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05/05/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 5, 1987 A regular meeting of the Eagan City Council was held on Tuesday, May 5, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. In addition, City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineer Bob Rosene, and City Attorney Paul Hauge were present. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as presented. All voted yes. MINUTES April 21, 1987 - Regular Meeting. Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of the regular meeting of April 21, 1987 be approved. All members voted in favor. April 13, 1987 - Special Meeting. Ellison moved, Wachter seconded the motion to approve the minutes of the special meeting of April 13, 1987. All voted yea. POLICE DEPARTMENT Police Chief Jay Berthe was present and Councilman Wachter asked questions concerning the 45 mile per hour limit on Galaxie Avenue in Apple Valley, and 35 mile per hour limit on Blackhawk Road in Eagan. Chief Berthe indicated that because of the curvatures of Blackhawk Road, south of Cliff Road, the reduction of the speed limit was authorized. VOLUNTEER FIRE DEPARTMENT Fire Chief Ken Southorn appeared. Public Works Director Tom Colbert described to the City Council, proposals made by the Fire Department members for the parking lot improvements on all three existing fire station sites. The lot expansion was requested for the parking and a variance for setback for parking closer than 20 feet from the lot lines was presented for Station No. 1. 1 Council Minutes - May 5, 1987 As to Station No. 2, the proposal was to increase the parking stall depths and to widen the parking area to allow more space to maneuver vehicles which would require a variance from the setback. Concerning Station No. 3, a small additional amount of blacktop was being requested, with the variance also a requirement. The curbing requirement on all three sites is an issue and if the Council requires curbing, the question must be answered as to whether the funding should come from maintenance or as a capital item. The Council requested that the item be placed formally on the May 19, 1987 agenda and that surrounding property owners, particularly near Fire Station No. 1, be noticed concerning the proposed variances. RAX ROAST BEEF - EASEMENT FOR ACCESS DRIVE Mr. Colbert described to the City Council the request submitted by the attorney for Cedarvale Bowl Lanes that the council vacate the existing drainage and utility easement over the private access drive between Cedarvale Blvd. and Rahn Road. All the affected neighboring property owners approved the vacation. Mr. Colbert noted that the easement provides for overflow drainage and presented the question whether the City Council wants to retain the easement. There were concerns expressed by Councilmembers regarding the clean-up of the Country Club area and also the need for two-way traffic around the Country Club Market building. It was determined that the request will be considered at the time of the public hearing regarding the improvements in the general Country Club Market area. No action was taken. CONSENT AGENDA The staff presented the following consent agenda items and recommended that they be approved by the City Council: 1. Personnel Items. a. Seasonal Park Maintenance Workers. The recommendation was made that Kevin Doehling, Peter Ellingson, Steven Martin, Todd Parker and James Schmid be hired as seasonal park maintenance workers. b. Seasonal Park Attendants/Trapp Farm Park. It was recommended that Brent Tait be hired as the seasonal park attendant at Trapp Farm Park. c. Permanent Part-time Clerk Typist - Fire Dept. The recommendation was made to the City Council that it hire Susie Kugel as part-time clerk typist for the Fire Administration Building. 2 Council Minutes - May 5, 1987 _ 2. Plumbers Licenses. A schedule of four plumbers license applications including Dakota Plumbing & Heating, June Plumbing & Heating, Lichliter Brothers Plumbing, and Schulties Plumbing & Heating was recommended to be approved. 3. Camp New Hope - Gambling Application. An application was submitted by Camp New Hope, Inc. for gambling application for pull- tabs at the Eagan Tap, Inc. at 3998 Sibley Memorial Highway. Because part of the application information had not been submitted, staff recommended that the application be denied. 4. Consulting Planning Firm - Fee Schedule. A revised fee scheduled was submitted by John Voss, President of Urban Planning & Design, effective May 1, 1987. It was recommended the fee schedule be approved. 5. Osman Temple - Gambling License. An application was submitted by Lost Spur/Osman Temple Club for renewal license for raffles only. Staff recommended that the application be approved, subject to compliance with City and State requirements. Upon motion by Egan, seconded Smith, it was resolved that the foregoing consent agenda items be approved as presented. All voted yes. BLACKHAWK GLEN - PROJECT #454 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding the final assessment improvements for Project #454 consisting of Blackhawk Glen street and utility improvements. The Public Works Director described the assessments, including nine parcels with assessments over 10 years at 8 1/2% interest under Improvement Contract #86-3. There were no objections and representatives of Sienna Corporation were present with no objections. Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize certification to Dakota County. All members voted affirmatively. NORWEST 2ND ADDITION - UTILITY EASEMENT VACATION A public hearing regarding the vacation of utility easements for Norwest 2nd Addition was convened by the Mayor. Noting that the published notice had not been completed, it was recommended that the hearing be continued. Upon motion by Egan, seconded Wachter, it was resolved that the public hearing be continued to the regular meeting on May 19, 1987 to 7:00 p.m. at the City Municipal Center. All members voted in favor. - 3 Council Minutes - May 5, 1987 ROYAL OAK CIRCLE - PROJECT #432 - ASSESSMENT HEARING The assessment hearing regarding Project #432 consisting of Royal Oak Circle street and utility improvements was convened by the Mayor. After describing the project by Mr. Colbert and there being no objection, upon motion by Wachter, seconded Egan, it was resolved that the hearing be closed, the roll be approved and that the certification to the County be authorized. All members voted yea. WINDTREE 5TH & 6TH ADDITIONS - PROJECT #462 - ASSESSMENT HEARING The next assessment hearing convened by the Mayor concerned Windtree 5.th and 6th Additions street and utility improvements under Project #462. Mr. Colbert - described the assessments and there being no objections, Egan moved, Ellison seconded the motion to close the public hearing, to approve the assessment roll and authorize certification to the Dakota County Auditor. All voted yes. BRITTANY 9TH ADDITION - PROJECT #459 - ASSESSMENT HEARING The assessment hearing regarding Project #459 consisting of street and utility improvements in Brittany 9th Addition next was convened by Mayor Bea Blomquist. Mr. Colbert reviewed the proposed assessments and the benefits that were attributable to the affected lots. Gene Bradford, one of the property owners, was present and stated that no escrow was held for his lot that had recently been closed and requested that the City assist in utilizing the developer's escrow to pay the assessment. Carl Tollefson, the developer, was present and had no objection to the use of the escrow funds for that purpose. Ellison moved, Wachter seconded the motion to close the hearing, to approve the final assessment roll and to authorize certification to the Auditor of Dakota County. All members voted yea. COMPRI HOTEL - LIQUOR LICENSE An application was submitted for on-sale liquor license for the Compri Hotel. Mr. Hedges explained the application and stated that there were concerns by the staff whether the liquor license would be used for lounge/bar facility, rather than restaurant, under the criteria set up by the Eagan City Code and the applicant may not be eligible for the license. It was recommended that consideration of the application be continued. Smith moved, Wachter seconded the motion to continue the -application indefinitely to allow completion of the application and submission of proper information by the applicant and review by City staff, prior to Council consideration. All voted yes. 4 Council Minutes - May 5, 1987 71 MALLARD PARK 3RD ADDITION - WAIVER OF PLAT An application was submitted by Stephen Wensman (Steph-An Homes) for waiver of plat, to shift a property line between Lots 10 and 11, Block 2, of Mallard Park 3rd Addition. Dale Runkle described the application and noted the Advisory Planning Commission recommended denial, indicating no hardship appeared to be present. There was a dispute between the owners regarding the changing of the fence line and Mr. Wensman was present. He stated that he was unable to acquire marketable title to the property for Lot 11 because of the fence encroachment. Councilmembers noted the clear hardship because of the cost involved in moving a substantial fence and Egan moved, Smith seconded the motion to approve the application, subject to compliance with all other City ordinance requirements. All members voted yea. _ R 87-29 POND VIEW ADDITION - REZONING An application of Molinero Associates and others regarding the rezoning of approximately 30 acres from A (Agricultural) and Planned Development, to Commercial and Mixed Residential Planned Development came next to the City Council. The Planning Commission recommended approval at its meeting on April 28, 1987. An updated report submitted by the Planning staff indicated a traffic study that was requested by the City Council had been completed and that the trip generation from the Pond View area would consist of only about 5% of the trips in the general area. Mr. Hedges noted that he had received a call from Tom O'Connell of Fairview Ridges, requesting continuance until May 19, 1987 because of the need for further negotiations between buyers and sellers. Meg Bye appeared on behalf of Fairview Ridges Hospital and stated that the Hospital is still actively recruiting physicians and has acquired a developer but that the Purchase Agreement has not been completed. Egan moved, Wachter seconded the motion to continue the application until the May 19, 1987 regular meeting. All voted yea. BRITTANY 10TH ADDITION - REZONING & PRELIMINARY PLAT The application of Brittany Estates, Inc. for rezoning of 17.5 acres from A (Agricultural) to R-1 and preliminary plat consisting of 31 lots entitled Brittany 10th Addition came to the Council. The applicant was not present and Egan moved, Wachter seconded the motion to continue the application until later in the meeting. All members voted yea. SEE PLAT FILE 5 Council Minutes - May 5, 1987 CLIFF ROAD SHOPPES - PRELIMINARY PLAT An application was submitted by Western Commercial Properties, Inc. for preliminary plat approval of Cliff Road Shoppes consisting of Outlot D, Oak Cliff Addition as part of the Winkler/Jackson Addition on Cliff Road. Dale Runkle, City Planner, described the application on behalf of the City and noted that 375 ten-foot wide parking stalls are required and 377 have been proposed. He recommended that 20 stalls along the west side of the building could cause service problems, and should be either eliminated or moved to the southeastern portion of the site. Tim Menning of Amcon Corporation, the developer, was present and stated that the developer had no objection to the 25 conditions imposed by the City. The Planning Commission recommended approval and Mr. Menning also stated that the developer was agreeable with the Mary, Mother