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11/09/1989 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 9, 1989 A regular meeting of the Eagan City Council was held on Thursday, November 9, 1989 at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert and Assistant City Attorney Joseph Earley. AGENDA City Administrator Tom Hedges informed the Council that the following items should be continued: Consent Agenda items - C. (Final Plat, Town Centre 100 Fifth Addition/Waterford Apartments), E. (Final Plat - Stratford Oaks), F. (Final Plat - Whispering Woods Fifth Addition), and G. (Amendment to Development Contract - Hills of Stonebridge II); and Old Business item - B. (Final Ratification - Park and Trail Dedication Policy). He also stated that an item under Old Business - F. (Contract 89-24 - Receive Bids/Award Contract - Stratford Oaks/Storm and Sanitary Sewer) should be cancelled. Wachter moved, McCrea seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES October 17, 1989. McCrea moved, Wachter seconded, the motion to approve the minutes for the October 17, 1989 regular Council meeting as presented. All voted in favor. October 10, 1989. Gustafson moved, Wachter seconded, the motion to approve the minutes for the October 10, 1989 special Council meeting as presented. All voted in favor. POLICE DEPARTMENT/SOUTH METRO TASK FORCE JOINT POWERS AGREEMENT City Administrator Tom Hedges summarized the Joint Powers Agreement. Police Chief Geagan informed.the Council that the Task Force was successful and that it had far exceeded expectations. He pointed out that it was a federal government grant. Page 2/EAGAN CITY COUNCIL MINUTES November 9, 1989 Councilmember Gustafson asked what share of the dollars went to the Task Force. Police Chief Geagan stated one-third of the dollars went to the Task Force. Councilmember Egan asked if the drug problems were as serious as Police Chief Geagan thought. Police Chief Geagan stated that the drug problem was alarming and continuing. He reported that the DARE project was up and running and that it was well received by the schools. Councilmember McCrea commented that her daughter was impressed with the police officer working with the DARE program. Councilmember Wachter questioned if the City had adequate office space for the Task Force and whether the City furnished the secretary. Police Chief Geagan stated that office space was tight but that there were advantages to having them in the building. He explained that the secretary was employed by the City of Eagan with all benefits but that the Task Force reimbursed the City for the expense. Councilmember Wachter questioned if the City of Eagan could withdraw from the Task Force. Police Chief Geagan stated it was possible and that the Cities of Savage and Prior Lake had done so. Egan moved, Gustafson seconded, the motion to approve authorization and execution of the 1990 Joint Powers Agreement for the South Metro Task Force. All voted in favor. PUBLIC WORKS DEPARTMENT/ GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION APPOINTMENTS City Administrator Tom Hedges updated the Council on the recent resignations from members of the organization and the need for replacement of the members. Councilmember Egan requested that the organization not remain top heavy and that a citizen replace City staff as soon as possible. Wachter moved, McCrea seconded, the motion to accept the resignation of Tom Walkington from the Gun Club Lake Water Management Organization and appoint LuAnn Alderks and John Vandelinde as full Board members with Mike Foertsch, the designated alternate. All voted in favor. PUBLIC WORKS DEPARTMENT/COVINGTON LANE - PETITION TO RESTRICT ON-STREET PARKING City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert summarized the petition and recommended the restriction from 9:00 a.m. to 9:00 p.m. from May 1 to September 15. Mayor Ellison stated the parking lot was small and questioned where citizens would park. Public Works Director Tom Colbert Page 3/EAGAN CITY COUNCIL MINUTES November 9, 1989 explained that the citizens would have to park further down the street. Mayor Ellison felt that parking further down the street would be inconvenient. Mr. Colbert pointed out that it was a concern. Councilmember McCrea had questions regarding the comment on the petition statement of "Why is this petition-two years late in coming?" Public Works Director Tom Colbert informed the Council that the residents had been working with the Park Department and the Athletic Association. Mr. Hedges reported that he had spoken with Mr. Evans on several occasions and that past requests had really been only during the last two summers, not all year long. Councilmember Wachter felt the problem was the intersection and that the restriction should be for the intersection only. He stated that parking problems go with a park. Mayor Ellison commented he felt there was a need for on-street parking or the users of the park would have problems. Councilmember McCrea asked if citizens generally parked in the parking lot first and then the street. Mr. Hedges reported that generally the on-street parking filled first and then the parking lot. He suggested the need for signs to direct citizens to the parking lot. Public Works Director Tom Colbert pointed out a correction to the packet. He stated that the partial restriction for on-street parking was for the north side of Covington Lane. Councilmember Wachter suggested possibly having citizens put signs on windshields informing the residents of the parking lot. Wachter moved, Egan seconded, the motion to receive the petition and deny the restrictions for on-street parking of Covington Lane (Johnny Cake Ridge Road to Forssa Way) and to direct staff to establish the best way to notify the residents of the parking lot. All voted in favor. FIRE DEPARTMENT/CHIEF SOUTHORN Mayor Ellison congratulated Fire Chief Southorn for being re-instated as Fire Chief in the recent election. CONSENT AGENDA A. Personnel Items. 