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08/05/1986 - City Council Regular CO2 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 5, 1986 A regular meeting of the Eagan City Council was held on Tuesday, August 5, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, Consulting Engineers Bob Rosene and Mark Hanson, Planner I Jim Sturm and City Attorney Paul Hauge. MINUTES Regular Meeting - July 15, 1986. Egan moved, Wachter seconded the motion to approve the Minutes of the July 15, 1986 regular meeting. All voted yes. Special Meeting - July 10, 1986. Egan moved, Ellison seconded the motion to approve the minutes of the July 10th meeting, with the exception on page 2 regarding Councilman Smith's comments about the fire stations, that no construction shall take place until the future of the fire department staff is resolved. All voted aye. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as distributed. All voted yea. PUBLIC WORKS DEPARTMENT 1. Nicols Road - Contract #86-2. City Public Works Director Tom Colbert explained to the City Council that the Council had solicited competitive bids for the upgrading of Nicols Road from Kings Road to Beau D'Rue Drive, with bid opening set for August 15, 1986. He noted that the State Aid department would not approve a road less than 52 feet wide, and the present design provides tapering from 52 feet to 44 feet for the major portion from Beau D'Rue Drive. It would be necessary to reduce the scope of the contract to omit that portion north of Diffley Road from the formal contract requesting State Aid financing, and the northerly portion would then be constructed under a new 1987 contract to either the MnDOT required design or a lesser width approved through a variance request process. He stated also that there was a problem concerning the turnback road through MnDOT. Smith moved, Wachter seconded the motion to delete the northerly portion of the contract and to pursue the variance with MnDOT for a narrower approved roadway. All councilmembers voted affirmatively. R 86-53 1 Council Minutes August 5, 1986 2. Grading Permit Processing Policy. Mr. Colbert explained that Code Section 4.30 provides that a permit is required from the Council for any excavation or fills project in the City. He further indicated that the staff has been receiving considerable pressure from developers to acquire grading permits put on the Council agenda prior to formal approval of the staff. The staff therefore is recommending that the City Council delegate the permit issuance authority as an administrative function to the Public Works Director, similar to the issuance of building permits through the Chief Building Official. The permits could cover only those applications where the preliminary plat had been approved by the City Council and must be in compliance with City standards. Smith moved, Ellison seconded the motion to authorize the Public Works Director to issue permits for excavation and fills under Code Section 4.30 without formal council action for only those properties covered by an approved preliminary plat, and further subject to City Code requirements. All voted yes. TERMINAL DRIVE & YANKEE DOODLE ROAD - STOP SIGN REQUEST A request had been received from Mike Gresser of Gresser, Inc. for stop signs at two of the three legs of the intersection of Terminal Drive and Yankee Doodle Road near the Gresser, Inc. property.-'Tom Colbert recommended against the stop sign from Terminal Drive onto Yankee Doodle Road and noted that both stop signs were installed by Gresser and had now been removed by City crews. He also noted that modifications to the intersection configuration were performed by Gresser, Inc. without City authorization, explaining that an agreement had been requested of the three property owners but that Comserv and Mr. Kulberg, the two other adjacent property owners, had refused to sign the Agreement. Mike Gresser and Gary Fuchs were present and answered questions of the City Councilmembers. They indicated that they would remove the intersection modification within 30 days of the request of the City, and it was suggested that a right-turn arrow on Yankee Doodle Road be installed. After considerable discussion, Wachter moved, Smith seconded the motion to direct the Public Works Department to install a permanent barricade on the west end of Yankee Doodle Road to avoid accidents in that location. All members voted yes. Smith moved, Egan seconded the motion to authorize the modification to the Yankee Doodle Road right-of-way with Gresser's signature-only on the Agreement with'-the understanding that Power Dynamics and Gresser, Inc. are the only owners affected at present and in the event that there are more owners that directly use the roadway, the City may then request removal of the modification at Gresser's or its successors expense; further that a warning sign be installed on the north side of Terminal Drive and Yankee Doodle Road. All voted yes. 2 Council Minutes August 5, 1986 Blomquist moved, Egan seconded the motion to approve the stop sign on Yankee Doodle Road eastbound traffic at Terminal Drive and Terminal Drive southbound at Yankee Doodle Road, with the understanding that the Council will review the effect of the stop signs in the Spring of 1987. All voted in favor except Wachter who voted no. BOY SCOUT TROOP #510 The Mayor welcomed the members of Boy Scout Troop #510 which meets at Mount Calvary Lutheran Church on Rahn Road. CONSENT AGENDA The following consent agenda items were brought before the Council and the staff recommended approval of the following: 1. Contractor's Licenses. The schedule of contractor's license applications was submitted to the Council and it was recommended that the applications be approved. 