05/05/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 5, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
May 5, 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 Engineer
Bob Rosene, and City Attorney Paul Hauge were present.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
presented. All voted yes.
MINUTES
April 21, 1987 - Regular Meeting. Upon motion by Wachter,
seconded Egan, it was resolved that the Minutes of the regular
meeting of April 21, 1987 be approved. All members voted in favor.
April 13, 1987 - Special Meeting. Ellison moved, Wachter
seconded the motion to approve the minutes of the special meeting of
April 13, 1987. All voted yea.
POLICE DEPARTMENT
Police Chief Jay Berthe was present and Councilman Wachter asked
questions concerning the 45 mile per hour limit on Galaxie Avenue in
Apple Valley, and 35 mile per hour limit on Blackhawk Road in Eagan.
Chief Berthe indicated that because of the curvatures of Blackhawk
Road, south of Cliff Road, the reduction of the speed limit was
authorized.
VOLUNTEER FIRE DEPARTMENT
Fire Chief Ken Southorn appeared. Public Works Director Tom
Colbert described to the City Council, proposals made by the Fire
Department members for the parking lot improvements on all three
existing fire station sites. The lot expansion was requested for
the parking and a variance for setback for parking closer than 20
feet from the lot lines was presented for Station No. 1.
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May 5, 1987
As to Station No. 2, the proposal was to increase the parking
stall depths and to widen the parking area to allow more space to
maneuver vehicles which would require a variance from the setback.
Concerning Station No. 3, a small additional amount of blacktop
was being requested, with the variance also a requirement.
The curbing requirement on all three sites is an issue and if
the Council requires curbing, the question must be answered as to
whether the funding should come from maintenance or as a capital
item. The Council requested that the item be placed formally on the
May 19, 1987 agenda and that surrounding property owners,
particularly near Fire Station No. 1, be noticed concerning the
proposed variances.
RAX ROAST BEEF - EASEMENT FOR ACCESS DRIVE
Mr. Colbert described to the City Council the request submitted
by the attorney for Cedarvale Bowl Lanes that the council vacate the
existing drainage and utility easement over the private access drive
between Cedarvale Blvd. and Rahn Road. All the affected neighboring
property owners approved the vacation. Mr. Colbert noted that the
easement provides for overflow drainage and presented the question
whether the City Council wants to retain the easement. There were
concerns expressed by Councilmembers regarding the clean-up of the
Country Club area and also the need for two-way traffic around the
Country Club Market building. It was determined that the request
will be considered at the time of the public hearing regarding the
improvements in the general Country Club Market area. No action was
taken.
CONSENT AGENDA
The staff presented the following consent agenda items and
recommended that they be approved by the City Council:
1. Personnel Items.
a. Seasonal Park Maintenance Workers. The recommendation
was made that Kevin Doehling, Peter Ellingson, Steven Martin, Todd
Parker and James Schmid be hired as seasonal park maintenance
workers.
b. Seasonal Park Attendants/Trapp Farm Park. It was
recommended that Brent Tait be hired as the seasonal park attendant
at Trapp Farm Park.
c. Permanent Part-time Clerk Typist - Fire Dept. The
recommendation was made to the City Council that it hire Susie Kugel
as part-time clerk typist for the Fire Administration Building.
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2. Plumbers Licenses. A schedule of four plumbers license
applications including Dakota Plumbing & Heating, June Plumbing &
Heating, Lichliter Brothers Plumbing, and Schulties Plumbing &
Heating was recommended to be approved.
3. Camp New Hope - Gambling Application. An application was
submitted by Camp New Hope, Inc. for gambling application for pull-
tabs at the Eagan Tap, Inc. at 3998 Sibley Memorial Highway.
Because part of the application information had not been submitted,
staff recommended that the application be denied.
4. Consulting Planning Firm - Fee Schedule. A revised fee
scheduled was submitted by John Voss, President of Urban Planning &
Design, effective May 1, 1987. It was recommended the fee schedule
be approved.
5. Osman Temple - Gambling License. An application was
submitted by Lost Spur/Osman Temple Club for renewal license for
raffles only. Staff recommended that the application be approved,
subject to compliance with City and State requirements.
Upon motion by Egan, seconded Smith, it was resolved that the
foregoing consent agenda items be approved as presented. All voted
yes.
BLACKHAWK GLEN - PROJECT #454 - PUBLIC HEARING
Mayor Bea Blomquist convened the public hearing regarding the
final assessment improvements for Project #454 consisting of
Blackhawk Glen street and utility improvements. The Public Works
Director described the assessments, including nine parcels with
assessments over 10 years at 8 1/2% interest under Improvement
Contract #86-3. There were no objections and representatives of
Sienna Corporation were present with no objections. Smith moved,
Wachter seconded the motion to close the hearing, to approve the
assessment roll and authorize certification to Dakota County. All
members voted affirmatively.
