Loading...
07/05/1988 - City Council Regular f. 0- 04133S MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA July 5, 1988 A regular meeting of the Eagan City Council was held on Tuesday, July 5, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, and City Attorney Jim Sheldon. AGENDA Item A under Old Business (Preliminary Plat, Kingswood 2nd Addition/James Horne) and Item D under New Business (License, Wine and Beer for a new owner of Eagan Tap) were continued. Wachter moved, Gustafson seconded, the motion to approve the agenda as amended. All voted yes. MINUTES June 21, 1988 - Regular Meeting. Egan stated a revision should be made on page 33, second paragraph, it should read "Brad" Swenson instead of "Fred" Swenson. Upon motion by Wachter, seconded by Gustafson, it was resolved that the minutes for the June 21, 1988 regular meeting be approved as amended. All voted in favor. POLICE DEPARTMENT/MANPOWER REQUEST City Administrator Tom Hedges stated the Police Department requested the addition of one patrol officer and one investigator to be added to the Police Department during 1988. The addition of a police officer would allow for coverage on a 24-hour basis in all four quadrants of the City and the addition of an investigator would allow the City to process and follow-up child abuse and neglect cases that are reported on an increasing basis within the City. Councilmember Wachter asked if there was money in the budget for the hiring of the patrol officer and investigator. Hedges stated the additional revenues would come from building permits and expected development fees. Police Captain Geagan stated the new employees would begin employment in October, which would mean only three months' salary would be needed from the current budget. Page 2/REGULAR CITY COUNCIL MEETING July 5, 1988 Mr. Egan asked if another squad car would need to be purchased. Captain Geagan stated there is enough equipment for the new employees, only uniforms needed to be purchased. Gustafson moved, Wachter seconded, the motion to approve the addition of one patrol officer and one investigator in the Police Department to begin employment with the City in late September, 1988. All voted in favor. PUBLIC WORKS DEPARTMENT/CONTINUATION OF SPRINKLING BAN Public Works Director Tom Colbert informed the Council that with the past implementation of the "odd-even" sprinkling ban, the Public Works Department had noticed a significant reduction in unpredictable, peak water usages. He further stated with the projected continuation of the record breaking drought conditions, it was the recommendation of the Public Works Director that this "odd-even" sprinkling ban be continued through the Labor Day weekend to September 5, 1988. This recommendation was felt necessary to ensure the ability to maintain proper water reserves and still allow the community opportunities for reasonable and prudent use of water for outside uses. He stated the community has been very cooperative in regards to the sprinkling ban. He asked the Council to approve the continued sprinkling ban as it is easier to lift a ban that is no longer needed than it is to stop one ban and then implement another. Mayor Ellison asked if there were three new wells on line. Mr. Colbert stated the three new wells which came on-line in June have really been-helpful. He also stated an additional well will be on-line in September, 1988. Mr. Wachter asked if the wells run continuously. Mr. Colbert stated the wells run continuously on weekends. However, on Mondays when the reservoirs are full, they shut the wells off to give them a rest. Mr. Wachter asked if Mr. Colbert had seen an article regarding Eagan wells going dry. Mr. Colbert stated he had not seen the article and the Eagan wells are not going dry. He stated he knew Burnsville and Apple Valley have had problems. Mr. Wachter stated the City should consider raising the storm water levels when possible in order to increase the sub-water reserve. Wachter moved, McCrea seconded, the motion to authorize the extension-9f the-,"odd-even" sprinkling ban until September 5, 1988. All ._voted.af f i rmatively. ~ouc~,lmembgr Egan stated he had noticed irrigation systems by the3t4inbogogd in Town Centre watering the streets. Mr. Colbert stated there had been a problem in that particular area and noted that Federal Land Company was not particularly cooperative. He further stated they will keep checking the area for improper watering. Page 3/REGULAR CITY COUNCIL MEETING July 5, 1988 DEPARTMENT HEAD UPDATES Mr. Hedges informed the Council the Council meeting was not being televised on cable as there had been a problem with the road construction of Pilot Knob Road and suggested a notice be placed in the paper informing the residents. Mr. Reardon stated a message had been put on the cable for the evening informing the residents of the problem. Mayor Ellison applauded Fire Chief Southorn and his department for the excellent fireworks display and their caution in safeguarding against fires. Fire Chief Southorn stated Station No. 4 had been delayed because there is a problem regarding the locker vendor. They are waiting for delivery of the lockers. He further stated some equipment had been moved into Station No. 4 and the station is being used in a limited sense only. Councilmember Egan asked if the Fire Department is in the process of hiring new personnel for Station No. 4. Fire Chief Southorn stated they will be recruiting at the end of August, 1988. They had received a number ot'applications and the interview process had begun. Mr. Hedges stated a grand opening for Station No. 4 would be held soon, preferably on a Saturday or Sunday. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: A. Personnel Items. 1. Part-time Community Development Department Clerk/Typist. It was recommended to approve the hiring of Patricia Peterson as a part-time clerk/typist for the Community Development Department, subject to successful completion of the City's physical examination requirement. 2. Seasonal Utility Maintenance Worker. It was recommended to authorize the City Administrator to approve the hiring of an individual as a seasonal utility maintenance worker. Mr. Gustafson requested the City Administrator inform the Council when this position had been filled. 3. Hearing Conservation Program. It was recommended to approve the 1988 contract with the City of Bloomington for a Hearing Conservation Program for City of Eagan employees/equipment for the n r Page 4/REGULAR CITY COUNCIL MEETING July 5, 1988 amount of Two Thousand One Hundred Fifty and no/100 Dollars ($2,150.00) . B. Plumbers Licenses. It was recommended to approve the following plumbers licenses: Hokanson Plumbing; Nikko Plumbing; and Regency Plumbing. C. Vacate Part of Kennebec Drive, Receive Petition/Order Public Hearing. It was recommended to receive the Petition to Vacate a portion of Kennebec Drive and schedule a public hearing to be held on July 19, 1988. D. Project 541, Receive Report/Order Public Hearing (Country Hollow 2nd Addition). It was recommended to receive the feasibility report for Project 541 (Country Hollow 2nd Addition - Trunk Utilities) and schedule a public hearing to be held on August 2, 1988. E. Contract 88-22, Receive Bid/Award Contract (Miscellaneous Projects). Mr. Colbert presented a revision to the Council regarding the low bid. He stated with the revision, the low bidder remains the same. He explained the increases on all of the projects to the Council and requested the alternative bid to 0 & P Contracting in the amount of $224,773.83. It was recommended to receive the bids for Contract 88-22 (Miscellaneous Projects) and award the contract to 0 & P Contracting in the amount $224,773.83 and authorize the Mayor and City Clerk to execute all related documents. F. Approve Final Plat, Sill Addition. Mr. Egan asked if all City requirements had been complied with regarding the Sill Addition final plat. Mr. Colbert stated all City requirements had been met. It was recommended to approve the final plat for the Sill Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.48 G. Approve Final Plat, Thomas Lake Woods Addition. It was recommended to approve the final plat for the Thomas Lake Woods Addition and authorize the Mayor and City Clerk to execute all related documents. F_-88.49 Page 5/REGULAR CITY COUNCIL MEETING July 5, 1988 H. Contract 88-25, Approve Plan/Authorize Ad