Loading...
09/15/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 15, 1987 A regular meeting of the Eagan City Council was held on Tuesday, September 15, 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 Engineer Robert Rosene, and City Attorney Paul Hauge were present. AGENDA Wachter moved, Egan seconded the motion to approve the agenda. All voted in favor. MINUTES Regular Meeting of September 1, 1987. Smith moved, Ellison seconded the motion to approve the minutes as distributed. All voted yes. TAX ABATEMENT Bill Peterson of the Dakota County Assessor's office appeared and recommended that the Council approve a tax abatement for George and Miriam Nall for Lot 4, Block 1, Evergreen Park Addition. The reduction in the estimated market value would be from $84,900.00 to $72,000.00 and assessed value from $17,272.00 to $15,396.00. Upon motion by Wachter, seconded Egan, it was resolved that the recommendation be approved. All voted in favor. VOLUNTEER FIRE DEPARTMENT Fire Chief Ken Southorn appeared and made a presentation recommending the Council authorize increasing the number of volunteer firefighters from 75 to 115. He proposed distributing the personnel with 30 for Station #1, 25 for Station #2, 20 for Station #3, 20 for Station #4, and 20 for Station #5. He indicated that a large group of new recruits will begin training at the end of September, but also cautioned the council that there would be attrition. Egan moved, Smith seconded the motion to authorize the Volunteer Fire Department to increase the number of firefighters from an average of 75 to a maximum of 115 for all 5 fire stations. All members voted yes. 1 Council Minutes September 15, 1987 RADIO COMMUNICATIONS SYSTEM CONTRACT City Administrator Tom Hedges introduced Dr. John DuBois, a communications consulting engineer, who was under contract with the City, to draw the plans and specifications for fixed radio equipment for the City Police, Fire and Public Works Department. Mr. DuBois made a presentation and also submitted a letter dated September 9, 1987 reflecting the bids that had been received for the equipment. He stated that bids were favorable and recommended the low bids be approved for each of the three sets of equipment. He answered questions of the City Council including the estimated completion time for the installation. Wachter moved, Egan seconded the motion to approve the award of the contract to the low bidder, Kustom Electronics, Inc. of Lenexa, Kansas for Contract #1903A, Dispatch Council, in the sum of $87,994.59. All voted in favor. Wachter then moved, Egan seconded the motion to approve the Contract with Magnasync/Moviola Co., North Hollywood, California for #1903B Logging forTape Recorder in the sum of $13,343.50. All voted yea. Wachter next moved, Egan seconded the motion to approve the award of the contract to the low bidder, General Communications Co. of St. Louis Park, Minnesota for Contract #1903C for Fixed Radio Equipment, in the sum of $84,316.00. All voted in favor. The total award under Contract #1903 was $185,654.09. HILLS OF STONE BRIDGE - PLAT Public Works Director Tom Colbert reviewed a letter from United Mortgage Corporation, the developer of the Hills of Stone Bridge plat, requesting that plat condition #5, requiring installation of an outlet and related storm sewer facilities to be authorized by Council action through the completion of public hearing process, prior to final plat approval, be reconsidered to allow the developer to proceed with the final plat before completion of the public hearing process. The developer has indicated a willingness to enter into a hold harmless agreement and Mr. Colbert expressed concerns about storm drainage covering the general area. Mr. Colbert suggested three alternates including: 1) the 30 acre parcel be platted as an outlot; 2) the Council refuse to allow any building permits other than for the 30 acre parcel; 3) a hold harmless agreement. The Public Works Director recommended that the hold harmless agreement be entered into covering any damages suffered by any party and that an adequate escrow in the-form of a letter of credit or bond be posted. 'Dave Sellergren was present-on behalf of the developer and had no objection to the letter of credit and the terms'- expressed' by =Mr. Colbert. Smith moved, -Ellison seconded the motion to approve the "request 'to -modify con'dition'-#5 ` as described above; 'subject to the execution of an agreement between the developer and the City that is acceptable to the City staff and City attorney. All members yea. SEE PLAT FILE 2 Council Minutes September 15, 1987 FEDERAL CRIME PREVENTION GRANT City Administrator Tom Hedges explained to the City Council that recently Federal Grant money information recently came to the staff's attention that there is Federal grant money available for municipalities for crime prevention programs, providing 50% cash snatch commitment guaranteed by the requesting agency. The Eagan Police Department suggested submitting a request to the Eagan Citizen's Crime Prevention Association for $2,500.00 toward a total budget of $5,000.00 for crime prevention efforts. Chief Berthe and Captain Gegan were present and explained that the use would include neighborhood watch and elementary school system crime prevention. Smith moved, Wachter seconded the motion to approve the authorization for submission of the request, based upon the recommendation. All members voted yes. CONSENT AGENDA The following consent agenda items were submitted by the staff and recommended for approval by the Council: 1. Personnel Item. a. Seasonal Forestry Aid. It was recommended that Michael D. Higgins be hired as a seasonal forestry aid. b. Administrative Intern. Bruce Robertson has submitted his resignation and will be joining the staff at the City of Lakeville as Assistant City Administrator. It was recommended that the resignation be accepted and authorize the staff to proceed with the hiring process for a new administrative intern. 2. National Business Women's Week - Proclamation. It was proposed that the week of October 19 to 24, 1987, be deemed as National Business Women's Week in Eagan. 3. St. John Neumann - Gambling License. A request was made by St. John Neumann for consumption and display license and gambling license for September 26, 1987 and it was recommended that it be approved, subject to compliance with City requirements. 