02/07/1984 - City Council Regular
MINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 7, 1984
A regular meeting of the Eagan City Council was held on Tuesday, February
7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also
present were City Adminstrator Hedges, Consulting Engineer Rosene, City
Planner Runkle, Public Works Director Colbert and City Attorney Keller.
AGENDA
Wachter moved, Smith seconded the motion to approve the Agenda as pre-
sented. All voted yes.
MINUTES
January 17, 1984 - Regular Meeting. City Administrator Hedges pointed
out that the minutes should reflect that the Park Committee did not recommend
acceptance of land for proposed park purposes in Berkshire Ponds. Smith
moved, Wachter seconded the motion to approve the minutes with the revision
indicated by Mr. Hedges. All voted in favor.
ABATEMENT - DAKOTA COUNTY ASSESSOR'S OFFICE
Mr. Bill Peterson appeared on behalf of the Dakota County Assessor's
office in response to the request by Mrs. JoAnne Lemmer of 1801 Turquoise
Trail for a tax abatement. Mr. Peterson informed the City Council that the
County is recommending denial of this abatement, explaining that in the early
70's, the home in question had a finished basement, while neighboring homes
did not, with the result that it was assessed at a higher value. The homes in
the area were not reevaluated until last year when it became apparent that
many of the homes in the area had finished basements and others had not been
taxed at the rate comparable to the home owned by Mrs. Lemmer. Mrs. Lemmer
did appear in addition with Mr. Don Sylvester who made a presentation regard-
ing market comparables. After significant discussion regarding the percentage
to fair market value used by the County and the effect of denial or approval
of the request, the Council took no action based partly on the lack of know-
ledge of the proper evaluation and the legal impact of approval or denial.
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February 7, 1984
DEPARTMENT HEAD BUSINESS
FIRE DEPARTMENT
District Chiefs Southorn and Schindeldecker were present to discuss the
manpower report resulting from the Council's request in the fall of 1983. The
district chiefs pointed out that the manpower requirements in the report were
minimum requirements. The Council took no action other than requesting that
future updating be provided.
Other department head business was postponed to later in the meeting due
to time restrictions.
CONSENT AGENDA
The following consent agenda items were recommended for approval by
staff:
1. Contractors' License Renewals. This item was continued from the
January 17, 1984 meeting to allow corrected documentation due to changes in
the bonding requirements. It was recommended that the contractors' license
renewal list be approved.
2. St. John Neumann Church - Temporary Non-Intoxicating Liquor License.
It was recommended that a temporary non-intoxicating malt liquor license for
St. John Neumann Church for a March 16, 1984 St. Patrick's Day dance be
approved.
3. Project #395 - Authorize Feasibility Report. It was recommended
that the feasibility report for Project #395, Lexington Avenue Booster Station
and trunk watermain be authorized due to the need for additional water supply
capacity in the south area of Eagan.
4. Review and Update - Comprehensive Master Storm Sewer Plan. Staff
recommended authorization of the review and update of the current Compre-
hensive Master Storm Sewer Plan to be performed by the Consulting Engineering
firm of Bonestroo, Rosene, Anderlik and Associates, Inc.
5. Petition - Feasibility Report _ Westbury Addition. A petition has
been received from Dave Gabbert, developer of Westbury Addition requesting
preparation of a feasibility report along with detailed plans and specifica-
tions to install public streets and utilities within Westbury 1st Addition.
Staff has recommended that council accept such Petition and authorize the
preparation of a feasibility report for Project #396 for the installation of
streets and utilities to service the Westbury 1st Addition.
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6. Project #397 - Denmark Avenue. Federal Land Company has made a
petition requesting installation of streets and utilities for Denmark Avenue
from Duckwood Drive to Yankee Doodle Road. This collector street extension is
required in order for the first phase of the Eagan Heights Commercial Park PUD
to be developed. Staff has recommended that the council receive the petition
and authorize the preparation of a feasibility report for Project #397 for the
installation of streets and utilities for Denmark Avenue from Duckwood Drive
to Yankee Doodle Road.
Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
consent agenda items be approved as recommended. All voted in favor.
PUBLIC HEARING - STREET VACATION - OLD LEXINGTON AVENUE
The Mayor then convened the public hearing regarding the vacation of old
Lexington Avenue as it extends south from Diffley Road. Mr. Colbert advised
that the existing right-of-way was no longer needed due to a new alignment to
be dedicated as part of Kensington Place development. He also advised that
Dakota Electric had no objection to the vacation as long as it was allowed to
install underground utility services through the new alignment. After discus-
sion, Wachter moved, Egan seconded the motion to close the hearing and to
approve the vacation subject to staff securing an agreement for new easements
for the realignment of Lexington Avenue. All voted yes.
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NOISE EMISSION FROM SPERRY SEMI CONDUCTOR FACILITY
City Administrator Hedges made a short presentation on the history of
problems with the Sperry Semi-Conductor facility resulting in the request from
Timberline Civic Association to review the issue at this council meeting.
Additional written material had been submitted by Mr. Tom Nikolai to the City
on February 7, 1984 which the Council had not yet had an opportunity to
review. Presentations were made by Mr. John Gustin, President of the Timber-
line Civic Association, and Mr. Thomas Nikolai, who had hired a sound expert
to investigate the noise level. Mr. Garrett Mulrooney also made a presenta-
tion indicating that perhaps no one, including the Council or Sperry had
anticipated the problems that ;could ensue, but that now something had to be
done about it. Mr. Ed Michaud of Sperry addressed the Council indicating that
Sperry believed the noise problem would be resolved in accordance with the
agreed upon time table. There was discussion regarding the use of one
attenuator and five diverters on the six stacks at the plant as opposed to
putting attenuators on all the stacks. Mr. Michaud also addressed intimations
regarding air and water pollution which had been made at the meeting. Mr. Don
Giblin of Timberline then addressed the council. After a lengthy discussion,
the Council reaffirmed its position that the noise emission problem must be
resolved within the agreed upon time period and that the matter would be
reviewed at the first meeting in April. Egan moved, Smith seconded the motion
to direct the City Attorney to investigate the recourses available to the City
if the problem was not remedied by that date. Wachter moved, Blomquist
seconded the motion to continue the matter to the first meeting in April and
that the City Attorney provide a legal opinion as to the potential remedies at
that time. All voted yea.
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February 7, 1984
LIQUOR LICENSE POLICY CHANGE
The request for reconsideration of the off-sale liquor license policy by
David Perrier, representing Perrier & Associates, continued from the January
17 meeting, was presented to the Council. It was noted the item had been
continued to allow the two outstanding liquor license holders who had not
activated their licenses to respond to the request for a fifth license. Mr.
David Sellergren was present on behalf of Mr. Perrier indicating his client's
reasoning that the area would support a fifth license based on population,
past and future development. Ms. Pam McCrea was present and advised that it
was her understanding that her liquor license would be activated in 1984 in
the Safari Mall located in southern Eagan and close to the location requested
by Perrier. It was noted that the McCreas had requested a liquor license for
the same site as being requested by Perrier some years ago. After lengthy
discussion, Smith moved, Blomquist seconded the motion not to change the off-
sale liquor license policy and to require that one of the inactive existing
liquor licenses be activated in southern Eagan in 1984, or be open to applica-
tion. Smith, Blomquist and Wachter voted in favor; Thomas voted nay, and Egan
abstained. Egan then moved, Wachter seconded the motion that the Council
consider the renewal of the Parranto application in 1985 if the license is not
activated in 1984. All voted yes.