for Bids (Dodd Road). It was recommended to approve the plans for Contract 88-25 (Dodd Road - Overlay) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, July 29, 1988. I. Project 546, Authorize Feasibility Report (Cedarvale Boulevard - Overlay). It was recommended to authorize the feasibility report for Project 546 (Cedarvale Boulevard - Overlay). J. Project 547, Authorize Feasibility Report and Detail Plans (Wells No. 12 and No. 13). Mr. Colbert informed the Council that the current locations are "tentative" and the conditions of the lease and the proper locations for the wells would be checked. The proper locations would be aef ined with the feasibility report. It was recommended to authorize a feasibility report and detail plans for Project 547 (Wells No. 12 and No. 13). K. Project 548, Authorize Request for Proposal/Feasibility Report (Cliff Road - Water Treatment Plant and Reservoir). It was recommended to authorize a request for proposal for a feasibility report preparation for Project 548 (Cliff Road - Water Treatment Plant and Reservoir). L. Approve County Signal Installation Agreement 88-08 (Yankee Doodle Road and Denmark Avenue). It was recommended to approve County Signal Installation Agreement 88-08 (Yankee Doodle Road and Denmark Avenue) and authorize the Mayor and City Clerk to execute all related documents. M. Dakota County Highway Design/Construction and Signal Installation Agreement 88-05 (Cliff Road and Cedar Lake Road). It was recommended to approve County Highway Design/Construction and Signal Installation Agreement 88-05 (Cliff Roaa and Cedar Lake Road) and authorize the Mayor and City Clerk to execute all related documents. Page 6/REGULAR CITY COUNCIL MEETING t July 5, 1988 N. Approve County Signal Maintenance Agreement 88-09 (Cliff Lake Road and Target Entrance). Mr. Colbert stated there was a concern regarding the maintenance of the signal. The City had contracted with the County for the maintenance as City personnel is unable at this time to maintain the signal. However, there may be a liability insurance problem. He asked the Council to continue this item for further review by staff and the City Attorney. 0. Final Plat Approval Extension - Gopher Eagan Industrial Park 2nd Addition. It was recommended to authorize an extension of the final plat approval to July 31, 1988 for Gopher Eagan Industrial Park 2nd Addition. P. Project 549, Receive Petition/Order Feasibility Report (Stratford Oaks - Sanitary and Storm Sewer). It was recommended to receive the petition for project 549 (Stratford Oaks - Sanitary and Storm Sewer) and authorize the preparation of a feasibility report. Egan moved, Gustafson seconded, the motion to approve the foregoing consent agenda items and authorize their implementation, with the exception of Item N. (Approve County Signal Maintenance Agreement 88-09/Cliff Lake Road and Target Entrance) being continued for further review. All voted yes to all items except Item H. (Contract 88-25, Approve Plan/Authorize Advertisement for Bids-Dodd. Road Overlay). Gustafson voted against this item. VACATE UTILITY EASEMENT/BLACKHAWK POND ADDITION Mayor Ellison opened the public hearing regarding the Blackhawk Pond Addition utility easement vacation. Mr. Colbert stated that on June 7, 1988, the Council received a petition and scheduled a public hearing to be held on July 5, 1988 to discuss the vacation of a pre-existing utility easement for a storm sewer line through the property that is being platted as the Blackhawk Pond Addition located South of Blackhawk Lake and west of 35E. He stated adequate utility easements were being provided with the platting of the Blackhawk Pond Addition to incorporate the existing City's utility system. All notices had been published in the legal newspaper and sent to all potentially affected utility companies informing them of the public hearing. Staff had not received any objections to the proposed action. He stated the recording of the vacation should be subject to the final plat approval and recording of the Blackhawk Pond Subdivision. Page 7/REGULAR CITY COUNCIL MEETING July 5, 1988 Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the vacation of utility easement Document No. 544569 through the proposed Blackhawk Pond Addition and authorize the Mayor and City Clerk to execute all related documents for recording subsequent to final plat approval and recording of the Blackhawk Pond Addition. All voted in favor. PRELIMINARY PLAT/KINGSWOOD 2ND ADDITION Mayor Ellison informed the public the matter had been continued. He stated the matter may be on the Special Meeting scheduled for July 12, 1988. Greg Frank, representative for the developer, Jim Horne, requested the matter not be continued as the developer needed action. He stated they had agreed to the two-week continuance at the previous meeting, however, they needed to proceed as they will have a marketing problem if the project is delayed any further. Mayor Ellison asked staff if the details could be worked out by the July 12, 1988 special meeting. Mr. Colbert stated staff would attempt to work out all details before that date. Councilmember McCrea asked the developer if a one-week delay would place a hardship on the project. Mr. Horne stated they would defer the matter until the July 12, 1988 meeting. He asked the Council if the single family lots would be approved and if they could begin their detailed plans. The Council was in agreement with Mr. Horne. See Plat File CONTRACT 88-13/RECEIVE BIDS/AWARD CONTRACT (MISCELLANEOUS PROJECTS) Mr. Colbert stated that at the June 21, 1988 meeting, the Council received the bids for this contract which incorporated three projects. At that time, consideration of awarding the contract was continued due to the lack of required easements and permits being dedicated in a form that would allow the City to proceed with this contract. Due to the City's inability to obtain a right-of-entry from the Federal Land Company, a change order had to be prepared and executed by the contractor acknowledging the delay and the date of possession for construction to start. He stated there was a problem with two of the projects (452 and 523) regarding the right-of-entry. He recommended to the Council that the contract be awarded, with the condition that the contract does not proceed until the proper right-of-entries are received. Mr. Colbert stated that there had been delays in dealing with MnDOT. Wachter moved, McCrea seconded, the motion to receive the bids and award Contract 88-13 (Project Nos. 452, 523 and 534) to Richard Knutson, Inc., approve change order number 1 and authorize the Mayor and City Clerk to execute all related documents, subject to staff working with the State regarding the right-of-entry problems. All voted in favor. 1 I' Page 8/REGULAR CITY COUNCIL MEETING July 5, 1988 ANNUAL FINANCIAL REPORT Mr. Colbert stated each year the City retains the services of an auditor to examine the preceding calendar year for all financial transactions. The firm of Deloitte, Haskins & Sells had completed their audit review. He stated the Director of Finance assembles and records all financial transactions which are then examined by the auditors. For the past several years, Gene VanOverbeke had received an official certificate of recognition from the Government Finance Officers' Association for excellence in financial recording. He stated the financial report would be referred to as the City Council proceeds with budget meetings during late August and the month of September. Mr. VanOverbeke presented his report to the Council. Mike Vinyon, Deloitte, Haskins & Sells, stated his firm had received complete cooperation from the City staff and City administration. He stated there is high quality in the financial reporting in Eagan. He explained several items of his review to the Council. Councilmember Egan asked. if the City of Eagan was at the proper percentage for the general fund balance and if this percentage would increase or level out in the future. Mr. Vinyon stated the percentage depends on the cash flow determinations and that the Council wants to keep in mind "rainy days''. He stated the City is in a good position. Councilmember McCrea had questions regarding the internal accounting control methods and the possible need for more safeguarding. Mr. Vinyon stated he too would like to see further controls, however, the City was short on personnel. McCrea