03/03/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 3, 1987
A regular meeting of the Eagan City Council was held on Tuesday, March 3,
1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist
and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City
Administrator Tom Hedges, Assistant Public Works Director Mike Foertsch, City
Planner Dale Runkle, Consulting Engineer Mark Hanson, and City Attorney Paul
Hauge.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as
presented. All voted yes.
MINUTES
The minutes of the regular meeting of the Eagan City Council of February
17, 1987 as presented were, upon motion by Ellison, seconded Wachter,
approved. All voted aye.
NATIONAL GIRL SCOUT WEEK
A group of girl scouts from the City of Eagan were present at the Council
meeting and read a proclamation declaring the week of March 7 through 14, 1987
as Girl Scout Week in Eagan. The Mayor acknowledged the request and signed
the Proclamation as requested.
POLICE DEPARTMENT
Police Chief Jay Berthe was present.
1. Squad Car No. 4. It was recommended that the Council approve the sale
of squad car No. 4 to Suburban Auto, the high bidder, for the amount of
$1,285.00. Upon motion by Smith, seconded Wachter, it was resolved that the
recommendation be approved. All voted yes.
2. Galaxie Avenue & Berkshire Drive - Traffic Survey. A request had been
made at the February 3, 1987 meeting from John Ulness of West Wind Trail that
the police department survey the traffic speeds on Galaxie Avenue. Chief
Berthe stated that the police department has conducted a survey and noted that
the speeds were in excess of the limit and that the police department will
continue to monitor the area for traffic speed purposes.
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3. Parking Ordinance/Large Vehicles - Section 10.52.B. City
Administrator Tom Hedges stated that questions have arisen from
property owners throughout the City regarding the parking of large
vehicles, including tow trucks in driveways of single family resi-
dences. He noted that the reference to large vehicles was changed
when the ordinance codification took place to identify only mobile
homes and large recreational vehicles. Councilmembers discussed the
provision and indicated that they would prefer to have the Ordinance
provision reviewed. Egan moved, Wachter seconded the motion to
direct the Police Department and City Attorney's office to review
and propose a draft for Ordinance revision regarding the large
vehicle parking requirements under Section 10.52.B. All members
voted yes.
PUBLIC WORKS DEPARTMENT
1. Minnesota Good Roads Membership. A request had been made by
Minnesota Good Roads, Inc. for continuation of membership by the
City, including payment of dues in 1987 of $105.00. After discus-
sion, Egan moved, Ellison seconded the motion to approve the payment
of the dues for the City for 1987. All members voted affirmatively.
2. Deerwood Drive - Project #455 - Condemnation Awards. Assis-
tant Public Works Director Mike Foertsch and City Attorney Paul
Hauge discussed with the City Council the recommendations from the
staff regarding assessments and condemnation awards covering the
Floyd Bryant and the Pat McCarthy property. After reviewing a Jan-
uary 27, 1987 letter from the appraiser, Dan Dwyer, it was recom-
mended that the award covering the McCarthy property in the sum of
$8,700.00 be paid to the McCarthy family and that assessments be
levied for the applicable improvements under Project #455. As to
the Floyd Bryant property on Deerwood Drive, it was recommended that
the Council approve the trade-off of the award of $10,066.00 in lieu
of the assessments against the property and that the assessments be
eliminated in return for waiver of payment of the award. Smith
moved, Egan seconded the motion to approve the recommendation re-
garding both the Bryant and McCarthy property as presented. All
members voted in favor.
CONSENT AGENDA
The following consent agenda items were presented to the Council
and recommended by the staff for approval:
1. Personnel Items.
a. Part-time Police Receptionist/Clerk Typist. It was
recommended that Connie Jaeger be hired as part-time police recep-
tionist/clerk typist.
b. Part-time Police Dispatcher. It was noted that a
vacancy was created by hiring Connie Jaeger, and it was recommended
that Susan Diehl be hired as part-time police dispatcher contingent
upon successful completion of the City's physical and psychological
examination requirements.
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c. Part-time Clerk Typist/Typing Pool. A recommendation
was made by the staff that Adeline Foley be hired by the City as
part-time clerk typist in the typing pool in Administration, contin-
gent upon physical examination fulfillment.
d. Administrative Intern. It was recommended by the City
that Bruce Robertson be engaged as an Administrative Intern.
e. Records Clerk Dispatcher. It was proposed to reclassify
the record clerk dispatcher to that of Records Technician in the
Police Department.
