08/14/1986 - City Council Regular
Council Minutes
August 19, 1986
SOUTH MINNEAPOLIS CHRISTIAN CHURCH - SPECIAL PERMIT
An application of South Minneapolis Christian Church for a special permit
to allow the church temporary use of an existing office/warehouse facility at
3586 Kennebec Drive consisting of the Wenzel building was next heard. Dale
Runkle explained that the applicant expects to use the building for one to two
years until a permanent structure is built. Staff recommended that a permit
no longer than two years be allowed. Councilman Smith indicated he would be
opposed to a long term permit because of its location in an industrial area.
Smith moved, Wachter seconded the motion to approve the application for a two
year period, subject to review and renewal after the expiration of the two
years and further subject to compliance with all applicable ordinances. All
voted yes.
SPERRY CORPORATION - CABLE PERMIT APPLICATION
Sperry Corporation has requested approval from the City Council for a
permit for the installation of a private cable on the City boulevard between
two Sperry facilities located in Eagandale Center Industrial Park at 1200
Trapp Road and 1305 Corporate Center Drive. Mr. Hedges indicated that the
City has recently adopted a policy whereby installation of private utility
cables will not be allowed on city rights-of-way. The concern of the staff
was that if non-public utility parties are permitted to lay cable in public
rights-of-way, that there would then not be an adequate record of where
private cable may exist.
Ed Michaud was present on behalf of Sperry and indicated that Sperry would
make the application for the permit. He further indicated that a maintenance
agreement will be entered into with Northwestern Bell Telephone Company and
stated that Sperry would be responsible for notifying the City in the event of
a transfer of the permit, and that if the transfer is made, the City could
then terminate the permit. Letters from both Russ Headley of Sperry and Paul
Hauge of the City Attorney's office regarding installation of a cable by a
private corporation, were reviewed by the Council.
There was discussion concerning an agreement between the City and Sperry
that there would be no transfer of the permit without City approval and that
it was understood that Sperry would be the responsible party for the permit
and further, in the event of the abandonment by Sperry, that the City would
then release the permit and there would be no responsibility on behalf of the
City for the location of the cable. It was understood that a private company
could be granted a permit subject to an agreement being entered into with the
City. Wachter moved, Egan seconded the motion to approve the variance to the
policy, to allow the private company to acquire the permit, subject to the
entry into an agreement with the City covering the issues stated above, and
provided further, that Northwestern Bell Telephone Company will continue to
have contractual maintenance responsibility and liability for the location and
maintenance of the cable. All members voted yes.
6
Council Minutes
August 19, 1986
OFF-SALE LIQUOR LICENSE AMENDMENT
An amendment regarding the number of off-sale liquor licenses was approved
at the City Council's July 15, 1986 regular meeting and a draft revision
submitted by the City Attorney's office was distributed to the City Council
for. its review. City Administrator Hedges discussed with the City Council the
revisions in the ordinance amendment.
Councilman Ellison suggested that the staff be authorized to accept
applications, even though they may not comply with the ordinance provisions,
but Councilman Smith favored the exclusion of applications in the event that
there.are no licenses available under the wording of the amendment. It was
further suggested that the application for the license be granted to an
applicant, depending on issues including the strength of the applicant, the
proposed location, and the needs of the area in the City. Egan moved, Smith
seconded the motion to approve the amendment with the exclusion of the wording
"applications will be considered on a first-come, first-serve basis". All
voted yes except Ellison who voted no.
CHARITABLE GAMBLING POLICY CHANGES
The City Administrator then submitted to the City Council proposed changes
covering gambling regulation practices relating to pull-tabs by charitable
organizations in the City. Two alternate ordinance drafts were submitted for
review by the Council as prepared by the City Attorney's, office. It was noted
that national organiiatioiis were being allowed under Draft #2;' and that' under
Draft #1, 15 active members and 15 members employed or living in the City,
would be the criteria. There was extensive discussion by the Councilmembers,
including the following:
1. Church carnivals would not be eligible under the draft provisions.
2. There were concerns about whether 50% of the members should live or
work within the.- City and Councilman Ellison recommended that only Eagan
eligible organizations be granted the permits.
3. It was recommended that the Council provide for up through a 4-day
license to be allowed on non-liquor licensed locations, otherwise all
locations must be located where liquor licenses have been approved.
