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03/19/1986 - City Council Regular O+% MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 19, 1986 A regular meeting of the Eagan City Council was held on Tuesday, March 19, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan ana Ellison. Also present were City Administrator Hedges, Consulting Engineers Bob Rosene and Mark Hansen, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Egan moved, Smith seconded the motion to approve the Agenda. All voted in favor. - MINUTES Regular Council Meeting - March 4, 1986. Wachter moved, Egan seconded the motion to approve the minutesof March 4, 1986. All voted yea. Special Meeting of Council and Parks Commission; Council and APC; and Special City Council Meeting - March It, 1986. Egan moved, Ellison seconded the motion to approve all of the foregoing sets of minutes of the special meetings with the understanding that Carol Dozois was also present as a member of the Noise Committee at the Joint APC and Council Meeting. All councilmembers voted yes. PUBLIC WORKS DEPARTMENT 1. Beecher Drive - Project #472. Tom Colbert, the Public Works Director, stated concerns about maintenance of a portion of Beecher Drive by residents from the Eden Addition who were present. It was noted that the project had been turned down approximately in 1978 for improvements in the Clearview Addition. Mr. Colbert outlined the alternatives for improvements and after discussion, Wachter moved, Smith seconded the motion to order a feasibility report for all the applicable streets in Clearview Addition for improvement purposes. All voted in favor. 2. Storage Specialties - Seneca Road. Mr. Colbert announced that a representative of Storage Specialties had contacted him and requested that it be allowed to park 25 to 30 power units on Seneca and Kennebec until May 15 when their parking lot is expected to be completed. No action was taken on the request at that time. 1 City Council Minutes March 19, 1986 3. Greensboro Addition - Revised Preliminary Plat. Mr. Colbert stated that the developer has now requested to develop Greensboro Addition in phases with the first phase consisting of approximately 30 lots. The Public Works Department has informed the developer that any phase of the development must provide for a looping of the necessary streets and utilities to eliminate any dead-end situations and the developer has requested consideration for revised preliminary plat. It was noted there would be no increase in the number of lots or substantial revisions to the plat. Blomquist moved, Wachter seconded the motion to approve the revised preliminary plat with the understanding that there will be no substantial changes in the plat and no increases in the number of lots and compliance with all City requirements. All voted yes. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Contractors Licenses. A schedule of contractors licenses attached to the packet was submitted and recommended to be approved. 2. Personnel Items. a. Administrative Intern. It was recommended that Cheryl Johannes, currently a graduate student at St. Thomas College in the MBA/Public Administration program, be approved as Administrative Intern. b. Park Maintenance Worker. It was recommended that the Council approve the advertisement for park maintenance worker that is currently vacant. c. Road Maintenance Worker. Over 250 applications were received by the City for the vacancy and it was recommended that Wayne Beckman, a present employee of the City in the Park Maintenance division be hired to fill the vacancy in the Road Maintenance Division, upon successful completion of the City's physical requirements, and authorize the filling of Mr. Beckman's previous position. 3. Briar Hill 4th Addition - Vacation of Tot Lot Easement. A petition had been receives to vacate a portion of Lot 15, Block 1, Briar Hill 4th Addition that encroaches an existing 50 foot wide tot lot easement. It was recommended that the Petition be received and the public hearing be scheduled for April 15, 1986 at the Eagan Municipal Center at 7:00 p.m. 4. Briar Hill 4th Addition - Trail Easement Vacation. A further petition was received to vacate a trailway easement over Lots 29 through 32, Block 1, Briar Hill 4th Addition and it was recommended the petition be received and a hearing be scheduled for April 15, 1986 at 7:00 p.m. at the Eagan Municipal Center. 2 City Council Minutes I C" March 19, 1986 jr 5. Brittany 7th Addition - Easement Vacation. It was recommended the City Council receive the petition from the developer to vacate aportion of the utility easement for Lot 5, Block 2, Brittany 7th Addition and schedule the public hearing at the Eagan Municipal Center on April 15, 1986 beginning at 7:00 p.m. 6. Spring Parks Construction - Contract #86-1. The plans for the Spring Park Construction under Contract #86-1 have been completed and it was recommended that the plans and specifications be approved and that the Clerk be authorized to advertise for bias with a bid opening on April 15, 1986 at the Municipal Center at 1:00 p.m.. 7. Park Shelter Builaings - Contract #86-9. The plans for the park shelter buildings have been completed and it was recommended by the Park Committee that the Council approve the plans and authorize the advertisement for bias to be opened at the Eagan Municipal