08/18/1987 - City Council Regular
00346
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 18, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
August 18, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and
Ellison. In addition, City Administrator Tom Hedges, Public Works
Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers
Robert Rosene and Mark Hanson, and City Attorney Paul Hauge were
present.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
revised. All voted in favor.
MINUTES
August 4, 1987 - Regular Meeting Minutes. Upon motion by Egan,
seconded Ellison, it was resolved that the minutes of the regular
meeting of August 4, 1987 be approved with the exception that on
page 14, relating to Blue Ridge Addition final plat, the second
paragraph regarding Mr. Colbert's comments should be entered after
the motion in the third paragraph. All voted yes.
August 10, 1987 - Special Meeting Minutes. Wachter moved, Egan
seconded the motion to approve the minutes with the exception on
.page 1, the meeting began at 5:00 p.m., rather than 6:30 p.m. All,,
voted yea.
BLACKHAWK ROAD - CONTRACT #87-17
After review of the bids that had been received on Blackhawk
Road street improvements under Contract #87-17, Smith moved, Wachter
seconded the motion to approve the award of the contract to the low
bidder, Preferred Paving, for $320,032.50, subject however, to
acquisition of all necessary easements. All voted yes.
WESCOTT ROAD - CONTRACT #87-26
The bids were received for Contract #87-26 consisting of
surfacing of Wescott Road and it was recommended that the contract
be awarded to the low bidder. Egan moved, Smith seconded the motion
to approve the award of the contract to Bituminous Roadways, Inc. in
the sum of $328,436.00, subject to completion of the acquisition of
all necessary easements. All members voted yes.
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SPERRY RESERVOIR - REPAINTING - CONTRACT #87-34
Wachter moved, Egan seconded the motion to approve the plans for
Contract #87-34 and authorize the advertisement of bids with an
opening to be held at 9:30 a.m. on August 31, 1987 at City Hall.
All members voted yea.
COUNTRY CLUB MARKET, BRAUN COURT, PATRICK ADDITION AND
CHAPEL HILLS BAPTIST CHURCH - CONTRACT #87-32
Staff recommended that the Council authorize the advertisement
for bids for Contract #87-32, noting the plans have now been
prepared. It was pointed out, however, that easements have yet to
be acquired for certain of the projects.- Egan moved, Wachter
seconded the motion to receive the plans and to authorize the
advertisement for bids in the legal newspapers to be opened at 10:30
a.m. on September 11, 1987 at the Municipal Center. There was
discussion concerning the proposed Country Club Market project and a
status report of the acquisition of the necessary easement right-of-
way will be made, following the receipt of the bids. All members
voted in favor except Councilman Smith who abstained regarding the
Patrick Addition improvements, noting that his employer is the fee
owner of the property.
STAFFORD PLACE - CONTRACT #87-24
There was discussion concerning the acquisition of easements and
it was noted that a right-of-entry is expected to be signed within
the next two days from the developer of Stafford Place. Egan moved,
Wachter seconded the motion to receive the bids for Contract #87-24
and award the contract to the low bidder, J. P. Norex, in the sum of
$553,923.15. All voted affirmatively.
COUNTRY HOLLOW - CONTRACT #87-30
A right-of-entry has now been acquired from the developer of the
Country Hollow Addition and Mr. Colbert recommended the award of the
contract to the low bidder. Ellison moved, Egan seconded the motion
to receive the bids and to award the contract to the lowest
responsible bidder, F. Jedlicki, Inc., in the sum of $252,060.00.
All members voted yea.
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WELL NO. 10 - CLIFF ROAD - CONTRACT #87-27
Bids have been received for . Contract #87-27 and it was
recommended by the staff that the bow bidder, E. H. Renner & Sons,
be awarded the contract in the sum of $131,240.00. Wachter moved,
Egan seconded the motion to accept the staff recommendation and
authorize the award of the contract. All voted aye.
WELL NO. 11 - ASHBURY ROAD - CONTRACT #87-28
It was recommended that the low bidder'be awarded the contract.
Egan moved, Ellison seconded the motion to receive the bids and to
authorize the award of the contract to Keys Well Drilling Company,
the low bidder, in the sum of $188,860.00. All voted affirmatively.
SALT STORAGE BUILDING - CONTRACT
Bids have been received for the salt storage building. Public
Works Director Tom Colbert recommended that the Council reject all
bids and readvertise with modifications to the plans, because there
were only two bids, with a third bid being submitted late and the
bids were excessively high. Wachter moved, Smith seconded the
motion to reject the bids because they are substantially above the
estimate and authorize the staff to redraw the plans and resubmit to
the City Council at a later time for readvertising. All members
voted yes.
QUARRY & BLUE CROSS/BLUE SHIELD PARK - CONTRACT #87-3
The hockey rink lighting for Quarry and Blue Cross/Blue Shield
Park plans and specifications have been prepared. It was
recommended that the Council authorize the advertisement of bids for
Contract #87-3 to be advertised in the legal newspaper and they are
to be opened on August 28, 1987 at 1:00 p.m. at the Eagan Municipal
Center. Smith moved, Wachter seconded the motion to implement the
recommendation. All voted aye.
CONSENT AGENDA
The following consent agenda items were reviewed and Project
#512, Cutter's Ridge utilities, and Project #518, Manor Lake
Addition, were stricken from the consent agenda for consideration
later in the Council meeting.
Upon motion by Egan, seconded Wachter, it was resolved that the
following consent agenda items be approved and authorized to be
implemented by the City staff:
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August 18, 1987
1. Personnel - Seasonal Park Maintenance Worker. It was
recommended that Michael Pogorelc be hired as a seasonal park
maintenance worker for the 1987 fall season.
2. Delinquent Utility Bill - Assessment Roll. A list of
delinquent accounts which cannot be shut off for collection was
provided by the Utility Billing Department. Also included was a
list of delinquent accounts on property which is vacant and service
had been shut off. It was recommended that the Council receive the
final assessment roll for delinquent utility bills and schedule a
public hearing for September 15, 1987 at 7:00 p.m. at the Eagan
Municipal Center.
3. South Nicols Road - Project #460A. The final assessment
roll for South Nicols Road, Project #460A has been prepared and it
was recommended that the roll be received and that a public hearing
be scheduled for September 15, 1987 at 7:00 p.m. at the Municipal
Center.
4. Windtree 7th Addition - Project #477. A recommendation was
made that the final assessment roll for Project #477 consisting of
Windtree 7th Addition be received and that a public hearing be
scheduled for September 15, 1987 at 7:00 p.m. at the City Municipal
Center.
5. Woodgate Lane - Street Lights - Project #490. The final
assessment roll has been prepared for Project #490, Woodgate Lane
street lights, and it was recommended that the roll be received and
that the Council schedule a public hearing at 7:00 p.m. at the
Municipal Center on September 15, 1987.
6. Nancy Circle - Project #482. The final assessment roll has
been prepared for Project #482 and the staff recommended that the
roll be received by the City Council covering Nancy Circle street
improvements and that it schedule a public hearing at 7:00 p.m. at
the City Hall on October 20, 1987.
7. Pond AP-50 Outlet - Project #452 Revised. It was
recommended by the staff that Council receive the revised
feasibility report for Project #454R, Pond AP-50 Outlet, and that it
schedule a public hearing at the Municipal Center at 7:00 p.m. on
September 15, 1987.
