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05/03/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 3, 1988 A regular meeting of the Eagan City Council was held on Tuesday, May 3, 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, Assistant City Planner Jim Sturm, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. AGENDA Wachter moved, Gustafson seconded the motion to approve the agenda as presented. All voted yes. MINUTES April 19, 1988 - Regular Meeting. Upon motion by Egan, seconded Wachter, it was resolved that the minutes as prepared for the April 19, 1988 regular meeting be approved as drafted. All voted aye. CITY'S WEEK City Administrator Tom Hedges explained that Mayor Ellison had proclaimed the week of May 1 through 9, 1988 as City's Week in the City of Eagan. Mayor Ellison indicated that one purpose of City's Week is to honor volunteers, noting that 70 to 80 volunteers had appeared for the Arbor Day Celebration at Quarry Park. FIRE DEPARTMENT - FIRE STATION #4 AND #5 City Administrator explained that at the April 19, 1988 regular City Council meeting, a decision was made to proceed with Fire Station No. 4 construction, realizing that the cost was higher than the amount identified in the Fire Station Referendum. Direction was given for the Administrator and Fire Chief to determine to make recommendations for an additional revenue source from either the fund balance or future general fund budget commitment. It is expected that the actual cost will be approximately 9 1/2% greater than the $1,850,000.00 bond referendum. 1 Council Minutes May 3, 1988 Chief Southorn was also present and reviewed with the City Councilmembers the proposed funding sources. The recommendation was made that the City Council appropriate from the fund balance resulting from the surpluses, rather than treat the over-runs as a general fund obligation and repay the incurred debts/overage in the 1988/1990 operating budgets. Land costs had increased substantially as well as the building, furnishings and equipment. Wachter moved, Gustafson seconded the motion to approve the additional cost for Fire Stations #4 and #5 from the Fund Balance generated each year as surplus rather than the general fund. All councilmembers voted yes. PUBLIC WORKS DEPARTMENT 1. Dump Truck Vehicle #143. The specifications for vehicle #143 consisting of plow package equipment have now been completed and it was recommended that the Council approve the specifications and authorize the advertisement for bid opening to be held at 10:30 a.m. on June 1, 1988 at the City Center. Egan moved, Wachter seconded the motion to approve the recommendation to authorize the advertisement for bids. All members voted yes. 2. Sperry Reservoir - Repainting - City Logo. Public Works Director Tom Colbert explained that the repainting of the Sperry Reservoir will be completed shortly and the Public Works Department requested direction from the Council as to the whether the City logo should be painted on the reservoir. Alternates included standard City logo and name on three sides. Member McCrea favored the logo only, Councilman Egan questioned whether the logo would be a dignified symbol, Councilman Gustafson favored the logo and the name, Councilman Wachter preferred the name only and Mayor Ellison the name only. Egan moved, Wachter seconded the motion that the "City of Eagan" only be painted on the Sperry reservoir. All voted in favor. There was also discussion whether the logo and name should both appear on the proposed City flag and it was decided that both would be included. CONSENT AGENDA The following , consent agenda items were submitted and recommended to be approved: 1. Personnel Items. a. Planner I. It was recommended that Kristy Marnin be hired as a Planner I, subject to successful completion of the City's physical examination requirement. 2 ~-ounCII L1111ULZ~ 5 May 3, 1983 710 b. Seasonal Park Attendant. Susan Johnson was recommended to be hired as the seasonal park attendant. c. Seasonal Ballfield Attendants. Brent Eichten and Paul Frank were recommended to be hired as seasonal ballfield attendants, and David Carney as a combination seasonal ballfield and park attendant. d. Seasonal Park Maintenance Workers. Recommendation was made by the staff that Troy Christopherson, Michael Finnegan, Hugh Peterson, John VonBank, Brent Tait, Gary Rutherford, Rob Thometz, John Tracy and Paul Dunn be hired as seasonal park maintenance workers. 2. Mayor's Fishing Opener Proclamation. Mayor Ellison, in conjunction with the Department of Parks and Recreation has scheduled May 15, 1988 at the Mayor's Fishing Opener at Fish Lake and he approved a Proclamation scheduling the Mayor's Fishing Opener. 3. Pine Ridge 2nd Addition - Final Plat. The application for final plat approval of Pine Ridge 2nd Addition was submitted and staff recommended approval of the application subject to compliance with City requirements. R-88:25 4. Radio Equipment - Surplus Property. Recommendation was made by the staff to declare two consoles, recorder and the bay station as surplus property in the police department and that the equipment be donated to the Minnesota VoTech Administration for use in their Communications Training Program. 5. Field Stone Trail - Project #532. In response to a Petition, the feasibility report was prepared for Project #532 and it was recommended that the Council receive the report covering Field Stone Trail street and sidewalk and schedule a public hearing at City Hall on June 7, 1988 at 7:00 p.m. 6. Carlson Lake - Lift Station Upgrade - Project #535. It was recommended that the feasibility report for Project #535 consisting of Carlson Lake lift station upgrade be scheduled for public hearing for June 7, 1988 at 7:00 p.m. at the Eagan Municipal Center. 