08/17/1982 - City Council Regular00224
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 17, 1982
A regular meeting of the Eagan City Council was held on Tuesday, August
17, 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 and City Attorney
Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the Agenda as pre-
pared. All voted yes.
Upon motion by Smith, seconded Wachter, it was resolved that the Minutes
of the August 3, 1982 regular meeting of the City Council be approved with the
exception that on page 10 regarding building permit revision to the Ordinance,
that Thomas moved, Egan seconded the motion and that Wachter abstained. All
voted in favor.
PARK COMMISSION
Ken Vraa appeared and reviewed with the Council the notification by the
State Park and Recreation Grant Section that the City has received preliminary
approval of its grant application to build athletic facilities on the recently
acquired park land in Rahn Park. The fifty per cent matching grant, if
approved, would be $78,979.00 from state funds. Final grants are due by
October 1, 1982. Mr. Vraa requested approval to prepare the necessary docu-
ments and submit the final application and also authorize the hiring of a Plan
Consultant to prepare the necessary site plans required on the application at
an estimated cost of $2,000.00. Smith moved, Egan seconded the motion to hire
Irrkila & Associates to prepare the design plan at a maximum cost of $2,000.00
and also to approve the preliminary grant and authorize the staff to prepare
the necessary documents and submit the final application. All voted yes.
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PUBLIC WORKS DEPARTMENT
Public Works Director Tom Colbert reported:
1. Dodd Road Dust Control. Mr. Colbert stated that residents on Dodd
Road, south of Cliff Road, had complained to staff concerning dust problems on
Dodd Road. He stated the City has expended its 1982 budget for oil applica-
tion for dust control and estimated that it would cost approximately $950.00
to oil that segment of Dodd Road. There was considerable discussion by
councilmembers concerning the need for oiling other gravel roads in the City
but the budget funds have now been depleted and no action was taken.
2. Wescott Road - Speed Limit. A letter was received from a resident
on Wescott Road, requesting that Wescott Road be restricted from truck traffic
and the speed limit be reduced to 30 miles per hour east of Lexington Avenue.
Mr. Colbert stated that it was his understanding there is no truck traffic by
large trucks on that segment of Wescott Road. Egan moved, Wachter seconded
the motion to post that portion of Wescott Road at a maximum of 30 miles per
hour and also "No Trucks ". All voted in favor.
3. W ilderness Run Road Stop Sign. A letter was received from a resi-
dent of Wilderness Run 2nd Addition objecting to the stop sign placed on
Wilderness Run Road and Wilderness Run Drive. No action was taken.
CONSENT AGENDA
The staff recommended implementation of the following consent agenda
items:
1. Appointment of Primary Election Judges. The City Clerk has adver-
tised in the Chronicle for City -wide election judges for the primary election
September 14, 1982 and recommended that the list of judges submitted in the
packet be approved. D 82 -14
2. St. John Neumann Church - 3.2 Beer License. The request from Pamela
Wold for temporary 3.2 beer license for the annual fun fair held in the
parking lot of St. John Neumann church on September 11 and 12, was recommended
for approval.
3. Contract #82 -8 - Change Order #1 - 1982 Seal Coating. The Council
approved the 1982 Seal Coating Contract on July 20, 1982 and the low bidder
was Allied Blacktop which was $130.000.66. The City was able to negotiate a
deduct of $7,411.14 and additional deduction to $109,883.57. The Public Works
Department recommended that the approximately $8,000.00 in savings be held in
reserve to pay for any future seal coat repair work and that Change Order #1
to Contract #82 -8 for a total deduct of $9,882.40 be approved.
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4. Project #327A - Killdeer Addition - Utilities. The final assessment
roll was recommended to be received and the Council ordered the final assess-
ment hearing be scheduled on September 21, 1982 at 7:00 p.m. at the City Hall.
5. Project #344 - Winkler /Jackso
the final assessment roll for Project
provements in Winkler /Jackson Addition
hearing be scheduled for September 21,
Addition. It was recommended that
#344 consisting of sanitary sewer im-
be accepted and the final assessment
1982 at 7:00 p.m. at the City Hall.
