07/19/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 19, 1983
A regular meeting of the Eagan City Council was held on Tuesday, July 19,
1983, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City
Administrator Hedges, Public Works Director Colbert, City Engineer Rosene, and
City Attorney Hauge. _
Due to the heavy afternoon rain and wind, the electrical power in the
City Hall was not operating and it continued to be out until about 10:00 p.m.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
presented. All voted yea.
MINUTES
The minutes of the regular meeting of July 5, 1983, were presented and
upon motion by Wachter, seconded by Egan, it was Resolved that the minutes be
approved with the exception that on page 5, relating to Project #375, that the
staff was directed to provide information for a meeting to be held by the
neighbors in the South Oaks Addition area. All voted in favor.
REAL ESTATE TAX ABATEMENTS
Bill Peterson of the Dakota County Assessor's office appeared and recom-
mended approval of tax abatements for Carl Voight, reduced to $24,136.00, and
Milton C. Peterson, reduction for 1980, 1981, and 1982. Upon motion by Smith,
seconded Thomas, it was resolved that the recommendation be approved. All
voted in favor.
POLICE DEPARTMENT
A letter was reviewed by Police Chief Jay Berthe recommending that the
Council approve the promotion of Tom Schoenecker from cadet to full-time
police officer effective August 1, 1983. Upon motion by Thomas, seconded
Wachter, it was resolved that the recommendation be approved. All voted yea.
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PARK AND RECREATION DEPARTMENT
Bike Path Designation. A letter from Park Director Ken Vraa recommending
that certain paths in the City be designated as bike paths, including Rahn
Road, Johnny Cake Ridge Road, and Beau D' Rue Drive, together with several
other routes with access to the Dakota County Library. Upon motion by Smith,
seconded Egan, it was resolved that the proposal as recommended be approved.
All voted in favor.
CONSENT AGENDA
The following items on the Consent Agenda were recommended for approval
by the City staff:
1. Contractors' Licenses. The following license applications were sub-
mitted and recommended for approval: General Contractors, Brutger Companies,
Inc., Straus Construction, Tinnes Homes, Inc.; Starlight Pools - swimming pool
contractor.
2. 911 Public Safety Communication Plan. An amended Dakota County 911
Public Safety Answering Point Backup Communication Plan was submitted covering
the Cities of Burnsville, Lakeville, Eagan, Apple Valley and the staff recom-
mended approval of the plan as presented.
3. Water Treatment Plant - Contract #83-1, Change Order No. 2. Public
Works Director Tom Colbert and Consulting Engineer Bob Rosene recommended
after investigation that the Council approve the change order covering the
increase in filtration capacity for an add on of $21,035.00, stainless steel
material for backwash troughs, with a deduct of $46,476.00, and damp proofing
with an add on of $3,939.00 to Contract #83-1 for the water treatment plant,
with a net deduct amount of $21,502.00.
4. 1984 LAWCON Grant Application. On July 7, 1983, the Advisory Park
and Recreation Committee approved a recommendation that a grant application
for 1984 LAWCON funds be submitted for the development of Fish Lake Park. The
staff recommended approval of the preparation and submission of application in
the sum of $30,000.00.
5. Galaxie Avenue Surfacing, Contract #83-12, Final Payment. The City
has received a request for final payment to McNamara Vivant Contracting
Company in the amount of $8,848.66 for the fifth and final payment for Con-
tract #82-12 under Project #311B. It was recommended it be approved and the
project be accepted for perpetual maintenance.
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6. Pipeline Easement Reduction Agreement. With the construction of the
water treatment plant at its proposed location it is necessary to request a
reduction of the 100-foot easement from Northern Natural Gas Company to allow
the placement of the existing facility and its future expansion. It was
therefore recommended that the Council authorize the request for reduction of
the easement to a 66-foot wide easement in the form of a modification and
amendment to the easement grant.
7. Pipeline Easement Encroachment Agreement. It was next recommended by
the staff that the Council approve an encroachment on the Northern Natural Gas
Company easement for construction, grading, parking lot surfacing, land-
scaping, etc., and that the mayor and clerk be authorized to execute the
necessary documents.
Wachter moved, Egan seconded a motion to approve the foregoing consent
agenda items as recommended and authorize the necessary documents to be
signed. All voted yea.