NORWEST 2ND ADDITION - UTILITY EASEMENT VACATION
A public hearing regarding the vacation of utility easements for
Norwest 2nd Addition was convened by the Mayor. Noting that the
published notice had not been completed, it was recommended that the
hearing be continued. Upon motion by Egan, seconded Wachter, it was
resolved that the public hearing be continued to the regular meeting
on May 19, 1987 to 7:00 p.m. at the City Municipal Center. All
members voted in favor. -
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ROYAL OAK CIRCLE - PROJECT #432 - ASSESSMENT HEARING
The assessment hearing regarding Project #432 consisting of
Royal Oak Circle street and utility improvements was convened by the
Mayor. After describing the project by Mr. Colbert and there being
no objection, upon motion by Wachter, seconded Egan, it was resolved
that the hearing be closed, the roll be approved and that the
certification to the County be authorized. All members voted yea.
WINDTREE 5TH & 6TH ADDITIONS - PROJECT #462 - ASSESSMENT HEARING
The next assessment hearing convened by the Mayor concerned
Windtree 5.th and 6th Additions street and utility improvements under
Project #462. Mr. Colbert - described the assessments and there being
no objections, Egan moved, Ellison seconded the motion to close the
public hearing, to approve the assessment roll and authorize
certification to the Dakota County Auditor. All voted yes.
BRITTANY 9TH ADDITION - PROJECT #459 - ASSESSMENT HEARING
The assessment hearing regarding Project #459 consisting of
street and utility improvements in Brittany 9th Addition next was
convened by Mayor Bea Blomquist. Mr. Colbert reviewed the proposed
assessments and the benefits that were attributable to the affected
lots. Gene Bradford, one of the property owners, was present and
stated that no escrow was held for his lot that had recently been
closed and requested that the City assist in utilizing the
developer's escrow to pay the assessment. Carl Tollefson, the
developer, was present and had no objection to the use of the escrow
funds for that purpose. Ellison moved, Wachter seconded the motion
to close the hearing, to approve the final assessment roll and to
authorize certification to the Auditor of Dakota County. All
members voted yea.
COMPRI HOTEL - LIQUOR LICENSE
An application was submitted for on-sale liquor license for the
Compri Hotel. Mr. Hedges explained the application and stated that
there were concerns by the staff whether the liquor license would be
used for lounge/bar facility, rather than restaurant, under the
criteria set up by the Eagan City Code and the applicant may not be
eligible for the license. It was recommended that consideration of
the application be continued. Smith moved, Wachter seconded the
motion to continue the -application indefinitely to allow completion
of the application and submission of proper information by the
applicant and review by City staff, prior to Council consideration.
All voted yes.
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MALLARD PARK 3RD ADDITION - WAIVER OF PLAT
An application was submitted by Stephen Wensman (Steph-An Homes)
for waiver of plat, to shift a property line between Lots 10 and 11,
Block 2, of Mallard Park 3rd Addition. Dale Runkle described the
application and noted the Advisory Planning Commission recommended
denial, indicating no hardship appeared to be present. There was a
dispute between the owners regarding the changing of the fence line
and Mr. Wensman was present. He stated that he was unable to
acquire marketable title to the property for Lot 11 because of the
fence encroachment. Councilmembers noted the clear hardship because
of the cost involved in moving a substantial fence and Egan moved,
Smith seconded the motion to approve the application, subject to
compliance with all other City ordinance requirements. All members
voted yea. _
R 87-29
POND VIEW ADDITION - REZONING
An application of Molinero Associates and others regarding the
rezoning of approximately 30 acres from A (Agricultural) and Planned
Development, to Commercial and Mixed Residential Planned Development
came next to the City Council. The Planning Commission recommended
approval at its meeting on April 28, 1987. An updated report
submitted by the Planning staff indicated a traffic study that was
requested by the City Council had been completed and that the trip
generation from the Pond View area would consist of only about 5% of
the trips in the general area. Mr. Hedges noted that he had
received a call from Tom O'Connell of Fairview Ridges, requesting
continuance until May 19, 1987 because of the need for further
negotiations between buyers and sellers.
Meg Bye appeared on behalf of Fairview Ridges Hospital and
stated that the Hospital is still actively recruiting physicians and
has acquired a developer but that the Purchase Agreement has not
been completed. Egan moved, Wachter seconded the motion to continue
the application until the May 19, 1987 regular meeting. All voted
yea.
BRITTANY 10TH ADDITION - REZONING & PRELIMINARY PLAT
The application of Brittany Estates, Inc. for rezoning of 17.5
acres from A (Agricultural) to R-1 and preliminary plat consisting
of 31 lots entitled Brittany 10th Addition came to the Council. The
applicant was not present and Egan moved, Wachter seconded the
motion to continue the application until later in the meeting. All
members voted yea.
SEE PLAT FILE
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May 5, 1987
CLIFF ROAD SHOPPES - PRELIMINARY PLAT
An application was submitted by Western Commercial Properties,
Inc. for preliminary plat approval of Cliff Road Shoppes consisting
of Outlot D, Oak Cliff Addition as part of the Winkler/Jackson
Addition on Cliff Road. Dale Runkle, City Planner, described the
application on behalf of the City and noted that 375 ten-foot wide
parking stalls are required and 377 have been proposed. He
recommended that 20 stalls along the west side of the building could
cause service problems, and should be either eliminated or moved to
the southeastern portion of the site. Tim Menning of Amcon
Corporation, the developer, was present and stated that the
developer had no objection to the 25 conditions imposed by the City.