4. Tom Thumb - Blackhawk Road - Off-Sale Beer & Cigarette Licenses. Applications were received from Tom Thumb for off-sale beer and cigarette licenses for the Blackhawk Road location. It was recommended that the applications be approved. 3 Council Minutes September 15, 1987 5. Household Hazardous Waste Collection. George Kenny of Dakota County was present as was Assistant Administrator Jon Hohenstein to discuss the proposed collection of household hazardous waste with the City being responsible for the cost, not to exceed $5,000.00 to be worked out in conjunction with Dakota County and Unisys Corporation. It was recommended by the staff that the Council approve the County proposal for household hazardous waste collection with the City being responsible for publicity and cost, not to exceed $5,000.00 and subject to approval of the agreement by the staff. 6. Hills of Stone Bridge Addition - Final Plat Approval. Recommendation was made that the application for final plat approval for the Hills of Stone Bridge Addition be approved, subject to compliance with all City requirements. R87-63 7. Bridle Ridge Addition - Final Plat. The application by the developer for final plat approval for Bridle Ridge Addition was submitted and it was recommended that the Council approve the application, subject to compliance with all appropriate requirements. R87-64 8. Blackhawk Acres 2nd Addition - Final Plat. The application submitted by the developer for Blackhawk Acres 2nd Addition came next to the Council and the staff recommended the Council approve the application, subject to City Code requirements. R87-65 9. Kinder Care Addition - Final Plat. The application for final plat approval of Kinder Care Addition was submitted to the Council and recommended to be approved, subject to compliance with City Code requirements. R87-66 10. Praise Lutheran Church Addition - Final Plat. The application of Praise Lutheran Church for approval of the plat for the church addition was submitted to the Council and the staff recommended approval, subject to City requirements. 1_- R87-67 11. Brittany 10th Addition - Final Plat. The application was submitted by Tollefson Builders for final plat approval of Brittany 10th Addition. The staff recommended approval, subject to compliance with-the City Ordinance requirements. R87-68 12. Sperry Reservoir Antenna/Unisys Lease Agreement. It was recommended that the Lease Agreement with Unisys for the Sperry Reservoir antenna installation be approved and the Mayor, and City Clerk be authorized to sign. the Agreement. 1 7, (._c 13. Eagan High School-Addition --Project #518. A Petition had been received from District #196 for feasibility report for utility improvements for Eagan High School Addition. It was recommended that the Council receive the Petition and authorize the preparation of the feasibility reports and plans and specifications. 4 Council Minutes September 15, 1987 Ellison moved, Wachter seconded the motion to approve the foregoing consent agenda items as recommended, and to authorize their implementation. All members voted yes. DELINQUENT UTILITY BILLS - FINAL ASSESSMENT HEARING Mayor Blomquist convened the public hearing regarding the assessment roll prepared covering delinquent utility bills recommended to be approved by the staff. The assessments are for one year at 9% interest rate. After questions, Egan moved, Wachter seconded the motion to close the hearing, to approve the final assessment roll and authorize it to be certified to Dakota County, with the understanding that in the future, the staff attempt to group together the delinquent accounts so that the assessment process would be expeditious and cost-effective, comparable to the method being used during the current hearing. All members voted in favor. WOODGATE LANE - STREET LIGHTS - PROJECT #490 The final assessment hearing regarding Woodgate Lane street lights under Project #490 was convened by the Mayor. Mr. Colbert explained the project briefly and there were no objections. Wachter moved, Egan seconded the motion to close the public hearing, to approve the final assessment roll and authorize it to be certified to Dakota County. All members voted yes. WINDTREE 7TH ADDITION - PROJECT #477 The next public hearing regarding assessments under Project #477 consisting of street and utility improvements for Windtree 7th Addition was convened. The Public Works Director reviewed the proposed assessments and noted that there were no objections submitted by affected property owners. Smith moved, Ellison seconded the motion to close the hearing, to approve the roll as presented and to authorize the County to collect the assessments. All voted yea. GOPHER SMELTING - EXCAVATION PERMIT An application was submitted by Gopher Smelting Company for excavation permit #12-167. On September 1, the Council considered the application and continued its consideration because of a request by Borchert-Ingersoll that a landlocked parcel be given access, adjacent to Gopher Smelting. A revised plan had been submitted and the staff recommended approval. The revised plan provides for a 5 Council Minutes September 15, 1987 potential street to the north to the Borchert-Ingersoll property, although no right-of-way has been dedicated. There were no objections and Wachter moved, Egan seconded the motion to approve the application, subject to City requirements. All voted affirmatively. DANIEL DRIVE - PROJECT #475 - ASSESSMENT HEARING The final assessment hearing regarding Project #475 street and utility improvements on Daniel Drive next was convened by Mayor Blomquist. Mr. Colbert reviewed the assessments and noted an objection had been received from John Rodeberg and also from Michael Mayer covering Lot 20, Block 1, Northview Meadows 2nd Addition. Both property owners were concerned about an escrow being held to cover the assessments. Charles Cole questioned whether there would be further repairs and costs on Daniel Drive in the future. Mr. Colbert noted that the streets are intended to have approximately a 20 year life. Rod Hardy of Sienna Corporation was present and stated that street assessments are the obligation of the developer and there should be adequate escrow funds. Egan moved, Smith seconded the motion to close the public hearing and to approve the final assessment roll for Project #475 and authorize certification to Dakota County Auditor's office. All members voted yes. NANCY CIRCLE - STREETS - PROJECT #482 The final assessment hearing concerning street improvements for Nancy Circle under Project #482 was convened by the Mayor. Mr. Colbert briefly explained the proposed assessments and there were no objections. Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll as presented and to authorize the roll be forwarded to Dakota County. All councilmembers voted yes. G 7ESCOTT ROAD - PROJECT #467 - ASSESSMENT HEARING The public hearing regarding the final assessment roll covering Project #467, streets and utilities, along Wescott Road, next was convened. Tom Colbert described the assessment roll, including the interest rate, the spread of assessments and the number of parcels affected. He mentioned that notices were sent to three property owners, based on a reduced assessment in accordance with Special Assessment Policy 86-3 and were without the proper agreements, which allow the City to levy the additional proposed assessments at a later time had not been signed. He therefore recommended continuing the hearing as to those three parcels. 6 Council Minutes September 15, 1937 The following objections were submitted: Kelmer Bratland, Parcel 030-53 and Terry & Dianne Bolling of 1059 Briar Creek Road. the owner of 1059 Briar Creek Road appeared and objected to the problem, indicating the drainage flows south and that the bike path actually uses up part of this property. Irv Dahl, the owner of Parcel 050-53 on the north side of Wescott Road appeared and stated that water has flooded his garden from Greensboro. He had questions concerning the project. Also, Marg Tilley of 1055 Wescott Road, owner of Parcel 041-53, appeared and had objections to the fact that the contractor had not been responsive during the construction process and submitted a formal objection in writing. After review, Wachter moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize it to be sent to the County Auditor for collection, with the exception of Parcels 030-53, 041-53, and 050- 53, which will be continued and rescheduled for hearing to October 6, 1987 at 7:00 p.m. at the City Municipal Center in order to complete proper notification; further, that those parcels where formal objections have been filed be deleted from the assessment roll and that appraisals be ordered and that the proposed assessment be forwarded to the Special Assessment Committee for review and recommendation. All voted in favor. SOUTH NICOLS ROAD - PROJECT #460A - ASSESSMENT HEARING The next final assessment hearing labeled Project #460A, South Nicols Road, streets, was brought to order by the chair. Public Works Director Colbert reviewed the roll, indicating 30 parcels were affected with total assessments of $537,910.04. He identified four single family residential properties taking direct driveway access onto Nicols Road, south of Cliff Road, which were assessed one-half the residential equivalent rate, according to the feasibility report. However, the County has now turned the road back to the City and Mr. Colbert asked direction of the Council to assess the parcels one-half the residential equivalent or the entire frontage, according to City Policy. These parcels were 020-06, 030-04, 050-04 and 060-04. The difference in assessments was approximately $2,200.00 as opposed to $4,400.00 per lot. The written objections submitted were from Mr. and Mrs. Herbert Adelmann, Richard Schweim of Jerry's Garden Nursery and Dr. Harold J. Mason. Richard Schweim of Jerry's Garden Center was present and argued that his property did not have direct access from Nicols Road. Mr. Colbert explained the City policy indicating the City now would consider a secondary access directly to Nicols Road, now that it is a City street. Also, the City would have assessed for road improvements for commercial property, even if it had remained a County Road; further, the assessments are less than the actual cost because of the County contribution, according to Councilman Smith. 7 Council Minutes September 15, 1987 Helen and Herbert Adelmann of 4325 Nicols Road, also appeared with their objection. Egan moved, Smith seconded the motion to close the public hearing, to approve the assessment roll, and certify it to the County Auditor with the exception of the three parcels, which formal objections had been filed and mentioned above; further, that appraisals be authorized for those parcels and that they be forwarded to the Special Assessment Committee for recommendation. All voted affirmatively. CUTTER'S RIDGE - PROJECT #512 The public hearing regarding Project #512 consisting of Cutter's Ridge Addition, utility improvements, was convened. The staff recommended that the hearing be continued until October 6, 1987 at 7:00 p.m. to insure that all required notification procedures have been complied with. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation be approved. All voted yes. KOCH REFINERY - ODOR EMISSION At approximately 8:30 p.m. City Administrator Tom Hedges announced that residents in the general area of Eagan have claimed that there is a very foul odor in the air, and that some claims of illness have occurred. Public Works Department and the Police Department have investigated, and at approximately 9:30 p.m., Koch Refinery representatives indicated that a defect occurred within the Koch Refinery property and that steps were being taken to correct the defect. BLACKHAWK ACRES ADDITION - VACATION The public hearing regarding vacation of utility easements in Blackhawk Acres Addition was convened by Mayor Blomquist. Representatives of the applicant were present and Torn Colbert explained the reason for the vacation. There were no objections. Wachter moved, Egan seconded the motion to close the public hearing and authorize the vacation as requested. All members voted yea. UPS FIRST ADDITION - PROJECT #442 - ASSESSMENT HEARING The next public hearing convened by Mayor Blomquist covered street and utility improvements under Project #442 in the UPS First Addition. Mr. Colbert reviewed the assessment roll and stated that all notices had been sent to affected property owners, but that an alternate final assessment roll for consideration that allocates all 8 Council Minutes September 15, 1987 additional costs associated with the delay of the UPS Addition requiring necessary easements was also presented. He explained the reason for the higher cost due to the delay in acquiring the necessary easements. The notices sent to the property owners indicated an increase in the assessments, equally spread among all affected owners and there was discussion concerning the agreement between the City and UPS that UPS would cover increased costs, including acquisition of easement costs. Paul