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04/05/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 5, 1988 A regular meeting of the Eagan City Council was held on Tuesday, April 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, Consulting Engineer Bob Rosene, and City Attorney Paul Hauge. AGENDA Gustafson moved, Wachter seconded the motion to approve the agenda as distributed. All voted in favor. COUNCIL MINUTES Regular Meeting - March 15, 1988. Upon motion by Wachter, seconded McCrea, it was resolved that the minutes of the March 15, 1988 meeting be approved with the following exceptions: Page 6, concerning Lexington Square, member McCrea's concern about the adequacy of reviewing plans of storm sewer and constrsuction by the developers; page 7, should read "she further mentioned greater financial participation in relation to the Owners"; page 22, Pilot Knob Road, Project #466, construction is expected not inspected; page 22, dealing with Pilot Knob Road, should read "Diffley Road has a low traffic rating rather than Pilot Knob Road and after extensive", not extension. All members voted yes. Special Meeting - February 25, 1988. Page 1, Community Center No. 1 as indoor/outdoor swimming pool should be added. Special Meeting - March 9, 1988 - City Council; March 9, 1988 - Joint Meeting with Advisory Planning Commission; and March 24, 1988 - Special Meeting. Egan moved, Wachter seconded the motion to approve the foregoing Minutes of Special Meetings. All voted in favor. PUBLIC WORKS DEPARTMENT Burkhardt Plumbing - Outstanding Invoice. Tom Colbert explained to the City Council the difficulty that the utility division had in collecting an invoice for $28.26 from Burkhardt Plumbing and requested direction from the City Council. Mr. Hedges stated that a telephone call had been received from Mr. Burkhardt and that after some objections, he indicated he would pay the bill. Egan moved, McCrea seconded the motion to direct the staff to administratively 1 Council Minutes April 5, 1988 F3 forward one additional invoice to Mr. Burkhardt to request payment; if there is no response by the end of April 1988, that no further permits would be issued to Burkhardt Plumbing. Member McCrea suggested that the staff review a policy regarding withholding permits because of delinquent payments. All voted yea. PARK & RECREATION DEPARTMENT 1. Community Center RFP - Architectural Services. Park and Rec Director Ken Vraa was present and reviewed a memorandum dated March 29, 1988 from him directed to the City Council outlining a suggested request for proposals from architects for the City Community Center. It included both the process and selecting the architect and a time line for the phase one study. City Administrator Tom Hedges asked whether any council members desired to serve on the Interview Committee. Councilman Egan and Wachter agreed to become involved with the Committee. Member McCrea expressed that it was important to keep the planning department involved in the process. Gustafson moved, Wachter seconded the motion to approve the request for proposals providing for architectural services. All voted in favor. 2. Thomas Lake Shelter Building. Mr. Vraa stated that the Park and Rec Commission had given final approval to the building plan for the Thomas Lake Shelter building and requested approval from the City Council. His memo to Councilmembers dated March 29, 1988 indicated that the estimated building cost exceeded the projected budget by about $25,000.00. He portrayed the plans prepared by Schwarz Weber and noted the $25,000.00 overage was a conservative architect's estimate. The Park Committee recommended that alternates be provided for certain design features and member McCrea questioned where the funds for the project would be acquired. The answer was from federal and state grants and partial City funding. It was also proposed that the Park Site Fund would provide $25,000.00 to the community center and $10,000.00 to Thomas Lake Park Building. Egan moved, McCrea seconded the motion to approve the building plan for the Thomas Lake Shelter building including the alternate proposed, with the understanding that the contract to be awarded will be within budget and further to authorize the staff to proceed with the actual bidding for the project. All voted in favor. STAFF RECOGNITION City Administrator Hedges recognized Doug Reid having served 13 years as the Civil Defense Director, noting that that position will now be transferred to the Eagan Volunteer Fire Department Chief. In addition, he recognized Mike Reardon who had been approved as the Cable Coordinator for the Burnsville/Eagan Cable Commission and thanked Jon Hohenstein who had performed temporary duty as Cable Coordinator for Eagan in recent months. 2 Council Minutes April 5, 1988 CONSENT AGENDA The following consent agenda items were presented to the City Council and recommended by the staff for approval: 1. Personnel Items: a. Cable Coordinator. For information purposes, it was noted that Mike Reardon was selected as Cable Administrator to serve the Cities of Burnsville and Eagan, chosen from a field of 39 candidates. b. Ratification of VFD Pension Change. The recommendation was made that the City Council authorize final ratification of the new pension benefits for the Eagan Volunteer Firefighters Relief Association and require that the appropriate amendments be drafted for the Eagan Fire Department Relief Association's Constitution By- Laws. c. Planner I - Steve Schwanke. A recommendation was made that the Council accept, with regrets, the resignation of Steve Schwanke as Planner I in the Community Development Program and authorize the advertisement of vacancy in the Planner I position for the City. d. Student Intern Recreation. Bonnie Blood, an undergraduate student at the University of Minnesota has begun interning with the Department of Parks and Recreation for the spring quarter as part of her course requirements. 2. Plumbers Licenses. A schedule of 9 applications by plumbing firms for plumbing licenses was submitted and recommended for approval. 3. MWCC SAC Charges. A Resolution was submitted and recommended to be approved by the City Finance Director, that the City not participate in the Refund Program for certain SAC charges resulting from a change in policy regarding the collection of SAC fees for property where sanitary sewer service is not available. Mr. VanOverbeke cited several reasons recommending against requesting the refund from the MWCC and return to individual property owners as outlined in the packet material. R-88.15 4. Staff Mileage Rate Increase. The recommendation was made for an increase based upon a revision in the IRS allowances for the use of personal autos from $.20 to $.25 per mile for City employees. 5. Beautiful Savior First Addition - Survey Correction. It was recommended that the Council approve the land surveyor's Certificate of Correction of the Beautiful Savior First Addition plat submitted, in order to correct an error in the plat. 3 Council Minutes April 5, 1988 ee 6. Comserv Drive - Street Name Change. Recommendation was made that the Council authorize the name change from Comserv Drive to Yankee Drive, subject to MSA Advance Manufacturing, Inc. assuming the costs associated with the street name change. It was noted that the affected property owners had no objection to the name change. R-88.16 7. Assistant Weed Inspector. Recommendation was made that Jim McGuffee fill the position of Assistant Weed Inspector and carry out the noxious weed enforcement program for Mayor Ellison. 8. Pond AP-50 - Storm Sewer Outlet - Project #452. A report has been prepared and it was recommended that the feasibility report for Project #452 consisting of storm sewer outlet for Pond AP-50 be received and that the Council order a public hearing to be held on May 3, 1988 at the Municipal Center at 7:00 p.m. 9. Blackhawk Pond - Sanitary Sewer Lift Station - Project '4534. The staff indicated that the feasibility report has now been completed for Project #534 consisting of pond restoration and Blackhawk Pond sanitary sewer lift station and recommended that it be received and that a public hearing be scheduled at 7:00 p.m. at the Municipal Center on May 3, 1988. 