1. Use of Sick Leave for Wellness Activities Policy. Councilmember McCrea informed the Council that the Personnel Committee had met with City staff and after the meeting the Committee felt all of the Personnel policies were good. She Page 4/EAGAN CITY COUNCIL MINUTES November 9, 1989 requested staff keep an accounting of the monetary cost to handle the policies. It was recommended to approve the "Use of Sick Leave for Wellness Activities Policy" as presented retroactively effective for covered programs participated in since January 1, 1989. 2. Sick Leave Accrual Policy. It was recommended to approve the "Sick Leave Accrual Policy" as presented, to be actively enforced beginning January 1, 1991. 3. Aids and Aids-Related Conditions in the Work Place Policy. Councilmember Gustafson suggested a change to Item 6 in the Aids Policy. He requested rephrasing the paragraph to read that all medical information obtained from employees would be held confidential. It was recommended to approve the "Aids and Aids-Related Conditions in the Work Place Policy" for the City of Eagan, effective immediately. 4. Drugs/Alcohol Free Work Place Policy. It was recommended to approve the "Drugs/Alcohol Free Work Place Policy" for the City of Eagan, effective immediately. B. Declare Surplus Property, two 16-channel Micom Multiplexors. Councilmember Wachter questioned if the additional channels would ever be needed by the City . City Administrator Tom Hedges explained that City staff had reviewed the matter and felt that there would be no need for the additional channels in the future. It was recommended to authorize as surplus property two 16-channel Micom Multiplexors to be sold to the City of Lakeville in return for two 8-channel Micom Multiplexors plus $2,000 in payment to the City of Eagan. C. Final Plat, Town Centre 100 Fifth Addition. It was recommended to continue the final plat for Town Centre 100 Fifth Addition/Waterford Apartment project to the December 5, 1989 City Council meeting. D. Final Plat/Eagan Evangelical Church. It was recommended to approve the final plat for Eagan Evangelical Church. R-89.70 Page 5/EAGAN CITY COUNCIL MINUTES ,_d November 9, 1989 E. Final Plat/Stratford Oaks. It was recommended to continue the final plat for Stratford Oaks to the November 21, 1989 City Council meeting. F. Final Plat/Whispering Woods Fifth Addition. It was recommended to continue the final plat for Whispering Woods Fifth Addition to the November 21, 1989 City Council meeting. G. Amendment to Development Contract for Hills of Stonebridge II. It was recommended to continue the development contract for Hills of Stonebridge II to include a revised Exhibit B to the November 21, 1989 City Council meeting. H. Resolution, Authorizing City to Enter Agreement with State of Minnesota for CELEBRATE MINNESOTA 1990 Program Grant. It was recommended to approve a resolution authorizing execution of a grant agreement between the City of Eagan and the State of Minnesota for the project entitled "75th Birthday of Old Town Hall", a restoration project to be completed prior to June 30, 1990. R-89.71 I. Authorization, Cooperative Agreement to Participate in the CDBG Program. It was recommended to authorize execution of the Cooperative Agreement to Participate in the CDBG Program as presented. J. Project 583, Receive Feasibility Report/Order Public Hearing (Park Center Addition - Streets and Utilities). It was recommended to receive the feasibility report for Project 583 (Park Center Addition - Streets and Utilities) and schedule a public hearing to be held on December 5, 1989. K. Project 578, Receive Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park - Storm Sewer). It was recommended to receive the feasibility report for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and schedule a public hearing to be held on December 5, 1989. Page 6/EAGAN CITY COUNCIL MINUTES November 9, 1989 L. Project 574, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Streetlights). It was recommended to receive the feasibility report for Project 574 (Eagandale Center Industrial Park - Streetlights) and schedule a public hearing to be held on December 5, 1989. M. Approve Resolution Requesting MnDOT Speed Limit Determination (Lone Oak Drive). It was recommended to approve a resolution requesting MnDOT to perform a speed study on Lone Oak Drive from Lone Oak Parkway to Lone Oak Road (County Road 26). R-89.72 N. Project 86-EE, Final Acceptance (Park Knoll - Streets and Utilities). It was recommended to accept the improvements installed under Project 86-EE (Park Knoll - Streets and Utilities) for City maintenance. 0. Project 88-D, Final Acceptance (Buffer Hills Addition - Streets and Utilities). It was recommended to accept the improvements installed under Project 88-D (Buffer Hills Addition - Streets and Utilities) for City maintenance. P. Project 88-A, Final Acceptance (Pond View Addition - Streets and Utilities). It was recommended to accept the improvements installed under Project 88-A (Pond View Addition - Streets and Utilities) for City maintenance. Q. Project 89-P, Final Acceptance (Rasmussen College - Utilities). It was recommended to accept the improvements installed under Project 89-P (Rasmussen College - Utilities) for City maintenance. R. Project 88-M, Final Acceptance (Potts Addition - Sanitary Sewer). It was recommended to accept the improvements installed under Project 88-M (Potts Addition - Sanitary Sewer) for City maintenance. Page 7/EAGAN CITY COUNCIL MINUTES November 9, 1989 S. Contract 89-14, Approve Change Order No. 1 (Coachman Water Treatment Plant - Dehumidification). Councilmember Wachter had questions regarding the water hammer and whether there was an air chamber. Consulting Engineer, Bob Rosene, responded to Mr. Wachter's questions. It was recommended to approve Change Order No. 1 to Contract 89-14 (Coachman Water Treatment Plant - Dehumidification) and authorize the Mayor and City Clerk to execute all related documents. T. Contract 88-24, Approve Change Order No. 3 (Lexington Avenue Reservoir). Councilmember Wachter asked