06/17/1986 - City Council Regular
44890
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 17, 1986
A regular meeting of the Eagan City Council was held on Tuesday, June 17,
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 Hanson, City Planner Runkle and City Attorney Paul Hauge.
AGENDA
Wachter moved, Ellison seconded the motion to approve the Agenda as
presented. All voted in favor.
MINUTES
Regular meeting - June 3, 1986. Smith moved, Wachter seconded the motion
to approve the minutes as distributed. All voted yea.
VOLUNTEER FIRE DEPARTMENT
1. 3-M Presentation of Resusci-Junior. Tom Hutter, Sales Manager of the
3-M plant in Eagan, and the Safety Coordinator, appeared with members of the
Volunteer Fire Department, including Scott Wood and Jim Mueller. Mr. Hutter
presented a Resusci-Junior to the Eagan Fire Department and in addition, a
plaque of recognition to VFD members Scott Wood and Jim Mueller for their
instruction in the art of CPR to several of the 3-M employees.
2. Fire Chief Bob Childers - Resignation. Fire Chief Childers was
present and discussed with the Council his resignation and retirement from the
Volunteer Fire Department. Councilman Wachter moved, Egan seconded the motion
that the City Council not accept the retirement until the next regular meeting
of the City Council on July 1, 1986. All members voted yes.
PUBLIC WORKS DEPARTMENT
Stop Sign - Yorktown Place & Trenton Road. Tom Colbert reviewed with the
City Council a request of Charles Souza of 4248 Trenton Road requesting stop
signs be inserted at Yorktown Place and Trenton Road because of traffic
volumes and alleged property damage to his corner lot. Staff recommended
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June 17, 1986
against the request and stated there were insufficient warrants and
recommended a yield sign at that location. Mayor Blomquist suggested a stop
sign on a temporary basis. Councilman Wachter proposed a yield sign. Wachter
then moved, Smith seconded the motion to install a Yield sign southbound on
Trenton Road at Yorktown Place, and a Yield sign westbound on Yorktown Place
at Braddock Trail, and directed the police department to monitor the speeds
with a report submitted to the City Council at its first regular meeting in
October, 1986. All voted yes.
CONSENT AGENDA
Ellison moved, Smith seconded the motion to add the application of the
Eagan Hockey Association to the agenda for the Council's consideration. All
voted in favor.
The following consent agenda items were submitted to the City Council for
its review and consideration and it was recommended that they be approved:
1. Eagan Hockey Association - 4th of July. An application of the Eagan
Hockey Association for a gambling license for pull tabs at the Eagan 4th of
July Celebration was submitted to the City Council. There was no objection
from the Police Department. The staff recommended approval.
2. Contractor Licenses. A list of plumbing, heating & ventilating and
general contractor license applicants was submitted and it was recommended
that they all be approved.
3. Personnel Items:
a. Police Officer. It was recommended that Curtis Sisco be hired as
a Police Officer effective July 1, 1986.
b. Community Service Officer. A vacancy exists for CSO and it was
recommended that Kenneth Conyers, a former Eagan police officer, be appointed
to the CSO position.
c. Compost Site Monitors. The staff recommended that Sharon McNeely
and Kenneth Metz be hired as temporary compost site monitors for the 1986
season.
d. Seasonal Utility Maintenance Worker. The recommendation was that
David Erickson be hired to fill the remaining vacant seasonal utility
maintenance worker position.
4. Robins Addition - Final Plat Approval. An application was submitted
for the final plat approval of Robins Addition and the staff recommended
approval, subject to all City ordinance requirements. R 86-40
5. Pilot Knob Road - Trunk Storm Sewer - Project #473. A preliminary
report had been received for Pilot Knob Road trunk storm sewer under Project
#473 and it was recommended that the feasibility report be received and that
the public hearing be scheduled for July 15, 1986 at 7:00 p.m. at the
Municipal Center,'covering Project #473.
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June 17, 1986 V ~Gr
6. Amusement Device Renewals. A schedule of 1986 amusement device
renewal applications was brought before the Council and the staff recommended
approval of the applications.
7. Service Station Renewals. Ten (10) service station permit
applications were submitted to the City Council for the period covering July
1, 1986 through June 30, 1987 and it was recommended to the City Council that
they approve the applications.
8. Voting Accessibility - Advisory Committee. Assistant Administrator
Liz Witt submitted a memo to the City Council indicating that because the City
does not have an accessible polling place for Precinct #3, Federal Legislation
requires that the Council appoint an Advisory Committee to make a
determination of accessibility for Precinct #3 polling place. It was
recommended that Betty Preston, Corrine Robinson and Marilyn Legler be
appointed to the Committee.
