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05/02/1989 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 2, 1989 A regular meeting of the Eagan City Council was held on Tuesday, May 2, 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, Community Development Director Dale Runkle, City Planner Jim Sturm and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges recommended continuing Item A. 'under old Business (Carriage Hills Golf Course) to the May 15, 1989, Council meeting. Wachter moved, McCrea seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES April 18. 1989. Councilmember Egan requested the following changes: Page 9 - regarding the Council vote on Project 4878 - Braun Court, the minutes should read: Egan moved, Gustafson seconded, the motion to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. Mayor Ellison questioned if the Council should recommend Assessment No. 1 or Assessment No. 2. City Attorney James Sheldon informed the Council that their determination should not be made under threat of legal action but on the basis of benefit only. Mr. Colbert explained the rationale and also the options. Mayor Ellison stated he preferred the original assessment roll without modification. Councilmember Egan commented that the City should assume their portion of the costs and felt that the net result of the original assessment roll would be detrimental. Ellison moved, McCrea seconded, the motion to amend the previous motion to approve the final assessment roll as Page 2/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 presented for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. McCrea and Ellison voted in favor; Wachter, Gustafson and Egan voted against. On the motion by Egan, seconded by Gustafson, to close the public hearing and reduce by $10,000.00 the final assessment roll for Project 487R (Braun Court - Streets and Utilities) and authorize its certification to the County for collection. Ellison, Wachter, Gustafson and Egan voted in favor; McCrea voted against. Page 10 - regarding special assessments for Metram Properties, the fourth paragraph should read as follows: Councilmember Egan reported that the report did not indicate if the landowners received notice of the original assessment, had an opportunity to be heard or other input. Public Works Director Tom Colbert replied that either the assessment was not at the correct rate or the size was under-estimated. He further explained the procedure. Page 12 - regarding the vote for surplus property, it should read: "All voted in favor." Page 14 - regarding the preliminary plat for Eagan Center 3rd Addition, in paragraph 4, "CPD" should be changed to "CSC". "He wondered if each addition was considered separately to meet the 20,000 square foot minimum for 1st phase development. " Page 17 - regarding the Soderholm Addition, paragraph 3 should be corrected to read: "Single Family" instead of "Multi Dwelling". Page 17 - regarding the Soderholm Addition, number 2 of the conditions should read: 2. The Laventhol & Horwath retail study shows an excess of retail land in this particular node (node 3). An example is the retail land across the street which is properly zoned but not developing. Page 17 - regarding the Soderholm Addition, number 3 of the conditions should read: 3. Limited business is said to be an obsolete zoning use by the developers. Has been a difficult classification to deal with. This development shows large tracts of undesignated limited business. Page 3/EAGAN CITY COUNCIL MEETING MINUTES J. May 2p 1989 Page 17 - regarding Soderhoim Addition, motion was only to deny Comprehensive Guide Plan amendment - strike other 3 (rezone, preliminary plat, conditional use permit). Page 17 - regarding the Soderholm Addition, number 4 of the conditions should read: 4. The Comprehensive Guide Plan shows D-I uses as a recent designation and should not change to Commercial. The Council has adopted a policy to rezone multi residential lots downward to single family whenever possible and not upward to a more intensive use. Page 18 - regarding Soderholm Addition, number 5 of the conditions should have added to it: The proposed accesses do not meet county standards. Mayor Ellison requested the following changes: Page 2 - regarding the oak tree on the Target property, the motion should read: Egan moved, McCrea seconded, the motion to rescind the previous motion and to refer the Target oak tree matter to MnDOT with no recommendation. All voted in favor. Page 2 - in regard to the Goins fire, in paragraph 2, it should be changed to read that the fire had occurred in "June, 1988" and the correction to Doug Reid's title of "Chief Building Official". Councilmember McCrea requested a change on page 10, the last paragraph should read: Councilmember Gustafson remarked that the City should not collect these assessments as a condition. Mayor Ellison commented he felt staff should be more judicious in what they bring to the Council. Councilmember Wachter requested the following changes: Page 9, paragraph 1, the fourth sentence should read: "Councilmember Wachter questioned if there would be any problems with dangers from cave-ins." Page 21 - regarding the History Committee/Old Town Hall, after the motion, it should be added: "All voted in favor." McCrea moved, Wachter seconded, the motion to approve the minutes for the April 18, 1989, regular Council meeting as amended. All voted in favor. Page 4/EAGAN CITY COUNCIL MEETING MINUTES J May 2. 