01/25/1983 - City Council RegularMINUTES OF A REGULAR 14EUING OF THE ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
JANUARY 25, 1983
A regular meeting of the Eagan Advisory Planning Commission was held on
Tuesday, January 25, 1983 at the Eagan City Hall commencing at 7100 p.m.
Those present were Chairman Hall, Members Wilkins, Wold, Turnham, Bohne and
Mulrooney. Absent were McCrea and Krob. Also present were Public Works
Director Colbert, Assistant City Engineer Hefti, City Administrator Hedges,
City Planner Runkle, Intern Mike Johnson, and City Attorney Hauge.
AGENDA
Wilkins moved, Turnham seconded the motion to approve the Agenda as
amended. All voted yes.
~ Bohne moved, Wold seconded the motion to approve the Minutes of the last
'•'' regular meeting of the Advisory Planning Commission of January 11, 1983. All
voted yea.
ELECTION OF OFFICERS
City Administrator Tom Hedges reviewed with the Planning Commission
members and audience present the general method of electing officers for the
Planning Commission for the following year. The following positions were
considered:
1. Chairperson. Bohne moved, Mulrooney seconded the motion to nominate
Charles Hall as Chairman for 1983. All voted in favor.
2. Vice -Chairperson. Turnham moved, Wilkins seconded the motion to
nominate Mike Wold as Vice -Chairperson for 1983. All voted in favor.
3. Secretary. Bohne moved, Wold seconded the motion to nominate
Wilkins as Secretary for the calendar year 1983. All voted in favor.
4. Assessment Committee. David Bohne was appointed as the Planning
Commission's representative to the Eagan Assessment Committee for 1983.
5. Cable T.V. and Height Limitation Committee. It was noted that both
of those committees had, in effect, accomplished their intended purpose and
that no appointments would be necessary.
1
APC Minutes
January 25, 1983
Mike Wold, Doris Wilkins, David Bohne and Garrett Mulrooney have been
re-elected by the City Council members to serve on the Planning Commission.
Wold, Wilkins and Bohne on three-year terms and Mulrooney as an alternate on
a one-year term.
EAGAN CITY CODE
Mr. Hedges reviewed the new Eagan City Code with the members present and
each of the Planning Commission members received a copy of the Code that has
been prepared through staff assistance with Municipal Ordinance Codifiers,
Inc.
RELIANCE BUILDERS - FISH LAKE ADDITION - PRELIMINARY PLAT
The continued public hearing on the application of Reliance Builders and
Don Rognrud for preliminary plat approval of Fish Lake Addition consisting of
approximately 1.28 acres located on Outlot B, Pilot Knob Heights 4th Addition
was considered by the Planning Commission. The Chairman briefly introduced
the application. Bruce Malkerson, attorney, appeared on behalf of neighboring
property owners and made a verbal statement to the Planning Commission. A
large number of neighboring property owners were also present as was Dan
Rognrud on behalf of the applicant. Mr..Malkerson reviewed his letter dated
January 20, 1983 addressed to the City and explained in detail his position on
behalf of the adjacent property owners who are opposing development of town-
houses on Outlot B. He stated that Exhibit E, to the Planned Development
Agreement is only the developer's intent to develop and that one paragraph in
the Planned Development Agreement indicates that Outlot B was intended to be
dedicated to the City. He therefore concluded that the dedication has already
taken place and that the City needs only to bring an action to clear title to
determine its rights to the property. He further stated that many property
owners had purchased their lots in Timbershore and single family homes adja-
cent or near Outlot B in reliance upon the fact that it would remain park,
that the land has been maintained by the City for park purposes in recent
years and that the 1981 zoning map indicated it was zoned for park purposes.
Dale Nathan, attorney and a neighboring property owner, also stated that his
opinion was that the buyer was on notice when Outlot B was purchased in 1978
and that additional checking should have been made of the City records to
determine that it was intended for park purposes.
Dan Rognrud stated that the current fee owner, Mr. Steimer, supposedly
talked with staff at the City Hall and asked about the zoning and was told it
was zoned for townhouse purposes and he allegedly had talked with staff per-
sons on at least two different occasions. He stated the assessments and taxes
have been paid on the property and that he has talked with Ralph Wohlers, one
of the developers of the development, who indicated the parcel was always
intended for townhouse purposes.
