05/06/1986 - City Council Regular
Council Minutes 00148
May 6, 1986
CLEARVIEW ADDITION - STREETS - PROJECT #472 - PUBLIC HEARING
The next public hearing convened by Mayor Blomquist concerned Project #472
covering streets for Clearview Addition, north of Cliff Road. Mr. Hedges
stated that at the March 19, 1986 council meeting, several representatives of
the Eden Addition Homeowner's Association presented a request for the City
Council to improve a portion of Beecher Drive to City standards. The Council
requested a feasibility report. Tom Colbert introduced the project and stated
that at the last public hearing on September 18, 1979, for street surfacing,
the estimated cost was $2,280.00 per lot -whereas the present feasibility
report estimates the cost at $5,,972.00 per lot. Mark Hansen was present and
described the report as revised.
Floyd Forsberg, an owner at 4555 Lenore Lane, appeared on behalf of a
number of the neighboring property owners and objected to the proposed
improvements. He stated that the purpose would be to serve the high density
development to the north and had concerns about speeding and safety.
Representatives of Eden Homeowner's Association were also present and were
mainly concerned about the turning radius on the east side of Blackhawk Road,
at the entrance where he stated the vast majority of the traffic from the Eden
development has access to Blackhawk Road.
Bob Trevis of Lenore Lane offered that the right-of-way in question is
within MnDOT owned right-of-way, and suggested MnDOT install the improvements,
but Mr. Colbert stated the improvements must be installed by the City.
After lengthy discussions, Smith moved, Egan seconded the motion to close
the hearing, to order in the project with the improvements to cover only the
turning radius to the east line of Lot 6 and that Lot 6 not be assessed at the
present time with the condition that an agreement be entered into with the
owner of Lot 6, that the owner would agree to be assessed in the future when
the balance of Clearview streets are improved, and if such agreement is not
entered into, that the assessments against Lot 6 be levied after completion of
the turning radius improvements. Councilman Ellison suggested that the owners
re-look at the issue of street improvements within a short period of time, and
strongly consider upgrading the street. The owner of Lot 6 was present and
requested a stop sign from the Eden Addition, which the Councilmembers agreed
with. All members voted yes.
SPERRY MARKETING FACILITY - GRADING PERMIT
An application was received from Sperry Corporation for grading permit
#EX09-056 for the site development of the future Sperry Sales and Marketing
facility to be constructed at the southwest corner of Pilot Knob Road and
Towerview Road. It was understood that the permit for grading within the
Northern Natural Gas Line had not as yet been acquired, which would be
necessary before final approval of the City grading permit. Tom Hedges
introduced the application and Ed Michaud of Sperry was present. In addition,
a representative of the architectural firm, V.V.K.R. of Alexandria, Virginia,
made a presentation, as did the landscape architect.
7
Council Minutes
May 6, 1986 00 149
The building will consist of 295,000 square feet with 990 parking spaces.
The proposal is to include screening and berming so that the visibility of the
parking area will be reduced. The elevation and drawing of the exterior were
also presented and the building will be constructed of pre-cast concrete with
blue tone glass exterior. The view from Pilot Knob Road will indicate a
single story but actually a two-story building will be constructed with
extensive berming.
Betty Sch_aumberg, a neighbor on the east side of Pilot Knob Road, had
concerns about lighting on the site, and the architect indicated that a cut-
off type fixture will be used tp concentrate the light directly to the parking
lot. There were no objections. Egan moved, Smith seconded the motion to
approve the application, subject to acquisition of the N.S.P. grading permit
and further subject to all City ordinances and regulations. All
councilmembers voted affirmatively.
SPERRY CORPORATION - TAX INCREMENT FINANCING
Tom Hedges stated that at the February 4, 1986 regular City Council
meeting, a motion was adopted providing preliminary approval of up to
$700,000.00 in tax increment financing for the proposed Sperry marketing
project. A public hearing to consider and adopt the T.I.F. plan is required
and Mr. Hedges stated that the proposal may provide for a separate tax
district either by waiver of plat or separate lot to avoid inclusion of all of
the Sperry property within the financing proposal. After discussion, Smith
moved, Egan seconded the motion as follows:
a. To approve the distribution of the draft Sperry tax increment
financing plan and forward the plan to the County of Dakota and Independent
School District #197;
b. To schedule a public hearing on the T.I.F. plan for 7:00 p.m. on May
21, 1986 at the Eagan Municipal Center in compliance with applicable state
statutes.
All members voted yes, except Wachter who voted no.
R 86-30
OFF-SALE LIQUOR LICENSE - ORDINANCE AMENDMENT
City Administrator Tom Hedges reviewed with the Councilmembers a request
of Federal Land Company to amend its ordinance to allow one additional off-
sale liquor license to be provided in the Town Centre Shopping Center area.
The City Council at its March 19, 1986 meeting, continued the request until
adequate data was submitted to support a revision to the policy. Federal Lana
Company submitted a letter dated April 11, 1986 with a survey of 21
metropolitan communities, indicating that the average number of off-sale
licenses issued per person based upon the information compiled, indicated one
license for each 3,459 residents. A large number of the communities had no
limit on the number of licenses authorized and it appeared that the City of
Eagan provides for one license for each 8,063 residents at the present time.
