02/16/1982 - City Council RegularMINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 16, 1982
A regular meeting of the Eagan City Council was held on Tuesday, February
16 1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist
and Councilmembers Smith, Wachter, Egan and Thomas. Also present were Public
Works Director Colbert, City Administrator Hedges, and City Attorney Hauge.
AGENDA
Upon motion made by Egan, seconded Smith, all members voting yes, it was
Resolved that the agenda be approved as distributed.
Upon motion by Egan, seconded Wachter, it was Resolved that the minutes
be approved with the exception that on page 5„ Knob Hill Preliminary Plat,
that several neighboring owners objected to the use of the property for office
purposes. All voted yes.
PARK DEPARTMENT -- JAMS PLANTENBERG
Ken Vraa appeared and submitted a proposal on behalf of the Advisory
Parks and Recreation Committee that the request of James Plantenberg for an
easement of approximately 20 feet by 30 feet by 40 feet over a portion of Oak
Chase Park be authorized for driveway access to his lot adjacent to Oak Chase
Pond. Noting the hardship that would be involved if the easement were not
granted, including the need to move a transformer at a cost of $2,500, Wachter
moved, Egan seconded a motion to approve the recommendation of the Park
Committee subject to payment of all surveyor's fees, legal fees, etc., by Mr.
Plantenberg. All voted yea.
PUBLIC WORKS DEPARTMENT
Tom Colbert explained to the Council that the authorization of the
Council at the last regular meeting for the purchase of a snowblower for the
Maintenance Department has not been implemented. He stated that MN /DOT'S sale
of a snowblower was in excess of the $2,500 authorized and that the Public
Works Department will continue to investigate a snowblower for inclusion in
the 1982 budget.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. Coachman Land Compan Contract 481 -7 . It was recommended that the
fifth and final payment of $500 for Improvement #81 -7 be made to Lametti &
Sons, Inc., and that the utilities be accepted for perpetual maintenance.
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February 16, 1982
2. Tomark 1st Addition Utilities -- Improvement #81 -9 It was then
recommended that the Council approve the third and final payment of $5,259.89
for Improvement #81 -9 to Richard Knutson, Inc., and accept the utility im-
provement for perpetual maintenance purposes.
Upon motion by Wachter, seconded Thomas, it was Resolved that the fore-
going recommendations be approved. All members voted yea.
ST. JOHN NEUMANN 3.2 BEER AND COMBINATION GAMBLING LICENSE
The application of Thomas Gits for a temporary non - intoxicating malt
liquor license and temporary combination gambling license for February 27,
1982, for the annual casino night at St. John Neumann Church was next con-
sidered. It was suggested that the Church Board consider the possibility of
permanent licenses in that they appear to be requesting temporary licenses
several times each year and that it may be more practical to apply for perma-
nent licenses. Smith moved, Egan seconded the motion to approve the applica-
tion for temporary 3.2 beer and combination gambling licenses or in the alter-
native, annual 3.2 beer and combination gambling licenses in the event that
the Church submits an application for the annual licenses. All voted yes.
MTC PARK AND RIDE
A letter had been received from the Metropolitan Transit Commission
requesting that the City identify requested bus shelter sites within the City.
A bus shelter will be installed in the spring of 1982 at Rahn Road and
Turquoise Trail. The Councilmembers suggested that other alternate locations
be explored including sites that are more innovative such as Blackhawk and
Cliff Road. No action was taken.
TAX E03MPT REVENUE BONDS FOR MULTI - FAMILY HOUSING
The City Administrator reported on the Dakota County Housing and
Redevelopment Authority proposal for issuing tax exempt revenue bonds to
finance multi - family rental housing under M.S.A. Chapter 462C-- Municipal
Housing Finance Act. There was discussion concerning the low income housing
qualifying for the limitations set by the City Council and also the need to
retain rental housing noting two apartment complexes have been converted to
condominium use. Further study was requested by the staff and by the Council
before proceeding with the proposal. The proposals intended to include other
Northern Dakota County municipalities.
THOMAS LAS - CARLSON LAS STORM SEWER TRUNK -- PROJECTS #246 AND 1257
Mayor Blomquist then convened the continued public hearing regarding
Improvement Projects #246 and #257 consisting of Carlson Lake and Thomas Lake
trunk storm sewer reassessments. It was noted that the first reassessment
hearing was held on December 1, 1981, at which time approximately 50 of the 87
appellants submitted written objections to the revised assessment roll. The
City Council then closed the public hearing and adopted the final reassessment
roll with the exception of those 50 property owners who submitted written
objections. The continued public hearing on those 50 parcels was held on
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February 16, 1982
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January 12, 1982. At the continued hearing on January 12 the City Council and
staff reviewed each individual parcel for which a written objection had been
submitted on December 1. The City Attorney, appraiser, Public Works Director,
Consulting Engineer, and individual property owners all had opportunities to
discuss the facts for each individual parcel. Two property owners were not
able to attend the January 12 meeting and requested the public hearing be
continued for them until February 2, 1982, at which time the Council then
considered the objections of those owners. At the February 2 Council meeting
neither of the owners of the two parcels appeared in person. There were no
motions made by the owners of individual parcels nor requests to extend the
time for the hearing. Preliminary findings were submitted by the City
Attorney covering the hearing of January 12. Mr. Colbert went into some
detail explaining the reassessments and also noted that statements had been
received from 14 property owners with objections to the roll and copies of
each of the letters were submitted with the packet to each of the City Coun-
cilmembers for the February 16 meeting. The recordings of the December 1 and
January 12 hearings have been transcribed and were available for any proper-
ty owner to review.
