06/04/1985 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA U
JUNE 4, 1985
A regular meeting of the Eagan City Council was held on Tuesday, June 4,
1985, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea
Blomquist and Councilmembers Smith, Egan, Wachter, and Thomas. Also present
were City Administrator Hedges, Assistant City Engineer Hefti, City Planner
Runkle, and City Attorney Hauge.
AGENDA
Wachter moved, Egan, seconded the motion to approve the agenda as
presented. All members voted yea.
MINUTES
May 21, 1985, Eagan City Council regular meeting. Egan moved, Wachter
seconded the motion to approve the minutes of the regular City Council meeting
of May 21, 1985, subject to the following changes: Page 5, Hampton Heights
Addition rezoning application (1) the lots shall be increased in size to a
minimum of 10,000 square feet per lot; on page 10, Sunset Fourth Addition,
staff recommends disapproval of the eyebrow for maintenance purposes; page 13,
Hilltop Plaza, Councilmember Egan indicated that economic reasons could not be
the sole reason to deny the project. All Councilmembers voted yes.
AIR NOISE VIOLATIONS
Roger Sperling, a City resident, appeared and requested the support of the
City Council in issuing a misdemeanor citation on the basis of nuisance
violation of both Minnesota Statutes and the City Ordinances against the FAA
departure controllers in the case of violators creating excessive air noise
over the City of Eagan. He stated that he had met with MASAC officials and
other interested persons and also had letters submitted from eleven affected
residents who object to the excessive air noise.
Police Chief Jay Berthe was also present and both he and City Attorney
Paul Hauge discussed the impact of a nuisance complaint being brought in the
local Court. Mr. Sperling stated that the departure controllers are not
enforcing the rules that they are prescribing and Chief Berthe recommended
that a citizen's complaint be filed rather than a police initiated complaint.
Councilmembers generally agreed with the proposal of Mr. Sperling and
indicated that the Council would provide City support for such a complaint
being brought. The Police Chief and City Attorney were directed to proceed
with the investigation.-
1
City Council Minutes
June 4, 1985
PUBLIC WORKS DEPARTMENT
The following Public Works item were submitted by acting Public Works
Director Rich Hefti:
1. Stop Sign at Covington Drive and Flora Drive. A petition was received
for a three-way stop at the intersection of Covington Lane and Flora Drive
because of claimed safety problems. Mr. Hefti recommended a speed study but
after discussion, Blomquist moved, Thomas seconded a motion to direct a three-
way stop sign to be installed for a six-month period and further that the
Police Department be assigned to cite violators. All members voted in favor.
2. Sunset Fourth Addition Street Sign. A request had been made by
property owners in the Sunset Fourth Addition requesting a Disabled Children
sign and it was noted that the state does not recognize handicapped/disabled
warning signs, but only recognizes blind and deaf warning signs. After
discussion, Smith moved, Wachter seconded the motion to authorize installation
of a deaf warning sign as requested. All members voted yes.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. Personnel Items. The following personnel items were presented and
staff recommended that the Council approve them as follows:
A. Account Clerk/Utility Billing Clerk. It was recommended that
Susan Sheridan fill the position of Account Clerk/Utility Billing Clerk
for the Finance Department.
B. Administrative Secretary to City Administrator and Director of
Finance. Karen Finnegan was recommended to fill the permanent
Administrative Secretarial position.
C. Engineering Intern. Christopher Call was recommended by staff to
fill the position of Engineering Intern.
D. Clerk-Typist Vacancy. With the promotion of Ms. Finnegan to
Administrative Secretary, it was recommended that the Council authorize
the advertising to fill the vacancy for the new Clerk-Typist position.
E. Part-time Police Dispatcher. Chief Berthe recommended the
termination of the employment of part-time dispatcher Barbara K. Thompson
for reasons stipulated in his memorandum.
F. Dispatcher Vacancy. It was recommended that Connie Jaeger be
reinstated on a part-time basis until after the summer months allowing
adequate time to train a new dispatcher.
G. Turnover of Police Dispatchers. Chief of Police Berthe
recommended to the City Council that it authorize the use of temporary
dispatcher due to the periodic turnover of part-time police dispatchers.
2
City Council Minutes
June 4, 1985
H. Full Time Police Officer. The Police Department recommended that
Doug Matteson be hired as a full time police officer effective July 1,
1985; further, to authorize the replacement of Mr. Matteson who has been
serving as a police cadet.
2. Contractor's Licenses. A list of contractors including swimming pool,
plumbing, heating and ventilating, homeowner's, and general contractors was
submitted and it was recommended that the applications be approved.
