04/21/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 21, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
April 21, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and
Ellison. In addition, City Administrator Tom Hedges, Public Works
Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers
Bob Rosene and Mark Hanson, and City Attorney Paul Hauge were
present.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as
distributed. All voted yes.
MINUTES
April 7, 1987 - Regular Meeting. Egan moved, Smith seconded the
motion to approve the Minutes with the exception on page 8 regarding
the Wally Nelson rezoning application, reason number 6 for denial
included the adverse precedent on the adjacent property owners and
also in other areas of the City. All members voted in favor.
March 31, 1987 - Special Meeting. Ellison moved, Wachter
seconded the motion to approve the minutes with the exception on
page 5 that street widths less than 32 feet with parking on either
side. All voted in favor.
VOLUNTEER FIRE DEPARTMENT
FIRE STATION NO. 4 AND NO. 5 - BOND REFERENDUM
City Administrator Tom Hedges presented to the City Council
proposed wording for a question on the May 28, 1987 ballot regarding
the funding for Fire Stations #4 and #5. The wording would read as
follows: "Shall the City Council of the City of Eagan, be
authorized to issue its general obligation bonds in an amount not to
exceed $1,880,000.00 for the purpose of purchasing and approving
land, constructing and furnishing two fire stations and purchasing
pumpers and related equipment?" There was discussion concerning
additional costs incurred for building permits and whether to
require payment or waive the requirement. The decision was to waive
the requirement. Ellison moved, Egan seconded the motion to approve
the question and eliminate the Unit 6 refurbishment of $30,000.00
for a total of $1,850,000.00 in the question. All voted yea.
R 87-20
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April 21, 1987 NEW TANKER TRUCK BIDS
The City received three bids on March 26, 1987 to furnish a
1,850 gallon tanker truck with quick-fill and dump valves, emergency
light, siren and portable 2,000 gallon tank. There were three
bidders with Laverne Fire Apparatus Company at $74,664.00, Custom
Fire Apparatus, Inc. at $65,700.00, and Clarey's Safety Equipment in
the amount of $58,925.00. The apparent low bidder was Clarey's
Safety Equipment according to Mr. Hedges, but the Fire
Administration reviewed the bids and discovered that Clarey's bid is
inconsistent with the specifications, including a smaller
alternator, three instead of four batteries, no battery charger, no
battery selector and 1/16th inch steel plate differential below the
minimum specs of 5/16th steel plate on the bottom of the booster
tank.
Fire Chief Ken Southorn and Assistant Chief Dick Schindeldecker
were present. Mr. Southorn recommended the bid of Custom Fire
Apparatus, Inc. because of the deviations from the specs, based upon
the detailed findings of the VFD. After discussion, Wachter moved,
Egan seconded the motion to approve the recommendation and authorize
the award of the bid to Customer Fire Apparatus, Inc. in the sum of
$65,700.00, based upon the reasons cited by the Fire Department
members. All voted in favor.
AMERICAN LEGION - POLICE DEPT. & FIRE DEPT. PRESENTATION
Ardelle Wright of the Burnsville American Legion Post was
present and submitted checks to the Eagan Volunteer Fire Department
and Eagan Police Department in the sum of $500.00 each, from the
VFW. Mr. Wright noted that 22% of the members are Eagan residents.
Thank you was given by the Mayor on behalf of the City Council.
BUILDING INSPECTION DEPARTMENT - CHIEF DOUG REID
Mayor Blomquist congratulated Doug Reid who was present in the
audience, on his appointment as the Chief of the Inspection
Department for the City.
CONSENT AGENDA
The following consent agenda items were submitted and
recommended to be approved:
1. Personnel Items.
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a. Seasonal Ball Field Attendants. It was recommended that
Brent Eichten and Paul Frank be hired as seasonal ball field
attendants for the City.
b. Seasonal Weed Inspector/Compost Site Monitor. The
recommendation was made that James E. Jensen be hired as a seasonal
weed inspector/compost site monitor.
c. Seasonal Park Attendant - Trapp Farm Park. The staff
recommended the hiring of Steve Cochran as seasonal park attendant
at Trapp Farm Park.
d. Seasonal Park Maintenance Workers. The following
persons were recommended to be hired as seasonal park maintenance
workers: Jeffrey Barker, Dana Hein and Hugh Peterson.
e. Seasonal Utility Maintenance Workers. It was
recommended the following persons be hired as seasonal utility
maintenance workers: Mark Dorseif, Grant Lundberg, Blaine Robertson
and Richard Robohm.
f. Seasonal Street Maintenance Workers. The hiring of Gary
Davis, Brian McMorrow, Kelly Ramswick, Mike Shomion and Jerry
Thorman was recommended as seasonal street maintenance workers.
g. Zoning Administrator. The staff recommended the hiring
of Shannon Willey as Zoning Administrator subject to successful
completion of the City's physical examination requirement.
h. Police Officer. With the resignation of a police
officer, it was recommended that Thomas Nelson be hired as a full-
time police officer for the City.
i. Community Service Officer. The staff recommended the
Council authorize the advertisement for a Community Service Officer
for the City.
j. Records Technician. Lynn Vasquez was recommended to be
hired as records technician in the Police Department subject to
successful completion of the city's physical examination
requirement.