2. Election Judges. A schedule of election judges for the State primary election in the fall of 1986 was distributed to the City Council in the packet and it was recommended that the list of election judges for the State primary election be approved. 3. Compensation for Election Judges. The Director of Finance submitted a comparison of election judge hourly compensation for head judge and election judges from ten communities, noting that Eagan is on the lower end, and recommended that the compensation be increased from $4.00 per hour for election judges to $4.50 for head judges. It was recommended that the revision be approved. 4. Engineering Services Contract - Radio Communications. It was recommended to the City Council that it approve the consulting engineering agreement between the City and Dr. John DuBois, radio communication consultant. 5. Eagandale Center Industrial Park - Pavement Evaluation Study. It was noted that the streets located within Eagandale Center Industrial Park that were constructed from 1968 to 1970, had considerable deterioration at the present time. The Public Works Director recommended that the streets be evaluated structurally with a projection of the pavement life to determine whether a structural overlay should be performed. 6. Lone Oak Addition-- Project #447. The final assessment roll for Lone Oak Addition Project #447, trunk water main, has been completed and it was recommended that the Council receive the final assessment roll and schedule an assessment hearing to be held on September 2, 1986 at 7:00 p.m. at the Eagan Municipal Center. 3 Council Minutes August 5, 1986 7. Robins Addition - Project 1-453. It was recommended that the final assessment roll for Project #453 consisting of utility improvements in Robins Addition be received and the Council schedule a public hearing at 7:00 p.m. on September 2, 1986 at the Eagan Municipal Center. 8. Eagandale Court - Project #456. The next assessment roll covered street and utility improvements in Eagandale Court under Project #456 and it was recommended that the roll be received and that the assessment hearing be scheduled at the Municipal Center at 7:00 p.m. on September 2, 1986. 9. Hampton Heights - Project #451. The assessment roll for the trunk water main in Hampton Heights Addition has been completed and it was recommended that the Council receive the roll and schedule the hearing for September 2, 1986 at the Eagan Municipal Center at 7:00 p.m. 10. Eagandale LeMay Lake - Project #424. The staff recommended that the final assessment roll for Project #424 covering streets and utilities, in the Eagandale LeMay Lake area be received .y the City Council and that it order a final assessment hearing to be held on September 2, 1986 at 7:00 p.m. at the Eagan Municipal Center. 11. Eagandale LeMay Lake First Addition - Street Easement Vacation. In May of 1986, the developer of the proposed Eagandale LeMay Lake 2nd Addition submitted a request for the vacation of common lot line and drainage and utility easements that were dedicated as a part of the First Addition plat. It was recommended that the Petition to vacate the street easement be received and that a public hearing be scheduled for September 2, 1986 at 7:00 p.m. at the Eagan Municipal Center. 12. Snow Plow Equipment - Vehicle #129. The Public Works Department has prepared specs and advertised for bids for the installation of a dump box on the front of wing plows and slide-in sander for 30 GVW dump truck. Bids have been received and it was recommended that Midland's low bid of $19,255.00 ce approved and that the equipment be authorized to be purchased. 13. Eagandale Office Park 2nd Addition - Contract #85-19. It was recommended that the fifth and final payment for Ccutract A5-19 consisting of Eagandale Office Park 2nd Addition to G & L Contracting, Inc. in the amount of $13,722.93 be approved and that the Council accept the improvement for perpetual maintenance, subject to warranty provisions. 14. Northview Meadows 2nd Addition - Final Plat. The final plat application has been submitted for Northview Meadows 2nd Addition and it was recommended that it be approved and that the Mayor and City Clerk be authorized to sign the related documents. R 86-54 15. Northview Meadows 2nd Addition - Temporary Ponding Easement. It was recommended that the Council adopt a Resolution releasing all rights and interests in the temporary ponding easement over the proposed Northview Meadows 2nd Addition and authorize the Mayor and Clerk to execute the necessary documents. 4 Council Minutes August 5, 1986 - * ~n 16. MnDOT Speed Limit Survey Resolution. A proposed Resolution was submitted and recommended for approval by the staff requesting MnDOT spe d limit survey covering miscellaneous streets within the City. 17. Town Centre 100 1st Addition - Easement Vacation. A Petition was received from Federal Land Company for vacation of a drainage and utility easement on Lot 1, Block 1, Town Centre 100 First Addition, consisting of the Learning Tree Developmental Day Care Center. It was recommended that the Petition be received and that the public hearing be scheduled for September 2, 1986 at the Municipal Center at 7:00 p.m. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented by the City staf. All voted yes. WINDTREE 7TH ADDITION - PROJECT #477 - PUBLIC HEARING Mayor Blomquist convened the public hearing regarding street and utility improvements in Windtree 7th Addition consisting of Project #477. Tom Colbert introduced the report for the project and Mark Hanson detailed the project for the City Council. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the hearing be closed and the project e approved and ordered in, and the consulting engineer be authorized to prepare the plans and specifications. All councilmembers voted affirmatively. EAGANDALE CENTER INDUSTRIAL PARK 6TH ADDITION - EASEMENT VACATION The public hearing regarding the vacation of a drainage and utility easement over Lot 4, Block 1, Eagandale Center Industrial Park 6Ln Addition was convened by the Mayor. Mr. Colbert explained the proposed vacation, noting the easement was obtained through a deed conveyance and is no longer necessary within the subdivision. There were no appearances nor objections, and Smith moved, Ellison seconded the motion to close the hearing and to approve the vacation of the easement as described. All voted yes. LEMAY LAKE HILLS ADDITION - PONDING EASEMENT VACATION The hearing regarding the vacation of a ponding easement in the Lemay Lake Hills Addition was convened. Tom Colbert indicated that in the 1970's, Martin Shields dedicated by way of a deed of conveyance, a ponding easement for the major portion of Lemay Lake and the necessary easement is now incorporated within the recently platted Lemay Lake Hills Addition and therefore, the former easement is no longer required. There were no appearances and Egan moved, Wachter seconded the motion to close the public hearing and to authorize the vacation and execute the necessary documents. All members voted aye. 5 Council Minutes August 5, 1986 COMPRI HOTEL - AMENDMENT - EAGANDALE OFFICE PARK 4TH ADDITION A letter requesting an amendment to the July 15, 1986 approval of the Eagandale Office Park 4th Addition was submitted by Opus Corporation. Assistant Planner Jim Sturm briefly reviewed the request and Robert Worthington of Opus Corporation was present. Mr. Worthington indicated that the request was to clarify the Council action and it appeared that it was not necessary to amend the comprehensive plan for the proposed restaurant lot. He stated that the intention is to construct some of the parking and access for the hotel and restaurant site and recommended that the restaurant site be designated as a platted lot rather than an outlot. It is expected that in the event that the liquor license is applied for, that the restaurant would be combined with the hotel and the lots would then be combined. Egan moved, Wachner seconded the motion to approve the amendment to the plat as requested. All voted in favor. GAMBLING REGULATION PROPOSALS The City Council at its July 15, 1986 meeting gave direction to the stazf to prepare a concept or policy ordinance revision for gambling purposes in the City. Tom Hedges indicated that the City of Janesville had recently adopted an ordinance with some suggested changes and Councilmember Ellison prepared a proposed charitable gambling policy to insure that charitable gambling in Eagan is conducted by _Eagan non-profit organizations and the proceeds from that gambling are used for the betterment of the City. Administrative Assistant Witt prepared a written report concerning the current statutory gambling regulations and a list of the gambling applications in the City approved by the City in 1985 and 1986 and a comparison of the proposed policies with the present ordinance. Councilman Ellison described why he recommended the regulations and there was considerable discussion concerning specific aspects of his proposed policy including the 40 active members in a non-profit organization where it was suggested that 15 active members may be adequate, who would reside or work within the City. There were questions as to whether the Multiple Sclerosis Society, and the Osman Temple, would comply with the minimum requirements. In addition, the provision regarding the applicants pledging 80% of the net proceeds to be used within the City, could be a very onerous goal to achieve. Councilmember Smith suggested the policy apply only to pull tabs and be authorized in liquor license establishments only. Councilman Ellison then recommended a significant amount of the net proceeds be spent within the City. Ellison moved, Egan seconded the motion to instruct the City Attorney to prepare a proposed policy/ordinance for charitable gambling within the City to be submitted to the Council at its next meeting and further, that the public be notified that a hearing will be held at the first meeting in September for public comment. Some of the provisions would include changing the 40 active member provision to 15, the compensation to the operator would be permissible provided it fits within the State requirements, and that the policy cover pull tabs only. All members voted in favor. 