stated the matter should be considered for future expansion. Mr. VanOverbeke stated the City was short of personnel, however, they have other controls in place. When and if further safeguards could be implemented, he would follow through on the matter. Mayor Ellison and Councilmember McCrea commended Mr. VanOverbeke and his department for their good work. Mr. Hedges stated that all past suggestions of the auditor had been complied with. McCrea moved, Egan seconded, the motion to approve the 1987 annual financial report as examined by the firm of Deloitte, Haskins & Sells and coordinated by the Director of Finance. All voted affirmatively. SELECTION/FISCAL CONSULTANT Tom Hedges stated the City had completes its selection process for a fiscal consultant. A fiscal consultant generally provides Page 9/REGULAR CITY COUNCIL MEETING July 5, 1988 financial advice to a city on capital improvements, opportunities to refund bonds and assists in the coordination and sale of bonds when necessary. He stated seven firms presented the City with a response and proposal for providing fiscal services. City staff held interviews with five of the firms. The firms were then interviewed by Mayor Ellison and City Councilmember Egan, who is also chairman of the Finance Committee. He suggested to the Council that the City have a "pool of experts" rather than an "exclusive expert". He stated it is recommended that Springsted be appointed as the City's fiscal consultant. Mr. Egan stated all five firms were good firms, however, three came to surface as strong firms who could service the City of Eagan. He further stated Springsted stood out above the rest. Mayor Ellison stated Springsted represents cities in the area that also have rapid growth and they will use their top personnel in dealing with the City of Eagan. Egan moved, Wachter seconded, the motion to approve the recommendation to appoint Springsted as the City's primary fiscal consultant, subject to the execution of a satisfactory agreement. All voted in favor. INSURANCE RENEWAL/1988 - 1989 City Administrator Tom Hedges stated the City's liability and worker's compensation insurance coverage was scheduled for renewal on July 1, 1988. Each year coverage is renewed for a one-year period of time. He stated premium rates for nearly all coverages have actually declined reflecting a "soft" insurance market which is consistent with insurance cycles experienced historically. The tremendous growth of the City is therefore causing the total premium to increase even though rates have declined. Mr. Hedges introduced Bruce Medvec of FBS Insurance as the City's agent of record and stated the City's coverage for both worker's compensation and general liability is bid through the League of Minnesota Cities' insurance program. Mr. Medvec summarized his efforts in the search for insurance for the City of Eagan. He said it is true that there is a "soft" insurance market and prices were going down, however, it is unfortunate that cities coverage is not a wide open market. He stated the City joined the League of Minnesota Cities Insurance Trust because it had the best premiums considering Eagan's insurance claims. He stated some of the reasons for the increases in the premium is because of payroll increases, the number of employees, and vehicle increases. He stated the cost and availability of umbrella liability coverage had also been explored. The only available source of this coverage is also through the League since that is where the primary coverage is being written. He noted that public officials' Liability including inverse condemnation is not covered in the Page 10/REGULAR CITY COUNCIL MEETING July 5, 1988 proposed quote. The League is declining to offer umbrella coverage because of the loss experience, type and frequency of claims. He stated there might be some opportunity to improve this proposed arrangement if the City Council directed the staff and Mr. Medvec to pursue it in more detail. Mr. Egan noted that the public official liability rate had dropped and with the many claims why the reduction. Mr. Medvec stated the League negotiated last year more favorable terms for "re-insurance" on public official liability and that the City of Eagan was receiving the benefit. Mr. Egan questioned the "claims made" regarding the public officials coverage from January 6, 1986 through January 6, 1987. Mr. Medvec stated a tail policy had been purchased. Mayor Ellison questioned the $600,000.00 limit of coverage. Mr. Medvec stated most communities keep the limit at $600,000.00. Councilmember McCrea stated she felt the insurance renewals should be put to bids and that other insurance agents given the opportunity to bid for the City's insurance. Mr. Hedges stated the present agent is responsible to the City to review all potential markets. He further stated there is not much competition for the City's insurance and that the present agent does search out for the most competitive rates. He further stated the present agent has had the City's account for a long time and that the City staff could do a statement of qualifications and put the insurance up for bids; however, there is a time frame problem for this current year. Mayor Ellison suggested the Council consider putting the insurance up for bids. Mr. Hedges stated the matter could begin in six months. McCrea stated she had brought this up two months ago regarding the insurance and stated she feels insurance bids should be consistent with all other contracted work for the City. Mr. Wachter informed the Council that in the past the City had put the insurance up for bid, however, they found no competition. Mr. Hedges agreed that had been past City policy. Mayor Ellison requested Mr. Hedges to report back in six months regarding proposed qualifications and an estimate of the costs regarding the insurance and the agent. Mr. Wachter informed the Council that Mr. Medvec had helped the City of Eagan through some tough times. Gustafson moved, Egan seconded, the motion to approve the insurance proposal for both workers' compensation and general liability for July 1, 1988 through June 30, 1989. All voted yes. Wachter moved, Gustafson seconded, the motion to reject the umbrella liability coverage. All voted in favor. Page 11/REGULAR CITY COUNCIL MEETING ? C) July 5, 1988 CHARITABLE GAMBLING LICENSE/ST. JOHN NEUMANN KNIGHTS OF COLUMBUS/LA FONDA DE ACEBO RESTAURANT Mr. Hedges stated that St. John Neumann Knights of Columbus had presented the City with a gambling license application for pulltabs at La Fonda De Acebo Restaurant. He stated that currently St. John Neumann Knights of Columbus operates a pulltab operation at Richard's Food and Liquor. A representative from St. John Neumann Knights of Columbus stated they have been successful at Richard's Food and Liquor in their pulltabs and that they have very strict financial control. He stated that in order for the State to approve their request at their next meeting, he needed the Council to approve a 30-day waiver. Mr. Hedges stated that the Council had in the past approved 30-day waivers in this situation. Mayor Ellison asked how the financial controls were handled. The representative stated he does the majority of the work himself and reviews all matters thoroughly and that he has a set plan for financial structure. Councilmember McCrea requested the Knights of Columbus report back next year on the proceeds and how they were disbursed. The representative stated that they could do that on a monthly basis. Mayor Ellison asked if the Knights of Columbus had any plans for a third operation. The representative stated none at the present time. McCrea moved, Wachter seconded, the motion to approve the gambling license for pulltabs at La Fonda De Acebo Restaurant as applied for by St. John Neumann Knights of Columbus, subject to a waiver of the 30-day requirement. All voted yes. LICENSE/WINE & BEER/EAGAN TAP Mr. Hedges stated this matter had been continued to the July 19, 1988 meeting. SPECIAL PERMIT/TEMPORARY ADVERTISING SIGNS ON OUTLOT A/ TOWN CENTRE 70 NINTH ADDITION AND TOWN CENTRE 70 SIXTH ADDITION Mr. Runkle stated the City had received two applications for special sign permits from the Eagan Office Tower Building Partnership to allow two 12' by 8' temporary advertising signs on Outlot A of Town Centre 70 Ninth Addition and Town Centre 70 Sixth Addition. He stated these items do not require a ublic hearing before the Advisory Planning Commission. He stated there was a question Page 12/REGULAR CITY COUNCIL MEETING July 5, 1988 concerning whether the advertising signs were considered "oft-site" or "on-site" advertising. Bruce Collin, Federal Land Company employee, requested approval by the Council to replace the two present signs with new signs which would be upgraded to a more professional appearance. Mayor Ellison asked the size of the current signs. Mr. Collin stated they were 8' by 10' in size. McCrea suggested the revision of the policy regarding "off-site" and "on-site" signs. Mayor Ellison stated he considered the signs under consideration as on-site signs. The applicant was in agreement with Mayor Ellison. Mr. Hedges stated staff concurs that review of the off-site and on-site policy needs clarification. Mayor Ellison questioned the proposed condition number 3 regarding the removal of the signs. McCrea moved, Wachter seconded, the motion to approve a special permit for Eagan Tower Office Building Partnership to allow a temporary advertising sign on Outlot A at Town Centre 70 Ninth Addition, subject to the following conditions: 1. The temporary on-site sign is to be 12' by 8' and approximately 11' in height. 