10/07/1986 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
OCTOBER 7, 1986
A regular meeting of the Eagan City Council was held on Tuesday, October
7, 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 Tom Hedges, City Engineer Tom Colbert, Planner I Jim
Sturm, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul
Hauge. -
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
September 16, 1986 - Regular Meeting. Wachter moved, Egan seconded the
motion to approve the minutes of the September 16, 1986 regular meeting, with
the following revisions: At page 8, the amount for the 1987 General Fund
should be $7,389,630.00; and page 15, Sperry Consolidation Facility
Amendments, should read, those in favor were Smith, Egan and Blomquist; those
against were Ellison and Wachter. All members voted in favor.
September 8, 1986 - Special Meeting. Egan moved, Ellison seconded the
motion to approve the minutes as prepared. All voted yea.
September 25, 1986 - Joint Meeting. Ellison moved, Wachter seconded the
motion to approve the minutes of the joint meeting with the Advisory Planning
Commission as presented. All voted yes.
PUBLIC WORKS DEPARTMENT - TRENTON ROAD & YORKTOWN PLACE
At the June 17, 1986 council meeting, the Council considered a petition
requesting installation of stop signs at the intersection of Trenton Road and
Yorktown Place. The City Council requested the installation of a yield sign
and that the police department perform additional sign compliance and speed
studies. A recommendation has now been made by the police department that the
yield signs can adequately control the speed at the location and recommended
no change. There was no residents present regarding the issue and no action
was taken.
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October 7, 1986
POLICE DEPARTMENT
The police department had requested that the Council approve the sale of a
1984 Ford squad car and declare it surplus property. Two bids were received
and the highest was from Suburban Auto in the sum of $2,289.00. Upon motion
by Smith, seconded Wachter, all voting in favor, it was resolved that the
surplus automobile be sold to Suburban Auto.
BLACKHAWK ROAD & CLIFF ROAD - SIGNALIZATION
The staff noted there had been five personal injury accidents and nine
property damage accidents in the past four or five months at the intersection
of Cliff Road and Blackhawk Road in Eagan. The MnDOT has scheduled the
installation of semaphores at the location in the summer of 1987. Councilman
Wachter requested the staff attempt to persuade MnDOT to move up the schedule
because of the accident problems at that intersection.
CONSENT AGENDA
Upon motion by Wachter, seconded Egan, it was resolved that the following
agenda items be approved and ordered implemented:
1. Contractor's Licenses. A schedule of contractor's license
applications was submitted and recommended to be approved.
2. Single Family Revenue Bond Issue Coupon. It was recommended that the
resolution regarding payment in lieu of issuance of a duplicate coupon for a
single family revenue bond -issue series 1980 Coupon No. 12, due May 1, 1986,
on Bond No. 1926, be approved._
3. Wells #8 and #9 - Contract #85-26. It was requested that three parts
for Change Order No. 1 under Contract #85-26 consisting of construction of
Wells #8 and #9 be approved, consisting of a total addition of $31,491.00.
4. Maintenance Building - Change Order No. 2 - Contract #85-21. It was
recommended that Change Order No. 2 to the maintenance building Contract #85-
21 be approved by the City Council.
5. Gun Club Lake Watershed Management Organization Representative. A
letter had been received from Wes Lane resigning as a member of the Gun Club
Lake Watershed Management Organization as a City representative and it was
recommended that the resignation be accepted by the City Council.
6. E-Z Airpark - Storm Sewer - Project #486. A petition had been
received from the owners of the proposed E-Z Airpark expansion requesting City
installation of trunk storm sewer facility and it was recommended that the
petition be received and that the City consulting engineer be authorized to
prepare a feasibility report.
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October 7, 1986
7. Brittany 9th Addition - Contract #86-4. Change Order No. I for
Brittany 9th Addition, Contract #86-4, covering grading and utility work
installation, was recommended to be approved in the amount of $10,192.50.
8. Windtree 5th and 6th Additions - Contract #86-5 - Change Order No. 1.
Change Order No. 1 to the Windtree 5th and 6th Additions, Contract #86-5
consisting of additional improvements under that contract in the sum of
$687.50 was recommended to be approved.
9. Windtree 5th and 6th Additions - Contract #86-5 - Change Order No. 2.
The staff then recommended that the City Council approve Change Order No. 2 to
Contract #86-5 consisting of improvements in the Windtree 5th and 6th
Additions with an additional amount of $9,591.00.
10. Eagandale Center Industrial Park - Contract #86-10. Staff submitted
to the City Council Change Order No. 1 for Contract #86-10 consisting of
improvements in the Eagandale Center Industrial Park and recommended that the
Change Order be approved in an additional amount of $10,441.55.
