09/21/1982 - City Council Regular01250
MINUTES OF A REGULAR MEETING OF TRB EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 21, 1982
A regular meeting of the Eagan City Council was held on Tuesday, Septem-
ber 21, 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
Planner Runkle, Consulting Engineer Rosene and City Attorney Keller.
City Council took action on the following Minutes:
1. Regular meeting of September 7, 1982. Smith moved, Thomas seconded
the motion to approve the Minutes. All voted yes.
AGENDA
Administrator Hedges suggested under section c. Old Business, that the
Wind Energy T.V. Radio Tower Ordinance was not yet ready for discussion due to
the need for further information from suppliers of wind energy conversion
systems. He suggested that this item be continued and deleted from the
agenda. Mayor Blomquist indicated that an item should be added under Public
Works Department on a petition presented for a stop sign. Councilman Smith
indicated that it would appear more reasonable to handle item VI. A. (Eagle's
Nest) at the planned development review at the October meeting. Upon motion
by Wachter, seconded Egan, it was resolved that the Agenda be approved as
distributed with exceptions of the three changes described above. All voted
in favor.
NATIONAL BUSINESS VOM!?N•S REEK PROCLAMATION
Mayor Blomquist read to the audience a proclamation declaring October 17
to October 23, 1982 as National Business Women's Week. Photographs were taken
of the signing of the official Proclamation with representation by Eagan
business women. D 82 -15
PARK DEPARTMENT
The agenda indicated that there were no items under the Park Department,
however, Councilman Smith commented that due to his unavailability for the
meeting scheduled for later in the week to discuss the Rahn Park Athletic
Field, that it should be discussed later in the Council meeting if at all
Possible. Information was not available for discussion and the issue was not
discussed at this Council meeting.
1
0(.x_251
Council Minutes
September 21, 1982
JOINT CABLE COMMISSION UPDATE
Administrator Hedges distributed copies of the RFP (Request for Approval)
drafted by the Joint Cable Commission. After a brief report, he indicated
that it was necessary to set a public hearing date for approval of the RFP.
Upon motion by Egan, seconded Wachter, it was resolved that a public hearing
be held for the RFP on October 5, 1982 at 7:00 p.m. at the City Hall. All
voted in favor. D 82 -16
NEWSPAPER VENDING MACHINES
Administrator Hedges reported that the USA Today had located two news-
paper vending machines in the City of Eagan as of September 20, 1982. It was
recommended by the Council that the staff attempt to maintain a dialogue with
the USA Today and that the newspaper be advised that they are required to
obtain a permit and pay permit fees prior to location of newspaper vending
machines.
1983 GENERAL FUND BUDGET
The Mayor convened the public hearing regarding the 1983 General Budget.
Administrator Hedges provided a short explanation of the Summary Statement and
opened discussion for the public. There was some discussion regarding funds
for tree disease control. After explanation, the budget was approved and the
hearing closed upon motion by Egan, seconded by Wachter. All voted in favor.
KILLDEER ADDITION - UTILITY ASSESSMENTS
The Mayor then convened the assessment hearing regarding Improvement
Project #327A covering utility improvements in Killdeer Addition. There were
no objections to the project and after explanation, Wachter moved, Thomas
seconded the motion to close the hearing, to approve the roll to be spread
over five years at 12.5% interest and authorize staff to certify the roll to
the Dakota County Auditor. All voted yes.
WINKLER /JACKSON ADDITION - SANITARY SEWER - PROJECT #344
The Mayor convened the assessment hearing regarding Improvement Project
4344 covering sanitary sewer improvements in Winkler /Jackson Addition. There
were no objections to the project and after explanation by the City Public
Works Director, Egan moved, Wachter seconded the motion to close the hearing,
to approve the roll to be spread over ten years at 12.5% interest and
authorize the staff to certify the roll to the Dakota County Auditor. All
voted yes. It was noted that the assessment would be levied against unplatted
property and that the assessment could be respread upon final plat.
9
0(:252
Council Minutes
September 21, 1982
41J -14C 10 :1 *6ii 1;'sI.I:1i0a
Mayor Blomquist presented a Petition signed by 13 petitioners for stop
signs at Sigfrid and Sequoia. Petitioners indicated that stop signs were
needed due to the speed of vehicles in that area, location of school bus stop
and the presence of large number of young children. Upon motion by Wachter,
seconded by Egan, it was requested that the Petition be reviewed by the
Engineer. All voted in favor.