Center on April 15, 1986 at 2:00 p.m. 8. Winatree 5th 6 6th Adaitions - Final Plats. The final plat applications for final plat approval of Winatree 5th and 6th Additions by Richardson Properties has been submitted and it was recommended that the final plats be approved and that the Mayor and City Clerk be authorized to execute the related documents. R 86-8&9 9. Joseph A. Spande 1st Addition - Final Plat. The final plat application for Joseph A. Spance 1st Addition submitted by Roy Spanae, has been reviewed and it was recommended by the staff that the plat be approved and the authorized signatures be attached. R 86-10 10. Towerview Road - Streets - Project #469. A feasibility report was requested by the developer of LeMay Lake Hills Addition and it was recommended that the report be prepared and that the public hearing on the report be scheduled for April 15, 1986 at 7:00 p.m. at City Hail. 11. Greensboro Addition - Streets a Utilities - Project #470. A feasibility report has been prepared for Project #470 and it was recommended that it be received and that a public hearing be scheduled for April 15, 1986 at the City Hall at 7:00 p.m. 12. West Service Drive - Lateral Storm Sewer - Project #471. The City Engineer has recommended that the Council receive the feasibility report for Project #471 consisting of West Service Drive lateral storm sewer and schedule the public hearing at the City Hall on April 15, 1986. 13. Berkshire Ponds - Contract #84-B. The contractor under Project #84-B covering the streets and utility improvements for Berkshire Ponds has requested final payment and it was recommended that the Council accept the contract for perpetual maintenance. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved and authorize that they be implemented. All councilmembers voted affirmatively. 3 City Council Minutes 0 1-89 March 19, 1986 BURNSVILLE-EAGAN CABLE COMMISSION UPDATE Ralph Campbell, the Administrator of the Burnsville-Eagan Cable Commission, appeared and stated that a public hearing will be held on April 10, 1986 by the Minnesota Cable Commission concerning the pending sale of Group W to five other corporations. WESCOTT ROAD - STREETS a UTILITIES - PROJECT #467 Mayor Bea Blomquist convened the public hearing regarding Project #467 consisting of Wescott Road street and utility improvements. Mr. Colbert and Mark Hansen of the Bonestroo_, Rosene office, detailed the project at some length. Mr. Hansen stated that the street proposed would include a 52 foot width improved surface, comparable to the width of Wescott Road on the west side of Lexington Avenue.- He reviewed in detail the project, including cost estimates, assessments, and easements required. Mr. Kelmer Bratland appeared and had questions about the assessments, including storm sewer, and it was noted that the intention was to acquire a 50 foot half right-of-way on each side of the road. Irven Dahl, an owner on the north side of Wescott Road, was concerned about the 140 feet of Norway Pines planted along the right-of-way and Mr. Colbert stated the City will reduce the damage as much as possible. Mr. Dahl also had questions about the pond on his property and Mr. Hansen stated that a culvert will be installed to relieve flooding. Barry and Marge Tilley also appeared as owners on the north side of Wescott and had questions about hook-ups to the City's system and it was noted that it would not be necessary at the present time. They also requested that any excess fill be placed on their property and Mr. Colbert stated that the Tilleys should deal directly with the contractor. Other affected owners also were present with questions including owners in the Lexington Square Addition regarding assessments on both sides of the street for street purposes. Another owner in Lexington Square was concerned about storm drainage. Larry Frank of Meritor Development Corporation, formerly Northland Mortgage, appeared and stated that money had been paid to the City for the installation of an asphalt trail. He suggested doing minimum improvements on the balance of Wescott Road to the east, to complete the general improvements of Wescott Road. After extensive discussion, Wachter moved, Egan seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications. All councilmembers voted yes. 4 City Council Minutes .x`...0 March 19, 1986 ~ TOLLEFSON BUILDERS/CONTRACTOR LICENSE SUSPENSION City Administrator Tom Hedges introduced the agenda item relating to the proposed non-renewal of the contractor license and suspension of development and building permits for Tollefson Builders, Inc. within the City of Eagan. He reviewed the background of the matter to date and noted that the City Council continued consideration of the issues from the March 4, 1986 to the March 19 meeting. More specific detail regarding the problems were identified by staff summary. Several meetings had been held by the representatives and reports had been submitted both by the engineering and the building inspection staff. In addition, responses from Tollefson Builders had been submitted to the Council members. A draft agreement prepared by the staff and City Attorney's office regarding the grant of permits and development approvals for Tollefson Builders was reviewed in some detail by City Council members. Councilman Egan questioned the status and the understanding between