07/05/1983 - City Council Regular
0('1 11,79
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 5, 1983
A regular meeting of the Eagan City Council was held on Tuesday, July 5,
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, Public Works Director Colbert, Consulting Engineer
Rosene and City Attorney Hauge.
AGENDA
Smith moved, Wachter seconded the motion to approve the Agenda as
presented. All voted yes.
MINUTES
Upon motion by Wachter, seconded Egan, it was resolved that the minutes
of the June 21, 1983 regular meeting be approved with the exception on page 2,
regarding Clearview Addition, Plat Extension that all members voted in favor.
All voted yes.
FIRE DEPARTMENT
City Administrator Tom Hedges submitted a proposed Joint Purchase Agree-
ment with the City of Minneapolis and the City of Eagan regarding Fire Depart-
ment equipment and recommended approval. Smith moved, Wachter seconded the
motion to adopt the recommendation. All voted yea.
POLICE DEPARTMENT
POLICE CHIEF APPOINTMENT
Mr. Hedges stated that in March, 1983 then Police Chief Martin
DesLauriers resigned from the Police Department and the selection process for
the hiring of a new Chief of Police began immediately. The position was
advertised in the League of Minnesota Cities magazine and also the Police
Professional Journal and several persons applied, with the City Council inter-
viewing the final selections at a special meeting on June 28, 1983. After
further discussion, Wachter moved, Egan seconded the motion to appoint the
Assistant and Acting Police Chief Jay Berthe as the Eagan Police Chief at the
same salary schedule, including benefits as he is receiving as the Acting
Chief. All members voted in favor. Police Chief Jay Berthe was present and
thanked the Council and the staff for selecting him and for their confidence
in selecting him.
1
01' iSO
Council Minutes
July 5, 1983
PUBLIC WORKS DEPARTMENT
ON-STREET PARKING RESTRICTION - EAGANDALE CENTER INDUSTRIAL PARK
Mr. Colbert noted that over the past several years the Public Works
Department has been experiencing problems with trying to control on-street
parking in the Eagandale Center Industrial Park. He stated that there did not
appear to be sufficient on-site parking due to the fact that the cars are
currently being parked near the Coca-Cola facility on the street, causing
potential traffic and safety problems. The Public Works Department recom-
mended authorization to restrict all on-street parking within the Eagandale
Center Industrial Park to become effective October 1, 1983 in order to allow
the businesses sufficient time to provide off-street parking. Smith moved,
Wachter seconded the motion to approve installation of the No-Parking signs on
streets within Eagandale Center Industrial Park No. 1 to become effective
November 1, 1983, due to the traffic hazard and safety problems and the
complaints received from industrial businesses in the area. All voted in
favor.
CONSENT AGENDA
The staff recommended the approval of the following consent agenda items:
1. Annual Conditional Use Permit Renewals. Cedarvale Fish N'Pet
Center, 3960 Sibley Memorial Highway - pet store; Central Fence & Supply Co.,
3790 Dodd Road - outside storage; Jerry & Carol Thomas, 4889 Pilot Knob Road -
horse ranch; George Becker, 3890 Lexington Ave. South - group foster home. It
was recommended that all conditional use permits be approved with the excep-
tion of George Becker, who it was understood has moved from the City and no
longer operates the foster home.
2. Personnel Selection. City Administrator Hedges recommended the
Council approve five temporary and/or part-time positions, including John
Vuyovich - part-time building inspector; John Kurt Jackson - engineering in-
tern; Rolf Lindberg - engineering intern; Sandra Justin - planning intern; and
Tom Bigley - parks intern.
3. Project #380 - Sunset 1st & 2nd Addition - Storm Sewer Feasibility
Report. The feasibility report for Project #380 consisting of storm sewer in
Sunset 1st and 2nd Additions was submitted and it was recommended the report
be received and that the public hearing be scheduled on August 2, 1983 at 7:00
p.m. at the Eagan City Hall.
