01/02/1985 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 2, 1985
A regular meeting of the Eagan City Council was held on Wednesday,
January 2, 1985 at 6:30 p.m. at the Eagan Municipal Center. All members were
present. Also present were Public Works Director Colbert, City Administrator
Hedges, Consulting Engineer Rosene, City Planner Runkle and City Attorney
Hauge.
AGENDA
Wachter moved, Thomas seconded the motion to approve the agenda. All
members voted yes.
MINUTES
December 18, 1984 _ ReEu1ar Meeting. On page 9 regarding Cedar Cliff
Commercial Addition, Councilman Egan recommended the City Council not deviate
from its long-standing policy requiring service stations to have service bays;
further, on page 14, regarding the Eagan HRA Meeting, in the first motion that
all members voted in favor except Wachter who voted no, and the second motion,
all members voted yes. Thomas moved, Wachter seconded the motion to approve
the minutes with the foregoing revisions. All members voted in favor.
PARK DEPARTMENT - PARK DEDICATION FEES
City Administrator Tom Hedges submitted to the Council proposed revisions
to park dedication fees that were recommended by the Advisory Park and Recrea-
tion Commission consisting of approximately 5% increases, effective January 1,
1985. A review of land sales in the City during the past year and other
relevant information, were the bases for the recommendation and Councilmembers
indicated it was important to keep the rates up to date on an annual basis and
to justify all revisions. Wachter moved, Egan seconded the motion to approve
the recommendations and order their implementation effective January 1, 1985.
All members voted yea.
CONSENT AGENDA
Upon motion by Wachter, seconded Thomas, it was resolved that the follow-
ing consent agenda items be submitted to the Council and be recommended for
approval:
1. Contractors' Licenses. A schedule of contractors having submitted
applications for licenses was brought to the Council and it was recommended
that the applications be approved.
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January 2, 1985
2. Personnel Items. It was recommended that in light of the resigna-
tion of Ken Conyers from the Police Department, that Kevin McGrath be autho-
rized to replace officer Conyers upon submission of a formal resignation from
Mr. Conyers.
It was further recommended that John Sachi be hired as an Engineering
Tech I at the established rate of pay for that position that was provided
under the 1985 Budget.
3. MnDOT Cost Participation Agreement. A Cost Participation Agreement
under Project #186 consisting of Cedar Avenue storm sewer project, Agreement
No. 62501 providing for the payment of $58,002.74 from MnDOT to the City for
its share of construction and engineering costs associated with these trunk
storm sewer facilities was recommended to be approved.
4. Water Treatment Plant - Change Order No. 8. A change order con-
sisting of seven parts under Contract #83-1 regarding the water treatment
plant with a total additional amount of $6,917.00 was brought before the
Council and recommended that it be approved.
5. Rose Hill - Project #403 - Assessments. The final assessment roll
consisting of the streets and utility improvements in Rose Hill Addition under
Project #403 was submitted and it was recommended that the assessment roll be
received and that a public hearing be scheduled on the roll for February 5,
1985 at 7:00 p.m. at the Eagan City Municipal Center.
Upon motion by Wachter, seconded Thomas, it was resolved that the fore-
going consent agenda items as presented, be approved and authorized to be
implemented. All members voted in favor except Wachter abstained concerning
the application of Ted Wachter Construction Company for contractor's license.
1983 AUDIT REPORT
City Administrator Tom Hedges explained that the City has recently been
notified by the Municipal Finance Office for the United States and Canada,
that it has received a Certificate of Performance and Commendation concerning
its accounting practices and stated that it consists of special recognition to
the City for work done by its finance office.
CITY INTERN
Mr. Hedges then announced John Hohenstein, a student at Mankato State
University in the Masters Program has been selected as Intern for the City
beginning January 3, 1985 for a six month period. He further recommended the
Council authorize Ed Meister be retained through the month of April which was
accepted.
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January 2, 1985
WEST SERVICE ROAD - VACATION HEARING
Public Works Director, Tom Colbert, announced that the vacation hearing
that had been held concerning the West Service Road along I-35E had inadver-
tently included only a part of the description and recommended the Council
reschedule a public hearing for February 5, 1985 at 7:00 p.m. at the Eagan
Municipal Center to consider vacation of the entire roadway. Egan moved,
Wachter seconded the motion to approve the recommendation and authorize its
implementation. All members voted yes.
