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07/05/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA July 5, 1989 A regular meeting of the Eagan City Council was held on Wednesday, July 5, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Jim Sturm and City Attorney James Sheldon. AGENDA There were no additions to the agenda. The following items were continued: Consent Agenda: Item R. - Project 523, Adjustment to Final Assessment Obligations (Blackhawk Ponds Addition); Public Hearing: Item B. - Project 564, Rahncliff 2nd Addition (Streets and Utilities); and New Business: Item A. - Gambling Application/Pulltabs, Optimist Club at Richard's Food & Liquor; Item C. - Preliminary Plat, Stryker Addition/DCR Company; and Item F. - Dakota County State Bank, Request to Waive Assessments on Property. Egan moved, Gustafson seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES June 20, 1989. Councilmember Egan requested a correction to the motion for Item P. under the Consent Agenda. The motion should read: "Wachter moved, Egan seconded, the motion to receive the bids for vehicle number 219 and award to the lowest responsible bidder, Ruffridge-Johnson Equipment Company and defer payment as late into the season so part of the cost will carry over into 1990. All voted in favor." Mayor Ellison requested the following changes: Page 3 - second paragraph, the word "solicit" should be replaced in the motion for the word "advertise". Page 12, paragraph 3, the second sentence should read: "Mayor Ellison commented that nobody wanted the trailways in their yard and that the citizens should not misconstrue the action." Page 13, paragraph 6, should read: "McCrea moved, Wachter seconded, the motion to deny the conditional use permit for Naegele Outdoor Advertising to allow a billboard advertising sign in an LI Page 2/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 district, for the following reasons: the river valley is the entrance to the City of Eagan; and the requested sign was too large for an LI district. All voted in favor." Councilmember Gustafson requested the following changes: Page 13, the last paragraph, the word "eight" should be changed to "eighteen". Page 5, the second paragraph should read: "It was recommended to approve the Space Needs Analysis proposal as submitted by BRW Architects, Inc." Page 9, the third paragraph should read: "Egan moved, Gustafson seconded, the motion to close the public hearing and approve Project 569 (Armstrong Business Center - Utilities) to include alternative number 2. All voted in favor." Page 19, the fourth paragraph should read: "Community Development Director Dale Runkle stated that staff was enforcing the fence ordinance, the Council requested further review of the fence ordinance." Page 13, paragraph 3, the last line should be deleted and replaced with "The motion was withdrawn." Councilmember McCrea requested the following corrections: Page 9, the second to the last paragraph should have the following addition: "If additional risk management was needed, the City could enter into a subsequent risk management agreement if they desire in the future." Page 12, paragraph 2, the second to the last line should read: "He recommended expediting the Highline Trail and that Tri-Land should pay its obligation." McCrea moved, Egan seconded, the motion to approve the minutes for the June 20, 1989 regular Council meeting as amended. All voted in favor. CASH FOR TRASH/RECYCLING WINNER City Administrator Tom Hedges introduced the matter to the Council. John Hohenstein reviewed the City's program. Chris Hagman made a presentation. Mayor Ellison presented the check with congratulations to Joan Wickerstrom. Councilmember Egan questioned if there were any problems or issues regarding recycling. Mr. Hohenstein stated that the County will guarantee the market. Page 3/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 DEPARTMENT HEAD BUSINESS City Administrator Tom Hedges thanked Police Chief Geagan and the Police Department for doing a fine job over the July 4th weekend. He stated that the Explorers also did a great job. Police Chief Geagan remarked that the July 4th festivities were a success. Councilmember McCrea questioned if there was any progress on the billiards problem. Police Chief Geagan responded that the Police Department was monitoring the matter and had increased the patrol. McCrea stated she felt the businesses should be charged for excessive calls. Police Chief Geagan replied that the contacts increased due to off-duty police on the premises. He further stated it is difficult to collect fines for excessive alarm calls. McCrea suggested that the businesses that have the problems should have their permits reviewed. Police Chief Geagan explained that a permit was not required. Councilmember Egan commented that the real question was whether the business was paying enough for the enforcement. Councilmember McCrea pointed out that one of the local hotels was advertising therapeutic massage. Police Chief Geagan stated the Police Department would check on the matter. Councilmember Wachter requested the removal of the surplus asphalt on Highline Boulevard, west of Blackhawk. CONSENT AGENDA A. Personnel Items. 