9. Deerwood School Addition - Easement Vacation. A request was made by
District #196 for a vacation of an easement for the Deerwood School Addition
and it was recommended that the Petition be received and to order a public
hearing to consider the vacation on July 15, 1986 at 7:00 p.m. at the Eagan
Municipal Center.
10. Highview Avenue - Project #476 - Hearing. The feasibility report for
Project #476 consisting of street improvements on Highview Avenue was
submitted and the staff recommended the Council receive the report and
schedule a public hearing to be held at the Municipal Center at 7:00 p.m. on
July 15, 1986.
11. Blackhawk Glen - Easement Vacation. A request was made by the
developer of Blackhawk Glen Addition for drainage and utility easement
vacation and it was recommended to the Council that it receive the Petition
and schedule the public hearing for July 15, 1986 at 7:00 p.m. at the Eagan
City Hall.
12. T.E.M. Addition - Final Plat. The application of Thomas Murr for
final plat approval of T.E.M. Addition, located south of Golden Meadow Road,
was next considered by the Council. The staff recommended the Council approve
the final plat, subject to compliance with all City requirements.
Egan moved, Ellison seconded the motion to approve the foregoing consent
agenda items and authorize the staff to implement each of the items. All
voted yes.
R 86-41
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June 17, 1986 00:193
1986 TRAILER PERMIT RENEWALS
The applications for trailer permit renewals for 1986-87 were processed by
the City Clerk's office and inspected by the building inspector division. the
City Council had requested a detailed review of each trailer permit
application. Cheryl Johannes, administrative intern, in her report, indicated
the permit at 3850 Coronation Drive issued to James Horne was originally
intended to cover one year, to terminate June 1985 and in 1985 a renewal was
granted for an additional year. A one-year extension request has again been
submitted. Smith moved, Egan seconded the motion to approve the applications,
subject, however, to the understanding that a change in the color for the
James Horne trailer, be submitted to the staff for its approval. All voted
yes. `
EAGANDALE OFFICE PARK 2ND ADDITION - CONTRACT #85-19 - CHANGE ORDER #1
Change Order No. 1 to the Eagandale Office Park 2nd Addition, Contract
#85-19 was submitted, noting that a large sink hole occurred which required
corrective repair action. Councilman Wachter had questions about the change
order and upon motion by Wachter, seconded Egan, it was resolved that the
change order in the amount of $2,607.01 be approved. All voted affirmatively.
OFF-SALE LIQUOR LICENSES
City Administrator Tom Hedges stated at the May 6, 1986 City Council
meeting a demographic study and request to amend the off-sale liquor license
ordinance to allow for 5 licenses was submitted. As part of the deliberation,
the City Council suggested considering removing the limit on the number of
off-sale licenses and scheduled a public hearing for June 17, 1986 to consider
the removal of restrictions. A report was received from Police Chief Berthe,
indicating that there would be no serious problems in enforcing the laws
governing the operation of additional off-sale liquor stores. There were
interested persons in the audience including Gene Parranto who recommended
eliminating the limit on the number of licenses. Dave Perrier suggested that
the off-sale industry is facing greater restrictions, higher taxes, low mark-
up and higher insurance rates and opposed allowing an unlimited number of
licenses.
Bill Molene appeared on behalf of Kenny's Liquors in the Yankee Square
Shopping Center and opposed lifting the limit, indicating that the competition
would drive Kenny's Liquor out of business, and greater control of policing
problems may result. He stated that in his opinion that Kenny's will not be
able to survive with the additional store in the new Town Centre.
Councilman Ellison spoke in favor of allowing additional licenses and
letting competition prevail. He indicated that 13 of 17 cities surveyed by
the Eagan staff have no limits, and the number of licenses based upon
population in Eagan are far fewer than other cities.
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June 17, 1986 00 194
Councilman Smith stated that the Council had justification at one time in
limiting the number of permits, but the Council is becoming the center of
debate regarding the competition issue. He suggested letting the market place
control. Councilman Egan also spoke in favor but suggested a review of
restrictions and Councilman Wachter favored the proposal with possible
restrictions included in the Ordinance.
Mayor Blomquist noted that police and social control issues could prevail
with additional licenses and would favor reviewing other perameters to avoid
additional problems. After extended discussion, Ellison moved, Egan seconded
the motion to continue consideration of the ordinance to the regular July 15,
1986 meeting and instruct the staff to prepare recommendations for an
amendment to the ordinance to ptovide for no limits on the number of off-sale
liquor licenses available and further, that the hearing be closed. All
members voted yea.
