01/06/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 6, 1987
A regular meeting of the Eagan City Council was held on Tuesday, January
6, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present
were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner
Dale Runkle, Consulting Engineer Bob Rosene, and City Attorney Paul Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as presented
to the Council. All voted in favor.
MINUTES
Regular Council Meeting - December 16, 1986. Upon motion by Egan,
seconded Ellison, it was resolved that the Minutes be approved subject to the
following revisions: Pilot Knob Road, Project #466, page 5, the motion should
provide that the public hearing be closed, that the project be ordered in with
the final median design to be determined by the City Council prior to final
median design, and locations in the project for five lanes to be approved by
the City Council prior to the final plat approval by the Council; further,
Building Contractor Licensing, Code Section 6.42, at page 13, the following
reasons should be added to the motion regarding building contractor licensing:
1. The performance bond does not serve any purpose for either the
homeowner or the City if faulty workmanship should occur by a builder or
contractor.
2. It was determined that the City may be increasing its liability
exposure by requiring notice of insurability by each builder, if there is a
claim made any time during the construction of a building.
3. The Building Inspection Department has indicated that when a contract
license is granted, the City must issue building permits to the builder
regardless of the builder's performance, unless the contractor's license is
revoked by the City Council.
All voted in favor.
Special Joint Meeting of Advisory Planning Commission and City Council -
December 9, 1986. Ellison moved, Wachter seconded the motion to approve the
special meeting minutes. All voted yes.
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FIRE TRAINING FACILITY
City Administrator Tom Hedges explained to the City Council the current
status of the proposed Fire Training Facility Agreement with four neighboring
communities with the center to be established in Burnsville. The primary
issue had to do with the indemnification paragraph 12, and it was recommended
that each City hold the other City harmless, and include wording regarding
Cities that rent the facility. The premium covering liability insurance was
an issue, and it was recommended that repair and reconstruction cost in excess
of $4,000.00 be approved by each City Council.
There was a question as to the estimated average maintenance cost for the
facility and whether Burnsville should retain the rent for non-member cities
to cover maintenance. Councilman Ellison recommended that all rental receipts
above the maintenance cost be distributed pro-rata among the member cities.
Egan moved, Wachter seconded the motion to approve the Joint Powers Agreement
for Fire Training Facility, subject to the modifications that were recommended
by the Councilmembers. All voted in favor.
FIRE STATION NO. 4 SITE
Mr. Hedges stated that several sites have now been reviewed and will be
proposed in the Dodd Road area for Fire Station No. 4. Fire Chief Ken
Southorn was present and indicated that 12 architects submitted bids for the
facility. The Public Works Committee was directed to meet with the Fire Chief
and City Administrator to pare down the list to 4 finalists who will be
interviewed by the City Council.
PUBLIC WORKS DEPARTMENT
PATRICK McCARTHY PROPERTY - DEERWOOD DRIVE - PROJECT #455
The Court appointed commissioners have filed an award for the condemnation
acquisition of permanent and temporary road right-of-way along the Patrick
McCarthy property on Deerwood Drive in the amount of $8,782.00. The City's
appraisal was $7,375.00 and the property owner's appraisal was $10,500.00.
The City Attorney and Public Works Director recommended the Council accept the
Commissioner's award and authorize the payment. Upon motion by Wachter,
seconded by Egan, it was resolved that the recommendation be approved and
authorized. All voted affirmatively.
PILOT KNOB ROAD - PROJECT #466
City Public Works Director Tom Colbert submitted to the Council certain
design concerns, including the elimination of access to Diffley Road on the
east side of Pilot Knob Road, because of construction issues, regarding
Project #466. He questioned whether the Council would approve the elimination
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of the access now at Malmo Place because of the grade differential and the
need to remove a duplex. Mayor Blomquist favored retaining the access as did
Councilman Wachter, for reasons including heavy use and safety. Councilman
Ellison stated that he strongly favored retaining an access either at the
present location or at the proposed location.