6. Project #323B - Coachman Land Company 1st Addition _ Streets. The
final assessment roll for Project #323B regarding street improvements in
Coachman Land 1st Addition was recommended to be received and that the Council
authorize the scheduling of the final assessment hearing for September 21,
1982 at 7:00 p.m. at City Hall.
7. Project #324B - Safari at Eagan - Streets. It was recommended that
the final assessment roll that has now been prepared for Project #324B be
received by the Council and that the final assessment hearing on the roll be
scheduled for hearing at the City Hall at 7:00 p.m. on September 21, 1982.
8. Project #336B - Tomark 1st Addition - Streets. It was recommended
by the staff that the Council receive the final assessment roll for Project
#336B consisting of street improvements in Tomark 1st Addition and that it
schedule the final assessment hearing for September 21, 1982 at 7:00 p.m. at
the City Hall.
9. Project #340A - Windcrest 2nd Addition - Utilities. It was recom-
mended the City Council receive the final assessment roll for Project #340A
consisting of utility improvements in Windcrest 2nd Addition and that it
authorize the Clerk to schedule the final assessment hearing on September 21,
1982 at the City Hall at 7:00 p.m.
10. Project #341A - W_ indtree 2nd Addition - Utilities. It was recom-
mended that the Council receive the final assessment roll for Project #341A
which consists of utility improvements in Windtree 2nd Addition and that it
schedule a final assessment hearing to be held on September 21, 1982 at 7:00
p.m. at the City Hall.
11. Project #359 - Park Cliff 1st Addition - Storm Sewer Extension. The
staff recommended that the Council receive the final assessment roll for the
Park Cliff 1st Addition storm sewer extension Project #359 and that it order
the City Clerk to advertise for final assessment hearing to be held on Septem-
ber 21, 1982 at 7:00 p.m. at the City Hall.
Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
Consent Agenda items as recommended be approved and authorized to be imple-
mented. All voted yes.
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CITY HALL /FIRE ADMINISTRATION - PROJECT UPDATE
City Administrator Hedges reviewed with the Council the progress con-
cerning the proposed referendum for City Hall /Fire Administration Project
which referendum is now scheduled for September 14, 1982. The City's Archi-
tect has been working with the City staff and Citizens Advisory Committee and
the City Council to determine the planned square footage and in addition,
estimated costs for the proposed improvements. An informational meeting was
held on August 10, 1982. Jack Boarman was present and there was discussion
concerning the proposed construction of a basement for the police building
noting that the current estimated total cost would be $965,000.00. After
considerable discussion, Smith moved, Egan seconded the motion to authorize
$965,000.00 to be included as the estimated cost of the City Hall and Fire
Administration improvements and that the resolution setting the date and
authorizing the referendum, which resolution is attached hereto and made a
part of these Minutes, be approved. All voted yes.
YANKEE SQUARE OFFICE PARR III - IDR BOND FINANCING
Mr. Hedges then reviewed with the Council the application of Federal Land
Company to consider $1,250,000.00 commercial development revenue bonds for
Yankee Square Office Park III project. It was noted that the principal amount
of the bond was proposed to be increased from $1,177,100.00 to $1,250,000.00
and that Briggs and Morgan, the bond counsel, approved the increase. Robyn
Hansen, attorney with Briggs and Morgan was present as was Charles Bartholdi
for Federal Land Company. There were questions asked of both persons con-
cerning the fact that American National Bank is not a rated bank and it was
the understanding of the City Council when it established its policy author-
izing the letters of credit, that banks would be rated that issued the LCs.
Ms. Hansen indicated that at one time the applicant proposed that a rated bank
back up the American National Bank letter of credit, but that additional cost
was not justified. The project covers only one building and there were con-
cerns whether there may possibly be other issues that arise regarding the
letter of credit policy. Representatives of Juran and Moody, at an earlier
meeting, indicated that American National Bank will be rated in the future and
Ms. Hansen stated the issue will be handled similar to a rated issue. She
recommended approval because American National is a well known local bank and
further, that buyers are available to purchase the issue. Mr. Bartholdi
stated that time was of the essence and that it was necessary to authorize the
issuance as quickly as possible. Smith moved, Egan seconded the motion based
upon the representations of the bond counsel and underwriter regarding the
letter of credit approach that the final resolution for the commercial
development revenue bond issue of Yankee Square Office Park III be approved.