the parties and City Attorney Paul Hauge reviewed the agreement for members of the council. A large group of interested parties was in the audience. Carl Tollefson appeared and stated that the issues that had been considered by the staff are not necessarily the fault of the developer but that he agreed with the solutions. He had received the agreement on Monday evening prior to the Wednesday evening meeting and had some changes he suggested and did agree to proceed with the Stipulation and would work closely to resolve the issues. Glen Nord, Mr. Tollefson's attorney, appeared and requested only minor changes in the agreement. Smith then moved, Wachter seconded the motion to approve the Resolution, a copy of which is attached to these minutes dated March 19, 1986 authorizing the approval of the issuance of the permits, the contractors license, subject to the execution of the agreement specified in the Resolution attached; that the schedule of compliance has been satisfactorily approved by the staff; and further,5 that the agreement have no substantive changes from the draft agreement submitted to the City Council on March 19. Councilman Wachter made a statement about his concerns regarding the complaints and Mayor Blomquist requested regular reports on progress in future months. All members voted in favor. Smith moved, Egan seconded the motion to provide in paragraph 5 of the Agreement with Tollefson Builders, entitled Non-Compliance Procedures, a) that notice to Tollefson would provide compliance with ten (10) days from the date of the notice and that the City Council could impose a fine in the amount of $100.00 for each day that Eagan determines that Tollefson is in violation. All councilmembers voted yes. R 86-11 NORWOOD DRIVE - TOLLEFSON PETITION A petition submitted by several property owners in the area of 1662 Norwood Drive concerning usage of the model home on Norwood Drive was submitted. Mrs. Fetti was present and objected to the use of the residence for a model home. Mrs. Fetti further indicated that the home at 1556 Sherwood 5 City Council Minutes March 19, 1986 0c31 Way is also being used as a model home and the residents in that area are submitting a Petition objecting to that usage. Egan moved, Wachter seconded the motion to enforce the removal of Tollefson Builders from 1556 Sherwood Way for use as a model home and sales office in the event that 85Z or more of the subdivision has been completed. Wachter then moved, Egan seconded the motion to amend the main motion to provide that the removal shall take place within three weeks of the date of the Council meeting. All members voted yes to the amendment and all councilmembers then voted affirmatively to the main motion as amended. BURTON & MAYONE EPPEN - SPECIAL PERMIT - NURSERY SCHOOL An application was submitted by Mr. and Mrs. Burton Eppen for a special permit to allow a 10 student nursery school in an R-1 single family district at 1658 Wooagate Lane. Mr. and Mrs. Eppen appeared and stated that all ordinance requirements will be complied with. There were objections and Ellison moved, Egan seconded the motion to approve the special permit application as presented. All voted in favor. I-35E AND DEERWOOD DRIVE FRONTAGE ROAD - STREET NAME Former Mayor Leo Murphy had requested that the I-35E frontage road north of Deerwood Drive be changed to Murphy Street and the Park Commission had selected several alternates including Murphy Street, Murphy Parkway, Long Lake Lane, Conklin Lane and Deerwood Lane. Blomquist moved, Smith seconded the motion to approve Conklin Lane based upon the historical significance of the name in the area. Councilman Wachter stated that he would have agreed with the name Murphy Parkway as suggested by the adjacent owners. All voted in favor. GUN CLUB LAKE WATERSHED MANAGEMENT COMMISSION Several persons indicated an interest in becoming members of the Gun Club Lake Watershed Management Commission including Richard Ney, Wes Lane, Councilmember Ted Wachter, Scott Merkley and Public Works Director Tom Colbert. The following three persons were elected by the Council as representatives to the Commission: Tom Colbert, Scott Merkley and Wes Lane. EAGANDALE LeMAY LAKE 2ND ADDITION - PRELIMINARY PLAT & REZONING The application of Northwestern Mutual Life Insurance Company and Opus Corporation to rezone approximately 23 acres from NB, GB and R-4 to Commercial Planned Development and preliminary plat approval of Eagandale LeMay Lake 2nd Addition, came next to the Council. Dale Runkle detailed the application and noted that the Advisory Planning Commission had recommended approval subject to numerous conditions. The Planning Commission recommendations included a planned development covering a 5 year period, that each of the commercial lots be reviewed by the Advisory Planning Commission and City Council prior to 6 City Council Minutes March 19, 1986 issuance of building permits and landscaping should be included for the Residence Inn in the overall planned development. He stated that the primary emphasis at the present would be the proposed Residence Inn and also noted that there is a question as to whether it is necessary to amend the Comprehensive Guide, noting that the existing zoning and Comp Guide Land Use provides for primarily business orientation. Bob Worthington of Opus Corporation was present and reviewed