3. Town Centre 70 Addition Final Plat Approval. It was recommended that
the final plat application of Town Centre 70 First Addition submitted by
Federal Land Company be approved subject to compliance with all City
requirements. R 85-33
4. Gun Club Lake Watershed District Joint Powers Agreement. A Joint
Powers Agreement establishing a watershed management organization for the Gun
Club Lake Watershed District was submitted and it was recommended by the City
Administrator that the Joint Powers Agreement be approved.
5. Oakwood Addition Street and Utility Improvements Project #445. A
feasibility report for Oakwood Addition consisting of street and utility
improvements under Project #445 was submitted and it was recommended that the
report be received and that the public hearing be scheduled for July 2, 1985,
at City Hall.
6. Eagandale Office Park Second Addition Street and Utility Improvements
Project #446. The next feasibility report submitted by the consulting
planner covered the utility and street improvements for Eagandale Office Park
Second Addition under Project #446. It was recommended that the report be
received by the City Council and that a public hearing be scheduled at the
regular City Council meeting on July 2, 1985, at the City Hall at 7:00 p.m.
7. Knob Hill of Eagan Utility Easement Vacation. A petition had been
received from the developer of Knob Hill of Eagan Addition and it was for
vacation of certain easements which would be replaced by new easements. It
was recommended that the Petition be received to vacate partial drainage and
utility easements located in Lots 1 and 2, Block 1, of Knob Hill of Eagan, and
authorize the scheduling of a public hearing for July 2, 1985, at 7:00 p.m. at
the Eagan Municipal Center.
8. Eagandale Office Park Second Addition Excavation Permit. It was
recommended that the application for an excavation permit for Eagandale Office
Park Second Addition submitted by Opus Corporation be received and approved.
9. Ahlmquist Lake Contract #84-3, Project #393. The final payment
request for the Ahlmquist Lake storm sewer project under Contract #84-3,
consisting of Improvement Project #393, was submitted and it was recommended
that payment in the amount of $5,450.70 to Ora Construction Company be
approved and that the project be accepted for perpetual maintenance.
10. Sun Cliff Second Addition Change Order No. 2, Contract #84-15.
Change Order No. 2 for City Contract #84-15 within the Sun Cliff Second
Addition was submitted and it was recommended that the Change Order be
approved with an addition of $2,500.
3
City Council Minutes
June 4, 1985
11. Group W Addition Project #423 Alternate. The feasibility report
for Group W Addition Project #423 Alternate was submitted and it was
recommended and based upon the preliminary plat approval for Splashland Water
Park Development that the Council receive the report and that it schedule a
public hearing before the City Council for July 2, 1985, in the City Municipal
Center at 7:00 p.m.
12. Brittany Eighth Addition Final Plat. Staff indicated that all
submittals have now been complied with covering the application for final plat
approval of Brittany Eighth Addition and it was recommended that the
application be approved and that the appropriate officials be authorized to
execute all the necessary documents. R 85-34
Wachter moved, Egan seconded the motion to approve the foregoing Consent
Agenda items and authorized their implementation. All members voted in favor.
SAFARI SECOND ADDITION STREETS AND UTILITIES PROJECT #439
The public hearing concerning Project #439 regarding Safari Second
Addition streets and utility improvements which have been continued from the
May 21, 1985, meeting was convened by Mayor Bea Blomquist. The developer of
the Safari Second Addition was present and there were no objections. Smith
moved, Thomas seconded the motion to close the public hearing and to approve
the installation of the improvements and authorize the preparation of plans
and specifications. All Councilmembers voted yes.
WESTCOTT HILLS FOURTH ADDITION MULTIFAMILY REVENUE BONDS
Miller & Schroeder, Inc., the City's program administrator for multifamily
housing revenue bonds, indicated it had not received the market value
appraisal and therefore recommended that the public hearing be continued on
the Wescott Hills Fourth Addition project until the regular meeting of the
Eagan City Council on June 18, 1985, at 7:00 p.m. Wachter moved, Smith
seconded the motion to implement the recommendation. All members voted yes.
THOMAS LAKE PLACE PRELIMINARY PLAT
The application of Dominion Group for preliminary plat approval of Thomas
Lake Place for 228 apartment units on 17.5 acres on the east side of Thomas
Lake Road, south of Thomas Lake Elementary School, then came before the
Council. The Mayor introduced the subject and City Administrator Tom Hedges
detailed both the background and the current status of the project. He
reviewed the staff report submitted by John Hohenstein, Consulting Planner
John Voss, City Attorney Paul Hauge, and in some detail explained the
memoranda submitted by each of those persons. He noted the long history of
the Planned Development starting in about 1972, the confusion of the earlier
documents, and the transition in the densities provided in some of the
documents from 1972 through 1977 when the Planned Development Agreement was
signed. He also noted changes in the ordinance from Ordinance No. 6 to
Ordinance No. 52 with density designation revision and stated that the Planned
Development Agreement of 1977 is the one is existence at the present time. He
also reviewed the written memorandum including questions posed by area
residents that he submitted to the City Council dated May 31, 1985, at which
time the Council last considered the application.
