05/03/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 3, 1983
A regular meeting of the Eagan City Council was held on Tuesday, May 3,
1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City
Administrator Hedges, City Engineer Rosene, Public Works Director Colbert,
City Planner Runkle, and City Attorney Keller.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as distri-
buted. All voted yes.
MINUTES
1. April 19, 1983 Regular meeting. Upon motion by Smith, seconded
Thomas, it was resolved that the Minutes be approved as distributed. All
voted yes.
2. April 12' 1983, Special Joint Meeting of Advisory Planning Commis-
sion and City Council. Egan moved, Wachter seconded the motion to approve the
Minutes. All voted yes.
CONSENT AGENDA
The following Consent Agenda items were presented to the Council for
consideration and recommended by the staff for approval:
1. General Contractors' Licenses. A list of 6 additional general
contractors, one roofing contractor and 2 heating and ventilation contractors
were added to the list of contractors to be approved for licensing. All
contractors have complied with City Ordinances.
2. Project #377 - Brittany 6th Addition - Streets and Utilities. A
Petition had been submitted by Carl Tollefson of Tollefson Builders, Inc.
requesting the City of Eagan to simultaneously prepare detailed plans and
specifications along with the Feasibility Report for the installation of
streets and utilities within Sherwood Court to service the proposed Brittany
6th Addition, which will be a replat of Outlot C, Brittany 3rd Addition.
Staff recommended that the Council receive the petition and approve the pre-
paration of the feasbility report for Project #377.
3. Vacation of Public Right-of-Way - Outlot Brittany 3rd Addition.
A Petition had been submitted by Carl Tollefson of Tollefson Builders, Inc.
requesting the vacation of Sherwood Court, adjacent to Outlot C, Brittany 3rd
Addition, and it was recommended by the staff to receive the Petition and
authorize a public hearing to be scheduled for June 7, 1983.
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Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved as provided and to be ordered implemented.
All voted in favor.
LOCAL GOVERNMENT AID
Because of the early hour, it was determined that the administrative
items should be discussed prior to the commencement of public hearings. City
Administrator Tom Hedges updated the Council and the public regarding proposed
bills in the State Legislature regarding local government aid. It appears at
the present time that in spite of efforts by the Mayor and the City Adminis-
trator including testifying before the Legislature, that it is very likely
that the City of Eagan will be subject to 100% cut in local government aid for
the year 1984. During lengthy discussion, it was pointed out that the present
formula for distribution of local government aid appears to reward spending
and punish those cities which exercise frugality as measured by expenditures
per capita. Under the present proposal, other cities, which would receive
100% cuts include Eden Prairie and Plymouth. The Council felt that the public
should be made aware of efforts being made by the Council and staff to pur-
suade legislaters to provide a fair distribution method relative to local
government aid.
POLICE DEPARTMENT
Councilman Wachter expressed his and the Council's gratefulness to the
Police Department for its efforts in the handling and completion of criminal
matters.
SHEFFIELD CIRCLE VACATION
Mayor Blomquist convened the hearing regarding vacation of Sheffield
Circle. Because notification problems, staff recommended continuance of this
matter to May 17, 1983 . Upon motion by Egan, seconded Smith, the public
hearing was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All
voted yes.
MALLARD PARK 1ST - VACATION
Mayor Blomquist convened the hearing regarding vacation of Mallard Park
1st. Because of notification problems, staff recommended continuance of this
vacation hearing to May 17, 1983. Upon motion by Wachter, seconded Egan, the
matter was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All voted
yes.
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OAK CHASE 1ST - VACATION
Mayor Blomquist convened the hearing regarding vacation of Oak Chase 1st.
Because of notification problems, staff recommended continuance of this vaca-
tion hearing to May 17, 1983. Upon motion by Egan, seconded Thomas, the
matter was continued to May 17, 1983 at 7:00 p.m. at the City Hall. All voted
in favor.
BOND SALE - WATER TREAT ENT PLANT
Mr. Ernie Clark of Miller & Schroeder Municipals, Inc. was present to
recommend the approval of the resolution to sell $6,000,000 of general obliga-
tion revenue bonds with a bond sale scheduled for 12:00 noon June 1, 1983, and
a special City Council meeting set for 5:00 p.m. on that date to consider a
council award of the water revenue bonds. Egan moved, Smith seconded the
motion to approve the sale date of June 1, 1983 for 12:00 noon for the sale of
$6,000,000 of general obligation water revenue bonds, and to set a special
City Council meeting for 5:00 p.m. on that date to consider the award of bids
for the bonds. All voted in favor.
