Loading...
07/20/1982 - City Council Regular00180 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 20, 1982 A regular meeting of the Eagan City Council was held on Tuesday, July 20, 1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Thomas and Egan. Also present were Public Works Director Colbert, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as distri- buted. All voted yes. The minutes of the July 6, 1982, regular City Council meeting were, upon motion of Egan, seconded Wachter, approved with the exception that on page 12 reference should be made to the Clearview Homeowners "petition" rather than Clearview Homeowners "letter" regarding Orrin Thompson Homes. All voted yea. DAKOTA COUNTY ASSESSORS ABATEMENT William Peterson from the Dakota County Assessor's office appeared and recommended tax abatements on the following parcels: 1. Arnold S. Krohn, Parcel #10- 14991- 150 -01 to be reduced to $7,672. 2. Raymond Lytle, Parcel #10- 14990- 110 -01 to be reduced to $7,672. 3. Cory Gold, Parcel #10- 14990- 090 -01, assessment reduced to $7,672. 4. Daniel Simon, Parcel #10- 16705- 550 -06, assessment value to be $18,139. Upon motion by Wachter, seconded Thomas, it was Resolved that the fore- going assessment abatements be approved. 1 Council Minutes July 20, 1982 PARK DEPARTMENT 00181 Mr. Hedges indicated that the City has received an Environmental Impact Statement for the Minnesota Valley National Wildlife Refuge. Park Director Vraa has reviewed the EIS and submitted a memorandum dated July 8, 1982, covering the EIS. The plan suggested protection of the fen, the rare and vegetative area within Eagan on both sides of the railroad right -of -way and both east and west of old Cedar Avenue, by acquisition of strict enforcement of land use regulations by the City. No formal action was taken. PUBLIC WORKS DEPARTMENT Tom Colbert reported on the following items: 1. O'Neill Pond -- Project #302. Mr. Colbert indicated that he has been negotiating with Earl 7chindeldecker of 2826 Trunk Uighway #55, who owns land on the south side of the O'Neill Pond, concerning the acquisition of the ponding easement. He indicated that it is important for the MN /DOT grading project to the north of that property and recommended that the Council authorize the cost of approximately $1,900 for sanitary sewer connections for the existing residence, and $550 for the City connection permit fee to be paid by the City in return for the easement. Wachter moved, Thomas seconded the motion to authorize the installation by the City of sanitary sewer service for the Earl Schindeldecker property in consideration of the acquisition of the ponding easement for Project #302. All voted yes. 2. Special Assessment Deferment Policy -- Financial Hardship. The City Council had asked the staff to review alternatives for financial hardship criteria for deferment of special assessments based upon claims of financial hardship. It was noted that no other municipality has such a policy and it would be most practical to handle the matter on an individual basis by the Special Assessment Committee and Council. CONSENT AGENDA The following agenda items were recommended for approval by the staff: 1. Conditional Use Per Renewals. It was recommended that Central Fence and Supply Company conditional use permit at 3790 Dodd Road, the condi- tional use permit for Jerry and Carol Thomas at 4889 Pilot Knob Road, the conditional use permit for the Pro -Life Sign for Dakota County MCCL, and outside storage and rental lot for U -Haul Company be approved. 2. Sign Permit -- De Wilde. It was recommended that the application for sign permit by Richard DeWilde for vegetable stand from July through October on Dodd Road north of the Trinity Lone Oak Lutheran Church be approved for a temporary advertising sign. 2 0(1182 Council Minutes July 20, 1982 3. Deferred Compensation Plan. A proposed amendment to the IDS Deferred Compensation Plan adopted by the City on March 5, 1974, was submitted and recommended for approval by the staff. Technical changes are included in the revisions to the plan. 4. Project #364 -- Brittany M anor 4th Addition W ater M ain. It was recommended that the petition from the developer of Brittany 4th Addition for water main and in addition the request for preparation of plans and specifica- tions together with a feasibility report be approved and authorized by the Council. 5. O'Leary Lake Storm Sewer Outlet Final Payment. It was recommended that the final payment on Contract #81 -12 be approved to Parrott Construction Company in the amount of $5,002.76 and that the project be accepted for perpetual maintenance. 6. Trunk Highway #55 Stor Sewer Outlet. �It was recommended that Contract #81 -3, Change Order No. 2, covering the installation of a force main in the amount of $3,534 be approved. Upon motion by Smith, seconded Egan, it was Resolved that the foregoing Consent Agenda items as recommended be approved. All voted in favor. BLACKHAWK LAKE TRUNK STORM SEWER OUTLET PROJECT #297 Mayor Bea Blomquist convened the public hearing regarding the trunk storm sewer outlet from Blackhawk Lake to the Cedar Industrial park under Improve- ment Project #297. Mr. Colbert explained the project in detail and a large number of affected persons were present. After discussion of the project, a number of property owners made comments and submitted objections: 1. James Horne indicated that he had not been notified of the original public hearing and submitted a written objection to the assessments on the Horne property on Pilot Knob Road. It was noted, however, that the property was considered a part of the drainage district and that six property owners had inadvertently been left off of the mailing list. However, publication of the notice had been placed in the legal newspaper. 2. Harry and Pearl Lemieux, 1555 Vilas Lane, appeared and submitted a written objection and stated that 60% of the runoff of their property goes to the north and there is no benefit. 