06/21/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 21, 1983
A regular meeting of the Eagan City Council was held on Tuesday, June 21,
1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City
Administrator Hedges, Public Works Director Colbert, Consulting Engineer
Rosene and City Attorney Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the Agenda as
presented. All voted. yes.
MINUTES
The minutes of the June 7, 1983 regular City Council meeting were
presented and the following revisions were made: Page 7 concerning Cedar
Grove 1st and 2nd Addition, it was noted that Mayor Blomquist stated that
earlier meetings had generally favored concrete curb and gutter, but persons
responding to a recent survey generally were opposed. Page 17 regarding
Public Works maintenance vehicles, number 2 should read, Two one-ton 4 x 4
dump trucks with front end plow. Upon motion by Wachter, seconded Smith, it
was resolved that the minutes as amended be approved. All voted yea. Upon
further motion by Egan, seconded Wachter, it was resolved that the minutes be
amended to provide that the City advertise for bids for the utility and street
maintenance vehicles to be opened on Thursday, July 14, 1983 at 2:00 p.m. at
City Hall. All voted in favor.
FIRE AND POLICE DEPARTMENT
1. Emergency Communication Response Unit. Representatives of the
Police Department and Fire Department were present, including Sergeant Pat
Geagan, who made a presentation recommending authorization for purchase of a
used bus for an emergency communication response unit to be used as emergency
vehicle. The intitial cost would be $3,475.00 for an available bus and noted
that the long-range program would be for police, fire and civil defense use.
It was also noted that several civic organizations have expressed an interest
in contributing money to equip the unit and it was estimated that the
approximate cost of a functional unit would be $10,000.00. Wachter moved,
Egan seconded the motion to authorize the acquisition of a used bus as
proposed, noting that it was understood that the bus could be housed in the
old town hall on a temporary basis. All voted yes.
2. Self-contained Breathing Apparatus Unit. Fire Chief Bob Childers
was present and recommended the acquisition of a self-contained breathing
apparatus devices with an estimated cost of $4,000.00 each for 3 units. He
noted it was a budget item in 1983 and it was proposed to be included in the
proposed sale of equipment certificates. After review, Smith moved, Wachter
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June 21, 1983
seconded the motion to authorize the City to advertise for bids for 3 units as
proposed. All voted in favor.
3. Fire Station No. 1, Roof. District Chief Ken Southern was present
and recommended the City Council authorize the award of a quote for the repair
and reconstruction of the entire fire station #1 roof. He noted two
quotations had been recieved. One from Befort Roofing for $500.00 for repair
only, and $3,250.00 for reconstruction. Another quote was received from Les
Jones Roofing Co. at $760.00 for repair and $5,300.00 reconstruction. Smith
moved, Thomas seconded the motion to authorize the award of the contract to
Befort Roofing for the complete reconstruction. However, after discussion,
the motion was withdrawn and Smith then moved, Thomas seconded the motion to
give concept approval to the reconstruction of the roof and request the
building department to review the quotations and to resubmit the proposal to
the Council for final approval. All voted yea.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval.
1. Annual Sign Permit Renewals. Annual sign permit application
renewals for 114 ground signs, 246 building signs, 59 business pylon signs,
and 33 advertising signs, were submitted and recommended to the Council for
approval.
2. Joint Use Rental Agreement - MWCC. The MWCC has recommended the
execution of a Joint Use Rental Agreement from January 1, 1983 through
December 31, 1987 for interceptor sewer and it was recommended that the lease
be approved at $250.00 per year and the execution of an agreement evidencing
the renewal. SEE AGREEMENT FILE
3. Project #379 - Hillcrest Addition - Feasibility Report. It was
recommended that the feasibility report for Project #379, Hillcrest Addition,
streets and utilities, be received and the public hearing be scheduled for
July 19, 1983 at 7:00 p.m. at the City Hall.
4. Clearview Addition - Plat Extension. The preliminary plat of
Clearview 3rd Addition was scheduled for renewal and a request was submitted
from Mr. Joseph Peterson for extension of one additional year for the filing
of the final plat. The staff recommended that the matter be continued to
allow Mr. Peterson to submit his final plat and complete the requirements.