7. Sill Addition - Project #540. It was recommended that the Council accept the Petition and authorize the preparation of a feasibility report and detailed plans and specifications for the Michael Sill Addition street and storm sewer improvements under Project #540. Councilman Wachter moved, Councilperson McCrea seconded the motion to approve the foregoing consent agenda items and authorize their implementation. All voted yes. 3 l2ouncii m1nuces May 3, 1988 CEDAR CLIFF COMMERCIAL PARK 2ND ADDITION - PROJECT #452 Mayor Vic Ellison convened the public hearing regarding Pond AP- 50 outlet in Cedar Cliff Commercial Park 2nd Addition consisting of Project #452. Mr. Colbert introduced the project and Mark Hanson of the firm of Bonestroo, Rosene and Anderlik, explained the report in some detail. He noted that the Park Commission had reviewed the proposal on April 7, 1988 and made a recommendation for approval with certain conditions. He also reviewed the background of the project, indicating that two hearings had been held on the project at earlier times. A letter from Federal Land Company dated May 3, 1988 had been delivered immediately prior to the Council meeting and distributed to the Council members, generally objecting to the project. Mr. Hanson explained the drainage area and the details of the project, proposing that the storm sewer line run northerly from AP-50 through Rahn Park. He noted that the cost of the previously approved location would be $60,000.00 to $70,000.00 additional because of the extra depth if the Cliff Road alignment were utilized. Charles Bartholdi was present on behalf of Federal Land Company and explained the objections, indicating that Federal Land felt it had a firm commitment from the City, that the current proposal was not necessarily lower in cost and there would be excessive destruction of landscape and large oaks on the Federal Land Company property. He stated that Dr. David French of the University of Minnesota had examined the area where the construction was expected to take place and had estimated the damage to tree loss as $47,000.00. He noted also that the square trenching recommended by the Park Commission would be a more expensive method and that the cost of easements was not computed in the differential. Other objections included removal of the tree buffer, that the current proposal would not benefit Federal Land Company property, and that the Cedar Cliff owners were the actual benefited owners. Tom Colbert responded to the issues raised by Mr. Bartholdi and noted that at the December 1, 1987 meeting, the Council approved the project but that Federal Land then objected to the assessments and requested that no assessments shall be levied until the property is developed, whereas, Mr. Colbert stated he understood that Federal Land had no objections prior to that meeting. At the first hearing, two alternates were reviewed, including Alternate A, which was the Rahn Park alignment, and Alternate B, through the Federal Land Company property. When the zoning application for the Federal Land Company property was denied, it was determined that neither Alternate A nor Alternate B was feasible. 4 Council ,,iinures May 3, 1988 The staff and consulting engineers have now reviewed the long- term storm sewer outlet needs for the general area and determined that the current proposal was feasible for the long-term. Mr. Colbert explained it was actually less costly, the loss of trees had not been reviewed in detail but the majority of the trees are not of significant size, and the buffer still would be retained. He also indicated that in his opinion, the storm sewer outlet would benefit the Federal Land Company property because the majority of that parcel drains into Pond AP-50. The Cedar Cliff property owner had prepaid their storm sewer assessments in order to help finance the proposed project. The assessments are standard for comparable uses in the City and Federal Land is being assessed an Agriculturally zoned rate, based on its current zoning. Dr. David French made a presentation and reviewed the information in his letter of April 28, 1988. He explained that in his opinion, most of the trees would be taken by the construction. Councilman Wachter questioned the age of certain of the oaks, and Dr. French's answer was somewhere over 100 years in age, but he had not bored them to determine their age. He said he could detect no oak wilt and admitted, upon questioning by Councilman Wachter, that the oaks may be saved through the construction process, possibly by tunneling under them. Councilman Egan asked about the impact of the proposal on the Federal Land property at the northwest corner noting the original proposal provided for an office building. Mr. Bartholdi explained that the intention had been to preserve the vegetation in that area. Mr. Egan also asked if Dr. French's estimates were correct, would the cost still be less. Mr. Colbert's answer was yes, and that damages should not be only for the trees individually, but that there would be some remaining buffer and that the contractor could restore the area with an effective buffer. Mr. Colbert also noted that the 23 foot cut through the northerly route is the maximum cut, whereas 40 foot is the maximum cut along Cliff Road. Mr. Hanson also pointed out that the major oaks are generally along the property line and the intent is to avoid those trees if possible. He also explained that the route through Rahn Park is generally quite shallow and tree saving is possible. The drainage onto Federal Land property from a culvert, running northerly under Cliff Road, will not change and the drainage would continue to flow to Pond AP-50. Mr. Colbert explained the urgency in proceeding with the project because of the potential overflow of AP-50 with heavy rains. McCrea moved, Egan seconded the motion to close the hearing, to approve Project #452 and to authorize the preparation of detailed plans and specifications and acquisition of easements through condemnation with the appointment of an appraiser if deemed necessary. All councilmembers voted in favor. 