4. It was recommended that 15 active and 15 employed with the City be the
criteria for eligible organizations.
5. It was proposed that all reports required to be submitted to the
State, also be submitted to the City officials for their review.
6. It was noted that a public hearing will be held at the September 2,
1986 meeting.
Smith then moved, Ellison seconded the motion to give tentative approval
to the drafts with the following conditions:
1. It was recommended that the Council provide for up through a 4-day
license to be allowed on non-liquor licensed locations, otherwise all
locations must be located where liquor licenses have been approved.
7
Council Minutes
August 19, 1986
2. It was recommended that 15 active and 15 employed with the City be the
criteria for eligible organizations.
3. It was proposed that all reports required to be submitted to the
State, also be submitted to the City officials for their review.
4. To allow national organizations, but to eliminate the requirement that
80% of the net proceeds benefit programs within Eagan.
All members voted in favor.
JAMES R. HARRISON - VARIANCE - 956 WATERFORD DRIVE WEST
An application was submitted by James R. Harrison of 956 Waterford Drive
West for a variance to the 6 foot maximum height requirement for lot line
fences. Mr. Hedges indicated that the applicant was unaware of the height
restricti;n and had already constructed the fence. Mr. and Mrs. Roger Mitby,
the next door neighbors, appeared and objected, claiming the view of the pond
is blocked from their house and submitted pictures indicating that the fence
was approximately 6 inches above the ground. Another neighbor appeared and
had no objections. Mr. Harrison was present and stated that the main reasons
were to act as a noise barrier and also a visual block. Bill Huttner, the
builder, argued that the owner should not block the view.of.the adjoining
pond.
The Councilmembers generally indicated that the ordinance provision should
be followed and if an objection arises by a neighboring owner, that the non-
complying owner should revise the fence to comply with the ordinance. Wachter
moved, Egan seconded the motion to deny the variance based upon the reasons
described above and further, that the applicant does not comply with the
ordinance requirements. All voted yes.
RMC DEVELOPMENT CORPORATION - WAIVER OF PLAT
An application was submitted by RMC Development Corporation for waiver of
plat to split existing duplex lots, including Lot 1, Block 7, and Lot 2, Block
7, Sun Cliff 3rd Addition. After explanation by Dale Runkle, upon motion by
Smith, seconded Ellison, it-was resolved that the application for waiver of
plat be approved as presented. All members voted yes.
R 86-58
THOMAS LAKE APARTMENT PROJECT - REVENUE BOND AMENDMENT
An application was received from Dominium Corporation to consider a final
resolution increasing the amount of the multi-family housing revenue bonds for
Thomas Lake Place Apartment Project from $11,875,000. to $12,975,000. Tom
Hedges explained the application, indicating an increase had been granted on
July 31, 1986 by the City Council from $10,000,000 to $11,875,000. He further
stated a public hearing is not required because the increase represented less
than a 10% change.
8
Council Minutes
August 19, 1986
A representative of Miller and Schroeder was present and answered
questions of the City Council, indicating that the bonds will conform with the
new tax law. There were also concerns as to whether the other bonds issued b';
the City may become taxable and a representative indicated that there would be
no effect on other City bonds. Bob Lux with Dominium Corporation explained
the reason for the increase due to the negative arbitrage with greater
interest on the funds during construction than interest receivable on unused
portions during the construction process. He could not answer what
alternative the developer would utilize if the City Council did not give the
approval but scaling back the project was the only logical alternative. Smith
moved, Egan seconded the motion to approve the final resolution increasing the
amount of the inducement as requested. Those in favor were Egan, Smith and
Ellison; against were Wachter and Blomquist.
COMPRI HOTEL - CONDITIONAL USE PERMIT - LIQUOR LICENSE
At the request of the applicant, upon motion by Egan, seconded Wachter, it
was resolved that the conditional use permit application for liquor license
for the Compri Hotel on Pilot Knob Road be continued until the next regular
meeting. All voted yes.