Upon motion by Egan, seconded Blomquist, it was resolved that the
application for extension be continued until the next regular meeting to allow
Mr. Peterson to proceed with the preliminary plat and to explain the reason
for the request for extension. All voted in favor.
5. Contractors Licenses. The staff recommended approval of the general
contractor license applications according to the list of applicants attached
to the packet.
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June 21, 1983
6. Pilot Knob Shopping Center - I.R. Financing. It was recommended
that the request of the developers of proposed Pilot Knob Shopping Center that
the preliminary resolution for the financing be extended for one additional
year according to the letter received from attorney Richard Korsh dated June
9, 1983. It was noted that Council members were concerned about the
possibility that the developer would revise its application from that
originally proposed.
7. Fourth of July - 3.2 Liquor License. An application had been
received from the Fourth of July Association for non-intoxicating malt liquor
license for July 1 through July 4, 1983 and it was recommended that the
application be approved.
8. Summer Playground Staff Positions. The supervisory staff of the
Park and Recreation Department has recommended the approval of summer
playground staff positions according to the schedule provided by Park Director
Vraa in his letter of June 1, 1983.
9. Blackhawk Oaks - Streets and Utilities - Project 4376. A
feasibility report for Blackhawk Oaks streets and utilities has been submitted
to the Council and it was recommended that it be received and that the public
hearing on the report be scheduled for July 19, 1983 at 7:00 p.m. at the Eagan
City Hall.
10. Eagan Industrial and Trapp Road - Street and Utility Vacation. The
developer of Eagandale Office Park has requested that certain streets and
three utility easements be vacated as a part of the revised preliminary plat
for a portion of Eagandale Center Industrial Park. The staff recommended that
the Petition be received and that the Council schedule a public hearing to be
held on July 19, 1983 at 7:00 p.m. at the Eagan City Hall.
11. MnDOT Agreement - I-35E Fill Material. It was noted that under
Contract #83-8 for installation of streets and utilities on Blackhawk Road,
south of Diffley Road., that about 10,000 cubic yards of extra material is
necessary to construct the roadway and it was recommended that it be acquired
from I-35E right-of-way, adjacent to Blackhawk Road. An Agreement concerning
the borrowed material was submitted and recommended for approval and it was
recommended that MnDOT's limited use permit for the material from I-35E right-
of-way be approved and to authorize the Mayor and City Clerk to execute the
permits.
12. Water Treatment Plant Alternate Bid - Change Order #1. The staff
recommended the City Council approve a Change Order to Contracti3-l for the
installation of other acceptable brands of pump and filter control equipment
with a deduct of $200,000.00.
Upon motion by Thomas, seconded Wachter, it was resolved that the
foregoing Consent Agenda items as recommended, be approved and that the staff
be authorized to implement the recommendations. All voted in favor.
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June 21, 1983
COUNTRY STANDARD SERVICE STATION - CONDITIONAL USE PERMIT RENEWAL
City Administrator Hedges explained that a meeting had been held between
the owners of the Country Standard Service Station, neighboring residents,
Dale Runkle and Paul Hauge on June 20, 1983 concerning proposed conditions for
the approval of the Country Standard Conditional Use Permit. He noted that
progress had been made and it was recommended that the Council continue the
application until the regular July 19, 1983 meeting. Upon motion by Egan,
seconded Thomas, it was resolved that the recommendation be implemented. All
voted yea. Ron Miller, a neighbor, was present and commended all involved for
their cooperation and he favored the continuance.