4
City Council Minutes
June 4, 1985
Mayor Blomquist had questions concerning the background of the Planned
Development and questioned Ed Dunn, the developer, in some detail. Mr. Dunn
stated that the parcel was proposed to be used for park purposes as one
alternate but did not have specific answers as to why some of the early
exhibits indicated 144 dwelling units on the parcel and 8.5 dwelling units per
acre. He contended the 1977 PD Agreement controlled. The Mayor was concerned
about the density changes which became much greater by 1977 and Mr. Dunn
stated that he was not sure how these changes took place. He further stated
that there were no changes in the Planned Development except for the County
Road #30 and Heine Pond revision. The Mayor questioned whether the changes
were approved by the Planning Commission or City Council and it was noted that
at least two planners had done work for the developer through the years.
Mayor Blomquist also stated that the changes in the densities may affect other
areas within the Blackhawk Planned Development as well as potentially within
the Lexington South Planned Development.
Councilmember Smith stated that the City council must deal with the entire
Planned Development and not specific parcels in depth at the time of approval.
Councilmember Egan indicated that the densities had increased drastically
shortly before the Planned Development Agreement and questioned whether the
increased densities were actually approved. He also questioned whether the
Minnesota Statutes require amendment to the Land Use Guide by the Metropolitan
Council in 1974. There was also a question concerning the storm drainage and
Mr. Hefti indicated that the storm drainage would most likely not drain into
Thomas Lake directly but rather into the storm sewer drainage pipes running to
the north. There was discussion concerning any potential conflict with the
Eagan Shoreland Ordinance and whether the EIS accomplished in the late 1970s
was adequate and whether the site conformed with the EIS. Mr. Wachter
mentioned that he didn't feel that further EIS review would be warranted.
John Guidescessi, attorney, appeared for the developer and made a presentation
in favor of the application. Wachter then moved, Thomas seconded the motion
to approve the application for preliminary plat approval subject to the
conditions recommended by the staff including the following:
1. Park dedication shall be accomplished in accordance with the requirements
established by the City Council after review by the Advisory Park Committee.
2. A detailed landscape plan shall be submitted to and approved by the City
staff prior to construction along with an adequate landscape bond which is not
to be released until one year after completion of the landscaping.
3. The preliminary plat shall provide for four lots with each building
situated on a separate lot.
4. A detailed outdoor lighting plan shall be submitted to and approved by the
City staff prior to construction.
5. Access doors to the underground garages shall provide adequate height for
emergency vehicle clearance.
5
City Council Minutes
June 4, 1985
6. Due to the environmentally sensitive nature of the site, grading and
cutting of trees should be kept to a minimum outside of the parking areas and
building pads. A grading limit line shall be established and approved by the
City staff.
7. All other City ordinances and requirements shall be adhered to.
8. A specific underground parking space shall be required with the rental of
an apartment unit.
9. This development shall be responsible for obtaining all required permits
from the City and the Department of Natural Resources as applicable.
10. A minimum of an 8-inch water main will be required to provide service to
this proposed development.
11. The entrance roadway shall be a minimum of 34 feet wide. All internal
roadways shall be a minimum of 24 feet wide. All roadways shall consist of
concrete curb and gutter and bituminous surfacing.
12. A 40-foot half right-of-way shall be dedicated for Thomas Lake Road.
13. A 10-foot drainage and utility easement shall be dedicated adjacent to
all public rights-of-way.
14. A minimum of 15-foot utility easements shall be dedicated for all City
utilities as specified by the City staff not constructed within City right-of-
way.
15. This development shall be responsible for its trunk area water, storm
sewer and storm sewer upgrading assessments as referended in the staff report.
16. All costs assocciated with development of the parcel shall be the sole
responsibility of this development.
A large number of affected neighboring residents were present and Attorney
George Roedler, representing 21 area residents, spoke against the project. He
stated that area residents were mislead concerning the zoning of the parcel,
he proposed negotiations reducing the number of units and reducing the zoning
to single family or to change the use of the property for park purposes. He
also mentioned there - were questions unanswered and that continuing the
application would be appropriate and stated, in his opinion, the Planned
Development Agreement allowed discretion on behalf of the City Council to
reduce the density.
Mark Parranto, a neighboring owner to the south, was also present and
submitted two drawings done by Dominion Group regarding the access location on
the south of the property. He stated there would be an 8% grade on the access
road on the south, a retaining wall would be required along the south road,
that 20% more blacktop would be required for the south access, and that the
drawing by a Dominion architect requires 10-1/2% additional tree removal and
6
City Council Minutes
June 4, 1985
disturbed area than the northern route. He recommended the northerly route
access road is preferrable as it would create the least amount of damage to
the site.
