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06/07/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA June 7, 1988 A regular meeting of the Eagan City Council was hela on Tuesaay, June 7, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison ana Councilmembers Wachter, Egan, Gusta=son ana McCrea. Also present were City Auministrator Tom Heuges, Public Works Director Tom Colbert, City Planner Dale Runkle, Assistant City Engineer Mize Foertscn, ana City Attorney Jim Sheloon. AGENDA Wachter movea, McCrea seconaea, the motion to approve the agenua with the unaerstanaing tnat Item Q (Project 542) will be continues inaefinitely. All votea yes. MINUTES May 16, 1988 - Regular Meeting. Gustafson statea on page 13 that Item 7 shoula be aeletea. Colbert statea that this was one or the conaitions for the approval or the preliminary plat. However, there is a typographical error ana "trial" shoula be replaces with the "trail". Upon motion by Egan, seconaea by Gusta=son, it was resolvea that the minutes as preparea tor the May 16, 1988 Regular Meeting be approvea as arattea. All votes, yes. May 23, 1988 - Special Meeting. Ellison states that on page 2 in the tnira paragraph it shoula state "There is a minimum or 22 garage stalls." Upon motion by Wachter, seconaea by Egan, it was resolvea that the minutes tor the May 23, 1988 Special Meeting be approveu. All votes in ravor. May 26, 1988 - Special Meeting. Upon motion by Egan, seconaea by Gustafson, it was resolvea that the minutes as prepareu tor the May 26, 1988 Special Meeting be approvea as urattea. All votea yes. RETIREMENT OF ARROW (K-9) The City Aaministrator Tom Heages requesteu the retirement or the City's police uog, Arrow, once Otricer Bob Hawkins leaves his employment with the City curing the month of June. He statea Orricer Ken Conyers has recently completea the City or St. Paul K-9 school ana as a result, will have a cog accompanying Otticer Conyers beginning this month of June. He stateu Arrow has back problems ana is no longer capable or street auty. He statea Arrow has servea the City well. Wachter movea, Gustafson seconaea, the motion to approve the retirement auring the month or June, 1988, or Arrow, the City's K-9, trom otricial police use. LEASE AGREEMENT, SPERRY RESERVOIR RADIO COMMUNICATIONS ANTENNA Tom Coibert statea the City has been approachea my Air Signal, Inc. requesting consideration ror the installation or a rauio communication antenna networx on the Sperry Reservoir. In 1977, the City Council authorizes the use or the reservoir for lease options or raaio communications networx. A lease agreement was preparea by the City's rauio communications consultant, Dr. John Dubois, as well as a uetailea engineering analysis or the proposal proviuing technical requirements or the installation to ensure against any possible interrerence with the City's raaio communications networx. He stateu the lease proviues ror a ten-year term, renewable with rive-year options at an annual rental tee or $4,320.00. The City has previously authorizes the installation or a private rauio communication antenna networx for the Unisys Corporation at the same racility. The start ana the City Attorney have revieweu this concept ana tiny it acceptable. Mayor Ellison asxea how the lease terms were tigureu. Mr. Colbert stateu the terms are similar to other cities in the area, nor example, Burnsville. Egan suggestea a rive-year lease with a live-year option. Gustavson anu McCrea moth questioneu the amount or the annual rental tee after the tirst year. Colbert stateu this is the virst time the City has enterea into this type of agreement ana states the Council coula review the lease again next year regarding the amount or the rental tee. Mayor Ellison statea the Council was in agreement that the term or the lease shoula be for five years ana renewable on a rive-year option. McCrea asxea the start to uo rurther research regaraing the annual rental tee. McCrea movea, Wachter seconaea, the motion to approve a lease agreement zor the installation or a raaio communications antenna network on the Sperry Reservoir for Air Signal, Inc. with the conaition start oo further researcn regaraing the annual rental tee anu the terms or the agreement. This matter is to return to the Council under the consent agenda. All votes in favor. SPRINKLING BAN Tom Colbert statea aue to the aelays in completing well number 8, the inability to accelerate the completion or well number 10, the major reconstruction or the Pilot Knob Roaa ana relatea trunK utility lines, along with the unusual hot ana dry spring recently encounterea, the City's ability to maintain an adequate reserve supply or water in its reservoirs resulting trom an excessive aemana for irrigation, requireu the implementation or an emergency total man limiting outside water usage tnrough Sunday, June 12, 1988. News -2- 06/07/88 releases were proviaeu ana relatea publications anu announcements were proviaeu uy the major raaio/tv ana newspaper meuium. In auaitiori, inuiviauai flyers were aistributea tnroUq!10Lt the community on June 1 with. an irirormational supplement being proviaeu to all property owners on June 5. With the implementation or this water restriction requirement, the water storage uuicKly starbilizea ensuring the ability to proviue a continuous anu auequate supply of water throughout the community curing the wrought periou. Mayor Ellison asxea now long Twin View Manor was without water. Mr. Coibert statea he wouia estimate three hours, between 8:00 p.ru. ana mianigrt. Egan movea, McCrea seconaea, the motion to ratify the implementation or a water conservation/restriction on outsiae water usage to a total an through June 12, 1988, ana an oaa/even system tnrougn July 6, 1988. All votea in ravor. FIRE CHIEF SOUTHORN Tom Heages stateu the Eagan City Fire Chief Soutnorn recently was in an acciaent aria is now home recuperating. Tne Mayor, Councilnien&Lers ana start all wishea him a speeay recovery. CABLE COMMISSION Mr. Rearuon, Cable representative, upuatea the Council regaraing the local programming aispute. He statea the matter has been rererrea to the local programming committee ana that the City Council will Le receiving upaates. CONSENT AGENDA The following consent agenaa items were suumittea ana recornmeriaea to be approvea: A. Personnel Items. 1. Resignation/Part-time ClerK-typist/Community Development Department. It was recommencea to accept the resignation or Aaeline M. Foley ana to authorize aavertisement to till this vacancy. 2. Seasonal Summer Recreational Program Employees. It was recommenaea to approve the hiring or the roliowing listea summer seasonal recreational program employees. -3- 06/07/88 ' 7Z Returning Starr New Start Denise Anuerson gnu Year Nick Ayotte Kristi Belew 10th Year Bonnie Blooa Jennirer Blanchard 2na Year Kathy Gustafson Janelle Bonner 5th Year Angela Jenkins Lisa Carlisano 3ra Year Amy Johnson Shelly Carroll 3ra Year Stephanie Link Kathy Chase 5th Year Patsy Neary Paula Eaves 3ra Year Angela Ogren Liz Eul 4th Year Snannon O'Hearn Justine Epple 2no Year Jill Osiecki Kathleen Fletcher 10th Year Jason Forue 2na Year Racneile JiriK 5th Year Lisa Lunaquist 5th Year Michelle Meyer 2na Year Christine Polta 2na Year Christine Schultz 3ra Year Deborah Spouen 2na Year Kristin Weekiuna Stn Year 3. Permanent Utility Maintenance Workers. It was recommenaea to approve the hiring or Marc Ruhn ana Richara Robohm as permanent utility maintenance workers for the City or Eagan, suL ect to successrul completion or the City's physical examination requirement. 4. Seasonal Utility Maintenance Workers. It was recommenaeu, atter interviews, that Eric Reynolds ana Anarew Dornseir we hireu as seasonal utility maintenance workers. 