6 Council Minutes August 5, 1986 MS SOCIETY - GAMBLING LICENSE - VALLEY LOUNGE An application had been submitted by the National Multiple Sclerosis Society for gambling to be conducted at leased space in the Valley Lounge on Highway #13. The City Administrator detailed the application and indicated that in light of the previous action of the City Council regarding the charitable gambling policy, it may not be appropriate for the Council to act on the application. Sharon A. Grigel, the Area Manager for the MS Society was present and stated that the money will stay in Minnesota and she explained the charitable purposes of the profits. She indicated that employees are paid $3.50 per hour and that there are 43 sites with licenses granted within the State of Minnesota for the MS Society at the present time. She indicated that the MS may not qualify under the proposed regulations. After considerable discussion, noting that the City has 30 days in which to react to the application, Ellison moved, Egan seconded the motion to deny the application because the intent is to prepare a policy and that the Council could not approve the policy and act on the MS application within 30 days from its date of submission. All members voted yea. CHARLIE CHEN RESTAURANT - ON-SALE WINE LICENSE The application of the owner of the Charlie Chen Restaurant at 1989 Silver Bell Center, for on-sale wine license, came before the City Council. The Police Department had no objections to the application, and Mr. Chen was present. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with City ordinance requirements. All voted yes. ALL-AMERICAN SELF STORAGE - SPECIAL PERMIT - DIRECTIONAL SIGNS The application of All-American Self Storage and Dick Curry of Village Builders for a special permit to allow a locational sign and an arrow for the existing pylon sign for the All-American Self Storage on Highway #13, was next heard. Jim Sturm detailed the application and noted the existing 72 square foot pylon sign at the facility was approved in January of 1986. The applicant wishes to add a 25 square foot arrow to the existing sign and to add a 4 ft. by 8 ft. interior lighted ground sign facing Highway #13. It was noted that the Ordinance requires a maximun of 7 feet in height, but due to the height of the grass and side slope, an 8 1/2 foot height was requested. Dick Curry was present and stated there is no direct access to the site and that the 7 foot height restriction would not be practical in that location because of the excessive slope. There were no objections. Egan moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. The height shall be granted up to 8 1/2 feet but to be monitored by the staff as to whether the maximum height could be reduced to as low as 7 feet. 7 Council Minutes Augus:: 5, 1986 2. All other applicable ordinances shall be complied with. All voted yea. SOUTH MINNEAPOLIS CHRISTIAN CHURCH - SPECIAL PERMIT An application of South Minneapolis Christian Church for special permit to allow a temporary use of a church in an I-1 District at 3586 Kennebec Drive in the Wenzel Building in Cedar Industrial Park was brought to the Council. There was no representative of the applicant present and the application was continued until later in the meeting. WOODRIDGE APARTMENT PROJECT - HOUSING REVENUE BOND ISSUE AMENDMENT The City Administrator described to the City Council a proposal from Brutger Companies that the Woodridge Housing Revenue Bond Issue be amended to provide for a change in the type of rentals for at least 75% of the units to moderate income persons, including 20% to lower income tenants or a provision for rental of each unit in the project at a rent affordable by moderate income persons with 20% of the units rented to lower income tenants. Steve Wilson of Brutger Companies-was present and indicated the intent is to place the project more in line with the other comparable housing in Eagan. There had been a question regarding the tax qualifications and it was noted that Briggs and Morgan, who had been the original bond counsel on the pooled multiple revenue housing bonds sale, including the City of St. Paul, did not approve of the change, whereas Dorsey & Whitney has given an opinion indicating that it would not affect the tax status of the bonds. Mr. Wilson mentioned that all 200 units have been leased under the current guidelines but there is concern as_ to whether they can continue to be leased in the future. Smith moved, Wachter seconded the motion to approve the application as submitted, based upon the above information. Those in favor were Smith, Wachter, and Eagan; those against were Ellison and Blomquist. FREDERICK DeLOSH - REZONING The application of Frederick DeLosh for rezoning of 13.45 acres from R-1 (Single Family) to A (Agricultural) located at 2882 Sibley Hills Drive, west of Highview Park, next came to the Council. The Advisory Planning Commission recommended denial of the rezoning application for reasons described at its meeting. Jim Sturm described the proposal and there was discussion concerning an alternative for conditional use permit with specific conditions placed upon the permit. Mr. DeLosh was present and indicated that the zoning change from A to R-1 took place without his knowledge and further, that the area is quite sparsely populated. There would be at most 3 adult horses and a maximum of 5 horses on the site at any one time. There were concerns that the property could, if zoned Agricultural, be requested to be rezoned to some type of high residential density. 