HILLANDALE ADDITION NO. 2 - PRELIMINARY PLAT
An application by Michael Construction, Inc. for preliminary plat of
Hillandale Addition No. 2 consisting of approximately 12.58 acres and contain-
ing approximately 125 dwelling units was presented to the Council. Mr. Hedges
indicated that the Planning Commission had reviewed the matter three times
recommending approval in January of 1984. Mr. Runkle presented the proposed
plat describing the proposed 2% variance for lot coverage and the developer's
request for private streets in order to allow variance from setback require-
ments. After lengthy discussion regarding private versus public street,
safety and maintenance and after appearances by local homeowners and the
architect, Smith moved, Wachter seconded the motion to approve the preliminary
plat with the following conditions, noting that a hardship for variance did
exist due to the increased acquisition by MnDOT for I-35E resulting in a
relatively narrow strip of land:
1. The internal street shall be a public street with staff analyses
and determination of necessary variances for setbacks from that street.
2. Approval of the variances in regard to setback from I-35E rights-of-
way.
3. The Homeowners Association shall maintain the area between I-35E
fence and the adjacent buildings which lies partially on MnDOT right-of-way.
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February 7, 1984
4. A lot coverage variance not to exceed 2% shall be granted for the
deelopment.
5. A building setback variance shall be approved by the City along the
I-35E boundaries in order to permit structures at a zero lot setback where a
minimum of 50 feet is required.
6. A public street loop shall be provided on proposed Lot 1 rather
than a long, dead-end private street.
7. Concrete curbs shall be provided along the perimeter of all driving
surfaces.
8. If individual units are to be sold, the developer shall provide a
revised lot and block plan. In any instance, the developer shall provide a
phasing plan.
9. The City attorney shall review and approve the proposed Articles of
Incorporation, By-Laws and Restrictions of the Homeowner's Association to
insure that proper access to a public street will be guaranteed for all
properties and that the Association will maintain the private streets.
10. If the petitioner is requesting a model home and sales office, this
shall be so designated as a part of the approval by the City with any appro-
priate conditions related thereto.
11. Park dedication shall be satisfied in a manner determined by the
City Council after review by the Eagan Park Committee.
12. A landscape plan shall be submitted for review by the City staff and
approval by the City Council with the approval of the final plat and the
existing two Homeowners Associations shall review the plan. The landscape
plan, through vegetative screens and berming, shall provide additional noise
attenuation related to I-35E where necessary and practical.
13. If installed privately, plans and specifications for utility and
street construction shall be prepared by a registered engineer and submitted
to the Engineering Department for approval.
14. The private drives on Meadowlark Road shall form an intersection
according to the eingeering plans approved by the City.
15. The existing right-of-way shall be vacated prior to final plat
approval.
16. Easements shall be dedicated as required by the City.
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17. This proposed development shall be responsible for trunk area storm
sewer assessments at the rates in effect at the time of final plat approval.
18. All costs associated with installing public improvements and private
streets shall be the sole responsibility of this development.
19. Private streets shall be 32 feet wide and have concrete curb and
gutter and bituminous surfacing according to City standards.
20. No dead-end lateral water mains will be allowed.
21. Setback variances shall be reviewed by the staff and reported to the
Council at the time of the request for final plat.
All voted in favor.
SEE PLAT FILE
AMENDMENT - LEXINGTON SOUTH PUD
Mayor Blomquist next convened the public hearing regarding a request by
Lexington South, Inc., Jim Curry, for an amendment to the Lexington South
Planned Development to exchange land uses on two parcels of the Lexington
South PUD. It was noted that the Advisory Planning Commission recommended
approval of the amendment, subject to the conditions listed in the staff
report. It was noted that the exchange of land uses of the two parcels west
of Northview Athletic Fields and north of that area, resulted in a potential
360 unit reduction in density over the entire area. All neighbors had been
noticed as to the rezoning and agreed. Presentations by City Planner Runkle
and Mr. Jim Curry indicated that the developer was willing to contractually
agree to maximum densities of 4 and 12 units per acre as a result of the
amendment. Wachter moved, Thomas seconded the motion to approve the rezoning
subject to the following conditions and absolute maximum densities agreed
upon:
1. An amendment shall be initiated and the land use exhibits changed in
the Lexington South Planned Development Agreement.
2. The densities shall be spelled out where Parcel 3 would be allowed
to be transferred to an R-II land use with a maximum density of 528 dwelling
units and that Parcel 3 have a land use of R-III (6-12 dwelling units) with no
more than 480 total dwelling units approved on the overall site.