5. Seasonal Summer Forestry Aiae. It was recommenaeu, atter interviews, that Shannon Nelson be tiirea as a seasonal summer torestry aide. 6. Contract nor Parks Builuing Janitorial Services/Dakota, Inc. It was recommenaeu to approve the contract nor Danitorial services nor parK buildings between the City or Eagan ana Dakota, Inc. 7. Innormational: Accounting Intern ana Seasonal Draftsperson. In official action at the last City Council meeting, the City Auministrator was authorizea to approve the hiring or an accounting intern ana a seasonal arartsperson. Mr. Beages stated the persons so approvea were Kimberly Vitale as the accounting intern ana Matt Peick as the seasonal arartsperson. He turtner statea no action is requirea wy the Council on this particular item. B. Plumber's License. It was recommenaea that the toilowing plumber's licenses be approved: AAA Abbott Plumbing & Heating, Aaron's Plumbing, Anureasen -4- 06/07/88 Plumbing & Heating, B & D Plumbing & Heating, Pouany Plumbing, ana Tom Tix Plumbing & Heating. C. License, Charitable Gambling zor July 2na through the 4th, 1988, Eagan Hockey Association. It was recommenaea to approve a charitable gambling license ror the Eagan Hockey Association to allow pulltabs on July 2na, 3ra ana 4th, 1988. D. Paraae Permit tor Eagan Lions Fourth or July Celebration. It was reconuaenuea to approve the paraae permit application on uenalr or the Eagan Lions Cluu tot the Fourth or July Association Celebration. E. Temporary License ror Non-Intoxicating Malt Liquor tor Eagan Lions Fourth or July Celebration. It was recommenaea to approve an application suumittea by the Eagan Lions Club ror the Fourth or July Celebration ror a non-intoxicating malt liquor license to be usea at Ron ParK rrom June 30th through July 4th. F. Vacate Utility Easement, Receive Petition/Oraer Public Hearing (BlacKhawK Ponas Aaaition). It was recommenaea to receive the petition to vacate a utility easement (BlackhawK Ponas Aaaition) ana scheaule a public hearing to be vela on July 7, 1988. G. Agreement, Revocation/TurnbacK or County Roaa 63 (Dona Roaa). It was recommenaea to approve the agreement proviaing tor the revocation ana turnbaci or County Roaa 63 (Doaa Roaa) ana authorize the Mayor ana City Clerk to execute all relatea aocuments. H. 1989 Buaget/BlacK Dog Lake Watershea Management Organization. It was recommenaea to approve the proposeu 1989 buaget tot the Black Dog Lake watersheu management organization. I. Project 445, Cancellation or Project (Oakwooo Aaaition - Streets ana Utilities). Counciimember Egan asKeu why the project was being canceileu. Tom Colbert statea the project was 2 1/2 years overaue ano the matter will be taken orr or the assessment roll. -5- 06/07/88 It was recornmenaea to cancel Project 445 (Oakwooa Aaaition Streets & Utilities) ana remove all penaing assessments or recoru, suuject to cull reimbursement or all costs incurrea t,y City ror ttiis project. J. Final Plat Approval, Eagan Hign School Auaition. It was recornmenaea to approve the tinai plat for the Eagan Hign School Auaition ana authorize the Mayor ana City Cleric to execute all relatea uocun?ents. R-88.31 K. Final Plat Approval, Harvey's Heritage Auaition. It was recommenaea to approve the final plat for Harvey's Heritage Aauition aria authorize the Mayor ana City Clerk to execute all relatea aocuments. R-88.32 L. Final Plat Approval/Town Centre 70 - 9th Aaaition. It was recommenaea to approve the final plat tor Town Centre 70 - 9th Aaaition ana authorize the Mayor ana City Clerk to execute all relatea aocuments. R-88.33 M. Final Plat Approval, Fairway Hills 2na Aaaition. It was recommenaea to approve the tinal plat zor the Fairway Hills 2na Aaaition ana authorize the Mayor ana City Clerk to execute all relatea aocuments. R-88.34 N. Final Plat Approval, Eaganaale Center Inaustrial Park 10tn Aaaition. It was recommenaea to approve the renal plat tor the Eaganaale Center Inaustrial Park 10tH Aaaition ana autnorize the Mayor ana City Cleric to execute all relatea aocuments. R-88.35 0. Final Plat/Lexington Pointe Secona Aaaition. It was recommenaea to approve the rinal plat for the Lexington Pointe 2na Aaaition ana authorize the Mayor ana City Clerk to execute all relatea aocuments. R-88.36 P. Final Plat/Ceaar Clirt Commercial Park 4tH Aaaition. It was recommenaea to approve the final plat for the Ceaar Clirt Commercial Park 4th Aaaition ana authorize the Mayor ana City Clerk to execute all relatea aocuments. R-88.37 Q. Project 542, Receive Petition/Oraer Feasibility Report (Aluen Ponas - Streets & Utilities). This matter was continueu inaerinitely. -6- 06/07/88 a F R. Project 543/Petition/Feasibility Report/Extension or Sisley Hills Drive/Prettyman Heights. It was recommencea to receive the petition tor Project 543 (extension or Sisley Hills Drive - Prettyman Heights) ana authorize the preparation or a reasibility report. S. Fourth or July Celebration Donation. Councilmember Wachter asxea it the City tiaa seen approacnea tor a aonation ror the Fourtn or July Celebration. Mr. Heaves statea no letter has seen receiveu, however, the Fourth of July oonation is in the uuaget. Wachter movea, Egan seconaea, the motion to aaa the aonation or 51,000.00 tor the Fourtn or July Celebration to the consent agenaa. All votea in ravor. Councilmemoer Wachter movea, Councilmember Egan seconaeu, the motion to approve the roregoing consent agenaa item ana authorizes their implementation. All voteu yes. Don O'Hearm at this point mentionea Project 543. Mayor Ellison stateu the project naa alreaay been actea upon by the Council. Mr. Colbert stateu that the matter was on the agenaa to receive the petition aria ao the stuuy now ana a public nearing will be set at a later gate. Mr. Heages asxea Mr. 0`Hearm to leave his name ana auaress ana he will receive the necessary inrormation regaraing the public hearing. PROJECT 515, DODD ROAD OVERLAY Mayor Ellison openea the tirst public nearing or the evening regaraing the Doaa Roau Overlay, Project 515. Tom Colbert stateu that on April 19, 1988 the Council receivea a reasibility report ana scheaulea a public nearing to be Lela on May 17, 1988 which was subsequently continuea until June 7, 1988 to consiaer various options tor proviainy a more permanent surtacing to Doaa Roaa rrom C11rr Roau to Farm Roaa. Mr. Foertsch aiscussea the petition ana upoateu the Council regaraing the alternatives tor the project. He statea 100% or the cost or the improvements will be assesses to the benerltteu property owners. Jerry Nieszaros, 4235 Doau Roao, asxea it the City will be paying tor any or these improvements. Tom Colbert statea all costs or the improvements will be assessea 100% to the benerltteu property owners. He turtner stateu that the City is currently spenoiny $6,500.00 a year tor oust control. Mr. Meszaros statea there nas been poor oust control in the past. He asiea it the proposea roaaway will be big enough ror the Heavy trucK tratric the roaa receives. Mr. Foertsch statea there is no weight restriction on the roaa at this time. -7- 06/07/88 .r r' . VCIi Coibert statea that at the present time the City will only we aoiny the overlay for gust control ana that at the present time the roan shows no neavy breaxaye rrom the trucK tra=tic. He statea a new reasibility report wouln neea to be preparea for the restructuring or the roan to a city street aria a new public hearing woula nave to be helm. Mr. Meszaros askea it the sewer aria water improvements woula me aone at this time. Mr. Foertscn statea there is no consiaeration rot sewer ana water improvements at this time. He reels the overlay project will we aone some time in August. Ricriara Buchan, 4695 Doaa Roaa, reviewea his stuay which he previously suomittea to the Council. He statea he is in agreement with the overlay project, however, he wants a gooa roaa with no breakup installea. He statea the roaa was usea not only my the neighboring property owners but also my many trucxs, muses ana through trarric trom the Rosemount resiaence. he statea the main problem is not the aust but the roan breakup. He statea Doua Roau is a uisgrace to Eagan. Mr. Colbert statea he was impressea with Mr. Buchan's report aria statea City streets are generally not installeu betore the public utilities because new roans woulu then nave to be installeu, causing rurtner assessments to the property owners. He agrees with the problem ana statea it is easier to maintain a city street. However, the present City policy is to assess 100% or the improvements to the aujacent property owners. Mayor Ellison askew Mr. Colbert what the estimatea cost for the alternatives woula me. Mr. Colbert statea the estimatea cost for a city street woula me approximately $34.00 a rront toot, not incluaing the storm sewer. The estimatea cost for the overlay woula we 55.U0 a rront toot ana the cost for the aoubie seal woula be $2.50 a tront toot. Mr. Colbert statea the City has completeu overlay projects in the past ana they have workea well for the washboara problems. Mr. Egan stateu he unaerstanas the property owners' frustrations. However, the use or the property may change in the near suture uue to Eagan's current aevelopment. Roger Weierke, Weierke Trenching, statea he aoes a lot or truck ariviny on Doaa Rbaa ana reels his equipment woula mreakup the roaa for the first 150 reet within two months. He telt he will be assessea most heavily because or the location or his property. He is in ravor or a goon street ana not in ravor or the overlay project. Mr. Wachter statea he reels the utilities ana the city street will be coming in the near ruture. He reels the projects are aue to happen to the Doaa Roaa area soon. -8- 06/07/88 Mr. Colbert statea he reels the City snoula go with the oouble seal coat at this time because it is the least expensive alternative. He also suggests limiting the speeu on Doan Roaa ana placing a weight limitation restriction past the Weierke property. Doug Johnson, 4775 Dona Roaa, statea the trarric speeu on the roau neeos to be controlled. Jim Thompson, 4875 Dooo Roaa, statea he organizea the petition. He noes not want sewer ana water improvements at this time. However, ne woulc line a city street installea at this time. he rurther statec he spoke with Don Clark, who lives on Farm Roaa, ana Mr. Clark woulu like Farm Roac