DANIEL DRIVE - PROJECT IIA475
The public hearing regarding street and utility improvements for Project
#475 consisting of the upgrading of Daniel Drive, formerly South Wescott Hills
Drive was convened by Mayor Bea Blomquist. Tom Colbert introduced the project
and Mark Hansen, consulting engineer, described the project in detail. There
were no objections from any members of the audience. There was discussion
concerning the revision of the plat before approval of the street project and
Councilman Smith questioned whether the City Council had seen the proposed
revision in the street alignment. Mr. Colbert stated that it would not be
possible to vacate the abandoned roadway because of utilities in place, and
noted that it is important for staff to project alignments for future major
collector streets. Mr. Colbert suggested a Council work session to review
proposed future street alignments for collector streets throughout the City.
Egan moved, Ellison seconded the motion to close the hearing, to order in the
project and authorize the preparation of plans and specifications. All voted
in favor.
EAGANDALE CENTER INDUSTRIAL PARK - PROJECT #458
The final assessment hearing for Project #458 was convened by Mayor Bea
Blomquist and it was noted that the hearing on the final assessment roll had
now been rescheduled for July 1, 1986. Upon motion by Smith, seconded
Wachter, it was resolved that the public hearing be closed. All voted yea.
WEST SERVICE DRIVE - STORM SEWER - PROJECT #471 - ASSESSMENT HEARING
The next public hearing concerned the assessment roll for Project #471
consisting of the West Service Drive storm sewer improvements. Mr. Colbert
noted that the project is not feasible unless Project #458 is approved and
recommended that the hearing be continued until July 1, 1986 at 7:00 p.m.
Wachter moved, Egan seconded the motion to authorize the implementation of the
recommendation. All councilmembers voted affirmatively.
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00195
HOLLAND LAKE - PROJECT #444R - PUBLIC HEARING
The public hearing concerning storm sewer trunk outlet improvements for
the Holland Lake/Cliff Road area under Project #444R was convened by the
Mayor. Tom Colbert explained that the public hearing on the project had been
held at an earlier time and that the Council had closed the hearing and
requested that a revised preliminary report be prepared. He noted that
meetings had been held between Mark Hansen and property owners and also a
neighborhood meeting had been held.
Mark Hansen detailed the project and explained the district, the sub-
districts, the ponding problems and also the critical water level issue
regarding McDonough Lake within the Dakota County Parks system. He reviewed
alternates, including removing the County Park area from the storm sewer
system as requested by the Dakota County Board, and the problem of McDonough
Lake overflowing into Lakewood Hills ponds. He noted that a County study had
been completed, including five recommendations to retain the water and
preserve the quality of water within the County park area.
He further described the easements and the construction work that would be
required under the two alternates and also the significant number of trees
that would potentially be removed. Mr. Hansen mentioned that the alternate
along Cliff Road required additional trunk storm sewer installation,
restructuring of a pond, and deeper construction, but noted that if the County
is not able to control the water storage within the Park, that it could serve
as an outlet for McDonough Lake in the future. The additional estimated cost
is $157,000.00.
A large number of affected residents were present, including Charles Bell
of Oak Pond Circle. He stated that Schwanz Lake was pumped last summer,
causing two other ponds to be excessively high and it was unjust for the Oak
Pond Hills owners to be assessed, in that they had not created the problem.
Martin DesLauriers of 1031 Cliff Road, appeared and asked whether there were
any serious problems other than Schwanz Lake, and Mr. Hansen explained the
impact on the other lakes in the area. He also asked who the petitioners were
and Mr. Colbert answered the question for him.
Mr. Beauchemin, an owner on Cliff Road, explained the rapid increase in
water level along his property and had questions whether dams in the parks
would be adequate to retain the water. Gus Degler of Lakewood Hills indicated
the proposal would destroy 30 to 40 trees on his property and he opposed the
alignment through Lakewood Hills. Mr. Hansen also explained the difference in
cost is uncertain because of the potential easement costs, including tree
removal.
Lois Agrimson was concerned about some of the natural amenities along the
northerly proposed route, the erosion control problems and that the easement
would destroy the potential for development on their property. Lloyd Wells
from Lakewood Hills was opposed as was Roger Urban on Cliff Road. Mr. Urban
questioned the need, he noted that there was an excessive amount of rainfall
in 1986 and recommended the existing system be retained. Betty Endes of
Lakewood Hills appeared and was opposed as was Mrs. Paul Johnson who indicated
that there would be no benefit to the property owners.
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OGj96
Brad Sweet, a resident on Cliff Road, questioned whether agricultural land
could be assessed at residential rates. It was noted that rates are the same
for agricultural and residential purposes for assessments.
Don Ojala was represented and indicated that the high water levels are
affecting the Ojala property, but objected to assessments, claiming the
developers are causing the high water levels.
Mayor Blomquist stated that the City park area is creating much of the
problem and-proposed a continuance and recommended further study-. Councilman
Smith stated that it is important to follow the Comprehensive Storm Sewer Plan
and that the benefit can be determined through the normal assessment process.