3. Henry Englert was present together with his nephew and submitted verbal and written objections to the assessments on the Englert property on Englert Road. It was noted the property is green acred at the present time. 3 0 Council Minutes July 20, 1982 4. Dr. Fred Wilson was present and stated that there is confusion in the wording of the letter sent to property owners regarding whether the assess- ments had actually been levied. 5. Mr. David Kohnen, 1740 Monterey Lane, also objected for the same reason as Dr. Wilson. 6. Donald Anderson of Kyllo Lane had questions about the method of assessments and the amount of the assessment against his property. 7. David Ashfeld, who owns property on Pilot Knob Road, submitted writ- ten objections to the assessment. 8. A letter from the attorney for Kenneth Hassler stated that the installation of the gravity storm sewer line under Blackhawk Road has affected Mr. Hassler's water well and requested compensation from the City. 9. A letter from Leo Murphy requesting deferment of the assessments was also noted by the City Council. The staff clearly indicated in writing to the affected property owners and also at the hearing that objections that would be submitted by any affected property owner must be submitted in writing during the course of the hearing and also that certain objections could go to the Assessment Committee for possible recommendation or resolution. The staff reviewed with the Council the amounts of the proposed assessments and the method of determining benefit to the property. After considerable discussion, Egan moved, Smith seconded a motion to continue the assessment roll as to those parcels where written objections were filed by property owners to the September 7, 1982, City Council hearing at 7:00 p.m. to be held at the City Hall; further that the assessment hearing regarding the balance of the parcels proposed to be assessed be closed and that the staff be authorized to certify the roll covering those parcels to the Dakota County Auditor for collection. All voted in favor. It was noted that there were 161 parcels included in the assessment roll. ST. FRANCIS WOOD 2ND ADDITION STREET PROJECT #30TB The Mayor then convened the final assessment hearing covering the street assessments in St. Francis Wood 2nd Addition under Project #307B. There were no objections to the roll and Wachter moved, Smith seconded a motion, all voted in favor to close the hearing, approve the roll, and order its being certified to the County of Dakota for collection. All voted in favor. M 00184 Council Minutes July 20, 1982 KILLDEER ADDITION STREET The Mayor then convened the assessment hearing regarding Improvement Project #327B covering street improvements in Killdeer Addition. There were no objections to the project and after explanation Smith moved, Wachter seconded the motion to close the hearing, to approve the roll to be spread over five years at 12.5% interest and authorize the staff to certify the roll to the Dakota County Auditor. All voted yea. CHES MAR EAST 4TH ADDITION STREETS -- PROJECT #328B The Mayor convened the hearing regarding special assessments for street improvements in Ches Mar East 4th Addition under Project #328B. Noting there were no objections, Egan moved, Wachter seconded the motion, all voted in favor to close the hearing, to approve the roll to be spread over a five year period at 12.5% interest on an annual basis and authorize the staff to certify the roll to the Dakota County Auditor for collection. All voted yes. CEDAR CLIFF 2ND ADDITION STREETS -- PROJECT #329B The next assessment hearing convened by the Mayor regarded Project #329B covering Cedar Cliff 2nd Addition streets. There were no objections and after explanation of the assessments, Wachter moved, Thomas seconded the motion to close the hearing, to approve the roll as presented covering five years at 12.5% interest, and authorize the staff to certify the roll to the County Auditor for collection purposes. All voted yea. PARATRANSIT COMMITTEE REPORT Mr. Hedges indicated that Ed Brunkhorst and Betty Schaumberg, the Eagan members on the Joint Paratransit Committee, were present and would be making comments concerning the report submitted by the consultants for two of the cities of Apple Valley, Burnsville, Eagan, Lakeville, Rosemount and Savage. Copies of the report had been distributed to the Council, and Mr. Brunkhorst went into detail and reviewed the proposals and findings of the report. He stated that both he and Betty Schaumberg felt that the ridership estimates are very high, that they identify 12,000 children in the survey but not other age groups, that there is excessive ride time for participants, and the estimated subsidy of $206,000 for the first year and $151,000 thereafter was discussed. He stated certain transit needs are now being met and that there may be other groups that may utilize, organize and operate such a system. He recommended that the report be accepted as a study and that the inaccuracies noted without any further action regarding the report. After questions and discussion, Wachter moved, Smith seconded the motion to accept the report as recommended and that the City and the other neighboring cities use the report as necessary in the future, and further to commend both Mrs. Schaumberg and Mr. Brunkhorst for their diligent work over the past two years as Eagan representatives on the committee. All voted in favor. 