AIR TRAFFIC NOISE
Mr. Hedges reviewed with the Council the action that was taken by the
City Council at its last meeting of June 7, 1983 directing a letter to Tim
Anderson, the manager of Noise Abatement Environmental Affairs of the
Metropolitan Airports Commission regarding the City of Eagan's strong concern
about increased noise by aircraft takeoffs and landings over the City in
recent weeks. A copy of the letter from Mr. Hedges to Mr. Anderson dated June
8 was discussed, as well as the reply of June 15 from Tim Anderson. A number
of interested persons were present and it was noted that the MAC is
experimenting for a period of about two years to disburse traffic to a greater
extent around the airport. John Gustafson of Woodlark Lane requested that a
Resolution be prepared and submitted to the MAC requesting the MAC restore the
former traffic pattern. Don Giblin suggested that more information be
required concerning the percentage of traffic in the area and also that a
possible hearing be scheduled for and interested residents. Tom Baker, the
Eagan MASAC Board Member, explained the MACs action in recent months,
including a proposal to lengthen one of the runways, but indicated that
proposal had now been abandonded. He stated that Eagan has born about 55% of
the airport traffic in the last two years and had strong concerns about the
future of air traffic proposed to be disbursed across Eagan. Other residents
also spoke in opposition to the recent experiment of traffic patterns and it
was noted that Eagan's Comprehensive Plan was prepared prior to the current
air traffic patterns being set up. It was also suggested that there be more
publicity in the local newspaper regarding the matter. Blomquist moved,
Thomas seconded the motion that the staff prepare a Resolution covering the
City's position expressing its strong concern regarding air traffic over the
city and further, that a legal memorandum be prepared concerning liability and
property rights issues regarding the increased disbursal of traffic over the
City, including the remedies of the City due to the increased number of
flights and resulting airplane noise. All voted in favor.
PHILLIP SWIGGUM - WAIVER OF PLAT
The application of Phillip Swiggum to subdivide a duplex home for
owner/occupancy on Lot 4, Block 1, Wilderness Run 5th Addition, was
recommended for approval by the Advisory Planning Commission on May 24, 1983
subject to certain conditions. Mr. Swiggum was present and there were no
objections. Smith moved, Wachter seconded the motion to approve the waiver of
plat application, subject to the following recommendations:
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1. All necessary easements shall be dedicated to the City as
recommended by City staff.
2. All applicable ordinances must be complied with.
All voted yea. R 83-38
PARK CLIFF 2ND ADDITION - REZONING AND PRELIMINARY PLAT
The application of Parkcliff Development Co. and Richard Winkler for
rezoning from R-1 to R-1 PD and to allow a deviation in the R-1 zoning
requirement and revision to the Park Cliff 2nd Addition preliminary plat
consisting of 21.5 acres was presented to the Council. Mr. Hedges introduced
the proposal and noted that the Advisory Planning Commission advised the
developer to withdraw the application for rezoning and revise the lots so that
they meet the minimum 12,000 square foot requirements. Meetings have been
held with the staff and developer and a revised plat has now been submitted.
Mr. Winkler was present and formally requested the withdrawal of the
application for rezoning and noted the second phase provides for 35 lots with
an average of 18,489 square feet per lot. After discussion by the Council,
Bruce Cords and a neighbor presented a review of the neighbors' written
statement of June 17, 1983 objecting to certain aspects of the proposal. They
objected to the increase in the number of lots, the allegation that the
developer had misrepresented the revised configuration for the proposed lots
in the proposed second addition and recommended The Dakota County Park
Department give comments concerning lots adjoining the park. They also
suggested an option with an increase in four lots from 41 to 45 lots, and the
lots bordering the Dakota County Park be maintained, according to their
original proposed sizes. Councilman Wachter was concerned about the developer
not following through with his original plan to the detriment of the neighbors
and also was concerned about the 10% street grade for about 900 feet. It was
noted that the plat appeared to fulfill the minimum requirements under the
platting ordinance, except the 10% street grades and there was extended
discussion concerning remedies by the neighboring property owners concerning
misrepresentation. It was noted the City could not be involved in such claims
and Thomas then moved, Egan seconded the motion to approve the withdrawal of
the application for rezoning and to approve the application for preliminary
plat approval, subject to the following conditions:
1. A Developer's Agreement shall be prepared and signed prior to final
plat approval.