11. Hampton Heights - Trunk Water Main - Contract #86-15 - Change Order.
The change order to Contract #86-15 covering the Hampton Heights trunk water
main improvements was submitted and staff recommended that the City Council
approve the additional amount in the sum of $19,043.26.
12. Chatterton Ponds - Final Plat. The application had been submitted by
the developer of the proposed Chatterton Ponds subdivision for final plat
approval, and it was recommended that the application be approved, subject to
compliance with all City requirements. R 86-73
13. St. John Neumann - One-Day Consumption & Display License. An
application from representatives of St. John Neumann Catholic Church on Pilot
Knob Road for one day consumption and display license for November 15, 1986
was submitted and staff recommended approval.
All councilmembers voted in favor.
TELEVISING OF CITY COUNCIL MEETINGS
City Administrator Tom Hedges introduced Bob Cooper who was present in the
audience, a member of the Burnsville/Eagan Joint Cable Commission, and who has
organized the televising of the regular City Council meetings. The first
televising took place on October 7, 1986 for practice purposes only and it is
intended that regular cable televising of the council meetings will commence
within a few weeks.
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October 7, 1986
Tq
GAMBLING ORDINANCE
At the August 7, 1986 City Council meeting, a public hearing was set for
October 7, 1986 to consider an ordinance amendment that provides specific
conditions for the statutorily allowed form of gambling known as pull tabs, to
be permitted at on-sale liquor establishments. Mayor Blomquist convened the
public hearing and Jerry Marko, representing the Eagan Lions Club, appeared.
He had questions about the 80% provision proposed under the ordinance and
recommended that only City organizations be allowed to acquire pull tab
licenses.
A representative of the Multiple Sclerosis Society was also present and
indicated that she had not received a copy of the revised draft, but requested
an exception and noted that 43 people with multiple sclerosis reside in the
area. She further indicated that the MS Society has been giving special
grants to Cities to assist the Cities for handicapped persons.
Councilman Ellison indicated that he had submitted the issue to the City
Council regarding charitable gambling and now the main issue has to do with
whether only local or national groups should be allowed pull tab licenses. He
recommended only local groups be allowed because national organizations would
diminish the charitable gambling proceeds for local groups. He further argued
that the 80% factor should not present a problem because only pull tab net
receipts are involved.
Councilman Egan mentioned that eligible national organizations benefit
City residents and they should be allowed to acquire licenses. Mayor
Blomquist was concerned about policing the City ordinance regulations
regarding the percentages of net proceeds which benefit the Eagan area.
Councilman Smith recommended allowing City groups have two licenses to each
national organization license, or that half the licenses be permitted for
local organizations and half for nationally known charitable groups.
Dave Ashfeld, on behalf of the Eagan Lions, recommended national
organizations also place 80% of its funds into the local area. The alternates
were reviewed in detail and it was noted that under the proposal, the Council
could table any applications to require an equal number for both local and
nationally organized groups.
After extended discussion, Smith moved, Egan seconded the motion to adopt
the Charitable Gambling/Pull Tab Ordinance to include alternate No. II
providing for 15 active members and 15 members either employed or living in
the City, unless the organization is a nationally known charitable
organization, which shall also be allowed, and in addition, that A, B, and C
under Alternate No. II be included with no more than 4 annual licenses that
may be issued to national groups until further action of the City Council; it
was further understood that Alternate II, C. providing for eligible
organizations, which may be granted up to 4 consecutive day temporary license
in premises other than on-sale would refer only to eligible local City groups.
Those in favor were Smith, Egan and Blomquist; those against were Wachter and
Ellison.
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BLUEBERRY CIRCLE - PROJECT #481 - STORM SEWER
Mayor Bea Blomquist then convened the public hearing regarding storm sewer
improvements in the Blueberry Circle area of Hilltop Estates Addition, under
Project #481. Tom Colbert reviewed the preliminary report that was dated
September 15, 1986 and indicated that the purpose was to prepare alternates
for the existing drainage problem for Lots 14, 15, and 16, Block 7, Hilltop
Estates Addition. A serious water problem had been created on the rear
portions of those lots and the property owners had requested a feasibility
study be prepared.
Mr. Colbert noted that 7% overhead was not included but there was much
less than the normal 30% overhead for improvement projects. The residence on
Lot 16, Block 7, was built 2 1/2 feet lower than the design plans that were
approved by the City. The alternates included the following:
1. Fill the low area, which would cause loss of trees.
2. Drill a wet well, which would not appear to be feasible because the
soil is not compatible for such method.
3. Pump the water out, which will require long term maintenance.
4. Installation of a City improved storm sewer outlet.
Mr. Colbert was concerned about having affected owners waive objections to
proposed assessments, however.
