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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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