the application briefly and then introduced Rick Hollenkamp of Korsunsky, Krank Architects. Mr. Hollenkamp stated that the intention was more as a townhouse type of motel use, including occupancy of one week or longer. He noted there would be fifteen 8-plex units on site plus a gate house. A four minute slide presentation was shown and the applicant's representatives indicated the daily rate would vary from $78.00 to $95.00 per night and lower rates for longer stays. A service type orientation is provided and also home atmosphere. Mayor Blomquist _was concerned that it was necessary to go back to the Advisory Planning Commission for comprehensive plan recommendation. A Residence Inn is being planned in two other locations in the metropolitan area and one is completed in Eden Prairie. Councilman Ellison asked whether the units may be large enough for sale or use as residential units and the representative present stated that there was no plan to change the motel use. All of the Residence Inn properties will be managed by the Residence Inn franchisor. He further stated that if the hotel should fail, that it's not oriented toward rental residential units and also that no liquor license is needed, but they were concerned that zoning would allow it in the event that a request is made at a future time. Bob Worthington reviewed the overall plan including service station at the northwest corner, full service restaurant and small commercial center with fast food restaurants and a four story office building on the south. There was extended discussion concerning several alternates to a Resolution that the Council could rule upon, particularly in relation to the Comprehensive Guide revisions. Mayor Blomquist moved, Wachter seconded the motion to adopt Alternate A providing for the Advisory Planning Commission holding a hearing to consider and make a recommendation to the City Council concerning a change in the land use plan for the Residence Inn only, according to a Resolution, a copy of which is attached to these minutes; it was further recommended the staff expedite the hearing process noting, however, that a full hearing concerning the application had been held at the Advisory Planning Commission at its regular February meeting. All votes in favor. SEE PLAT FILE PARK KNOLL ADDITION - PRELIMINARY PLAT & REZONING The application of Tri-Land Properties, Inc. for rezoning of 6.6 acres from R-2 to R-1 and preliminary plat approval of 18 lots in an area known as Oakwood Heights Addition. The Advisory Planning Commission recommended approval at its regular meeting on February 25, 1986 subject to certain conditions including the satisfactory solution of the storm sewer issue and that the area between the townhouse development and single family lots be created and restored to the City's satisfaction. 7 City Council Minutes March 0, 1986 Ok. 9 ~ 3 Dale Runkle reviewed the application with the City Council and Laura Marks made a presentation as did Brad Swenson on behalf of the applicants. The architectural designs will be maintained and also there would be provision for tie-in of the landscaping and grading of the property to the west. Gloria Andrew, the Oakwood Heights Condo Association President, appeared and stated that the Association members wanted assurance that the transfer of the property will not negate the obligations of the former developer to complete the improvements. Tom Colbert discussed some of the concerns of the neighboring residential owners including whether the tot lot should be developed and noted the landscaping restoration of the site are important to the current owners. Brad Swenson stated that the new developer would complete restoration along the slope and also would conform with the Park recommendations. A representative of First Federal Savings and Loan, the title owner of the property was present and stated that the letter of credit was still in effect and that the owner will fulfill the obligations required of them. Egan moved, Wachter seconded the motion to approve the application for rezoning from R-2 to R-1 with the stipulation that the reduction in density will not be recaptured within other future developments in Lexington South PD. All voted yes. Egan then moved, Ellison seconded the motion to approve the application for preliminary plat subject to the following conditions: 1. This development shall comply with applicable general engineering conditions. 2. The Council shall approve Project #444R to provide a positive gravity outlet from Pond LP-46 prior to final plat approval or City approved temporary storage shall be provided on the site. 3. Park Knoll Drive shall not contain any "bubbles" and the intersection with Wilderness Run Road shall be offset at least 125 feet from the center line of Sudberry Lane. 4. The right-of-way shall have a 20 foot radius on Lots 2 and 3 of Block I where Park Knoll Drive turns. 5. This development shall dedicate a 40 foot half right-of-way for Wilderness Run Road and a 50 foot full right-of-way for Park Knoll Drive. 6. This development shall dedicate a 20 foot drainage and utility easement over the lot line between Lots 3 and 4 of Block 2. 7. This development shall be responsible for its trunk area storm sewer assessments at the rates in effect at the time of final platting. 