if the need for the revision was discovered after the project began. Public Works Director Tom Colbert stated it was found necessary in order to integrate the stations. It was recommended to approve Change Order No. 3 to Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. U. Vacate Portion of Lexington Way Right-of-Way, Receive Request/Order Public Hearing. It was recommended to receive a request to vacate a portion of Lexington Way right-of-way and schedule a public hearing to be held on December 5, 1989. V. Vacate Portion of Trunk Highway 13, Receive Request/Order Public Hearing. It was recommended to receive a request to vacate a portion of old Trunk Highway 13 and schedule a public hearing to be held on December 5, 1989. W. Authorize Termination of Declaration of Roadway Easement (Eagandale Center Industrial Park 7th Addition). It was recommended to authorize the termination of a declaration of roadway easement for the Eagandale Center Industrial Park 7th Addition and authorize the Mayor and City Clerk to execute all related documents. X. Vacate Portion of Cedarvale Boulevard, Receive Petition/Order Public Hearing (Cedarvale Shopping Center). Councilmember Egan asked if the only hold up in the past had been the execution of the Agreement. Public Works Director Tom Page 8/EAGAN CITY COUNCIL MINUTES November 9, 1989 Colbert responded that the continuance of the matter in the past was to allow execution of the Agreement. It was recommended to receive the petition to vacate a portion of Cedarvale Boulevard (Cedarvale Shopping Center) and schedule a public hearing to be held on December 5, 1989. Y. Receive Quotes/Award Project, Pavement Management System. It was recommended to receive the quotes and authorize the purchase of the Pavement Management System from the apparent low bidder, Braun Pavement Technology in the amount of $14,978.00. Z. Public Works Department Property Acquisition for Water Utility Purposes (Northeast corner of Pilot Knob and Cliff Roads). It was recommended to authorize the acquisition of Parcel 010-57 in the southwest quarter of Section 27 from Dakota County for approximately $7,000 and authorize the Mayor and City Clerk to execute all related documents. Wachter moved, Gustafson seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. CABLE INSTALLATION FOR FIRE STATIONS NO. 4 AND NO. 5 City Administrator Tom Hedges introduced the matter to the Council. Councilmember Wachter had questions regarding the cost of the installation. He stated he thought the installation was to be free. Fire Chief Southorn remarked it was also his recollection that the installation was to be free. He explained that Stations 4 and 5 were constructed after the agreement and that installation for those stations was not included. Councilmember Wachter felt the matter should be renegotiated as the cost was excessive. Mayor Ellison asked if there was further action the City could take on the matter. Fire Chief Southorn felt there was nothing further the City could do. City Administrator Tom Hedges stated he felt it was a matter of principle and that North Central should be contacted reiterating that the City understood the installation was to be free. Councilmember Wachter recommended City staff negotiate with North Central. Mr. Hedges informed the Council he would check into the matter and return the matter to the Council on the consent agenda. Wachter moved, Gustafson seconded, the motion to direct staff to contact Cable TV North Central to renegotiate the cost for the cable service installation at Fire Station No. 4 and Fire Station No. 5 and return the matter to the December 5, 1989, City Council meeting. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES November 9, 1989 VACATION OF PUBLIC RIGHT-OF-WAY/LEXINGTON WAY AT LEXINGTON AVENUE City Administrator Tom Hedges introduced the matter to the Council. Public Works Director Tom Colbert explained the necessity for the requested vacation. There was no public present at the meeting regarding this item. McCrea moved, Egan seconded, the motion to close the public hearing and approve the vacation of a portion of public right-of-way through Lexington Way as described and authorize the Mayor and City Clerk to execute all related documents. PROJECT 586/SOUTH OAKS ADDITION/STREETLIGHTS City Administrator Tom Hedges summarized the background regarding the matter. Public Works Director Tom Colbert gave a presentation and explanation of the project and feasibility report. Councilmember McCrea questioned if the cost was high. Public Works Director Tom Colbert reported that there was no average cost. He pointed out that because of the configuration of the development and the small number of lots, the cost may appear higher. The petitioner requested approval of the project. Dave Wilmer had concerns regarding the trenching. Public Works Director Tom Colbert explained the necessary minimal trenching. Mr. Wilmer questioned the need for additional lights at the entrance to the development. Mr. Colbert explained it was City policy with all new developments to install lights at the entrance to developments to make the roadway more visible. He stated because this was not a new development, if the residents desired removal of the lights, the plans and specifications would be revised. He discouraged the elimination of the lights at the entrance because the lights would make it easier for cars traveling at night to see the intersections. Mr. Wilmer asked if the City paid the maintenance cost for the lights. Mr. Colbert stated that a $2.65 charge would be added to the residents' quarterly sewer and water bills. Mayor Ellison pointed out that Dakota Electric maintains the streetlights. McCrea moved, Wachter seconded, the motion to close the public hearing and approve Project 586 (South Oaks Addition - Streetlights) and authorize installation by Dakota Electric Association. All voted in favor. STAFFORD PLACE ADDITION City Administrator Tom Hedges presented the background information and history of the problems. He explained