07/20/1982 - City Council Regular00180
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 20, 1982
A regular meeting of the Eagan City Council was held on Tuesday, July 20,
1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
City Councilmembers Smith, Wachter, Thomas and Egan. Also present were Public
Works Director Colbert, City Administrator Hedges, City Engineer Rosene and
City Attorney Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as distri-
buted. All voted yes.
The minutes of the July 6, 1982, regular City Council meeting were, upon
motion of Egan, seconded Wachter, approved with the exception that on page 12
reference should be made to the Clearview Homeowners "petition" rather than
Clearview Homeowners "letter" regarding Orrin Thompson Homes. All voted yea.
DAKOTA COUNTY ASSESSORS ABATEMENT
William Peterson from the Dakota County Assessor's office appeared and
recommended tax abatements on the following parcels:
1. Arnold S. Krohn, Parcel #10- 14991- 150 -01 to be reduced to
$7,672.
2. Raymond Lytle, Parcel #10- 14990- 110 -01 to be reduced to $7,672.
3. Cory Gold, Parcel #10- 14990- 090 -01, assessment reduced to
$7,672.
4. Daniel Simon, Parcel #10- 16705- 550 -06, assessment value to be
$18,139.
Upon motion by Wachter, seconded Thomas, it was Resolved that the fore-
going assessment abatements be approved.
1
Council Minutes
July 20, 1982
PARK DEPARTMENT
00181
Mr. Hedges indicated that the City has received an Environmental Impact
Statement for the Minnesota Valley National Wildlife Refuge. Park Director
Vraa has reviewed the EIS and submitted a memorandum dated July 8, 1982,
covering the EIS. The plan suggested protection of the fen, the rare and
vegetative area within Eagan on both sides of the railroad right -of -way and
both east and west of old Cedar Avenue, by acquisition of strict enforcement
of land use regulations by the City. No formal action was taken.
PUBLIC WORKS DEPARTMENT
Tom Colbert reported on the following items:
1. O'Neill Pond -- Project #302. Mr. Colbert indicated that he has been
negotiating with Earl 7chindeldecker of 2826 Trunk Uighway #55, who owns land
on the south side of the O'Neill Pond, concerning the acquisition of the
ponding easement. He indicated that it is important for the MN /DOT grading
project to the north of that property and recommended that the Council
authorize the cost of approximately $1,900 for sanitary sewer connections for
the existing residence, and $550 for the City connection permit fee to be paid
by the City in return for the easement. Wachter moved, Thomas seconded the
motion to authorize the installation by the City of sanitary sewer service for
the Earl Schindeldecker property in consideration of the acquisition of the
ponding easement for Project #302. All voted yes.
2. Special Assessment Deferment Policy -- Financial Hardship. The City
Council had asked the staff to review alternatives for financial hardship
criteria for deferment of special assessments based upon claims of financial
hardship. It was noted that no other municipality has such a policy and it
would be most practical to handle the matter on an individual basis by the
Special Assessment Committee and Council.
CONSENT AGENDA
The following agenda items were recommended for approval by the staff:
1. Conditional Use Per Renewals. It was recommended that Central
Fence and Supply Company conditional use permit at 3790 Dodd Road, the condi-
tional use permit for Jerry and Carol Thomas at 4889 Pilot Knob Road, the
conditional use permit for the Pro -Life Sign for Dakota County MCCL, and
outside storage and rental lot for U -Haul Company be approved.
2. Sign Permit -- De Wilde. It was recommended that the application for
sign permit by Richard DeWilde for vegetable stand from July through October
on Dodd Road north of the Trinity Lone Oak Lutheran Church be approved for a
temporary advertising sign.
2
0(1182
Council Minutes
July 20, 1982
3. Deferred Compensation Plan. A proposed amendment to the IDS Deferred
Compensation Plan adopted by the City on March 5, 1974, was submitted and
recommended for approval by the staff. Technical changes are included in the
revisions to the plan.
4. Project #364 -- Brittany M anor 4th Addition W ater M ain. It was
recommended that the petition from the developer of Brittany 4th Addition for
water main and in addition the request for preparation of plans and specifica-
tions together with a feasibility report be approved and authorized by the
Council.
5. O'Leary Lake Storm Sewer Outlet Final Payment. It was recommended
that the final payment on Contract #81 -12 be approved to Parrott Construction
Company in the amount of $5,002.76 and that the project be accepted for
perpetual maintenance.
6. Trunk Highway #55 Stor Sewer Outlet. �It was recommended that
Contract #81 -3, Change Order No. 2, covering the installation of a force main
in the amount of $3,534 be approved.
Upon motion by Smith, seconded Egan, it was Resolved that the foregoing
Consent Agenda items as recommended be approved. All voted in favor.
BLACKHAWK LAKE TRUNK STORM SEWER OUTLET PROJECT #297
Mayor Bea Blomquist convened the public hearing regarding the trunk storm
sewer outlet from Blackhawk Lake to the Cedar Industrial park under Improve-
ment Project #297. Mr. Colbert explained the project in detail and a large
number of affected persons were present. After discussion of the project, a
number of property owners made comments and submitted objections:
1. James Horne indicated that he had not been notified of the original
public hearing and submitted a written objection to the assessments on the
Horne property on Pilot Knob Road. It was noted, however, that the property
was considered a part of the drainage district and that six property owners
had inadvertently been left off of the mailing list. However, publication of
the notice had been placed in the legal newspaper.