CODE AMENDMENT - SIGNS
Although the staff has had time to make recommendations regarding the
spacing of advertising signs under the existing code, it was recommended that
the matter be continued to May 17, 1983 so that the Advisory Planning Commis-
sion members might address the proposals at its workshop on May 10, 1983.
Thomas moved, Wachter seconded the motion to continue the considerations of
sign provisions under the Code until the May 17, 1983 meeting. All voted in
favor.
WINDTREE 3rd ADDITION - REZONING AND PRELIMINARY PLAT
Windtree Company and Richardson Properties, Inc. had requested a contin-
uance until May 17, 1983 of their request for rezoning from R-1 to R-1 PD and
for preliminary plat approval of Windtree 3rd Addition. The request was made
because of plans for the Advisory Planning Commission to discuss the defini-
tion of planned unit development at their May 10 workshop. Upon motion by
Egan, seconded Smith it was moved to continue the application for rezoning and
preliminary plat to the May 17, 1983 Council meeting. All voted yes.
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RESOLUTION - RACING FACILITY
The Dakota County Ad-Hoc Racing Coalition had requested that the City
show support for a racing facility located in Dakota County by adopting a
Resolution supporting such a facility. It was moved by Smith, seconded Thomas
to approve the Resolution supporting a racing facility in Dakota County. All
voted in favor. Mayor Blomquist also made a motion to formally receive the
coalition's Racing Facility Report, seconded by Smith. All voted in favor.
R 83-22
PRELIMINARY PLAT AND REZONING - WOODHAVEN ADDITION
Terry Stover appeared in regard to the rezoning of one acre from CSC to
R-4 and for preliminary plat of Woodhaven Addition, consisting of approximate-
ly 2 acres and containing two multiple buildings containing 34 dwelling units.
It was noted that this plat would require 3 variances, including .4 units per
building more than the code allows, a garage variance for the number of
covered garage spaces in Building B, and a variance for Rahn Road setback of 2
feet to the front of the proposed buildings. After considerable discussion,
Smith moved, Wachter seconded the motion to approve the application for re-
zoning. All voted yes. Thomas then moved, Smith seconded the motion to
recommend approval of the preliminary plat, along with the required variances,
subject to the conditions recommended by the Advisory Planning Commission:
1. There shall be a maximum of 17 units per building which shall
include 17 inside garages for Building A and 13 inside garages for Building B,
resulting in less impact on the park to the east, the four additional parking
spaces being made up in outside parking.
2. The variance shall provide for 17 units per building.
3. The outside parking spaces and drives shall meet all the City Code
requirements.
4. A detailed landscape plan shall be submitted and reviewed by staff
prior to final plat approval.
5. A development agreement shall be entered into and approved prior to
final plat.
6. All easements shall be dedicated as requested by City staff.
7. The development plan shall be subject to the Park Commission's
recommendations of April 15, 1983 as follows:
a. That a cash dedication be required at the time of final plat.
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b. That an 8 to 10 foot bench be provided for future trailway
which would tie into the proposed existing trails within Woodhaven Park
proper.
c. That acceptable ground cover or terracing be put into place to
stabilize soils and slopes.
d. There shall be a landscaping bond which shall be in effect for
at least two growing seasons to insure stability of the soil on park property.
e. That as many trees as possible shall be saved.
f. That the developer shall provide retaining walls if necessary,
in accordance with staff recommendations to allow the trail to be in place.
g. Fill shall be allowed on park property with minimal grades
impacted on the site as approved by City staff.
8. All applicable City Code provisions shall be complied with.
9. That a 40 foot half right-of-way shall be dedicated for Beau D' Rue
Drive and for Rahn Road.
10. Ten foot utility and drainage easements shall be provided along all
publicly dedicated rights-of-way and 5 foot drainage and utility easements
shall be dedicated along all exterior lot lines, with a 10 foot drainage and
utility easement centered over all interior lot lines.
11. This development shall accept its responsibility for lateral benefit
for trunk water main at the rates in effect at the time of final plat
approval.
