08/20/1985 - City Council Regular
y j .
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 20, 1985
A regular meeting of the Eagan City Council was held on Tuesday, August
20, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present
were City Administrator Hedges, Consulting Engineer Rosene, City Planner
Runkle, Public Works Director Colbert, and City Attorney Hauge.
AGENDA
Smith moved, Wachter seconded the motion to approve the Agenda as
presented. All voted in favor.
MINUTES
August 6, 1985 - Regular Meeting. Upon motion by Wachter, seconded Egan,
it was resolved that the Minutes be approved with the following revisions:
(a) Page 8, Industrial Development Bond Entitlement Fund Allocation - that the
staff would be authorized to contact all cities except Minneapolis; (b) Rahn
Ridge Preliminary Plat, Page 9 - revision suggested was No. 2, that the duplex
lots be located on the west side of the property in lieu of 3 commercial lots;
and (c) Robins Addition, Page 6 - that the Mayor and City Clerk be authorized
to execute a Cost Participation Agreement. All members voted in favor.
July 23, 1985 - Special Meeting. Upon motion by Egan, seconded Wachter,
it was resolved that the Minutes be approved. All voted yes.
DAKOTA COUNTY TAX ABATEMENTS
A representative from the Dakota County Assessor's office was present and
recommended approval of the following tax abatements.
a. Gregory Kranz - Parcel No. 10-13500-28-06 - Beacon Hill. Estimated
market value to be reduced from $106,100.00 to $88,200.00.
b. Donald Donahue - Parcel No. 10-84352-100-01 - Wilderness Run 3rd
Addition. Estimated market value to be reduced from $124,600 to $115,700.00.
Smith moved, Egan seconded the motion to approve the foregoing abatement
reductions. All voted in favor.
1 _
Council Minutes
August 20, 1985
CITY COMPOST PROGRAM
A report from Ken Vraa, the City Parks and Recreation Director, regarding
several alternates for the operation of a compost program for the City had
been distributed in the packet and councilmembers discussed the issue with Ken
Vraa who was present at the meeting. Mr. Vraa spoke with regard to the
advantage to the residents, the City environment, and also the potential for
grant money being available. Following discussion, Smith moved, Thomas
seconded the motion to approve Alternate No. 1 and authorize the staff to
proceed to implement Alternate No. I with the suggestion that several
locations be spread through the City as pick-up points for the compost. All
councilmembers voted yes.
WOODHAVEN ADDITION - BUILDING PERMIT
A request from Terry Stover, the developer of Woodhaven Addition, for
issuance of a building permit prior to recording the final plat, was
submitted. Mr. Stover was present and"it was noted that his stated reason was
that the survey of the footings and foundation walls would be completed after
the basement is completed. Mr. Colbert noted that the Council has not
generally authorized building permits prior to construction, in order to avoid
the administrative problem of enforcing the completion of the final plat after
a building has been commenced. Smith moved, Egan seconded the motion to deny
the request for precedential purposes, noting that in the event the Council
authorizes such a permit, that it would be likely to be requested in other
instances. Those in favor were Blomquist, Egan, Smith and Thomas; Wachter
voted no.
CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER - CONTRACT #85-5
Tom Colbert requested of the City Council a Resolution requesting MnDOT
Cost Participation under Project #428 covering its proportionate share of the
run-off into the City storm sewer system. Upon motion by Thomas, seconded
Egan, it was resolved that the Resolution be adopted authorizing a Cost
Participation Agreement for Project #428 under City Contract #85-5 and
authorize the Mayor and City Clerk to execute all related documents. All
Councilmembers voted in favor.
R 85-50
COUNTRY CLUB MARKET - PROJECT #449
Public Works Director, Tom Colbert, stated that he had been contacted by
Bob Nelson, the Operations Manager of Country Club Markets objecting to
Project #449 consisting of proposed improvements adjacent to the Country Club
Market in the Cedarvale area. Bob Nelson was present and stated that Country
Club would agree to pay up to $3,000.00 for landscaping, but that the City
would be responsible for the maintenance, and for guaranteeing the growth or
replanting, if necessary. Councilmembers noted that the original agreement by
Country Club Market, when the building permit was granted, was that the rear
of the Market, along Highway #13, would be screened. It was apparent that the
management has not done so, causing a distinct eyesore for a number of years.
Several alternates were discussed and Council directed the staff to negotiate
with the Country Club Market management to determine whether other alternates
may be feasible. No formal action was taken.
2 .
Council Minutes
August 20, 1985
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. Personnel Items. The following Personnel items were brought before
the Council:
a. Park Maintenance Worker. A vacancy was created with the
resignation of Doug Berans, Park Maintenance worker, and it was recommended
that Richard Pelletier be hired to fill the vacancy effective August 26, 1985.
b. Planning Intern. The City Planner has recommended that Steven
Schwanke be hired as Planning Intern under the normal intern conditions,
effective September 3, 1985.
2. Contractor's Licenses. A schedule of applications for contractors for
licenses within the City, including plumbing, masonry, cement work, heating
and ventilating, homeowners and general contractor, were submitted and
recommended that they be approved by the Council.
3. Brittany 9th Addition - Feasibility Report - Project #459. A request
for feasibility report had been submitted by Tollefson Builders and it was
requested that a feasibility report be prepared for Project #459 consisting of
streets and utilities for proposed Brittany 9th Addition. The staff
recommended that the Consulting Engineer prepare the feasibility report.