8
Council Minutes 00 L~ow
May 6, 1986 au
Martin Colon of Federal Land Company was present and stated that the Town
Centre development will include over 400,000 square feet of retail space and
the intent is offer as many retail services as possible. He proposed an
approximate 5,000 square foot facility and introduced Ken Streeter who
reviewed the need, impact on other stores, and indicated that convenience is
an essential issue for the surrounding population.
Councilman Ellison asked if more off-sale stores create additional
drinking and Mr. Streeter's answer was no. Mr. Streeter also, upon question,
stated it was his opinion that the additional stores would not create greater
policing requirements. Councilman Ellison submitted that it was his opinion
that the City Council should not limit the number of off-sale liquor stores
and the number should be controlled by the market place, and suggested a no-
limit policy. Councilman Smith noted that the reason for limiting the number
of off-sale licenses originally was to allow the City Council to review their
impact upon the residents.
Smith moved, Wachter seconded the motion to authorize one additional off-
sale liquor license in the northerly portion of the City, generally in the
Town Centre area, and further that a public hearing be scheduled for the June
17, 1986 council meeting to consider removing the restrictions or revising the
number of off-sale liquor licenses approved by City ordinance, noting that at
the time of adoption of the original policy in 1983, only Cedarvale Shopping
Center was in existence; that an application would be entertained by the City
Council for an additional license in the Town Centre area, and further to
authorize the revision to the Eagan Ordinance to provide for five off-sale
liquor licenses within the City. All councilmembers voted yes.
DEERFIELD ADDITION - EAGAN 40 PD - PRELIMINARY PLAT
Tom Hedges introduced the application of Charles Henrich for preliminary
plat approval of Deerfield Addition, consisting of the Eagan 40 Planned
Development on the south side of Diffley Road. The Advisory Planning
Commission held public hearings on March 25 and April 26, 1986 to consider the
extension of the Eagan 40 Planned Development and preliminary plat approval.
The APC recommended extension of the Planned Development and approval of the
preliminary plat subject to certain conditions. A question had been raised by
the applicants as to whether the extension of the planned unit development for
the Eagan 40 project required a public hearing.
Dale Runkle, the City Planner, explained that at the March 25, 1986
meeting, the Commission questioned the storm sewer for the development and it
was suggested that the proposed storm sewer be extended into the low area at
the elevation requested by the City Engineer. In addition, the APC discussed
the park dedication and it was proposed that cash dedication on a per-unit
basis be provided and a trail be installed on the south side of Diffley Road.
The third issue discussed by the Planning Commission was a request for more
detailed land use information and in addition, how the planned development
would fit in with the new code amendment in March 1986 entitled Land Use
Regulation Regarding Extension of Planned Developments. A letter from Dave
Sellergren, attorney for the Eagan 40 Limited Partnership, dated April 10,
1986 and a letter from Paul Hauge, the City Attorney, dated April 17, 1986
were submitted with the packet information to the Council.
9
Council Minutes
May 6, 1986 00151
Mr. Runkle noted that in 1982 a revision to the Planned Development had
taken place and that a neighborhood meeting had resulted in revising the plan
with one building proposed to be moved to the southwest portion of the site.
338 units are authorized with 324 rental apartment units were being proposed.
Councilman Smith suggested one building at the southwest corner be moved
to the northerly parcel and Jim Hill, engineer for the developer, stated that
it would cause excessive fill requirements and tree loss.
Mayor Blomquist had concerns regarding- the planned development agreement
sketch indicating that parcel C provided for 92 dwelling units and that
parcels A and C both provided for R-III densities. Councilman Smith stated
that it was his opinion that the rugged nature of the site dictates larger
buildings, although the area south of the proposed road indicates only 92
dwelling units under the planned development scheme.
Charles Henrich, the developer, was present and mentioned the topography
is critical and that there are only three buildable pads on the site, with 144
units proposed on the north site.
Councilman Egan indicated that the City Council had a very clear
motivation in maximizing the number of units within each of the three parcels,
according to the plan submitted by the owner in 1982. After extended
discussion, Smith moved, Egan seconded the motion to approve the extension of
the planned development for an additional three years from the date of the
expiration of the 10 year planned development, subject to existing ordinance
requirements. Those in favor were Wachter, Smith and Egan; those against were
Blomquist and Ellison. There was a question as to whether the vote for the
extension requires a 2/3 vote according to state law, and no decision was made
concerning the vote.
Ellison then moved, Blomquist seconded the motion to continue
consideration of the application for preliminary plat approval for Deerfield
Addition and direct the staff and the developer to review the proposal for
compliance with the existing planned development, with the understanding that
the application will be reconsidered at the Council's May 21, 1986 regular
meeting. All voted yes.
SEE PLAT FILE
EAGANDALE LEMAY LAKE 2ND ADDITION
COMP PLAN AMENDMENT, REZONING & PRELIMINARY PLAT
The application of Opus Corporation and Northwestern Mutual Life Insurance
Company for preliminary plat approval of Eagandale LeMay Lake 2nd Addition and
comprehensive Plan amendment to RB for The Residency Inn was brought to the
City Council for its consideration. The APC, at its February 25, 1986 meeting
adopted a resolution recommending the approval of the rezoning and preliminary
plat. At its April 22, 1986 meeting, the Commission recommended approval of
the Comprehensive Guide Plan Amendment to Roadside Business for the 4 acre
Residency Inn parcel. The Advisory Parks Commission recommended a cash
dedication and dedication of a 75 trail easement along LeMay Lake for
potential future trail.