5 L.ouncil iinuces May 3, 1988 BLACKHAWK POND - SANITARY SEWER LIFT STATION - PROJECT #534 The next public hearing convened by Mayor Ellison concerned sanitary sewer lift station and pond restoration under Project #534 in the Blackhawk Pond area. After introduction by Mr. Colbert, Mark Hanson detailed the project in his report, including costs and stated that there would be no assessments proposed because the area has been assessed for sanitary sewer trunk purposes. There were no objections and Wachter moved, Egan seconded the motion to close the hearing, to order in the project, and authorize the preparation of detailed plans and specifications. All members voted affirmatively. ST. JOHN NEUMANN - K OF C - GAMBLING LICENSE An application of St. John Neumann and Knights of Columbus for pull-tab gambling license at Richards Food and Liquor came next to the Council. The police department report by Captain Pat Geagan indicated that there was no criminal reason to preclude the license being issued. Ron Leif of St. John Neumann was present and explained the application and answered questions. Member McCrea stated she was not pleased with gambling but it was important that local organizations be involved. The Mayor also supported the local City organization. Member Gustafson stated that less than 10% of the gross proceeds goes to charity but he would support the application. Gustafson moved, Egan seconded the motion to approve the application as submitted. All members voted yes. Mary O'Hara Anderson for the Metropolitan Center for Independent Living appeared and stated that her organization has received money from the MS Society and that 7 people living in Eagan are now being served. She explained the positive work being done from funds from charitable gambling and suggested that a portion of the proceeds be used to serve persons with disabilities. Councilmembers explained that the Valley Lounge license could be transferred at the request of the operator of the Valley Lounge. CRYSTAL PONDS - PRELIMINARY PLAT The application of Asp Construction Co. for preliminary plat approval of Crystal Ponds Addition consisting of 137 rental apartment units on 13.47 acres on the south side of Highway 455 and north of the But Oak Park area came to the council. The property is zoned R-4 (Multiple) and Land Use designates the area R-I under the previous designation and recommended D-III under the 1987 amendment to the Guide Plan. Mr. Hedges introduced the application and described the two Planning Commission hearings with the Planning Commission at its April meeting resulting in no recommendation, with a 3 to 3 tie vote. 6 ouncii .4iinucas May 3, 1988 Jim Sturm, the Assistant Planner, reviewed the original plan, the terrain and the adjoining uses with single family on the south and west and general business on the east. The original plan would include 10 units per acre and cul-de-sac variance was required. The revised plan eliminated two apartment buildings with reduction in 16 units resulting in a net density of 9 units per acre, and the cul-de-sacs appeared to conform with the maximum Eagan Code lengths. Issues that were also discussed at the Planning Commission included upgrading of the service road by the developer, the feasibility of adding additional exterior brick and it as noted the developer has now agreed to 30% exterior brick coverage and further, that it will pay for its portion of the frontage road adjacent to its project. The recommendation was also made that the Metropolitan Council noise contour regulations be adhered to within the project. Gary Gandrud, attorney for Asp Construction was present and explained that the property had been zoned for multiple dwelling for 15 years, and the Comp Guide provides for multiple residential use. The developer is accommodating all of the requests except for the revision of the zoning. Fencing, brick exterior, the removal of 16 units and two buildings, and additional road construction were also agreeable to the developer. He also discussed the potential buy- down of the zoning and stated that the developer may entertain the concept but it could be very costly to the City. Richard Asp was present and reviewed the project, indicating there would be 31 one-bedroom units and 90 two-bedroom apartment units. Vinyl siding was proposed with brick along the front entrance and side and he would agree to the noise restrictions. Councilman Wachter asked Mr. Asp if R-1 is feasible and Mr. Asp stated he had considered it, but the plan is for multi-family use. Mr. Wachter also suggested that the new internal street configuration be changed, and it was noted that the City could allow up to 10% grade so that the elongated configuration of the internal street could be changed. Kathy Brazeau, 3239 Random Road appeared and objected noting a major concern related to the grade of the frontage road. The buses on the street and narrow width are a problem which creates safety issues for the children. Dwight Larson of 3225 Random Road was opposed and strongly recommended widening the frontage road towards Highway #55 which would constitute a traffic hazard if not accomplished. He also explained that there would be no further parking possible on the frontage road if the development is approved. He indicated that Mayor Ellison had distributed a questionnaire asking about residential preferences. 