8. This development shall be responsible for the costs for the internal streets and utilities and also for the trailway along Wilderness Run Road. 8 City Council Minutes .H March 19, 1986} 0V.; 94 9. The applicant shall be responsible for obtaining all necessary permits or approvals as referenced in the report. 10. A blanket variance shall be granted for a 20 foot front setback for Lots 5, 6, 7, 8, and 9. 11. All standard plat conditions shall be adhered to. 12. The debris in the northeast portion of the plat shall be cleaned up. 13. All lots shall maintain as near as possible, the required 50 foot street frontage. 14. The developer shall be responsible for the installation of an 8 foot bituminous trailway along Wilderness Run Road. All councilmembers voted affirmatively. SEE PLAT FILE BURGER KING - PYLON SIGN - CONDITIONAL USE PERMIT The application of Burger King Restaurants for conditional use permit for pylon sign for drive-through restaurant at the proposed Burger King restaurant location on Lot 1, Block 1, Town Centre 70 3rd Addition came to the Council. The Planning Commission recommended approval subject to certain conditions, for the drive-through restaurant, however, the pylon sign application was not recommended for approval. Dale Runkle stated that the future signs will not meet the ordinance requirement as far as distance is concerned and therefore the Planning Commission voted 2-2 regarding the pylon sign. Randy Shaper and Jim Nunn appeared for the applicant and stated that the access problem, being close to the corner, has now been changed at the southerly entrance as requested by staff. Mr. Colbert also mentioned that the drainage in the northwest corner may need modification in conjunction with approval by MnDOT. Smith moved, Egan seconded the motion to approve the application for conditional use permit for drive-through facility, subject to the following provisions: 1. No building shall take place until the final platting process is completed. 2. Concrete curb and gutter shall be provided in the parking area. 3. The easterly one-way driveway access from Town Centre Drive shall be located 70 feet from the west curb line of Denmark Avenue. 4. Trees along the utility easement area may be eliminated as necessary, however, small plantings shall be provided. 5. All permits from applicable agencies shall be obtained prior to final approval. All voted yes. 9 City Council Minutes ` O95 March 19, 1986 As to the sign permit application, it was noted that there would be space for only two pylon signs adjacent to the three proposed fast-food restaurants. It was noted, however, that all property is generally commercial surrounding the area. Blomquist moved to allow the variance noting the commercial area, and that it is at least 500 feet from any residential property. Martin Colon, the developer, was present and suggested that a meeting be held between the applicant and staff and further, that a master plan for signs within the entire planned development be prepared and submitted to the Council for approval. Blomquist then withdrew her motion and the Mayor then initiated a new motion to direct the staff to prepare a master sign plan for the entire planned development for submission and approval by the City Council. Smith seconded the motion and all voted in favor. Smith then moved, Ellison seconded the motion to approve the application for conditional use permit for the pylon sign in the northeast corner of the lot with the understanding that the sign be 25 feet maximum in height, that the sign would include a 13 foot setback from Denmark Drive and compliance with all other provisions of the City Sign Ordinance. All members voted yes. CEDAR CLIFF COMMERCIAL PARK ADDITION - PYLON SIGN The application from Federal Land Company for conditional use permit for sign for the Cedar Cliff Office Building on Nicols Road, north of the Cedar Cliff Shopping Center came to the Council for its consideration. Dale Runkle reviewed the application briefly and it was noted that the application had been denied by the City Council in approximately October 1985. Charles Bartholdi appeared for the applicant and stated it was critical to the tenants of the building that there be a pylon sign and also stated that the height of the sign had been revised to 20 foot maximum height. Blomquist moved, Wachter seconded the motion to approve the application, subject to compliance with the City ordinance. Councilman Smith stated that the spirit of the ordinance is not being met, that there are already two pylon signs for the shopping center and a pylon sign is not appropriate for an office building. It was noted that there are two pylon signs for the Cedar Cliff Shopping Center area that have been approved. Those in favor were Wachter, Blomquist and Egan; those against were Ellison and Smith. TOM THUMB FOOD MARKETS - GAS PUMP PERMIT AND VARIANCE The application of Tom Thumb Food Markets and Federal Land Company for conditional use permit and variance for four gas pumps with canopy to be attached to the existing Tom Thumb convenience store in the Yankee Square Shopping Center. The APC recommended denial of the application. Dale Runkle described the application and George May, attorney for Tom Thumb, appeared on behalf of the applicant. The variance requested was approximately 7 feet from the east property line, a canopy would be provided and stacking for one