All voted in favor except Wachter who voted no.
SEE BOND FILE
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COUNTRYSIDE VILLA - TEMPORARY SIGN PERMIT
An application of Portfolio Properties, Inc. for temporary sign permit
for Countryside Villa Townhouse Project on Gold Trail was next considered.
The application was for a sign on the McDonald property on Silver Bell Road,
according to information received by the City. Egan moved, Wachter seconded
the motion to approve the application contingent upon there being no other
sign for Countryside Villa off the Countryside Villa property and further
contingent upon acquiring consent of the owner of the property where the sign
will be located; further contingent upon there being no wording on the sign
regarding rentals if the homeowners association prohibits rentals. All voted
yes.
JEFF IrIICHAELIS - WAIVER OF PLAT
The application of Jeff Michaelis for waiver of plat to add additional
land to two single family lots consisting of approximately 1.2 acres in
Letendre 2nd Addition was submitted. Mr. Michaelis was present and the Ad-
visory Planning Commission recommended approval subject to conditions. There
were no objections. Smith moved, Wachter seconded the motion to approve the
application subject to the understanding that there would be no further
buildings placed on the lot and subject to the following conditions:
1. All necessary utility easements shall be provided.
2. The City shall retain all existing easements.
3. The newly enlarged lots shall meet all City ordinance requirements.
All voted in favor.
R 82 -39
PHILLIP T. BRANDT - WAIVER OF PLAT - SADDLEHORN ADDITION
The application of Phillip Brandt for waiver of plat and variance to add
additional land to Lot 6, Block 3, Saddlehorn Addition was then considered by
the Council. Mr. Brandt was present and the Advisory Planning Commission
recommended approval subject to certain conditions. It was noted that the
portion to be split included a portion of a 5 acre parcel which would reduce
it to approximately 4 2/3 acres and increase Lot 6, Block 3, to approximately
8/10 of an acre, or 35,000 square feet. There were no objections to the
application and Councilmembers stated, however, that there could be future
problems regarding the sale and use of the 4 2/3 acre residue parcel because
of the acreage restrictions in the City. Mr. Brandt stated that he understood
those issues. Wachter moved, Egan seconded the motion to approve the applica-
tion, subject to the following conditions:
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August 17, 1982
1. The City will retain all existing drainage and utility easements.
2. Right -of -way easement dedication shall be provided as designated by
the City.
3. The newly enlarged lot shall meet all City ordinance requirements.
4. Necessary easements determined by the City shall be provided.
All voted yea.
R 82 -40
KATHY R. FENHAUS - CONDITIONAL USE PERMIT - BEAUTY PARLOR
The application of Kathy Fenhaus for cosmetology business in Townhouse
located at 1640 Cityview Drive was then brought before the Council. Ms.
Fenhaus was present and there were no objections to her application. The
Planning Commission recommended approval, subject to conditions that were laid
out in its Minutes. Smith moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. Hours of operation will be from 8:00 a.m. to 8:30 p.m. only.
2. The only employee shall be an occupant of the household.
3. Customer parking must be on site and limited to two (2) customer
automobiles.
4. There shall be no commercial signs advertising the business.
5. There shall be no over the counter sales of merchandise.
6. All other applicable ordinances must be followed.
All voted in favor.
DUCKWOOD TRAILS PLANNED DEVELOPMENT AMENDMENT
The application of the owner and the developer of Duckwood Trails Planned
Development for amendment of its Planned Development from R -3 to R -4 was then
considered. A letter, however, from Gerald Singer, the attorney for the
Duckwood Trails development owners, was reviewed which requested that the
Petition be withdrawn and no further consideration be taken by the Council at
the present time. No action was taken.