0 00185 Council Minutes July 20, 1982 KINGSWOOD ADDITION WATER LATERAL BENEFIT Mr. Hedges explained to the City Council the findings of the staff re- garding a proposed assessment for water main purposes against the Kingswood Addition. Mr. and Mrs. James Horne were present and it was noted that the August 21, 1973, report covering Project #131 discussed the water assessment on Kingswood Road. The recommendation of the Assessment Committee was also noted. Mr. Horne explained to the Council his position that Outlot 3 be assessed for 256.76 feet when connected at the then going rate and that 128.1 feet be assessed against Lot 6, which he indicated was the amount intended by the City Council in 1973 when the project was installed. He stated that his main objection was the amount of the assessment and the assessment on the east side of Outlot 3. Mr. Colbert stated that all lots have access to a water main and the 1973 report indicated that at the time of connection of any additional lot that the balance of the lots would then be assessed. There was a question of duplication of assessments on Coronation Road because of a lateral installed by the developer and after an extremely lengthy discussion, Smith moved, Egan seconded the motion, to defer the water lateral assessment from trunk on Pilot Knob Road until the lateral service is connected for Lots 1 and 2 and also Outlot 3 on Pilot Knob Road; further, that Lot 6 and Outlot 3 be assessed on Kingswood Road at the rate of 256.76 feet and the full frontage on Lot 6 with the understanding that the balance of the assessments on Lot 3 running westerly on Kingswood Road would be assessed at the time of extension of the water main; further, that a water connection permit be acquired for the current connection and that Lots 3 through 10 be deleted from the proposed assessment roll until there is a direct benefit acquired by each of those lots from City installed lateral water main. All voted in favor. DAKOTA COUNTY PLAT #1 -- COUNTY COURT JAIL FACILITY The application by Dakota County to amend the planned development and for preliminary plat approval of Dakota County Plat #1 in Mission Hills Planned Development was then presented. Jeff Connell, the Dakota County Planner, and Jim Backstrom of the Dakota County Attorney's office were present. Mr. Connell explained the proposal and it was noted that the Advisory Planning Commission recommended approval at its June 22 meeting subject to conditions. One change to the proposal showed the entire right -of -way of Rahn Road would be acquired and the road along the south line also would be provided, which right -of -way will be acquired during the platting process. It was suggested by the applicant that the Council approve the final plat subject to the acquisition of all necessary right -of -way. Egan moved, Wachter seconded the motion, to approve the amendment to the Mission Hills Planned Development and the preliminary plat of Dakota County Plat #1 conditioned upon the acquisition of the right -of -way on Rahn Road and on the south line of the property by the County prior to final plat approval and further it was suggested that Rahn Road be extended directly south as development occurs; further, subject to the following conditions: 2 Council Minutes July 20, 1982 0018G 1. The plat be subject to the Dakota County Plat Commission's review and comments because it abuts a County road. 2. A development agreement shall be completed prior to the final plat. 3. A detailed landscape plan shall be required and reviewed prior to the submission of the final plat. 4. The southerly extension of Rahn Road and the public street along the southern boundary must be ordered for improvement by Council action prior to final plat approval. 5. Sufficient right -of -way to incorporate the public street construction referenced above must be acquired prior to or dedicated as a part of the final plat. 6. The internal storm water pond must incorporate a ponding easement of sufficient area and capacity to provide 4.5 acre feet of storage capacity at a controlled outlet elevation of 906.2 and a maximum 100 -year flood elevation of 914.o. 7. A detailed grading and drainage plan must be approved by staff prior to final plat application. 8. All necessary drainage and utility easements must be dedicated as a part of the final plat. 9. This development shall accept its financial responsibility for trunk area storm sewer assessments and lateral benefit from trunk water main as determined by the rates in effect at the time of the final plat. All voted yes. SEE PLAT FILE The Council then discussed the request of the County for waiver of fees in the amount of $250 for the new courthouse facility. Noting that the City has not been waiving fees under similar circumstances except for the library, Wachter moved, Egan seconded the motion to deny the request for waiver of fees. All voted yea. 7 00187 Council Minutes July 20, 1982 EAGAN HEIGHTS COMMERCIAL PARK REZONING The application of Federal Land Company for rezoning from R -4, LB, and CSC to Planned Development for Eagan Heights Commercial Park at the southwest corner of Yankee Doodle Road and Lexington Avenue was then brought before the Council. Mr. Hedges introduced the application and noted the Advisory Planning Commission recommended approval at its June 22 meeting subject to numerous conditions. He reviewed the questions raised by the City Council at its July 6 meeting and additional written reports were submitted in the packet to the Council. No further information was found accompanying the 1968 appli- cation by Gerard Minea to rezone the property nor was there any official action concerning an alleged proposal for a 10 -acre ballfield site on the property for park purposes. The Park Committee recommended a connecting trail link from the Eagan Heights Addition north of Duckwood and also recommended a cash dedication for additional park purposes. Colbert stated that the first phase of the project could be handled by an internal storm sewer system with the second phase _to require ponding use on the north side of Yankee Doodle Road. Carl Dale, Martin Colon and others were present for the applicant. Mr. Dale indicated that there would be a meandering trail along the south line of the property; that