2. Harry and Pearl Lemieux, 1555 Vilas Lane, appeared and submitted a
written objection and stated that 60% of the runoff of their property goes to
the north and there is no benefit.
3. Henry Englert was present together with his nephew and submitted
verbal and written objections to the assessments on the Englert property on
Englert Road. It was noted the property is green acred at the present time.
3
0
Council Minutes
July 20, 1982
4. Dr. Fred Wilson was present and stated that there is confusion in the
wording of the letter sent to property owners regarding whether the assess-
ments had actually been levied.
5. Mr. David Kohnen, 1740 Monterey Lane, also objected for the same
reason as Dr. Wilson.
6. Donald Anderson of Kyllo Lane had questions about the method of
assessments and the amount of the assessment against his property.
7. David Ashfeld, who owns property on Pilot Knob Road, submitted writ-
ten objections to the assessment.
8. A letter from the attorney for Kenneth Hassler stated that the
installation of the gravity storm sewer line under Blackhawk Road has affected
Mr. Hassler's water well and requested compensation from the City.
9. A letter from Leo Murphy requesting deferment of the assessments was
also noted by the City Council.
The staff clearly indicated in writing to the affected property owners
and also at the hearing that objections that would be submitted by any
affected property owner must be submitted in writing during the course of the
hearing and also that certain objections could go to the Assessment Committee
for possible recommendation or resolution. The staff reviewed with the
Council the amounts of the proposed assessments and the method of determining
benefit to the property. After considerable discussion, Egan moved, Smith
seconded a motion to continue the assessment roll as to those parcels where
written objections were filed by property owners to the September 7, 1982,
City Council hearing at 7:00 p.m. to be held at the City Hall; further that
the assessment hearing regarding the balance of the parcels proposed to be
assessed be closed and that the staff be authorized to certify the roll
covering those parcels to the Dakota County Auditor for collection. All voted
in favor. It was noted that there were 161 parcels included in the assessment
roll.
ST. FRANCIS WOOD 2ND ADDITION STREET PROJECT #30TB
The Mayor then convened the final assessment hearing covering the street
assessments in St. Francis Wood 2nd Addition under Project #307B. There were
no objections to the roll and Wachter moved, Smith seconded a motion, all
voted in favor to close the hearing, approve the roll, and order its being
certified to the County of Dakota for collection. All voted in favor.
M
00184
Council Minutes
July 20, 1982
KILLDEER ADDITION STREET
The Mayor then convened the assessment hearing regarding Improvement
Project #327B covering street improvements in Killdeer Addition. There were
no objections to the project and after explanation Smith moved, Wachter
seconded the motion to close the hearing, to approve the roll to be spread
over five years at 12.5% interest and authorize the staff to certify the roll
to the Dakota County Auditor. All voted yea.
CHES MAR EAST 4TH ADDITION STREETS -- PROJECT #328B
The Mayor convened the hearing regarding special assessments for street
improvements in Ches Mar East 4th Addition under Project #328B. Noting there
were no objections, Egan moved, Wachter seconded the motion, all voted in
favor to close the hearing, to approve the roll to be spread over a five year
period at 12.5% interest on an annual basis and authorize the staff to certify
the roll to the Dakota County Auditor for collection. All voted yes.
CEDAR CLIFF 2ND ADDITION STREETS -- PROJECT #329B
The next assessment hearing convened by the Mayor regarded Project #329B
covering Cedar Cliff 2nd Addition streets. There were no objections and after
explanation of the assessments, Wachter moved, Thomas seconded the motion to
close the hearing, to approve the roll as presented covering five years at
12.5% interest, and authorize the staff to certify the roll to the County
Auditor for collection purposes. All voted yea.
PARATRANSIT COMMITTEE REPORT
Mr. Hedges indicated that Ed Brunkhorst and Betty Schaumberg, the Eagan
members on the Joint Paratransit Committee, were present and would be making
comments concerning the report submitted by the consultants for two of the
cities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount and Savage.
Copies of the report had been distributed to the Council, and Mr. Brunkhorst
went into detail and reviewed the proposals and findings of the report. He
stated that both he and Betty Schaumberg felt that the ridership estimates are
very high, that they identify 12,000 children in the survey but not other age
groups, that there is excessive ride time for participants, and the estimated
subsidy of $206,000 for the first year and $151,000 thereafter was discussed.
He stated certain transit needs are now being met and that there may be other
groups that may utilize, organize and operate such a system. He recommended
that the report be accepted as a study and that the inaccuracies noted without
any further action regarding the report. After questions and discussion,
Wachter moved, Smith seconded the motion to accept the report as recommended
and that the City and the other neighboring cities use the report as necessary
in the future, and further to commend both Mrs. Schaumberg and Mr. Brunkhorst
for their diligent work over the past two years as Eagan representatives on
the committee. All voted in favor.