8 Council Minutes August 5, 1986 One neighboring property owner appeared but had no objections to the application. After further discussion, Smith moved, Ellison seconded the request to amend the application to provide for conditional use permit and to approve the application for conditional use permit with the following conditions: 1. All applicable ordinances shall be adhered to. 2. The conditional use permit shall run with the land and as long as there are no changes in the use, that the permit may continue. 3. In the event that there are any changes in the use, the construction of an additional residence on the property, subdivision or development in any way that the conditional use permit shall then terminate. All voted yea. Wachter moved, Egan seconded the motion to deny the application for rezoning. All voted yes. E-Z AIRPARK - CONDITIONAL USE PERMIT The application of Nolan Brothers, Inc. and Charles Nolan for conditional use permit for expansion of the existing E-Z Airport parking facility on Lexington Avenue, was brought to the Council for its review. Tom Hedges and Jim Sturm reviewed the application and noted that the applicant had proposed to reduce the application from an additional 921 parking spaces to an additional 226 to keep below the 1,000 parking space ISP threshold. Charles Nolan was present and mentioned that letters had been sent to 14 adjacent property owners with 11 who had signed in support of the application. There being no objection, Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. A detailed landscape plan showing planting species, location, and sizes with the details of the fencing and screening shall be reviewed and approved by staff. 2. Detailed lighting plan shall be reviewed and approved by City staff to protect neighboring residential owners. 3. Concrete curbs shall be on the perimeters where the parking lot will not be expanded. 4. The parcel will require an approved final plat prior to the conversion to a mini storage facility. 5. Only operable vehicles bearing current license plates shall be parked in this facility. 9 Council Minutes August 5, 1986 6. Separate conditional use would be required for the proposed pylon signs. 7. The sodding, seeding and landscaping shall be re-evaluated and a detailed plan submitted and reviewed prior to the commencement of the second phase. 8. The landscaped area along the east side of the McKee Addition shall include some berming and fencing to screen the lights of the vehicles in this parking lot. 9. An Environmental Assessment Worksheet shall be submitted and processed through the Environmental Quality Board prior to the commencement of the second phase. 10. If conditional use is approved for this expansion, a Waiver of Plat shall be required in order to split the 8 acre parcel from the existing lot which has access on to Lone Oak Circle. City ordinances shall be complied with. 11. All City ordinances shall be complied with. 12. This development shall be responsible for trunk storm sewer area assessment at the rates in effect at the time of conditional use approval if such assessments have not been previously assessed. 13. Council shall authorize a project to install downs ream trunk sewer as per the Comprehensive Storm Sewer Plan as a condition of conditional use permit. 14. This development shall provide the necessary on-site storm water detention volumes based on outflow restriction of 16 cfs. 15. Ten foot wide parking spaces shall be required. 16. The applicant shall be required to appear before the Advisory Planning Commission with plans for the utility building and/or gas tank. All voted in favor. E-Z AIRPARK STORM SEWER STUDY Wachter moved, Smith seconded the motion to order a storm sewer study for the E-Z Airpark location, according to staff recommendation. All voted yes. SAFARI SHOPPING CENTER - SITE PLAN REVIEW The developer of the proposed Safari at Eagan shopping mall on Cliff Road submitted to the City Council a request for design approval. It was noted a condition of the preliminary plat approval stated the architectural design for the entire commercial area shall be approved by the Council. 10 Council Minutes August 5, 1986 The final plat application was approved on April 7, 1981 and Jim Sturm indicated that the City Code and parking setback requirements have been complied with. A detailed landscape plan has been submitted and the grading and drainage plan will be prepared for the parking site. Byron Watschke, the developer, and Greg du'monceaux, architect, appeared and described the proposal to the Council. Two outlots would remain on the site. Wachter moved, Egan seconded the motion to approve, pursuant to the following conditions: 1. All conditions for the previous final plat shall be adhered to. 2. This project shall be subject to the City park's dedication requirements for commercial/industrial property platted prior to 1983. 