of the Church requests and indicated that he did not expect there would be any problems with any of the neighboring property owners. There was a question whether there was an erosion control plan, and he mentioned that the erosion plan has been prepared and will be complied with. All parking stalls will be 10 feet in width, according to Mr. Menning and the developer could move some parking spaces to the southeast corner. Councilman Smith indicated that he believed that Eagan's parking requirement in small shopping centers may be too high and that proof of parking may be adequate, if additional spaces are needed in the future. He further recommended that the staff review the code requirements. Smith moved, Egan seconded the motion to approve the application for preliminary plat, subject to the following conditions, with the understanding further that staff be directed to review the parking requirements with the possibility of allowing proof of parking for future requirements: 1. That the requests of Mary, Mother of the Church be complied with by the applicant. 2. All standard plat conditions shall be adhered to. 3. A landscape plan shall be submitted with special emphasis on screening the residential property to the south. This plan shall be drawn on a proposed grading plan. A financial guarantee shall be drawn on a proposed grading plan. A financial guarantee shall be included and not released until one year from the installation date. 4. The building coverage shall not exceed the 20% allowed by code. 6 Council Minutes May 5, 1987 5. Building elevations for all sides shall be submitted prior to preliminary plat approval. The materials and colors shall also be selected. 6. All signage shall be subject to the one time sign fee of $2.50 per square foot sign fee. 7. One pylon sign shall be approved with this plat if it meets all code requirements listed in the staff report and subject to the sign fee. 8. All building fan units shall be suitably screened. 9. All trash facilities shall be located within the building and be approved by the Fire Marshall. 10. This plat shall be subject to a parks dedication fee. 11. The development shall be responsible for an 8 foot bituminous trailway along Cliff Road. 12. The development shall obtain the appropriate slope easements from the adjacent property owners along the west and south of the development. 13. The development shall provide adequate storm sewer in the southwest corner of the development to handle the runoff from the Mary, Mother of the Church. 14. A manhole shall be installed at the right-of-way line of Slaters Road where the existing sanitary sewer stub was made. 15. Adequate water main and hydrants shall be the responsibility of this development. 16. A 75 foot half right-of-way for Cliff Road shall be dedicated. 17. This development shall dedicate right-of-access to Dakota County along Cliff Road. 18. Access to the development from Cliff Road shall be a right- in-only maneuver. No exit onto Cliff Road will be allowed. 19. The development shall dedicate a 20 foot slope easement for future Cliff Road upgrading. 7 Council Minutes. May 5, 1987 20. Entrances to the development from Slaters Road shall be 30 feet wide with a 30 foot radius on the curb returns. The entrance road along the southerly portion of the development must meet the maximum allowable 2% approach grade. 21. Appropriate storm sewer easements shall be the responsibility of this development. 22. The developer shall revise his internal storm sewer configuration so that it adequately intercepts the runoff generated by the development prior to being drained onto Slaters Road. 23. The development shall be responsible for its development related assessments at the rates in effect at the time of final plat approval. 24. The development shall be responsible for erosion and sediment control measures in accordance with Dakota County SWCD recommendations. 25. Developer and staff shall work together with the neighbors to the west and south to provide appropriate berming and landscaping. All councilmembers voted affirmatively. Mr. Menning stated there was no intention to install gas pumps at the present time and that there also are no tenants committed for the shopping center. SEE PLAT FILE THOMAS LAKE CENTER - CONDITIONAL USE PERMIT An application of Linvill Properties, Inc. for conditional use permit for seven pylon signs and two ground signs at the proposed Thomas Lake Center on Cliff Road next was brought to the Council. City Planner Dale Runkle described the application and Ralph Linvill was present. Mr. Linvill stated that the applicant would now request only 6 pylon signs, all in compliance with the Code and all within 125 square feet with none higher than 27 feet as required by the City Ordinance. He indicated that the two ground signs were intended as directional signs which would be lighted and each contain 16 square feet maximum. He further noted the individual pylon signs would not be requested until the individual lots are sold and applications submitted. Councilman Ellison mentioned that there are separate lots and each should be allowed a pylon sign that complies with the Ordinance. Councilman Wachter noted that his opinion was that all signs should comply with the 27 foot height requirement. Councilman Egan moved to approve the application for six pylon signs with staff 8 Council Minutes May 5, 1987 approval as to location, according to the recommendations, not to exceed 27 feet measured from the lowest point; further that the two directional signs be approved. Ellison seconded the motion. Councilman Smith argued that there are too many signs for a small parcel and that three would be sufficient, with one along each street. Those in favor were Ellison and Egan; those against were Smith, Wachter and Blomquist. Mayor Blomquist suggested the applicant review and rework the application. Egan then moved, Blomquist seconded the motion to approve three pylon signs for the major streets with the following conditions: 1. That the maximum height would be 27 feet. 2. That the Council will consider each additional application as it is submitted, with the understanding that each will comply with the ordinance and that there be no commitment by the City Council at the present time. 3. All signage will be subject to the one-time sign fee of $2.50. 