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1991-07-16 City Council Minutes `.i3~tihW`_lt.J MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 16, 1991 A regular meeting of the Eagan City Council was held on TuesdayJuly 16,1991, 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 Runkle, Director of Public Works Colbert and City Attorney Jim Sheldon. NO" City Administrator Hedges noted that Item E under New Business would be continued. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the July 16, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 Wachter moved, Pawlenty seconded, a motion to approve the minutes of the July 2, 1991 regular City Council meeting as presented. Aye: 5 Nay: 0 w................. " ' U............................................................... ORDINANCE AMENDMENT/SECTION 238, ISSUANCE OF CITATIONS Mayor Egan introduced this item as an Ordinance Amendment to Section 2.38 of the City Code, Issuance of Citations. City Administrator Hedges explained that the purpose of this amendment is to add Community Service Officers to the list of individuals authorized to issue citations on behalf of the City. Police Chief Geagen explained that in order for the Community Service Officer to issue a citation for a minor offense the City Code would need to be amended. He noted that this authority is standard in other communities and that training would be provided for these officers prior to that authority being granted. After further discussion, Gustafson moved, Wachter seconded a motion to approve an amendment to the City Code, Section 2.38 with respect to the issuance of citations, to extend that authority to Community Service Officers. Aye: 5 Nay: 0 PERSONNEL ITEMS Councilmember Wachter commented positively on an article in the newspaper relative to grass clippings being washed into the storm water system and the impact that has on water quality within Eagan water bodies. Director of Parks and Recreation Vraa explained that this release came from Water Resources Coordinator Brasch and is the first of several educational articles that will be published to help educate Eagan residents on water quality issues. Councilmember Wachter also commented on the building of an outhouse adjacent to the Old City Hall building as well as the flag pole and flag that have been installed at that site. Wachter moved, Gustafson seconded a motion to send a letter of thanks to the individuals responsible for the building as well as those involved with the installation of the flag pole and flag at the Old City Hall location. Aye: 5 Nay: 0 `.ray ,p f1.-- - Page 2/EAGAN CITY COUNCIL MINUTES July 16, 1991 Mayor Egan referenced a letter received from Mrs. David Weiss residing on Shale Lane adjacent to Field #2 at Rahn Athletic fields. The letter reiterated an earlier concern for softballs being hit over the fence into their yard and the intrusion of players onto their property to retrieve the balls. Mayor Eagan asked that other options which had been discussed in the past be considered to try to alleviate this situation. Director of Parks & Recreation Vraa commented that he had not received a copy of the letter, however, in recent conversations with Mr. Weiss, fencing around the field with a gate closure was discussed. He noted that of all the options reviewed to date the fencing option appeared to be the most viable. Mayor Egan asked that Director Vraa continue communication with Mr. Weiss to resolve this issue. Councilmember Wachter asked, relative to Consent Item G, if the proceeds from pull tabs would be used to offset costs of the Humane Society building after the building is paid for. Councilmember McCrea stated that the issue should be reviewed annually and the Council can look at this issue then. Councilmember Gustafson supported the review however questioned if issuing a gambling license gave the City the right to review the budget of the licensee. Councilmember Wachter explained the need to look ahead on this issue. City Administrator Hedges noted that he had received a letter from the Association of Minnesota Metro Municipalities regarding a breakfast meeting scheduled for 7:30 AM, July 24, 1991 at Denny's in Burnsville. He asked council members to check their schedules to see if they might be able to attend. Tom Hedges stated that the fee structure for dance halls was not included in the packet but has been provided to the Council for their review of this issue. Administrator Hedges suggested scheduling a mini retreat in late July to discuss several follow-up items from an earlier retreat including re-development/development issues and ice arena/swimming pool/athletic field proposal. July 29, 1991 at Trapp Farm Park was tentatively scheduled for this meeting. E SEN A. Personnel Items Item 1. Resignation/Assistant Utility Billing Clerk--It was recommended that the resignation of Enda Asleson,Assistant Billing Clerk, be accepted and hiring procedures authorized to filled the vacancy. Item 2. Part-Time