1. Hearing Conservation Program Agreement. It was recommended to approve the 1989 Hearing Conservation Program Agreement with the City of Bloomington. 2. Seasonal Balifield Attendant (Informational). The Council was informed of the hiring of John McShane as a seasonal ballfield attendant for the Parks & Recreation Department. B. Receive Bid/Award Sale, Surplus Former Police Car, 1984 Ford Crown Victoria. It was recommended to approve the high bid from Suburban Auto Sales in the amount of $1,476.00 for the sale of the surplus former police car, 1984 Ford Crown Victoria. Page 4/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 C. License, Off-Sale Non-Intoxicating Malt Liquor for Brooks Superette at 3390 Coachman Road. It was recommended to approve the off-sale non-intoxicating malt liquor license for Brooks Superette at 3390 Coachman Road. D. Contract 88-35, Approve Change Order No. 1 (Hidden Valley - Sanitary Sewer). It was recommended to approve Change Order No. 1 to Contract 88-35 (add $2,250.00) (Hidden Valley - Sanitary Sewer) and authorize the Mayor and City Clerk to execute all related documents. E. Contract 86-02, Final Payment/Acceptance (Nicols Road - Streets). It was recommended to approve the 9th and final payment for Contract 86-02 (Nicols Road - Streets) to Bituminous Roadways in the amount of $17,362.59 and authorize the Mayor and City Clerk to execute all related documents. F. Project 428, Approve Resolution/MNDot Cost Participation Agreement (Cedar Industrial Park - Storm Sewer). It was recommended to approve a resolution/MNDot Cost Participation Agreement for Project 428 (Cedar Industrial Park - Trunk Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. R-89.36 G. Contract 85-Y, Final Acceptance (Sun Cliff 3rd Addition - Utilities). It was recommended to accept Contract 85-Y (Sun Cliff 3rd Addition - Utilities) for perpetual maintenance, subject to applicable warranty provisions. H. Contract 86-DD, Final Acceptance (Rahncliff 1st Addition - Utilities). It was recommended to accept Contract 86-DD (Rahncliff 1st Addition - Utilities) for perpetual maintenance, subject to applicable warranty provisions. 1. Contract 85-P, Final Acceptance (Forest Ridge - Utilities). It was recommended to accept Contract 85-P (Forest Ridge - Utilities) for perpetual maintenance, subject to applicable warranty provisions. Page 5/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 J. Contract 88-37, Approve Change Order No. 2 (General Electric Supply Company - Storm Sewer). It was recommended to approve Change Order No. 2 to Contract 88-37 (add $2,580.00) (General Electric Supply Company - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. R. Project 443, Receive Final Assessment Roll/Order Public Hearing (O'Neil Pond Acquisition). It was recommended to receive the final assessment roll for Project 443 (O'Neil Pond Acquisition) and schedule a public hearing to be held July 18, 1989 at 7:00 p.m. L. Project 571, Receive Report/Order Public Hearing (Cray Addition - Storm Sewer). It was recommended to receive the feasibility report for Project 571 (Cray Addition - Storm Sewer) and schedule a public hearing to be held on August 1, 1989 at 7:00 p.m. M. Project 572, Receive Report/Order Public Hearing (Lexington Way - Street and Trunk Watermain). It was recommended to receive the feasibility report for Project 572 (Lexington Way - Street and Trunk Watermain) and schedule a public hearing to be held on August 1, 1989 at 7:00 p.m. N. Contract 88-17, Receive Bids/Award Contract (Cedarvale Boulevard - Overlay). Public Works Director Tom Colbert informed the Council that the bid should be awarded subject to the state aid approval. It was recommended to receive the bids for Contract 88-17 (Cedarvale Boulevard - Overlay) and award the contract to Midwest Asphalt, Inc., to include the alternate bid, for a total of $304,935.80, subject to state aid approval. 