12. All costs for installing sanitary and water services, internal storm
sewer, driveways, concrete curbing and parking areas, shall be the sole re-
sponsibility of this development, along with the costs of extending the City's
existing 21 inch storm sewer to the proposed embankment.
13. The access from Building A to Beau D' Rue Drive shall be set back
150 feet from the intersection of Rahn Road.
14. A detailed grading, drainage and erosion control plan shall be
submitted to the City for approval prior to final plat approval.
15. A setback variance of 2 feet is approved relative to Rahn Road.
16. Grading Plan B with the least amount of grading and fill shall be
implemented.
All voted yes. R 83-23
SEE PLAT FILE
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PRELIMINARY PLAT - SUNSET ADDITION
Brad Swenson appeared on behalf of Joseph M. Miller Construction Company
in regard to the request for preliminary plat of Sunset Addition consisting of
approximately 5.5 acres and containing 14 single family lots. The Advisory
Planning Commission did recommend approval at its regular meeting on April 26,
1983, subject to certain conditions. Upon motion by Wachter, seconded Egan,
it was resolved that the preliminary plat be approved, subject to the follow-
ing conditions:
1. Adequate right-of-way shall be obtained for Hackmore Drive, prior to
final plat approval according to City standards, including the southerly 25
feet.
2. A temporary cul-de-sac shall be provided on the north end of Augusta
Lane.
3. No variances shall be allowed for side setbacks unless necessary,
due to topography or vegetation.
4. The plat shall be subject to the Park Commission's review and recom-
mendation.
5. A development agreement shall be entered into and signed by the
applicant prior to final plat.
6. A berming and ponding area shall be constructed over Lot 1, Block 1,
so as to contain all excess run-off as a result of this development, until it
is made a part of the City drainage system.
7. A drainage easement or written agreement with the property owner to
the north, over whose land the run-off from the northern half of this plat
will cross, shall be required.
8. A 15 foot utility and drainage easement shall be acquired over Lot
7, Block 2, and a 30 foot drainage and utility easement shall be required
centered over the common lot line between Lots 4 and 5, Block 1.
9. Ten foot utility easements shall be dedicated adjacent to all pub-
licly dedicated rights-of-way and 5 foot drainage and utility easements dedi-
cated adjacent to all exterior lot lines with 10 foot drainage and utility
easements centered over all interior lot lines.
10. This development shall be responsible for its trunk area storm sewer
assessments and all costs for the installation of streets and utilities within
this development.
11. If the utilities and streets are installed privately, the plans and
specifications shall be prepared by a registered engineer and submitted to the
City for approval.
All voted yes.
SEE PLAT FILE
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May 3, 1983
REPLAT - BLOCKS 1, 2, AND 3
EAGANDALE CENTER INDUSTRIAL PARK
Tom Davis of Northwestern Mutual Life Insurance Company and Bob Worth-
ington of Opus Corporation appeared on behalf of Northwestern Mutual Life
Insurance Company for its application, requesting approval to replat a portion
of Eagandale Center Industrial Park. The area to be replatted involves Lots 4
through 11 of Block 1, Lots 14 through 26, Block 2, and Lots 15 through 17,
and Lots 29 through 36 of Block 3. The Advisory Planning Commission did
recommend approval of the replat to the City Council. After significant
discussion regarding the new configuration of the streets, lots and park
dedication requirements, Thomas moved, Egan seconded the motion to approve the
preliminary plat, subject to the recommendations of the Advisory Planning
Commission except No. 10 regarding the waiving of park dedication require-
ments, but including the following conditions:
1. Approval by the City Engineer of all utility, drainage and grading
plans.
2. Replat shall be subject to the approval of the vacation of the
affected streets by the City.
_ 3. A 20 foot utility easement shall be dedicated along all publicly
dedicated rights-of-way with 5 foot utility and drainage easements dedicated
along all exterior lot lines and 10 foot drainage and utility easements dedi-
cated along all interior lot lines.
4. A 20 foot utility easement shall be dedicated over the proposed
water main located within Block 2.
5. The intersection of Avalon Avenue with Corporate Center Drive shall
be reconstructed as a "T" intersection.
6. All costs associated with utility and street construction shall be
the sole responsibility of this development.
7. A detailed erosion plan/grading plan shall be submitted for approval
along with the final plat.
