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12/04/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota December 4, 1990 A regular meeting of the Eagan City Council was held on Tuesday, December 4, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. AGENDA City Administrator said that the following item would be recommended for continuance to the December 18, 1990, regular City Council meeting: Item B, Old Business, Agreement for Final Plat, Tranby 1st Addition. Wachter moved, Gustafson seconded, a motion to approve the agenda for the December 4, 1990, regular City Council meeting. Aye: 5 Nay: 0 MINUTES Director of Public Works Colbert noted the following correction to the minutes of the November 20, 1990, regular City Council meeting: Page 3, Item H, should be changed from Change Order #1, Contract 90 -16 (Woodlands North Addition - Streets & Utilities) to 'Change Order #4, Contract 90-04, Rahn Road - Street Reconstruction." Gustafson moved, Wachter seconded, a motion to approve the minutes of the November 20, 1990, regular City Council meeting as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT /NIGHT BATTAUON FIRE CHIEF /CRAIG JENSEN After introduction by Mayor Egan, City Administrator Hedges said that the Fire Department operates with a full -time Fire Chief and Battalion Chiefs. He said an election was held recently and Craig Jensen was selected as the Fire Department's new Night Battalion Chief. Chief Southom said Mr. Jensen took office on December 1. After adding their congratulations, Wachter moved, Gustafson seconded, a motion to recognize the election of Craig Jensen as Night Battalion Fire Chief of the Eagan Volunteer Fire Department and to recognize and thank Dick Schindeldecker for his nine years of service as a District and Battalion Chief for the Department. Aye: 5 Nay: 0 PUBUC WORKS DEPARTMENT /DRAINAGE CONCERNS LOTS 8-11, BLOCK 1, FAIRWAY HILLS ADDITION After introduction by Mayor Egan, City Administrator Hedges said that the Director of Public Works had been working with the residents regarding drainage problems in their backyards and at the November 20 City Council meeting had been given the responsibility of drafting a summary of the issues. Page 2 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Director of Public Works Colbert said that his Department had put together the background information on the issue but Staff has taken the position that the backyard drainage problem Is the individual homeowner's and is to be resolved among themselves. Mr. Colbert said that the City recognizes that there is a concern regarding the volume of waterand is pursuing the diversion of the major portion of the upstream drainage area as a result of the settlement of the lawsuit with the golf course. He said with the construction season over, it probably will not occur until next spring but will be done cooperatively with the golf course and the developer with the City monitoring. Mr. Colbert said It would take care of approximately 70% of the drainage basin which will be diverted to City ponds. The only remaining problem, he said, pertains to the backyard drainage. He said it has technically been corrected through the homeowners efforts but as evidenced by their presence at the last City Council meeting, they are not pleased with the end results. Mr. Colbert said that the aesthetics of the final backyard grading and landscaping is at the discretion and option of the property owners and Staff does not feel there should be further Involvement by the City. Mayor Egan said regardless of the City position, there was nothing that could be done with the ground frozen and any action should be deferred. The Mayor said the issue now is one of aesthetics and questioned whether the City wished to 'feather or taper the drainage swale any further. He said with no construction incorporated into the settlement of the lawsuit, It would be difficult to tailgate any of this work. Mr. Colbert agreed saying any work on the backyard areas of these lots, would have to be under a separate action. Councilmember Pawlenty asked that a wrap up outlining what had been discussed be sent to the affected property owners. Mr. Mark Selby said he was one of the property owners whose property was affected by the drainage problem. Mr. Selby asked if regrading would not be completed until early to mid - spring, whether the City had any mobile pumping equipment if needed. Mr. Colbert said that the City does have temporary pumps that are available depending upon the type of problem but would be in order of priority. Mr. Selby then made reference to a City storm sewer outlet that seemed to be higher than it should be. Mr. Colbert said his office had looked at the outlet and there was no way it could be lowered. Mr. Selby then asked if it could be moved or extended into the golf course. Mr. Colbert said that even if it could be worked out, the pipe would have to be above ground. He said in addition to aesthetic concems there were cost concems. Mr. Selby then asked if there were any opportunity with the golf course earth moving that the swale in the backyards could be located just east of the fence on golf course property. Mr. Colbert said he knew of no way to accomplish that without the golf course's participation. Ms. Joanne Goodland, also of the Fairway Hills neighborhood, said their properties were being used to dispose of golf course runoff. She said the City should do more to divert the water before It entered their backyards. Mr. Colbert said that in order to handle the drainage for the golf course, they looked at alternatives and it would have required the drainage swales through those backyards to be one and a half feet deeper than they presently are to handle the golf course drainage. Mr. Colbert said that only the minimum cut through the backyards was pursued to handle the drainage from just the backyard areas. Ms. Goodland said that the water coming into their neighbor's (Lewis) backyard was water coming off the golf course. Mr. Colbert said that the Lewis' property would have a problem regardless of the drainage from the golf course because Mr. Lewis has his own backyard drainage and does not have the ability to cross the other yards to the catch basin. Mr. Colbert said that what was put in was to insure that Mr. Lewis' yard as the most upstream property, would be allowed to drain by gravity across the other backyards. Ms. Goodiand said it still appeared that the Lewis property was picking up runoff from the golf course. Mr. Colbert said that if some of the golf course water was coming through the Lewis property, It was not unusual. He said that he did not mean to imply that there should be no water from any part of the golf course coming through the properties. Ms. Goodland said the drainage 'ditch' In their backyards would not be necessary if it Page 3 /EAGAN CITY COUNCIL MINUTES December 4, 1990 weren't for the water coming off the golf course. Councilmember Wachter said It was Interesting as the golf course had long maintained that all the water that falls on the golf course stays on the golf course. Mr. Joe Miller said there are six Tots involved in this issue, not four. He asked Mr. Colbert whether the storm sewer could handle five acres of runoff. Director of Public Works Colbert said that the system could handle that amount of run -off. Mr. Miller then said that the homeowners of Lot 7, Block 1, Fairway Hills Addition have since moved, but when they were In their home, they had experienced water In their basement. Mr. Colbert said that the drainage swale between that lot and its neighbor should be lowered six to nine inches and was part of the recommended regrading for that area. After some additional discussion, Mayor Egan said the situation had been noted and no formal action would be required at this time. The Mayor said if anything changed, action could be taken at that time. A. Personnel Items COUNCIL NOTES Councilmember Wachter said he wanted to propose to the City Council and to the Department