All voted yea.
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February 7, 1984
THE PINES - PRELIMINARY PLAT
The Mayor next convened the public hearing regarding the application for
preliminary plat approval from Roger Kreidberg, RLK Corporation, for The
Pines, consisting of 3.6 acres and containing 26 condominium units located on
Lot 11, Block 3, Hilltop Estates. It was noted that the Advisory Planning
Commission had recommended approval on January 24, 1984 and that the plat was
very similar to a preliminary plat previously requested entitled Berry Ridge
Condominiums. After some discussion regarding the developer's responsibility
for the residential street equivalent assessment for the frontage on Pilot
Knob Road, Egan moved, Wachter seconded the motion to approve the preliminary
plat subject to the following conditions, including the condition that the
developer make a deposit to the trunk road fund and waive notice of hearing
for assessments for the anticipated cost of future upgrading of Pilot Knob
Road. The plat is subject to the following:
1. Two lots shall be created in order that each building will fit on an
individual lot.
2. The development agreement shall be completed prior to the construc-
tion of any dwelling units.
3. A homeowner's association shall be established and the articles,
declarations and bylaws shall be reviewed by the City Attorney prior to the
submission of the final plat.
4. A detailed landscape plan shall be submitted and an adequate land-
scape bond shall be provided and not released until one year after the land-
scaping has been completed.
5. The plat shall be subject to the Dakota County Plat Commission's
review and comment because it abuts County Road right-of-way.
6. A detailed grading, drainage and erosion control plan must be sub-
mitted for approval depicting the proposed measures to stabilize side slopes
and disturbed areas.
7. A storm sewer detention ponding system shall be constructed in the
NE 1/4 of this proposed development.
8. Adequate utility easements shall be provided over the water main
hydrant lead extensions.
9. This development shall pay into the trunk road fund the residential
equivalent assessment for the 283 feet of front footage adjacent Pilot Knob
Road to cover future upgrading. A deposit shall be determined utilizing 125%
of the residential street equivalent rate for multiple dwellings, subject to
reconsideration, modification or elimination by the City Council at the time
of final plat approval. The Developer's waiver of notice of assessment for the
upgrading of Pilot Knob Road, together with deposit would meet all responsi-
bilities for future assessments of that project.
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February 7, 1984
10. The garages on the east end of the West building shall be realigned
to allow greater emergency vehicle turning area.
All voted in favor.
SEE PLAT FILE
THE RENTAL PLACE - CONDITIONAL USE PERMIT
A public hearing regarding the request by The Rental Place, Larry D.
Pedersen, for a pylon business sign located on Lot 1, Block 1, Barton McGray
Addition was next convened by Mayor Blomquist. The Advisory Planning Commis-
sion recommended approval of the conditional use permit on January 24, 1984.
Smith moved, Thomas seconded the motion to approve the application subject to
the following conditions:
1. All of the conditions regarding the Sign Ordinance shall be adhered
to regarding height, size and distance from other pylon signs.
2. The sign shall be renewed yearly in accordance with the Sign Ordi-
nance.
All voted in favor.
PRELIMINARY RESOLUTION - CARRIAGE HILLS HOUSING REVENUE BOND
Mayor Blo mquist called the public hearing regarding the application of
Tomark Development Company for a preliminary resolution to consider a
$6,000,000.00 multi-family housing development revenue bond issue for Carriage
Hills apartment project. After a brief presentation by City Administrator
Hedges regarding the project, discussion centered around City policy regarding
the consortium approach to public funding of housing development. It was
pointed out in the past that the Council has only authorized revenue bond
issues where the funds would be used by the various developers. Thus, this
proposal would require a major policy change on behalf of the City. Council-
man Wachter moved, Thomas seconded the motion to schedule a public hearing on
the matter for March 22, 1984, and further to reschedule the March 20, 1984
regular Council meeting to March 22, 1984 (due to precinct caucuses) and to
consider an amendment to the City Housing Plan. All voted yea.