He also stated that he thought that the route through Lakewood Hills is not
the logical alternate. -
The County Park Assessment Policy was discussed and it was noted that the
County Board had requested the potential for discharge of storm water from the
County Park at off-peak periods whereby the County would pay a fair share of
the cost.
Blomquist moved, Ellison seconded the motion to continue the hearing for
further study by the staff, and return to the City Council. Those in favor
were Ellison and Blomquist; those against were Smith, Wachter and Egan.
A resident of Lakewood Hills stated that there would be no objection to
being assessed if the construction is along the Cliff Road alternate. Dr.
Frank Nuttall, an owner on Cliff Road, stated the benefit was only to the
properties that had been developed and objected to the proposed assessments.
Chuck Lowrey and Barbara Schmidt, the director and assistant director
respectively, of the Dakota County Park System were present and discussed the
Dakota County Park's involvement in the storm sewer proposal. Councilman
Ellison asked what the likelihood is of the County actually using the system.
Mr. Lowrey explained that the County's position is that it wishes to be
excluded from the City storm sewer system, but is willing to pay assessments
for necessary benefit and keeping the high water quality is an objective of
Dakota County.
After lengthy discussion, Smith moved, Wachter seconded the motion to
close the hearing, to approve the project with the alternate alignment along
Cliff Road for the base project, including the installation of a storm sewer
outlet from LP-46 to LP-37, and to authorize the preparation of plans and
specifications. All voted in favor except Blomquist who voted no. Councilman
Smith moved, Egan seconded the motion to close the hearing concerning the
alternate covering the southerly Lakewood Hills portion addition storm sewer
project and to exclude that alternate. All voted in favor except Blomquist
who voted no. The hearing covered the time from 8:15 p.m. to 10:15 p.m.
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June 17, 1986 00197
SPERRY TAX INCREMENT PROGRAM & FINANCING PLAN
Mayor Blomquist then brought before the City Council the proposal for the
final consideration of review of the Sperry tax increment development program
and financing plan for economic development district No. 1. Mr. Hedges stated
that at the May 21, 1986 meeting of the City Council, a public hearing was
held to consider the review of the tax increment financing plan covering
$700,000.00 used for related public improvements to the proposed Sperry
marketing facility. It was noted that no comments had been received from the
applicable school districts or Dakota County. Dick Newman and Jerry Tank were
present on behalf of Sperry. -
There was discussion concerning the proposed draft Development Agreement
and Mr. Hedges noted the intent is to make certain the City is protected to as
great extent as possible. -It was recommended that the agreement be brought to
the City Council at the next meeting if the motion is adopted at the current
meeting, to approve the plan.
After discussion, Smith moved, Egan seconded the motion to approve the tax
increment financing development program for the economic development district
No. 1 consisting of the Sperry Sales and Marketing facility. Councilman
Ellison indicated that he opposed tax increment financing for reasons
including the following:
1. It is unfair to existing businesses which have not received TIF.
2. The project would very likely have been built without TIF.
3. A bad precedent is being created.
4. It is wrong for Government to pick economic winners and losers.
He indicated, however, he favors Sperry's presence in Eagan and indicated
it is a good corporate citizen.
Councilman Wachter indicated that TIF is a wrong use of taxpayers' money
and opposed the plan for the following reasons:
1. The project will not create new jobs but mainly transfers.
2. The Sperry area and no other area in Eagan is in his opinion, a
blighted area.
3. It is the wrong use of taxpayers' money.
4. The taxpayers were not given the opportunity to approve or disapprove
before all agreements were prepared.
5. He was not convinced that Sperry would not have expanded in Eagan
without TIF, and they had their plans formulated previously.
6. He did not think Eagan needed to assist the second largest computer
corporation in America financially.
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June 17, 1986
00 198
Those in favor were Blomquist, Smith and Egan; against were Wachter and
Ellison.
TOWN CENTRE 70 - OFF-SALE LIQUOR LICENSE
An application of Curtis Johnson and Carolyn Johnson for off-sale liquor
license in Town Centre Eagan Shopping Center was then brought to the Council.
Mr. Hedges indicated that at the May 6, 1986 City Council meeting, Council
authorization was given to amend the City Code to allow a 5th off-sale liquor
license for the north central portion of the City and that Town Centre 70
would qualify for such a location. There were comments among councilmembers
whether to act on the application or to continue it until the July 15, 1986
meeting. Wachter moved, Egan seconded the motion to continue consideration of
the application until the July 15, 1986 regular meeting. All voted yes.
EAGAN OFFICE PARK 3RD ADDITION - CUL-DE-SAC
Mr. Colbert reviewed the request of Opus Corporation to amend the proposed
plat for Eagandale Office Park 3rd Addition to allow a cul-de-sac that had
previously been eliminated by City Council action. Bob Worthington of Opus
was present and stated there were concerns by tenants about identity and
access is important for users in the area. The Planning Commission
recommended approval and Opus now asked for Council reconsideration. He
indicated that Sperry expects the cul-de-sac, and that only one cul-de-sac is
being requested for the general area. He further stated that the owner will
do the winter maintenance if it is an important issue to the City Council.