4. Nicols Road - Streets - Feasibility Re ort - Project #460. As a
condition of the turn-back of County Road PZ3, Nico s Road it was
recommended that the City Council authorize the preparation of a feasibility
report that would provide that the County would participate in construction
costs in an amount equivalent to the bituminous overlay obligation.
5. Woodhaven Addition - Final Plat. The application of Terry Stover for
final plat approval of Woodhaven Addition was submitted and it was recommended
that it be approved subject to compliance with all City requirements.
R 85-51
6. UPS First Addition - Final Plat. The staff reported that all
conditions have now been met by United Parcel Service, Inc. for approval of
its application for the final plat of UPS First Addition and recommended that
it be approved. R 85-52
7. Meadowlands Addition - Vacation. A request had been received for the
vacation of the common lot line drainage and utility easements for Lots 101
through 104, Block 1, Meadowland First Addition. It was recommended that the
Council receive the Petition and schedule a public hearing for September 17,
1985 at 7:00 p.m. at City Hall.
8. Cedar Cliff Commercial Park - Contract #84-20. The contractor for
Contract #84-20 covering streets and utility improvements for the Cedar Cliff
Commercial Park, Spencer Construction, Inc., had requested the fifth and final
payment in the amount of $32,924.76. Staff recommended approval and also that
the Council accept the improvements for perpetual City maintenance.
3 .
Council Minutes
August 20, 1985
9. Miscellaneous Projects - Final Assessment Roll. Final assessment
rolls have been tabulated and prepared for the following projects:
Project # Location Description
#348 Coachman/Four Oaks Road Streets
#371B South Coachman Road Streets
#398 Sun Cliff 2nd Addition Streets & Utilities
#399 Silver Bell Road Streets
#400 Oak Cliff Addition Trunk Storm Sewer
#404 Lexington Place South &
Lexington Place 2nd Addition Utilities
#410 Lone Oak Road Trunk Storm Sewer
#411 Birch Park Addition &
Patrick Eagan Park Trunk Storm Sewer
#415 Cedar Cliff Commercial Park Streets & Utilities
It was recommended that the rolls be received and that public hearings be
scheduled at the City Hall at 7:00 p.m. on September 17, 1985.
10. Development Contract Amendments - Miscellaneous Developments.
Several developments throughout the City have not met the completion dates for
the installation of required public improvements and the developer is
requesting extension dates. The staff recommends amendment to the following
development contract agreements, to provide for the extension and completion
of the public improvements as follows:
Agreement
Completion Requested Staff's
Development Developer Date Ext.Date Recommen.
Sunset 4th (84-I) Tri-Land, Inc. 8-1-84 10-30-85 10-1-85
Blackhawk Oaks (84-R) Norse Development 11-18-84 9-15-85 9-15-85
Berkshire Ponds (84-B) Derrick Land Co. 6-15-85 9-15-85 9-15-85
Century Addn. (84-N) Don Klobar 9-1-84 10-1-85 10-1-85
11. Developer Performance Bond - Notices of Default. Certain subdividers
have not completed the installation of public improvements within the time
frame agreed in the respective development agreements regarding the final
plats, and notices have been sent to the parties informing them of the non-
compliance. The following developers have not responded and the staff has
recommended these developers to be found in default and that they be given
formal notice to complete their improvements by the specified date; further,
that in the event that the improvements have not been completed by the
recommended default date, that the City be authorized to recover against the
financial security under each development contract after September 15, 1985 in
the event the projects have not been completed to the City's satisfaction, and
to authorize the City to proceed to complete the additional necessary
construction:
4
Council Minutes
August 20, 1985
Agreement Final Date
Completion For
Development Developer Date Default
Crossroads of Eagan (84-V) Dan Gustafson 8-1-85 9-15-85
Park Ridge 2nd Addition Riverdale Development 9-1-84 9-15-85
12. Project #85-14 - Parks Improvement Contract - Change Order #2. It
was recommended that Change Order #2 for Contract #85-14 consisting of parks
improvement contract with Central Landscaping, Inc. be approved in four sub-
parts totaling $13,931.15.
Upon motion by Thomas, seconded Wachter, it was resolved that the
foregoing consent agenda items be and they hereby are approved and that the
City officials be authorized to execute the necessary documents for their
implementation. All Councilmembers voted affirmatively.
SUN CLIFF 5TH ADDITION - EASEMENT VACATION
Mayor Bea Blomquist convened the public hearing regarding the vacation of
drainage and utility easements for Lot 14, Block 3, Sun Cliff 5th Addition.
Tom Colbert explained the proposed vacation and there were no objections.
Smith moved, Wachter seconded the motion to close the public hearing and
approve the vacation of the drainage and utility easement for Lot 14, Block 3,
Sun Cliff 5th Addition, and authorize the execution of necessary documents.
All voted in favor.
KNOB HILL PROFESSIONAL PARK - IDB FUNDING
Mayor Blomquist convened the public hearing regarding the application of
Richard Nordlund for industrial revenue development bond funding in the amount
of $400,000.00 for a 7,000 square foot office building in Knob Hill
Professional Park. The applicant was not present, and upon motion by Egan,
seconded Wachter, it was resolved to continue the application until later in
the meeting, until the applicant arrived. All voted yes.