car on either side of the pumps was provided and no additional signage was requested. The only building modification would be a window to the pump area for the 10 City Council Minutes March 19, 1986 gasoline purchases only. A statement detailing the reasons for the conditional use permit variance request was submitted by the applicant and it was noted that the application had been denied by the City Council at an earlier time. A report from the City Engineer's office strongly recommending against the approval of the application with several reasons including the driveway width being too wide, green space variance would be required, the north access could not provide for two-car stacking distance and the 18 foot width would not provide for desirable by-pass lane. Mr. May stated that the intent was to upgrade to provide the gas pumps, but it would not be considered a gas station. He stated that the argument that access to the street is in place, is not an issue and also the objection that the entryway is too wide is not justified. He further noted that the green space set back would not be affected and three cars could be stacked with one car pumping- gas at one time. It was indicated that the application would not comply with the City's's full-service fuel station requirement, even though there are three existing sites including the Q Petroleum which was approved in error, the Super America which was approved a number of years prior to the current application and it is uncertain whether there is going to be only a convenience store gas station at the Skelly Station at Highway #149 and #55. Councilman Wachter strongly objected that there would be a safety hazard and the only exception would be the Q Station that was granted in error 10 years ago. Councilman Egan strongly emphasized the safety problem and the heavy traffic currently on Washington Drive in the general area with gas pumps and cars going in perpendicular traffic patterns with access from three directions around the major shopping center building. The strong recommendation in opposition from the Engineering staff was also cited and there would also be unloading trucks in the rear. Martin Colon, the owner of the Center appeared and suggested that pumps be installed on the north side of the Center in the parking lot. Councilman Ellison agreed that the City Code should be updated to allow for gas pumps without service bays but that this is the wrong location for gas pumps in the heavily traveled intersection. Wachter moved, Egan seconded the motion to deny the application based upon all of the reasons cited by the engineering staff, the reasons mentioned above by each of the councilmembers and all more particularly described in the Resolution attached to these minutes. All councilmembers voted affirmatively. R 86-15 11 ~ C City Council Minutes ~O1u_ 97 March 19, 1986 LAND USE REGULATIONS - PLANNED DEVELOPMENT CODE AMENDMENT The Advisory Planning Commission, at its meeting on February 25, 1986 considered an amendment to the subdivision regulations of Section 11.20 concerning annual review and extension and termination of the planned developments. The Advisory Planning Commission recommended approval and upon motion by Egan, seconded Wachter, it was resolved that the amendment be approved and was authorized to be published in the legal newspaper. All members voted yes. DALLAS DEVELOPMENT 1ST ADDITION - TEMPORARY ADVERTISING SIGN An application was submitted by Dallas Development Company for special permit to allow a temporary advertising/leasing sign along Highway #13 south of Silver Bell Road. It was noted that the plat has now been renamed Dallas Development 1st Addition but the project will be marketed as Silver Bell Plaza. Dale Runkle explained the application and Blomquist moved, Wachter seconded the motion to approve the application provided it is not within the utility easement area and further that it be reviewed within six months if it still is in existence. All councilme tubers voted yea. OFF-SALE LIQUOR LICENSE POLICY A request was made by Federal Land Company to review the City's off-sale liquor license policy to allow for one additional license to be used in the Town Centre/Eagan Shopping Center area. It was noted that at the July 16, 1985 City Council meeting, the off-sale liquor license policy was amended by defining new geographic boundaries but the number of off-sale licenses will remain at four. Mark Battis of Federal Land Company was present and gave information concerning the number of licenses in several other communities. Councilman Egan suggested that documentation be acquired to justify a change in the policy. Martin Colon was at the meeting and indicated that the intent was to achieve a total concept of the center with a potential for an off-sale license within the shopping center. Also it was mentioned that the City does have broad discretion controlling the number of licenses and that it can keep the licenses away from schools and churches. Egan moved, Wachter seconded the motion to continue the request indefinitely until the applicant through the staff, submits adequate data to support a revision to the policy. All members voted yes. M. G. ASTLEFORD - CTC BUSINESS CAMPUS DEVELOPMENT AGREEMENT A request was submitted by M. G. Astleford to review the expenses submitted by the City to Astleford relating to the CTC Business Campus Development Agreement. A statement for $12,715.61 including expenses incurred under Project #434 regarding Technology Drive and the CTC Business Campus plat had been submitted to Astleford and as of this date, Astleford has refused to make payment. 