Councilman Smith asked whether a looped street would be feasible rather
than a cul-de-sac and Mr. Worthington stated it would be feasible but had not
been planned. Several councilmembers expressed their concern about cul-de-
sacs and that action had already been taken by the Council to eliminate the
cul-de-sac.
Smith moved, Wachter seconded the motion to continue consideration of the
request of Opus and further direct the developer to resubmit the proposal to
the City Council, providing for a looped street rather than a cul-de-sac, and
further stating reasons for or against such looped street, and in addition,
whether such a street should be a public or private street. All
councilmembers voted yea.
TEMPORARY ADVERTISING SIGN REGULATIONS
The City Council at its January 7, 1986 City Council meeting had directed
the staff to prepare a policy consideration for the location of temporary
advertising signs at the intersection of City collector and/or County roads.
Because of the late hour of the meeting, Smith moved, Ellison seconded the
motion to continue consideration of the regulations until the next regular
meeting on July 1, 1986. All voted yea.
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June 17, 1986
00199
MINNESOTA BANK EAGAN - CONDITIONAL USE PERMIT - YANKEE SQUARE
AMOCO STATION - VARIANCES
The application of Minnesota Bank of Eagan for conditional use permit to
allow pylon sign located on Lot 2, Block 1, Bicentennial Third Addition in
Yankee Square, came to the Council. The APC recommended approval, subject to
certain conditions. Dale Runkle described the application, including the
moving of signs as proposed both on the Amoco property and the Minnesota Bank
property. Mike Larkin was present as was Jim Rabuse for Amoco. An
application had been submitted by Amoco -oil for a variance to move the
existing Amoco pylon sign on Lot 1, Block 1, Bicentennial Third Addition. Mr.
Larkin stated that the reason for the request was for additional visibility
for the bank and that Amoco will move its sign if the variance is allowed for
the expansion of the Amoco-facility. Mr. Rabuse also made a presentation and
noted the distances between the four signs, from the Super America sign
westerly to the Yankee Square pylon sign. Mr. Larkin indicated that
originally the bank was uncertain where Super America would place its sign.
Mr. Rabuse stated that patrons are confused about the actual entry to the
Amoco station.
Mr. Runkle also described the proposed variances for the Amoco station
based upon the application for two variances from setback requirements for
expansion and remodeling the existing Amoco station. Mr. Runkle noted that
there would be reverse circulation for the car wash with an exit to 81st
Street and also the expansion of the building to allow for the sale of
groceries. A three foot spacing between the bank and Amoco properties would
be created with some snow storage problems, but the applicants indicated that
they would be required to haul snow off the property. There was also
discussion about converging the exits from the car wash and the bank, and it
was noted that that would not be a safe route.
Wachter moved, Ellison seconded the motion to approve the application for
Minnesota Bank for conditional use permit for pylon sign, subject to the
following conditions:
1. The sign front square footage shall be 95 square feet.
2. The height shall not exceed 27 feet above ground level.
3. The distance between signs as represented by the applicant, shall be
215 feet between Super America and the Bank sign; 275 feet between the Bank
sign and the Amoco sign; and 208 feet between the Yankee Doodle Square sign
and the Amoco sign.
All voted yes, except Smith who voted no, indicating that he had opposed
the small Minnesota Bank site originally.
Egan then moved, Smith seconded the motion to approve the application for
the variance to move the Amoco pylon sign, subject to the following
conditions:
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June 17, 1986 00200
1. There shall be additional berming and also the applicant shall review
the existing lanes for possible reconfiguration.
2. The sign front square footage shall be 95 square feet.
3. The height shall not exceed 27 feet above ground level.
4. The distance between signs shall be represented by the applicant,
being 215 feet between Super America and the Bank sign; 275 feet between the
Bank sign and the Amoco sign; and 208 feet between the Yankee Doodle Square
sign and the Amoco sign.
5. The one-time sign fee shall be $2.50 per square foot.
All councilmembers voted yea, except Blomquist who voted no, indicating
that the facilities are too crowded.
Egan then moved, Wachter seconded the motion to approve the two setback
variances subject to the following conditions:
1. Building permits shall be approved by the Building Department for the
remodeling.
2. All other City Ordinances shall be adhered to.
3. A detailed landscape plan shall be submitted for the area of
encroachment to the 20 foot green area.
4. The Minnesota Bank of Eagan and Yankee Square Standard shall enter
into an Agreement regarding snow removal and storage for their adjusted
driveways.
All voted yea.