4. The locations, sizes and numbers shall be determined by the Council. 5. A Signage Agreement shall be signed by both the City and developer. 6. There shall be no variance from City Code. All members voted in favor. BRITTANY 10TH ADDITION - REZONING & PRELIMINARY PLAT The application of Brittany Estates, Inc. for rezoning of 17.5 acres from A (Agricultural) to R-1 (Single Family) and preliminary plat approval of Brittany 10th Addition consisting of 31 single family lots was brought to the Council. Mr. Runkle stated that all lots exceeded the R-1 lot minimum requirements and that access through Sherwood Way is an issue. Carl Tollefson was present for the applicant and noted that one of the concerns of the Planning Commission was traffic control. Staff has indicated that there would be about a 6% increase in traffic on Covington Lane, and it is important to have an additional entrance. The sale prices for the homes will be $200,000.00+. As to park land, he indicated that the seller of the property, John Brown, is not prepared to dedicate land with the 10th Addition, but that a 15 acre neighborhood park has been scheduled to be acquired at the northeast corner of the property. Two lots require 9 Council Minutes - May 5, 1987 f M1 C, front setback variances because of steep drop offs and tree locations, including Lots 30 and 31 of Block 1. Noting the large lots, the Councilmembers had no objection to the variances. In addition, Mr. Tollefson stated that the plan is to eliminate the storm sewer problem in Beacon Hills by the completion of the storm drainage program. Dennis Anderson, an owner at 4796 Beacon Hill Road, was present and stated that he was not opposed to the project, but his primary concerns were safety and the increase in traffic would be dramatic. He made five requests, including the following: 1. That construction vehicles enter through Brittany Estates and that a road block be erected on Covington Lane until all streets are completed within the 10th Addition. 2. That a road access to Cliff Road be provided before further development occurs. 3. That a stop sign be placed in the Beacon Hill development on Covington Lane. .4. That the natural habitat be retained as much as possible. 5. That the residents in the adjacent Beacon Hill neighborhood be notified when further development is proposed on the Brown property. Mr. Colbert stated that all general site grading, utilities and street improvement equipment could be required to avoid Covington Lane but that after completion of the street work, it would be important to open Covington Lane for emergency vehicles, in particular. Staff supports the access to Cliff Road if there is further development on the Brown property. A three-way stop sign may be possible when the street to Cliff Road is connected, but it is premature prior to that time. A traffic study would be necessary at Beacon Hill Road and a petition should be submitted by residents in the Beacon Hill area. After extensive discussion, Wachter moved, Egan seconded the motion to approve the application for rezoning. All voted yea. Egan then moved, Ellison seconded the motion to approve the application for preliminary plat, according to the following conditions: 1. This development shall comply with all applicable standard engineering conditions. 2. All utility and drainage easement shall be dedicated or acquired as referenced in this staff report. 10 Council Minutes - May 5, 1987 3. Right-of-way shall be dedicated for Cliff Road as required by Dakota County. 4. The City shall approve all phasing plans. 5. This development shall dedicate and/or acquire ponding and utility easements for Pond LP-6 along with a proposed grading plan to incorporate 99.9 acre/feet of storage volume. 6. This development shall dedicate and/or acquire ponding and utility easements for Pond LP-57 as required by City staff. 7. This development shall be responsible for all trunk area assessments and lateral benefit from trunk assessments concerning this proposed development at the rates in effect at the time of final platting. 8. All costs of internal public improvements within this development shall be the sole responsibility of this development. 9. The developer shall dedicate or acquire all of the easements across the Brown property deemed necessary by staff. 10. A proposed 16 inch trunk water main shall be looped through this proposed plat and if it is proposed to be constructed publicly, it shall be petitioned for and ordered by the City Council prior to final plat approval. 11. All standard platting conditions shall be adhered to. 12. A variance for the cul-de-sac in excess of 500 feet shall be granted. 13. Overland drainage swales shall be provided along the side lot lines between Lots 29 - 30, Lots 19 - 20, and along the proposed storm sewer inlet to Pond LP-6. The outlot of the drainage swales shall be no higher than 2 feet above the low point of the'street. 14. The developer shall exercise special care so as to retain the heavily wooded topography of this development. 15. A cash dedication shall be required pursuant to Park Commission review. 