of Community Development that they consider locating a day care nursery next to the proposed senior citizens building. The Councilmember said that he had heard that the interaction between the groups was good for both the seniors and the children. Councilmember McCrea agreed saying that such an arrangement could be mutually beneficial for both groups. Councilmember Pawlenty said he wished to recognize City Planner Sturm's tenure as Minnesota Chapter President of the American Society of Landscape Architects. The Councilmember said that when a staff member serves in that type of position, It was very beneficial to the City. The rest of the Council echoed their appreciation. CONSENT AGENDA Councilmember McCrea expressed concerns about Personnel Item #3 which dealt with the military leave of absence for Officer William White. Councilmember McCrea said that a letter In the packet said Officer White would take a leave of absence from the City and then receive his military pay. The Councilmember said that she opposes such an approach as Officer White is a City of Eagan staff person and is budgeted for the entire year. The Councilmember said that City policy should be changed to pay any individual who is called to active duty their entire pay if it is greater than the reserve pay and then rebate their govemment military pay back to the City. Councilmember McCrea said that people who want to support our country and volunteer should be supported. The Councilmember also does not believe the families of these volunteers should suffer. Councilmember McCrea then recommended that staff look at changing the policy and possibly make it retroactive allowing for the above changes. Councilmember Gustafson said he concurred with Councilmember McCrea and recommended that this policy change be recommended for review at the December 18, 1990 meeting. Item 1. It was recommended that the appointment of Brian Gunderson as an Investigator in the Eagan Police Department be approved. Page 4/EAGAN CITY COUNCIL MINUTES December 4, 1990 Item 2. It was recommended that the hiring of Theresa Bland, Brad Czudemat, Rob DeRosier, Ian Dozier, Chris Fitch, Michael Geere, Timothy Gill, Aaron Godleski, Andy Halverson, Chare Johnson, Wayne Leseman, Cory Lynch, Mike Mattson, Tim McElligot, Michael Malville, Ray Sperl and Brent Tait as seasonal winter recreation leaders be approved. Item 3. It was recommended that an unpaid military leave of absence for six months to one year be approved for Police Officer William White. B. Schedule Public Hearina to Assess Delinquent SAC Charges, Mermaid Car Wash It was recommended that a public hearing be scheduled for January 15, 1991, to assess delinquent SAC charges for Mermaid Car Wash. C. Final Plat. Wescott Square Addition R 90.88 It was recommended that the final plat for Wescott Square Addition be approved. D. Contract 89 -13 (Cliff Road Water Treatment Facility) Change Order #5 - Miscellaneous Items It was recommended that Change Order #5 to Contract 89-13 (Cliff Road Water Treatment Facility) be approved and the Mayor and City Clerk authorized to execute all related documents. E. Contract 90 -04 (Rahn Road) Change Order #5 (Country Home Heights - Storm Sewer) It was recommended that Change Order #5 (Country Home Heights - Storm Sewer) to Contract 90-04 (Rahn Road) be approved and the Mayor and City Clerk authorized to execute all related documents. F. Contract 87 -CCC. Acknowledge Completion /Authorize Perpetual Maintenance (Eagan Royale - Streets & Utilities) It was recommended that the completion of Contract 87-000 (Eagan Royale - Streets & Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. McCrea moved, Gustafson seconded a motion to approve the Consent Agenda with the recommendation previously noted. Aye: 5 Nay: 0 1991 PROPERTY TAX LEVY AND GENERAL FUND BUDGET R 90.89 After comment by Mayor Egan, the City Administrator provided background on the budget process. The City Administrator said the purpose of the public hearing was to discuss the property tax levy. Mr. Hedges said the 1991 budget Increase for the City is only 3.2 percent, and that is after a year when the inflation rate is 5 percent, the population growth rate is 3.5 percent, and the market value rate has Increased by 17.3 percent. Mr. Hedges said an increase in tax capacity has actually resulted in the City's portion of residents' property tax bills to go down. The City Administrator said the largest revenue source for the City is the property tax. He then went on to explain the City budget and its impact on local property taxes. Much of the information included in Page 5 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Mr. Hedges discussion is also Included in a handout that was distributed at the meeting (see Exhibit A). Mr. Hedges closed by saying that the City has held the line on any budget increases and, considering the increase in infrastructure, streets, parks, etc., the budget is about as tight as the City can present. The Mayor then opened the hearing to public comment. (Approximately 10 persons were in the audience to address the budget issue). The first of the public to address the Council was Mr. David Doyle, 2112 Shale Lane. Mr. Doyle said the assessed value of his property has accelerated rapidly over the last three or four years. Mr. Doyle then expressed his current concems regarding valuations in the community. City Administrator Hedges said that in Dakota County, the County did all appraisals. He said State law requires that all assessed market values in the State be brought up to 90 to 95 percent of value. Mr. Hedges said that real estate will not always increase in value even though the City has experienced the addition of industrial and commercial as well as many new homes. All will be added, however, to the market value rate for next year. One resident asked why the percentage of increases are higher in 1991 for the lower market value homes. He said it didn't seem totally fair. Director of Finance VanOverbeke said that the value range for the graduated tax percentage has been changed by the State legislature. He said it was meant to give some tax break to the suburban communities as opposed to out -state communities where valuations are lower. The next speaker was Mildred Schindeldecker, 2875 Lexington South. Ms. Schindeldecker asked if the examples that were being used also applied to an 'acreage.' Mr. VanOverbeke said the tables were representative of residential, homesteaded property. He said any other property classification, such as non - homestead, commercial or industrial, would have a different tax rate. Mr. Hedges said that staff would be happy to meet with Ms. Schindeidecker regarding the unique issues related to her property, its homesteading, and best use from a property tax assessment point of view. Mr. John Kidder of 824 Promontory Place, said he had been a resident of Minnesota for two years. He said he had lived in several cities and owned six different homes and if he added up the taxes on those homes, it would not equal one year of taxes paid on his home in Minnesota. Mr. Kidder said taxes in Minnesota were ridiculous and, rather than raising taxes, the City should cut spending. He said the City Council had to start pressuring the legislature for tax reform. Councilmember Pawlenty said the City Is working to hold expenses down but yet the County and school district are asking for double digit increases. Councilmember Pawlenty said taxes in Minnesota are a tremendous problem and the City had to do its part as well as all other govemment agencies. Mayor Egan said he appreciated Mr. Kidder's frustration. He said the City has operated leanly and conservatively with only a 3.2 percent increase in spite of population increases and inflation. The Mayor went on to say that Minnesota has a graduated tax and an additional item of concem is the shared tax system. The Mayor said the City was seeking a flat tax system as the suburbs are paying a disproportionate amount of the taxes. He said the City has