2. Q Petroleum - Cigarette and Service Station Licenses. It
was recommended that the application for cigarette and service
station licenses at 4206 Nicols Road be granted.
3. Stafford Place Project #498. A feasibility report for
Stafford Place, Project #498 was submitted and recommended to be
received and that a public hearing be scheduled for May 19, 1987 at
the City Municipal Center at 7:00 p.m.
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4. Pilot Knob Road - Resolution Restricting Parking. A
proposed Resolution restricting parking on Pilot Knob Road, due to
the fact that the design width of the final plans does not provide
for any on-street parking lanes, was recommended to be approved by
the Council. R 87-21
5. R & B Addition - Project #502. A petition was received for
a feasibility report and detailed plans for R & B Addition under
Project #502 just south of Duckwood Drive from the Town Center 70
Addition. It was recommended the Petition be received and that the
feasibility report be prepared by the consulting engineer and that
detailed plans also be prepared for the R & B Addition storm sewer
project.
6. Lexington Square 5th Addition - Final Plat. The
recommendation was made that the final plat application of Lexington
Square 5th Addition be approved, subject to compliance with all City
ordinances. R 87-22
7. Lexington Square 7th Addition - Final Plat. The final plat
application for Lexington Square 7th Addition was submitted and the
staff recommended approval by the Council, subject to compliance
with City requirements. R 87-23
8. LeMay Lake Hills - Replat - Final Plat. The LeMay Lake
Hills replat application was submitted and subject to compliance
with all City ordinance requirements, it was recommended that it be
approved. R 87-24
9. Royal Oak Circle 3rd Addition - Final Plat. The application
for final plat approval of Royal Oak Circle 3rd Addition came on
next to the City Council for approval. It was recommended that the
application be approved subject to City ordinance compliance.
R 87-25
10. Town Centre 100 3rd Addition - Final Plat. The application
of Federal Land Company for final plat approval of Town Centre 100
3rd Addition came to the City Council and the staff recommended
approval. R 87-26
11. Election Judges Appointment. A schedule of proposed
election judges for the special fire bond referendum scheduled for
May 28, 1987 was submitted and recommended to be approved by the
City Council.
Egan moved, Wachter seconded the motion to approve the foregoing
consent agenda items and authorize the staff to implement each of
them. All members voted affirmatively.
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EAGAN HILLS FARM - PROJECT #491 - PUBLIC HEARING
Mayor Bea Blomquist convened the public hearing regarding
Project #491 consisting of the trunk, utilities and street
improvements for the Eagan Hills Farm project. Tom Colbert opened
the hearing and Mark Hanson described the project in some detail.
The project provides for the construction of trunk sanitary sewer,
water main, storm sewer and collector streets to serve the Eagan
Hills Farm planned residential development. Eagan Hills Farms
includes two plats called Bridle Ridge and Stone Bridge located
south of Wescott Road and west of Dodd Road. The two plats comprise
a total of approximately 220 acres with Bridle Ridge containing 203
lots and Stone Bridge containing 196 lots. Mr. Hanson indicated the
project is feasible and reviewed each of the aspects in detail,
including costs and proposed assessments.
Councilmembers were concerned about keeping the lakes at a
desirable and constant level and there was discussion concerning the
estimated revenue from the assessments, and the deficit that's
projected.
Myron Hanson of 4015 Dodd Road appeared and had questions about
water main assessments, noting the triangular shape of his parcel.
Another resident of Dodd Road had questions about assessments also.
There were no objections to the project.
Councilman Wachter raised questions about the deficit in the
street construction portion and Mr. Colbert noted that direct access
to a collector street is limited, reducing the amount of assessable
frontage and the major street fund is intended to pick up park land
assessments. There was a question also about an EAW and it was
understood that there had been negative comments.
Country Hollow Addition, east of Dodd Road, is scheduled to be
considered at the April 1987 Advisory Planning Commission meeting,
which is a tentative tie in to the sanitary sewer outlet. If that
addition is not approved, revisions will, be required for the
project. Mr. Colbert noted a 36 foot wide street, rather than 44
foot is being proposed for Elrene Road and also proposed MSA
financing is being used for the community collector street.
Councilman Smith expressed concerns about the rear yards backing
onto Elrene Road, and Rod Hardy, a developer, was present and
explained the steps that will be taken to improve the site view
along Elrene Road. Additional plantings and a development plan will
be submitted and approved by the City. A request was made to
acquire a similar commitment from the developer to the east and also
to consider deed restrictions to assure compliance.
Egan moved, Wachter seconded the motion to close the hearing, to
order in the improvements, and to authorize the plans and
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specifications, and in addition to assure that there are adequate
landscaping plans along Elrene Road with approval by the City staff.
All members voted in favor.