SOUTH OAKS - STREETS & UTILITIES - PROJECT #375
Mayor Bea Blomquist announced the continued public hearing regarding the
proposed street and utility improvements in the South Oaks area under Project
#375. The Council had continued the hearing from July 5, 1983, and the staff
was directed to modify the preliminary assessments eliminating the permanent
street surfacing and addressing only the installation of utilities. Those
proposed amended assessments were distributed to property owners and a neigh-
borhood meeting was held. Mr. Colbert explained the proposed revised assess-
ments. Steve Swanson, a resident, together with numerous other residents were
present and Mr. Swanson stated that a majority of the people were opposed to
the entire plan at the present time. He submitted two petitions, one against
the revised plan with 27 signatures and one in favor of the revised proposal
with eight signatures, and one in favor of the original project. Many other
interested persons spoke including Roger Wierecke of Cliff Road, who opposed
the project. Mr. Pellant stated he favored the project and others noted that
there were some sanitary sewer problems in the area. One resident recommended
that the Council advertise for bids and in the event they are low enough that
the affected owners could then decide whether to proceed. The majority who
spoke opposed any improvements. Councilman Smith stated that it is expected
that if there are some sanitary sewer problems at the present there may be
more and that within a few years it is expected that the neighbors will again
petition for a feasibility study. Smith moved, Egan seconded the motion to
close the hearing and to deny Project #375, noting a large majority opposed
any improvements at the present time. All voted yes.
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GEORGE BECKER CONDITIONAL USE PERMIT
At the July 5, 1983, meeting, the Council approved certain conditional
use permits with the understanding that the permit for George Becker at 3890
Lexington Avenue for a group foster home would be approved only if the home
was still in operation. Mr. Hedges stated that Mr. Becker had moved from the
City and recommended that the application be denied. Upon motion by Egan,
seconded Wachter, it was resolved that the recommendation be approved and that
the permit not be granted. All voted-yes.
VIC ROLFING - RESIGNATION
Vic Rolfing, a member of the street maintenance division has submitted
his resignation effective July 29, 1983 and it is recommended it be approved.
Wachter moved, Egan seconded the motion to accept the resignation and acknow-
ledge thanks on behalf of the City and further, to authorize immediate re-
placement of the position in the Public Works Maintenance Division. All voted
yes.
NICOLS ROAD - SANITARY SEWER REPAIR
Mr. Colbert stated that the Public Works Maintenance Division televised
all of the lines in the Cedar Grove No. 1-4 Additions but at Nicols Road,
south of Sapphire Lane, the City was unable to televise the lines. He stated
that approximately 200 feet of the sewer needs replacement and it was recom-
mended the City approve a bid of $4,400.00 from Mueller Pipeliners, Inc. for
the reconstruction work. Smith moved, Wachter seconded the motion to autho-
rize the expenditure of repair of 200 linear feet of sanitary sewer on Nicols
Road Service Drive, south of Sapphire Lane with the understanding that the
staff will acquire one additional bid and accept the low bid. All voted yes.
BLACKHAWK OAKS - STREETS AND UTILITIES - PROJECT #376
The Developers of the Blackhawk Oaks subdivision petitioned for street
and utility improvements in proposed Blackhawk Oaks Subdivision and a public
hearing was convened by the Mayor regarding the Project. Larry Frank, on
behalf of the Developers, requested a continuance to September 20, 1983 to
further review the utility issues in the project. Wachter moved, Smith
seconded the motion to continue the public hearing under Project #376 until
September 20, 1983 at 7:00 p.m. at the City Hall and that the staff send
letters to the affected property owners regarding the continuance. All voted
in favor.
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HILLCREST ADDITION - PROJECT #379 - STREETS AND UTILITIES
The public hearing regarding the request of the developers of the
Hillcrest Addition feasibility report for streets and utilites in the subdivi-
sion was next convened by the Mayor. Mr. Colbert and Mr. Rosene discussed the
project in some detail and the developers of the subdivision, together with
some neighboring affected property owners were present. There were no objec-
tions to the project. Smith moved, Egan seconded the motion to close the
hearing, to authorize the project to be installed and further, that the Con-
sulting Engineer be authorized to prepare the plans and specifications. All
voted in favor except Wachter who voted no.
EAGAN INDUSTRIAL ROAD & TRAPP ROAD - VACATION HEARING
The public hearing regarding the vacation of a portion of Eagan Indus-
trial Road and Trapp Road drainage and utility easements and road right-of-way
was convened by the Mayor. City Attorney Paul Hauge stated that he had had
conversations with the attorney for Northwestern Mutual Life Insurance Co.,
the owner of the property, and recommended that because the final plat for the
surrounding subdivision was scheduled to be heard later in the meeting that it
be continued to that time. Upon motion by Egan, seconded Wachter, it was
resolved that the hearing be continued until the Council has acted upon the
application for final plat approval of Eagandale Office Park. All voted yea.