In addition, Mr. Colbert discussed the Hilltop Plaza frontage road and
proposed a two-way frontage road in the design process. Councilmembers
concurred with the proposal.
The third location issue dealt with providing right-turn lanes at various
locations and it was noted that the County had no specific guidelines for such
right-turn lanes. The Council gave directions to the Public Works Director to
include the right-turn lanes at designated locations.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. Assistant City Engineer. Councilman Egan stated that it was his
opinion that the Assistant City Engineer is in a position with a great deal of
public exposure, and that he strongly recommended that the final candidate be
interviewed by the City Council members.
Upon motion by Egan, seconded Wachter, it was resolved that the Council
continue consideration of the appointment of the Assistant City Engineer until
an interview of the final candidate takes place by Councilmembers. All voted
yea.
2. Personnel Items.
a. Planning Aide. It was recommended that Marilyn Wucherpfenning be
hired as a Planning Aide in the Planning Department effective January 2, 1987.
b. Receptionist-Clerk Typist. It was then recommended that the
Council authorize the advertisement for the filling of the clerk typist
vacancy caused by Marilyn Wucherpfenning's change in position.
3. Surplus Police Vehicles. Bids have been received for the sale of
Squad No. 7 with a high bid of $2,085.00 from Suburban Auto Sales, and in
addition, the high bid from Donn Smith in the amount of $157.00 for the sale
of a 1980 Chevrolet Citation. It was recommended that the high bids for each
of the autos be approved.
4. Broadway Pizza - Wine and Beer License. An application has been
received from Broadway Pizza which is the successor to Slicer's Pizza
Restaurant, at the Cedar Cliff Shopping Center, for wine and on-sale beer
license. It was recommended that the application be approved, subject to
compliance with the City Ordinance requirements.
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5. Blackhawk Road - Project #488. The feasibility report has been
submitted by the Consulting Engineers for Project #488 consisting of street
improvements on Blackhawk Road, from Diffley Road to Deerwood Drive. It was
recommended that the report be received and a public hearing be scheduled for
February 3, 1987 at 7:00 p.m. at the Eagan Municipal Center.
6. Lone Oak Addition - Project #492. The feasibility report has been
submitted covering Project #492 relating to street and utility improvements in
Lone Oak 2nd Addition. The staff recommended that the Council accept the
report and schedule a public hearing to be held before the City Council at its
regular meeting on February 3, 1987 at 7:00 p.m. at the Eagan Municipal
Center.
Egan moved, Wachter seconded the motion to approve the foregoing consent
agenda items as recommended. All Councilmembers voted in favor.
POLICE DEPARTMENT
Police Chief Jay Berthe was present and submitted information concerning
the acquisition of 21 hand-held radio units purchased through the Hennepin
County Purchasing Division for use by the Fire and Police Departments. Funds
will be acquired from the 1987 City Budget.
LEXINGTON WAY - ROADWAY IMPROVEMENTS
Tom Hedges noted that at the December 16, 1986 City Council meeting, there
was considerable discussion regarding the future construction of cul-de-sacs
at the north end of Lexington Way. The final plat of Lexington Hills was
considered at that time, and the Mayor asked that the item be placed on the
January 6, 1987 agenda for further consideration.
Public Works Director Tom Colbert reviewed the proposal for the cul-de-sac
including the east-west roadway between Lexington Way and Lexington Avenue,
which had been recommended by the City Council. He noted that with the east-
west roadway, the 500 foot maximum cul-de-sac guidelines could then be
complied with. The former plan providing for a cul-de-sac on the south end of
Lexington Way was also discussed.
Jim Hegland representing the Covenant Church, which is the owner of the
northerly portion of the parcel between Lexington Avenue and Lexington Way,
requested the north cul-de-sac be moved farther north, and also opposed the
east-west road, noting that it would remove considerable parking planned for
the church site.
