12/21/1993 - City Council Regular
00436
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 21, 1993
A regular meeting of the Eagan City Council was held on Tuesday, December 21, 1993, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also
present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
Mayor Egan advised there was changes to the agenda for the December 21, 1993, regular City Council
meeting: 1) CONTINUED Public Hearing Item C3, Waterview Addition/Trunk Sanitary Sewer and WatermaIn
with items H and I of new Business, 2) CONTINUED INDEFINITELY Items C and D, New Business, the
Conditional Use permit and Liquor License requests for Panino's, 3) ADD Consent item A4, addition of a part-
time public meeting cablecaster, and 4) Legislative/Intergovernmental Affairs Update Items 2, request for
Resolution Opposing the Full Unfeathering of the Transit Tax for the City of Eagan.
Wachter moved, Awada seconded, a motion to approve the agenda of the December 21, 1993, regular
City Council meeting. Aye: 5 Nay: 0
N'I'1Er'I_
Councilmember Hunter requested a change on Page 7, Public Hearings, Paragraph 7, Sentence 2 of the
December 7, 1993 regular City Council minutes to read: "Councilmember Hunter added a recount of discussions
with the Mayors of Billings, Montana, and Orlando, Florida, and their higher ratios (1:1.3 and 1:3, respectively)
of officers to population."
Councilmember Hunter also asked the minutes reflect a motion to add the lifting of restrictions
regarding the number of licenses on Page 10, New Business, Paragraph 6, Sentence 1, of December 07, 1993
regular City Council minutes to read: "Awada moved, Hunter seconded, a motion to approve changing the City
Code regarding the application process for off-sale licenses noting that applications will be accepted at any time
during the year, licenses will run from January 1 to December 31, new license applications will be reviewed by
the Police Department, any license not activated within nine months will be rescinded, each applicant shall
display to the City's satisfaction that it has at least an option on a specific site for the location of off-sale store,
the license fee will be pro rated based on the number of months remaining before the license expires at the end
of the calendar year, and the lifting of restrictions on the number of licenses."
Mayor Egan requested a change on Page 2, Item E of the Consent Agenda of the December 7, 1993
regular City Council minutes to read: "It was recommended that a liquor license for Lost Spur in the name of
the new manager, Steve Skar, be approved conditioned upon a favorable recommendation by the Eagan Police
Department."
Councilmember Wachter requested a change on Page 1, Minutes, Paragraph 7, Sentence 1, within the
December 7, 1993 regular City Council minutes to read: "Councilmember Wachter asked that a reference be
made in the minutes of the November 2, 1993, special City Council meeting to his preference that any restaurant
built on Outlot G near the Mann Theater project be built on the east side to take advantage of the view of the
wetland area."
Hunter moved, Wachter seconded, a motion to approve the minutes of the December 7, 1993, regular
City Council meeting as amended. Aye: 5 Nay: 0
Awada moved, Wachter seconded, a motion to approve the minutes of the December 7, 1993, special
City Council meeting as presented. Aye: 5 Nay: 0
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PAGE 2/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
Councilmember Hunter requested that on Page 4, Paragraph 3, Oak Wilt, of the November 23, 1993,
special City Council minutes, a final sentence be appended to read: "There was consensus that an Oak Wilt
Program is very important to the City and some level of funding should be dedicated starting in 1994."
Wachter moved, Hunter seconded, a motion to approve the minutes of the November 23, 1993, special
City Council meeting as amended. Aye: 5 Nay. 0
Hunter moved, Wachter seconded, a motion to approve the minutes of the November 16, 1993, special
City Council meeting as presented. Aye: 5 Nay: 0
Awada moved, Hunter seconded, a motion to approve the minutes of the December 15, 1993, special
City Council meeting as presented. Aye: 5 Nay: 0
Mayor Egan introduced this item as a recognition of John S. Voss, the City's consulting planner for the
past 24 and a half years. The Mayor read a certificate that was presented to Mr. Voss and signed by the entire
Council.
R-93.92
~<G~~ti~ITIYIDT~)~IAT(`;~<~IPD'
Senator Deanna Wiener, Representative Tim Commers and Representative Tim Pawlenty presented
significant issues for the upcoming legislative session.
Senator Wiener provided a handout addressing 1994 Legislation affecting local governments. She
discussed prominent legislation for 1994 including; the issues of where to locate spent nuclear fuel rods, higher
education considerations, issues on whether the MET Council should be an elected or appointed body, the City
of St. Paul residency requirement for employees, and the Association of Counties study on optional forms of law
to allow for greater flexibility in combining auditor and treasurer offices, once a vacancy occurs.