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SPECIAL PERMIT - JAMES B. HORNE FOR SEMI-TRAILER
The Mayor convened a hearing regarding the request for special permit by
James B. Horne for a semi-trailer to be used for storage at 3850 Coronation
Road. Mr. Horne was present to submit that additional storage was needed for
his mail-order business which was expanding and would need additional storage
until such time as permanent facilities could be constructed, if needed. It
was pointed out that the R-1 property was proposed for commercial use in a
recent preliminary plat and zoning application. Smith moved, Thomas seconded
the motion to allow the use of a semi-trailer until June of 1985, at which
point a proper permanent facility would be required. Smith, Wachter, Thomas
and Egan voted in favor, and Blomquist voted no.
SIDE SETBACK VARIANCE - RAGAN CONSTRUCTION COMPANY
Mayor Blomquist next convened the public hearing regarding the request by
Eagan Construction Company, Michael C. and Joan M. Gresser, for a 4.4 foot
side setback variance in a Light Industrial District in Sibley Terminal Indus-
trial Park. After a brief introduction by Mr. Hedges and a description by Mr.
Runkle, Smith moved, Thomas seconded the motion to approve the variance. All
voted in favor.
EAGAN HRA
TAX INCREMENT FINANCIAL PLAN
Egan moved, Thomas seconded the motion to suspend council proceedings and
convene the Eagan HRA. All voted in favor.
A presentation was made by Mr. Hedges and Mr. Rosholt of Faegre & Benson
regarding the proposed Resolution approving formation of a tax increment
district pursuant to redevelopment plan and tax increment financing plan for
Redevelopment District No. 1. Mr. Rosholt indicated that the additional
wording should be added to the Resolution indicating that the property, sub-
ject to the district was vacant, blighted and presently undevelopable by pri-
vate developers in accordance with statutory requirements. Smith moved,
Thomas seconded the motion to approve the Resolution. All voted in favor
except Wachter who voted nay.
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DAKOTA COUNTY HRA COOPERATIVE AGREEMENT
The Dakota County HRA Supplementary Cooperative Agreement regarding block
grant funding was presented. Egan moved, Wachter seconded the motion to adopt
the supplementary agreement. All voted in favor.
Smith moved, Egan seconded the motion to adjourn the HRA and reconvene
the Eagan City Council meeting. All voted in favor.
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February 7, 1984
KENSINGTON PLACE - FINAL PLAT
Wachter moved, Egan seconded the motion to continue the application for
approval of the final plat of Kensington Place to the next council meeting.
All voted in favor.
CONTRACT #84-2 - WESCOTT ROAD TRUNK SANITARY SEWER
Public Works Director Colbert advised the Council of changes proposed in
this contract and reasoning for such changes as confirmed by Consulting Engi-
neer Bob Rosene. Egan moved, Thomas seconded the motion to approve the de-
tailed plans and specifications for Contract #84-2 and authorize the adver-
tisement for opening of bids to be held at 9:30 a.m. on Friday, March 2, 1984
at the City Hall. All voted in favor except Wachter who voted nay.
CONTRACT #84-5 - FIRE ADMINISTRATION PARKING LOT
Public Works Director Colbert then presented the plans and specifications
for Contract #84-5 to upgrade the parking lot to city standards in conjunction
with the renovation of the old City Hall. After some discussion, it was
agreed that additional blacktopping would be provided to add 14 additional
stalls. Wachter moved, Thomas seconded the motion to approve the plans and
specifications for Contract #84-5 and authorize the advertisement for the
opening of bids to be held at 10:30 a.m. on Thursday, March 1, 1984 at the
City Hall. All voted in favor.
CONTRACT #83-09 - CEDAR GROVE 1st AND 2nd ADDITIONS
Smith moved, Thomas seconded the motion to approve the sixth and final
payment for Contract #83-09 for $4,100.00 to McNamara-Vivant Construction,
Inc. and accept the project for perpetual maintenance. All voted in favor.