2. A one-time fee of $2.50 per square foot shall be paid. 3. An escrow of $75.00 shall be paid to the City and refunded when all code conditions and removal schedules have been met. 4. The sign shall be removed prior to July 5, 1990. 5. All other applicable code requirements shall be adhered to. All voted in favor. Wachter moved, Gustafson seconded, the motion to approve a special permit for Eagan Tower Office Building Partnership to allow a temporary advertising sign on Outlot A at Town Centre 70 Sixth Addition, subject to the following conditions: 1. The temporary on-site sign is to be 12' by 8' and approximately 11' in height. 2. A one-time fee of $2.50 per square foot shall be paia. 3. An escrow of $75.00 shall be paid to the City and refunded when all code conditions and removal schedules have been met. Page 13/REGULAR CITY COUNCIL MEETING "z1'E July 5, 1988 4. The sign shall be removed prior to July 5, 1990. 5. All other applicable code requirements shall be adhered to. All voted in favor. The representative for Federal Land Company requested an item be put on the consent agenda regarding the final plat approval for Town Centre Shoppes for the July 12, 1988 Special Council Meeting. Mayor Ellison stated if staff feels all matters have been complied with, the matter would be put on the July 12, 1988 agenda. Mr. Wachter asked Federal Land Company to adhere to the sprinkling ban imposed by the City of Eagan and to stop sprinkling the streets. The Federal Land Company representative stated he had spoken with Officer O'Brien from the Eagan Police Department regarding vandalisms of their irrigation systems. He said they are attempting to monitor the system and will comply with the City's odd/even sprinkling ban. VARIANCE/JOE MILLER CONSTRUCTION Mr. Hedges stated a review by the Advisory Planning Commission of this matter was not necessary. Mr. Runkle stated an application had been received from Joe Miller requesting a four-foot variance to the thirty-foot front yard setback to allow the proposed 22' by 24' garage to be constructed on Lot Four (4), Block Six (6), Sunrise Hills Addition. He stated that during excavation the applicant lost one of the surveyor's stakes and the footings and block were put in approximately four feet closer to the easement than originally planned. He stated the existing foundation meets or exceeds all other setback requirements and is not located in a drainage and utility easement. The applicant stated the stakes had been moved and the developer did not purposely place the footings in the incorrect location. Mr. Wachter questioned why the house was being built in its present location as the lot is so large. He asked if there were topography problems. The applicant stated there is a hill and ravine and alot of sloping land. Mr. Gustafson stated there were two alternatives to either build a short garage or start the project over. Gustafson moved, McCrea seconded, the motion to approve the four-foot variance to the thirty-foot front yard setback for Joe Miller Construction on Lot Four (4), Block Six (6), Sunrise Hills Addition, subject to all applicable code requirements. All voted yes. Page 14/REGULAR CITY COUNCIL MEETING July 5, 1988 PLANNED DEVELOPMENT AMENDMENT/AUSTIN COMPANIES Mr. Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on June 28, 1988 to consider a Planned Development Amendment to modify the uses within the Cedar Cliff Commercial Park 4th Addition located at the northwest corner of the intersection of Cliff Road and Scott Trail. He stated the Advisory Planning Commission recommended approval of this request. Mr. Runkle stated the nature of the modification is to allow uses other than automobile related sales and services. Tires Plus will remain a main tenant of the facility, however, the applicant wishes to locate other sales and service businesses in the facility. In particular, the applicant suggested Glidden Paint and a short-term babysitting service would be among the other tenants. Councilmember McCrea stated the development originally had limited business zoning and then went to a planned development. She questioned if the Council was now considering a commercial planned development. She asked the applicant if he was trying to skirt the Eagan City zoning policy. Mark Smith, Austin Company, stated they had full intentions of building an auto mall facility and had built seven or eight such facilities in the past. He stated their potential tenants went with another developer and they were currently in need of new tenants. He stated their original plan was for an auto mall. Mr. Gustafson stated the Holiday project was before the Council prior to Austin's original proposal. Mr. Smith informed the Council that the Holiday project was built before theirs and that their tenants misrepresented to Austin Company regarding becoming tenants in Austin Company's project. He reiterated to the Council there was no misrepresentation by Austin Company. Mr. Egan questioned if a daycare or a paint facility fit under the limited business district. Mr. Runkle stated the daycare could possibly fit under this category, however, the paint business clearly did not. McCrea asked if there was a Building Block Daycare facility in the area. Mr. Runkle stated yes there was and noted that the Building Block Daycare was a different type of business than the babysitting service which was proposed by the Austin Company. Councilmembers Egan and Wachter both stated they felt a babysitting service did not fit in with an auto care mall. Mr. Gustafson stated he felt ok with the babysitting service, however, he was concerned about the paint facility with the auto mall. Mr. Smith stated they are not proposing a change in the plans of the project, only the uses for the facility. McCrea stated she felt there was a real difference between daycare and babysitting services and felt that the babysitting Page 15/REGULAR CITY COUNCIL MEETING July 5, 1988 service belonged in neighborhoods or commercial zoning. She stated she had a problem with amending the uses for the facility. Egan moved, Wachter seconded, the motion to deny an amendment to the Cedar Cliff Commercial Park 4th Addition Planned Development. Mr. Wachter informed the Council he felt the area was becoming deluged with auto centers as they had in the past been with gas stations. Mr. Smith stated the construction had begun on the auto mall for the potential new tenants and asked if he must now continue to fill his facilities as an auto mall. Councilmember McCrea stated that was correct and that he would need to find other tenants with compatible uses. Mr. Smith stated this would put a hardship on the developer. Mayor Ellison stated the developer would need to find tenants for the LB district. City Attorney James Sheldon stated a four/fifths vote of the Council was necessary to approve an amendment to the Planned Development. He asked the Council for a resolution of denial. Councilmember Egan amended his motion to additionally authorize the City Attorney to draft aresolution of denial of the Planned Development Amendment for approval by the Council at their next meeting. Ellison, Egan, Gustafson and McCrea voted in favor; Wachter voted against. ALDEN PONDS/ROSEWOOD CONSTRUCTION/REZONING AND PRELIMINARY PLAT Mr. Hedges stated a public hearing was held by the APC on June 28, 1988 to consider a rezoning of 31.2 R-4 acres to an R-3 (townhouse district) and a preliminary plat of approximately 225 units to be located on Coachman Road. Discussions with the developer prior to the public hearing resulted in a reduction of units to 213 units to conform with the R-3 standard. The Advisory Planning Commission recommended approval of the rezoning and the preliminary plat with the provision that the preliminary plat consists of 213 units. Dale Runkle explained the background and reviewed the proposed plans with the Council. He stated the Advisory Planning Commission, at their May 26, 1988 meeting, continued the original request for the preliminary plat and rezoning for the following reasons: 1. Staff was to obtain a report from the Police Department on crime in the area and safety and health concerns regarding fire protection. 