0
00185
Council Minutes
July 20, 1982
KINGSWOOD ADDITION WATER LATERAL BENEFIT
Mr. Hedges explained to the City Council the findings of the staff re-
garding a proposed assessment for water main purposes against the Kingswood
Addition. Mr. and Mrs. James Horne were present and it was noted that the
August 21, 1973, report covering Project #131 discussed the water assessment
on Kingswood Road. The recommendation of the Assessment Committee was also
noted. Mr. Horne explained to the Council his position that Outlot 3 be
assessed for 256.76 feet when connected at the then going rate and that 128.1
feet be assessed against Lot 6, which he indicated was the amount intended by
the City Council in 1973 when the project was installed. He stated that his
main objection was the amount of the assessment and the assessment on the east
side of Outlot 3. Mr. Colbert stated that all lots have access to a water
main and the 1973 report indicated that at the time of connection of any
additional lot that the balance of the lots would then be assessed. There was
a question of duplication of assessments on Coronation Road because of a
lateral installed by the developer and after an extremely lengthy discussion,
Smith moved, Egan seconded the motion, to defer the water lateral assessment
from trunk on Pilot Knob Road until the lateral service is connected for Lots
1 and 2 and also Outlot 3 on Pilot Knob Road; further, that Lot 6 and Outlot 3
be assessed on Kingswood Road at the rate of 256.76 feet and the full frontage
on Lot 6 with the understanding that the balance of the assessments on Lot 3
running westerly on Kingswood Road would be assessed at the time of extension
of the water main; further, that a water connection permit be acquired for the
current connection and that Lots 3 through 10 be deleted from the proposed
assessment roll until there is a direct benefit acquired by each of those lots
from City installed lateral water main. All voted in favor.
DAKOTA COUNTY PLAT #1 -- COUNTY COURT JAIL FACILITY
The application by Dakota County to amend the planned development and for
preliminary plat approval of Dakota County Plat #1 in Mission Hills Planned
Development was then presented. Jeff Connell, the Dakota County Planner, and
Jim Backstrom of the Dakota County Attorney's office were present. Mr.
Connell explained the proposal and it was noted that the Advisory Planning
Commission recommended approval at its June 22 meeting subject to conditions.
One change to the proposal showed the entire right -of -way of Rahn Road would
be acquired and the road along the south line also would be provided, which
right -of -way will be acquired during the platting process. It was suggested
by the applicant that the Council approve the final plat subject to the
acquisition of all necessary right -of -way. Egan moved, Wachter seconded the
motion, to approve the amendment to the Mission Hills Planned Development and
the preliminary plat of Dakota County Plat #1 conditioned upon the acquisition
of the right -of -way on Rahn Road and on the south line of the property by the
County prior to final plat approval and further it was suggested that Rahn
Road be extended directly south as development occurs; further, subject to the
following conditions:
2
Council Minutes
July 20, 1982
0018G
1. The plat be subject to the Dakota County Plat Commission's review
and comments because it abuts a County road.
2. A development agreement shall be completed prior to the final plat.
3. A detailed landscape plan shall be required and reviewed prior to
the submission of the final plat.
4. The southerly extension of Rahn Road and the public street along the
southern boundary must be ordered for improvement by Council action prior to
final plat approval.
5. Sufficient right -of -way to incorporate the public street
construction referenced above must be acquired prior to or dedicated as a part
of the final plat.
6. The internal storm water pond must incorporate a ponding easement of
sufficient area and capacity to provide 4.5 acre feet of storage capacity at a
controlled outlet elevation of 906.2 and a maximum 100 -year flood elevation of
914.o.
7. A detailed grading and drainage plan must be approved by staff prior
to final plat application.
8. All necessary drainage and utility easements must be dedicated as
a part of the final plat.
9. This development shall accept its financial responsibility for trunk
area storm sewer assessments and lateral benefit from trunk water main as
determined by the rates in effect at the time of the final plat.
All voted yes.
SEE PLAT FILE
The Council then discussed the request of the County for waiver of fees
in the amount of $250 for the new courthouse facility. Noting that the City
has not been waiving fees under similar circumstances except for the library,
Wachter moved, Egan seconded the motion to deny the request for waiver of
fees. All voted yea.
7
00187
Council Minutes
July 20, 1982
EAGAN HEIGHTS COMMERCIAL PARK REZONING
The application of Federal Land Company for rezoning from R -4, LB, and
CSC to Planned Development for Eagan Heights Commercial Park at the southwest
corner of Yankee Doodle Road and Lexington Avenue was then brought before the
Council. Mr. Hedges introduced the application and noted the Advisory
Planning Commission recommended approval at its June 22 meeting subject to
numerous conditions. He reviewed the questions raised by the City Council at
its July 6 meeting and additional written reports were submitted in the packet
to the Council. No further information was found accompanying the 1968 appli-
cation by Gerard Minea to rezone the property nor was there any official
action concerning an alleged proposal for a 10 -acre ballfield site on the
property for park purposes. The Park Committee recommended a connecting trail
link from the Eagan Heights Addition north of Duckwood and also recommended a
cash dedication for additional park purposes.