7 ~;ouncil i•iinuces May 3, 1938 r7n -f Jerry Groth, 642 Rita Court, stated the access road is already congested, narrow and a hazard at Random Road. He recommended studying the service road before approval of the project. Don Chapdelaine, 575 Chapel Lane, cited a potential devaluation of the neighboring property, he suggesting additional plantings and noted the fence will deteriorate and recommended both fence and landscaping. Mayor Ellison noted that landscaping was preferable to fence for the buffer, and Mr. Sturm stated that normally the staff recommended landscaping including 6 foot pines, but the fence would stop the children from walking through the neighboring property to the south. Joe Boche noted there was very little play area for the children and the project would restrict available ball field area. The owner at 618 Sally Circle asked if MnDOT had been asked to evaluate the access for traffic purposes and recommended a ruling from MnDOT prior to any construction. Bill Baumann, 3245 Highway #55, appeared objecting and asked whether the developer had contacted the West St. Paul Schools about the additional children, and was also concerned about the air corridor sound impact. Ron Hoff argued the increased traffic could not be handled on the frontage road with 9 homes requiring parking along the frontage road. Mr. Colbert noted that Random Road and the frontage road have poor visibility so a 3-way stop was installed. The owner of 3265 Highway #55 explained the frontage road is only 22 feet in width and improvements could be very expensive. Lynn Larson, 3225 Random Road, objected that access to Highway #55 is not adequate and two access points from the project to the frontage road increases the traffic problem. Gail Ahlberg, 555 Chapel Lane, explained that the R-1 would be surrounded by R-4 and that there is also inadequate feasible park space in the area. Councilman Egan asked how the frontage road could be improved and Mr. Colbert stated the current width is 22 feet, down to 17 feet at the east end and it must be upgraded if the project is approved. On-street parking is also a concern. The options include the frontage with a one-way only which would be inconvenient for certain persons and a small cul-de-sac on the frontage road with access from the project exclusively to Highway #55. 8 Council -'Minutes May 3, 1988 Mr. Gandrud answered that the developer would accept either the one-way proposal or the cul-de-sac. Mr. Colbert upon question, noted that MnDOT has not answered the notices that have been sent to it. Mr. Gustafson asked whether the road could be widened, and Mr. Colbert stated that possibly it could, but there would be considerable expense. Councilman Wachter asked how many trees would be removed and Mr. Asp's answer was that no trees would be saved around the pond. Councilman Wachter was opposed to the use of vinyl siding and noted that it cracks and fades. He did not favor the project and stated the R-4 zoning was allowed simply to extend the higher density use on the Shaaf site. Mayor Ellison stated that he was opposed to the R-4 zoning and in very few instances does the zoning move from an R-4 to R-1 directly. He recommended that the project not be approved until the following is determined: 1. MnDOT should give an answer to frontage road access and improvements. 2. The quality development indicators are being considered by the City and recommended delay until the final decision is made on the quality controls. Councilman Gustafson was opposed to more apartment units but noted that the proper reasons must be cited for denial. He favored preserving the parcel for park purposes but there would be considerable expense in doing so. Until the traffic issue was resolved, he would not vote in favor. Councilmembers McCrea asked the distance from the nearest apartment building to an R-1 home and noted that the project is not the typical 3-story apartment building, but consists of 8 units with 9 unit density which is an R-3 density. She noted the developer had made compromises but that the street did not appear to be adequate. McCrea moved, Egan seconded the motion 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 regular meeting. All members voted affirmatively. See Plat File 9 k;outlcll 1•1111uc-,6 May 3, 1988 PONDVIEW ADDITION - REZONING City Administrator Tom Hedges explained that since the April 19, 1988 City Council meeting, staff members have initiated a number of meetings with representatives of Fairview, TXI, First Bank, the Reid family and Ron Cornwell regarding the proposed Pondview Addition on the west side of Pilot Knob Road. TXI explained its concerns regarding certain conditions of the Planned Development Agreement and Fairview was given City Council approval on April 19, 1988 to begin construction through issuance of a building permit, with the understanding that the PD Agreement will be eventually executed by the proper parties. The timing of the final portion of the development was the main objection of TXI. The conclusion is that an agreement could not be reached and staff recommended that a new plan be initiated by the City Council, and that the City Council schedule a hearing before the Advisory Planning Commission at its May 24, 1983 meeting to consider a reduced planned development area to expedite the Fairview project. TXI property would not be involved and Fairview could proceed with its excavation. Tom O'Connell of Fairview Hospital was present. McCrea moved, Egan seconded the motion to initiate the zoning amendment process and schedule a public hearing before the Advisory Planning Commission at its May 24, 1988 meeting for consideration of the revised Planned Development. All members voted in favor. CITY LEGAL SERVICES Tom Hedges introduced the request of the City Council that it consider proposals for legal services to include General City Attorney, Special Legal Projects, and Prosecution. He reviewed the background including the advertising for proposals, with 12 proposals being submitted and the recommendation that 5 firms be considered for General Services and 3 firms for prosecution. On April 12 and 13, 1988, the City Council interviewed representatives of the requesting firms. He also described the reference checks that were made for the McMenomy, Grannis and LeFevre law firms. Councilman Wachter proposed a moratorium utilizing the services of the present City Attorney. Councilman Egan noted that one reason for the SOQ's was for cost purposes and there did not appear to be a reason for change. He also emphasized the question of Dakota County identity and the closeness and spontaneity of the firm chosen. Mayor Ellison noted that not just cost but quality of the firm is important. Member McCrea was concerned about pro-active advice regarding the Cliff Lake and Bieter by the present firm and noted the City has many lawsuits and the City Attorney should be more pro- active. 