the developer agrees to link the internal trail system to the City trails, and that all Park Committee recommendations are agreed upon by the developer. There would be no greater than 20% lot coverage; the open space would be subject to City approval as the development progresses; that the sliver of land that had been questioned would remain Limited Business and not be expanded to CSC; the developer agreed that Area 6 would remain R -4 use and there would be no change and that the overall density would comply with City Ordinance requirements. It was proposed that there would be a 7 to 10 year development period, the City would review all uses and site plans, and that a 650 foot buffer north of the existing R -1 area be included in the Planned Development to exclude specified uses. The developer also recognized the need for a conditional use permit for any building over three stories. Mr. Dale stated that the R -4 area will be reduced by about 17 acres to a total of about 16 acres. A number of neighboring property owners were present and had comments concerning the height of the building and had objections to motel use. Steve Klein was concerned about the need for active park land and also for the storm drainage system from the parcel. It was noted the internal pond could be increased in size to add additional runoff. Mike Wold was concerned about the 630 -foot buffer and the types of units permitted with Mr. Dale noting that only office and retail would be allowed but only office is being proposed. John Klein stated that his understanding was that the Park Committee had required a trail through the area and also active park land. It was noted the Park Committee is now recommending active park land to the south. Martin Colon indicated that the property owner would dedicate land when each plat is submitted as requested by the Park Committee according to City requirements. After extended discussion, Smith moved, Thomas seconded the motion to approve the application subject to the following: 9 010188 Council Minutes July 20, 1982 1. That there be provision for 650 foot area north of the R -1 zoned Duckwood Estates limiting the uses within that area. 2. That the R -4 zoning be retained in area 6. 3. That the Council consider the uses of all surrounding property in its determination concerning the application. 4. It is also understood that the sketch plan would not be acceptable with the specific comments about the inclusion of high -rise buildings noting that a conditional use permit is required. 5. A Staging Plan shall be submitted. 6. Prior to final approval of Planned Development Zoning by the City Council, a Comprehensive Plan amendment should bp obtained from the Metro Council. 7. The Environmental Assessment Worksheet should be approved by the City and applicable agencies prior to the rezoning of this property. 8. An analysis of the traffic generation information should be obtained from the Dakota County Highway Department prior to the rezoning. 9. A Planned Development Agreement shall be executed as provided by City Ordinance No. 52 prior to the final rezoning of this property. The developer has proposed that this Planned Development would exist for a period of 10 years. In addition, the Planned Development Agreement, which has been stan- dardized by the City, would provide for such matters as street dedication, development of sidewalks and trails and similar considerations and would also include the exhibits as submitted which would become a part thereof. 10. The Developer shall be required to dedicate an easement to the City, as illustrated on the "sketch plan ", for a trail connection between the Duckwood single family area and City's Deboer Park area. This shall be de- tailed in the Planned Development Agreement. 11. County Road #28 (Yankee Doodle Road) and County Road #43 (Lexington Avenue) shall be scheduled for upgrading to their ultimate design section prior to approval of Phase 4. 12. The abutting portion of Denmark Avenue shall be installed coinciden- tal with Phase 1 and /or Phase 4 respectively. 13. A 60 to 70 foot half right -of -way shall be dedicated for County Road 28 and County Road 43 as determined by Dakota County Highway Department. W1 x.89 Council Minutes July 20, 1982 14. A 75 to 80 foot internal right -of -way shall be required for the looped collector street. All other internal streets will require a 60 -foot right -of -way dedication. 15. This development will be responsible for the acquisition /dedication of the half right -of -way necessary to install Denmark Avenue when required by this development. 16. A ponding easement incorporating the 885.0 elevation will be re- quired adjacent to O'Leary Lake. Also, a ponding easement incorporating the 906.0 elevation will be required for the internal ponding area (D -y). 17. All other required drainage and utility easements shall be dedicated as determined by the staff. 18. A ponding easement for Pond DP -5 shall be dedicated to the City prior to the development of the second or subsequent phases. 19. An 8 -foot bituminous trailway shall be constructed along the north and east boundaries adjacent to Yankee Doodle Road and Lexington Avenue. 20. A 5 -foot concrete sidewalk shall be constructed along the west boundary of Denmark Avenue and adjacent to the internal looped collector street. 21. A trailway shall be constructed adjacent to O'Leary Lake in accord- ance with the recommendations of the Park and Recreation Committee. 22. This development shall assume its assessment responsibility as determined by the City assessment procedures associated with the installation of trunk utilities in accordance with the zoning and rates in effect at the time of final platting. 