10. Carlson Lake - Storm Sewer and Lift Station Upgrade - Project #535. A recommendation was made by the staff to upgrade the storm sewer lift station for the Carlson Lake outlet and in addition, some minor storm sewer improvements. The recommendation was made that a feasibility report for Project #535 be authorized. 11. Dodd Farm Addition - Final Plat. Upon application of the developer, the staff recommended approval of the final plat application for Dodd Farm Addition, based upon compliance with all City requirements. R-88.17 12. Pilot Knob Road Improvement - Traffic Signal Agreement. A Traffic Signal Agreement was submitted as part of the upgrading of Pilot Knob Road and it was recommended that the agreement with Dakota County covering Pilot Knob Road Project #466 be approved and authorized to be executed by the Mayor and City Clerk. 13. South Oaks - Street and Utilities - Project #536. A Petition was received from owners representing 20 lots in the South Oaks subdivision requesting installation of sanitary sewer, water, street improvements and street lights within the subdivision. The recommendation was made that the Council receive the Petition and authorize the consulting engineer to prepare the feasibility report. 14. Blackhawk Glen 3rd Addition - Final Plat. An application was submitted by the Developer of the Blackhawk Glen 3rd Addition for approval of the final plat and staff recommended approval subject to compliance with City requirements. R-88.18 4 Council Minutes April 5, 1988 15. Stoney Point Addition - Final Plat. The next final plat application reviewed consisted of Stoney Point Addition. The staff recommended that Council approve the application and authorize the execution by the appropriate officials, subject to compliance with City ordinance requirements. R-88.19 16. Dallas Development 2nd Addition - Final Plat Extension. A request has been received from Dallas Development Company for extension of the final plat approval for Dallas Development 2nd Addition. The previous extension of the final plat had expired and staff recommended the extension be granted until April 30, 1988, subject to a Planned Development Agreement being executed and delivered. 17. Bomb Squad Agreement. - St. Paul Police Department. Police Chief Berthe was present and recommended that an Agreement for services be entered into with the St. Paul Police Department Bomb Squad to assist the Eagan Police Department when necessary. He explained that three police departments have bomb squads including the St. Paul, Minneapolis and the MAC Police Departments. It was noted that the MAC police will assist Eagan at no cost because of a mutual aid agreement. Staff recommended approval of the Agreement with the St. Paul Police Department, however, noting that no cost would be involved unless the Airport Police were unable to assist the Eagan PD. Wachter moved, Gustafson seconded the motion to approve the foregoing consent agenda items as recommended. All voted in favor. RIDGEVIEW ACRES - STREETLIGHTS - PROJECT #522 Mayor Vic Ellison convened the public hearing regarding Project #522 consisting of street light improvements for Ridgeview Acres. Public Works Director Tom Colbert detailed the preliminary report including the proposed assessments along the west side of Blackhawk Road and the location and type of street lights that were proposed to be installed according to City standards. Carolyn Kompelien of 1726 Kyllo Lane, spoke against the project and stated that 37 persons favored and 35 signed a petition against the project. She was concerned about persons cruising through the streets in the evenings and also indicated that the Rose Hill Addition owners were the persons who started the Petition requesting the report and that they were not being assessed. She argued that the decorative lighting would not be a crime deterrent and that the Blackhawk Road intersections were not dangerous. She mentioned that there are 54 lots in Ridgeview and they are the only lots intended to be assessed according to her information. She then requested that the Ridgeview owners be allowed to initiate a Petition rather than those in Rose Hill, in the event that they favor it. 5 Council Minutes April 5, 1988 The owner of 1740 Kyllo Lane was present and stated that she had not been contacted about the Petition, that her lot would not be served because the home sits far back from the street. She recommended that costs for street lights be raised through taxation rather than being specially assessed and stated also that the buyers of their home opposed the project. Tom Colbert, upon question, indicated the Eagan policy is that existing subdivisions would get street lighting through Petition and assessments. A Petition was made for a study and not necessarily to install the project and that the Rose Hill lot owners have participated in installation costs when the plat was approved. The owners on the west side of Blackhawk Road are not intended to be assessed because the street lighting would be for internal streets within Ridgeview Acres. Floyd Heir of 3720 Knollridge in the Rose Hill Addition, stated that he started a Petition and safety was an important reason and argued that any street lights are a deterrent to crime. He requested approval of the project. Timothy Flanagan of 1745 Monterey Lane was opposed and recommended street lights on Blackhawk Road only. Mike Ryan of 1795 Crestridge appeared in opposition but would support lights being installed in Blackhawk Road. He also recommended that if the project is installed, that the assessments be levied against the owners on the west side of Blackhawk Road. Mr. Heir noted that he did not reach every home with the Petition and that he gave improper information to residents, stating in his belief, that there would be no direct cost to the residents. Mr. Colbert detailed the major street lighting policy in the City and mentioned that the Blackhawk Road intersections could be placed on a higher priority list, but they are not on the high priority level for street light purposes at the present time. Councilman Egan stated that if a majority of owners have changed their mind, the Council should honor the majority opinion but suggested reviewing the Blackhawk Road intersection for safety and priority purposes. Member McCrea mentioned that a clear majority of the affected owners should favor and this did not appear to be true. Wachter moved, Gustafson seconded the motion to deny the project based upon the reasons that were outlined above. All members voted in favor. 