2. All easements shall be dedicated as requested by City staff.
3. The trail shall be constructed in accordance with the recommendations
of the Advisory Park Commission and City Engineer's standards.
4. All other City ordinances shall be adhered to.
5. The plat shall be subject to a formal review by Dakota County Plat
Commission because the plat abuts Cliff Road.
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6. A detailed set of plans and specifications for the streets and
utilities shall be prepared by a professional engineer and reviewed/approved
by City staff prior to final plat approval.
7. A ponding and utility easement shall be dedicated to incorporate 2.1
ac/ft. and a 956.5 elevation within Block 1.
8. A 75 foot half right-of-way shall be dedicated adjacent to Cliff
Road.
9. The variance from the Subdivision Ordinance to allow a maximum 10.0%
street grade is approved.
10. Common lot line drainage and utility easements shall be dedicated on
the final plat as required by City staff.
11. All trunk related assessments determined to be the obligation of the
development of this subdivision shall be accepted at the rates in effect at
the time of final plat approval based on final plat dimensions and area
calculations.
12. A trailway connection to the Dakota County Regional Park shall be in
accordance with the recommendations of the Park and Recreation Committee.
All voted in favor except Wachter who voted no. The application for
grading permit for the subdivision was then submitted. Upon motion by Smith,
seconded Thomas, it was resolved that the application be approved for Park
Cliff 2nd Addition, according to the City ordinances and staff requirements.
All voted yea. SEE PLAT FILE
DUCKWOOD TRAIL PLANNED DEVELOPMENT
An application from the developers of Duckwood Trail P.D. project for
revision to the planned developement and preliminary plat approval of Duckwood
Trail 2nd Addition was submitted to the Council. Ron Erickson of Korsunsky,
Krank and Erickson Architects, appeared on behalf of the applicants as did the
Engineer and Scott Bader. Mr. Erickson displayed the former plan with 58
townhouses and a 90 unit apartment building. The proposal now is to build two
buildings with 81 units each consisting of rental apartments, each three
stories with underground parking, including approximately 8 acres proposed to
be dedicated to the City for park purposes. Mr. Erickson proposed two parking
spaces per unit with a condition imposed upon the project that one parking
space would be required with each rental unit. In addition, he requested that
all assessments levied against the area proposed for park be transferred to
the existing Duckwood Trail buildings for reassessment. He noted the proposed
park land was not required to fulfill park land requirements but would be of
benefit to the general area including the Duckwood Trail apartments, and
requested that review of the proposed development of the park be submitted to
the developers for comments.
In addition, it was noted that an area for 77 future parking spaces is
being provided and the staff recommended that in the event that it becomes
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June 21, 1983 Ito
necessary to add additional parking, that space for the 77 units be included
under the same title as the apartment project so as to assure that the parcel
will not become tax delinquent and also will be available for parking with the
apartment project.
Mr. Erickson indicated the north access to Lexington Avenue may be
abandoned because of safety purposes and staff recommended against the access,
which would then result in a long cul-de-sac. There was support from
neighboring property owners for the project, including the park proposal.
Smith moved, Thomas seconded the motion to approve the application, subject to
the following conditions:
1. A development agreement shall be entered into prior to the final
plat.
2. Outlot A shall be conveyed to the City as parkland, free of all
liens, encumbrances, taxes or assessments.
3. An underground parking space shall be required with the rental of
each dwelling unit in order to allow only one outside parking space per unit.
4. The plat shall be subject to Dakota County Plat Commission's review
and comment because the plat abuts a county road.
5. A detailed landscape plan shall be required and an adequate
landscape bond be submitted and not released until one year after the
landscaping has been completed.
6. The architectural scheme and materials shall be incluided with this
planned development amendment to insure the buildings are constructed in
accordance with the proposed plan.
7. A 20 foot green area shall be provided from the right-of-way of
Duckwood Trail and the beginning of the parking lot area.
8. The existing storm sewer outlet for O'Leary Lake shall be relocated
at the developer's expense in accordance with City approved plans and
specifications.
9. All necessary additional drainage, utility and ponding easements
shall be dedicated on the final plat.