23. This development shall assume its assessment responsibilities asso- ciated with the upgrading of Yankee Doodle Road (County Road 28), Lexington Avenue (County Road 43), and /or Denmark Avenue as necessitated by the phased development of this PUD. 24. Internal driveway entrances onto the internal looped collector street shall be at locations as approved by the staff. 25. Adjacent to the R -1 zoning provide: a. 100 -foot minimum setback for buildings and parking. b. Berming for visual separation of building and parking. c. Evergreen planting in the above - described buffer zone by the end of the second phase of the development plan. 10 0 "1190 Council Minutes July 20, 1982 26. Any buildings over three stories in height shall be permitted only by application and compliance with Ordinance No. 52. 27. Preserve all existing ponds with the understanding that the small pond to the southwest will be considered in the detailed grading plan for that phase of development. 28. Lighting design shall ensure compatibility with residential neigh- borhoods. All members voted in the affirmative. R 82 -32 ST. PAUL PIONEER PRESS VENDING MACHINES Mr. Hedges introduced the subject regarding the application of St. Paul Pioneer Press /Dispatch for a special permit for location of newspaper vending machines in the City. It was noted that the City Council discussed the matter on June 15 when newspaper representatives were present and action had been taken regarding permit fees and recommendations that the newspaper submit an application for special permit approval. The Council again reviewed the issue on July 6 and it was noted that of eleven locations determined by the City staff to be unsafe and hazardous locations, that all vending machines had either been removed or moved to other locations. Newspaper representatives were present including James Delano and the attorney for the newspaper, Michaela Maenner. An application has been submitted for special permit approval but the representatives objected to the $500 maximum fee for all machines located within the City and recommended a $50 permit fee be the maximum fee for all vending machines. It was further noted that written and telephone objections have been received by the staff and City Councilmembers concerning the location of the machines including their hazardous and unsafe locations and the unsightliness of the vending machine boxes. It was noted the staff had been on the site of the vending machines at least two times and that considerable time had been spent by the staff in policing the locations. It was anticipated that there would be regular inspections required including processing of applications in the future, thus the reason for the maximum $500 fee with the understanding that each additional vending machine would require an additional $50 permit fee. In effect, with 50 boxes each would be $10 per year or approximately $.03 per vending machine per day. Egan then moved, Thomas seconded the motion to approve the application for special permit conditioned upon the compliance with the City ordinance including the submis- sion of the fee determined by the City Council for vending machine purposes based upon the reasons cited above. All voted yea. 11 Council Minutes July 20, 1982 WATER TREATMENT PLANT A second public hearing was held on July 13, 1982, to consider the construction of a water treatment plant for the purpose of iron and manganese removal. Extensive studies have been held including preliminary report and cost estimates with publicity by city -wide newsletters and the local newspaper together through press releases over the past year. It was noted at the July 13, 1982, meeting that 50 persons were present with only one objecting and 49 favoring the construction of the plant. One property owner was present at the current meeting indicating the Council had decided in March to have another survey and objected to the fact that the Council decided to proceed without an additional survey. Many other persons were present at the meeting and favored construction of the plant. After further discussion and review of the re- port, Wachter moved, Blomquist seconded a motion to authorize the firm of Bonestroo, Rosene, Anderlik & Associates to finalize the study covering alter- natives for the construction of the water treatment plant and further that the City Council and Public Works Director view other City water treatment plants in order to acquire additional cost and technical information regarding a quality facility; all according to the Resolution, a copy which is filed as Resolution # 82 -33 ; all voted in favor. R 82 -33 BANK DEPOSITORY Tom Hedges has noted that the City has received a request from First Bank Minnehaha that it be included as a bank depository for checking and payroll which is now a combined activity with MidAmerica National Bank of Eagan. Representatives of both MidAmerica and First Bank Minnehaha - Eagan were present and several options were discussed including maintaining the status quo and retaining all checking and payroll operations with MidAmerica Bank of Eagan; to separate the current checking accounts on a negotiated basis or to advertise for bids for banking services. It was noted about 19 banking insti- tutions are being used for deposit purposes. Councilman Smith stated that it was his understanding that MidAmerica Bank has been offering good service at a reasonable cost and saw no reason to change. Wachter moved, Egan seconded the motion to direct the staff to investigate the services of each of the two banks and to report back to the City Council., including any costs incurred by the City for services at either bank. All voted in favor except Smith who voted no. 12 O C 1.x.:6 F Council Minutes July 20, 1982 NORTHWESTERN NATIONAL BANK DRIVE -OP BANK MACHINE The application of Northwestern National Bank for conditional use permit for an instant cash machine at the Cedarvale Shopping Center was then con- sidered by the City Council. The Advisory Planning Commission at its June 22, 1982 public hearing recommended approval, subject