Abbott, the owner of Lots 1 and 2, KSTP Addition, appeared together with his attorney, Joe Mullery. Mr. Mullery submitted a written objection on behalf of Mr. Abbott and claims that UPS was the sole reason for the improvements and that there was little benefit to his client's property. He requested that the assessment be stricken against Lots 1 and 2, KSTP Addition. A representative from Yorktown Industrial Park South questioned the amount and indicated the amount would drop from approximately $232,000.00 to $219,000.00 for that parcel. He had no objections. After discussion, Egan moved, Wachter seconded the motion to close the hearing and to strike KSTP Lots 1 and 2 from the assessment roll and to order an appraisal and to refer the assessments to the Special Assessment Committee; further, that the property owner, Carlisle Clark covering the Loren Place lots, also be stricken based upon written objection and an appraiser be authorized and the assessment roll be forwarded to the Special Assessment Committee; further motion to adopt the balance of the roll based on the alternate roll, with the understanding that the United Parcel Service will be notified concerning the increase in the assessments and in the event there are any objections or appeals from UPS that the entire roll be returned to the Council for reconsideration; if there are no objections or appeal, the assessments then will be certified to the County Assessor, based upon the alternate assessment roll as presented. All members voted in favor. WILDERNESS RUN ROAD - PROJECT #345 - WEDGEWOOD ADDITION The next public hearing concerning special assessments was convened by Mayor Bea Blomquist and covered Project #345 consisting of Wilderness Run Road assessments against the Wedgewood Addition. The Council had considered the issue at earlier meetings and Gene VanOverbeke and Paul Hauge had negotiated with First National Bank of Minneapolis and with Jim Curry to cover the approximately $64,000.00 in special assessments that had not been levied at the time of the adoption of the assessment roll covering the project. Jim Curry was present and stated that he was in agreement with the proposed assessment roll. City Attorney Paul Hauge described the negotiated settlement and after discussion, Egan moved, Smith seconded the motion to approve the assessment roll as presented, including the negotiated settlement; further, that the assessment hearing be closed and that the Council authorize the assessments as follows: 9 Council Minutes September 15, 1987 1. $10,000.00 in cash to be paid by First National Bank of Minneapolis. 2. One-half of the balance to be levied against property owned by James Curry at the northwest corner of Highway #3 and Cliff Road on approximately 17 acres. 3. One-half of the balance to be paid by the City of Eagan. Further, that the staff complete the negotiations with the affected property owners. All members voted in favor. ROBERT O'NEIL - ASSESSMENT HEARING - PROJECT #443 The next public hearing regarded Robert O'Neil trunk storm sewer assessments under Project #443 covering two parcels, 010-77 and 010- 56. A proposed set of Findings, Conclusions and Levy of Assessments was submitted to the City Council and recommended to be approved. Upon motion by Ellison, seconded Egan, it was resolved that the final assessment hearing covering the O'Neil property described above, be closed and that the assessment roll be adopted as to those parcels. All members voted yes. KNOB HILL HOMEOWNER'S ASSOCIATION At the August 18, 1987 meeting, residents representing Knob Hill of Eagan Homeowner's Association, appeared before the City Council and expressed a number of complaints regarding the quality, construction, painting and general lack of plans for the original parking plan and landscaping of Knob Hill. On September 8, 1987, the association members met with Bart Dunn and it was recommended that binding arbitration be pursued. Karen Ganter, the Association President, was present and recommended that the City Council take action on those portions of the Complaints where it had authority to do so. There was discussion concerning certain complaints about parking and also Code violations. After discussion, Smith moved, Egan seconded the motion to direct the developer to correct the parking violations and further, to check into the landscaping performance to determine whether it is in compliance, according to City requirements. It was noted that proper enforcement of building code violations will continue. All members voted in favor. 10 Council Minutes September 15, 1987 1988 GENERAL FUND OPERATING BUDGET The public hearing was convened regarding the proposed 1988 General Fund Operating Budget for the City. City Administrator Tom Hedges described the process in arriving at the budget, including department requests and Council budget review. He described the increase in the budget from 1987 and noted a reduction, however, of 0.4 mills from the 1987 to 1988 budgets. Vic Twaddell appeared and had questions and concerns about the budget. There being no objections, Smith moved, Ellison seconded the motion to close the hearing. All members voted yes. JAMES De1GRECO - VARIANCE - EVERGREEN PARK ADDITION The application of James DelGreco for variance for Lot 6, Block 1, Evergreen Park Addition to allow 12 foot side yard variance request for a proposed addition was considered by the Council. Mr. DelGreco was present and there were no objections. Wachter moved, Egan seconded the motion to approve the variance request. All members voted yea. DENNIS BOLDT - VARIANCE - CEDAR GROVE 1ST ADDITION The application of Dennis Boldt for variance for 10 foot rear yard setback variance for detached garage addition at 2103 Garnet Lane, Lot 11, Block 3, Cedar Grove 1st Addition came to the Council. Dale Runkle described the application briefly and there were no objections, with notices having been sent to affected neighbors. Smith moved, Egan seconded the motion to approve the variance as requested. All members voted yea. KENNETH WASON - OAKWOOD HEIGHTS 2ND ADDITION - WAIVER OF PLAT An application of Kenneth Wason for duplex lot split covering Lot 11, Block 1, Oakwood Heights 2nd Addition was presented to the Council. The lot abuts duplex lots to the east and west and there were no objections to the application. Ellison moved, Wachter seconded the motion to approve the application, subject to applicable City ordinances. All voted in favor. R87-69 FAIRVIEW DEVELOPMENT COMPANY - SIGN PERMIT A