4. Project #381 - Borchert-Ingersol Pond - Trunk Storm Sewer Outlet.
The feasibility report for Project #381 consisting of the Borchert-Ingersol
pond trunk storm sewer outlet was submitted to the Council and it was recom-
mended that the report be received by the Council and that it schedule a
public hearing to be held on August 2, 1983 at 7:00 p.m. at City Hall.
2
W:181
Council Minutes
July 5, 1983
5. Project #382 - Hurley Lake - Trunk Storm Sewer. The feasibility
report concerning trunk storm sewer outlet for the Hurley Lake area under
Project #382 has now been completed by the Consulting Engineer. It was recom-
mended that the report be received by the Council and that the Council
schedule a public hearing regarding the report for August 2, 1983 at 7:00 p.m.
at the Eagan City Hall.
6. Project #383 - Schwanz Lake- Trunk Storm Sewer Outlet. The feasi-
bility report for Project #383 regarding trunk storm sewer outlet for the
Schwanz Lake area has been completed and it was recommended by the staff that
the Council receive the report and that it schedule a hearing regarding the
report for August 2, 1983 at the City Hall at 7:00 p.m.
7. Project #384 - Walden Heights - Trunk Storm Sewer Outlet. The next
feasibility report that was submitted by the Consulting Engineer and recom-
mended by the staff for approval covered Project #384 regarding Walden Heights
trunk storm sewer outlet and it was recommended the report be received and the
public hearing be scheduled on August 2, 1983 at the regular City Council
meeting at 7:00 p.m. at City Hall.
8. Project #315 - Well #5 - Trunk Storm Sewer. The feasibility report
for Project #315 consisting of Well #5 trunk storm sewer was recommended to be
received by the Council and that it schedule a public hearing also on August
2, 1983 at the City Hall at 7:00 p.m.
9. Contract #83-3 - Overhill Farms - Streets. A change order was
submitted by the staff under Project #83-3 covering street improvements in
Overhill Farm Addition, noting that Knutson Construction, the contractor for
the installation of utilities did not complete certain requirements in com-
pliance with the approved plans and specifications. It was recomended that
the Change Order be approved in the sum of $7,224.00.
10. Holland Lake Area - No Parking. The staff recommended that parking
be prohibited on both sides of Cliff Road in the area of Holland Lake, in
Holland-Jensen Park because of the hazards to pedestrian movement across Cliff
Road, which is a 55 m.p.h. speed zone. Staff recommended installation of No
Parking signs.
11. Contractors' Licenses. Certain general contractors and one swimming
pool contractor have submitted applications for Contractors' Licenses whose
names are attached to the packet and it was recommended that the Contractors'
License list as presented by the chief building inspector, be approved.
Wachter moved, Egan seconded the motion to approve the foregoing consent
agenda items and order their implementation, except that the application of
George Becker for conditional use be granted only if the facility is still
operating in Eagan. All voted yea.
3
0C' 1571
Council Minutes
July 5, 1983
SPERRY CORPORATION - NOISE COMPLAINT
Two letters of complaint were received from residents in Timberline
Addition indicating that there is a large degree of noise from the Sperry
Semi-Conductor facility south of Timberline Addition and requested that the
City investigate the noise and attempt to abate. Smith moved, Thomas seconded
the motion to acknowledge receipt of the letters and instruct the staff to
investigate the complaints concerning both lighting and noise and also to
attempt to work with the neighbors concerning the issues. All voted yea.
TOM GUSTAFSON - PARK AND RECREATION COMMISSION
A letter from Tom Gustafson resigning from the Advisory Park and Recrea-
tion Committee was received. Upon motion by Egan, seconded Wachter, it was
resolved that the resignation be accepted and authorize the selection of the
replacement, noting that the Council has recently advertised for a replacement
for another member and that the selection will be made from the current pool
of applicants. All voted yea.
EAGAN POPULATION
Thomas Hedges announced that the Metropolitan Council has recently sub-
mitted an estimate of the Eagan population as of April 1, 1983, of 25,080.
PROJECT #374 - EAGANDALE OFFICE PARK HEARING
Mayor Blomquist convened the public hearing regarding Project #374 con-
sisting of street and utility improvements in the Eagandale Office Park area.
