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08/14/1986 - City Council Regular Council Minutes August 19, 1986 SOUTH MINNEAPOLIS CHRISTIAN CHURCH - SPECIAL PERMIT An application of South Minneapolis Christian Church for a special permit to allow the church temporary use of an existing office/warehouse facility at 3586 Kennebec Drive consisting of the Wenzel building was next heard. Dale Runkle explained that the applicant expects to use the building for one to two years until a permanent structure is built. Staff recommended that a permit no longer than two years be allowed. Councilman Smith indicated he would be opposed to a long term permit because of its location in an industrial area. Smith moved, Wachter seconded the motion to approve the application for a two year period, subject to review and renewal after the expiration of the two years and further subject to compliance with all applicable ordinances. All voted yes. SPERRY CORPORATION - CABLE PERMIT APPLICATION Sperry Corporation has requested approval from the City Council for a permit for the installation of a private cable on the City boulevard between two Sperry facilities located in Eagandale Center Industrial Park at 1200 Trapp Road and 1305 Corporate Center Drive. Mr. Hedges indicated that the City has recently adopted a policy whereby installation of private utility cables will not be allowed on city rights-of-way. The concern of the staff was that if non-public utility parties are permitted to lay cable in public rights-of-way, that there would then not be an adequate record of where private cable may exist. Ed Michaud was present on behalf of Sperry and indicated that Sperry would make the application for the permit. He further indicated that a maintenance agreement will be entered into with Northwestern Bell Telephone Company and stated that Sperry would be responsible for notifying the City in the event of a transfer of the permit, and that if the transfer is made, the City could then terminate the permit. Letters from both Russ Headley of Sperry and Paul Hauge of the City Attorney's office regarding installation of a cable by a private corporation, were reviewed by the Council. There was discussion concerning an agreement between the City and Sperry that there would be no transfer of the permit without City approval and that it was understood that Sperry would be the responsible party for the permit and further, in the event of the abandonment by Sperry, that the City would then release the permit and there would be no responsibility on behalf of the City for the location of the cable. It was understood that a private company could be granted a permit subject to an agreement being entered into with the City. Wachter moved, Egan seconded the motion to approve the variance to the policy, to allow the private company to acquire the permit, subject to the entry into an agreement with the City covering the issues stated above, and provided further, that Northwestern Bell Telephone Company will continue to have contractual maintenance responsibility and liability for the location and maintenance of the cable. All members voted yes. 6 Council Minutes August 19, 1986 OFF-SALE LIQUOR LICENSE AMENDMENT An amendment regarding the number of off-sale liquor licenses was approved at the City Council's July 15, 1986 regular meeting and a draft revision submitted by the City Attorney's office was distributed to the City Council for. its review. City Administrator Hedges discussed with the City Council the revisions in the ordinance amendment. Councilman Ellison suggested that the staff be authorized to accept applications, even though they may not comply with the ordinance provisions, but Councilman Smith favored the exclusion of applications in the event that there.are no licenses available under the wording of the amendment. It was further suggested that the application for the license be granted to an applicant, depending on issues including the strength of the applicant, the proposed location, and the needs of the area in the City. Egan moved, Smith seconded the motion to approve the amendment with the exclusion of the wording "applications will be considered on a first-come, first-serve basis". All voted yes except Ellison who voted no. CHARITABLE GAMBLING POLICY CHANGES The City Administrator then submitted to the City Council proposed changes covering gambling regulation practices relating to pull-tabs by charitable organizations in the City. Two alternate ordinance drafts were submitted for review by the Council as prepared by the City Attorney's, office. It was noted that national organiiatioiis were being allowed under Draft #2;' and that' under Draft #1, 15 active members and 15 members employed or living in the City, would be the criteria. There was extensive discussion by the Councilmembers, including the following: 1. Church carnivals would not be eligible under the draft provisions. 