16. Staff will work with the owner of 1555 Sherwood Way in regard to the storm sewer line routes. All members voted yea. Smith moved, Wachter seconded the motion to approve the 10 foot variance from front setback for Lots 30 and 31, Block 1, as requested. All members voted affirmatively. SEE PLAT FILE 11 Council Minutes May 5, 1987 LAURENT ADDITION - REZONING & PRELIMINARY PLAT An application of Armand Laurent for rezoning of approximately 4.5 acres from A (Agricultural) to R-1 and preliminary plat for two single family lots entitled Laurent Addition, and a variance request for Lot 1, to allow a 40 foot frontage instead of 50 foot frontage as required was next brought to the Council. The Advisory Planning Commission recommended that the rezoning and plat application be approved, but the variance application be denied, noting no hardship. Mr. Laurent was present and there were no objections to the application, but he did request approval of the 40 foot frontage. Egan moved, Wachter seconded the motion to approve the application for rezoning. All voted yea. Egan then moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. This development shall install sanitary sewer and water services to the newly created lot or accurate record plans shall be prepared and submitted to the City verifying the existence and locations of sewer and water services for each of the two lots. 3. This development shall accept its additional trunk area storm sewer assessment obligation for the entire area created by the newly created lot. 4. A variance from the 50 foot access requirement shall not be approved. All voted yes. SEE PLAT FILE EVELAND ADDITION - REZONING & PRELIMINARY PLAT The application of Burt Eveland for rezoning of 4.5 acres from A (Agricultural) to 1.5 acres of Public Facilities and 3 acres of R-1 and in addition, the Eveland Addition preliminary plat, came to the City Council for its consideration. Mr. Hedges introduced Burt Eveland and indicated that successful negotiations have taken place regarding the acquisition of the fire station site at the southeast corner of Dodd and Diffley Roads. Mr. Runkle described the application and noted that possible access may be acquired from Diffley Road which would require a variance from the County requirements, noting however, the fire station emergency access. There were no objections. Wachter moved, Egan seconded the motion to approve the comprehensive guide revision, with the understanding that there will be further discussion regarding certain of the Purchase Agreement conditions. All voted yes. 12 Council Minutes May 5, 1987 70 Egan then moved, Wachter seconded the motion to approve the application for rezoning. All voted in favor. Ellison moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. This plat shall be subject to the Dakota County Plat Commission's review and comment because it abuts Diffley Road on the north. 2. The Comprehensive Guide Plan Amendment shall be required for the public facilities use. 3. All other standard plat conditions shall be adhered to. 4. Park dedication for newly created lots shall be required. 5. The development shall be responsible for providing water and sanitary sewer service to all lots in the plat. 6. The property shall be responsible for the proposed assessments at the rates in effect at the time of final plat approval. 7. An additional 10 foot utility easement shall be dedicated along the south line of Lot 1. 8. A 40 foot half right-of-way shall be dedicated for Dodd Road. 9. The Public Facilities designation shall be for a fire station. All voted in favor. SEE PLAT FILE R & B ADDITION - REZONING, COMPREHENSIVE GUIDE AMENDMENT & PRELIMINARY PLAT _ The application of LeRoy Rother and Gerald Braun for rezoning of 2.08 acres from R-4 to CSC, Comprehensive Guide Plan amendment and preliminary plat approval of the R & B Addition, was brought to the Council. The Advisory Planning Commission recommended approval, subject to certain conditions and the applicants requested a continuance to the May 19, 1987 meeting to consider the parking issues. Smith moved, Ellison seconded the motion to approve the request for continuance. All voted yes. 13 Council Minutes - May 5, 1987 BLUE RIDGE ADDITION - PRELIMINARY PLAT The application of L. A. Laukka Development for preliminary plat approval of Blue Ridge Addition consisting of Outlots E and F of the Lone Oak Addition as a 9.8 acre lot for an office/showroom and two outlots containing 37.25 acres was next brought to the Council. A request was made for continuance of the application to allow additional traffic study. Wachter moved, Egan seconded the motion to continue the application until the May 19, 1987 regular meeting. All voted yes. It was noted that Northwest Airlines had some traffic concerns due to changes in the land use and intensity. SEE PLAT FILE BRIDLE RIDGE AND STONE BRIDGE - EAW The 30 day review and comment period for the Bridle Ridge and Stone Bridge environmental assessment worksheets was concluded on April 8, 1987 and no negative comments were made. Mr. Runkle recommended no negative declaration by the Council. Smith moved, Egan seconded the motion to approve and authorize the recommendation. All voted yea. STAFFORD PLACE - EAW The EAW concerning Stafford Place, north of County Road #30 and east of Northview Elementary School, was completed on April 22, 1987 with no negative impacts. Egan moved, Wachter seconded the motion to approve the Stafford Place EAW as presented. All voted yes. Mr. Runkle and Mr. Hedges briefly described the EAW process regarding the subdivision. GOPHER SMELTING COMPANY - BUILDING PERMIT An application of Gopher Smelting Company to construct a 10,000 square foot waste water treatment facility adjacent to its existing plant located at the intersection of Yankee Doodle Road and Highway #149 came to the Council for its review and consideration.- Gopher Smelting also requested a building permit for a 4,000 square foot maintenance building that would replace the existing 2,400 square foot building. Mr. Runkle briefly explained the application and distributed a drawing with proposed future platting of the property. A representative of Gopher Smelting was present and explained that the Metro Waste Control Commission had granted a permit for waste water treatment. The need is to relocate the building because of the Williams Brothers pipeline under the plant and he indicated that the parties were not able to agree on the relocation of the pipeline. 