Upon motion by Egan, seconded Wachter, it was resolved that the
foregoing Consent Agenda items be approved as recommended. All
voted yes.
E Z AIR PARK - STORM SEWER - PROJECT #486
The Mayor convened the continued public hearing regarding Pro-
ject #486 consisting of E Z Air Park storm sewer system. The par-
ties that were involved in the project requested a continuance and
upon motion by Ellison, seconded Wachter, it was resolved that the
hearing be continued until the March 17, 1987 regular meeting at
7:00 p.m. All voted affirmatively.
ISD #196 - MUELLER PARK AGREEMENT
City Administrator Tom Hedges introduced a proposed Agreement
between Independent School District #196 and the City of Eagan re-
garding the joint development of the Mueller Park site on the north
side of Wescott Road. Park Director Ken Vraa was also present and
explained the proposal, including the future land swap, whereby the
school district would retain about 18 acres and the City 10 acres.
The agreement was initially prepared by Mr. Vraa and Cal Zwiefel of
ISD #196, and Mr. Vraa, together with Paul Hauge, reviewed some of
the provisions of the agreement. Councilman Smith suggested that
the termination clause should provide that either party could
acquire only a part of the other party's interest in the event that
one terminates the use of the land. Cal Zwiefel was also present.
After review of the proposed Agreement, upon motion by Wachter,
seconded Egan, it was resolved that the Agreement be approved, sub-
ject to the changes that were recommended by the Council. All mem-
bers voted in favor.
MR. D'S PIZZA - ON-SALE BEER LICENSE
An application was received from Robert Christensen and Peter
Christensen for transfer of on-sale beer license for Mr. D's Pizza
located on Beau D'Rue Drive. Peter Christensen was present and Mr.
Hedges briefly explained the request. Noting there were no objec-
tions, Smith moved, Ellison seconded the motion to approve the on-
sale beer license as requested. All voted yes.
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March 3, 1987 (N\
NORTHERN STATES POWER COMPANY - SUB-STATION - SPECIAL PERMIT
Dale Runkle reviewed with the City Council a request for special permit by
Northern States Power Company for an electrical sub-station in a Light
Industrial district located on Lot 10, Block 2, Eagandale Center Industrial
Park No. 3, south of Lone Oak Road and adjacent to the railroad right-of-way.
The proposal would provide a crushed gravel base facility surrounded by an 8
foot chain link fence. Bob Burg was present on behalf of NSP and answered
questions of the City Council. He noted that the facility would be adjacent
to the existing NSP transmission line and would not have an adverse visual
impact. There was no site to the north available, according to Mr. Burg.
Don Chmiel of NSP explained the site plan and the sub-station, noting the
estimated cost is $1,200,000.00 on the five acre site. Councilman Smith was
concerned about berming and plantings and it was explained that there would be
additional land on the south for further development. There were no
objections and Egan moved, Wachter seconded the motion to approve the
application, with the understanding that the location would be moved as far
south as possible, subject to the following:
1. Dakota County Highway Department approval concerning access to Lone
Oak Road.
2. Final approval of the landscape plan shall be made by the City
Council.
All members voted in favor.
Councilman Smith noted the concerns about the future development of the
land on the south side and also maintenance of the entire site is a strong
concern of the City.
HEALTH ONE - PARKING SETBACK VARIANCE - EAGAN MEDICAL CENTER
A request had been presented by HealthOne Corporation for a variance in
the Norwest 2nd Addition for 10 foot parking lot setback variance for the
Eagan Medical Center. Dale Runkle briefly introduced the application and Lief
Tollefson, architect, appeared for HealthOne.
Mr. Tollefson explained that the site is somewhat restricted because of
the public streets on three sides, and the requested change would have minimal
impact, according to Mr. Tollefson. He stated that the applicant had
requested 9 foot parking stalls, but understood that 43 spaces would be needed
at 10 foot widths. He further requested that 15% of the parking spaces be
compact size but that HealthOne was not specifically requesting a variance for
the size of parking spaces. There being no objections, Egan moved, Smith
seconded the motion to approve the variance as requested which would allow 3
additional parking spaces, with the understanding that the parking space
widths would each be 10 feet. All members voted yea.