2. There were concerns about whether 50% of the members should live or work within the.- City and Councilman Ellison recommended that only Eagan eligible organizations be granted the permits. 3. It was recommended that the Council provide for up through a 4-day license to be allowed on non-liquor licensed locations, otherwise all locations must be located where liquor licenses have been approved. 4. It was recommended that 15 active and 15 employed with the City be the criteria for eligible organizations. 5. It was proposed that all reports required to be submitted to the State, also be submitted to the City officials for their review. 6. It was noted that a public hearing will be held at the September 2, 1986 meeting. Smith then moved, Ellison seconded the motion to give tentative approval to the drafts with the following conditions: 1. It was recommended that the Council provide for up through a 4-day license to be allowed on non-liquor licensed locations, otherwise all locations must be located where liquor licenses have been approved. 7 Council Minutes August 19, 1986 2. It was recommended that 15 active and 15 employed with the City be the criteria for eligible organizations. 3. It was proposed that all reports required to be submitted to the State, also be submitted to the City officials for their review. 4. To allow national organizations, but to eliminate the requirement that 80% of the net proceeds benefit programs within Eagan. All members voted in favor. JAMES R. HARRISON - VARIANCE - 956 WATERFORD DRIVE WEST An application was submitted by James R. Harrison of 956 Waterford Drive West for a variance to the 6 foot maximum height requirement for lot line fences. Mr. Hedges indicated that the applicant was unaware of the height restricti;n and had already constructed the fence. Mr. and Mrs. Roger Mitby, the next door neighbors, appeared and objected, claiming the view of the pond is blocked from their house and submitted pictures indicating that the fence was approximately 6 inches above the ground. Another neighbor appeared and had no objections. Mr. Harrison was present and stated that the main reasons were to act as a noise barrier and also a visual block. Bill Huttner, the builder, argued that the owner should not block the view.of.the adjoining pond. The Councilmembers generally indicated that the ordinance provision should be followed and if an objection arises by a neighboring owner, that the non- complying owner should revise the fence to comply with the ordinance. Wachter moved, Egan seconded the motion to deny the variance based upon the reasons described above and further, that the applicant does not comply with the ordinance requirements. All voted yes. RMC DEVELOPMENT CORPORATION - WAIVER OF PLAT An application was submitted by RMC Development Corporation for waiver of plat to split existing duplex lots, including Lot 1, Block 7, and Lot 2, Block 7, Sun Cliff 3rd Addition. After explanation by Dale Runkle, upon motion by Smith, seconded Ellison, it-was resolved that the application for waiver of plat be approved as presented. All members voted yes. R 86-58 THOMAS LAKE APARTMENT PROJECT - REVENUE BOND AMENDMENT An application was received from Dominium Corporation to consider a final resolution increasing the amount of the multi-family housing revenue bonds for Thomas Lake Place Apartment Project from $11,875,000. to $12,975,000. Tom Hedges explained the application, indicating an increase had been granted on July 31, 1986 by the City Council from $10,000,000 to $11,875,000. He further stated a public hearing is not required because the increase represented less than a 10% change. 8 Council Minutes August 19, 1986 A representative of Miller and Schroeder was present and answered questions of the City Council, indicating that the bonds will conform with the new tax law. There were also concerns as to whether the other bonds issued b'; the City may become taxable and a representative indicated that there would be no effect on other City bonds. Bob Lux with Dominium Corporation explained the reason for the increase due to the negative arbitrage with greater interest on the funds during construction than interest receivable on unused portions during the construction process. He could not answer what alternative the developer would utilize if the City Council did not give the approval but scaling back the project was the only logical alternative. Smith moved, Egan seconded the motion to approve the final resolution increasing the amount of the inducement as requested. Those in favor were Egan, Smith and Ellison; against were Wachter and Blomquist. COMPRI HOTEL - CONDITIONAL USE PERMIT - LIQUOR LICENSE At the request of the applicant, upon motion by Egan, seconded Wachter, it was resolved that the conditional use permit application for liquor license for the Compri Hotel on Pilot Knob Road be