to certain conditions. Thomas Hallbauer appeared for the applicant. He stated that the machine would be automatic without a staff person; that it would be 10 feet high and that it is located within an existing berm in the Cedarvale Center. Councilman Smith objected to the location within a berm which had been required by the City Council some years ago, and intended for landscaping purposes. He suggested that another location within the Shopping Center parking lot be designated for the drive up machine. Smith moved, Egan seconded the motion to deny the application because of the location within the berm and the fact that the current landscaped area is requested to be used for the machine locations. All voted yea. NORTHVIEW MEADOWS PRELIMINARY PLAT The application of Sienna Corporation for rezoning from R -3 Planned Development to allow 65 single family lots and 84 duplex lots and preliminary plat approval of Northview Meadows was then considered by the Council. The Planning Commission had recommended approval at its June 22, 1982 meeting subject to numerous conditions. Rod Hardy of Sienna Corporation, Mr. Brzinski of Suburban Engineering and Marshall Oaks of Ruscom Homes were present. Mr. Hardy indicated that the revised proposal would include 104 single family units and 64 duplex units on the 52 acre parcel. The duplex units would be 6,000 square foot minimum with the single family approximately 7 square foot minimums, noting the reduction in the current zoned requirements. The net density would be 4.9 units per acre with a gross density of 3.9 units per acre. A storm water runoff proposal has been prepared and the request was that the City construct the trunks but the developer would construct the street and utilities on the site privately. The northwest pond would be used temporarily for ponding purposes and possibly could be eliminated in the future, depending on the City's requirements. Mr. Oaks explained on behalf of the proposed developer, the current need is for single family homes of a smaller variety. He stated that the average size would be 850 square feet per unit with a minimum of 800 and a maximum of 1,000 square feet per unit. Mr. Wachter suggested that all storm ponds be made permanent to recharge the ground table. There was discussion concerning cul de sacs on the north end and a revision would provide for only one cul de sac. It was recommended the eyebrow be eliminated on Trenton Trail and that the City Council allow front yard variances to accomodate the elimination of the eyebrow. Gary King, a neighboring owner and several other owners were present and asked if precedent would be involved if lot sizes are cut down. Mr. Hardy stated that this provides for a reduction in density and that the property is zoned for R -3 use. There would be provision for double driveway and double attached garage and all units would have basements. After discussion, Thomas moved, Smith seconded the motion to approve the application as revised with the following conditions: 13 00193 Council Minutes July 20, 1982 1. That the eyebrow on Trenton Trail be eliminated and variances be allowed for setback purposes. 2. That the Council approve 104 single family units and 64 duplex units. 3. No setback variances or lot coverage variances should be granted on any lot except for topographic or vegetation hardships. 4. An amendment to the Lexington South Planned Development shall be prepared prior to final plat approval. 5. The plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts a County road. 6. A blanket variance or deviation shall be allowed to create the smaller single family and duplex lots in accordance with the planned develop- ment. 7. All easements shall be dedicated as requested by City staff. 8. The existing 20 inch trunk water main on the south side of County Road 30 must be extended to the east line of this proposed development and have a southerly extension through this development for its ultimate connec- tion to the existing 12 inch trunk water main located on Wilderness Run Road. 9. Wescott Hills Road shall be constructed between Braddock Trail and Trenton Trail. 10. Brandywine Circle South shall be shortened to conform to the maximum length of 550 feet. 11. The location and elevations of the stub street to the undeveloped property to the east shall be reviewed and approved by staff prior to final plat approval. 12. The northerly two cul -de -sacs in the northeast corner shall be eliminated through their extension and connection with each other and the Third cul -de -sac may be eliminated if it fits with a reasonable plan. 13. All public rights -of -way must have a minimum width of 60 feet with the exception of Wescott Hills Road which must have an 80 foot right -of -way dedicated adjacent to this plat. A minimum 60 foot half right -of -way must be dedicated for County Road 30. 14. Sufficient easements must be acquired to provide for the trunk water main extension along County Road 30. In addition, sufficient utility ease- ments must be acquired to provide for a connection of this development to Wilderness Run Road. 14 06194 Council Minutes July 20, 1982 15. An 8 foot bituminous trailway shall be constructed along the south side of County Road 30 from the northeast corner of this proposed plat to Northview Elementary School. 16. The necessary easements incorporating the proposed ponding area in the center of this plat of sufficient size and capacity as dictated by the internal storm sewer design must be dedicated as a part of the final plat. 17. This development shall accept its trunk area storm sewer, lateral benefit from trunk water main and all other assessments associated with the installation of streets and utilities necessary to service this development as a condition of final plat approval. 