The Planning Commission recommended approval and Mr. Menning also
stated that the developer was agreeable with the Mary, Mother of the
Church requests and indicated that he did not expect there would be
any problems with any of the neighboring property owners.
There was a question whether there was an erosion control plan,
and he mentioned that the erosion plan has been prepared and will be
complied with. All parking stalls will be 10 feet in width,
according to Mr. Menning and the developer could move some parking
spaces to the southeast corner.
Councilman Smith indicated that he believed that Eagan's parking
requirement in small shopping centers may be too high and that proof
of parking may be adequate, if additional spaces are needed in the
future. He further recommended that the staff review the code
requirements.
Smith moved, Egan seconded the motion to approve the application
for preliminary plat, subject to the following conditions, with the
understanding further that staff be directed to review the parking
requirements with the possibility of allowing proof of parking for
future requirements:
1. That the requests of Mary, Mother of the Church be complied
with by the applicant.
2. All standard plat conditions shall be adhered to.
3. A landscape plan shall be submitted with special emphasis on
screening the residential property to the south. This plan shall be
drawn on a proposed grading plan. A financial guarantee shall be
drawn on a proposed grading plan. A financial guarantee shall be
included and not released until one year from the installation date.
4. The building coverage shall not exceed the 20% allowed by
code.
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May 5, 1987
5. Building elevations for all sides shall be submitted prior
to preliminary plat approval. The materials and colors shall also
be selected.
6. All signage shall be subject to the one time sign fee of
$2.50 per square foot sign fee.
7. One pylon sign shall be approved with this plat if it meets
all code requirements listed in the staff report and subject to the
sign fee.
8. All building fan units shall be suitably screened.
9. All trash facilities shall be located within the building
and be approved by the Fire Marshall.
10. This plat shall be subject to a parks dedication fee.
11. The development shall be responsible for an 8 foot
bituminous trailway along Cliff Road.
12. The development shall obtain the appropriate slope
easements from the adjacent property owners along the west and south
of the development.
13. The development shall provide adequate storm sewer in the
southwest corner of the development to handle the runoff from the
Mary, Mother of the Church.
14. A manhole shall be installed at the right-of-way line of
Slaters Road where the existing sanitary sewer stub was made.
15. Adequate water main and hydrants shall be the
responsibility of this development.
16. A 75 foot half right-of-way for Cliff Road shall be
dedicated.
17. This development shall dedicate right-of-access to Dakota
County along Cliff Road.
18. Access to the development from Cliff Road shall be a right-
in-only maneuver. No exit onto Cliff Road will be allowed.
19. The development shall dedicate a 20 foot slope easement for
future Cliff Road upgrading.
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May 5, 1987
20. Entrances to the development from Slaters Road shall be 30
feet wide with a 30 foot radius on the curb returns. The entrance
road along the southerly portion of the development must meet the
maximum allowable 2% approach grade.
21. Appropriate storm sewer easements shall be the
responsibility of this development.
22. The developer shall revise his internal storm sewer
configuration so that it adequately intercepts the runoff generated
by the development prior to being drained onto Slaters Road.
23. The development shall be responsible for its development
related assessments at the rates in effect at the time of final plat
approval.
24. The development shall be responsible for erosion and
sediment control measures in accordance with Dakota County SWCD
recommendations.
25. Developer and staff shall work together with the neighbors
to the west and south to provide appropriate berming and
landscaping.
All councilmembers voted affirmatively.
Mr. Menning stated there was no intention to install gas pumps
at the present time and that there also are no tenants committed for
the shopping center.
SEE PLAT FILE
THOMAS LAKE CENTER - CONDITIONAL USE PERMIT
An application of Linvill Properties, Inc. for conditional use
permit for seven pylon signs and two ground signs at the proposed
Thomas Lake Center on Cliff Road next was brought to the Council.
City Planner Dale Runkle described the application and Ralph Linvill
was present. Mr. Linvill stated that the applicant would now
request only 6 pylon signs, all in compliance with the Code and all
within 125 square feet with none higher than 27 feet as required by
the City Ordinance. He indicated that the two ground signs were
intended as directional signs which would be lighted and each
contain 16 square feet maximum. He further noted the individual
pylon signs would not be requested until the individual lots are
sold and applications submitted.
Councilman Ellison mentioned that there are separate lots and
each should be allowed a pylon sign that complies with the
Ordinance. Councilman Wachter noted that his opinion was that all
signs should comply with the 27 foot height requirement. Councilman
Egan moved to approve the application for six pylon signs with staff
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May 5, 1987
approval as to location, according to the recommendations, not to
exceed 27 feet measured from the lowest point; further that the two
directional signs be approved. Ellison seconded the motion.
Councilman Smith argued that there are too many signs for a small
parcel and that three would be sufficient, with one along each
street. Those in favor were Ellison and Egan; those against were
Smith, Wachter and Blomquist.
Mayor Blomquist suggested the applicant review and rework the
application. Egan then moved, Blomquist seconded the motion to
approve three pylon signs for the major streets with the following
conditions:
1. That the maximum height would be 27 feet.
2. That the Council will consider each additional application
as it is submitted, with the understanding that each will comply
with the ordinance and that there be no commitment by the City
Council at the present time.