It was noted that the builder of Lot 16 was Developers Construction Co. A
number of the affected property owners were present, including Ed Dannecker,
the owner of Lot 15. Mr. Dannecker questioned whether it would be feasible to
place fill in the rear to cause an overland flow of water out to Blueberry
Circle, and Mr. Colbert stated the engineering study done by Jim Hill at the
request of Sienna Corporation, the original developer, indicated it was
possible to do so. Mr. Dannecker argued that it was not the responsibility of
the four owners alone to finance the cost of improvements, and suggested
assessing the land to the east.
Steve Reid, an owner, was also present and stated that water flowing to
Blueberry Circle would empty in his front yard, and he recommended the storm
sewer system alternate. John Moffat, the owner of Lot 13, appeared and noted
that the water had ponded early in the development and that Sienna Corporation
informed the builders of the problem. Contacts have been made with the City
building department and he understood that the problem had been resolved, and
therefore requested the owners not be required to pay the cost. He would
object to any assessments levied against Lot 13.
Original grading plans that were submitted and approved indicated drainage
would be effective, according to Tom Colbert. Dan Osborne, the owner of Lot
16, stated that the City may have been negligent. It was noted that Sienna
Corporation had contributed to the cost of the engineering, but the three
involved builders have not been willing to contribute further toward resolving
the issue.
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October 7, 1986
Wachter moved, Ellison seconded the motion to continue the public hearing
until the next regular meeting and request the staff to continue discussion
with the developer and the builders concerning a proposed contribution toward
the resolution of the problem; further, that the staff be instructed to
contact the owners of Lots 12, 14, 15, and 16, in the event that the developer
and builders will not contribute, and to determine whether those owners will
accept part or all of the estimated costs; further, that staff determine
whether water does drain from the area to the east. Councilman Smith asked
the owners present if they would contribute up to $2,000.00 per lot, for lots
14, 15, and 16, if the developer and builders would not contribute further.
All voted in favor except Smith who voted no.
Mayor Blomquist then moved and Ellison seconded the motion to direct the
staff to temporarily pump the flooded area to protect the trees until a
permanent solution is accomplished. All councilmembers voted affirmatively.
HAMPTON HEIGHTS - TRUNK WATER MAIN - PROJECT #451
Mayor Blomquist then convened the final assessment hearing in regard to
Project #451 consisting of trunk water main improvements. Mr. Colbert had
stated that he had met with Harry Lemieux and contacted Judy Lemieux regarding
the trunk area water assessments against parcels 010-05 and 010-06. Mr.
Colbert's understanding is that the Lemieuxs will not object further to the
assessments and recommended that the Council close the hearing. There were no
further objections and no appearance. Egan moved, Ellison seconded the motion
to close the final assessment hearing for Project #451 and to authorize the
certification of the assessment roll to the County Auditor for collection.
All voted yes.
SUNPOINTE - PRELIMINARY PLAT
The application of R.M.C. Development and Advance Developers for
preliminary plat approval of Sunpointe Addition next came to the Council. It
was recommended by the staff that consideration of the application be
continued because the developer and affected residents have not fully
addressed the issues. Egan moved, Smith seconded the motion to continue
consideration of the application until the next regular council meeting. All
voted yea. SEE PLAT FILE
TAX INCREMENT FINANCING GUIDELINES
The final Tax Increment Financing Guidelines draft that was prepared by
the Economic Development Commission was reviewed by the City Administrator.
He noted that there was one item to be added, dealing with another viable
location throughout the county requirement. After discussion, Smith moved,
Egan seconded the motion to approve the Tax Increment Financing Guidelines.
Councilman Ellison requested the Council adopt a policy opposing tax increment
financing because it is a subsidy to private development, but does not treat
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October 7, 1986
all developers fairly and objected to any TIF. The Mayor stated that TIF does
not take tax dollars directly from the property owners and in light of all the
factors, favored the guidelines. Councilman Smith submitted that the City
cannot change national policy and Councilman Wachter indicated that he would
vote no in opposition to the tax increment financing concept. Those in favor
were Smith, Egan and Blomquist; those against were Wachter and Ellison.
SLATERS ACRES - PROJECT #419
Tom Colbert discussed with the City Council the results of the attempt by
the staff to contact all of the objecting property owners in the Slaters Acres
area regarding the utility and street improvements under Project #419. He
mentioned that 11 waivers have been received with two objections still
outstanding including James and Barbara Schmidt and Aubrey Hall. Mr. Colbert
explained the issue regarding the Schmidt parcels and discussed three options
for resolution of the assessment against the adjoining parcel to the Schmidt
lot. Jim Schmidt was present and noted that the two lots should be logically
tied together, to be assessed as one. One alternate suggested provided for
assessment in the event of future development.