2. Staff was to review construction problems. Page 16/REGULAR CITY COUNCIL MEETING July 5, 1988 3. To have legal counsel review the R-3 zoning. 4. To review the Quarry Park parking problem to see if more parking spaces should be provided in lieu of a cash dedication. Mr. Runkle stated it was the City Attorney's opinion that the development would best fit in an R-3 district. He further stated the Police Department's review of the police calls for service in the Valley Ridge and Four Oaks townhouse area indicated there is adequate protection. The building inspector, after his inspection of the property, reported no major problems relating to the construction of these units, only minor cosmetic problems were observed. Mr. Runkle stated the Parks and Recreation Department evaluated the current parking status at Quarry Park. The Parks and Recreation Department feels that the increase of the existing parking lot size is inconsistent with the comprehensive park system plan. He stated the developers have worked with the staff in solving the above concerns. He further stated there was neighborhood opposition at first, however, their concerns seemed to have been worked out with the developer. Paul Ravich, attorney for the developer, updated the Council on the background of the project. He stated the original plan called for R-4 zoning wherein they could build 400 apartments on the site. He stated the developer originally wanted to build 242 townhouses, however, had scaled the project down to 226 units. He stated they have been before the Advisory Planning Commission three times and have held neighborhood meetings. He feels the neighborhood concerns which were raised have been answered and dealt with by Rosewood. He further stated the developer disagreed with the legal interpretation regarding the R-3 zoning. However, it would comply with the opinion and have scaled their proposal down to 213 units. He stated further revisions could cause economic hardship on the project. He called the Council's attention to the proposed condition number 9 regarding the developer dedicating the right-of-way for Alden Court as a public road. Peter Hilger, Vice President of Rosewood, updated the Council on the history of Rosewood and their developments in the area. He stated the current development is the third development of four phases which was originally planned in 1978. He stated Rosewood had met with the neighbors and had resolved the problems regarding their concerns. He stated Rosewood agreed with the residents regarding the installation of traffic signals at Coachman Road and Yankee Doodle as well as Four Oaks Road and Highway 13. He stated Rosewood makes every effort to insure high quality construction and uses pre-finished metal siding. He also stated they would be installing an irrigation system which meets the proposed development standards. He stated they would have a well managed project which provides for a safe project. Mr. Hilger reviewed with the Council the design of the project for 213 units. He stated one unit had been reduced from the original project and also Page 17/REGULAR CITY COUNCIL MEETING 6h July 5, 1988 there would now be four tot lots instead of five tot lots. He stated the project is a rental project and asked for the Council's approval for the development. Rosewood expressed surprise because of the need to lower the density and of the neighborhood opposition. However, they stated they should have met with the neighboring residents earlier in the project. They stated the neighborhood residents would prefer ownership over rental. They further stated they have reworked their project many times. Mayor Ellison asked when Rosewood felt the project might be an ownership project and not rental. Rosewood responded possibly within four to five years. Mr. Egan asked if the cul-de-sac was a private road. Rosewood responded affirmatively. Mr. Egan asked where the off-street parking would be located. Mr. Hilger showed the Council where the parking sites would be and stated they would be scattered throughout the development. Mr. Egan asked if the garages were separate from the units. Mr. Hilger stated they are attached to the units. Mr. Egan also asked if there were separate services to the units and Mr. Hilger stated there were separate services to the units. Mr. Wachter questioned if there was a fire wall. Mr. Hilger stated yes. Mr. Wachter questioned the parking ban confusion along Coachman Road. Mr. Hilger stated there is a parking problem during the winter months during the hockey season. Councilmembers Wachter and Egan both stated they would like to see the landscape plans before approval. Mr. Hilger presented the proposed landscape plans for 225 units to the Council and stated the plans meet and exceed City codes. Mr. Runkle stated City staff had worked with the developer on the landscape plans. Mr. Colbert stated the Council's restriction on the on-street parking by Quarry Park does fall within the snow ban policy. He stated the City could erect signs stating it was not under the snow ban policy. Mr. Wachter asked if the grading and erosion plans were in order. Mr. Colbert stated the conceptual grading and erosion plans were fine. Mayor Ellison asked for a change in the proposed condition number 3 regarding landscaping being increased. Mr. Wachter asked if the proposed development met the new development standards. Mr. Runkle stated there was only one question concerning the covered parking spaces; however, the project basically met the new standards. Page 18/REGULAR CITY COUNCIL MEETING July 5, 1988 Mr. Wachter asked Mr. Colbert if there was a need for signals at the two mentioned intersections. Mr. Colbert statea there was a neea for a signal at the intersection of Coachman and Yankee Doodle, however, the County had not time to act on the matter. He would make a request to the County for a review of this project. He further stated the intersection at Four Oaks and Highway 13 did not meet the requirements for a signal at this time. Mayor Ellison commended Rosewood for their work with the City staff and the neighborhood residents and apologized for any delays in their project. He further stated that the name Alden Court should be changed since that particular street was now a through street. Gustafson moved, Egan seconded, the motion to approve the rezoning of 31.2 R-4 (multiple) acres to an R-3 (townhouse) district. All voted in favor. Attorney Ravich asked if this rezoning could be conditional on the building of the project. Mr. Sheldon stated the rezoning would not be published until the first plat. Gustafson moved, Wachter seconded, the motion to approve the preliminary plat consisting of 213 units located west of the Unisys campus along Coachman Road and the west half of Section 7 subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C4, C5, Dl, El, Fl and G1 . 2. The environmental assessment worksheet shall be processed and approved prior to the final plat approval. 3. The landscaping along the Coachman Road property line shall meet City staff approval. 4. All trash shall be contained within the individual garages until the day of common pickup. 5. Should the project ever change to individual ownership, a copy of the townhouse Bylaws shall be submitted to the City Attorney for review. 6. The development is responsible for constructing the outlot to Pond CP-3 which the development is proposing to relocate. 