Police Dispatcher--It was recommended that the hiring of Kathryn Falk for the position of Police Dispatcher, contingent upon successful completion of the City's physical examination requirements, be ratified. B. Dakota County Capital Improvements Program. It was recommended that the staff comments be approved with respect to the preliminary preparation of a 1992-1996 Dakota County Capital Improvements Program. C. Project 603, Resolution Restricting On-Street Parking (Wilderness Run Road) It was recommended that a Resolution restricting on-street parking for the south side of Wilderness Run Road for Project 603 constructed under Contract 91-08 be approved and that the Mayor and City Clerk execute all related documents. R-91.41 D. Approve Change Order #1 (1991 Sealcoating Project). It was recommended that Change Order #1 to Contract 91-07 in the amount of $24,078.77 be approved and that the Mayor and City Clerk execute all related documents. Page 3/EAGAN CITY COUNCIL MINUTES July 16, 1991 E. Approve Change Order #3 (Maintenance Facility Expansion). It was recommended that Change Order #3 to Contract 89-03 be approved and that the Mayor and City Clerk execute all related documents. F. Project 615, Receive Feasibility Report/Order Public Hearing (Meadowview Road-Streets and Utilities). It was recommended that the feasibility report for Project 615 be received and a public hearing be held on August 20, 1991. G. Application, Gambling License for Minnesota Valley Humane Society to Conduct Pull Tab Operations at Durnings Restaurant, 4625 Nicols Road. It was recommended that the application by the Minnesota Valley Humane Society for a gambling license to conduct pull tabs at Durnings Restaurant be approved. R-91.42 H. Final Plat, Sky View Addition It was recommended that the final plat for Sky View Addition be approved as presented. R-91.43 1. Final Plat, Willbrook Addition It was recommended that the final plat for Willbrook Addition be approved as presented. R-91.44 J. Final Plat/Oaks of Bridgewater 2nd Addition It was recommended that the final plat for Oaks of Bridgewater 2nd Addition be approved as presented. R-91.45 PROJECT 589-R/KENDALE, INC. EASEMENTS City Administrator Hedges explained that the City Attorney's office is requesting authorization for $750 for acquisition of easements relative to Project 589-R/Kendale, Inc. Gustafson moved, Wachter seconded the motion to authorize $750 for acquisition of easements relative to Project 589-R/Kendale, Inc. Aye: 5 Nay 0 PROJECT 372 - FINAL ASSESSMENT After a brief introduction by Mayor Egan, City Administrator Hedges explained this is the final cost assessment from MnDOT associated with the construction of I-35E through the community. City Engineer Colbert stated that there were approximately 280 affected parcels and staff will schedule neighborhood meetings with the affected property owners prior to the final assessment public hearing. Gustafson moved, Wachter seconded the motion to receive the final assessment roll for Project 372 (I-35E, Utility Crossings/Street Improvements) and schedule a final assessment public hearing to be held on September 3, 1991. Aye: 5 Nay: 0 Page 4/EAGAN CITY COUNCIL MINUTES July 16, 1991 P' 5: PROJECT 601, LEXINGTON AVENUE/LONE OAK ROAD INTERSECTION RECONSTRUCTION AND SIGNALIZATION Mayor Egan began the Public Hearings portion of the agenda by introducing Project 601, Lexington Avenue/Lone Oak Road intersection reconstruction and signalization. He continued that on July 2, a public hearing was held to discuss the proposed improvements referenced under this project, however, Opus Corporation requested additional time to review details associated with this project. City Administrator Hedges stated that City Engineer Colbert and Mark Hanson from BRAA, having been involved in the feasibility report and design portion of this issue, were present to answer specific questions the Council or public may have. He noted that the Council continued the public hearing from July 2. 1991 to July 16, 1991 and had staff hold a neighborhood meeting with all affected property owners prior to the July 16th meeting. Mayor Egan responded that since an extensive presentation had been done on July 2nd and Council members had the list of questions brought up at the July 11th neighborhood meeting, along with staffs responses to those questions, it would be appropriate to move on to the public hearing portion of this issue. Mark Anderson, representing Opus Corporation stated that they are in support of this project, however there are still two issues that need to be clarified. In working with staff, it appears that the two remaining issues are policy items that need to be addressed by the Council. The first concern Mr. Anderson raised was with respect to the storm sewer system. The feasibility report calls for the dumping of storm water from Lone Oak Road (east of Lexington Ave.) into a storm sewer line at the intersection of N. Armstrong Boulevard and Lone Oak Road. The water