10
Council Minutes
May 6, 1986 ®UJL52
Dale Runkle introduced the application and Bob Worthington discussed the
uses proposed on the site. After review, Councilman Egan moved, Councilman
Smith seconded the motion to approve the Comprehensive Guide Amendment, more
specifically, according to the Resolution attached to these minutes. There
was a question by a neighboring resident about the proposal for semaphores on
Lone Oak Road and it was noted that no decision has been made as to the
installation at the present time. All councilmembers voted yes.
Egan then moved, Wachter seconded the motion to approve the application
for rezoning, subject to the following conditions:
1. A Planned Development Agreement shall be entered into and the concept
plan for the six lots shall be the exhibit to be followed for the planned
development.
2. The development is impacted by the Shoreland Zoning Ordinance and
shall be reviewed by the Department of Natural Resources for its comments,
prior to final plat approval.
3. This approval is more specifically outlined in the Resolution attached
to these Minutes.
All voted yea.
Next, Wachter moved, Egan seconded the motion to approve the application
for preliminary plat approval of Eagandale LeMay Lake 2nd Addition, subject to
the conditions specifically provided in the Resolution attached to these
minutes relating to Eagandale LeMay Lake 2nd Addition. All voted
affirmatively. R 86-31&32
SEE PLAT FILE
FAIRWAY HILLS - REZONING & PRELIMINARY PLAT
Dale Runkle introduced the application of Derrick Land Company to rezone
approximately 60 acres and preliminary plat approval of a 145 single family
lot subdivision at the southeast intersection of Cliff Road and Pilot Knob
Road. In addition, an application was submitted for a request for
comprehensive plan amendment from R-II to R-I. The APC, at its March 25, 1986
meeting, recommended denial of the rezoning and preliminary plat due to access
onto Pilot Knob Road and lack of certainty as to the park land configuration
in the general area. The Commission at its meeting on April 22, 1986
recommended approval of the Comp Guide Amendment and the Advisory Park
Commission reviewed the proposal at its May 1, 1986 meeting.
Dale Runkle described the issue regarding right-of-way widths and the
current revised plan provides for 60 foot rights-of-way with the reduction of
two lots in the development. He also noted some concern by Park Committee
members under the current plan regarding the park configuration. The storm
sewer issue was also discussed and Tom Colbert reviewed the needs and the
existing capacity, noting there had been no resolution at the present time.
11
Council Minutes Oa 153
May 6, 1986
David Sellergren, attorney for Derrick Land Company was present and
indicated that the developer is expected to be able to supply adequate storm
sewer capacity and mentioned that the developer preferred the 50 foot right-
of-way width but it was not a significant issue and would abide by the City's
request of 60 foot widths. He further requested the City Council approve the
preliminary plat for Phase I as proposed. Mr. Colbert recommended the 60 foot
right-of-way for all subdivisions in the City. Dale Runkle indicated that
Phase I would include land northerly of the east-west road and Mr. Sellergren
requested Phase I extend to the east-west road adjacent to the proposes park
land.
After extended discussion, Smith moved, Ellison seconded the motion to
approve the Comprehensive Guide Amendment from R-II to R-I according to City
requirements. All voted yes.
Egan then moved, Ellison seconded the motion to approve the application to
rezone the property to R-1 single family. All members voted yes.
Ellison then moved, Smith seconded the motion to approve the application
for preliminary plat, subject to the following conditions:
1. Street rights-of-way will provide for 60 foot widths prescribed under
the City Code.
2. The preliminary plat shall cover only Phase I as approved by the City
staff.
3. All applicable standard engineering conditions shall apply to this
development.
4. With the exception of the sanitary sewer line connecting to the
existing 12 inch trunk line, all sanitary seer lines shall be within public
rights-of-way with sanitary sewer and water main being stubbed to the east,
southeast, and southwest boundaries of this development.
5. The water main leads into this development shall be 8 inches in size.
6. The Council shall authorize the trunk storm sewer project to pipe
storm water from Pond BP-34 in the northwest corner of this proposed
development to the existing trunk storm sewer located within the Well Site
Park prior to final plat approval.
7. The street alignment shall comply with the last proposal submitted for
plat approval.
8. This development shall dedicate the 75 foot half right-of-way for
Cliff Road and Pilot Knob Road as shown on the preliminary plat.
9. This development will be responsible for a trailway along Pilot Knob
Road and Cliff Road.
12
Council Minutes
May 6, 1986 00154
10. This development will be responsible for trunk area water main,
lateral benefit from trunk water main, trunk area storm sewer, future street
improvements for Cliff and Pilot Knob Road and future trailways for Cliff and
Pilot Knob Road assessments at the rate in effect at the time of final
platting.
11. This development shall dedicate 20 foot utility easements over storm
sewer lines not located within public right-of-way and 30 foot easements over
sanitary sewer lines not located within public right-of-way.
12. This development will be responsible for obtaining-the necessary
permits from MPCA, Mn Department of Health, Dakota County Highway Department
and Northern Natural Gas.
13. This development- will be responsible for all costs of internal
streets and utility installation.
14. The developer shall comply with the Advisory Park Commission
recommendations.