14 Council Minutes - May 5, 1987 _ Ellison moved, Egan seconded the motion to approve the application, subject to compliance with all State and City Ordinance Code requirements. Councilman Smith had a concern as to whether their storm water is being permitted to enter the sanitary sewer system and the Council requested the staff review the requirements regarding storm water runoff and requested that the applicant be required to comply with City, State and Federal regulations. All members voted yes. BRIDLE RIDGE ADDITION - REVISED SITE PLAN A request of Sienna Corporation for revised site plan approval for Bridle Ridge Addition including a cluster plan, was brought to the Council. Noting the applicant was not present, Egan moved,' Wachter seconded the motion to continue the application until representatives were present later in the meeting. All members voted aye. OAKWOOD HEIGHTS 2ND ADDITION - WAIVER OF PLAT An application of Andrew Chase for waiver of plat for duplex lot split for Lots 1 and 2, Block 2, Oakwood Heights 2nd Addition was submitted to the Council. After a brief introduction by Mr. Hedges, Egan moved, Ellison seconded the motion to approve the application for waiver of plat as submitted, subject to compliance with the City requirements. All voted yes. R 87-30 PUBLIC IMPROVEMENT CONTRACTS The following public improvement contracts were submitted and recommended to be approved: 1. Contract #87-12 - Lexington Square 6th Addition = Northview Park Road. It was recommended that the bids for Contract #87-12 consisting of Lexington Square 6th Addition and Northview Park Road streets and utility improvements, be received but that the a-ward of the Contract be continued to until the May 19, 1987 meeting. 2. Eagan Hills Farm - Country Hollow - Contract #87-14. The bids were received on May 1, 1987 covering Contract #87-14 relating to the trunk sanitary lift station for the Eagan Hills Farm/Country Hollow area. It was recommended that the bids be received and that the contract be awarded to the low bidder, Usemco, Inc., in the sum of $74,175.00. 15 Council Minutes May 5, 1987 3. Wells No. 8 and No. 9 - Contract #85-26. It was recommended to the Council that Parts A and B covering Change Order No. 2 to Contract #85-26 relating to Wells No. 8 and No. 9 in the amount of $6,170.00 be approved. 4. O'Neil Pond - Contract #86-7. Change Order to Contract #86-7 consisting of the O'Neil Pond trunk storm sewer improvements was submitted and it was recommended that the Change Order in the amount of $9,075.00 be approved. 5. Blackhawk/Galaxie Avenues - Traffic Signals Installation - County Contract #32-18. The staff recommended that Signal Agreement No. 87-5 for County Contract #32-18 covering the traffic signal installation in Cliff Road at Blackhawk/Galaxie Avenue be approved. 6. Maintenance Building Addition - Contract #85-21. Change Order No. 7 was submitted and recommended to be approved covering remodeling of the maintenance building addition under Contract #85- 21 in the amount of $7,304.00. Wachter moved, Smith seconded the motion to approve the foregoing recommendations and authorize their implementation. Councilman Wachter stressed the importance of the installation of traffic signals at Cliff and Blackhawk Roads. All councilmembers voted yes. EAGAN HILLS FARM - COUNTRY HOLLOW - CONTRACT #87-14 Mr. Colbert then, after having reviewed the bid information regarding Contract #87-14, noted that the low bidder Usemco, Inc. did not meet the minimum specifications provided by the City, including both tank and the pumps. He recommended, on the basis of the staff and engineering review, that the low bid not be accepted and that the second low bid of Fadden Pump of $94,580.00, be awarded the contract. Because of the seriousness in the specifications not being met, and the recommendation of the staff and the'consulting engineer, Wachter moved, Egan seconded the motion to reconsider the motion regarding Contract #87-14. All members voted yes. Egan then moved, Wachter seconded the motion to approve the bid of Fadden Pump in the sum of $94,580.00 for Contract #87-14, based upon the information described above and the recommendations. All councilmembers voted affirmatively. SAFARI BOULEVARD - NAME CHANGE With the replatting-of Thomas Lake retail center, the Council requested the existing street name of Safari Blvd. be changed to avoid confusion with the Safari Estates development located to the southwest. The developer requested Thomas Lake Curve and staff recommended Beacon Hill Road. Ralph Linvill, the developer of the 16 Council Minutes May 5, 1987 Thomas Lake Center, was present, and suggested that the word Thomas be included in the name to be consistent with the Thomas Lake Center. Smith moved, Wachter seconded the motion to authorize the revision of the name to Thomas Center Drive. All members voted yes. EAGAN AIRPORT NOISE COMMITTEE A recommendation was made by the Eagan Airport Noise Committee that the Committee's name be changed to the Eagan Airport Relations Committee to reduce the negative connotation of noise and recognize the economic interest as an advisory body to the City Council. Egan moved, Wachter seconded the motion to approve and implement the recommendation of the name change to Eagan Airport Relations Committee.. All voted yes. PINECREST ADDITION - FINAL PLAT An application had been received for approval of the final plat of Pinecrest Addition located south of Crestridge Lane on the north side of Fish Lake. According to staff, all conditions placed on the preliminary plat approved by Council on December 16, 1986, have been satisfactorily complied with and the staff recommended approval. Ellison moved, Egan seconded the motion