then moves south and easterly on Apollo Road to Pond EP-1. Mr. Anderson continued that when this subdivision was built the storm sewer system was built to accommodate the current standards at that time. Later in the early 80's when the standards changed, it was decided that on-site retention would be necessary. Within the last several years Opus has constructed 5 buildings and provided on-site ponding in each case to decrease the burden on the existing storm water system. Opus is requesting that this project provide for and pay for the necessary detention associated with this development. City Engineer Colbert noted that Phase II of this project would incorporate the ponding easement required for this project and relocation of the frontage road from Lone Oak Circle to line up with Neal Armstrong Blvd which is proposed for 1993. He continued that it is not appropriate to be proceeding with Phase II at the present time while Phase I is being implemented. For approximately two years the storm water from this improvement will be temporarily converted to the existing system in the industrial park, which is not at capacity at the present time, but will be switched back over to on-site ponding that will part of Phase H. Colbert continued that it is anticipated that the acquisition process for Phase H will begin within the next year. He also clarified that the project would be responsible for paying for the on-site ponding requirement. The second issue raised by Mr. Anderson concerns the new "overlay" charge. He noted that the portion of road between Highway 35E and Lexington on Lone Oak Road, bounded by the 9th and 10th Addition were platted within the last four years and paid the full industrial road assessments. Since the feasibility report calls for an overlay charge on this portion of road, it is Mr. Anderson's contention that the overlay is not necessary to the life of this road, rather it is being done to provide for the widening of this intersection. Their feeling is that the sections of Lexington that are old should be assessed the overlay charge but ask that the overlay assessment be removed on those portions of new roads that will require an overlay only for the purpose of intersection widening. 1 !f1( ss; Page 5/EAGAN CITY COUNCIL MINUTES July 16, 1991 City Engineer Colbert responded that the overlay is not required for structural purposes, rather for the widening at this intersection. He continued that there needs to be a clarification as to the time frame required before an overlay would be assessed, noting that a 15 year time frame may be an appropriate time frame for the Council to consider. Ralph Kirkoff, attorney representing Mr. and Mrs. Marvin Rahn, 3050 Lexington Avenue South; Mr. and Mrs. Harlan Bluhm, 2995 South Lexington Avenue; Mr. and Mrs. Darrell Lundeen, 2785 Lexington South; Mr. and Mrs. Vern Cole, 2977 South Lexington was present to urge the Council to vote against this project because of the negative impact it would have to their properties. He continued that the right-of-way taking would seriously intrude onto the properties. He noted that the Bluhms would lose 27 feet across the front of their property, would lose most of their trees leaving them no buffer from the roadways. Similarly, the Rahns would find the proposed right-of way 8 feet from their garage. Additionally, the trail extension would be detrimental to the homes along this roadway. The primary concern for all these homeowners is the installation of the median and the inaccessibility to their homes if that does occur. In conclusion Mr. Kirkoff stated that the residents he is representing would prefer that this project not occur, however if the Council does decide to proceed with it, they would like the proposed bike trail to be eliminated. City Engineer Colbert commented that even if the trail was not installed at this location the right-of- way would need to be obtained to provide for utilities and snow storage. Since this type of acquisition is handled by the County. Colbert questioned if the right-of-way distance would be reduced if a trailway was installed, to which Dakota County representative Pete Sorenson responded minimally. Mr. Sorenson continued that the new road widening at this intersection would indeed impact many of the trees that currently exist. Mayor Egan stated that there didn't appear to be a burning need to expand the trail from Knox Lumber south to this intersection. James Roberts, who owns a business on the northeast corner of the Lexington/Lone Oak intersection expressed his concern for this project. His primary concern was for the median being proposed and the limitations it imposed for access into his property. He noted it would be difficult for trucks coming from 35E to make the left turn onto northbound Lexington and be prepared for an immediate right turn into his property. Part of the complication is the fact that there is a great deal of stacked traffic accessing the post office immediately north of his