Mr. Colbert introduced the project and the Consulting Engineer Bob Rosene
explained the project in detail. Tom Davis of Northwestern Mutual Life and
Bob Worthington of Opus Corporation were present. There were no objections
and they recommended approval of the project. Wachter then moved, Smith
seconded the motion to close the hearing, order in the project and to autho-
rize the preparation of plans and specifications. All voted yes.
4
OC18r
Council Minutes
July 5, 1983
PROJECT #375 - SOUTH OAKS ADDITION - STREETS AND UTILITIES
The next hearing convened by the Mayor concerned Project #375 regarding
street and utility improvements in the South Oaks Addition area. Mr. Colbert
stated that the City Council received a. Petition from several residents within
South Oaks Addition requesting the preparation of a feasibility report regard-
ing streets and utilities, noting that there had been some sanitary sewer
problems in the area. Several written objections had been received pertaining
to the proposed improvement, others favoring the utility improvements and
recommending against the approval of the street improvements. Mr. Colbert
also stated that a neighborhood meeting had been held with staff members to
review the project in detail. A large number of affected owners were present
at the meeting, many of whom objected to certain aspects of the project.
Other affected residents appeared and favored the utility improvements, but no
one present was in favor of the street improvements because of the expected
high cost. A Petition was signed by about 20 persons against the project and
was submitted by Steve Swanson. Others that spoke were John Larson, Roger
Weierke, and many others. A Petition from owners on Dodd Road against the
project was also submitted and Councilman Smith stated there was no attempt to
force the project in part or in whole upon the neighborhood. Smith then
moved, Wachter seconded the motion to eliminate the street improvements from
the project. There was general consensus against concrete curb and gutter and
blacktop and some persons requested a continuance for another neighborhood
meeting to discuss the current proposal. After lengthy discussion, including
one hour of hearing, Egan moved, Wachter seconded the motion to continue the
hearing until the next regular meeting of the City Council, July 19, 1983 and
the staff was directed to provide information for a meeting to be held by the
neighbors in the South Oaks Addition to include new information concerning
estimates of costs. All voted yes.
PROJECT #378 - PARK RIDGE ADDITION - TRUNK WATER MAIN
The public hearing regarding Project #378 regarding trunk water main in
Park Ridge Addition, east of Galaxy Avenue near Covington Lane was convened by
Mayor Blomquist. The project was explained by Mr. Colbert and Mr. Rosene and
there being no objection, Wachter moved, Egan seconded the motion to close the
hearing, to order in the project and to authorize the preparation of plans and
specifications. All voted yea.
5
0('184
Council Minutes
July 5, 1983
PROJECT #177 - PILOT KNOB ROAD - STORM SEWER IMPROVEMENTS
The Mayor then convened the public hearing regarding the final assessment
roll for Project #177 concerning storm sewer improvements in the Pilot Knob
Road area. Mr. Colbert reviewed the final assessment roll and indicated the
number of parcels affected, the 15 year proposed assessment of the interest at
12.5% with a total amount assessed of $195,169.26, which was constructed under
County Contract #3105. He noted the public hearing date was on June 19, 1979.
Marjorie Brandt appeared and stated that there is a pond in her yard and that
she did not appear to receive benefit. Staff will investigate her parcel.
Ada Dean, 2980 Pilot Knob Road objected to certain lots along Pilot Knob Road
not being assessed and others being assessed, and staff attempted to answer
her question. The senior citizen deferment provision under the Ordinance was
explained and also Mr. Colbert stated that if there are construction problems
and any specific objections, that a letter should be sent to the City Hall
concerning those issues. Dick LeMay asked that the staff review the assess-
ments on his property and Jurdy Road, as did Al Drenckhan. After many ques-
tions were raised by persons present, Smith moved, Thomas seconded the motion
to close the hearing, to approve the assessment roll and direct the staff to
work with owners concerning their problems, and further, that the roll be
submitted to the County Auditor for spreading on the tax rolls. All voted
yes, except Egan who abstained.