7. The development is required to televise all existing public utility lines after any construction activity. The televising tapes then become the property of the City. Page 19/REGULAR CITY COUNCIL MEETING July 5, 1988 8. The development is responsible for any damage or reconstruction required by the proposed development to the existing public utility lines. 9. The developer to dedicate the right-of-way for Alden Court as a public Road. 10. The development to be assessed and accept the cost for the street and utility improvements. 11. The developer take into account the condominiumizing or owner occupancy of these units in the future and plat buildings in a fashion which would be the easiest to convert. 12. Individual utility services be provided to each of the dwelling units. 13. An irrigation system be installed in all landscaped areas. 14. All trailways and cash dedication regarding the Four Oaks encroachment as recommended by the Parks and Recreation Commission. All voted in favor. Public Works Director Tom Colbert asked the Council to authorize the feasibility report for the streets on this project because of the delay in putting the matter on the agenda. Gustafson moved, Wachter seconded, the motion to authorize the feasibility report for the streets for Project 542, Alden Ponds Addition - Streets and Utilities. All voted in favor. See Plat File ORDINANCE AMENDMENT/CITY OF EAGAN/AMEND CHAPTER 11 Mr. Hedges stated a public hearing was held at the June 28, 1988 Advisory Planning Commission meeting concerning the proposed amendment to Eagan City Code, Chapter 11, concerning development performance standards. This amendment is part of the Council's effort to maintain adequate development standards and encourage the continuation of quality development within the community. He stated the Advisory Planning Commission recommended approval of the amendment. He further stated there had been many work sessions with the staff, developers and the City Attorney regarding the proposed amendment. He stated there had been cooperation between the private and public sectors of the community. Dale Runkle, City Planner, stated the APC had questions concerning the following proposed sections: 1. Section 11.20, Subd. 6(f) - The APC had questioned the proposed 40% of the exterior building materials. They felt perhaps the percentage should be closer to 65%. Page 20/REGULAR CITY COUNCIL MEETING July 5, 1988 2. Section 11.20, Subd. 6(j) - The APC requested a definition of "mature tree" and also questioned the 30% figure. 3. Section 11.20, Subd. 6(i) - The APC questioned if the R-2 district should be eliminated from the amendment. The Developers Task Force felt there was the need for more review regarding the setbacks. Councilmember McCrea questioned paragraph 3 of Section 11.10, Subd. 13(c) regarding one and a half enclosed or underground garage spaces per unit. Mr. Runkle agreed the paragraph should be reviewed as it would be difficult to comply with. Connie Lea, Eagan resident of many years, stated she was against the passing of the ordinance if it increased the cost of the rent to the renters. She stated she felt the ordinance discriminated against the poorer people and that there would only be high rental units in Eagan. She stated she was currently looking for housing in Eagan for an elderly relative and stated she was having difficulty as there was no low rent units in Eagan. She felt Eagan should accept a wide diversity of residents. Mayor Ellison stated the goal of the Council was not exclusive but to set standards for the developers for nice developments in Eagan. He stated if poor developments were allowed in Eagan, that over the long term, the Council would have no controls on the developers to clean up or fix up the sites. He further stated there was a good mix of property in Eagan and there are more rental units in Eagan than in most cities. Mrs. Lea stated she too wanted good construction for the developments, however, she felt it could be accomplished without increasing the rental fees. McCrea stated she shared the concerns on the elderly housing problem. She stated Eagan is currently checking into elderly housing. Mayor Ellison stated $700,000.00 is currently earmarked for senior housing. Councilmember Egan stated the comprehensive guide plan was purposely devised to have a mixture of housing in Eagan. He further stated the plan is reviewed on a five-year basis. Mayor Ellison stated he felt that Section 11.20, Subd. 6(j) should be stricken from the amendment at this time. Mr. Runkle agreed and stated the matter needed more review regarding reforestation. Mayor Ellison questioned if 40% was adequate in regard to Section 11.20, Subd. 6(h). He felt 40% was too low. Mr. Gustafson agreed. Mayor Ellison suggested 75%. After Council discussion, it was Page 21/REGULAR CITY COUNCIL MEETING July 5, 1988 agreed that the percentage should be somewhere between 60% and 75%. Councilmembers Gustafson and Egan both stated they felt construction needed architectural relief and design using a mixture of material. There was further discussion regarding the windows being included in the percentage for the exterior. Don Lea stated he objected to the idea of limiting the developers. He stated he feels the City should leave the choice of the material to the developers with the Council putting limits on the choices. Mayor Ellison informed Mr. Lea that enforcement would be difficult if there was not an ordinance as the City could not then tell the developers to clean up and fix up any rundown property. Mr. Egan stated he felt the buildings must have brick or an equal to brick and the City must have set objective standards for the developers. McCrea moved, Gustafson seconded, the motion to approve the amendment to the Eagan City Code, Chapter 11, strengthening performance standards for multi-family development, commercial development and industrial development as follows: Section 11.03 (26) "Single Garage" has a minimum of 10 toot width and a minimum of 240 square feet. "Double Garage" has a minimum width of 20 feet and a minimum length of 22 feet. Section 11.20. Subd. 6(c) Additional Setback for Height. In all R districts, all minimum required building setbacks as stated in Subd. 6, Subd. (A) of this section shall be increased by 3 feet for each 1 foot of height over 35 feet. Section 11.20. Subd. 6(h) In all R-3 and R-4 zones, at least fifty percent (50%) of any exterior building finish shall consist of a combination of materials which are non-combustible, non-degradable and maintenance free (for example, base brick, natural stone, glass, and aluminum siding) or those comparable in grade and quality. No exterior building finish shall be sheet aluminum, asbestos, iron, steel, corregated aluminum or untreated block. Samples of exterior building materials shall be submitted with the application. Section 11.20, Subd. 6(i) Architectural Standards. In all R-3 and R-4 districts, architectual plans shall be prepared by a registered architect and include (a) elevations of all sides of the building; (b) dimensions of all structures; (c) location and screening of heating, air-conditioning and ventilation systems. All sides of all buildings shall be treated as a front with the same architectural treatment. Page 22/REGULAR CITY COUNCIL MEETING July 5, 1988 Section 11.10, Subd. 13-(c) Multiple Dwellings, Including Townhouses, Apartments and Condominiums. 1. No detached garages shall be permitted. All garages shall be attached or underground. 