EAST WESCOTT ROAD - PROJECT #494 - PUBLIC HEARING
The next public hearing convened by the Mayor dealt with
Project #494 consisting of East Wescott Road street and utility
improvements. Tom Colbert and Mark Hanson explained the project and
it was noted the project provides for the upgrading of Wescott Road
for 1.44 miles to a 52 foot width, four-lane, from one-half mile
east of Lexington Avenue to Dodd Road. The westerly one-half mile
presently includes a 24 foot wide gravel road, while the easterly
section has been partially upgraded to its ultimate width. Ken
Gangl, 700 Wescott Road, appeared but there were no objections to
the project. After further discussion and questions, Smith moved,
Ellison seconded the motion to close the public hearing and order in
the project as proposed and to authorize the preparation of the
detailed plans and specifications by the consulting engineer. All
members voted yea.
ROYAL OAK ADDITION - PROJECT #432 - FINAL ASSESSMENT HEARING
The final assessment hearing regarding Royal Oak Addition,
Project #432 was convened by the Mayor. It was explained that the
notices were not properly distributed and therefore, the
recommendation was made and Egan moved, Wachter seconded the motion
to continue the final assessment hearing for Project #432 until the
May 5, 1987 regular council meeting at 7:00 p.m. All voted yea.
WINDTREE 5TH & 6TH ADDITION - PROJECT #462
FINAL ASSESSMENT HEARING
The notices regarding the final assessment hearing under Project
#462 had not been properly published and therefore, Ellison moved,
Wachter seconded the motion to continue the final assessment hearing
for Project #462 consisting of Windtree 5th and 6th Additions street
and utility improvements, until the May 5, 1987 regular meeting.
All members voted yes.
CRESTRIDGE LANE - STREET VACATION
The public hearing, regarding the vacation of a portion of
Crestridge Lane adjacent to the proposed Pinecrest Addition was next
convened by the Mayor. After description by Public Works Director
Colbert, noting there were no objections, Wachter moved, Egan
seconded the motion to close the public hearing and approve the
vacation of a portion of Crestridge Lane as provided in the legal
description. All councilmembers voted yes.
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BRITTANY 9TH ADDITION - PROJECT #459 - FINAL ASSESSMENT HEARING
The final assessment hearing regarding Project #459 consisting
of street and utility improvements for Brittany 9th Addition was
convened by the Mayor. Noting that the public hearing notice was
not published in the legal newspaper, upon motion by Egan, seconded
Ellison, it was resolved that the public hearing be continued until
the May 5, 1987 regular council meeting at 7:00 p.m. at the
Municipal Center. All members voted in favor.
NSP SUBSTATION - LANDSCAPE PLAN REVIEW
The landscape plan review for Lot 10, Block 2, Eagandale Center
Industrial Park No. 3 consisting of an NSP substation next was
brought to the Council. Dale Runkle briefly described the proposal
and Bob Burg of NSP explained the plan to the councilmembers. The
city landscape architect reviewed the plan with some recommendations
for revisions with additional landscaping. There were no objections
and upon motion by Egan, seconded Wachter, it was resolved that the
Council approve the landscape plan as submitted by NSP with further
study of the Council concerns. All members voted in favor.
Mr. Burg questioned whether blacktopping would be required
because of very heavy transformers that are moved in periodically.
He requested a gravel entry street, rather than blacktop. Because
of erosion control, dust control and aesthetic issues, the Council
directed the blacktopping requirement to be adhered to.
EAGANDALE CENTER INDUSTRIAL PARK NO. 8 - FINAL PLAT
The application for approval of Eagandale Center Industrial Park
No. 8 final plat came before the City Council. There being no
objections, Wachter moved, Egan seconded the motion to approve the
application, subject to compliance with City requirements. All
voted yes.
R 87-27
BLACKHAWK PLAZA - CONDITIONAL USE PERMIT
The application of Blackhawk Plaza, Inc. for conditional use
permit to allow gas pumps and service bays on separate lots in the
Blackhawk Plaza Shopping Center came next to the City Council. The
Advisory Planning Commission held its public hearing on February 26,
1987 and recommended denial of the application. At the March 17,
1987 City Council meeting, a conditional use permit was considered
and the Council after hearing the neighbors and the applicant, moved
to continue the application until the April 7, 1987 meeting. At
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that meeting, Mr. Peter Stalland, attorney for the applicant, cited
certain issues and the City Council continued the application to the
April 21, 1987 meeting to allow City staff and neighbors to hold an
informational meeting, further review of the overall development
plans, and a review of certain legal issues involved.
Tom Hedges described the application and some of the background
information, including the fact that when the preliminary plat
application was originally approved in 1985, that although there is
no provision that the service station with service bays and gas
pumps will be located on Lot 5, it was the understanding of the City
Council, staff and adjacent neighborhood residents, that the service
station was to be placed on Lot 5. In addition, a conditional use
permit was approved with specific conditions regarding the service
station which indicated its location on Lot 5.
A neighborhood meeting was held on April 16, 1987 with
approximately 25 people in attendance. Landscaping and grading of
the site, the gas pumps and how they'd be affected by the new road
right-of-way and alignment of Blackhawk Road were the principal
items of discussion.