3. All present ordinance requirements shall be adhered to. All voted in favor. EAGANDALE OFFICE CENTER 2nd PHASE - SITE PLAN The application of Opus Corporation for site plan approval of the Eagandale Office Center, Phase Two, located at Pilot Knob Road and Avalon Avenue:-was brought to the Council. The,APC recommended approval of the site plan as presented. Bob Worthington appeared on behalf of the applicant and it was noted that a study of the parking will take place before the next phase of the development would be approved, to determine parking. Mr. Worthington indicated that one way to determine whether the parking was adequate is whether complaints arise from neighboring property owners or tenants of the building. Five buildings are planned on the site with four 3-story and one 4-story office buildings. Staff recommended retention of the storm sewer water at the northeast corner of the site. Mr. Worthington also commented that no construction will take place until the threshold rental has been reached on Building No. 1, already completed. Wachter moved, Smith seconded the motion to approve the application, subject to standard engineering conditions, and also the conditions that were placed on the Eagandale Office Park Planned Development. All voted affirmatively. SOUTH MINNEAPOLIS CHRISTIAN CHURCH - SPECIAL PERMIT Noting that there was no representative of the applicant present, Egan moved, Wachter seconded the motion to continue the application for special permit until the next regular meeting. All voted yes. 11 Council Minutes August 5, 1986 7 MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21 Tom Colbert stated that on Tuesday, July 29, 1986, formal bids were received for the expansion and remodeling of the maintenance garage facility and various furnishings and specialized equipment. Because of the complexities of the project and fixed budget uncertainty of the bidding climate, the bid proposal was set up identifying twenty-one various alternates associated with either adding or deleting certain proposed improvements or conditions. The building committee and architectural firm have evaluated the alternates and a formal joint recommendation was submitted in the packet material. Tom Colbert detailed the bid information and noted that some extras could be included in the operational budget, including seeding, sodding and landscaping. There was discussion concerning the exposed aggregate finish as opposed to the concrete finish and after extensive discussion, Wachter moved, Egan seconded the motion to approve the following bids and the issuance cf the appropriate contracts: 1. Knutson Construction Company - base bid of $1,186,700.00. 2. The contract shall include accepted alternates numbered 2, 5, 9, 11, 12, 13, N2, E2, E3, and E4. All council members voted yes. TEMPORARY MAINTENANCE FACILITY The staff recommended that the A T & T Building located at Trunk Highways #149 and #55, consisting of the old Gresser Building, be rented at $3,636.00 per month for 12,000 square feet for an 8 1/2 month period to house the maintenance facility during the construction time. Smith moved, Egan seconded the motion to approve the recommendation for the lease of the building from Pemble-Clark Associates. All voted yes. WINDTREE 7TH ADDITION - CONTRACT #86-20 Plans have been completed for Windtree 7th Addition under Project #478 consisting of street and utility improvements and it was recommended that the plans for Project #86-20 be approved. Egan moved, Wachter seconded the motion to approve the plans for Contract #86-20 and that bids be authorized to be advertised for an opening at 10:30 a.m. on Friday, August 29, 1986 at the Municipal Center. All voted yea. WESCOTT TRUNK SANITARY SEWER - CONTRACT #84-02 - CHANGE ORDER NO. 1 It was recommended that Change Order No. 1 to Contract #84-02 consisting of Wescott trunk sanitary sewer be approved in the sum of $44,969.29, consisting of settlement of the lawsuit brought by the contractor for Contract #84-02, in addition of payment to the law firm of Hart, Bruner, O'Brien and Thornton, hired as special counsel on behalf of the City. Mr. Colbert noted that the claim originally was for $117,000.00 and recommended approval. Smith moved, Ellison seconded the motion to approve the recommendation and authorize its implementation. All voted aye. 12 Council Minutes August 5, 1986 r PARK IMPROVEMENT-PLANS - CONTRACT #86-21 Egan moved, Wachter seconded the - motion to recommend that the plans and specifications for Contract #86-21 consisting of ballfield backstops and fencing be approved and that the Clerk be authorized to advertise for bids to be opened on August 22, 1986 at the Eagan Municipal Center at 10:30 a.m. All voted yes. - PARK PLANS - CONTRACT #86-22 The plans and specifications have now been prepared for the installation of light standards and wiring for parking lot lighting for Trapp Farm, Goat Hill and Rahn Parks. Smith moved, Wachter seconded the to recommended that the plans and specifications be approved and that the City Clerk be authorized to advertise for bids in the legal newspaper to be opened at the Eag:_n Municipal Center on August 29, 1986 at 10:30 a.m. All voted in favor. TOWN CENTRE ADDITIONS - CONTRACT #85-8 The Change Order No. 3 to Contract #85-8 consisting of utilities in Town Centre 70 and 100 Additions was submitted by the Public Works Director. Egan moved, Wachter