also biacktoppea. Mr. Foertsch statea there is the possibility or aacing Farm Roaa to the project. Mr. Thompson askew it the cost or the gracing ana or the oust control coula be usea to ortset a part or the cost or the assessments. Mr. Wachter statea this not current City policy. Mr. Thompson askea it there will be aprons to the owners' uriveways. Mr. Foertscn statea that aprons would be installea to the owners' property. Mayor Ellison statea that currently it is costing the City 46,500.00 a year tor the calcium chloride to control the oust problem. This expense is snarea by all Eagan taxpayers. The Council has, in the past, consiaerea assessing the cost or this at control to the property owners who live on gravel roaus. However, at the current time, this is not the City's policy. Kris Blissenbach, 4795 Doaa Roaa, statea she is concerneu regaraing the trarric speeders on Doaa Roaa. She also questioneu wno pays tor the maintenance it the overlay project breaks up. Mr. Colbert stateu the City will pay ror any maintenance on the roaoway anu it will not be assessea to the property owners. Stuart Weierke, 4675 Doua Roaa, askea it arainage gracing was incluoeu in the quotea price. Mr. Foertscn statea arainage gracing was not incluaea in the quote as the matter was not being aauressea at this time. Mr. Weierke statea there are urainage problems ana the roau neeas to be graueu more trequently. Mr. Colbert stateo when the roans are graaea too trequently, it increases the possibility for speeuing ana it removes the calcium chloriae which controls the oust. McCrea statea it appears the resiaents want a city street. She likes the iaea or weight restrictions. She askew it the seal coating woulc increase the lite expectancy or the roaaway. Mr. Colbert statea it noes not increase the lite or the roaoway. It only minimizes the washooara conaitions. McCrea suggestea increasing the overlay wiatn by the WeierKe property ana assessing it to Mr. Weierke. Mr. WeierKe statea he woula not assume the aoaitional cost. -9- 06/07/88 Mr. Egan stateu he reels a rair compromise is the overlay project. He rurtner statea that changes will ue happening soon in the area with aevelopment. Egan movea, McCrea seconaea, the motion to close the public nearing aria approve Project 515 (Dona Roaa Overlay) with the rollowing conaitions: 1. Weignt restrictions to ue ixuposea on Doaa Roau aater tie rirst 150 reet. 2. To increase the overlay ueptri on the rirst 150 reet or Doau Roau ana assess this increaseu overlay to all abutting property owners. Ellison, Egan aria McCrea votes in ravor; Wachter aria Gustavson were opposea. Mr. Gustavson statea he reels the issues are weight control ana aunt control. He reels he rieeas more lnrornlatlon to mate a aecision. PROJECT 480 - FINAL ASSESSMENTS EAGANDALE CENTER INDUSTRIAL PARK - OVERLAY Mayor Ellison openea the next public nearing tor the evening. Mr. Heages statea the matter was routine ana there is no auuience input. Wachter moves, McCrea seconaeu, to close the public hearing ana approve the rinal assessment roll ror Project 480 (Eaganaale Center Inaustrial ParK - Overlay) ana authorize the certirication to the County Auaitor. All votes yes. PROJECT 501 - FINAL ASSESSMENTS (EAGANDALE CENTER INDUSTRIAL PARK 8th ADDITION/WATER MAIN) Mayor Ellison openea the next public nearing tor the evening. Egan movea, Wachter seconaea, the motion to close the public nearing ana approve the renal assessment roll rot Project 501 (Eaganuale Center Inaustrial Part 8th Aauition - Water Main) anu authorize the certirication to tie County Auaitor. All votea in tavor. PROJECT 474 - FINAL ASSESSMENTS (EAGANDALE/LEMAY LAKE 2na ADDITION - SUPPLEMENTAL ASSESSMENTS) Mayor Ellison then openea the next public hearing tor the evening. Mr. Heages statea all notices has been publishes in the legal newspaper ana sent to all arrectea property owners ir,rorming them or this continueu tinai assessment public hearing. As or this uate, the start has not receives a response from the owners or Lot One (1), Block One (1) (Resiaence Inn) as it pertains to this proposea supplemental assessment. -10- 06/07/88 McCrea movea, Egan seconaeo, the motion to close the public hearing ana approve the supplemental final assessment roll ror Project 474 (Eaganaale/Lemay Lake 2na Aaaition - Supplemental Assessments) ana autnorizea the certification to the County Auaitor. All votes yes. PROJECT 532/FIELD STONE TRAIL/BRIDLE RIDGE 2na ADDITION Mayor Ellison openea the puulic nearing regaraing Project 532. Mr. Colbert upaatea the Council on the project. Marc Hanson, consulting engineer, statea the project meets all necessary requirements. He statea the cost or $477.00 per lot will be assessea to the abutting property owners. McCrea movea, Egan seconaea, the motion to close the public nearing ana approve Project 532 (Fiela Stone Trail - Bridle Riage 2na Aaaition State Aia Roaa) aria authorizes the preparation or aetailea plans ana specirications. All votes arrirmatively. PROJECT 535 CARLSON LAKE LIFT STATION UPGRADE Mayor Ellison openea the public nearing regarding Project 535, Carlson Lake Lirt Station upgraae. Mr. Colbert statea there are no assessments associatea with this trunk facility improvement to the adjacent property owners. Marc Hanson statea the improvement to the lint station was necessary to upgraae the electric service to the lint station ana for the addition or a 10" PVC force main. He statea the total cost or the project will be $85,585.00. All Councilmemoers agrees the City must be preparea ror suture storms. The City must be preparea to hanale storms such as the July 23, 1987 "super storm". Egan movea, Gustafson seconaea, the motion to close the public hearing ana approve Project 535 (Carlson Lake Storm Sewer Lirt Station Upgraae) ana authorizea the preparation or aetailea plans ana specifications. Wachter, Gustafson, Egan ana McCrea votea yes. Mayor Ellison abstainea from voting because he is a property owner in the area. PROJECT 539/EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION Mayor Ellison openea the public nearing regaraing Project 539. Mr. Colbert statea a petition has been submitted by the developers or this proposea subaivision ana the Council has receivea the requested reasibility report on May 3, 1988 ana scneaulea the rormai public nearing to be held on June 7, 1988. He statea all notices nave been published in the legal newspaper ana sent to ail potentially attectea property owners intorming then or the public nearing. He statea Mark Anaerson, OPUS, has to leave the meeting. However, ne statea ror the record that Mr. Anaerson is in support or the project. -11- 06/07/88 n r T Marc Hanson reviewea the bacKgrouna anu inzormea the Council or the aetails or the improvements. Milarea SchinaelaecKer, 2875 South Lexington, statea she naa been previously assessea rot other improvements. She questionea the cost or the current assessment. Mr. Hanson statea the cost will be approximately 13,000.00 to her property. Ms. Scninaelaecker askew the cost or her motner's estate property. Mr. Hanson statea it woula be approximately 015,000.00. Mr. Colbert statea the tirst payment ror the assessment woula be May, 1990. The payments will extena tor ten years. An estimate of the interest woula be between 9% ana 10%. Wachter movea, Egan seconaea, the motion to close the public nearing ana approve Project 539 (Eaganaale Center Inaustrial Park 10th Aaaition - Utilities) ana auttiorizea the preparation or aetailea plans ana specitications. All votea in ravor. PRELIMINARY PLAT EXTENSION/BUR OAK ADDITION The City Aaministrator statea a letter naa been receivea trout Harstaa Companies requesting an extension or the Bur Oak Aaaition for the 2na Aaaition. Their reason ror pursuing the extension was to negotiate with the City the possibility or selling Tana on the west sine or the plat rot a community athletic racility. This item was aiscusseu at the joint APRC ana City Council meeting on May 26, 1988. It rurther review aetermines the site is not aesirable as a community athletic riela, the Harstaa Companies will pursue their rinal platting ana aevelop the lots in accordance with their approvea preliminary plat. Mr. Heages statea it the preliminary plat extension is approvea, start recommenas treat the aeveloper be requestea to notiry each ana every buyer that the lots are locatea in Noise Zone 4. John Johnson, consulting engineer ror Harstaa, statea the aeveloper is aware or the noise conaition ana accepts the proposal by stall. Egan movea, Gustarson seconaea, the motion to approve the preliminary plat extension for 1 year trom June 7, 1988 tor Bur Oak 2na Aaaition with the conaition the aeveloper notify each ana every buyer that the lots are locatea in Noise Zone 4. All votea artirmatively. ORDINANCE AMENDMENT/PICKETING IN RESIDENTIAL NEIGHBORHOODS City Aaministrator Heages statea the police aepartment has requestea the preparation ana consiaeration or an orainance that woula ban or regulate by permit, picketing or private resiaences. The