Representative Tim Commers presented issues regarding four significant property tax proposals for the
next legislative session, and the shortfall of the Local Government Trust Fund. Discussion of the impacts for
the City of Eagan with the LGA shortfall determined that a $226,000 - $227,000 reduction could result.
Representative Tim Pawlenty discussed options the State may pursue should there be a surplus of funds
for 1993. He also discussed the probability of the RTC and RTB Boards being eliminated and combined within
the MET Council as one operating division.
Councilmember Hunter presented his concern with the MET Council's recommendation to pool dollars
to create a regional investment fund. Representative Pawlenty discussed that this recommendation is one of
many he anticipates in the future, and he is committed to fighting this agenda that provides much less discretion
for City Councils.
Councilmember Hunter and Wachter voiced their concerns over fiscal disparities. Councilmember
Hunter also presented future Eagan projects and issues.
Mayor Egan expressed concerns with proposed MET Council functions, the removal of financial
resources for cities, reiterated future projects facing the City of Eagan, concerns over functions of the MET
Council, and the issue of unfunded mandates.
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PAGE 3/ EAGAN CITY COUNCIL,MINUTES
December 21, 1993
Mayor Egan questioned an element of the process defined within Item H, the Petition/Schedule Public
Hearing for Ceadarvale Area Special Service District Legislative Authorization regarding the special service
district procedures. Under 428A.06 Special Service District Procedures regarding bonds, the law states "the
governing body may, by resolution adopted prior to the sale of the principal and interest of the proceeds of the
service charge in the district are in insufficient to pay the principle and interest." Mayor Egan questioned
whether the City would be required to pledge full faith and credit taxing power for the district. The City
Attorney responded that the full faith and credit backing would only apply if the City chose to issue bonds for
the special district.
A. Personnel Items
Item 1. It was recommended that Monotham Bounnak, Nancy Chellman, Holly Confer, Robert
Foreman, Tim Gill, Aaron Halash, Colin Johnson, Rod Larson, Brock Libby, Gina Prescott, Prentice Rankin,
Jason Sakry, Jeffry Schuller, Jason Schwamb, David Soutor, and Sam Vaughn be hired as seasonal winter
recreation leaders for the 1993/1994 winter recreation season.
Item 2. It was recommended that Mark Bush, Wayne Fox, Rob Hagstrom, Rick Kamrud, Chris Larson,
Vincent Mergens, Scott Merkley, Bryan Mohr, and Douglas Monro be hired as contractual broomball and boot
hockey officials.
Item 3. It was recommended that a. 2.5% increase in compensation for regular, seasonal, and temporary
non-collective bargaining employees for 1994 (except for election judges), an increase in the City's contribution
toward employee plus dependent health insurance coverage for those employees who choose such coverage to
$288.21 per month, an increase of 2.5% for car allowances and setting the mileage reimbursement amount at
the 1994 IRS mileage amount be approved.
Item 4. It was recommended that a part-time public meeting cablecaster be created.
B. Extension. Autumn Ridge 4th Addition, for Recording Final Plat
It was recommended that an extension of 30 days for final plat approval be approved for the Autumn
Ridge 4th Addition.
C. Contract 93-15. Receive Bids/Award Contract. Water OualitgPond Improvements
It was recommended that the awarding of the contract for Contract 93-15 for Water Quality Pond
Improvements be approved to the appropriate qualified low bidder.
D. Resolution Authorizing Call of Sperry Tax Increment Bonds
It was recommended that the resolution calling the Sperry tax increment bonds for redemption be
approved. R-93.93
E. Approval of Deloitte + Touche Engagement Letter for Audit and Arbitrage Rebate Services for the
Year Ending December 31. 1993
It was recommended that Deloitte + Touche be approved as the independent auditors and providers
of arbitrage rebate calculation services for the year ended December 31, 1993, per the terms of the engagement
letter.
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PAGE 4/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
F. Final Plat, Town Centre 100 - Twelfth Addition (Mann Theaters)
It was recommended that the final plat for the Town Centre 100 - Twelfth Addition as presented.
R-93.94
G. Final Plat. Lexington Meadows
It was recommended that the final plat for Lexington Meadows be approved as presented. ,
R-93.95
H. Receive Petition /Schedule Public Hearing. Request for Cedarvale Area Special Service District
Legislative Authorization
It was recommended that the EDC recommendation be accepted, the petition received, and the public
hearing scheduled for January 18, 1994, for the Cedarvale area special service district legislative authorization.