lost all local govemment aid and Homestead and Agricultural Credit Aid (HACA) has been sliced to almost nothing. Councilmember Pawlenty said in 1992 the population demographics are going to shift to the metropolitan area. He said because of this, the metropolitan area will have more representation in the legislature. After additional discussion, Wachter moved, Gustafson seconded a motion to approve the 1991 property tax levy. Aye: 5 Nay: 0 Page 6 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Gustafson moved, Pawlenty seconded a motion to approve the 1991 General Fund Budget and the 1991 Public Utilities Fund Budget as presented. Aye: 5 Nay: 0 Councilrnember McCrea said she continued to be concerned about the school district and county budgets. She said she would like to see a grass roots initiative by the City with a memo signed by the entire Council echoing their concems about the school district and county budgets. SENECA MEDIATION RECOMMENDATIONS After introduction by Mayor Egan, City Administrator Hedges said that the item before the City Council concerned the recommendations of the Seneca Medication Committee and the resulting commitment to implement those recommendations. Mr. Hedges said that the recommendations were a result of the efforts of a number of people who participated in the mediation, not only from the City but the Chamber of Commerce and residents of the community. Director of Community Development Runkle said as the City Administrator indicated, It has been a lengthy process getting to this point. He said implementation of the process will take the cooperation of everyone involved. Mayor Egan then asked City Attorney Sheldon to address the dewatering issue. Mr. Sheldon said from a legal perspective, the most important issue is the dewatering. He said the dewatering issue is significant to the efforts of the neighbors, the Chamber of Commerce and the City. He said the possibility of 4 million gallons a day for dewatering was reduced to 2.1 million gallons per day which on a yearly basis is a tremendous reduction. Mr. Sheldon said the maintenance agreement allows for inspection for City Code violations and, most importantly, the agreement documents who is to do what, places responsibility with the individual parties, and gives the framework for the operations. Mayor Egan said this is the City Council's second opportunity to review the recommendations. He said he didn't believe the City could reshape the tremendous amount of hard work that went into this recommendation. Betty Bassett of the Wuthering Heights neighborhood said she appreciated that the City Council had watched out for the interests of their small neighborhood. Ms. Bassett presented a thank you card that had been signed by the residents in Wuthering Heights thanking the City Council for their efforts. Bea Blomquist spoke on behalf of the Chamber of Commerce and the business community thanking the City Council for their financial backing. She said she was proud to be a part of the panel. Mr. Dick Reynolds of the Minnesota River Valley Audobon Society said he found the process productive but contentious at times. Mr. Reynolds said that the Audobon Society did support the issue, however, also had some problems with it. He said one of the things they have a problem with is the recharge system because it is not working as well as they hoped It would. He said that the Natural Resources Committee of the Audobon Society had reviewed the document on several occasions and had recommended its approval to their board. Mr. Reynolds said at the last board meeting, the resolution was passed unanimously. Mr. Reynolds went on to say that he is also a member of EIS, which is State committee with the Audobon. He said this committee deals with State legislation and, specifically, will take great interest in the Wetlands Heritage Act which should come before the legislature this session. He said that Eagan had been specifically recognized for their wetlands approach. Mr. Reynolds said that the Page 7 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Audobon Society believed that Eagan deserved congratulations for setting the standards for the rest of the State. Mr. John Westley then voiced his disagreement with the recommendations of the Seneca Mediation Committee. He said the recommendations contained three grievous errors: 1) By agreeing with the recommendations, the City is authorizing permanent dewatering which will occur during the vital spring and summer growing seasons;. 2) The agreement is tacit endorsement of the recharging system that is in place but not working. He said the system is presently under PCA review. Mr. Westley said when It was originally proposed, they did not protest it because they hoped it would work; 3) When the recommendations were originally proposed, Judge Reha had promised they would have a legally binding document. Mr. Westley said that it is not true, and there is no guarantee that any of these recommendations will take place. Mr. Westley then encouraged the City to adopt the following: a) That buildings codes require new and remodeled homes to institute water conservation fixtures; b) That a rate structure be set that would encourage water conservation. He said rates should be based solely on water usage. Mr. Westley said at the present time, there is no benefit to conserve, because there is a minimum charge for water; c) He suggested that a program be coordinated to educate the public regarding water conservation. He said he was willing to assist the City in achieving these goals. Mr. Dick Reynolds then addressed the issue of the recharging system. He said it is true that the recharging system has not been pumping at the rate prescribed. He said the problem cannot be solved now because of winter. Mr. Reynolds said that the system did not fail, but there had been problems. Mr. Reynolds also said that the PCA was not reviewing the recharge system but will look at the system again down the road. Mr. Reynolds agreed that the plumbing codes need to be updated, but it would have to be State -wide. He said it would not be fair to the City to have more stringent requirements than the rest of the State. The Mayor then asked City Attorney Sheldon if once the recommendations have been signed by all parties, will it then be followed by an administrative order. City Attomey Sheldon said the Council will recall that when the process started, It was very contentious. He said it has ended with an agreement that says everyone has rights. Mr. Sheldon said the agreement puts a great number of requirements on the City and other agencies; however, they do not have the total binding requirements that we would have liked. Gustafson moved, Wachter seconded a motion to adopt the Seneca Mediation recommendations and commit to implementation of those portions of the recommendations which designate actions on the part of the City of Eagan. Aye: 5 Nay: 8 AGREEMENT/TRANBY 1ST ADDITION Gustafson moved, Wachter seconded a motion to continue to the December 18, 1990 regular City Council meeting consideration of the recordable agreement for improvements to the Tranby 1st Addition. Aye: 5 Nay: 0 Page 8 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Mayor Egan then asked if there was any public comment. There was none. ......... ..............................: ........ ............................... 