R. L. JOHNSON 2ND ADDITION - PYLON SIGN PERMIT
The application of R. L. Johnson Company for conditional use permit for
pylon sign on the R. L. Johnson 2nd Addition property on Highway #13 and
Yankee Doodle Road, came to the Council. Dale Runkle noted that the reason
for the permit is that the proposed sign is higher than 7 feet and originally
the proposed signage area was 168 square feet. The Advisory Planning
Commission recommended that the permit be issued with the upper six foot six
inch portion of the sign to be used for signage with area of approximately 78
square feet.
Charles Junquist appeared for the applicant. There was no objection and
Ellison moved, Egan seconded the motion to approve the application, subject to
the following conditions:
1. The conditional use permit shall be subject to a one-time sign fee of
$2.50 per square foot.
2. All other applicable sign ordinances shall be complied with.
3. Only the upper 6 feet 5 inches of the sign shall be used for signage
with a total area of approximately 78 square feet.
All voted yea.
9
Council Minutes
August 19, 1986
WHISPERING WOODS 3RD ADDITION - PRELIMINARY PLAT & REZONING
The application of Burnsville Lumber Company for preliminary plat approval
for Whispering Woods 3rd Addition consisting of 13 single family lots on 5.7
acres and rezoning from A (Agricultural) to R-1 next came to the Council. The
Advisory Planning Commission at its meeting on July 29, 1986 recommended
approval subject to conditions. It was also noted that the comprehensive
guide amendment would be required from R-2 to R-1. The density, according to
Dale Runkle, would be 2.5 units per acre and all lots exceed the 12,000 square
foot minimum requirement. There would be 3 variances, however, required
regarding front yard setbacks.
A Petition had been submitted by property owners surrounding the
subdivision, requesting additional conditions be imposed. Mayor Blomquist was
concerned about the rezoning issue and the need for the Council to review the
proposal that the property be designated for higher value homes, and the
inducements that would be required to the developer of the larger lot
subdivisions. Councilman Smith indicated that it was not practical to expect
that any meaningful proposals would be available with a considerable amount of
time before the plan could be adopted. Neighboring owners made presentations
objecting to the proposal, and Steve Hilla was present on behalf of the
applicant. Mr. Hilla discussed the request of the neighbors, that covenants
be imposed, and he indicated the developer opposed them. He also commented on
the objections regarding serious erosion problems in the 2nd Addition.
Councilman Ellison indicated it would take about six months to a year to
complete the large lot inducement proposals.
Wachter moved, Ellison seconded the motion to approve the application for
rezoning as presented. All voted in favor except Blomquist who voted no.
Councilman Ellison then moved, Councilman Egan seconded the motion to
approve the application for preliminary plat, subject to the following
conditions:
1. All internal right-of-way shall be a minimum of 60 feet in width.
2. All grading, street and utility construction shall be in conformance
with current City engineering design standards.
3. All drainage, utility and ponding easements shall be dedicated with
the final plat of sufficient size to accommodate all public utilities and
ponds.
4. This development shall assume all costs associated with the
installation of streets and utilities to service this subdivision. In
addition, it shall be responsible for the additional trunk area storm sewer
assessments associated with this single-family development.
5. Park dedication fees shall be in the form of cash.
6. All standard plat conditions shall be adhered to.
10
Council Minutes
August 19, 1986
7. This development shall be responsible for obtaining the necessary
permits/approvals from MPCA, MWCC, Minnesota Department of Health and the
Black Dog Watershed District.
8. This development shall clear a minimum of 10 feet along the back lot
line of Lots 5 and 6 of Block 2, for future storm sewer construction.
9. All standard plat conditions shall be adhered to.
10. All variances shall be approved as listed in the report subject to
staff review and control over the actual variance required and appropriate.
11. An amendment to the Comprehensive Guide Plan shall take place prior
to the final plat.
12. Lots 1 and 2, Block 1, with direct access to Slater's Road shall have
driveway turnarounds.
13. The issue regarding the fill material dumped in the 3rd Addition
shall be resolved to the City's satisfaction.
14. There will be no final plat approval or grading permits issued until
all current development and excavation problems are corrected to the City's
satisfaction, with the Public Works Department submitting a progress report to
the Council at the next regular meeting.