2
APC Minutes
January 25, 1983
The Planning Commission also reviewed the letter from City Attorney Paul
Hauge dated December 29, 1982 and Dale Runkle went through in detail the
exhibits reflecting the history since 1970, including the 1970 Master Site
Plan. Mr. Runkle indicated that he had contacted former Park Director Barbara
Schmidt and former Planning Commission Chairman Joe Harrison, each of whom
indicated that they could not recollect whether the parcel was intended for
park use. Member Mulrooney asked how New Horizon Homes was involved and
Nathan stated that New Horizons, the developer of the Timbershore townhouse
area, had a model in their model home, showing the parcel as open space, and
that salesmen from New Horizon made representations of that nature.
It was noted that the 1981 change in the zoning map was simply an admini-
strative change and further, that all assessments levied against the property
are simply the standard assessments on an area basis. There will be future
assessments against the property. for lateral benefits, including street im-
provements, if developed. Member Mulrooney stated that the issues he felt
ought to be resolved included the New Horizon Homes representations in the
early stages, secondly, whether there may be an error in paragraph 10 of the
Planned Development Agreement, regarding Outlot B, to be dedicated as park
land; thirdly, whether an "outlot" is a designation intended for development
at some time in the future. Chairman Hall indicated the buyer apparently
bought with the intention to develop, but possibly the City ought to consider
the acquisition of the parcel for park purposes. Wilkins then moved that the
preliminary plat application be forwarded to the City Council without action
with the recommendation that prior to review by the City Council, the staff
contact New Horizons Homes and confirm on what basis they made the alleged
representations concerning the use of Outlot B, and further, that the staff
investigate the feasibililty of acquisition of the property for park purposes;
further, that in consideration of the development in the area, the Planning
Commission recommend that the land be acquired as park land, and that the
Council determine whether it is currently designated for park land or whether
it ought to be acquired for park purposes; further, that the application be
returned to the Advisory Planning Commission if the Council determines that it
will not be used for park use. After discussion, the motion was withdrawn and
Hall moved, Turnham seconded the motion to recommend denial of the application
for preliminary plat for reasons including those cited above, and the follow-
ing:
1. That the status of the site, whether for park purposes, is uncer-
tain.
2. That the Park Committee has recommended that the land be acquired
for park purposes.
3. That there are certain legal questions that have been raised as to
whether the Advisory Planning Commission can act on a plat because of the
questions of ownership that have arisen under the Planned Development, in-
cluding the Planned Development Agreement.
3
.1
APC Minutes
January 25, 1983
1]
In addition, the Commission members discussed the strong view of the area
residents that the land should be acquired and used for park purposes and
further, that the area has need for park land. All members voted in favor
except Mulrooney who voted no, indicating the Advisory Planning Commission is
not adequately informed with information sufficient to recommend denial.
OAR CHASE 5TH ADDITION - PRELDUNARY PLAT
The public hearing concerning the application of Houston Construction,
Inc. and John Houston, for preliminary plat approval of Oak Chase 5th Addition
was convened by Chairman Hall. The preliminary plat would consist of 12.58
acres located on Lot 1 and 2, Block 3, Oak Chase lst Addition and part of the
West 1/2 of the SE 1/4 of Section 27. Presently, the parcel is zoned E
(Estate), and allows a minimum single family lot size of 20,000 square feet.
This would include the last phase of the overall Oak Chase Additions, with the
first phase containing 8 lots, and the second phase 12 lots. John Houston
was present as was Jim Frisbee of Timberline Development Corporation, the
original developer of Oak Chase Addition. Mr. Frisbee stated the Addition was
started in 1970. Mr. Houston stated he has discussed the project with Dakota
County and he agrees with all the staff recommendations except the trunk storm
sewer assessment proposal. James Frisbee objected to the storm sewer trunk
assessment, indicating that there is no additional benefit in that trunk storm
sewer had been installed at an earlier time. It was noted, however, by the
staff that laterals have been installed in certain portions of Oak Chase
Addition, but in the event that there is benefit to the new subdivision, that
the policy is to levy the assessments at the time of the approval of the final
plat and Mr. Colbert stated that assessments have not been levied against the
proposed addition. Mr. Frisbee also suggested that the assessment be levied
at the rates when the development originally occurred. Mr. Houston stated he
talked with Ray Ostertag, the owner to the east, who indicated he had no
objection to the plat and will allow temporary turn -around for a cul-de-sac on
the Ostertag property if Mr. Houston develops the second phase prior to the
Ostertag property being developed. There was a question as to access from
Cliff Road to the Ostertag property, but it appeared there would be access
only from Oak Chase Addition and from the east. After discussion, Bohne
moved, Wilkins seconded the motion to recommend approval of the application,
subject to the following conditions:
1. The preliminary plat shall be reviewed by the Dakota County Plat
Commission because the plat abuts County rights-of-way.