RAHN ROAD - PROJECT #405 - STREET IMPROVEMENTS
Mayor Blomquist convened the public hearing regarding Project #405 con-
sisting of proposed street improvements for Rahn Road between Beau D'Rue Drive
and Shale Lane. Mr. Colbert reviewed the history of the street improvements
on Rahn Road and indicated that extensive soil borings have been taken to
determine the base and thickness of the bituminous surfacing. He stated that
it was proposed that a five foot concrete sidewalk from Shale Lane to Tur-
quoise Trail on the east side and from Beau D'Rue Drive to Shale Lane on the
west be installed. The reason for the shift in the sidwalk is because of
additional right-of-way that would be required and vegetation that would need
to be removed if the sidewalk were to remain on one side. The estimated
assessments were also discussed, including the City's contribution toward the
street improvements, according to City policy. It was proposed that there be
complete reconstruction of Rahn Road from Diffley to Beau D'Rue Drive and
south of Diffley Road, there would be widening and an overlay, due to less
traffic and better soil conditions in that area.
The estimated cost would be $761,900.00 to $830,000.00 with about two-
thirds funded through City street funds, including Municipal State Aid Funds.
Councilman Smith suggested sidewalks terminate at the end, rather than in the
center of each block. A small number of owners were present, including Terry
Stover, an owner of two acres at Rahn Road and Beau D'Rue Drive who had
questions about the assessment policy and sources of construction funding. He
also expressed concerns about funneling traffic on Rahn Road to Cedarvale and
whether traffic should be diverted to other routes. Mr. Colbert commented
that it is not possible to change driver's traffic patterns, and further that
Nicols Road will be upgraded. Rahn Road is considered a minor collector.
Some persons present were in favor of the project, some opposed, and
generally, those in favor recommended the narrower right-of-way, rather than
the alternate 44 foot right-of-way. After about an hour hearing, Egan moved,
Thomas seconded the motion to close the hearing, noting that the improvements
are needed and that most people present favored the improvement, but that
parking be restricted to one side only, without the 44 foot right-of-way and
to order in the project and authorize the preparations of plans and specifica-
tions; further, that the Council review the cost of reducing the width from 44
to 40 feet on the south side of Diffley Road, and it was requested that the
final decision on the width for that portion be returned to the Council for
final decision during the design stage. All councilmembers voted yes.
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January 2, 1985
HOLDS ADDITION - PONDING EASEMENT VACATION
Mr. Colbert stated that because the staff was not able to publish the
Notice of the Ponding Easement Vacation in Holmes Addition, that he requested
a continuance of the public hearing to January 15, 1985 at 7:00 p.m. Thomas
moved, Wachter seconded the motion to authorize the recommendation. All
members voted in favor.
OFF-SALE LIQUOR LICENSES - 1985
The City Administrator stated that at the February 7, 1984 City Council
meeting a motion was adopted regarding the existing licenses to require that
one of the inactive existing licenses be activated in southern Eagan in 1984
or be open to application and further, that the Council would consider the
renewal of the J. E. Parranto off-sale liquor license application in 1985 if
the license is not activated in 1984. Mark Parranto was present and stated
that the location at Silver Bell Road originally intended for the off-sale
license is too small and that two alternates have been attempted with the
preferred alternative at a proposed shopping center at Nicols Road and Diffley
Road. There are no other pending applications for off-sale licenses at the
present time according to Mr. Hedges. Councilman Wachter and Councilman Egan
stated that there is no change in the status from one year ago and there are
no definite plans on behalf of Mr. Parranto but Councilman Smith stated that
at that time there was one other applicant for a license. Mr. Parranto
mentioned that he expected that the applicants were within a few months of
breaking ground for the proposed shopping center and requested an additional
six months from the Council for an extension of the license.
Wachter moved to remove the license and to refund the 1985 license fee
paid for the reasons mentioned above and not to reissue the license until more
definite plans are submitted. There was no second and the motion died. Egan
then moved, Wachter seconded the motion that the City Council extend the J. E.
Parranto license through June of 1985 and that the Council at its first
regular meeting in July of 1985 will consider whether to remove the J. E.
Parranto license and refund the license fee for the balance of the calendar
year, unless the applicant submits to the Council sufficient evidence of
concrete plans and steps to implement the use of the license which determina-
tion shall be made solely within the discretion of the Council. David Perrier
appeared and objected and stated that no plans have been submitted and under-
stood the Council would consider the use by another applicant at the present
meeting. He stated he was interested in placing an off-sale store at the
Cedar Cliff Center. Councilman Smith indicated that the Cedar Cliff location
may not qualify under the Eagan ordinance's geographical guidelines and that
the Council, in February 1984, did not contemplate the transfer of the license
under that motion. All members voted in favor.