All members voted in favor. R 86-34
SEE PLAT FILE
CITY CODE REVISIONS
Tom Hedges reviewed with the City Council several City Code revisions
including Chapter 1, relating to titles; Chapter 3 relating to collection of
utility bills; Chapter 4 incorporating the erosion and sediment control
manual; Chapter 5 changing the boundaries for off-sale liquor licenses under
ordinance No. 26 and revision of fees for the liquor licenses under Ordinance
No. 28. It was noted that the action of the City Council at the February 18,
1986 meeting regarding the number of on-sale liquor licenses, is not being
included for adoption at the present time. Chapter 6 covering bingo and
gambling is being repealed in that the activities are licensed by the State;
Chapter 10, a new subparagraph including additional dangerous weapons; and
Chapter 13 regarding minimum right-of-way widths.
Upon motion by Egan, seconded Wachter, it was resolved that the City Code
revisions submitted by the City Clerk VanOverbeke and described in his memo of
April 9, 1986 to the City Council, be and they hereby are approved and that
the Clerk of authorized to implement all the changes including publication of
those ordinances as required and inclusion within the City Code. All voted in
favor.
THOMAS WIRKUS - BUILDING PERMIT - 1533 LONE OAK ROAD
An application of Mr. & Mrs Thomas Wirkus for building permit to
construct a pole barn at 1533 Lone Oak Road came to the City Council for
review. Dale Runkle described the application and mentioned that the 1,225
square foot metal-clad utility building is being brought to the Council
because of the City's policy requiring review of any large metal sided utility
buildings in R-1 zoned areas. It was noted that the building apparently did
13
Council Minutes 00155
May 6, 1986
appear to meet the minimum requirements of the Eagan City Code. Mrs. Wirkus
was present and explained that the purpose is for the storage of classic cars,
that the wooded lot drops substantially from the street and that the exterior
color will match the color of the residential home on the lot. Noting that
the location does not appear to be obvious from the street or from neighboring
property owners, Smith moved, Wachter seconded the motion to approve the
application, subject however, to the submission of signatures from adjacent
property owners indicating they have no objection to the application. All
voted yea.
POLE DARN - BUILDING POLICY
There was discussion concerning the amendment to the City's current policy
regarding the approval of permits for pole type buildings including metal
exteriors within the City. Egan moved, Wachter seconded the motion to revise
the existing policy to provide that when such applications are submitted, that
written statements should be required from all adjacent property owners,
indicating whether they approve or disapprove of the applications and that the
procedure for the application shall be comparable to that of variances under
the Eagan City Code. All voted in favor.
WINDTREE 3RD ADDITION - VARIANCE
An application of Mark Johnson Construction Co. for variance to setback
requirements for Lot 1, Block 3, Windtree 3rd Addition came to the Council for
review. Dale Runkle briefly explained the request for variances of 6.5 feet
and 9 feet along the westerly property line, due to the double frontage on
Windtree Drive and Elrene Road. Mark Johnson was present and there were no
objections. Smith moved, Wachter seconded the motion to approve the
application. All voted in favor.
SAFARI 3RD ADDITION - FINAL PLAT
The application of final plat approval of Safari 3rd Addition located
north of Safari Pass and east of I-35E next came to the Council. The City
Council approved the preliminary plat on March 22, 1984 and upon motion by
Egan, seconded Wachter, it was resolved that the application be approved,
subject to compliance with all City requirements. All voted in favor.
R 86-33
DEERWOOD DRIVE - CONTRACT #86-6
The bids for Deerwood Drive, Contract #86-6, utilities and street
improvements were received on May 2, 1986. The low bidder was M. Danner
Construction Co. in the sum of $440,621.00. Tom Colbert recommended approval
and upon motion by Smith, seconded Egan, it was resolved that the low bid of
M. Danner Construction Co. be approved and authorized. All voted yea.
14
Council Minutes 0a 156
May 6, 1986
JOE CONNOLLY AND PAUL HEUER - PERSONNEL COMMENDATION
Tom Colbert explained to the City Council the extraordinary efforts of Joe
Connolly and Paul Heuer, employees in the utility department, in assisting in
the repair of a very serious water main break during the night of Saturday,
April 26, 1986. Ellison moved, Blomquist seconded the motion to personally
commend Paul Heuer and Joe Connolly for their service beyond the call of duty
in discovering and correcting the water main break. All voted yes.
EAGANDALE CENTER INDUSTRIAL PARK - CONTRACT #86-10
The bids for the Eagandale Center Industrial Park storm sewer improvements
under Contract #86-10 were-received on May 1, 1986 and Mr. Colbert noted the
low bidder did not acknowledge receipt of an Addendum but lack of
acknowledgement would not affect the low bid. Wachter moved, Egan seconded
the motion to receive the low bids for Contract #86-10 and order the
preparation of the final assessment roll with the hearing to be scheduled for
June 17, 1986 at 7:00 p.m. at the City Municipal Center. All voted
affirmatively.
BRITTANY 9TH ADDITION - CONTRACT #86-4
Bids were received on May 1, 1986 for utility and street improvements in
Brittany 9th Addition under Contract #86-4. The low bidder was M. Danner
Trucking in the sum of $150,239.25 and it was recommended the low bidder be
approved. Upon motion by Ellison, seconded Smith, it was resolved that the
low bid of M. Danner Trucking Company under Project #459, City Contract #86-4
be approved and authorized. All voted in favor.
PUMP HOUSE #8 - CONTRACT #86-12
The final plans for pump house #8 consisting of Contract #86-12 had been
completed and it was recommended that the plans be approved and that the Clerk
be authorized to advertise for a bid opening to be held at 10:30 a.m. on
Friday, May 30, 1986 at the Municipal Center. Upon motion by Wachter,
seconded Egan, it was resolved that the recommendation be implemented. All
voted yes.