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BBD ADDITION - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
The application of BBD Investments, Inc./William Henning for preliminary
plat approval and conditional use permit for convenience center with self-
service gasoline pumps was brought to the City Council. Mr. Hedges opened the
discussion and deferred it to Mr. Runkle for description of the application.
The total site is 4.3 acres with 2.5 acres currently under consideration.
John Voss' planning report was discussed and Mayor Blomquist was concerned
about the pipeline easement impact. It was noted that the pipeline will be
deepened according to Steven Krouse, the architect for the applicant, who
described the vertical revision of the pipeline. Mayor Blomquist also had
questions as to who would control the revisions in the pipeline location.
Mr. Hedges stated that the City has been inspecting all pipeline changes
and that more detailed inspection will be taking place.
There was discussion concerning the guarantee that both service bays and
the gas pumps will remain in operation and that if the service bays are not in
operation, the gas pumps must also terminate. Councilman Ellison stated that
there are already three service centers in the general area in existence or
under development, and it may be an appropriate location to relax the
restrictions. Councilman Smith noted that if the rule is relaxed, it would
cause service pumps without service bays to be requested throughout the City.
Egan moved, Wachter seconded the motion to approve the application for
preliminary plat, subject to the following conditions:
1. An Agreement shall be entered into between the owner and the City and
shall run with the property, providing that in the event that the service bays
are not in operation, that the gas pumps must then also be shut down for that
period of time.
2. All standard platting conditions shall be adhered to.
3. No additional signage shall be allowed on the gas pump canopy.
4. A detailed landscape plan shall be included on a grading plan with the
final plat submission. A financial guarantee will be required and not
released until after one year from the date of installation.
5. This plat shall be subject to a parks dedication fee.
6. The trash area shall be incorporated into the building design.
7. The pylon sign shall be no more than 125 feet per side with the height
determined by the Council. The $2.50 per square foot one time fee will be
required.
8. The building fan units shall be screened.
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March 3, 1987
9. The southerly access to this development shall be restricted to a
right-in entrance only and enforced through proper signage in accordance with
City design standards.
10. Permits shall be obtained from Dakota County and Northern Natural Gas
Company for all grading contained within their jurisdictional area prior to
construction or final plat approval in accordance with their requirements.
11. A revised grading, drainage and erosion control plan shall be
submitted showing the limits of grading associated with Lot 1 and temporary
connection to existing elevations.
12. The extensive retaining walls required shall be constructed in
accordance with City design standards.
13. This development shall be responsible for any outstanding, unlevied
or deferred assessments or other financial obligations associated with this
development.
14. The main entrance to this site shall have a maximum width of 30 feet
and radii of 20 feet.
15. That developer and owner shall enter into an agreement to guarantee
that the service bays will be in operation at any time when fuel sales are
made through the gas pumps.
16. The northerly side of the building will be designed and constructed
in a manner architecturally consistent with the front elevation of the
building.
All councilmembers voted in favor.
Egan then moved, Smith seconded the motion to approve the conditional use
permit for a self-service gas station for Lot 1, according to all ordinance
and normal city requirements. All voted yes.
SEE PLAT FILE
EAGAN HILLS FARMS - CONCEPTUAL PLAN
STONE BRIDGE & BRIDLE RIDGE PLANNED DEVELOPMENTS
Tom Hedges introduced the proposed conceptual plan for roadway alignment,
utility layout and park land dedication for the Eagan Hills Farms project,
south of Wescott Road and west of Dodd Road. He stated that the Planning
Commission had taken no formal action concerning the conceptual plan, and was
intended for Planning Commission and Council information purposes only.
Dale Runkle indicated that the planned development application has been
withdrawn and that an EAW for each of two subdivisions, including Stone Bridge
and Bridle Ridge is now being processed. No EIS will be processed for Eagan
Hills Farms at the present time.
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Dave Sellergren, together with Rod Hardy and John Hankenson of Sienna
Corporation,. Ron Helmer of United Mortgage, Wayne Tauer of Pioneer
Engineering, and Jim Hill of James Hill Engineers, were also present.
Dave Sellergren made a presentation on behalf of the developers discussing
feasibility of the project and benefits to the community at large. He
displayed various schematics covering the developments, including utilities,
streets, park dedication proposed, etc. He noted that Park No. 1 and Park No.