PARK & RECREATION COlMIISSION APPOINTMENTS
Mr. Hedges stated that there are two vacancies on the Park and Recreation
Commission and that 10 persons have applied for appointment. These 10 persons
were interviewed by the Council on Wednesday, July 13, and the Council will
vote at the current meeting on the replacements. Secret ballots were used and
Sandy Bertz and William C. Jackson were appointed to the unexpired vacancies
on the Commission.
COUNTRY STANDARD - SERVICE STATION RENEWAL
At the June 21, 1983 City Council meeting, neighbors and owners of
Country Standard appeared concerning the service station conditional use
permit renewal. Since that time, a meeting was held between neighbors, the
owners and City staff and after a second meeting of July 18, 1983 it was
recommended by the staff that the application be continued until August 16,
1983 to permit further negotiations between the affected parties. Thomas
moved, Wachter seconded the motion to accept the recommendation to continue
until August 16, 1983. All voted yes.
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WOLD CRAIBERLAIN AIRPORT - AIR TRAFFIC NOISE
City Administrator Tom Hedges stated that there have been additional
complaints that have been received at the City Hall concerning increased air
traffic noise over the City resulting from the take-offs and landings at Wold
Chamberlain Airport. He had invited Tim Anderson, Manager of Noise Abatement
and Environmental Affairs for the Metropolitan Airports Commission, to be
present at the meeting and to explain the current two-year experiment relating
to take-offs and landings and also to answer questions of the Council and
cother affected residents. Tim Anderson did appear with some drawings of the
flight patterns in the airport area and a number of affected residents from
throughout the City were also in attendance. Mr. Anderson stated that nearly
55% of the departures and arrivals at the airport have been over the northern
Eagan area in recent years. The policy of the MAC and FAA is to keep air
traffic in the areas where there are the fewest people residing and he also
stated that an attempt has been made on Runway #22-4, running southwesterly to
divert the traffic across the Minnesota River along Cedar Avenue which began
in December of 1982. He stated that an FAA change in regulations at that time
allowed left turns, and now about 30% of the traffic on Runway #22 is given a
bearing of 180. The FAA has allowed the experiment for two years, or two
noise seasons, and Mr. Anderson's office will continue to watch and monitor
the traffic during that period of time. The FAA would then be required to do
an EAW and if there is a finding of significant impact then an environmental
impact statement would be required. Mayor Blomquist outlined areas of concern
and stated that the impact appeared to be throughout the City and she was
further greatly concerned about the affect of Eagan's newly adopted Comprehen-
sive Plan and what the changes in the flight pattern would do to the planning
throughout the City. An attempt was being made to create a fanning effect
from Runway #22-4 in order to determine the imapct of spreading the traffic
over a broader area.
Councilman Egan objected to the planning problems that result and the
objections that arise after specific routes have been in place for a period of
years. Mr. Anderson also stated that the airlines control the rate of climb
and not the FAA or MAC and further, he requested that he be informed con-
cerning deviations from the flight paths in order to monitor them. Councilman
Smith noted the problems that have arisen because of the increased traffic in
the westerly area of the City and suggested the planes climb on Cedar Avenue
for three or four miles, then throttle down over the residential area and when
past the residential areas, then increase their climb; it was also understood
that in-flight pilots are under the jurisdiction of the control tower at all
times, according to the information received by Councilmembers. After a very
lengthy discussion, Mayor Blomquist moved, Egan seconded the motion to direct
the Eagan City Administrator to request and obtain from the Metropolitan
Airports Commission, through Mr. Tim Anderson, a map suitable for newspaper
publication providing specific detail concerning the location of the flight
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patterns over the City of Eagan; that the map and the information received
cover the 180 turn and the preferential runway as it relates to Eagan;
further, that a request be made for a written description for publication
purposes outlining the definition and scope of the flight deviations, the
frequency of trips over the City of Eagan and all other criteria related to
the two-year experiment, including the method intended to measure the
effectiveness of the two-year study; further, that the request include sta-
tistics covering the number of airplane take-offs and landings for each runway
at Wold Chamberlain Airport. All voted in favor.
ROBIN LANE - CONTRACT #83-7
The plans and specifications for Contract #83-7 covering street improve-
ments on Robin Lane have been completed and because all easements have been
acquired or are expected to be acquired in the very near future, the staff now
recommends that the Council approve the plans. Wachter moved, Smith seconded
the motion to approve the plans and specifications for Contract #83-7 and to
authorize the Clerk to advertise for the opening of the bids to be held at
10:30 a.m. on Thursday, August 11, 1983 at the Eagan City Hall. All voted
yes.