special permit application from Fairview Development Company a temporary 8 foot by 20 foot construction sign, along I-35E, east of Pilot Knob Road, was brought to the Council on Lot 2, Block 1, Pondview Addition. Dale Runkle described the application and noted that the 8 foot sign would be temporary. Councilman Smith had concerns about the aesthetics of temporary signs along the freeway 11 Council Minutes September 15, 1987 k^y`' j and also was concerned about the size of the sign. A representative of Fairview Hospital was present and indicated the sign had already been built and that it would be of a temporary nature only. After considerable discussion, noting that the sign should not be necessary along I-35E to attract medical offices, Smith moved, Wachter seconded the motion to deny the application, based upon the reasons mentioned above, including the precedent problem that could result. All members voted in favor. BLACKHAWK PLAZA - CONDITIONAL USE PERMIT - MUFFLER REPAIR SHOP The application of Haven Enterprises for conditional use permit to allow automobile service in a neighborhood business district in Blackhawk Plaza came to the Council. The Advisory Planning Commission recommended approval, subject to certain conditions. Mr. Runkle indicated that it will conform with the 20% lot coverage requirement but indicated that there was a dispute concerning the proposed hours of operation. Maynard Ohm, a neighboring owner, appeared and had concerns about the noise created in the muffler shop. Darrell Anderson, the architect, appeared and indicated that the trash will be screened and requested that the car wash be allowed to be open from 6:00 a.m. to 12:00 p.m. and the auto store from 6:00 a.m. to 9:00 p.m., or both from 6:00 a.m. to 10:00 p.m. Mr. Ohm recommended 8:00 a.m. opening for the auto store. After lengthy discussion, Smith moved, Wachter seconded the motion to allow the application for conditional use for auto muffler store to operate from 8:00 a.m. to 9:00 p.m. but that automobiles could be dropped off prior to 8:00 a.m. Hugh Stewart, a neighboring owner, was concerned about the outside storage. It was suggested that the outdoor vacuum cleaners be located on the south side of the building and Mr. Anderson indicated that the developer will attempt to redesign to accommodate the objection. Egan moved, Ellison seconded the motion to approve the conditional use permit for the car wash with hours from 7:00 a.m. to 12:00 p.m. with the understanding that a revision of access to the building would be reviewed by the applicant to comply with the Council's proposal, subject to the following conditions covering both the car wash and the auto repair store: 1. All signage shall be subject to the one-time sign fee of $2.50 per square foot. 2. The three (3) parking stalls on the southwest portion of the building shall be designated for employee use only. 3. No roof top mechanical units shall be visible from County Road #30 or Blackhawk Road. 12 Council Minutes September 15, 1987 4. Lot coverage shall not exceed 20%. All members voted yes, except Blomquist who voted no, indicating there were open doors that could create a nuisance for the residential neighborhood. DODD FARM ADDITION - PRELIMINARY PLAT The application of Robert Engstrom Associates for approval of a preliminary plat for Dodd Farm Addition consisting of 7 lots on 3 acres on the west side of Dodd Road, south of Hackmore Drive on Outlot A of the Haeg Addition was next heard. Dale Runkle described the application and indicated that the proposal originally was for four lots and now the proposal is to increase to 7 lots. Deborah Schad of 4332 Stirrup Street, appeared and had concerns about grading the subdivision, noting standing water on property owned by her adjacent to the proposed plat. Mr. Colbert stated that a catch basin will be installed and the developer will be required to comply with City drainage requirements. There were no objections. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. Lots 1 and 7 shall have their driveways connect to Haeg Court. 3. All runoff by the proposed Dodd Farm Addition shall be intercepted by storm sewer and conveyed into the existing storm sewer system in Stirrup Street. 4. This development shall also comply with the most recent requirements of the standard conditions of approval as adopted by Council action. 5. The existing barn and shed shall be removed prior to development. 6. The drainage system for the development shall provide for drainage of lots 4 and 5, Block 2, Overview Estates. All voted yes. SEE PLAT FILE 13 Council Minutes September 15, 1987 BLACKHAWK RIDGE ADDITION - PRELIMINARY PLAT, PD AMENDMENT AND VARIANCE The application of Meritor Development Company for planned development amendment, preliminary plat approval and variance for Blackhawk Ridge Addition came next to the Council. The Planning Commission recommended approval, subject to certain conditions. Dale Runkle detailed the application and Larry Frank appeared on behalf of Meritor Corporation. Mr. Colbert gave an update concerning utilities that were not addressed in the staff report and recommended a 12 inch trunk water main study take place, with the possibility of recommending it to be installed within the development. He suggested that either the developer install, or that a public hearing be held to determine whether to proceed with the water main installation. Mr. Frank requested that the developer be allowed to install privately if the decision is to proceed. He also noted that grading is being proposed on a portion of City park land. Smith moved, Ellison seconded the motion to approve the application for planned development amendment. All voted yes. Smith then moved, Egan seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. That the grading within the Eagan park land will be approved by the Park Department. 2. All standard platting conditions shall be adhered to. 3. Construction fencing shall be installed on Lots 26, 27, 29, and.30, Block 1 abutting the park during the grading period. 4. This plat shall be subject to parks dedication fee if park dedication has not been completed. 5. 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 the final plat approval. 6. This development shall dedicate 10 feet drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 7. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer and in accordance with City Codes and engineering standards and policies and approved by staff prior to final plat approval. Council Minutes September 15, 1987 8. All internal public streets shall be constructed within the required right-of-way with City designed standards. 