WERNER LEMBKE - CONDITIONAL USE PERMIT - LEMBKE 1ST ADDITION
The Mayor next convened the public hearing regarding the proposed denial
of the conditional use permit for Werner Lembke on Lot 1, Block 1, Lembke 1st
Addition. City Administrator Tom Hedges reviewed the background of the
conditional use permit and it was noted that the permit was originally issued
in July of 1980, and a development contract was entered into regarding the
Lembke 1st Addition in April of 1983. Eleven conditions were outlined in the
development contract, and also in the original conditional use permit
approval, and it was noted that the City has received complaints from
neighboring property owners for several years, objecting to non-compliance
with the conditions and the fact that the property has been poorly maintained.
5 .
Council Minutes
August 20, 1985,E
Gordon Moosbrugger, attorney, appeared on behalf of Mr. Lembke, and also
Mr. Lembke was present. Mr. Moosbrugger noted that the previous Wednesday, he
had met with Dale Runkle, the City Planner, on the site and indicated what
changes will be implemented in order to comply with the City requirements. He
mentioned that the agreement did not specifically identify the areas for the
asphalting or the crushed rock, etc. Grade 5 gravel is currently on the site,
according to Mr. Moosbrugger, and Mr. Lembke now has a bid for asphalt and
crushed lime rock in the sum of $5,765.00 but wants to acquire two additional
bids.
The conditional use for the outside storage has been violated, according
to neighboring owners and City staff, including trailers on the premises that
are not currently licensed. Mr. Moosbrugger stated that Mr. Lembke is in the
process of acquiring updated licenses for some of the trailers and that some
landscaping was installed by the end of June, 1985. He requested a
continuance until the next meeting to allow the owner to return with the
signed Contract to provide for completion of all the City requirements. Dale
Runkle commented on his findings and indicated very few changes had taken
place since July 10, but that a "general clean up of materials had been
accomplished. He noted the latest license on any of the trailers on the site
was 1978.
Mr. Moosbrugger requested that the landscape bond be returned to the owner
and the City staff recommended that the bond currently posted be forfeited.
There is a truck chassis on the property and debris around the house which,
according to Mr. Moosbrugger, would be cleared out shortly. Councilmembers
discussed at some length the fact that Mr. Lembke has not complied with the
City's requirements under the conditional use permit and development contract
and that he was fully aware of the meetings, including the June and July, 1985
Council meetings at which times the Council met to discuss the issue.
After lengthy discussion, Smith moved, Wachter seconded the motion to
authorize the staff and City attorney to proceed to commence criminal
prosecution for non-compliance under the City Code and State Statutes, in that
the conditional use permit requirements had not been complied with, and
further, to commence injunctive relief for a temporary and a permanent
restraining order to prohibit Mr.Lembke from operating the business without
compliance with the City's conditions for reasons stated above and the
following:
1. Mr. Lembke has refused, even though given adequate notice, to comply
with the conditions imposed by the City Council at the time of issuance of the
conditional use permit in 1980, and the approval of the Lembke 1st Addition
final plat in 1983.
2. There have been numerous complaints from neighboring property owners
and other residents in the area objecting to the nuisance created by Mr.
Lembke on the site, including the debris on the site, unlicensed trailers,
truck chassis and other unsightly objects.
3. Mr. Lembke has continuously refused to keep the equipment on the site
in a neat and orderly fashion, according to the agreement that was reached
with the City for the grant of the conditional use permit and approval of the
plat.
6
Council Minutes .
August 20, 1985
4. Mr. Lembke has been given adequate time to correct the deficiencies
and has failed and refused to do so.
5. The City Council hereby declares that the $2,000.00 Certificate of
Deposit posted to guarantee landscaping as part of the conditional use permit,
be and it hereby is forfeited.
6. Mr. Lembke indicated at the City Council meeting on June 18, 1985 that
he would bring all the issues into compliance within two months but has failed
to do so.
All councilmembers voted in favor.
UPS BUILDING PERMIT
On July 16, 1985, the Council reviewed a request from Paul Addison,
representing UPS, requesting the issuance of a building permit for the UPS
facility prior to the final plat approval being completed. The Council
authorized the issuance of the permit for 30 days to August 15, to allow UPS
to complete the final plat application process. Based upon the previous
Council action approving the final plat application, the staff recommended the
building permit be granted. Upon motion by Smith, seconded Thomas, it was
resolved that the application for temporary building permit be approved until
September _17, 1985, with the understanding that proof of the recording of the
final plat will then be completed and that the application will be returned to
the City Council only if the staff determines that the recording is not
completed, but if the recording has taken place, the building permit will then
be granted effective September 17, 1985. All councilmembers voted
affirmatively.
KNOB HILL PROFESSIONAL PARK - IDB FUNDING
The hearing regarding the application of Richard Nordlund for industrial
development bond funding for a 7,000 square foot office building in Knob Hill
Professional Park in the sum of $400,000.00 was reconvened by the Mayor.
Richard Nordlund was now present and the Council reviewed the application.
Tom Hedges restated the City Council's policy provided for a minimum
$500,000.00 issue for funding. Councilman Egan argued for continuing with the
policy, including the minimum cost provision and indicated that he was
concerned that any deviations will open the door to similar requests. Mr.
Nordlund requested the deviation from the general policy because smaller lots
are provided within the Knob Hill subdivision. He noted that revisions have
taken place in federal law excluding health clubs and restaurants under
certain circumstances and Mayor Blomquist recommended that the City Council
review the guidelines for IDB issuance.
Smith moved, Egan seconded the motion to deny the application, based upon
the policy of the City, including the reasons cited above, and further to
close the hearing. Those in favor were Smith and Egan; those against were
Blomquist, Wachter and Thomas. Thomas then moved, Wachter seconded the motion
to approve the application for IDB funding with the understanding that the
approval is an exception to the policy, noting that the entitlement period
will soon be expiring and further, that the application will not be a
precedent. Those in favor were Wachter, Blomquist and Thomas; those against
were Egan and Smith.