Mayor Blomquist pointed out the need to rezone the church property, and
also the need for access to Lexington Avenue. Councilman Smith stated that
the cross street may be important and indicated that the purpose of the
discussion at the meeting was simply to see input from the adjacent owners.
Councilman Wachter suggested that the church representatives lay out the
proposed parking for the church site for future roadway consideration.
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Joe Krisnik, an owner on Lexington Way, recommended the developer of
Lexington South pay for some of the costs of the road improvements. Other
neighboring owners were present, some of whom made statements, generally in
favor of the cul-de-sac on the north end.
Gary Erickson, the Dakota County Public Works Director, was also present
and answered questions of the City Council members, including the EAW
regarding Lexington Avenue improvements. The general consensus of the Council
and the owners present was that the east-west road should be installed and the
cul-de-sac placed at the north end of Lexington Way. No formal action was
taken.
BUROW POND - PROJECT #452
Mr. Colbert presented a claim from Developers Construction, Inc. relating
to Project #452 which had been introduced at the December 16, 1986 regular
council meeting. A request had been submitted by Loren Spande of Developers
Construction, Inc. to the Eagan Police Department at 9:42 a.m. on Sunday,
September 21, 1986 indicating the parking lot adjacent to Burow Pond was
flooded and requested pumping to be performed. The police department records
indicate that they were unsuccessful in contacting the public works department
supervisory personnel, and Mr. Spande proceeded to hire M. G. Astleford Co. to
perform the pumping. Mr. Colbert stated that he felt that certain parts of
the statement were excessive in cost, and that further time should have been
given to allow the City maintenance personnel to have accomplished the
pumping. Loren Spande was present in the audience.
Councilman Smith moved, Mayor Blomquist seconded the motion to authorize
the payment as presented, noting that it appeared that City personnel did not
properly attempt to notify the maintenance personnel. Councilman Ellison
stated that he felt that the Council and City should have been given more
opportunity to accomplish the work. There was also discussion about potential
liability of the City in the event of damage to the adjoining building. Those
in favor were Blomquist, Smith and Egan; those against were Wachter and
Ellison.
ABF FREIGHT SYSTEM - CONDITIONAL USE PERMIT - PYLON SIGN
The application of ABF Freight System for conditional use permit for pylon
sign on Lots 3 - 6, Plainview Addition, again came to the City Council. There
was no appearance on behalf of the applicant. Smith moved, Egan seconded the
motion to continue the application indefinitely. All members voted yes.
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NORTHWESTERN BELL TELEPHONE CO. - VARIANCE
LEXINGTON AVENUE & DIFFLEY ROAD
A request for an 0.5 foot rear setback variance was received from
Northwestern Bell Telephone Co. for the building located on Lexington Avenue
and Diffley Road. A 15 foot expansion was proposed according to Dale Runkle.
The owner had recently submitted a verbal request to reconstruct the building
because of more recent technology. The intent will be to more closely design
the building, commensurate with the adjacent buildings.
A representative of Northwestern Bell Telephone was present and asked for
approval of a special permit to allow Northwestern Bell to begin construction
of the building, prior to approval of the waiver of plat for additional land
that would necessarily be required to be added to accommodate the proposed
building. There was considerable discussion concerning allowing the permit
for the building to be granted prior to the waiver of plat approval, but the
hardship and emergency conditions were discussed at length.
Smith moved, Wachter seconded the motion to authorize the waiver of plat
application to be placed upon the January 27, 1987 Advisory Planning
Commission agenda for recommendation to the City Council. All voted yes.
NORTHWESTERN BELL - VARIANCE - DIFFLEY ROAD
An application of Northwestern Bell Telephone Company for variance along
the 13 foot rear setback for the utility building, adjacent to the Cedar Grove
Baptist Church on Diffley Road, next came to the Council. Mr. Runkle
indicated that the same proposal was being submitted to construct a new
building on the site, rather than an extension of the existing building, and
that the configuration of the building would be changed to an east-west
direction. The result would be about an 8 to 9 foot setback according to the
representative present.