business property. Another concern was for egress from the property on the north side of Lone Oak Road. Mr. Roberts wanted to see the County provide a curb cut on the north side of Lone Oak east of his existing building along with the elimination of the median on the east side of Lone Oak so that truck/trailers could easily circulate through the property. Pete Sorenson reviewed traffic counts in this area compared to other major intersections with similar use and explained the need to provide for a heavy left turn from north bound Lexington onto Lone Oak Road for easy access to 35E. He noted the median would provide separate north bound and south bound lanes along with a protected left turn lane. Mr. Roberts reiterated his desire to have the option of a left turn into his property from Lone Oak Road. Councilmember Wachter noted his concern for endangering restriction of business for Cray Prospects along with the restricted access to the property owners near this intersection. Mr. Bluhm questioned how he would get to his property from the south noting that the only way he could do this would be to continue past the intersection on north bound Lexington to the end of the median, make a U-tum when traffic allows and them come south bound on Lexington until he can gain access to his property. The county has noted that initially U-turns will be allowed at the end of the proposed medians, however, if a condition exists where this becomes an unsafe practice, U-turns would then be banned. If this becomes a reality, Mr. Bluhm noted that it would additionally restrict their access to their property. Page 6/EAGAN CITY COUNCIL MINUTES July 16, 1991 Mayor Egan suggested considering an option of painting lanes rather than installing concrete medians as a compromise. Tom Colbert noted that these residential homes are surrounded by industrial property and suggested that perhaps an access through the median be considered for these homeowners with the understanding that the full median would be installed when the homes are sold and zoning has changed. McCrea commented that she supported painting of the medians to prevent any more inconvenience to citizens. After further discussion, Mayor Egan moved, McCrea seconded a motion, to dose the public hearing and approved Project 601 with the understanding that a recommendation be made to the County that there be a division in the median to allow access to homeowners on the west side of Lexington and Lone Oak and the business on the east side of Lexington and north side of Lone Oak. The trailway on the west side of Lexington, north of Lone Oak will not be installed until such time as rezoning of the residential area is completed. Aye: 5 Nay. 0 City Engineer Colbert clarified another concern raised by Mr. Anderson by stating that access to businesses and residence would be maintained at all times during the construction process. PROJECT 601, COUNTY COST PARTICIPATION AND TRAFFIC SIGNAL AGREEMENTS #26-16 AND #91.07/LEXINGTON & LONE OAK ROAD INTERSECTION RECONSTRUCTION AND SIGNALIZATION Gustafson moved, Wachter seconded the motion to approve County Cost participation Agreement #26- 16 and Traffic Signal Agreement #91-07 (Lexington Avenue & Lone Oak Road-Intersection Reconstruction and Signalization) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OVERLAY POLICY RELATING TO ASSESSMENT POLICY Based on earlier objections to this issue and after extensive review, Dave Gustafson moved, Ted Wachter seconded the motion that the City's reconstruction assessment policy be modified to stipulate that an overlay assessment would apply only to those street segments that were more than 15 years old from original construction. The motion further stated that once the policy change had been made then it should be brought back to the Council. Aye: 5 Nay: 0 PROJECT 584 (Rahn Road), RECONSIDERATION OF FINAL ASSESSMENT MOUNT CALVARY LUTHERAN CHURCH After a brief introduction by Mayor Egan, Administrator Hedges explained that Mt. Calvary Lutheran Church had requested the Council consider a portion of their frontage along Rahn Road to be assessed at the single-family rate rather than the public facility rate. The change involves the parsonage being separated from the church itself. After review by the City Attorney's office it appears that providing for two different rates would be appropriate in this case. Councilmember McCrea expressed her support for the reduction in assessments and was confident that this will not be a precedent setting issue. Mayor Egan also expressed his support for this reduction stating this was the highest and best use for the land. Page 7/EAGAN CITY COUNCIL MINUTES 0July 16, 1991 Tim Pawlenty moved, Ted Wachter seconded the motion to close the public hearing for Project 584 (Rahn Road Reconstruction) as it pertains to Parcel 10-02000-010-28 (Mount Calvary Lutheran Church) and approve the modified assessment roll and authorize it certification to Dakota County. Aye: 5 Nay 0 B SPECIAL USE