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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