1991 COMPREHENSIVE FEE SCHEDULE After Introduction by Mayor Egan, the Director of Finance briefly discussed changes to the comprehensive fee schedule included with the City Council packet. Councilmember McCrea said she had received several calls from developers regarding the escrow accounts and how they are billed. She said the same developers also had questions regarding engineering fees and asked why they were so high. Director of Finance VanOverbeke said the rates are higher and that staff engineering time is billed at the same rate as consulting engineers. Councilmember McCrea said that economic development in the City is coming to a halt and she would rather see better construction on commercial buildings and lower fees. She said we need to recover our costs but should not be operating at the expense of development. Director of Finance VanOverbeke said it has been the intention and philosophy of the City to cover costs. He said no rates were designed to make money. Councilmember McCrea asked if there was an engineering policy that would determine how long an Inspection of a project should take and whether or not these fees are equitably applied. Director of Finance VanOverbeke said his department tries to determine the appropriate rate and to make certain that this rate is applied against the appropriate projects. Director of Public Works Colbert said they do have an estimate of the average costs for engineering on a public improvement based on historical factors. Mr. Colbert said that each project is unique and the amount of inspection is relative to the compliance of the developer and the complexity of the project. Councilmember McCrea said the reason she brought this issue up is because of the number of phone calls she has received from developers. Mayor Egan said he had also received a number of calls and that has been one of the main criticisms of the City. Director of Public Works Colbert said he wondered if there should not be a flat fee for inspection so the developers could depend upon that amount. Mr. Colbert pointed out, however, that if the City went to a flat fee, there would be complaints from those who wished to be charged only for actual hours. Mr. Colbert said it would be interesting to know whether some of these complaints that are being received have to do with developers who are installing their own improvements privately or whether they are being done under their City contract. Mr. Colbert said more hours are spent in contract management on private contracts. Mayor Egan said that the complaints he had received were conceming the detail of reporting and they would like to see a cost breakdown. Mr. Colbert said there are 13 or 14 different categories for time spent and these breakdowns are available through cost accounting. Councilmember Gustafson said he was going to vote in favor of the fee schedule but wanted his objection noted that he had voted against some of these fees in the past, particularly the liquor license fees. He said he believes they are without merit and we are treating these business people unfairly. Mayor Egan then asked Police Chief Geagan whether the fees being charged for the investigation of a liquor license are commensurate with the time expended. The Mayor said the last time this issue came up, Police Chief Geagan had indicated that these costs were in line and the Mayor asked if anything had changed. Police Chief Geagan indicated it had not. McCrea moved, Wachter seconded a motion to adopt the 1991 Comprehensive Fee Schedule with the comment that everyone coming in to do business with the City be made aware of the increased fees. In addition, If major concems are received about one particular area, it is to reported back to the City Council. Page 9/EAGAN CITY COUNCIL MINUTES December 4, 1990 Mayor Egan said he was also feeling the same pressure from developers and suggested the Issue be discussed at a workshop session. Aye: 5 Nay: 0 PREUMINARY PLAT EXTENSION SS. MARTHA & MARY EPISCOPAL CHURCH After introduction by Mayor Egan and background by City Administrator Hedges, the Director of Community Development said that this is the second extension request on behalf of Ss. Martha & Mary Episcopal Church. Mr. Runkle said he had talked to the applicant regarding new conditions regarding water quality and road right -of -way. Mr. Runkle said that the applicant Is aware of these changes and conditions. Gustafson moved, Wachter seconded a motion to approve an extension of the preliminary plat for Ss. Martha & Mary Episcopal Church to November 30, 1991. Aye: 5 Nay: 0 PETITION FOR PARK STUDY VIOLET LANE AND FEDERAL DRIVE After introduction by Mayor Egan, City Administrator Hedges said that a petition had been received from residents in the neighborhood near Federal Drive and Violet Lane. City Administrator Hedges said this subject area had been considered before, but the City Council had decided not to proceed with any expansion. forward. When Mayor Egan asked if anyone in the audience wished to address the issue, no one came Director of Parks & Recreation Vraa said the character of the neighborhood in question had changed from what was originally planned. Mr. Vraa said before they would be in a position to make any recommendations regarding the park, additional study would be needed. The Mayor said he was willing to support the recommendation of the neighbors. He said some of the property originally designated as R-4 is now single - family. He said this has resulted in a substantial change in circumstances which would seem to warrant further study. Councilmember McCrea agreed, saying she felt the City would have to remain flexible as neighborhoods changed. It was her recommendation that any changes in the comprehensive park plan be accomplished within budget. She said that might require taking dollars from one park and spending them in another. Mr. Vraa said he had the impression the neighborhood would not require a full-fledged neighborhood park. In answer to a question from Councilmember Pawlenty, Mr. Vraa said much of the study can be done in- house. Gustafson moved, Pawlenty seconded a motion to approve a request for a study of park service needs in Park Service District #16 relative to a petition received from residents in the Violot Lane and Federal Drive neighborhood. Aye: 5 Nay: 0 VARIANCE /KRAFT /AMERICAN FOODS After introduction by Mayor Egan, City Administrator Hedges said that a public hearing was not required before the Advisory Planning Commission and the item had come directly to the City Council. Director of Community Development Runkle said the applicant is requesting a variance of 5 percent to allow coverage requirements in an industrial zoning district of 35 percent. He said the company, which was Page 10 /EAGAN CITY COUNCIL MINUTES December 4, 1990 originally called American Fruit, is now Kraft American and is located at 2864 Eagandale Blvd. Mr. Runkle said this is a major expansion of the company of 160,000 square feet. The Community Development Director said Kraft American has looked at trying to acquire additional property but owners of adjacent Tots prefer not to subdivide them further. Mr. Runkle said the expansion is badly needed. Mayor Egan said he had heard no complaints about this company. He said American Fruit has been a good neighbor and it's important to note that they are in a very competitive environment. Mayor Egan also noted that the City is trying very hard to retain its larger employers. Wachter moved, Pawlenty seconded a motion to approve a variance of 5 percent to the lot coverage requirements in an Industrial zoning district of 35 percent for Kraft/American Foods located at 2864 Eagandale Blvd. in the south half of Section 3 subject to the following conditions: 1) Applicant and staff shall finalize an overall landscape plan which will include underground irrigation. 2) No rooftop mechanical equipment shall be visible from the street. 3) Trash and recycling containers shall be kept inside the building or in an enclosure attached to the building and constructed of similar building materials. In answer to Councilmember Gustafson's question about hardship, Mayor Egan said that rather than hardship, he would rather refer to practical necessity. Mayor Egan said the applicant would have to acquire additional property which they would not be building on and it would create a practical and economic problem which in his opinion would justify this action. Aye: 4 Nay: 0 (McCrea abstained. Family member works for applicant.) Aye: 5 Nay: 0 CONDITIONAL USE PERMIT ANNA CHUNG'S RESTAURANT/WINE & BEER After introduction by Mayor Egan, City Administrator Hedges said this Rem had gone before the Advisory Planning Commission and they were recommending approval. Gustafson moved, McCrea seconded a motion to approve the conditional use permit for Anna Chung's Restaurant to allow on -sale wine and 3.2 beer sales in a CSC (Community Shopping Center) district at Cliff Lake Center subject to the following conditions: 1) The necessary permits are apprved by the City Police Department. 