2. Detailed grading, drainage and erosion control plans shall be re-
quired prior to the submission of the final plat.
Code.
3. All buildings shall conform with Section 11.20 of the Municipal
4. All other applicable ordinances shall be met.
4
APC Minutes
January 25, 1983
5. A 75 foot half right-of-way for Cliff Road (CSAH 32) shall be
dedicated as a part of this plat.
6. A ten foot utility, telephone and electrical easement shall be
included along all publicly dedicated rights-of-way, with a five foot utility
easement along exterior lot lines and a ten foot utility and drainage easement
centered over all interior lot lines.
7. This development shall accept its trunk area storm sewer and trunk
area water assessments as determined from the assessment rates in effect at
the time of final plat approval, unless verified to the contrary to the City's
satisfaction.
8. If installed privately, the plans and specifications for the con-
struction of water and sewer services for this development shall be approved
by the Engineering Department.
9. All costs for installation of water and sewer services shall be the
sole responsibility of this development.
10. A 30 foot setback shall be required on the north lot line and east
lot line of Lot 8 in order to,protect the alignment of the future street.
All voted in favor. Mr. Houston stated that he would plat the entire
street if the staff recommended such platting.
SOUTH DELAWARE HILLS - PLANNED DEVELOPMENT DRAWINGS
Mr. Runkle submitted the exhibit for South Delaware Hills Planned
Development and recommended approval of the 1982 planned development review.
Wold moved, Wilkins seconded the motion, all voted in favor, to approve the
annual review for the South Delaware Hills Planned Development.
Upon motion by Wilkins, seconded Mulrooney, all voting in favor, it was
resolved that the meeting adjourn at 9:50 p.m.
'Secretary
5
PHH
MINUTES OF A REGULAR 14EUING OF THE ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
JANUARY 25, 1983
A regular meeting of the Eagan Advisory Planning Commission was held on
Tuesday, January 25, 1983 at the Eagan City Hall commencing at 7100 p.m.
Those present were Chairman Hall, Members Wilkins, Wold, Turnham, Bohne and
Mulrooney. Absent were McCrea and Krob. Also present were Public Works
Director Colbert, Assistant City Engineer Hefti, City Administrator Hedges,
City Planner Runkle, Intern Mike Johnson, and City Attorney Hauge.
AGENDA
Wilkins moved, Turnham seconded the motion to approve the Agenda as
amended. All voted yes.
~ Bohne moved, Wold seconded the motion to approve the Minutes of the last
'•'' regular meeting of the Advisory Planning Commission of January 11, 1983. All
voted yea.
ELECTION OF OFFICERS
City Administrator Tom Hedges reviewed with the Planning Commission
members and audience present the general method of electing officers for the
Planning Commission for the following year. The following positions were
considered:
1. Chairperson. Bohne moved, Mulrooney seconded the motion to nominate
Charles Hall as Chairman for 1983. All voted in favor.
2. Vice -Chairperson. Turnham moved, Wilkins seconded the motion to
nominate Mike Wold as Vice -Chairperson for 1983. All voted in favor.
3. Secretary. Bohne moved, Wold seconded the motion to nominate
Wilkins as Secretary for the calendar year 1983. All voted in favor.
4. Assessment Committee. David Bohne was appointed as the Planning
Commission's representative to the Eagan Assessment Committee for 1983.
5. Cable T.V. and Height Limitation Committee. It was noted that both
of those committees had, in effect, accomplished their intended purpose and
that no appointments would be necessary.
1
APC Minutes
January 25, 1983
Mike Wold, Doris Wilkins, David Bohne and Garrett Mulrooney have been
re-elected by the City Council members to serve on the Planning Commission.
Wold, Wilkins and Bohne on three-year terms and Mulrooney as an alternate on
a one-year term.