the various neighborhood meetings and the results of the meetings. He noted Page 10/EAGAN CITY COUNCIL MINUTES November 9, 1989 that field inspections had been conducted by City staff and commented that the City had attempted to facilitate a resolution of the problems. Public Works Director Tom Colbert reported that the neighborhood meetings were well attended by the residents, developer, builder and City staff. He explained the main concerns were erosion due to improper grading. He pointed out that the drainage and grading plan had been revised which staff felt was better than the original plan. Frontier Development has assured staff that all problems with the grading, erosion and mechanic liens would be taken care of and paid for. He explained the neighbors were very definite about not allowing any work to proceed until the following issues were agreed upon: (1) all property lot corners be reestablished at no cost to the homeowner; (2) Frontier Development provide a cash escrow; and (3) any destroyed or removed trees be replaced. Mr. Colbert further explained the revisions and corrections to the drainage and grading plan. He reiterated the residents' main concerns were the work be done, done properly, at no cost to residents, and the work be completed as soon as possible. He informed the Council that Frontier Development was working with Delta Development and was eager to begin work as soon as possible but that a few technical problems with the contracts were holding the work up. Mayor Ellison asked Frontier Development if it was willing to correct the residents' concerns. Mr. Colbert stated that Frontier Development had assured him the problems would be corrected. For the audience's information, City Administrator Tom Hedges read the three issues as stated in the packet to the audience. Scott Oaks (Frontier Development) reaffirmed Mr. Colbert's summary of the negotiations. He had concerns regarding the timing and the weather and stated Frontier was ready to start as soon as possible. He pointed out Frontier would supply the necessary financial assurances and updated the Council on Frontier's history. He felt the agreement with Delta Development would be settled soon as Frontier was actively working with Delta Development. Community Development Director Dale Runkle reported the findings of the plumbing, building and electrical inspections. He felt only one main problem remained which was a sunken footing/foundation. He pointed out the matter was being corrected. Gordon Multz, 4013 Pennsylvania Avenue, stated he had lived in his house since June of 1988. He had concerns regarding Frontier Development because its past performance was poor and also because of the mechanic liens. He stated he was generally satisfied with the suggested corrections. Page 11/EAGAN CITY COUNCIL MINUTES November 9, 1989 Blaine Duxbury, 4128 New York Avenue, requested further study of the storm sewer drainage problem regarding his lot. Councilmember Egan requested a status report of the mechanic liens. Mr. Runkle stated there were no new liens. Mr. Oaks commented that the new corporation had concerns regarding its reputation and pointed out that its attorneys were working to remove any invalid liens. He stated there were questions on the landscaping liens and that his attorneys were determining the validity of such liens. He stated there were legitimate liens which the attorneys were also evaluating as to the amounts and the number. He remarked it had only been 45 days since the corporation's reorganization but that the attorneys and Frontier were concerned for the homeowners. He remarked that the homeowners do have title insurance. He will keep the City staff updated. June Rahman, 4120 New York Avenue, was unhappy with the restructuring of her lot, in particular, the terracing. She requested the escrowing of dollars and also a workable timeframe. John Glenn commended Craig Knutson and other City staff for their efforts. He stated he thought Frontier and Delta had reached an agreement earlier and requested prompt action from the Council. He stated a further commitment was necessary from the developer. Mark Parranto (Delta Development) informed the Council that Delta was the fee owner of the land which had been sold to Frontier Development on a Contract for Deed. He explained the need to wait thirty days in order to cancel the Contract with the former Frontier company. He promised that if Delta received the land back, it would correct the problems. Councilmember Egan had questions regarding the agreement with Frontier and Delta. Mr. Parranto responded that Delta Development would sell to the new Frontier company if it would sign the contracts. There was further discussion regarding the contract between Frontier and Delta. Councilmember McCrea asked Mr. Parranto if Delta had a Letter of Credit with the City at the present time. Mr. Parranto stated Delta did have a Letter of Credit and if Delta regains ownership of the property, it would provide the same. Assistant City Attorney Joe Earley advised the Council on the City's position regarding the Letter of Credit. Councilmember Egan recommended continuing the matter to the November 14, 1989 special City Council meeting to see if the agreement between Delta and Frontier had been executed. Councilmember Wachter informed Mr. Parranto he felt it was Delta's responsibility to the homeowners to do the work correctly. Mr. Page 12/EAGAN CITY COUNCIL MINUTES November 9, 1989 Parranto replied that Delta had done the original grading correctly but that the builder had changed the grade during the building of the homes. He stated that Delta had complied to all the required conditions of the development contract. Councilmember Wachter asked how long it would take to complete the corrections. Mr. Oaks stated it would take approximately two working weeks to complete the grading portion. Mayor Ellison recommended continuing the matter to the November 14, 1989 special Council meeting to allow staff and the developer time to work out a time frame