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January 2, 1985
M.C.R.S. INDUSTRY, INC. - CONTRACTOR'S LICENSE
An application has been submitted by M.C.R.S. Industry, Inc. for a con-
tractor's license and the City Council had placed the matter on the agenda to
discuss the concerns of the chief building inspector whether the license
should be issued under City standards. It was noted that the building in-
spector's concern regarding one individual who is not acceptable as a con-
tractor license holder in the City is not involved with the applicant and
there were no further objections to the application. Smith moved, Thomas
seconded the motion to approve the issuance of the contractor's license as
requested. All voted yea.
LEMAY LAKE 1ST ADDITION - PRELIMINARY PLAT
The application of Alscor/Opus Corporation for preliminary plat approval
of Lemay Lake 1st Addition and concept plan approval for the adjacent commer-
cial land consisting of approximately 290 apartment units was then brought
before the council. The Advisory Planning Commission last held its public
hearing on December 20, 1984. The APC first reviewed the application on
September 25, and the City Council considered it on October 16, 1984. The
Counc_a returned the application to the Planning Commission to review certain
items, including over-all concept plan, access to the development, density of
the development, and the impact of the Shoreland Zoning Ordinance. In addi-
tion, the City Council was concerned about internal traffic patterns. Tom
Healey was present and Dale Runkle detailed the application for the Council,
including the revisions that had been submitted by the applicant.
The overall concept plan provides for removal of the R-4 use in the
southeast area and conversion to office use. Access locations to the multiple
project were discussed with an east-west pedestrian trail planned. Two
alternate circulation plans were displayed and the APC recommended the looped
plan. Access to the public street from the southerly apartment building was
recommended also.
The density is 17.1 units per acre removing public right-of-way and part
of the private right-of-way and the Planning Commission recommended reduction
of six units to bring it within Code conformance, rather than shift the mix of
units.
Councilman Wachter questioned the setback along Lemay Lake and it was
also noted the DNR recommended keeping the project back as far as possible,
but strict compliance with the Shoreland Ordinance is not required because of
the timing of the adoption of the Ordinance. Wachter favored the construction
of the gazebo along Lamay Lake and no definite plan for the trail around the
lake has been made at the present time, although the Park Commission has
recommended that trail be installed on the developer's property near Lemay
Lake.
See Plat File
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Wachter was further concerned about the berm at the north end obstructing
site distance for traffic and felt an 8 foot berm plus trees may be excessive.
Mr. Healey stated that the developer is willing to accommodate the request of
the neighboring property owners and several neighbors, including Lawrence and
Pete Poppler were present. A minimum of 30 foot setback from the parking lot
is planned according to Mr. Healey. Bob Worthington of Opus Corporation was
also present and reviewed the plan regarding the commercial area. At least
one underground parking space will be provided for each unit. Councilman
Smith suggested that an east-west internal street be provided in one of three
alternate locations, including the potential of a street along the south line
of the property to avoid excessive traffic circling the entire project. Mr.
Healey indicated that the developer prefers to have auto access from the
perimeter for safety purposes rather than through the project.
The Popplers were opposed to a public walkway concept around the lake and
also requested a reduction in the number of units.
Councilman Egan recommended more traffic be directed toward Eagandale
Blvd. from the westerly building and strongly recommended that the developer
review alternates for internal street circulation. Egan moved, Smith seconded
the motion to continue consideration of the application until the January 15,
1985 meeting to allow the staff and developer time to review the reorientation
of traffic from the westerly building. All members voted yes.
KING ADDITION - PRELIMINARY PLAT AND REZONING
The application of Mr. and Mrs. Gary King for preliminary plat approval
and rezoning of the proposed King Addition containing 10 single family lots on
approximately 10 acres on Golden Meadow Road west of Dodd Road was then
reviewed. Dale Runkle explained the application and also the action of the
Advisory Planning Commission at its December 20, 1984 meeting, at which time
the Commission recommended approval, subject to certain conditions. In addi-
tion, there were recommendations from the Park Committee that land dedication
be granted for that portion at the south corner in the Schwanz Lake Park area
with the balance of the dedication requirement to be filled by cash contribu-
tion. The Mayor and other Councilmembers were concerned about future assess-
ments and several neighboring property owners were present with the same
concerns. After extended discussion, Smith moved, Thomas seconded the motion
to approve the concept and the preliminary plat, subject to the determination
by the City Council whether to authorize the street and utility improvements
on Golden Meadow Road with the understanding that the property will not be
rezoned until the council approves the street and utility improvements, and
subject to the following:
1. Golden Meadow Road public improvements shall be approved by Council
prior to final plat approval.
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January 2, 1985
2. A 30 foot half right-of-way shall be dedicated for Golden Meadow
Road.