Colbert stated that the first phase of the project could be handled by an
internal storm sewer system with the second phase _to require ponding use on
the north side of Yankee Doodle Road.
Carl Dale, Martin Colon and others were present for the applicant. Mr.
Dale indicated that there would be a meandering trail along the south line of
the property; that the developer agrees to link the internal trail system to
the City trails, and that all Park Committee recommendations are agreed upon
by the developer. There would be no greater than 20% lot coverage; the open
space would be subject to City approval as the development progresses; that
the sliver of land that had been questioned would remain Limited Business and
not be expanded to CSC; the developer agreed that Area 6 would remain R -4 use
and there would be no change and that the overall density would comply with
City Ordinance requirements. It was proposed that there would be a 7 to 10
year development period, the City would review all uses and site plans, and
that a 650 foot buffer north of the existing R -1 area be included in the
Planned Development to exclude specified uses. The developer also recognized
the need for a conditional use permit for any building over three stories.
Mr. Dale stated that the R -4 area will be reduced by about 17 acres to a total
of about 16 acres.
A number of neighboring property owners were present and had comments
concerning the height of the building and had objections to motel use. Steve
Klein was concerned about the need for active park land and also for the storm
drainage system from the parcel. It was noted the internal pond could be
increased in size to add additional runoff. Mike Wold was concerned about the
630 -foot buffer and the types of units permitted with Mr. Dale noting that
only office and retail would be allowed but only office is being proposed.
John Klein stated that his understanding was that the Park Committee had
required a trail through the area and also active park land. It was noted the
Park Committee is now recommending active park land to the south. Martin
Colon indicated that the property owner would dedicate land when each plat is
submitted as requested by the Park Committee according to City requirements.
After extended discussion, Smith moved, Thomas seconded the motion to approve
the application subject to the following:
9
010188
Council Minutes
July 20, 1982
1. That there be provision for 650 foot area north of the R -1 zoned
Duckwood Estates limiting the uses within that area.
2. That the R -4 zoning be retained in area 6.
3. That the Council consider the uses of all surrounding property in its
determination concerning the application.
4. It is also understood that the sketch plan would not be acceptable
with the specific comments about the inclusion of high -rise buildings noting
that a conditional use permit is required.
5. A Staging Plan shall be submitted.
6. Prior to final approval of Planned Development Zoning by the City
Council, a Comprehensive Plan amendment should bp obtained from the Metro
Council.
7. The Environmental Assessment Worksheet should be approved by the City
and applicable agencies prior to the rezoning of this property.
8. An analysis of the traffic generation information should be obtained
from the Dakota County Highway Department prior to the rezoning.
9. A Planned Development Agreement shall be executed as provided by City
Ordinance No. 52 prior to the final rezoning of this property. The developer
has proposed that this Planned Development would exist for a period of 10
years. In addition, the Planned Development Agreement, which has been stan-
dardized by the City, would provide for such matters as street dedication,
development of sidewalks and trails and similar considerations and would also
include the exhibits as submitted which would become a part thereof.
10. The Developer shall be required to dedicate an easement to the City,
as illustrated on the "sketch plan ", for a trail connection between the
Duckwood single family area and City's Deboer Park area. This shall be de-
tailed in the Planned Development Agreement.
11. County Road #28 (Yankee Doodle Road) and County Road #43 (Lexington
Avenue) shall be scheduled for upgrading to their ultimate design section
prior to approval of Phase 4.
12. The abutting portion of Denmark Avenue shall be installed coinciden-
tal with Phase 1 and /or Phase 4 respectively.
13. A 60 to 70 foot half right -of -way shall be dedicated for County Road
28 and County Road 43 as determined by Dakota County Highway Department.
W1 x.89
Council Minutes
July 20, 1982
14. A 75 to 80 foot internal right -of -way shall be required for the
looped collector street. All other internal streets will require a 60 -foot
right -of -way dedication.
15. This development will be responsible for the acquisition /dedication
of the half right -of -way necessary to install Denmark Avenue when required by
this development.
16. A ponding easement incorporating the 885.0 elevation will be re-
quired adjacent to O'Leary Lake. Also, a ponding easement incorporating the
906.0 elevation will be required for the internal ponding area (D -y).
17. All other required drainage and utility easements shall be dedicated
as determined by the staff.
18. A ponding easement for Pond DP -5 shall be dedicated to the City
prior to the development of the second or subsequent phases.
19. An 8 -foot bituminous trailway shall be constructed along the north
and east boundaries adjacent to Yankee Doodle Road and Lexington Avenue.
20. A 5 -foot concrete sidewalk shall be constructed along the west
boundary of Denmark Avenue and adjacent to the internal looped collector
street.
21. A trailway shall be constructed adjacent to O'Leary Lake in accord-
ance with the recommendations of the Park and Recreation Committee.
22. This development shall assume its assessment responsibility as
determined by the City assessment procedures associated with the installation
of trunk utilities in accordance with the zoning and rates in effect at the
time of final platting.
23. This development shall assume its assessment responsibilities asso-
ciated with the upgrading of Yankee Doodle Road (County Road 28), Lexington
Avenue (County Road 43), and /or Denmark Avenue as necessitated by the phased
development of this PUD.