1986 PARK CONSTRUCTION - CONTRACT #86-1
The bids for the 1986 park construction improvements under Contract #86-1
were opened on April 18, 1986 and it was recommended the low bid of Central
Landscaping, Inc. in the sum of $313,753.81 be approved. Egan moved, Ellison
seconded the motion to approve the recommendation and authorize it to be
implemented. All voted in favor.
15
Council Minutes
May 6, 1986
04157
PARK SHELTER - CONTRACT #86-9
The bias for the park shelters were received on April 15, 1986 and the
staff recommended approval of the contract to the low bidder A. L. M.
Construction in the amount of $382.838.00. Egan moved, Wachter seconded the
motion to approve the award of the contract to A.L.M. Construction Co. All
members voted in favor.
TRUNK WATER MAIN - HAMPTON HEIGHTS - CONTRACT #86-15
The plans for Hampton Heights trunk water main under Contract #86-15 have
now been completed by the consulting engineer. Mr. Colbert indicated that
although the Hampton Heights final plat has not been recorded, it was expected
to be presented at the next regular meeting and additional lead time is
required for ordering materials for the project. Smith moved, Egan seconded
the motion to approve the plans and specifications for Contract #86-15 ana
order the advertisement for bid opening to be held at 10:30 a.m. on Friday,
May 30, 1986 at the Municipal Center. All councilmembers voted yes.
WESCOTT ROAD - STATE AID RESOLUTION - CONTRACT #86-13
A proposed Resolution for staged construction of Wescott Road was
submitted. The public works director recommended that the final bituminous
wear surface be deleted from the proposed contract and constructed under a
separate contract in 1987. The City would commit itself to construction of
the final wear course under City Contract in 1987. Upon motion by Wachter,
seconded Egan, it was resolved that the Resolution for Contract #86-13
requesting state aid authorization for stage construction of Wescott Road and
authorization to the Mayor and City Clerk to execute all related documents, be
approved. All members voted yes. R 86-35
CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER
CONTRACT #85-5 - CHANGE ORDER #2
Change Order No. 2 to Contract #85-5 for Cedar Industrial Park trunk storm
sewer was submitted and it was recommended that the Change Order be approved.
Upon motion by Wachter, seconded Egan, it was resolves that Change Order No. 2
to Contract #85-5 be approved and the documents be authorized to be signed.
All voted in favor.
PILOT KNOB ROAD - PROJECT #466
Proposals were submitted by Bennett, Ringrose, Wolsfeld, Jarvis a Gardner,
Inc. and Bonestroo, Rosene, Anderlik & Associates, Inc. to perform design work
associated with Pilot Knob Road improvements proposed to be upgraded from 1-
35E southerly to Apple Valley in 1987. The two proposals were submitted to
the Council in the packet distribution and after review, Smith moved, Egan
seconded the motion to award the consulting engineering service contract for
the feasibility report for Project #466 to Bonestroo, Rosene, Anderlik &
Associates, Inc. All voted yes.
16
Council Minutes OQ 58
May 6, 1986
SLATERS ACRES - PROJECT #419
Tom Colbert and Paul Hauge reported to the City Council regarding the
commissioner's condemnation award for the Lee Bolstrum property in Slaters
Acres under Project #419. The City's appraiser estimated the amount of
damages at about $2,300.00 and the property owner's appraiser at $14,212.00.
The condemnation commissioners awarded $7,250.00 and a question arose as to
whether the Council would authorize appeal to the Dakota County District
Court. It was noted that if the award is approved, construction costs of the
project will have exceeded th? feasibility report by approximately $8,000.00
and 4%. There was discussion concerning the fact of the higher award upon the
other property owners. Wachter moved, Egan seconded the motion to authorize
the City attorney's office-to appeal the decision to the District Court. All
voted in favor.
WESCOTT ROAD - PROJECT #467
City Attorney Paul Hauge requested authorization from the Council to
commence the condemnation procedures in order to start the 90 day quick take
time running for the street improvements for Wescott Road, east of Lexington
Avenue. Several minor encroachments will be required for slope easements and
acquisition and only minimum easements will be required from Bratland, Tilley
and Dahl on the north side of Wescott Road. Smith moved, Ellison seconded the
motion to authorize commencement of condemnation under Project #467 as
required and to authorize the hiring of an appraiser to appraise the potential
damages. All members voted affirmatively.
DEERWOOD DRIVE - PROJECT #455
Dan Dwyer, the appraiser appointed by the City Council to appraise the
damages for Deerwood Drive improvements has submitted his estimates of damages
covering eight parcels and direction from the City Council was requested as to
negotiations with the property owners. After review, Egan moved, Smith
seconded the motion to authorize the staff to proceed to negotiate with the
property owners, based upon the appraisals that were submitted by Mr. Dwyer.
All voted aye.
PARK 6 PROTECTIVE INSPECTIONS DEPARTMENTS - CITY HALL REMODELING
Tom Hedges discussed with the City Council the proposed remodeling of the
City Hall office space for the Parks and Protective Inspections Department,
noting the drastic increase in work load in those two departments in 1986.
Total estimated cost of remodeling would be $8,175.00 with $3,900.00 in Parks
and Recreation and Protective Inspection budget for capital outlay. Upon
motion by Wachter, seconded Smith, it was resolved that the Council approve
the appropriation of an additional $4,275.00 from the contingency, to provide
for remodeling of the Parks a Protective Inspection Departments as requested.