for the corrections. Mr. Colbert pointed out that staff could work out a proposal for a time schedule to complete the work but he could not state when the work would start. Councilmember McCrea felt that the default should continue and that staff should also continue working on Blaine Duxbury's concerns. Councilmember Gustafson asked Frontier Development if it would put up the dollars as requested. Mr. Oaks responded that Frontier would provide the Letter of Credit when the agreement with Delta was executed. Dave Adkins, 4140 New York Avenue, questioned why current action could not be taken and work out the agreement later since both companies stated they would fix the problem. Mr. Oaks commented that any contractor doing the work would probably be hesitant to Mr. Adkins' suggestion. Mayor Ellison pointed out that there was no need for citizens to attend the special Council meeting as it would not be a public hearing. Egan moved, Wachter seconded, the motion to schedule a special City Council meeting for November 14, 1989 at 5:00 p.m. All voted in favor. Egan moved, McCrea seconded, the motion that the project should remain in default until the November 14, 1989 special Council meeting to allow staff to implement a time schedule for resolving the issues and financial guarantees. All voted in favor. PARK AND TRAIL DEDICATION POLICY City Administrator Tom Hedges explained that there was a requested change from a proposed ordinance to a surcharge concept. He recommended continuance of the matter to allow the Advisory Parks and Recreation Committee's review of the matter. Page 13/EAGAN CITY COUNCIL MINUTES November 9, 1989 Wachter moved, Egan seconded, the motion to continue the Park and Trail Dedication Policy to allow the Advisory Parks and Recreation Commission to conduct a public hearing on the issue. All voted in favor. KENNEL LICENSES/HENNEKE KENNEL LICENSE APPLICATION City Administrator Tom Hedges explained that after review by staff and the City Attorneys of City Code, it was recommended that the license not be issued at this time. He pointed out it was a rezoning matter. Community Development Director Dale Runkle explained the legal opinion regarding the interpretation of kennels. Mr. Hedges stated there were inconsistencies in the City Code regarding kennels in Commercial and Agricultural areas. He stated a two-part action was necessary, one to address the Henneke application and another to direct staff to review City Code and report back to the Council. Mary Wallace (Realtor) informed the Council she was present at the meeting for questions. Councilmember Egan had concerns regarding the many inconsistencies in the City Code. Councilmember Gustafson asked Mary Wallace for a status report on the sale of the house. Ms. Wallace stated the sale was contingent upon City action. Mr. Gustafson stated he felt it was unfair to the Hennekes as it was a City Code problem. Councilmember Egan stated he also felt badly regarding the situation but that the City could not discriminate. Mayor Ellison explained the need to deny the Hennekes' application. Ms. Wallace asked for a timeframe. Mr. Hedges responded it would take approximate 30 to 60 days. Councilmember Wachter felt the matter was cut and dry. Mr. Runkle reported that staff felt the limit of three dogs or cats would not change with any Code revision. Councilmember McCrea explained the possible and probable City action to Ms. Wallace. Ms. Wallace requested the City review the policies of other cities. Councilmember Gustafson suggested using the word "animals" instead of "dogs or cats" in the rewording of an ordinance. There was further discussion regarding the terminology. Egan moved, McCrea seconded, the motion to deny the kennel license application as submitted by Wayne and Karen Henneke for a kennel in a residential district. All voted in favor. Page 14/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan moved, McCrea seconded, the motion to direct staff to prepare an official amendment for Council consideration regarding kennel licenses. All voted in favor. RECONSIDERATION FOR TRAILER PERMIT/JAMES HORNE City Administrator Tom Hedges updated the Council on the background of the matter and the current request for reconsideration. He stated there may be the necessity for two motions; one to reconsider the previous Council action and another to consider the new application. Assistant City Attorney Joe Earley stated that it was a new application and it would not be necessary to reconsider any past Council action. James Horne explained the necessity of the trailer. He pointed out he had looked for commercial building space but it was either too costly or too small. He explained that the trailer had been moved last spring and located behind some oak trees with a berm being built. He also stated the trailer had been repainted and that it did not stand out. Mayor Ellison commented on the history of the request. He felt the trailer was not beneficial to the area and suggested Mr. Horne find a warehouse for the storage. Councilmember McCrea asked Mr. Horne for a timeframe. Mr. Horne responded that he wanted to build a building as soon as possible. Councilmember Egan remarked that the permit was non-renewable and that the Council has kept renewing it in the past. He requested Mr. Horne give the Council a name of a building in which he wished to move into and the date of the move and that he would make a motion tying the date and the building into a non-renewable permit. He pointed out that the location of the building could be changed at a later date with notification to City staff. Mr. Horne explained he was still searching for adequate space. Councilmember McCrea explained the need to keep small businesses in Eagan and felt that the Community Center may have delayed Mr. Horne's progress. She suggested giving Mr. Horne six months to find a new location as the City had put a hardship on him with the Community Center. Mark Miller reiterated that the permit was non-renewable and felt that a six month extension was