24. Internal driveway entrances onto the internal looped collector
street shall be at locations as approved by the staff.
25. Adjacent to the R -1 zoning provide:
a. 100 -foot minimum setback for buildings and parking.
b. Berming for visual separation of building and parking.
c. Evergreen planting in the above - described buffer zone by the end
of the second phase of the development plan.
10
0 "1190
Council Minutes
July 20, 1982
26. Any buildings over three stories in height shall be permitted only
by application and compliance with Ordinance No. 52.
27. Preserve all existing ponds with the understanding that the small
pond to the southwest will be considered in the detailed grading plan for that
phase of development.
28. Lighting design shall ensure compatibility with residential neigh-
borhoods.
All members voted in the affirmative.
R 82 -32
ST. PAUL PIONEER PRESS VENDING MACHINES
Mr. Hedges introduced the subject regarding the application of St. Paul
Pioneer Press /Dispatch for a special permit for location of newspaper vending
machines in the City. It was noted that the City Council discussed the matter
on June 15 when newspaper representatives were present and action had been
taken regarding permit fees and recommendations that the newspaper submit an
application for special permit approval. The Council again reviewed the issue
on July 6 and it was noted that of eleven locations determined by the City
staff to be unsafe and hazardous locations, that all vending machines had
either been removed or moved to other locations. Newspaper representatives
were present including James Delano and the attorney for the newspaper,
Michaela Maenner. An application has been submitted for special permit
approval but the representatives objected to the $500 maximum fee for all
machines located within the City and recommended a $50 permit fee be the
maximum fee for all vending machines. It was further noted that written and
telephone objections have been received by the staff and City Councilmembers
concerning the location of the machines including their hazardous and unsafe
locations and the unsightliness of the vending machine boxes. It was noted
the staff had been on the site of the vending machines at least two times and
that considerable time had been spent by the staff in policing the locations.
It was anticipated that there would be regular inspections required including
processing of applications in the future, thus the reason for the maximum $500
fee with the understanding that each additional vending machine would require
an additional $50 permit fee. In effect, with 50 boxes each would be $10 per
year or approximately $.03 per vending machine per day. Egan then moved,
Thomas seconded the motion to approve the application for special permit
conditioned upon the compliance with the City ordinance including the submis-
sion of the fee determined by the City Council for vending machine purposes
based upon the reasons cited above. All voted yea.
11
Council Minutes
July 20, 1982
WATER TREATMENT PLANT
A second public hearing was held on July 13, 1982, to consider the
construction of a water treatment plant for the purpose of iron and manganese
removal. Extensive studies have been held including preliminary report and
cost estimates with publicity by city -wide newsletters and the local newspaper
together through press releases over the past year. It was noted at the July
13, 1982, meeting that 50 persons were present with only one objecting and 49
favoring the construction of the plant. One property owner was present at the
current meeting indicating the Council had decided in March to have another
survey and objected to the fact that the Council decided to proceed without an
additional survey. Many other persons were present at the meeting and favored
construction of the plant. After further discussion and review of the re-
port, Wachter moved, Blomquist seconded a motion to authorize the firm of
Bonestroo, Rosene, Anderlik & Associates to finalize the study covering alter-
natives for the construction of the water treatment plant and further that the
City Council and Public Works Director view other City water treatment plants
in order to acquire additional cost and technical information regarding a
quality facility; all according to the Resolution, a copy which is filed as
Resolution # 82 -33 ; all voted in favor.
R 82 -33
BANK DEPOSITORY
Tom Hedges has noted that the City has received a request from First Bank
Minnehaha that it be included as a bank depository for checking and payroll
which is now a combined activity with MidAmerica National Bank of Eagan.
Representatives of both MidAmerica and First Bank Minnehaha - Eagan were
present and several options were discussed including maintaining the status
quo and retaining all checking and payroll operations with MidAmerica Bank of
Eagan; to separate the current checking accounts on a negotiated basis or to
advertise for bids for banking services. It was noted about 19 banking insti-
tutions are being used for deposit purposes. Councilman Smith stated that it
was his understanding that MidAmerica Bank has been offering good service at a
reasonable cost and saw no reason to change. Wachter moved, Egan seconded the
motion to direct the staff to investigate the services of each of the two
banks and to report back to the City Council., including any costs incurred by
the City for services at either bank. All voted in favor except Smith who
voted no.
12
O C 1.x.:6 F
Council Minutes
July 20, 1982
NORTHWESTERN NATIONAL BANK DRIVE -OP BANK MACHINE
The application of Northwestern National Bank for conditional use permit
for an instant cash machine at the Cedarvale Shopping Center was then con-
sidered by the City Council. The Advisory Planning Commission at its June 22,
1982 public hearing recommended approval, subject to certain conditions.
Thomas Hallbauer appeared for the applicant. He stated that the machine would
be automatic without a staff person; that it would be 10 feet high and that it
is located within an existing berm in the Cedarvale Center. Councilman Smith
objected to the location within a berm which had been required by the City
Council some years ago, and intended for landscaping purposes. He suggested
that another location within the Shopping Center parking lot be designated for
the drive up machine. Smith moved, Egan seconded the motion to deny the
application because of the location within the berm and the fact that the
current landscaped area is requested to be used for the machine locations.