Pastor Nelson of the Cedar Grove Baptist Church was present and indicated
that the church had no objections to the proposal, provided that the building
would be no greater or less than 10 feet from the west and north property
lines.
Smith moved, Wachter seconded the motion to approve the variance to allow
setback of no less than 8 feet from the property line as proposed. All
members voted yes.
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HUNAN GARDEN RESTAURANT - CONDITIONAL USE PERMIT
The application of Maurice Fung for conditional use permit to serve 3.2
beer and wine for the Hunan Garden Restaurant in Town Centre 70 Shopping
Center, came to the Council for its review and consideration. Maurice Fung
was present, and the Advisory Planning Commission at its meeting on December
18, 1986 recommended approval. Mr. Fung indicated the intent is to open the
restaurant in February 1987. Egan moved, Smith seconded the motion to approve
the conditional use permit to allow on-sale beer and wine licenses as
submitted, subject to compliance with all City requirements. All members
voted affirmatively.
TOWN CENTRE 70 SEVENTH ADDITION - KENTUCKY FRIED CHICKEN
PRELIMINARY PLAT & CONDITIONAL USE PERMIT
The application of DeLaria Development Corporation for preliminary plat
approval of Town Centre 70 Seventh Addition for a Kentucky Fried Chicken fast
food restaurant and conditional use permit, to allow drive-through and pylon
sign was next brought to the Council. The Advisory Planning Commission at its
December 18, 1986 meeting recommended approval, subject to certain conditions.
The plat consists of an 0.66 acre lot on Town Centre Drive, with the facility
containing 54 seats. The staff recommended removal of one parking stall in
front of the building, for food pick up customers, providing an easier turning
radius to re-enter the parking area. The pylon sign would be 26 feet in
height with 114 square feet of signage, plus reader board of 32 square feet,
for a total of 146 square feet. The Advisory Planning Commission recommended
compliance with the 125 square footage requirement of the ordinance, including
the sign and reader board. Dale Runkle described the application and Tom
Colbert recommended moving the access 60 feet from the east property line to
avoid any proximity to the Arby's access location. Don DeLaria appeared for
the applicant and indicated that the front parking stall is desirable for
drive-up purposes.
After discussion, Councilman Smith moved, Councilman Egan seconded the
motion to approve the application for preliminary plat approval with the
understanding that further negotiating of the front access will take place
prior to the final plat approval and subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. A Parks Dedication fee will be required.
3. A detailed landscape plan will be prepared prior to the final plat
submission and a financial guarantee provided and not released until one full
year from the time of installation.
4. The single parking stall on the exit lane shall be maintained, if
possible, and upon staff's approval, after review of the possibility of
relocating the site further to the north.
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5. A MnDOT permit for storm water discharge into I-35E right-of-way must
be obtained prior to final plat approval.
6. The centerline of the singular driveway access into this development
shall be a minimum of 60 feet west of the east property line.
7. All internal parking lot configurations and circulation shall be in
accordance with City engineering standards regarding dimensions and layout.
8. The developer shall be responsible for minor modifications to the
existing catch basin inlet in the north gutter line of Town Centre Drive, at
the entrance to this development.
All members voted yes.
Charles Bartholdi, on behalf of Federal Land Company, requested a 114
square foot pylon sign plus reader board to conform with the Burger King sign.
It was noted, however, that the Burger King sign permit had been approved
prior to the Planned Development Sign Agreement for Town Centre 70 and 100
being implemented. Egan moved, Wachter seconded the motion to approve the
conditional use permit for the drive-through and sign, with the understanding
that the square footage for the sign and reader board will conform with the
maximum 125 foot square footage under the Eagan City Code. All members voted
in favor.