After lengthy discussion, Councilman Smith moved, Councilman Ellison
seconded the motion to direct the staff to schedule a new public hearing and
notice all affected property owners with an explanation of the circumstances
and further, that the current certification of the assessments be rescinded
with the public hearing being scheduled for November 6, 1986 at 7:00 p.m. at
the City Municipal Center. All councilmembers voted yes.
LEXINGTON SQUARE 2ND ADDITION - PROJECT #433
Tom Colbert stated that Charles Hall, representing parcel 010-01, who had
submitted a written objection regarding the Lexington Square 2nd Addition
assessments at the September 16, 1986 assessment hearing, now had withdrawn
the objection. Mr. Colbert recommended that the Council close the public
hearing. Upon motion by Egan, seconded Wachter, it was resolved to close the
hearing under Project #433 and approve the final assessment roll and authorize
the Clerk to certify the roll to the County Auditor for collection. All
councilmembers voted affirmatively.
BLACKHAWK ACRES 2ND ADDITION - PRELIMINARY PLAT
A public hearing had been held by the Advisory Planning Commission for
approval of the preliminary plat of Blackhawk Acres 2nd Addition and at its
meeting on September 23, 1986 recommended approval subject to certain
conditions. Jim Sturm, the Assistant City Planner, was present and reviewed
the proposal, indicating that the previous plat was approved in 1983, that a
neighborhood meeting was held on August 13, 1986 and the Advisory Planning
Commission had recommended that a half tot lot on each side of Robin Lane, as
opposed to single full size play area, be installed.
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October 7, 1986
The development would provide for 32 townhouse units on 6 acres on Lot 7
through 12, Blackhawk Acres Addition in Section 17. The project will be built
in two phases with the first phase consisting of 16 units east of Robin Lane.
The Mayor opened the meeting to comments from the audience, and Robert
Saleck of 3741 Blackhawk Road, appeared objecting to the fact that the units
are expected to be of lower value than the single family homes on Blackhawk
Road. Les Duoos, the developer, was present and stated that the prices will
range between $67,000.00 and $73,900.00. The City Council in 1983 eliminated
the $90,000.00 minimum cost per unit condition recommended by the Advisory
Planning Commission. Councilman Smith further noted that the land was
downzoned from R-4 to R-3.
George Thompson, an owner on Blackhawk Road, also objected noting the
entire west side of his lot would face the townhouse units. Comparable houses
that were picked by the developer, he indicated, were not comparable and he
was concerned about the devaluation of his property. He further stated that
commitments had been made and promises not kept, and that the quality of the
homes was one of his major objections.
Wayne Cordes, surveyor, also was present and depicted the view of the
townhomes from the R-1 homes on Blackhawk Road.
After extended discussion, Ellison moved, Egan seconded the motion to
approve the application, subject to the following conditions:
1. This development shall obtain a permit from Northern Natural Gas
Company to encroach within their. easement for both grading and a permanent
driveway prior to final plat approval for that particular phase.
2. This development 'shall construct the appropriate hydrant leads as
referenced within the engineering report.
3. The private driveway shall have a maximum 4% grade for 20 feet from
the curb line of Robin Lane with the remainder of the driveway grade not to
exceed 10%.
4. This development shall dedicate a full 60 foot right-of-way for Robin
Lane that is not previously dedicated under the Blackhawk Acres Addition.
5. This development shall dedicate a minimum 20 foot utility easement
over the hydrant leads.
6. This development shall comply with all general engineering conditions
which apply.
7. This development shall be responsible for all costs associated with
developing this property.
8. Any drainage and utility lot line easements on the Blackhawk Acres
Addition not being used in the Blackhawk Acre 2nd Addition shall be vacated
prior to final plat approval.
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October 7, 1986
9. All standard plat conditions shall be adhered to.
10. This plat shall be subject to a cash parks dedication fee.
11. A tot lot shall be provided and the plans reviewed and approved by
the City's Park Planner.
12. All trash must be kept in the individual garages until the day of
pick up, and shall be picked up by one collector.
13. A homeowners association created through a proper declaration,
articles of incorporation and by-laws, reviewable by the City Attorney, shall
be provided.
All voted yes except Blomquist who voted no.
Mrs. Saleck also appeared and was concerned about the lack of traffic
signals and the heavy traffic on Blackhawk Road at Robin Lane.
SEE PLAT FILE
LEXINGTON HILLS FIRST ADDITION - PRELIMINARY PLAT
The application of H & Z Partners for preliminary plat approval of
Lexington Hills First Addition next came to the City Council. The plat was
proposed to consist of 168 apartment units on 16.3 acres in the Lexington
South PUD, immediately east of Lexington Avenue and north of Diffley Road.