8. Windtree 8th Addition - Final Plat Approval. The developer
of the Windtree 8th Addition has submitted its application for
approval of its final plat. It was recommended that based upon
receipt of all necessary City requirements that the Council approve
the application.
R87-56
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9. St. Francis Woods 6th Addition - Project #517. A Petition
has been received for preparation of a feasibility report for
improvements in St. Francis Woods 6th Addition. It was recommended
that the Council receive the petition and authorize the preparation
of a feasibility report and detailed plans and specifications.
10. Park Shelter - Contract #86-09. The final payment request
has been made for Park Shelter under Contract #86-09 and it was
recommended that the City accept the Park Shelter and authorize the
final payment in the sum of $24,391.00 to A.L.M. Construction.
11. Rahn Park Dike - Contract #86-19. A request for final
payment has been made by Central Landscaping, Inc. covering Rahn
Park dike construction and it was recommended that the Council
accept the project and authorize the final payment in the amount of
$3,154.90.
12. UPS First Addition - Contract #85-18. Change Order No. 2
to Contract #85-18 in the amount of $29,575.85 was recommended to be
approved and it was further recommended that the Mayor and City
Clerk execute the necessary documents to implement the change order.
13. UPS First Addition - Project #442. The final assessment
roll for UPS First Addition, Project #442 has been completed and the
staff recommended that the Council receive the roll and schedule a
public hearing before the Council at the Municipal Center on
September 15, 1987 at 7:00 p.m.
14. Wescott Road - Project #467. The street and utility
assessment roll under Project #467 for Wescott Road has been
prepared and submitted by the staff and it was recommended that the
roll be received and that a public hearing be scheduled by the City
Council at the Municipal Center on September 15, 1987 at 7:00 p.m.
15. South Wescott Hills Drive - State Aid Designation. It was
recommended that the resolution to revoke State Aid designation of
South Wescott Hills Drive after evaluation of the overall Municipal
State Aid street system running through Northview Meadows Addition,
be approved. R87-57
16. Rahn, Goathill and Trapp Farm Parks - Contract #86-22.
The parking lot lighting improvements under Contract #86-22 have
been completed and it was recommended that final payment be approved
and the project be accepted with payment of $3,873.00 to Midland
Electric.
17. Blackhawk Acres 2nd Addition - Vacation of Utility
Easement. It was recommended that the council receive the petition
for vacation of utility easements in Blackhawk Acres 2nd Addition
and schedule a public hearing for September 15, 1987 at 7:00 p.m. at
the Eagan Municipal Center.
All councilmembers voted affirmatively.
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BUILDING BLOCK DAY CARE CENTER - INDUSTRIAL REVENUE FINANCING
Mayor Bea Blomquist convened the public hearing concerning the
consideration of industrial revenue financing for Building Block Day
Care Center facility, by Waterford Development Group, Inc. City
Administrator Tom Hedges who returned home from vacation on the day
of the Council meeting, summarized the application and noted that
the July 7, 1987 City Council meeting set the public hearing for
August 4, 1987. At the latter meeting, the Council continued
further information including financial statements for the non-
profit corporation, the salaries and other related information for
Building Block Day Care Management Team, including the names of the
Board of Directors.
William Dunkley was present on behalf of the applicant and
answered questions of the City Council. He indicated that the City
of St. Paul will issue the bonds but the City of Eagan must
acknowledge the issuance also. Councilman Egan questioned the
extent of industrial revenue bond activity in the future and it was
noted that it is not expected that there will be much request for IB
funding in the near future. He explained that the land costs tend
to remain within the financing, certain uniqueness to the
application and the lack of activity in the industrial bond area,
including the non-profit status for features that were discussed.
Mr. Dunkley indicated, upon questioning, that none of the financing
will be used to pay off other outstanding obligations.
There was discussion concerning the rather poor profit and loss
statement for the non-profit corporation. Mr. Dunkley pointed out
that the New Horizon Child Care, Inc., a for-profit corporation,
will manage the day care center and upon questioning, indicated that
the Dunkley family are the owners and operators of the New Horizon
Child Care, Inc.
Councilman Ellison was reluctant to approve because there were
so many for-profit day care centers in the City and it was an unfair
advantage to those centers to allow financing of this nature.
Ellison moved, Smith seconded the motion to deny the application on
the basis of the very poor financial report, and the other reasons
cited by the City Council including the requirement for the change
in the policy to allow land costs to be included and other
objections noted above. All members voted in favor.
PARK CLIFF 2ND ADDITION - STORM SEWER - PROJECT #506
Mayor Blomquist convened the public hearing regarding storm
extensions under Project #506 in Park Cliff 2nd Addition. The
public hearing had been continued from the July 21, 1987 meeting to
allow the staff members to pursue various alternates with the
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property owners. A neighborhood meeting was held on Tuesday, August
11, 1987 and cost estimates for the assessment rates were discussed
and reviewed in detail. Tom Colbert reviewed four alternates,
including the fourth alternate which had a total estimated cost of
$31,000.00 and cost per square foot of $0.075 for a total lot cost
of $673.91. The fourth alternate would incorporate the storm sewer
extension discussed in Alternate No. 1, but would increase the inlet
capacity at the low point on Parkridge Drive and increase the storm
sewer system to its outlet with the internal ponding area. Mr.
Colbert stated that the objective would be to meet the City's five-
year storm requirement with pond design for 100 year storm and inlet
at 10 year design. He noted that the existing pipe size appears to
be adequate but the number and size of the catch basins are not
adequate, according to present day standards.
Paul Hauge, the City Attorney, was asked to outline views
regarding the obligation of the City, the developer, and the
homeowners concerning the cost of necessary improvements. He stated
that generally a city is not a guarantor, that the improvements will
not be defective and that inspections by the City will not guarantee
that there will be no defects. The City requires development
agreements and safeguards to require completion. According to
engineering standards and based upon the information received from
the Public Works Department, it does not appear that the City would
be responsibile, noting that the plans for the project initially
prepared by the developer's engineer were not adequate according to
the Public Works Director.
There was considerable discussion concerning the possibility of
contribution by the developer. Al Mannino, 4689 Parkridge Drive,
appeared on behalf of 25 homeowners, objecting to the homeowners
being required to contribute to the project. He agreed that poor
planning had taken place and asked for recommendation concerning the
alternates from the City. Mr. Colbert recommended Alternate No. 4
but also recommended lowering of the pond under Alternate No. 3.
Mr. Mannino indicated that the neighboring owners favor eliminating
the erosion difficulties, that they want the flooding problem on
Parkridge Drive attended to, and will bear a proportionate share
based only on what the homeowners would have paid if there had been
proper engineering and construction work accomplished initially.
The level of the pond was indicated in the plans to be one and one-
half feet lower than the existing pond level. The consensus
generally was that the affected property owners be assessed equally,
according to Mr.' Mannino.
Another owner stated that he understood that Alternate No. 3 was
not necessary because he had a great deal of run-off at the present
time and he should not be required to pay any further costs towards
storm sewer improvements. Another owner recommended the developer
should bear all the costs and stated that there would be no value
added to his lot. Councilman Smith proposed assessing two-thirds of
the actual cost to the property owners with the City contributing
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August 18, 1987 00353
one-third of the cost and that the City then request the developer
to contribute up to two-thirds, which would reduce the homeowner's
share proportionately. He further recommended the assessments be
levied on a per-lot basis.