too lenient. He explained the trailer was visible. He had no desire to shut Mr. Horne's business down. Councilmember McCrea felt the City owed long-time small businesses its understanding. There was further discussion regarding the renewal. Page 15/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan moved, Wachter seconded, the motion to approve a six month extension to May 15, 1990 of the trailer permit to allow James Horne time to indicate to the Council the location and date of relocation. All voted in favor. TRI-LAND PARTNERSHIP/TAX INCREMENT FINANCING City Administrator Tom Hedges summarized the project and the tax increment financing request. He suggested the Council direct staff to review the tax increment financing application and to refer the matter to the Economic Development Commission and the Finance Committee for further review to present their findings. Wachter moved, Gustafson seconded, the motion to acknowledge acceptance of the application of tax increment financing for the Eagan Center 5th Addition project and direct the City staff, Economic Development Commission and Finance Committee to review the application and present a findings for further review and consideration by the City Council and to set a public hearing date for the January 16, 1990 City Council meeting. All voted in favor. STRATFORD OAKS/CONTRACT 89-24/RECEIVE BIDS/AWARD CONTRACT City Administrator Tom Hedges recommended that the project be cancelled and rebid in the spring of 1990. Wachter moved, Gustafson seconded, the motion to receive the bids and cancel Contract 89-24 (Stratford Oaks) to be rebid in the spring of 1990. All voted in favor. AUDIT FIRM SELECTION City Administrator Tom Hedges reviewed the proposals for the Council. He pointed out that all firms that responded stated that the Finance Department for the City of Eagan had an excellent reputation. Gustafson moved, Wachter seconded, the motion to designate the firm of Deloitte, Haskins, & Sells as the City's audit firm for the purpose of conducting an audit of all financial transactions for the years 1989, 1990 and 1991. All voted in favor. AIRPORT RELATIONS COMMITTEE RECOMMENDATION/ BRASLAU-COLLETTE CORRIDOR STUDY City Administrator Tom Hedges explained the corridor study and requested Council direction. Assistant to the City Administrator Jon Hohenstein presented the proposal. Councilmember Egan asked if the City of Mendota Heights was receiving bad advice. Mr. Hohenstein responded to his question. Mr. Page 16/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan asked if the study had been submitted to the FAA. Mr. Hohenstein explained that the only action so far had been Mendota Heights' approval and that the matter would go to the MASAC sometime in January, 1990. Councilmember McCrea was concerned whether the resolution would have the weight to show that the study had no credibility. She questioned if additional reports were needed. Mr. Hohenstein explained that the committee had discussed the possibility of a consultant but felt it was premature. There was Council discussion regarding the Mendota Heights/Eagan agreement. Cindy Ellis (ENAC - Eagan Noise Abatement Committee) explained that ENAC was a noise abatement citizens' group. She explained the purpose of the organization. She was supportive of staff's conclusion that there was no need for a study at the present time. She reported that ENAC wanted to set realistic goals and to work with the City. Councilmember Wachter remarked that the types of planes in ten or fifteen years could be changed and that Eagan needed to think to the future. Councilmember Gustafson explained that the committee had reviewed future needs and that it was difficult to predict the future. Don Grant stated that Eagan could not afford to wait. He asked Councilmember Wachter if the agreement with Mendota Heights was in writing. He reviewed the effects of the corridor and requested immediate Council action. Councilmember Wachter was unsure where the document was and suggested it may be with the Airport Committee. Mr. Grant suggested that all participants at the meeting with Mendota Heights should execute documents explaining the action at the meeting. Councilmember Wachter recommended directing staff to prepare such documentation. McCrea moved, Gustafson seconded, the motion to adopt the staff report in response to the Braslau-Collette Corridor Study and to approve the resolution concerning the Braslau-Collette Corridor Study as recommended by the Airport Relations Committee. All voted in favor. McCrea moved, Gustafson seconded, the motion to direct the Airport Relations Committee to review and recommend enhancements to the City's position concerning corridor procedures and to direct staff to prepare four affidavits for Mr. Harrison, Mr. Grant, Mr. Sperling and Councilmember Wachter regarding the meeting between the Cities of Mendota Heights and the City of Eagan. All voted in favor. R-89.73 Page 17/EAGAN CITY COUNCIL MINUTES November 9, 1989 HIGHVIEW PARK/EXTENSION OF PRELIMINARY PLAT City Administrator Tom Hedges explained the need for the extension. Community Development Director Dale Runkle explained the extension should be for 90 days as City staff had several plats before them at the present time. Egan moved, Gustafson seconded, the motion to approve an extension for 90 days to February 15, 1990 for the preliminary plat entitled Highview Park Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bi, B2, Cl, C2, C4, Dl, El, Fl and Gi. 2. The building setback shall be on an imaginary line between the existing homes on Lots 6 and 7. 3. No setback variances shall be allowed for newly created homesites (Lots 1 and 2). 4. Lots 1 and 2 shall connect to City utilities. 