Burt Thorp, one of the neighbors at 4997 Slater Road was present and
requested that all improvements to the 2nd Addition be completed before the
3rd Addition is approved. There were serious grading problems in the 2nd
Addition and also fill had been furnished in the 3rd Addition without City
approval. Public Works Director Colbert indicated that erosion problems have
occurred and the 2nd Addition was given preliminary plat approval with a
grading permit. The developer has not proceeded with the final plat and the
final improvements, according to Hilla's engineer who was present, who
commented upon the fact that the developer was unable to acquire an easement
for a sanitary sewer line from the adjacent owner for the 2nd Addition
development. Wachter then moved to amend the motion, to continue the
application until the next regular meeting. Blomquist seconded the motion,
which motion was later withdrawn.
Those in favor of the main motion were Smith, Ellison and Egan; those
against were Wachter and Blomquist.
Egan then moved, Ellison seconded the motion to approve the application
for Comprehensive Guide revision as submitted. All members voted
affirmatively.
SEEP LAT FILE
11
Council Minutes
August 19, 1986 WILSON ADDITION - PRELIMINARY PLAT
The application of Fred B. Wilson for preliminary plat approval of Wilson
Addition consisting of 4 single family lots on Blackhawk Road came next to the
Council. Tom Hedges introduced the subject and Dale Runkle explained the
proposal with 4 lots on 4.6 acres. No variances from the R-1 zoning minimum
requirements were requested, but Mr. Runkle noted that a mailed notice problem
had resulted because one of the adjoining owners did not have his name on the
County record. Bill Cardinell appeared as a neighboring owner and stated that
there continues to be a boundary line problem and requested that the Council
continue the application until it is resolved.
Brad Swenson, Engineer, appeared for the applicant and stated that the
boundary line issue will be corrected, with the resolution of the boundary
line to be completed before final plat approval.
Councilman Smith moved, Councilman Egan seconded the motion to continue
the application until the next regular meeting on September 2, 1986 to allow
the applicant time to resolve the problem with the adjacent property owner.
All voted yea.
SEE PLAT FILE
WILDERNESS PONDS - PRELIMINARY PLAT & REZONING
The application of John Karos for rezoning from A (Agricultural)-to R-1
(Single Family) and preliminary plat approval of 41 lots, single family
subdivision on a 20.7 acre parcel on Wilderness Run Road was next considered
by the City Council members. Density would be 1.9 units per acre according to
Mr...Runkle and average lot size was approximately 19,000 square feet, with a
minimum of 12,000 square feet. Mr. Runkle described the two cul-de-sacs
proposed, noting the severe terrain problems and further, that the Park
Committee recommended cash dedication. , The. Advisory Planning Commission
recommended approval with certain conditions.
Rich Sathre of Sathre-Bergquist Engineers, appeared on behalf of the
applicants, the Sibleys and the Klingebiels, and John Karos, the developer.
Several variances were requested, including the cul-de-sac length and two
variances for street frontage due to topographical issues. The main concern
was access and the condition for screening due to headlights had also been
addressed. Betty Kipple appeared and questioned the park land issue northwest
of the parcel and indicated that the Park Commission had recommended it not be
used for park purposes. Staff was requested to review the Park issue.
Wachter moved, Egan seconded the motion to approve the application for
rezoning as requested. All voted yes.
Egan then moved, Ellison seconded the motion to approve the application
for preliminary plat, subject to the following conditions:
1. A variance shall be granted for the length of cul-de-sac street
construction for Wilderness Curve.
2. All grading, street and utility construction shall be in conformance
with current City engineering design standards.
12
Council Minutes
August 19, 1986
3. All drainage, utility and ponding easements shall be dedicated with
the final plat of sufficient size to accommodate all public utilities and
ponding areas.
4. This development shall assume all costs associated with the
installation of streets and utilities to service this subdivision.
5. Park land dedication shall be in the form of cash.
6. All standard plat conditions shall be adhered to.
7. The excess portion of Wilderness Curve at the southeast quadrant of
Wilderness Curve and Wilderness Run Drive shall be vacated in conjunction with
final plat approval.
8. This development shall dedicate 60 foot rights-of-way for public
streets, except for Wilderness Curve, east of Ches Mar Drive.
9. All standard plat conditions shall be adhered to.
10. The developer shall be responsible for trees and landscaping along
the northern property line in the area of the accesses to Lots 5 and 6, Block
2, to provide screening to the lots to the north from headlights of cars
accessing Lots 5 and 6.