Mr. Mannino requested the City approach the developer and Mayor
Blomquist noted the importance of proceeding ahead because of the
erosion problems. Mr. Mannino stated that on behalf of the
homeowners, they would agree to the City proceeding with the
preparation of plans for Alternate No. 4. It was further noted that
the location of the catch basin may be in the wrong place and that
the water does not flow into the catch basin.
After extended discussion, Wachter moved, Egan seconded the
motion to close the public hearing, to approve Alternate No. 4 and
to authorize the preparation of plans and specifications with the
understanding that the City will pay one-third of the cost of the
improvements, that the homeowners will pay two-thirds of the costs
and that the City staff will proceed to negotiate with the developer
to contribute up to two-thirds of the total cost with any
contribution from the developer to reduce the homeowner's share
proportionately; further, that the assessments be levied on a per-
lot basis. All councilmembers voted yes.
WEDGEWOOD ADDITION - WILDERNESS RUN ROAD - ASSESSMENT
The staff recommended and Egan moved, Wachter seconded the
motion that the assessment hearing be continued for Wedgewood
Addition, regarding the Lexington South Associates agreement until
September 1, 1987 at 7:00 p.m. at the City Municipal Center. All
voted yes.
BRIAR OAKS OF APPLE VALLEY/EAGAN ROYALE - PROJECT #500
The Mayor then convened the public hearing concerning sanitary
sewer improvements for Briar Oaks of Apple Valley and Eagan Royale
Addition under Project #500. Tom Colbert introduced the project and
Mark Hanson explained the proposed improvements including the
projected costs and assessments. There were no appearances and
Councilman Wachter questioned where the road alignment would lie to
the north and stated it would likely be adjusted somewhat. Wachter
moved, Egan seconded the motion to close the public hearing, to
order in the project and authorize the preparation of plans and
specifications; and further to authorize the acquisition of
necessary easements by negotiation or condemnation, and also the
hiring of an appraiser for condemnation purposes. All members
voted affirmatively.
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DANIEL DRIVE - STREET IMPROVEMENTS - PROJECT #508
The next public hearing convened by Mayor Blomquist concerned
the proposed street improvements for Daniel Drive (County Road #30
to Curry Trail), including utility improvements under Project #508.
After explanation by Tom Colbert and review by Mark Hanson,
including costs, assessments and a general review of the project, it
was noted there were no appearances. There was discussion
concerning the transmission tower, and it was mentioned that the
distance from the tower would be about 15 feet from the closest guy
anchor. The access to Diffley would be skewered somewhat to avoid
the transmission tower.
Egan moved, Ellison seconded the motion to close the hearing, to
order in the project and authorize the preparation of the detailed
plans and specifications and the acquisition of the necessary
easements.- All members voted yes.
PATRICK ADDITION - PROJECT #509 - STREETS & UTILITIES
The next public hearing convened by the Mayor related to street
and utility improvements for the proposed Patrick Addition under
Eagan Project #509. Mark Parranto appeared on behalf of the
applicant and Mark Hanson reviewed the proposal for the improvements
located on the east side of Dodd Road. There were no objections and
Ellison moved, Egan seconded the motion to close the hearing, to
order in the project and authorize the preparation of detailed plans
and specifications. All voted in favor, except Smith who abstained.
WILDERNESS PONDS - TRUNK STORM SEWER - PROJECT #448 REVISED
The final assessment roll for Wilderness Ponds trunk storm sewer
under Project #448 Revised was submitted to the Council for public
hearing. Tom Colbert reviewed the proposed assessments and
recommended approval. There were no appearances and no objections.
Egan moved, Wachter seconded the motion to close the hearing, to
approve the final assessment roll for Project #448R and authorize
the certification to the Dakota County Auditor. All members voted
yea.
DEERWOOD DRIVE - PROJECT #455 - STREETS & UTILITIES
The public hearing regarding the final assessment roll for
Project #455 consisting of street and utility improvements for
Deerwood Drive came next to the City Council. Mr. Colbert described
the assessments and reviewed the original cost and the final cost of
the project. Elmer Heuer submitted a written objection covering
Parcel 010-77. He was present and objected to the 25% overhead and
other aspects of the assessment project. Mr. Colbert noted that the
newly implemented assessment policy 87-1 would provide for reduction
in the amount of the assessable area in agriculturally zoned
property.
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Todd Franz appeared and submitted an objection on his own behalf
and on behalf of his grandfather, Henry Franz. He stated that he
felt the serenity had been destroyed in the area, there was no
benefit to the property, and he has no intent to subdivide or sell.
It was suggested that the objections be submitted to the Assessment
Committee for review. Egan moved, Wachter seconded the motion to
close the hearing, to approve the assessment roll and authorize it
to be forwarded to Dakota County for collection, with the exception
of the three parcels, including Elmer Heuer, Todd Franz and Henry
Franz, and refer each to the Assessment Committee; further, to
authorize the preparation of appraisals for each of the three
parcels. All voted in favor. -
TOWERVIEW ROAD - PROJECT #469 - STREETS & UTILITIES
The final assessment roll for Towerview Road consisting of
street improvements under Project #469 came to the City Council in
the form of a public hearing. Mr. Colbert reviewed the proposed
assessments and Rosemary Lunka appeared with a letter expressing
concerns about the legal description of her property. Mr. Colbert
stated the assessment will be levied against the proper parcel and
recommended adoption of the entire roll. Egan moved, Smith seconded
the motion to close the hearing, noting there were no objections, to
approve the assessment roll and to authorize certification to Dakota
County. All members voted affirmatively.
CLEARVIEW ADDITION - PROJECT #472 - BEECHER DRIVE - STREETS
The public hearing regarding the assessment roll for Project
#472 consisting of street improvements for Clearview Addition-
Beecher Drive was next heard by the City Council. After review of
the proposed assessments by Public Works Director Colbert, noting
the residential equivalent assessment was used to determine benefit
and the fact that there were no objections or appearances, Wachter
moved, Smith seconded the motion to close the assessment hearing, to
approve the assessment roll as presented and authorize the roll to
be forwarded to Dakota County for collection. All voted yes.
EAGANDALE LEMAY LAKE 2ND ADDITION - PROJECT #474
ASSESSMENT HEARING
The assessment roll regarding street and utility improvements
under Project #474 for Eagandale LeMay Lake 2nd Addition was brought
to the Council and the public hearing was convened concerning the
roll. Mr. Colbert explained the roll to the City Council and the
public and there were no objections or appearances. Egan moved,
Wachter seconded the motion to close the public hearing, to approve
the assessment roll for Project #474 and authorize the assessments
to be certified to Dakota County. All voted in favor.
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HIGHVIEW AVENUE - STREET IMPROVEMENTS - PROJECT #476
ASSESSMENT HEARING
The assessment roll regarding Highview Avenue street
improvements under Project #476 was presented to the Council and the
Mayor convened the public hearing regarding the proposed
assessments. After review by the Public Works Director, there being
no objections, Smith moved, Ellison seconded the motion to close the
hearing, to approve the roll as presented for Project #476 and
authorize the City Clerk to certify the roll to the Dakota County
Auditor's office. All voted aye. _
ST. FRANCIS WOODS 1ST ADDITION - UTILITY EASEMENT VACATION
Mayor Blomquist convened the public hearing regarding the
vacation of a portion of a utility easement for Lot 1, Block 1, St.
