07/06/1982 - City Council RegularOCAG
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 6, 1982
A regular meeting of the Eagan City Council was held on Tuesday, July 6,
1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
Councilmembers Egan, Smith, Thomas and Wachter. Also present were City
Administrator Hedges, Public Works Director Colbert and City Attorney Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the Agenda as pre-
sented with the deletion of the consideration regarding the City Hall expan-
sion project. All voted yes.
Egan moved, Thomas seconded the motion to approve the Minutes of the June
15, 1982 City Council meeting with the exception that on page 6 regarding the
Odell application for waiver of plat, that it would have been more appropriate
for the applicant to have submitted an application for preliminary plat
approval. All voted in favor.
PUBLIC WORKS DEPARTMENT
1. Public Works Director Tom Colbert introduced Richard Hefti who was
recently hired as the Assistant City Engineer. Mr. Hefti was welcomed by the
Council.
2. RES Grading Permit. A request was made by Johnson Brothers Corpora-
tion of Litchfield, which is the contractor on the earth removal project at I-
494 and I -35E to extend the hours of operation from 7:00 a.m. to 7:00 P.M. to
provide for 5:00 a.m. to 11:00 p.m. in order to complete the project by
October 1, 1982. Gene Holland and Ellsworth Johnson appeared on behalf of
Johnson Brothers Corporation. They indicated that a letter and personal
contacts had been made with each of the 12 neighboring residents and no
objections appeared. Smith moved, Egan seconded the motion to approve the
request with the understanding that there be a 30 day review and further, that
the contractor attempt to keep the equipment away from the residences during
early and late hours. All voted in favor.
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July 6, 1982
3. Tomark Second Addition /Park Fee Deferment. A request was received
from the developer of Tomark Second Addition, Tomark Development Co., that the
City Council defer the payment of park dedication fees until construction of
the multiple family building commences, noting the extreme financial problem
at the present time. The Council discussed the precedent issue and suggested
alternates. Smith moved, Egan seconded the motion to grant the request with
the understanding that interest would be commenced at the rate of 1% per month
following approval of the final plat, for multiple housing only, with the
understanding that a letter of credit will cover the additional park dedica-
tion fee that is required. All voted in favor. Councilmembers stated that
this would not act as a precedent for future requests of this nature for park
fee deferment.
4. James and Arvella Horne Assessments - Kingswood Addition. Mr. and
Mrs. James Horne were present and requested the council review and revise the
recommendation of the Special Assessment Committee regarding assessments for
trunk water main against Kingswood Addition. The Assessment Committee did, on
June 14, 1982, make recommendations regarding the assessments against the
Kingswood Addition on the basis of current policy and Tom Colbert explained
the background of the recommendation. Mr. Horne also was permitted to explain
that it was his opinion that there was an understanding between the City and
Mr. Horne in 1973 concerning the extension of water main along the Kissling
property. Mr. Colbert stated that there was no agreement that could be found
of record. Mr. Colbert stated that it was the opinion of the staff that the
entire subdivision is benefited by the water main from Pilot Knob Road and the
policy provides for assessment of benefit to affected property. The proposal
is to assess all frontage on Kingswood Road less that area that has been
previously assessed for water main and spread the asssessments amongst all
benefited lots. Wachter moved, Egan seconded the motion to continue the
matter until further information is researched and submitted to the City
Council. All voted yes.
BIKE PATH MAINTENANCE AGREEMENT
City Administrator Tom Hedges explained that the City Council approved a
bike path maintenance agreement with Dakota County and recommended approval of
certain amendments to the agreement. Barbara Schmidt, the Assistant Dakota
County Park Director, was present and also reviewed the changes. Wachter
moved, Egan seconded the motion to approve the amended bike path maintenance
agreement with Dakota County. All voted in favor.
SEE AGREEMENT FILE
CONSENT AGENDA
The following consent agenda items were submitted and proposed for
approval to the City Council:
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1. Cedarvale Lanes - Temporary Beer Per A request from Randy
Spring for temporary beer license for August 14 and 15 for the Cedarvale Lanes
Softball Tournament at Univac Fields was recommended for approval.
2. Ga License Renewals. The applications of Lost Spur Country
Club and Eagan Lions and Lioness Club for gambling license renewals for 1982
were recommended for approval by the staff.
