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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 1 Council Minutes 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. 2 Council Minutes 0GJL92 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 3 Council Minutes 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. 4 Council Minutes 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. 5 Council Minutes June 17, 1986 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. 6 Council Minutes June 17, 1986 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. 7 Council Minutes 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. 8 Council Minutes 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. 9 Council Minutes 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: 10 Council Minutes 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. 11 Council Minutes 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: 12 Council Minutes 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 13 Council Minutes June 17, 1986 '2t 3 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: 14 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. 15 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. 16 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. 17 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