Francis Woods lst Addition. At the July 7, 1987 City Council
meeting, the Council approved a variance to allow an encroachment
into the 5 foot setback area necessitating the need for vacating an
easement for Lot 1, Block 1, St. Francis Woods 1st Addition. The
vacation of the easement was described by Tom Colbert, noting that
the request had been made by the property owner. No objections were
received. Ellison moved, Wachter seconded the motion to close the
public hearing and authorize the vacation of a portion of the
drainage and utility easement as described. All members voted yes.
LeMAY LAKE HILLS TOWNHOMES ADDITION - UTILITY EASEMENT VACATION
The next hearing convened by the Mayor concerned the vacation of
utility easements for Lot 1, Block 1, LeMay Lake Hills Townhomes
Addition. After the final platting of the subdivision, the
developer changed the location of the buildings and related
utilities and replatted it as LeMay Lake Hills Townhomes Addition as
a conversion from rental to an owner-occupied development. The
properly dedicated utility easements incorporate those utilities
necessary to service the existing development. Mr. Colbert noted
the development does not conform with City ordinance pertaining to
the installation of concrete curbing. There was an ambiguity in the
specifications submitted, according to Mr. Colbert and the developer
has argued a defacto waiver was granted. After review of the
issues, Smith moved, Egan seconded the motion to continue the public
hearing based upon the above described information, to the October
6, 1987 regular City Council meeting at 7:00 p.m. All
councilmembers voted in favor.
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WILLIAMS & LaRUE ADDITION - PROJECT #450
The public hearing regarding the assessment roll for Project
#450 covering Williams & LaRue Addition was convened by Mayor Bea
Blomquist. The Public Works Director reviewed the roll and Kelmer
Bratland, an affected neighboring property owner, appeared. He
asked if sanitary sewer was being assessed against his property and
the answer was no. He questioned why his property is being assessed
for storm sewer and submitted a written objection to the assessment
roll. Egan moved, Wachter seconded the motion to close the public
hearing, to delete the Bratland property from the roll and to
authorize the hiring of an appraiser to determine benefit for the
Bratland property, and further, that the portion of the roll
regarding the Bratland parcel be referred to the Eagan Assessment
Committee for review and recommendation. All members voted
affirmatively.
WYNDHAM CORPORATE CENTER ADDITION - PROJECT #464
ASSESSMENT HEARING
The hearing regarding the proposed assessments for Wyndham
Corporate Center Addition under City Improvement Project #464 was
next brought to order. Mr. Colbert introduced the roll and
recommended approval. There were no objections and Smith moved,
Ellison seconded the motion to close the hearing, to approve the
roll as presented and authorize its certification to Dakota County
for collection. All voted yes.
KNOB HILL OF EAGAN HOMEOWNER'S ASSOCIATION - PRESENTATION
City Administrator Tom Hedges indicated that correspondence has
been received from representatives of the Knob Hill of Eagan
Homeowner's Association regarding a variety of issues pertinent to
the Knob Hill townhome development located north of Diffley Road at
Knob Lane and Knob Circle. A meeting was held between Mayor
Blomquist and members of staff and representatives of the
Association to discuss specific concerns on August 6, 1987. Since
that meeting, the City staff has reviewed a list of concerns,
including landscaping, parking spaces, painting and common area
repairs. Certain of the items were part of approved plans at the
time of the project's final plat, others are Uniform Building Code
issues and others are of quality of construction, over which the
City may have no control. Ed and Bart Dunn, the developers, have
indicated a willingness to submit all of the issues to an
appropriate outside agency for binding arbitration.
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A detailed report from Administrative Assistant Jon Hohenstein
dated August 13, 1987 was included in the Council packet and aspects
of it were discussed by Councilmembers. The Mayor reviewed the
landscaping, indicating that additional landscaping could be
required and parking could be improved. Karen Ganter, President of
the Homeowner's Association, appeared and requested direction from
the City Council. Mr. Colbert recommended inspection and then
contact be made with the owners but it was noted that assessment of
improvements if completed by the City, could not be made for private
improvements.
The City Attorney was asked questions concerning the assessments
and improvements and it was recommended that the matter be continued
for 30 days. Egan proposed to attempt to enforce compliance with
the parking provisions based upon the original plan submitted to the
City. Egan moved, Blomquist seconded the motion to continue the
consideration until the September 15, 1987 regular City Council
meeting with the understanding that the Homeowner's Association and
the developer will submit to binding arbitration and if the
arbitration is, not effective, that the City Council will then
consider alternates concerning the complaints. All members voted
positively.
BOULDER RIDGE - SITE PLAN REVIEW
The site plan review for Boulder Ridge Addition and revision to
the preliminary plat, came next to the City Council. Mr. Hedges
indicated that New Horizon Homes has taken over the project from New
American Homes, which originally received the preliminary plat and
Steve Benke of Griswold & Associates, appeared together with other
representatives of the developer. He noted that the final drawings
of the New American Homes were used but that lot lines were
justified and two units were inserted in the area where the trees
were originally to be removed. The proposal was for 72 units,
including one additional unit more than originally planned. He
described the elevations, which are more diverse, and the prices
would be in the range of $80,000.00 to $90,000.00. New Horizon is
pursuing the purchase of the Dolan parcel to the west and would be
developed as an additional phase with comparable units. Further, he
indicated that the developer was agreeable with all conditions to be
imposed by the City and the location of the connecting street to the
west may depend upon a proposed Dorchester access location on the
west side of Thomas Lake Road. There were no objections and no
variances required. Smith moved, Egan seconded the motion to
approve the revised Boulder Ridge Addition site plan as proposed,
subject to the following conditions:
1. All private streets and public utilities necessary to
service this development shall be constructed in accordance with
plans and specifications approved by the Engineering Division and in
accordance with City standards, policies and codes.
13
Council Minutes
August 18, 1987 : 00359
2. All surface water drainage from this development shall be
intercepted and discharged directly into the existing trunk storm
sewer facility.
3. A final detailed grading, drainage and erosion control plan
shall be approved by the Engineering Division prior to final plat
approval.
4. All required retaining walls shall be constructed in
accordance with City standards and Codes.
5. All internal streets shall have a minimum width of 28 feet
and a minimum cul-de-sac radius of 40 feet. -
6. No structural building shall be located closer than 25 feet
to the centerline of the existing trunk sanitary sewer or storm
sewer facilities.
7. This development shall acquire or dedicate all necessary
utility easements, public rights-of-way and temporary slope ponding
easements as required by the City or the County.
8. This development shall be responsible for the acquisition of
all required regulatory agency permits in accordance with their
stipulated time frames.
9. This development shall be responsible for the upgrading of
trunk related assessments associated with the rezoning and any
additional trunk areas, lateral benefit or front footage assessments
previously not levied and/or associated with the future upgrading of
County Road. 30.
10. This development shall extend a sanitary sewer lateral to
the west property line for future extension and service to the
undeveloped property to the west.
11. This development shall be subject to all conditions and
restrictions of Dakota County regarding its proposed street access
and platting adjacent to County right-of-way.