PEOPLES NATURAL GAS COMPANY - FRANCHISE ORDINANCE
Peoples Natural Gas, a subsidiary of Inter North, Inc., has requested
that the City Council consider the renewal of the 25 year non-exclusive fran-
chise ordinance that Peoples Gas currently has with the City. The Ordinance
does not expire until 1984, but for corporate planning and budget purposes,
Peoples has asked the Council to review the renewal as soon as possible. The
City Attorney and City Administrator have met with representatives of the
Company and indicated that the questions they raised basically have been
answered. Roger Lee of Peoples Gas was present at the Council meeting. The
staff was to meet with People's Gas representatives concerning the objections
relating to the above-ground structure and it was also understood that
People's Gas will consider landscaping and possibly place future structures
upon private property. After discussion, Smith moved, Thomas seconded the
motion to approve the Franchise Ordinance as requested by Peoples Natural Gas
Co. and direct the City Attorney to draft the necessary documents and to
implement the Gas Franchise Ordinance. All voted in favor.
SEE ORDINANCE FILE
MALLARD PARK 2ND ADDITION - REZONING REQUEST FOR RECONSIDERATION
William Dolan, on behalf of Tollefson Development, Inc. again requested
reconsideration of the Mallard Park 2nd Addition Rezoning and Preliminary Plat
application. Mr. Hedges explained the procedure for reconsideration. There
was no motion to reconsider and therefore no action was taken.
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VOGY'S, INC. - ON-SALE LIQUOR LICENSE
The application of Norman and Patricia Vogelpohl for on-sale liquor
license for Vogy's Restaurant at the corner of the Yankee Square Shopping
Center area at 3434 Washington Drive was considered by the Council. It was
noted that the staff has recommended approval based upon the information
submitted, but that a utility easement in the Wuthering Heights area and the
concern of the -City Council regarding the acquisition of the parcel from the
Super America owners, adjacent to the restaurant property, was discussed by
the Council. Mr. Vogelpohl was present and indicated the easement would be
granted and negotiations have taken place with Super America. After discus-
sion, Smith moved, Wachter seconded the motion to approve the application for
on-sale liquor license, subject to compliance with the necessary ordinances
and further, grant of the easement on the Vogelpohl property near Wuthering
Heights Road, and further, the resolution of the acquisition of the parcel
from Super America. All voted yes.
THOMAS LAKE HEIGHTS REPLAT
An application from Tri-Land Company for preliminary plat approval of
Thomas Lake Heights Replat to shift lot lines from the original Thomas Lake
Heights Plat for quadrominium units was then brought before the Council. Brad
Swenson appeared on behalf of Tri-Land Company and introduced Per Dahlstrom,
the Architect. It was noted the Advisory Planning Commission recommended
approval subject to certain conditions. Mr. Dahlstrom stated that there is
only a change in design of the buildings, particularly the exterior with small
movement of the lot lines because of the irregular shapes of the structures.
There being no objections, Egan moved, Thomas seconded the motion to approve
the application for preliminary plat, subject to the following conditions:
1. All of the conditions originally agreed upon for the Thomas Lake
Heights Plat shall be complied with.
2. A revised landscape plan shall be submitted and a revised landscape
bond shall be calculated and not released until one year after the landscaping
has been completed.
3. The revised plat shall be subject to all of the applicable condi-
tions in the Blackhawk Park Planned Development Agreement.
4. All buildings shall have a minimum setback of 30 feet from Clemson
Drive and there shall be a minimum of a 30 foot distance between quadrominium
buildings.
5. One homeowners association shall control the Thomas Lake Heights
development including the original plat and replat.
6. The buildings remaining to be constructed shall be of equal quality
to the existing buildings and be of equal size or greater.
All voted in favor. SEE PLAT FILE
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CHARLES L. PARAMORE - WAIVER OF PLAT
The application of Charles L. Paramore for waiver of plat to split a
duplex lot on Lot 1, Block 3, Ches Mar 1st Addition came before the Council.
The Advisory Planning Commission on June 28, 1983 recommended approval subject
to conditions. Mr. Paramore was present and there were no objections to the
application. Upon motion by Egan, seconded Wachter, it was resolved that the
application be approved, subject to the following: R 83-44
1. All necessary easements shall be dedicated to the City as recom-
mended by City staff.
2. Compliance with all applicable ordinances.
All voted yea.