18. Wescott Hills Road street name shall be clarified so as to avoid confusion with Wescott Hills Drive North. Blomquist then moved, Egan seconded the motion to amend the motion to allow the developer the right to determine whether it is feasible to change the R -2 uses to R -1 at the time of the submission of the final plat. It was noted that Councilman Egan voted in favor of the Northview Meadows Preliminary Plat application because it would reduce density by reducing the single family lots. All voted in favor of the amendment except Wachter and all voted in favor of the main motion as amended, except Wachter. R 82 -34 JOHNNY CAKE RIDGE ADDITION - SETBACK VARIANCE SEE PLAT FILE The application of Orrin Thompson Homes for one foot variance from 10 foot side lot setback requirement for Lot 16, Block 2, Johnny Cake Ridge Addition was considered by the Council. Tim Kytonen of Charles Winden & Associates was present and explained the proposal. The Advisory Planning Commission recommended approval, noting the need to clean up the construction site on Cliff Road. Wachter moved, Thomas seconded the motion to approve the application for one foot setback variance, conditioned upon the cleaning of the Orrin Thompson Homes construction site on Cliff Road and moving it farther south to the staff's satisfaction the following: 1. No other variances shall be granted for the lot or the house. 2. That all other applicable ordinances must be followed. All voted yes. MOBILE MANUFACTURED HOME ORDINANCE REVISION - ORDINANCE #52 A proposed amendment to Ordinance No. 52 regarding Mobile Manufactured Homes approved by the Advisory Planning Commission on June 22, 1982 was sub- mitted to the Council for discussion. It was noted the Minnesota Legislature has mandated provisions in the Zoning Ordinance and that it will become effec- tive August 1, 1982. Staff recommended approval and there were no objections. Thomas moved, Smith seconded the motion to approve the amendment to Ordinance No. 52 as presented and order its publication. All voted yes, except Wachter who voted no. SEE ORDINANCE FILE 15 00195 Council Minutes July 20, 1982 LAKE PARK ADDITION - HELICOPTER PAD The City has received a complaint from the owner and developer of the Lake Park Addition, J. E. Parranto & Associates, Inc., regarding a helicopter pad presently located partially on one of the lots, or adjacent to lots in Lake Park Addition. The helicopter is operated by John F. Cedarberg, who owns a parcel that is an exception to the Lake Park lot and the developer has explained that it is a deterent to the sale of lots and of concern to resi- dents in the area. The City Attorney discussed certain aspects of the heli- copter use and indicated that it may be in violation of the Eagan Zoning Ordinance, it may create a nuisance for the area unless specifically licensed and approved, and it may be in violation of any licensing requirements for helicopter pads. Mr. Cedarberg was present and indicated that the helicopter has been there intermittently over the past 30 days and that he has acquired no permit for the location. Mark Parranto also appeared and stated he ob- jected and that the helicopter had been parked on neighboring property several times. It was also noted that Mr. Cedarberg may be operating a business on the location, as he explained. After review, Egan moved, Smith seconded the motion that the staff instruct Mr. Cedarberg to remove the helicopter within ten (10) days and if the helicopter is not removed, that the staff then would proceed with the necessary steps, including prosecution through MnDOT, Dakota County or the City, as necessary to effect the removal of the helicopter, based upon the fact that the helicopter pad is not licensed according to state requirements; that it is a nuisance for other owners and residents in the area; that it is not an approved use in the subdivision and that it is creat- ing safety, health and welfare problems in the area. All voted in favor except Thomas who voted no. CINNAMON RIDGE 31D ADDITION FINAL PLAT The City received an application for final plat approval from Cinnamon Ridge 3rd Addition and the staff recommended approval. Steve Ryan was present and stated that there was no pipeline that will interfere with the project as had earlier been questioned. Several neighboring property owners were present and had concerns about the pipeline, about the berm that was provided to be built along the freeway and also recommended that the berm that was provided be built along the freeway as included in the original plan. Mr. Ryan stated the berm will be built as proposed. Smith moved, Egan seconded the motion to approve the final plat, subject to compliance with the City Ordinance require- ments. All voted in favor. R 82 -35 SEE PLAT FILE BURNSVILLE /EAGAN CABLE COMMISSION UPDATE Mr. Hedges gave a very brief update on the BECC activities to date. No action was taken. 16 00196 Council Minutes July 20, 1982 IMPROVEMENT #82 -7 - CINNAMON RIDGE 3RD ADDITION STREETS & UTILITIES The plans and specifications for Improvement #82 -7 regarding streets and utilities in Cinnamon Ridge 3rd Addition have now been presented for approval to the City Council. The staff recommended approval. Smith moved, Thomas seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened on Monday, August 16, 1982 at 10:30 a.m. at the City Hall. All voted yes. IMPROVEMENT #82 -6 - WELL NO. 7 Mr. Colbert presented the four bids on Deep Well No. 7 under Improvement Project 358, City Contract No. 82 -6 and noted that no bids were submitted for the alternative providing for rotary drill for the well. It was recommended that the low bid be approved because it was considDrably under the estimated cost and that the Council will determine in the future whether to proceed with the other wells. Smith moved, Wachter seconded the motion to receive the bids and to award the contract to Keys Well Drilling Co. in the amount of $96,542.00. All voted yes. CONTRACT #82 -8 - 1982 SEAL