3. All signage will be subject to the one-time sign fee of
$2.50.
4. The locations, sizes and numbers shall be determined by the
Council.
5. A Signage Agreement shall be signed by both the City and
developer.
6. There shall be no variance from City Code.
All members voted in favor.
BRITTANY 10TH ADDITION - REZONING & PRELIMINARY PLAT
The application of Brittany Estates, Inc. for rezoning of 17.5
acres from A (Agricultural) to R-1 (Single Family) and preliminary
plat approval of Brittany 10th Addition consisting of 31 single
family lots was brought to the Council. Mr. Runkle stated that all
lots exceeded the R-1 lot minimum requirements and that access
through Sherwood Way is an issue. Carl Tollefson was present for
the applicant and noted that one of the concerns of the Planning
Commission was traffic control. Staff has indicated that there
would be about a 6% increase in traffic on Covington Lane, and it is
important to have an additional entrance. The sale prices for the
homes will be $200,000.00+.
As to park land, he indicated that the seller of the property,
John Brown, is not prepared to dedicate land with the 10th Addition,
but that a 15 acre neighborhood park has been scheduled to be
acquired at the northeast corner of the property. Two lots require
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May 5, 1987
f M1 C,
front setback variances because of steep drop offs and tree
locations, including Lots 30 and 31 of Block 1. Noting the large
lots, the Councilmembers had no objection to the variances. In
addition, Mr. Tollefson stated that the plan is to eliminate the
storm sewer problem in Beacon Hills by the completion of the storm
drainage program. Dennis Anderson, an owner at 4796 Beacon Hill
Road, was present and stated that he was not opposed to the project,
but his primary concerns were safety and the increase in traffic
would be dramatic. He made five requests, including the following:
1. That construction vehicles enter through Brittany Estates
and that a road block be erected on Covington Lane until all streets
are completed within the 10th Addition.
2. That a road access to Cliff Road be provided before further
development occurs.
3. That a stop sign be placed in the Beacon Hill development on
Covington Lane.
.4. That the natural habitat be retained as much as possible.
5. That the residents in the adjacent Beacon Hill neighborhood
be notified when further development is proposed on the Brown
property.
Mr. Colbert stated that all general site grading, utilities and
street improvement equipment could be required to avoid Covington
Lane but that after completion of the street work, it would be
important to open Covington Lane for emergency vehicles, in
particular. Staff supports the access to Cliff Road if there is
further development on the Brown property. A three-way stop sign
may be possible when the street to Cliff Road is connected, but it
is premature prior to that time. A traffic study would be necessary
at Beacon Hill Road and a petition should be submitted by residents
in the Beacon Hill area.
After extensive discussion, Wachter moved, Egan seconded the
motion to approve the application for rezoning. All voted yea.
Egan then moved, Ellison seconded the motion to approve the
application for preliminary plat, according to the following
conditions:
1. This development shall comply with all applicable standard
engineering conditions.
2. All utility and drainage easement shall be dedicated or
acquired as referenced in this staff report.
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May 5, 1987
3. Right-of-way shall be dedicated for Cliff Road as required
by Dakota County.
4. The City shall approve all phasing plans.
5. This development shall dedicate and/or acquire ponding and
utility easements for Pond LP-6 along with a proposed grading plan
to incorporate 99.9 acre/feet of storage volume.
6. This development shall dedicate and/or acquire ponding and
utility easements for Pond LP-57 as required by City staff.
7. This development shall be responsible for all trunk area
assessments and lateral benefit from trunk assessments concerning
this proposed development at the rates in effect at the time of
final platting.
8. All costs of internal public improvements within this
development shall be the sole responsibility of this development.
9. The developer shall dedicate or acquire all of the easements
across the Brown property deemed necessary by staff.
10. A proposed 16 inch trunk water main shall be looped through
this proposed plat and if it is proposed to be constructed publicly,
it shall be petitioned for and ordered by the City Council prior to
final plat approval.
11. All standard platting conditions shall be adhered to.
12. A variance for the cul-de-sac in excess of 500 feet shall
be granted.
13. Overland drainage swales shall be provided along the side
lot lines between Lots 29 - 30, Lots 19 - 20, and along the proposed
storm sewer inlet to Pond LP-6. The outlot of the drainage swales
shall be no higher than 2 feet above the low point of the'street.
14. The developer shall exercise special care so as to retain
the heavily wooded topography of this development.
15. A cash dedication shall be required pursuant to Park
Commission review.
16. Staff will work with the owner of 1555 Sherwood Way in
regard to the storm sewer line routes.
All members voted yea.
Smith moved, Wachter seconded the motion to approve the 10 foot
variance from front setback for Lots 30 and 31, Block 1, as
requested. All members voted affirmatively.
SEE PLAT FILE
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May 5, 1987
LAURENT ADDITION - REZONING & PRELIMINARY PLAT
An application of Armand Laurent for rezoning of approximately
4.5 acres from A (Agricultural) to R-1 and preliminary plat for two
single family lots entitled Laurent Addition, and a variance request
for Lot 1, to allow a 40 foot frontage instead of 50 foot frontage
as required was next brought to the Council. The Advisory Planning
Commission recommended that the rezoning and plat application be
approved, but the variance application be denied, noting no
hardship. Mr. Laurent was present and there were no objections to
the application, but he did request approval of the 40 foot
frontage. Egan moved, Wachter seconded the motion to approve the
application for rezoning. All voted yea.