seconded the motion toy 'recdmmend that the change order be approved and authorize the Mayor and City Clerk to execute the related documents covering the total amount of $13,240.68. All voted yes. WESTBURY 3RD ADDITION --CONTRACT #85-11 - C.O. #2 The cleaning of the streets- of- construction and erosion due to debris prior to final paving and installation of conduit for electric telephone installation under Contract #85-11 was submitted. It was recommended that the Change Order in the sum of $1,840.10 be approved. Upon motion by Egan, seconded Wachter, it was resolved that the change order be approved as presented. All voted in favor. SAFARI 2ND ADDITION - CONTRACT #85-16 The staff recommended Change Order No. 2 to Contract #85-16 consisting of $1,018.90 be approved. Egan moved, Ellison seconded the motion to approve the change order as recommended. All voted yes. EAGANDALE COURT - CONTRACT #85-27 The Change Order in the sum of $9,394.00 consisting of Change Order No. 1 to Contract #85-27 was recommended to be approved. Upon motion by Smith, seconded Egan, it was resolved that the Change Order be approved as proposed. All voted in favor. 13 Council Minutes August 5, 1986 ON & OFF SALE LIQUOR LICENSE FEE INVESTIGATION POLICY The Eagan Police Department had suggested that there be a significant change in the current method of conducting investigations relative to on and off sale liquor license applications within the City. A letter from Administrative Captain Pat Geagan dated July 28, 1986 recommending changes was also reviewed. Upon motion by Ellison, seconded Egan, it was resolved that the consideration of the change was continued until the next regular meeting. All voted in favor. FAIRWAY HILLS ADDITION Roger Derrick, Dave Sellergren and others appeared on behalf of the applicant of the Fairway Hills single family plat, recently approved by the City Council. Mr. Derrick explained the history of the plat, including increases in the sizes of the lots, the park land concerns, etc. He stated that the City Park Committee had recommended that trailways be installed at the cost of the developer along Pilot Knob Road and Cliff Road and that no credit be granted to the developer toward park requirement. Park Director Ken Vraa was present and indicated that the proposal was that the developer make cash park donation for all lots in the subdivision. Mr. Derrick requested that the City Council also give consideration for approximately $30,000.00 in extra costs for trailways, and credit it toward the park requirements. It was noted, however, that there is no 10% flat requirement under state law for park dedication, typically, the developments along major thoroughfares are required to install the trailways at developers cost and the proposed trailways consist of a major transportation trail. No formal action was taken. Mr. Hedges explained a letter from Don Nelson, the owner of the Parkview Golf Club, expressing concerns about potential claims against the golf course owner in the event that stray balls do damage to the houses in Fairway Hills Addition. Mr. Hedges also indicated that objections had been received from the property owners along Carriage Hills Golf Course, indicating the injuries and damages taken place from golf balls being driven onto the private property. No action was taken. TOWERVIEW ROAD - PROJECT #469 & #476 - HIGHVIEW AVENUE The Council authorized the upgrading of Towerview Road with the approval of Lemay Lake Hills Addition, and staff recommended combining both under one contract in the Fall of 1986. Smith moved, Ellison seconded the motion to authorize the combination of Projects #469 and #476 under one contract for construction during the Fall of 1986. All voted yes. 14 Council Minutes August 5, 1986 PARK SITE ACQUISITION Ken Vraa presented to the City Council a resume of the current status of proposed site acquisition for park purposes in the City. It was suggested that an option be entered into for a six month period for Site #15 to allow the Park Committee to more intensely explore other sites. Mr. Vraa recommended that about 25 to 30 acres be proposed for purchase and there was review concerning the expected cost of the various sites around the City. The Council directed the Park Commission to review sites No. 1, 2, 11, 13, and 15, and also the District #196 high school site for potential park use. LEMBKE TRUCKING CO. VS. CITY OF EAGAN Kevin Eide, Assistant City Attorney, submitted a letter based upon settlement negotiations regarding the Lembke Trucking claim against the City. It would allow the reissuance of a conditional use permit based upon the original conditions, and certain other provisions, including the submission of a $5,000.00 financial security to the City. Smith moved, Egan seconded the motion to approve the Stipulation and authorize its implementation. All voted affirmatively. ROYAL OAK CIRCLE - MULTI-FAMILY REVENUE BOND AMENDMENT A request had been made by Asp Construction Company for an amendment to construct its multiple family rental project in two phases. The first phase would include 231 apartment units to be financed with the bonds previously approved and phase two would include 66 units to be financed with a conventional loan. The amendment reduces the number of rental units to 231 and does not alter the amount of the bond issue. Upon motion by Smith, seconded Wachter, it was resolved that the request for amendment be approved' as requested. All voted yes. JOINT RESOLUTION - MENDOTA HEIGHTS - EAGAN Administrative Assistant Hohenstein submitted a memo and Joint Resolution requiring parallel runway operations consistent with the Eagan-Mendota Heights air corridor. Mendota Heights City Council has reviewed and approved the Resolution and upon motion by Egan, seconded Blomquist, it was resolved that the Resolution be approved. All voted in favor. R 86-55 EAGAN ANIMAL POUND Tom Hedges indicated that a Petition had been submitted requesting that the Silver Emblem Pound be closed due to alleged nuisance violations. No action was taken. 