3. Project #360 - Towerview Road. It was recommended that the
feasibility report which has now been completed by the Consulting Engineer for
Improvement Project #360 concerning Towerview Road upgrading to Pilot Knob
Road be accepted and that the public hearing be scheduled for August 3, 1982
at 7:00 p.m. at the City Hall.
4. Project #362 - Tomark Second Addition. It was recommended that the
feasibility report prepared by the consulting engineer for Project #362 con-
sisting of improvements for Tomark Second Addition be accepted and that a
public hearing be scheduled for August 3, 1982 at 7:00 p.m. at City Hall.
5. Project #363 - Hilltop Plaza. The feasibility report has now been
completed for the Hilltop Plaza Improvement Project #363 and it was recom-
mended that a public hearing be scheduled at 7:00 p.m. on August 3, 1982 at
the City Hall and that the feasibility report be accepted.
Upon motion by Smith, seconded Wachter, it was resolved that the fore-
going Consent Agenda items recommended for approval be accepted and approved.
All voted in favor.
FEDERAL LAND CO. - I.R. FINANCING
The public hearing regarding the application of Federal Land Co. for
industrial revenue financing in the amount of $1,537,000.00 for two office
buildings in Yankee Square Office Park was convened by Mayor Bea Blomquist.
Mr. Hedges explained the proposal briefly and Mr. Charles Bartholdi and Martin
Colon were present for the applicant. Mr. Bartholdi described the project and
also questions were asked of the applicant together with Leonard Champer and
Roger Winges of Juran & Moody, who were also present. It was noted that the
buildings could not be sold separately under the joint I.R. bond financing
proposal. The Finance Committee has not reviewed the propsoal for public
placement of the bond issue and Mr. Colon stated that the applicant would
proceed on the basis that it would be a private placement as is required by
the Eagan policy. After discussion, Smith moved, Egan seconded the motion to
approve the application subject to the normal policy requirements of the City
of Eagan and that both buildings would remain under single ownership. All
voted yes. The Finance Committee will review the proposal being made by the
applicant for the use of a letter of credit whereby it acts as a credit
enhancement device and make a recommendation to the City Council for utiliza-
tion of that method of I.R. financing.
SEE BOND FILE
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July 6, 1982
TWIN VIEW MANOR REASSESSMENT HEARING - PROJECT #264A
The Mayor convened the continued reassessment hearing regarding utilities
in Twin View Manor Addition consisting of Improvement Project #264A. The City
Council on May 19, 1982 held the public hearing at which time objections were
submitted and subsequently an appeal was filed by certain property owners in
the Addition. The Eagan City Attorney and the attorney for the property
owners have now reached an agreement which was submitted to the Council where-
by the appeals would be dismissed with the exception of the issue regarding
payment of interest on the assessments. Smith moved, Egan seconded the motion
to close the final reassessment hearing for Project #264A, to reaffirm the
original assessments as levied on September 15, 1981, to approve the agreement
between the City and the property owners, and approve the roll and authorize
the City staff to certify the September 15, 1981 final assessments to the
County Auditor for collection as originally approved. All voted in favor.
TWIN VIEW MANOR STREET ASSESSMENTS - PROJECT #264B
The continued public hearing regarding street assessments under Improve-
ment Project #264B in Twin View Manor Addition was reconvened after having
been continued from the May 18, 1982 city council meeting. Mr. Colbert
explained that the same facts appeared regarding objections by property owners
and the appeal after which an agreement has now been entered into between the
property owners and the City regarding the dismissal of the appeal with the
exception of the rate of interest to be charged on the assessments. Upon
motion by Egan, seconded Thomas, it was resolved that the assessment hearing
for Project #264B be closed, that the assessment roll submitted on May 18,
1982 be approved, that the agreement between the property owners and the City
regarding the appeal be accepted and that the staff be authorized to certify
the assessments to the County Auditor for collection. All voted in favor.
CINNAMON RIDGE 31RD ADDITION - PROJECT #357
The public hearing concerning Improvement Project #357 regarding streets
and utilities in Cinnamon Ridge 3rd Addition was convened by Mayor Blomquist.
There was no appearance and no objections. Mr. Colbert explained the project
to the Council and after discussion, Wachter moved, Thomas seconded the motion
to close the public hearing, approve Project #357 and authorize the
preparation of plans and specifications for the project. All voted yes.