2 are proposed to be dedicated with the two present developments and briefly
described the overall plan introduced to the City in 1986. He also explained
that the developers intend to follow through with the Council's objectives,
including some executive type housing.
Regarding the application for approval of the Stone Bridge Planned
Development, including rezoning and preliminary plat approval, he noted that
the 96.45 acre parcel would include 199 lots, that 13 acres will be dedicated
consisting 18%, according to his calculation with 160 lots over 12,000 square
foot minimum size. The average square footage per lot will be 15,550 square
feet with 2.03 gross units per acre and 2.44 net units per acre, excluding
street right-of-way only. 146 lots will exceed 13,000 square feet, 24 that
are 20,000 square feet or larger. He described the larger lots being spread
out with many facing parks or low land areas often consisting of the more
sensitive areas. The house price range will be from $110,000.00 to
$160,000.00 projected.
Wayne Tauer described the intent to retain the natural terrain, and noted
it is designed for neighborhoods rather than lot sizes. Larger lots would be
located where they are spread out throughout the development and would be
located primarily where natural amenities exist.
Relating to the Bridle Ridge Planned Development application, including
rezoning and preliminary plat, the 123.3 acre parcel would include 203 lots
with some outlots proposed primarily along the major streets. Councilmembers
were concerned about the potential for tax forfeiture of the outlots that
would be owned by a homeowner's association. Mr. Sellergren stated that the
lots can be eliminated and that the land be included as part of the
residential lots.
51 lots in Bridle Ridge would exceed 20,000 square feet in size, the park
dedication would consist of approximately 16% of the gross area with 182 of
203 lots over 12,000 square feet. 140 lots would exceed 13,000 square feet
with 1.65 gross units per acre and 2.0 net units per acre excluding street
only. The average lot size would be 16,890 square feet, with $28,000 to
$42,000 wholesale prices per lot to builders. Housing prices would range from
$110,000.00 to $225,000.00 per unit. He further mentioned that 36 lots could
be executive home size. The drainage issues in the northeast corner of Stone
Bridge have been resolved according to Mr. Sellergren, and there is no intent
that the developer request the Council to commit to the use of Outlot A at the
northeast corner.
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March 3, 1987
Mayor Blomquist asked about the outlots in Bridle Ridge and had
concerns about tax forfeiture and further objected to the outlots
being retained in that fashion. She further noted that if the pro-
posed commercial parcel is not addressed, it leaves future uncer-
tainty and should be addressed at the present time. Mr. Sellergren
stated that the developer would allow for street linkage to the
northeast outlot and the Mayor noted a large amount of commercial
land on Diffley Road existing at the present time.
Statistically, 41% of 81 lots were 85 foot minimum lot width in
Stone Bridge and.25% or 55 lots are under 85 foot minimum lot width
in Bridle Ridge.
Councilman Wachter stated that he was under the impression that
a large percentage of the lots were planned for oversized lots
according to the information submitted in the fall of 1986. Coun-
cilman Egan indicated the plans do not meet the intent of the lots
for executive size housing, and do not merit City consideration for
special efforts to deviate from the minimum requirements which are
intended to encourage high test housing.
Councilman Ellison suggested more active park use land may be
desirable and also suggested encouraging larger side yard setbacks.
John Hankinson on behalf of Sienna Corporation, stated that if
all lots complied with the 85 foot width minimum in Bridle Ridge,
that 57 additional lots could be permitted.
In Bridle Ridge, the density is 2.0 units per net acre, exclud-
ing roads, with 2.58 net acres excluding parks, streets and utility
easements.
In Stone Bridge, the net units per acre is 2.4 excluding roads,
and 3.14 excluding all dedicated areas.
Rod Hardy stated that attempts have been made to work with land-
scaping and that the width of the streets is proposed to be reduced.
He further noted that a Petition is being submitted for the install-
ation of the utilities at the present time throughout the develop-
ments. Councilman Wachter requested more information about the use
of the proposed park land, and Mayor Blomquist suggested a 12,000
square foot minimum must be reviewed carefully; further, that the
outlots and the northeast commercial area be designed with potential
for residential lots. A question also arose as to whether the
Planning Commission should consider the developments again if there
are substantial changes. -
Councilman Smith noted it would be desirable that the planned
development for the entire Eagan Hills Farms would be most desirable
for a review of the entire development. Scattered large lots may be
practical to begin with, but he strongly questioned the development
of 10 cul-de-sacs and suggested possible connections of some of them
within the developments. Screening along Wescott Road was an issue
and the 50 foot widths for streets was also discussed.