5. The development shall provide a storm sewer outlet to the existing low areas in the areas of Lots 1 and 2 or provide a grading plan demonstrating adequate drainage for the area. 6. The developer shall provide a 20-foot trail easement between proposed Lots 1 and 2. All voted in favor. SPECIAL HUNTING PERMIT/RICHARD MAURER City Administrator Tom Hedges informed the Council no action was required on this matter. Assistant City Attorney Joe Earley explained that bow and arrow hunting was not included in the Dangerous Weapons Ordinance. No action was necessary EAGAN CENTER ASSOCIATES/DAYCARE FACILITY/CONDITIONAL USE PERMIT City Administrator Tom Hedges introduced the application. Community Development Director Dale Runkle explained the Page 18/EAGAN CITY COUNCIL MINUTES November 9, 1989 application and the daycare facility to the Council. He stated that the Advisory Planning Commission had concerns regarding the parking lot adjacent to the play area. The applicant (Eagan Center Associates) clarified the play area question. He stated that the square footage had been increased and explained possible revisions to insure the safety of children. He reported that the play area was controlled as the fence was connected to the building. He explained that the Advisory Planning Commission had requested limited visibility fencing and that the applicant would comply with the request. Councilmember McCrea asked for the term of the lease. The applicant responded five years. Mayor Ellison asked if there was enough parking. The applicant responded there would be sufficient parking. Councilmember McCrea asked for the total number of vacant bays remaining in the Center. The applicant responded there would be only three remaining vacant bays if the daycare facility was approved. He pointed out that the daycare facility was fulltime. Councilmember McCrea had questions regarding the Sports Bar. The applicant explained that the Sports Bar would not be constructed and that it may be a Dairy Queen. Councilmember McCrea had questions regarding liquor being sold near a child care center. Mr. Hedges stated he would review the matter. Councilmember Egan felt the daycare facility was a reasonably good use for the area as there was a need for a daycare. Egan moved, Wachter seconded, the motion to approve a conditional use permit to allow a daycare facility in a CSC zoning district for Eagan Center Associates at Lot 1, Block 1, Thomas Lake Center, subject to the following conditions: 1. The fencing surrounding the play area shall be limited visibility fencing. 2. The permit shall be subject to all applicable Code requirements. All voted in favor. WHISPERING WOODS FIFTH ADDITION/REZONING City Administrator Tom Hedges updated the Council regarding the rezoning and stated that the Advisory Planning Commission Page 19/EAGAN CITY COUNCIL MINUTES November 9, 1989 recommended approval. Community Development Director Dale Runkle pointed out that the application was only for rezoning. He- summarized the application and stated that all engineering requirements had been met. Wachter moved, Gustafson seconded, the motion to approve a rezoning of approximately 9.5 Agricultural acres to a Single Family district located west of Slater Road and south of Cliff Road in the southwest quarter of Section 31, as requested by Burnsville Lumber Company, Inc. for the Whispering Woods Fifth Addition. All voted in favor. CANVAS OF MUNICIPAL ELECTION RESULTS City Administrator Tom Hedges explained that Minnesota state law requires a municipality canvas the ballots of a previous election within three days to make the results official. McCrea moved, Gustafson seconded, the motion to review the results of the 1989 municipal election and declare the results of the election as official. All voted in favor. AIRPORT RELATIONS COMMITTEE/RESIGNATION/LYNN FIEMAN City Administrator Tom Hedges explained the necessity for Council action. Gustafson moved, McCrea seconded, the motion to accept the resignation of Lynn Fieman from the Airport Relations Committee. All voted in favor. FOX RIDGE STORM SEWER/PROJECT 542/CONTRACT 88-34/ CHANGE ORDER NO. 2 Public Works Director Tom Colbert reviewed the need for the Change Order. Wachter moved, Gustafson seconded, the motion to approve Change Order No. 2 to Contract 88-34 (Fox Ridge Storm Sewer - Project 542) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. PROJECT 543R/SIBLEY HILLS DRIVE/VIMR City Administrator Tom Hedges summarized the appraisal regarding the Vimr property and past Council action regarding deferral of the assessments. He explained that the agreement had been sent to Mr. Vimr with a five-year time frame. He stated the timeframe was not represented to Mr. Vimr at the last Council meeting and that Mr. Vimr felt there was no time frame. Both Mr. Hedges and Mr. Colbert pointed out that there were additional lots Page 20/EAGAN CITY COUNCIL MINUTES November 9, 1989 in the area with similar possible requests for deferment. He requested Council direction and asked if it wished to set a time limit. Don Vimr was present at the meeting. Councilmember Wachter asked Mr. Vimr to explain his request. Mr. Vimr stated he would be agreeable to five years at the current rate and after five years, if the land developed, it would then be assessed at the prevailing rate. There was Council discussion regarding the appraisal and the assessment amounts. City Administrator Tom Hedges explained that the controversy was that Mr. Vimr requested deferral of $12,000. Mr. Hedges pointed out a precedent could be set. Mayor Ellison commented that the Council had already deferred $12,000 for a few years. Mr. Hedges reported to the Council that after staff's review with legal counsel, staff was requesting Council direction regarding a policy for the future. Councilmember Egan stated that he had made the original motion and it was his intent that the deferment would be until there was development. Mr. Hedges reiterated his request for Council direction regarding need to set a time limit for all future deferments. Councilmember Wachter suggested deferring in Mr. Vimr's case for five years with review at the end of the five year time period. There was further Council discussion regarding City policy and time limits. Councilmember McCrea asked Mr. Colbert if he had problems with the deferment or with a five