DENMARK AVENUE VACATION
The hearing regarding the vacation of a portion of Denmark Avenue which
was requested by adjoining property owners was then convened. One affected
property owner was present and recommended approval. There were no objec-
tions. After review by the Public Works Director, upon motion by Egan,
seconded Thomas, it was resolved that the Council approve the vacation of the
public right of way for Denmark Avenue, north of Wescott Road and adjacent to
Lots 1 and 2, Block 1, Pilot Knob Heights Fifth Addition, subject, however, to
the retention of a 10 foot drainage and utility easement over the westerly
portion of the vacated right of way. All voted in favor.
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Council Minutes I
July 6, 1982
PROJECT #359 - PARK CLIFF 1ST ADDITION - STORM SEWER EXTENSION
The hearing regarding the petition of the developer of Park Cliff Addi-
tion to extend the storm sewer in the Addition resulting from extensive
erosion was then convened by the Mayor. Mr. Colbert explained the proposal
and there were no objections. Smith moved, Wachter seconded the motion to
close the hearing, to approve Project #359 and to authorize preparation of
plans and specifications for the project. All voted yes.
ST. PAUL PIONEER PRESS - VENDING MACHINES
Mr. Hedges stated that at the last regular meeting of the City Council on
June 15, 1982, a representative of the St. Paul Pioneer Press and Dispatch
appeared before the City Council to discuss whether a special permit was
appropriate for the location of newspaper vending machines on public property
throughout the city. It was the position of the council that a special permit
is required for the placing of such vending machines for the purpose of
selling newspapers within public rights -of -way and the Council members sug-
gested the Pioneer Press submit an application for special permit, if it
intends to keep the machines on the rights -of -way. It was further noted in
the June 15 minutes that the Council scheduled reconsideration of the issue to
the July 6, 1982 meeting. Mr. Hedges indicated that a meeting had been held
between representatives of the newspaper and the City staff at which time 11
locations defined by the staff to interfere with public safety were reviewed.
The newspaper representatives concluded that 4 of the 11 vending machines were
considered hazardous according to the Memorandum from Mr. Runkle dated July 1,
1982. The Newspaper stated that the four would be removed completely and the
balance could be relocated to safer locations. It was Mr. Runkle's under-
standing that the representatives would be contacting the City Administrator
on July 6 to discuss the possibility of continuance of two weeks or whether
the City Council intended to discuss the matter at its July 6 meeting. It was
noted no application had been submitted and further, no contact had been made
with the City staff on July 6. There were no representatives from the news-
paper present and it was determined that the matter would be continued until
later in the meeting to see if there would be an appearance by such repre-
sentatives.
MISSION HILLS PD & PRELIMINARY PLAT
The application of the County of Dakota to amend the Mission Hills
Planned Development and preliminary plat of Dakota County Plat #1 was next
considered. A request was made by the County to continue until the July 20
meeting and upon motion by Wachter, seconded Smith, it was resolved that the
request be honored and the matter be reconsidered on July 20, 1982. All voted
yes.
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July 6, 1982
FEDERAL LAND CO. - EAGAN HEIGHTS COMMERCIAL PARK
The application regarding Federal Land Co. for rezoning from R -4, LB &
CSC to PD (Planned Development) for the Eagan Heights Commercial Park was then
considered by the City Council. Martin Colon and Carl Dale and other repre-
sentatives appeared on behalf of the applicant. The Advisory Planning Commis-
sion on May 25, 1982 considered the application at length and then continued
it until June 22, 1982 at its regular meeting. The APC recommended approval
subject to extensive conditions. Mr. Dale reviewed the proposal in detail and
suggested that a five year maximum time be allowed to construct the office
building in area 6 and if not completed, that the property then revert to R -4
use. He stated there could be 400 to 500 apartment units in the complex under
the original proposal. He discussed the buffering between the R -1 uses and
the Planned Development to the north and he stated that the developer general-
ly agreed with the recommendations of City staff. James Benshoof, Traffic
Engineer, appeared on behalf of the applicant and stated that the traffic
count would be nearly the same as the proposed development under the existing
zoning, and further that the roadway system is adequate to accomodate the
expected volumes under the proposal.