8. All applicable Code provisions shall be met.
9. Rosemount, Inc. and Transilwrap shall be contacted to resolve any
questions about impact on their lots.
10. The developer shall work with the City staff to resolve requirements
for park dedication and report to the Council for final decision..
All voted in favor.
SEE PLAT FILE
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Mr. Davis then requested that the Council authorize submission of a
building permit for the construction of Eagandale Business Campus Building No.
1 on several lots, which after the replat, will be combined into one lot.
Upon motion by Wachter, seconded Thomas, it was resolved that a building
permit would be allowed if it met all the other conditions of the City Code
and with staff approval. All voted in favor.
BRITTANY 5TH ADDITION - FINAL PLAT
The Mayor next convened the public hearing for approval of the final plat
of Brittany 5th Addition, consisting of two outlots within Brittany 3rd Addi-
tion. It was pointed out that reallignment of street and cul-de-sac was
necessary to allow the looping of watermain. Upon motion by Smith, seconded
Egan it was resolved to approve the final plat, subject to compliance with
applicable City requirements. All voted in favor. R 83-24
SEE PLAT FILE
PROJECT #12 - ASSESSMENT REFUND
NORTHWESTERN MUTUAL LIFE INSURANCE CO.
Northwestern Mutual Life Insurance Co. has requested an assessment refund
on property which is now owned by the State of Minnesota, but for which
Northwestern Mutual has been taxed for the last six years. The amount of
$954.66 was clearly paid in error. Upon motion by Wachter, seconded Egan, it
was moved to authorize the refund of assessment installments paid under
Project #12 for Parcel 10-00300-020-01 to Northwestern Mutual Life Insurance
Company in the amount of $954.66. All voted in favor.
PROJECT #264 - RUZICKA
Director of Public Works, Tom Colbert, then explained the request of Mr.
and Mrs. Ruzicka for assessment interest reduction for excess interest in the
amount of $573.41 for special assessment interest charges against Lot 5, Block
3, Twin View Manor Addition. While the County requires the payment of the
second half taxes and assessment prior to October 31, any prepayment of
assessments must be received by the County no later than October 15 in order
to be reflected in the following year's property tax statement. Due to the
confusion from this system, the Ruzicka's were not credited for prepayment
made on October 20, 1982. Thus the amount being requested is interest on an
amount paid October 20, 1982 but with interest accruing through 1983. It was
moved by Smith, seconded Thomas, to approve the request, subject to discretion
of the Finance Director as to whether an abatement or refund would be the
desired method. All voted in favor.
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PROJECT #297 - ASSESSMENT DEFERMENT
A special request had been made by Mr. Henry Franz for special considera-
tion for senior citizen deferment under City Code Section 2.75, with which he
is in complete compliance except for the failure to make such a filing within
90 days of the date of assessment. Upon motion by Blomquist, seconded Thomas,
it was moved to accept the application for senior citizen deferment with the
condition that the applicant check into Green Acres status and report that
information with his application. All voted in favor.
TEMPORARY PARKING LOT - DURNINGS RESTAURANT
Mr. Jim Durning appeared on behalf of Durnings Restaurant concerning his
request for special permit to allow temporary parking for his restaurant on
adjacent undeveloped land. It was pointed out that when the land is de-
veloped, Mr. Durning has reached an agreement with the owner of the land for
an easement for parking purposes after 5:00 p.m. on weekdays and on weekends.
It was moved by Thomas, seconded Wachter, to approve the special permit for
construction of temporary parking on the condition that the row of parking
stalls immediately adjacent to and parallel to Nicols Road be eliminated to
allow for future berming. All voted in favor.
PRELIMINARY PLAT EXTENSION - LONE OAK HEIGHTS
Mr. Jack Clinton appeared on behalf of Orin Aune and Mr. Belfany of
Belfany Development and requested an extension of 6 months for the preliminary
plat of Lone Oak Heights on the basis that he and another party would continue
the project without Mr. Aune. Upon motion by Wachter, seconded Thomas, it was
resolved to approve the six month extension of the preliminary plat, subject
to clean up of the demolition in the area by June 1, 1983. All Councilmembers
voted yes.