2) All other applicable ordinances are adhered to. WINE & BEER LICENSE /ANNA CHUNG'S RESTAURANT Gustafson moved, McCrea seconded a motion to approve the license for Anna Chung's Restaurant for the sale of wine and 3.2 beer at Lot 2, Block 1, Cliff Lake Center Addition for the remainder of 1990 and all of 1991. Aye: 5 Nay: 0 Page 11 /EAGAN CITY COUNCIL MINUTES December 4, 1990 CONDITIONAL USE PERMIT /MARGARET PHIWPS /HAIR SALON After introduction by Mayor Egan, City Administrator Hedges said that the Item under consideration had been heard by the Advisory Planning Commission at their November 27, 1990 meeting. He said the Commission was recommending approval. Director of Community Development Runkle said that a hair salon is allowed within a residential area through the conditional use permit process. He said the issue In question would come down to ordinance versus the covenants of the Deerwood Homeowners Association. Mr. Runkle said the Advisory Planning Commission did review the application on the merits of the ordinance requirements and noted the input of the affected residents. Mr. Runkle said that traffic, the security problems and the precedence of this type of use in a single - family area are concems, but looking at the specific conditions that are spelled out for the operation of the salon, did not provide a finding which would allow a denial of the conditional use permit. Mr. Runkle said the APC reviewed the application on the basis of the five conditions spelled out in the ordinance and approved the application on that basis. Margaret Philips of 4055 Deerwood Place said their home was built last year and a beauty salon was incorporated in the home. She said they had researched City and State laws and felt that they had met all conditions. She said they were aware of the covenants in Deerwood but before they started, they had received permission from Robert Engstrom Companies, however, that permission has now been rescinded. Mayor Egan asked Ms. Phillips what effort had been made to talk to the neighbors in Deerwood. Ms. Phillips said Mr. Engstrom had first advised them to talk to the neighbors in April. She said they had not sold their other home yet and were not certain they would move to Deerwood. Ms. Phillips said when their home was sold, they had 60 days to build a new home and since then it has not been feasible. Councilmember McCrea said the applicant was proposing a one -chair salon and asked how many people they expected to serve in a day. Ms. Phillips said she only wanted to work part-time which would mean five or six customers a day, three days a week. Councilmember McCrea said she had a number of calls from Ms. Philips' neighbors about their concems. The Councilmember said it appears that the covenants were what should be enforced and the City Council had very little legal basis on which to tum this application down. She then asked Ms. Phillips if she had written permission to build the salon. Ms. Phillips said she did and that their attorney had drawn up an amendment to the purchase agreement stating that they had to have Mr. Engstrom's approval on the salon. Mr. Philips said if they had not received specific approval, they were prepared to look at other lots. Mr. Robert Engstrom of Robert Engstrom Companies said he would like to clarify a couple of matters. He said Mr. Howard Kylo had given the Phillips permission based on limited information. Mr. Engstrom said both he and Mr. Kylo had advised the Philips that the homeowners association would not give permission unless the surrounding neighbors approved of the conditional use permit. Mr. Engstrom said that he had also talked to Mr. Philips and told him that conceptually home occupations are common but that they must talk to their neighbors. He said thus far the Phillips have refused to discuss this with their neighbors. Mr. Engstrom said that the Declaration of Covenant for the Deerwood Homeowners Association provides that a home occupation is prohibited unless it is found to be compatible with the residential neighborhood. Mr. Engstrom said to this date they have not received an application from the Philips; however, based on the information they have on hand, the homeowners association would disapprove of this home occupation. Mr. Louis Lundberg of 4039 Deerwood Place said that the neighborhood empathizes with the Phillips; however, they do not want the salon in their neighborhood. He said in addition those who chose Page 12 /EAGAN CITY COUNCIL MINUTES December 4, 1990 to build their homes on a cul-de -sac were people looking for seclusion. Mr. Lundberg said the neighbors did not like the precedence ft might set if It were approved. He said overall they do not want businesses In their neighborhood. Mr.Lundberg went on to say that there are no sidewalks in the neighborhood, just streets, and those children who walk to school must walk in the street during the same hours that this salon would be open. Mr. Lundberg also mentioned the risk to children by bringing additional people into the neighborhood. Mr. Lundberg then read the letter that had been written by Mr. Steven Isaacs spelling out his concem about having the salon in the neighborhood. Mr. Lundberg then went on to say that 100 percent of the neighbors in the Deerwood neighborhood are opposed to the salon. However, in the event the conditional use permit is approved, Mr. Lundberg asked that the City Council pass a moratorium on granting such licenses in neighborhoods, thereby allowing the entire City to consider conditional use permits as they currently exist. He said the City Council should also explore amending the conditional use permit ordinance and not allow these permits until such time as neighborhood concems are heard and acted on, the applicants discuss any issues or objections with neighbors within 350 feet of the establishment, and that the applicants fumish proof of neighborhood approval. Mr. Dan Gage of 4052 Deerwood discussed the potential traffic hazards. Mr. Gage said that a single -chair salon could have as many as 23 people a day using the facility resulting in a 66 percent increase in traffic. Mr. Gage pointed out that Ms. Phillips said that she had only intended to work part-time, however, circumstances could change and the conditional use permit would allow additional hours and additional traffic in the neighborhood. Mr. Gage then showed a videotape pointing out the lack of visibility for vehicles on the cul-de -sac due to a center island. He said because of landscaping on the center island, children on bicycles are not visible at all points. Ms. Martha Feda of 4047 Deerwood Place said the Phillips mentioned they have a large investment in building their home. Ms. Feda asked who was going to protect her investment. She said their realtor had notified them right after they had moved in regarding the Phillips' request to build a beauty salon, and they had told her they would not approve of a neighbor operating a salon. The next person to speak was Cathy Goldsworthy. She said she was a real estate agent who would be obligated to disclose any material facts when selling a home in the neighborhood. She said this could cause a hardship regarding the salability of the homes. Mr. Joe Rusche, 4054 Deerwood Trail, then read a letter from Mark Strobel of 1334 Deerwood Path regarding his concerns about a beauty salon in the neighborhood. Mr. Rusche then expressed his own concerns about safety with children walking to school on the streets and the additional traffic in the neighborhood. Ms. Cathy Trimble said she was part of the development in its beginning planning