3. No driveways shall exceed 10% slope.
4. All other City requirements shall be complied with.
5. A detailed erosion control plan shall be submitted according to City
requirements.
6. The Council authorized the consulting engineer to prepare a feasi-
bility report covering the improvements.
Gary King was present as well as other neighbors. All Councilmembers
voted affirmatively.
See Plat File
ROYAL OAK CIRCLE APARTMENTS - MULTI-FAMILY HOUSING REVENUE BONDS
An application has been received through Miller & Schroeder Municipals,
Inc. on behalf of the Royal Oaks Circle Apartment owners asking that the City
Council establish a public hearing to consider multi-family housing revenue
bonds of $13,365,000.00. Upon motion by Smith, seconded Thomas, it was
resolved that a public hearing be scheduled for February 5, 1985 at 7:00 p.m.
at the Eagan Municipal Center to consider the application. All members voted
in favor.
LEMAY LAKE - MULTI-FAMILY HOUSING REVENUE BONDS
An application was received from the Alscor and Opus Corporations for a
hearing regarding multi-family housing revenue bonds in the amount of
$13,000,000.00 for the Lemay Lake Apartment project. Noting that the Council
did not approve the preliminary plat, Thomas moved, Egan seconded the motion
to continue the application until the plat has been acted upon. All voted in
favor.
SEWER AND WATER RATE STUDY FOR 1985
The Engineering firm of Bonestroo, Rosene, Anderlik & Associates has
submitted a water and sewer rate study based on the most recently approved
budget and estimates of water and sanitary sewer usage. The projected revenue
under the public enterprise budget was followed closely and it was further
noted that the rates for water usage are less than what were originally
anticipated because of favorable construction bids on the water treatment
plant, greater revenue from water sales than anticipated and an excess of
money in the reserve fund. Thomas moved, Smith seconded the motion to approve
the 1985 rates as proposed. All voted in favor.
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January 2, 1985
LEXINGTON AVENUE - STREETS AND STORM SEWER - PROJECT #330
The final payment to Dakota County in the amount of $115,814.59 for
Project #330 regarding streets and storm sewer improvements on Lexington
Avenue was submitted to the Council for approval. Thomas moved, Wachter
seconded the motion to approve the final payment as requested. All voted yea.
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
Dale Runkle reported to the Council that additional meetings have been
held amongst representatives of Burnsville, Apple Valley and Eagan concerning
the Community Development Block Grant funds and the group has now recommended
that $174,000.00 under the 1985 allocation be designated for the Robert B.
Lewis House with an additional $126,000.00 to be borrowed from anticipated
funding in 1986. The balance of the funding would be used for retrofitting
low and moderate income housing on a loan basis, potentially through the HRA.
There was also discussion concerning potential planning for elderly
housing in the City and Councilmembers generally favored the formation of a
committee to study the feasibility of housing for the elderly within the City.
In addition, Councilmembers questioned the proposed cost of the new battered
womens' home and recommended that the CAC justify the proposed cost of the
shelter. Smith moved, Egan seconded the motion to approve the funding of
$174,000.00 toward the battered womens' shelter and $126,000.00 to be borrowed
from anticipated 1986 funding with $115,000.00 placed in a revolving loan fund
on a one-year trial basis for retrofitting low and moderate income housing,
and further, that the CAC be requested to justify the proposed cost of the
battered womens' home. All members voted yes.
PARK & RECREATION COMMISSION, ADVISORY PLANNING COMMISSION
AND CABLE COMMISSION APPLICANTS
Mr. Hedges reviewed with the Council a schedule of persons who have
submitted applications for filling vacancies on the Advisory Park and Recrea-
tion Commission, the Advisory Planning Commission and the Burnsville/Eagan
Cable Commission. The method of interviewing was discussed and the Admini-
strator was requested to prepare uniform questions to avoid excessive time
being used with the large number of applicants for the vacant positions.
CITY COUNCIL - SPECIAL MEETING
A special meeting of the City Council has been scheduled for January 8,
1985 at 7:00 p.m. at the Eagan Municipal Center.
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January 2, 1985
AGENDA
Councilman Smith recommended that the City Council limit the number of
items on Council agendas to 15 items under public hearings, old and new
business and additional items, and further, that a time limitation be placed
on each of the items that are submitted to the Council for consideration. The
Council will, until further notice, follow the recommended format.
CHECKLIST
Egan moved, Thomas seconded the motion to approve the following checklist
dated January 2, 1985 in the amount of $217,384.15. All voted in favor.
ADJOURNMENT
Smith moved, Thomas seconded the motion to adjourn at 10:50 p.m. All
voted yea.
PHH
Cit Clerk
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