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01/21/1986 - City Council Regular 00011 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 21, 1986 A regular meeting of the Eagan City Council was held on Tuesday, January 21, 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, Consulting Engineers Bob Rosene'and Mark Hansen, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Egan moved, Ellison seconded the motion to approve the Agenda as presented. All voted yea. MINUTES Egan moved, Blomquist seconded to motion to amend the Minutes of the regular meeting of January 7, 1986 at page 5, Cedar Industrial Park, to provide that the consideration be continued until the first regular Council meeting in February, 1986. All voted yes. Wachter then moved, Egan seconded the motion to approve the Minutes of the January 7, 1986 meeting as amended. All voted in favor. SENIOR CITIZEN DEFERMENTS Four applications for senior citizen special assessment deferments were submitted and it was recommended that two be approved. Wachter moved, Egan seconded the motion to approve the applications of Hjalmer Anderson, 3155 Coachman Road, and Mary Post of 2859 South Lexington Avenue. All voted in favor. Egan moved, Wachter seconded the motion to deny the applications of Mrs. Mildred Sande of 1887 Silver Bell Road, Apt. #207, and Mr. and Mrs. Neil Houck of 4045 Lexington Avenue. All voted in favor. NATIONAL JAYCEES WEEK A Proclamation was read by Mayor Bea Blomquist designating the week of January 19 through 25, 1986 as National Jaycees Week in Eagan. 1 City Council Minutes January 21, 1986 00012 CABLE TV COMMISSION Ralph Campbell was present, the Administrator of the Burnsville/Eagan Cable Television Commission, and answered questions of Councilmembers, including updating them regarding the Arts and Entertainment channel and stated that attempts are being made to put pressure on Group W to offer such a channel. There was also discussion concerning the acquisition of the Group W franchise by Daniels Company and members expressed concerns about the future rates. a CONSENT AGENDA The following consent agenda items were presented and recommended for approval: 1. Contractor Licenses. A schedule of contractor licenses attached to the packet was recommended to be approved. 2. Personnel Items. a. Utility Maintenance Worker. It was recommended that Joel Fleck be hired to fill the vacancy as utility maintenance worker, subject to successful completion of the City's physical examination requirement. b. Recreation Supervisor (Programming). It was recommended that Paul Sunder be hired in the newly created position of Recreation Supervisor, contingent upon the successful physical examination. 3. Well #7 Pump - Contract #84-19. The final payment requested for Contract #84-19 consisting of Well #7 Pump was recommended to be approved and to be paid to Richmar Construction, Inc. in the sum of $12,771.75. 4. King 1st Addition - Final Plat. The application of Gary King for approval of the King 1st Addition final plat was recommended to be approved subject to compliance with all City requirements. R 86-2 5. King 2nd Addition - Final Plat. The second application from Gary King for approval of the final plat of King 2nd Addition was submitted and it was recommended it be approved, subject to completion of all necessary City requirements. R 86-3 6. Cedar Cliff Amoco - Service Station Permit. A permit application was presented by Cedar Cliff Amoco for a service station license at its facility at 4600 Slater Road and the staff recommended approval. 7. Cedar Cliff Amoco - Cigarette License. The cigarette license application for -Cedar Cliff Amoco at 4600 Slater Road was submitted to the City and recommended to be approved. 2 City Council Minutes January 21, 1986 00013 8. Knob Hill of Eagan - Utility Easement Vacation. A petition was received from the developer of Knob Hill of Eagan to vacate a previously dedicated lot line and utility drainage easement for Lots 1 and 2, Block 1, Knob Hill of Eagan, and it was recommended a public hearing be scheduled for February 18, 1986 at City Hall at 7:00 p.m. 9. Bell Lexington Addition - Final Plat. The application for approval of Bell Lexington Addition final plat was submitted and it was recommended that the Council approve the application, subject to compliance with necessary City requirements. R 86-4 Smith moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize the implementation of each. All voted yea. NANCY BRYANT - RESIGNATION City Administrator Tom Hedges stated that Nancy Bryant has submitted her resignation as a member of the Eagan staff and recommended that the City Council accept the resignation and authorize the advertisement for replacement. Wachter moved, Smith seconded the motion to approve the recommendation. All councilmen voted affirmatively. TWIN CITY AREA HOSPITAL PRICES City Administrator Tom Hedges indicated that a price index and information program