1989 March 28, 1989. Mayor Ellison requested a change in paragraph 3 regarding the Community Center Update, the second to the last sentence should read: "Mayor Ellison again expressed his support for the concept of a Community Center but agreed that the project should be delayed for at least two years." Egan moved, Wachter seconded, the motion to approve the minutes for the March 28, 1989, special Council meeting as amended. All voted in favor. April 17. 1989. Mayor Ellison requested a correction regarding the date of the meeting, it should read: "Monday, April 17, 1989". Councilmember Wachter requested an addition to the minutes. In paragraph 1 regarding the Public Works Maintenance Facility, the last sentence should read: "City Councilmember Gustafson suggested that ,the City consider a lease or some other arrangement to secure the property and defer payment and contact Blue Cross." Wachter moved, Gustafson seconded, the motion to approve the minutes for the April 17, 1989, special Council meeting as amended. All voted in favor. FIRE DEPARTMENT/FIREFIGHTER MAYNARD RLANG City Administrator Tom Hedges introduced the matter to the Council. Fire Chief Southorn informed the Council that Maynard Kiang had answered the call to duty. He gave a synopsis of Mr. Kiang's twenty-five year career. He commented that Mr. Kiang was instrumental in the growth of the department and reviewed his extensive list of accomplishments. Fire Chief Southorn presented Mr. Kiang with a clock plaque in appreciation for his long career with the Fire Department. Fire Chief Southorn also thanked the Kiang family. Mayor Ellison presented the plaque of appreciation to Mr. Kiang on behalf of the Council and the Eagan citizens. EMERGENCY STAND-BY GENERATOR City Administrator Tom Hedges recommended continuing the matter for thirty (30) days because of the state of flux in the Legislature. Councilmember Egan questioned the budget allocation. Wachter moved, McCrea seconded, the motion to continue to the June 6, 1989, City Council meeting the acquisition of the emergency stand-by generator in the amount of $54,759.00 to Bill Richmond Electric. All voted in favor. ,a....c I' sn.i'd Page 5/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 CONSENT AGENDA A. Personnel Items. 1. Land Development/Design Engineer. It was recommended to approve the hiring of John Wingard as land development/design engineer for the City, subject to successful completion of the City's physical examination requirements. 2. Utility Maintenance Workers. It was recommended to approve the hiring of Kelly Blommel and Richard Francois as utility maintenance workers for the City, subject to successful completion of the City's physical examination requirements. 3. Park Intern. It was recommended to accept the resignation of Mel Bailey as an intern with the Park and Recreation Department. 4. Police Lieutenants. It was recommended to approve the appointment of John Stevenson, Richard Swanson and Gerald Meszaros as lieutenants in the Eagan Police Department. 5. Planner I. It was recommended to approve the hiring of a candidate yet to be named as Planner I for the City of Eagan, subject to successful completion of the City's physical examination requirements. 6. Senior Engineering Tech/Supervisor (Construction). It was recommended to approve the hiring of Stan Lexvold as Senior Engineering Tech/Supervisor (Construction) for the City of Eagan, subject to successful completion of the City's physical examination requirements. 7. Administrative Intern. Councilmember McCrea requested the name of the candidate recommended for hire. City Administrator Tom Hedges replied that the candidate had not yet been selected. It was recommended to approve the hiring of a candidate yet to be named as Administrative Intern for the City of Eagan. Page 6/EAGAN CITY COUNCIL MEETING MINUTES May 2 , 1989 8. Seasonal Workers. It was recommended to approve the hiring of Ben Anderson, David Chavez, Michael Griswold, Robert Judge, and Jeffrey Kadlec as seasonal street maintenance workers; and Timothy Troje as a seasonal central services maintenance worker; and Darren Wennen as a seasonal tree inventory technician. 