6 Council Minutes April 5, 1988 BLACKHAWK HILLS ROAD & FEDERAL DRIVE - EASEMENT VACATION A public hearing was scheduled for the vacation of a portion of Blackhawk Hills Road and Federal Drive. The staff mentioned that due to title and conveyance problems, the County has informed the City that it does not have title to the property proposed to be vacated. Upon motion by McCrea seconded Wachter, it was resolved that the hearing be continued until the City acquires the appropriate title to the property to be vacated. All members voted in favor. COUNCIL PROCEEDINGS - RECORDING Tom Hedges mentioned that the tape recorder was not working properly and that there was a lapse in time during which the taping of the meeting did not take place. SAFARI PASS - RIGHT-OF-WAY - VACATION The next public hearing convened by Mayor Ellison related to the proposed vacation of partial right-of-way of Safari Pass. Tom Colbert briefly reviewed the requested vacation and recommended approval. There were no objections to the project. Egan moved, Gustafson seconded the motion to close the public hearing and approve the vacation of a partial right-of-way and authorize the signing of the related documents. All councilmembers voted affirmatively. INDEPENDENT SCHOOL DISTRICT #196 - FIELD AGREEMENTS £4r. Hedges explained to the City Council that there are two Agreements that relate to joint use for field and tennis courts between the City of Eagan and Independent School District #196 at the Dakota Middle School and Eagan High School sites. The City Administrator and City Attorney again asked that consideration of the agreements be continued to April 19, 1983, until the final drafts are prepared and submitted to the Council. Gustafson moved, Wachter seconded the motion to approve the request for continuance. All members voted in favor. AIRCRAFT CORRIDOR FOR EAGAN/MENDOTA HEIGHTS The City Administrator explained that a joint workshop session was held by Mendota Heights and Eagan City Council members at the MAC office on March 28, 1988. The purpose of the meeting was to reach a mutual agreement between the two cities with MAC and the FAA on an acceptable aircraft corridor for arrival and departure flights on 11R and ilL runways. He noted that the Eagan Airport Relations Committee and Jon Hohenstein had worked on the issue for many months and that the Mendota Heights City Council had not yet made a final decision as of April 5, 1983. 7 Council Minutes April 5, 1988 Jon Hohenstein was present and stated that compatible land use is the important issue and that the original plan was laid out when the traffic was not as dense and at the present time, they cannot concentrate traffic in the center. Member McCrea asked whether Eagan's position will be presented at the MASAC meeting and Jon Hohenstein answered yes. She suggested that affected persons be encouraged to be present at the MASAC meeting and it was noted that positions of the two citys are very close. John Klein of 1495 Lone Oak Road asked what the 15 degree difference covers and Jon Hohenstein indicated there are no exact boundaries but the southerly line is generally on the north side of County Home Heights in Eagan. Mr. Klein stated that it was not true that flight controllers cannot control the flight paths. Mayor Ellison indicated that the Council is trying to reach an agreement with Mendota Heights before the MASAC and MAC action. William Skar of 1430 Skyview noted that Eagan and MAC had entered into an agreement in the early 1970's at the normal 110 heading and then 5 degrees to the left would be implemented and objected to allowing an additional 5 degree heading. Member Wachter stated the City has not deviated from 1970's Land Use Plan for the area. Jon Hohenstein noted that the heading is not 110 degrees, but rather about 118 degrees and the effect would be to split the traffic north and south of the appropriate heading. Marsha Easton of 1360 Lone Oak Road, asked for a tracking schedule and Councilman Egan mentioned that it was important for Mendota Heights and Eagan to work together. Egan moved, McCrea seconded the motion to approve alternative No. 2 that allows an assigned heading of 100 from 11L and 115 from 11R and further, that the recommendation be forwarded to MASAC with the understanding that the City staff will continue to work with the Mendota Heights staff regarding the agreed upon heading prior to the MASAC meeting. All voted in favor. A 10 minute recess followed. BIETER VS. CITY OF EAGAN - LAWSUIT SETTLEMENT At 8:15 p.m., City Administrator Tom Hedges reviewed the background of the action entitled Bieter vs. City of Eagan commenced in the spring of 1987 requesting an Order of the Court granting the rezoning of approximately 95 acres owned by the Bieter Company at the northeast intersection of I-35E and Diffley Road. At the February 16, 1988 City Council meeting, a proposed settlement from the Bieter Company was given consideration but not acted upon. During late February and early March, the City was again contacted 8 Council Minutes April 5, 1988 e, ~3 by the Bieter Company and asked to consider a settlement, generally providing for PD-CSC and PD-RB/LB zoning of the westerly 48 acres and the balance to remain Agricultural and D-II Land Use. At an Executive Session of the City Council on March 15, 1988, direction was given to the staff and City Attorney's office to negotiate the terms of the proposed settlement and that a public meeting be held on April 5, 1988 to allow the settlement terms to be discussed and members of the public to express their opinions. Dale Runkle, City Planner, then explained the original proposal of 1986 and the current proposal by the Bieter Company and noted the changes. City Attorney Paul Hauge was requested to bring the Council up to date regarding the settlement negotiations and mentioned he had reviewed several proposed drafts of a written agreement over the past three weeks which generally provided that in the event that the City Council approves the Settlement Agreement, an Order of the Court would be requested allowing the rezoning and Comp Guide revision. There would be no action on the preliminary plat at the present time, but the lawsuit would be stayed until the zoning and Comp Guide changes had been carried out. If the rezoning would not be accomplished, then the lawsuit could be reinstated. Further, there was an agreement not to sue the current or former officials of either party or their agents. Councilmember McCrea stated that some people asked whether the property would be townhouses if it's not rezoned to commercial and Mr. Runkle explained that the D-II use would include 0 to o' units per acre from single family to townhouse use. Jan Smith of 2070 Marble Lane appeared representing her family and some of her neighbors. She was concerned that the residential area would become a McKee Addition type area, isolated by freeways and shopping centers. She cited the names of 9 shopping centers in the general area and noted that the Bieter property is 1.7 miles from her home in Cedar Grove. Her opinion was that another shopping center was not needed and that the Council should not settle the lawsuit. She asked questions including the following: 1. Weren't members elected to protect all the Eagan residents? 2. Why does the Bieter issue keep coming up? 3. Why does the Bieter issue constantly come up at Executive Sessions? 4. Is the answer that some City officials are obligated to Bieter owners? If it is true, then it was her opinion that such members should abstain from voting. 9 Council Minutes April 5, 1988 Councilman Gustafson mentioned that Eagan had several shopping centers partially empty, generally of a smaller nature. He felt that the City should have some major centers and that he was fearful that the City could lose millions of dollars if Bieter amends its Complaint in the lawsuit. Mr. Gustafson said doing best for Eagan is important and settling the lawsuit would not be a precedent and that the principal is the same as settling another City lawsuit. Timing of the Executive Sessions is not critical, it's normal procedure to discuss lawsuits according to Gustafson, and 60% to 70% of his campaign funds came from persons related to the Bieter group, but he was not obligated to that developer but only to the citizens of Eagan. Jim Curry appeared and stated that the settlement was a thinly veiled attempt to settle with less than 4 votes and it would be circumventing the rules. Mayor Ellison asked Paul Hauge if at least a 4 to 1 vote was required. His answer was that it would be desirable that the Council vote to settle a lawsuit such as the Bieter case by at least a 4 to 1 vote. Joe Harrison of Beam Lane, a former Planning Commission member, mentioned that the Comp Guide was set up to protect the City. Members of the Bieter group came to his home two years ago and he told them that there was too much commercial at that time. He objected to the revision of the zoning and stated the Council should not settle on the proposed basis. Colleen Hippler, a resident was opposed and warned that there would be a class action against the City if it was settled. Pat Dahlgard of 1587 Hickory Hills stated she had a Petition opposing rezoning and that there is sufficient commercial zoning at the present time. John Klein of 1495 Lone Oak Road indicated the public did not get adequate right to speak on the commercial guide revision and favored the commercial use of the Bieter property as the best use because it will create a higher: tax base. Richard Croke asked what the time table on the commercial study was and the answer was it would be completed in 6 to 8 weeks with some preliminary results in early May. He was opposed to the commercial study. Arnold Carlson of 1255 Wilderness Run Road stated some people don't want competition and favored the proposal. Ray Kaufenberg of 1503 Clemson Court was opposed to the Center and indicated the proposal does not take topography into account and suggested moving the center back and north of Diffley if it's constructed. 