Mr. Colbert recommended a reduction covering four parcels of property as
follows: Richard and Delores Smith on Thomas Lake Road, credit provided for
$50 per lot for the additional reappraisal costs, providing for a reduction in
the proposed reassessment from $1,972.96 to $1,851.70; James and Barbara
Barker, Thomas Lake Road, from $2,311.99 to $2,061.30; Richard Scherer from
$7,862.95 to $7,230.43. The total credits for those parcels would be $904.47.
In addition, he recommended that the assessment for Lot 5, Block 2, Oak
Chase 3rd Addition, owned by Mr. and Mrs. Kenneth Peters be reduced to $446.96
from $527.03 because of a recalculation due to the transfer of a portion of
that lot to the City of Eagan for park purposes.
Mr. Richard Vogen appeared and stated that he was not able to appear on
January 12 but was given an opportunity to express his objections. He stated
he felt the City had made errors in its assessment procedure and the Council-
members explained the method used by the City in assessing storm sewer im-
provements. Councilmember Egan further detailed the method set up by the City
and explained that about 70% of the owners have now paid for or been assessed
for storm sewer trunk improvements and therefore it would be unfair to those
owners to again have to pay for storm sewer improvements for the balance of
the nonassessed property in the City. After about one hour of discussion,
noting the hearing started at 7:00 p.m., Egan moved to adopt the two assess-
ment rolls with the provision that the assessments for the 50 objecting prop-
erty owners be reduced by 25% below the reassessment amounts, but in the event
that any property owner appeals the assessment on his property that the amount
of all of the assessments would then revert back to the current proposed
reassessment roll. There was no second to the motion and it died. There was
considerable discussion concerning the cost to cure method used by the City's
appraiser, Robert Hutchinson, and some owners, in their letters to the City,
stated that they felt the lakes could rise and that the high water mark should
then control the development in the area. Smith moved, Wachter seconded the
motion, to adopt the reassessment rolls and to revise the assessments on the
four parcels of property including Richard Smith, James Barker, Richard
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February 16, 1982
Scherer, and Kenneth Peters as recommended by the Public Works Director;
further, subject to the Findings of Fact, Conclusions of Law, and final deci-
sion by the Council attached to and made a part of these minutes. All voted
in favor.
ALEXANDER ROAD REASSBSSIT HEARING -- PROJECT #247
The Mayor then convened the continued reassessment hearing regarding
Improvement Project #247 consisting of street improvements for Alexander Road.
There were no objections to the proposed assessment roll. City Attorney Paul
Hauge stated that an agreement that had been negotiated between the City and
R. L. Johnson which has now been approved by R. L. Johnson and submitted to
the City for signature. He recommended that the Council adopt the roll and
approve the agreement and spread the assessments as proposed in the reassess-
ment roll. Upon motion by Wachter, seconded Egan, it was Resolved that the
hearing be closed, that the agreement be approved, and that the reassessment
roll be adopted and that the roll be certified to the County Auditor. All
voted yes.
CEDAR CLIFF COM1MCIAL ADDITION PRELIMINARY PLAT
The application of Steven J. Flanagan for preliminary plat approval of
Cedar Cliff Commercial Addition was then considered by the Council. The
Advisory Planning Commission held the first public hearing on October 27,
1981, and the City Council considered the application at several subsequent
meetings. The Council had requested a letter from the Dakota County Plat
Commission to indicate its position on behalf of the City regarding the pro-
posed access points from cul -de -sacs to Nicols Road and Cliff Road. A letter
has now been received from Bernard Larson, the Dakota County Surveyor, gen-
erally supporting the City's position on the revised preliminary plat provid-
ing for two access points to Nicols Road from cul-de-sacs and one cul -de -sac
to Cliff Road. However, Mr. Larson indicated that the County may allow only
right turn in /right turn out lanes onto the County road when the County road
is upgraded to four -lane divided highway. A number of neighboring owners were
present and generally favored the proposal for the plat but were concerned
about screening and landscaping along the residential lots to the north. Mr.
Runkle was present and stated that he understood Mr. Flanagan agreed with the
current proposal and will proceed with the preliminary plat based upon the
cul -de -sacs to Nicols and Cliff Roads. The final layout will be submitted to
the Council by the developer for approval by the Council. The staff was also
requested to notify the neighbors concerning development adjacent to the
residential subdivision when building permit applications are submitted to the
City. Smith moved, Egan seconded a motion for concept approval of the preli-
minary plat subject to final approval of the preliminary plat upon further
submission of the developer. All voted yea. SEE PLAT FILE
COUNTRY GLEN CONDOMINIUM PRELIMINARY PLAT
The application of Mid - Continent Builders, Inc., for preliminary plat
approval of Country Glen Condominiums was then presented to the Council. The
proposal would be located on Lots 3 and 4, Block 2, Fox Ridge Addition,
consisting of 13 acres with 192 condominium units proposed. Jack Hayes was
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February 16, 1982
present on behalf of the applicant and noted that the property is zoned R -4.