7 .
Council Minutes
August 20, 1985
IDB ENTITLEMENT FUNDING
At the last regular City Council meeting, a status report was given
regarding industrial development revenue bond entitlement funding for the City
of Eagan, noting the 1985 entitlement was $10,012,399.00. One application for
$400,000.00 has been approved, leaving a balance of $9,612,399.00. Mr. Hedges
stated that a letter was received on the day of the meeting for a potential
request of $1.2 million restaurant and requested the Council reserve the
funding. Larry Lee was also present and discussed two proposals for IDB
funding. The City of Roseville has requested up to $4.9 million in funding,
and Willmar $2,250,000.00.
Mr. Lee requested the Council set aside $1.2 million for a speculation
industrial warehouse building on the site south of the new UPS building.
There were questions as to whether there should be a minimum rental
requirement to fulfill the guidelines. In addition, Mr. Lee appeared on
behalf of Alpha Environment, which is a proposed project in Mendota Heights at
Lexington Avenue and Highway #110, adjacent to Gould Company property. He
stated that the City of Mendota Heights adopted the preliminary resolution for
$6.4 million in IDB funding and has $3,160,000.00 available. He therefore
requested that the Eagan City Council authorize Mendota Heights $3,260,000.00
from the Eagan entitlement.
Egan moved, Wachter seconded the motion to reserve the following funding:
a. $400,000.00 for the Richard Nordlund project.
b. $1.2 million for the proposed restaurant building.
c. $3,260,000.00 for the proposed project in Mendota Heights, based upon
its being a neighbor to the City of Eagan, and the project would be within the
general Northern Dakota County area.
d. The balance shall be divided amongst the applicant Cities on a
priority basis, and in the event entitlement is not used, then to be turned
over to the State of Minnesota pool.
e. Further, that other cities to which entitlement may be transferred,
shall pay the costs incurred by the City of Eagan in processing the transfers
of the entitlement funding.
All councilmembers voted in favor.
BATTERED WOMEN'S HOME - CONDITIONAL USE PERMIT-
The application of the Community Action Council to allow a shelter for
battered women on part of Lot 1, Block 1, Cedar Ridge 1st Addition, on the
west side of Nicols Road, was next brought to the Council. Dale Runkle
reviewed the proposal and noted that the Advisory Planning Commission
recommended approval at its July 23, 1985 meeting, subject to conditions.
8 _
Council Minutes
August 20, 1985
Frank Brennan, Mary Ajax and Bob Burrough, architect, appeared on behalf
of the applicant. Mr. Burrough made a presentation indicating there would be
26 parking spaces on 2.18 acres, noting there will be a residential flavor in
the architecture, special security alarms and locks for the doors and windows
and is designed to house up to 20 adults and 10 children. After reviewing the
application, Wachter moved, Smith seconded the motion to approve the
application, subject to the following conditions:
1. A detailed landscape plan shall be submitted and approved by City
staff prior to occupancy of the facility.
2. All other city ordinances shall be adhered to.
All councilmembers voted in favor.
FLOUR BIN ADDITION - PYLON SIGN PERMIT
The application of Flour Bin International for conditional use permit for
pylon sign for the Flour Bin International Restaurant located on Lot 1, Block
1, Flour Bin International First Addition at the southeast corner of Cliff
Road and Nicols Road, came to the Council. Dale Runkle explained the
application briefly and noted the Advisory Planning Commission recommended
approval at its July 23, 1985 regular meeting. He stated that the application
meets the criteria of the ordinance and there being no objections, Smith
moved, Thomas seconded the motion to approve the application, subject to the
following conditions:
1. The square footage of the sign shall not exceed the footage shown on
Exhibit "A" of just over 80 square feet of sign area.
2. Only the pylon sign for Flour Bin shall be approved with this
conditional use permit.
3. All other setback requirements and ordinances shall be adhered to.
All voted yes.
SPANDE 7TH ADDITION - PRELIMINARY PLAT
The application of Roy Spande for preliminary plat approval of Spande 7th'
Addition consisting of 3.4 acres and intended to contain 4 single family lots
on Highview Avenue, east of Trunk Highway #13 was next brought before the
Council. It was noted that the property is the former Fred Post property with
one existing home to be rehabilitated. There was a question as to how much
should be required from the subdivision to upgrade the streets -to present City
standards. Roy Spande was present and it was noted there had been concerns
about drainage by certain neighboring owners at the Advisory Planning
Commission meeting.
9 .
Council Minutes
August 20, 1985
Mr. Spande indicated that the developer would dedicate the necessary
easements but was concerned about the amount of the assessments and the
requirements resulting from the platting with approximately $25,000.00 in
estimated assessments. He suggested several alternates, including leaving the
property as one single lot or authorizing only Lots 3 and 4 to be platted
which would avoid a portion of the assessments. He suggested only two lots
and outlot for the balance, including the existing residence, and that all
easements would be dedicated to the City. After discussion, Thomas moved,
Wachter seconded the motion to approve the application to provide for the
platting of lots 3 and 4 only, with lots 1 and 2 as one single platted lot,
with the assessments levied only against the newly created lots 3 and 4, with
the understanding that assessments will be imposed on the remaining parcel
when the land is subdivided, and further subject to the following conditions:.