stages. She added that she had sold the home next door to the Phillips. Ms. Trimble said in the eight years she has been selling real estate, the number one concem of those buying on a cul-de -sac is privacy. She added that it was inconceivable that Bob Engstrom would have approved the installation of the beauty salon if he was aware that the neighborhood opposed it. Mr. Bill Cottrell of 4086 Deerwood said he would like to echo the position of those who had already spoken. He said if It was the City Council's position that they would have no choice but to approve this conditional use permit, he suggested that the law be changed. Mayor Egan then closed the public portion of the hearing and tumed it over to the City Council for their discussion. Page 13 /EAGAN CITY COUNCIL MINUTES December 4, 1990 l k i.t ` _liV Councilmember Wachter asked the City Attorney what Impact Article 7 of the Homeowners Association covenants had. City Attorney Sheldon said he did not wish to speak for Mr. Engstrom, however, covenants also make provision for their enforcement. He said the City cannot nor does It wish to control these covenants. Mr. Sheldon said that covenants are an agreement by the homeowners and they can only be changed by the terms specified in the agreement. He added, however, that covenants under State law could not run longer than 30 years. Mayor Egan asked the City Attorney what discretion the City Council had in considering a conditional use permit. City Attorney Sheldon said that a conditional use permit is a use that is permitted once certain conditions are met. He said it was up to the Council as the finders of fact as to whether they felt those conditions had been met. He said the court in reviewing the Council's action would then determine whether those actions were based in fact or whether those actions are arbitrary and capricious. Mr. Sheldon said as the spectrum of decisions that the City Council Is entitled to make moves along the scale from comprehensive guide plan amendment to rezoning to conditional use permit to variance to building permit, the spectrum of discretion the Council has decreases. He said this conditional use permit would be at the lower end of the discretionary spectrum. Mayor Egan then asked the City Attorney if the City restricted the hours or the days of the week for the operation or restricted the number of customers, if that would be within the realm of discretion the City would have if it made these objective findings. Mr. Sheldon said that so long as the City has made these objective findings, it has that discretion. Councilmember McCrea asked the City Attomey if the conclusion is reached that the cul-de -sac and the island are a major safety issue, would that be reason enough for denial of the conditional use permit. City Attorney Sheldon said that safety is a factor that the City Council can consider; however, in and of itself, he did not believe the presence of a cul -de -sac justified denial. In answer to Councilmember Pawlenty's question, Mr. Phillips said they had told their builder that if he was able to obtain documentation regarding the allowance of a beauty salon in their home, they would build. Mr. Phillips said if the builder was unable to obtain permission, they had determined to build elsewhere. Councilmember Pawlenty said that under the old rule of thumb, a conditional use permit was granted if the conditions were met. He said the conditional use ordinance was then expanded to allow conditions relating to the City Council's concems to be placed on permits, particularly those relating to health, safety and welfare issues. The Councilmember then asked the City Attorney if the ordinance gave the Council any further latitude in terms of a denial. Mr. Sheldon said the City Council is determined to be the finder of fact and if the City Council makes a determination based on the physical characteristics of the cul-de -sac that the proposed use should be denied based on health, safety and welfare issues, they are entitled to make that decision. Councilmember Pawlenty then asked the City Attorney if one of the conditions of the City's approval could be the approval through the homeowners' covenant system. City Attorney Sheldon said that while the City could not control the covenant use, it would be a very reasonable condition to place on the conditional use permit. He said the City would not want to grant a conditional use permit that would violate a private agreement. In other circumstances, City Councilmember Pawlenty said the City had had a general policy interest In not having businesses in residential areas. In past practice, he said, they had been allowed where the businesses had been non- intrusive or in the incubation stage. City Sheldon said he thought it was important to note that this is different than the case in Burnsville a number of years ago where conditional use permits required the approval of the neighborhood. He said the Minnesota Supreme Court had overturned that as an abrogation of legislative power. Councilmember Gustafson then mentioned the statement from the applicant that they not only had a purchase agreement guaranteeing their right to build the beauty salon, but the June 12 letter from Robert Engstrom Companies also giving the applicant permission. CouncUmember Pawlenty said he did not believe the City should become embroiled in the dispute between the applicant and the homeowners association and that it would be sufficient to reference that the covenant requirements be met. Councilmember Pawlenty Page 14 /EAGAN CITY COUNCIL MINUTES December 4, 1990 said he thought this would serve a variety of objectives by serving the City's legal needs, the neighborhood's needs and it would be consistent with past practice. He said the other alternative would be to do nothing and declare a moratorium and review the process and standards by which the City allows these types of things to exist in residential areas. Mayor Egan said he thought it should be noted that a letter had been received from a property owner who said if this application was approved they were ready, willing and able to move to Eden Prairie. Mayor Egan said Eden Prairie had sent a copy of their ordinance and Mr. & Mrs. Phillips could locate a beauty salon in an Eden Prairie residential area without any conditional use permit because it was a permitted use. In addition, he said it was a permitted use with less restrictions than the City of Eagan imposes on conditional use permits. Councilmember Gustafson expressed his concems that the City had been placed in the middle of what should be a neighborhood issue. He said there are a number of requests that come to the City in a number of different ways and it is his intention to try and treat them all fairly and do what is best for all residents of the City. He said he appreciated the comments on traffic, security, safety and precedence, but did not believe there were any overwhelming arguments in favor of denying the application. The City Councilmember said he would prefer to find a way to get the City out of the middle and not be involved legally in these types of permits because it puts the City in a no win situation. Councilmember Pawlenty said he did not disagree and this section of the ordinance should be reviewed to make certain the City is being consistent and it should be taken up at a workshop session. Mayor Egan agreed saying he did not like to see the City adopt and implement policy at the same time. Councilmember Wachter said that the City has had obligations such as this in the past. The Councilmember said the Phillips have received erroneous information and that is unfortunate. However, the residents have expressed their views and the City Council is obligated to do what is best for the community. The Councilmember said he had no problem denying this application. Mayor Egan then asked the City Attorney whether conversely the City could add as a condition of denial the fact that the Deerwood Homeowners Association had not