I. Approve Joint Powers Agreement (Street Sweeping. Striping & Sealcoating)
It was recommended that the joint powers agreement (street sweeping, striping and sealcoating) be
approved and the Mayor and City Clerk authorized to execute all related documents.
J. Project 662. Receive Feasibility Report/Order Public Hearing (Cedar Grove 7. 8. 10. 11 and
Applebaum Additions - Street Rehabilitation)
It was recommended that the feasibility report for Project 662 (Cedar Grove 7, 8, 10, 11, & Applebaum
Additions - Street Rehabilitation) be received and the public hearing scheduled to be held January 18, 1994.
K Project 665. Receive Feasibility Report/Order Public Hearing(Blackhawk Road - Street
Rehabilitation)
It was recommended that the feasibility report for Project 665 (Blackhawk Road Street
Rehabilitation/Improvements) be received and a public hearing scheduled to be held January 18, 1994.
L. Contract 93-W. Acknowledge Completion /Authorize City Maintenance (Deerhawk - Services)
It was recommended that the completion of Contract 93-W (Deerhawk Addition - Services) be
acknowledged and perpetual City maintenance authorized subject to the warranty terms and conditions as
identified in the development contract agreement.
M. Stonebridge Ponds Addition. Easement Vacation Reimbursement
It was recommended that a credit of $2,287.50 toward the reimbursement requirement for the vacation
of a ponding and utility easement within the Stonebridge Ponds Addition.
Hunter moved, Awada seconded, a motion to approve the Consent Agenda as presented. Aye: 5
Nay. 0
PAGE 5/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
REFUNDING BONDS/SURREY GARDENS APARTMENTS
Mayor Egan introduced this item as issuance of multifamily housing revenue refunding bonds for Surrey
Gardens Apartments. City Administrator Hedges explained the policy issue as whether the City Council would
allow the owners of the project to refinance.
Dan Gustafson and Terry McNellis, Managing Director of Piper Jaffrey, were present to answer
questions by the Council. Councilmember Hunter questioned the associated risks with the project. Terry
McNellis responded that the bonds used are Revenue Bonds, with no pledge of the City's tax dollars and the City
is acting simply as a conduit for issuing those bonds. City Administrator Hedges responded that both the City's
Financial Advisor Dave MacGillivray of Springsted, and bond counsel, Steve Rosholt of Faegre & Benson, found
the proposal acceptable.
Hunter moved, Awada seconded, a motion to close the public hearing approve the resolution giving final
approval to the issuance of the multifamily housing revenue refunding bonds - Surrey Gardens. Aye: 5 Nay:
0
R-93.96
REFUNDING BONDS/ASPEN WOODS OF EAGAN
Mayor Egan introduced this item as issuance of multifamily housing revenue refunding bonds for Aspen
Woods of Eagan.
City Administrator Hedges noted that Aspen Woods would return for consent ratification once a
determination of their choice of financing had been made.
Hunter moved, Masin seconded, a motion to close the public hearing and approve the resolution giving
preliminary approval to the issuance of multifamily housing revenue refunding bonds - Aspen Woods of Eagan.
Aye: 5 Nay: 0
R-93.97
WATERVIEW ADDITION/TRUNK SANITARY SEWER & WATERMAIN
Mayor Egan introduced this item as Project 666, Waterview Addition - Trunk Sanitary Sewer and
Watermain Extension. At the adoption of the agenda, it was determined to continue this item for discussion to
occur simultaneously with items H and I under New Business.
Hunter moved, Masin seconded, a motion to continue Project 666 (Waterview Addition - Trunk Sanitary
Sewer & Watermain) and authorize the preparation of detailed plans and specifications to be heard
simultaneously with items H and I of New Business. Aye: 5 Nay: 0
l I . B) TSI TESS>
UNITED STATIONERS ADDITION/PRELIMINARY PLAT CONDITIONS
Mayor Egan introduced this item as reconsideration of conditions of preliminary plat, United Stationers.
Director of Community Development Reichert explained the request for a reconsideration of condition
#8, United Stationers approved preliminary plat. She clarified that the condition requiring Meadowview Road
serving United Stationers be upgraded, or that the applicant waive their right to object upgrading in the future,
had been worked out since the agenda had been circulated. Staff has determined that the replat is to add land
so the building can be expanded and meet lot coverage regulations. Director of Community Development
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PAGE 6/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
Reichert requested that condition number eight be waived in the preliminary plat. The applicant was present
and in agreement with the compromise of the two conditions.