to approve the final plat application, subject to compliance with all City requirements. All members were in favor. SEE PLAT FILE R 87-31 BRIDLE RIDGE ADDITION - REVISED SITE PLAN Tom Hedges introduced a request of Sienna Corporation for Council approval of the revised site plan for the Bridle Ridge Addition. The revised drawing addresses a cluster plan that was briefly shown to the City Council at the April 21, 1987 regular meeting. Revisions have again been made to reduce the number of sub-standard lot sizes, or widths, than were approved in the original plan. Dale Runkle explained the revisions, noting there would be 14.9 acres of private outlot with an increase in cul-de- sacs from 9 to 15. The outlots would be owned and maintained by a homeowner's association. David Sellergren and Rod Hardy were present. The Advisory Planning Commission did not formally act on the revision because of a lack of quorum, due to one member abstaining. Mr. Sellergren mentioned the attempt was to be creative with more cul-de-sacs, more common open space and conservation easements over the back of some of the lots. Homeowners association controls will be implemented and easements will be provided along the rear of certain lots in order that the homeowners association can control the landscaping along Elrene Road. Councilman Egan questioned the number of variances required for the lengths of cul-de-sacs and it appeared that several cul-de-sacs 17 Council Minutes - May 5, 1987 will require variances from the 500 foot maximum length. Councilman Egan also had concerns about the probability at a later time that requests from owners may be made to subdivide the common area. Mr. Hardy suggested the City be granted the right to veto the subdivision of the common area. Councilman Wachter was concerned about the excessive number of cul-de-sacs. Mr. Egan noted the intent is to be creative, which would imply some deviation from minimum requirements. Welfare and safety issues on the cul-de-sacs is an issue, according to Mr. Hedges. Councilman Smith recommended two connections to the property to the west, according to the earlier council concern. He also recommended connecting two sets of cul-de-sacs in the northeast area. Mr. Hardy stated that there is very rough terrain and that certain cul-de-sacs could not be connected. After extended discussion, Blomquist moved, Egan seconded the motion to approve the cluster plan in concept only, with an understanding that an agreement be entered into between the developer and the City relating to the specific concerns of the City, specifically relating to the common area. There was discussion concerning a contribution from the developer, because of the additional street maintenance expected due to the increase in the number of cul-de-sacs and City Administrator Hedges expressed his concerns regarding the loss in revenue expected as a result of 1987 legislation. He discussed the potential for reimbursement for services from developers due to such expected loss in revenue to municipalities. Councilman Smith moved, Egan seconded the motion to amend the motion to delete any reference to a possible contribution or gift from the developer, other than required by City ordinances and policies. All members voted yes to the amendment. Smith then moved, Wachter seconded the motion to amend the motion to provide two street connections to the west, similar to the original approved plan, exclusive of the connection from Wescott to the undeveloped land on the west. Those in favor were Smith, Wachter add Ellison; those against were Blomquist and Egan. Smith then moved to require the developer to connect the two northerly cul-de-sacs. There was no second and the amendment died. Councilman Ellison had questions about the use of the open space and Mr. Hardy's answer was that there is a plan for trails for active walking area and that the developer will submit a plan for the development. There was a suggestion for private maintenance of the cul-de-sacs, but there was general opposition to it. On the main motion, Blomquist, Egan and Ellison voted yes; Smith and Wachter voted no. The Council then directed that a public hearing be scheduled before the Advisory Planning Commission at its regular meeting in order for the Planning Commission to adequately review the proposal. 18 Council Minutes May 5, 1987 PARK & RECREATION - CONTRACT #87-13 Bids were opened on April 30, 1987 to consider the construction of certain park shelter buildings and it was recommended that the contract be awarded to the low bidder, M. G. Astleford Construction, in the sum of $220,149.00, including an add-alternate for high density polyurethane bathroom partitions. Egan moved, Smith seconded the motion to approve the award of the contract to M. G. Astleford Construction Co. for Contract #87-13. All members voted yes. METRO EAST COALITION Mr. Hedges stated that during the fall of 1986, the Economic Development Commission studied the city's membership in the Metro East Coalition and recommended that the City not spend $2,500.00 to $3,000.00 for such a membership. The Commission has now, however, changed its recommendation and recommended the City join the coalition with a revised membership of $500.00 for one year. The $500.00 fee would qualify for non-voting member, and $2,500.00 would provide for a full member to the board. Smith moved, Egan seconded the motion to approve the membership at the $500.00 level. It was understood that the Chamber of Commerce was also involved and was intended to assist in the marketing of the economic development program. All members voted yes except Ellison who voted no, stating that the City is growing so quickly, the benefit of membership would run to the Coalition and not the City of Eagan, and therefore the Council should not be spending the money, noting the City is not the benefiting party. REFUNDING BOND ISSUES The Finance Committee