Dale Runkle described some of the issues involved, including the
closeness of the gas pumps to the residential area, the drainage to
the property to the north, the berming, the lighting, and certain
other neighborhood concerns. Mr. Colbert described the landscaping
and noted that a berm of only 3 feet in height along the 8 foot
trailway can be installed.
Peter Stalland and Steve Ramsey were present and had certain
questions of the City Council and staff members. Mario Sallas, a
resident on Kathryn Circle, and a relatively large number of
property owners were present. One resident suggested that Code
52.08 applied to gasoline which is an explosive and should not be
located within 400 feet of a residential district. Councilman Egan
questioned the stacking distance, width between the pumps and the
traffic flow problems. Mr. Colbert indicated that stacking and the
width between the pumps had not been officially reviewed, and noted
that several designs had been reviewed by the staff.
The architect for the project was also present and stated that
the canopy cover is 15 feet from the building.
Councilman Wachter made the following comments and objections:
1. The area in which the pumps are now intended to be placed,
was originally intended as a driveway for service vehicles to the
rear of the building.
2. A hazard would be created in having to move trucks around
the building past the gas pump area.
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April 21, 1987
3. There would be a safety hazard for pedestrians in the
general area where the pumps would also be present.
4. It was Mr. Wachter's opinion that there had been an
agreement as to the location of the service station and opposed a
change.
Mayor Blomquist mentioned the following concerns:
1. A conditional use permit is already granted for the service
station location.
2. The shopping center building is too close to the street to
accommodate the gas pumps.
3. There is not sufficient area for the driving radius around
the gas pumps.
4. Had the pumps been designated in that design location
originally, the Council would have required the building to be moved
to the east.
5. The City Council members fought for the Diffley Road opening
with the County and that location is a logical location for the
service station.
6. The Diffley Lot 5 location would be a safer location for gas
storage also.
7. There would be more stacking room on the Lot 5 area.
8. There would be potentially greater parking available in the
Lot 5 area.
Darold Anderson, architect for the applicant, made a
presentation concerning the traffic circulation. He described the
by-pass lane around the back of the shopping center building, the
two pumps, one on each island offering greater stacking room, the
fact that the service to the rear had not been disturbed and that
the applicant intends to increase the green space to the west end of
the building near the gas pumps. He also noted that the entry
elevation is about 825 feet and may rise about 2 feet, and floor
elevation is 830 feet at the west end of the building. This would
provide for a 3 foot berm on Blackhawk Road at the entry location.
Mr. Anderson also explained that two-way traffic would be
allowed around the building. The distance between the pumps will be
24 feet and two vehicles could be serviced on each side of each
pump.
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A Pump and Meter, Inc. representative was also present for the
applicant and made comments regarding the project. There were also
objections to the effect that there may be stacking in the 24 foot
roadway causing obstructions, any car could be allowed to approach
any pump at any time which could cause some confusion, trucks
circulating around the gas pumps may find it difficult to do so
because of the tightness, the unloading of the tanker trucks would
also create an obstruction of the 24 foot roadway, there are no
connected service bays as was the original intention of the
ordinance and obstructions in the 24 foot roadway could create
safety, including police and fire problems.
After extended discussion and explanation by the applicant and
its representatives, Smith moved, Wachter seconded the motion to
deny the application for the reasons stated above and more
specifically provided in the Blackhawk Plaza Resolution, a copy of
which is attached to these minutes.
1. A conditional use permit was already granted by the City
Council when the preliminary plat was approved for the location of
the service station on Lot 5, and it was deemed inappropriate to
revise the location according to the proposal in the current
conditional use permit application.
2. Had the current location been applied for in the original
conditional use permit application, the City Council would not have
approved it because of safety and traffic circulation issues.
3. The current plan constitutes a material change in the
original plan from the full-service station to gas pumps at a
convenience store and separated service bays.
4. The City ordinance for a Neighborhood Business district
requires service stations with service bays and this is not what is
being applied for under the current application.
5. There are other more appropriate sites within the
development that could be the location for gas pumps and service
bays with considerably better traffic circulation and fewer safety
issues.
6. The neighboring residents and the City Councilmembers were
lead to believe that there would be adequate berming and the three
foot screening being proposed is not adequate according to the
original plan approved by the Council, and designated by the
developer in the original plan.
7. A serious safety issue arises with traffic entering and
exiting the development from Blackhawk Road as it would be very
close to the gas pump access location.
8. Trucks coming into the shopping center from Blackhawk Road
and also going around the 24 foot service road would create a
traffic and safety problem near the gas pumps.
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April 21, 1987
9. The tanker trunks unloading gas for the gas pumps would
create obstructions in the traffic on the 24 foot service road.
10. There does not appear to be adequate stacking distance or
driving radius for the automobiles in and near the gas pumps,
particularly if there are any trucks that are being refueled.
11. The shopping center building is located too close to
Blackhawk Road to accommodate gas pumps between the building and
Blackhawk Road and had the applicant requested the Blackhawk Road
location in 1985, the Council would not have considered approval
without moving the building easterly.