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August 17, 1982
BLACKHAHK OAKS - PRELIMINARY PLAT AND REZONING
The application of Paul R. Larson for rezoning from A (Agricultural) to
PD (Planned Development) to allow townhouse and single family development and
preliminary plat of Blackhawk Oaks consisting of 16 townhouse units and 9
single family lots was brought before the Council. Larry Frank, Architect,
appeared for the applicant, as did Mr. Larson. It was noted that Lynn
Rundquist is the owner of the approximately 13 acre parcel and one single
family home is located on the property at the present time. Mr. Frank dis-
cussed the proposal in detail and it was noted that the Advisory Planning
Commission recommended denial. Numerous neighboring property owners were
present, most of whom objected to the project, primarily the fact that the
townhouse units would be bordering upon the single family to the south. Mr.
Frank displayed several alternates, including access locations to Blackhawk
Park and stated that contacts have been made with the Park Department but no
precise plans for access have been determined at the present time. He further
stated that the developer had met with Cy Barry, the owner to the north, when
he would be willing to authorize the use of the 16 foot private easement on
the south side of the Barry property for extension of Silver Bell Road,
running easterly. Neighbors generally preferred a cul -de -sac rather than a
through street, but the staff recommended that a through street for Riverton
Avenue be included for Fire, Police and safety purposes. There was discussion
as to whether the developer should pay the entire cost of the right -of -way on
the north line and Councilman Smith indicated that there is apparent need for
access to Blackhawk Park. He further stated that it is preferable that the
townhouses be located near the north line of the property, if they are to be
included in the parcel. Mayor Blomquist stated she was concerned about spot
zoning of townhouses and it was her understanding the Council had not allowed
installation of townhouses as a buffer after single family had been built.
Councilman Wachter favored the single family use and Mr. Frank asked for
direction of the Council as to whether the buffer of single family on the
south and townhouses on the north side would be acceptable to the Council.
Some neighbors stated that there was excessive multiple use in the City at the
present time and that they also objected to the density proposed in the
townhouse area. After lengthy discussion, Smith moved, Wachter seconded the
motion to refer the application back to the Advisory Planning Commission for
further review and recommendation, in the event that the applicant revises its
plan and further that the Advisory Park and Recreation Commission first review
the proposed access locations to Blackhawk Park. All voted yes.
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BRITTANY 4TH ADDITION - REZONING & PRELIMINARY PLAT
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William Dolan appeared on behalf of an application for rezoning from R -2
to Planned Development to allow 18 small single family lots and preliminary
plat approval of Brittany 4th Addition. The Eagan Advisory Planning Commis-
sion recommended approval subject to certain conditions. It was noted the 6.7
acre parcel is currently zoned R -2 and 20 units were planned originally on the
parcel adjacent to Johnny Cake Ridge Road. Mr. Dolan was present and stated
that the lot frontages varied from 60 to 63 feet, that there will be 2.96
units per acre density, and the average lot size is about 14,000 to 15,000
square feet per parcel with lots varying from 9,000 to 22,000 square feet.
Nine of the 18 units are under 12,000 square feet and all are below the 85
foot lot frontage required under the single family provision of the ordinance.
The Advisory Park and Recreation Committee recommended that the 30 foot trail -
way on the north be vacated and added to the lots abutting the trailway.
Councilman Egan stated that the proposal would reduce the project by 2 units
and would consist of downzoning but had strong concerns about the lot sizes,
and the frontages of the lots. Egan moved, Thomas seconded the motion to
approve the application, subject to the following:
1. That the land will revert to R -1 zoning in the event of default.
2. That the planned development be completed within two years from the
date of final approval of the planned development.
3. The preliminary plat should be subject to Dakota County Plat Commis-
sion's review and comment because it abuts Johnny Cake Ridge Road.
4. The development agreement shall be signed prior to the final plat of
Brittany 4th Addition.
5. Park dedication shall be provided as recommended by the Advisory
Park Committee.
6. All easements shall be dedicated as requested by City Staff and in
accordance with City Ordinances.
7. All access to the lots shall be provided from the cul -de -sac with no
direct access onto Johnny Cake Ridge Road.
8. An internal storm sewer system shall be constructed with the outlet
constructed to the controlled water elevation of Pond LP -4.