9. This development shall be responsible for providing adequate easements and constructing the storm sewer outlet into Blackhawk Lake, unless an alternate proposal is approved by staff, and agreed upon with neighboring developer. 10. This development shall be responsible for the acquisition of all regulatory agency permits in a time frame required by the affected agency. 11. This plat shall be subject to the recommendations of the Advisory Parks and Recreation Commission and approved by City Council. 12. This development shall be responsible for the construction of the storm sewer in Street F adequately sized to handle the runoff generated by the westerly adjacent proposed Blackhawk Glen 3rd Addition. 13. The development shall be responsible for constructing and maintaining a sedimentation basin designed in accordance with the Soil Conservation Service specifications until such a time that all the development is completed. 14. The development shall be responsible for submitting an erosion and sediment control plan including both a site map and a narrative in accordance with City of Eagan recommendations before a grading permit is issued or final plat is approved. 15. The development shall be responsible for either dedicating the required right-of-way for Street F or phasing the development in cooperation with the westerly adjacent proposed Blackhawk Glen 3rd Addition to ensure the proper right-of-way for Street F. 16. This developer shall be responsible for coordinating and ensuring a trailway from Blackhawk Hills Road, south to the park property. 17. A scenic easement preserving oaks at the rear lot line shall be granted. 18. Required storm sewer outlets for this development through Blackhawk Park and Blackhawk Lake shall be reviewed by department staff. 19. Appropriate erosion control measures shall be installed and strictly enforced. All Councilmembers voted affirmatively. 15 Council Minutes T'r l ~f September 15, 1987 Smith then moved, Wachter seconded the motion to approve the application for variance for two cul-de-sacs in excess of 500 feet, noting the hardship created by the topography and street alignment. All voted yes. SEE PLAT FILE ST. FRANCIS WOODS 6TH ADDITION - PRELIMINARY PLAT & REZONING An application of Richard Land Associates for rezoning from R-4 to R-1 for preliminary plat entitled St. Francis Woods 6th Addition consisting of 34 lots came next to the Council. The APC recommended approval of both the applications, subject to certain conditions. Dale Runkle reviewed the application, noting that separate applications had been submitted, requesting rezoning of 20.96 acres of R-4 Multiple, to R-1 Single Family and preliminary plat for St. Francis Woods 6th Addition, consisting of 34 lots. In 1984 a townhouse development was proposed consisting of 34 units with approximately 24 units constructed. Duckwood access is proposed to be a public street, whereas there is an internal private street at the present time. A meeting was held with neighborhood owners and a representative of the applicant was present and most issues were resolved except access to Duckwood Drive. Joe Christensen, attorney, appeared for Richard Land and discussed the meeting, together with the letter that he submitted to the City dated September 9, 1987. A representative of Kinglet Court appeared and stated the owners favored the single family use. Mike Wold, a neighboring owner, appeared in favor of the project because of the reduction in the number of units, no variances were being requested, and he complimented Richard Geifer as a respected developer. Carmen Tuminelly, a representative of the St. Francis Woods Townhouse Homeowner's Association had concerns about the representations made by the original developer. In addition, he objected to removing the attractive entry from Lexington Avenue and also giving up the private road to the development. He stated that the owners will agree to close the access, provided the Townhome Association owners are not charged for any of the closing costs or for the upgrading of the private street to a public street, and subject to the takeover of the private street by the City. The tree buffer and setbacks are also issues. Mr. Colbert noted the advantage of vacating the current access to Lexington Avenue and moving the access to the south. Mayor Blomquist was concerned about the other condominium lots on the private street and it was understood that the private drive would continue through that area. The Public Works Director mentioned that in order to accept the street for public maintenance purposes, technically the private street would have to be upgraded to present City street standards and that potentially variances would be 16 Council Minutes September 15, 1987 required for setback purposes. Mr. Christensen explained that the developer will grant the additional right-of-way for private street and Mr. Colbert suggested that the Council consider accepting the private street for maintenance and not upgrade the street, because of the excessive cost. Mr. Tuminelly proposed that the City accept the dedication and Ralph Wagner, the engineer for Richard Land, stated that the street was built to City standards, but not according to street width standard. Mr. Colbert further recommended review of the acceptance of the easement or maintenance of the private drive and had concerns about timing of the dedication, in conjunction with approval of the preliminary plat. He further recommended the City and County pay for the closing of the access. After lengthy discussion, Egan moved to continue the application until the October 6, 1987 regular meeting, to explore the following options: 1. Research whether the proposed plat could have access through the private access to Lexington Avenue. 2. Explore the dedication of the private road as a public street. 3. To review the proposal for a maintenance agreement. Mr. Egan then withdrew the motion. Wachter moved, Ellison seconded the motion to approve the motion for rezoning as requested. All voted yes. Egan then moved, Wachter seconded the motion to approve the application for preliminary plat according to the following recommendations: 1. All standard platting conditions shall be adhered to. 2. The cul-de-sac islands shall be maintenance free with no rock near the edge. A separate maintenance agreement shall be included with the final plat submission and reviewed by the City Attorney. 