9. Street/Equipment Maintenance Worker Resignation. It was recommended to accept the resignation of Frank Lamberger as a street/equipment maintenance worker with the City of Eagan. 10. Street/Equipment Maintenance Worker. Councilmember McCrea suggested staff search for a female and minority candidate. She commented that the Affirmative Action Plan should be met. Public Works Director Tom Colbert replied that the City was re-posting. It was recommended to authorize the City Administrator to offer the vacant street/equipment maintenance worker position to the second place candidate from the previous hiring process, subject to successful completion of the City's physical examination requirements, if no current maintenance worker applied for the vacancy and/or no current worker successfully passes the examination. B. Plumbers Licenses. It was recommended to approve the six plumbing licenses as presented. C. Correction to Lot Description for December 10. 1974, City Council Minutes. It was recommended to authorize correction of the official minutes of a regular City Council meeting for December 10, 1974, by changing Lot 1 to Lot 6 in the Kenneth Hassler Blackhawk Acres official transcript. D. License, Amusement Devices for Advanced Carter Company. Machines at J. Dolittle (formerly Flour gin). Councilmember McCrea reported that the machines were already on the premises of J. Dolittle's. City Administrator Tom Hedges replied that the amusement devices may have been ordered and installed before the applicant knew he needed a permit. He further stated that some cities charge a double fee for violations. Page 7/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 It was recommended to approve the amusement device application for Eugene Winstead for three amusement devices at J. Dolittle's Restaurant. E. Contract 89-12. Receive Bids/Award Contract, Tennis Court and Ball Field Fencing. Councilmember Egan stated he would like to review the estimated budget for the ball field and tennis court. Park and Recreation Director Ken Vraa replied there was not one available. Egan reiterated his request to review an estimated budget. It was recommended to approve the low bidder for Contract 89-12 and award the contract to Finley Brothers Enterprises as the lowest responsible bidder, in the amount of $302,924.74; subject to review and approval by School District No. 196 and further authorized the Mayor and City Clerk to execute all related documents. F. Contract 88-26. Receive Bids/Award Contract (Daniel Drive - Streets and Utilities). It was recommended to receive the bids for Contract 88-26 (Daniel Drive - Streets and Utilities) and award the contract to the lowest responsible bidder, Imperial Developers, in the amount of $175,180.00, and authorize the Mayor and City Clerk to execute all related documents. G. Contract 89-07. Receive Bids/Award Contract (Well No. 14).. It was recommended to receive the bids for Contract 89-07 (Well No. 14), award the contract-to the lowest responsible bidder, E. H. Renner & Sons, in the amount of $139,935.00, and authorize the Mayor and City Clerk to execute all related documents. H. Contract 89-10. Receive Bids/Award Contract (Well No. 15). It was recommended to receive the bids for Contract 89-10 (Well No. 15), award the contract to the lowest responsible bidder, Layne-Minnesota, in the amount of $133,040.00, and authorize the Mayor and City Clerk to execute all related documents. I. Project 561. Receive Report/Order Public Hearing (Sterns Addition - Streets and Utilities). It was recommended to receive the feasibility report for Project 561 (Sterns Addition - Streets and Utilities) and schedule a public hearing to be held on June 6, 1989. Page 8/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 J. Project 520. Receive Final Assessment Roll/Order Public Hearing (Manor Lake - Trunk utilities). It was recommended to receive the final assessment roll for Project 520 (Manor Lake - Trunk Utilities) and schedule the final assessment hearing to be held on June 6, 1989. K. Project 565. Receive Report/Authorize Plans and Solicitation of Bids (Water Treatment Plant - Dehumidification). It was recommended to receive the report for Project 565 (Water Treatment Plant - Dehumidification) and authorize the preparation of detailed plans and specifications and bid solicitation. L. Project 568. Receive Petition/Authorize Feasibility Report (Autumn Ridge - Storm Sewer). It was recommended to receive the petition for Project 568 (Autumn Ridge - Storm Sewer) and authorize the preparation of a feasibility report. M. Approve Final Plat, Potts Addition. It was recommended to approve the final plat for the Potts Addition and authorize the Mayor and City Clerk to execute all related documents. R-89.21 N. Approve Final Plat. Blue Ridge 2nd Addition. It was recommended to approve the final plat for the Blue Ridge 2nd Addition and authorize the Mayor and City Clerk