9. A minimum 15 foot utility easement shall be required for the trunk
water main looping to the Johnny Cake Ridge 1st Addition.
10. This development shall accept it's assessment for lateral benefit
from trunk sanitary sewer at the rates in effect at the time of final plat
approval.
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11. Berming and landscaping along the south line, to the City's
approval, shall be installed at developer's expense.
All voted yes. R 82 -41
SEE PLAT FILE
BRITTANY 4TH ADDITION - GRADING PERMIT
The application for grading and excavation permit for Brittany 4th Addi-
tion was, upon motion by Wachter, seconded Egan, approved, subject to compli-
ance with the applicable city ordinance. All voted in favor.
RIVERGATE TOWNHOUSE - BOND ISSUE
Northstar Universal has requested consideration by the City Council to
authorize a housing bond issue with the Minnesota Housing Financing Agency to
convert the Cedar Bluff Townhouses in the Rivergate Townhouse Project from
rental units to homeowner- occupied units. Paul Eckholm of Miller & Schroeder
was present as was Paul Smith for the applicant, and it was noted that a
public hearing is required to be held before September 1, 1982 to properly
consider the request. Certain neighbors were present with questions and
comments but there were no objections. 120 units would be included in the
Cedar Bluff project and 100 units would remain rental units in Rivergate.
Councilmembers indicated that they would favorable consider it only because
there is an excess of rental units in Section 9. Smith moved, Egan seconded
the motion to schedule a public hearing for August 31, 1982 at the Eagan City
Hall at 7:00 p.m. to consider the request for the housing bond issue through
the MHFA. All voted in favor.
SEE BOND FILE
HILLTOP PLAZA FINAL PLAT
The application of James Refrigeration Company for final plat approval
for Hilltop Plaza was then brought before the Council. The staff recommended
approval subsequent to compliance with all City requirements. Councilmembers
expressed their dissatisfaction with the removal of trees along the east line
of the project which were expressly intended to be retained as much as pos-
sible. Harold Peterson with James Hill & Associates appeared on behalf of the
applicant. Egan moved, Thomas seconded the motion to approve the application,
subject to completion of all city requirements. All voted in favor.
R 82 -42
SEE PLAT FILE
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LONE OAK HEIGHTS ADDITION - FINAL PLAT
The request for final plat approval of Lone Oak Heights Addition was next
considered by the Council and recommended for approval. It was noted, how-
ever, that the performance bonds have not been approved by the City staff.
Smith moved, Thomas seconded the motion to approve the application for final
plat subject to compliance with all City ordinance requirements, including
submission of satisfactory financial guarantees, pursuant to the Development
Contract. All voted yea. R 82 -43
SEE PLAT FILE
BURNSVILLE /EAGAN CABLE COMMISSION UPDATE
Councilman Smith briefly reviewed the current status of the BECC and the
meeting that was held on Thursday, August 12, 1982 dealing with evaluation
criteria and priorities explaining how the applicant in the RFP will be judged
by the Commission and the respective cities.
CONTRACT #82 -T - CINNAMON RIDGE 3RD ADDITION
STREETS & UTILITIES
The bids for Contract #82 -7 consisting of street and utility improvements
in Cinnamon Ridge 3rd Addition were received by the City Council on August 16,
1982. The low bidder was Austin P. Keller Construction Company in the sum of
$290,939.30 and it was recommended that the low bid be approved. Smith moved,
Wachter seconded the motion to accept the low bid and authorize the award of
the contract to Austin P. Keller Construction Company as provided above. All
voted yes.
BETTY BASSETT - HANDICAPPED FACILITY - MEADOWLANDS ADDITION
Betty Bassett appeared and discussed with the Council the current zoning
of Lots 101 through 104, Meadowlands 1st Addition. Originally, the land was
intended for a 32- resident intermediate care facility but because of
financing, she has been unable to commence construction. She stated that it
was her hope that the Council would authorize the property to be used for 32
residential units which could include some units designed for the physically
handicapped. The Councilmembers indicated that the Council had approved the
use for intermediate handicapped care facility purposes and part of the parcel
had been used for Shale Lane and the two acres originally provided have now
been reduced. The zoning map indicates R -1. Wachter moved, Egan seconded the
motion to direct the staff to research the issue further and to return with
its findings to the City Council at the September 7, 1982 meeting. All voted
yes.