All voted in favor.
17
Council Minutes
May 6, 1986 0oj59
AUXILIARY COPY MACHINE
Due to the volume in usage, the City's IBM copier has been experiencing
increased down-time due to maintenance problems, and it was recommended by the
staff that the Council authorize the purchase of an additional copy machine
for use in the Administrative building. Smith moved, Egan seconded the motion
to approve and authorize the implementation of the recommendation for an
additional copy machine in the sum of approximately $5,000.00 from the
contingency. -Ail councilmembers voted yea.
TREE PLANTING - MUNICIPAL CENTER SITE
The City Administrator-described the proposed planting of a row of trees
on the south side of the municipal building on the municipal site adjacent to
the existing compost pit. Blomquist moved, Egan seconded the motion to
authorize the staff to proceed with the proposal. All voted yea.
GRAVEL STREET MAINTENANCE POLICY
Councilmembers discussed the maintenance problems that have occurred for
gravel streets within the City. After discussing several alternate methods of
financing the maintenance costs, Egan moved, Wachter seconded the motion to
direct the staff to prepare a policy covering proposed financing and/or
assessments for costs for maintaining gravel surfaced streets within the City
and to submit the proposal to the City Council for final review and approval.
All members voted yes.
GAMBLING POLICIES
Councilman Ellison suggested that the staff prepare policies concerning
the issuance of gambling licenses under state law within the City. Ellison
moved, Blomquist seconded the motion to direct the staff to implement the
recommendation and return the proposed recommendation to the City Council for
its review and action. All councilmembers voted in favor.
CHECKLIST
Upon motion by Egan, seconded Wachter, it was resolved that the checklist
dated May 6, 1986 in the amount of $564,775.53 be approved. All voted in
favor.
ADJOURNMENT
Upon motion by Wachter, seconded Egan, it was resolved that the meeting
adjourn at 12:25 a.m. All voted yea.
PHH
Cit erk
18
00142
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 6, 1986
A regular meeting of the Eagan City Council was held on Tuesday, May 6,
1986 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 Hedges, City Engineer Colbert, Consulting Engineers Bob Rosene
and Mark Hansen, City Planner Runkle and City Attorney Paul Hauge.
AGENDA
Eagan moved, Wachter seconded the motion to approve the Agenda as
presented. All voted yes.
MINUTES - APRIL 15, 1986 - COUNCIL MEETING
The minutes of the April 15, 1986 regular City Council meeting were
presented and upon motion by Ellison, seconded Egan, it was resolved that the
minutes be approved with the following exceptions: Page 12, an additional
condition to the Bur Oak Hills preliminary plat include number 15, the
recommendation of the Advisory Park Committee relating to grading, seeding and
trails shall be adhered to; on page 6 relating to Sun Cliff 4th Addition,
Councilman Egan voted no; and on page 7 relating to the Mark Simpson permit,
Mayor Blomquist abstained. All councilmembers voted aye.
PUBLIC WORKS DEPARTMENT
1. Semaphores at #494 and Pilot Knob Road. A member of the audience
questioned whether semaphores will be installed at #494 and Pilot Knob Road
and Public Works Director Tom Colbert stated there was no budget allowance for
semaphores at that location at the present time. There was further discussion
concerning semaphores in other locations within the City, and Eagan moved,
Wachter seconded the motion to direct the staff to study the feasibility of
the installation of semaphores at Cliff and Blackhawk Roads in the City. All
voted yea.
2. Highview Avenue Improvements. A Petition was submitted by 76 persons
representing 48 parcels of property in the Highview Avenue area west of Pilot
Knob Road, requesting that the short segment from Pilot Knob Road westerly be
improved. Tom Colbert described the request and Ed Martin was present and
submitted the petition to the Council. Smith moved, Wachter seconded the
motion to order the consulting engineer to update the feasibility report with
1
Council Minutes 00:143
May 6, 1986
the objective of scheduling a public hearing in the near future. Roger
Sperling, an affected resident, spoke against the petition requesting a firm
commitment as to the anticipated cost for the improvements. Al Drenckhahn, a
Highview Avenue resident, was also opposed to the petition and recommended
curbing and storm sewer for the balance of Highview Avenue to the west. All
councilmembers voted in favor.
CONSENT AGENDA
The following consent agenda items were submitted to the council and
recommended to be approved:
1. Contractor's Licenses. The schedule of contractors licenses,
including homeowners, heating and ventilating, and plumbers licenses was
submitted and recommended to be approved by the Council.
2. Personnel Items.
a. Consulting Building Inspector. Due to the record pace of building
permit applications, the Protective Inspections Department is recommending
that two additional consultants be retained to perform building inspections in
the City, namely Paul Heimkes and Mark Anderson.
b. Part-time Police Dispatcher. It was recommended that Theresa
Rainwater be hired as a part-time police dispatcher, effective May 7, 1986.
c. Clerk-Typist - Protective Inspections/Parks Department. It was
recommended that Shelly Ketcham be hired to fill the clerk-typist vacancy
effective April 21, 1986.
3. Special City Council Minutes - March 25, 1986. It was recommended
that the Council approve the change in the minutes of the March 25, 1986
special City Council minutes regarding Lexington Square 3rd Addition which was
referenced as March 21, 1986.
4. Flag Day Proclamation. It was recommended that the City Council
approve the National Flag Day Proclamation for June 14, 1986.
