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10/06/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 6, 1987 A regular meeting of the Eagan City Council was held on Tuesday, October 6, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson, and City Attorney Paul Hauge. AGENDA Smith moved, Wachter seconded the motion to approve the agenda as presented. All voted yes. MINUTES September 15, 1987 - Regular Council Meeting. Wachter moved, Egan seconded the motion to approve the minutes of the September 15, 1987 regular Council meeting as distributed. All voted aye. August 20, 1987 - Special Council Meeting. Ellison moved, Egan seconded the motion to approve the minutes of the special Council meeting of August 20, 1987. All voted in favor. September 8, 1987 - Special Council Meeting. Egan moved, Wachter seconded the motion to approve the minutes for the special council meeting of September 8, 1987 as prepared. All voted yea. VOLUNTEER FIRE DEPARTMENT - FIRE PUMPER TRUCKS City Administrator Tom Hedges announced that bids were received on September 1, 1987 to consider the purchase of four fire pumper trucks. Specs were sent to six companies; however, there were only two bidders, Custom Fire Company and Luverne Fire Apparatus Company. The Luverne bid was $141,133.00 per truck, and Custom was $154,795.00. The Fire Truck Committee has compared each bid with the original set of specifications and prepared an extensive written analysis for review and consideration by the City Council and presented it in detail at a special meeting of the Council on September 29, 1987. The recommendation of the Committee was that the lowest responsible bidder was Custom Fire Co. and recommended approval. 1 Council Minutes October 6, 1987 Fire Chief Southorn was present, as well as other representatives of the Fire Department and indicated that many hours of review took place, that experts in various mechanical and engineering fields and many members of the Fire Department reviewed the specs, made inspection of comparable trucks that had been produced by both bidders, and have recommended on the basis of their findings, the acceptance of the bid of Custom. Councilman Egan questioned whether the VFD is sufficiently objective as to whether Luverne meets the specifications and the answer of Southorn was that much of it had to do with omissions specifically regarding the chassis. Councilman Wachter stated that it was his opinion that there were too many deficiencies and deviations from the specs, and therefore moved, with Egan seconding the motion to approve the bid of Custom Fire Company in the amount of $154,795.00 per unit for a total bid of $619,180.00 for the four fire pumper trucks, based upon the reasons mentioned above, the detailed analysis prepared, and the opinion of City Attorney Paul Hauge dated October 1, 1987. The Mayor asked whether there were any comments from the audience and there were none. Councilman Ellison stated that in his opinion, it was worth paying for an additional amount, based upon the findings, including the fact that the metal in the Custom truck was superior and the metal in the Luverne trucks would appear to be inferior and deteriorate much more rapidly than the material in the Custom trucks, and would result in paying for additional improvements at a later time. Councilman Smith stated it was his opinion that Custom was the lowest responsible bidder. All members voted in favor. VOLUNTEER FIRE STATION NO. 4 Mr. Hedges then noted that at 2:00 p.m. on September 29, 1987, formal bids were received for the construction of Fire Station No. 4. The alternates included electric door lock release, sprinkler system and water softener. The architect and Fire Chief Southorn were present.., The bids were reviewed-and-in answer to Councilman Egan's question as to the reason for the bids coming in 20% over the estimate, Mr. Southorn noted that the plans were -prepared fairly quickly, that a-preliminary estimate was done and then reduced the scope of the plan substantially., ISD #191 - SCHOOL BOND ELECTION Mayor -Blomquist -at that -time. announced. that ISD #191 is conducting a ' . school bond •-election, on October, i5-, 1987 and.that because of-:_theMinnesota Statutes relating to having City Council meetings on days: when elections,4are being ,held;. that no _ formal action would,be.effective prior--to 8:00 p.m.-,.Therefore-,.,the prior motions, ;.would. , not be effective and . will ~be.-re*-acted upon, but that the Council will hear and consider all agenda items, including 2 Council Minutes October 6, 1987 public hearings and allow any further comments after 8:00 p.m. The City Administrator was also asked to send letters to the three school districts operating within the City, indicating the dates for City Council and Planning Commission meetings, to attempt to avoid school elections on City Council and Planning Commission days. NATIONAL FIRE PREVENTION WEEK Fire Chief Southorn announced that the current week is National Fire Prevention Week and noted that open houses were being held at all three stations during the course of the week. CONTRACTUAL SNOW REMOVAL Bids were received on September 29, 1987 for hourly rates to perform contractual snow removal services for one cul-de-sac route and one main line route in the southwestern portion of the city. The Public Works Department recommended that Bituminous Roadways be hired to provide contractual snow removal services as the lowest responsible bidder. CONSENT AGENDA Councilmembers then discussed the consent agenda items and it was requested that item L, the approval of the final plat application of Oak Cliff Pond Addition be removed until after consideration of the public hearing regarding Project #517, St. Francis woods 6th Addition. PUBLIC HEARINGS LeMAY LAKE HILLS TOWNHOMES ADDITION - VACATION The Mayor convened the public hearing regarding the vacation of utility easements for Lot 1, Block 1, LeMay Lake Hills Townhomes Addition. It was noted the public hearing was continued from the August 18, 1987 Council meeting and it was requested that the hearing be delayed until the variance request regarding LeMay Lake Townhomes is considered during the current meeting. LONE OAK ADDITION - UTILITY EASEMENT VACATION The next public hearing convened by the Mayor concerned the utility easement vacation for Lone Oak Addition. Mr. Colbert described the proposed vacation and noted that the drainage and utility easements were dedicated along with the final plat of Lone Oak Addition, adjacent to the public right-of-way dedication for Technology Drive. There were no appearances or objections. 