The site, Lot 1, Block 1 and Outlot A in the First Addition provides for R-4
density and it was noted that the land falls rapidly to the City ponding near
the northeast corner of the site, and that the hillside is heavily wooded.
The overall density would be 10.30 units per acre and the Advisory Planning
Commission recommended approval, subject to certain conditions.
Mr. Hedges explained that in 1974 a plan was approved by the City, and in
1976 a Planned Unit Development Agreement was entered into. The 1974 plan
provides for an R-2 configuration in the northeast corner of the parcel, and a
question arose as to whether any rezoning had actually taken place.
Jim Curry was present and argued that the Planned Development Agreement
should control. He further stated that the parcel would qualify for density,
even if the R-2 triangle to the northeast had not been changed. Mr. Sturm
prepared a rough calculation and noted that the density would be about 14.74
units per acre with a fairly arbitrary line including the R-2 triangle.
Mayor Blomquist was concerned about the arbitrary line of the R-2 area,
that the neighbors had understood a different configuration had been approved
when the planned development was entered into, that there were concerns about
the green space and the hill area, which she stated were essentially
unbuildable and further, the need to review the entire 40 acre parcel for
driveway access for the other uses proposed within the 40 acre area.
Eric Spring, a neighbor to the west, stated that he would have objected to
the 1984 rezoning of the two parcels to the north, had he known about it. He
also had strong concerns about safety on Lexington Avenue and in addition,
storm drainage off of the parcel, with possible additional runoff onto his
land.
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October 7, 1986
Blomquist moved to-continue the application because of the issues that she
had stated, to allow the staff to research those questions. There was no
second and the motion died.
Mr. Curry attempted to answer the numerous questions that had arisen, and
Dale Vogt of 4115 Lexington Avenue, a neighboring owner, also appeared. He
was mostly concerned about safety and about the 1,300 vehicles that will be
added, and suggested that the development be delayed until the scheduled
upgrading of Lexington Avenue in 1988. Mr. Colbert noted, however, that it is
expected the reconstruction will not take place until 1989.
Dawn Simpson, a neighboring owner, also appeared and stated that in her
opinion, the zoning issue had not been settled, there were still questions of
density, that the road is dangerous and should be addressed seriously by the
City and the County, the drainage issues including the uncertainty as to where
the drainage will actually flow, and is there proper zoning for the churches
planned in the immediate area.
Mr. Colbert explained that he would anticipate that a storm sewer project
will be ordered in covering the area, in the very near future. Mayor
Blomquist resubmitted her motion to continue the application but there was no
second.
Ellison then moved, Egan seconded the motion to approve the application,
noting that the development meets the minimum requirements, including density,
that the density appears to comply with the City requirements and, further
that the application shall be subject to the following conditions:
1. The maximum grade of slopes over this site shall be 3:1, but 2:1
slopes will be permitted with the establishment of low maintenance ground
cover.
2. The Council must authorize the storm sewer outlet from JP-29 to Pond
JP-9 and also the sanitary sewer extension along Lexington Avenue prior to
final plat approval.
3. There shall be no access from garage stalls onto the entrance drive.
4. This development shall dedicate a 50 foot half right-of-way for
Lexington Avenue.
5. This development shall dedicate a ponding easement to the HWL for Pond
JP-29.
6. This development shall dedicate a minimum 20 foot wide utility
easement over any utility not located within public right-of-way.
7. This development shall be responsible for the easement, if necessary,
across the property to the south of it to install the sanitary sewer.
8. This development shall be responsible for an 8 foot trailway along
Lexington Avenue.
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October 7, 1986
9. This development shall be responsible for complying with any standard
engineering conditions-which may apply.
-10. All standard plat conditions shall be adhered to.
11. A detailed landscape plan shall be submitted and a financial
guarantee insuring proper installation and shall not be released until one
full year after completion.
12. One garage unit shall be included with the rent.
13. Trash locations (if not in the garages) shall be screened and noted
on the site plan.
14. A tot lot shall be provided and the plat shall be reviewed by the
Advisory Parks Commission.
15. A trailway along Lexington Avenue shall be the responsibility of the
developer.
All voted yes except Blomquist who voted nay.
SEE PLAT FILE
DAKOTA ELECTRIC ASSOCIATION - WAIVER OF PLAT
The application of Dakota Electric Association for waiver of plat to split
approximately 1.89 acres from a 3.3 acre parcel for an electric substation,
west of Dodd Road and south of Cliff Road, came next to the Council for its
review. Mr. Hedges stated that the Advisory Planning Commission recommended
denial for several reasons included in its minutes. Jim Sturm discussed the
application and mentioned that the denial was based upon the fact that the
property is zoned Agricultural and not appropriate for the proposed use. In
addition, the potential noise from the site and the notice in the newspaper
were issues that were explained by Mr. Sturm.