10 Council Minutes April 5, 1988 arb. ,a Mark Parranto of 4537 Lake Park Drive mentioned that as the developer of the property east of the proposed Eagan High School, that he had no trouble selling the lots immediately across from the football field and also lots that he developed next to the Eagan Public Garage. Buyers want to shop close to their homes and he suggested the members vote on the basis of what each thinks is right. Kathryn Scott of 1.362 Chatterton appeared and opposed the rezoning. John Wells of 1830 Kathryn Circle stated traffic would become very heavy if the property was zoned commercial and was in opposition. Mike Casey of Falcon Way near Town Centre shopping area believed it will increase the value and believed there was a mandate by the citizens who elected the current council members. He supported the proposal. Nancy Bruggemann, 4835 Safari Court So., indicated that shopping centers create higher tax base, which is needed in Eagan and favored the project. She stated all of her neighbors were in support of the commercial site- at Diffley. Al Reber, a resident, favored the site for commercial use. Julie Bennett, 1500 Auburn Court, understood the property was to be used for residential use and it's important to stay with the Guide Plan. Kurt Lawton, 1961 Beaver Dam Court, was opposed to the Cliff Lake project originally, but now agrees with it. He is opposed to the Bieter site. Arlene Krecklau, 4319 Kirsten Court, asked if Mr. Hedges favored the settlement. Mr. Hedges did not favor the settlement, but stated that the City Council needs to consider any lawsuit brought against the City on the merits. She mentioned that she had asked that a larger representative group in the City be formed to be involved in the commercial study and member McCrea suggested that after the commercial study is completed, that such a group be set up and that she would support formation of the group at that time. Ms. Krecklau asked a number of questions including whether the Bieter and Cliff Lake sites traffic studies have been completed and the answer was that the Bieter traffic study was done at the time the application was first submitted and that the Cliff Lake traffic study has generally been completed. She cited a great deal of empty space in the Cedarvale area and was opposed to rezoning the Diffley parcel. She submitted a Petition that had been signed by persons at Trail T.V. in Cedarvale in opposition. 11 Council Minutes April 5, 1988 A an She argued that the City had a good defense to the Bieter lawsuit and there is no showing that more commercial land is needed. She felt that the Bieter site should have a complimentary use and was opposed to the use of Executive Sessions to keep issues away from the public. She was concerned about harming the City's defense in the lawsuit. She warned that other lawsuits are possible if the settlement takes place and suggested that the plan be opened to further review, including the effect upon services and other land uses. She mentioned that the Cliff Lake site will be assessed more than the actual cost for the improvements and argued that the Bieter EAW has not been submitted to the City staff. Jim Unker of 1775 Cliff Road, favored the project and mentioned several ingredients that were good for a commercial center. Joe Harrison objected to the additional commercial which will add to the commercial strip along I-35E. Mark Parranto mentioned that if the Comprehensive Guide is not changed, then it should be enforced uniformly throughout the City. John Klein answered some of the comments of Arlene Krecklau and discussed road development and the methods of payment of such development. After a 5 minute recess, Mayor Ellison presented his views. He stated the Land Use Guide is the bible, but the Council should allow deviations if there is a good case. There is plenty of commercially zoned land but not enough commercially built land. There have been changes in uses, including the Dayton-Hudson site, and part of the Diffley-Lexington site through the years. He mentioned that people who oppose the project have shown up but that he found that the residents were 10 to 1 in favor when he was campaigning for election as Mayor. 12 spoke against and 7 in favor during the course of the present meeting according to Mr. Ellison. It was his opinion that it was better to disperse the commercial uses to allow some centers of up to 300,000 to 400,000 square feet and mentioned that the traffic study for the Bieter site indicated slightly more car trips per day for commercial rather than residential use. He further indicated that the Bieter site is a better site for commercial purposes than the Cliff Lake site and stated that he thinks the commercial study will indicate there is enough commercial land but some of it is in the wrong location. If the decision on the Bieter site is made during the meeting, that decision could then be included in the commercial study. He favored the settlement because he thought that the commercial use is correct. He further mentioned that less than 10% of his campaign funds came from persons involved in the Bieter Company. 12 Council Minutes ?a k April 5, 1988 Member McCrea did not agree with the proposal to settle the lawsuit at the current meeting and suggested that the applicant follow the normal hearing process. She favored review of the rezoning in this case like any other rezoning. She mentioned that the Planning Commission and Council in their joint meetings did allow public input during the Comprehensive Guide Review. She noted that this is a "swing" property and it could be commercial or large residential lots. Member Egan stated that he sat through many hearings dealing with the Comprehensive Guide review and the Council should be careful in changing uses. He noted the differences between the Bieter and the O'Neil settlements, indicating in the O'Neil case, the property was locked in by Industrial-Commercial zoning, the Bieter site has residential partially surrounding it, Bieter has not been discriminated against. No Bieter representatives were present during the current meeting and if the rezoning took place tonight, that they would not be able to explore all of the environmental issues according to Eagan. Social, fire, economic impacts also were requested at the Cliff Lake site and should be reviewed with the Bieter location. Erosion control and tree removal were other important issues. He argued that the Council should not settle lawsuits based on threats that the defense costs will be great and suggested the retail needs and traffic analyses should be completed before a decision. He noted that the Cliff Lake site was destined to be developed commercial because of its designated uses. Councilmember Gustafson mentioned that doing best for Eagan is not intended as a criticism of Council or staff. The O'Neil and Bieter situations are different but the principles are the same. Councilman Wachter noted that the City Council made a proposal to Bieter and if it is not accepted, that it should then be returned to the Advisory Planning Commission for review and recommendation. On question of Paul Hauge, he indicated that the hearing could be held before the Planning Commission in April and the Council could hear the application at its first meeting in May. Councilman Egan was opposed to the public hearing if Bieter is not willing to submit a new application and Councilman Wachter agreed. Mayor Ellison suggested, however, that the Council should give a consensus before it is sent to the APC. Mr. Wachter suggested that the hearing be scheduled before the APC and let the Bieter Company decide whether to submit an application. McCrea favored Bieter carrying the project to the APC, partially because of the cost, and it was important to get all the evidence before the Planning Commission. 