City's prosecuting attorney, Kevin Eiae, has preparea an orainance that restricts picketing or private resiaences with the exception or picketing where the site or the picKeting is a resiaential nome, or a public or private improvement that is -12- currently under construction in a residential area, or where a business is lawfully being conauctea in a residential area and for which no other torum exists tor the expression of tree speech. He statea the police aepartment has requested the ordinance to protect the weltare and integrity or residential neighbornooas. A total restriction is most regulatory causing a total prohibition or picketing in residential neighborhoods providing maximum enforcement for the police aepartment. A permit process would require orricia.i notification to the Eagan Police Department, a notification process that is important to an orderly demonstration. Captain- Geagan upaatea the Council with past problems regaraing picketing. He stateu he is concernea for the neighbors or the people who are potential targets or picketing. Attorney Eiae reviewea with the Council his letter to the City Administrator aatea April 29, 1988 concerning the picketing ordinance. He statea that no known cases have been touna wnere an ordinance banning picketing has survived constitutional challenge. However, there is clear indication in these cases that an ordinance, properly constructed, could survive constitutional challenge. Mr. Egan statea he felt paragraph 3(a) or the proposed ordinance should be aeletea. Be also questioned paragraph 3(b). Mr. Eiae agreed to the deletion or paragraph 3(u). Mr. Eiae statea because or the size or the Eagan police torce, he felt paragraph 3(b) was necessary in the ordinance. Mr. Egan asked Captain. Geagan it other community police otticers could be asked tor assistance under the joint powers agreement. Mr. Geagan stateu there is the possibility provided there is advance notice or the picketing. He stateu the police aepartment is very busy and short or help. Don Mueting, 1206 Carlson Lake Lane, stated he has been a resident or the City or Eagan ror nine years. Be is concernea about the picketing ordinance and states the City Council should reject the proposal. He reels it is an impingement on constitutional rights regarding Tree speech. He reels the City will have problems aetenaing the constitutionality or the ordinance. He statea the ordinance is vague ana questioned what is ;'demonstration" and what would the cost to the City be in uetenuing a lawsuit. Mayor Ellison asked Attorney Eiae what is the definition or "aemonstration." ana may a resident ,"picket," on their own property. Mr. Eiue statea he will research further the terminology in the ordinance regarding the wore "demonstration". He statea he goes agree that "picketing" on one's own property would be incluaed in the permit process. McCrea statea she cannot support the total ban proposal. She reels the ordinance must be structured as a permit process. She -13- 06/07/88 reels rreeaom or speech is important, however, she is concerneu rot the sarety ana welrare or the public. Mr. Wachter stateu the matter shoula not be returnea to the Planning Commission. He is in favor or the orainance with a permit process. The permit will be a notice to the public ana the police aepartment ror public sarety. Gustavson statea he reels the Council snoula not impinge on tree speech. However, ne reels reasonable regulations are neeaea ror all public satety ana tranquility. He supports the orainance 90%. Mayor Ellison statea he reels he has become the chief aerenaer or the orainance. He statea as a tormer newspaperman, he reliea heavily on tree speech. He stateu the proposal ror the orainance was brought by the police aepartment as a precautionary step ana tnat toe orainance was neeaea nor the protection or neighbors. He statea he reels there shoula be reasonable perimeters within the permits. Councilrnernber Egan statea he reels the Council may be buying trouble by even enaorsing the orainance with a permit. He is concernea regaraing the cost or litigation. He states he reels there is no clear ana burning issue to protect. He stateu the orainance is too vague. John Klein askea shoula the permit process is grantea and a trageay or aestruction or property occurs, woula the City be liable. Attorney Eiae statea he feels there is not liability on the City's part as the picketers must abide by all state ana local laws. Wachter movea, Gustarson seconuea, the motion to approve an orainance amendment regarding picketing or private resiaences with the rollowing conaitions: 1. Deletion or paragraph 3(a) or the proposea orainance which states "the City Aaministrator aetermines that proposea activity is not constitutionally protectea tree speech". 2. The aeletion in SUBD. 3. Permit. or the reverence to the City Aaministrator reviewing the permits. 3. The aeletion in 4(t) or the woras "or illicit urugs". 4. The revision in 4(n) trom 300 meet to 350 teet. 5. The revision in 4(h) stating One City snail notiry the Chien or Police ana each lanaowner/tenant McCrea statea she reels more clarirication or the orainance is necessary. Egan statea there seems to be little public interest in -14- 06/07/88 the oruinance ana the matter snoula me aroppea or the City will oe embarrassea. Wachter, Gustarson, ana Ellison votea in ravor; McCrea ana Egan were opposea. ORDINANCE AMENDMENT/SUSPENSION/REVOCATION OF LICENSE TO SELL ALCOHOL Mr. Heages statea police management, the prosecuting attorney, ana riimselt are proposing that an orainance amenament we consiaereu that woula proviae a more clear ana rair proceaure relating to the suspension or revocation or a license to sell alcoholic beverages. Recently, the City experiencea some violation regaraing the sale or alcoholic beverages cy various on-sale liquor establisnments. Arter review or the current orainance, it is clear that the language goes not clearly give airection as to how the City snoula proceeu relatea to a suspension or revocation. He statea he suggests the tollowing changes to the proposea orainance; 1) In Section F. (Violation) the aeletion or "or any other employee or agent or the City or Eagan". 2) In Section G. (Hearing) the revision or the wore "snail" in the rirst line to the wora "may" ana the autition or the wora "inaepenaent" werore "hearing examiner". Mr. Eiae statea he reels an aaaitional change snoula we maue to the proposea oruinance. he suggestea the change in Section H. (Penalty) to reau "Section 5.02, Suou. (4)(r)." He statea the proposea amenament woulu give the Council more latituae in aauressing violations. Wachter movea, Egan seconaea, the motion to approve the amenament to Chapter 5, Section 5.02 (F) or the Eagan City Coue relating to the suspension or revocation or a license to sell alcoholic Leverages, with the rollowing conaitions: 1) In Section F. (Violation) the aeletion or "or any other employee or agent or the City or Eagan". 2) In Section G. (Hearing) the revision or the wora ."shall" in the rirst line to the wora "may" ana the aaaition or the wora "inaepenaent" betore "hearing examiner". 3) In Section H. (Penalty) The revision to reaa "Section 5.02, Suba. (4) (t) All votea in ravor. ORDINANCE AMENDMENT/DEVELOPMENT STANDARDS FOR SUBDIVISION REGULATIONS The City Aaministrator upaatea the Council on the backgrouna or the proposea stanaarus. He statea the main items to me consiaerea are: 1) exterior finish; 2) unaergrouna parking; 3) association -15- 06/07/88 bylaws; 4) maintenance codes; 5) maximum number of units - bulk and size requirements; 6) landscape regulations; 7) parking lot standards; 8) length of cul-de-sacs; 9) and other requirements such as attached garages, pre-forestation. Mr. Hedges stated that at the recent workshop on May 23, 1988, the City Council directed that an amendment to the subdivision ordinance be prepared by the City Attorney and reviewed by the Developers' Task Force. The Developers' Task Force met on June 2, 1988 to review the proposed regulations. He stated after further consideration is given to the proposed ordinance, the matter should be sent to the Advisory Planning Commission for their review and consideration at their June 28, 1988 meeting. John Voss updated the Council on the Developers' Task Force meeting. He stated it was a very helpful meeting and that the developers agreed with many of the suggested terms. He stated their talk at the present time is general and not on specific matters. Mr. Wachter stated he feels the development standards are absolutely necessary. Wachter moved, McCrea seconded, the motion to direct a public hearing before the Advisory Planning Commission at their June 28, 1988 meeting to consider an ordinance amendment that considers new development standards. All voted affirmatively. PRELIMINARY PLAT/CRYSTAL PONDS City Administrator Hedges stated a public hearing was held by the Advisory Planning Commission at a regular meeting held on March 24., 1988 to consider the preliminary plat application for