Awada moved, Wachter seconded, a motion to approve a revision to the preliminary plat conditions for
United Stationers Addition as presented, and to approve the two modifications to conditions as presented. Aye:
5 Nay:O R-93.98
:.:1~IEt?tis SE
Mayor Egan introduced this item as the final plat for United Stationers. City Administrator Hedges
explained that normally a final plat would be located on the Consent Agenda, but due the previous action, it was
placed under New Business.
Wachter moved, Awada seconded, a motion to approve the final plat for United Stationers Addition.
Aye: 5 Nay: 0
DUPLEX LOT SPLIT/LOT 9, BLOCK 5, VIENNA WOODS ADDITION
Mayor Egan introduced this item as a duplex lot split for Custom Design Builders, located at Lot 9,
Block 5, Vienna Woods Addition, NE 1/4 of Section 31.
Director of Community Development Reichert clarified that the duplex lot split was a proposal
submitted ahead of time due to the applicant's financing needs.
Awada moved, Masin seconded, a motion to approve a waiver of plat for a duplex lot split on Lot 9,
Block 5, Vienna Woods Addition at 2043/2045 Vienna Lane, subject to the conditions set forth in the staff
report. Aye: 5 Nay: 0
R-93.99
CONDITIONAL USE PERMIT/PANINO'S OF EAGAN
Mayor Egan introduced this item as a conditional use permit for Panino's of Eagan, to allow on-sale
liquor, 3.2 beer or wine in a CSC (Community Shopping Center) district within the Eagan Heights Commercial
Park Planned Development on Lot 1, Block 1, Town Centre 100 Sixth Addition, located along the east side of
Denmark Avenue, south of Town Centre Drive in the N 1/2 of Section 15.
Hunter moved, Masin Seconded, a motion to continue indefinitely the Conditional Use Permit for on-
sale liquor, 3.2 beer or wine, for Panino's of Eagan within the Eagan Heights Commercial Park. Aye: 5 Nay:
0
LIQUOR LICENSE/PANINO'S
Mayor Egan introduced this item as a license for On-Sale Liquor, Panino's of Eagan, 3450 Denmark
Drive.
Wachter moved, Masin seconded, a motion to continue indefinitely an application by Panino's of Eagan
for an on-sale liquor license for property located at 3450 Denmark Drive. Aye: 5 Nay: 0
WAIVER OF PLAT/COMMONWEALTH LAND TITLE INSURANCE
Mayor Egan introduced this item as a waiver of plat for Commonwealth Land Title Insurance Company,
to split a portion of Lot 14, Block 6, Woodgate 2nd Addition and combine it with Lot 15, Block 6, Woodgate
2nd Addition located along the west side of Hickory Hill in the SE 1/4 of Section 29.
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PAGE 7/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
Director of Community Development Reichert explained that the reconfiguration of the lot lines was
solely to correct a problem of construction on another individuals property. She noted the two neighbors worked
together to correct the property line.
Wachter moved, Awada seconded, a motion to approve a waiver of plat for Commonwealth Land Title
Insurance Company affecting Lot 14, Block 6, and Lot 15, Block 6, Woodgate 2nd Addition, subject to the
following conditions:
1. The applicant must record this Waiver of Plat with Dakota County and provide documentation to
the City within 60 days of City Council approval.
2. The applicant shall cause the execution of two separate lot combination agreements to be recorded
at Dakota County to legally attach the land exchange to each parcel.
3. The applicant shall vacate the 10' drainage and utility easements centered over the existing common
lot line.
4. The applicant shall dedicate ten foot drainage and utility easements centered over all lot lines and,
in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the subject
properties. The applicant shall dedicate easements of sufficient width and location as determined by engineering
standards.
5. The applicant shall dedicate adequate drainage and ponding easements to incorporate the required
high water elevation plus three feet as necessitated by storm water storage volume requirements.
Aye: 5 Nay: 0 R-93.100
REZONING/LYMAN DEVELOPMENT COMPANY
Mayor Egan introduced this item as a rezoning for Lyman Development Company, of approximately
1.6 AG (Agricultural) acres to an R-1 (Single Family) district located along the west side of Highway 3, south
of Diffley Road in the NE 1/4 of Section 25.