PROJECT #200 - PILOT KNOB ROAD - STREET IMPROVEMENTS
The final assessment hearing regarding street improvements on Pilot Knob
Road under Project #200 was convened by the Mayor. Mr. Colbert explained the
project in some detail and stated that the property with direct access to
Pilot Knob Road would be assessed one-half residential equivalent for R-1
property, multiple residential would be assessed a full residential equivalent
and R-1 property that does not take direct access, there would be no assess-
ment. Industrial and commercial are assessed at full rate for fifty two foot
wide streets. Rodney Schaumberg appeared and objected to the construction of
the street and indicated that the County did not properly acquire easement
rights along his property. After discussion, Wachter moved, Egan seconded
the motion to close the hearing and to approve the assessment roll and order
that it be certified to the County with the understanding that questions and
problems that have arisen should be addressed in writing to staff for investi-
gation and reply. All voted in favor.
6
Council Minutes 185
July 5, 1983
PROJECT 182R - T.H. 55/BURR OAK POND - TRUNK STORM SEWER
FINAL ASSESSMENT HEARING
The hearing regarding final assessments under Project 182R covering trunk
storm sewer improvements in the T.H. 55/Burr Oak Pond area was then opened by
the Mayor. Mr. Colbert explained the project and reviewed the assessments
with the Council. Stan Piekarski submitted a written objection and also
appeared objecting to the lack of benefits to his property. It was noted,
however, that he had had flooding on his property north of Highway #55 and
this was the primary reason for the installation of the trunk system. A
letter of objection was also received from Harvey Kirchner, concerning the
assessments against his property. After discussion, Egan moved, Smith
seconded the motion to close the hearing, to approve the assessment roll as
presented and direct that it be forwarded to the County Auditor to spread on
the tax roll. All voted yes.
PROJECT #302 - ASSESSMENT HEARING FOR O'NEILL POND
TRUNK STORM SEWER
The public hearing regarding the assessments for the O'Neill pond trunk
storm sewer under Project #302 was next presented to the Council. Mr. Colbert
discussed the assessment roll involving 183 parcels and a letter from Alfred
J.-Wiger and also from Lloyd W. Bergh objecting to the assessments were
reviewed by the Council. Mr. Colbert stated the Kollofski Addition property
used for residential purposes in the industrially zoned area, could be
assessed for residential purposes if the owner signs an agreement prescribed
by the City to revert to a higher rate if there is a change in use in the
future. There were no other objections presented and Egan moved, Smith
seconded the motion to approve the assessment roll, to close the hearing and
order it be certified to the County Auditor. All voted yes.
PROJECT #305 - WESCOTT ROAD - TRUNK WATER MAIN
ASSESSMENT HEARING
The next assessment hearing that was convened by Mayor Bea Blomquist
concerned Project #305 regarding Wescott Road trunk water main. A letter from
attorney Arnold Kempe on behalf of the McCarthy family objecting to the
assessments was noted by Mr. Colbert. After review of the assessment roll,
noting the objections that were received on two of the three parcels affected,
Smith moved, Thomas seconded the motion to close the hearing as to the proper-
ty where assessments were not objected to and to approve the assessment roll
and to authorize the roll to be certified to the County Auditor as to those
parcels; further, to continue the hearing regarding the McCarthy property,
which hearing will be continued until August 16, 1983 at 7:00 p.m. at the
Eagan City Hall. All members voted yes.
7
0Cx86
Council Minutes
July 5, 1983
PROJECT #318 - ASSESSMENT HEARING - YANKEE DOODLE ROAD
STREETS AND STORM SEWER
The public hearing next convened concerned Project #318, the final
assessment hearing for Yankee Doodle Road streets and storm sewer project.
Public Works Director Colbert explained the project and there were no objec-
tions. Upon motion by Wachter, seconded Egan, it was resolved to close the
hearing, approve the assessment roll and certify it to the County Auditor.
All voted in favor.
PROJECT #319 - ASSESSMENT HEARING - BURR OAK POND
TRUNK STORM SEWER OUTLET
The hearing was next convened concerning Project #319 regarding the storm
sewer outlet for Burr Oak Bond area. After discussion and review by Mr.