Egan then moved, Smith seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. All standard platting conditions shall be adhered to.
2. This development shall install sanitary sewer and water
services to the newly created lot or accurate record plans shall be
prepared and submitted to the City verifying the existence and
locations of sewer and water services for each of the two lots.
3. This development shall accept its additional trunk area
storm sewer assessment obligation for the entire area created by the
newly created lot.
4. A variance from the 50 foot access requirement shall not be
approved.
All voted yes. SEE PLAT FILE
EVELAND ADDITION - REZONING & PRELIMINARY PLAT
The application of Burt Eveland for rezoning of 4.5 acres from A
(Agricultural) to 1.5 acres of Public Facilities and 3 acres of R-1
and in addition, the Eveland Addition preliminary plat, came to the
City Council for its consideration. Mr. Hedges introduced Burt
Eveland and indicated that successful negotiations have taken place
regarding the acquisition of the fire station site at the southeast
corner of Dodd and Diffley Roads. Mr. Runkle described the
application and noted that possible access may be acquired from
Diffley Road which would require a variance from the County
requirements, noting however, the fire station emergency access.
There were no objections. Wachter moved, Egan seconded the motion
to approve the comprehensive guide revision, with the understanding
that there will be further discussion regarding certain of the
Purchase Agreement conditions. All voted yes.
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Egan then moved, Wachter seconded the motion to approve the
application for rezoning. All voted in favor.
Ellison moved, Smith seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. This plat shall be subject to the Dakota County Plat
Commission's review and comment because it abuts Diffley Road on the
north.
2. The Comprehensive Guide Plan Amendment shall be required for
the public facilities use.
3. All other standard plat conditions shall be adhered to.
4. Park dedication for newly created lots shall be required.
5. The development shall be responsible for providing water and
sanitary sewer service to all lots in the plat.
6. The property shall be responsible for the proposed
assessments at the rates in effect at the time of final plat
approval.
7. An additional 10 foot utility easement shall be dedicated
along the south line of Lot 1.
8. A 40 foot half right-of-way shall be dedicated for Dodd
Road.
9. The Public Facilities designation shall be for a fire
station.
All voted in favor. SEE PLAT FILE
R & B ADDITION - REZONING, COMPREHENSIVE GUIDE AMENDMENT &
PRELIMINARY PLAT _
The application of LeRoy Rother and Gerald Braun for rezoning of
2.08 acres from R-4 to CSC, Comprehensive Guide Plan amendment and
preliminary plat approval of the R & B Addition, was brought to the
Council. The Advisory Planning Commission recommended approval,
subject to certain conditions and the applicants requested a
continuance to the May 19, 1987 meeting to consider the parking
issues. Smith moved, Ellison seconded the motion to approve the
request for continuance. All voted yes.
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May 5, 1987
BLUE RIDGE ADDITION - PRELIMINARY PLAT
The application of L. A. Laukka Development for preliminary plat
approval of Blue Ridge Addition consisting of Outlots E and F of the
Lone Oak Addition as a 9.8 acre lot for an office/showroom and two
outlots containing 37.25 acres was next brought to the Council. A
request was made for continuance of the application to allow
additional traffic study. Wachter moved, Egan seconded the motion
to continue the application until the May 19, 1987 regular meeting.
All voted yes. It was noted that Northwest Airlines had some
traffic concerns due to changes in the land use and intensity.
SEE PLAT FILE
BRIDLE RIDGE AND STONE BRIDGE - EAW
The 30 day review and comment period for the Bridle Ridge and
Stone Bridge environmental assessment worksheets was concluded on
April 8, 1987 and no negative comments were made. Mr. Runkle
recommended no negative declaration by the Council. Smith moved,
Egan seconded the motion to approve and authorize the
recommendation. All voted yea.
STAFFORD PLACE - EAW
The EAW concerning Stafford Place, north of County Road #30 and
east of Northview Elementary School, was completed on April 22, 1987
with no negative impacts. Egan moved, Wachter seconded the motion
to approve the Stafford Place EAW as presented. All voted yes. Mr.
Runkle and Mr. Hedges briefly described the EAW process regarding
the subdivision.
GOPHER SMELTING COMPANY - BUILDING PERMIT
An application of Gopher Smelting Company to construct a 10,000
square foot waste water treatment facility adjacent to its existing
plant located at the intersection of Yankee Doodle Road and Highway
#149 came to the Council for its review and consideration.- Gopher
Smelting also requested a building permit for a 4,000 square foot
maintenance building that would replace the existing 2,400 square
foot building. Mr. Runkle briefly explained the application and
distributed a drawing with proposed future platting of the property.
A representative of Gopher Smelting was present and explained that
the Metro Waste Control Commission had granted a permit for waste
water treatment. The need is to relocate the building because of
the Williams Brothers pipeline under the plant and he indicated that
the parties were not able to agree on the relocation of the
pipeline.