Director of Community Development Reichert explained the proposed rezoning and the following
proposal waiver of plat request and location.
Wachter questioned the access of the future road. Community Development Reichert clarified that the
two parcels, A and B, would share a common driveway only.
Hunter asked whether this area was annexed from Inver Grove Heights. Steven Ryan of Lyman
Construction, replied that the noted area was originally part of Inver Grove Heights.
Wachter moved, Hunter seconded, a motion to approve a rezoning of approximately 1.6 acres of
agriculturally zoned land to R-1 (Single Family) for Lyman Development Company located along the west side
of Highway 3, south of Diffley Road in the NE 1/4 of Section 25. Aye: 5 Nay: 0
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PAGE 8/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
WAIVER OF PLAT/LYMAN DEVELOPMENT COMPANY
Mayor Egan introduced this item as a waiver of plat for Lyman Development Company, to split Lot 6,
Auditor's Subdivision No. 42, Egan, and Lot 2, Auditor's Subdivision No. 43, Inver Grove Heights, located along
the west side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25.
Community Development Reichert clarified that additional conditions were recommended by the Park's
Commission regarding park trails and water quality dedication.
Steve Ryan of the Lyman Lumber Company explained the legal description noting that the Auditors
Subdivision as Inver Grove Heights is correct, due to when the subdivision was created it resided within Inver
Grove Heights and then was later annexed into the City of Eagan.
Steve Ryan stated he was in agreement with the APC and the Parks Recreation and Natural Resources
additional conditions.
Hunter moved, Wachter seconded, a motion to approve the waiver of plat for Lot 6, Auditor's
Subdivision No. 42, Eagan and Lot 2, Auditor's Subdivision No. 43, Inver Grove Heights, located along the west
side of Highway 3, south of Diffley Road in the NE 1/4 of Section 25, subject to the following conditions as well
as the APC and the APNRNC conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al, B1, B2, B3, B4, C1, El, F1, G1, and H1
2. The applicant must record the Waiver of Plat with Dakota County and provide documentation to the
City within 60 days of City Council approval.
3. All applicable City ordinances must be met.
4. The maximum slope of the driveway to serve Parcel B shall be 10%.
5. The lowest entry level of the proposed house on parcel B shall be constructed at an elevation 3 feet
above the HWL of Pond JP-26.1 or higher.
6. A detailed grading, drainage and erosion control plan shall be prepared and submitted with the
building permit application and the plan shall show the house and driveway location.
7. Drainage swales shall be provided around the proposed house to perpetuate surface drainage away
from State Trunk Highway 3 to Pond JP-26.1.
8. This development shall dedicate 5-foot drainage and utility easements along all lot lines.
9. The development shall dedicate a drainage and utility easement over Pond JP-26.1 up to 3 feet above
the HWL of the pond.
Aye: 5 Nay. 0 R-93.101
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December 21, 1993
REZONING/ARCON DEVELOPMENT INC
Mayor Egan introduced this item as a rezoning for Arcon Development Incorporated, of 14.80 AG
(Agricultural) acres to an R-1 (Single Family) district located along the east side of Dodd Road, west of Highway
3 in Section 36.
Mayor Eagan reminded the audience that earlier he indicated item C of Public Hearings would be
considered with item H and Item I of New Business. Item I was also introduced so discussion of Item C of
Public Hearings, and Item H and Item I of New Business could be heard collectively, in order to allow greater
flexibility in discussion of these issues.
City Administrator Hedges explained that items H, the rezoning request for Arcon Development Inc.,
and I, preliminary plat for Waterview Addition, would be discussed initially, and depending on the outcome of
the both the rezoning and the preliminary plat, the City Council would proceed accordingly. Specifically, he
demonstrated, if the Council was in the affirmative for the rezoning and the preliminary plat then a presentation
on the Public Hearing portion on the infrastructure would ensue.
City Administrator Hedges then explained Item H, the rezoning request, had been heard at a public
hearing at the November 23, 1993 Planning Commission meeting. The Planning Commission is recommending
approval for both the rezoning request and the preliminary plat.
Director of Community Development Reichert provided background information on the applications and
locations for both the rezoning and the preliminary plat requests. She pointed out that the main issue of the
rezoning was that the Comprehensive Plan the City of Eagan had adopted intended the area to be fully urbanized
and developed. The Planning Commission recommended approval for the rezoning with a 5-2 vote.