Further, Mr. Dale requested that the Council consent to the use of the
high rises indicated on the sketch plan, although the Planning Commission
recommended against it. Further, the developer opposed the request that the
developer acquire and construct all of Denmark Avenue, including the right of
way on the west which is owned by Hillcrest Development Company. In addition,
the sidewalk on the west side of Denmark would not be practical for the
developer to construct according to Mr. Dale, because the developer had no
control over the location. He also requested that Federal Land Co. be given
the option to retain the southwest pond depending on the nature of develop-
ment. It is proposed that there be a 16 story tower in phase 3 and a 12 story
tower in phase 8. Councilman Smith opposed the right of way requirement for
Denmark Avenue and stated that possibly a half right of way could be con-
structed if necessary. He discussed storm drainage from the area which would
flow to the north eventually and the impact that it could have on the O'Neill
property on the north side of Lexington Avenue.
John Klein appeared and presented his view of the history including the
proposed trail around the north side of O'Leary Lake and the park that was
proposed to be donated, including the location of a ball field. He stated
further, that the original intent was that the development be constructed with
the Williamsburg decor. Roger Sjobeck, a neighboring owner in the R -1 area in
Duckwood Estates appeared and presented a petition from neighbors with 56
signatures. They had a number of recommendations, most of which the developer
had agreed with at the Advisory Planning Commission meeting. Mr. Sjobeck
stated that the high rise is undesirable for motels or office towers in the
location, that CSC is incompatible with the R -1 zoning and that there is
excessive R -4 in the general area.
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Scott Bader, a developer of Duckwood Trails appeared and explained that
there is a balance of 148 units available for construction under the approval
for Duckwood Trails. He stated that the owners had no objection to the
development, but that they recommended that the plans be changed to provide
for 414 units rather than 310 with 3 multi - family buildings, rather than
townhouse use on the undeveloped area. He therefore stated he would object to
the current zoning use to the north if the Duckwood Trails owners could not
change their rezoning to multi- family.
Mike Wold of St. Francis Wood and also a member of the Advisory Planning
Commission was present and stated that he voted no at the Advisory Planning
Commission meeting mainly because of the uncertainty of the use which could be
for CSC uses also. He was further concerned about the high -rise near the R -1
development. Ron Krank, a developer of the Pilot Knob Shopping Center stated
that there was no objection on behalf of that developer except that the
developer too would request that the 20 acre parcel owned by them be given the
same consideration for CSC uses. Other neighbors were concerned about the
increase in the density of Duckwood Trails.
Councilman Egan stated the City had control over high -rise buildings and
that no committment would be made at the present time for the allowance of
high -rise buildings. It was noted that there was already a problem of exces-
sive commercial in the area and the concern of changing R -4 to Comercial use.
Mayor Blomquist had certain questions including how much less park dedication
would be granted if there is a change from R -4 to Commercial use; further, she
was concerned about the water run -off to the north and the need for additional
ponding on the O'Neill land. She also expressed her concern about the alter-
nate uses proposed after the 5 year period converting from office to R -4 use.
Mr. Colon stated that the developer would retain the southeast corner as
R -4 if required, including 37 acres and it would then consist of at least 3.7
acres for park dedication. After extended discussion, Wachter moved, Egan
seconded the motion to continue consideration of the application to allow the
staff to research the park issue and also the history of the approval by the
City of Eagan of the original proposal; further, to make recommendations as to
the more specific uses of the property in the southeast corner in area 6; and
to review the storm sewer drainage to the O'Neill property on the north side
of Yankee Doodle; it was further understood that the application will be
considered at the next meeting if possible, or at the latest on August 3,
1982. All voted in favor.
COMSBRV #1 - FINAL PLAT
The application of Comsery Corporation for approval of the final plat of
Comsery #1 was considered. The staff indicated that all requirements of the
City had been complied with and recommended approval of the plat. Wachter
moved, Egan seconded the motion to approve the final plat subject to comple-
tion of the torrens proceeding regarding a boundary line problem and compli-
ance with all City requirements. All voted in favor.
R 82 -31
SEE PLAT FILE
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Council Minutes
July 6, 1982
AMCON CORPORATION REZONING TO PD
001.
The application of Amcon Corporation for rezoning from A (Agricultural)
to PD (Planned Development) for a 19 acre parcel at the southwest intersection
of I -494 and Pilot Knob Road was then reviewed by the City Council. The
Advisory Planning Commission first considered the application on May 25, 1982
and continued the application until June 22, 1982 when the Commission then
voted a 3 to 3 tie, on a motion to deny the application. Peter Stalland,
attorney for Amcon Corporation and Mr. Patrick Gannon were present, as was Mr.