13 Council Minutes April 5, 1988 After extended discussion, Ellison moved, Gustafson seconded the motion to send the proposal for rezoning the westerly portion of the site from PD-CSC and PD-LB/RB and CSC-Comp Guide to the Advisory Planning Commission and in addition, approval of a preliminary plat and that the Bieter Company be given an opportunity to submit an application for the Bieter site based upon its proposal that was last submitted to the City including the easterly portion remaining D-II Land Use and Agricultural zoning. The City Attorney was asked whether its lawsuit would be weaker if Bieter submitted an application and appeared during the process. Mr. Hauge's answer was that that was the position taken by the Bieter Company attorney but he was uncertain as to whether a Judge or jury would take that into account in making a decision. All members voted yes except Egan who voted no. (11:05 p.m.) BLUE BELL ICE CREAM - BUSINESS SOLICITATION LICENSE An application was submitted by Glen Baron of Blue Bell Ice Cream, Inc., 3218 Snelling Ave., Minneapolis, for a business solicitation license to operate on public streets within the City. Mr. Baron was present and upon question, Mr. Hedges stated there had been no complaints about the Blue Bell operation in prior years. Egan moved, Wachter seconded the motion to approve the application, subject to the same conditions that were imposed upon Blue Bell pursuant to the City's March 19, 1987 letter. All voted yes, except McCrea who said there should be a control on the number of trucks selling ice cream on the streets for safety purposes. PENGUIN ICE CREAM - REQUEST FOR BUSINESS SOLICITATION LICENSE The application of Penguin Ice Cream, Inc., 711 Vandalia Street in St. Paul for a business solicitation license on public streets within the City came to the Council. After discussion, Egan moved, Gustafson seconded the motion to approve the application with the same conditions as those imposed upon Blue Bell, noting that to deny the application would be discriminatory. All voted in favor except McCrea who voted against. THOMAS LAKE WOODS - REZONING, PRELIMINARY PLAT & VARIANCE An application of Meritor Development Corporation for Comprehensive Guide Plan amendment from D-II to D-I, planned development from R-4 PF and R-3 to R-3 and R-1 and preliminary plat consisting of 60 townhouse units and 27 single family lots on 39.3 acres within Blackhawk Park Planned Development, located west of Thomas Lake Road, south of the NSP easement next was considered by the Council. Mr. Hedges introduced the application and Dale Runkle described it for the City Council members. The Planning Commission recommended approval subject to certain conditions. 14 Council Minutes April 5, 1988 Larry Frank on behalf of Meritor Development was present and described two pipeline easement constraints and the pond in the southeast corner. The quads would sell from $80,000 to $85,000 up to $150,000 per unit, and single family houses were expected to be in the $110,000 to $160,000 price range. The project consisted of down-zoning and there were no objections. Wachter moved, Egan seconded the motion to approve the comp guide amendment as requested. All voted yea. Egan moved, Gustafson seconded the motion to approve the application for Planned Development zoning as requested. All voted in favor. Gustafson moved, Wachter seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 15 Council Minutes April 5, 1988 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 9. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 10. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 12. The developer shall provide notice to each potential buyer of the existence of the Northern Natural Gas and Williams Brothers Pipelines. 13. The cul-de-sacs of variances of 650 to 700 feet shall be approved based upon the terrain and topographic features. 14. Outlot B shall be accepted as a donation for Willmus Park and Outlot C shall also be accepted with the following provisions: a. Developer shall be responsible for the grading, (working with the City to determine the appropriate measures to maintain consistent quality) and the City to be responsible for the trail surface. b. The developer shall include an 8 foot bituminous trail link on the west side of Thomas Lake Road. All voted affirmatively. TOWN CENTRE 70 9TH ADDITION - CONDITIONAL USE PERMIT AND PRELIMINARY PLAT The application of Federal Land Company for preliminary plat approval of Town Centre 70 9th Addition consisting of 4.3 acres including one 0.81 acre lot for Pizza Hut restaurant and a conditional use permit for pylon sign east of I-35E and west of Town Centre Drive, was brought to the Council. The Planning Commission recommended approval with conditions. Dale Runkle described the concerns of the City Council including the review of the access points from Town Centre Drive, noting the offset from the access to the main Town Centre Commercial Center, the Town Centre Sign Agreement and its impact on the pylon sign, noting the Sign Agreement provisions have been met and the landscaping which had been significantly improved. 16 Council Minutes April 5, 1988 Charles Bartholdi appeared on behalf of Federal Land Company and indicated no objections to the conditions. Clyde Wright, the construction supervisor, was also present and answered questions of the City Council. Mr. Bartholdi stated that future lots are anticipated to be larger along the freeway. Mr. Wright answered the question that it would be a corporate owned restaurant and the attempt is to keep Pizza Huts restaurants 5 miles apart. Egan moved, Wachter seconded the motion to approve the preliminary plat application, according to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 5. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 6. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 7. No direct connection into the existing sanitary manhole located in Town Centre Drive will be allowed. 8. The Pizza Hut pylon sign shall be located along Town Centre Road and be subject to the one-time fee of $2.50 per square foot. All voted yes. It was noted that the two signs will be 287 feet apart including the Pizza Hut and major center sign. Egan moved, Gustafson seconded the motion to approve the application for conditional use permit. All voted yea. 17 Council Minutes April 5, 1988.'. TOWN CENTRE 70 1ST ADDITION - MAJOR PYLON SIGN CONDITIONAL USE PERMIT Dale Runkle described the application of Federal Land Company for conditional use permit to allow a 35 foot tall pylon sign for the Town Centre Shopping Center on Outlot B of Town Centre 70 1st Addition. The APC recommended approval at its March 22, 1988 meeting with certain conditions. Each of the sides, according to Mr. Runkle, will be 12 feet by 13 feet with 166 square feet per side. There would be no other wording on the sign, according to Mr. Bartholdi who was present. Gustafson moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The one-time sign fee of $2.50 per square foot shall be required for all four sides. 