FIRE DEPARTMENT
There were no items to be discussed for the Fire Department.
POLICE DEPARTMENT
There were no items to be discussed for the Police Department.
City staff recommended approval of the following Consent Agenda:
1. Project #366 (4.0 M.G. Safari Water Reservoir). It was recommended
that a feasibility report and preparation of detailed plans and specifications
for Contract #82 -13 be authorized. There was some discussion regarding the
success of negotiations and existence of funds for construction through a
developer's letter of credit.
2. Contract #82 -4 - Change Order #1. It was recommended that Change
Order #1 for bituminous trail construction in the amount of $17,950.50 be
approved. There was some discussion regarding the status of the trail across
Blackhawk Road in light of MnDOT construction plans for the 35E- Blackhawk Road
intersection.
3. Contract #82 -5 - Change Order #3. It was recommended that the
Change Order in the amount of $4,260.75 for additional needed repair work of
damages for Projects #337A and #345A be approved. Councilman Smith requested
further information from the Public Works Department at a later date.
Upon motion by Egan, seconded Wachter, it was resolved that the foregoing
Consent Agenda items be approved and that the appropriate officers be
authorized to execute the necessary documents. All voted in favor.
06253
Council Minutes
September 21, 1982
COACHMAN LAND COMPANY FIRST ADDITION - STREETS
The Mayor then convened the assessment hearing regarding Improvement
Project #3238 covering street improvements in Coachman Land Company First
Addition. There were no objections to the project and after explanation,
Smith moved, Egan 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 yes.
SAFARI AT RAGAN - STREETS - PROJECT #324B
The Mayor next convened the assessment hearing regarding Improvement
Project #324B covering street improvements in Safari at Eagan. It was noted
that the Developer had objected by letter to the City staff. It was also
noted that the objection provided no explanation of the reasons for objections
for this project which was completed for less than the cost estimated in the
feasibility report. There was no appearance by the Developer at the hearing.
A copy of the relevant page of the Development Contract whereby the Developer
waived any objections to assessments, was distributed to the Council. Mr.
Colbert reviewed in detail, in the packet material distributed to the Council,
the improvements made and the benefit to the commercial property which exceed
the assessments levied. Wachter moved, Egan seconded the motion to close the
hearing, to approve the roll to be spread over ten years at 12.5% interest and
authorize the staff to certify the roll to the Dakota County Auditor. All
voted yes. The Council requested that the City Attorney verify that the
burden was on the developer to appeal its decision.
TOMARK 1ST ADDITION - STREETS - PROJECT #336B
The Mayor convened the assessment hearing regarding Improvement Project
#336B covering street improvements in Tomark 1st Addition. There were no
objections to the project. Public Works Director Colbert explained that the
final project was completed at a cost of 4% over the feasibility report. The
additional cost was incurred at the developer's request for delay of the
project with knowledge that there would be the increased cost. Developer has
been personally noticed of this hearing. Egan moved, Thomas seconded the
motion to close the hearing and 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 yes.
00254
Council Minutes
September 21, 1982
WINDCREST 2ND ADDITION - UTILITIES - PROJECT #340A
The Mayor then convened the assessment hearing regarding Improvement
Project #340A covering utilities in Windcrest 2nd 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 a rate of 12.5% interest and authorize the staff to certify
the roll to the Dakota County Auditor. All voted yes.
WINDTREE 2ND ADDITION - UTILITIES - PROJECT #341A
The Mayor then convened the assessment hearing regarding Improvement
Project #341A covering utilities in Windtree 2nd Addition. There were no
objections to the project and after explanation, Egan moved, Thomas seconded
the motion to close the hearing, to approve the roll to be spread over five
years at a rate of 12.5% interest and authorize the staff to certify the roll
to the Dakota County Auditor. All voted yes.
PARK CLIFF 13T ADDITION - STORM SEWER EXTENSION - PROJECT #359
The Mayor next convened the assessment hearing regarding Improvement
Project #359 covering the storm sewer extension for Park Cliff 1st Addition
requested by the developer as an emergency erosion control measure. It was
recommended that the assessment be levied against the unplatted parcels only.