12. A ponding easement shall be dedicated incorporating the
887.0 elevation around Heine Pond.
13. The required conservation easement for the side hill on the
west side of Heine Pond shall be properly conveyed and recorded
simultaneously with the final plat.
14. All standard plat conditions shall be adhered to.
15. A 10 foot setback variance to 20 feet shall be granted for
Unit 60.
14
Council Minutes
August 18, 1987 00360
16. A copy of the homeowners association's by-laws shall be
reviewed by the City Attorney.
17. The park land dedication shall be fulfilled in accordance
with the PD Agreement and the Advisory Park and Recreation
Commission recommendations.
18. A financial guarantee for the landscaping shall not be
released until one year following the installation date.
All members voted affirmatively.
DEER HUNT - DNR PROPOSAL - FORT SNELLING STATE PARK
At the regular City Council meeting on August 4, 1987, the
Council discussed the issue of the 1987 deer hunt proposed by the
Minnesota DNR in the Fort Snelling State Park and Minnesota Valley
National Wild Life Refuge. Tom Hedges introduced a representative
from the DNR who answered questions of the City Council regarding
the restrictions, timing and the general area involved. Smith
moved, Wachter seconded the motion to approve the DNR proposal for
hunting season and sharp shooting to reduce the deer population in
Fort Snelling State Park and Minnesota Valley National Wild Life
Refuge. All voted yes except Blomquist who voted against.
ROCKY ROCOCO - WINE & BEER LICENSE
The application of Rocky Rococo Restaurant owners for a wine and
beer license for the restaurant located at the Nicols and Cliff
intersection in Flour Bin 1st Addition was first brought to the
Council. The permit was previously granted on April 7, 1987 to
include on-sale beer license and it was recommended that an
amendment be allowed to include wine sales also. There were no
objections and Egan moved, Ellison seconded the motion to approve
the request. All voted in favor.
COMPRI HOTEL - ON-SALE LIQUOR LICENSE
The application of the developers of Compri Hotel for on-sale
liquor license at its hotel on Pilot Knob Road near #494 was brought
to the Council for its consideration. Jackie Johnson, the manager
of the Compri Hotel was present and answered questions from the City
Council members. Egan moved, Smith seconded the motion to approve
the application, to be located at 2700 Pilot Knob Road, subject to
compliance with all City requirements. All voted affirmatively.
15
Council Minutes
August 18, 1987 00361
NORTHWESTERN BELL - SPECIAL PERMIT FOR FIBER OPTIC &
PHONE SERVICE FACILITY - LONE OAK PARKWAY & NORTHWEST PARKWAY
An application was submitted by Northwestern Bell Telephone
Company for the installation of a facility to provide phone service
and fiber optic facilities for Northwest Airlines on Lone Oak
Parkway, east of Highway #49 in the Northwest Airlines complex.
Dale Runkle reviewed the application and indicated the 2,150 square
foot facility would be located on a 12,800 square foot lot within
the Laukka Beck planned development. The exterior would match the
Northwest Airlines building, according to a representative of the
applicant that was present. Rick Berger of Laukka Development asked
about the setback which it was noted would be-70 feet. There were
no objections and Wachter moved, Egan seconded the motion to approve
the application, subject to compliance with Eagan Code requirements.
All voted aye.
RAHN RIDGE ADDITION - WAIVER OF PLAT
The application of B. H. Grace for waiver of plat for duplex lot
on Lot 2, Block 4, Rahn Ridge Addition came to the Council.
According to Mr. Runkle, it is a standard application and there were
no objections. Smith moved, Ellison seconded the motion to approve
the application. All voted yes.
R87-58
HARVEY'S HERITAGE ADDITION - REZONING & PRELIMINARY PLAT
The application of Mary Braun for preliminary plat approval and
rezoning from A (Agricultural) to R-1 for Harvey's Heritage Addition
was brought to the Council for review. The plat will consist of
five single family lots, according to Mr. Runkle, along the
southwest portion of Fish Lake, east of Pilot Knob Road. The
Advisory Planning Commission recommended approval at its last
regular meeting, subject to certain conditions. A representative of
the applicant was present and there were no objections. Wachter
moved, Egan seconded the motion to approve the application to
rezone. All voted yes.
Egan then moved, Ellison seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. The grading plan shall be modified to adhere to the maximum
allowable 3 to 1 slope criteria, although retaining walls will be
considered.
2. Drainage on the westerly end of the development shall be
directed to Braun Court while the easterly end shall be directed to
the existing system in Drexel Court.
16
Council Minutes
August 18, 1987 00362
3. The development shall be responsible for providing a 25 foot
half right-of-way for Braun Court along with a 50 foot radius for
the proposed cul-de-sac.
4. The development shall dedicate the necessary 20 foot wide
easement for the storm sewer extension from Braun Court.
5. This development shall accept its additional assessment
obligations as defined in the staff's report and those assessments
identified in City Project No. 487 in accordance with the final plat
dimensions and the rates in effect at the time of final plat
approval.
6. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
7. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
8. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
9. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
10. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
11. This development shall insure that all temporary dead-end
public streets shall have a cul-de-sac constructed in accordance
with City engineering standards.
12. The plat design shall not landlock any parcels adjacent to
Braun Court.
13. All internal public and private streets shall be
constructed within the required right-of-way in accordance with City
design standards.
14. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
17
Council Minutes
August 18, 1987
00363
15. This development shall fulfill its parks dedication
requirements including the recommendations of the Advisory Parks and
Recreation Commission for a cash dedication for the newly created
lots and a scenic and protective easement to be placed on the
property adjacent to the shoreline to protect plant material during
the future construction.
16. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
17. All standard platting conditions shall be adhered to.
18. A variance to allow the existing detached garage 10 feet
from the front property line shall be permitted.
All councilmembers voted in favor.
SEE PLAT FILE
WINKLER JACKSON PD - EXTENSION
An application was submitted by Winkler Development Company for
an extension of its five-year planned development for Winkler
Jackson PD. The APC recommended a 3 year extension. Mr. Runkle
stated that there had been no planned development review in 1986 and
the developer now asked for a five year extension. Greg Soule,
attorney for the owner, was present and requested the Council
approve the five-year extension. Egan moved, Ellison seconded the
motion to grant the request for five year extension, noting that the
original five years lapsed early in July with a July Planning
Commission recommendation for extension, provided that the five-year
extension would commence at the date of the expiration in July of
1987, and with the further understanding that updated exhibits would
be submitted by the applicant as requested by the staff; and
further, subject to the following:
1. The Planned Development Agreement shall be amended to
reflect the reduced densities actually platted.
All voted yes.
OAK CLIFF POND 2ND ADDITION - PRELIMINARY PLAT
The application of the Brutger Companies for preliminary plat
approval consisting of 33 detached townhouses on 12.78 acres within
the Winkler Jackson PD consisting of Oak Cliff Pond 2nd Addition,
came to the Council for its review. The 33 owner-occupied detached
townhouse units on Outlot B in Winkler Jackson Planned Development
was described by Mr. Runkle. He noticed the overall density has
been reduced from 135 to 75 townhouse units. A representative of
Brutger Companies was present and noted that two lots would be
developed at a later time. The time table would include one year
for Phase One, and two years total. The values would be about
18
Council Minutes
August 18, 1987 00364
$125,000.00 to $130,000.00 plus additions. There were no
objections. Egan moved, Wachter seconded the motion to approve the
application, subject to these conditions:
1. All standard platting conditions shall be adhered to.
2. This plat shall be reviewed by the Advisory Parks and
Recreation Commission for its dedication requirements.