approved this application. The City Attorney said that would not be unreasonable. Mayor Egan said the entire situation had been incredibly unfortunate. He said he would be extremely reluctant to approve an application that was processed in the manner that this was that created the kind of community and neighborhood uproar that this has. Mayor Egan said, based on what legal counsel had indicated, he would strongly support a motion for denial. Wachter moved, Egan seconded a motion to deny the conditional use permit for Margaret 0. Phillips to allow a hair salon in an R -1 single - family district on Lot 34, Block 3, Engstrom's Deerwood Addition. Mayor Egan said he seconded the motion on the basis of the neighborhood objection and the Deerwood Homeowners Association covenants. Councilmember Pawlenty asked City Attomey Sheldon whether neighborhood opposition was reasonable criteria to deny. City Attorney Sheldon said that failure to comply with restrictive covenants could be a factor the City Council could consider in their decision. However, if asked whether neighborhood approval would be a basis for denial, his answer would be no. After further discussion, Councilmember Wachter withdrew his original motion and then moved, Egan seconded a motion to approve the conditional use permit for Margaret 0. Phillips to allow a hair salon in an R -1 single - family district on Lot 34, Block 3, Engstrom's Deerwood Addition subject to the following conditions: Page 15 /EAGAN CITY COUNCIL MINUTES December 4, 1990 1. Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. 2. Only household occupants can be employees. 3. Parking shall be on-site and limited to two customer vehicles. 4. No signs advertising the business are allowed. 5. No over-the-counter sale of merchandise Is allowed. 6. The applicant shall comply with the Deerwood Homeowners Association covenants. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING PREUMINARY PLAT/HOEFT ADDITION R 90.90 Mayor Egan Introduced the item as a Comprehensive Guide Plan Amendment for the Hoeft Addition, Lowell Bahrke, changing the land use designation from D -III (Mixed Residential, 6-12 Units Per Acre) to D -I (Single Family, 0 -3 Units Per Acre), a rezoning of approximately 2.1 R-4 (Multiple) Acres to an R -1 (Single Family) District and a Preliminary Plat consisting of four lots located along the south side of Highway 55 in the North 1/2 of Section 12. City Administrator Hedges said that the Advisory Planning Commission had considered this Item at their November 27, 1990 meeting and had recommended approval. Director of Community Development Runkle said that separate applications had been submitted requesting a comprehensive guide plan amendment of approximately 2.1 acres from D -III (Mixed Residential, 6 -12 units per acre) to D -I (Single - Family Residential, 0-3 units per acre), a rezoning of approximately 2.1 acres from R-4 (Multiple Family Residential) to R -1 (Single - Family Residential) and a preliminary plat consisting of four lots on approximately 3.4 acres. Mr. Runkle said that the 2.1 acres of R-4 zoned property are owned by Lois Hoeft. Three property owners who abut her property wish to purchase portions of the 2.1 acres to add to their existing single family lots. Mr. Runkle said the proposed platting would create one lot with an existing home at the north end of the property with the remaining property being split up and attached to three existing lots that include Lot 5, Block 1, Harvey Addition and Lots 4 and 7, Block 3, Selmark Addition. Mr. Runkle said the parcel in question would be difficult to develop and the best solution would be to tie it to existing Tots. He said it did not create any additional density. The Director of Community Development said that the applicant had submitted a letter to the City earlier this year requesting that City fees be waived since there is no development occurring as a result of this platting process. He said they have worked with the applicant and suggested the applicant submit the preliminary plat fee of $300, the rezoning fee of $250, a comprehensive guide plan amendment fee of $300 and the preliminary plat escrow of $1,500, which they have done. He said the payment of the remainder of the fees would be left to City Council discretion regarding final plat escrow, park dedication fees and all other fees associated with development. Mr. Lowell Bahrke of 603 Chapel Lane said he was one of the purchasers of the property and that this would be a relatively simple property transfer. He said unfortunately it has become very complicated and costly. He said even though this Is not a new development, they have been required to follow platting procedures. Mr. Bahrke said they have already paid $2300 in fees. He said they were aware of most of the fees, but now have become aware of a $3,700 connection charge to the City's sewer system and a cash trails and park dedication fee of an unspecified amount. He said this Is not a new development and no changes are being proposed to the City's utility system and only the property lines are changing. He said, therefore, they feel these fees are unreasonable and asked a waiver of the parks and trails dedication fees, the utility fee and the final plat escrow. Page 16 /EAGAN CITY COUNCIL MINUTES December 4, 1990 The City Council generally agreed with waiving the fees as requested because platting the property was beneficial to the City, reduced the amount of R-4 in the City, and gave the City a better and cleaner legal description on the property. McCrea moved, Wachter seconded a motion to approve the comprehensive guide plan amendment from D -III to D -I. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to approve the rezoning of approximately 2.1 R-4 acres to an R -1 district. Aye: 5 Nay: 0 McCrea moved, Wachter seconded a motion to approve a preliminary plat consisting of four lots located along the south side of Highway 55 in the north half of Section 12 and referred to as the Hoeft Addition subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council on July 10, 1990 shall be complied with: Al, B1, F1 and H1. 2. That fees for storm sewer trunk of $3,700, park and trail dedication fees, and final plat escrow be waived. Aye: 5 Nay: 0 City Administrator Hedges said that the Advisory Parks and Recreation Commission would meet on December 6 regarding this item; however, no action on their part was anticipated which would incur any cost to the homeowners. ti DmINISTRA f `E 11G EN DA POUCE SHOOTING RANGE After introduction by Mayor Egan, the City Administrator said that the City of Burnsville is looking to purchase the Gunnery which is a private firearms range currently available for sale. The City of Bumsville is requesting that area cities indicate their level of interest. Councilmember Wachter said he had interest in the outdoor range, however, had a concem as to where the money would come from. Chief of Police Geagan said at this stage, the City is only being asked to indicate whether or not they have any interest in the facility and if the City Council indicates this interest, staff would look into it. Councilmember Gustafson said this is an excellent facility and should be looked at in addition to the future Rosemount facility. Police Chief Geagan then showed a videotape of the facility. He said It is a Caswell range which is one of the best on the market. He said that the facility would have to be computerized; however, those costs have been added into the $310,000 asking price. Chief Geagan said that this facility would be a better option than the Rosemount facility because there is more interest In the Gunnery. He said the more users there are for the facility, the more the costs are spread out and lowered. Chief Geagan said that the Gunnery had been in receivership three times and was facing a large tax burden at the present time. Councilmember Wachter said that any interest in the facility would have to be worked into the budget. He said when the financial information is