3 Council Minutes October 6, 1987 WESCOTT ROAD - PROJECT #467 - FINAL ASSESSMENT HEARING The next public hearing convened by Mayor Blomquist related to Project #467 regarding the final assessment hearing for Wescott Road. Mr. Colbert again reviewed the proposed assessment roll and noted that at the September 15, 1987 meeting when the assessment hearing was first held, formal written objections were submitted by property owners of parcel 030-53 and 041-53. He noted that the owner of parcel 050-53 did not submit a new written objection. Irv Dahl of Wescott Road, was present and asked about the amount proposed to he assessed and it was noted that he would be permitted to sign the agreement providing for reduced assessments, but in the event of reversion to another use, that an increase in assessment would be levied. He noted that there was considerable debris and incomplete items on the project adjacent to the property. Marg Tilley, another property owner, was also present and noted that she would agree to the reduced amount but was concerned about clean up items and credit for sanitary sewer easement. There were objections and it was only for quality items, but would withdraw her objection after being assured of clean-up completion. ST. FRANCIS WOOD 6TH ADDITION - PROJECT #517 The public hearing regarding Project #517, St. Francis Wood 6th Addition, streets and utility improvements under Project #517 was convened by Mayor Blomquist. Mr. Colbert introduced the project and Mark Hanson of Bonestroo, Rosene, Anderlik & Assoc. detailed the project. Dick Geifer, the developer, was present and indicated that he had no comments. Mr. Colbert recommended that the southerly street be constructed easterly to Lexington Avenue, and further, that the proposed development has the right to use the condominium access. The County will allow the southerly access in addition to the condominium access, however, there will be an attempt to get an authority to close the northerly access. There were no objections to the project. OAK CLIFF POND ADDITION - FINAL PLAT Mr. Colbert introduced the application regarding the final plat approval request for Oak Cliff Pond Addition and stated that the proposed private streets would not conform with City standards if a request was made that the City take over maintenance. He discussed with the City Council the potential for property owners requesting maintenance of private streets be assumed by the City, and stated that generally the set-backs would not conform. It was noted in the case of Oak Cliff Pond that there was multiple density zoning originally and changed to Single Family. Councilman Smith noted 4 Council Minutes October 6, 1987 that one of the conditions for the approval of the Oak Cliff Pond project was that the utility and street improvements be private and that the maintenance clearly be covered by covenants. SEE PLAT FILE CUTTER'S RIDGE - PROJECT #512 - STREETS & UTILITIES The public hearing regarding Cutter's Ridge streets and utility improvements under Project #512 was convened by the Mayor. It was recommended that the hearing be continued, noting that there had been a revision to the approved preliminary plat, together with an application for the second phase development of the subdivision, which would require modification in the feasibility report. COUNTRY CLUB MARKET - DRIVEWAY - PROJECT #449R The continued hearing regarding the proposed improvements, including driveway and landscaping adjacent to Country Club Market under Project #449R was then brought to order. Mr. Colbert introduced the project and noted that the bids exceeded the estimated cost by 25% to 37%. A new hearing was scheduled to review the increased cost estimates, as well as additional bid solicitation. Bob Nelson of Country Club Market was present and asked questions about the access. There was discussion concerning the posts that were inserted in the driveway by representatives of the Cedarvale Bowling Lane. He objected to the cost and City Attorney Paul Hauge indicated that he has discussed the removal of the posts with the owner and understood that they will be removed. Mr. Nelson indicated that he expected the cost for the Country Club portion will be about $10,000.0 rather than $20,000.00 and requested a continuance to determine whether Country Club could install the improvements privately. Bob Johnson of Cedarvale Lanes was present and asked if the private street would be changed in any way, and the answer was no. Mr. Colbert asked if DCR Company would pay for the curb and storm sewer and Mr. Johnson indicated that he was not certain. It was suggested that the hearing be continued for two weeks until the next regular meeting for further information to be submitted to the Council. BRAUN COURT - STREET IMPROVEMENTS - PROJECT #487R The Mayor convened the hearing regarding street improvements under Project #487R covering Braun Court. Mr. Colbert noted that on September 15, 1987, bids were received, but that they exceeded the standard City guideline of 10% and therefore a new hearing was scheduled and additional bids were solicited. 5 Council Minutes October 6, 1987 A letter from Richard Gillman, an attorney for Henry Braun, was reviewed and it was noted that an easement was required for the south half of the street right-of-way. Bids received were also considerably higher than the estimate. Henry Braun of 3740 Pilot Knob Road was present and suggested the County and City pay part of the storm sewer cost. The answer of the staff was, the storm sewer cost would be spread only and assessed on a square footage basis, and as an alternate, suggested that Mr. Braun could fill the low area and drain over-land to Fish Lake. Councilman Wachter mentioned the upgrading of Pilot Knob Road may offer fill material without cost. Bob Brown appeared on behalf of Mary Braun and suggested that a continuance to attempt to discuss a resolution of the project. Chris Potts, the owner of Lot 5, Block 1, objected to the proposed storm sewer assessment of approximately $180.00 against his property. Noting that the hearing was convened after 8:00 p.m., Wachter moved, Smith seconded the motion to continue the public hearing until the next regular muting to allow the property owners to attempt to resolve the assessment and easement issues. All voted yes. MOTION