HUNAN GARDENS - WINE AND BEER LICENSE
An application for wine and beer license for the Hunan Garden Restaurant
in the Town Centre Shopping Center was submitted and it was recommended to be
approved by the staff. Smith moved, Ellison seconded the motion to approve
the license application of Maurice Fung at 1304 Town Centre Shopping Center.
All voted yea.
WALGREEN DRUG - OFF-SALE BEER LICENSE
An application of Walgreen Drug for off-sale beer license for the Town
Centre Shopping Center Walgreen store was brought to the Council for its
review. There being no objections, Smith moved, Ellison seconded the motion
to approve the application, subject to compliance with City ordinances. All
voted yes except Wachter who voted no.
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ACCESSORY APARTMENT/HOUSING ORDINANCE
Tom Hedges introduced a proposed draft of an Ordinance amendment to
Chapter 11 relative to accessory apartment/housing. There had been discussion
by City Council members for approximately two years concerning a proposed
ordinance for accessory housing, and a draft prepared by the City Attorney's
office was submitted for review. There were concerns about enforcing the
provisions of the ordinance, and also the Councilmembers generally opposed the
requirement that the owner live in the residence for two years prior to
approval of an accessory housing permit. It was noted that the City Planner
would initially approve each application, subject to appeal to the City
Council. In addition, amendments were requested by the City Council members,
including no requirement for two covered garage spaces for each single family
residence with accessory housing.
After considerable discussion, Egan moved, Wachter seconded the motion to
direct the City Attorney's office to redraft the Ordinance amendment and
schedule the Ordinance before the Advisory Planning Commission for a public
hearing covering an amendment to Code Chapter 11. All members voted yes.
1987 COST OF LIVING ADJUSTMENTS
The City Administrator recommended to the Council a cost of living
adjustment be approved for all non-collective bargaining personnel employed
as permanent employees for the City of Eagan. He discussed the increases in
cost of living, including the increases approved by the maintenance department
collective bargaining group. After discussion, Wachter moved, Egan seconded
the motion to approve a cost of living adjustment of 3% for all non-collective
bargaining full-time employees effective January 1, 1987. All councilmembers
voted affirmatively.
WINDTREE 5TH & 6TH ADDITIONS - STREET & UTILITIES - CONTRACT #86-5
A final payment request was made for the street and utility improvements
in Windtree 5th and 6th Additions under Eagan Contract #86-5 and it was
recommended by the staff that the payment be approved. Smith moved, Ellison
seconded the motion to approve the fifth and final payment, and to authorize
the amount of $14,007.01 to Richard Knutson Incorporated, and authorize formal
acceptance for perpetual maintenance. All members voted yes.
MINNESOTA TIMBER WOLVES BASKETBALL FRANCHISE
The proposed franchisee of the National Basketball Association, Minnesota
franchise, has requested that City Councils throughout the State indicate
approval of a name for the basketball franchise, either the Minnesota Timber
Wolves or Minnesota Polars. Egan moved, Wachter seconded the motion to
recommend the Minnesota Timber Wolves name be used for the franchise. All
voted yes.
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fi~._ h LSD
SPECIAL COUNCIL MEETING - JANUARY 13, 1987
A special Council meeting was designated for January 13, 1987 at 6:00 p.m.
to interview applicants for committees and commissions for 1987.
COMPREHENSIVE GUIDE REVISIONS
The Councilmembers discussed a proposal for an additional joint Advisory
Planning Commission and Council meeting prior to final recommendation by the
Advisory Planning Commission of the Comp Guide revisions. It was determined
that no joint special meeting be scheduled.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the Checklist dated
January 5, 1987 in the amount of $549,966.75 and the checklist dated January
6, 1987 in the amount of $143,765.55. All voted yes.
ADJOURNMENT
Wachter moved, Egan seconded the motion to adjourn the meeting at 10:15
p.m. with the Council entering into executive session to discuss pending
litigation. All members voted in favor.
PHH
CitIt lerk
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