10. Any existing drainage, utility or ponding easement that must be
vacated shall be done so prior to or at the time of final plat approval at the
expense of the developer.
11. The access onto Lexington Avenue shall be eliminated and the
northerly parking lot redesigned to provide for a cul-de-sac turnaround.
12. This development shall pay in full all outstanding assessments which
are the responsibility of the land to be dedicated to the City as park
property or may shift the assessments to the land containing the existing
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June 21, 1983
Duckwood Trail apartments, at the option of the developer.
13. Concrete curb and gutter shall incorporate all hard surfaced parking
lot and driveways.
14. Parking lot stalls shall be a minimum of 10 x 18 feet.
15. Appropriate permits from the DNR and Army Corps of Engineers and any
other agencies necessitated by any filling of O'Leary Lake shall be obtained
prior to final plat application.
16. Detailed grading, drainage and erosion control plans with detailed
plans and specifications for internal storm sewer design shall be reviewed
minimizing the impact on O'Leary Lake and approved by staff prior to final
plat application.
17. Outlot A shall be graded and seeded by the developer as approved by
the City within 30 days of final plat approval.
18. The land designated proposed parking shall be included in the title
to the land whereon the two proposed apartment buildings are intended to be
constructed in Duckwood Trails 2nd Addition so that there would be a guarantee
that additional parking would be available and to avoid the potential of
delinquent taxes and assessments, all to be approved by the City.
All voted in favor. SEE PLAT FILE
SUNSET ADDITION - REZONING AND PRELIMINARY PLAT
The application of Arlene R. Krecklau to rezone from A (Agricultural) to
R-1 (Residential Single) and preliminary plat approval of Sunset 2nd Addition
consisting of 5 acres was brought before the Council. Brad Swenson, Surveyor,
and Ms. Krecklau were present. The Advisory Planning Commission recommended
approval, subject to conditions, at its May 24, 1983 meeting. There were no
objections and after review, upon motion by Thomas, seconded Egan, it was
resolved that the application for rezoning be approved; further resolved that
the application for preliminary plat be approved, subject to the following
conditions:
1. No variances shall be allowed for side setbacks except for topo-
graphic or vegetation reasons.
2. The plat shall be subject to the Park Commission's review and recom-
mendations.
3. A development agreement shall be entered into and signed by the
applicant prior to final plat application.
4. An approved detailed erosion control/grading plan shall be received
prior to final plat approval.
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June 21, 1983
5. Storm sewer shall be required to be extended from the trunk storm
sewer within Golden Meadow Road to provide for drainage for this development.
6. The water main shall be stubbed to the south boundary line of this
development.
7. If installed privately, the plans and specifications for the utili-
ties and streets shall be prepared by a registered engineer and approved by
the Engineering Department.
8. If previously not dedicated, the 25 foot half right-of-way for
Hackmore Drive shall be dedicated as part of this final plat along with the
right-of-way for Kirsten Court.
9. Sufficient easements shall be dedicated along all property lines and
rights-of-way lines, according to City requirements.
10. This development shall accept its responsibility for trunk area
storm sewer assessments at the rates which are in effect at the time of final
plat approval.
11. All costs for installing the internal utilities and streets shall be
the sole responsibility of this development.
R 83-39
All voted in favor. SEE PLAT FILE
ROBIN LANE 1ST ADDITION - PRELIMINARY PLAT
The application of Metram Properties for preliminary plat approval of
Robin Lane 1st Addition consisting of 9.63 acres with two apartment buildings,
including 112 dwelling units and 10 townhouse units was next considered by the
Council. Ron Erickson of Korsunsky, Krank and Erickson, was present on behalf
of the applicant and reviewed the project with the Council. He indicated it
would consist of two condominium buildings with 56 units per building and 10
townhouses on land currently zoned R-14 and R-3. He indicated that the plan
had now been revised to provide that the garage entrance for the southerly
building be on the east and that no variances are being requested. Residents
from the existing Shannon Glen Condominium project were present and indicated
that there were no objections in that the garage entrance had been moved to
the east. There was discussion concerning access to the site noting it will
come from Robin Lane rather than Silver Bell Road. The Advisory Planning
Commission recommended approval, subject to certain conditions. There were
also comments concerning the 800 foot private street, but it did not appear
that there was any alternate access. Wachter moved, Smith seconded the motion
to approve the application, subject to the following conditions:
1. A development agreement shall be signed and entered into prior to
final plat approval.