TO APPROVE PREVIOUSLY ACTED UPON AGENDA ITEMS Egan moved, Wachter seconded the motion to approve all of the previously approved agenda items, including the Council Agenda, Minutes of the regular meeting of September 15, 1987, Minutes of the special meetings of August 20, 1987 and September 8, 1987, and the selection of Custom Fire Company's bid for the four fire pumper trucks. All members voted in favor. FIRE STATION NO. 4 - CONTRACT #87-39 Upon motion by Smith, seconded Wachter, it was resolved that the recommendation of the staff be approved and that the contract for Fire Station No. 4 under Contract #87-39 be awarded to the low bidder, Del's Construction Co., Inc. in the amount of $479,850.00 and authorize the Mayor and City Clerk to execute the related documents. All voted affirmatively. CONTRACTUAL SNOW REMOVAL Egan moved, Smith seconded the motion to receive the bids and award the contract for snow removal services for 1987-88 to Bituminous Roadways, Inc., according to its bid. All voted yea. 6 Council Minutes October 6, 1987 0-r~l ~.v CONSENT AGENDA It was recommended that all consent agenda items be approved as follows: 1. Personnel Items. It was recommended that the City Administrator be authorized to approve personnel to fill the positions of Administrative Intern and Planning Intern. 2. Plumbers' Licenses. It was recommended that the City Council approve the list of Plumber's license applications presented to the Council in its packet. 3. Brook's Superette - Off-Sale Beer & Cigarette Licenses. A recommendation was made to approve the service station off-sale beer and cigarette licenses for Brooks Superette located at 3390 Coachman Road, and further, that said licenses not be issued by the City Clerk's office until an acceptable building permit application is approved and payment is received for interior construction that is currently underway at the service station. 4. Super America - Town Centre Drive - Off-sale Beer & Cigarette License. An application for off-sale beer license and cigarette license for Super America at 1379 Town Centre Drive were recommended to be approved. 5. Election Judges. A list of election judges recommended for approval by the City Council for the November 3, 1987 municipal election was presented. ,.11 6. Whispering Woods A, Addition - Final Plat. The application of Hillas.,.onstruction for approval of the final plat of Whispering . Woods* A dition was recommended by the staff to be approved by the City Council. R87-73 7. Stafford Place - Final Plat. The application for approval of the final plat for Stafford Place was presented to the City Council and recommended to be approved. R87-74 8. R & B Addition - Final Plat. The final plat for R & B Addition was brought to the City Council for its consideration and staff recommended approval. R87-75 9. Country Hollow Addition - Final Plat. An application submitted by the developer of the proposed Country Hollow Addition and recommended to be approved, subject to the City requiremeRrts.76 10. Jean Addition - Final Plat. The application for the approval of the final plat for Jean Addition was brought to the Council and recommended to be approved, subject to all City requirements. R87-77 7 Council Minutes October 6, 1987 11. Pine Ridge Addition - Final Plat. The application for final plat approval of Pine Ridge Addition was presented to the City Council and it was recommended that it be approved. R87-78 12. Oak Cliff Pond Addition - Final Plat. The application for approval of the final plat for Oak Cliff Pond Addition was recommended by the staff to be approved, subject to City ordinances and requirements. R87-79 13. Beautiful Savior Evangelical Lutheran Church Addition - Final Plat. The next final plat brought to the City Council for its consideration and recommendation for approval was the application regarding Beautiful Savior Evangelical Lutheran Church Addition on Pilot Knob Road. R87-80 14. Eveland Addition - Final Plat. The application of Bert Eveland for final plat approval of the Eveland Addition was considered by the City Council and recommended by the staff for approval. R87-81 15. Manor Lake Addition - Project #520. The feasibility report for the utility improvements in Manor Lake Addition was submitted and it was recommended that the report be received and that the Council schedule a public hearing to be held on November 5, 1987 at 7:00 p.m. at the City Hall. 16. Town Centre 70 and 100 - Project #519. The feasibility report covering Project #519 was received and it was recommended that the Council accept the report and schedule the hearing on the project covering Town Centre 70 and 100 street lights, for November 5, 1987 at 7:00 p.m. at the Municipal Center. 17. Eagan Lions Club - Gambling License. A recommendation was made that the City Council approve the renewal of the gambling license to allow for the sale of pull tabs at Cedarvale Lanes for the Lions Club, based upon the application submitted. 18. Ridgeview Acres - Project #522. A Petition had been prepared for street lights for Ridgeview Acres and it was recommended to the City Council that it receive the Petition and authorize the feasibility report for the street light improvements. Wachter moved, Ellison seconded the motion to approve the foregoing consent agenda items and authorize them to be implemented by the staff. All members voted in favor. LeMAY LAKE HILLS - TOWNHOMES ADDITION Egan moved, Wachter seconded the motion to continue consideration of the decision regarding the public hearing that was convened by Mayor Blomquist, until later in the meeting. All councilmembers voted in favor. 