All voted yea.
NORTHVIEW MEADOWS PRELIMINARY PLAT
The application of Sienna Corporation for rezoning from R -3 Planned
Development to allow 65 single family lots and 84 duplex lots and preliminary
plat approval of Northview Meadows was then considered by the Council. The
Planning Commission had recommended approval at its June 22, 1982 meeting
subject to numerous conditions. Rod Hardy of Sienna Corporation, Mr. Brzinski
of Suburban Engineering and Marshall Oaks of Ruscom Homes were present. Mr.
Hardy indicated that the revised proposal would include 104 single family
units and 64 duplex units on the 52 acre parcel. The duplex units would be
6,000 square foot minimum with the single family approximately 7 square
foot minimums, noting the reduction in the current zoned requirements. The
net density would be 4.9 units per acre with a gross density of 3.9 units per
acre. A storm water runoff proposal has been prepared and the request was
that the City construct the trunks but the developer would construct the
street and utilities on the site privately. The northwest pond would be used
temporarily for ponding purposes and possibly could be eliminated in the
future, depending on the City's requirements. Mr. Oaks explained on behalf of
the proposed developer, the current need is for single family homes of a
smaller variety. He stated that the average size would be 850 square feet per
unit with a minimum of 800 and a maximum of 1,000 square feet per unit. Mr.
Wachter suggested that all storm ponds be made permanent to recharge the
ground table. There was discussion concerning cul de sacs on the north end
and a revision would provide for only one cul de sac. It was recommended the
eyebrow be eliminated on Trenton Trail and that the City Council allow front
yard variances to accomodate the elimination of the eyebrow. Gary King, a
neighboring owner and several other owners were present and asked if precedent
would be involved if lot sizes are cut down. Mr. Hardy stated that this
provides for a reduction in density and that the property is zoned for R -3
use. There would be provision for double driveway and double attached garage
and all units would have basements. After discussion, Thomas moved, Smith
seconded the motion to approve the application as revised with the following
conditions:
13
00193
Council Minutes
July 20, 1982
1. That the eyebrow on Trenton Trail be eliminated and variances be
allowed for setback purposes.
2. That the Council approve 104 single family units and 64 duplex
units.
3. No setback variances or lot coverage variances should be granted on
any lot except for topographic or vegetation hardships.
4. An amendment to the Lexington South Planned Development shall be
prepared prior to final plat approval.
5. The plat shall be subject to Dakota County Plat Commission's review
and comments because the plat abuts a County road.
6. A blanket variance or deviation shall be allowed to create the
smaller single family and duplex lots in accordance with the planned develop-
ment.
7. All easements shall be dedicated as requested by City staff.
8. The existing 20 inch trunk water main on the south side of County
Road 30 must be extended to the east line of this proposed development and
have a southerly extension through this development for its ultimate connec-
tion to the existing 12 inch trunk water main located on Wilderness Run Road.
9. Wescott Hills Road shall be constructed between Braddock Trail and
Trenton Trail.
10. Brandywine Circle South shall be shortened to conform to the maximum
length of 550 feet.
11. The location and elevations of the stub street to the undeveloped
property to the east shall be reviewed and approved by staff prior to final
plat approval.
12. The northerly two cul -de -sacs in the northeast corner shall be
eliminated through their extension and connection with each other and the
Third cul -de -sac may be eliminated if it fits with a reasonable plan.
13. All public rights -of -way must have a minimum width of 60 feet with
the exception of Wescott Hills Road which must have an 80 foot right -of -way
dedicated adjacent to this plat. A minimum 60 foot half right -of -way must be
dedicated for County Road 30.
14. Sufficient easements must be acquired to provide for the trunk water
main extension along County Road 30. In addition, sufficient utility ease-
ments must be acquired to provide for a connection of this development to
Wilderness Run Road.
14
06194
Council Minutes
July 20, 1982
15. An 8 foot bituminous trailway shall be constructed along the south
side of County Road 30 from the northeast corner of this proposed plat to
Northview Elementary School.
16. The necessary easements incorporating the proposed ponding area in
the center of this plat of sufficient size and capacity as dictated by the
internal storm sewer design must be dedicated as a part of the final plat.
17. This development shall accept its trunk area storm sewer, lateral
benefit from trunk water main and all other assessments associated with the
installation of streets and utilities necessary to service this development as
a condition of final plat approval.
18. Wescott Hills Road street name shall be clarified so as to avoid
confusion with Wescott Hills Drive North.