All voted affirmatively. SEE PLAT FILE
MARSTAD ADDITION - PRELIMINARY PLAT
An application of Steve Marstad for preliminary plat approval of Marstad
Addition consisting of 4 single family lots on 2 acres on the south side of
Cliff Road, west of the Ridgecliffe First Addition was next considered. Dale
Runkle outlined the concept plan originally proposed for the area with the
road continuing through, noting the elevation differential, may create a need
for an alternative development for the street. He further stated that the
rezoning application had not been submitted because the owner had desired to
simply determine whether the Council would be receptive to the proposal.
Steve Marstad was present and indicated he purchased the two acre parcel
in 1970 and further, that he was not involved in the determination by the City
Council when the street had been stubbed to the east line. He further stated
that he did not desire to develop Nokia Way, but proposed a driveway to allow
him to construct one additional single family residence at the present time,
with driveway from Cliff Road. Wayne Cordes, Surveyor, explained that there
is a high knob that would have to be cut down to accommodate Nokia Way
extended westerly, and suggested that a street be constructed at a later date
with the two southerly lots not developed at the present time.
13
Council Minutes 93
August 19, 1986
Councilman Smith strongly stated that Nokia Way must be developed with the
street as originally proposed, noting utilities have been planned and also the
layout of the lots in the general area. Staff recommended denial of the
application but if approved, it would add certain additional conditions.
Ellison moved, Egan seconded the motion to deny the application, noting
that the owner will not comply with the planning requirements and with the
road location as designed for the general area; that the utilities are in
place to run through the proposed Nokia Way location and that the proposal was
to provide for a private driveway to service the lots which would not comply
with City Code. All voted in favor except Wachter who abstained.
SEE PLAT FILE
TOWN CENTRE 70 FIFTH ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
The application of Federal Land Company and Taco Bell for preliminary plat
approval for Town Centre 70 5th Addition, and conditional use permit for
drive-through and sign came next to the council for its consideration. Dale
Runkle explained that the lot would contain 29,330 square feet and Outlot A
would contain 28,950 square feet. The 2,240 square foot building would
provide for parking for 26 vehicles and noted that the trash receptacle will
now be included in the building and one harking space will be eliminated as
recommended by the staff.
Vern Colon of'Federal'iLand Company was present. Doug Sinclair, on behalf
of Taco Bell, requested approval to proceed with the grading and utilities
because of the impending weather problems. No official action as taken on the
request. There were no objections and Wachter moved, Egan seconded the motion
to approve the application for preliminary plat approval and conditional use
permit as requested for the plat, subject to the following conditions:
I.- All standard plat conditions shall be adhered to.
2. The pylon sign height shall be 25 feet maximum and the one-time sign
fee of $2.50 per square foot shall be required.
3. The single parking stall on the north shall be reconfigured to allow
additional green space.
4. A landscape plan complete, with berming and suitably noted shall be
submitted prior to final plat submission. A financial guarantee shall be
submitted and not released until one year after installation.
5. The southeasterly most parking stall shall be deleted to provide a
minimum driveway throat length and increase the entrance radii to 20 feet.
6. The developer shall comply with all standard engineering conditions
which apply.
7. This plat shall be subject to a cash parks dedication fee.
8. One-way traffic will be used if so recommended by staff.
All members voted yes.
SEE PLAT FILE
14
Council Minutes
August 19, 1986
TOWN CENTRE 70 SIXTH ADDITION - PRELIMINARY PLAT
The application of Federal Land Company for preliminary plat approval of
Town Centre Sixth Addition for Car C.A.R.E. Center covering approximately 4
acres on Lots 1 & 2, Block 1, with three separate buildings, and Lot 2 for a
proposed sit-down restaurant facility was next heard. Dale Runkle noted that
Lot 1 will contain a typical strip center building containing 23,100 square
feet with 7 auto related services including separate gas pumps and car wash.
He commented on the proposed berming and screening along Pilot Knob Road and
further explained that the trash receptacle will be incorporated into the
building.
Ron Krank of Korsunsky, Krank & Erickson Architects, appeared and
explained the proposal in some detail. He noted that access will be acquired
from both sides of the building so there will be no back side and that a berm
will be created on the west with year round landscaping. Jeff Sweet also
appeared for the applicant and indicated that there will be a car wash
prototype which will be include a drying cycle, but no towing service will be
provided.