is being compiled by the staff regarding the 24-hour care facility in Eagan, and further information will be available at a later time. EAGANDALE CENTER INDUSTRIAL PARK - PUBLIC HEARING - PROJECT #458 Mayor Bea Blomquist then convened the public hearing regarding Eagandale Center Industrial Park storm sewer under Project #458. Tom Colbert introduced the project and Mark Hansen of Bonestroo, Rosene, Anderlik & Associates explained the project in some detail. He reviewed the history and background of the trunk facilities in the Eagandale Industrial Park area and stated that because of increased density of development creating greater runoff, that additional storm sewer facilities are required with proposed installation of two 48 inch RCP storm sewers. There were questions from Councilmembers, including whether there are other comparable areas in the City where such extensions will be required. Mr. Hansen indicated that generally the other areas have greater over-land drainage and ponding available and should not require additional storm sewer drainage where storm sewer installations have already been completed. Tom Davis of Northwestern Mutual Life Insurance was present and stated he agreed with the-proposal in the report. Councilman Smith had concerns about future objections and Mr. Colbert suggested requesting bids and holding a final assessment hearing before the award of the final contract. 3 City Council Minutes January 21, 1986 00014 Bob Worthington of Opus Corporation appeared and stated that Opus had no objections to the project. About 75% of the project area is owned by Northwestern Mutual and Opus Corporation. Egan moved, Wachter seconded the motion to close the hearing and to order in the project with the understanding that a contract will not be awarded for at least 60 days after receipt of the bids. All members voted in favor. WINDTREE 5TH & 6TH ADDITIONS - PROJECT #462 The next public hearing convened by the Mayor concerned street and utility improvements under Project #462 regarding Windtree 5th and 6th Additions. After an introduction by Mr. Colbert, Mark Hansen reviewed the project. Jack Beren appeared on behalf of the developer and requested approval of the project but the developer will determine whether to proceed with the public contract or to do so privately. There were no objections to the project. Smith moved, Ellison seconded the motion to close the hearing and to order in the project and authorize the preparation of detailed plans and specifications, subject however, to the developer stating in writing to the City, whether it requests the City to proceed with the project or that the developer will proceed under a private contract, with the further understanding that the developer pay all costs to the City in the event that the project is installed privately. All voted yea. DEERWOOD DRIVE - PROJECT #455 - STREETS & UTILITIES The next public hearing that was convened by the Mayor concerned the street and utility improvements under Project #455 for Deerwood Drive westerly of Pilot Knob Road. Mark Hansen explained the project in detail and indicated that no sanitary sewer will be installed in Deerwood Drive because of the uncertainty of the development adjacent to the street. A number of affected property owners were present, including Todd Franz of 1525 Deerwood Drive who objected to the project, including the costs, indicating that there would be no benefit to his parcel 010-07. He stated that he had 330 feet of frontage with 4 acres and requested special consideration for assessments in the event that the Council determines to proceed with the project. Harvey Franz appeared on behalf of his father, and objected to the improvements, and further requested Senior Citizen deferment consideration. Bill Price of Suburban Engineering appeared on behalf of the Independent School District, together with other representatives of the District and requested the Council proceed with the project. Pat McCarthy, an affected property owner, also appeared and objected to the project. Councilman Egan had a question concerning the residential equivalent assessment and it was noted that full access will be granted along the road, thus the reason for the full residential equivalent. Mr. Hansen further stated that a tentative agreement had been reached with the School District personnel concerning the cost of material to be taken from the school site and to be used in the road right-of-way. Councilmembers requested the final design be returned to the City Council for review because of concerns about the distance from the Franz home to the right-of-way. 4 City Council Minutes January 21, 1986 00015 Elmer Heuer, 1530 Deerwood Drive, appeared and suggested the sanitary sewer be constructed at the present time. There being no further discussion, Ellison moved, Wachter seconded the motion to close the hearing, to order in the project and authorize the preparation of plans and