the Crystal Ponds Addition consisting of 137: rental apartment units on 13.47' acres located along the south side of Highway 55: just north of the Bur Oak Park area. The APC recommended denial of the application. At the April 19., 1988, City Council meeting, this item was sent back to the APC due to the developer's request to revise the project by adding an additional road connection point to eliminate the request for a variance, reduction of dwelling units and additional screening and landscaping along the property lines of adjacent property owners. The APC again considered the proposal with the revisions at their April 26', 1988, meeting. The motion to approve this plat with additional conditions was deadlocked three to three. The City Council considered the APC's most recent recommendation at their May 3, 1988 meeting and a motion was introduced to continue the application in order to allow the staff to review the cul-de-sac option, to request a response from MnDOT regarding the access alternatives and safety issues and that the Council reconsider the application at its June 7', 1988 meeting. -16- 06/07/88 Dale Runkle statea the planning aepartment has met with representatives or MnDOT to review the proposea cul-ae-sac option ana stair is in agreement that the cul-ae-sac shoula be incluaea as a part or the project's approval. Gary Ganarua, representative ror ASP Construction, statea the aeveloper is aware or the proposea changes in the subaivision orainance ana will mane every errort to incluae the new regulations in his project. He statea the multiple tamily zoning is alreaay in existence ror this property. He statea the rerorestation or the aevelopment is in excess or the new proposea orainance requirements. Dwight Larson, 3225 Ranaom Roaa, askea who will pay ror the roaaway's construction ana statea the whole neighborhooa is against the project. He suggestea the aeveloper apply tor rezoning as the apartment complex intringes on the neignbornooa. Mr. Ganarua statea tree aeveloper will pay ror the roaaway project. Mayor Ellison askea the City Attorney it the zoning mistakes rrom 20 years ago can now be correctea. Mr. Sheiaon statea the zoning is appropriate tor the type or aevelopment currently proposea. he statea the current owners or the property have the right to use their property as they wish. Mr. Larson statea the aeveloper will aestroy many or the trees in the area. He reels the new aevelopment orainance proposal snoua be in place r,etore the Council approves this project. Dave Roe, 3216 Ranuom Roaa, reels the neighbors aeserve high quality construction in their area. He statea the City neeas guiaelines for long term aevelopment. He reels the aeveloper is looking tor a snort term profit ana is minimizing the costs. Don Chapaelaine, 575 Chapel Lane, concurrea with Mr. Roe. He statea ne still reels the rence is necessary. However, more lanascaping is also requirea. He also feels there shoula be 100% bricK on the exterior or the builaing. Mrs. Manninen, 624 Sally Circle, asKea it Mr. Asp owns the subject property. Mr. Ganarua statea Mr. Asp has a binaing purchase agreement but noes not nola tee title at the present time. Mrs. Manninen statea the proposea complex will be on Eagan's entrance anu it will make a poor rirst impression. She questions where the school buses will loaa ana unloaa aria asKea the Council it they will be responsible it a chila is hurt. Ron Hort, his mother owns property west or the aevelopment, asKeu with only one entrance/exit he questionea it the cul-ue-sac will some aay be eliminatea. Mr. Colbert statea ne coula make no assurances, however, he thought the probability was slight. -17- 06/07/88 David Manninen, 624 Sally Circle, stated the Council should be concerned about accidents and deaths at the intersection. He stated the access should not be on busy Highway 55. McCrea asked Colbert if any studies have been done regarding safety factors. Colbert stated there have been no studies completed. Don Tietjen, 555. Chapel Lane, asked if there is an option to down zone the property and if so, what would the cost be. Mayor Ellison stated the current purchasers of the property are satisfied with the current zoning and no estimate could be given regarding the cost for rezoning. McCrea stated she feels the developer has done all he could to work with the City. She feels the intersection is a hazard. She asked the developer if he would be willing to adhere to the new proposed ordinance conditions. Mr. Gandrud said they would attempt as much as possible, however, in some areas it would be impossible, such as the underground parking and the brick percentage problems. Mayor Ellison applauded Mr. Asp's attempts and stated he preferred to not have apartments on that property. However, the zoning is appropriate and felt a condition in which 75o,brick was necessary on the project should be stipulated if the project was approved. He felt without this 75%,brick condition the project should wait until the proposed development ordinance is passed. Mr. Asp stated he felt he could not do 75o,glass, stone or brick at this time with the current design that has been proposed. Mr. Sheldon stated the state requires the City to either approve or deny a preliminary plat within 120 days from petition. If no action has been taken after 120: days, there is automatic approval without any conditions. Mr. Gustafson stated that to date no one has been killed at the intersection. He feels it is unfair to postpone the project pending the approval of the new standards. McCrea moved, Egan seconded, the motion to approve the application for the preliminary plat as revised and entitled Crystal Pond Addition, consisting of 137:rental units located adjacent to Highway 55 just north of the Bur Oak Park area, subject to the APC conditions and the following: 1. To the maximum extent possible, the staff is to enforce the new quality control measures which will be taken into account with the proposed development standard ordinance. 2. Review by MnDOT regarding the safety of the intersection at Highway 55. -18- 06/07/88 Gustafson, Ellison, Egan ana McCrea votea in tavor; Wachter was opposea. See Plat File ORDINANCE AMENDMENT/CHAPTER 2 ISSUANCE OF CITATIONS City Aaministrator Heages statea start recommenas the continuance or this matter. Gustafson movea, Egan seconaea, to continue the orainance amenament, Chapter 2, Issuance or Citations matter to a ruture Council meeting. Wachter, Gustafson, Ellison ana Egan all votea in ravor; McCrea was assent trom the Council Chamcers at the time. ORDINANCE AMENDMENT/CHAPTER 4 TEMPORARY OFF-SITE SIGN POLICY Mr. Heages statea the proposea amenament incorporates into the existing orainance a reference to the temporary oft-sign policy acoptea my the City Council on May 19 , 1987. Egan movea, Gustafson seconaea, the motion to approve aaoption or the amenumerit to Chapter 4 regaraing the temporary ort-site sign policy as presentea. All votea in ravor. ORDINANCE AMENDMENT/CHAPTER 4 CERTIFICATES OF SURVEY FOR NEW CONSTRUCTION Mr. Heages statea the proposea orainance amenament aaas the requirement that a certificate or survey rrom a registerea lana surveyor is requirea ror all new construction wherein aaaitiona lana is to we occupieQ by structure or expansion or an existing structure. It is a conaition or ouilaing permit issuance. This amenament will allow start to evaluate a new structure or aaaition as to whether it meets the proper setoacKs ana the percentage or cuilaing area. Mr. Wachter questionea it this amenament woula inciuue all new construction incluuing auuitions. He asKeu what the estimate or a cost rot the surveys woula me. Mr. Heages statea all new construction woula me incluaea with this amenament ana he relt an estimate or the survey cost woula we near $200.00. McCrea movea, Egan seconaeu, the motion to approve the orainance amenament aauing a requirement that a certiricate or survey rrom a registerea lana surveyor me requirea tor all new construction wnerein aauitional lana is to we occupiea my a structure or an expansion or an existing structure. Gustafson, Ellison, Egan ana McCrea votea in ravor; Wachter was opposea. -19- 06/07/88 ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF LIQUOR LICENSING PROVISION Heages statea this amerrament will clarity the transter section or the liquor licensing provisions ana eliminates the neea to process a new application it at least 90% or the issuea ana outstanaing snares are in the same ownership as at the time or the original application. He statea this situation was occurring frequently with the Pizza Hut Corporation. Egan movea, McCrea seconaea, the motion to approve the orainance amerrament entitlea "Beer, Wine & Liquor Licensing ana Regulation" Dy arnenuing section 502, Suva. 4a regaraing transfer or licensing ana, by aaopting by reference, Eagan City Coae Chapter 1 in Section 5.99. All votea atrirmatively. ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF BEER AND LIQUOR IN CITY PARKS City Aaminstrator Heages stateu the proposea amenament clarifies the use ana possession or Deer ana malt liquor in City parks. The intent or this cnange is to allow some use or beer ana malt liquor in parks wnile controlling the type or containers ana quantity or alcohol unaer possession in a City parK. McCrea movea, Gustafson seconaea, the motion to approve the orainance amenament to Criapter 5 that regulates the provision regaraing 3.2 Deer in parks. All votea yes. ORDINANCE AMENDMENT/CHAPTER 5 REMOVING RESTRICTIONS ON OWNER SALE FROM OFF-SALE OF 3.2 BEER Wachter movea, Gustafson seconaea, the motion to move this item on the agenua to Aaministrative Agenaa. All votea yes. ORDINANCE AMENDMENT/CHAPTER 9 EXPANSION OF PROHIBITION ON PARKING OF VEHICLES FOR SALE Heages statea this proposea amenament woula expana the prohibition on parking vehicles for sale to public property otner than street ana private property without the owner's consent. It has been the City's policy that automobiles with ror sale signs not be aliowea to be parxea on any City street throughout the community. The police have iaentitieu a recent abuse or public property with either the parking or vehicles with tar sale signs on public right-or-way, aajacent to public parks or other areas. Thererore, an orainance tnat aua language "other public property or upon private property without owner's consent." is suggestea. -20- 06/07/88 ti Egan movea, Wachter seconaeu, the motion to approve the orainance amenament to Chapter 9 "Expansion or Prohibition ana Parking or Vehicles ror Sale." by aaaing ."other public property or upon private property without the owner's consent". All votea yes. SPECIAL PERMIT/WELSH COMPANIES FOR TEMPORARY SIGN Heages statea an application ror a special permit was submittea Ly Welsh Companies requesting approval or an existing 8' X 8' X 10' on-site temporary sign. The 10' existing sign was erectea approximately nine months ago. He stated the sign meets all setback requirements ana sign oruinances. Egan movea, McCrea seconaea, the motion to approve the special permit or a temporary sign ror Welsh Companies, Inc., subject to the following conaitions: 1. A one-year temporary time perioa, beginning June 7, 1988. 2. All signage shall be subject to the one-time sign tee or X2.50 per square root. 3. All other applicable cone requirements. WAIVER OF PLAT, ZACHMAN BROTHERS CINNAMON RIDGE 6th ADDITION Mr. Heages statea an application tor a waiver or plat was submitted by Zacnman Brothers Construction Company, Inc. requesting waivers or plats ror two lots in the Cinnamon Riage 6tn Aaaition. Wachter movea, Gustavson seconaeu, the motion to approve the waiver or plat tor Zacnman Brothers Construction to allow inaivicual ownership tor Lots Four (4) ana Eight (8), Block One (1), Cinnamon Riage 6th Aaaition. All votea yes. R-88.38 VARIANCE/UNITED MORTGAGE FOR SETBACK VARIANCE Runkle statea an application was submitted by United Mortgage requesting a 10' variance trom the 40' minimum setback trom Elrene Roaa. He statea the applicant is requesting the variance tor various reasons incluaing the reaucea value ana size or the nouse. Mr. Runkle statea the proposea house plans meet or exceea all other setback requirements. Gustavson movea, McCrea seconaea, the motion to approve the variance requestea by Unitea Mortgage tor the Hills or Stone Briage to allow a 10' variance rrom the 40' set back requirement tor Lot Thirty-one (31), Block Six (6), hills or Stone Briage. Gustavson, Ellison ana McCrea votea in ravor; Wachter aria Egan votea against. -21- 06/07/88 ENVIRONMENTAL ASSESSMENT WORKSHEET/BRIDLE RIDGE 2na ADDITION Heages intormea the Council that as a part or the proposea Briale Rioge 2na Aauition aevelopment, an environmental assessment worxsneet is requirea to aetermine whether an environmental impact statement is necessary. The tinaings ana tact ana resolution preparea by the start inaicate that a negative aeclaration or neea ror an environmental impact statement is in oraer for consiceration by the Council ror the Briale Riage 2na Aaaition project. Egan movea, Wacriter seconaeu, the motion to approve a negative aeclaration of neea ror an environmental impact statement ror the Briale Riage 2na Aauition. All votea in favor. R-88.39 REVISION TO PD/POND VIEW ADDITION Heages statea a public hearing was hela by the Auvisory Planning Commission to consiaer a revision to the Pona View Aaaition plannea aevelopment that requires the multiple resiuential area be removea as a part or the proposea plannea uevelopment. The APC is recommencing to the City Council that the amenument to the Pona View Aaaition plannea aeveiopment to remove the multiple resiuential area be approvea. Egan movea, McCrea seconaeu, the motion to approve the revision to the plannea aevelopment that removes the aesignation or a multiple resiuential area. All votea in savor. EAGANDALE/LEMAY LAKE 3ra ADDITION Runxle statea a public hearing was hela by the Auvisory Planning Commission at their regular meeting on May 24, 1988 to consiaer a preliminary plat application for 8.1 acres within the Eaganaale/Lemay LaKe 1st ana 2na Aaaitions consisting or one 2.3 acre lot anu outlot aria a conaitional use permit for a pylon sign locatea south of Lone Oax Roaa aria west;ot Highway 35E. The APC is recommencing approval tor both the preliminary plat ana the conaitional use permits. Incluaea as a conaitional use permit are uses ror the property such as an automobile service/car wash, arive through toou racility ana ott-site 3.2 beer sales. Marc Anaerson, representative for Northwest Mutual Lite Insurance Company, statea the aeveloper neeas approval or the preliminary plat ana the conaitional use permits ana a gracing permit. Mr. Ravich explainea the layout or the proposea center. Mayor Ellison asxea it the approval or a gracing permit was necessary by the Council. Mr. Colbert statea no action was necessary by ttie City Council. -22- 06/07/88 Wachter moved, Egan seconded, the motion to approve the preliminary plat for Eagandale/Lemay Lake 3rd Addition, a conditional use permit for a pylon sign and a conditional use permit allowing certain business uses, subject to the following conditions: 1. Standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: A.1., B.1., B.2., B.36, C.1:., C.2., C.4., D.1:, E.1:, F.l. and G.l. 2. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 3. Additional plant material will be added to the southern property line area to adequately screen the rear side of the building. 4. The development is required to provide sufficient roadway easement to provide at least 8' of boulevard clear space between the existing five foot wide sidewalk along Eagandale Place and the landscape berming required to properly screen the proposed parking area. 5. All four sides of the 16',000 square feet structure will be brick. 6. Redesign the access point configuration in the southeast parking lot to a "T" configuration. All voted yes. ROBERT J./GRACE M. O'NEIL City Administrator Hedges stated a public hearing was held by the APC to consider an application to rezone the 117=acre parcel from commercial planned development to an updated commercial planned development as present by Robert O'Neil and Grace O'Neil. The APC is recommending denial of the amendment and approval of a concept plan. City Attorney Jim Sheldon recommended to the Council the continuance of the matter because the freeway zoning classification is not in the current zoning code for the City of Eagan. John Shardlow stated he disagrees with Mr. Sheldon's statement. However, he feels the Council should act as they feel comfortable. Mr. Sheldon stated the settlement agreement required the O'Neils to immediately apply for the zoning and they have done that. The Planning Commission has approved the concept. The next logical step would be for the City to direct preparation of a zoning ordinance that would establish a freeway development district classification. -23- 06/07/88 Martin Colin stated he feels there are many questions which need to be answered including dedication of ponds and indirect permits. Mr. Hedges stated there is no planned development agreement, only a settlement agreement. Mr. Hedges recommended the continuance of the matter. Egan moved, Wachter seconded, the motion to continue the planned development amendment that changes the commercial designation and uses for the O'Neil property for staff preparation of a freeway zoning ordinance to be presented at a workshop in July, 1988. All voted yes. COMPREHENSIVE GUIDE PLAN AMENDMENT/LEXINGTON LAND COMPANY AND REZONING Mr. Hedges stated a public hearing was held by the Advisory Planning Commission to consider an application submitted by Lexington Land Company, Inc. requesting a rezoning to a planned development for 57'acres located west of Lexington Avenue and south of the bulk mail plant at their May 24, 1988 meeting. The APC is recommending approval of both the comprehensive guide plan amendment and rezoning. Dale Runkle stated if the rezoning to a planned development is