LEXINGTON PLACE - PRELIMINARY PLAT REVISION
The application of U. S. Homes for preliminary plat revision for Lexing-
ton Place consisting of 84.6 acres of multiple development proposed to contain
240 dwelling units was then considered by the City Council. Dave Sellergren,
attorney, appeared together with certain other representatives, including
Chuck Winden, surveyor for the project. He reviewed the history indicating
the preliminary plat was approved for Lexington Place in early 1982 providing
for thirteen 24-unit buildings for a total of 312 units. Mr. Sellergren
indicated there would be a reduction of 72 units with 16 unit, 12 unit and 8
unit buildings. The building would be reduced from 3 to 2 stories with no
studio units, and prices in the upper $50,000.00 to $70,000.00 range. The
reduction is from 9.61 units per acre to 8.19 units per acre. There were no
objections to the application. The Advisory Planning Commission on July 12,
1983 recommended approval with certain conditions. Mr. Sellergren stated the
developer agrees with the conditions imposed. Wachter moved, Smith seconded
the motion to approve the application for preliminary plat approval, subject
to the following conditions:
1. Cross easements and parking easements shall be provided on the lots
which are served by common access with more than one dwelling unit.
2. The outside parking spaces shall be 10 x 20 feet and parking areas
shall be surfaced with concrete curbing around the perimeter of the parking
areas.
3. The homeowners association restrictions, articles and by-laws shall
be submitted and reviewed by the staff prior to final plat approval of the
first stage.
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4. The applicant shall submit a typical landscape plan for a unit.
This landscape plan shall be adhered to and an adequate landscape bond shall
be required and not released until one year after the landscaping has been
completed.
5. Preliminary plat shall be reviewed by the Eagan Park Commission and
subject to their recommendations. They shall also review the amenities the
developer is proposing to install for the development.
6. Preliminary plat shall be subject to Dakota County Plat Commis-
sion's review and comment, because the development abuts Lexington Avenue.
7. The green area between the parking area and rights-of-way shall be
decreased to 10 feet as proposed, allowing for a deviation from standard city
policy based on the need for a maximum amount of amenity in the central area
of the plat.
8. All other City ordinances shall be adhered to.
9. Service for sanitary sewer shall be allowed through Tomark Addition
for this proposed development, under the condition that the internal sanitary
sewer system shall provide flexibility in allowing approximately 60% of this
development to be redirected in the future through the Windcrest trunk system
to the south.
10. A storm sewer system connecting the proposed northerly pond (DP-18)
with the pond in the northwest corner of Yankee Doodle Road and Lexington
Avenue (DP-5) shall be constructed as part of Phase I improvements by the
City.
11. A positive gravity storm sewer outlet to service the property south
of Duckwood Drive shall be constructed to Hurley Lake in addition to develop-
ing the internal ponding area referenced as JP-45-
12. The construction of a 44 foot, 9 ton collector street for the
extension of Duckwood Drive to the east plat line shall be the responsibility
of this developer.
13. A 60 foot half right-of-way shall be dedicated for Lexington Avenue.
An 80 foot right-of-way shall be dedicated for Duckwood Drive.
14. All related trunk area assessments and lateral benefits from exist-
ing trunk utilities shall be levied in accordance with the Lexington Place
Development Contract, to which these conditions are attached at the time of
final plat approval, if not listed as a pending assessment under an approved
project of the City of Eagan.
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July 19, 1983 0C.27
15. Drainage/Ponding easements approved by the City shall be dedicated
of sufficient size to incorporate the required storage capacities as follows:
(DP-18 - 11.2 acre feet for controlled elevation of 876.0)
(JP-45 - 7.8 acre feet with a controlled elevation of 890.3)
16. This development shall provide for a future storm sewer outlet from
Pond JP-45 within the Carriage Hills Golf Course.
17. Ten foot drainage and utility easements shall be dedicated adjacent
to all public rights-of-way and adjacent to private property lines.
All voted yes. SEE PLAT FILE
SUN CLIFF - PRELIMINARY PLAT
The application of Advance Developers, Inc. for preliminary plat approval
of Sun Cliff Addition, consisting of approximately 89.1 acres and containing
277 dwelling units was next considered. The Advisory Planning Commission
heard the application on July 12, 1983 and recommended denial including those
reasons contained in the Advisory Planning Commission minutes. Dave
Sellergren was present and indicated that the proposal is to change the use
from R-4 to R-1 plus a few duplex units, with a total of 274 units. He stated
a meeting had been held with neighboring owners and that all single family
homes would now be built on Beaver Dam Road with the exception of one duplex
corner unit. The minimum width would be 60 feet at the building setback line.