10 Council ~-iinuces May 3, 1988 11, r7l Member Gustafson agreed that a stronger approach and being more pro-active is important. Ms. McCrea had questions about the special legal service areas and whether the Hauge, Eide & Keller firm offered legal skills that certain other applicants had available. Wachter moved that a moratorium on the decision for selection of City Attorney be instituted for six months and that the Council then re-evaluate the position and review with the Hauge, Eide & Keller firm its pro-active stand at the end of that time. Egan seconded the motion. Those in favor were Wachter and Egan; those against were Ellison, Gustafson and McCrea. McCrea then moved, Egan seconded the motion to engagae the Hauge, Eide & Keller firm for prosecution services for the City. All members voted yes. Member McCrea then discussed a pool arrangement and McCrea then moved that Jim Sheldon of the McMenomy, Severson office be hired for General Legal Services on a probationary period of up to 6 months with not to exceed a one year contract and then review by the City Council as to the quality of service at that stage; further that the Hauge, Eide & Keller firm continue to be retained for cost effective general services. There was no second and the motion die3. McCrea then moved, Ellison seconded the motion to retain James Sheldon of the McMenomy firm for general legal services. Those in favor were McCrea, Ellison and Gustafson; Wachter and Egan voted against. City Administrator was directed to prepare a list of special legal service projects to be submitted to the City Council for review. PROPOSED SETTLEMENT OF O'NEIL LAWSUITS Mayor Ellison requested City Attorney Paul Hauge review with the Council the proposed Agreements relating to the three lawsuits involving the O'Neil property at Lexington Avenue and Yankee Doodle Road. Mr. Hauge described the two Agreements that had been negotiated between attorneys for the O'Neils and the City Attorney's office following considerable staff review and meetings between the affected parties. 1. City of Eagan vs. O'Neil - Condemnation Agreement. Mr. Hauge explained that there have been a number of revisions including the last draft reviewed by the City Councilmembers, based on certain compromise solutions, including provision that in the event of appeals regarding the declaratory judgment action brought by Eagan Commercial Park against the City in late 1987, and the potential assessment appeals that the O'Neils be involved in the settlement of such appeals, but that consent to such settlement will not be unreasonably withheld. 11 council viinuces May 3, 1988 r7l Mr. Hauge's opinion was that the current drafts addressed the concerns of the City Council and staff. He noted that the condemnation action will proceed to go to trial after a decision regarding the Town Centre Development Agreements has been reached in the declaratory judgment action entitled Eagan Hills Commercial Park vs. Eagan, and whether the City can assess both the Town Centre 70 and 100 developments for the cost of the pond easement acquisition. In addition, there is a provision that in the event of sale of the O'Neil property that a bank escrow covering the amount paid by the City to the O'Neils as a partial payment will be held until a final determination of the pond cost has been made. 2. Zoning Action Agreement. As to the Agreement regarding the zoning action, it was understood that the assessment appeal would be dismissed if the Council approves the agreement and that a new application for rezoning and Comp Guide revision which has been submitted to the City could be heard before the Advisory Planning Commission on May 24, 1988. 3. Findings and Conclusions. Mr. Hauge also reviewed the Findings of Fact and noted that the Conclusions provide that there is a reasonable basis to support the application for rezoning and Comprehensive Guide revision and that the Order would not be admissible in any court proceedings involving the property, without further Order of the Court. After brief discussion, there being no objections and no appearances by the general public, Wachter moved, McCrea seconded the motion to approve the zoning agreement as drafted. All members voted in favor. Member McCrea questioned the total amount of the obligation toward the condemnation award on behalf of the City and it was noted it would be a maximum of $100,000.00. Egan moved, McCrea seconded the motion to approve the agreement regarding the condemnation action and authorize its execution. All voted yes. LaFONDA DE ACEBO - MANAGER'S LICENSE An application was received to change the designated manager for the LaFonda DeAcebo Restaurant. The new manager is Timothy Carl Cradle and Captain Pat Geagan of the Police Department indicated that the investigation resulted in no objection to the license issuance on behalf of the police department. Wachter moved, Gustafson seconded the motion to approve the Manager's license in the name of Timothy Carl Cradle for LaFonda DeAcebo. All voted in favor. 