PERMIT/S'IEININGER CONSTRUCTION CONCRETE RECYCLING Mayor Egan introduced this item and Community Development Director Runkle explained that this application for a special use permit to allow continued operation of their concrete recycling activities at the corner of Highway 149 and Yankee Doodle Road has been reviewed by staff with no negative comments from neighboring property owners who have been noticed. Councilmember McCrea noted that the largest concern of the Council was the impact this may have on the neighborhood. With there being no concerns expressed, she was comfortable supporting the approval of this request. McCrea moved, Wachter seconded the motion to approve a special use permit for Steininger Construction to allow continuation of their concrete recycling operation in an LI (Limited Industrial) district with the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. 3. The operation shall be subject to an annual review. If renewal is denied, the applicant will be provided with a six-month notice for termination. Aye: 5 Nay: 0 RECREATIONAL FACILITY COMMITTEE RECOMMENDATION ICE ARENA/SWIMMING POOL PROJECT Mayor Egan introduced this item as a request for direction by the Council regarding the Recreational Facility Committee's recommendation to proceed with ice arena/swimming pool project. Administrator Hedges noted that the Council had held a workshop to discuss the recommendations made by the Recreational Facility Committee. As follow-up to this issue, staff prepared a memo outlining the background and history of this project, along with some pertinent issues for the Council to address and resolve including funding options, legal review of using community investment funds, time table/process and policy questions. City Attorney Jim Sheldon stated that a bond referendum cannot be conducted solely on the issue of whether or not to use community investment funds. Mayor Egan expressed his appreciation for the extensive memo that was provided regarding this issue. After reviewing it he noted that because of the extensive number of issues that still have not been addressed, it would be appropriate for the Council to set another workshop date wherein these issues can be addressed item by item so that some resolution can be brought to this issue. McCrea moved, Gustafson seconded the motion to defer the discussion of the ice arena/swimming pool to the special Council meeting of July 29, 1991 at Trapp Farm Park. Aye: 5 Nay 0 It was noted that the appropriate notices would be provided so that the public would be welcome to attend. Page 8/EAGAN CITY COUNCIL MINUTES July 16, 1991 1991 TRAILER PERMITS After introduction of this item by Mayor Egan, Councilmember McCrea expressed concern for the request by Marvin & Verene Fritz noting that the 1990-91 permit was approved in this instance based on the proviso that a single family home would be constructed on this site and the mobile home would be removed. She continued that this permit has been renewed in subsequent years. Administrative Assistant Witt stated that after contacting Mr. Fritz, he indicated they were still experiencing difficulty in obtaining financing. Mayor Egan reiterated that the Council had been emphatic about this issue when it was addressed in 1990; the mobile home permit was issued based on the expectation that the single family home would be constructed and the mobile home removed. Councilmember Wachter expressed a similar concern for the Steven Isaacson permit noting that this mobile home is no longer a sales office which was the initial intent of the permit. In response to a question from Councilmember Gustafson, Administrative Assistant Witt explained that she had not had any communication with Mr. Isaacson after he was notified of the City Council meeting where this item would be addressed. Wachter moved, Pawlenty seconded the motion to approve 1991 trailer permit renewals for B & F Distributing dba Tripp Oil, Alwin & Lyle Shultz and Earl Marotzke. The motion denied approval of 1991-92 trailer permit renewals for Marvin & Verene Fritz and Steven Isaacson until such time as they could appear before the City Council for reconsideration of the denial. Aye: 5 Nay: OAKS OF BRIDGEWATER 2ND ADDITION - CONTRACT AWARD McCrea moved, Pawlenty seconded the motion to approve Contract 91-04 (Oaks of Bridgewater 2nd Addition) to Burschville Construction Company in the amount of $323,573.74 and to authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 WILLBROOK ADDN - CONTRACT AWARD Pawlenty moved, McCrea seconded the motion to receive the bids and approve contract award for Contract 91-05 (Willbrook Addition - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. UwB CITY CODE INIERPREfATION/LI IIIED INDUSTRIAL DISTRICT Mayor Egan introduced this item and City Administrator Hedges explained that this item is an interpretation of the City Code to determine whether a medical clinic and an occupational therapy clinic are permitted uses under the code or are substantially