2. Robin Lane shall be upgraded in order to provide proper access to
this development.
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June 21, 1983
3. The parking spaces shall be in conformance with the Eagan City Code
which is a 10 foot x 20 foot dimension.
4. The applicant shall conform to City Code for condominium parking.
5. A detailed landscape plan shall be submitted and approved by City
staff and an adequate landscape bond shall be submitted and not released until
one year after the landscaping has been completed. The landscaping plan shall
include buffer between the parking area and the Shannon Glen No. 1.
6. The plat shall be subject to the Park Commission's review and com-
ment for park dedication and tot lots if appropriate.
7. An approved detailed erosion control/grading plan shall be received
by City staff prior to final plat approval and coordination be entered into to
resolve drainage in hording Shannon Glen area.
8. If the utilities and streets are to be installed privately, then
plans and specifications prepared by a registered engineer shall be submitted
to the Engineering Department for approval.
9. The proposed internal platted street shall be a minimum of 28 feet
wide with concrete curb and gutter and bituminous surfacing.
10. The parking areas shall have concrete curbing around the perimeter
with any interior islands consisting of concrete curbing also.
11. The entire right-of-way of Robin Lane shall be dedicated as a part
of the final plat.
12. A minimum of a 20 foot utility easement shall be required over all
water main, sanitary sewer and storm sewer to be constructed within this
proposed development.
13. Ten foot utility easements shall be dedicated adjacent to all public
right-of-way with a minimum 5 foot utility and drainage easements being dedi-
cated along all exterior lot lines and 10 foot utility and drainage easements
dedicated over all interior lot lines.
14. A ponding easement shall be granted to encompass the 840.0 foot high
water level elevation of Pond AP-38.
15. This development shall be responsible for its additional storm sewer
trunk assessment resulting from upgrading of zoning from residential to mul-
tiple.
16. All costs for installation of internal utilities and streets shall
be the sole responsibility of this development.
All voted in favor.
SEE PLAT FILE
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June 21, 1983
MALLARD PARK 2ND ADDITION - REZONING AND REPLAT
The application of Tollefson builders to rezone from R-1 (Residential
Single) to R-1 PD (Residential Single-Planned Development) to deviate from the
R-1 zoning standards and for replat of Mallard Park 4th Addition, formerly
described as Mallard Park 2nd Addition, was next considered. The Advisory
Planning Commission recommended approval of both applications, subject to
certain conditions. Bill Dolan appeared, as did Carl Tollefson on behalf of
the applicant. Mr. Dolan stated that the plat is surrounded by R-4 and R-3
uses and smaller single family lots. Formerly there were 42 lots in the plat
proposed to be replatted to 54 lots in two separate additions. The average
lot size is 13,657 square feet with a minimum lot size for a number of lots of
9,000 square feet and 65 foot minimum width. He also stated there would be a
need for cross maintenance agreements for the service connections where
necessary for water and sewer house connections. Mr. Dolan stated the land
currently provides for R-II land use and that the location is conducive for
smaller lot sizes; further, that there are larger rear yards, even though
widths of some front yards may be narrower than the minimum R-1 requirement.
Smith moved, Egan seconded the motion to approve the application for rezoning,
subject to the Advisory Planning Commission recommendations. Those in favor
were Smith and Egan. Those against were Wachter, Blomquist and Thomas, and
the motion failed. Mayor Blomquist indicated she opposed the cross service
connections and Councilman Wachter opposed the 65 foot minimum lots.