COATING The staff recommended to the City Council that the bids that have now been received be accepted including alternates No. 1 and No. 2, noting that 0.8 miles of gravel road to be double seal coated was included in the cost estimates amounting to $16,169.76. It was recommended that the low bid of Allied Blacktop Company in the sum of $130,000.66, including alternates 1 and 2 be approved. Smith moved, Wachter seconded the motion to approve the recom- mendation and award the Contract. All voted in favor. WORKER'S COMPENSATION AND GENERAL LIABILITY INSURANCE Mr. Hedges indicated that the City has now received a bid through Valley View Insurance Company for Worker's Compensation and General Liability noting that the only increases for Worker's Compensation was due to the hiring of additional employees budgeted in 1982. Staff recommended approval of the entry into the insurance contract. Egan moved, Wachter seconded the motion to approve the renewal of the Worker's Compensation and General Liability Insur- ance for 1982 -83 with Valley View Insurance Company in the sum of $104,126.00 and other insurance carriers covering various casualty policies for the City. All voted in favor. 17 00197 Council Minutes July 20, 1982 INDUSTRIAL REYBNU FINANCING - LETTER OF CREDIT The Council again reviewed the earlier request that the Council amend its industrial revenue financing policy to authorize the use of letters of credit for additional security and provide for public offering of industrial revenue bonds. The council only allows private placement of such industrial revenue financing. A letter from Miller & Schroeder dated July 9, 1982 was reviewed and an explanation of the financing was given by Roger Winges of Juran & Moody. Mr. Winges stated that letters of credit are used as a guarantee by a Bank for as long as the letter of credit is in existence and in the event of default, the bank will assume the position and will guarantee the payment to the bond holders. The rating used is the bank's bond rating. It was noted that the Comptroller of the Currency is reviewing the letter of credit method and no decision has been made in that respect. After discussion, Smith then moved, Thomas seconded the motion to amend the Eagan Industrial Revenue policy to allow for public sales of industrial revenue bonds with incentive letters of credit with the understanding that the City Fiscal Consultant will review and make recommendations as to each such bond issue application. All voted yes. + RIVER HILLS 9TH ADDITION Dick Becker and others from River Hills 9th Addition appeared and indi- cated that the residential owners in the subdivision are now experiencing very serious noise problems from Trunk Highway #77 because trees have been cut down by the Power Company along the berm on the Trunk Highway #77 allignment. They asked for assistance from the City Council requesting the Minnesota Department of Transportation to provide an adequate berm to substantially reduce the noise impact on the River Hills 9th Addition. The Staff was requested to investigate the issue and make contacts with MnDOT reqarding the proposal. ANNUAL PERMITS FOR SETUPS AND 3.2 BEER The staff was requested to investigate further the request of St. John Neumann Parish for the adoption of an ordinance providing for a consumption and display set up license on a temporary basis and also, the suggestion that temporary 3.2 beer licenses be issued on an annual basis. A proposal will be submitted to the Council. PILOT KNOB SHOPPING CENTER - OFF -SALE LIQUOR LICENSE A letter from Kraus Anderson Realty Company requesting that the City Council authorize representatives of Kraus Anderson to appear before the Council to explain reasons for the revision to its off -sale liquor license policy to provide for an MGM Off -Sale Liquor store in the Pilot Knob Shopping Center was discussed. The Councilmembers indicated that they did not see any change in conditions and it had already turned down the request at an earlier meeting when representatives of MGM Warehouse were present at the meeting. 18 Council Minutes July 20, 1982 PROJECT #353 - T.H. #55 UTILITY REVISIONS 00198 Mr. Colbert indicated that bids had been received for salvaging the existing water main presently in place on Trunk Highway #55 but that it was determined to be economically unfeasible to try to salvage the old water main. Therefore, he requested the Council authorize the execution of an addendum to the Cost Participation Agreement with MnDOT to cover this change. Upon motion by Egan, seconded Wachter, it was resolved to approve the Resolution deleting the salvaging of water main material under Project 4353, MnDOT Cost Participa- tion Agreement No. 60740, and authorize the Mayor and City Clerk to execute the Resolution. All voted yes. R 82 -36 TOMARK SECOND ADDITION - PARK FEE REQUIREMENT Representatives of Landteck Corporation, the developer of Tomark Second Addition appeared and again requested that the City Council defer the require- ment that the park dedication fees be paid at the time of the final plat approval of the Second Addition, but they be paid at the time of the acquisi- tion of the building permits. The City Council had authorized the deferment provided that a letter of credit be posted. The representatives indicated that a letter of credit would be no different than paying the fees up front and that in light of their very serious economic plight, that the Council authorize the deferment without a requirement of a letter of creidt. Council members indicated that a very serious precedent could be set and it would not change its previous resolution regarding the request. No action was taken. CHECKLIST Wachter moved, Thomas seconded the motion to approve the following Checklist dated June 30 and July 20, 1982 All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:15 a.m. All voted yea. PHH Secre Vy 19