1. Buyers purchasing the newly created lot shall be made aware by the
developer of air traffic noise, and the developer shall provide proper
insulation in the construction of new dwellings.
2. The plat shall be subject to the Park Commission's review and comment
for park dedication.
3. All standard plat conditions shall be adhered to.
4. Sanitary sewer and water services shall be constructed into each lot.
5. A 30 foot half right-of-way shall be dedicated on the final plat for
both Bridgeview Terrace and Highview Avenue.
6. A 30 foot drainage utility easement along the southerly boundary of
the proposed development shall be dedicated to provide for future trunk storm
sewer line.
7. This development shall be responsible for trunk area storm sewer and
street reconstruction assessments at the rates in effect at the time of final
platting.
8. All applicable standard engineering conditions shall be adhered to.
9. When platted, the west lot line of proposed Lot 2 shall be moved 5
feet to the east to keep the garage in compliance with City Code.
All members voted in favor.
SEE PLAT FILE
10
Council Minutes
August 20, 1985 r1. ti%
WYNDHAM CORPORATE CENTER - REZONING & PRELIMINARY PLAT
The application of Trammell Crow Company for rezoning of Wyndham Corporate
Center consisting of 21 acres to a Planned Development and a preliminary plat
containing one lot and one outlot was next considered by the City Council.
The Advisory Planning Commission, at its meeting on July 23, 1985, recommended
approval to the City Council, subject to certain conditions. Dale Runkle
detailed the application for the City Council and mentioned that the hotel is
proposed to include 158 parking spaces for the 134 unit garden hotel and the
98 seat restaurant. The ordinance requires 200 parking spaces but there is an
area specified for additional parking if the City requires. The Advisory
Planning Commission recommended 10 foot by 20 foot parking spaces for the
hotel.
Robert Hoffman, attorney, appeared as did Ken Anderson of Barton, Ashman,
and Gary O'Brien of Trammell Crow on behalf of the applicant. Mr. Hoffman
described the proposed garden court hotel and indicated the applicant will
provide proof of parking, it will extend the sanitary sewer to the south and
if oversizing is required, recommended' that the over-sizing not be part of the
cost of the development. It was also proposed that the traffic through the
motel not be permitted to move to the south and that there only be one access
to the hotel lot. Mr. Hoffman recommended the parking spaces be permitted to
be reduced in size, noting that the hotel design does not promote the normal
turn-over as do other hotels. This also would permit additional landscaping
if 10 feet width is not required.
Councilmembers questioned the advisability of a small retail center and
stated that originally the developer proposed a retail shop in the proposed
hotel in Eagan Woods Addition. The Mayor generally was opposed to small
retail centers and also was concerned about the possibility of a pylon sign
request within the development. Mr. O'Brien stated that no pylon signs will
be requested for the entire development. Staff members expressed concerns
about accesses to the office buildings and Mr. Colbert stated he generally is
in favor of more than one access to office buildings, and recommended
circulation around office buildings, but noted that further consideration of
the office proposals will be made at a later time.
Smith moved, Egan seconded the motion to recommend approval of the
application for rezoning, subject to the following:
1. A planned development agreement shall be entered into for the overall
planned development, as submitted with the planning report dated July 16,-
1985. This development agreement shall be for a period of 5 years unless
appropriate extensions have been applied for and approved by the City Council.
2. The planned development for the property to the north shall be amended
to provide that the space designated for a hotel or office building shall be
designated for an office building and the designation for a hotel shall be
removed.
All councilmembers voted in favor, except Blomquist who voted no, stating
that the balance of the development was not detailed adequately at the present
time.
11
Council Minutes
h;: . nJ?
August 20, 1985
Thomas then moved, Wachter seconded the motion to approve the application
for preliminary plat to contain hotel and office building on the property,
subject to the following conditions:
1. An architectural design shall be established by the developer and
reviewed by City staff in order that all of the buildings will have a common
architectural theme.
2. Acoustical treatment shall be provided within the building in order to
minimize any noise impacts along with the site from planes overhead, 1-494, or
Pilot Knob Road.
3. A general grading plan and overall landscape plan shall be prepared
and submitted and the detailed plans submitted with each phase of the
development for review and approval by City staff.
4. The planned development shall be reviewed by the Eagan Parks
Commission with regard to park dedication for this development proposal.
5. Standard preliminary plat conditions shall be applicable.
6. The detailed landscape plan shall be reviewed and compared with the
general theme of the landscaping for the planned development.
7. Each parking space shall be 10 feet by 20 feet in size.
8. This development shall be responsible for obtaining all necessary
permits for the sanitary sewer extension.
9. The 12-inch watermain for Eagan Woods Boulevard shall be extended
southerly from the entrance road through the radius located at the southeast
corner of Lot 1, Block 1.
10. A 60-foot right-of-way shall be dedicated for the southerly extension
of Eagan Woods Boulevard.
11. This development shall be responsible for trunk area watermain and
storm sewer assessments for Lot 1, Block 1, at the rates in effect at the time
of final platting.
12. All costs associated with public improvement construction for this
development shall be the responsibility of the development.
13. No parking shall be allowed on the internal access road of Eagan
Woods Boulevard.
14. The entrance road shall be a minimum width of 36 feet.
15. Sanitary sewer improvements shall be adequate to handle the property
to the south of the proposed development.
16. A variance shall be allowed from the 200 parking spaces required by
code to allow 158 spaces with the condition that parking shall be reviewed by
staff within one year and additional parking spaces shall be provided by the
owner, if required by the City.