Blomquist then moved, Egan seconded the motion to amend the motion to
allow the developer the right to determine whether it is feasible to change
the R -2 uses to R -1 at the time of the submission of the final plat. It was
noted that Councilman Egan voted in favor of the Northview Meadows Preliminary
Plat application because it would reduce density by reducing the single family
lots. All voted in favor of the amendment except Wachter and all voted in
favor of the main motion as amended, except Wachter. R 82 -34
JOHNNY CAKE RIDGE ADDITION - SETBACK VARIANCE SEE PLAT FILE
The application of Orrin Thompson Homes for one foot variance from 10
foot side lot setback requirement for Lot 16, Block 2, Johnny Cake Ridge
Addition was considered by the Council. Tim Kytonen of Charles Winden &
Associates was present and explained the proposal. The Advisory Planning
Commission recommended approval, noting the need to clean up the construction
site on Cliff Road. Wachter moved, Thomas seconded the motion to approve the
application for one foot setback variance, conditioned upon the cleaning of
the Orrin Thompson Homes construction site on Cliff Road and moving it farther
south to the staff's satisfaction the following:
1. No other variances shall be granted for the lot or the house.
2. That all other applicable ordinances must be followed.
All voted yes.
MOBILE MANUFACTURED HOME ORDINANCE REVISION - ORDINANCE #52
A proposed amendment to Ordinance No. 52 regarding Mobile Manufactured
Homes approved by the Advisory Planning Commission on June 22, 1982 was sub-
mitted to the Council for discussion. It was noted the Minnesota Legislature
has mandated provisions in the Zoning Ordinance and that it will become effec-
tive August 1, 1982. Staff recommended approval and there were no objections.
Thomas moved, Smith seconded the motion to approve the amendment to Ordinance
No. 52 as presented and order its publication. All voted yes, except
Wachter who voted no.
SEE ORDINANCE FILE
15
00195
Council Minutes
July 20, 1982
LAKE PARK ADDITION - HELICOPTER PAD
The City has received a complaint from the owner and developer of the
Lake Park Addition, J. E. Parranto & Associates, Inc., regarding a helicopter
pad presently located partially on one of the lots, or adjacent to lots in
Lake Park Addition. The helicopter is operated by John F. Cedarberg, who owns
a parcel that is an exception to the Lake Park lot and the developer has
explained that it is a deterent to the sale of lots and of concern to resi-
dents in the area. The City Attorney discussed certain aspects of the heli-
copter use and indicated that it may be in violation of the Eagan Zoning
Ordinance, it may create a nuisance for the area unless specifically licensed
and approved, and it may be in violation of any licensing requirements for
helicopter pads. Mr. Cedarberg was present and indicated that the helicopter
has been there intermittently over the past 30 days and that he has acquired
no permit for the location. Mark Parranto also appeared and stated he ob-
jected and that the helicopter had been parked on neighboring property several
times. It was also noted that Mr. Cedarberg may be operating a business on
the location, as he explained. After review, Egan moved, Smith seconded the
motion that the staff instruct Mr. Cedarberg to remove the helicopter within
ten (10) days and if the helicopter is not removed, that the staff then would
proceed with the necessary steps, including prosecution through MnDOT, Dakota
County or the City, as necessary to effect the removal of the helicopter,
based upon the fact that the helicopter pad is not licensed according to state
requirements; that it is a nuisance for other owners and residents in the
area; that it is not an approved use in the subdivision and that it is creat-
ing safety, health and welfare problems in the area. All voted in favor
except Thomas who voted no.
CINNAMON RIDGE 31D ADDITION FINAL PLAT
The City received an application for final plat approval from Cinnamon
Ridge 3rd Addition and the staff recommended approval. Steve Ryan was present
and stated that there was no pipeline that will interfere with the project as
had earlier been questioned. Several neighboring property owners were present
and had concerns about the pipeline, about the berm that was provided to be
built along the freeway and also recommended that the berm that was provided
be built along the freeway as included in the original plan. Mr. Ryan stated
the berm will be built as proposed. Smith moved, Egan seconded the motion to
approve the final plat, subject to compliance with the City Ordinance require-
ments. All voted in favor.
R 82 -35
SEE PLAT FILE
BURNSVILLE /EAGAN CABLE COMMISSION UPDATE
Mr. Hedges gave a very brief update on the BECC activities to date. No
action was taken.
16
00196
Council Minutes
July 20, 1982
IMPROVEMENT #82 -7 - CINNAMON RIDGE 3RD ADDITION
STREETS & UTILITIES
The plans and specifications for Improvement #82 -7 regarding streets and
utilities in Cinnamon Ridge 3rd Addition have now been presented for approval
to the City Council. The staff recommended approval. Smith moved, Thomas
seconded the motion to approve the plans and specifications and to authorize
the Clerk to advertise for bids to be opened on Monday, August 16, 1982 at
10:30 a.m. at the City Hall. All voted yes.
IMPROVEMENT #82 -6 - WELL NO. 7
Mr. Colbert presented the four bids on Deep Well No. 7 under Improvement
Project 358, City Contract No. 82 -6 and noted that no bids were submitted for
the alternative providing for rotary drill for the well. It was recommended
that the low bid be approved because it was considDrably under the estimated
cost and that the Council will determine in the future whether to proceed with
the other wells. Smith moved, Wachter seconded the motion to receive the bids
and to award the contract to Keys Well Drilling Co. in the amount of
$96,542.00. All voted yes.