Egan moved, Smith seconded the motion to approve the application, subject
to the following:
1. The center line of the access driveway onto Duckwood Drive shall line
up with the center line of Krestwood Lane.
2. The minimum throat length for the access onto Duckwood Drive and the
southerly access on Town Centre Drive shall be a minimum of 60 feet.
3. This development shall be responsible for obtaining the necessary
permits for sloping of the grading onto MnDOT and/or County right-of-way.
4. This development shall be responsible for meeting all standard
engineering conditions which apply.
5. This development shall be responsible for necessary cross easements
for traffic circulation, should the restaurant be deemed necessary to have its
own separate lot and block.
6. This plat shall be subject to a cash parks dedication fee.
7. All sides of the strip center building shall be architecturally the
same.
8. The trash site for the restaurant shall be enclosed within the
building. The plan shall include the site plan/building plan.
9. The car wash shall have drying capabilities.
10. One way drive through circulation for the strip center building shall
be noted on the site plan.
15
Council Minutes
99 August 19, 1986
11. No outside storage shall be permitted.
12. Employee parking and service parking shall be determined and noted on
the site plan.
13. The detailed landscape plan complete with 2 foot to 3 foot berming
along the public streets shall be submitted prior to final plat submission. A
financial guarantee shall be submitted and not released until 1 year after the
installation.
14. All Town Centre 70 sign Planned Development conditions shall be
adhered to.
15. The parking lot lighting shall be addressed in a manner to prevent
blinding drivers proceeding westerly on Duckwood Drive and subject to staff
approval.
16. Covenants shall be included in the leases requiring use of the
facility as car care related.
All councilmembers voted affirmatively. SEE PLAT FILE
HIGHVIEW ADDITION - BUILDING PERMIT
Mr. & Mrs. Loren Burtness and Mr. & Mrs. Philip Elgenman appeared
regarding a building permit acquired by Duane Anderson for garage construction
on the Anderson property on Highview Avenue. There were concerns about the
possible business operation out of the proposed garage structure and the staff
explained that there has been compliance according to building code
provisions. There was a question concerning the lot line and Mr. Anderson
stated that there was no controversy about that issue. He did object to what
appeared to be a 3-story proposal, but no action was taken on behalf of the
council, noting that the applicant is apparently complying with City Code.
FAIRWAY HILLS - FINAL PLAT
Don Patton appeared on behalf of Derrick Land Company requesting final
plat approval of Fairway Hills Addition. Staff recommended approval noting
compliance with City requirements. Egan moved, Wachter seconded the motion to
approve the final plat, subject to conformity with all City ordinances and
regulations. All members voted yea. R 86-59
TOWERVIEW & HIGHVIEW STREETS - CONTRACT #86-24
The plans have been submitted by the consulting engineer for the street
improvements for Towerview Road and Highview Avenue. Upon motion by Smith,
seconded Ellison, it was resolved that the plans be approved and that the
Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on
Friday, September 12, 1986 at the City Hall. All voted in favor.
16
Cou:,cil Minutes
August 19, 1986
MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21
Tom Colbert went through some detail with the Council including a memo
dated August 12, 1986 regarding budget review for Change Order No. 1 to the
Maintenance Facility. He explained the proposed adjustments to the original
estimates reflecting an available allowance of $12,289.00. He recommended to
the City Council that an extra bay be added, costing about $62,000.00 which
would cost perhaps $150,000.00 within three years. After extensive
discussion, Egan moved, Blomquist seconded the motion to approve the
recommendation with the understanding that the financing will be determined
during the budget process. All voted in favor.
PINE RIDGE & GROUP W CABLE - CONTRACT #85-23
The fifth and final payment for Contract #85-23 to MacNamara Contracting
Company in the amount of $2,836.12 was recommended for approval. Upon motion
by Wachter, seconded Egan, it was resolved that the final. payment be approved
and the City accept the improvements for perpetual maintenance. All voted in
favor.
WESCOTT-TRUNK SANITARY SEWER - CONTRACT #84-02
Upon motion by Egan, seconded by Wachter, it was resolved that the eighth
and final payment for Contract #84-02 Wescott Road trunk sanitary sewer
improvements to Austin P. Keller Construction Co. for $66,500.00 and
acceptance of the project be approved. All voted yea.