approved, it should be contingent on a comprehensive plan amendment which would be processed through the Metropolitan Council and to a planned development agreement that would be executed between the applicant, owner and the City prior to the rezoning. Mr. Shardlow stated the Lexington Land request is separate from the O'Neil property request. He further stated the developer has agreed to all APC conditions. City Attorney Jim Sheldon stated the applicant is requesting a comprehensive guide plan amendment and rezoning. He informed the Council if they feel the use is appropriate, they should approve the comprehensive plan guide amendment. The approved amendment must then go to Metropolitan Council. The Council cannot rezone at this time until Met Council approval. Greg Gustafson, Lexington Land Company, asked how long it takes for Metropolitan Council approval and what the next steps would be. Mr. Sheldon stated the first step would be for the Council to approve the comprehensive guide plan amendment. After this approval, the staff would prepare the planned development agreement which would be presented to the City Council for approval. -24- 06/07/88 J Mr. Gustafson stated he should have asked for light industrial zoning at the beginning of his proposal instead of the planned development. Charles Bartholdi, Federal Land Company, asked the Council to consider his previous discussions with the Council regarding this matter and also all correspondence he has forwarded to them. He stated he had the following points to make: 1. The Council should not take any action on the zoning until Metropolitan Council approval. 2. He stated he has difficulty in obtaining the necessary information he needs from the City. 3. He feels he needs further information on the traffic analysis. 4.. He feels the Council is losing control of the zoning in Eagan. Mr. Egan stated he is concerned because the preliminary plan application has not been submitted at this time and no specific plan has been approved or any. specific user identified with this particular development proposal. Mr. Gustafson stated he is not tied to the O'Neils' development. He stated he needs some indication from the Council as to the potential future zoning of the area so he can attract developers. Egan moved, Ellison seconded, the motion to continue the comprehensive guide plan amendment and rezoning for the Lexington Land Company to allow a planned development located south of the bulk mail facility agenda to Lexington Avenue to the first meeting in August. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. Ellison moved, McCrea seconded, the motion to approve an unbinding resolution by the Council stating that the Lexington Land Company property will be developed as a use other than residential. This land will probably be some type of industrial. All voted affirmatively. CONTRACT 88-16", RECEIVE BIDS/AWARD CONTRACT (LEXINGTON SQUARE STORM SEWER) Mr. Colbert stated bids were received on this project on Friday, May 27:, 1988 for the installation of storm sewer improvements within Lexington Avenue to provide additional storm sewer outlet capacity to the Lexington Square development. He stated all bids have been checked for their accuracy in compliance with plans and -25- 06/07/88 specitications ana it is recommenaeu that the contract be awaraea to the low biaaer, Glenaale Contractors. Gustafson movea, Wachter seconaea, the motion to receive the bias ror Contract 88-16 (Lexington Square Storm Sewer) ana awara the contract to Glenaale Contractors in tree amount or $347,215.00 ana authorizes the Mayor aria City ClerK to execute all relates aocuments. All votea yes. CONTRACT 88-12, RECEIVE BIDS/AWARD CONTRACTS (EAGAN HIGH SCHOOL ADDITION) Mr. Colbert states bias were receives on Weanesaay, June 1, 1988 tor the installation or utilities to serve as the Eagan High School Aaaition. All bias have ueen cnecKea ror their accuracy in compliance with the bia specifications. It is recommenaea that the contract oe awaraea to the low Disaer, CECA Utilities. Wachter movea, Egan seconaea, the motion to receive the bias rot Contract 88-12 (Eagan High School Aaaition - Utilities) ana awara the contract to CECA Utilities in the amount or $321,196.37 ana authorizea the Mayor ana City Clerk to execute all relatea aocuments. All votea in favor. CONTRACT 88-6, RECEIVE BIDS/AWARD CONTRACT (BRAUN COURT - STREETS & STORM SEWER) Tom Colbert states the City receives Dias on May 24, 1988 for the secona time for the proposes installation or utility services, storm sewer ana street improvements or Braun Court necessary to service the proposea Harvey's Heritage Aaaition. He recommenaea to the Council the acceptance or the low bia trom S.M. Hentges, Inc. McCrea movea, Wachter seconaea, the motion to receive the bias ror Contract 88-6 (Braun Court - Streets ana Storm Sewer) ana awara the contract to S.M. Hentges, Inc. in the amount or $41,360.20 which incluces the alternate bia aria authorizea the Mayor ana City ClerK to execute all relatea aocuments. All votea yes. CONTRACT 88-10, RECEIVE BIDS/AWARD CONTRACTS (EAGANDALE CENTER INDUSTRIAL PARK 9th & 10th ADDITIONS - STREETS AND UTILITIES) Mr. Colbert statea on June 2, 1988 formal bias were receivea on this project. He statea all Dias have been checneu for accuracy in compliance with the Dia specification aria it is recorniuerises that the contract De awaraea to the low aiaaer, Richara Knutson, Inc. Wachter movea, Egan seconaea, the motion to receive the Dias rot Contract 88-10 (Eaganaale Center Inaustrial Parx 9th & 10tn Aaaitions streets ana utilities) anu awara the contract to Richara Knutson, -26- 06/07/88 Inc. in the amount or $461, 334.79 ana authorizes the Mayor aria City Clerk to execute all relateu uocuments. All votes in ravor. CONTRACT 87-39, APPROVED CHANGE ORDER NO. 3 (FIRE STATION NO. 4) Tom Colbert statea the original contract proviaeu ror a 6" water service stuDoea into the apparatus room ror ruture sprinkling or this facility. Due to the size ana location or this water service stub, the tire aepartment requestea that it be reaucea to a 2" line ana relocates aajacent to an existing wall to proviae greater clearance space. The cost or this change oraer results in an aaaitional $1,423.00 to the contract. Gustafson moves, Wacnter seconaea, the motion to approve the change oraer no. 3 to Contract 87-39 (Fire Station No. 4) ror an aaaitional $1,423.00 ana autnorizea the Mayor ana City Clerk to execute all relatea aocuments. All votea yes. CONTRACT 88-22, APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS (MISCELLANEOUS PROJECTS) Mr. Colbert states cue to the reaucea scale or Project 514 - Duckwooa Drive (Pona View Aaaition); Project 521 - Yorkton 2nu Acuition - Storm Sewer; Project 530 - Kinaercare Aaaition - Water Lateral; Project 535 - Carlson Lake Storm Sewer Litt Station Upgraae; aria Project 539B - Eaganaale Center Inaustrial Park - l0tn Aauition - Storm Sewer Litt Station, they have all been combines into one contract to achieve the economies or scale in the biuaing process. Egan movea, Wachter seconaea, the motion to approve the plans ana specirications ror Contract 88-22 (Project 514 - Duckwooa Drive (Pons View Aaaition); Project 521 - YorKton 2na Aaaition - Storm Sewer; Project 530 - Kinaercare Aaaition - Water Lateral; Project 535 - Carlson Lake Storm Sewer Litt Station Upgraae; ana Project 539B - Eaganaale Center Inaustrial Park - 10th Aaaition - Storm Sewer Litt Station) ana authorize the aavertisement tor bia opening to be nelo at 10:30 a.m., Friaay, July 1, 1988. All votes in ravor. CONTRACT 87-25, APPROVE CHANGE ORDER NO. 2 (BRADDOCK TRAIL/ELRENE ROAD) The original contract proviaeu tor the installation or regulatory ana trattic information signing ana stripping or the streets. To ensure better unirormity ana comrormance with City stanaaras ana proper scneauling, it was recommenaea that this work be pertormea by the City's street maintenance aivision or the Public Works Department rather than a subcontractor. This will result in a ueauct trom the contract or $1,999.43. The cost incurrea by the street maintenance uivision will be cnargea to these projects ana not to the general tuna Duaget. -27- 06/07/88 Gustavson movea, Wachter seconaea, the motion to approve change oraer no. 2 to Contract 87-25 (BrauoocK Trail/Eirene Roaa - signing ana stripping) for aeauct or $1,999.43 ana authorizea the Mayor anu City ClerK to execute all relatea aocuments. All votea in ravor. CONTRACT 87-26, APPROVE CHANGE ORDER NO. 2 (WESCOTT ROAD) As a result or the negotiations tor the acquisition or right-or-way ana construction easements trom Parcel 10-01400-010-82 (Eawara Kalal), the City agrees to relocate tour large aiarueter pine trees that existea within the acquirea right-ot-way. This results in an auaitional cost or $1,462.64 to this contract which will be the responsibility or the major street tuna. McCrea movea, Gustarson seconaea, the motion to approve change oraer no. 2 to Contract 87-26 (Wescott Roaa) aria autnorizea