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CONTRACT #82 -11 - HILLTOP PLALZA - UTILITIES
The final plans and specifications for Contract #82 -11 have now been
received and it was recommended that they be approved and that the Council
authorize the advertising of bids to be opened at 10:30 a.m. on Thursday,
September 2, 1982 at the City Hall. Egan moved, Wachter seconded the motion
to accept the recommendation provided above. All voted in favor.
CEDARVALE TRANSPORTATION ADVISORY COMMITTEE
The Cedarvale Transportation Advisory Committee has been meeting over
recent months and has now recommended to the Council that the Council autho-
rize the installation of a Park and Ride site on the north side of Cedarvale
Shopping Center adjacent to Cedarvale Blvd. Smith moved, Thomas seconded the
motion to accept the recommendation and to request that the Metropolitan
Transit Commission and the Minnesota Department of Transporation install the
Park and Ride site at the north side of the Cedarvale Shopping Center and
further, that it install an access drive from Cedarvale Blvd. to Cedarvale
Drive. All voted yes. The staff also recommended the Council consider access
from certain retail stores to Cedarvale Blvd. Egan moved, Smith seconded the
motion to authorize the Public Works Director to prepare plans for the pro-
posed connection of the retail location to Cedarvale Blvd. and return to the
City Council with the plans for review. All voted in favor.
SEPTEMBER 16 SPECIAL MEETING - ELECTION CANVASS
A special meeting of the City Council was set for September 16, 1982 at
7:00 p.m. at the City Hall to canvass the ballots from the primary election
and also to consider the 1983 budget.
WATER TREATMENT PLANT VIEWING
The City Council requested the staff determine certain dates for a tour
of water treatment plants throughout the metropolitan area to be for City
Councilmembers, staff and other interested persons.
RAGAN JOINT ZONING BOARD REPRESENTATIVE
Councilman Egan stated that he would be unable to attend the August 19
meeting of the Joint Zoning Board. City Administrator Hedges was appointed to
act as Eagan's voting member in Councilman Egan's absence.
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August 17, 1982
ORRIN THOMPSON HOME SIGN
Wachter moved, Egan seconded the motion to request that the Orrin
Thompson Homes sign be removed from the right of way in the Ridgecliff Addi-
tion area. All voted in favor.
RIDGECLIFF 1ST ADDITION - EXCAVATION PERMIT
The application of U. S. Homes for fill and excavation permit to place
excess fill from Ridgecliff 1st Addition on undeveloped property in the pro-
posed Galaxy Park Addition, west of Ridgecliff 1st Addition, was then con-
sidered. Egan moved, Wachter seconded the motion to approve the application.
All voted in favor.
BRIARHILL 4TH ADDITION - FINAL PLAT
The staff recommended approval of the application of Tollefson Builders,
Inc. for approval of the final plat of Briarhill 4th Addition. It was under-
stood that neighboring property owners had no objection to the final plat.
Smith moved, Egan seconded the motion to approve the application subject to
compliance with all City requirements. All voted in favor.
MCCARTHY POND CONDEMNATION APPEAL
City Attorney Hauge stated that Patrick McCarthy, the owner of the
McCarthy property involved in a condemnation action for ponding purposes on
the McCarthy property, north of Wescott Road, has now filed a Notice of Appeal
of the Commissioner's award as of approximatley August 10, 1982. Upon motion
by Wachter, seconded Smith, it was resolved that the Council authorize a
cross - appeal on behalf of the City from the Commissioner's award in the
McCarthy Condemnation action. All voted in favor.
CHECKLIST
Egan moved, Thomas seconded the motion to approve the following checklists
dated: July 31 & August 17, 1982
All voted yes.
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F.1OxfDlt
Upon motion by Wachter, seconded Egan, it was resolved that the meeting
adjourn at 11:00 p.m. All voted yes.
PHH
Secr ry
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