011ie Ulvilden. The councilmembers requested that the tape recorder be turned
on to tape the proceedings. It was noted that this was the second application
before the City Council, the first having been submitted in May of 1981 and
finally was denied by the City Council in March, 1982. Peter Stalland re-
viewed the history of the Amcon application and stated that the applicant
understood the concerns of the City regarding safety under the flight path.
He stated the Metropolitan Airports Joint Zoning Board has not been convened
and further, the density is heavier in Bloomington than in Eagan or Mendota
Heights within the runway pattern in that location. He further discussed the
St. Paul City Council resolution, a copy of which was distributed regarding
the downtown airport location. It was further noted that Zone B extends
further east on the southerly east -west runway over Eagan than the Zone B
over Mendota Heights because the south runway is longer. He indicated that
normally there would be 600 feet from the top of the proposed high -rise
building to the flight pattern of an airplane landing at Minneapolis -St. Paul
International. Further, a letter from Mayor Garrison of Apple Valley favoring
the project was submitted and reviewed by the Council. Mr. Stalland stated
that it was unlikely that an accident would occur and that no commercial
airline accident has ever occurred caused by landing or takeoff from Wold
Chamberlain Airport. He further noted there was RB and LB zoning to the south
and the comprehensive plan designates the subject property at RB. Mr.
Ulvilden, the owner, stated he asked the city staff about the use and was
allegedly told in 1978 that it could be used for motel and office purposes.
Mr. Stalland argued that it would increase the Eagan tax base and real estate
values and that a number of business owners in the area, including the
Northern Dakota County Chamber of Commerce, favored the project.
Councilman Wachter stated that he felt there were more accidents on
takeoffs than landings and had questions about the stage that a pilot could
bank an aircraft; he stated that it is his opinion that there are more
landings than takeoffs in Eagan; that the noise abatement measures would be
important and recommended signals in the event the project is approved at the
access point on Pilot Knob. There was some discussion concerning a hold
harmless agreement which could use in the alternate, a performance bond,
letter of credit or possibly an insurance policy to cover an extended hold
harmless agreement whereby the City would be indemnified in case of any loss
due to an accident in the location.
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Dick Heinz, the Assistant Commissioner of Aeronautics in the Minnesota
Department of Transportation was present. He suggested the City contact the
Metropolitan Airports Commission and ask that the Joint Zoning Board be con-
vened. He stated that in 1983 the Minnesota Legislature directed the Divi-
sion of Aeronautics to draft recommended zoning rules and a hearing was held
in 1974 based upon zoning regulations acquired from samples throughout the
country. He stated the heights of the buildings are not an issue and that the
height regulations of MnDOT are the same as those promulgated by the FAA. He
stated the issues were density and land uses. Mr. Stalland requested that the
Council make a decision at the current meeting regarding the application.
After extended discussion, Egan moved, Smith seconded the motion to
continue the application until such time as the City staff can request through
Ray Glumack, the Director of the Metropolitan Airports Commission, to convene
the Joint Zoning Board to consider the adoption of zoning regulations;
further, that a report be submittd to the council as soon as possible as to
whether the MAC will convene to review and consider adoption of such regula-
tions because of the concerns of the City Council for health, safety and
welfare of ultimate users of the proposed development, with the understanding
that the council will reconsider the application no later than August 3, 1982.
Blomquist, Egan and Smith voted yes. Wachter and Thomas voted no.
PIONEER PRESS VENDING MACHINES
At approximately 11:00 p.m. the Mayor again discussed with the Council
the location of the Pioneer Press and Dispatch vending machines on City
rights -of -way. There was no appearance on behalf of the newspaper staff and
after discussion concerning the acute safety and welfare of residents and
motorists, due to the precarious location of certain newspaper boxes through-
out the City, it was suggested that the remainder of the 11 boxes that have
not been removed by the Pioneer Press be removed by the City staff immediate-
ly. It was noted that there had been numerous complaints from property
owners, from residents and other persons working in the City concerning their
location and the hazardous impact upon drivers and pedestrians. Smith then
moved, Egan seconded the motion to declare that the 11 vending machines desig-
nated by the City staff to be in an unsafe and hazardous location be declared
dangerous to motorists and pedestrians within the City and that the staff be
directed to remove the 11 boxes as soon as possible and to continue considera-
tion of the location of all of the boxes until the next regular meeting. All
voted in favor except Wachter who voted no, indicating that he did not object
to the removal of the boxes, but objected to the cutting of the chains
securing the boxes.