specifications. All voted in favor except Smith who voted no, indicating that residential owners were opposed to the project and the project appeared to be premature at the present time. WYNDHAM CORPORATE CENTER - PROJECT #464 - STREET & UTILITY IMPROVEMENTS Mayor Blomquist next convened the public hearing regarding Project #464 including street and utility improvements for Wyndham Corporate Center. Mark Hansen briefly reviewed the project and there was considerable discussion concerning the access from Pilot Knob Road to the Corporate Center. It was proposed there would be one lane into the project and two lanes exiting the project, including a 36 foot improved right-of-way because of the electrical vault box on the north side. Al Drenckhahn appeared and favored the project. There were no objections, Egan moved, Smith seconded the motion to close the hearing and order in the project and to authorize the plans and specifications, with the understanding that review of the intersection will be performed by the City Council, including the cost of moving the electrical vault. All voted in favor. MISCELLANEOUS FINAL ASSESSMENT HEARINGS Tom Colbert noted that several final assessment hearings had been continued at the November 19, 1985 City Council meeting to the January 21, 1986 meeting as follows: FUTURE COUNCIL PROPERTY OWNER PROJECT # CONSIDERATION Patrick McCarthy 404 Indefinitely 10-01500-013-76 (Lateral benefit (Summer of 1986) from trunk water main) Patrick McCarthy 411 Indefinitely 10-02200-011-04 (Trunk area storm sewer) (Summer of 1986) Don Vogtmann 411 February 4, 1986 Lot 7 & N 1/2 Lot 6 (Trunk area storm sewer) Skovdale Addition Victor Staff 411 February 4, 1986 Lot 5, Skovdale (Trunk area storm sewer) Addition Ronald Boyle 411 February 4, 1986 10-02200-011-86 (Trunk area storm sewer) Lillian McCarthy 411 February 4, 1986 10-02200-010-02 (Trunk area storm sewer) 5 City Council Minutes January 21, 1986 00016 Mr. Colbert recommended that the foregoing be continued indefinitely or until February 4, 1986, according to the schedule above. Egan moved, Wachter seconded the motion to implement the recommendation. All voted affirmatively. ORGANIZATIONAL BUSINESS Tom Hedges briefly reviewed with the Councilmembers and the audience, the organizational business which takes place at the second meeting in January each year. The items included the following: A. Acting Mayor. Mayor Blomquist appointed Jim Smith as acting Mayor for the City. B. Legal Consultant. Tom Hedges introduced the proposal and reviewed a letter dated January 13, 1986 from Paul Hauge, City Attorney. Councilman Smith moved, Councilman Egan seconded the motion to appoint Paul Hauge and the firm of Hauge, Eide & Keller, P.A. as consulting City Attorneys for 1986. Councilman Ellison suggested a 60 day continuance to acquire requests for proposals for all consulting positions. Councilman Egan stated that RFPs would not be appropriate in all cases, as did Councilman Smith and Mayor Blomquist. After discussion, Ellison moved, Wachter seconded the motion to amend the motion to require requests for proposals for the City Attorney's position in October of 1986 for calendar year 1987. Those in favor were Ellison and Wachter; those against were Blomquist, Egan and Smith. All members then voted in favor of the main motion. C. Fiscal Consultant. Smith moved, Egan seconded the motion to appoint Miller & Schroeder Municipals as fiscal consultants for 1986. All voted yea. D. Engineering Consultant. Egan moved, Wachter seconded the motion to appoint Bonestroo, Rosene, Anderlik & Associates on a non-exclusive consulting engineering basis for the calendar year 1986, with the Bonestroo firm as the primary consultant. All voted yea. E. Planning Consultant. Wachter moved, Ellison seconded the motion to appoint John Voss of Urban Planning and Design as the City's planning consultant for 1986. All members voted yes. F. Park Planning Consultant. Tim Erkkila of Westwood Planning & Engineering Company presented a proposal for consulting services for 1986. There was discussion concerning Mr. Erkkila's leaving Erkkila & Associates and joining Westwood Planning during 1985. Blomquist moved, Smith seconded the motion to continue consideration of the appointment of the Park Planning Consultant until the next regular meeting in February to acquire additional information. All voted in favor. G. Legal Newspaper. Mr. Hedges reviewed with the City Council the bids from Dakota County Tribune and from Minnesota Suburban Newspapers-Eagan Chronicle for legal newspaper for 1986. Wachter moved, Egan seconded the motion to select the Dakota County Tribune as the legal newspaper. All voted in favor. 