12
Council Minutes
August 20, 1985 0. F;.
17. The developer shall provide a proof of parking exhibit to indicate
the location of possible additional parking spaces and the parking shall be
reviewed within one year with the understanding that the City Council may
require additional spaces if determined necessary, within its discretion.
All voted in favor except Blomquist who voted no.
SEE PLAT FILE
WEDGWOOD 2ND ADDITION - PRELIMINARY PLAT
The application of Tri-Land Properties and Jim Curry for preliminary plat
approval of Wedgwood 2nd Addition, consisting of Outlot C, Wedgwood 1st
Addition, came before the Council. The Planning Commission, at its meeting on
July 23, 1985, recommended approval of the application with certain conditions
and that all lots meet the R-1 zoning standards. The Advisory Parks and
Recreation Commission has reviewed the application and noted the preliminary
plat is part of the Lexington South planned development, and therefore park
land dedication has previously been cothpleted.
The 10 acre parcel containing 22 single family lots would provide for
gross density of 2.2 dwelling units per acre and net density of 2.5 to 2.7
units per acre.
At the request of the developer, Egan moved, Wachter seconded the motion
to continue the application until the September 3, 1985 regular meeting. All
members voted in favor.
SEE PLAT FILE
LeMAY LAKE HILLS - REZONING & PRELIMINARY PLAT
The application of Al Kempf to rezone approximately 31.69 acres from A
(Agricultural) to PD (Planned Development) and for preliminary plat approval
to divide the parcel into 8 single family lots and 5 multiple dwelling lots,
for a total of 40 multiple dwelling units on 5 lots, was presented to the
Council. Dale Runkle explained the application and noted that one of the
important issues at the Advisory Planning Commission was the access road to
Towerview Road, and also he gave an explanation of the Shoreland Ordinance
applicability. He mentioned the DNR had reviewed the parcel and determined
that a 44 unit capacity could be provided, but could be up to 48 units if the
Martin Shields home is included in the density. It was recommended that no
docks be allowed along the shore line.
Mr. Colbert reviewed the Towerview Road access concerns and noted that if
the access is closer to Pilot Knob Road, it would create a 10% to 12% grade
and recommended moving the access farther to the east and tie in as closely as
possible to the Quarry Lane intersection. He recommended a compromise
location so as not to affect the homeowners to the south any more than
necessary. There was discussion concerning the retaining wall along Pilot
Knob Road and it was recommended that a screening barrier be established where
the difference in elevation will not resolve the oncoming headlight problem on
Pilot Knob Road.
13
Council Minutes
August 20, 1985
Ed Reid, a neighboring owner, was present and had certain objections.
Greg Hollenkamp, the architect for the applicant, was present as well as Al
Kempf. Mr. Hollenkamp mentioned that.the grades could be raised enough to
stay within the 7% grade at the intersection of Towerview Road, and further
mentioned that a neighborhood meeting had been held and that the developer
could access at any point along Towerview Road.
It is proposed that the townhouse units be rental units and that the
configuration be changed with 6 lots abutting Towerview Road. After lengthy
discussion, Smith moved, Wachter seconded the motion to continue the
application until the September 3, 1985 meeting to allow the staff, the
developer and the neighbors to review the proposed revisions and to submit the
recommendations to the City Council for final decision, indicating the number
of lots proposed along the south line. All voted yes. There were members of
the audience that were opposed to the trail around the lake.
SEE PLAT FILE
SUN CLIFF THIRD ADDITION - PRELIMINARY PLAT
The application of Robert Carlson and Patrick Hoffman for preliminary plat
approval of Sun Cliff Third Addition, consisting of 13.5 acres, containing 5
duplex lots and four 12-unit multiple buildings came to the Council. Dale
Runkle explained to the Council the application and noted that the Advisory
Planning Commission, recommended approval at its July 23, 1985 meeting. The
applicant had agreed to upgrade the roadway, providing a 28 foot roadway
width, which would allow some on-street parking and better access. An
important issue was access to Blackhawk Road at the Advisory Planning
Commission. The park land dedication has been completed as part of the Eagan
Hills PUD. Bob Carlson, Pat Hoffman and Greg Hoffman, were present as well as
Chuck Winden, the surveyor for the project. They displayed the concept for
the condo units, which are similar to townhomes without any common areas.
Jay Tscherne, a neighboring owner on the east side of Blackhawk Road, had
concerns about access to Blackhawk Road and stated that it was his opinion
that the access was too close to the intersection with Diffley Road. Mr.
Colbert stated that there would not be further road accesses to Blackhawk
Road, but the two lots would access because of the gas line easement location.
Smith moved, Thomas seconded the motion to approve the application,
subject to the following conditions:
1. The park dedication requirements of the Eagan Hills West Planned
Development Agreement shall be current prior to the approval of the final
plat.
2. The smaller-sized double bungalow lots (Lots 1 through 5 of Block 1)
shall be approved through the Planned Development with the understanding that
no setback variances shall be granted and the normal setback requirements of
the R-2 District shall be observed.
3. The proposed four-stall garage shall be designed of the same exterior
material as the multiple dwelling buildings.
4. A detailed landscape plan shall be submitted for the double bungalow
lots and the multiple dwelling lots prior to approval of the final plat.
14
Council Minutes
August 20, 1985 cmmi'^~~
1 ,
5. The preliminary plat shall be approved by the Dakota County Plat
Committee prior to the approval of the final plat.
6. All of the provisions of the Eagan Hills West Planned Development
Agreement shall be in compliance prior to the approval orf the final plat.