similar to permitted uses such that they could be located in that facility. Bob Worthington of Opus Corporation, working with both Health One and Spectrum Physical Therapy as potential tenants of Armstrong Business Center I, explained that both companies were looking for an industrial environment to develop an occupational health clinic and rehabilitation area for those injured on the job. In response to a question from Councilmember Wachter, a representative from Spectrum Therapy System commented that the occupational therapy clinic would be a work simulation environment, therefore an industrial environment would be most beneficial. Councilmember McCrea welcomed both companies to the City of Eagan and made a motion that a medical clinic and occupational therapy clinic are permitted or substantially similar permitted uses within a limited industrial district. Dave Gustafson seconded the motion. Aye: 5 Nay: 0 ~l i Y S•~Fr• ~ a~ Page 9/EAGAN CITY COUNCIL MINUTES July 16, 1991 SPECIAL PERMIT/OPUS CORPORATION BUSINESS IDENTIFICATION SIGN Mayor Egan introduced this item and City Administrator Hedges explained this as a special permit to allow a business identification sign at Lot 6-13, Block 5 Eagandale Center Industrial Park #3 located along the south side of Lone Oak Road west of Neil Armstrong Boulevard. This application is to allow the placement of a 3' x 6' business identification monument sign for the Minnesota State Lottery. Pawlenty moved, Gustafson seconded the motion to approve a special permit for Opus Corporation to allow a business identification sign at the Lone Oak Business Center subject to the following: 1. The monument sign shall only be allowed while the Minnesota State Lottery is a tenant in the Phase II Lone Oak Business Center. 2. All signage shall be subject to the one-time sign fee of $2.50 per square feet. 3. All other applicable Codes. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN TRANSPORTATION PLAN AND PUBLIC UTILITIES PLAN ELEMENTS After a short introduction by Mayor Egan, City Administrator Hedges stated this was an update on Metropolitan Review of Eagan Transportation Plan and Public Utilities Plan. Information provided from the Community Development Department notes that the Metropolitan Council staff has several elements it feels it cannot fully address until the Metropolitan Council completes revisions of its 2010 forecasts. It is being suggested that the Council consider formalizing an interim policy even though final adoption cannot occur until Met Council approval. McCrea moved, Gustafson seconded the motion to approve a memorandum updating the transportation plan and public utilities plan elements of the comprehensive guide plan as interim standards until the Metropolitan Council review can be completed. Aye: 5 Nay: 0 Mayor Egan expressed concern that the Metropolitan Council has had a difficult time accepting the figures provided by the City of Eagan; ultimately those numbers do catch up to the City's projections, but not without causing some problems. Councilmember McCrea complimented staff for their continued follow through on this issue. R-91.46 CITY CODE AMENDMENT/REGULATION OF DANCE HALLS After a brief introduction of this item by Mayor Eagan, City Administrator Hedges commented that this issue has been on the back burner for several months. He noted that Council's direction was to have staff work on an amendment to the Eagan City Code regarding the regulation of dance halls. Police Chief Geagen explained that Harold Stevens, the owner of Dairy Queen at the Eagan Convenience Center, has been offering dances at this location for young teens and is willing to comply with the ordinance as it is written. Mr. Stevens explained that he has had several years of experience in the entertainment business and has operated businesses similar to this for quite some time. His experience is that it is important to have two police officers present at these activities to make sure activities are appropriately monitored. He is maintaining a top occupancy level of 150 in the building at one time. He continued that the restaurant will take on a Hard Rock Cafe look and they will be offering pizza at some time in the future to their menu. This site is being proposed as a positive environment for youth and families. Page 10/EAGAN CITY COUNCIL MINUTES July 16, 1991 Gustafson moved, Pawlenty seconded the motion to approve an amendment to the Eagan City Code, Chapter 6, Section 31 regarding dance halls as presented with the following fees: 1. Application and investigation fee for dance hall $300 (non-refundable) 2. Annual dance hall fee (pro-rated, calendar year) $300 3. Single event public dance $ 50 Aye: 5 Nay: 0 Mayor Egan commented that even though this has been on the back burner for some time it is good to be pro-active in this issue rather than wait for a problem to react to. VARIANCE/NATURAL Ni[NERALS CORPORATION/LOT COVERAGE REQUIREMENT McCrea moved, Pawlenty seconded the motion to continue the request for a variance for Natural Mineral Corporation of 1.6% of the 35% maximum building coverage requirement for their property located at 855 Apollo Road. Aye: 5 Nay: 0 VARIANCEJDAVID PERRON FRONT YARD SETBACK Wachter moved, McCrea seconded the motion to approve the variance for David Perron of 4' from the 30' front yard setback with the following conditions: 1. No further variances shall be approved for exceeding lot coverage maximums. 