WALDEN HEIGHTS - FINAL PLAT
The application of Sienna Corporation for final plat approval of Walden
Heights Subdivision located west of Twin View Manor and south of Cliff Road
was brought before the Council. The staff had reviewed the application and
all the necessary documents and recommended approval. Smith moved, Wachter
seconded the motion to approve the final plat application for Walden Heights
1st Addition, subject to compliance with all City requirements. All voted in
favor. R 83-40
SEE PLAT FILE
NORTHVIEW MEADOWS - FINAL PLAT
The application of Sienna Corporation for approval of the final plat of
Northview Meadows, adjacent to Diffley Road was next considered by the
Council. The staff again recommended approval, subject to compliance with all
city requirements. Egan moved, Thomas seconded the motion to approve the
application, subject to the recommendations of the staff. All voted in favor.
R 83-41
NORWEST ADDITION - FINAL PLAT SEE PLAT FILE
The application for final plat approval of Norwest Addition was then
considered by the Council. Mr. Walter Kiuse, Larry Kranning and others on
behalf of Third Norwest Bank were present. Mr. Hedges indicated that there
was no resolution of the park dedication policy requirement for commercial
property and a specific request had been made by Mr. Kluse for waiver of the
fee in that the application for preliminary plat approval was approved on
December 21, the same night the Council determined that it would require park
dedication fees for commercial and industrial property. It was noted that
R 83-42
SEE PLAT FILE
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June 21, 1983
$10,645.00 in park dedication fees for both lots in the addition would be
required and Mr. Kluse requested deferral of payment on the lot yet to be
developed. Councilmembers discussed the potential for leaving the undeveloped
lot as an Out lot and require payment of the fee at the time of the replat of
the Outlot for development purposes. It was noted that the subdivision had
originally been approved as a planned development with underlying Agricultural
zoning on the undeveloped parcel. After discussion, Smith moved, Thomas
seconded the motion to defer the park dedication fee for the undeveloped
parcel provided that the plat is revised to designate that parcel as an
outlot, and further that Outlots A and B intended as public and private
streets, would not require park dedication fees; further, that the application
for final plat be approved, subject to the foregoing condition and all city
requirements. All voted yes.
DAKOTA COUNTY PLAT #1 - STREETS AND UTILITIES
The bids were received on June 16, 1983 for Contract #83-6 consisting of
the Dakota County Plat #1 streets and utility improvements, and in addition,
sidewalk along Rahn Road. There was discussion concerning the inability to
acquire the slope easement from the Burow family along Rahn Road, and City
Attorney Paul Hauge indicated that there has been no success in the
acquisition of the easement. Mr. Colbert recommended the award of the
contract to Austin P. Keller Construction Co. on the basis of the base bid of
$214,199.00 and to authorize further negotiation with potential deferral of
the assessment in return for the acqusition of the easement; further, if the
City is unsuccessful, that the council then award the contract to Austin P.
Keller Construction Co., on the basis of the Addendum #1 Bid of $212,694.00.
Wachter moved, Egan seconded the motion to approve the foregoing staff
recommendations and order its implementation. All voted in favor.
ROBIN LANE - CONTRACT #83-7
The plans and specifications for Project #83-7 consisting of street
improvements for Robin Lane were submitted for approval. Mr. Colbert
recommended continuance, noting that the easement from the Herbert Bergstrom
family has not been acquired at the present time. Egan moved, Thomas seconded
the motion to continue the discussion on approval of the plans to July 5,
1983, to allow the staff additional time to acquire the necessary easements.
All voted yes.
LONE OAK HEIGHTS GRADING PERMIT
The application of Balfany Development, Inc. for grading/excavation
permit to allow grading operations to begin in the proposed Lone Oak Heights
Development prior to final plat approval, was submitted. Mr. Balfany was
present and there were no objections. Wachter moved, Egan seconded the motion
to approve the application, subject to City requirements. All voted yes.