6 City Council Minutes January 21, 1986 W017 H. City Depositories. Tom Hedges discussed with the City Council a request from 16 financial institutions to act as City Depository. Egan moved, Wachter seconded the motion to designate the listed banks and financial institutions as City Depositories. All voted yea. I. Posting Place. Smith moved, Wachter seconded the motion to designate the lobby of the Eagan Municipal Center and the legal newspaper as the official posting places. All voted in favor. J. City Council Meetings. City Administrator Tom Hedges explained that the City Council has used the first and third Tuesdays of each month at 6:30 p.m. as the designated official City Council meetings in recent years. Smith moved, Egan seconded the motion to designate the first and third Tuesdays at 6:30 p.m. at the Eagan Municipal Center as the designated time and location for regular council meetings during 1986. All voted yea. Wachter then moved, Smith seconded the motion to schedule May 21, 1986 for the second regular meeting in May because of School Board election on the previous Tuesday, and that November 6, 1986 be scheduled as the regular meeting date for the first meeting in November because of elections. All members voted yes. K. Advisory Commission & Committee Appointments. The City Administrator explained the process of interviewing and the appointment of members to the Advisory Commissions and Committees within the City. He stated that a majority vote is necessary to select each member to such Committee or Commission. 1. Advisory Planning Commission. The following persons were elected to the Advisory Planning Commission: Lori Trygg for a three-year term, Doris Wilkins for a three-year term, and Ron Voracek for a three-year term; alternate David Bohne for a one-year term. 2. Advisory Park & Recreation Commission. JoAnne Alt for a three- year term, George Kubik for a three-year term, Robert Porter for a three-year term, and Carolyn Thurston for a three-year term. 3. Cable Television Commission. Rick Bertz for a two-year term, Ronald Jensen for a two-year term, and Alternate Richard Gramling for a one- year term. 4. Assessment Committee. Wachter moved, Egan seconded the motion to reappoint the present members to the Eagan Assessment Commission with the exception that Vic Ellison be selected in place of Mayor Bea Blomquist as the City Council member. All voted in favor. 5. Airport Noise Committee. Councilman Smith moved, Egan seconded the motion to designate seven persons as members of the Airport Noise Committee, with 4-for two years and 3 for one year with a two-year term after the first year, for such time as the Airport Noise Commission continues to function; and further, that the members be selected at the first meeting in February of 1986, with selection to be made at the organizational meeting in January of each year. All voted in favor. 7 City Council Minutes January 21, 1986 00018 6. Economic Development Commission. There was discussion concerning membership on the Economic Development Commission and after review, Blomquist moved, Smith seconded the motion to schedule no specific designated terms because of the criteria for membership on the Commission. All councilmembers voted affirmatively. H. Council Committee Appointments. Mayor Bea Blomquist appointed the following persons to the specified committees: 1. Personnel Committee. Councilman Egan as Chairperson and Councilman Wachter as member. 2. Finance Committee. Councilman Smith as Chairperson and Councilman Egan as member. 3. Public Works Committee. Mayor Blomquist as Chairperson and Councilmember Ellison member. 4. Community Development Public Relations Committee. Upon motion by Blomquist, seconded Egan, it was resolved that the Committee be eliminated because of duplication in functions with the Economic Development Commission. All voted yes. 5. Commission Liaison Members. Blomquist moved, Smith seconded the motion to eliminate City Council members from acting as official liaisons to Commissions and Committees, but to encourage Council members to attend the meetings at their discretion. All members voted yes. 6. Gun Club Lake Watershed Management Commission. Members will be appointed at the first meeting in February 1986. EAGAN LIONS CLUB - GAMBLING LICENSE An application had been submitted for a Class B gambling license for the Eagan Lions Club and notice had been sent to the neighboring property owners of the Diamond T Ranch, concerning the application. There were no objections and upon motion by Smith, seconded Egan, it was resolved that the license be approved as presented for a period of one year. All voted in favor except Wachter who voted no. HARDEES RESTAURANT - CONDITIONAL USE PERMIT An application by Hardees Restaurant for conditional use permit for a drive-through restaurant facility and a pylon sign on Lot 1, Block 1, First Minnehaha Addition, came before the Council. At the request of the applicant, upon motion by Wachter, seconded Egan, it was resolved that the application be continued for consideration until the February 4, 1986 meeting. All voted yea. 8 City Council Minutes January 21, 1986 00019 HONG WONG RESTAURANT - ON-SALE LIQUOR - CONDITIONAL