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March 3, 1987
Mr. Sellergren recommended the Council continue the applications until
further information is submitted.
Tom Hedges suggested requiring certain minimum housing sizes and he was
also strongly concerned about the City staff load at the present time to
process the extensive changes that are being suggested. Wachter moved, Egan
seconded the motion to continue the Stone Bridge application until the next
regular Council meeting, with the understanding that all information requested
by the City Council described above, shall be submitted timely for staff
review and comment prior to the next regular meeting. All members voted in
favor.
Egan then moved, Ellison seconded the motion to continue the application
regarding Bridle Ridge until the next regular meeting on the same conditions
as those described regarding Stone Bridge. All members voted yes.
ROCKWOODS ADDITION - REZONING & PRELIMINARY PLAT
An application for rezoning of 5.3 acres currently designated R-2 within
Lexington South PD to R-1 Single Family, and preliminary plat creating two
lots came to the Council for its review. Dale Runkle described the
application and noted that the two lots have access to unimproved Lakewood
Hills Drive. There is no sanitary sewer or water main available to service
the proposed development, and therefore an on-site septic system and private
well would be provided. Councilman Smith had concerns about future
subdivision, including future road connections in the general area.
Smith moved, Egan seconded the motion to continue the application until
the next regular meeting to allow a review by the staff and the applicants of
any possible overlay of the plat that may have been done by an earlier owner,
and to determine whether it would comply with logical development in the area,
and further to direct the staff to prepare a rough sketch for future
development. All voted in favor.
SEE PLAT FILE
LEXINGTON POINTE ADDITION - REZONING & PRELIMINARY PLAT
The application of Tri-Land Properties for amendment to Lexington South
Planned Development, rezoning from CSC to PD R-1 and preliminary plat approval
next was discussed by the councilmembers. It was suggested by the applicant
that the application be delayed until March 17, 1987. Wachter moved, Egan
seconded the motion to continue the applications until March 17, 1987 as
requested. After further discussion, however, the motion was withdrawn.
SEE PLAT FILE
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March 3, 1987 DeLARIA'S DEVELOPMENT - CONDITIONAL USE PERMIT - KENTUCKY FRIED CHICKEN
The application of DeLaria's Development Corporation for conditional use
permit for drive-through facility and pylon sign for Kentucky Fried Chicken
restaurant on Lot 2, Block 1, Mari Acres 2nd Addition on Cliff Road and Cedar
Avenue, came next to the council. Dale Runkle described the application,
including the site location immediately west of the proposed Holiday Service
Station and east of the northbound Cedar Avenue entrance. A variance request
would allow a parking request of 15 feet, rather than 20 foot requirement
along the west property line. Several site plans have been reviewed and the
most recent was proposed by the staff for approval. In addition, the sign
application was discussed and the Planning Commission recommended a maximum of
125 square foot sign including reader board. The applicant continued to
request up to 141 square feet, and representatives of the applicant were
present. After discussion, Wachter moved, Egan seconded the motion to approve
the application for conditional use permit for the drive-in facility,
including the 5 foot variance adjacent to Cedar Avenue and subject to the
following conditions:
1. A detailed grading plan shall be submitted for approval with the
building permit application.
2. A detailed landscape plan shall be submitted for approval prior to the
building permit release.
3. The curb alignment in the parking area shall be revised according to
the staff recommendations, creating additional green space in the northeast
corner of the lot.
All councilmembers voted affirmatively.
Egan then moved, Ellison seconded the motion to approve the application
for sign permit up to 125 square foot in size, to conform with the ordinance
and the Advisory Planning Commission recommendations. All voted yea.
LEXINGTON POINTE ADDITION - PRELIMINARY PLAT & REZONING
AND COMPREHENSIVE GUIDE PLAN AMENDMENT
The application of Tri-Land Properties for amendment to the Lexington
South Planned Development, rezoning of 24 acres from CSC to PD R-1,
Comprehensive Guide Plan amendment, and preliminary plat approval then was
brought to the Council for its consideration. Dale Runkle gave a detailed
description of the proposal, covering the 25.4 acre project, with 61 single
family lots proposed. The Advisory Planning Commission expressed concerns
about planning of the adjoining CSC zoned area, including the sizing of
utilities.