0. Approve Gun Club Lake Watershed Management Organization 1990 Budget. It was recommended to approve the 1990 budget for the Gun Club Lake Watershed Management Organization. Page 6/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 P. Contract 88-03, Approve Change Order No. 2 (Northview Park Road - Streets and Utilities). It was recommended to approve Change Order No. 2 to Contract 88-03 (Northview Park Road - Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 89-01, Approve Plans/Authorize Ad for Bids (1989 Seal Coating). It was recommended to approve the plans and specifications for Contract 89-01 (1989 Seal Coating) and authorize the advertisement for a bid opening to be held at 10:00 a.m. on Friday, July 28, 1989. R. Project 523, Adjustment to Final Assessment Obligations (Blackhawk Ponds Addition). It was recommended to continue the adjustment to the final assessment obligations (Blackhawk Ponds Addition). S. Vacate Public Right-of-Way, Receive Petition/Order Public Hearing (Cedarvale Boulevard). It was recommended to receive a petition to vacate a portion of Cedarvale Boulevard public right-of-way and schedule a public hearing to be held on August 1, 1989. Wachter moved, Gustafson seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. PROJECT NO. 566/COVENTRY PASS/TRUNK UTILITIES City Administrator Tom Hedges introduced the matter to the Council. Jerry Bourdon (Bonestroo) presented the feasibility report for the improvements. He stated the project should be constructed in phases and he explained the project cost and assessments. Councilmember McCrea asked what the outcome would be if the project were not completed. Mr. Bourdon replied that the developer has an interest in the completion. Councilmember Egan asked which phase would benefit Inver Grove Heights. Mr. Bourdon responded that Inver Grove Heights would pay the connection charge for the sanitary sewer. He informed the Council that the storm sewer may be a watershed issue. Leonard Karen, 4000 Dodd, objected to the assessments. He requested a deferral until his property was sold. He informed the Council that the assessments may force him to sell. Page 7/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Councilmember Egan stated that the City must establish a benefit to the property. Public Works Director Tom Colbert explained that a postponement would make the property liable for future rates. Councilmember Wachter informed Mr. Karen he sympathized with his concerns as he had a similar experience. Councilmember McCrea questioned if Mr. Karen had the option to postpone. Mr. Colbert responded his only options were either Green Acres or Senior Citizen Deferment. Councilmember Egan had questions regarding the Green Acres policy. City Attorney Jim Sheldon explained the benefit of the deferment, the statute and the policy. Councilmember Gustafson had concerns and stated that ownership of ten acres in Eagan was not affordable unless you are very well to do. Mayor Ellison remarked that Green Acres was the answer. City Attorney Jim Sheldon pointed out that the market value increase was the standard. Egan moved, Wachter seconded, the motion to close the public hearing and approve Project 566 (Coventry Pass - Trunk Utilities) and authorize the preparation of detailed plans and specifications. All voted in favor. Councilmember Wachter stated he did not object to Green Acres for this parcel. PROJECT NO. 564/RAHNCLIFF 2ND ADDITION/STREETS AND UTILITIES McCrea moved, Wachter seconded, the motion to continue the public hearing for Project No. 564 (Rahncliff 2nd Addition - Streets and Utilities) to the July 18, 1989 City Council meeting. All voted in favor. PROJECT NO. 567/EFFRESS ADDITION/STORM SEWER City Administrator Tom Hedges updated the Council on the matter. Jerry Bourdon (Bonestroo) presented the feasibility report and explained the assessments. Wachter moved, Egan seconded, the motion to close the public hearing and approve Project No. 567 (Effress Addition - Storm Sewer) and authorize the preparation of detailed plans and specifications. All voted in favor. Public Works Director Tom Colbert informed the Council that easements needed to be acquired for a pond. Egan moved, Wachter seconded, the motion to authorize the pond acquisition. All voted in favor. Page 8/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 -J kip VACATE UTILITY EASEMENT/KINGSWOOD 1ST ADDITION City Administrator Tom Hedges provided background information regarding the matter. Rollie Crawford (Attorney for developer) informed the Council that the neighbors had concerns regarding the new easements and requested further discussion with the staff. Allan Notvik explained he was attempting to save four oak trees. He was opposed to the easement as it exceeded the expectations. Public Works Director Tom Colbert explained the City easement policy. Mayor Ellison asked if the City would be removing the trees. Mr. Colbert responded no, as the trees are very important. He. stated that the City has worked to save as many trees as possible. Councilmember Wachter remarked that the City has a good track record regarding the saving of trees. Councilmember Egan pointed out that in the past the right-of-way