5. Fourth of July Appropriation. It was recommended to the City Council
that it appropriate $1,000.00 to help sponsor the various weekend celebration
events for the 1986 Fourth of July, as authorized in the 1986 Budget.
6. City Surplus property. It was noted there were several pieces of
equipment throughout the various City departments that are obsolete and with
no value to the City. The staff recommended that the Council declare the
equipment surplus property and authorize the sale at the Police auction.
7. R. L. Johnson 2nd Addition - Final Plat. The final plat application
for R. L. Johnson 2nd Addition had been submitted and it was recommended that
the City Council approve the application and authorize the Mayor and City
Clerk to execute the related documents. R 86-22
2
Council Minutes
May 6, 1986 00144
8. Dakota County Cost Participation Agreements - Projects #427, #461 d
#463. The Cost Participation Agreements between the County of Dakota and City
of Eagan covering Projects #427, #461 and #463 relating to Yankee Doodle Road
and Cliff Road upgrading were submitted to the Council and recommended that
they be approved and that the Mayor and City Clerk be authorized to sign all
related documents.
9. Eagandale LeMay Lake Addition - Utility Easement Vacation. A petition
had been received from the developer of the Eagandale LeMay Lake 2nd Addition
requesting that the Council vacate certain utility easements. It was
recommended that the petition bp received and that the public hearing be
scheduled for June 3, 1986 at 7:00 p.m. at the Eagan Municipal Center.
10. Oak Cliff 4th Addition - Final Plat. The application for final plat
approval of Oak Cliff 4th Addition was submitted and the staff recommended
approval by the Council. R 86-23
11. Clearview Addition - Highway Easement Vacation. A petition was
received from the property owners requesting vacation of the slope easement
across a portion of the front yard of Lot 10, Block 3, Clearview Addition. It
was recommended that the Council receive the petition and schedule a public
hearing regarding the vacation for June 3, 1986 at 7:00 p.m. at the Eagan
Municipal Center.
12. Yankee Doodle Road - Traffic Signal Agreement - Projects #427 a #461.
A Traffic Signal Agreement with Dakota County regarding Projects #427 and #461
consisting of Yankee Doodle Road improvements at the intersection of Blue
Cross and Heritage Road and Federal Drive and Sperry entrance and on Lexington
Avenue were submitted to the Council and recommended that the Agreement be
approved and authorize the Clerk and Mayor to sign the necessary documents.
13. Town Centre 70 3rd Addition - Final Plat. The final plat for Town
Centre 70 3rd Addition had been submitted and staff recommended that based
upon compliance with all City ordinances that the application be approved.
R 86-24
14. I.S.D. #196 - Excavation Agreement - Contract #86-6. The Excavation
Agreement with Independent School District #196 consisting of Deerwood Drive
improvements under Contract #86-6 was submitted by the staff. It was noted
that approximately 40,000 cubic yards of excess material will be generated
from the Deerwood Elementary School development. The Agreement provides for
the stockpiling of the excess material with a cost of $.75 per cubic yard to
be used in construction of Deerwood Drive and it was recommended that the
Agreement be approved.
15. Greensboro First Addition - Final Plat. The application for final
plat approval of Greensboro First Addition was submitted by the staff to the
City Council and it was recommended that the application be approved and the
Mayor and City Clerk be authorized to sign the related documents.
R 86-25
3
Council Minutes 00145
May 6, 1986
16. Stuart's First Addition - Final Plat. The next application for final
plat approval consisted of Stuart's First Addition on Lexington Avenue and
Yankee Doodle Road. Staff recommended that the Council approve the final plat
application and authorize the Mayor and Clerk to sign the necessary documents.
R 86-26
17. Sale of Police Cars. Dakota County has submitted bids for the
purchase of two used police squad cars and the staff recommended that based
upon the prices that were being bid, that the Council approve the sale of the
two squad cars as surplus property to Dakota County.
18. Eagan Convenience Center - Final- Plat. The application of the K.
Charles Corporation for the approval of the final plat of Eagan Convenience
Center located south of Duckwooa Drive ana east of Krestwood Lane came to the
Council for its consideration. It was recommended that the application be
approved and that the Clerk and Mayor be authorized to execute the related
documents. R 86-27
19. Advent United Methodist Church Addition - Final Plat. The
application of Advent United Methodist Church for approval of the final plat
application, which addition is located west of Lexington Avenue and south of
Westbury 4th Addition, was brought to the Council for its approval. The staff
recommended approval, subject to compliance with all necessary city
requirements. R 86-28
20. Eagandale LeMay Lake 2nd Addition- - Final Plat. The final plat
application for Eagandale LeMay Lake 2nd Addition came before the Council and
it was recommended by the staff that it be approved, subject to compliance
with all City ordinance requirements.
21. Nicois Road - Project #460 - Resolution. A proposed Resolution
requesting state aid designation for Project #460 consisting of Nicols Road
(Old Cedar Avenue) which is in the process of being turned back from Dakota
County to the City of Eagan, was brought to the Council for its consideration.
It was recommended that the Council adopt the Resolution establishing Nicols
Road as Municipal State Aid Street #122 from Beau D' Rue Drive to Cliff Road.
Upon motion by Wachter, seconded Ellison, it was resolved that the
foregoing consent agenda items be approved and that the staff be authorized to
implement all necessary requirements. All voted yes.