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March 3, 1987
Brad Swenson and Laura Marks appeared for Tri-Land Properties, and Mr.
Swenson stated that the single family area will run to the north-south power
line on the west. The smallest lot sizes would be 10,500 square feet, which
consist of affordable lots, noting the lack of amenities on the flat
landscape. Laura Marks explained the price ranges for the proposed homes and
indicated that the lot sizes conform with the development to the east. Mr.
Swenson also displayed the 2nd Addition single family proposal on the west and
south, noting the majority of the lots are below a 5 foot minimum frontage,
generally about 10,500 square feet, including basically 70 to 80 foot
frontages.
In response to questions, whether the 12,000 square foot minimum and 85
foot minimum frontage would be feasible, he stated that this would cause the
developer to straighten the roads and would be less feasible for the home
buyers. It was further noted that storm sewer capacity could be reduced about
20% compared with commercial as opposed to residential single family
residential run-off. Councilman Smith recommended a second east-west road be
extended to the west for planning purposes through the commercial land to
Lexington Avenue. There were concerns about the buffer to the commercial on
the west and the developer indicated that buffering is being proposed along
the power line.
Egan moved, Wachter seconded the motion to approve the application for
rezoning from CSC to PD R-1 district. All members voted yes.
Egan then moved, Smith seconded the motion to approve the Comprehensive
Guide Plan amendment from CSC to D-I. All voted yea.
Smith then moved, Egan seconded the motion to approve the application for
preliminary plat approval, subject to the following conditions:
1. A 65 foot half right-of-way shall be dedicated along Diffley Road and
Lexington Avenue. An 80 foot right-of-way shall be dedicated for Daniel Drive
and Lexington Pointe Parkway. All other internal streets shall have a minimum
60 foot right-of-way dedication.
2. The location of the Daniel Drive access to Diffley Road (County Road
#30) shall be approved by the County Highway Department prior to final plat
approval.
3. The final detailed grading, drainage and erosion control plan shall be
submitted and approved by staff prior to final plat approval.
4. A ponding easement for Pond JP-28 and all related internal storm sewer
facilities shall be properly sized to accommodate the runoff from this
development and the maximum use of the adjacent unplatted property.
5. A 12 inch trunk water main shall be constructed within Daniel Drive to
its intersection with Diffley Road and also within Lexington Pointe Parkway as
the full responsibility of this development to provide service to the proposed
future commercial use of the adjacent undeveloped property.
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March 3, 1987
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6. In addition to all common lot line drainage and utility easements,
appropriate utility easements must be dedicated based on final design
alignment and elevations wherever located outside of public right-of-way.
7. Daniel Drive and Lexington Place Parkway shall be constructed to a 44
foot nine tone collector/commercial street standard as the full responsibility
of this development and adjacent unplatted property.
8. Downstream trunk storm sewer facilities shall be ordered for
installation by Council action prior to final plat approval if the school bond
issue does not pass, providing for the development of the high school site to
the north.
9. This development shall assume the pending assessments associated with
Project 475 (Daniel Drive - Streets and Utilities) regardless of the
residential use of the property.
10. Lexington Pointe Place shall be realigned to provide the intersection
opposite Braddock Trail.
11. This development shall be responsible for the acquisition of all
regulatory agency and county permits in the time frame required by the
affected agency.
12. This development shall assume its assessment responsibilities
associated with trunk area storm sewer.
13. An 8 foot bituminous trailway shall be constructed along the west
side of Daniel Drive as the responsibility of this development and adjacent
unplatted property.
14. All standard plat conditions shall be adhered to.
15. The side yard setback shall allow dwelling units to be a minimum of
15 feet apart.
16. The entire 82 acres west of the Highline easement shall be rezoned by
amendment to the Lexington South Planned Development and a detailed
development plan provided for the additional 54 acres.
All voted yes except Ellison voted no.
Smith moved, Egan seconded the motion to approve the application for
request for amendment to the planned development, subject to the following:
1. Rezoning of the additional 58 surrounding acres to be rezoned, with
the understanding that provision be made for extending one of the two
southerly roads westerly toward Lexington Avenue.
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March 3, 1987
2. Further, extension and review of the park request at the southeast
corner of the project.
3. Adequate screening of the single family development from the
commercial property to the west, which shall be installed at the time of any
future commercial development.
All members voted yes.