7. Sidewalks shall be provided as required by the City Council.
8. A landscaped area/berm shall be provided where the private driveway
parallels County Road #30 to avoid disturbing neighbors with headlights, and a
landscape plan providing for such a berm shall be reviewed and approved by
City staff prior to final plat approval.
9. The developer shall furnish the City with the necessary easements
and/or permanent right-of-entry document for the maintenance of utilities that
cross the Northern Natural Gas pipeline.
10. A detailed grading, drainage" and erosion and sediment control plan
shall be submitted to the City for review and approval by City staff.
11. The developer shall dedicate the necessary utility and drainage
easements as required by the City staff.
12. The developer shall dedicate the necessary utility and drainage
easement for Pond AP-7 to encompass the required area below the 893.9
elevation in accordance with the City's Comprehensive Storm Sewer plan.
13. All costs for internal utilities and streets shall be the sole
responsibility of this development.
14. The developer shall meet the applicable requirements of the Standard
Engineering Conditions.
15. The developer shall submit to the City staff for review and approval
planned profiles of the utilities and streets.
16. The private streets for this development shall be constructed to a
minimum of 28 feet wide.
17. City staff shall determine if the City made a commitment to residents
concerning no access on Blackhawk Road, and if so a determination should be'
made as to whether the commitment should be honored.
18. Homeowner's Association documents shall be submitted for review and
approval by City staff prior to final plat approval.
19. Eagan Hills West Planned Development shall be amended at the Sun
Cliff Third Addition area to be in conformity with Sun Cliff Third Addition
and density not used by Sun Cliff Third Addition shall not be shifted to other
parts of the Planned Development.
All Councilmembers voted yes.
SEE PLAT FILE
15
Council Minutes
August 20, 1985
1 1
HONG WONG RESTAURANT - WINE & BEER LICENSE
The application of Linda Wong requesting a beer and wine license for the
proposed Hong Wong Restaurant at the Cedar Cliff Shopping Center was presented
to the Council for consideration. The Police Department has reviewed the
application and there were no objections. Ms. Wong was present and Wachter
moved, Egan seconded the motion to approve the application, subject to
compliance with necessary City requirements. All voted in favor.
FOREST RIDGE ADDITION - FINAL RESOLUTION/HOUSING BONDS
A letter of transmittal, copies of the preliminary statement and final
resolutions have been received by the City and reviewed by the City staff
regarding the final resolution for the Forest Ridge housing bond project. The
project is located north of Duckwood Drive adjacent to the future alignment of
Denmark Drive and would consist of 252 multi-family units. Representatives of
the applicant were present and there were no objections to the application.
Egan moved, Wachter seconded the motion to approve the final resolution for
the Forest Ridge Addition bonds in the amount of $10,960,000.00, subject to
compliance with all necessary State and City requirements. All Councilmembers
voted in favor.
LaFONDA DE ACEBO - LIQUOR LICENSE
Mr. Hedges stated that the City was notified that Mr. James Geoglerius had
been terminated as the in-state resident manager for the LaFonda Restaurant
and after notice to the owners, Richard Spear, a resident of Bloomington, who
is now the resident manager, has submitted an application for approval by the
Council for that position. There was no appearance by the applicant but staff
recommended approval. Egan moved, Thomas seconded the motion to approve the
liquor license to LaFonda Restaurant with Richard Spears as the in-state
manager. All members voted yes.
CEDAR INDUSTRIAL PARK - CONTRACT #85-5
On Friday, August 9, 1985, sealed bids were publicly opened for the
construction of the trunk storm sewer through the Cedar Industrial Park area
along with street improvements for Blackhawk Road. Tom Colbert reviewed the
bids with the Council and it was noted that the City has received objections
from the apparent second low bidder, Barbarossa & Sons, and the third low
bidder, L & G Rehbein regarding certain administrative errors in the low
bidder's bid, namely ARI Contracting. There have been negotiations with the
attorneys for and representatives of each of the contractors.- It was further
noted that all easements have not been acquired by the City from the property
owners. Several alternates were discussed, including rejecting all bids and
ordering the readvertisement of bids, the award to ARI considering the errors
being minor technical errors that are obvious errors, or awarding the contract
to the second low bidder, based upon an alleged claim that the errors go 'to
the essence of the bid, and therefore the low bidder is not the lowest
16
Council Minutes
August 20, 1985
responsible bidder. There was considerable discussion, and Bob Huber, the
attorney for ARI was present. The City Public Works Director recommended
approval of the alternate bid also.
After extended discussion, Blomquist moved, Thomas seconded the motion to
approve the low bid of ARI Contracting, with a total base bid of $874,192.40
and the alternate bid of $23,000.00 for the reasons including the following:
1. That time is of the essence for the commencement and completion of the
contract during 1985.
2. That the irregularities are only technical defects and were obvious
errors and therefore do not affect the substance of the bid.
3. That the low responsible bidder is ARI Contracting.
4. That the provisions of the bid information and contract would clearly
indicate that the errors were only procedural and the extensions or summations
control for purposes of determining tht base bid.
5. That the Council should waive the irregularities and informalities and
proceed with the award of the contract to the lowest responsible bidder.
All councilmembers voted in favor.
LEXINGTON SQUARE 2ND ADDITION - CONTRACT #85-20
The bids for Lexington Square 2nd Addition consisting of Contract #85-20,
trunk storm and sanitary sewer were opened on August 13, 1985. The low bidder
on the project was Enebak Construction, Inc. in the sum of $418,267.25 and it
was recommended that the low bid be approved and the contract be awarded.