USE PERMIT The application of the owners of the Hong Wong Restaurant in the Cedar Cliff Commercial Center for conditional use permit for on-sale liquor was presented to the Council for its consideration. Dale Runkle and Tom Hedges described the application and indicated there would be no bar but only sit- down restaurant. The Planning Commission recommended approval, subject to certain conditions. Representatives of the applicant were present and requested approval. Steve Darling, a neighboring resident on Scott Trail, objected to the on-sale liquor and stated that the developer had agreed that there would be no on-sale liquor in the Center. Councilman Smith confirmed the understanding as did Councilman Egan that there would be no on-sale liquor in the Cedar Cliff Commercial Center and there was discussion concerning the Eagan City Code relating to the criteria for such establishments. It was noted that the question was that of conditional use permit and not the on-sale license directly. Smith moved, Wachter seconded the motion to deny the application based upon the clear understanding that the developer of the subdivision had indicated to the Council that there would be no on-sale liquor licenses requested or granted in the retail center, and further it appeared that the applicant would not comply with the minimum requirements of the Eagan City Code. All voted yes. Smith moved, Egan seconded the motion to request the staff to research and clarify the minimum criteria for the issuance of on-sale liquor licenses. All voted yea. ALL AMERICAN SELF STORAGE - CONDITIONAL USE PERMIT A request of All American Self Storage for a 72 square foot sign and conditional use permit at its location on Highway #13, south of Shawnee Road, was brought to the Council. Dick Curry was present and Dale Runkle explained the application to the Council. There were no objections and the Advisory Planning Commission recommended approval at its December 19, 1985 regular meeting, subject to certain conditions. Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. That the one-time sign fee of $2.50 per square foot be paid. 2. That all other applicable ordinances be complied with. 3. That the sign not deviate from the specifications presented to staff. All voted yes. 9 City Council Minutes January 21, 1986 VV0;0 NORTHWESTERN BELL - CONDITIONAL USE PERMIT - UTILITY BUILDING Dale Runkle introduced the application brought by Northwestern Bell for a conditional use permit to allow a telephone equipment building in the southeast quarter of Section 17, at the southeast corner of the Robin Lane and Blackhawk Road intersection. Mr. Runkle briefly reviewed the application and Bob Docket, realtor, appeared for the applicant. There were concerns about the location of the proposed facility, and it was suggested that the location be moved further away from Blackhawk Road, to a less obvious location. Blomquist moved, Egan seconded the motion to continue the application to the next regular meeting to review the potential change in location. All voted in favor. NORTHWESTERN BELL - UTILITY BUILDING - CONDITIONAL USE PERMIT Egan moved, Smith seconded the motion to continue the application for conditional use permit for utility building at the northwest corner of the Missouri Synod Lutheran Church property fronting on County Road #30. Egan moved, Smith seconded the motion to continue the application for further study as to location and a presentation of more specific plans. All voted in favor. DEERWOOD ELEMENTARY SCHOOL - PRELIMINARY PLAT & REZONING The application of Independent School District #196 for preliminary plat and rezoning from A (Agricultural) to PF (Public Facility) for proposed Deerwood Elementary School on Deerwood Drive, west of Pilot Knob Road, was next presented to the City Council. The 15.5 acre elementary school application was presented to the Advisory Planning Commission and was recommended for approval, subject to certain conditions. Dale Runkle presented the application and representatives of the School District were present, including Bill Price of Suburban Engineering. There were questions about the storm sewer pipe but no objections to the application. After discussion, Wachter moved, Smith seconded the motion to approve the rezoning from A to PF and further, for preliminary plat approval for the Deerwood Elementary School plat, subject to the following conditions: 1. The City will require written permission for slope easements from the westerly property owner. 2. The City will require authorization or easement from the Williams Brothers Pipeline for grading within the William Brothers easement. 3. If this development cannot obtain the necessary slope easements from the westerly adjacent property, then this development will be responsible for constructing the necessary retaining walls to conform to the grading plans. 4. Project #455 shall be authorized by Council prior to final plat approval. 