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May 5, 1987 _
Ellison moved, Egan seconded the motion to approve the
application, subject to compliance with all State and City Ordinance
Code requirements. Councilman Smith had a concern as to whether
their storm water is being permitted to enter the sanitary sewer
system and the Council requested the staff review the requirements
regarding storm water runoff and requested that the applicant be
required to comply with City, State and Federal regulations. All
members voted yes.
BRIDLE RIDGE ADDITION - REVISED SITE PLAN
A request of Sienna Corporation for revised site plan approval
for Bridle Ridge Addition including a cluster plan, was brought to
the Council. Noting the applicant was not present, Egan moved,'
Wachter seconded the motion to continue the application until
representatives were present later in the meeting. All members
voted aye.
OAKWOOD HEIGHTS 2ND ADDITION - WAIVER OF PLAT
An application of Andrew Chase for waiver of plat for duplex lot
split for Lots 1 and 2, Block 2, Oakwood Heights 2nd Addition was
submitted to the Council. After a brief introduction by Mr. Hedges,
Egan moved, Ellison seconded the motion to approve the application
for waiver of plat as submitted, subject to compliance with the City
requirements. All voted yes.
R 87-30
PUBLIC IMPROVEMENT CONTRACTS
The following public improvement contracts were submitted and
recommended to be approved:
1. Contract #87-12 - Lexington Square 6th Addition = Northview
Park Road. It was recommended that the bids for Contract #87-12
consisting of Lexington Square 6th Addition and Northview Park Road
streets and utility improvements, be received but that the a-ward of
the Contract be continued to until the May 19, 1987 meeting.
2. Eagan Hills Farm - Country Hollow - Contract #87-14. The
bids were received on May 1, 1987 covering Contract #87-14 relating
to the trunk sanitary lift station for the Eagan Hills Farm/Country
Hollow area. It was recommended that the bids be received and that
the contract be awarded to the low bidder, Usemco, Inc., in the sum
of $74,175.00.
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May 5, 1987
3. Wells No. 8 and No. 9 - Contract #85-26. It was recommended
to the Council that Parts A and B covering Change Order No. 2 to
Contract #85-26 relating to Wells No. 8 and No. 9 in the amount of
$6,170.00 be approved.
4. O'Neil Pond - Contract #86-7. Change Order to Contract
#86-7 consisting of the O'Neil Pond trunk storm sewer improvements
was submitted and it was recommended that the Change Order in the
amount of $9,075.00 be approved.
5. Blackhawk/Galaxie Avenues - Traffic Signals Installation -
County Contract #32-18. The staff recommended that Signal Agreement
No. 87-5 for County Contract #32-18 covering the traffic signal
installation in Cliff Road at Blackhawk/Galaxie Avenue be approved.
6. Maintenance Building Addition - Contract #85-21. Change
Order No. 7 was submitted and recommended to be approved covering
remodeling of the maintenance building addition under Contract #85-
21 in the amount of $7,304.00.
Wachter moved, Smith seconded the motion to approve the
foregoing recommendations and authorize their implementation.
Councilman Wachter stressed the importance of the installation of
traffic signals at Cliff and Blackhawk Roads. All councilmembers
voted yes.
EAGAN HILLS FARM - COUNTRY HOLLOW - CONTRACT #87-14
Mr. Colbert then, after having reviewed the bid information
regarding Contract #87-14, noted that the low bidder Usemco, Inc.
did not meet the minimum specifications provided by the City,
including both tank and the pumps. He recommended, on the basis of
the staff and engineering review, that the low bid not be accepted
and that the second low bid of Fadden Pump of $94,580.00, be awarded
the contract. Because of the seriousness in the specifications not
being met, and the recommendation of the staff and the'consulting
engineer, Wachter moved, Egan seconded the motion to reconsider the
motion regarding Contract #87-14. All members voted yes. Egan then
moved, Wachter seconded the motion to approve the bid of Fadden Pump
in the sum of $94,580.00 for Contract #87-14, based upon the
information described above and the recommendations. All
councilmembers voted affirmatively.
SAFARI BOULEVARD - NAME CHANGE
With the replatting-of Thomas Lake retail center, the Council
requested the existing street name of Safari Blvd. be changed to
avoid confusion with the Safari Estates development located to the
southwest. The developer requested Thomas Lake Curve and staff
recommended Beacon Hill Road. Ralph Linvill, the developer of the
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Council Minutes
May 5, 1987 Thomas Lake Center, was present, and suggested that the word Thomas
be included in the name to be consistent with the Thomas Lake
Center. Smith moved, Wachter seconded the motion to authorize the
revision of the name to Thomas Center Drive. All members voted yes.
EAGAN AIRPORT NOISE COMMITTEE
A recommendation was made by the Eagan Airport Noise Committee
that the Committee's name be changed to the Eagan Airport Relations
Committee to reduce the negative connotation of noise and recognize
the economic interest as an advisory body to the City Council. Egan
moved, Wachter seconded the motion to approve and implement the
recommendation of the name change to Eagan Airport Relations
Committee.. All voted yes.
PINECREST ADDITION - FINAL PLAT
An application had been received for approval of the final plat
of Pinecrest Addition located south of Crestridge Lane on the north
side of Fish Lake. According to staff, all conditions placed on the
preliminary plat approved by Council on December 16, 1986, have been
satisfactorily complied with and the staff recommended approval.