Egan then moved, Wachter seconded the motion to approve the application
for the relocation for the variance to move the Amoco pylon sign, subject to
the following conditions:
1. The sign front square footage shall be 95 square feet.
2. The height shall not exceed 27 feet above ground level.
3. The distance between signs shall be represented by the applicant,
being 215 feet between Super America and the Bank sign; 275 feet between the
Bank sign and the Amoco sign; and 208 feet between the Yankee Doodle Square
sign and the Amoco sign.
4. The one-time sign fee shall be $2.50 per square foot.
All councilmembers voted in favor.
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June 17, 1986 00201
DALLAS DEVELOPMENT - CONDITIONAL USE PERMIT - PYLON SIGN
The application of Dallas Development Company for pylon sign for
office/warehouse on Highway #13 and Silver Bell Road was brought to the
Council. The Planning Commission recommended approval, subject to conditions.
There were no objections and a representative of Dallas Development was
present. He noted that the reason for the larger size of the sign is to
conform somewhat with the large building on the site. Smith moved, Egan
seconded the motion to approve the application, subject to the following:
1. This sign shall be the only monument sign over 7 feet on the site.
2. The one-time sign fee shall be $2.50 per square foot.
3. No additional pylon signs shall be allowed on the parcel.
All voted aye.
MOTEC TRANSMISSION - CONDITIONAL USE PERMIT - PYLON SIGN
An application of Motec Transmission/Equity Construction Company to
consider a conditional use permit for pylon sign in the Barton McGray
Addition, was next considered. The Planning Commission recommended approval
with certain conditions. It was noted that a conditional use permit for pylon
sign had been applied for at the July 2, 1979 meeting which was denied because
of an excessively high sign, and further there was discussion concerning the
elevation of Highway #13 at that location. The 300 foot spacing would now be
provided from adjacent signs which are on the opposite side of the adjacent
buildings. Ellison moved, Egan seconded the motion to approve the
application, subject to the following:
1. The sign placement shall be approved by the City Council.
2. The one-time sign fee shall be $2.50 per square foot.
3. The applicant shall locate the sign toward the back lot line so as to
be at least 300 feet from any adjacent signs.
4. The sign shall meet the Eagan freeway sign ordinance criteria.
All voted yea, except Smith who voted no, indicating that the 300 foot
spacing is not being complied with, according to the original intent.
R. KAYE SCHEURENBRAND - CONDITIONAL USE PERMIT - BOARDING KENNEL
The application of R. Kaye Scheurenbrand for a conditional use permit for
a commercial board kennel on a 5.81 acre parcel on the west side of Highway #3
in Section 36 came to the Council. The applicant was present and she stated
that a permanent facility is planned at the location within one year. She
noted it would be an all in-door facility and there were no objections.
Wachter moved, Egan seconded the motion to approve the application, subject to
the following:
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June 17, 1986
00202
1. The applicant shall obtain a City Kennel License and all other
necessary licenses.
2. A building permit shall be required for the remodeling and all
applicable Codes shall be adhered to.
3. The maximum number of animals shall not exceed 10 at one time.
4. There shall be no future building expansion or future building on the
site without City Council approval.
5. All animals shall be kept indoors to ensure adequate noise and odor
control.
All voted yes.
NORTHWESTERN MUTUAL LIFE INSURANCE CO./OPUS CORPORATION
WAIVER OF PLAT
An application of Northwestern Mutual Life Insurance Co. and Opus
Corporation for waiver of plat to split Lot 18 and combine the north half of
Lots 19 and 20, creating a 4 acre parcel, located north of Lone Oak Road and
west of the service road, in Eagandale Center Industrial Park was brought to
the Council for its review. Bob Worthington was present for the applicant and
there were no objections. The Advisory Planning Commission at its meeting on
May 27, 1986 recommended approval, subject to conditions. Upon motion by
Egan, seconded Wachter, it was resolved that the application be approved,
subject to the following:
1. The waiver is contingent upon the resolution of the storm sewer issues
in the general area.
2. There shall be a $.02 per foot Parks Dedication fee.
3. A detailed landscape plan shall be approved by staff prior to the
issuance of the building permit.
4. All other applicable Code requirements shall be complied with.
5. The developer shall submit executed easement documents for utility and
drainage purposes along all interior lot lines as proposed within the
Engineering report.
All members of the Council voted yes.
R 86-42
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June 17, 1986
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BUR OAK HILLS - REZONING FROM PD TO R-1
The application of Harstad Companies to rezone the South Delaware Hills
Planned Development from PD to R-1 came to the Council. The Planning
Commission recommended approval and it was noted that the Council had
recommended rezoning at an earlier council meeting, at the time of the replat.
A representative of the developer was present and there were no objections.
Smith moved, Ellison seconded the motion to approve the application. All
voted in favor.