had been reduced by 10 feet. Councilmember McCrea stated that the City would work with the Notvik family. She stressed that the Council and staff are sensitive to citizen concerns. Mr. Colbert pointed out that the use of the easement would be the last resort. Wachter stated that the use of the easement as a last resort could be put in writing. McCrea moved, Egan seconded, the motion to close the public hearing and approve the vacation of all drainage and utility easements within the Kingswood 1st Addition and authorize the Mayor and City Clerk to execute all related documents, subject to the recording of the Kingswood 2nd Addition final plat. All voted in favor. PROJECT NO. 488/FINAL ASSESSMENT HEARING/BLACKHAWK ROAD Public Works Director Tom Colbert summarized the application and the background regarding the matter. Sharon Hanson, 4105 Blackhawk, referenced her letter to the City of Eagan dated June 22, 1989. She stated the preliminary assessment roll was incorrect and had concerns regarding the crosswalk. She further had concerns regarding speeding. Public Works Director Tom Colbert pointed out that only two parcels qualified for the assessment policy credit. He stated staff is investigating the crosswalk location. Councilmember Egan asked why there were increased costs. Colbert stated there were increases in the costs because of easement acquisitions and that the Blackhawk Plaza access required changes. Page 9/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Councilmember Wachter questioned the location for the children to cross. Mayor Ellison requested the Police Department check the area. Hugh Stewart, 4106 Blackhawk, had concerns regarding the trees. Public Works Director Tom Colbert stated that the City agreed to relocate the trees but did not guarantee their survival. Mr. Stewart pointed out that the trees were never planted correctly and requested a deferment. Mr. Colbert stated that Mr. Stewart qualified under Policy 86-3 but that the City required a signed agreement. Councilmember Wachter remarked that when trees are moved, the City Forester should instruct the people on the proper care for the trees. Councilmember Egan pointed out that this project had bad luck from the start as it was a difficult plan. Public Works Director Tom Colbert informed the Council that the other property owner qualifying for Policy 86-3 had not responded. Mayor Ellison informed staff to notify the property owner again and give him a week to respond in writing. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 488 (Blackhawk Road - Streets and Storm Sewer) and authorize its certification to the County. All voted in favor. TRAILER PERMIT RENEWALS/1989 City Administrator Tom Hedges presented the background information and an update to the Council. Marvin Fritz informed the Council he obtained a permit in the early 1980s and was attempting to build a home by fall or early spring. Councilmember Wachter pointed out that the City had to adopt a policy. Egan moved, Wachter seconded, the motion to approve a one-year non-renewable trailer permit for the Marvin Fritz mobile home located at 4580 East Greenleaf Drive. All voted in favor. McCrea moved, Wachter seconded, the motion to approve the trailer permit renewal for the Lyle Schultz mobile home located at 1315 Carriage Hills Drive, subject to the condition that the mobile home may only be occupied by Elizabeth Schultz. All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 r Councilmember McCrea stated that the Horne trailer had been painted. Mayor Ellison stated he felt it was time for the trailer to be moved as it was being used for storage. Councilmember Egan agreed and pointed out that the intent was originally for undeveloped land and that the use was no longer compatible. McCrea questioned if a denial by the Council would violate any previous Council or staff action. Jeff Weldon responded no. Councilmember Gustafson stated the motion should include a period of time. Gustafson moved, Egan seconded, the motion to approve a non-renewable trailer permit to expire October 31, 1989, for Jim Horne at 3850 Coronation Drive. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the trailer permit renewals for Tripp Oil Company, 3085 Highway 13; American Homes, 3660 Dodd Road; Earl Marotzke, 535 Gun Club Road; and Edmund Schwanz, 810 Yankee Doodle Road. All voted in favor. MTC PARK AND RIDE SITE/CONSIDERATION OF AGREEMENT City Administrator Tom Hedges introduced the matter to the Council. Mayor Ellison pointed out that Mr. Brown should review the document and have a say in its execution. City Administrator Tom Hedges stated that the proposed action was to authorize the submission of the agreement to Cedarvale Shopping Center for its review and execution. Gustafson moved, Wachter seconded, the motion to approve the Cedarvale Boulevard Vacation/MTC Park and Ride Site Agreement and require Cedarvale Shopping Center's review and execution prior to the public hearing for the vacation of Cedarvale Boulevard right-of-way. All voted in favor. JOINT AMBULANCE SERVICE AGREEMENT City Administrator Tom Hedges presented the matter to the Council. Councilmember McCrea asked for the average response time. Mr. Hedges stated he was unsure but would check into the matter. Mayor Ellison stated the response time was between two to four minutes. Councilmember Wachter remarked that he felt 15 minutes was a long time. He further questioned if the agreements were identical between the cities. Mr. Hedges responded yes. Councilmember Gustafson stated he felt it was a good agreement. Gustafson moved, Wachter seconded, the motion to approve the execution of the Ambulance Service Agreement commencing January 1, 1989 through December 31, 1992. All voted in favor. Page it/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 GAMBLING APPLICATION/PULL TABS FOR OPTIMIST CLUB/ RICHARDS FOOD & LIQUOR Gustafson moved, Egan seconded, the motion to continue the gambling application for the Optimist Club for pull tabs at Richards Food & Liquor to the July 18, 1989 City Council meeting. All voted in favor. VARIANCE/DALE WAGNILD City Planner Jim Sturm presented the application to the Council and stated that the Advisory Planning Commission is not required to review a variance request. He stated the hardship was the grade differential and pointed out that the variance was previously approved in 1984 but that the time limitation had lapsed. Mr. Wagnild was available at the meeting for questions. Egan moved, Gustafson seconded, the motion to approve the variance for Dale Wagnild at 1700 Deerwood Drive for a ten-foot from the required forty foot front yard setback for the purpose of constructing a new garage off of the front of an existing home. All voted in favor. PRELIMINARY PLAT/STRYKER ADDITION McCrea moved, Wachter seconded, the motion to continue a preliminary plat entitled Stryker Addition consisting of two lots on 3.88 CSC zoned acres at the request of DCR Company, to the August 1, 1989, City Council meeting. All voted in favor. COMPREHENSIVE GUIDE PLAN/PD AMENDMENT AND PRELIMINARY PLAT/DUCKWOOD CROSSINGS City Administrator Tom Hedges introduced the matter to the Council. City Planner Jim Sturm presented the staff report. He stated it was a good landscape plan and explained the variance request. He referenced the Advisory Planning Commission condition changes to number 5, 6 and 16. He pointed out that the canopy and the roof of the Holiday Store should be the same color. Councilmember Gustafson pointed out that page 118D of the Council packet was missing. Ray Williams (Duckwood) introduced the developer team and informed the Council that they were available for questions. Mayor Ellison requested a description of the exterior of the building. The developer explained the brick and roof materials. Councilmember Gustafson asked if the canopy was included in the lot coverage. Mr. Sturm responded yes. Page 12/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Councilmember Wachter requested staff to review the tree ordinance. Mayor Ellison stated that the restaurant was the most exciting part of the plan. The developer informed the Council that it was pursuing two restaurants and would agree to a restaurant use in that area. Councilmember Egan stated it was a total PD Agreement and that the plan was consistent. He asked if there would be rust-proofing on the ceiling. The developer explained there was a 20-year warranty. Councilmember Gustafson stated that the hardship on the restaurant lot was the landscaping and the lot layout. Councilmember Egan referred to proposed condition number 7 regarding the rooftop mechanical equipment. He suggested removing all'mechanical equipment from the roof. Mr. Sturm stated it was not feasible on this particular project. McCrea moved, Gustafson seconded, the motion to approve a Comprehensive Guide Plan amendment changing the land use designation from Limited Business to General Business as requested by Duckwood Crossings, Inc. All voted in favor. McCrea moved, Gustafson seconded, the motion to approve a Planned Development amendment to specify uses for Lots 2, 3 and 4 of the Pondview Planned Development Agreement, as requested by Duckwood Crossings, Inc. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. Egan moved, Gustafson seconded, the motion to approve a preliminary plat consisting of 3 lots for 5.1 Planned Development zoned acres, as requested by Duckwood Crossings, Inc., subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: Al, Bi, B2, B3, B4, C1, C2, C3, C4, C5, D1 and El. 2. The Planned Development Agreement shall be amended to include these three lots and approved uses. 3. A Class I restaurant shall be permitted on Lot 1, Block 2. This lot shall be reviewed by the City Council before any development occurs. 