continued until the next regular meeting. All voted yes. R. L. JOHNSON 2ND ADDITION - PYLON SIGN PERMIT The application of R. L. Johnson Company for conditional use permit for pylon sign on the R. L. Johnson 2nd Addition property on Highway #13 and Yankee Doodle Road, came to the Council. Dale Runkle noted that the reason for the permit is that the proposed sign is higher than 7 feet and originally the proposed signage area was 168 square feet. The Advisory Planning Commission recommended that the permit be issued with the upper six foot six inch portion of the sign to be used for signage with area of approximately 78 square feet. Charles Junquist appeared for the applicant. There was no objection and Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The conditional use permit shall be subject to a one-time sign fee of $2.50 per square foot. 2. All other applicable sign ordinances shall be complied with. 3. Only the upper 6 feet 5 inches of the sign shall be used for signage with a total area of approximately 78 square feet. All voted yea. 9 Council Minutes August 19, 1986 WHISPERING WOODS 3RD ADDITION - PRELIMINARY PLAT & REZONING The application of Burnsville Lumber Company for preliminary plat approval for Whispering Woods 3rd Addition consisting of 13 single family lots on 5.7 acres and rezoning from A (Agricultural) to R-1 next came to the Council. The Advisory Planning Commission at its meeting on July 29, 1986 recommended approval subject to conditions. It was also noted that the comprehensive guide amendment would be required from R-2 to R-1. The density, according to Dale Runkle, would be 2.5 units per acre and all lots exceed the 12,000 square foot minimum requirement. There would be 3 variances, however, required regarding front yard setbacks. A Petition had been submitted by property owners surrounding the subdivision, requesting additional conditions be imposed. Mayor Blomquist was concerned about the rezoning issue and the need for the Council to review the proposal that the property be designated for higher value homes, and the inducements that would be required to the developer of the larger lot subdivisions. Councilman Smith indicated that it was not practical to expect that any meaningful proposals would be available with a considerable amount of time before the plan could be adopted. Neighboring owners made presentations objecting to the proposal, and Steve Hilla was present on behalf of the applicant. Mr. Hilla discussed the request of the neighbors, that covenants be imposed, and he indicated the developer opposed them. He also commented on the objections regarding serious erosion problems in the 2nd Addition. Councilman Ellison indicated it would take about six months to a year to complete the large lot inducement proposals. Wachter moved, Ellison seconded the motion to approve the application for rezoning as presented. All voted in favor except Blomquist who voted no. Councilman Ellison then moved, Councilman Egan seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All internal right-of-way shall be a minimum of 60 feet in width. 2. All grading, street and utility construction shall be in conformance with current City engineering design standards. 3. All drainage, utility and ponding easements shall be dedicated with the final plat of sufficient size to accommodate all public utilities and ponds. 4. This development shall assume all costs associated with the installation of streets and utilities to service this subdivision. In addition, it shall be responsible for the additional trunk area storm sewer assessments associated with this single-family development. 5. Park dedication fees shall be in the form of cash. 6. All standard plat conditions shall be adhered to. 10 Council Minutes August 19, 1986 7. This development shall be responsible for obtaining the necessary permits/approvals from MPCA, MWCC, Minnesota Department of Health and the Black Dog Watershed District. 8. This development shall clear a minimum of 10 feet along the back lot line of Lots 5 and 6 of Block 2, for future storm sewer construction. 9. All standard plat conditions shall be adhered to. 10. All variances shall be approved as listed in the report subject to staff review and control over the actual variance required and appropriate. 11. An amendment to the Comprehensive Guide Plan shall take place prior to the final plat. 12. Lots 1 and 2, Block 1, with direct access to Slater's Road shall have driveway turnarounds. 13. The issue regarding the fill material dumped in the 3rd Addition shall be resolved to the City's satisfaction. 