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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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:
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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.
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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
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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.
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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
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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
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