2. The maximum height shall be 35 feet, and size shall be 166 square feet per side. All voted in favor. DAN BAR COMPANY - MINI-STORAGE - CONDITIONAL USE PERMIT An application of Dan Bar Company to allow an on-site residence for mini-storage facility on Lot 6, Block 2, Sibley Terminal Industrial Park, adjacent to Highway #13 came to the Council. Dale Runkle explained that the application was for conditional use for residence only in the proposed 4-story storage building within the L-I (Light Industrial) district. The building would consist of a 71,775 square foot foot-print with four floors totaling 287,100 square feet. Mr. Dante, the developer, was present and portrayed renderings of the building. The exterior would be concrete and steel and he answered questions stating that the normal life expectancy for conversion purposes is different from the standard one-story mini- storage. It would include Type I construction and noted the building could be converted to parking lot use. It would be the first use of this kind in the country, according to Mr. Dante. Wachter moved, McCrea seconded the motion to approve the application, subject to these conditions: 1. There shall be no storage or parking on the roof of the building. 2. All signage shall conform to City Code requirements. 3. The detailed landscape plan shall emphasize the Highway #13 corridor image. All voted yes. 18 Council Minutes April 5, 1988 CALVARY MEMORIAL CHURCH - WAIVER OF PLAT An application of Calvary Memorial Church to split Lot 2, Block 1, Sunset 10th Addition was next considered by the Council. Dale Runkle explained that the application was to split a portion of Lot 2, Block 1 and that the residue be added to two adjacent lots, including Lot 1, Block 1, Sunset 10th Addition and Lot 6, Sunset 11th Addition. The APC recommended approval and there were no objections. Pastor Randy Barrows was present and agreed that a single ID number should be retained for the portions added to the two lots. Wachter moved, Gustafson seconded the motion to approve the waiver of plat to split Lot 2, Block 1, sunset 10th Addition, subject to the following conditions: 1. All applicable code ordinances shall be complied with. 2. No additional building permits will be allowed on the newly- created parcels for residential homes and single tax parcels will be created for each of the three affected lots. All voted yes. R-88.20 OLSON ADDITION - PRELIMINARY PLAT The application of Don and Mary Olson for preliminary plat approval of Olson Addition consisting of 1.05 acres of R-1 zoned land within Eagan Hills West PD to include two single family lots was next considered. The Planning Commission recommended approval with conditions. Dale Runkle briefed the application and the Olsons were present. There were no objections and Egan moved, Gustafson seconded the motion to approve the application, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 19 Council Minutes April 5, 1988 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 6. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 7. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 8. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 9. The applicant shall connect to City water on Lot 1. All members voted yea. See Plat File WHISPERING WOODS 4TH ADDITION - REZONING & PRELIMINARY PLAT The application of Burnsville Lumber Company to rezone 4.7 acres from A (Agricultural) to R-i containing 14 lots and preliminary plat approval of Whispering Woods 4th Addition was then considered by the Councilmembers. In addition, a variance request for a 10 foot front yard setbacks for Lots 2 to 5, Block 4, and 20 foot front yard setbacks along Slater Road for Lots 23 and 25, Block 2, and Lots 11 and 12, Block 4. Dale Runkle introduced the application and noted that the staff recommended that the developer preliminarily plat the entire parcel to review utility and street plans and noted that the owner preferred not to rezone the entire parcel to avoid substantial tax increase. Before further development, however, the rezoning of the balance of the parcel will be required as each parcel is platted. Scott Hilla was present on behalf of the applicant and explained the steep terrain problems and the reasons for the variances, noting the hardships involved. Dave Felker, 2252 James Street, explained concerns that he and his wife had about the ponding level behind their home on the Whispering Woods 4th Addition property. He stated the proposed pond level's high water mark is 960 feet and the Felker walkout basement is 959.9 feet. He expected that the outlet will not handle the drainage in the area. Mr. Colbert stated it was feasible to reduce the storm water level to insure no water problems and Scott Hilla objected that the developer be required to incur the additional storm sewer cost. He went through a detailed explanation of the storm sewer and the Council asked the staff to review the issues. 20 Council Minutes April 5, 1988 McCrea moved, Wachter seconded the motion to approve the rezoning application. All voted yes. McCrea moved, Egan seconded the motion to approve the application for preliminary plat, subject to these conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property' or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent boadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 21 Council Minutes April 5, 1988 11. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 12. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 13. Subsequent rezonings to R-1 districts shall be required with each phase of development prior to the preparation of the final plats. 14. The variances as listed in the staff report shall be approved. 15. Lot 24, Block 2, shall have a southerly access with 30 feet at the street right-of-way line. 10. There will be no access from Lot 24 onto Slater's Road. 17. The developer shall work with the City Engineer to resolve storm drainage problems to the City's satisfaction. All voted yes. Egan moved, McCrea seconded the motion to approve the variances, based upon the hardship regarding terrain and topography. All Councilmembers voted yes. See Plat File SUBDIVISION REGULATION - ORDINANCE AMENDMENT - CODE SECTION 13.30 Tom Colbert noted that the City staff spent several work sessions making recommendations and overhauling internal procedures that would insure a more comprehensive review process by all City departments for development applications. The draft of proposed changes to Code Section 13.30 under the subdivision ordinance regarding preliminary plat submission requirements was discussed and the Advisory Planning Commission recommended that the changes be forwarded to the Developer's Task Force for review and recommendation. Mark Parranto was present and explained to the City Council the burden that some of the revisions would place upon developers and recommended the Developer's Task Force review. He complained that the utility design, for instance, at the preliminary plat level would require nearly complete utility design submission. Member McCrea recommended that representatives of the developers be involved in the planning process and Mr. Hedges recommended no greater than a 30 to 45 day time frame for review and recommendation to the Council. 