5. This development shall dedicate a 50 foot half right-of-way for Deerwood Drive. 10 City Council Minutes January 21, 1986 00021 6. This development shall dedicate a 20 foot utility easement over the watermain and hydrant lead constructed within this site. 7. This development shall enter into a Waiver of Hearing to include upgrading of assessments from the single family/agriculture rate to commercial/industrial rate to be included with Project #455. 8. This development shall be responsible for a trailway along Deerwood Drive, the cost of which shall be included with the Waiver for Project #455. 9. This development shall be responsible for lateral benefit from trunk sanitary and trunk storm sewer at the rates in effect at the time of the public hearing for Project #455. 10. This development shall be responsible for all costs associated with watermain, sanitary sewer service, storm sewer, street and parking lot construction within the site. 11. The applicant shall provide a satisfactory landscape plan. 12. Parking shall be allowed only on one side of the access road. 13. Visitor parking stalls shall be 10 by 20 feet in size. 14. This plat for school use shall not be required to make a parks dedication. However, in the event that the school should ever revert to any other use, its subsequent rezoning/use would be subject to a parks dedication requirement in effect at that time. 15. A trailway along Deerwood Drive shall be installed at the responsibility of this development. 16. The proposed playground equipment plans shall be subject to review by the Department of Parks and Recreation staff. All voted yes. SEE PLAT FILE SILVER BELL I - PRELIMINARY PLAT The application of Dallas Development Company for preliminary plat approval of Silver Bell I for high-tech office warehouse facility, consisting of 102,200 square feet at the intersection of Highway #13 and Silver Bell Road was brought to the Council. The Advisory Planning Commission, at its meeting on December 19, 1985, recommended approval subject to certain conditions. Dale Runkle detailed the application and it was noted that all front setbacks, due to the shape of the parcel, are front setbacks on each side of the property. It was recommended that roof top utility units be screened and the ratio of the building not exceed 50% office unless additional proof of parking can be provided, according to Planning Commission recommendations. Bernie Frye of Dallas Development Company was present and briefly described the project to the Council. Councilman Smith moved, Councilman Egan seconded the motion to approve the application, subject to the following conditions: 11 City Council Minutes January 21, 1986 00022 1. The final grading plan shall indicate the proposed grading on parcel 011-02 along with written permission from this property owner to grade on his property. 2. The final grading plan shall also indicate the necessary retaining wall along the T.H. #13 right-of-way. 3. All salvaged pipe materials and appurtenances shall remain the property of the City of Eagan and stockpiled as requested by the City. 4. This development shall be responsible for the relocating and reburying of the 12 inch trunk watermain in accordance with the approved plans by the City of Eagan. 5. This development shall provide a storm sewer outlet to parcel 011-02 and the plans for the storm sewer shall be approved by the City of Eagan. 6. The driveway accesses along the westerly portion of this development shall line up where appropriate, with any accesses along the westerly side of Silver Bell Road. 7. This development shall be responsible for dedicating a 20 foot easement over the 12 inch watermain relocation and a 20 foot easement over the public storm sewer. 8. This development shall be responsible for trunk area storm sewer assessments and lateral benefit from trunk sanitary sewer at the rates in effect at the time of final platting. 9. This developer shall assume all responsibility for costs associated with this development including all trunk watermain relocation and this development's share of public storm sewer if the storm sewer is installed under City Contract. 10. All exterior sides of the building shall provide the same architectural treatment. 11. Proof of permission to grade adjacent property shall be submitted to the City. 12. A variance of 10 feet. for parking shall be provided on the southeast portion. 13. All parking areas shall be bermed and suitably landscaped. 14. The developer shall provide approved roof top screening. 