3. A copy of the Homeowners Association that governs both Oak
Cliff Pond Additions shall be reviewed by the City Attorney prior to
final plat approval.
4. All exterior building maintenance shall be the
responsibility of the Homeowners Association.
5. The Building Inspections Department will require a minimum
of 10 feet between buildings.
6. The exterior colors shall be compatible with the 1st
Addition.
7. 25 foot minimum building setbacks along the private street
will be required and 20 foot minimum in the cul-de-sac.
8. Fencing along the 50 foot buffer area on the
Eagan/Burnsville border will be required during the construction
process until those units closest to that line are finished.
9. The development shall be responsible for constructing the
proposed internal private street system in accordance with City of
Eagan design standards. Variance for a cul-de-sac will be approved
as described.
10. The development shall be responsible for dedicating the
appropriate water main, sanitary sewer and storm sewer easements.
11. A revised grading plan shall be submitted to staff taking
into consideration the concerns outlined in the staff report
concerning the northerly end of Pond AP-10 and the impact the
grading has on the ponding area.
12. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
13. All public utilities necessary to provide service to this
development shall be designed by a registered professional engineer
in accordance with City Codes and engineering standards and policies
and approved by staff prior to final plat approval.
19
Council Minutes
August 18, 1987
14. A detailed grading, drainage, erosion and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
15. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
16. The development shall be responsible for providing storm
sewer service to the northerly adjacent properties.
17. The development shall be responsible for providing utility
easements (water and sanitary sewer service) in accordance with
staff recommendations to adequately serve the northerly adjacent
property.
All voted affirmatively.
SEE PLAT FILE
CUTTER'S RIDGE ADDITION - REZONING & PRELIMINARY PLAT
The application of Graham Development for rezoning and
preliminary plat for Cutter's Ridge Addition, was brought to the
Council. The application, according to Mr. Runkle provided for
rezoning of 17.02 acres and preliminary plat for Cutter's Ridge
Addition. The plat would consist of 37 lots, west of Pilot Knob
Road and north of Deerwood Drive, and is in conformance with the
1987 Land Use Plan designating the area as D-II, Mixed Residential
(0-6 units per acre). The Advisory Planning Commission recommended
approval, subject to conditions. A neighborhood meeting had been
held on August 12, 1987, according to Mike Gair, the planner for the
applicant. An important issue was the alignment of the road and
access to the north.
Mr. Gair stated that three owners were present at the neighborhood meeting and had concerns also with the drainage on the
Berkholtz property. The applicant assured the surrounding owners
that access from Pilot Knob Road will provide for access to the
Berkholtz property and the surface water drainage also will be
accommodated by the development.
Mr. Horne was concerned about the access to the north, and also
to two remnant parcels to the west. The access to the remnant
parcels would be provided by a boundary line, north/south street
along the west boundary of the proposed development. The cost of
the easement would be borne by Graham Development, according to Mr.
Gair. Outlot B at the northeast corner could be included with the
Horne property and Outlot A would be subdivided at the time of the
subdivision of the parcel to the south.
20
Council Minutes
August 18, 1987 001 366
Paul Weingarten, attorney for Ms. Berkholtz, was concerned about
the drainage and'asked that all necessary easements be obtained for
drainage. He stated that Mr. Berkholtz was negotiating the sale of
the access easement toward Pilot Knob Road and also asked that all
assessments be borne by the developer.
Jim Horne was present and stated that he intended to develop his
property to the north as R-1. He indicated that Cutter's Ridge
provides for substantial grading and further, that access to Pilot
Knob Road does not fit well with the Horne proposal. The intent is
to line up the access road to Cutter's Ridge with Rocky Lane to the
east. John Klein appeared on behalf of Floyd and Victoria Bryant,
an owner of the 10 acres to the south, and indicated that there are
no objections to the plat, but that they didn't want the proposed
Bryant property plan to be approved by the Council at the present
time.
There was no further discussion, and Wachter moved, Egan
seconded the motion to approve the application for rezoning. All
voted yes.
Egan moved, Ellison seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. The road alignment on the west shall be provided as
specified along the westerly property line.
2. All standard platting conditions shall be adhered to.
3. This plat shall be subject to the Advisory Parks &
Recreation Commission recommendations and approved by City Council.
4. The development shall be responsible for incorporating the'',,'
future design of Pilot Knob Road into the proposed grading plan.
5. The development shall be responsible for bearing the costs
of easement acquisitions necessary for trunk sewer facilities to
serve this development.
6. The development shall be responsible for revising the
proposed storm sewer plan in accordance with the recommendations in
the staff report.
7. Installation of trunk sanitary sewer and trunk storm sewer
to serve this site installed under a public improvement must be
approved by Council action prior to final plat approval.
8. The development shall be responsible for providing a 12 inch
water main along street "A" from Pilot Knob to street "B", along
street "B" to street "C" and then south to the southerly boundary of
the proposed site.
21
Council Minutes
August 18, 1987 367
9. The development shall be responsible for constructing
temporary cul-de-sacs at the northerly and southerly ends of street
"C" and at the westerly end of street "A".
10. The lots which are directly affected by the temporary cul-
de-sacs being constructed as a condition of this development shall
be platted as outlots until such time when the temporary cul-de-sacs
are removed and the streets are extended.
11. Staff recommends that street "B" be extended to the
westerly boundary of the plat.
12. The development shall be responsible for dedicating a 60
foot half right-of-way for Pilot Knob Road and dedicating the
necessary construction easements required for the upgrading of
Pilot Knob Road.
13. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
14. A detailed grading, drainage, erosion and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
15. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City Codes and engineering
standards and policies and approved by staff prior to final plat
approval.
16. This development shall accept its additional assessment
obligations as defined in the staff report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
17. Access to the Berkholtz property shall be maintained at all
times.
All members voted yes. SEE PLAT FILE
CUTTER'S RIDGE - PROJECT #512 - UTILITIES
A Petition was received for the installation of utilities in the
Cutter's Ridge Addition. Upon motion by Egan, seconded Wachter, it
was resolved that the Petition be received and that the consulting
engineer be authorized to prepare a feasibility report. All voted
in favor.
22
Council Minutes
August 18, 1987 ( ( -t4l68
STONEY POINT ADDITION - REZONING & PRELIMINARY PLAT
The application of Meritor Development Company to rezone 31.4
acres from A (Agricultural) to R-1 (Single Family) and preliminary
plat for Stoney Point Addition, containing 78 lots located east of
Blackhawk Glen Addition and west of I-35E. The plan designates the
area as Residential D-II (0-6 units per acre). The proposal is for
78 lots, according to Mr. Runkle, from 9,375 square feet to 49,300
square feet, averaging 13,900 square feet. 42 lots would be under
the 85 foot minimum width and 40 lots under the 12,000 square foot
minimum, with 19 lots under 85 foot width and 12,000 square feet.
The Advisory Planning Commission recommended approval, subject to
conditions and the Parks Commission recommended cash dedication and
a trailway to be constructed by the developer.