8 I Council Minutes October 6, 1987 LONE OAK ADDITION - UTILITY EASEMENT VACATION Wachter moved, Egan seconded the motion to close the public hearing that had been convened by Mayor Blomquist earlier in the meeting and to approve the vacation of the utility easement described for Lone Oak Addition. All councilmembers voted affirmatively. WESCOTT ROAD - PROJECT #467 Issues concerning the final assessment hearing had been discussed earlier in the meeting and upon motion by Smith, seconded by Wachter, it was resolved to close the public hearing and to approve the final assessment roll for Project #467, Wescott Road streets and utilities, covering parcels 030-53, 050-53, and 041-53, subject to the signing of the appropriate agreements, but with the understanding that no certification will be made by the City until the appropriate clean-up has been completed, or arranged to the City staff's satisfaction. All members voted in favor. ST. FRANCIS WOOD 6TH ADDITION - PROJECT #517 Wachter moved, Egan seconded the motion to close the public hearing and approve Project #517, streets and utility improvements and authorize the preparation of detailed plans and specifications, with the understanding that the southerly street will be built to Lexington Avenue and in addition, access would be provided according to County consent to the condominium project from Lexington Avenue, and that an attempt will be made to close off that access in the very near future. All members voted yea. CUTTER'S RIDGE - PROJECT #512 Upon motion by Smith, seconded Ellison, it was resolved that the public hearing regarding Project #512 street and utility improvements in Cutter's Ridge Addition be continued until November 5, 1987 at the Municipal Center at 7:00 p.m. All members voted yes. COUNTRY CLUB MARKET - PROJECT #449R Egan moved, Wachter seconded the motion to continue the public hearing for Project #449R until November 5, 1987 at 7:00 p.m. at the City Municipal Center. All voted in favor. 9 Council Minutes October 6, 1987 CHAPEL HILLS CHURCH - PROJECT #499 The public hearing regarding street improvements in Chapel Hills Church Addition, Project #499, was convened by the Mayor. Because the bids received on September 15, 1987 exceeded the 10% guidelines, the project was rebid and Mr. Colbert explained the current status, including the new cost estimates received on October 6, 1987. Mrs. Schindeldecker continued to object to the project but indicated she would not delay the installation of the improvements. A representative of the church was present and recommended approval. There were no formal objections. Egan moved, Wachter seconded the motion to close the public hearing and order in the improvements. All voted yes. PATRICK ADDITION - PROJECT #509 The public hearing regarding street and utility improvements for the proposed Patrick Addition under Project #509 was then convened. Public Works Director Tom Colbert then reviewed the status, including the fact that bids received on September 15, 1987 exceeded the cost estimates substantially and that new bids have been solicited. Mark Parranto was present on behalf of the owner and requested a continuance to determine whether private financing would be feasible. Egan moved, Smith seconded the motion to continue the public hearing until November 5, 1987 at 7:00 p.m. at the City Hall. All voted yes. GOPHER-EAGAN INDUSTRIAL PARK 2ND ADDITION - PROJECT #516 The public hearing regarding Project #516 was convened by Mayor Blomquist concerning Gopher Eagan Industrial Park 2nd Addition, street and utility improvements. Mr. Colbert introduced the report and Mark Hanson described the report in some detail. He discussed the cul-de-sac location in front of the Minnesota Fence property and it was proposed by Minnesota-Fence that-the cul-de-sac be extended south of its building to avoid a setback problem. There was detailed discussion regarding the report, primarily dealing with the frontage.-road _cul-de-sacalong Highway #149 and Dave Lynch of Minnesota:. Fence was present.- He indicated that: he had just-learned on October 6 that the project was being proposed and claimed that he had received no notice. He also indicated that he had a lease and had exercised an option to purchase. He objected to the scope of the project and requested :its continuance.-' Mr.-.Hanson stated that,.-the cul-de-sac could not be extended-to Yankee.. Doodle Road- because of its proximity to Highway.#149 and there,As,nbt.sufficient setback for , direct, access to Yankee Doodle Road. 10 Council Minutes October 6, 1987 ^s John Tapper of Gopher Smelting, was present and noted that one access to #149 has been cut off by the Yankee Doodle Road access. Gopher Smelting had not notified the tenants in the building, according to Mr. Tapper. He believed that the cul-de-sac was the only reasonable way to serve the two existing buildings. An attempt is being made to clean up the area and to satisfy the request of the Consolidated Freight to construct a facility to the west of Minnesota Fence. The General Pump owners also requested the cul-de- sac be moved further south and Councilman Smith suggested it be located between the two existing buildings. Smith moved, Egan seconded the motion to continue the public hearing until November 5, 1987 at 7:00 p.m. at the City Hall, in order to allow Gopher Smelting and the affected owners time to review the various alternates. All members voted yes. YORKTON INDUSTRIAL PARK - GRADING PERMIT An application by the developers of Yorkton Industrial Park for grading permit #EX-13-247 for Yorkton Industrial Park 2nd Addition located south of Becker Road and east of Trunk Highway #149 was presented. There was an appearance by a representative of the applicant and there were no objections. After review by Mr. Colbert, Wachter moved, Egan seconded the motion to approve the grading permit as requested, subject to City ordinance compliance. All members voted in favor. 1988 MILL RATE - RATIFICATION- The City Administrator announced that each year City Councils are required to certify property tax levies prior to October 10. As a result of several budget meetings and a public hearing, the levy of 1987 real estate taxes payable in 1988 is a total of $7,161.540, with certain revisions by the State Department of Revenue concerning the levy limit adjustment. There being no comments-or objections, Ellison moved, Smith seconded the motion to approve the certification-to-Dakota County of the 1987 General Property Tax levy payable in 1988 in the amount of $7,161.540, which was the estimated mill-rate reduction for 1988. All voted aye R8:7_82 ,JAMES HORNE -.TRAILER PERMIT-RENEWAL A request from James Horne that the City Council approve the renewal of•~~the trailer permit license was, =upon-motion' by~Egan, seconded Wachter; continued until later-in the meeting to-allow Mr. Horne to ppeat- 'All voted positively. 