Thomas moved, Wachter seconded the motion, and all members voted in favor to
award the contract to Enebak Construction Company based upon its low bid.
BRITTANY 9TH ADDITION - EXCAVATION PERMIT
The application of Tollefson Builders for excavation and grading permit
for the proposed Brittany 9th Addition, incorporating approximately 10 acres
was considered by the Council. After discussion, Thomas moved, Egan seconded
the motion to continue the application until the September 3, 1985 meeting.'
All members voted yes.
CEDAR CLIFF COMMERCIAL PARK
Steve Darling, a neighboring resident of the Cedar Cliff Commercial Park
appeared and had objections concerning non-compliance with the conditions of
the commercial plat, including lack of sod on the berm, weeds, and also that
certain trees are dying along the berm, separating the residential area to the
north. It was noted that Jim Durning had recommended that additional work. be
done later in the fall of 1985, according to Dale Runkle. The staff was
requested to continue to monitor the requirements imposed upon the
development.
17
Council Minutes
August 20, 1985
SURPLUS BRICK
Egan moved, Wachter seconded the motion to declare the excess brick from
the City Hall as Excess property. All members voted yes-.
EAGAN FALL CLEAN-UP & RECYCLING DAY
There was discussion by the City Council concerning the designation of a
day during the fall of 1985 as a clean-up and recycling day for the City. The
staff was requested to determine a specific date and to publicize it in the
local news media. Blomquist moved, Wachter seconded the motion to direct the
staff to determine such a date. All voted in favor.
BLACKHAWK ROAD - TRUNK HIGHWAY #13 - TRAFFIC SIGNALS
A letter has been received from the MnDOT District #9 Traffic Engineer
concerning his investigation regarding the City's request for traffic signals
at the intersection of Blackhawk Road and Trunk Highway #13. The staff was
directed to forward the additional information to Kermit McRae at District #9.
GOAT HILL & RIDGECLIFF PARKS - ATHLETIC FIELD LIGHTING
Plans and specifications have been prepared for athletic field lighting
bids for Goat Hill and Ridgecliff Parks developments, under Contract #85-23.
Smith moved, Egan seconded the motion to approve the recommendation of the
Park and Recreation Committee. All voted in favor.
DECLARATION OF SURPLUS PROPERTY
Two Kelly-Creswell line stripers, formerly used for striping athletic
fields have been determined excess property. Upon motion by Blomquist,
seconded Wachter, it was resolved that the recommendation of the staff to
approve the two stripers as surplus property be approved. All voted yes.
STAR CITY SIGNING
The Eagan Economic Development Commission had proposed the installation of
Star City signs at the Interstate and freeway entrances to the City. The
recommendation was to install three 30" by 120" interstate highway compatible
Star City signs, at a cost of $1,012.00, and in addition, six signs at a cost
of $426.00 on State Highways. Thomas moved, Smith seconded the motion to
authorize the purchase of all signs to be installed on the State Interstate
highways in the City as designated. All voted yes.
18
Council Minutes
August 20, 1985 - PIP
STATE AID STREETS - CAPITAL IMPROVEMENT PLAN UPDATE
Public Works Director Tom Colbert submitted an update of the approved 1982
five-year construction program for Municipal State Aid Streets. Smith moved,
Blomquist seconded the motion to approve the five-year construction program
submitted by staff. All voted in favor.
GOPHER SMELTING - ASSESSMENT APPEAL
A proposed settlement of the Gopher Smelting storm sewer assessment appeal
scheduled for trial in the Dakota County District Court was submitted in the
form of a letter from Assistant City Attorney Brad Smith, to the Council. Tom
Colbert and Paul Hauge described the proposed settlement with the Council,
providing for a total of $63,000.00 in assessments. Upon motion by Egan,
seconded Wachter, it was resolved that the Council approve the recommended
settlement under Project #381 and authorize the City officials to enter into a
Stipulation of Settlement concerning the assessments. All Councilmembers
voted yes.
PINE RIDGE DRIVE - GROUP W CABLE CONTRACT #85-23
Tom Colbert recommended advertising for bids for Contract #85-23 based
upon the plans and specifications that have been submitted to the Council.
Upon motion by Smith, seconded Wachter, it was resolved that the City Clerk be
authorized to advertise for bids to be opened on September 13, 1985 at 9:00
a.m. at the Eagan Municipal Center, with the understanding that the Developers
of the proposed Splashland project be contacted to determine whether an
agreement can be worked out regarding the proposed assessments before
proceeding with the project. All members voted in favor.
SENECA WASTE WATER TREATMENT PLANT
The City staff and councilmembers have received complaints concerning odor
emanating from the Seneca Waste Water Treatment Plant, operated by the
Metropolitan Waste Control Commission, and noted that these complaints have
continued for a number of years. It was recommended that the City
Administrator forward letters to Sandra Gardebring, the Chairperson of the
Metropolitan Council, and also Peter Meintsma, the Chairman of the
Metropolitan Waste Control Commission, regarding the complaints, requesting'
that action be taken to correct them.
CHECKLIST
Upon motion by Thomas, seconded Wachter, it was resolved that the
following checklist dated July 25 in the amount of $ 8,557.92
be approved. All voted yes. July 31 466,553.20
August 20 1,271,603.96
19
Council Minutes
August 20, 1985
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:40 a.m.
All councilmembers voted yes. °
PHH
Cit Jerk
20