It was noted that the project had not yet been bonded and thus the interest
rate on the assessment may need adjustment at a future date. There were no
objections to the project and Egan moved, Smith seconded the motion to close
the hearing, to approve the roll to be spread over five years at 12% interest
and authorize the staff to certify the roll to the Dakota County Auditor. All
voted yes.
EAGLE'S NEST HOME - BETTY BASSETT
It was noted that Ms. Betty Bassett was present in the audience and
therefore the Council's previous action regarding the Agenda was explained to
her. It was indicated that the concept change to the PUD in which the Eagle's
Nest would be located would be handled at the November Council meeting. Staff
was asked to research the procedure under Planned Development and the require-
ment for notice to neighbors. Councilman Wachter expressed his concern re-
garding notice to neighbors. Upon a motion duly made and seconded, the matter
was continued until the Planned Unit Development meeting in November. All
voted in favor.
5
00255
Council Minutes
September 21, 1982
PROJECT #29T - HARRY & PEARL LEMIEUX
The agreement regarding final assessment of this project with the
Lemieuxs was received by the Council at this meeting. Wachter moved, Egan
seconded the motion to close the hearing and to approve the roll on condition
that there be no change in the agreement after review by staff. All voted
yes.
WIND ENERGY SYSTEM & RADIO T.V. TOWER ORDINANCE
In light of the earlier agenda discussion, Egan moved, Wachter seconded
the motion to continue this matter so that further information can be gathered
by the staff. All voted in favor.
NORTHWESTERN NATIONAL BANK - INSTANT CASH MACHINE
Mr. Thomas R. Hallbauer appeared on behalf of Northwestern National Bank
for conditional use permit to allow a drive -up bank machine in a CSC District,
Cedarvale Shopping Center. Mr. Hallbauer presented three alternate site plans
for location of the drive -up bank machine, including site No. 3 which placed
the facility northeast of the Brown Photo Drive -In, within the Cedarvale
parking lot. Councilmember Wachter moved for approval of the third site based
upon the limited number of parking spaces taken by the site and the fact that
this site, unlike other sites, did not affect the landscaping and berming
adjacent to the shopping center and full compliance upon the following condi-
tions:
1. A detailed landscape plan shall be required designating the size,
quantity and species of additional landscaping to be provided. Also, a
landscape bond of an adequate amount shall also be submitted and not released
until one year after the landscaping has been completed.
Smith seconded the motion. All voted yes.
VARIANCE - SIENNA CORPORATION - WEDGEWOOD ADDITION
It was noted that due to the early hour (7:50 p.m.) and Mr. Rod Hardy of
Sienna Corporation was not present to make a presentation regarding the
variance request, the Council decided to continue the action until later in
the meeting.
Council Minutes
September"21, 1982
PRELDUNARY PLAT - ODELL ADDITION
The application by David and Patricia Odell for preliminary plat approval
of Odell Addition in McCarthy Ridge Addition was then presented. Mr. Daniel
Beeson, attorney for the Odells, was present who explained the proposal. He
indicated that in his opinion the plat met all of the subdivision standards
for an R -1 plat. He also indicated that the restrictive covenants were not an
issue due to the 30 year limitation under state law. The Advisory Planning
, Commission has recommended denial on August 24, 1982. It was also noted that
the issue had been before the Council on June 15, 1982 as a waiver of plat
request which was denied for the lack of hardship. Mr. Terry Votel spoke on
behalf of homeowners in McCarthy Ridge Addition, a significant number of whom
were also present at the hearing. Mr. Votel indicated that the Petitioner was
in error in regard to which area of the new lot as a result of the splitting
of the original lot, would actually be the frontage. He also described
McCarthy Ridge Addition as a fully matured, orderly and stable subdivision for
which a replat of this type would present a precedent which could destroy the
continuity and aesthetics of the community. He also indicated that it could
be argued that the restrictive covenants regarding lot size may still have
some relevance. There was a significant amount of discussion by the Council
regarding the affect of the covenants, location of the existing garage on the
proposed new lot, and the fact that this was not the first replat of a large
lot within a subdivision in the City. It was indicated that in the future
homeowners such as those in McCarthy Ridge Addition could consider estate
zoning in order to preserve the continuity of a neighborhood consisting of
large lots. Council then requested legal research by the City Attorney re-
garding the covenants, estate zoning, and the significance of the location of
the garage on the proposed new lot. Upon motion duly made and seconded, it
was moved that the matter be continued until the October 5, 1982 meeting at
which time the City Attorney will provide information regarding the matters
discussed. All voted yes.