4. All well and septic systems shall be abandoned to City specifications. Page 13/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 5. All parking stalls shall be 10' wide. Employee parking shall be required on the Crestridge Drive area of the retail lot. The developer shall obtain proof of the necessary amount of parking stalls required. 6. All buildings shall be constructed of a similar color brick, and shall have similar roof lines and shapes. 7. Rooftop mechanical equipment shall not be visible from Pilot Knob Road. 8. All trash shall be contained within the building. 9. All landscape areas shall be irrigated. 10. No outdoor displays or loudspeaker advertising shall be allowed. 11. The pylon sign on Lot 1, Block 1, shall meet all signage code requirements. All signage on the retail center shall be uniform in design and shall be subject to the City's one-time sign fee of $2.50 per sq. ft. 12. Lot 1, Block 2, shall be subject to the City's Shoreline Ordinance. 13. The development is required to reduce phosphorus loading to Fish Lake to predevelopment levels. 14. The development is required to line up all driveway entrances with either existing or proposed driveways with the adjacent properties. 15. Cross ingress/egress and parking easements shall be submitted with the final plat. 16. All accesses to Pilot Knob shall be removed. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. McCrea moved, Gustafson seconded, the motion to approve a conditional use permit for a pylon sign and motor fuel sales as requested by Duckwood Crossings, Inc. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. R-89.37 PRELIMINARY PLAT/CRAY 2ND ADDITION City Administrator Tom Hedges presented the matter to the Council and stated that the Advisory Planning Commission recommended approval of the preliminary plat application. Page 14/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Ron Zamansky (attorney for Cray Research) introduced the development team. He informed the Council that Cray appreciated the support of the City and that there were no issues to which it objected. City Planner Jim Sturm summarized the application and presented background information to the Council. City Administrator Tom Hedges stated that the financial obligations would be reduced because of the revised platting. He further stated that future street assessments had been reduced. Mr. Zamansky agreed to the assessments. Wachter moved, Gustafson seconded, the motion to approve the preliminary plat entitled Cray 2nd Addition consisting of one lot and four outlots on approximately 116.4 acres located along Lone Oak Drive and Lone Oak Road in the south half of Section 1, as requested by Cray Research, subject to the standard conditions of plat approval and assessment reductions. All voted in favor. DAKOTA COUNTY STATE BANK/REQUEST TO WAIVE ASSESSMENTS Gustafson moved, Egan seconded, the motion to continue the issue of waiving assessments on property located at the southeast quadrant of the intersection of Deerwood and Blackhawk Roads owned by the Dakota County State Bank to the July 18, 1989 City Council meeting. All voted in favor. KEVIN SHEA/MULTI-FAMILY HOUSING Kevin Shea informed the Council he represented concerned citizens in Eagan regarding multi-family housing. He asked the Mayor if the newspaper article on the trashy apartments was accurate. Mayor Ellison responded that the City has a goal of quality development and that it seeks to increase the quality of the exteriors, landscaping, etc. He commented he would not single out the property owners but that Thomas Lake Pointe was a good model for quality apartments. McCrea asked Mr. Shea if he was from Eagan. Mr. Shea responded no but that he represented Eagan residents. He stated he was a Burnsville resident living at 2809 Brookview Drive. Councilmember McCrea commented that the City of Eagan had problems with apartments and outdoor garages but that it had spent a great deal of time on quality controls. Mr. Shea pointed out that apartment dwellers construed the remarks as disparaging to the apartment dwellers. McCrea encouraged residents to contact her directly. Page 15/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Jt Mr. Shea questioned what the future for multi-dwellings was in Eagan. Councilmember McCrea responded that staff could provide a before and after comparison of the standards. She further stated that the City does what it can. Councilmember Wachter asked Mr. Shea who he represented. Mr. Shea stated he would provide a list of