22 Council Minutes April 5, 1988 Wachter moved, Egan seconded the motion to forward the recommendations to the Developer's Task Force for review and recommendation and that they be resubmitted to the City Council on May 18, 1988 or if necessary, to the Advisory Planning Commission at its regular May meeting for recommendation. All councilmembers voted in favor. WOODLANDS ADDITION & HURLEY LAKE STORM SEWER - CONTRACT #88-11 Plans and specifications were submitted and it was recommended the council approve the plans for Contract #88-11 consisting of storm sewer lift station in the Woodlands Addition & Hurley Lake and authorize the advertisement of bids to be opened at 10:45 a.m. on Thursday, April 14, 1988 at City Hall. McCrea moved, Egan seconded the motion to approve and implement the recommendation. All voted yes. PUBLIC WORKS FRONT END LOADER - VEHICLE #144 The bids had been received for the front end loader for the Public Works Department labeled Vehicle #144 and Tom Colbert reviewed the bids with the Councilmembers. He indicated that the maximum guaranteed maintenance cost was requested, as well as guaranteed repurchase value over a period of 5 years. He noted that this was the third piece of equipment bid by the City on a total cost bid basis. Two of the three bidders met specifications but identified variances and specs. The low bidder was Ziegler and the staff recommended approval, based upon the comparative analysis done by the Maintenance Dept. staff. Peter Borchert of Borchert-Ingersoll appeared and stated that Borchert-Ingersoll submitted the low bid and also was a taxpayer in Eagan. He argued that Borchert complied with all aspects except the guaranteed repurchase portion and addressed the differences in the specifications showing a net bid of $110,796.00 for Borchert, $117,390.00 for Carlson, and $139,991 for Ziegler, with guaranteed maintenance included in the Borchert bid, $3,000.00 for Carlson and $4,500.00 for Ziegler. He stated that a premium was being paid for the guaranteed repurchase with interest being paid at the beginning. He computed the resale value based on auction values and indicated the total cost for Borchert machine was $55,558.00 for Borchert, $87,512.00 for Carlson machine and $99,131.00 for the Ziegler machine. Borchert would not guarantee the repurchase and Colbert stated the staff's computations are accurate in his estimation. Ronald Erhart, the street superintendent, explained the process noting the transmission is a major item and recommended the Ziegler transmission. He indicated in his report that the Ziegler hitch is a much heavier unit. Mayor Ellison was concerned that the specifications are two tight and Mr. Colbert stated that the staff does not write limited specifications and allowed for deviations to be noted by bidders. 23 Council Minutes April 5, 1988 After extended discussion, Egan moved, Wachter seconded the motion to approve the recommendation of the staff and award the contract to Ziegler for the Ziegler Caterpillar 950E, based upon the reasons outlined above and the reports of the staff and that Ziegler was the lowest responsible bidder, there were significant specification differences, the overall price is lower and that there had been considerable experience by staff in the specification drafting and bidding process. Mr. Borchert again presented his position and Mr. Gustafson stated that the bidding process appeared to be wrong because the City would pay more today to save a small amount later. Those in favor were Egan and Wachter; those against were McCrea, Ellison and Gustafson. Ellison then moved, McCrea seconded the motion to direct the staff to prepare specifications and authorize the rebid including alternate guarantee repurchase and straight purchase. All members voted yes except Wachter who voted no. SALT STORAGE FACILITY CONTRACT Tom Colbert explained that bids were taken on April 1, 1988 for the construction of a salt storage building on the Public Works Maintenance facility property. He reviewed the alternates and noted that the low bidder was John Lienen Construction with a base bid of $54,500.00 and stated that the base bid alternate No. 1 and No. 2 did not meet specifications. He recommended approval of the Park Lane Construction & Development Corporation base bid with alternate No. 1 of $67,750.00 which is the second low bidder. The Lienen Construction bid did not meet the specifications because the minimum center clearance and door height is only 24 feet with the specs being 30 feet and that the City did not receive certified design drawings for the building. Egan moved, Wachter seconded the motion to approve the second low bidder of Park Lane Construction & Development Corporation Alternate No. 1 based upon the recommendation. All members voted in favor. WELL #5 - CONTRACT #88-19 It was recommended that the plans and specifications for Contract #88-19 Well #5 pump repair be approved. McCrea moved, Wachter seconded the motion to approve the plans and specifications for Contract #88-19 and authorize the advertisement of bids for bid opening to be held on April 18, 1988 at 10:00 a.m. at the City Hall. All voted yea. 24 Council Minutes April 5, 1988 GREENSBORO 2ND ADDITION - CONTRACT #87-11 Mr. Colbert reviewed Change Order No. 2 for Contract #87-11 and upon motion by Egan, seconded Wachter, it was resolved that the Change Order be approved covering utility and street improvements for Greensboro 2nd Addition. All members voted yes. BLACKHAWK ROAD - UTILITY & STREET IMPROVEMENTS - CONTRACT #87-17 A four-part change order to Contract #87-17, Blackhawk Road street and utility improvements was brought to the Council. Mr. Colbert reviewed and recommended approval. Egan moved, Gustafson seconded the motion to approve Change Order No. 1 and to authorize the Mayor and City Clerk to execute related documents. All voted affirmatively. WHISPERING WOODS 2ND ADDITION - CONTRACT #87-36 Mr. Colbert recommended the approval of Change Order No. 1 to Contract #87-36 consisting of storm sewer improvements in Whispering Woods 2nd Addition. Wachter moved, McCrea seconded the motion to approve the recommendation of the staff and authorize its implementation. All members voted yea. STAFFORD PLACE - NORTHVIEW PARK ROAD -CONTRACT #87-24 After recommendation by the City staff, upon motion by Egan, seconded Wachter, it was resolved that Change Order No. 3 to Contract #87-24 consisting of trunk utilities in Stafford Place/Northview Park Road be approved, contingent upon approval of the proposed preliminary plat for Bridle Ridge 2nd Addition to be considered at the April 19, 1988 City Council meeting and authorize the signing of the related documents. All voted yes. LeMAY LAKE HILLS - CONTRACT #86-E The recommendation was made that the Council accept Contract #86-E consisting of street and utility improvements in LeMay Lake Hills for perpetual maintenance. Wachter moved, Gustafson seconded the motion to approve and authorize the implementation of the recommendation. All councilmembers voted in favor. CLIFF LAKE CENTRE - GRADING PERMIT EX-29-068 Tom Colbert explained that as a condition to preliminary plat approval of Cliff Lake Centre project at the December 1, 1987 City 25 Council Minutes April 5, 1988 Council meeting, the Council directed staff to forward the approval of the grading permit to the Council for its review and decision. He explained that the comment period for the Indirect Source Permit, ISP 88-3, does not end until April 18, 1988 and that the grading permit cannot be issued until the ISP has been issued. In addition, landscaping information has now been submitted. There was concern, however, about the number of trees that would be removed and the grading plans appear to be in conformance with City standards. Bill McHale and other representatives of Cliff Lake Centre were present and Mr. McHale stated that he expects that all trees will be saved that are shown on the plat. The draft ISP has been issued and grading will not proceed until the ISP has been formally issued. The developer has made a commitment to save the trees and will use its best efforts including transplanting 4 to 6 inch trees, according to Mr. McHale. Egan moved, McCrea seconded the motion to approve the grading permit with administrative issuance upon the formal issuance of the ISP and subject to all City requirements. Mayor Ellison indicated that he is not prepared to vote until the final plat is approved. All