PROJECT #306
The Director of Public Works indicated that the detailed plans and speci-
fications for the construction of Diffley Road from Nicols Road to Blackhawk
Road was approximately 90% complete with the exception of the detailed design
of the frontage road connection onto the local city streets. After signifi-
cant discussion regarding frontage roads and the hearing in which all home-
owners present approved the design, Thomas moved, Wachter seconded the motion
to approve the plans and specifications for County Contract #30-01 (Project
#306) for Diffley Road. All voted in favor.
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PROJECT #330 - LEXINGTON AVENUE
The detailed plans and specifications for the installation of storm sewer
facilities and street surfacing on Lexington Avenue (County Road #43) from
Cliff Road to one-quarter mile north of Diffley Road, have now been completed,
reviewed and approved by the City staff and were presented to the City Council
for formal approval. Smith moved, Thomas seconded the motion to approve the
plans and specifications for County Contract #83-06 (Project #330). All voted
in favor.
GRADING PERMIT - STEININGER CONSTRUCTION CO.
The Director of Public Works, Thomas Colbert, next described the applica-
tion for grading permit to place approximately 40,000 cubic yards of material
on the property owned by Steininger Construction Company, Inc. located in the
northeast corner of Trunk Highway #55 and Lone Oak Road. All required bonds,
certificates of insurance, grading plans and application had been satisfac-
torily completed, and approved by the staff. Wachter moved, Egan seconded the
motion to approve the grading/excavation permit for Parcel 10-00100-030-55
located in the northeast corner of Lone Oak Road and Trunk Highway #55 to
Steininger Construction Company, Inc. All voted in favor.
CONTRACT #83-9 - CEDAR GROVE STREETS
The Director of Public Works then advised the Council that detailed plans
and specifications have been completed for the construction/rehabilitation of
the existing streets within Cedar Grove 1st and 2nd Additions. Although it is
true that specifications would allow for alternate types of bids, it was
determined that assessments would be considered pending when the project was
approved. It was, upon motion by Egan, seconded Wachter moved to approve
plans and specifications for Contract #83-9 and authorize the bid opening to
be held at 10:30 a.m. on Thursday, May 26, 1983 at the City Hall. All voted
in favor.
NnDOT SPEED STUDY RESOLUTION
The Director of Public Works advised the Council that MnDOT was requiring
that it establish speed limits on upgraded local roads within the City, in-
cluding Thomas Lake Road and Galaxie Avenue. After some discussion, Smith
moved, Thomas seconded the motion to adopt a Resolution requesting that MnDOT
study and subsequently authorize speed limits on all local streets. All voted
in favor.
R 83-25
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PARK RIDGE GRADING PERMIT
Director of Public Works advised the Council that the application for
Ruscon Homes for grading of Park Ridge Addition was in order. Upon motion by
Thomas, seconded Wachter, it was resolved to approve the grading/excavation
permit for Park Ridge Addition as submitted by Ruscon Homes, Inc. All voted
in favor.
LONE OAK TREE DEDICATION
City Administrator Tom Hedges advised the Council that the ceremony on
Wednesday, May 4, 1983 would commence at 11:00 a.m. at Trinity Lone Oak
Lutheran Church.
PUBLIC INFORMATION
It was pointed out to the Council that a ringbinder attached to the back
of the room contained Council Packet material for the public's information.
The legal staff was directed to check into the requirements for such informa-
tion to be provided to the public.
ADDITIONAL STAFF
Administrator Hedges then advised the Council that the City staff was in
dire need of additional manpower during the upcoming months, due to the rapid
community growth. Smith moved, Egan seconded the motion to provide blanket
approval of hiring of interns and part-time assistants according to the Ad-
ministrative's request and recommendation within budgetary guidelines. All
councilmembers voted yea.
MAYORAL TERM
The City Council then directed legal counsel to report back to the
Council regarding the process for the possible lengthening of the term of the
office of Mayor.
CROSSTOWN AUTO
Council was advised of the state of disarray of junk and used cars at the
Crosstown Auto location. City staff was advised to contact Crosstown Auto
advising them that a fence would be required.
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EXTENDED MnDOT CONSTRUCTION
The Council advised the Director of Public Works to allow double shift
construction by MnDOT contractors within MnDOT rights-of-way.
CHECKLIST
Upon motion by Wachter, and duly seconded, it was resolved that the list
of bills provided to the Council should be paid. All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:20 p.m.
All voted in favor.
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Cit erk
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