Colbert, there being no objections, Egan moved, Wachter seconded the motion to
close the hearing, to approve the assessment roll as presented and authorize
it to be certified to the Dakota County Auditor. All voted yes.
PROJECT #326 - ASSESSMENT HEARING - HAY LAKE/SOUTH OAKS
TRUNK SANITARY & STORM SEWER
The next hearing that was reviewed by the Council covered Project #326
which was the Hay Lake/South Oaks trunk sanitary and storm sewer improvement
assessment hearing. After convening by the Mayor, Mr. Colbert explained the
project and there were no objections to the project, except from Mr. & Mrs.
Gary Koss. Smith then moved, Thomas seconded the motion to close the hearing,
to approve the assessment roll as presented by the staff and to authorize it
to be forwarded to the County Auditor to be spread on the tax rolls. All
voted yea.
PROJECT #334 - ASSESSMENT HEARING - PILOT KNOB ROAD - SERVICES
The final assessment roll for Project #334 was presented to the City
Council and the hearing regarding the roll was convened by the Mayor. A
letter from Brian Becker was discussed and Mr. Colbert stated that the objec-
tion was valid and the assessment should not have been assessed against the
property. The roll was recommended for approval by the staff and Wachter
moved, Egan seconded the motion to close the hearing, to approve the hearing
with the elimination of the Brian Becker property and that the balance of the
roll be forwarded to the County Auditor. All voted yes.
8
Council Minutes
July 5, 1983
PROJECT #345 - WILDERNESS RUN ROAD - STREETS & STORM SEWER
ASSESSMENT HEARING
The public hearing regarding the final assessments for Wilderness Run
Road streets and storm sewers under Project #345 was convened by the Mayor.
There were no objections to the project. Mr. Colbert reviewed the assessment
roll as proposed. Egan moved, Wachter seconded the motion to close the hear-
ing, to approve the assessment roll as prepared and to authorize it to be
forwarded to the County Auditor to be spread on the tax rolls. All voted yea.
PROJECT #347 - MARTIN SHIELDS - SANITARY SEWER
ASSESSMENT HEARING
The final assessment hearing for Project #347 covering the sanitary sewer
crossing on the Martin Shields property was next reviewed by the Council.
There were no objections to the project and Mr. Colbert explained the roll in
some detail and Smith moved, Thomas seconded the motion to close the hearing,
to approve the assessment roll and to authorize it to be forwarded to the
County Auditor. All voted yes.
UNITOG RENTAL SERVICES - INDUSTRIAL REVENUE FINANCING HEARING
The Mayor convened the public hearing regarding the request of Unitog
Rental Services for Industrial Revenue Financing in the amount of
$1,815,000.00 for an industrial laundry in the Eagandale Center Industrial
Park. The proposal is for a 27,000 square foot one-story precast concrete
building and will provide employment for approximately 75 people. Land will
be removed from the financing, and a letter from Miller & Schroeder recommend-
ing approval of the project was discussed. Mr. Sharke and Mr. Ubanks were
present on behalf of the applicant and requested that the Council proceed with
the hearing, even though the procedure had not been completed through the
Energy Agency. Councilman Smith questioned the equipment in the amount of
$900,000.00. The step vans are not included in the proposed IR financing and
Councilmembers requested that a list of the equipment be submitted in detail,
with the projected useful life of the personal property. Smith moved, Egan
seconded the motion to close the hearing, to approve the industrial revenue
financing as requested. All voted in favor.
CLEARVIEW 3RD ADDITION
A request had been made for a 12 month extension of the preliminary plat
of Clearview 3rd Addition by Joe Peterson. A letter was submitted from Mr.
Peterson dated June 30, 1983 indicating that he is working toward the comple-
tion of the final plat. Wachter moved, Smith seconded the motion to authorize
the continuance for an additional 12 months with the understanding that Mr.
Peterson will complete the final plat within that period of time. All voted
yes.