RUSCON HOMES - VARIANCE - PARK RIDGE ADDITION
An application was submitted by Ruscon Homes for side yard variance for
approximately 2 feet on Lot 6, Block 4, Park Ridge Addition. There was
discussion concerning the hardship, noting that there was an inadvertent
construction error with concerns by Councilmembers regarding such errors.
Smith moved, Egan seconded the motion to approve the application subject to
compliance with all other City requirements. All voted in favor.
GRAND OAKS DEVELOPMENT COMPANY - OVERHILL REPLAT - SPECIAL PERMIT
An application of Grand Oaks Development Co. for special building permit
for construction of a model home in the Overhill Replat next came before the
Council. A representative of the applicant was present and indicated that the
reason for the request is due to the upcoming Parade of Homes and that the
final plat workload on the City staff has precluded completion of the final
plat for Overhill Farm 2nd Addition. The staff recommended the permit not be
granted prior to the final plat approval, according to City policy. The
representative mentioned that the applicant will not ask for an occupancy
permit and that there are no other residences that the developer could use for
a model home in the area. An owner on Westbury Circle appeared and objected
indicating that the builder had not complied with certain construction
problems from 1985. Members of the Council indicated the issue was not
relevant to the current application. Egan moved, Smith seconded the motion to
approve the application for foundation permit only prior to final plat
approval, and that no further construction will be allowed until the final
plat has been approved and recorded, according to City requirements. All
members voted yes.
GENERAL LIABILITY AND WORKERS COMPENSATION INSURANCE - 1986-87
Tom Hedges introduced the proposal of the City Council Finance Committee
that in light of the fact that Home Insurance Company has withdrawn from
municipal liability insurance coverage for Cities in the state, that the
Minnesota League of Cities insurance plan be implemented for Eagan. Bruce
Medvec of First Insurance Valley View was present and reviewed the quotes from
the League of Cities. A proposal was made to approve the umbrella coverage
and raise certain deductibles. He cautioned, however, about the Federal 1983
legislation and noted a potential savings of $27,000.00 in premiums. He also
discussed the Workers Compensation insurance proposal. After review, upon
motion by Smith, seconded Egan, it was resolved as follows:
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Council Minutes 062
04
June 17, 1986 V
That the League of Minnesota Cities' quotation to provide workers
compensation coverage under Plan B, which is the optional refund, general
liability which includes a $600,000.00 combined single-limit, and all other
insurance including automobile, be approved. It was specifically noted that
the City would not seek umbrella liability insurance in addition to the
$600,000.00 combined single-limit which is provided for under Minnesota
Statute 466.03 due to the excessive rates and further, that since the City is
adopting a self-insurance approach to both the workers compensation and
general liability plans, the difference between the full coverage insurance
cost and the lower self-insurance premium cost will be budgeted in 1987 in a
self-insurance fund.
All members voted in favor.
FRED DeLOSH - KEEPING OF HORSES
A request by Fred DeLosh at 2882 Sibley Highway for some direction from
the City Council as to the keeping of horses on his property consisting of 14
acres of single family zoned property, where he has owned the property since
1946 was next heard. Although he has not boarded horses in recent years, he
had questioned whether he could acquire a permit, if necessary, to allow him
to market and sell the property with a usable stable and approval to board
horses on the acreage. Councilmembers suggested rezoning to Agricultural and
no formal action was taken.
HAMPTON HEIGHTS ADDITION - FINAL PLAT
The application regarding the approval of the final plat of Hampton
Heights Addition came next to the Council. The original proposal request
included a trail along Coachman Road but the Park Commission on a 4-2 vote at
its last meeting of June 11, recommended eliminating the trail for reasons
reviewed by the Park Commission members at its meeting. After discussion,
Smith moved, Egan seconded the motion to delete the trail as originally
required for reasons outlined by the Park Commission. Those in favor were
Smith, Blomquist and Egan; Ellison and Wachter voted no. Egan then moved,
Smith seconded the motion to approve the final plat, subject to compliance
with all City requirements. All voted in favor.
R 86-43
AIRPORT NOISE COMMITTEE - RESOLUTION
A resolution was adopted at a recent Eagan Airport Noise Committee
meeting, opposing the extension of Runway 4/22 at Minneapolis-St. Paul
International Airport, but Mr. Hedges recommended that the Resolution not be
adopted at the present time, until the Environmental Impact Statement has been
received. Blomquist moved, Egan seconded the motion to approve the
recommendation to forestall final consideration of the Resolution. All voted
in favor.
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Council Minutes
June 17, 1986 00205
PUBLIC IMPROVEMENTS
1. Wescott Road - Contract #86-13. The bids for City Contract #86-13
under City Project #467 had been received and the low bidder was Northdale
Construction in the sum of $456,053.50. It was recommended the low bidder be
awarded the contract.