Ed Brunkhorst of Dakota Electric, appeared and presented some slides of
the DEC substation facilities in other location, including typical structures
and landscaping. -
Councilman Wachter asked what made the site unique, and Mr. Brunkhorst's
answer was that it was on the edge of the development, 250 feet from the
nearest home, and 400 feet from the house to the south, there were no
objections from the County Park Director, and adjacent to the site, a park
maintenance facility is proposed.
An adjoining owner appeared and objected because of the view, the possible
expansion of the site, and the potential nuisance from lights on the site. It
was explained that the cross-bar is 24 feet high and the lighting would be six
feet higher with a total of 30 feet. The present planned capacity should be
sufficient for 20 years according to Eldon Johnson, the chief engineer for the
DEC, but he could not state that it would never be expanded to include a
second unit on the site. Only one security light is proposed.
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October 7, 1986
t 'J
Mark See was concerned about the obstruction of the view of the park, the
noise and the lighting. Tom Gustafson, a neighbor, stated that it would
create an adverse aesthetic impact on the park and that there would be other
more appropriate locations. Bob Hawkins, a neighbor to the south, had
questions and objections, as well as Pam Johnson, who stressed the rural
nature of the neighborhood and suggested it would be aesthetically
distracting.
Stewart Wierke, one owner of the land, attempted to describe the proposed
park maintenance facility and stated in his opinion, the substation will be
small and insignificant.
Mr. Brunkhorst mentioned there are no other good sites for the substation
available in the area.
After extended review, Councilman Smith moved, Ellison seconded the motion
to approve the application, noting that there are no satisfactory alternates,
and that the area will need electrical power, subject to the following
conditions:
1. This development shall be responsible for its trunk area storm sewer
assessment at the residential rate in effect at the time of waiver approval.
2. All applicable ordinances shall be adhered to.
3. This development shall be responsible for park dedication fee.
4. There will be screening of 78 feet installed at the time of the
initial construction.
Mayor Blomquist was not convinced that DEC had exhausted attempts to find
other appropriate sites, and was opposed to the application.
All voted affirmatively, except Blomquist who voted against.
R 86-74
RAHN RIDGE ADDITION - B.H. GRACE - WAIVER OF PLAT
The application of B. H. Grace Corporation for waiver of plat covering Lot
4, Block 3, and Lot 6, Block 3, Rahn Ridge Addition, came to the Council. Mr.
Hedges explained the application briefly and noted that there were no
objections. Smith moved, Ellison seconded the motion to approve the
application, subject to compliance with all City requirements. All members
voted in favor.
R 86-75&76
SILVER BELL PLAZA - LIGHT INDUSTRIAL ZONING CLARIFICATION
Tom Hedges explained that Dallas Development Company had developed a
100,000 square foot plaza at the intersection of Highway #13 and Silver Bell
Road and has asked staff for clarification regarding uses in its
office/warehouse type of facility within Light Industrial zoned property.
There are no permitted uses or conditional uses that would allow a hair salon
or child care operation which have been requested to be located at the site.
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Council Minutes
October 7, 1986
Bernie Frye of Dallas Development Company was present and requested
clarification and recommended that certain retail uses be permitted in an I-1
zone. Councilman Egan was opposed to retail uses in Industrially zoned areas
and stressed that consistency is necessary. Mayor Blomquist and Councilman
Smith were concerned about the precedent and impact on other commercially
zoned areas. No action was taken.
RAYMOND FISCHER - ST. FRANCIS WOOD 5TH ADDITION - VARIANCE
A request had been received from Raymond Fischer for Stapf Construction
Company for variance for Lot 1, Block 1 and Lot 5, Block 2, St. Francis Wood
5th Addition regarding setback for proposed condominium development. The City
Code requires 30 foot front yard setbacks along public streets and 30 foot
side yard setbacks in R-3 districts. Staff recommended approval of the
variance, noting that other variances would be required and failure to approve
the application would be more detrimental to the development. There were no
objections. Smith moved, Egan seconded the motion to approve the application,
subject to compliance with other City requirements. All members voted yea.
1987 PROPERTY TAXES
Tom Hedges explained that the City Council is required to certify property
tax levies prior to October 15 of each year and that the Director of Finance
recommended that the Council include all special levies under the special levy
category entitled Increased Industrial/Commercial Development, which in the
past has allowed general fund base to increase accordingly, allowing the City
more flexibility dealing with future general fund budgets. The Council's tax
levy is projected to reduce the mill rate that was approved in 1985, payable
in 1986 and further noted nearly a 20% increase in the assessed valuation.