Discussion of the plat within the Planning Commission centered around whether there should be fewer
lots. The Planning Commission, Director of Community Development recalled, recommended the plat as was
presented, with 20 lots. She noted that she and the Director of Public Works Colbert met with the residents to
discuss the city policy background and available options in two informational meetings.
Director of Community Development Reichert further noted that the issue before the Council was if
the Council felt that the area should be maintained in a rural character, necessitating the City Council to consider
something more than Estate zoning. She passed out a handout on the proposed number of lots for the
development. Director of Community Development Reichert pointed out that on Lot 10, Block 1, the lot is
85,000 square feet. Of that, she found the portion that is not within the pond easement is over 20,000 sf. The
average lot size she estimated would be over 37,000 sf. The average lot size, excluding the pond easement was
shown to exceed 17,900 sf. She added these lots require sewer, water, and storm drainage, and are urban density,
rather than self-sufficient rural density. Director of Community Development Reichert noted as the area grows,
lots will become more expensive, and overall, the amount of land available in this unique situation is quite small,
due to development by the City of Eagan and surrounding areas.
Regarding the preliminary plat, Community Development Director explained that the plat had been
significantly revised since the first submittal, due to the initial proposal for a long culdesac that posed
development concerns for land located to the south. A stub street, along with a temporary culdesac was
developed to alleviate the problems associated with the proposed single long culdesac. The animal hospital had
also been removed from the initial plat.
Scott Johnson, President of Arcon Development stated he felt the design generated by City Staff and
Arcon Development Inc. is the only plan suitable for the property. He noted five years ago Clair Fritz had
contacted him expressing an interest in improving his property. At that time, Mr. Johnson explained, the
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PAGE 10/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
properties to the north of Fitz Lake were undeveloped at that time and did not possess sewer and water services.
Mr Johnson added Mr. Fritz had to wait until those areas were developed, which is now occurring, and Mr. Fritz
is the next property owner in line to receive water and sewer services.
Following discussion, the hearing was opened to public comment.
Doug Johnson, 4775 Dodd Road, thanked both the City Council and staff for their time and effort. He
stated Jerry and Diane Meszaros are currently in Florida but did express their support for the letters requesting
Estate zoning submitted to the City Council. He added the neighborhood objects to being assessed for sewer
and water utilities for many of the residents will be unable to use those services.
Chip Morgan, 4785 Dodd Road, thanked the staff and all of those involved for their time and effort.
He voiced his opposition to the improvements for the following reasons: 1) the self contained nature of the
location, 2) the longevity of the neighborhood, 3) the current large lot, 1-5 acres, characteristics of the lots, and
4) the development of the neighborhood prior to the creation of the Comprehensive Land Use Plan.
Tom Gustafson, 4822 Dodd road, thanked the staff for their assistance. He raised various questions he
held regarding Land Use Zoning Regulations in Chapter 11. He voiced concern over the plan for the west
portion, next to his property. City Attorney Sheldon clarified that the abutting property owner has standing to
request vacation and the City has the authority to petition on it's own, for that portion if desired.
Mr. Gustafson questioned whether the portion along Highway 3 had been classified as wetlands and what
would be done with the area. Director of Public Works Colbert read from the staff report in response, clarifying
that the developer's consultant identified wetlands associated with Fitz Lake as the only wetland on the site.
Mr. Gustafson asked whether the sedimentation pre-treatment pond would affect lot size. Director of
Public Works Colbert responded a dedication of an easement would be needed incorporating the west pre-
treatment pond, but that it would not affect the lot size, only the buildable size of the lot. Councilmember
Awada noted should the area be changed to Estate zoning, the maximum number of buildable lots for the area
would only be 13.
Mr. Gustafson presented his concern over frontage area to the road regarding lots 10, 11, and 12 (53,
56, and 60 feet, respectively) compared to the City of Eagan's standard of 60 feet. Director of Community
Development Reichert stated the standard consistently applied within the subdivision ordinance for actual
frontage onto the street is 50 feet. Mr. Gustafson also expressed his concern over the removal of trees and Oak
Wilt.
Mike Neisius, 4856 Dodd Road, owner of a trucking business abutting Highway 3 on 4855 Dodd Road,
questioned what impact the development would have on his business expansion. Director of Community
Development Reichert noted the Comprehensive Land Use Plan designates that area as D-2, but that currently
a small portion of his property is zoned General Business. Mayor Egan clarified that the Land Use Plan
designated the area to be ultimately developed in that classification, but that the business owner could reasonable
anticipate using the frontage road for his business.