11 Council Minutes October 6, 1987 RIVER HILLS NINTH ADDITION - STORM SEWER REPORT Both Mr. Hedges and Mr. Colbert reported regarding the River Hills 9th Addition storm sewer report prepared by Bonestroo, Rosene, Anderlik & Assoc. A special meeting was held on September 29, 1987 at which time a review of the report was presented to the Council by Bob Rosene and neighboring affected property owners were present at that time. In addition, a neighborhood meeting was held and Mr. Colbert stated he understood there was general concurrence with the proposal including an outlet pipe with a flap gate and the additional berming. He noted that the lower pond berm should be able to be constructed on park land property. Mary and Paul Teske have asked that the low area behind their home be scraped out. Regular monitoring by the City was also of concern and it was noted that Hickock and Assoc. checked the design computations and concurred with the BRAA determinations. Dick Victor, a neighboring property owner, thanked the City Council for its concern and requested that the fill in the berm be compacted properly and that there be adequate materials used for the berming. Mr. Colbert described the alternates for fill including the existing material from the lower pond or from outside sources, depending on the contractor's preference. The City will assure that suitable material will be used. Councilman Egan stated that he expected that the City is non-negligent in its design standards, but the upgrading may be necessary because of the re-evaluations. Financing is still an issue. Egan moved, Wachter seconded the motion to approve the report to River Hills 9th Addition with the understanding that all issues will be included and further, to direct the staff to proceed with the project in an expeditious fashion and further, that financing will be accomplished through watershed assessment method, storm sewer funds and general levy. All voted yes. AUGUST 18, 1987 - MINUTES Upon recommendation of staff and upon motion by Smith, seconded Ellison, it was resolved that the August 18, 1987 minutes of the regular City Council meeting be amended by adding conditions 17 to 22 regarding the BBD 2nd Addition project, which had inadvertently been omitted. All voted in favor. SEPTEMBER 1, 1987 - MINUTES Upon motion by Egan, seconded Wachter, it was resolved that the Minutes of the September 1, 1987 regular meeting be amended to correct the bid amount for Contract #87-18 from $151,267,000 to $251,267,000. All voted yea. 12 Council Minutes October 6, 1987 JAMES HORNE - TRAILER PERMIT RENEWAL Arvella Horne appeared concerning the request of Mr. and Mrs. James Horne for renewal of their trailer permit. Mrs. Horne requested that the Council defer the painting request until after Pilot Knob Road is upgraded. Councilman Smith noted that the Hornes had agreed to repaint the vehicle on at least two occasions an] had not done so. Smith moved, Egan seconded the motion to approve the trailer permit up to July 1, 1988 with the express condition, however, that it is repainted to a suitable earth-tone by November 1, 1987. All members voted in favor. STRONG BEER SALES - LICENSES The City Administrator noted that during 1987, the Minnesota Legislature adopted a revision in the State law to allow municipalities to adopt ordinances that authorize the holder of an on-sale wine license and non-intoxicating malt liquor license to sell intoxicating malt liquor without an additional license. A request had been received from the Italian Pie Shoppe and Winery asking the City Council to address the issue. A review of a proposed ordinance submitted to the St. Louis Park City Council was discussed. Upon motion by Smith, seconded Egan, it was resolved that the Council approve the preparation of an ordinance allowing intoxicating beer to be served in establishments where on-sale wine licenses and non-intoxicating malt liquor licenses are currently issued, according to the applicable law. All voted yes. Egan then moved and Smith seconded the motion to direct the staff and City Attorney to draft an ordinance to implement the revision to the applicable City ordinance, based upon the guidelines under State law, and also direct publication with the effective date upon publication. All members voted in favor. FREDERICK C. DeLOSH - WAIVER OF PLAT - 2882 SIBLEY HILLS DR. An application was submitted by Frederick Delosh to split 1.003 acres from a 13.4 R-1 Single Family acreage parcel located at 2882 Sibley Hills Drive, north of Treffle Addition and west of Highview Park. The Advisory Planning Commission considered its application at its September 22, 1987 meeting and recommended approval subject to certain conditions. Dale Runkle described the application and also the Councilmembers reviewed a letter from the attorney for Michael and Margaret Sullivan, which expressed concerns regarding a spring in the immediate area. Mr. Runkle noted that the attempt of the staff was to consider future development of the area. 13 Council Minutes October 6, 1987 Mr. DeLosh was present and read a letter explaining the background, including the fact that there is a deep ravine and also springs in the area. He objected to the proposed assessments in the amount of $3,566.00 as being unfair and requested a delay of the assessments until the property is developed. Mr. Colbert, in answer to questions, mentioned that the assessments are standard for waiver of plats or new plats and cover only the area to be split off. Egan moved, Wachter seconded the motion to accept the recommendation of the Advisory Planning Commission and approve the application, subject to the following: 1. No further subdivision or development shall occur without platting the entire 13.45 acres which will include the lot that is the subject of the waiver. 2. No horses shall be allowed on the 13.45 acre site. 3. The parcel shall assume financial responsibility for the proposed assessments as a condition of granting this waiver of plat, according to standard city procedures. 4. A 60 foot right-of-way shall be provided as a condition of the waiver of plat. 5. A variance shall be allowed for the garage if an east-west road is constructed adjacent thereto. All councilmembers voted yes. R87-83 ROYAL OAK CIRCLE APARTMENTS - SITE PLAN REVIEW A request from Richard Asp, the developer of the Royal Oaks Circle Apartment project on Federal Drive, that the site plan to construct three 22-unit apartments be revised to two 33-unit apartments for the Royal Oak Circle 2nd Addition was next considered. Dale Runkle gave a brief description and Mr. Asp was present. The Council suggested that the center lot, where the building is to be eliminated, be divided in half so that half of each lot would be attached to lots with buildings to be constructed upon them. Wachter moved, Egan seconded the motion to approve the revision with the understanding that the center lot will be divided in half and each half added to the adjoining lot, according to City requirements; further, that all other conditions applicable to the subdivision will be required. All voted yes. 14 Council Minutes October 6, 1987 r, CEDAR CLIFF 2ND ADDITION - ROBERT MATSON - VARIANCE The application of Robert Matson for 5 foot side yard setback variance for the property described as Lot 4, Block 3, Cedar Cliff 2nd Addition was brought to the Council. The proposal was to allow a 24 foot attached garage with living quarters above it, noting the garage portion would meet setback requirements. The applicant was present and also the next door neighbor who had no objection. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with all other City Code requirements. All voted yea. GREENSBORO ADDITION - DANIEL ESPERSEN - VARIANCE An application of Daniel Espersen, the owner of Lot 9, Block 5, Greensboro Addition, for 5 foot setback variance to allow the dwelling unit to be constructed 45 feet from the south property line, came to the Council. All other setbacks have been met. A representative of the owner was present and Dale Runkle briefly explained the application. Ellison moved, Egan seconded the motion to approve the application, subject to all applicable ordinances, noting the hardship involved and there were no objections. All voted yes. HILLTOP ESTATES - KENNETH R. GRIEGER - VARIANCE The application of Kenneth R. Grieger at 1349 Berry Ridge Road for 1.5 foot side yard setback for Lot 6, Block 3, Hilltop Estates next was brought to the Council. Mr. Grieger was present and there were no objections tothe -application, which was described by Dale Runkle. There was also discussion concerning the need for vacation proceedings because of the fact the addition would be built.1.5 feet into the drainage and utility easement. Mr. Grieger requested that the variance be granted and that he not be delayed until the vacation hearing is held. One neighbor was present and was concerned about how close the houses would be and whether it would match the style of the other homes. Wachter '.moved,.--Egan seconded the motion to approve the application, with -the understanding, that: there are no-utilities within the easement; further,; that the owner be allowed to proceed, noting:that the report does not make.. the approval subject to a public hearing; that no property owners object. to the proposal; that the-property-owner acquire written waiver from the surrounding owners; further, that the vacation hearing will be held and that the property owner would pay the necessary fees. All members voted yes. 15 Council Minutes October 6, 1937 Egan then moved, Ellison seconded the motion to schedule a public hearing for the easement vacation for November 5, 1987 at 7:00 p.m. iit the City Municipal Center. All voted aye. SIENNA CORPORATION - VARIANCE SURREY WOODS & BRIDLE RIDGE ADDITIONS A request of Sienna Corporation for front yard variances for Surrey Woods and Bridle Ridge Additions covering 10 foot front yard variances for a number of lots located within the two additions, came to the City Council. After recommendation, upon motion by Wachter, seconded Egan, it was resolved that the application be continued until the first regular City Council meeting of November, 1987. All voted yea. LeMAY LAKE TOWNHOMES - VARIANCE Tom Colbert addressed the City Council concerning a request of Albert C. Kempf for variance for the LeMay Lake Townhomes to the Code requirements for concrete curbing. The project, consisting of 67 townhomes, was approved on April 7, 1987 with an issue arising as to the status of concrete curb under Code Chapter 11, Section 10, Subd. 12, part d, requiring all off-street parking areas for four vehicles or more, shall be constructed of concrete curbs. There had been a difference of interpretation of the section and Mr. Colbert stated there was a discrepancy in the plans. At the time of inspection, a condition of plat approval was compliance with all City requirements and normal review by the staff is made, assuming that the developer has complied with the applicable City Codes. Al Kempf was present, Mr. Kempf stated that contacts had been made with the staff during process. Greg Hollenkamp, the architect, indicated that originally there were questions about what areas would require concrete curb and gutter, in light of the proposed development. Staff members had allegedly said no curbing in the driveways was required, but there would be curbing required in parking areas. A series of letters from the developer's engineer, attorney, and City staff members were reviewed, and the claim was made by the developer that it is a planned development and not specifically R-3 or R-4 zoning. Councilman Smith suggested that the storm sewer maybe could be eliminated but the curbs are important in order to divert the water properly. Mr. Kempf stated he would agree to install some additional curbing to comply with staff requirements. Smith moved, Wachter seconded the motion to approve the variance, subject to a complete review by the staff and approval of necessary curbing. All voted yes. 16 Council Minutes October 6, 1987 Egan then moved, Smith seconded the motion to close the hearing regarding the vacation of easements within the LeMay Lake Hills Addition which had been legally noticed, conditioned upon compliance with the curbing requirements of the City through the staff mentioned above. All voted in favor. BBD INVESTMENTS - VARIANCE - YANKEE DOODLE & COACHMAN ROADS An application was submitted by BBD Investments to allow a pylon sign to be constructed closer than 300 feet from the Century 21 pylon sign on Yankee Doodle and Coachman Roads. It was noted that the South Country/Century 21 18-foot pylon sign is within about 120 feet from the proposed location, according to Mr. Runkle. Bill Henning appeared for the applicant, and noted that easements are an obstruction and if the sign were moved easterly to a 300 foot distance, it would be close to high lines with some potential danger. Upon questioning, he indicated that high lines stretch along Yankee Doodle Road and it appeared that it would not create any more of an obstruction at 300 feet than a 120 foot distance. There appearing to be no hardship, Ellison moved, Wachter seconded the motion to deny the application, noting that there were alternate locations that were available which would comply with City Code requirements. All members voted yes. RAHN