14. There will be no final plat approval or grading permits issued until all current development and excavation problems are corrected to the City's satisfaction, with the Public Works Department submitting a progress report to the Council at the next regular meeting. Burt Thorp, one of the neighbors at 4997 Slater Road was present and requested that all improvements to the 2nd Addition be completed before the 3rd Addition is approved. There were serious grading problems in the 2nd Addition and also fill had been furnished in the 3rd Addition without City approval. Public Works Director Colbert indicated that erosion problems have occurred and the 2nd Addition was given preliminary plat approval with a grading permit. The developer has not proceeded with the final plat and the final improvements, according to Hilla's engineer who was present, who commented upon the fact that the developer was unable to acquire an easement for a sanitary sewer line from the adjacent owner for the 2nd Addition development. Wachter then moved to amend the motion, to continue the application until the next regular meeting. Blomquist seconded the motion, which motion was later withdrawn. Those in favor of the main motion were Smith, Ellison and Egan; those against were Wachter and Blomquist. Egan then moved, Ellison seconded the motion to approve the application for Comprehensive Guide revision as submitted. All members voted affirmatively. SEEP LAT FILE 11 Council Minutes August 19, 1986 WILSON ADDITION - PRELIMINARY PLAT The application of Fred B. Wilson for preliminary plat approval of Wilson Addition consisting of 4 single family lots on Blackhawk Road came next to the Council. Tom Hedges introduced the subject and Dale Runkle explained the proposal with 4 lots on 4.6 acres. No variances from the R-1 zoning minimum requirements were requested, but Mr. Runkle noted that a mailed notice problem had resulted because one of the adjoining owners did not have his name on the County record. Bill Cardinell appeared as a neighboring owner and stated that there continues to be a boundary line problem and requested that the Council continue the application until it is resolved. Brad Swenson, Engineer, appeared for the applicant and stated that the boundary line issue will be corrected, with the resolution of the boundary line to be completed before final plat approval. Councilman Smith moved, Councilman Egan seconded the motion to continue the application until the next regular meeting on September 2, 1986 to allow the applicant time to resolve the problem with the adjacent property owner. All voted yea. SEE PLAT FILE WILDERNESS PONDS - PRELIMINARY PLAT & REZONING The application of John Karos for rezoning from A (Agricultural)-to R-1 (Single Family) and preliminary plat approval of 41 lots, single family subdivision on a 20.7 acre parcel on Wilderness Run Road was next considered by the City Council members. Density would be 1.9 units per acre according to Mr...Runkle and average lot size was approximately 19,000 square feet, with a minimum of 12,000 square feet. Mr. Runkle described the two cul-de-sacs proposed, noting the severe terrain problems and further, that the Park Committee recommended cash dedication. , The. Advisory Planning Commission recommended approval with certain conditions. Rich Sathre of Sathre-Bergquist Engineers, appeared on behalf of the applicants, the Sibleys and the Klingebiels, and John Karos, the developer. Several variances were requested, including the cul-de-sac length and two variances for street frontage due to topographical issues. The main concern was access and the condition for screening due to headlights had also been addressed. Betty Kipple appeared and questioned the park land issue northwest of the parcel and indicated that the Park Commission had recommended it not be used for park purposes. Staff was requested to review the Park issue. Wachter moved, Egan seconded the motion to approve the application for rezoning as requested. All voted yes. Egan then moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. A variance shall be granted for the length of cul-de-sac street construction for Wilderness Curve. 2. All grading, street and utility construction shall be in conformance with current City engineering design standards. 12 Council Minutes August 19, 1986 3. All drainage, utility and ponding easements shall be dedicated with the final plat of sufficient size to accommodate all public utilities and ponding areas. 4. This development shall assume all costs associated with the installation of streets and utilities to service this subdivision. 5. Park land dedication shall be in the form of cash. 6. All standard plat conditions shall be adhered to. 7. The excess portion of Wilderness Curve at the southeast quadrant of Wilderness Curve and Wilderness Run Drive shall be vacated in conjunction with final plat approval. 8. This development shall dedicate 60 foot rights-of-way for public streets, except for Wilderness Curve, east of Ches Mar Drive. 