12 City Council Minutes March 0, 1986 Richard Ince, attorney for M. G. Astleford appeared and recommended that a bond be posted and that the City then issue all pending permits to Astleford with the understanding that M. G. Astleford would commence a declaratory judgment action within 30 days to determine whether his client was responsible for the expenses. It was the position of Astleford that the expenses incurred prior to the date of the execution of the development agreement and the Technology Drive Agreement would not be attributable to Astleford. Ray Williams of M. G. Astleford was present and argued that no billing had been received until the Council stayed any further action regarding issuance of permits to Astleford several weeks prior to the March 19, 1986 meeting. After extended discussion, Ellison moved, Smith seconded the motion to deny the request presented by M. G. Astleford for a deviation of policy for financial obligation based upon the fact that the CTC Business Campus Development Agreement and Technology Drive Agreement with the City were signed by M. G. Astleford as Owner and Developer, making Astleford responsible for the expenses necessarily incurred by the City relating to each of the projects. All councilmembers voted in favor. STAR CITY RECERTIFICATION The Economic Development Commission has completed its review of preparation for Star City recertification and recommended that the Council approve the list of objectives for recertification as presented. Egan moved, Wachter seconded the motion to approve the recommendation. All members voted in favor. BLACKHAWK ACRES - PRELIMINARY PLAT A request from Herbert Bergstrom, the developer of the proposed Blackhawk Acres plat adjacent to Robin Lane, west of Blackhawk Road, came to the Council for its consideration. A preliminary plat was approved on July 5, 1983 but was not processed according to ordinance and the plat technically is no longer valid. After discussion, Smith moved, Egan seconded the motion to refer the request back to the Advisory Planning Commission for formal public hearing. All members voted in favor. SEE PLAT FILE WINDTREE 5TH & 6TH ADDITIONS - CONTRACT #86-5 The bids for Contract #86-5 consisting of utilities and street improvements for the Windtree 5th and 6th Additions have been received and it was recommended that the low bid of Richard Knutson in the sum of $237,271.30 be approved. Smith moved, Wachter seconded the motion to approve the recommendation and authorize the award of the contract. All voted in favor. 13 City Council Minutes March 19, 1986 + 0w.;'99 O'NEIL'S POND STORM SEWER - CONTRACT #86-7 The Bias were also received regarding Contract #86-7 which covers the storm sewer pond installation for the O'Neil Pond with the low bid of Northdale Construction Company in the sum of $216.016.25. Staff recommended the award of the contract to the low bidder. Wachter moved, Egan seconded the motion to approve the recommendation and authorize the award of the contract to Northdale Construction Co. All councilmembers voted affirmatively. BRITTANY 9TH ADDITION - FINAL PLAT The council then discussed the application of Tollefson Builders for final plat approval for Brittany 9th Addition. Egan moved, Ellison seconded the motion to approve the application for final plat approval with the understanding that it would not be released until the execution and approval of the terms in the proposed compliance Stipulation between the City of Eagan and Tollefson Builders. All voted yes. R 86-12 SEE PLAT FILE BRITTANY 9TH ADDITION - CONTRACT #86-4 The plans and specifications for improvements in Brittany 9th Addition were submitted and it was recommended that the Council approve the plans and authorize the advertisement for bids to be opened on Thursday, May 1, 1986 at 10:30 a.m. at the Eagan Municipal Center. Ellison moved, Wachter seconded the motion to approve the recommendation and authorize the implementation. All members voted in favor. SUNSET 7TH AND 10TH ADDITIONS - STREET ASSESSMENTS Reverend Randy Barrow was present and discussed with the council the proposed street assessments in the proposed Sunset 7th and 10th Additions. Mr. Colbert stated the City policy is that in new subdivisions that lots adjoining streets where the improvements had been made at an earlier time, would pay their fair share of the cost. Rev. Barrows requested that the Council review the policy concerning the issue. Mark Parranto also was present and discussed the Lexington Place South street and utility improvements proposed to be assessed against the area currently being platted which creates 8 lots, including 3 new lots. Mr. Parranto stated that the newly created lots are located on the street where the cost was paid in full or assessed by the City at an earlier time. There was discussion concerning a revision to the policy and Smith moved, Wachter seconded the motion to authorize an amendment to the assessment policy for assessment of lots that are benefited by improvements where the street or utility improvement has already been assessed or