R 86-29
LEXINGTON PLACE SOUTH 2ND ADDITION - EASEMENT VACATION HEARING
Mayor Bea Blomquist convened the public hearing regarding the vacation of
drainage and utility easements for Outlot A, Lexington Place South 2nd
Addition. Tom Colbert describes the proposed vacation and there were no
objections. After discussion, Smith moved, Wachter seconded the motion to
close the public hearing and approve the vacation of the drainage and utility
easements over Outlot A and Lots 1 through 4, Block 1, Lexington Place South
2nd Addition and authorize the Mayor and City Clerk to sign all related
documents for recording purposes. All voted in favor.
4
Council Minutes
May 6, 1986 04JL46
LONE OAK ADDITION - EASEMENT VACATION HEARING
The next public hearing convened by Mayor Blomquist consisted of drainage
and utility easement vacation for Outlot F, Lone Oak Addition. The Public
Works Director reviewed the proposed easement vacation which relates to the
relocation of drainage and utility easements adjacent to the Trinity Lone Oak
Lutheran Church property on Highway #55. Mr. Colbert stated that the
replacement easements have not been submitted and Wachter moved, Egan seconded
the motion to. continue the hearing until the June 3, 1986 meeting at 7:00 p.m.
All members voted yes.
BRITTANY 7TH ADDITION - UTILITY EASEMENT VACATION
The hearing regarding the utility and drainage easement vacation for Lot
5, Block 2, Brittany 7th Addition was next brought to the Council. The need
for the vacation easement resulted from a house being constructed over a
dedicated easement, and it was necessary to protect the integrity of the
underlying sanitary sewer line. Tom Colbert explained that soil
solidification has now been completed and recommended approval. There were no
objections and Wachter moved, Egan seconded the motion to close the hearing,
to authorize the vacation and execution of the necessary documents. All
councilmembers voted yes.
WESCOTT HILLS 4TH ADDITION - EASEMENT VACATION HEARING
Mayor Blomquist convened the public hearing regarding the vacation of
common lot line drainage and utility easements within Wescott Hills 4th
Addition. The Public Works Director explained the request for the vacation
and staff recommended approval conditioned upon no building permits being
issued for Lots 5 an 6, Block 1, until the relocation of the storm sewer is
complete. There were no objections and Smith moved, Ellison seconded the
motion to close the public hearing and approve the vacation of the common lot
line drainage and utility easements described in the petition, with the
condition that no building permits will be authorized for Lots 5 and 6, Block
1, until the storm sewer has been relocated, according to City requirements.
All voted affirmatively.
CUES MAR 4TH ADDITION - PROJECT #448R - HEARING
Mayor Blomquist convened the public hearing regarding storm sewer outlet
for Pond LP-55 under Project #448R in the Ches Mar 4th Addition area. The
project was initiated because of concerns expressed by residents within the
Oak Chase 2nd Addition and the rising elevation of LP-55A. A public hearing
was held at the December 3, 1985 City Council meeting and staff was directed
to investigate proposed detailed alignments for the storm sewer outlet to the
unplatted property to the north of Ches Mar 4th Addition. A neighborhood
meeting was held at City Hall on April 29, 1986 with a majority of the
property owners preferring Option 2 in the feasibility report which provides {
an outlet for Pond LP-55 only. There was a question as to whether a 918 or
5
Council Minutes
May 6, 1986 00 147
916 elevation should be implemented and the lower elevation generally was
supported by the majority of the property owners. The cost differential
between the 916 and 918 elevations was discussed and it was also noted that
the owners of the Sibley and Klingebiel property now have a sketch plan for
development of their unplatted parcels. The staff generally recommended the
918 elevation and it was noted the present elevation is approximately 924.
Mr. Colbert indicated the questions included the following:
1. Whether to provide a positive gravity outlet for LP-55. The staff
supports such an outlet with the alignment to be determined by easement
negotiation.
2. What elevation to control LP-55 should be determined, whether 918 or
916, noting that the differential in cost is about $2,500.00.
3. Should a positive gravity outlet for Pond LP-55 to 55A be installed?
4. If such a positive outlet is installed, should the line be part of the
trunk or lateral system for assessment purposes?
Mayor Blomquist stated her concerns about additional assessments for the
parcels affected by Pond LP-55A. Councilman Smith moved, Councilman Wachter
seconded the motion to close the public hearing and approve Project #448R as
follows:
1. A trunk outlet to LP-55 shall be installed with the understanding that
direct negotiations for easements will be entered into by the staff.
2. The preferable alignment would be the easterly alignment.
3. The 916 elevation shall be provided.
4. No assessments shall be associated with the present proposal, except
for an outlet to LP-55A if ordered in the future.
All voted aye.
The Sibleys and Klingebiels were present and indicated that they had hired
an engineer to prepare a preliminary scheme for the parcel. They had no
objection to the project and planned to continue with their development. Dick
Ney, an owner on LP-55A was concerned about the level of the pond and
suggested future consideration for the outlet to 55A. Roger Martin, anowner
on LP-54 was present and expressed concerns about the level of LP-54 during
heavy rains and whether the Carlson Lake outlet issue should be resolved.
Rick Sather, a consulting engineer on behalf of the Klingebiels and Sibleys,
presented a proposed scheme for development of the two parcels and suggested a
westerly alignment, even though more trees would be disturbed.
Egan then moved, Wachter seconded the motion to authorize pumping of LP-
55A on a temporary basis. All members voted yea.
6