to executed all related documents. R-89.22 0. Project 533. Approve Plans and Cost Participation Agreement (County Road 30 Reconstruction). It was recommended to approve the plans for Project 533 (Diffley Road - Reconstruction and Utilities) and authorize the execution of the Cost Participation Agreement by the Mayor and City Clerk. P. Contract 88-17. Approve Plans/Authorize Ad for Bids (Cedarvale Boulevard - Street Resurfacing) . It was recommended to approve the plans for Contract 88-17 (Cedarvale Boulevard - Street Resurfacing) and authorize the advertisement for the bid opening to be held at 10:30 a.m. on June 14F 1989. Page 9/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Q. vehicle No. 134, Approve Specifications/Authorize Ad for Bids (Public Works Pavement Grinder).. It was recommended to approve the specifications for Vehicle No. 134 (Public Works Pavement Grinder) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Thursday, June 1, 1989. R. vehicle No. 140. Approve Specifications/Authorize Ad for Bids (Public Works Skid Steer Loader). It was recommended to approve the specifications for Vehicle No. 140 (Public Works Skid Steer Loader) and authorize the advertisement for a bid opening to be held at 11:00 a.m., Thursday, June 1, 1989. S. Vacation of Public Right-of-Way. Receive Petition/Order Public Hearing (Coronation Drive and Kingswood Road). It was recommended to receive the petition to vacate public right-of-way (Kingswood Road and Coronation Drive) and schedule a public hearing to be held on June 6, 1989. McCrea moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as presented, and authorize their implementation. All voted in favor. VACATION/LOTS 3, 4, AND 5, BERRY RIDGE ADDITION City Administrator Tom Hedges updated the Council on the matter and stated that staff had not received any objections to the proposed vacation. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the vacation of drainage and utility easements within Lots 3, 4, and 5, Berry Ridge Addition. All voted in favor. VACATION/BIRCH STREET (SUNCREST ADDITION) Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a partial public right-of-way for Birch Street (proposed Suncrest Addition), subject to final plat approval for said addition. All voted in favor. CARRIAGE HILLS GOLF COURSE Egan moved, McCrea seconded, the motion to continue until the May 15, 1989, City Council meeting, the discussion regarding the golf ball problem being experienced by certain residents of Falcon Way, adjacent to Carriage Hills Golf Course. All voted in favor. Page 10/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 RATIFY 1988 AND 1989 BUDGET FUNDS City Administrator Tom Hedges summarized the matter for the Council. Councilmember McCrea asked if the BRA money was an annual figure. Mr. Hedges responded yes. Mayor Ellison requested the cable money remain as is. McCrea moved, Wachter seconded, the motion to approve the Special Revenue Funds Budget for the Housing Revenue Fund, Senior Housing Fund, Cable TV Franchise Fund and Housing Redevelopment Authority Fund for the calendar years of 1988 and 1989. All voted in favor. APPOINTMENT/AIRPORT RELATIONS COMMISSION City Administrator Tom Hedges introduced the matter to the ',Council. Egan moved, Wachter seconded, the motion to continue the matter to a later time at this meeting. All voted in favor. VARIANCE/LOT COVERAGE/BODECKER & SONS City Administrator Tom Hedges presented the application to the Council. The applicant was present at the meeting. Mayor Ellison questioned if the neighbors had been notified and if so, if they had any objections. The applicant replied that the neighbors were notified and there were no objections. Councilmember Egan asked if there was any land available for purchase. The applicant responded that the property behind theirs was available for purchase. Councilmember McCrea questioned the hardship. The applicant replied that they needed extra room for manufacturing and storage space. McCrea commented that in order to approve a variance, there was a need for a documented hardship. Councilmember Egan stated that if there were no property available, there would be a hardship. The applicant reported that the electrical box in the front prevented movement. Gustafson moved, Wachter seconded, the motion to approve a 1% variance to the 35% lot coverage maximum required in a Limited Industrial district as requested by R. L. Bodecker & Sons, Inc. at 3330 Mike Collins Drive, subject to all applicable City Codes. All voted in favor. Councilmember McCrea stated that the hardship was the electrical box and keeping the lines straight in the back. Page 11/EAGAN CITY COUNCIL MEETING MINUTES May 2r 1989 APPOINTMENT/AIRPORT RELATIONS COMMISSION John Hohenstein informed the Council that the appointment of the two alternates could be continued to another meeting. Councilmember