Councilmember Awada requested comments from staff and the audience regarding the option of leaving
the area zoned Agricultural. Director of Community Development Reichert proposed a future presentation of
the different options on how to provide utilities to the property and minimize fmancial impacts on other
properties. She further explained the location of the property, surrounding areas and uses, and available utilities.
Director of Community Development Reichert defined an Agricultural zone and pointed out that there are some
lots in the area that would not meet the five acre minimum requirement. Mayor Egan articulated problems
associated the zoning the area Agricultural.
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PAGE 11/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
Councilmember Wachter asserted the need to look at associated impacts for properties to the south and
west of the neighborhood.
Councilmember Awada noted that the Planning Commission did fulfill their job following the code, but
that the City Council needed to find out additional information such as what rights Mr. Fritz possesses, lot sizes
of R-1 zoned land, owners feelings regarding changing the area within the Comprehensive Land Guide to Estate
or Agricultural. This information, the City Council agreed, should be brought back to the City Council for
review.
Mayor Egan stated he wished to have all affected property owners to the east and south of Highway 3
notified as well. He added he would like an investigation on issues such as the costs and associated impacts of
looping the sanitary sewer system and water main versus allowing services to continue south, what the City's loss
of revenue would be if the area was unserviceable, the impact of the Council's decision on the City's trunk
systems, and technical, legal, and planning issues of rezoning the land from R-1 to Estate.
Director of Community Development Reichert noted that it appeared the City Council wished to
continue the application for rezoning and preliminary plat. She pointed out staff would take the time to
complete the research, but due to a priority commercial study, the investigation of issues relating to the rezoning
and preliminary plat request would require a significant amount of time.
Mayor Egan questioned if Scott Johnson, President of Arcon Development, found the continuance
acceptable, and Mr. Johnson replied that it was. Mayor Egan then clarified that the Council could move to
continue indefinitely the applications for rezoning and preliminary plat, and deny the application for Public
Improvement Project 666.
Wachter moved, Awada seconded, a motion to continue indefinitely the application for a rezoning of
approximately 14.8 agricultural acres to R-1 (Single Family) located along the ease side of Dodd Road, west of
Highway 3, in Section 36. Aye: 5 Nay. 0
PRELIMINARY PLAT/WATERVIEW ADDITION
Mayor Egan introduced this item as a preliminary plat for Waterview Addition/Arson Development
Incorporated, consisting of 20 lots located along the east side of Dodd Road, west of Highway 3 in Section 36.
This item was introduced with item C of Public Hearings and the rezoning request for Arcon Development to
allow for greater flexibility in discussing these closely related items.
Masin moved, Awada seconded, a motion to continue indefinitely a preliminary plat consisting of 20 lots
located along the east side of Dodd Road west of Highway 3 in Section 36, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al, B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1 and H1
2. All Shoreland Zoning regulations shall be met.
3. Individual lot tree preservation plans shall be prepared on Lots 4-11 and Lot 20, Block 1, at the time
of building permit application.
4. Lakeside Animal Hospital shall cease operations prior to initial construction.
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December 21, 1993
5. Permits shall be obtained for the abandonment of the operational well in accordance with Dakota
County and State of Minnesota regulations.
6. Permits shall be obtained for the abandonment of the septic system in accordance with City of Eagan
and State of Minnesota regulations.
7. The developer is responsible for complying with the Tree Preservation Plan as submitted which states
that no mitigation will be required if 17% of the existing tree mass, or less, will be removed form the site.
8. The grading shall preserve a 30' buffer zone of undisturbed vegetation along the south edge of Pond
JP-26.
9. The proposed lots abutting Highway #3 shall dedicate a 30' wide drainage and utility easement on
the final plat to allow for the extension of sanitary sewer and water main along Highway #3.
10. A water quality treatment pond (Pond LP-26.3) of at least 0.23 acres in surface area at the NWL,
0.7 acre-feet in wet pond volume, a minimum average depth of 3 feet, and a maximum discharge rate of 1 cfs
shall be constructed to treat all runoff draining to Waterview Court.
11. The development will be required to stub 8" sanitary sewer and 8" water main to the south edge of
the plat in the right-of-way of the proposed stub street.
12. The installation of sanitary sewer and watermain to serve this development must be authorized by
the City Council prior to final plat approval.
13. The final plat shall dedicate a ponding and utility easement for Pond LP-26 and Pond LP-26.3 to
an elevation 3' above the calculated HWL's of the ponds.