12 council iIII uc-' s May 3, 1988 AL HERMANN CONSTRUCTION - MODEL HOME PERMIT FAIRWAY HILLS 2ND ADDITION An application for model home permit was submitted by Al Hermann Construction for Lot 2, Block 2, Fairway Hills 2nd Addition and it was noted that the permit meets the provisions provided by City Code. Jim Sturm briefly introduced the application and Councilmembers questioned whether all City concerns in Phase One had been completed and if not, whether Phase Two should be approved. Mr. Colbert stated that he still has certain problems with the First Phase. Al Hermann was present and stated that he agreed with the requirement of the staff regarding the installation of utilities and requested that the model home permit be granted for Parade of Home purposes. McCrea moved, Egan seconded the motion to approve the model home permit for Lot 2, Block 2, Fairway Hills 2nd Addition as requested provided all City requirements are fulfilled. All members voted yea. NEW HORIZON HOMES - MODEL HOME PERMIT BOULDER RIDGE TOWNHOME An application of New Horizon Homes, Inc. for model home permit for townhome on Lots 1 through 4, Block 1 was next considered by the Councilmembers. Jim Sturm briefly reviewed the application and noted that the request met City Code requirements. There being no objection, McCrea moved, Wachter seconded the motion to approve the application as submitted, subject to City requirements. All voted aye. BREEZY OUTDOOR, INC. - BILLBOARD SIGN - CONDITIONAL USE PERMIT An application of Breezy Outdoor, Inc. to allow billboard advertising sign along 1-494 on Lot 4, Block 1, Eagandale Center Industrial Park was brought to the Council. The Advisory Planning Commission recommended denial at its meeting in April of 1988 and it was noted that the City Council on July 15, 1986 denied a similar request on the same lot. The July 15, 1986 Resolution was included with the packet material stating the reasons why the denial was made in 1986. Jack Lawrence appeared for the applicant and stated he understood the council's position and did not push the application. Egan moved, Wachter seconded the motion to deny the application for the reasons stated by the Council in the Resolution dated July 15, 1986 concerning a comparable application. All members voted affirmatively. 13 Council Minutes May 3, 1988 EDWARD & CYNTHIA DEVLIN - WAIVER OF PLAT WESCOTT GARDEN LOTS An application was submitted regarding waiver of plat to split Lot 4, Block 3, of the Wescott Garden Lots into separate Agricultural parcels. The property is located on the west side of Trails End Road. The APC recommended approval of the Waiver. There being no objection, Wachter moved, Egan seconded the motion to approve the application, subject to compliance with City Code specifications. All members voted in favor. R-88.26 ANNE WETTELAND - VARIANCE - 4540 BLACKHAWK ROAD An application by Anne Wetteland for 3 foot variance to 10 foot minimum side yard setback for addition to living space at her property on 4540 Blackhawk Road was submitted. An 18 foot by 33 foot addition was built onto the existing home and an error resulting in construction into the side yard setback area. There were no objections and Gustafson moved, Egan seconded the motion to approve the application subject to compliance with all other applicable Code requirements. All voted yes, except Wachter who abstained. STANLEY STYLSKI - VARIANCE - HALLEY'S FIRST ADDITION An application was submitted by Stanley M. Stylski for variance for Lot 3, Block 2, Halley's First Addition to provide a 50 foot variance from 100 foot setback requirement from Agricultural district. The proposal would include a 48 foot by 156 foot pole barn for storage purposes. Jim Sturm explained the application indicating a building could be constructed without the setback variance but the applicant indicated it was not economical to do so. Councilman Egan cited the action of the City Council at a previous meeting regarding an application for a greater variance and stated that the reasons that were cited by the City Council at that meeting still applied. Egan moved, Ellison seconded the motion to deny the application for the same reasons as indicated by the Council at its previous meeting regarding a comparable application, including the fact that the City does not want to promote the construction of pole barns and to promote industrial uses in an area designated Residential on the Comprehensive Guide Plan. All members voted positively. 14 LL)Ullt 1J i1UUt: May 3, 1988 1^L",07r LEXINGTON SQUARE - MICHAEL RUDOLPH - VARIANCE An application of Michael J. Rudolph of 3915 Gibralter Trail for variance from the 10 foot minimum side yard setback on Lot 17, Block 5, Lexington Square to construct a porch 7 feet 4 inches from the property line. It was noted that there were no objections from property owners but member McCrea expressed her concerns about variances on smaller residential lots. McCrea moved, Egan seconded the motion to approve the application, subject to compliance with all other city requirements. All voted favorably. METROPOLITAN AIRPORTS COMMISSION - RUNWAY 4/22 EXTENSION RESOLUTION Tom Hedges explained to the City Council that the MAC has completed its environmental assessment of the proposed 4/22 runway extension at the Airport. This runway would run diagonally and directly affects St. Paul, Highland Park, Bloomington and Richfield. The Eagan Airport Relations Commission has reviewed the proposal and suggested a Resolution to the City Council that would oppose the extension as currently proposed and a memo from Administrative Assistant Hohenstein dated April 26, 1988 was included with the packet information. Mayor Ellison explained that he supported the Resolution but was concerned about the expected inadequacy of the airport runway facilities within a few years. McCrea moved, Gustafson seconded the motion to approve the Resolution and authorize its execution. All voted yea. R-88.27 PUBLIC IMPROVEMENT CONTRACTS 1. Eagan High School - Contract #88-12. The plans and specifications for utility improvements for the new Eagan High School have been prepared and it was recommended that the Council approve them and authorize the advertisement for bids to be opened at 10:30 a.m. on June 1, 1988 at the City