year timeframe. Mr. Colbert stated he would have no problem with the deferment or the time limit. Ellison moved, Wachter seconded, the motion to set a five year limit on the deferred $12,000 special assessment regarding Project 543R and Don Vimr, with the Council to review the matter at the end of the five year period. All voted in favor. LEXINGTON POINTE 4TH AND 5TH ADDITIONS/PARK ACQUISITION Director of Parks and Recreation Ken Vraa presented photographs and a diagram. He explained that if certain lots were developed, there would be loss of trees adjacent to the Trapp Farm Park. He explained that the Advisory Parks and Recreation Committee Page 21/EAGAN CITY COUNCIL MINUTES November 9, 1989 had reviewed the matter and recommended the City purchase certain lots in the Lexington Pointe 4th and 5th Additions. Mayor Ellison felt that $100,000 per acre for park property was too much. Councilmember McCrea had questions regarding the park site fund. Mr. Vraa explained the use of the park site fund and stated he felt this was an important issue for the future. Councilmember McCrea asked Brad Swenson (developer) if he would negotiate on the price of the lots. Mr. Swenson pointed out that the prices had been set. Councilmember Egan felt it was a lot of money and requested further information. City Administrator Tom Hedges suggested a field trip for the Council as he experienced a different perspective after walking the area. Mayor Ellison suggested continuing the matter for two weeks for further review. Councilmember McCrea remarked she felt it was unfair to hold up the developer as the lots were pre-sold. Mr. Swenson stated he would review the matter. Gustafson moved, Wachter seconded, the motion to continue to the November 21, 1989 City Council meeting the acquisition of certain lots in Lexington Pointe 4th and 5th Additions to allow Council visual inspection of the site. All voted in favor. COUNCIL DISCUSSION SNOW EMERGENCY PARKING BAN Public Works Director Tom Colbert summarized the City's snow emergency parking ban. ST. FRANCIS WOODS 4TH ADDITION Public Works Director Tom Colbert informed the Council that staff was experiencing problems with the developer for St. Francis Woods 4th Addition. He stated that construction was not completed and that there was a serious erosion problem. He pointed out that the developer was not complying to staff's request. He reported that it is a two year problem and requested Council direction. Councilmember McCrea suggested calling on the Letter of Credit. Councilmember Egan asked for the degree of the default. Mr. Colbert summarized the problems and stated there were many complaints. Councilmember McCrea felt that the Council should set a policy for staff to follow in future situations. Mayor Ellison directed staff to go forward in correcting the problems. Page 22/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan moved, Wachter seconded, the motion to direct staff to implement a notice of procedure to cure defaults and to place the St. Francis Woods 4th Addition in default. All voted in favor. STREET OPENING UPDATE Public Works Director Tom Colbert informed the Council that Diffley Road was opened and that Lexington Avenue and Johnny Cake Road would be open within the next week. EMERGENCY PREPAREDNESS BOOK City Administrator Tom Hedges informed the Council that a revised copy of the Emergency Preparedness Book would be distributed to the Council. MINNESOTA VALLEY HUMANE SOCIETY City Administrator Tom Hedges requested direction from the Council regarding a request from the Minnesota Valley Humane Society. Mr. Hedges was directed to send a letter to the Minnesota Valley Humane Society indicating that there currently are dollars in the contingency fund of the 1990 budget, however, that the document had not been adopted and further, any amount considered within the contingency requires further consideration by the City Council during the calendar year. VOLUNTEER ACCESS MEETING/CABLE City Administrator Tom Hedges informed the Council that the Volunteer Access Meeting regarding Cable would be held on November 14, 1989. He stated there was a need for a Council person to attend the meeting. Councilmember Gustafson will attend the meeting. CRAY RESEARCH City Administrator Tom Hedges and Public Works Director Tom Colbert updated the Council regarding the berm over the utility easement problem. They requested Council direction. It was explained that Cray Research wanted an agreement that if there was a problem, that Cray would assume the financial obligations. There was concern that an agreement would set a precedent regarding maintenance. Mr. Colbert pointed out that staff felt the berm should be lowered to protect the improvement but that Cray did not want the berm lowered. He stated that the berm was not in the approved grading plan. Councilmember Wachter expressed his opinion that the City could not allow the extra weight on the lines. He was opposed to the berm and suggested checking with the City's consulting engineer. Councilmember Egan felt that Cray Research should be held Page 23/EAGAN CITY COUNCIL MINUTES November 9, 1989 responsible for the cost of any damage. Mr. Colbert reiterated that staff felt the berm should be lowered. LOT STAKES Councilmember Wachter pointed out that lot stakes had been removed. Public Works Director Tom Colbert stated that if it were a City contractor removing the stakes, they would be replaced. CHECKLISTS Councilmember Wachter had questions regarding certain items on the checklists. City Administrator Tom Hedges stated he would review the matter. Wachter moved, Gustafson seconded, the motion to approve the checklist dated October 31, 1989 in the amount of $2,022,294.43, the checklist dated November 7, 1989 in the amount of $960,758.20 and the checklist dated November 9, 1989 in the amount of $198,149.14. ADJOURNMENT Egan moved, Wachter seconded, the motion to adjourn the November 9, 1989 City Council meeting at 10:48 p.m. All voted in favor. CITY OF EAGAN ,A SOL_ E. VanOver eke, City Clerk