn lanes on County Road 43 and Lexington Way. The proposed site plan as submitted is not acceptable to the County. Mr. Griswold stated they will respond to the County regarding their concerns and the one-quarter mile spacing of access points. Mayor Ellison informed Mr. Griswold the County will not give access on Diffley. He stated this puts a "hole in your plan". The developer stated they have worked with the City staff and the two churches in the area to work out the access problems with the County. Representatives from the churches stated they will be working with Solderhome and that they liked the limited business district. Brad Swenson stated he feels he has questions on the existing uses and the traffic problems, the future turn lane, and the access point to parcel one. The applicant stated he has legal access already to Diffley. Councilmember Wachter stated he feels the matter should be continued for further study. McCrea stated the Council should look at all of the parcels and include parcel one in their decision. Wachter moved, Egan seconded, to continue the request for the comprehensive guide plan amendment, planned development amendment, and the preliminary plat for the Solderhome Addition/Eagle Enterprises to the July 19, 1988 City Council meeting. All voted in favor. -33- Council Minutes June 21, 1988 r- CONTRACT 88-13, RECEIVE BID/AWARD CONTRACT (MISCELLANEOUS PROJECTS) Tom Colbert requested the Council continue the matter to the July 5, 1988 City Council meeting. He stated there is a conflict and a revision to the contract documents is necessary. Gustafson moved, Egan seconded, the motion to continue Item J of the consent agenda (Contract 88-13, Receive Bid/Award Contract (Miscellaneous Projects) to the July 5, 1988 City Council meeting. All voted in favor. FOUNDATION PERMIT FOR CLIFF LAKE CENTRE/TARGET City Administrator Hedges stated the final plat for Cliff Lake Centre was filed with the City on June 13 and apparently a utility easement was inadvertantly omitted requiring the necessity to prepare new mylars to be signed by the City and County surveyor. Unfortunately, the Board of Commissioners cannot provide their final plat execution until June 28. The developer was planning to begin the construction of the Target store this week and due to this technicality would like permission to proceed with the minimum footing and foundation permit prior to the filing of the plat which will be filed after the County Plat Commission meets June 28, 1988. Egan moved, Gustafson seconded, the motion to approve the issuance of a footing and foundation permit prior to the filing of the Cliff Lake Centre plat. All voted in favor. REQUEST FOR MODEL HOME PERMIT/LEXINGTON POINTE 2ND ADDITION Mr. Colbert stated no action was necessary on this matter as the City has received a certification that the final plat has been presented to the County for official recording. COMMERCIAL PD AND PRELIMINARY PLAT/GALAXIE-CLIFF ADDITION Mr. Runkle stated at the May 26, 1988 APC meeting, applications for a rezoning from A to a commercial planned development and a preliminary for the Galaxie-Cliff Addition were continued at the request of the developer in order to allow more time for the detailed plans to be prepared. A waiver of plat to allow the conveyance of a land sale also was considered. The split is approximately six acres at the northwest intersection of Cliff Road and Galaxie Avenue from a 25.36 acre site. The developer is requesting that the waiver of plat be considered by the City Council. McCrea stated she feels it is important the area stays together and does not become piece meal. 34- "Council Minutes June 21, 1988 g,. 'LS Egan moved, Wachter seconded, the motion to approve the waiver of plat for the conveyance of six acres at the northwest intersection of Cliff Road and Galaxie Avenue from the 25.36 acre site with the understanding that no building will occur until the property is properly platted. All voted in favor. R-88.47 SEASONAL STREET MAINTENANCE WORKER The City has received a resignation from Kelly Ramswick, a seasonal street maintenance worker. It is recommended that James Woodland be hired as a replacement. Egan moved, Gustafson seconded, the motion to accept the resignation of Kelly Ramswick and to approve the hiring of James Woodland as a seasonal street maintenance worker. CONTRACT 88-1, APPROVE CHANGE ORDER NO. 1 (FIRE STATION NO. 5) The City's architect has forwarded a change order for the above-referenced contract. The net effect of his change order is a deduct of $983 to the original contract amount. This change order is recommended for favorable consideration by Council action by both the Fire Chief and the Public Works Director. Wachter moved, Gustafson seconded, the motion to approve change order no. 1 to Contract 88-1 (Fire Station No. 5) for a net deduct of $983 and authorized the Mayor and Clerk to execute all related documents. All voted in favor. BILLS Wachter moved, McCrea seconded, the motion to approve the check- list dated May 31, 1988 in the amount of $1,147,566.53 and dated June 21, 1988 in the amount of $869,186.95. All voted yes. GUN1NU U1W1NANC City Planner Dale Runkle stated there is a real need to redo the City zoning ordinance. He suggests setting up a task committee consisting of one councilmember, one Planning Commission member, one local developer, the City Attorney and City staff to make proposed revisions to the zoning ordinance. He suggests a weekly meeting of one to two hours per week. He asked the Council if they have a problem with the proposal and if they would consider who from the Council should be on the committee. Mr. Hedges suggested placing the matter on the July 12, 1988 joint meeting with the Planning Commission. Mayor Ellison agreed to place the matter on the July 12, 1988 joint meeting. -35- Cbuncil Minutes June 21, 1988 PROJECT 525 Mr. Colbert stated Mr. Engstrom has requested the Council approve acquisition of easements through condemnation for Project 525. Egan moved, Wachter seconded, the motion to initiate condemnation proceedings for the storm sewer lift station, Project 525. All voted yes. ADJOURNMENT Upon motion duly made by Wachter and seconded by Egan, the meeting was adjourned at 1:00 a. m. All voted positively. CITY CLERK By: ene VanOverbeke -36- Council - Exhibit A June 21, 1988 meeting 7w, a Cbuncil - Exhibit A June 21, 1988 meeting f-- 715 `y--Z3a eA&