14. The vacation of the existing right-of-way for Carol Street is required prior to final plat approval.
15. The development shall financially guarantee the costs for the installation of all public utilities and
streets necessary to service or accommodate the proposed development located beyond the boundaries of said
development.
16. In order to final plat Lot 4 of Block 2, a temporary cul-de-sac with a 45 foot radius shall be
constructed at the south end of the stub street.
17. No construction equipment shall take access from Dodd Road. All Access shall be taken from
Highway 3.
Aye: 5 Nay: 0
WATERVIEW ADDITION/TRUNK SANITARY SEWER & WATERMAIN
Mayor Egan introduced this item Project 666, Waterview Addition - Trunk Sanitary Sewer and
Watermain Extension. At the adoption of the agenda, it was determined to continue this item following
discussion of Items H and I under New Business.
Masin moved, Awada seconded, the cancellation of Project 666. Aye: 5 Nay: 0
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PAGE 13/ EAGAN CITY COUNCIL MINUTES
December 21, 1993
..F :P!'TE
COUNTY BONDING AUTHORITY
Mayor Egan introduced this item as a resolution in support of Dakota County's request for state bonding
authority, juvenile detention and treatment facility.
City Administrator Hedges provided background information on the request, specified the need for such
a facility, and clarified that the resolution was requesting no funding from the City of Eagan.
Councilmember Wachter stated he was in favor of supporting the resolution, but held concerns regarding
what financing the state would be putting forth and how maintenance expenses would impact the City of Eagan
as well as Dakota County. City Administrator Hedges stated he would send a letter for the City Council raising
those questions.
Hunter moved, Masin seconded, a motion to approve a resolution supporting state bonding authority
for Dakota County for a juvenile detention and treatment facility as presented. Aye: 5 Nay: 0
R-93.102
RESOLUTION OPPOSING THE FULL-UNFEATHERING OF TRANSIT TAX
Mayor Egan introduced this resolution opposing the full-unfeathering of the transit tax.
City Administrator Hedges reiterated Mayor's Egan's points that the route was established as a
temporary 18-month demonstration project, and that due to the full unfeathering tax there would be a significant
percentage tax increase on the metropolitan portion of the property tax. He further explained that this
percentage would increase property taxes $6.00 to $9.00 for 1994 per property. City Administrator Hedges
explained that the proposed resolution parallels and supports the resolution that was passed in September of
1992, but has been modified only to reflect the above mentioned two points.
Hunter moved, Masin seconded a motion to approve Resolution opposing the full unfeathering of the
transit tax for the City of Eagan. Aye: 5 Nay: 0
R-93.103
AM fS'f'ftA- AGEND. >
GRANT APPLICATION/DEPARTMENT OF JUSTICE
Mayor Egan introduced this item as grant application request, Department of Justice.
City Administrator Hedges provided background information and expectations with the grant application.
Councilmember Wachter questioned whether the expenses of additional squad cars and benefits had
been computed. City Administrator Hedges responded although he did not have a computation for squad cars,
all other benefits had been figured in the grant.
Wachter moved, Hunter seconded, a motion to acknowledge the grant application with the Department
of Justice for a police hiring supplemental program that would employe four additional police officers. Aye:
5 Nay: 0
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December 21, 1993
PROJECT 658/CEDARVALE STREETLIGHTS
Mayor Egan introduced this item as Project 658, receive final assessment roll/order public hearing
(Cedarvale area - streetlights).
Hunter moved, Wachter seconded, a motion to receive the final assessment roll for Project 658
(Cedarvale area - streetlights) and schedule a public hearing to be held on January 18, 1994. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
Awada moved, Hunter seconded, a motion to approve a special City Council meeting scheduled for
January 11, 1994 to conduct advisory commission interviews.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated December 17, 1993, in the
amount of $1,761,279.44. Aye: 5 Nay: 0
ADJOURNMENT
The regular meeting of the Eagan City Council was adjourned at approximately 11:00 p.m.
JP
CITY OF EAGANaAk
re
City Clerk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access
to Its programs, services, activities, facilities and employment without regard
to race, color, creed, religion, national origin, sex, disability, age, marital
status, sexual orientation, or status with regard to public assistance.
Auxiliary aids for persons with disabilities will be provided upon advance notice
of at least 96 hours. If a notice of less than 96 hours is received, the City
of Eagan will attempt to provide such aid.