paid and in that event, no additional charge or assessment shall be levied but in the event that the assessments or charges were for less than the total cost of the services, then the City Council would review the proposed assessments. All members voted yes. 14 City Council Minutes March 19, 1986 01 LEXINGTON PLACE SOUTH - STREET ASSESSMENTS Mark Parranto discusses with the Council the assessments against lots formerly platted but being repiatted and noted that closings are scheduled for the end of March covering several of the lots in Lexington Place South. He stated that he would agree with the City requirements regarding the replat of the lots but requested that consideration be given to allow the approval of the final plat according to all City requirements and noted that the plat was not processed timely because of the heavy staff load. Smith moved, Egan seconded the motion to approve the request for the approval of the final plat covering lots within the Lexington Place South Addition subject to compliance with all City requirements, noting that an emergency existed. All members voted in favor. R 86-13 WATER DISTRIBUTION SYSTEM ENERGY STUDY Public Works Director Colbert indicated that an evaluation of the water supply distribution system since the recent completion of the water treatment plant has taken place, and it was recommended that the comprehensive detailed energy use study be performed to maximize efficiency and cost of power savings. It was recommended that Triangle Engineering, Inc. be hired to perform a water system management energy study at the cost of $14,500.00 and upon motion by Egan, seconded Smith, it was resolved that the recommendation be approved. All voted yea. PUBLIC WORKS REGIONAL MUTUAL AID ASSOCIATION - JOINT POWERS AGREEMENT A Regional Mutual Aid Association Joint Powers Agreement covering several adjoining municipalities including Eagan for public works maintenance purposes was submitted and the staff recommended approval. Egan moved, Ellison seconded the motion to approve the Joint Powers Agreement and adopt the confirming Resolution. All voted in favor. R 86-14 JEROME UTECHT - PROJECT #428 ASSESSMENTS A letter from the attorney for Jerome Utecht, a property owner on Highway #13 regarding the assessment objections for Project #428 was submitted and reviewed. The Public Works Director recommended that the objections be forwarded to the Assessment Committee and upon motion by Egan, seconded Wachter, it was resolved that the recommendation be approved and implemented. All voted yes. 15 City Council Minutes March 19, 1986 b; Ol J1. STORAGE SPECIALTIES (CONTINUED) The request of Storage Specialties for the parking of 25 to 30 power units on Seneca and Kennebec Road until approximately May 15, 1986 again came before the Council. The Council had no objection provided it be done in the designated area on Kennebec Drive, and further that expanded parking shall provide on the Storage Specialty lot for hard surface to avoid the same problems in the Spring of 1987. Smith moved, Wachter seconded the motion to approve the request with the conditions described. All voted yea. CLERICAL GROUP CONTRACT Egan moved, Smith seconded the motion to approve the Collective Bargaining Agreement with the City clerical group as presented by the City Administrator. All members voted in favor. $10,000,000.00 HRA HOUSING BOND ISSUE City Administrator Tom Hedges stated that Eagan was selected in a state- wide lottery for HRA Housing Bonds with a portion of the residual from the 1980 bond issue requested to reduce the mortgage closing points. No specific action was taken but the consensus of the council members was that of approval. 1986 SPRING CITY CLEAN UP The staff was directed to determine two dates for the Spring Clean-up for 1986. SPECIAL COUNCIL MEETING - MARCH 25, 1986 A special council meeting will be held on March 25, 1986 at 7:00 p.m. to include discussion relating to radio communications and management by objective. 1986 SPECIAL LEGISLATURES SESSION The League of Cities has requested all cities in the State to contact Governor Perpich to request a special session to avoid losing local government aid. Egan moved, Ellison seconded the motion to direct a letter to Governor Perpich and copies to the local legislators requesting a special session to consider local government aid. All members voted yea. 16 City Council Minutes March 19, 1986 0102 ROBERT O'NEIL VS. CITY OF EAGAN ACTION City Attorney Paul Hauge reviewed with the Councilmembers discussions that he had held with the special counsel representing the City and the attorney for Mr. and Mrs. Robert O'Neil regarding the O'Neil civil action, particularly in relation to a stay in the proceedings to allow the City Council to proceed to complete its Comprehensive Guide update. Blomquist moved, Smith seconded the motion to approve the proposed settlement, incorporating a stay in the proceeding, with the understanding that an agreement will be prepared outlining in detail the conditions of the stay. All councilmembers voted yes. CHECKLIST Wachter moved, Egan seconded the motion to approve the following checklist dated March 18, 1986 in the amount of $912,608.76. All voted yes. & dated February 28, 1986-in the amount of $319,820.58. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:15 a.m. All voted yes. PHH City er 17