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Council Minutes
July 6, 1982
CITY HALL EXPANSION UPDATE
Councilmembers reviewed the list of members of the City Hall Expansion
Committee and Councilman Wachter suggested that all former town board members
and council members be invited to become members of the committee. He sug-
gested that Art Rahn, Ed Schwanz, John Klein, Leo Murphy and Mark Parranto be
invited to become members because of their background on the town board and
council. He moved that they become members. There was no second and the
motion died, with other councilmembers indicating that the committee already
has been formed and that it would become an unweildy committee in size if the
number is increased substantially.
CONTRACT #82 -3 - OSTER ADDITION - STORLAND ROAD UTILITIES
The bids for Contract #82 -3 were received on June 29, 1982 and it was
recommended that the low bidder, Encon Utilities, Inc. with the base bid of
$110,018.00 be approved and awarded. Egan moved, Thomas seconded the motion
to approve the recommendation and award the contract to Encon Utilities, Inc.
as proposed. All voted in favor.
CONTRACT #82 -5 - CONSERV #1 - STREETS AND UTILITIES
OFF SALE LIQUOR LICENSE POLICY
Kraus Anderson, the developer of the proposed Pilot Knob Shopping Center
had requested that the Council consider an amendment to its Off Sale Liquor
License Policy to allow MGM Liquor which would be an anchor tenant with
approximately 12,000 square feet in the shopping center to be allowed an off -
sale liquor license requiring an amendment to the Off Sale Liquor License
Policy. Councilmembers indicated that a change in the policy would not be
considered unless there is substantial change in conditions and noted that the
council had recently amended its policy. Two off -sale liquor licenses are not
active, although they have been issued and Councilman Wachter requested the
staff to acquire information regarding the policy of other communities where
issued off sale liquor licenses are not active. Smith moved, Egan seconded
the motion to deny the request of Kraus Anderson for a change in the Policy,
noting that conditions are essentially similar to those that existed when the
policy was last changed. All voted yes.
10
The bids for Contract #82 -5 were
received by the City on
June 29, 1982
and
the low bidder for the contract covering
utilities and street
improvements
in
Comsery #1 Addition was Rauenhorst
Corporation in the sum
of $496,803.00.
The
staff recommended approval of the
low bid. Wachter moved,
Egan seconded
the
motion to approve the grant of the
contract to Rauenhorst
Corporation as
recommended. All voted in favor.
OFF SALE LIQUOR LICENSE POLICY
Kraus Anderson, the developer of the proposed Pilot Knob Shopping Center
had requested that the Council consider an amendment to its Off Sale Liquor
License Policy to allow MGM Liquor which would be an anchor tenant with
approximately 12,000 square feet in the shopping center to be allowed an off -
sale liquor license requiring an amendment to the Off Sale Liquor License
Policy. Councilmembers indicated that a change in the policy would not be
considered unless there is substantial change in conditions and noted that the
council had recently amended its policy. Two off -sale liquor licenses are not
active, although they have been issued and Councilman Wachter requested the
staff to acquire information regarding the policy of other communities where
issued off sale liquor licenses are not active. Smith moved, Egan seconded
the motion to deny the request of Kraus Anderson for a change in the Policy,
noting that conditions are essentially similar to those that existed when the
policy was last changed. All voted yes.
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Council Minutes
July 6, 1982
SPECIAL ASSESSMENT CO*!ITTEE
The Eagan Special Assessment Committee met on June 14, 1982 and made
recommendations concerning policy revisions regarding special assessments.
The following policy revisions were reviewed including the existing planned
use versus zoning policy, the ponding easement for trunk area assessments, the
large lot storm sewer trunk area assessment policy and lateral street assess-
ments for county and state road construction. After discussion and upon
motion by Smith, seconded Wachter, it was resolved that the recommendations of
the Assessment Committee regarding those issues as elaborated in the committee
minutes of June 14, 1982 be approved. All voted in favor.