the Mayor ana City Clerk to execute all relatea aocuments. All votea yes. CONTRACT 88-3, APPROVE CHANGE ORDER NO. 1 (NORTHVIEW PARK ROAD) The original contract proviaea tor the installation tar regulatory ana trattic inrormation signing ana stripping or the Northview Park Roan. To ensure wetter unitormity ana conformance with City stanaaras ana proper scheauling, it was recommenaea that this work be perrormea by the City street maintenance aivision or the Public Works Department rather than a subcontractor. This results in a total aeauct to the contract of $3,377.81. The cost incurrea by the street maintenance aivision will be charges to the project ana not to the general tuna buaget. Gustafson movea, Wachter seconaea, the motion to approve change oraer no. 1 to Contract 88-3 (Northview Park Roau - signing ana stripping) for aeauct or $3,377.81 ana authorizes the Mayor ana City Clerk to execute all relates aocuments. All votea yes. UTILITY MAINTENANCE PUMP, RECEIVE BIDS/AWARD CONTRACT Colbert states rormal bias were receives on May 19, 1988 for the purchase or an 8" portable pump for the utility maintenance aivision to proviae auaitional capacity for emergency pumping or storm water ponces, sewer trenches, etc. The apparent low biaaer, Rurrriage-Johnson Equipment, aia not meet the specirication requirement ana, tnererore, it is being recommenaea that this contract be awaraea to the secona low biauer, Hayuen-Murphy Equipment Co. in the amount of $19,200.00. Gustatson movea, Wachter seconaea, the motion to receive the bias ror the public works utility maintenance pump ana awara the contract to Hayaen-Murphy Equipment Co. in the amount or $19,200.00. All votea yes. -28- 06/07/88 VEHICLE NO. 143/STREET MAINTENANCE VEHICLE/RECEIVE BIDS/AWARD CONTRACT Colbert statea that normal bias were received on June 1, 1988 nor the hyaraulics-aump box-sander-plow ana wing tor the cabin chassis or vehicle no. 143 which was recently purchasea. In evaluating the bia submittea by the low biaaer, it was iouna that they aid not meet the specitications nor the structural support or the dump box. This exception to the specifications is not acceptable to the Public WorKs Department. It this moairication were acceptable, the second ana tourtn biaaers were not given an opportunity to provide a similar reaucea bia. Subsequently, it was start's recoimuenaation that the contract be awaraea with the existing specirications to Mialana Equipment in the amount or X22,594.00. Gusta=son movea, Wacr:ter seconaea, the motion to receive the bias for vehicle no. 143 (street maintenance vehicle - miscellaneous plow equipment) to Mialana Equipment nor $22,594.00. All votea in ravor. VEHICLE NO. 144, STREET MAINTENANCE VEHICLE (FRONT END LOADER) Mr. Colbert statea the Council receivea previous bias on April 5, 1988 for the acquisition or a front ena loaaer as a part or the approvea 1988 buaget. At that time, there were objections presentee by one or the biaaers regarding the "total cost bia" process employees by the City or Eagan requiring a guaranteea repurchase price at the ena of Live years similar to other pieces or heavy equipment recently purchasea by the City. The Council airectea the start to reaavertise for new bias on both the total cost bia with an alternative for straight purchase. In order to obtain aaaitional intormation for tuture recommendations, the stair revisea the uia specitications to require that every prospective biaaer maKe available the piece or equipment being bia on tor actual operation experience by Public Works Maintenance personnel. Peter Borchert was present at the meeting and commended the Council on their effort. Basea on the extensive evaluation by two street maintenance worKers, two equipment maintenance worKers, the divisional supervisors ana superintenaent, it was start's recommendation that the Council receive the bias ana aware the contract ror the purchase or a rront ena loaaer to Ziegler Inc. ror Caterpillar 950B unaer the total cost uia alternative. McCrea comruenaeu the stair on their thorough worK ana research. Wachter movea, McCrea seconaea, the motion to receive the bias rot vehicle no. 144 (street maintenance vehicle - rront ena loaaer) aria aware the contract to Ziegler Incorporatea ror Model 950B or Caterpillar front ena loaaer unaer the total cost bia alternative. All votea attirmatively. -29- 06/07/88 CONTRACT 86-JJ, FINAL ACCEPTANCE/TRAILS OF THOMAS LAKE - STREETS AND UTILITIES Colbert statea the Council has receivea a request ror rinal acceptance or the puolic interest structure installea by the oeveiopers or the trails or Thomas Lake Aauition along with a certirication that the improvements installea conrormea to City approvea plans ana specifications. It was requestea the Council authorize the acceptance or these improvements ror perpetual City maintenance ana the release or the relatea rinancial security. Gustavson movea, Wachter seconaea, the motion to authorize the rinal acceptance or Contract 86-JJ (Trails or Thomas Lake - Streets ana Utilities) ror perpetual maintenance ana the release or the relatea iinarcial security. All votea yes. CALVARY MEMORIAL CHURCH/CONDITIONAL USE PERMIT City Administrator Heages statea an application has ueen suoraittea requesting a conaitional use permit to allow a prorit-making aaycare racility in a public racility district. The APC approvea the conaitional use permit at their May 24, 1988 meeting. Wachter movea, McCrea seconaea, the motion to approve the conaitional use permit ror Calvary Memorial Church to allow a aaycare racility in a puolic racilities aistrict locatea along the south sloe or County Roaa 30, just west or Dooa Roaa in the NW1/4 or Section 25, subject to the rollowiny: 1. No aaaitional signage shall be permittea other than the church sign along Dittley Roaa. 2. A license trom the State shall be requirea prior to the occupancy or the Tea D. Bear Company in the church. All votea in savor. CARBONE'S PIZZAREA/CONDITIONAL USE PERMIT An application has teen submitted requesting a conaitional use permit to allow on-sale liquor, 3.2 Deer ana wine sales in a community shopping center aistrict. The APC approvea the conaitional use permit at their May 24, 1988 meeting. Egan movea, McCrea seconaea, the motion to approve the conaitional use permit to allow on-sale liquor, 3.2 beer, anu wine sales in the Thomas Lake snopping center locatea in the SW1/4 or Section 28, west or Thomas Lake Roaa along the north sloe or Clizz Roaa, subject to all cone requirements. All votea yes. -30- 06/07/88 EUGENE VANOVERBEKE/WAIVER OF PLAT Mr. Heages statea an application has teen submittea requesting a waiver or plat zor the conveyance or a lana sale only; no aeveiopment will occur as a result or this waiver or plat. He rurther statea the APC approvea the waiver or the plat at heir May 24, 1988 meeting. Gustafson movea, Wacnter seconaea, the motion to approve the application or a waiver or plat in oraer to combine the north portion or Lot Nine (9), Block One (1) or the Thomas Lake Heights Aaaition to Lots Twenty (20) ana Twenty-one (21) or the Evergreen Aaaition locatea south or Loagepole Drive in the NE1/4 or section 28, subject to all applicable cone requirements. Ail votea in ravor. R-88.40 HENRY BRAUN/WAIVER OF PLAT An application has been submitted requesting a waiver or plat to tnoaity the north ana west property lines or Lot Two (2), Block One (1) in the Braun Sunrise Aaaition. Wachter movea, McCrea seconaea, the motion to approve the application by Henry Braun tor a waiver or plat in order to shift property lines between Lots One (1) ana Two (2), Block One (1), Braun Sunrise Aaaition locatea west or Drexel Court in the SW1/4 or Section 15, subject to the applicant ana stair successrully working out the easement issue on the westerly corner or the lot. All voted yes. R-88.41 OPIE'S/EXCLUSIVE LIQUOR STORE LICENSE Mr. Heages askea ror direction from the Council regaraing a request tor intormation regarding an exclusive liquor store license ror Opie's. The Council intormea Mr. Heages they have an interest in the project ana askea him to rurther research ana return to the Council with more inrormation. SPECIAL CITY COUNCIL MEETINGS/WORKSHOP McCrea movea, Wachter seconaea, the motion to scheaule a special City Council workshop/meeting ror Monaay, June 20, 1988 rrora 7:00 p.m. to 9:00 p.m. ana July 12, 1988 at 6:00 p.m. All votea in ravor. FOUNDATION PERMIT/TOWN CENTRE SHOPPES Charles Bartholai requestea the issuance or a rounaation permit ror the project prior to rinal plat approval. Wachter movea, Egan seconaea, the motion to approve the rounaation permit tor Town Centre Shoppes development prior to rinal plat approval. All votea yes. -31- 06/07/88 BILLS Wachter movea, Egan seconaea, the motion to approve the payment or the checklist dated June 7, 1988 in the amount of $721,656.41. All voted in favor. ADJOURNMENT Upon motion ouly mace uy McCrea ana seconaea Dy Wachter, the meeting was aajournea at 2:00 a.m. All votea positively. Ah - G A Cit leek 32 -