2. Eagandale Lemay Lake 2nd Addition - Contract #86-16. The low bidder
under Contract #86-16 covering Project #474 dealing with street and utility
improvements -for the Eagandale Lemay Lake 2nd Addition was 0 & P Contracting
in the sum of $215,684.85. The staff recommended approval of the award of the
contract to the low bidder.
3. Sperry Consolidation Facility - Contract #86-17. It was recommended
that the low bid of Northdale Construction in the sum of $448,234.05 for
Contract #86-17 consisting of the Sperry Consolidation Facility public
improvements be approved.
4. Daniel Drive - Contract #86-18. The plans have been prepared for
Daniel Drive and it was recommended that the Council approve the plans and
order the advertisement for bids to be opened on June 27, 1986 at 10:30 a.m.
at the Eagan Municipal Center.
Smith moved, Egan seconded the motion to approve all of the four foregoing
recommendations and order their implementation. All voted yes.
FIVE-YEAR COUNTY HIGHWAY CAPITAL IMPROVEMENT PROJECTS
Mr. Colbert stated that Dakota County will be reviewing and updating its
five-year CIP for highway improvements very soon. The County has requested
each community review its previously approved five-year CIP to reaffirm the
proposed schedule and to identify any additional projected County improvements
that may be required that were not previously identified or included. A
schedule for the five-year CIP and additional needs was identified in a chart
submitted to the City Council. Wachter moved, Egan seconded the motion to
authorize the preparation of the five-year CIP as requested for County Road
improvements, including Schedules A and B that were submitted to the City
Council for its review. All voted in favor.
EAGANDALE INDUSTRIAL PARK
Dale Runkle stated that a developer is proposing to consolidate three lots
in the Eagandale Industrial Park area for the construction of a facility to
redistribute a special type of fly ash that will be transported in from
Pennsylvania. His question was whether the hopper that is intended to be
included would require a conditional use permit. It was his recommendation
that according to the definition of Light Industrial zoning, that it would
not, and that there is intended only to be inside storage and no processing.
No action was taken.
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Council Minutes
June 17, 1986 00206
THOMAS LAKE APARTMENTS - MULTI-FAMILY HOUSING REVENUE BONDS
A request had been made by Dominium Group for a public hearing to
determine whether the Council will authorize an increase from $10,000,000.00
to $11,985,000.00 for the multi-family housing revenue bonds for its project
on Thomas Lake. There was discussion regarding the amenities that were
proposed to be included and upon motion by Smith, seconded Wachter, it was
resolved that a public hearing be scheduled for the July 1, 1986 regular
meeting, to consider the change in the inducement Resolution as proposed. All
voted yes, except Blomquist who voted no. _
O'NEIL VS. CITY OF EAGAN
The City Attorney again updated the City Council regarding the proposed
informal stay in proceedings regarding the O'Neil vs. City of Eagan civil
action. He indicated that no response has been received from the O'Neils. A
proposed resolution authorizing the Planning Commission and City Council to
proceed with the comprehensive guide plan, including commercial zoning within
the City, was submitted to the Council for its review. Egan moved, Ellison
seconded the motion to adopt the Resolution which provides for consideration
of the comp guide at the special joint meeting for the Planning Commission and
City Council scheduled on June 26, 1986 at the Eagan Municipal Center at 7:00
p.m. All members voted yes, except Wachter who was concerned about one of the
Whereas clauses which he did not identify, and voted no.
LEMAY LAKE HILLS - PONDING EASEMENT
Mr. Colbert explained to the City Council a request of Al Kempf, the
developer of LeMay Lake Hills Addition for release of a 1969 ponding easement
which had been replaced by the ponding easement on the plat for the Addition.
He recommended approval and Wachter moved, Egan seconded the motion to approve
the release and authorize the execution of the related documents. All voted
in favor.
SPRING PROPERTY ON LEXINGTON AVENUE
Tom Colbert described to the City Council the complaints of Mr. and Mrs.
Spring regarding the wash-out and erosion on their property on the west side
of Lexington Avenue, north of Diffley Road. He indicated that the erosion
problems resulted from a County culvert and that the correcting cost would be
from $15,000.00 to $32,000.00. The City Council members agreed that they
would not expend further money regarding the request because of the excessive
cost with the cause not resulting from City improvements.
CHECKLIST
Wachter moved, Smith seconded the motion to approve the Checklist dated
June 17, 1986 in the amount of $1,42 6,655.94 All voted in favor.
& May 31,1986 in the amount of $562,427.17.
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Council Minutes n,r~1Vl~20~
June 17, 1986 ~1
ADJOURNMENT
Wachter moved, Smith seconded the motion to adjourn at 1:15 a.m. All
voted affirmatively.
PHH
ALL
Cit 1erk
18