3. The development shall be responsible for negotiating the necessary agreements with the easterly adjacent condominium development necessary for Dakota County to allow the proposed Lexington Avenue access opposite Falcon Way. 17 Council Minutes September 15, 1937 4. This development shall also comply with the most recent requirements of the standard conditions of approval as adopted by Council action. 5. The developers shall meet with the condominium owners at least one week prior to the City Council meeting. 6. The proposed street shall meet setback requirements for the southerly townhome. 7. The possibility of a stub street to the south shall be subject to staff review and approval. It was understood that the requirement of the Planning Commission that the development be responsible for acquiring the right-of-way necessary to provide access to Duckwood Drive, opposite Duckwood Trail, be stricken because of objection by the applicant. All voted affirmatively. Smith moved to relocate the access from private drive to Falcon Way at no cost to the townhome owners. There was no second and the motion failed. Wachter later moved, Ellison seconded the motion to direct the City Engineer to review the alternates regarding the private street access to Lexington Avenue and to report to the City Council with his recommendations. All councilmembers voted yes. SEE PLAT FILE GALAXIE CLIFF PLAZA ADDITION - REZONING & PRELIMINARY PLAT The application for rezoning from A (Agricultural) to LB (Limited Business) and preliminary plat for one lot consisting of 4.4 acres, containing 50,000 square feet of office and 21 acres of outlots to be developed in accordance with the concept of Limited Business uses allowed in the zoning ordinances next came to the Council. The Advisory Planning Commission had recommended denial of the application for reasons stated in its minutes. Brad Swenson was present on behalf of the applicant and indicated the applicant requested that the application be continued for further study. Wachter moved, Ellison seconded the motion to continue the application as requested and that the application be returned to the Advisory Planning Commission for further consideration and recommendation. All members voted in favor. Mary Winchester and other neighboring owners were present. Her main concern was that there has no specific plan presented and there were no specific details covering uses. Vic Twaddell, 1849 Narvik Court, objected to the proposal as presented regarding potential intensity of the development and recommended rejection of the proposal, requiring a completely revised plan. 18 Council Minutes September 15, 1987 Brad Swenson indicated a tree study, an EAW and site plan will be completed by the applicant. SEE PLAT FILE CEDAR CLIFF COMMERCIAL PARK 3RD ADDITION - PRELIMINARY PLAT PD AMENDMENT & CONDITIONAL USE PERMIT The application of Austin Companies for Planned Development amendment, conditional use permit for pylon sign and preliminary plat for Cedar Cliff Commercial Park 3rd Addition came to the City Council for its consideration. The Advisory Planning Commission recommended denial of the application. A request was made on behalf of the applicant to withdraw the application. Wachter moved, Egan seconded the motion to authorize the withdrawal of the application, based upon the request of Ray Williams of Astleford Construction who was present at the meeting. All members voted yes. SEE PLAT FILE R & B ADDITION - FOUNDATION PERMIT REQUEST A rquest was presented by Jerry Braun and LeRoy Rother, the developers of the R & B Addition, requesting foundation permit for Lot 1, Block 1. The reason for the request was because the plat application had not been processed by the staff. There were no appearances on behalf of the applicant. Ellison moved, Egan seconded the motion to approve the issuance of the permit for Lot 1, Block 1, R & B Addition as requested, noting that foundation permits had been granted to other applicants for the same reason. All voted yes. LeMAY LAKE - MULTI-FAMILY HOUSING REFUNDING REQUEST A request was made through Miller & Schroeder Financial, Inc. on behalf of LeMay Lake Partnership for the refunding of $12,500,000 of multi-family housing revenue bonds for the LeMay Lake apartment project. The reason is the potential interest savings resulting in the refunding which will justify payment of the premium to all bond holders and further, that there would be improvements in the project. The City Administrator reviewed the request and Tom Maplewood of Miller & Schroeder described the types of improvements that are being proposed, including capital improvements. He noted that it would allow the developer to remarket the bonds if desirable. Councilman Smith is concerned about the savings used for actual improvements and also whether the 1/8% interest could be acquired by the City. Smith moved, Egan seconded the motion to approve the preliminary resolution for refunding of the multi-family housing revenue bonds for LeMay Lake Partnership with two conditions: 19 Council Minutes September 15, 1987 1. A determination should be made whether the City can acquire the 1/8% interest fee under current City policy during the refunding process. 2. Information should be submitted to the City indicating the types of improvements that would be installed resulting from the savings. All members voted yes. There was also concern on behalf of Councilmembers regarding landscaping and also the exterior color of the buildings. CLIFF LAKE GALLERIA & TOWER PROJECT - EAW Thomas Hedges introduced an issue relating to the proposed Cliff Lake Galleria & Tower project, stating that Michele Swanson, 1977 Badger Court, had sent a letter and Petition to the Minnesota Environmental Quality Board, requesting an EAW for the Cliff Lake project. The MEQB forwarded a letter to the City outlining a number of points and procedures indicating the City had an option to prepare an EAW. Michele Swanson was present and read a lengthy letter, indicating she had submitted a request and objected to the uses being proposed without an EAW and requested that an in-depth study be made. A letter from Hoffman Development Company, indicating that an EAW will be prepared was also submitted. Smith moved, Wachter seconded the motion to order a new EAW for the entire undeveloped site according to the Minnesota regulations controlling EAW's. Councilman Ellison asked if information could be