9
Council Minutes
July 5, 1983
ROBIN LANE - CONTRACT #83-7
Plans and specifications for Robin Lane under Contract #83-7 have now
been completed. It was recommended, however, that because certain easements
have not been acquired, that the Council continue consideration of the plan
approval until the July 19, 1983 meeting. Smith moved, Egan seconded the
motion to continue consideration of the plan approval as recommended. All
voted in favor.
MALLARD PARK 2ND ADDITION - REZONING AND PRELIMINARY PLAT
Tollefson Builders and Carl Tollefson requested the Council reconsider
the rezoning of the Mallard Park 2nd Addition into Mallard Park 4th Addition.
It was noted that the City Council on June 21, 1983 voted against the re-
zoning. Thomas moved, Smith seconded the motion to reconsider the application
for approval of the Mallard Park 2nd Addition rezoning. All voted in favor
except Wachter who voted no. Bill Dolan and Carl Tollefson were present and
reviewed the revised plat, indicating that the minimum lot sizes were over
10,000 square feet rather than some down to 9,000 square feet originally. The
number of lots in the subdivision have been reduced from 54 to 51 with 14,480
square feet average lot size. Mayor Blomquist was still concerned about the
joint services and it was noted, however, that the lots involving joint ser-
vices were reduced from 12 to 7 lots, and will be handled similar to the
duplex joint service connections. The minimum width on the lots along the
south line is 68 feet and there was a lengthy discussion concerning the goal
of the City regarding smaller lots and the mixed housing opportunities.
Councilman Wachter opposed the shorter frontages, but Councilman Egan cited
the difficulty in selling large lots, particularly in this area, and the
appropriateness in this location because of the surrounding multi-family uses.
Thomas moved, Smith seconded the motion to approve the rezoning of the Mallard
Park 2nd Addition from R-1 to Planned Development. Those in favor were Smith,
Egan and Thomas. Those against were Blomquist and Wachter and the motion
failed.
CABLE TELEVISION FRANCHISE AMENDMENTS
Mr. Hedges stated the franchise ordinance for Burnsville/Eagan Cable T.V.
has been sent to the Group W home office in New York for review and final
consideration and negotiations have taken place between Tom Creighton, the
Burnsville/Eagan Committee legal counsel, with minor amendments to the fran-
chise ordinance, copies of which were distributed to the Council. It is now
recommended that the Council approve the amendments to the Cable T.V. Fran-
chise Ordinance originally approved by the Council at the June 7, 1983 City
Council meeting. Tom Creighton was present and noted that the Ordinance had
now been signed by Group W. Smith moved, Thomas seconded the motion to
approve the amendments to the Cable T.V. Franchise Ordinance and authorize the
publication of the Ordinance. All voted in favor.
SEE AGREEMENT FILE
10
0tx83
Council Minutes
July 5, 1983
OAKWOOD HEIGHTS 2ND ADDITION - PHASE II - PRELIMINARY PLAT
The first item of new business concerned the application of Countryside
Builders, Inc. for preliminary plat approval of Oakwood Heights 2nd Addition,
Phase II, consisting of approximately 16.6 acres and containing 25 duplex
lots. The Advisory Planning Commission at its public hearing on June 28, 1983
recommended approval, subject to certain conditions. Ralph Wagner, Engineer,
and Jerry Lagro, Developer, were present. Mr. Wagner stated that 6 lots are
under the minimum frontage with a deduction of one lot in the project. Three
lots are under the minimum square footage requirements of the ordinance for
duplexes. There was discussion concerning the proposal for the acquisition of
Lot 1, Block 2, for a fire station site and Mr. Lagro stated he would reserve
that lot until the City determines whether it would acquire the lot. There
were concerns by Council members as to whether it was a proper location and
requested that the Fire Department do more investigation as to a future site
in the area. Mayor Blomquist was concerned about the undersized lots for R-2
zoned area and stated that this would be a precedent if approved. The density
range, however, is 3.01 at the low end of the R-2 density. Smith moved,
Thomas seconded the motion to approve the application, subject to the follow-
ing conditions:
1. A deviation in lot area shall be allowed on Lots 2, 10, and 11,
Block 2, and a deviation in lot width shall be approved on Lots 2, 4, 5, 6, 7,
and 8, Block 2.