SEE ASSESSMENT COMMITTEE MINUTE BOOK
SAFARI ESTATES WATER RESERVOIR
Mr. Colbert and Mr. Hauge reviewed with the Council the proposed acquisi-
tion of 1.5 acres of land for the 4 million gallon water reservoir adjacent to
Safari Estates near the Apple Valley boundary including access road. The
Council earlier authorized an offer to be made to the Sieg family which has
been turned down and it was now recommended that the Council take the
following action:
1. Authorize the preparation of a formal certificate of survey for the
permanent acquisition and temporary easement access.
2. Authorize the hiring of an appraiser to prepare a land value
appraisal for both permanent and temporary easement taking.
3. Authorize the staff to initiate condemnation proceedings for the
acquisition of the property if a negotiated agreement cannot be reached.
Noting the importance of proceeding with the acquisition of the property
and the construction of the reservoir in 1983, Egan moved, Smith seconded the
motion to accept the recommendation of staff and authorize the staff to pro-
ceed according to the proposal, including the commencement of condemnation
proceedings for the acquisition of the parcel noting that the acquisition is
in the public interest. All voted in favor.
GREEN ACRE PROPERTY
A list of the parcels in the City of Eagan currently under Green Acres
for real estate tax assessment purposes was submitted by the Dakota County
Auditor's office and reviewed by the Council. Noting that there appeared to
be certain owners of property that did not appear to comply with requirements
of the Green Acres law, Wachter moved, Egan seconded the motion to direct the
Administrtor to request the County Assessor and Auditor to submit an explana-
tion of the criteria used to determine eligibility for Green Acres coverage
and the basis for the determination for each owner being qualified under the
Green Acres Statute. All voted yes.
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July 6, 1982
VEGETABLE STAND ON HIGHWAY #49
A request from Richard DeWilde for the operation of a vegetable market at
the old gas station at the northeast intersection of Highways #49 and #55 was
next considered by the Council. The request was made for a special permit
covering the period of July 16 through October 31, 1982. Council members
indicated the site appeared to be appropriate and Thomas moved, Wachter
seconded the motion to approve the request with the understanding that the
applicant will comply with all City requirements. All voted yes.
CLEARVIEW HOMEOWNERS PETITION — ORRIN THOMPSON
A petition from homeowners in Clearview Addition complaining about the
operation of the construction site on the Orrin Thompson homes property south
of Cliff Road near Blaekhawk Road concerning its unsightliness was reviewed.
The complaint was that the property was unsightly and that debris is allowed
to blow around the area causing a nuisance for the neighboring residents. The
Councilmembers requested that Orrin Thompson Homes be directed to move the
construction site farther south from Cliff Road and to keep the site clean and
in an orderly fashion to avoid further complaints and nuisance.
STREET LIGHT LOCATIONS
Tom Colbert reported to the Council concerning a study regarding proposed
street light locations for major intersections and stated that there are 28
major intersections that would be appropriate for such locations. The cost
would be $6,800.00 for installation and energy estimated at $3,000.00 per
year. An alternate would be a contribution of approximately $24,000.00 for
installation which would result in lower energy cost on an annual basis. He
presented a map showing existing and proposed locations. No further action
was taken.
FEDERAL SURPLUS DEPOT
Mayor Blomquist recommended a resolution from the City Council requesting
the State of Minnesota to continue to operate a federal surplus depot in the
twin cities location in order to allow the purchase of federal surplus equip-
ment at a reduced price. Blomquist moved, Smith seconded the motion to
authorize such resolution be forwarded to the State of Minnesota. All voted
in favor.
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Council Minutes
July 6, 1982
BLOCK PARTY STREET CLOSURES
Mr. Colbert requested of the council some guidelines regarding the re-
quest for closing of streets for block parties within the City. It was noted
that the police department has been handling the requests up to this date and
that there have been no complaints concerning the method of block closures.
The council directed the staff to prepare a policy regarding the administra-
tion of block closures for street parties and that it be administered by the
police department.
JERRY THOMAS - HOUSE MOVING PERMIT
A request from Jerry and Carol Thomas for a permit to move a residence
within the City to the Thomas property on Pilot Knob Road was considered by
the Council. Smith moved, Wachter seconded the motion to approve the applica-
tion. All voted in favor except Thomas who abstained.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following
Checklist dated: July 6, 1982
All voted yea.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m.
All voted in favor.
PHH
Seer Wry
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