McCrea suggested selecting a person subject to the decision regarding the alternates. She stated that if the alternates desired the position, the appointed person would become the alternate and further that if the alternate declined the position, the selected person would become the regular member. After the Council vote, City Administrator Tom Hedges counted the ballots and announced that the appointment of Greg Gappa was made to the Airport Relations Commission as an alternate or to fill out the remainder of a three-year term recently vacated by Dennis Gagnon, (the position would first be offered to one of the existing alternates). NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT FOR A STEEL FRAMED BUILDING City Administrator Tom Hedges explained the request for the special permit to the Council. He distributed two letters from DMS and Bridlewilde objecting to the issuance of the permit. Dennis Workmeister (representative for the applicant) informed the Council that the facility was relocated due to the Pilot Knob construction. He further stated that a smaller metal building already existed and that the applicant would provide a privacy fence and paint the building earth tones. Councilmember McCrea asked if the fence would screen the building. Mr. Workmeister responded that five feet of the building would be visible above the fence. McCrea questioned if the building could be constructed at another Northern Natural Gas Company location. Mr. Workmeister responded that at the other location there is a pipeline. McCrea asked if the applicant would be willing to do more in regard to the aesthetics. Mr. Workmeister responded it would depend upon the details requested. McCrea asked if they would consider bricking the building. Mr. Workmeister responded no, because it was an existing facility. Councilmember Wachter questioned the size of the present building and the need for the increase in the size. Mr. Workmeister responded there was a need to increase the size of the building due to an increase in the demand. Mr. Wachter questioned if Northern Natural Gas Company could relocate. Mr. Workmeister described the relocation due to the Pilot Knob project. Page 12/EAGAN CITY COUNCIL MEETING MINUTES . ws.. •;.s May 2, 1989 Councilmember McCrea asked if the Brick ordinance applied to this project. City Administrator Tom Hedges replied he was not sure if the Brick ordinance applied to this project. Councilmember Egan commented that Fairway Hills was developing and that the size of the utility building was increasing substantially. Mayor Ellison had concerns regarding a tin shack located next to a high quality development. Mr. Workmeister disagreed. Mayor Ellison felt that approval of the special permit would run counter to the City's policy. Councilmember McCrea suggested continuing the matter for further investigation. Mr. Workmeister pointed out that the expense of moving the facility was prohibitive. Mayor Ellison recommended the applicant review the matter and propose an acceptable building to the Council. The applicant asked for direction from the Council. Mayor Ellison suggested using the Northwestern Bell building and its brick as a design. Councilmember Gustafson suggested using the Well Plan design ,as a guide. He stated there were a number of choices available. Councilmember McCrea recommended a neighborhood meeting. Mr. Workmeister stated the applicants could not have combustible items in a brick structure. Councilmember Gustafson stated that a metal structure may be acceptable to the Council if the design and appearance were good. Councilmember McCrea pointed out that the location was also a concern. Mr. Workmeister asked if landscaping would help the matter. Councilmember Wachter asked if the peak of the roof could be reduced. Mr. Workmeister stated it would be an instrumentation problem. City Administrator Tom Hedges informed the applicant to contact Eagan staff for review and recommended continuance of the matter to the June 6, 1989, City Council meeting. Al Herrmann (developer - Fairway Hills) informed the Council he was willing to work with Northern Natural Gas Company. William Haye, 1359 St. Andrews, Fairway Hills, stated there was no landscaping on the project and that the lawns were washing away. He further commented that the pipes were unsightly and felt that the property taxes were too high. He invited an on-site investigation. He presented a letter to the Council dated August, 1988, from Derrick. Mayor Ellison requested staff check into the erosion control. Public Works Director Tom Colbert stated that staff was working with the developer. Mr. Haye further stated he had concerns regarding the safety of children. Al Herrmann reported that the erosion was occurring on the pipeline site and that no vegetation had been replaced. Page 13/EAGAN CITY COUNCIL MEETING MINUTES _,d May 2, 1989 Mr. Workmeister responded that the letter Mr. Haye distributed was for pipeline construction on a previous project. He further stated that the applicant was supplying natural gas as efficiently as possible and commented that the consumer pays in the end. He again requested direction from the Council. Councilmember McCrea recommended referring the matter to the staff. Councilmember Egan requested the building be compatible with the neighborhood. Councilmember Gustafson explained he needed to see a proposal. McCrea moved, Egan seconded, the motion to continue to the June 6, 1989, City Council meeting the special permit request for Northern Natural Gas Company to construct a steel framed building over an existing meter and regulatory facility on Outlot A, Fairway Hills 1st Addition, to allow the applicant to work with the City staff, arrange a neighborhood meeting, develop a landscape plan and give evidence of ,,an erosion prevention plan. All voted in favor. CRAY RESEARCH/SPECIAL PERMIT FOR A WELL City Administrator Tom Hedges briefed the Council regarding the matter. Public Works Director Tom Colbert recapped his memorandum dated April 25, 1989. Ed Bramen (real estate consultant for Cray Research) explained the use of the well and the purpose. He stated it was not a high capacity well. Councilmember McCrea had concerns regarding health and safety. The applicant responded that the valves could fail and contaminate the system. Mr. Colbert stated it was a potential problem. The applicant stated it would revise the plan to eliminate the potential problem. Be remarked that the well would be a primary source for a cooling tower. Councilmember Wachter was concerned about the use of water. The applicant responded that the State was not concerned with the project. Councilmember Egan asked if there was a potential concern regarding the draw-down. Mr. Colbert responded no. There was further discussion regarding the technical aspects of the project. Gustafson moved, McCrea seconded, the motion to approve a special permit for Cray Research for the installation of a private well to be used for backup water supply for cooling towers and landscaping irrigation, subject to the following conditions: 1. This special use permit shall be subject to all applicable City Codes. Page 14/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 2. The pumphouse shall have a maximum rate of 500 GPM. 3. There shall be no interconnection between the private well and City water. 4. The City of Eagan shall be allowed to monitor the well. All voted in favor. VISITORS/KINGSWOOD Jim Horne informed the Council he had two items he needed to bring to the Council's attention. He requested the vacation of the public right-of-way within the Kingswood 1st Addition. He stated he wanted the contractors to begin and did not want a delay. City Attorney Jim Sheldon replied that the vacation was a condition of final plat approval for the Kingswood 2nd Addition. He further stated that the final plat was not ready. Mr. Horne addressed his concern regarding the park dedication fee. He stated that the access was moved at the City's request which caused the developer extra expense. Be remarked that there were 11 lots and he wanted the dedication to apply only to the new lots. Mr. Sheldon commented that the City was entitled to the funds. Mayor Ellison requested Mr. Horne to work with the staff. VISITORS/PROJECT 520/MANOR LAKE Roger Weierke, 630 Cliff Road, had concerns regarding Item J of the consent agenda regarding the Manor Lake Trunk utilities project. He stated that the project had not been completed. Public Works Director Tom Colbert informed him that the staff would take steps to clean the matter up prior to the assessment hearing. He stated he could not guarantee it and that legal action was being pursued. VISITORS/SODERBOLM ADDITION Ray Connolly informed the Council that the applicant wished to withdraw its rezoning request. Councilmember McCrea statea she would not favor the withdrawal of the motion. Mr. Connolly informed the Council that much effort was put into the project ana stated that there was unanimous Advisory Planning Commission approval. Councilmember Egan remarked that he felt sorry for the Soderholm applicant but that the City had Code requirements that a substantial change was necessary for further Council review. He further stated that the Laventhol and Horwath report cited excess retail in the area. He commented that the Council's highest priority was to down-zone Multiple Residential to Single Family. Page 15/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 Mr. Connolly reiterated his desire to withdraw the rezoning request. Councilmember Wachter stated that the Advisory Planning Commission was for advisory purposes only. Councilmember Egan stated that any of the three Councilmembers could move to reconsider. Mayor Ellison remarked that the motion was not forthcoming. CONTRACTUAL CLEANING SERVICE/MUNICIPAL CENTER BUILDING City Administrator Tom Hedges introduced the matter to the Council. Councilmember Gustafson recommended looking for outside bids. McCrea moved, Egan seconded, the motion to authorize the advertisement of bids for a regular monthly building cleaning and maintenance service with a bid opening scheduled prior to the June 6, 1989, City Council meeting. All voted in favor. 