15 Council Minutes August 5, 1986 +~~?ryr :YA FAWN RIDGE 2ND ADDITION - GRADING PERMIT NO. EX25-116 An application was submitted for a grading permit for Fawn Ridge 2nd Addition. Upon motion by Blomquist, seconded Smith, it was resolved that Permit No. EX25-116 be approved. All voted in favor. APPLE VALLEY JOINT POWERS AGREEMENT A request had been made by the City of Apple Valley to enter into a Joint Powers Agreement necessary to provide Apple Valley with sanitary sewer service to approximately 117 acres for single family residential, located between the Cedar Avenue Freeway and Galaxie Avenue, just south of the Safari reservoir. Tom Colbert described the proposal and upon motion by Wachter, seconded Egan, it was resolved that the Agreement be approved and the Mayor and City Clerk be authorized to execute the related documents. All voted in favor. EAGANDALE CENTER INDUSTRIAL PARK - EASEMENT VACATION A Petition was received for the vacation of an existing 10 foot easement on Lot 3, Block 1, Eagandale Center Industrial Park, involving the Compri Hotel development. Upon motion by Wachter, seconded Egan, it was resolved that the letition be received and that a hearing be scheduled on September 2, 1986 at 7:00 p.m. at the Eagan Municipal Center to consider the vacation of the easement. All voted in favor. WESCOTT ROAD - TRUCK RESTRICTION Captain Geagan of the Police Department indicated there had been difficulty enforcing the truck traffic restriction on Wescott Road as originally instructed by the City Council. Ken Aszmann has indicated considerable difficulty in enforcing this truck/traffic restriction, and the same owner has continued to object to the truck traffic. It was noted that there has been heavy truck traffic due to the road construction and development in the area, and the Council indicated that it had put up the signs restricting the traffic and will continue to retain the signs in that location. LEXINGTON - NORTHVIad PARK TRUNK STORM SEWER - PROJECT #479 Tom Colbert indicated that during the public hearing for Project #473 for the trunk area storm sewer improvements along Pilot Knob Road, there was considerable criticism of staff regarding the lack of detailed survey information. There was discussion concerning the degree of preparation to be included in the feasibility report and whether alternates should be provided at that time. The council directed the staff to continue to submit the preliminary reports in the same manner it has in the past and no formal action was taken. 16 Council Minutes August 5, 1986 ~.~,rws ROAD GRADER VEHICLE #127 Mr. Colbert stated that the City elected, at its June 17, 1986 meeting, to exercise its option on a guaranteed buy-back from the dealer, for the John Deer Road Grader resulting in a refund of $98,766.00. The estimated replacement value is approximately $125,000.00. Two alternates to the replacement of the road grader were as follows: 1. The purchase of the new road grader with buy-back funds and trade in value of the vehicle #121, consisting of a 1965 road grader. 2. Renting or leasing a new dump truck with plow and sander until the vehicle could be replaced. 3. Rent or lease a replacement road grader at the earliest opportunity. It was suggested that the purchase of a truck with appropriate snow plowing equipment be purchased in mid-1987 and more details were requested from the Public Works Department. NICOLS ROAD - PROJECT #460 A Resolution was submitted providing only on-street parking allowed parallel to the curb and any angle or perpendicular parking will not be allowed on Nicols Road under the Municipal State Aid Fund requirements. Egan moved, Wachter seconded the motion to approve the Resolution as presented. All voted affirmatively. SPERRY CORPORATION - PRIVATE UTILITY INSTALLATION A request had been submitted by Sperry Corporation for the installation of a cable in the Eagandale Center Industrial Park across public right-of-way. The Administrator was directed to place the item on the August 19, 1986 City Council agenda for consideration. PILOT KNOB ROAD PROJECT The public works director submitted detailed plans prepared by Dakota County for the improvement of Pilot Knob Road, south of Yankee Doodle Road. Mr. Colbert detailed the plans with the City Council. No action was taken. CHECKLIST Upon motion by Smith, seconded Wachter, the following checklist was approved dated August 5, 1986 in the amount of $1,126,588.82. All voted yes. 17 Council Minutes August 5, 1986 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:00 a.m. PHH Cit Jerk 18