9. All standard plat conditions shall be adhered to. 10. The developer shall be responsible for trees and landscaping along the northern property line in the area of the accesses to Lots 5 and 6, Block 2, to provide screening to the lots to the north from headlights of cars accessing Lots 5 and 6. All voted affirmatively. SEE PLAT FILE MARSTAD ADDITION - PRELIMINARY PLAT An application of Steve Marstad for preliminary plat approval of Marstad Addition consisting of 4 single family lots on 2 acres on the south side of Cliff Road, west of the Ridgecliffe First Addition was next considered. Dale Runkle outlined the concept plan originally proposed for the area with the road continuing through, noting the elevation differential, may create a need for an alternative development for the street. He further stated that the rezoning application had not been submitted because the owner had desired to simply determine whether the Council would be receptive to the proposal. Steve Marstad was present and indicated he purchased the two acre parcel in 1970 and further, that he was not involved in the determination by the City Council when the street had been stubbed to the east line. He further stated that he did not desire to develop Nokia Way, but proposed a driveway to allow him to construct one additional single family residence at the present time, with driveway from Cliff Road. Wayne Cordes, Surveyor, explained that there is a high knob that would have to be cut down to accommodate Nokia Way extended westerly, and suggested that a street be constructed at a later date with the two southerly lots not developed at the present time. 13 Council Minutes 93 August 19, 1986 Councilman Smith strongly stated that Nokia Way must be developed with the street as originally proposed, noting utilities have been planned and also the layout of the lots in the general area. Staff recommended denial of the application but if approved, it would add certain additional conditions. Ellison moved, Egan seconded the motion to deny the application, noting that the owner will not comply with the planning requirements and with the road location as designed for the general area; that the utilities are in place to run through the proposed Nokia Way location and that the proposal was to provide for a private driveway to service the lots which would not comply with City Code. All voted in favor except Wachter who abstained. SEE PLAT FILE TOWN CENTRE 70 FIFTH ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT The application of Federal Land Company and Taco Bell for preliminary plat approval for Town Centre 70 5th Addition, and conditional use permit for drive-through and sign came next to the council for its consideration. Dale Runkle explained that the lot would contain 29,330 square feet and Outlot A would contain 28,950 square feet. The 2,240 square foot building would provide for parking for 26 vehicles and noted that the trash receptacle will now be included in the building and one harking space will be eliminated as recommended by the staff. Vern Colon of'Federal'iLand Company was present. Doug Sinclair, on behalf of Taco Bell, requested approval to proceed with the grading and utilities because of the impending weather problems. No official action as taken on the request. There were no objections and Wachter moved, Egan seconded the motion to approve the application for preliminary plat approval and conditional use permit as requested for the plat, subject to the following conditions: I.- All standard plat conditions shall be adhered to. 2. The pylon sign height shall be 25 feet maximum and the one-time sign fee of $2.50 per square foot shall be required. 3. The single parking stall on the north shall be reconfigured to allow additional green space. 4. A landscape plan complete, with berming and suitably noted shall be submitted prior to final plat submission. A financial guarantee shall be submitted and not released until one year after installation. 5. The southeasterly most parking stall shall be deleted to provide a minimum driveway throat length and increase the entrance radii to 20 feet. 6. The developer shall comply with all standard engineering conditions which apply. 7. This plat shall be subject to a cash parks dedication fee. 8. One-way traffic will be used if so recommended by staff. All members voted yes. SEE PLAT FILE 14 Council Minutes August 19, 1986 TOWN CENTRE 70 SIXTH ADDITION - PRELIMINARY PLAT The application of Federal Land Company for preliminary plat approval of Town Centre Sixth Addition for Car C.A.R.E. Center covering approximately 4 acres on Lots 1 & 2, Block 1, with three separate buildings, and Lot 2 for a proposed sit-down restaurant facility was next heard. Dale Runkle noted that Lot 1 will contain a typical strip center building containing 23,100 square feet with 7 auto related services including separate gas pumps and car wash. He commented on the proposed berming and screening along Pilot Knob Road and further explained that the trash receptacle will be incorporated into the building. Ron Krank of Korsunsky, Krank & Erickson Architects, appeared and explained the proposal in some detail. He noted that access will be acquired from both sides of the building so there will be no back side and that a berm will be created on the west with year round landscaping. Jeff Sweet also appeared for the applicant and indicated that there will be a car wash prototype which will be include a drying cycle, but no towing service will be provided. Egan moved, Smith seconded the motion to approve the application, subject to the following: 1. The center line of the access driveway onto Duckwood Drive shall line up with the center line of Krestwood Lane. 2. The minimum throat length for the access onto Duckwood Drive and the southerly access on Town Centre Drive shall be a minimum of 60 feet. 3. This development shall be responsible for obtaining the necessary permits for sloping of the grading onto MnDOT and/or County right-of-way. 4. This development shall be responsible for meeting all standard engineering conditions which apply. 5. This development shall be responsible for necessary cross easements for traffic circulation, should the restaurant be deemed necessary to have its own separate lot and block. 6. This plat shall be subject to a cash parks dedication fee. 7. All sides of the strip center building shall be architecturally the same. 8. The trash site for the restaurant shall be enclosed within the building. The plan shall include the site plan/building plan. 9. The car wash shall have drying capabilities. 10. One way drive through circulation for the strip center building shall be noted on the site plan. 15 Council Minutes 99 August 19, 1986 11. No outside storage shall be permitted. 12. Employee parking and service parking shall be determined and noted on the site plan. 13. The detailed landscape plan complete with 2 foot to 3 foot berming along the public streets shall be submitted prior to final plat submission. A financial guarantee shall be submitted and not released until 1 year after the installation. 14. All Town Centre 70 sign Planned Development conditions shall be adhered to. 15. The parking lot lighting shall be addressed in a manner to prevent blinding drivers proceeding westerly on Duckwood Drive and subject to staff approval. 16. Covenants shall be included in the leases requiring use of the facility as car care related. All councilmembers voted affirmatively. SEE PLAT FILE HIGHVIEW ADDITION - BUILDING PERMIT Mr. & Mrs. Loren Burtness and Mr. & Mrs. Philip Elgenman appeared regarding a building permit acquired by Duane Anderson for garage construction on the Anderson property on Highview Avenue. There were concerns about the possible business operation out of the proposed garage structure and the staff explained that there has been compliance according to building code provisions. There was a question concerning the lot line and Mr. Anderson stated that there was no controversy about that issue. He did object to what appeared to be a 3-story proposal, but no action was taken on behalf of the council, noting that the applicant is apparently complying with City Code. FAIRWAY HILLS - FINAL PLAT Don Patton appeared on behalf of Derrick Land Company requesting final plat approval of Fairway Hills Addition. Staff recommended approval noting compliance with City requirements. Egan moved, Wachter seconded the motion to approve the final plat, subject to conformity with all City ordinances and regulations. All members voted yea. R 86-59 TOWERVIEW & HIGHVIEW STREETS - CONTRACT #86-24 The plans have been submitted by the consulting engineer for the street improvements for Towerview Road and Highview Avenue. Upon motion by Smith, seconded Ellison, it was resolved that the plans be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Friday, September 12, 1986 at the City Hall. All voted in favor. 16 Cou:,cil Minutes August 19, 1986 MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21 Tom Colbert went through some detail with the Council including a memo dated August 12, 1986 regarding budget review for Change Order No. 1 to the Maintenance Facility. He explained the proposed adjustments to the original estimates reflecting an available allowance of $12,289.00. He recommended to the City Council that an extra bay be added, costing about $62,000.00 which would cost perhaps $150,000.00 within three years. After extensive discussion, Egan moved, Blomquist seconded the motion to approve the recommendation with the understanding that the financing will be determined during the budget process. All voted in favor. PINE RIDGE & GROUP W CABLE - CONTRACT #85-23 The fifth and final payment for Contract #85-23 to MacNamara Contracting Company in the amount of $2,836.12 was recommended for approval. Upon motion by Wachter, seconded Egan, it was resolved that the final. payment be approved and the City accept the improvements for perpetual maintenance. All voted in