The multiple dwelling proposal would include condominiums for sale only and
the total project cost is approximately $4.5 million. He requested that the
2.5 parking spaces be reduced to approximately two spaces noting that 2.5
spaces per unit is not necessary in a comparable project in Apple Valley. The
water storage pond was discussed and the potential liability to the home-
owner's association was also a concern of the Council. Mr. Hayes indicated
that there would be berming around the pond to reduce the liability issue. He
also stated that two one - bedroom units would be converted to two two - bedroom
units so that there would only be 190 total dwelling units. Several neighbor-
ing property owners appeared with questions but no objections. Mr. Hayes
further stated that a caretaker would be on the site to handle maintenance and
also questions and objections from people in the area. The Councilmembers
recommended that the Park Committee review the proposed volleyball area con-
cerning the multiple uses and the surfacing for the recreation areas. It was
also noted that the final plat will not be recorded until after the building
foundations are in to determine their location. Wachter moved, Egan seconded a
motion to approve the preliminary plat subject to the following:
1. Review and recommendation by the Advisory Park Committee concerning
the volleyball court and final determination as to its construction and use.
unit.
2. Authorization for reduction of the parking spaces to two spaces per
3. That the developer and owner will submit a satisfactory escrow guar-
antee for the upgrading of Coachman Road and that Coachman Road should be
ordered for upgrading under a City contract prior to final plat.
4. That the number of units in the development be reduced to bring the
development within the ordinance density requirements.
5. The outside parking spaces shall be a 10' x 20' dimension and the
parking area shall be surfaced with concrete curbing around the perimeter of
the parking area.
6. Homeowner Association Articles and By -Laws for the development shall
be submitted and reviewed prior to the final platting of the first stage.
7. A detailed landscape plan shall be submitted and approved by the City
and a landscape bond shall be required for an adequate amount and not released
until one year after the landscaping has been completed.
8. The subject plan shall be reviewed by the Eagan Park Committee. At
the present time, the staff would be looking at a cash dedication per unit.
9. The applicant shall dedicate all easements as required by City staff.
10. All other ordinance requirements shall be met.
11. A detailed grading, drainage, and erosion control plan must be
approved prior to final plat.
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February 16, 1982
12. A storm sewer outlet shall be provided for the proposed ponding area
at the sole cost of the developer as well as construction of the storm sewer
holding pond.
13. This development shall accept the deferred assessment for the later-
al benefit from trunk water main along Coachman Road. The amount shall be
determined based on the rates in effect at the time of final plat.
14. The developer shall assume the deferred assessments for lateral
benefit from sanitary sewer along the south and north property lines. The
rates used to determine this lateral benefit amount shall be those in effect
at the time of final plat.
15. This development shall provide and pay for the installation of a 5-
foot sidewalk along the west right -of -way line of Coachman Road adjacent to
this development.
16. A tot lot and recreation area as approved by the City should be
installed in the development by the developer.
All voted in favor
GALAZIE AVENUE -- IMPROVEMENT #81 -1
SEE PLAT FILE
The bids for the Galaxie Avenue Improvement #81 -1 were opened on February
11, 1982, at 2:00 p.m. and representatives of the Federal Highway Administra-
tion, MN /DOT and the City of Eagan were present at the time of the opening.
The low bid for the MN /DOT contract SP1982- 81(T.H.35E -390) was Austin P.
Keller Construction Company in the amount of $663,685.96 amounting to approxi-
mately $210,000 below the estimate. It was recommended that the low bid be
approved subject, however, to MN /DOT's final approval. Smith moved, Egan
seconded the motion to accept the recommendation and authorize the award of
the contract to Austin P. Keller Construction Company in the amount of
$663,685.96. All voted yea. - _
HEIGHT LUnTATION SUBCOMMITTEE
A meeting of the Height Limitation Subcommittee will be held on February
18, 1982, at 4:00 p.m. at the City Hall. A report dated February 11, 1982,
prepared by the City Planner Dale Runkle, recommending that in the event that
a building exceeds three stories in height, then approval would be under a
conditional use permit or planned unit development with an agreement outlining
formal standards, building code requirements and other conditions imposed by
the City. Setbacks, green space and lot areas would also be included in the
ordinance revision.
SPECIAL COUNCIL MEETING -- FEBRUARY 25, 1982
A special meeting of the City Council will be held on February 25, 1982,
at 7:00 p.m. at the City Hall to consider miscellaneous issues.
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February 16, 198
CHECKL.IS?
Egan moved, Blomquist seconded the motion to approve the following check-
list dated 2 -9, 2 -16, & 1 -30 -82 All voted in favor.
ADJOURNPOW
Thomas moved, Wachter seconded the motion, all voted yes to adjourn at
10:05 P.M.
City C19rk
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