TAX FORFEIT PROPERTY - CLASSIFICATION REVIEW
Tom Hedges reviewed with the City Council the request from the Dakota
County Auditor's office that the Council review 10 parcels of property that
had been tax delinquent parcels throughout the City. The County has asked
that the City classify these properties non-conservation in the event that the
City does not elect to acquire the property. The Public Works Director and
Director of Parks and Recreation have reviewed them and recommended that the
Council not accept any of the parcels. There was discussion about the
importance during the platting process of new plats, that outlots not be
permitted so as to avoid tax forfeiture of parcels such as that in the
Wilderness Park Addition. There was also discussion about the possibility
that the staff contact property owners adjacent to certain parcels, to let
them know that the property is being tax forfeited, and will be sold in the
future. No action was taken regarding the suggestion.
Egan moved, Wachter seconded the motion to certify all properties as non-
conservation as requested by the County. All members voted in favor.
SINGLE FAMILY HOUSING MORTGAGE REVENUE BONDS OF 1980
Mr. Hedges brought to the City Council a proposed final Resolution
approving the restructuring of the $20,460,000 mortgage revenue housing bond
issue of 1980. The Resolution would authorize the execution of the documents,
and a number of other miscellaneous issues regarding the restructuring of the
bond issue. The refinancing described by Mr. Hedges and John Wenker, who was
present, together with Gene VanOverbeke, to provide additional funds available
to the City in the restructuring process. The transaction costs have been
reduced and it is now estimated that $1,055,000.00 could be delivered to the
City net, for the uses designated by the City Council. In addition, Mr.
Wenker stated that the TICOR reserves, due to the bankruptcy of TICOR Mortgage
and Insurance Company, have now been basically resolved. Smith moved, Egan
seconded the motion to approve the resolution that approves and authorizes the
execution of-the First Supplemental Trust Indenture, Compliance Agreement and
Financial Advisor's Contract, regarding the 1980 Mortgage Revenue Bond Issue
according to the Resolution. All members voted yes.
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March 3, 1987
1987 POLICE ASSOCIATION CONTRACT
The City Administrator submitted to the Council the contract for 1987 with
the Police Association and recommended approval covering 1987. Egan moved,
Wachter seconded the motion to approve the ratification of the contract as
presented. All members voted in favor.
POLICE DISPATCHERS' CONTRACT
Wachter moved, Ellison seconded the motion to approve the contract between
the City and the Police Dispatchers as submitted by the City Administrator.
All members voted aye.
DEEP WELL #9
There was a brief discussion regarding the request by the City to the
Minnesota Department of Health for variance for construction requirements
covering Deep Well #9 in the City. No formal action was taken.
CORNWELL-BIETER COMPANY - EXCAVATION PERMIT #21-194
The staff discussed the request to Ron Cornwell of the Bieter Company
dated February 9, 1987 regarding lack of compliance with the grading permit
requirements covering the property at the northeast corner of Diffley and
I-35E. No answer had been received from Mr. Cornwell at the present time. It
was suggested that the Dakota County Soil and Water Conservation Service be
requested to review and make recommendations and then offer an opportunity to
the owner to restore the land. Blomquist moved, Egan seconded the motion to
direct the staff to contact the Dakota County Soil and Water Conservation
Service to make such recommendations, and in the event that the property does
not restore to the City's requirements, that the City then proceed to contract
for the restoration of the property and the assessment of the affected
property. All voted affirmatively.
METROPOLITAN AIRPORT STUDY
Councilmembers discussed the direction by the Metropolitan Council that a
study take place regarding the potential for a second metropolitan airport.
The Eagan Councilmembers were opposed to the study and directed the staff to
write the Metropolitan Council representative for the area, expressing
dissatisfaction with the decision to proceed with such a decision.
O'NEIL VS. CITY OF EAGAN
There was a brief discussion by the City Attorney, City Administrator and
the City Councilmembers regarding the current status of the O'Neil action,
noting that Councilman Egan's deposition was taken on March 3, 1987. Further
depositions were scheduled during the week of March 9, 1987.
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Council Minutes
March 3, 1987
CHECKLIST
Upon motion made by Wachter, seconded Egan, it was resolved that the
following checklist dated March 3, 1987 in the amount of $743,905.60 be
approved. All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:15 a.m.
All voted affirmatively.
PHH
Cit erk
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