available, It could be dealt with at that time. Page 17/EAGAN CITY COUNCIL MINUTES December 4, 1990 Wachter moved, Gustafson seconded a motion to indicate the City of Eagan's interest in participating in the use of the Gunnery which Is currently being considered for purchase by the City of Burnsville. Aye: 5 Nay: 0 WEST PUBLISHING UPDATE City Administrator Hedges said that staff wanted to update the Council on the West Publishing facility and bring their concems on the West /Becker Road issue before the Council. He said it appears that MnDOT wants to complete the upgrade to Becker Road to a greater design than was originally proposed. Mr. Hedges said that this had not been West Publishing's or the City of Eagan's intent. Director of Community Development Runkle said that besides the upgrade, MnDot is looking at the ultimate design. Mr. Runkle said that a corridor study is being prepared simultaneously at City expense. He said It is the intent to come up with a temporary solution that will also work for the long-term. Councilmember Wachter said that MnDot has a greater responsibility than they are willing to assume. He said there were buildings in that area before West located there and the Highway Department should have known that there was going to be an impact in the future. The Councilmember said that with West's move to Eagan, the problem accelerated, but that does not change MnDot's responsibility. Councilmember McCrea asked if this wasn't the intersection that the City had urged the State to take a proactive approach to rather than wait for the congestion to occur. Councilmember Pawlenty said if the City goes ahead with the improvements, we are facing a certain amount of financial exposure. He also noted that West was also exploring the possibility of reorienting Its principal access to Yankee Doodle Road rather than Becker Road. The Councilmember asked Director of Community Development Runkle if that was a viable altemative. Mr. Runkle said that West Drive will go through with the next phase of development. Mr. Runkle said that the question then becomes how is the traffic to be dispersed and still stay within the ISP crfteria for air quality. Mr. Runkle said if that could be done cheaper than what the upgrade would cost, It would be a possible alternative. He pointed out, however, that it would be West's decision. Because this was an update, no formal action was required. TRINITY LONE OAK CHURCH REQUEST TO WAIVE PLATTING FEES After introduction by Mayor Egan, City Administrator Hedges said that the City had been approached by a group from Trinity Lone Oak Church to discuss the fees being imposed for their development. He said they wished to remodel and build an addition to the church and the City then asked that they conform to the platting process at this time. He said the church obviously did not plan to incur all these fees and they are asking the City Council to give some relief from such costs as the final plat escrow, the water quality fees, and parks and trails dedication fees. He said a second issue has also arisen regarding a sanitary sewer extension to the southern boundary of their property. He said the church did not have an interest in paying these sanitary sewer costs plus they have a concern about not being able to use the property for future expansion because of where the utilities are planned to be located. Mr. Hedges said that precedent is always a concem to the City despite the fact that the church is one of the oldest institutions in the community. Director of Community Development Runkle said that past practice has indicated that churches have gone through the process and paid the fees. He said the one fee the City has been consistent in waiving, however, has been the park dedication fee. He added that this will be the first church subject to the water quality fee and a decision would have to be made on the collection of that fee. Page 18 /EAGAN CITY COUNCIL MINUTES December 4, 1990 Councilmember Wachter then asked about the neighboring properties that may want the sewer extension in the future. He said it appeared that the sewer line extension would have to go through the church property as there would be no other access to this utility for those property owners. Mr. Jim Schuetze said the fees are putting the church in the position of subdividing. He said that all the church wanted to do was get a building permit and expand the property. However, once the property was platted, they became subject to all the fees. In regard to the utility hook -ups, Mr. Schuetze said it was their understanding that the neighbor could hook up across Highway 55. He added that it is a considerable expense to the church to run the utility lines across their property. Mayor Egan wished to point out that the City has had other church groups who have expressed the same concems. He said there has been a great deal of church development in Eagan. He said that even though the representatives of Trinity Lone Oak Church do not feel they are subdividers, the City undergoes the same costs that they would with any other kind of development. Mr. Schuetze said he understood that the churches referred to by Mayor Egan were new churches and all Trinity Lone Oak Church would like to do is remodel. Wachter moved, McCrea seconded a motion to continue to the December 18, 1990 regular City Council meeting: 1) a waiver of certain fees relative to the platting of Trinity Lone Oak Church" and 2) consideration of a waiver of the preliminary plat condition relative to sanitary sewer installation. Aye: 4 Nay: 1 (Gustafson) OLD TOWN HALL USER FEE After introduction by Mayor Egan, the City Administrator said that the main issue in question was the use of the Old Town Hall and the charging of a user's fee. Mr. Hedges said the City had been approached by numerous groups who would like to use the space. He said he had talked to Councilmember Wachter about the History Committee studying the use of the facility in addition to any concerns and precedent. Mayor Egan said he would like to allow the American Legion to use the Old Town Hall but questioned what the City would do when the next group came in. He also questioned what the City should do about the $35 fee if that's the actual cost to the City. Councilmember Wachter said he generally agreed but felt the American Legion was a different organization. He said these are people who had served their country, they have promised to clean up the Old Town Hall after their meetings and would be willing to donate something toward heating the building. City Administrator Hedges said another issue the City Council may wish to consider is that users of other City buildings have been limited in the past to six months. Since other uses of the Town Hall are anticipated, Mr. Hedges suggested that an appropriate timeframe be specified in a letter to the American Legion. Wachter moved, Gustafson seconded a motion allowing the American Legion to use the Old Town Hall for a period of six months and to waive the fee for that organization. Aye: 5 Nay: 0 CHANGE ORDER #1 TO CONTRACT 90-16/WOODLANDS NORTH ADDITION Gustafson moved, Wachter seconded a motion to approve Change Order *1 In the amount of $50,040.35 for Wescott Square Utilities to Contract 90 -16 (Woodlands North Addition). Aye: 5 Nay: 0 • Page 19 /EAGAN CITY COUNCIL MINUTES December 4, 1990 SPECIAL CITY COUNCIL MEETING /DECEMBER 11, 1990 Because the December 11, 1990 Special City Council meeting falls during the celebration of Hanakkah, it was determined that the joint meeting with the Airport Relations Committee be an informational meeting only with no formal action taken. The joint meeting will not last beyond 7:00 p.m. Wachter moved, Egan seconded a motion to approve the c hecldist dated December 4, 1990, in the amount of $852 Aye: 5 Nay: 0 CHECKLIST EXE E SESSION OUR IUIENT The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 11:25 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjoumed at approximately 12:00 a.m. CITY OF EAGAN KF