12. There is insufficient driveway radius for vehicles coming
through the gas pumps.
13. The most appropriate location for the gas pumps for traffic
circulation purposes, stacking, safety purposes and adequacy of
parking, is along Diffley Road in the area of Lot 5.
14. The City had relied upon a full width entry driveway and
the canopy intrudes on part of the driveway, causing a driveway and
setback obstrsuction.
Councilman Ellison spoke in favor of the application and asked
the developer if the application is rejected, would the developer
place the service station on Lot 5? Mr. Stalland stated the
developer would not be willing to move the gas pump location.
Mayor Blomquist stated the main issues were safety and traffic
and the service bay issue was not the most important issue, as
recited by Mr. Stalland. Mr. Stalland further indicated that the
staff had reviewed three plans and was most favorable to the current
plan. John Wills of Kathryn Circle appeared and was concerned about
fire vehicles in back of the building if a hazard occurs.,
The comment made by Mr. Voss regarding, GB zoning in the BBD
report was cited by Mr. Stalland and Councilmembers indicated that
Mr. Voss was not up to date with the intent of the City Council.
Mr. Smith reiterated that there are better locations on the site
preferable from a safety standpoint. Mr. Wachter also noted that
the actual development may create more serious safety issues than
would appear on the plans. Mr. Ellison stated, however, that it was
his opinion that the safety problems were not as great as the Yankee
Square Tom Thumb gas pump location, which he strongly opposed.
Those in favor were Wachter, Blomquist, Smith and Eagan; against was
Ellison.
TEMPORARY ADVERTISING SIGNS
The City Administrator then discussed with the City Council the
proposal of the Council to disallow off-site advertising signs on
major intersections throughout the City. For the past 15 months,
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the City Council has explored possible methods to reduce or
consolidate off-site temporary advertising signs that provide
information and direction for residential plats and developments
throughout the community. The Developer's Task Force has reviewed
several different options for restricting and regulating the size
and location of off-site temporary advertising/directional signs and
presented other findings to the City Council workshop session. At
that special City Council workshop session, it was determined by the
Councilmembers that off-site temporary advertising signs should be
disallowed and the developers be encouraged to utilize the media for
direction in advertising and further, that off-site advertising
would be allowed according to present City Code regulations.
The City Attorney's office submitted a proposed revision to the
Ordinance to disallow off-site temporary advertising signs. Because
of violations by developers, the unsightliness that has been
created, the proliferation of signs on corners and the difficulty of
regulation, the Council had determined that it would be advisable to
eliminate the signs.
Therese Murphy of Dominium Group appeared and suggested other
alternates for advertising. Councilman Ellison stated that there
are other methods and further that the plan is that such existing
sign permits will eventually expire and be ordered to be removed.
Rod Hardy of Sienna Corporation was also present and recommended the
Developer's Task Force be permitted to review the proposal of the
Council. Councilman Smith indicated that the proposal that had
originally come from Councilman Ellison appeared to be a good
suggestion but it became cumbersome to carry out. He recommended a
moratorium on new applications and that the Task Force review and
make recommendations to the City Council. Smith moved to declare a
moratorium on allowing new temporary advertising sign applications
and to refer the issue back to the Developer's Task Force with all
concerns that the Council has had regarding the proposal and that
the Task Force then review and make recommendations to the City
Council. Wachter seconded the motion. All voted in favor.
DOMINIUM GROUP - DIRECTIONAL SIGNS
An application of Dominium Group for four 4' x 8' two-
directional signs to be located near the intersection of Pilot Knob
Road and Cliff Road, Thomas Lake Road and Cliff Road, Knob Hill
Professional Park and Diffley and Thomas Lake Roads, came next to
the Council for its consideration. Therese Murphy was present and
the Council briefly discussed the previous action regarding
directional signs. Egan moved, Wachter seconded the motion to
continue the application until the Task Force responds to the
Council and the Council has an opportunity to react to the proposal
regarding directional signs. All members voted yes.
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RAHN RIDGE ADDITION - WAIVER OF PLAT
An application was brought to the Council by B. H. Grace
Corporation for waiver of plat for Lot 6, Block 1, and Lot 3, Block
2, Rahn Ridge Addition requesting division of two duplex lots. Dale
Runkle briefly explained the proposal and there were no objections.
Egan moved, Ellison seconded the motion to approve the application,
subject to compliance with all applicable City ordinances. All
voted yea. R 87-28
EAGANDALE CENTER INDUSTRIAL PARK NO. 3 - VARIANCE
An application submitted by 7-8-9 Company for variance for 20
foot side setback in an industrial area in the northwest corner of
Lots 7 and 8 of Eagandale Center Industrial Park #3, for
construction of a building was brought to the Council. Dale Runkle
reviewed the application and Dennis Briguet was present. The
purpose was to allow maximum flexibility for truck movement,
according to Mr. Runkle and compliance with the ordinance is
possible, but the proposal is more feasible. Ellison moved, Wachter
seconded the motion, noting safety reasons were the basis for the
hardship, to approve the application, subject to all other City
ordinances. All voted affirmatively.