VARIANCE - SIENNA CORPORATION - NEDGEWOOD ADDITION
The application of Sienna Corporation for a variance for the front set-
back of Lots 19 through 26, Block 1, Wedgewood Addition was then brought
before the Council. Mr. Rod Hardy appeared on behalf of Sienna Corporation
and explained that the Petitioner was requesting the variance for the
following reasons: To preserve as many trees as possible in the rear yards of
the lots, to provide proper slopes for the houses and maximize rear yard
space, and to minimize the cost to buyers. He also indicated that due to the
configuration of the plat, the variance would not affect adjacent properties.
Smith moved, Wachter seconded the motion to approve a variance of up to 10
feet from the front yard setback, subject to compliance with applicable ordi-
nances. All voted in favor.
7
Council Minutes
September 21, 1982
PMJ141NARY PLAT - SHEFFIELD ADDITION
An application of Gabbert Development, Inc. for preliminary plat of
Sheffield Addition consisting of 11.3 acres and containing 42 small single
family lots was then brought before the Council. Mr. Wally Gabbert appeared
on behalf of the applicant. The Advisory Planning Commission recommended
approval at its August 24, 1982 meeting. Mr. Gabbert indicated that the plat
had been reduced from 44 to 42 lots to allow 50 foot minimum lot widths in all
lots of the proposed plat. He indicated that it was his understanding that
the development was zoned R -2 allowing duplex development but that it was the
Petitioner's belief that small single family homes were more appropriate. He
indicated that the gross density was approximately 3.69 units per acre.
Mayor Blomquist indicated to Mr. Gabbert that in actuality, the Council
was more concerned about net density and that the net density was 4.65 or 4.44
units per acre, which was on the high side of the range of density allowed
within the concept zoning for planned development. Mr. Gabbert was advised
that the area to be platted did not have R -2 zoning nor was it designated R -II
on the Comprehensive Plan. R -2 designation was merely a concept in general,
approved for the planned development. It was indicated that the Council had
complete discretion to approve or disapprove of the proposed plat including
aesthetics, configuration, community need, continuity within the planned de-
velopment, etc.
Councilmember Egan indicated that frontage widths of single family
housing within planned developments was rapidly shrinking without serious
consideration on the part of developers and the City. He indicated that the
minimum lot width in Wedgewood Addition had been 70 feet, in Northview Meadows
it had been 60 feet and now this addition was being proposed as 50 feet. A
great deal of concern was expressed regarding the abandonment of Lot frontage
width minimums and the disguising of high density by minimal single lots
described as R -1 use.
Lot widths less than the minimum allowed in the zoning ordinance may be
allowed in a planned development. The Council does have the discretion to
determine whether such a configuration within a planned development meets the
needs of the community and will provide a plat which is aesthetically pleasing
both to the planned development and the community at large.
Egan moved, Wachter seconded a motion to continue the matter to the
October 5, 1982 meeting provided the developer and staff could develop a plat
allowing for minimum 60 foot lot frontage widths. All voted in favor.
0
06258
Council Minutes
September 21, 1982
MUNICIPAL FINANCE BOND - SENIOR CITIZEN HOUSING PROJECT
Carol Schultz of the Dakota County HRA appeared on behalf of the HRA and
presented the proposed tax increment financing to raise $6 million to be used
mainly by first -time home buyers to purchase qualified homes from Senior
Citizens who may be moving to the new high -rise condominium complex to be
constructed in Mendota Heights. She indicated that this plan would not affect
the future of similar financing within the City of Eagan. It was also indi-
cated that due to population and age distribution, that the City of Eagan
would receive a good share of the funds if obtained. Mr. Dan Nelson, Bond
Attorney for the project, was also present to provide some explanation of the
Internal Revenue Code Regulations affecting the bond proposal. A revision of
the housing plan and housing program were discussed. Upon motion made by
Smith, seconded Thomas, it was recommended that the proposed ordinance
granting the power to the Dakota County HRA to enact the program be approved.
All voted in favor.
Upon motion by Egan, seconded Wachter, a hearing date of November 9, 1982
at 7:00 p.m. at the City Hall, for formal approval of the ordinance was
scheduled. All voted in favor.