CONTRACT #82 -8 - 1982 SEAL COATING
The staff recommended to the City Council that the bids that have now
been received be accepted including alternates No. 1 and No. 2, noting that
0.8 miles of gravel road to be double seal coated was included in the cost
estimates amounting to $16,169.76. It was recommended that the low bid of
Allied Blacktop Company in the sum of $130,000.66, including alternates 1 and
2 be approved. Smith moved, Wachter seconded the motion to approve the recom-
mendation and award the Contract. All voted in favor.
WORKER'S COMPENSATION AND GENERAL LIABILITY INSURANCE
Mr. Hedges indicated that the City has now received a bid through Valley
View Insurance Company for Worker's Compensation and General Liability noting
that the only increases for Worker's Compensation was due to the hiring of
additional employees budgeted in 1982. Staff recommended approval of the
entry into the insurance contract. Egan moved, Wachter seconded the motion to
approve the renewal of the Worker's Compensation and General Liability Insur-
ance for 1982 -83 with Valley View Insurance Company in the sum of $104,126.00
and other insurance carriers covering various casualty policies for the City.
All voted in favor.
17
00197
Council Minutes
July 20, 1982
INDUSTRIAL REYBNU FINANCING - LETTER OF CREDIT
The Council again reviewed the earlier request that the Council amend its
industrial revenue financing policy to authorize the use of letters of credit
for additional security and provide for public offering of industrial revenue
bonds. The council only allows private placement of such industrial revenue
financing. A letter from Miller & Schroeder dated July 9, 1982 was reviewed
and an explanation of the financing was given by Roger Winges of Juran &
Moody. Mr. Winges stated that letters of credit are used as a guarantee by a
Bank for as long as the letter of credit is in existence and in the event of
default, the bank will assume the position and will guarantee the payment to
the bond holders. The rating used is the bank's bond rating. It was noted
that the Comptroller of the Currency is reviewing the letter of credit method
and no decision has been made in that respect. After discussion, Smith then
moved, Thomas seconded the motion to amend the Eagan Industrial Revenue policy
to allow for public sales of industrial revenue bonds with incentive letters
of credit with the understanding that the City Fiscal Consultant will review
and make recommendations as to each such bond issue application. All voted
yes. +
RIVER HILLS 9TH ADDITION
Dick Becker and others from River Hills 9th Addition appeared and indi-
cated that the residential owners in the subdivision are now experiencing very
serious noise problems from Trunk Highway #77 because trees have been cut down
by the Power Company along the berm on the Trunk Highway #77 allignment. They
asked for assistance from the City Council requesting the Minnesota Department
of Transportation to provide an adequate berm to substantially reduce the
noise impact on the River Hills 9th Addition. The Staff was requested to
investigate the issue and make contacts with MnDOT reqarding the proposal.
ANNUAL PERMITS FOR SETUPS AND 3.2 BEER
The staff was requested to investigate further the request of St. John
Neumann Parish for the adoption of an ordinance providing for a consumption
and display set up license on a temporary basis and also, the suggestion that
temporary 3.2 beer licenses be issued on an annual basis. A proposal will be
submitted to the Council.
PILOT KNOB SHOPPING CENTER - OFF -SALE LIQUOR LICENSE
A letter from Kraus Anderson Realty Company requesting that the City
Council authorize representatives of Kraus Anderson to appear before the
Council to explain reasons for the revision to its off -sale liquor license
policy to provide for an MGM Off -Sale Liquor store in the Pilot Knob Shopping
Center was discussed. The Councilmembers indicated that they did not see any
change in conditions and it had already turned down the request at an earlier
meeting when representatives of MGM Warehouse were present at the meeting.
18
Council Minutes
July 20, 1982
PROJECT #353 - T.H. #55 UTILITY REVISIONS
00198
Mr. Colbert indicated that bids had been received for salvaging the
existing water main presently in place on Trunk Highway #55 but that it was
determined to be economically unfeasible to try to salvage the old water main.
Therefore, he requested the Council authorize the execution of an addendum to
the Cost Participation Agreement with MnDOT to cover this change. Upon motion
by Egan, seconded Wachter, it was resolved to approve the Resolution deleting
the salvaging of water main material under Project 4353, MnDOT Cost Participa-
tion Agreement No. 60740, and authorize the Mayor and City Clerk to execute
the Resolution. All voted yes. R 82 -36
TOMARK SECOND ADDITION - PARK FEE REQUIREMENT
Representatives of Landteck Corporation, the developer of Tomark Second
Addition appeared and again requested that the City Council defer the require-
ment that the park dedication fees be paid at the time of the final plat
approval of the Second Addition, but they be paid at the time of the acquisi-
tion of the building permits. The City Council had authorized the deferment
provided that a letter of credit be posted. The representatives indicated
that a letter of credit would be no different than paying the fees up front
and that in light of their very serious economic plight, that the Council
authorize the deferment without a requirement of a letter of creidt. Council
members indicated that a very serious precedent could be set and it would not
change its previous resolution regarding the request. No action was taken.
CHECKLIST
Wachter moved, Thomas seconded the motion to approve the following
Checklist dated June 30 and July 20, 1982
All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 1:15 a.m.
All voted yea.
PHH
Secre Vy
19