Hall. Gustafson moved, McCrea seconded the motion to approve and implement the recommendation. All voted yes. 2. Lexington Square - Contract 488-16. The plans and specifications for Contract 488-16 covering storm sewer improvements in Lexington Square have been completed and staff recommended approval. Wachter moved, Gustafson seconded the motion to approve the plans and specs for Contract #88-16 and to authorize the Clerk to advertise for bids in the legal newspaper to be opened at 10:30 a.m. on May 27, 1988 at the Municipal Center. All councilmembers voted yes. 15 ~;vuncii eiinuCes May 3, 1988 3. Eagandale Center Industrial Park 9th and 10th Additions - Contract 488-10. The staff recommended approval of the plans for Contract #88-10 covering street and utility improvements in Eagandale Center Industrial Park 9th Addition. Mr. Colbert also recommended that the plans for Eagandale Center Industrial Park 10th Addition be combined into the 9th Addition and plans have provided for the incorporation. The DNR will not allow dredging of the south pond according to Mr. Colbert and only a small amount of fill will be installed on the north end. Wachter moved, Egan seconded the motion to approve the plans and to authorize the City Clerk to advertise for bids which would be opened at the Municipal Center at 10:30 a.m. on June 2, 1988. All voted yes. 4. Woodlands Addition and Hurley Lake - Storm Sewer Lift Station - Contract #88-11. The bids for the Woodlands Addition and Hurley Lake storm sewer lift station have been submitted. Tom Colbert explained an easement had not been obtained and recommended that the Council approve the alternate bid and if the easement is not acquired, that a change order would then be processed. Upon motion by Egan, seconded by Wachter, it was resolved that the alternate low bid of S. M. Hentjes & Sons in the amount of $179,564.58 be approved. All members voted in favor. 5. Braun Court - Street & Storm Sewer - Contract #88-6. The plans and specs have been completed for the Braun Court street and storm sewer project under Contract #88-6 and it was recommended that they be approved. Wachter moved, McCrea seconded the motion to approve the plans and authorize the advertisement for bids to be opened at the City Hall on May 24, 1988 at 10:30 a.m. All councilmembers voted in favor. 6. Well # 10 - Contract #87-27. After recommendation by the staff, upon motion by Egan, seconded McCrea, it was resolved that Change Order No. 1 to Contract #87-27 in the amount of a deduct of $700.00 be approved and that the Mayor and City Clerk be authorized to execute the related documents. All voted yes. 7. Well ~ 9 - Contract #85-26 - Change Order #3. Change Order No. 3 to Contract #85-26 consisting of Well #9 improvements covering Part A with an, addition of $4,750.00 and Part B with an additional $500.00 was recmmended to be approved. Wachter moved, Gustafson seconded the motion to approve and authorize the implementation of the recommendation for Change Order #3 to Contract #85-26. All members voted affirmatively. 16 euncii .,iinuces May 3, 1988 MUNICIPAL CENTER REMODELING CONTRACT The City Administrator reviewed with the Council the proposed improvement or remodeling of the basement area to office, space under the lobby for expanding police work stations and improvements to the existing floor covering in the police dispatch center, noting the successful bidder is Parkos Construction in the amount of $99,569.00. Art Dickey, the architect, was present and answered questions of the City Council members. McCrea moved, Egan seconded the motion to approve the Contract award to the low bidder, Parkos Construction, with a base bid of $99,569.00. All councilmembers voted in favor. CITY ATTORNEY - REVIEW OF CONDEMNATION & EASEMENT ACQUISITIONS City Attorney Paul Hauge reviewed a letter dated April 29, 1988 from his office regarding the acquisition of easements as follows: 1. McDevitt Property - Blackhawk Road - Project #488. Recommendation was made by the Public Works Director and the City Attorney's office that McDevitts be paid the sum of $5,400.00 for permanent and temporary easements for improvements under contract #488 consisting of the Blackhawk Road project. Wachter moved, Egan seconded the motion to approve and authorize the implementation of the recommendation. All voted aye. 2. Eagan vs. Carlson - Holland Lake Storm Sewer - Project #44R. The owner's appraisal of $52,800.00, commissioner's award of $37,800.00 with the City's appraiser $14,500.00 were reviewed consisting of the Carlson property on Cliff Road and Paul Hauge indicated that Judge Howe had requested that the City Council consider a proposed settlement of the condemnation action. Egan moved, Wachter seconded the motion to recommend up to $20,000.00 be paid to the Carlsons for the storm sewer pond acquisition. All voted yea. 3. DesLauriers - Holland Lake Storm Sewer - Project #44R. It was noted that the commissioners awarded $60,000.00 in damages for ponding area the City had not requested on the DesLauriers property and it was not flooded during the super storm of July 23, 1987. The DesLauriers appraiser estimated damages at $277,000.00 and commissioner's award of $60,000.00 and the City's appraisal was $1,150.00 for the lift station easement. After review by City Attorney Paul Hauge and Tom Colbert, no further action was taken by the Council. 