ANCON VS. CITY OF EAGAN
City Attorney Paul Hauge stated that the City had been noticed of an
appeal to the Supreme Court by Amcon and O.J. Sporting Goods of the Order of
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District Court Judge Pavlak of May 17, 1983 in favor of the City, refusing to
rezone the underlying zoning of the Amcon parcel from Agricultural to Roadside
Business. A letter from Luther Stalland, the attorney for the owners was
distributed to the Council requesting that the Council stipulate that in the
event that the owners were to submit an application for the rezoning as
requested, that the Council would summarily deny the application.
Councilmembers noted that there is an appeal pending before the Minnesota
Supreme Court and that no application has been submitted for such rezoning.
The councilmembers also indicated that they did not deem it appropriate to
take action on the request for the execution of such a Stipulation because of
the pending appeal and potential exposure on behalf of the Council that
procedures had not been followed according to state law and ordinance for the
potential rezoning of the property.
MEADOUVIEH ROAD PARKING PERMIT - PARKING PROPOSAL
Dr. Bud Appleton directed a letter to the City Administrator requesting
the Council allow permit parking on a lower portin of Meadowview Road for
access to the fishing areas in the Highway #13 vicinity. He suggested that
the Council remove the no parking areas and propose permit parking. The
Administrator was directed to review alternates concerning parking the area.
KEEPING OF ANIMALS
A City resident has directed a letter to the staff concerning the keeping
of birds of prey on residential property in the City, noting that the proposal
was to keep the birds of prey penned and that necessary safety precautions
would be taken. The staff was directed to review the issue to a greater
extent.
LIQUOR LICENSE FEE REQUIREMENTS
A letter from City Attorney Dave Keller concerning liquor license fees
and resident manager of liquor, beer, and wine licensees was reviewed by the
Council. It was noted that three fee provisions in the liquor ordinance had
been incorrectly inserted and it was recommended amendments provide for
$3,000.00 annual on-sale liquor license fee, $200.00 on-sale wine license fee,
and correction from $3,000.00 to $2,000.00 bond prior to issuance of an on-
sale wine license. Smith moved, Egan seconded the motion to authorize the
foregoing amendments and also to provide that all liquor, beer and wine
licensees need not be residents of the City but must be residents of the State
of Minnesota. All voted yea.
HOURS AND DAYS OF SALE - 3.2. BEER
The Police Department has recommended changes in the 3.2 beer ordinance
provisions regarding the sale of on and off sale 3.2 beer which would permit
on and off sale until 1:00 a.m. Monday through Saturday, and off-sale beer
sales from 10:00 a.m. to 12:00 p.m. on Sundays. It was also noted that the
1983 Legislature has revised the Election Day sales provisions and it was
recommended that the Council approve such revisions. Upon motion by Egan,
seconded Thomas, it was resolved that the foregoing recommendations be and
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City Council Minutes
June 21, 1983
they hereby are authorized to be implemented and the ordinances revised to
provide for such changes. All voted yes.
STAR CITY PROGRAM
Mayor Blomquist discussed with the Council the Star City Program
sponsored by the State of Minnesota and recommended the City acquire
additional information concerning the program. Egan moved, Wachter seconded
the motion, to direct the staff and the public relations committee and
development committee of the City Council to pursue the program through the
State of Minnesota and report to the Council. All voted yea.
STREET LIGHTING POLICY
Mr. Colbert requested direction from the Council as to whether the
Council would require street lights in new subdivisions in
commercial/industrial zoned areas. It was noted that most industrial areas
have private security lighting and the Councilmembers indicated that they
would not favor requiring such lighting, but that developers would be
permitted to install the lighting according to City standards if requested.
NORTHVIEW MEADOW - MODEL HOME - PERMIT APPLICATION
An application had been submitted by Sienna Corporation for approval of
construction of up to 10 model homes in Northview Meadows with the stipulation
that there be no occupancy of any home until the final plat has been approved,
and further that the approval not be authorized later than December 1, 1985.
Smith moved, Wachter seconded the motion to approve the application, according
to the conditions provided above. All voted in favor.
CHECKLIST
Thomas moved, Egan seconded the motion to approve the following checklists
dated: May 31 and June 21, 1983.
All voted yea.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:25 p.m.
All voted yes.
PHH
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