He further stated that there would be proposals for amendments to the planned
development, including the extension of Beaver Dam Road southerly and also,
the south area would be proposed to be transformed into a mixed development,
including housing and commercial uses. He further requested that 20 foot
setbacks be allowed on interior lots because the streets would be 60 feet in
width, according to staff recommendation. Also, a trail would be eliminated
to the pond to the north. Several neighbors were present and generally agreed
with the proposal, with no objections. Mr. Sellergren stated that the intent
of the applicant is to rezone each of the phases as the time of request for
final plat approval. Thomas moved, Wachter seconded the motion to approve the
application, subject to the following conditions:
1. The developer shall submit an application for variance for lots and
internal streets for setback purposes.
2. The developer shall impose restrictive covenants for for maintenance
of the duplexes, rather than the imposition of a requirement for Homeowners
Association.
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July 19, 1983
3. Deviation from lot size shall be in accordance with the exibit
submitted stating all lot sizes within this development.
4. The 30 foot setback shall be allowed on Beaver Dam Road.
5. The parkland proposal shall be reviewed by the Park Commission and
be subject to their recommendation.
6. The development agreement shall be signed prior to the application
of final plat.
7. The plat shall be reviewed by the Dakota County Plat Commission
because it abuts a County Road.
8. All other applicable ordinances shall be complied with.
9. All easements shall be dedicated as requested by City staff.
All voted in favor. SEE PLAT FILE
VALLEY RIDGE TOWNHOMES - PRELIMINARY PLAT
- The application of Valley Ridge Townhomes and Gerald Hartman for pre-
liminary plat approval of Valley Ridge Townhomes to allow an existing town-
house development to be sold for owner/occupancy consisting of approximately
10.7 acres and containing 100 dwelling units was considered by the Council.
The hearing was held before the Advisory Planning Commission on July 12, 1983
recommending approval, subject to certain conditions. Wayne Cordes, Surveyor,
and Gerald Hartman were present. They stated that the construction of the
units took place for rental purposes in 1975 and the intent now is to sub-
divide so that the units can be sold. About $200,000.00 to $300,000.00 in
improvements have taken place on the property. There were no objections to
the proposal, but it was noted that a boundary line dispute has arisen along
the west boundary. There being no objections, Egan moved, Thomas seconded the
motion to approve the application, subject to the following conditions:
1. The City Attorney shall approve the Declaration of Covenants, Condi-
tions, Restrictions and Homeowner Association's Articles.
2. All easements shall be dedicated to the City as requested by City
staff.
3. The developer shall comply with all applicable ordinances.
4. Purchasers of townhome units shall be advised of the westerly
boundary dispute prior to such purchase.
All voted yes.
SEE PLAT FILE
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LEVI HEUER - WAIVER OF PLAT
The application of Levi Heuer for waiver of plat for the five acre lot
size requirement in an unsewered area, including a special permit to move a
house and building permit for a pole shed and transfer of a trailer permit was
considered by the Council. Mr. Heuer was present as was his son, Richard
Heuer, who explained that the I-35E right-of-way is now relocating Mr. Heuer
and he will be required to vacate his current home during the coming fall. A
variance from the procedure was requested for. the plat waiver and Mr. Heuer
submitted a letter signed by adjoining owners who indicated they did not
oppose the application. There was discussion concerning the need for the
Planning Commission to review the application and it was requested that the
information be transmitted to the Planning Commission. Wachter moved, Egan
seconded the motion to approve the waiver of plat, including the variance from
the procedural requirements, and the application for the other permits re-
quested by Mr. Heuer were approved, subject to the following requirements:
1. The property shall not be further subdivided until sewer and water
are available to the site.
2. The applicant shall locate the house and trailer and proposed garage
in accordance with the overlay for future plan, in order that when utilities
are available, the applicant can maximize the land use of the site.
3. The parcel shall be included with the platting of the property
either to the east or the west when this area is further subdivided.
All voted yes. A plan for the future subdivision of the property was
also submitted and reviewed by the Council.
R 83-45
HILLCREST ADDITION - FINAL PLAT
The application of Parranto Associates, Inc. for final plat approval of
Hillcrest Addition was submitted to the Council. The staff is working with
the Developer to obtain more detailed information pertaining to the grading
plan and the impact on the adjacent lots within Twin View Manor, east of
Richards Lane. Smith moved, Egan seconded the motion to approve the applica-
tion for final plat, subject to compliance with the necessary City ordinances.
All voted yea.
R 83-46
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EAGANDALE OFFICE PARK - FINAL PLAT
The application of Northwestern Mutual Life Insurance Co. for final plat
approval of the proposed Eagandale Office Park came next before the Council.