met on April 30, 1987 and reviewed the status of refunding of certain bond issues recently evaluated by the Director of Finance and the City's fiscal consultant, Miller & Schroeder Financials, Inc. It was recommended that the -market be watched until the May 19, 1987 regular council meeting and a decision be made at that time whether to authorize a bond sale and call for a 45 day window period allowing the City to observe the market and finalize the bond sale at a time when interest rates are favorable. No specific action was taken. FINANCE DIRECTOR/ADVANCE GOVERNMENT FINANCE INSTITUTE The City Administrator recommended that the Council authorize Finance Director Gene VanOverbeke to attend, based upon an invitation, the Advance Government Finance Institute held from July 26 through July 31, at the University of California. The cost would be $1,100.00 plus air fare and there are sufficient funds in the budget. Wachter moved, Egan seconded the motion to approve the authorization, noting the special recognition given to the Finance Director by receipt of the invitation. All voted in favor. 19 Council Minutes May 5, 1987 CITY COUNCIL MEETING - MAY 19, 1987 It was noted that initially the City had been given information that the School Board Election would not be held on May 19, 1987, therefore, the City Council meeting was not changed. It has now been determined that the election will be held on May 19, and the Council decided that it would not change the City Council meeting date but that action on official agenda items would be taken after 8:00 p.m. at that meeting. SOLICITATION ORDINANCE City Administrator Tom Hedges and City Attorney Paul Hauge discussed with the City Council, certain objections to the City Council's policy and ordinances regarding solicitation and sales of personal articles along public rights-of-way. The City Council determined that it would allow sales on private property but not within streets rights-of-way, particularly where there are safety issues involved. The City Attorney was directed to study the issue and make recommendations for revisions to the City Ordinances. NORWEST 3RD ADDITION - SHERMAN COURT - DRIVEWAY ACCESS At the February 17, 1987 council meeting, the City Council gave preliminary plat approval to Norwest 3rd Addition in the northeast quadrant of Pilot Knob and Yankee Doodle Roads with the condition that a secondary driveway access across Lots 5 and 6, Block 3, Effress Addition to the north be provided. Mr. Gene Happe has been unable to negotiate the acquisition of the access easement from Cereal Chemists and requested direction from the City Council. Mr. Colbert stated that MnDOT owns the land on the east side of the proposed street connection and that the developer is under a very tight construction schedule and requested immediate action by the Council. There was discussion concerning the ability to condemn for private right-of-way and whether the public necessity requirement can be fulfilled. Councilman Egan moved, Councilman Wachter seconded the motion to authorize the staff and the City Attorney's office to acquire the necessary street and utility easements through direct negotiation or through condemnation if it is possible to do so, with the understanding, however, that the developer will be required to pay all costs of acquisition of the easements. All members voted yes. 20 Council Minutes May 5, 1987 PILOT KNOB ROAD IMPROVEMENTS Tom Colbert described to the City Council an application submitted for fill in lakes along the Pilot Knob Road improvement project. Certain fill work is required in order to complete the street reconstruction and it was determined that the Thomas Lake delta restoration would be required and also that fill would be installed in Fish Lake as well as in the Deerwood wetland area. GARY DAVIS - RESIGNATION Upon recommendation of the staff, and upon motion by Wachter, seconded Egan, it was resolved that the resignation of Gary Davis as a City employee, be approved. All voted yes. CITY LAWSUIT UPDATE - O'NEIL VS. CITY City Attorney Paul Hauge described to the City Council lawsuits, including the O'Neil vs. City of Eagan action. A deposition has been taken of the Mayor and there was further discussion concerning proposed settlement of the action. BIETER COMPANY VS. CITY OF EAGAN Mr. Hauge explained that five depositions have been taken to date, two of which were scheduled by the City and five additional depositions have now been scheduled by the Bieter Company. Further discovery will be taking place, including depositions scheduled by the City within the next two weeks. CAPONI VS. CITY OF EAGAN A letter from Assistant City Attorney Kevin W. Eidd regarding the judgment in the inverse condemnation action in favor of Anthony Caponi was reviewed. It was noted that the decision, was made by the Court of appeals to change the damage award from a civil action to inverse conversation. There was discussion concerning a claim for recovery from Home Insurance Company and from the City consulting engineering firm and it was determined that the City Council would not pursue a claim for reimbursement in either case. After discussion, upon motion by Blomquist, seconded Egan, it was resolved that the City Council be on record authorizing payment according to the computation submitted through the attorney for Mr. Caponi and the City Attorney's office and further, that the City staff make a recommendation to the City Council at its May 19, 1987 meeting concerning the source of the funds, including a reduction in the payment based upon the existing assessments against the Caponi property. All councilmembers voted affirmatively. 21 Council Minutes - May 5, 1987 CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated May 5, 1987 in the amount of $ 494,583.14 All voted yea. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting at 12:30 a.m. All voted in favor. PHH Cit Jerk 22