EAGAN CITY CODE
Mr. Hedges reviewed the new Eagan City Code with the members present and
each of the Planning Commission members received a copy of the Code that has
been prepared through staff assistance with Municipal Ordinance Codifiers,
Inc.
RELIANCE BUILDERS - FISH LAKE ADDITION - PRELIMINARY PLAT
The continued public hearing on the application of Reliance Builders and
Don Rognrud for preliminary plat approval of Fish Lake Addition consisting of
approximately 1.28 acres located on Outlot B, Pilot Knob Heights 4th Addition
was considered by the Planning Commission. The Chairman briefly introduced
the application. Bruce Malkerson, attorney, appeared on behalf of neighboring
property owners and made a verbal statement to the Planning Commission. A
large number of neighboring property owners were also present as was Dan
Rognrud on behalf of the applicant. Mr..Malkerson reviewed his letter dated
January 20, 1983 addressed to the City and explained in detail his position on
behalf of the adjacent property owners who are opposing development of town-
houses on Outlot B. He stated that Exhibit E, to the Planned Development
Agreement is only the developer's intent to develop and that one paragraph in
the Planned Development Agreement indicates that Outlot B was intended to be
dedicated to the City. He therefore concluded that the dedication has already
taken place and that the City needs only to bring an action to clear title to
determine its rights to the property. He further stated that many property
owners had purchased their lots in Timbershore and single family homes adja-
cent or near Outlot B in reliance upon the fact that it would remain park,
that the land has been maintained by the City for park purposes in recent
years and that the 1981 zoning map indicated it was zoned for park purposes.
Dale Nathan, attorney and a neighboring property owner, also stated that his
opinion was that the buyer was on notice when Outlot B was purchased in 1978
and that additional checking should have been made of the City records to
determine that it was intended for park purposes.
Dan Rognrud stated that the current fee owner, Mr. Steimer, supposedly
talked with staff at the City Hall and asked about the zoning and was told it
was zoned for townhouse purposes and he allegedly had talked with staff per-
sons on at least two different occasions. He stated the assessments and taxes
have been paid on the property and that he has talked with Ralph Wohlers, one
of the developers of the development, who indicated the parcel was always
intended for townhouse purposes.
2
APC Minutes
January 25, 1983
The Planning Commission also reviewed the letter from City Attorney Paul
Hauge dated December 29, 1982 and Dale Runkle went through in detail the
exhibits reflecting the history since 1970, including the 1970 Master Site
Plan. Mr. Runkle indicated that he had contacted former Park Director Barbara
Schmidt and former Planning Commission Chairman Joe Harrison, each of whom
indicated that they could not recollect whether the parcel was intended for
park use. Member Mulrooney asked how New Horizon Homes was involved and
Nathan stated that New Horizons, the developer of the Timbershore townhouse
area, had a model in their model home, showing the parcel as open space, and
that salesmen from New Horizon made representations of that nature.
It was noted that the 1981 change in the zoning map was simply an admini-
strative change and further, that all assessments levied against the property
are simply the standard assessments on an area basis. There will be future
assessments against the property. for lateral benefits, including street im-
provements, if developed. Member Mulrooney stated that the issues he felt
ought to be resolved included the New Horizon Homes representations in the
early stages, secondly, whether there may be an error in paragraph 10 of the
Planned Development Agreement, regarding Outlot B, to be dedicated as park
land; thirdly, whether an "outlot" is a designation intended for development
at some time in the future. Chairman Hall indicated the buyer apparently
bought with the intention to develop, but possibly the City ought to consider
the acquisition of the parcel for park purposes. Wilkins then moved that the
preliminary plat application be forwarded to the City Council without action
with the recommendation that prior to review by the City Council, the staff
contact New Horizons Homes and confirm on what basis they made the alleged
representations concerning the use of Outlot B, and further, that the staff
investigate the feasibililty of acquisition of the property for park purposes;
further, that in consideration of the development in the area, the Planning
Commission recommend that the land be acquired as park land, and that the
Council determine whether it is currently designated for park land or whether
it ought to be acquired for park purposes; further, that the application be
returned to the Advisory Planning Commission if the Council determines that it
will not be used for park use. After discussion, the motion was withdrawn and
Hall moved, Turnham seconded the motion to recommend denial of the application
for preliminary plat for reasons including those cited above, and the follow-
ing:
1. That the status of the site, whether for park purposes, is uncer-
tain.