names to the City. Councilmember Egan remarked that the City was analyzing undeveloped areas zoned Multi-Family for down zoning at the present time. CONTRACT 88-01/FINAL PAYMENT/ACCEPTANCE FIRE STATION NO. 5 Wachter moved, Gustafson seconded, the motion to approve the final payment for Contract 88-01 (Fire Station No. 5) to Eagan Construction, Inc., in the amount of $2,500.00 and authorize acceptance for perpetual maintenance, subject to appropriate warranty provisions. All voted in favor. VACATE SANITARY SEWER EASEMENT/KINGSWOOD 2ND ADDITION Gustafson moved, Wachter seconded, the motion to receive the petition to vacate a sanitary sewer easement in the Kingswood 2nd Addition, and schedule a public hearing to be held on August 1, 1989. All voted in favor. NSP AND THE WATERS DEVELOPMENT/STREETLIGHT ENERGY COST AGREEMENT Gustafson moved, McCrea seconded, the motion to approve a public streetlighting agreement for The Waters Development and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. CONTRACT 87-P/LEXINGTON PARKWAY ADDITION/STREETS AND UTILITIES Gustafson moved, Wachter seconded, the motion to accept Contract 87-P (Lexington Parkway Addition - Streets and Utilities) for perpetual maintenance, subject to the applicable warranty provisions. All voted in favor. DAKOTA COUNTY TRAFFIC SIGNAL AGREEMENT NO. 89-08/ DIFFLEY ROAD AND BLACKHAWK ROAD Councilmember Gustafson asked if the 50% cost participation obligation included street reconstruction. Public Works Director Tom Colbert said he was unsure of the exact percentage. Councilmember Gustafson informed staff he would like to see the street reconstruction portion reviewed. Page 16/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 Egan moved, Wachter seconded, the motion to approve Dakota County Traffic Signal Agreement No. 89-08 for Project No. 580 (Blackhawk Road at Diffley Road - Traffic Signal) and authorize the Mayor and City Clerk to execute all related documents, contingent on the street reconstruction review. All voted in favor. EXCESS PUBLIC RIGHT-OF-WAY VACATION/DIFFLEY ROAD TURNBACK Gustafson moved, McCrea seconded, the motion to receive the request to vacate the excess public right-of-way for the Diffley Road turnback and schedule a public hearing to be held on August 1, 1989. All voted in favor. VISITORS TO BE HEARD Ray Williams, Rahncliff 3rd, informed that the Council the developer did not want to enter into another development agreement. Public Works Director Tom Colbert explained the process and pointed out the need for an administrative plat process for the simple plats. He stated there should not be any delay and that staff would examine the matter. Mr. Williams requested a footings and foundation permit. Councilmember McCrea questioned the architectural theme of the area. Mr. Williams stated that the architects felt the area will look good. Egan moved, Gustafson seconded, the motion to approve a footings and foundation permit for the Bakers Square Restaurant prior to the final plat of Rahn Addition. All voted in favor. Jack Holmes (All Saints Addition) requested a well variance for air conditioning purposes. Mayor Ellison asked if an application had been submitted to the City of Eagan. The applicant responded that City staff had directed them to the City Council. City Administrator Tom Hedges explained to the Council that the City did not have a well permit ordinance. He was concerned with the potential of contamination. He discouraged private wells. Councilmember Wachter stated he was not in favor of a variance. Scott Ame (engineer) explained the well use and regulations. He stated that City water was more expensive and that the developer was following the normal procedures. He pointed out that state guidelines allowed the use. Mr. Hedges suggested that staff contact the developer to discuss the matter in detail. Councilmember Wachter asked if there were two wells. Mr. Sturm explained the staff procedures. Mayor Ellison stated that the owner of Northwest had contacted him and stated that the businesses would be headquartered in the Twin Cities. He stated he felt this was good news for the City of Eagan. The owner of Northwest requested a meeting with the Council. Page 17/EAGAN CITY COUNCIL MEETING MINUTES July 5, 1989 CHECKLISTS Councilmember Wachter had concerns regarding the expense of the poster frame. Wachter moved, Egan seconded, the motion to approve the checklist dated June 30, 1989, in the amount of $1,067,075.20 and the checklist dated July 5, 1989, in the amount of $446,253.35. All voted in favor. ADJOURNMENT Egan moved, Gustafson seconded, the motion to adjourn the July 5, 1989, City Council meeting at 10:00 p.m., to the executive session meeting. All voted in favor. CITY OF EAGAN 1 ' I K~IL &A. I& E. anOverbeke City lerk