acquired by the staff in time to review the EAW. Mr. Runkle answered that it would depend upon whether the applicant would submit the information in a timely fashion. All voted yes. PUBLIC IMPROVEMENTS CONTRACTS 1. Contract #87-32 - Braun Court, Chapel Hill, Country Club Market and Patrick Addition. The bids were received for Contract #87-32 consisting of Braun Court, Chapel Hill, Country Club Market and Patrick Addition on September 11, 1987. Mr. Colbert noted that the bids were 25% to 37% over the estimates for each of the four projects and also described some of the other problems that were involved. An objection was received from the second low bidder, that the low bidder had handed the sealed bid in at about 10:33 a.m. on September 11, and therefore was not timely. After discussion, noting the discrepancy, Smith moved, Egan seconded the motion to reject the bids and readvertise for bids to be opened on October 5, 1987 at 10:30 a.m. at the City Hall; and further to schedule new public hearings on each of the four projects for October 6, 1987 at 7:00 p.m. at the Municipal Center to determine whether to proceed with the projects. All voted yea. 20 Council minutes September 15, 1987 2. Dallas Development 2nd Addition/Kennebec Drive - Contract #37-38. The plans and specifications have now been prepared for Contract j;87-38 and it was recommended they be approved and that the Council authorize the advertisement for bids and opening to be held at 10:30 a.m. on Friday, October 16, 1987 at the Municipal Center. The Public Works Director announced that the Corps of Engineers has requested a sedimentation basin in the Minnesota River Valley area. Egan moved, Ellison seconded the motion to accept the recommendation and advertise for the bid opening as described. All voted yes. 3. E-Z Air Park - Contract #87-20. A Lease has now been prepared between Soo Line Railroad and the City relating to Contract #87-20 and it was recommended that the Lease be approved. Smith moved, Egan seconded the motion to approve the Lease as presented. All members voted yea. R87-70 MACTA - MINI-CONFERENCE Torn hedges announced that the Joint Burnsville-Eagan Cable Commission members encouraged members of the Burnsville and Eagan City Councils to attend the MACTA Mini Conference to he held in St. Paul on September 18, 1987. OAK CLIFF 1ST ADDITION - UTILITY EASEMENT VACATION Staff has learned that a house currently under construction on Lot 1, Block 4, Oak Cliff 1st Addition encroaches approximately 3 feet into the existing utility easement along the side lot line for the sanitary sewer approximately 20 feet deep. In response to the problem, the staff recommended a Petition be submitted requesting vacation hearing to resolve the issue. Upon motion by Egan, seconded Wachter, it was resolved that the Petition for vacation of a portion of the utility easement be received and a public hearing be scheduled for October 20, 1987 at 7:00 p.m. at the Eagan Municipal Center. All voted in favor. MANOR LAKE ADDITION - PROJECT #520 A Petition had been received for utility improvements for proposed Manor Lake Addition. Upon motion by Egan, seconded Smith, it was resolved that the Petition be received and that the feasibility report be prepared by the consulting engineering firm. All voted in favor. 21 Council Minutes September 15, 1987 ELRENE ROAD & BRADDOCK TRAIL - RESTRICTIVE PARKING It was recommended that the Council approve a resolution restricting parking on one side for MSAS Elrene Road and Braddock Trail. Ellison moved, Wachter seconded the motion to authorize the implementation and recommendation. All voted affirmatively. R87-71 STANDARD PLAT APPROVAL CONDITIONS A proposed schedule of standard plat approval conditions was submitted for approval. Wachter moved, Egan seconded the motion to approve the standard conditions of plat approval as recommended by the Advisory Planning Commission dated August 25, 1987. All voted yes. KENNETH ROBERTS - RESIGNATION Tom Hedges announced the resignation of Ken Roberts as a assistant in the planning department. Egan moved, Wachter seconded the motion to accept the resignation. All voted in favor. LIONS CLUB - GAMBLING LICENSE Mr. Hedges described to the City Council the fact that the Eagan Lions Club has requested a gambling license for pull-tabs and the club requested a waiver concerning the timing for the application. Wachter moved, Egan seconded the motion to approve the license and in addition, the waiver of timing of the submission of the application. All members voted yes. SPECIAL CITY COUNCIL MEETING A special City Council meeting was scheduled for September 29, 1987 at the Municipal Center at 7:00 p.m. to discuss miscellaneous City items. FIREMEN'S RELIEF PENSION FUND City Administrator Hedges reviewed discussions he'd had with members of the Volunteer Fire Department about pension benefits. A proposal was made and submitted by the VFD concerning pension benefit revisions. Mr. Hedges was given direction to continue to negotiate with the fire department members. 22 Council Minutes September 15, 1987 TOM THUMB VS. EAGAN City Attorney Paul Hauge explained to the City Council that the motion brought by Tom Thumb for amendment of the Court Order regarding the action, had been denied by Judge Gerald Kalina. O'NEILL VS. CITY OF EAGAN The City Attorney brought the Council up to date concerning depositions and also the fact that the summary judgment motion brought by O'Neill had been continued. HOLLAND LAND STORM SEWER - CONDEMNATION A. Martin DesLauriers Property. The Council discussed the award by the Commissioners to Martin and Marie DesLauriers under the Project #444R, Holland Lake storm sewer project. After discussion, upon motion by Egan, seconded Ellison, it was resolved that the City Attorney's office be authorized to appeal the award based upon the fact that it was excessive; further, that the City oppose the payment of 3/4 of the award. All members voted yes. B. Carlson Property. Upon motion by Ellison, seconded Egan, it was resolved that the City Attorney's office be directed to appeal the Commissioner's award regarding the Carlson property under Project #444R. All voted yea. CHECKLIST Upon motion by Egan, seconded Blomquist, it was resolved that the checklist dated August 31, 1987 in the amount of $888,705.67 and also a checklist dated September 15, 1987 in the amount of $798,609.09 be approved. All voted affirmatively. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:55 a.m. All voted yes. PHH Ci y Jerk 23