Upon motion by Egan, seconded Mayor Blomquist, November 9, 1982 at 7:00
p.m. at the City Hall, was set as a hearing date for the hearing of the
proposed resolution with regard to the bond issue. All voted in favor.
I.R. FINANCING TRANSFER FROM
FEDERAL LAND COMPANY TO BASIC PROPERTIES
Martin Colon and Charles Bartholdi were present on behalf of Federal
Land Company in regard to its request to transfer I.R. financing for its
Yankee Office Building IV to Basic Properties. It was noted that the amount
requested of I.R. financing had been reduced from $1,537.000.00 to
$1,192,000.00, and that the reduction of the bond was proportionate to the
reduction of construction, which would eliminate the 5,000 square foot
building. Staff had been in contact with Bond Counsel, Michael Jeronimus, who
indicated that there was no need for a new application and public hearing in
that Basic Properties was qualified for the revenue financing. Councilmember
Smith moved, Thomas seconded the motion to approve the transfer. All voted in
favor. SEE BOND FILE
ERTENSION OF PRELIMINARY PLAT - LEXINGTON PLACE
It was noted that the developer was not present for its request for
extension of preliminary plat. There was significant discussion regarding
problems with clean up in various areas of construction, on the developer's
property in the City. It was suggested that until these problems were re-
solved, that the extension should not be granted. Upon motion by Wachter,
seconded Egan, it was moved to continue the request for extension of time
until a later meeting with no decision on whether the extension would be
granted. All voted in favor.
9
00259
Council Minutes
September 21, 1982
DAMAGED STORM SEVER LINES - HILLTOP CONDOMINIUMS
The Director of Public Works then described damage in the amount of
$2,600.00 to storm sewer lines within the Hilltop Condominium Plat. It was
not clear as to how these trunk lines had been damaged causing complete
compaction with silt and buckling of the pipe. It was indicated that the
claim for damages would be processed through the developer's insurance com-
pany. The Director of Public Works was then directed to negotiate a settle-
ment if the insurance did not provide coverage. Smith moved, Thomas seconded
the motion to accept the utilities and streets within Hilltop Condominiums for
perpetual maintenance, subject to the outstanding claim. All voted in favor.
NAEGELE BILLBOARD - CEDAR AVENUE
City Administrator Hedges stated that the Naegele Advertising Company has
advised that the billboard along Cedar Avenue would provide time and space for
community announcements in the near future. Suggestions were requested.
MnDOT PARK AND RIDE - CEDARVALE
Public Works Director advised the Council that the MnDOT Park and Ride in
front of the Cedarvale Shopping Center was proceeding under MnDOT construc-
tion. The property is apparently owned by the Slater family with a public
highway easement granted some years ago. The Slater family has requested that
the City take title to the property at no cost to the City in order to relieve
the family of any liability exposure for the property. Council recommended
accepting a deed for the parcel with staff to investigate further.
35 -E EXTENSION
The Director of Public Works advised the Council that MnDOT has requested
concurrent construction of trailway from Cliff Road to the Rahn School area in
order to obtain federal funding for the trailway and extension of 35 -E to its
intersection with Blackhawk Road. Upon motion by Smith, seconded by Thomas, a
feasibility report for sidewalk from Cliff Road to Rahn School along the west
side of Rahn Road was authorized. All voted in favor.
PILOT KNOB CURBING
The Council was updated regarding the problem of flaking concrete on the
new curbing along Pilot Knob Road in the northern part of the City. The
options of patching the cement or replacing the curbing were presented with
the suggestion that any work wait until Spring, allowing better weather for
both methods of repair. A Letter of Credit or one year maintenance bond will
assure funding for the corrective work in the Spring. Upon motion by Wachter,
seconded Smith, it was agreed that the curbing be monitored until next Spring.
All voted in favor.
10
Council Minutes 00260
September 21, 1982
Cf 9CKLIST
Upon motion by Wachter, seconded Egan, it was resolved that the following
Checklists be approved, dated: Aug ust 31 & September 21, 1982 .
All voted in favor.
4111; ,iii
Upon motion by Mayor Blomquist, seconded Wachter, the meeting was
adjourned at 11:30 p.m.
DGK
) ()Ad
Se Vrary
11