Wachter moved, Smith seconded the motion to approve the certification of
the 1986 general property tax levy, payable in 1987 in the amount of
$5,921,581.00. All members voted yes.
R 86-77
MINNESOTA VALLEY HUMANE SOCIETY
A request had been made by the Minnesota Valley Humane Society members to
construct an animal shelter in Dakota County and a representative, Mike
Shannon, was present at the Council meeting to discuss the proposal. He
mentioned that Dakota County may donate the land for the shelter and that he
had appeared both before the Apple Valley and Burnsville City Councils. The
shelter would do the animal control and many other animal services.
Councilmembers expressed interest in the program and suggested a possible
joint meeting with the Burnsville and Apple Valley City Councils regarding the
proposal.
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October 7, 1986
CONTRACT #86-20 - WINDTREE 7TH ADDITION
The final plat for Windtree 7th Addition had not been completed and staff
recommended continuation of consideration of the award of the contract, noting
the contractor, Lake Area Utility, had indicated a willingness to guaranty the
unit prices for an additional 30 days. Upon motion by Egan, seconded Wachter,
it was resolved that consideration of the award of Contract #86-20 be
continued. All voted yea.
INTEREST RATE REDUCTION PROGRAM CRITERIA
A Resolution was approved according to Mr. Hedges, as amended on November
20, 1984 including guidelines and criteria for low interest rate reduction
programs. The amended Resolution, however, was not prepared and a blank was
left in the amendment which should include an R-1 zoning classification, and a
requirement of "tax exempt multi-family housing status" prior to interest rate
reduction consideration. There were no objections, and Egan moved, Smith
seconded the motion to ratify the resolution as amended on November 20, 1984.
All councilmembers voted yes.
SOLID WASTE ABATEMENT COMMISSION APPOINTMENTS
The City has received requests from Duane Soutor, Thom Yehle and Tim Hoel
for membership on the Eagan Solid Waste Abatement Commission. Smith moved,
Egan seconded the motion to appoint the three individuals who applied for
membership to the Commission. All members voted in favor.
NORTHWEST AIRLINES GRADING PERMIT APPLICATION - LONE OAK ADDITION
The City Administrator explained that Northwest Airlines is proposing to
expand its development in the Lone Oak Addition to include a 230,000 square
foot pilot training simulator facility. He noted that all application
material has been submitted for a grading permit which had been reviewed by
staff and recommended to be approved. Notice had been sent to all adjacent
affected property owners and there were no objections submitted at the
meeting. Jim Thorpe, the Vice President of real estate from Northwest
Airlines, was present and reviewed the proposal for the simulator facility,
intended to include 16 flight simulators. The proposal would consolidate
pilot training and Captain Nunn, Chief of Training, appeared and stated that
all simulator flight training will be conducted within the Center. It will be
a 7-day a week, 24 hour's per day operation.
Wachter moved, Egan seconded the motion to approve the application,
subject to City Code compliance. Larry Laukka appeared on behalf of the
owners and requested approval. All members voted yes except Blomquist who
abstained.
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October 7, 1986
LIQUOR ORDINANCE - SECTION 505
Charles Bartholdi, attorney for Federal Land Company, appeared and
requested an interpretation from the City Council regarding Section 505 of the
Eagan Liquor Ordinance. Generally, the ordinance provides that immediate
members of a family may not hold more than one liquor license within the City.
He stated that Sidco, Inc., including Sidney Applebaum, is applying for a
liquor license in the Town Centre Addition and a question had arisen as to
whether the Cedarvale Liquor Store may have an immediate family member as a
licensee. He argued that there are three reasons why the immediate family
should not apply, including the following:
1. The Minnesota Statute does not include the restriction.
2. Immediate family should mean members of the same household only.
Children of the Applebaum family do not live in the household.
3. The Emancipation of Minors Act would be violated.
After discussion, Smith moved, Egan seconded the motion to authorize the
staff to proceed with the investigation of the application for the Town Centre
license and that the staff be further directed to amend the ordinance to
eliminate the immediate family provision, noting that the reason for the
inclusion in the 1970's was because of some issues that developed regarding
multiple liquor license holdings. All members voted in favor.
CITY OF EAGAN VS. ROBERT O'NEIL - POND ACQUISITION - PROJECT #443
City Attorney Paul Hauge reported to the Council that on September 29,
1986, he was delivered a copy of the Report of Commissioners in the
condemnation action brought by the City against Mr. and Mrs. Robert O'Neil for
permanent and temporary easements for acquisition of two ponds on the O'Neil
property, north of Yankee Doodle Road. The councilmembers discussed the award
and it was noted that the property owners have appealed the award and demanded
the payment of three-fourths, according to state law. After discussion, Egan
moved, Smith seconded the motion to authorize the appeal of the award and
further, to direct payment of three-fourths of the award according to the
request of the property owners. All members voted in favor.