Larry Frank of Meritor was present and stated this parcel is not
a part of Blackhawk PUD. Meritor intends to reduce the density
based upon the allowed density. He noted that the property is below
the freeway level, with one builder proposed, including cedar sided
homes.
He explained that there are apartments to the north, freeway to
the east and there were no objections by neighboring property
owners. The price range would be $80,000.00 to $100,000.00 per unit
and very expensive assessments have already been levied against this
property.
Councilman Egan suggested considering minimum of 10,000 square
foot lots noting approximately 5 are proposed under 10,000 square
feet. Sienna Corporation recommended approval, being the owner of
the adjacent land.
Ellison moved, Wachter seconded the motion to approve the
rezoning from Agricultural to Single Family. All members voted in
favor.
Egan then moved, Smith seconded the motion to approve the
application for preliminary plat, with the following conditions:
1. 78 lots will be allowed with the understanding that each
contain a minimum of 10,000 square feet in size.
2. All standard platting conditions shall be adhered to.
3. No direct lot access onto Blackhawk Hills Road/Federal Drive
shall be permitted.
4. One street tree per unit shall be installed within the front
property line prior to building occupancy. A list of permitted
species shall be submitted for staff approval prior to final plat
approval.
23
Council Minutes
August 18, 1987 ~p 9
5. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of the
final plat approval.
6. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
7. This development shall dedicate adequate drainage and
ponding easements to incorporate the high water line for Pond JP-5
in accordance with the City of Eagan Comprehensive Storm Water Plan.
8. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City Codes and engineering
standards and policies and approved by staff prior to final plat
approval.
9. This development shall be responsible for relocation of the
existing sanitary sewer line which runs basically through the middle
of the site to accommodate the proposed roadway and lot
configuration.
10. All internal public and private streets shall be
constructed within the required right-of-way with City design
standards.
11. This development shall be responsible for providing
adequate easements for the storm sewer outlets into Pond JP-5 and
the realignment of the existing sanitary sewer.
12. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the,.
affected agency.
13. The development shall be responsible for construction of a
temporary cul-de-sac in the northwesterly corner of the site, or
construct a complete through-street.
14. The development shall be responsible for constructing the
required outlet for Pond JP-5 as a condition of this development.
15. The development shall be responsible for extending the 30
foot trunk water main which exists at the northwesterly corner of
this site along the north line of the development to a point where
the northerly street intersects the north line of the development.
16. This development shall be responsible for extension of the
water main in Federal Drive serving the northeasterly cul-de-sac to
the north line of this development.
24
Council Minutes 003,70
August 18, 1987
17. This development shall be responsible for removing the
existing 44 foot wide street opening at the northeasterly corner of
the site.
18. The development shall be responsible for extending the
existing sidewalk located on the east side of Federal Drive at the
north line along this development's east and south sides abutting
Federal Drive and Blackhawk Hills Road.
19. This plat shall be subject to the recommendations of the
Advisory Parks and Recreation Commission and approved by City
Council.
20. No setback variances will be allowed except to save trees
along the westerly side of the proposal.
All councilmembers voted yes except Ellison who voted against.
SEE PLAT FILE
BBD 2ND ADDITION - PRELIMINARY PLAT, CODE AMENDMENT
AND CONDITIONAL USE PERMIT
The application of William Henning for preliminary plat
consisting of two lots for Neighborhood Business Use and Code
amendment to allow a day care facility in an N.B. District, and a
conditional use permit for a car wash in the BBD Addition at the
northeast intersection of Coachman Road and Yankee Doodle Road was
brought to the Council for its attention. The Advisory Planning
Commission held its public hearing on July 28, 1987 and recommended
denial of the application. Mr. Hedges opened the discussion and
Dale Runkle explained the application in some detail. He noted the
two buildings being proposed and stated that a car wash application
had been denied across Coachman Road.
Irv Kilstofte, the architect, described the application,
including the landscaping to separate the day care facility,
Especially For Children, which will locate in the building and in
addition, an office building will be adjacent. A service road will
be provided along Coachman Road. He introduced Linda Hergott, the
leasing agent, who stated that all facilities have one color, common
management and maintenance. Councilman Egan noted that a number of
proposals have been submitted through the years for the property,
and that the car wash is in a better location than the application
previously denied, on the west side of Coachman Road. A rock face
block exterior will be provided on all buildings which will create
uniformity and a full-time attendant will be provided for the self-
car wash, together with the lubrication shop.
Ron Steinmetz, the owner of the Speedy Lube and Exhaust, was
present and favored the proposal.
25
Council Minutes
August 18, 1987
00371
Councilman Ellison stated that the project makes sense with the
other car care services and with the buffer provided. Ellison
moved, Egan seconded the motion to approve the application for
preliminary plat, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. Both buildings shall be constructed of the same material, on
all four sides, as the existing building.
3. No rooftop mechanical equipment shall be visible.
4. Employee parking shall be designated on the east side of the
office building.
5. The parking stalls on the south side of the building shall
line up with each other.
6. All signage shall be subject to the one-time sign fee of
$2.50 per square foot and signage over 7 feet tall will be subject
to separate conditional use permits.
7. The landscape plan financial guarantee shall not be released
until one year after the installation date.
8. The car wash shall operate between the hours of 7:00 a.m. to
10:30 p.m. only.
9. All trash shall be contained within the buildings.
10. The storm sewer as proposed will be revised to reflect the
addition of two catch basins as outlined in the staff report.
11. An erosion and sediment control plan acceptable to staff
shall be required prior to building permit or grading permit
issuance.
12. The proposed sanitary sewer service taps into the existing
sanitary manhole shall not be allowed. New connections directly
into the sanitary sewer main will be required.
13. The development shall be responsible for extending an 8
inch water main along the westerly side of Lot 1 then easterly along
the common lot lines between Lot 1 and Lot 2 to the easterly
property line of the proposed development.
14. The proposed access to Lots 1 and 2 of the proposed
development shall be lined up with the westerly adjacent private
drive.
15. The development shall be responsible for constructing
concrete valley gutters across the two driveway entrance locations.
26
Council Minutes
August 18, 1987
16. The development shall be responsible for providing a 20
foot easement for the proposed 8 inch water main extension across
the site.
17. The development shall also be responsible for providing
additional easement for the existing sanitary sewer along the
easterly side of Coachman Road. The width of the required sani-
tary sewer easement will be determined from the actual location
of the sanitary sewer.
18. The development shall be responsible for the acquisition
of all regulatory agency permits in a time frame required by the
affected agency.
19. The development shall accept its additional assessment
obligations as defined in the staff report in accordance with
final plat dimensions and rates in effect at the time of final
plat approval.
20. The development shall dedicate a 10' drainage and
utility easements centered over all common lot lines and adjacent
to private property or public right-of-way.
21. All utilities necessary to provide service to this
development shall be designed by a registered professional
engineer in accordance with City Codes and engineering standards
and policies and approved by staff prior to final plat approval.
22. This plat shall be subject to the recommendations of
the Advisory Parks and Recreation Commission and approved by the
City Council.
All councilmembers voted yes.
Egan moved, Ellison seconded the motion to approve the
application for a car wash, noting that the two other related
auto service facilities in the development ends of the location
are away from the main travelled road. All members voted in
favor.