HARVEY ADDITION - JERRY & DIANE GROTH
The application of Jerry and Diane Groth for variance to allow a
10 foot deviation from the owner's property line for a single family
residential unit located on Lot 5, Block 1, Harvey Addition, came to
the City Council. The proposal is to construct a 30 foot by 26 foot
garage in the back portion of the single family lot. Mr. Groth was
present and Mr. Runkle gave a brief explanation. Wachter moved,
Egan seconded the motion to approve the application, noting there
were no objections, with the understanding that the neighboring
owners will indicate that they have no objection, in writing. All
members voted yes.
BARTON McGRAY ADDITION - CONDITIONAL USE PERMIT
AUTO BODY SHOP
The application of Daniel Sjolseth for conditional use permit to
allow motor vehicle repair and limited outdoor storage in a general
business district on Lot 1, Block 1, Barton McGray Addition, near
Highway #13 was brought before the Council. The Planning Commission
recommended approval subject to certain conditions. The Planning
Commission had concerns about visibility from the ramp from Highway
#13 onto Cedar Avenue, according to Mr. Runkle. Mr. Sjolseth was
present and answered questions of the City Council.
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April 21, 1987
After discussion, Ellison moved, Egan seconded the motion to
approve the application for conditional use permit subject to the
following conditions:
1. The following items shall be approved by staff prior to
issuance of a building permit:
a. Internal storm sewer.
b. Approval by MnDOT for storm water discharge into highway
right-of-way.
c. Appropriate utility easements.
d. Black top parking lot with concrete curb and gutter.
e. 30 foot wide entrance, face to face.
2. The fence shall be opaque and a natural color.
3. The revised landscape plan will be submitted with the
building permit application, and approved by the staff. This plan
shall be installed with the initial building construction.
4. All cars with damage in excess of $1,000.00 shall be covered
until repaired.
5. There shall be no parts storage outside the building.
6. All conditional use permit requirements shall be complied
with in order for the permit to continue.
All voted in favor.
EAGAN WOODHAVEN ADDITION - REZONING & PRELIMINARY PLAT
An application was submitted by Eagan Woodhaven Partnership
(Daniel Gustafson) for rezoning and preliminary plat for Eagan
Woodhaven Addition. The proposal includes rezoning of 5 acres to R-
4 Multiple from A (Agricultural) zoning. The Land Use Map
designates the area as D-IV Multiple, and the plat provides for 12.8
units per acre. Dale Runkle introduced the application and Dan
Gustafson was present. Mr. Gustafson indicated the buildings would
be 104 feet in length and spoke of preserving trees, including the
evergreens and oak trees on the site. The driveway has been moved
north to align it with the park entrance along Lexington Avenue.
The APC recommended approval. Market studies, according to Mr.
Gustafson, indicate the need for efficiency and one-bedroom units in
Eagan. After review, Smith moved, Egan seconded the motion to
approve the application for rezoning as requested. All voted aye.
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April 21, 1987
Eagan moved, Wachter seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. The 6 inch water main proposed by this development, the
existing 4 inch water main in Lexington Place 2nd Addition, and the
existing 6 inch water main in the Stuarts 1st Addition, shall be
interconnected.
2. This development shall comply with the recommendations of
the SWCD.
3. A culvert shall be provided under the entrance to this
development.
4. The driveway access location to this development shall be in
accordance with Dakota County Highway Department recommendations.
5. All applicable permits shall be acquired prior to final plat
approval.
6. A 60 foot half right-of-way and a 20 foot slope easement for
Lexington Avenue shall be required.
7. The appropriate ponding easement for Pond DP-18 shall be
dedicated.
8. All proper utility and driveway easements as outlined in the
staff report shall be dedicated.
9. This development shall be responsible for all additional
assessment obligations associated with the development of this plat
at the rates in effect at the time of final plat approval, including
Lexington Avenue trailway.
10. All standard platting conditions shall be adhered to.
11. The plat name shall be changed and/or the project shall be
marketed under a different name to avoid confusion with the existing
Woodhaven Addition.
12. ' A financial guarantee shall be submitted for the
landscaping and not be released until one year following the date of
installation.
13. The trash shall be kept in closed containers in the tenants
garage until the day of pick-up.
14. One covered garage space shall be included with the rent.
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April 21, 1987 -
15. This plat shall be subject to a parks dedication fee.
16. Erosion control shall be complied with according to City
requirements.
All members voted affirmatively.
SEE PLAT FILE
HIDDEN VALLEY ADDITION - PRELIMINARY PLAT
The application of Graham Development Company for preliminary
plat approval for Hidden Valley Addition located north of Deerwood
on the east side of Pilot Knob Road, was brought to the Council.