Ellison moved, Egan seconded the motion to approve the final plat
application, subject to compliance with all City requirements. All
members were in favor. SEE PLAT FILE
R 87-31
BRIDLE RIDGE ADDITION - REVISED SITE PLAN
Tom Hedges introduced a request of Sienna Corporation for
Council approval of the revised site plan for the Bridle Ridge
Addition. The revised drawing addresses a cluster plan that was
briefly shown to the City Council at the April 21, 1987 regular
meeting. Revisions have again been made to reduce the number of
sub-standard lot sizes, or widths, than were approved in the
original plan. Dale Runkle explained the revisions, noting there
would be 14.9 acres of private outlot with an increase in cul-de-
sacs from 9 to 15. The outlots would be owned and maintained by a
homeowner's association. David Sellergren and Rod Hardy were
present. The Advisory Planning Commission did not formally act on
the revision because of a lack of quorum, due to one member
abstaining. Mr. Sellergren mentioned the attempt was to be creative
with more cul-de-sacs, more common open space and conservation
easements over the back of some of the lots. Homeowners association
controls will be implemented and easements will be provided along
the rear of certain lots in order that the homeowners association
can control the landscaping along Elrene Road.
Councilman Egan questioned the number of variances required for
the lengths of cul-de-sacs and it appeared that several cul-de-sacs
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Council Minutes -
May 5, 1987
will require variances from the 500 foot maximum length. Councilman
Egan also had concerns about the probability at a later time that
requests from owners may be made to subdivide the common area. Mr.
Hardy suggested the City be granted the right to veto the
subdivision of the common area.
Councilman Wachter was concerned about the excessive number of
cul-de-sacs. Mr. Egan noted the intent is to be creative, which
would imply some deviation from minimum requirements. Welfare and
safety issues on the cul-de-sacs is an issue, according to Mr.
Hedges. Councilman Smith recommended two connections to the
property to the west, according to the earlier council concern. He
also recommended connecting two sets of cul-de-sacs in the northeast
area. Mr. Hardy stated that there is very rough terrain and that
certain cul-de-sacs could not be connected.
After extended discussion, Blomquist moved, Egan seconded the
motion to approve the cluster plan in concept only, with an
understanding that an agreement be entered into between the
developer and the City relating to the specific concerns of the
City, specifically relating to the common area. There was
discussion concerning a contribution from the developer, because of
the additional street maintenance expected due to the increase in
the number of cul-de-sacs and City Administrator Hedges expressed
his concerns regarding the loss in revenue expected as a result of
1987 legislation. He discussed the potential for reimbursement for
services from developers due to such expected loss in revenue to
municipalities.
Councilman Smith moved, Egan seconded the motion to amend the
motion to delete any reference to a possible contribution or gift
from the developer, other than required by City ordinances and
policies. All members voted yes to the amendment. Smith then
moved, Wachter seconded the motion to amend the motion to provide
two street connections to the west, similar to the original approved
plan, exclusive of the connection from Wescott to the undeveloped
land on the west. Those in favor were Smith, Wachter add Ellison;
those against were Blomquist and Egan. Smith then moved to require
the developer to connect the two northerly cul-de-sacs. There was
no second and the amendment died.
Councilman Ellison had questions about the use of the open space
and Mr. Hardy's answer was that there is a plan for trails for
active walking area and that the developer will submit a plan for
the development. There was a suggestion for private maintenance of
the cul-de-sacs, but there was general opposition to it. On the
main motion, Blomquist, Egan and Ellison voted yes; Smith and
Wachter voted no.
The Council then directed that a public hearing be scheduled
before the Advisory Planning Commission at its regular meeting in
order for the Planning Commission to adequately review the proposal.
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May 5, 1987
PARK & RECREATION - CONTRACT #87-13
Bids were opened on April 30, 1987 to consider the construction
of certain park shelter buildings and it was recommended that the
contract be awarded to the low bidder, M. G. Astleford Construction,
in the sum of $220,149.00, including an add-alternate for high
density polyurethane bathroom partitions. Egan moved, Smith
seconded the motion to approve the award of the contract to M. G.
Astleford Construction Co. for Contract #87-13. All members voted
yes.
METRO EAST COALITION
Mr. Hedges stated that during the fall of 1986, the Economic
Development Commission studied the city's membership in the Metro
East Coalition and recommended that the City not spend $2,500.00 to
$3,000.00 for such a membership. The Commission has now, however,
changed its recommendation and recommended the City join the
coalition with a revised membership of $500.00 for one year. The
$500.00 fee would qualify for non-voting member, and $2,500.00 would
provide for a full member to the board. Smith moved, Egan seconded
the motion to approve the membership at the $500.00 level. It was
understood that the Chamber of Commerce was also involved and was
intended to assist in the marketing of the economic development
program. All members voted yes except Ellison who voted no, stating
that the City is growing so quickly, the benefit of membership would
run to the Coalition and not the City of Eagan, and therefore the
Council should not be spending the money, noting the City is not the
benefiting party.