2. A landscaping plan shall be submitted, and approved,prior to the issuance of the building permit. 3. No employee, or work-related parking on the street shall be allowed. 4. The silos shall be painted the same color as the building. 5. All other applicable City requirements shall be met. Aye: 5 Nay: 0 WAIVER OF PLAT/DCR COMPANY SPLITFJNG A SINGLE TAX PARCEL Wachter moved, Gustafson seconded the motion to continue this agenda item. Aye: 5 Nay: 0 PRELIMINARY PLATS TODD RAP ADDITION MIDDLEMIST PROPERTIES City Administrator Hedges introduced this item as a request for a preliminary plat for 4 single family lots within the Manor Lake Addition. This site is located along the west side of Manor Lake and was previously proposed to have 5 single family lots. Community Director Runkle explained that this item appeared before the Advisory Planning Commission on June 25, 1991 and they are requesting approval. Administrator Hedges noted that vacating the existing easements of Lots 7, 8, & 9, Block 1, Manor Lake Page 11/EAGAN CITY COUNCIL MINUTES 3C1 2`-,°3 July 16, 1991 Addition and Lots 1 & 2, Block 5, Manor Lake 2nd Addition would require a public hearing. In response to a question by Wachter, City Attorney Jim Sheldon responded that the meeting could be done in conjunction with the final plat rather than the preliminary plat. Robert Middlemist addressed the Council stating his hope that additional fees for this preliminary plat would not be required. After further discussion, Gustafson moved, Pawlenty seconded the motion to approve a preliminary plat for the S Todd Rapp Addition/Middlemist Properties located within the Manor Lake Addition with the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Bi, B2, B4, Cl, C2, Dl, El, and Hl. 2. A final detailed grading plan is required for staff review prior to final plat approval. 3. The development is required to relocate the existing storm sewer common to Lot 9, Block 1, Manor Lake Addition, and Lot 1, Block 5, Manor Lake 2nd addition, to the common lot lie of proposed Lots 2 and 3, Block 1, S Todd Rapp Addition. Condition #4 (Vacating existing easements of Lots 7, 8 & 9, Block 1, Manor Lake Addition and Lots 1 & 2, Block 5, Manor Lake 2nd addition) was dropped and will be covered at a public hearing in conjunction with the final plat. Aye: 5 Nay: 0 PRELIMINARY PLAT/GOLDEN MEADOW ADDITION After a brief introduction by Mayor Egan, Community Development Director Runkle stated the Advisory Planning Commission reviewed this application at their June 25, 1991 meeting and they are recommending approval. The specific request is to plat Outlot A with Lots 8, 9 and 10, Overview Estates Replat, extending the rear lot lines of these lots to the northernmost lot line of Outlot A. Pawlenty moved, McCrea seconded the motion to approve a preliminary plat application for Golden Meadow Addition consisting of 3 lots located on the west side of Dodd Road, north of Golden Meadow Road with the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: A1,B1 and H1. 2. This plat shall be recorded with Dakota County. 3. These lots shall not be further divided. i! Councilmember Gustafson suggested that the Council look at how assessments for improvements are reviewed and perhaps look at having more review of these items before they come before the Council. Wachter commented that there was an assessment committee on past councils, however, that is no longer the case. McCrea noted that the Council may want to re-think the assessment committee option in order to help cut down on the time spent at Council meetings on these issues. Mayor Egan commented that people may still want to have the opportunity to express their concerns to the Council. Page 12/EAGAN CITY COUNCIL MINUTES July 16, 1991 Councilmember McCrea, responding to the issue of backlogged traffic on north bound Lexington resulting from post office traffic suggested that perhaps the post office should consider staffing more people in their building to accommodate the public before extensive plans are made to build a larger facility. Councilmember Pawlenty stated he had received several calls regarding the poles and nets located at the T-Time golf range on Lexington and Diffley. He suggested that staff look at how this area can be cleaned up to eliminate any potential hazards. RWFW Wachter moved, Egan seconded a motion to approve the check list dated July 16, 1991, in the amount of $626,646.77. Aye: 5 Nay: 0 The City Council adjourned the regular meeting at approximately 10:35 p.m. CITY OF EAGAN anOverbeke Ci lerk