Mr. Hedges stated that negotiations have taken place between the applicant and
City staff, particularly concerning the park dedication requirement for com-
mercial/industrial property. The proposed Development Agreement requiring the
park contribution was discussed and a-letter from Robert Silverman, attorney
for the applicant, was also reviewed. It was suggested by Mr. Silverman, who
was present, together with Tom Davis of Northwestern Mutual, and Bob
Worthington of Opus Corporation, that the applicant would satisfy the park
dedication requirements for Eagandale Office Park, but would not waive the
right to contest park dedication requirements for other land owned by the
developer in the City of Eagan in the future. City Attorney Paul Hauge also
discussed with the Council the potential for a future contest on park dedica-
tion and Councilmembers indicated they saw no objection to the proposed
guarantee of satisfaction of park dedication for the current plat. Smith
moved, Wachter seconded the motion to approve the application for final plat,
subject to compliance with the necessary city ordinances, including park
dedication, with the understanding that the development agreement may be
amended to provide for wording whereby the developer will not waive any right
to contest the park dedication policy regarding any land, other than Eagandale
Office Park owned by the developer within the City. All voted yes.
R 83-47
CHARKIST CORPORATION - WINE AND BEER LICENSE
The application of Charkist Corporation and Patricia Leahy, who was
present at the meeting for on-sale wine and on-sale 3.2 beer license for
Charkist to be located at 1975 Seneca Road, was considered by the Council.
The staff recommended approval after investigation and satisfaction with all
ordinance requirements. There being no objections, Egan moved, Thomas
seconded the motion to approve the application, subject to compliance with all
necessary City requirements. All voted yes.
MARRIOTT HOMES, INC. - TEMPORARY ADVERTISING SIGN
An application from Marriott Homes, Inc. for two advertising signs for
Tiberon Addition on Cliff Road was presented to the Council. A representative
was present and there were no objections. One sign will be 14 feet above
grade at 1840 Cliff Road, and the other 20 feet above grade at 1625 Cliff
Road. Smith moved, Thomas seconded the motion to approve the application for
a two year period, subject to sign ordinance compliance.
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Council Minutes
July 19, 1983
RAGAN INDUSTRIAL ROAD & TRAPP ROAD - VACATION HEARING
The public hearing regarding the request of Northwestern Mutual Life
Insurance Co. for vacation of drainage and utility easements and road right-
of-way over a portion of Eagan Industrial Road and Trapp Road was next con-
vened by the Mayor. It was noted the hearing had been continued earlier in
the meeting and was now reconvened, noting that the final plat had now been
approved for this subdivision. Upon motion by Egan, seconded Thomas, it was
resolved that the hearing be closed and that the Council approve the vacation
of the easements and authorize the execution of the proper resolution. All
voted yes. R 83-48
OAKWOOD HEIGHTS 2ND ADDITION - FINAL PLAT
The application for final plat approval of Oakwood Heights 2nd Addition
by Countryside Builders was submitted to the City and recommended for approval
by the staff. Upon motion by Thomas, seconded Egan, it was resolved that the
application be approved, with the understanding, however, that the homeowners
association recommendation be implemented to the staff's satisfaction and that
a disclaimer letter be sent to the applicant indicating the City would not be
responsible for the implementation of the Homeowners Association requirements.
All voted in favor.
R 83-49
BRITTANY 6TH ADDITION - GRADING PERMIT
An application had been submitted by Tollefson Builders, Inc. for grading
permit for Brittany 6th Addition. All necessary requirements had been ful-
filled and the staff recommended approval. Thomas moved, Wachter seconded the
motion to approve the application for grading and excavation permit as sub-
mitted by the applicant. All voted in favor.
1983 SEAL COATING - CONTRACT #83-10
Bids have now been received for seal coating streets in the City under
Contract #83-10 and the low bid was well below the estimate. It was recom-
mended that the low bidder, Allied Blacktop Co.'s bid, less the deduct, be
approved. Upon motion by Wachter, seconded Egan, it was resolved that the low
bid of Allied Blacktop Co. with base bid of $92,624.00, less alternate deduct
of $5,513.64 be approved, with $55,000.00 of the bid being allocated from
street maintenance funds and the balance from major street construction fund.
All voted in favor.
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Council Minutes
July 19, 1983
BLACKHAWK ROAD - STREETS & UTILITIES - CONTRACT #83-8
Bids were received on July 14, 1983 for various improvements covering
Blackhawk Road between Cliff Road and Diffley Road and it was noted that only
two bids were submitted. The staff members indicated that all easements have
not been acquired but it is expected they will be acquired very shortly. They
further recommended that the low bid of of Austin P. Keller Construction Co.
in the amount of $516,444.00 be approved. Wachter moved, Egan seconded the
motion to approve the low bid as recommended by the staff. All voted in
favor.