REFUNDING BOND ISSUES
The Finance Committee met on April 30, 1987 and reviewed the
status of refunding of certain bond issues recently evaluated by the
Director of Finance and the City's fiscal consultant, Miller &
Schroeder Financials, Inc. It was recommended that the -market be
watched until the May 19, 1987 regular council meeting and a
decision be made at that time whether to authorize a bond sale and
call for a 45 day window period allowing the City to observe the
market and finalize the bond sale at a time when interest rates are
favorable. No specific action was taken.
FINANCE DIRECTOR/ADVANCE GOVERNMENT FINANCE INSTITUTE
The City Administrator recommended that the Council authorize
Finance Director Gene VanOverbeke to attend, based upon an
invitation, the Advance Government Finance Institute held from July
26 through July 31, at the University of California. The cost would
be $1,100.00 plus air fare and there are sufficient funds in the
budget. Wachter moved, Egan seconded the motion to approve the
authorization, noting the special recognition given to the Finance
Director by receipt of the invitation. All voted in favor.
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May 5, 1987
CITY COUNCIL MEETING - MAY 19, 1987
It was noted that initially the City had been given information
that the School Board Election would not be held on May 19, 1987,
therefore, the City Council meeting was not changed. It has now
been determined that the election will be held on May 19, and the
Council decided that it would not change the City Council meeting
date but that action on official agenda items would be taken after
8:00 p.m. at that meeting.
SOLICITATION ORDINANCE
City Administrator Tom Hedges and City Attorney Paul Hauge
discussed with the City Council, certain objections to the City
Council's policy and ordinances regarding solicitation and sales of
personal articles along public rights-of-way. The City Council
determined that it would allow sales on private property but not
within streets rights-of-way, particularly where there are safety
issues involved. The City Attorney was directed to study the issue
and make recommendations for revisions to the City Ordinances.
NORWEST 3RD ADDITION - SHERMAN COURT - DRIVEWAY ACCESS
At the February 17, 1987 council meeting, the City Council gave
preliminary plat approval to Norwest 3rd Addition in the northeast
quadrant of Pilot Knob and Yankee Doodle Roads with the condition
that a secondary driveway access across Lots 5 and 6, Block 3,
Effress Addition to the north be provided. Mr. Gene Happe has been
unable to negotiate the acquisition of the access easement from
Cereal Chemists and requested direction from the City Council. Mr.
Colbert stated that MnDOT owns the land on the east side of the
proposed street connection and that the developer is under a very
tight construction schedule and requested immediate action by the
Council.
There was discussion concerning the ability to condemn for
private right-of-way and whether the public necessity requirement
can be fulfilled. Councilman Egan moved, Councilman Wachter
seconded the motion to authorize the staff and the City Attorney's
office to acquire the necessary street and utility easements through
direct negotiation or through condemnation if it is possible to do
so, with the understanding, however, that the developer will be
required to pay all costs of acquisition of the easements. All
members voted yes.
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Council Minutes
May 5, 1987
PILOT KNOB ROAD IMPROVEMENTS
Tom Colbert described to the City Council an application
submitted for fill in lakes along the Pilot Knob Road improvement
project. Certain fill work is required in order to complete the
street reconstruction and it was determined that the Thomas Lake
delta restoration would be required and also that fill would be
installed in Fish Lake as well as in the Deerwood wetland area.
GARY DAVIS - RESIGNATION
Upon recommendation of the staff, and upon motion by Wachter,
seconded Egan, it was resolved that the resignation of Gary Davis as
a City employee, be approved. All voted yes.
CITY LAWSUIT UPDATE - O'NEIL VS. CITY
City Attorney Paul Hauge described to the City Council lawsuits,
including the O'Neil vs. City of Eagan action. A deposition has
been taken of the Mayor and there was further discussion concerning
proposed settlement of the action.
BIETER COMPANY VS. CITY OF EAGAN
Mr. Hauge explained that five depositions have been taken to
date, two of which were scheduled by the City and five additional
depositions have now been scheduled by the Bieter Company. Further
discovery will be taking place, including depositions scheduled by
the City within the next two weeks.
CAPONI VS. CITY OF EAGAN
A letter from Assistant City Attorney Kevin W. Eidd regarding
the judgment in the inverse condemnation action in favor of Anthony
Caponi was reviewed. It was noted that the decision, was made by
the Court of appeals to change the damage award from a civil action
to inverse conversation. There was discussion concerning a claim
for recovery from Home Insurance Company and from the City
consulting engineering firm and it was determined that the City
Council would not pursue a claim for reimbursement in either case.
After discussion, upon motion by Blomquist, seconded Egan, it was
resolved that the City Council be on record authorizing payment
according to the computation submitted through the attorney for Mr.
Caponi and the City Attorney's office and further, that the City
staff make a recommendation to the City Council at its May 19, 1987
meeting concerning the source of the funds, including a reduction in
the payment based upon the existing assessments against the Caponi
property. All councilmembers voted affirmatively.
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Council Minutes -
May 5, 1987
CHECKLIST
Egan moved, Wachter seconded the motion to approve the following
checklist dated May 5, 1987 in the amount of $ 494,583.14
All voted yea.
ADJOURNMENT
Wachter moved, Egan seconded the motion to adjourn the meeting
at 12:30 a.m. All voted in favor.
PHH
Cit Jerk
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