2. The park boundaries of this plat shall be reviewed by the Park
Committee and be subject to their recommendation.
3. The provisions of the Lexington South Planned Development Agreement
shall be complied with in all respects as a part of the approval of this
preliminary plat.
4. The preliminary plat shall be approved by the Dakota County Plat
Commission prior to the filing of the final plat.
5. The area to be dedicated for park shall be included in the plat and
platted as an outlot.
6. The City Council shall determine whether Lot 1, Block 2, should be
purchased by the City for a fire station location and if such a site is
acquired or proposed that an adequate sign be installed that a fire station
may be considered.
7. All other applicable ordinances shall be met including the normal
setbacks for buildings in accordance with an R-2 (Residential Double)
District.
8. A homeowners association including articles and declarations shall be
a condition of final plat approval and approve by the City.
11
'i0
Council Minutes
July 5, 1983
9. Subject to engineering recommendations for this phase.
10. Landscaping plans shall be submitted and approved at the time each
building permit application is submitted.
11. A trail shall be installed at the developer's expense along Dodd
Road and Wilderness Run Road according to City standards.
Those in favor were Thomas, Smith and Egan; those against were Blomquist
and Wachter.
SEE PLAT FILE
BLACKHAWK ACRES - REZONING AND PRELIMINARY PLAT
The application of Mr. Herbert Bergstrom for rezoning from R-4 to R-3 of
5.5 acres and replat of Blackhawk Acres was next brought before the Council.
Mr. Bergstrom was present as was Brad Swenson, Engineer. The Planning Commis-
sion, at its meeting on June 28, 1983 recommended approval subject to certain
stipulations. Mr. Swenson explained there was a problem with development
because of several easements including the easement granted to the City for
the storm sewer outlet from Blackhawk Lake. The plan is to down-zone the
property from R-4 to R-3. Neighbors to the east who appeared at the Planning
Commission meeting expressed concerns about elevation, preservation of large
oak trees and other issues. He also stated that the easement for roadway has
eliminated the development on a portion of the property and that the developer
has now shifted the design and moved the buildings further from the single
family dwellings to the east. The request was to rezone the entire site. Mr.
Bergstrom stated that the developer cannot guarantee a minimum $90,000.00
value for each unit because no specific builder has been acquired at the
present time. Thomas moved, Egan seconded the motion to approve the applica-
tion for rezoning from R-4 to R-3. All voted in favor. Egan moved, Wachter
seconded the motion to approve the application for preliminary plat with the
following conditions:
1. A development agreement shall be entered into between the City and
the applicant prior to final plat approval.
2. The townhouse association including the articles, bylaws, and re-
strictions shall be reviewed by City staff prior to final plat.
3. A detailed landscape plan shall be submitted and an adquate landscape
bond shall be required and not released until one year after the landscaping
has been completed, including the landscaping along the east boundary border-
ing the single family homes and also the oak tree on the site shall be pre-
served; further, that the neighbors will review the landscape plan when it has
been completed.
4. The parking areas shall be blacktop surface and concrete curbing
shall be provided around the perimeter of the parking area.
12
Council Minutes
July 5, 1983
5. Robin Lane shall be upgraded with this development proposal.
6. All easements shall be dedicated as requested by City staff.
7. A detailed erosion control/grading plan shall be approved by staff
prior to final plat approval.
8. A variance shall be granted for the south private drive to exceed the
8% maximum grade if the grade cannot be flattened when the final grade for
Robin Lane has been established.
9. If installed privately, utilities and street plans and specifica-
tions shall be prepared by a registered engineer and submitted for approval by
staff.
10. The proposed private drives shall be 24 feet wide with concrete
curbing and bituminous surfacing.
11. The parking stalls shall be constructed according to City Code.
12. Access to Lots 1 and 2, Blocks 4 and 5, shall be removed from Robin
Lane and directed to the internal private drive, but such access shall be
reviewed by the staff.