CONTRACT #83-12 - FILLCREST ADDITION
The plans and specifications for Contract #83-12 covering street and
utility improvements in Hillcrest Addition have been completed. Egan moved,
Blomquist seconded the motion to approve the plans and specifications covering
the contract and to authorize the Clerk to advertise for bids in the legal
newspaper to be opened at 10:30 a.m. on Thursday, August 11, 1983 at the Eagan
City Hall. All voted in favor.
SCHOOL DISTRICT #196 - MOVING PERMIT
A letter was read from acting Superintendent Harold Bergquist from Inde-
pendent School District #196 requesting a permit to move a portable classroom
to be used at Northview Elementary School. He noted that the District was not
aware that a permit was required and the building is ready to be moved and
should be moved soon in order to avoid damage to the portable building.
Thomas moved, Egan seconded the motion to approve the application, subject to
the following:
1. Obtaining all permits necessary for moving the classroom into the
City of Eagan.
2. The permit shall be granted for two years or reviewed prior to the
expiration of the two years for continuation of the temporary facility at that
site.
All voted yea.
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Council Minutes
July 19, 1983
PUBLIC WORKS MAINTENANCE VEHICLES
On July 14, 1983 the City staff received formal bid quotations for the
purchase of four public works maintenance vehicles for the streets and
utilities departments. Several bids deviated from the specs and the Public
Works Director recommended that the deviation from the standard specs sub-
mitted by Superior Ford for the one-ton vehicles be rejected. It was recom-
mended that the contracts be awarded for the vehicle acquisitions to the low
bidder with the exception of the one-ton dump truck, which does not meet the
specs and the following was recommended for approval:
3/4 Ton Pick-up for $8,991.00 from Superior Ford;
2 each, One-ton Dump Trucks from Joe O'Brien Chevrolet for a total
of $25,487.00.
F-8,000 - 34,000 GVW Dump Truck from Superior Ford for $27,192.00.
Wachter moved, Thomas seconded the motion to approve the recommendation
and authorize the entry into the Contracts for the acquisition of the equip-
ment, with the understanding that one of the one-ton dump trucks and the 3/4
ton pick-up will be purchased from the General Operating Budget and the
balance of the equipment through Equipment Certificates. All voted yes.
PORTFOLIO HOMES
A request from Portfolio Homes, which is engaged to do the marketing for
Windcrest subdivision requesting a location for an advertising sign on the
City Hall property at Pilot Knob Road and Wescott Road was discussed by the
Council. Because of the precedent that could be set and the potential number
of signs that could be requested for City property and also the image that it
could create on City property, City Council members indicated they would not
be willing to place private advertising signs on the property.
NORTHVIEW ATHLETIC FIELD FENCE
Park Director Ken Vraa requested authority from the Council for the
payment of up to $6,000.00 for the construction of a chain link fence around
the Northview Athletic Fields. It is proposed that 50% of the cost will be
acquired from the teams that use the field, and a 50% match from the City.
Upon motion by Smith, seconded Thomas, it was resolved that the recommendation
be approved and that the City portion be paid from the park site and develop-
ment fund. All voted yes.
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July 19, 1983
ART RAHN - SPECIAL ASSESSMENT COMMITTEE
A request from Art Rahn resigning from the Special Assessment Committee
was upon motion by Egan, seconded Smith, reluctantly accepted and the staff
was directed to send a letter thanking him for his service on the Committee.
All voted in favor. Staff was also requested to consider a replacement for
Mr. Rahn.
WOLD CHAMBERLAIN AIRPORT RUNWAY - SPECIAL HAULING PERMIT
A request from Palda & Sons, Inc., general contractor performing the
runway extension repair at the Metropolitan Airport and also from L & D
Trucking, Inc. which will be the subcontractor performing fill material and
disposal of excess material from the project for a special permit to operate
trucks between 6:00 p.m. and 6:00 a.m. from September 1, 1983 through Septem-
ber 21, 1983 was considered by the Council. Council members expressed the
potential for objections from affected property owners and Wachter moved,
Blomquist seconded the motion to request further clarification of the need for
the night hours and also that the affected property owners be contacted about
the request for the permit. All voted yes.
CHECKLIST
Egan moved, Wachter seconded the motion to approve the following
checklists dated: June 30 and July 19, 1983
All voted in favor.
ADJOURNMENT
Wachter moved, Egan seconded the motion to adjourn the meeting at 12:05
p.m. All voted yea.
PHH
City rk
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