DEPARTMENT HEAD BUSINESS
PARK DEPARTMENT
The Council then addressed the Advisory Parks and Recreation Commission's
recommendation for park names. The following park names were recommended by
the Advisory Park and Recreation Commission and approved by the City Council:
Oak Chase Park, Thomas Lake Park, Carnelian Park, Cinnamon Park, County Home
Park, O'Leary Park, Fish Lake Park, Berry Patch Park, Pilot Knob Park,
Ridgecliff Park, Walnut Hill Park, Wescott Station Park, Woodhaven Park, and
Meadowland Park.
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February 7, 1984
PROJECT #305 - ASSESSMENT HEARING
Mr. Colbert then requested that the Council set a date for a new assess-
ment hearing for Project #305 consisting of the McCarthy property water trunk
improvements and appoint an appraiser for this project. It was explained
that due to legal technicalities, including an appeal and questions regarding
the benefit to the property, that the prior assessment should be vacated and a
new hearing set. Smith moved, Thomas seconded the motion to cancel the prior
assessments for this project and to schedule a new final assessment hearing
for March 6, 1984 and to hire Mark Parranto to appraise the property to
determine benefit to the property from the public improvement. All voted in
favor.
JOINT POWERS AGREEMENT - TRAFFIC STRIPING
The Public Works Director then presented a proposal that the communities
of Burnsville, Apple Valley and Eagan execute a Joint Powers Agreement to
obtain annual traffic lane pavement marking and striping by combining quanti-
ties in all three communities to achieve a better unit price. Wachter moved,
Egan seconded the motion to approve a Joint Powers Agreement with Burnsville
and Apple Valley for 1984 traffic markings and to authorize the Mayor and City
Clerk to execute all related documents. All voted in favor.
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COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY
I-35E AND PILOT KNOB ROAD
Public Works Director Colbert then presented to the Council that MnDOT
had proposed that Dakota County be responsible for the improvement of Pilot
Knob Road south of the crossing with I-35E, including 400 feet of taper, which
would not be assessable by the City and normally the City would be responsible
for 45% of the cost. The Council requested that Mr. Colbert pursue the matter
to the best of his ability to avoid as much cost as possible to the City.
ENFORCING OFFICER - HANDICAPPED DISCRIMINATION
Smith moved, Wachter seconded the motion to approve Mr. Hedges as the
enforcing officer responsible for compliance with federal handicapped dis-
crimination regulations. All voted in favor.
RACE TRACK FACILITY
City Administrator Hedges advised the Council that the City now possesses
a preliminary EIS for the proposed Eagan race facilityfor review by the City.
He also advised the Council that the State Racing Commission had scheduled a
hearing for March 8, 1984 and another for some time between March 13 and March
17, 1984 for consideration of various issues, including site location.
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February 7, 1984 t $ F'
LONE OAK TREE
Council members discussed a proposal from a local sculptor to sculpt some
of the wood from the Lone Oak Tree for preservation by the City. Further
investigation was requested.
SPECIAL AND CONDITIONAL USE PERMIT SEMINAR
It was pointed out to the Council that a seminar was being held in the
near future which may be very beneficial to the Councilmembers regarding
special and conditional use permits. The Council directed that the $11.00 cost
of the seminar would be paid by the City.
NOISE TESTING
Discussion was initiated regarding noise testing and the purchase of
noise testing equipment in regard to Sperry and Pilot Knob. The City Adminis-
trator was directed to investigate further and to contact the MPCA for
possible testing.
EASEMENT VACATION - BEAUTIFUL SAVIOR CHURCH
Discussion was held regarding the vacation of easement for a trailway
across Beautiful Savior Lutheran Church property. The Council directed the
staff to initiate easement vacation proceedings.
CHECKLIST
Wachter moved, Thomas seconded the motion to approve the following check-
list dated: February 7, 1984
4TSTDF .
All voted yea.
ADJOURNMENT
Smith moved, Thomas seconded the motion to adjourn the meeting at 12:35
a.m. All voted in favor.
DGK
4*'~ o. L
Jerk
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