2. That the Park Committee has recommended that the land be acquired
for park purposes.
3. That there are certain legal questions that have been raised as to
whether the Advisory Planning Commission can act on a plat because of the
questions of ownership that have arisen under the Planned Development, in-
cluding the Planned Development Agreement.
3
.1
APC Minutes
January 25, 1983
1]
In addition, the Commission members discussed the strong view of the area
residents that the land should be acquired and used for park purposes and
further, that the area has need for park land. All members voted in favor
except Mulrooney who voted no, indicating the Advisory Planning Commission is
not adequately informed with information sufficient to recommend denial.
OAR CHASE 5TH ADDITION - PRELDUNARY PLAT
The public hearing concerning the application of Houston Construction,
Inc. and John Houston, for preliminary plat approval of Oak Chase 5th Addition
was convened by Chairman Hall. The preliminary plat would consist of 12.58
acres located on Lot 1 and 2, Block 3, Oak Chase lst Addition and part of the
West 1/2 of the SE 1/4 of Section 27. Presently, the parcel is zoned E
(Estate), and allows a minimum single family lot size of 20,000 square feet.
This would include the last phase of the overall Oak Chase Additions, with the
first phase containing 8 lots, and the second phase 12 lots. John Houston
was present as was Jim Frisbee of Timberline Development Corporation, the
original developer of Oak Chase Addition. Mr. Frisbee stated the Addition was
started in 1970. Mr. Houston stated he has discussed the project with Dakota
County and he agrees with all the staff recommendations except the trunk storm
sewer assessment proposal. James Frisbee objected to the storm sewer trunk
assessment, indicating that there is no additional benefit in that trunk storm
sewer had been installed at an earlier time. It was noted, however, by the
staff that laterals have been installed in certain portions of Oak Chase
Addition, but in the event that there is benefit to the new subdivision, that
the policy is to levy the assessments at the time of the approval of the final
plat and Mr. Colbert stated that assessments have not been levied against the
proposed addition. Mr. Frisbee also suggested that the assessment be levied
at the rates when the development originally occurred. Mr. Houston stated he
talked with Ray Ostertag, the owner to the east, who indicated he had no
objection to the plat and will allow temporary turn -around for a cul-de-sac on
the Ostertag property if Mr. Houston develops the second phase prior to the
Ostertag property being developed. There was a question as to access from
Cliff Road to the Ostertag property, but it appeared there would be access
only from Oak Chase Addition and from the east. After discussion, Bohne
moved, Wilkins seconded the motion to recommend approval of the application,
subject to the following conditions:
1. The preliminary plat shall be reviewed by the Dakota County Plat
Commission because the plat abuts County rights-of-way.
2. Detailed grading, drainage and erosion control plans shall be re-
quired prior to the submission of the final plat.
Code.
3. All buildings shall conform with Section 11.20 of the Municipal
4. All other applicable ordinances shall be met.
4
APC Minutes
January 25, 1983
5. A 75 foot half right-of-way for Cliff Road (CSAH 32) shall be
dedicated as a part of this plat.
6. A ten foot utility, telephone and electrical easement shall be
included along all publicly dedicated rights-of-way, with a five foot utility
easement along exterior lot lines and a ten foot utility and drainage easement
centered over all interior lot lines.
7. This development shall accept its trunk area storm sewer and trunk
area water assessments as determined from the assessment rates in effect at
the time of final plat approval, unless verified to the contrary to the City's
satisfaction.
8. If installed privately, the plans and specifications for the con-
struction of water and sewer services for this development shall be approved
by the Engineering Department.
9. All costs for installation of water and sewer services shall be the
sole responsibility of this development.
10. A 30 foot setback shall be required on the north lot line and east
lot line of Lot 8 in order to,protect the alignment of the future street.
All voted in favor. Mr. Houston stated that he would plat the entire
street if the staff recommended such platting.
SOUTH DELAWARE HILLS - PLANNED DEVELOPMENT DRAWINGS
Mr. Runkle submitted the exhibit for South Delaware Hills Planned
Development and recommended approval of the 1982 planned development review.
Wold moved, Wilkins seconded the motion, all voted in favor, to approve the
annual review for the South Delaware Hills Planned Development.
Upon motion by Wilkins, seconded Mulrooney, all voting in favor, it was
resolved that the meeting adjourn at 9:50 p.m.
'Secretary
5
PHH