35W JOINT POWERS AGREEMENT City Administrator Tom Hedges updated the Council with the background information. Councilmember Wachter had concerns regarding the Joint Powers Agreement and stated he was apprehensive. Councilmember Egan commented that it would be easier to approve the participation in the Agreement than it would be to get out of the Agreement. Mayor Ellison stated he was ambivalent in the matter. Councilmember Gustafson shared the other members' concerns. He questioned the fee calculations and had concerns regarding participation. There was more discussion regarding the participation by the City of Eagan. Councilmember McCrea questioned what the City of Eagan would receive by participating in the Joint Powers Agreement. City Administrator Tom Hedges stated the Agreement would improve the over-all County traffic flow. Councilmember Wachter remarked he felt the money may not be well spent. Egan moved, Gustafson seconded, the motion to deny participation in the Joint Powers Agreement establishing the I-35W Council as requested by the City of Burnsville because there would not be enough benefit to the City of Eagan. All voted in favor. PROJECT 569/RECEIVE PETITION/ORDER FEASIBILITY REPORT (EAGANDALE CENTER INDUSTRIAL PARK NO. 3) Egan moved, Wachter seconded, the motion to receive the petition for Project 569 (Eagandale Center Industrial Park No. 3) and authorize the preparation of a feasibility report. All voted in favor. Page 16/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 EXECUTIVE SESSION Mayor Ellison announced an executive session following the regular meeting to discuss pending litigation. TRAILWAY ASSESSMENT POLICY City Administrator Tom Hedges informed the Council that the assessment policy regarding the Johnny Cake Ridge Road trailway was being re-evaluated as a whole. He further commented that staff was addressing a number of issues confronting the Council. He stated it was recommended that there be no quad trailway assessments. He informed the Council a letter would be sent out to the citizens explaining the assessment policy re-evaluation. City Attorney Jim Sheldon explained that residential properties would not receive special benefit which is not necessarily true of commercial and 'industrial properties or public facility property. Mr. Hedges stated staff was considering alternative funding methods. Councilmember Egan recommended examining the entire policy as a whole. Councilmember Wachter requested more information. BOARD OF REVIEW City Administrator Tom Hedges updated the Council on the matter and stated he was preparing handouts. STORM WATER ORDINANCE City Attorney Jim Sheldon informed the Council that a public hearing would be set for June 6, 1989, to review the proposed ordinance creating a storm water and utility drainage district. Councilmember Egan questioned if it would include new construction also. Public Works Director Tom Colbert replied yes. Mayor Ellison commented the matter needed further discussion in a work session. Mr. Hedges suggested setting the meeting for May 30, 1989 at 7:00 p.m. Gustafson moved, McCrea seconded, the motion to schedule a workshop for May 30, 1989, at 7:00 p.m. to consider the storm water drainage utility and storm water drainage improvement district ordinance. All voted in favor. COUNCIL DISCUSSION Councilmember Wachter commented he had concerns regarding the Cray Research water tower. There was discussion between Wachter and Colbert regarding the matter. Councilmember Egan remarked that the meeting time for the Board of Equalization should be more clear and specific. Page 17/EAGAN CITY COUNCIL MEETING MINUTES May 2, 1989 There was an update regarding the Ireland Sister City project. Limerick has expressed an interest in the project. Councilmember McCrea suggested charging for the excess police calls to the billard halls. Mr. Hedges stated staff would check into the matter. McCrea asked when the grand opening for Fire Stations 4 and 5 would be held. Mr. Hedges replied he would check with the Fire Chief. CHECKLIST Wachter moved, Gustafson seconded, the motion to approve the checklist dated May 2, 1989, in the amount of $263,225.46. All voted in favor. ADJOURNMENT Upon motion duly made by McCrea, seconded by Egan, the meeting was adjourned at 9:15 p.m. All voted in favor CITY OF EAGAN SA 'a L, 4 E.VanOt "U v erbeke, City Clerk