2. On all buildings, at least one (1) enclosed or underground garage space per unit and at least one (1) outdoor parking space per unit shall be provided. Ellison moved to amend Section 11.20, Subd. 6(h) to increase the percentage to 75%. There was no second and the motion failed. All voted in favor. VACATE PART OF CEDARVALE BOULEVARD/RECEIVE PETITION/ORDER PUBLIC HEARING Mr. Colbert stated the City had been approached by the management organization for the Cedarvale Shopping Center complex for consideration of vacating a portion of the old service road to Old Trunk Highway 13 (presently Cedarvale Boulevard) to allow an expansion and upgrading of their parking lot facility. Before the applicant proceeded with the formal vacation petition and public hearing process, it would like to determine if the City would be willing to reduce the ordinance requirements and grant variances to the improvements required by code for the expansion of their parking lot facility. In addition to the code requirements for parking lot expansions, the applicant had expressed a concern with the necessity to maintain the current MTC park and ride site. He stated Mr. David Brown, the property manager, had indicated that if he cannot get some type of concession from the City regarding these code requirements, that he would no longer wish to proceed with the petition for vacating excessive public right-of-way. If there was a favorable position by the Council, the staff would schedule the public hearing for the vacation and consideration of the variance applications. Mr. Colbert stated the applicant is requesting the following variances: 1. Park and ride site; 2. Curb and gutter; 3. Berm and landscaping; and 4. Setback requirements. He stated the variances are based on financial hardship, and if approved, would serve solely as a convenience to the applicant. He felt that by allowing such relaxation of the code requirements, a precedent would be set for future applications. Page 23/REGULAR CITY COUNCIL MEETING July 5, 1988 McCrea asked if traffic would still be able to get to the service station. Mr. Colbert stated yes and presented and reviewed a drawing with the Council regarding the layout. Mr. Colbert stated he felt it was a unique renovation of the existing facility. David Brown, representative of Wayzata Bay Center Company, stated he first started working on this project in 1987. He informed the Council they would like to eliminate the MTC park and ride and also the requirement for curb and gutter. He stated they would like to modify the berm and landscaping to a maximum of a one-foot berm with a moderate landscaping requirement. He stated code requires a 20-foot setback from the property line. Mr. Brown stated if they are granted a maximum of a seven-foot variance on the setback requirement, they would not have to remove a 150 foot section and extend the blacktop in order to meet the drive requirements. This seven-foot variance would only affect one end of the property line and at the opposite end, the 20-foot setback would actually be exceeded. Mr. Hedges stated the merchants of the Cedarvale Shopping Center had previously requested the park and ride. However, there are now different tenants in the center and the new tenants feel the park and ride is not necessary. He cautioned the Council regarding the curb and gutter and the possibility of setting a precedent for the future. Mr. Brown stated there was no curb and gutter when the park and ride was installed. He further stated there would be no cost to the City to do the proposed remodeling. Mr. Wachter asked Mr. Colbert where the park and ride would be located if it were moved from this location. Mr. Colbert stated there are only two designated park and rides in the City of Eagan at the present time. Mr. Egan stated there were several non-designated park and ride areas. Mr. Brown stated the Cedarvale tenants were having a problem as people were using their parking space for the park and ride. Mr. Colbert stated if the park and ride were relocated, MTC would need to develop a new route. Mr. Egan stated he was concerned about the precedent issue regarding the curb and gutter. Mr. Colbert stated there was a similar incident regarding Perkins and the Country Club and this could create a problem. Mr. Gustafson stated he felt there should be curb and gutter on 100% of the project or no curb and gutter at all. Mr. Hedges stated Cedarvale developed before the standards were set in Eagan and there may be a few other older developments in a similar situation. He further stated he did not want to grant a hardship on Cedarvale and that the staff was excited about the improvement. He felt if the project was approved, there should be a statement in the motion explaining the difference. Mr. Egan questioned if there could be a condition in the motion to install curb and gutter to the entire project at a future time. Mr. Colbert stated he thought this was questionable. Page 24/REGULAR CITY COUNCIL MEETING - 3: July 5, 1988 Mr. Gustafson was concerned regarding the MTC question. Mr. Hedges stated the City should help the MTC find another location for the park and ride. Mr. Brown suggested a condition stating the project would be approved when MTC found another location. Mr. Gustafson stated he felt the landscaping needed to be appropriate for the area. He stated he was in favor of the renovation of Cedarvale. Don Christensen stated the land the park and ride was on was meant for the MTC and that it was not Cedarvale's land. Mr. Colbert stated this was a good issue and that the MTC was providing a service to the community, not just the merchants of Cedarvale. He further stated he felt that the City needed to work with the MTC. Councilmember Egan stated he could find no economic reason or justification to grant the variances. He stated a need for the additional parking was not shown and that the need for the park and ride space by Cedarvale had also not been shown to the Council. Mr. Brown stated there is a need or they would not have approached the City. He felt the improvement would improve the looks of the area. He further stated the center would maintain the additional parking space which would save the City money. He further stated there is no real hardship on Cedarvale as there.was not currently a lack of parking space. McCrea stated she agreed with Mayor Ellison that there must be curb and gutter on the improvement. Mr. Brown stated they could work with City staff on that recommendation. Mr. Brown explained to the Council the request for the vacation is contingent upon receiving a favorable response from the City Council regarding the variances. Mr. Colbert stated if the the variances were denied at the public hearing, the vacation process could be stopped at that point. Mr. Egan proposed the following: 1. Park and ride - if no cost to MTC and/or Eagan, relocate the park and ride to another location; 2. Curb and gutter - the curb and gutter must be maintained to City standards; 3. Landscaping - the City would expect high quality landscaping; 4. Set the matter for a public hearing. The Council was in agreement this was the correct direction to Mr. Brown and no further Council action was necessary. Page 25/REGULAR CITY COUNCIL MEETING July 5, 1988 Egan moved, McCrea seconded, the motion to receive the petition to vacate part of Cedarvale Boulevard and schedule a public hearing to be held for the vacation of a portion of Cedarvale Boulevard for August 2, 1988. All voted in favor. TRANSPORTATION PLAN Mr. Colbert stated that during the past 11 months the consulting engineering firm had been preparing the comprehensive transportation plan for the City of Eagan in conjunction with the Cities of Inver Grove Heights and Apple Valley as well as Dakota County through a Joints Power Agreement. With the major portion of the work effort associated with researching present and projected land uses, calculating traffic generation and distributions and tabulating this information through a complex computer program, the preparation of this plan had reached the stages where projected and anticipated transportation capacity problems could be expected. On June 28, 1988, the consulting engineers provided background information and a review of the preliminary findings to the Advisory Planning Commission. Mr. Colbert stated if the traffic congestion cannot be handled, the City may have to consider limiting land use. He stated the plan was necessary so the City and County can make the proper designs to handle the traffic in the future. Bob Byers, City Consulting Engineer, stated work had been performed on the transportation plan over the last year to get an overall handle of future needs. He stated the intersection operations were reviewed in detail in this study. He further stated the study process will be an on-going process. They are using computers to keep track of all of the information. Mr. Byers discussed the preliminary results of the survey with the Council. He stated before the City could solve the problems which are projected for the year 2010, the City must look at the potential problems five years from now. He stated the County must be notified of the potential future problems. He feels the study will also help in dealings with the Met