RIDGE ADDITION - WAIVER OF PLAT An application of B. H. Grace Corporation for waiver of plat for Lots 5 and 6, Block 2, Rahn Ridge Addition was brought to the Council. Egan moved, Wachter seconded the motion to approve the application, subject to compliance with all other applicable City Code requirements. All voted affirmatively. R87-84 SILVER BELL CENTER - EAGAN PRESBYTERIAN CHURCH - SPECIAL PERMIT A request was made by Metram Properties for special permit for the location of the Eagan Presbyterian Church in the Silver Bell Shopping Center, currently zoned Neighborhood Business. The Presbyterian Church has been looking for a building site and has been unable to do so, but has requested the temporary meeting site for a period not to exceed 5 years. Dale Runkle briefly reviewed the application and indicated the question was how the temporary permit should be construed, and suggested a conditional use could be provided. Ted Tinker of Metram Properties recommended five years because of the extent of the improvements to be installed in the center. Councilman Smith noted that there are beer and wine licensees within the center, and language should be included in any permit to take them into consideration. 17 Council Minutes October 6, 1987 " Smith moved, Wachter seconded the motion to approve the application for special permit for up to 5 years as requested, subject to the understanding that the applicant, including Metram Properties, and the Presbyterian Church, will sign an appropriate waiver, prepared by the staff, that they will not object to the request and grant of on-sale wine, beer or liquor licenses within the shopping center that may conflict with Eagan Code distance requirements of churches from such licensed establishments. All members voted in favor. TOWN CENTRE PROFESSIONAL BUILDING - CONDITIONAL USE PERMIT The application of the Town Centre Professional Partnership for conditional use permit to allow pylon sign on the Town Centre Professional property on Yankee Doodle Road next came to the Council. According to Mr. Runkle, the pylon sign is regulated by the Town Centre Sign Agreement dated September 11, 1986 and a conditional use permit for pylon sign is not required to be considered by the Planning Commission. It would be 20 feet in height, 12 feet in width, and also, the applicant is requesting a smaller sign to be located immediately adjacent to Town Centre Drive on the south side of the building, 5 feet by 7 feet. Mr. Runkle stated that typically, ground signs are not allowed on the same lot as pylon signs. There was discussion concerning the application and a representative of Nordquist Sign Company was present. After discussion, Egan moved, Wachter seconded the motion to approve the application for pylon sign and for the ground sign on the south side of the building. Councilman Smith suggested that the ground sign be smaller so as to be less obtrusive.- All voted in favor except Smith who voted against. PUBLIC IMPROVEMENT CONTRACTS 1 . Country Club Market Driveway ..Contract #87-32A.- Smith moved, Wachter seconded the motion to continue the decision on the award of contract #87-32A. All voted yea. 2. Braun.Court-_ Streets- - Contract #87-32B.. Smith moved, Wachter seconded :the motion to continue consideration of-the award of 'the =contract for Contract #87-32B -,consisting of 'street improvements for proposed-Braun Court. All voted in-favor. 3. Chapel Hill Church Streets - Contract' #87-32C. Upon motion -by Egan, seconded Wachter,--it was resolved that-the low bid under:.Contract #87-32C for ..Chapel- Hill. Baptist Church '-street improvements. be ;approved- and the contract,- awarded to Bituminous Roadways -in,,thesum ,of .$42,178.45. _ .,All-voted. yes. A representative ofLthe church.was--present..and.recommended approval. 18 Council Minutes October 6, 1987 4. Patrick Addition - Streets & Utilities - Contract #87-32D. Smith moved, Wachter seconded the motion to continue consideration of the award of Contract #87-32D as requested by the applicant. All voted yea. 5. Elrene Road & Braddock Trail - Contract #87-25. Staff recommended approval of the award of the low bid to Bituminous Roadways, Inc. in the sum of $524.237.46. It was noted that two bids for final tabulation changed in amounts. Egan moved, Wachter seconded the motion to award the contract to Bituminous Roadways as described above. All members voted yea. 6. Brittany 10th Addition - Contract #87-35. Tom Colbert discussed with the City Council the status of the acquisition of easements for Brittany 10th Addition and noted the importance of the installation of water line to Pilot Knob Road and Cliff Road. He suggested Project #513 be deleted and that the Council authorize condemnation for the necessary water line, or in the alternate, continue consideration of Project #513 and proceed with negotiations for the easements. Smith moved, Wachter seconded the motion to award the contract under Contract #87-35 for Project #496 to the low bidder, 0 & P Contracting Company in the sum of $162,313.58 and to continue consideration of the award of the Contract under Project #513. All members voted yes. 7. R & B Addition & Whispering Woods 2nd Addition - Contract #87-36. The Public Works Director stated that both Ida Sieg and Scott Hilla had been contacted and there were no objections by the affected owners to the increased construction cost. Scott Hilla was present and asked about the timing and understood completion would be during the fall of 1987. Ellison moved, Egan seconded the motion to award the contract to the low bidder for Contract #87-36, 0 & P Contracting in the sum of $148,198.00. All members voted affirmatively. 8. Gopher Eagan Industrial Park 2nd Addition - Contract #87-40. Wachter moved, Egan seconded the motion to continue consideration of approval of plans and advertisement of bids for Contract #87-40 until the next regular council meeting. All voted yea. 9. Parkcliff 2nd Addition - Contract #87-37. Mr. Colbert described the progress to date concerning the bid for Contract #87-37, noting only one bid was submitted in the amount of $29,067.50 from Albrecht Excavating, Inc. He further noted that the developer of the subdivision had agreed to partial cost participation, except for the extension of the storm sewer pipe. Egan moved, Wachter seconded the motion to approve the bid of Albrecht Excavating, Inc. and to order in the project and subject to further negotiations with the bidder; it was further understood that the timing in late 1987 was the reason that the Council decided to proceed with the project with a single bidder. All members voted yes. 19 Council Minutes October 6, 1987 PRIVATE IMPROVEMENT CONTRACTS 1. Cinnamon Ridge 7th Addition - Contract #85-DD. Certification was received from the Consulting Engineers that all public improvements installed by the developer of Cinnamon Ridge 7th Addition for streets and utilities in Contract #85-DD were ready for formal acceptance, and upon motion by Ellison, seconded Wachter, it was resolved that the City accept the street and utility improvements for perpetual maintenance. All members voted in favor. 