13. The permanent and temporary easement right-of-way for the realign-
ment portion of Robin Lane which previously has not been dedicated shall be
dedicated as a part of the final plat and shall be 60 feet wide.
14. Site distance drawings shall be included with the development agree-
ment to reflect the site distances.
All voted yes.
R 83-43
SEE PLAT FILE
CHARKIST CORPORATION - ON-SALE BEER AND WINE
CONDITIONAL USE PERMIT
The application of Charkist Corporation and Patricia Leahy for condition-
al use permit for on-sale beer and wine on Lot 1, Block 3, Cedar Industrial
Park in the Seneca Building was then brought before the Council. The Advisory
Planning Commission recommended approval subject to certain conditions. Pat
Leahy was present and discussed the issues that have been raised by the
Planning Commission, including parking and noted there are 66 spaces for
customer parking. All tenants had been notified of the meeting and there were
13
Council Minutes
July 5, 1983 no objections to the application. Smith moved, Thomas seconded the motion to
deem the proposal a Class I restaurant facility based upon the facts presented
which will be allowed in an I-1 Light Industrial District, with the under-
standing that the staff will calculate the parking requirements for the
tenants in the building. All voted in favor. Egan then moved, Smith
seconded the motion to approve the application for conditional use permit and
further to authorize an amendment to the ordinance to allow beer and wine in
an I-1 Light Industrial District through conditional use permit and subject to
the following conditions:
1. The entire parking lot shall be'striped in order to clearly indicate
the parking stalls according to City standards of 10 feet by 20 feet and
adequate parking spaces shall be available for all uses in the building in-
cluding this restaurant facility.
2. All other applicable ordinances shall be complied with.
All voted in favor.
CONTRACT #83-11 - EAGANDALE OFFICE PARK - STREETS & UTILITIES
The plans and specifications have now been submitted for the Eagandale
Office Park streets and utilities under Contract #83-11 and it was recommended
that the plans and specifications be approved. Upon motion by Egan, seconded
Wachter, it was resolved that the plans and specifications be approved for
Contract #83-11 and that the Clerk be authorized to advertise for bids to be
opened at 10:30 a.m. on Thursday, July 28, 1983 at the Eagan City Hall. All
voted yes.
SCOTT TRAIL - COMMERCIAL BUSINESS OBJECTION
Steve Darling and a neighbor appeared regarding their objections con-
cerning the operation of an insulation business from a reidential home on
Scott Trail. He questioned whether the City would allow the operation of a
business in a duplex unit and stated that the neighbors are objecting to the
use in that location. The Council requested the staff to investigate the use
of the premises and report to the Council.
JAMES HORNE ASSESSMENT APPEAL
Mr. Hedges stated that he met with James Horne and his attorney con-
cerning the assessment appeal scheduled for July 13, 1983. A letter of pro-
posal has now been submitted from Mr. Horne's attorney recommending settlement
of the storm sewer assessments on the Horne property, and there was discussion
by the Council concerning settlement. No action was taken and Council indi-
cated that it would hear any proposals for settlement at the July 13, 1983
continued hearing.
14
OC 9
Council Minutes
July 5, 1983
SPECIAL ASSESSMENT COMMITTEE
The Special Assessment Committee is scheduled to hold a meeting at 5:00
p.m. on Thursday, July 21, 1983 at the City Hall.
CHECKLIST
Smith moved, Wachter seconded the motion to approve the following Check-
list dated: July 5, 1983.
All voted yes.
OUTLOT B - PILOT KNOB HEIGHTS 4TH ADDITION
City Attorney Paul Hauge reported on further negotiations concerning the
acquisition of Outlot B, Pilot Knob Heights 14th Addition for park purposes.
He stated that it appeared the parties were now in agreement on the purchase
price. Upon motion by Smith, seconded Wachter, it was resolved to authorize
the Purchase Agreement to be prepared and submitted to the sellers for the
acquisition of the lot. All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:50 p.m.
All voted yea.
PHH
Cit Jerk
15