Dale Runkle explained that the Advisory Planning Commission
recommended approval subject to certain conditions and a number of
neighboring property owners were present. Representatives of the
applicant were also present, including Mike Gair, Planner. A
neighborhood meeting had been held with the developer and it was
noted a trail connection is being provided in the plat. A street
connection is indicated, running to the north, and according to
staff, it would be in a location that would be least disruptive to
the adjacent property. There were no objections, and Wachter moved,
Egan seconded the motion to approve the application, subject to the
following conditions:
1. The grading plans in the area of Lots 2 and 3, Block 2 shall
be revised to eliminate the drainage swales in their respective back
yards.
2. The land locked low area in the south-central portion of the
site and the low area along the north property line shall have
outlets provided through the proposed storm sewer.
3. The proposed storm sewer shall be sized to handle the
appropriate drainage areas.
4. An alternative to installing the 1200 feet of gravity sewer
to the existing lift station on the east aide of Pond JP-6 may be
installing a lift station on the Hidden Valley property. The
feasibility of this lift station will have to be explored in depth.
The lift station would then be sized to serve the Hidden Valley
development and the adjacent Skovdale No. 2 property.
5. Street and utility stubs shall be provided to the
appropriate adjacent properties.
6. An 8 inch water main rather than a 6 inch water main shall
be installed.
7. The appropriate right-of-way and right of access shall be
dedicated for CSAH 31 in accordance with Dakota County
recommendations.
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April 21, 1987
se
8. The grading plan shall be revised to adhere to the 8%
maximum street grade criteria. Also, the 2% maximum entrance grade
criteria shall be adhered to.
9. A 20 foot slope easement shall be required along Pilot Knob
Road.
10. All appropriate utility easements shall be obtained and
dedicated.
11. This development shall be responsible for obtaining all
appropriate permits prior to final plat approval.
12. All standard platting conditions shall be adhered to.
13. An erosion/sediment control plan in accordance with SWCD
shall be provided.
14. A variance shall be granted for the cul-de-sac in excess of
500 feet.
15. This plat shall be subject to the recommendations of the
Advisory Park and Recreation Commission.
16. The developer shall provide a trailway into the proposed
park property from the public street.
17. The preliminary plat shall be re-noticed for public hearing
before the City Council.
18. The developer shall have a neighborhood meeting with the
neighbors prior to the City Council meeting.
19. The flooding of the Staff property by the storm pond shall
be reviewed by City staff prior to the City Council meeting.
20. The developer shall advise all potential buyers of the
lots, about the Williams Brothers Pipeline existence.
All councilmembers voted yes.
SEE PLAT FILE
SILVER BELL 2ND ADDITION - PRELIMINARY PLAT
AND CONDITIONAL USE PERMIT
An application was .submitted on behalf of Dallas Development
Company for preliminary plat approval and conditional use permit for
an automobile service center, restaurant and 103,000 square foot
office/showroom at Silver Bell Road and Highway #13. Bernie Frey,
representing the applicant, requested that the applications be
withdrawn at the present time and that the Company is planning to
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Council Minutes
April 21, 1987
address the concerns of the Planning Commission and resubmit the
application for further consideration. Councilmembers generally
expressed favorable comment about some commercial uses in the
location because of its proximity to Highway #13. Egan moved,
Wachter seconded the motion to acknowledge the request of Dallas
Development Company and to remove the preliminary plat application
and the conditional use permit application. All voted yes.
SEE PLAT FILE
SOLID WASTE COLLECTION STUDY
The Solid Waste Abatement Commission, according to Mr. Hedges,
has met on numerous occasions to study different issues related to
the solid waste abatement mandate that cities must comply with by
1990. A recommendation was made to the Council that an organized
collection study was performed by a consultant and an RFP has been
prepared by Assistant Administrator Hohenstein, entitled "Organized
Residential Refuse Collection Study Consulting Services for the City
of Eagan". Smith moved, Ellison seconded the motion to accept the
recommendation of the Solid Waste Abatement Commission and proceed
with the request for proposals for organized residential refuse
collection study consulting services. All members voted yea.
PUBLIC IMPROVEMENT CONTRACTS
The following public improvement contracts were submitted to the
Council's review and recommended by the staff to be approved:
1. Contract #87-6 - Pilot Knob Road - Trunk Storm Sewer. It
was recommended that the low bidder, S. J. Louis, in the sum of
$252,249.85 be awarded the contract, under City Project #473.
2. Lone Oak 2nd Addition - Contract #87-7. The street and
utility improvements under Contract #87-7 consisting of Lone Oak 2nd
Addition was brought and the low bidder on the project was F. F.
Jedlicki in the sum of $421,184.70. It was recommended the low
bidder be awarded the contract.
3. Ashbury Road - Contract #86-3. It was recommended that
Contract #86-3 covering Ashbury Road street and utility improvements
be approved and that the improvements be accepted for perpetual
maintenance.
4. Birch Park Addition - Contract #85-10. The recommendation
was made by the staff to approve Contract #85-10 consisting of Birch
Park Addition streets- and utility improvements and accept the
project for perpetual maintenance purposes.
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Council Minutes April 21, 1987 -
5. Wyndham Corporate Center - Contract #86-11. A recommendation
was made by the City staff to the City Council that it approve the
4th and final pay request for Contract #86-11 covering the Wyndham
Corporate Center utility improvements to J. P. Norex Incorporated in
the amount of $11,064.36 and accept for perpetual maintenance the
improvements under the project.