2. Northview Meadows 2nd Addition - Contract #86-A. Egan moved, Smith seconded the motion to accept Contract #86-A, Northview Meadows 2nd Addition street and utilities for perpetual maintenance. All voted yes. ECONOMIC DEVELOPMENT COMMISSION APPOINTMENT Corey Cleveland, the Vice President of Norwest Bank of Eagan, has written the City requesting appointment to the Eagan Economic Development Commission. Dave Kleimola has resigned and an opening exists on the Commission. Upon motion by Egan, seconded Wachter, it was resolved that Corey Cleveland be appointed as a member of the EEDC. All voted yes. YMCA OF GREATER ST. PAUL The City Administrator reported that the YMCA of Greater St. Paul is considering the location of a YMCA within Eagan. Tom Hedges indicated that he and the Mayor had met with a representative of the St. Paul YMCA and it was suggested that if it is to be located on City property, it should be a shared facility. No specific action was taken. INTERIM CABLE ADMINISTRATOR It was recommended by the staff that the City contract with the City of Anoka to receive part-time cable administrative services, together with Burnsville, for the cable administrator of the quad- cities cable commission. Egan moved, Ellison seconded the motion to approve the part-time administrative position for the Burnsville- Eagan Cable system as proposed. All voted affirmatively. 20 Council Minutes October 6, 1987 BLACKHAWK LAKE - LAWCON STATE GRANT The City Administrator reported that Eagan's application for Blackhawk Lake Park was ranked third over all, qualifying it for funding through LAWCON/LCMR. A report from the City Park Director describing the proposal was discussed and it was recommended that the Council approve the grant. Mr. Vraa was present and indicated that the City could complete the park'at a later time, and requested action on the resolution. Wachter moved, Egan seconded the motion to approve the resolution and proceed for the funding for the Blackhawk Lake park land grant. All members voted yes. COMMUNITY CENTER STUDY A recommendation was made from the Park Director and the Advisory Park Commission that the City Council approve the hiring of consulting survey firm to conduct a sample survey of Eagan residents concerning components of a community center. Ken Vraa described the request and Smith moved, Egan seconded the motion to approve the recommendation, to hire a firm to be selected by the staff for the sample survey as suggested. All voted yea. LEXINGTON SQUARE ADDITION - ASSESSMENT HEARING - PROJECT #467 On September 15, 1987, the City Council received an objection from Mr. & Mrs. Bolling at 1059 Briar Creek Road under Project #467 regarding assessments. A letter rescinding the previous objection has now been received and upon motion by Wachter, seconded Ellison, it was resolved that the Council approve the final assessment for Project #467 for Lot 22, Block 1, Lexington Square Addition and certify it to the County for collection. All members voted yes. ATHLETIC SIGHT SELECTION The Advisory Parks and Recreation Commission and City Council had discussed early in 1987 the location and-acquisition of a third athletic field for the community. The Commission, at its September 3, 1987-,meeting recommended that the City proceed with negotiations for acquisition of approximtaely =32 acres at the southwest 'intersection of Lexington Avenue and Diffley Road.' Ken Vraa presented the proposal and noted that Dan Gustafson would acquire land from First National Bank of Minneapolis, covering the 66 acre site and the City would be interested in approximately 32 acres for 5 ball fields. Negotiations would take place with Mr. Gustafson and First National Bank who will, in a very short period of time, be transferring title to the Housing and Urban Development and therefore, time is of the essence. Lighting is an issue at the site, but according to Mr. Vraa is certainly correctable. 21 f1 fa r. Council Minutes October 6, 1987 Smith moved, Wachter seconded the motion to authorize the staff to proceed with negotiations and complete the submission of a Purchase Agreement for the approximately 32 acres at $18,000.00 per acre in conjunction with Dan Gustafson for the 66 acre site described above. There was discussion concerning the Opus site at Lexington Ave. and Yankee Doodle Road, and the Mayor stated that she was opposed to the Lexington Ave. site because of the commitment for an athletic field in the northern part of the City. Those in favor of the motion were Smith, Egan and Ellison; those against were Blomquist and Wachter. CIVIC CENTER SITE - RESIDENTIAL HOME Tom Hedges described to the City Council the recommendation of the Building Inspection staff that the home on the Civic Center site, southeasterly of the City Hall, was not fit for habitation or rental and recommended it be used for storage purposes only. Smith moved, Egan seconded the motion to accept the recommendation of the staff to amend the City budget to eliminate the rental from the house, noting it was unfit for rental purposes, but that the buildings be used for storage. All voted affirmatively. VOLUNTEER FIRE DEPARTMENT - FIRE RELIEF ASSOCIATION The City Council discussed with the City Attorney and City Administrator, options regarding the request of the Fire Relief Association for an increase in benefits and the effect of retroactivity of benefits for active members for years prior to the increase. The City Attorney's office was requested to review the matter in more detail and to report to the Council their further findings. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated October 6, 1987 in the amount of $1,786,071.40 All voted in favor. ADJOURNMENT Upon motion duly made and seconded, it was resolved that the meeting adjourn at 12:40 a.m. All voted yes. PHH Cit 1 rk 22