15. This development shall be restricted to a 50/50 office to warehouse use due to the amount of parking facilities provided. All members voted yes. SEE PLAT FILE 12 City Council Minutes January 21, 1986 00023 OAKVIEW BUSINESS CENTER - ADVERTISING SIGN - VARIANCE An application from Opus Corporation to allow two directional business signs for Oakview Business Center at Corporate Center Drive and Avalon Avenue was presented to the Council. The ground signs are two-directional, non- lighted and will measure 4 ft. x 7 ft. x 4 ft. and it was noted that the Sign Ordinance allows only one business sign per building. However, due to the large area of the Opus Business Center, Mr. Runkle explained that the third sign on the site is requested from Eagandale Blvd. to the east. All signs will comply with the City Code and upon motion by Smith, seconded Wachter, it was resolved that the application be approved, subject to compliance with the City Ordinance. All members voted affirmatively. VIENNA WOODS - SPECIAL PERMIT - TEMPORARY SIGN An application submitted by Tillges Construction Co. for special permit for temporary location sign for Tillges Construction, Vienna Woods construction on the Flour Bin property on the south side of Cliff Road and east of Nicols Road, was brought to the Council. Dale Runkle detailed the application briefly, and a representative of Tillges was present. Smith moved, Wachter seconded the motion to approve the application for one year, subject to City Code compliance. All voted yea. WESLEY CONSTRUCTION - SUN CLIFF 5TH ADDITION - VARIANCE An application from Wesley Construction Company for variance for two foot side yard setback for Lot 3, Block 2, Sun Cliff 5th Addition, came before the Council. There was no appearance on behalf of the applicant and Wachter moved, Ellison seconded the motion to continue the application indefinitely. All voted in favor. TOWN CENTRE 70 2ND ADDITION - PRELIMINARY PLAT Dale Runkle explained to the Council that he had contacted representatives of Federal Land Company requesting two additional commercial lots be added to the Town Centre 70 preliminary plan. Originally, at the time of the public hearing, the additional lots were included on the preliminary design, but were withdrawn by the applicant after the hearing. Councilmembers discussed the request noting that the lots had been included on the preliminary plat. Charles Bartholdi appeared for the applicant and stated there were three lots in the preliminary plat for Town Centre 70 2nd Addition and requested approval. Smith moved, Egan seconded the motion to approve the application with a request to include the two lots within the preliminary plat for the 2nd Addition, based upon the fact that they had originally been included and with the understanding that all conditions applicable to the 2nd Addition will be imposed. All voted yes. SEE PLAT FILE 13 City Council Minutes January 21, 1986 00024 TAX INCREMENT FINANCING Councilman Vic Ellison submitted a proposed Resolution opposing tax increment financing in the City. Mayor Blomquist stated that it was her opinion that there is an unwritten policy generally in opposition to tax increment financing and there did not appear to be any circumstances requiring further approval at the present time. Upon motion by Ellison, seconded Wachter, it was resolved that the Council refer the resolution to the Eagan Economic Development Commission for review and comment and return to the City Council for recommendation in the near future. All voted yea. ERIC & DEBORAH SPRING - 4065 LEXINGTON AVE. SOUTH Tom Hedges and Tom Colbert discussed with the City Council a memorandum dated January 13, 1986 submitted by Eric and Deborah Spring of 4065 Lexington Ave. South, who stated damage occurred to their property from a water trunk leak, resulting from Projects #395 and #411. Serious ground collapse and other damage resulted from the watermain leak, according to the Springs, and further investigation will be done by the City staff. COPYRIGHT OF CITY LOGO The Councilmembers discussed the possibility of copyrighting the Eagan city logo and upon motion by Egan, seconded Wachter, it was resolved that the City Attorney prepare an application for copyrighting the logo, if the copyright law permits a Municipality to do so. All members voted yea. DEERWOOD DRIVE - PROJECT #455 Tom Colbert and City Attorney Paul Hauge discussed with the Council the need to acquire authorization to commence condemnation for necessary easements for the Deerwood Drive street and utility Project #455. Upon motion by Egan, seconded Wachter, it was resolved that the City Council be on record authorizing the commencement of the condemnation of the necessary easements for Deerwood Drive and that negotiations take place for the acquisition; further, that staff acquire an appraiser for the purpose of appraising the alleged damage to the adjoining property. All members voted yes. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated January 20, 1986 in the amount of $474,101.58 and the checklist dated January 21, 1986 in the amount of $927,730.54 be approved. All members voted in favor. also December 27,1985 for $16,040.60 and December 31,1985 for $625,016.95. 14 City Council Minutes January 21, 1986 00025 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:00 p.m. All voted yes. PHH City erk 15