Egan then moved, Ellison seconded the motion to approve
the application for conditional use permit for the day care,
subject to compliance with all City requirements. All voted
in favor.
SEE PLAT FILE
27.1
Council Minutes
August 18, 1987
MANOR LAKE ADDITION - REZONING & PRELIMINARY PLAT
The application of Middlemist Properties for rezoning of 43.12
acres from A (Agricultural) to R-1 and preliminary plat approval for
Manor Lake Addition consisting of 64 single family lots, came to the
City Council. The Advisory Planning Commission at its meeting on
June 23, 1987 recommended approval, subject to a number of
conditions. The City Council considered the application at its July
21, 1987 meeting and continued the consideration until the Advisory
Parks and Recreation consideration. The Parks Commission reviewed
the issue at its August 6, 1987 meeting and recommended the
develop~ar provide park land dedication of approximately 2.6 acres at
the time of the final plat, that a trailway be provided and
additional conditions outlined in the Park Department's staff
report. Roger Weierke of 630 Cliff Road appeared and inquired about
the 16 foot access and Mr. Middlemist stated that he owned the 16
feet outright and that it was not an easement. Mr. Weierke had
concerns about the potential damage caused to his property by
installing the utility lines on the 16 foot parcel. Mr. Middlemist
requested the Council approve the single lot on the west for
construction and indicated the sewer and water will be installed
within the 16 foot strip. Mardell Peterson, the fee owner, was
present and requested approval. 72 lots will be provided.
Egan moved, Ellison seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. All standard platting conditions shall be adhered to.
2. The Advisory Parks and Recreation Commission shall review
this plat for the land dedication requirements.
27.2
Council Minutes
August 18, 1987
003 ; 3
3. The Council shall authorize the installation of the trunk
sanitary sewer, trunk water main, and trunk storm sewer facilities
through this development prior to final plat approval. This
development shall be required to dedicate the required drainage and
ponding easements for Pond LP-28 to incorporate the 916.0 elevation.
4. The development shall dedicate the additional drainage and
utility easements as required by the alignment and depth of any
public utility located outside of public right-of-way.
5. This development shall be responsible for all pending and
future assessments associated with the development of this
subdivision relating to trunk area water, trunk area storm sewer,
and future Cliff Road Street and trail improvements.
6. The proposed Lot 17, Block 5, and the two lots in the most
southwesterly portion shall remain as Outlots.
7. The developer shall save as many trees as possible.
8. Developer shall provide a parkland dedication of
approximately 2.6 acres at the final plat.
9. Final dedication of approximately an additional .5 acres
(Outlot B) would be made with the 4th Phase, upon determination of
the access to the Holtz parcel from the west, or the extension of
the street through the park to a proposed cul-de-sac.
10. A future parkland dedication shall be made subject to the
developer platting the Holtz parcel.
11. Erosion control measures shall be strictly adhered to.
12. A trailway on Cliff Road shall be provided.
13. The developer shall be responsible for grading and seeding
the park consistent with the City's standards within the 1st Phase
of development.
14. The road alignment shall be modified to the east of the
park, resulting in an increase acreage to the park parcel.
All councilmembers voted yes.
A Petition was submitted for a feasibility report for Project
#520 consisting of Manor Lake Addition improvements. Egan moved,
%i Blomquist seconded the motion to receive the Petition and authorize
~•73 the preparation of the feasibility report. All voted in favor with
respect to Project #520.
t QA SEE PLAT FILE
7~• V_1
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Council Minutes
August 18, 1987
00374
CEDAR GROVE 4TH ADDITION - JACQUELINE INGLE - VARIANCE
The application of Jacqueline Ingle to allow a 6 foot front yard
setback variance, providing for a 24 foot setback to allow a front
porch along the property line at 2082 Quartz Lane, consisting of Lot
23, Block 5, Cedar Grove 4th Addition, was submitted to the Council.
The applicant was present and there were no objections. Wachter
moved, Smith seconded the motion to approve the application as
requested. All voted in favor.
SAFARI 3RD ADDITION - VARIANCE
The application of McDonnell Construction for variance to allow
a 5 foot side yard setback to include a 25 foot setback for side
property line on the corner lot at 1985 Safari Trail, consisting of
Lot 2, Block 1, Safari 3rd Addition was. next considered by the
Council. The applicant was present and Mr. Runkle detailed the
application. It was noted there is a 20 foot side yard easement
along the east line, therefore creating a hardship. There were no
objections, and Smith moved, Egan seconded the motion to approve the
application, subject to compliance with all City requirements. All
voted positively.
TOWN CENTRE 100 1ST ADDITION - TEMPORARY ADVERTISING SIGN
SPECIAL PERMIT
An application of Federal Land Company to allow an on-site
temporary advertising sign in front of the Waterview Office Tower on
Lot 1, Block 1, Town Centre 100 Addition came to the Council. As an
on-site sign, the request is not required to meet the recently
amended standards for off-site temporary sign. The sign would be 8
feet in width and 17 feet in height along Yankee Doodle Road. Matt .
Reiger of Federal Land Company was present and stated that the
majority of the building is now leased so they expect three to six
month duration for the sign. Smith moved, Egan seconded the motion
to approve the application up to July 1, 1988. All voted in favor.
TOM THUMB VS. CITY OF EAGAN
City Attorney Paul Hauge stated that a motion has been made by
Tom Thumb to amend the Findings and the Conclusions of District
Court Judge Gerald Kalina to direct the City Council to allow the
permits for gas pumps at the Yankee Square and Cedar Cliff shopping
centers. A counter-motion is being made by the City. Dale Runkle
indicated that requests had been made by other developers in the
area for gas pumps without service bays. No specific action was
taken.
29
Council Minutes
August 18, 1987 00375
SENECA WASTE TREATMENT PLANT
Tom Colbert reported that the Metropolitan Waste Control
Commission is proposing to expand the Seneca Waste Treatment Plant
on the north side of Eagan with a $32,000,000.00 expansion to
commence within two years. The project would increase the
treatment from 24 million to 34 million gallons per day and 17 acres
would be added southwest of the site. The maximum capacity would be
reached in approximately 1992 to 1993.
RALPH CAMPBELL - JOINT CABLE COMMISSIONER - RESIGNATION
Tom Hedges reported that he has just received a letter of
resignation from Ralph Campbell, the Commissioner for the Joint
Burnsville/Eagan Cable Commission, on August 18, 1987, effective in
two weeks.- No action was taken.
GOOD VALUE HOMES VS. CITY OF EAGAN
Paul Hauge, City Attorney, reported on the decision of the
Minnesota Appeals Court denying the appeal of the City in the Good
Value Homes vs. City of Eagan case. He indicated that the appeal
time is currently running and asked whether the City Council wished
to petition the Supreme Court for review, or to allow the applicant
to appear before the City Council for approval of the plat, as
directed by the Appellate Court. The Council members requested that
the Planning Department submit its report to the City Council at its
next regular meeting for consideration, including the recommended
conditions to the plat.
CHECKLIST
Upon motion by Egan, seconded Wachter, it was resolved that the
Checklist dated g et 1 g0 1 987 in the amount of $ftgg 47 be
approved. All voted in favor. & July 31,1987 in the amount of
$693,725.68.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:40 p.m. All members voted yes.
PHH
erk
c1t
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