favor. WESCOTT-TRUNK SANITARY SEWER - CONTRACT #84-02 Upon motion by Egan, seconded by Wachter, it was resolved that the eighth and final payment for Contract #84-02 Wescott Road trunk sanitary sewer improvements to Austin P. Keller Construction Co. for $66,500.00 and acceptance of the project be approved. All voted yea. SLATER'S ACRES - CONTRACT #85-03 - CHANGE ORDER #2 Change Order No. 2 for Slaters Acres utility and street improvements under Contract #85-03 was submitted for approval. Ellison moved, Egan seconded the motion to approve the Change Order No. 2 for Contract #85-03 and that the appropriate officials be authorized to sign the related documents. All voted in favor. SUNSET 4TH ADDITION - PROJECT #84-I After recommendation of the staff and upon motion by Wachter, seconded Egan, it was resolved that the City accept Project #84-I consisting of street and utility improvements in Sunset 4th Addition which covered private improvement installation. All members voted in favor. 17 Council Minutes August 19, 1986 INDIRECT SOURCE PERMITS Dale Runkle detailed with the Council the process required for larger developments to acquire Indirect Source Permits through the Minnesota Pollution Control Agency. He noted that the thresholds under the permit process for the Town Centre 70 and 100 Additions are being approached and there were questions as to whether the city should become a co-permitee and assume certain obligations under the permits. He noted also in the case of the Wachovia project, that the City has been requested to be a co-permitee and there were questions about the legality of the City's involvement in such projects. No specific action was taken and the City Attorney's office was directed to investigate the matter further. HOLLAND LAKE TRUNK STORM SEWER - PROJECT #444 The Public Works Director explained to the City Council that permanent and temporary easements will be required under Project #444 on the Holland Lake trunk storm sewer project adjacent to Cliff Road. Noting the opposition at the public hearing, it's expected that the City will be required to condemn and therefore recommended that the council authorize the condemnation actions that are necessary and to authorize the hiring of an appraiser to determine damages. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation of the Public Works Director to commence condemnation on the necessary parcels, including the hiring of an appropriate appraiser be approved. All voted yes. EAGAN INDUSTRIAL ROAD - RIGHT-OF-WAY VACATION A request had been made to vacate a part of Eagan Industrial Road in relation to Lot 3, Block 2, Eagandale Center Industrial Park. Upon motion by Smith, seconded Wachter, it was resolved that the Petition for vacation be received and the public hearing be scheduled for September 16, 1986 at 7:00 at the City Municipal Center to consider the vacation. All members voted yes. ROBINS ADDITION - FINAL PLAT A request was made by the developer of the Robins Addition for the extension of the final plat filing for an additional 30 days. Egan moved, Wachter seconded the motion to approve the extension. All voted in favor. BORCHERT INGERSOLL - ASSESSMENT APPEAL Tom Colbert and Paul Hauge again discussed with the City Council a potential claim on behalf of Borchert Ingersoll for reduction of storm sewer assessments under the Project #381. A demand had been made by John Borchert through his attorney for settlement and the Council discussed the issue with no final decision. Further negotiations will take place regarding the claim. 18 Council Minutes ^ August 19, 1986 Cap. GRADING PERMITS/PRELIMINARY PLATS There was discussion among Council members concerning grading permits where no preliminary plat approval had been granted. Blomquist moved, Egan seconded the motion to grant grading permits to applicants that comply with the excavation ordinance, in the event that preliminary plat approval has not been granted, with the requirement that the grading permit application must then go through the public hearing process including the Advisory Planning Commission. All members voted yes. SUNSET 4TH ADDITION - EASEMENT VACATION The Public Works Director noted there was an incorrect description filed with the Dakota County Recorder's office regarding a Resolution adopted July 16, 1935 to vacate easements over three lots in Sunset 4th Addition. Upon motion by Egan, seconded Smith, it was resolved that the Resolution correcting the original motion of the City Council of July 16, 1985 regarding Sunset 4th Addition vacation proceedings, be approved. All voted in favor. CHECKLIST Wachter moved, Egan seconded the motion to approve the following checklist dated July 23, 1986 in the amount of $ $6924.42; dated.July 31,1986 in the amount of $494,739.17 & dated August 19,1986 in the amount of $1,182,975.73. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:05 a.m. PHH City erk 19