There was then discussion concerning use of outside counsel to become
involved in the action. Upon motion by Egan, seconded Smith, it was resolved
that Chris Dietzen of the Larkin, Hoffman law firm, be engaged to act as co-
counsel with the City Attorney's office in the condemnation action. All voted
yes.
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October 7, 1986
LONE OAK TREE LOGO
A letter from the City Attorney's office in response to a request
regarding the protection of the City Lone Oak Tree logo was reviewed by the
City Council. Several alternatives, including a State of Minnesota service
mark, a trademark from the U. S. Patent Office and a copyright from the
Federal Patent office were discussed. After discussion, upon motion by Egan,
seconded Wachter, it was resolved that the City Attorney's office be directed
to proceed to register a service mark with the State of Minnesota. All voted
in favor.
CITY ANIMAL POUND - ABEL KENNEL
The City Administrator and the City Attorney discussed with the City
Council a termination of the dog pound with the William Abel Kennel, located
on Lexington Avenue. Complaints have been received by the City from
neighboring residents, objecting to the nuisance and noise from the kennel. A
letter had been received from Mr. and Mrs. William Abel, terminating their
City dog pound contract as of November 1, 1986. Contacts have been made with
Dr. Fitz, the owner of the Lakeside Animal Hospital on Highway #3, and he has
indicated a willingness to use his facility as a dog pound, subject to an
agreement for that purpose. The City Attorney's office had prepared a proposed
agreement which was submitted to the Council for its consideration. The
following action was taken:
1. Smith moved, Wachter seconded the motion to accept the resignation of
the Abel's Kennel as the designated dog pound facility. All voted yes.
2. Egan then moved, Ellison seconded the motion to approve Fitz
Veterinary Associates, P.A. as the official animal pound for the City,
effective November 1, 1986, and further to approve the agreement between the
City and Fitz Veterinary Associates, P.A., with the understanding that
insurance provisions will be clarified. It is understood that no hearing will
be scheduled on the termination of the Abel Kennel license at the present
time. All members voted in favor.
ELECTION JUDGES - GENERAL ELECTION - NOVEMBER 4, 1986
A schedule of Election Judges recommended for approval by the City Council
was submitted covering the November 4, 1986 general election. Upon motion by
Blomquist, seconded Wachter, it was resolved that the schedule of election
judges be approved. All voted in favor.
DISTRICT #191 SCHOOL BOARD SUPERINTENDENT STEERING COMMITTEE
A letter was received from Gerri Schinckle, the Chair of the
Superintendent Search Process Committee for District #191 requesting Mayor
Blomquist or another person be appointed to serve on the committee. Mayor
Blomquist indicated that she would be unable to serve on the committee and
suggested some alternates for representation for the City.
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October 7, 1986
i
SPECIAL COUNCIL MEETING - OCTOBER 14, 1986
The City Council scheduled a meeting with Charles Hall who will present
his proposed development along Wescott Road at the special council meeting at
6:30 p.m. on Tuesday, October 14, 1986.
FAWN RIDGE 2ND ADDITION - FINAL PLAT
The application for final plat approval of Fawn Ridge 2nd Addition has
been submitted and the staff recommended approval. Upon motion by Egan,
seconded Wachter, it was resolved that the application be approved, subject to
compliance with necessary City requirements. R 86-78
SUNSET 9TH ADDITION - FINAL PLAT
The next application reviewed by the Council included an application for
approval of the final plat of Sunset 9th Addition. Noting all the City
requirements have been met, upon motion by Egan, seconded Wachter, it was
resolved that the application be approved, subject to compliance with
necessary City ordinance requirements. All voted in favor.
R 86-79
LEXINGTON AVENUE & YANKEE DOODLE ROAD INTERSECTION
Tom Colbert announced that the intersection of Lexington Avenue and Yankee
Doodle Road will be closed ,for construction for approximately 4 to 6 weeks
during the fall of 1986. It was understood that Golf Drive through the
development east of Lexington Avenue will be used for a by-pass during the
construction period.
PILOT KNOB ROAD - PUBLIC HEARING
There was discussion concerning the scheduling of a public hearing for the
Pilot Knob Road improvements, and it was suggested that November 18, 1986 be
the scheduled date with a public information meeting on November 11, 1986. No
specific action was taken.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following checklist
dated October 7, 1986 in the amount of $660,322.72. All voted in favor.
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October 7, 1986
1Y
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 2:20 a.m.
All voted yea.
PHH
City erk
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