Wachter moved, Egan seconded the motion to approve the foregoing
recommendations and authorize their implementation. All voted yea.
LAKESIDE ESTATES PARK
City Administrator indicated that there were residents present
in the area of Atlantic Hills Drive who submitted a letter objecting
to the City's proposed backstop to be located in the park. He gave
some of the background regarding the proposed park improvements and
noted the Advisory Parks and Recreation Commission is supporting the
backstop with the understanding there will be no organized baseball
or softball played on that field and the use of the field is
intended for small children residing in the Lakeside Estates
neighborhood.
Doug Dahl and other residents were present as well as Carolyn
Thurston and Chairman Roger Martin of the Eagan Advisory Parks
Commission. Mr. Dahl stated that he felt the neighbors were unable
to give proper input to the Commission or to the park staff. He
objected to the softball field being oriented toward his house and
argued that trees would have to be removed unnecessarily. The park
commission members indicated that trees intended to be removed are
not of a desired species and Roger Martin noted that the proposal is
for a neighborhood park for non-scheduled games. Mr. Hedges
portrayed a drawing of the proposal and some neighbors claimed that
they had not been given adequate notice of the meeting to discuss
the plan.
Councilman Ellison opposed ball fields in this location and
favored a passive park. Chairman Martin noted that some neighbors
had earlier asked for active play area and therefore, there was not
consensus in the neighborhood.
Wachter moved, Egan seconded the motion to refer the issue back
to the Advisory Park Commission for review and further
recommendation, and that an attempt be made to involve as many of
the neighborhood residents as possible with no further development
in the park until the final Council decision. All voted yes.
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April 21, 1987 -
e
1980 LAWCON/LCMR GRANT APPLICATION
Director of Parks and Recreation Ken Vraa was present and
requested approval to submit a preliminary grant application for the
1988 Lawcon/LCMR Grants Program. The grant would be submitted for
the development of Blackhawk Park and the deadline is May 4, 1987.
Egan moved, Wachter seconded the motion to approve the submission of
a preliminary grant application for the development of Blackhawk
Park with the State for Lawcon/LCMR funds. All voted yea.
BASEBALL CONCESSIONS
The Eagan Bluejays of the Cannon Valley Baseball League and
Minnesota Baseball Association requested permission to operate a
portable concession stand during the 13 weekend games at Goat Hill
Park. The concessions would not include alcoholic beverages, but
would be for pop, candy, chips and related items. Smith moved,
Ellison seconded the motion to approve the request for special
permission to allow the sale of non-alcoholic concessions for 13
weekend games but that the Council would not condone the selling or
giving away of beer in the City park, according to City policy. All
voted in favor.
AIRPORT POSITION PAPER
The City Council at its workshop meeting on April 13, 1987
reviewed a position paper prepared by Administrative Assistant
Hohenstein regarding air traffic noise. A revised position paper
was included with the packet material. Egan moved, Wachter seconded
the motion to approve the position paper as presented and modified.
All voted yes.
WINDTREE 8TH ADDITION - PROJECT #503
A petition has been submitted for Project #503 consisting of
street and utility improvements in Windtree 8th Addition and upon
motion by Egan, seconded by Wachter, it was resolved that the
petition be received and the consulting engineer be authorized to
prepare the feasibility report and detailed plans and
specifications. All voted yes.
CITY LAKE CLEANUP
Public Works Director Colbert requested direction from the City
Council concerning his request that the maintenance staff be
authorized to clean up around certain City lakes due to the fact
that the water level is very low in the lakes. The Council directed
the work to be done around some of the more visible lakes along
major streets.
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Council Minutes
April 21, 1987 -
STREET LIGHTS IN COMMERCIAL SUBDIVISIONS
Mr. Colbert explained to the City Council that developers in
commercial subdivisions have been increasing their request for
installing street lights, but that the street light design be chosen
individually by the commercial developers. Councilmembers expressed
no opposition, but directed the staff to set up a reasonable policy
concerning the street lights because of the potential for future
maintenance by the City and the need for uniformity in street light
design.
JAMES UNKER - APRIL 7, 1987 MINUTES
A request was made on behalf of James Unker for revision to the
conditions regarding his application approved at the April 7, 1987
meeting. Upon motion by Egan, seconded Blomquist, it was resolved
that the minutes be changed to reflect the recommendations of the
staff regarding the revised conditions. All voted yes.
LAWSUIT REVIEW
City Attorney Paul Hauge reviewed some of the existing lawsuits
with the City, including the Bieter Company case, the O'Neil case,
and the case recently tried in Dakota County District Court entitled
Tom Thumb vs. City of Eagan.
CHECKLIST
Wachter moved, Blomquist seconded the motion to approve the
checklist dated March 31, 1987 in the amount of $413,228.69 and
All voted yes. April 21,1987 in the amount of $610,658.03.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:45 p.m. All voted yes.
PHH
City erk
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