SLATER'S ACRES - CONTRACT #85-03 - CHANGE ORDER #2
Change Order No. 2 for Slaters Acres utility and street improvements under
Contract #85-03 was submitted for approval. Ellison moved, Egan seconded the
motion to approve the Change Order No. 2 for Contract #85-03 and that the
appropriate officials be authorized to sign the related documents. All voted
in favor.
SUNSET 4TH ADDITION - PROJECT #84-I
After recommendation of the staff and upon motion by Wachter, seconded
Egan, it was resolved that the City accept Project #84-I consisting of street
and utility improvements in Sunset 4th Addition which covered private
improvement installation. All members voted in favor.
17
Council Minutes
August 19, 1986
INDIRECT SOURCE PERMITS
Dale Runkle detailed with the Council the process required for larger
developments to acquire Indirect Source Permits through the Minnesota
Pollution Control Agency. He noted that the thresholds under the permit
process for the Town Centre 70 and 100 Additions are being approached and
there were questions as to whether the city should become a co-permitee and
assume certain obligations under the permits. He noted also in the case of
the Wachovia project, that the City has been requested to be a co-permitee and
there were questions about the legality of the City's involvement in such
projects. No specific action was taken and the City Attorney's office was
directed to investigate the matter further.
HOLLAND LAKE TRUNK STORM SEWER - PROJECT #444
The Public Works Director explained to the City Council that permanent and
temporary easements will be required under Project #444 on the Holland Lake
trunk storm sewer project adjacent to Cliff Road. Noting the opposition at
the public hearing, it's expected that the City will be required to condemn
and therefore recommended that the council authorize the condemnation actions
that are necessary and to authorize the hiring of an appraiser to determine
damages. Upon motion by Egan, seconded Wachter, it was resolved that the
recommendation of the Public Works Director to commence condemnation on the
necessary parcels, including the hiring of an appropriate appraiser be
approved. All voted yes.
EAGAN INDUSTRIAL ROAD - RIGHT-OF-WAY VACATION
A request had been made to vacate a part of Eagan Industrial Road in
relation to Lot 3, Block 2, Eagandale Center Industrial Park. Upon motion by
Smith, seconded Wachter, it was resolved that the Petition for vacation be
received and the public hearing be scheduled for September 16, 1986 at 7:00 at
the City Municipal Center to consider the vacation. All members voted yes.
ROBINS ADDITION - FINAL PLAT
A request was made by the developer of the Robins Addition for the
extension of the final plat filing for an additional 30 days. Egan moved,
Wachter seconded the motion to approve the extension. All voted in favor.
BORCHERT INGERSOLL - ASSESSMENT APPEAL
Tom Colbert and Paul Hauge again discussed with the City Council a
potential claim on behalf of Borchert Ingersoll for reduction of storm sewer
assessments under the Project #381. A demand had been made by John Borchert
through his attorney for settlement and the Council discussed the issue with
no final decision. Further negotiations will take place regarding the claim.
18
Council Minutes ^
August 19, 1986 Cap.
GRADING PERMITS/PRELIMINARY PLATS
There was discussion among Council members concerning grading permits
where no preliminary plat approval had been granted. Blomquist moved, Egan
seconded the motion to grant grading permits to applicants that comply with
the excavation ordinance, in the event that preliminary plat approval has not
been granted, with the requirement that the grading permit application must
then go through the public hearing process including the Advisory Planning
Commission. All members voted yes.
SUNSET 4TH ADDITION - EASEMENT VACATION
The Public Works Director noted there was an incorrect description filed
with the Dakota County Recorder's office regarding a Resolution adopted July
16, 1935 to vacate easements over three lots in Sunset 4th Addition. Upon
motion by Egan, seconded Smith, it was resolved that the Resolution correcting
the original motion of the City Council of July 16, 1985 regarding Sunset 4th
Addition vacation proceedings, be approved. All voted in favor.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following checklist
dated July 23, 1986 in the amount of $ $6924.42; dated.July 31,1986 in
the amount of $494,739.17 & dated August 19,1986 in the amount of $1,182,975.73.
All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 1:05 a.m.
PHH
City erk
19