17 .ounci± riinucas May 3, 1988 PROPOSED PICKETING ORDINANCE The City Attorney's office submitted a proposed draft Picketing Ordinance based upon a request of the City Council at an earlier meeting that consideration be given to such an ordinance. It was explained that two concepts were considered, including banning picketing in residential areas or requirement for permit for picketing within the City. Although no public hearing is required, it was recommended that a public meeting be scheduled with notice to allow citizen input. Egan moved, Wachter seconded the motion to request the staff schedule a public meeting to consider the adoption of a picketing ordinance. All voted in favor. ALCOHOLIC BEVERAGE LICENSE SUSPENSION/REVOCATION ORDINANCE REVISION A letter dated April 29, 1988 from Kevin Eide requesting the City Council review a proposed Ordinance amendment relating to action against the liquor licensee in the event of a violation was discussed by councilmembers. Because of the concern by licensees of liquor establishments within the City about the proposed revisions, it was recommended that a public hearing before the City Council be scheduled on June 7, 1988. Wachter moved, Gustafson seconded the motion to schedule a hearing at the regular City Council meeting on June 7, 1988 to consider the adoption of an ordinance relating to the suspension or revocation of a license under certain conditions. All members voted in favor. DIRECTOR OF COMMUNITY DEVELOPMENT POSITION Mr. Hedges indicated that a new position of Community Development Director has been scheduled by the City Council and a position write-up was submitted to the City Council in the packet. There was discussion about the possible need for workshop session to review the write-up in more detail and further review will take place at a later meeting. PILOT KNOB ROAD UPGRADING - GRADING PERMIT Public Works Director Tom Colbert explained that Enebak Construction Company was the successful bidder for the Pilot Knob Road upgrading project and had requested a grading permit to obtain good granular material from three locations near Pilot Knob Road. He asked direction from the City Council about noticing affected neighboring owners about the grading project. Staff was requested to contact the neighboring owners to allow 10 days to respond if there are concerns, or in the alternative, that the contractor acquire objections from affected neighboring owners, with notice to be made within 350 feet of each of the locations. Egan moved, Wachter seconded the motion to approve the guidelines described above. All voted yes. 18 Council Minutes May 3, 1988 SPECIAL CITY COUNCIL MEETINGS Upon motion by Egan, seconded McCrea, it was resolved that the following special City Council meetings be scheduled: Joint Council and Park Commission meeting on flay 26, 1988 at 6:30 p.m.; a Workshop on May 23, 1988 at 6:30 p.m. All members voted yes. NORWEST BANK - TEMPORARY SIGN REQUEST A sign company representative requesting direction from the City Council regarding a three foot by six foot double faced sign, 43 inches off the ground for Norwest Bank on Pilot Knob Road was requested. It was noted that an owner of the third lot, to the rear, most likely would request a sign and it was suggested an application be submitted to the City. LEXINGTON STANDARD CORPORATION - FLAG POLE DONATION John Hanson, the President of Lexington Standard Corporation has offered to donate flag poles to the City without cost, for the two fire stations and three at the Public Works garage. The Council directed the City Administrator to approve the donation with a letter of expression of thanks on behalf of the City Council members. EAGAN HIGH SCHOOL ADDITION - PARKING REQUIREMENT The City staff recommended that additional parking on the north end of the Eagan High School Addition provide for 20 car parking spaces. District #196 had suggested that an agreement be entered into to provide the parking requirement be waived at the present time but proof of parking be provided in the event that it becomes necessary to install the additional parking spaces. The City Council agreed with the staff that the additional parking spaces be required at the present time. SUPERIOR PAINT & COLLISION AUTO STORAGE An informal request had been made through the City Administrator's office by Superior Paint and Collision that it be allowed to store 100 new automobiles on site over two long weekends which location is adjacent to the Mediterranean Cruise near Highway #13. There were no objections on behalf of the City Council. 19 Council !~i1nure5 May 3, 1988 PILOT KNOB ROAD PROJECT Tom Colbert gave an update on the scheduling for the Pilot Knob Road improvement project, noting that Enebak Construction Company was awarded the prime contract, Fredrickson Excavating the utility contract, and McNamara Vivant, the paving portion of the project. HERITAGE PRESERVATION COMMISSION Mayor Ellison recommended that the Heritage Preservation Commission be organized to consider the preservation of the old town hall and other important historical sights in the City. He recommended that Ted Wachter be named as chair and the City Council members were requested to consider members to the Heritage Preservation Commission. EAGAN CITIZEN'S POLL Tom Egan indicated that Mayor Ellison had distributed a poll to households within the City and expressed his objections to the poll including the fact that the responses were requested to be returned to the City Hall. Mayor Ellison answered that the poll was privately sponsored and distributed by volunteers. ROYAL OAKS ADDITION - MECHANICS LIEN FORECLOSURE ACTION Paul Hauge indicated that the City had been served with a Summons and Complaint in a mechanics lien foreclosure action against one of the Royal Oaks Addition lots south of Yankee Doodle Road near Federal Drive. He stated that the City had been named a Defendant because it issued revenue bonds for the project in 1986 and recommended it was his opinion that the City should enter an Answer immediately so as to avoid a default, but that the trustee in the action should defend and cover any costs that the City incurs. The Council approved the recommendation. CHECKLIST Wachter moved, Egan seconded the motion to approve the following checklist dated May 3, 1988 in the amount of $264,412.94. All voted yea. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:30 a.m. All voted positively. PHH Clt flerk 20