Council. He will return to the Council in approximately one month to update the Council on the 1995 review. McCrea asked if there would be a workshop in the future for the Council to thoroughly review the plan. Mr. Hedges suggested a joint workshop with the APC and the Council. The Council felt the City was going in the right direction with the transportation plan. No action was necessary on this matter. APPOINTMENT/METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL Mr. Hedges stated the Airport Relations Committee, at its regular meeting on Tuesday, June 14, 1988, recommended the appointment pf Kathryn Shoaps and Bill Leisecki as the alternates to tpe Metropolitan Aircraft Sbund Abatement Council. These positions V Page 26/REGULAR CITY COUNCIL MEETING July 5, 1988 were previously held by Tom Baker and John Gustin. Typically, the City had made these appointments for a period of two years, however, their term was at the discretion of the City which may choose to make the appointments longer or shorter to be consistent with City policy. Wachter moved, McCrea seconded, the motion to appoint two alternate members, Kathryn Shoaps and Bill Leisecki, to the Metropolitan Aircraft Sound Abatement Council. All voted yes. VISITORS AGENDA Don Christensen/Buffer Hills 2nd Addition Mr. Don Christensen stated that when the original plat of Buffer Hills was approved by the City, there were no roads or utilities. He would now like to finalize the plat so he can have the road and the utilities installed. He stated he had been having difficulty in obtaining his request as the staff had been busy. He asked the Council to approve his plat and engineering so he could move forward with the road installation. Mr. Colbert stated staff was following previous Council instructions regarding the placement on the agenda. He further stated the City staff was attempting" to meet all of the demands by the City developers, however, the City staff was extremely busy. McCrea asked if Mr. Christensen had been treated differently than Target. Mr. Colbert stated that the Council does direct some fast-tracking of projects. Mayor Ellison asked Mr. Christensen if the two weeks required for publication would put a hardship on his project. Mr. Christensen stated no, however, he felt he had waited long enough. McCrea questioned if advertising was necessary for approval of a final plat. Mr. Colbert stated it was not a requirement but it was City policy. Egan moved, Wachter seconded, the motion to approve the final plat for the Buffer Hills 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. R-88.50 Don Adams/Temporary Business Permit Mr. Don Adams stated he was in need of a temporary business permit for an outlet of his business in the City of Eagan. Mr. Wachter stated the Council would need more information before reviewing the temporary business permit application. Mayor Ellison stated Mr. Adams should complete an application and request the matter be put on the agenda. Mr. Hedges informed him to submit his request to Dale Runkle, the City Planner. 5 YM r. Page 27/REGULAR CITY COUNCIL MEETING July 5, 1988 Lexington Pointe 2nd Addition/Tri-Land Brad Swenson, Tri-Land, requested the release of Lexington Pointe 2nd Addition as he was losing sales on the project and was also reaching the deadline to be in the Parade of Homes. He also requested model permits for the project. Mr. Wachter informed Mr. Swenson the Council needed more information before their review of the matter. Councilmember McCrea stated that when there was final approval by the Council, she understood the developer could go out and work on the site. She questioned why staff had not informed the Council the matter was not in order before the approval of the final plat. Mr. Swenson stated there were two matters which needed clarification before the final plat. One was the new format for the letter of credit and the other the Daniel Road improvement. He stated the Daniel Road improvement was not a condition for approval of the 2nd Addition. Mr. Swenson presented handouts to the Council regarding his concerns. Mr. Wachter stated he felt the Council could not vote on the matter at that time. Mr. Colbert explained to the Council the City Attorney had a new form regarding the letter of credit. The letter of credit was necessary before finalizing the plat. He further stated there was a question regarding the condition on the 2nd Addition pertaining to Daniel Drive. He stated the Council could waive this requirement. McCrea asked if the problem arose because of the recent change in the City Attorneys. Mr. Colbert stated he was unsure. Mr. Swenson stated there was no direction to either law firm regarding the easement. Mayor Ellison stated he was not concerned with the letter of credit as Mr. Swenson was a long-time developer in the City of Eagan. However, he was concerned about the roadway. Mr. Swenson stated there was a "haul road" which could be used. McCrea asked how long it would take to build their model homes for the Parade of Homes. Mr. Swenson stated 60 - 70 days. The Parade of Homes would begin the first week of September. Jim Sheldon stated HUD owns Daniel Trail and the issue was when would it be a road. Mr. Swenson stated he was willing to purchase the land from HUD. Mr. Egan stated he felt there was a traffic flow problem without Daniel Road and the plat could be dormant if the road was not constructed. He further stated he could see no evidence of any of this being the developer's fault. He stated it was not necessary on a temporary basis for the construction of Daniel Road, however, he felt Page 28/REGULAR CITY COUNCIL MEETING July 5, 1988 it was necessary on a permanent basis. He suggested releasing the plat and having a temporary congestion on the roadway. Egan moved, McCrea seconded, the motion to release the Lexington Pointe 2nd Addition plat for recording, subject to the City sending a letter to HUD for immediate attention on the matter. Mr. Colbert questioned if the Council was releasing the developer's obligation to construct Daniel Drive. Councilmembers stated they were not releasing the developer's obligation to construct Daniel Drive. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter opposed. Mr. Swenson stated he requested a permit for six model homes in the Lexington Pointe Addition. Mayor Ellison stated his request met with previous model home conditions. McCrea moved, Egan seconded, the motion to approve the permit for six model homes in the Lexington Pointe Addition, subject to all applicable City codes. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter opposed. ADMINISTRATIVE UPDATE Mr. Hedges stated the retail study update should be completed in approximately two weeks. He asked the Council if the City would pay the transportation costs for interviews with potential department heads who were traveling from out of state. He stated this would only be for the final interviews. Council was in agreement with this request. Mr. Hedges stated the architect for the community center would be in town on July 7 and 8, 1988. He welcomed the Council to attend the meetings. Mr. Hedges reminded the Council of the special council meeting on July 12, 1988. Mr. Hedges updated the Council regarding the constitutional challenge - omnibus tax bill. He stated the Mayor and himself would be attending the MLC update on July 6, 1988. Mr. Runkle informed the Council that he had been receiving requests for variances along Pilot Knob for uses which were not pertaining to hardships. Mr. Colbert stated he needed a resolution from the Council regarding the Municipal State Aid funding for the signal at Cliff Lake Road (Rahn Road) and Cliff Road through "off state aid" funding. Page 29/REGULAR CITY COUNCIL MEETING July 5, 1988 McCrea moved, Egan seconded, the motion to approve the resolution regarding the municipal State Aid funding the signal at Cliff Lake Road (Rahn Road) and Cliff Road through "off state aid" funding. All voted yes. Wachter moved, McCrea seconded, the motion to approve the attendance of Councilmember Egan at the national NOISE conference. All voted yes. BILLS Wachter moved, McCrea seconded, the motion to approve the checklist dated July 5, 1988 in the amount of $624,554.24. All voted yes. Upon motion duly made by Egan and seconded by McCrea, the meeting was adjourned at 12:30 a.m. All voted positively. CITY CLERK By: ~61 Eugen anoverbeke