voted in favor except Ellison who voted no. Mr. McHale asked whether a conditional use permit was required for the building setback for the Super Valu building. The consensus was that in effect the conditional use was granted because the Council had requested that the building be moved further away from the lake, thus requiring the variance area and that no formal permit need be issued. There was discussion concerning the roadway issue and Dale Runkle asked direction of the Council. He indicated that there had been no exhibit submitted until recently as to how the road alignments would line up and he understood that the December 1987 road alignment was fixed. He noted a 30 to 40 foot differential basically where the Super Valu building would be located. Bill McHale stated the total square footage is less and complies with the State Aid standards which cause the road alignment deviation. Mr. Hedges noted that certain changes are state aid directed and the Planning Department's analysis is based on Council direction that it not allow the road to move to the north. Councilman Egan indicated that if the road is moved to the north, there would be less dense commercial development and Mr. Colbert stated that the change came from the graphic overlay. Mayor Ellison explained that complying with an engineering requirement should not allow a planning variance, but there was general consensus that the platting process should continue. 26 Council Minutes April 5, 1988 TESSERACT SCHOOL BUILDING PERMIT - VARIANCE Michael Sill of Road Machinery and Supplies Co. requested authorization to expedite the platting process and grant a building permit prior to final plat approval to construct the Tesseract School on the Sill property on Silver Bell Road. Tom Hedges detailed the request and Mr. Sill and representatives of Tesseract were present. It was explained that the contract with Dallas Development Company for the construction on the Dallas Development property at Highway #13 and Silver Bell Road has been defaulted and that Tesseract has attempted to find another site throughout the City. It currently has 112 students and because the lease in the current location will expire August 31, it is important that the platting process and construction process commence as quickly as possible. There would be about a 100 day construction schedule. There is other space available but there are strict school requirements, according to the representative and rehabilitation of the space would be required. Member McCrea noted the hardship involved and the adjustment of elementary children is an important issue. After discussion, Gustafson moved, Egan seconded the motion to approve the recommendation for the variance and direct the staff to expedite the platting process for issuance of the building at the May 17, 1988 City Council meeting, with appropriate agreement satisfactory to the City entered into, including financial guarantees. Mr. Colbert explained that in 1978, the Michael Sill final plat was approved but not recorded. Utilities were installed and easements were not granted. Mr. Hedges noted the importance to provide safeguards to stop the project if necessary to do so. Walter Rockenstein, attorney for Tesseract, appeared and indicated that the Tesseract organization will post guarantees at the preliminary plat stage. All members voted in favor except Wachter who voted against. PONDVIEW PUD The City had been contacted by Benson-Orth General Contractors, retained by the Fairview Development Group to construct an Urgent Care facility on Lot 2 in the Pondview Planned Development. A condition regarding the Reid property is not acceptable to several parties who are required signers of the Planned Development Agreement. Upon motion by Egan, seconded McCrea, it was resolved that the issue be continued until the next regular meeting. All members voted in favor. 27 Council Minutes April 5, 1988 NO PICKETING ORDINANCE Kevin Eide, the Prosecuting Attorney, and Police Captain Geagan have recommended to the City Council that it authorize the necessary research of an Ordinance and preparation of a draft Ordinance that could restrict or forbid picketing in residential areas in the City. It was noted that there are some strong First Amendment issues and a challenge is always possible. Egan moved, Gustafson seconded the motion to direct the staff and prosecuting attorney's office to prepare a draft Ordinance regarding the potential for banning picketing in residential areas. All members voted yes. CONKLIN AVENUE - NAME CHANGE Leo Murphy forwarded a letter to the City requesting the name of the street that now accesses his property from Deerwood Drive be renamed from Conklin Avenue to Murphy Parkway. Larry Frank of Meritor Corporation suggested an internal street on the Murphy property use the Murphy name and it was noted that Conklin Avenue is not on Murphy property. Ellison moved, Egan seconded the motion to schedule a public hearing on May 3, 1988 at 7:00 p.m. regarding the name change and that the staff present at least 3 alternate names. All voted yes. A request was also made from Mr. Murphy that a small parcel of property be deeded back to the City, adjacent to Deerwood Drive. Upon motion by McCrea, seconded Gustafson, it was resolved that the request be continued until the May 3, 1988 meeting. All voted in favor. RICHARD ROBOHM - SEASONAL UTILITY MAINTENANCE WORKER Upon recommendation of the staff, Wachter moved, McCrea seconded the motion to approve the hiring of Richard Robohm as a seasonal utility maintenance worker for the City. All voted in favor. CABLE T.V. CAMERAMAN Jeff Zimmerman was introduced as the new Cable T.V. Cameraman for official City meetings and was welcomed by the Councilmembers. DAKOTA COUNTY HRA A request was made by the owners of the Wescott Hills apartments on Yankee Doodle Road, that a tax credit be given to make the sale of the project feasible. The staff recommended denial and the Council took no action. 28 Council Minutes April 5, 1988 TR y ;4JZ~ ~w,9 CITY STAFF MILEAGE Recommendation was made by the Finance Director to increase the mileage allowance for eligible City employees from $.20 per mile to $.22 per mile, and also the car allowance increase for the City Administrator of 3%. Wachter moved, Egan seconded the motion to approve the recommendation of the staff. All voted in favor. CHECKLIST Upon motion made by Wachter, seconded Egan, it was resolved that the Checklist dated April 5, 1988 in the amount of $632,961.42 be approved. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 2:25 a.m. All voted yea. PHH ux\JOA& City lerk 29 LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: BEAUTIFUL SAVIOR FIRST ADDITION Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957, Delmar H. Schwanz, the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of BEAUTIFUL SAVIOR FIRST ADDITION dated August 26, 1987 and filed November 19, 1987 in the office of the County Recorder, Dakota County, Minnesota, in Book Fourteen of Plats, page 63. 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: The symbol and statement defining the width of the drainage and utility easements dedicated on the plat were omitted. 3. That said plat is hereby corrected in the following particulars to-wit: The drainage and utility easements shown as dashed lines in Lot 1, Block 1 are 10.00 feet in width adjoining all street lines and 5.00 feet in width adjoining the south lot line. Dated: March 4, 1988 Delmar H. Schwanz Registered Land Surveyor No. 8625 State of Minnesota. The above Certificate of Correction to the plat of BEAUTIFUL SAVIOR FIRST ADDITION has been approved by the City of Eagan, Minnesota at a regular meeting o the City Council of Eagan, Minnesota held on the day of 4 Or , 1988. Q/ 3zJ S Mayor Cit• Clerk This Certificate of Correction has been checked and approved this day ofw c,(^ , 1988. By: Gary H. Stevenson Dakota County Surveyor