Councilmember Thomas was concerned about safety issues and indicated that
the northern road is closer to the school and a bicycle path and also is
closer to a more dangerous curve.
Peter Pfister, the architect for the project, appeared and answered
certain questions that had arisen including the following:
1. The amount of blacktop for the parking area and access are about equal for
each of the locations.
2. Retaining walls would be provided on the south access.
3. The south road access has a shorter distance of 6-8% grade than the north.
4. The Barton Ashman engineering study recommended the south road as the
least environmentally sensitive.
5. The developer will attempt to achieve 6-8% grade up to the parking lot
utilizing the south access.
6. The south road shall be installed by the developer.
2. That berming and plantings shall be required according to staff
recommendations.
3. The grading plan shall be prepared and submitted to the City Council for
final review and approval.
Mayor Blomquist inquired of Mr. Dunn whether he would consider downzoning
the property or selling the property for park land purposes. Mr. Dunn
answered that about 14% of the entire Blackhawk Park area had been allocated
for park purposes and that he would not consider downzoning or converting the
land to park because of his commitment to Dominion Group.
Darrel Ramsborg, a neighboring homeowner, was present and stated that he
would prefer the south access and was concerned about safety issues also.
Those in favor of the motion were Smith, Wachter and Thomas. Against were
Egan and Blomquist. Mayor Blomquist noted that she objected to densities
which do not conform with the densities earlier approved which do not conform
with the Planned Development Agreement.
SEE PLAT FILE
7
City Council Minutes
June 4, 1985
BLACKHAWK PLAZA PRELIMINARY PLAT
The application of Norse Development Company for preliminary plat approval
of Blackhawk Plaza consisting of nine (9) commercial lots on 11.6 acres and
for conditional use permits for driveup bank and service station in Hallandale
No. 1, together with variance for four-story hotel building was next brought
before the Council. Dale Runkle detailed the issues that were of concern to
the Council at its last regular meeting on May 21, including the service
entrance, truck access in the rear of the building, elimination of major
access on Blackhawk Road, drainage from the cemetery, potential median cut on
Diffley Road, school bus pickup and drop off points on Blackhawk Road and
access to the motel. He stated that the developer has redesigned the layout
to a certain extent, has revised the restaurant location, and also noted the
shopping center has 11 fewer parking stalls than required. It would require
approximately a 1,400 square foot reduction for parking to comply.
Peter Stalland appeared on behalf of the applicant and requested the four-
story hotel variance be approved and that in the event that the hotel is
lowered to three stories that a request will be made for a sign on the
building. He also indicated that cross easements could be required to fulfill
the parking requirements.
Councilmember Wachter had a number of questions including the width of the
service drive, what the "x" over the cemetery indicated, and it was noted that
it indicated the proposed revision to the cemetery lot line layout. He also
questioned whether Diffley Road access could be aligned directly north to the
service area and the answer indicated that the access on Diffley Road is as
far east as MnDOT would allow.
Mayor Blomquist questioned the use of Lot 7 and it was indicated that it
would only be used for pond area and will be dedicated to the City with no
building permits to be permitted on that lot. She also questioned a proposed
use for Lot 8 and asked that it be identified and be assured that no variances
will be requested. Mr. Stalland stated that the proposed use is an 18,000
square foot office building and no variances will be required and further that
the parking could be reflected to show that it would comply with the ordinance
requirements. She also questioned whether hotel parking overlapped the
Neighborhood Business zoned area and Mr. Runkle stated that seven spaces for
the hotel parking would be outside the Roadside Business zoned area, but that
there are more than enough spaces provided on the plan for the hotel. The
Mayor also indicated that it was her opinion that the layout appeared to be
too dense.
Ralph Wagner, engineer, appeared for the applicant and stated that heavy
screening will be provided between the townhouse units and the hotel parking
lot. If the fourth story is eliminated, the number of rooms will be reduced
as well as parking. A pylon sign will be applied for on the three-story hotel
on the 35E side. A number of neighborhood residents were present and asked
about the parking for the cemetery and the developer indicated that the access
to the shopping center parking area would be permitted for cemetery visitors.
8
City Council Minutes
June 4, 1985
One neighboring resident was concerned about the development of Lot 8 and also
there it was recommended that major traffic be discouraged from the west and
delineate the south access as a major access. There was also concern about
the sight lines for the hotel at the three or four-story height. Kathryn
King, a neighboring property owner, submitted a packet prepared by her husband
objecting to certain aspects and making recommendations for revisions to the
project.
It was noted that the City Council cannot change the maximum speed limit
and there was also discussion restricting the hours for any liquor licensee
within the development.
Steve Haas, a neighboring property owner, questioned whether there may
have been a conflict of interest by Luther Stalland when the original zoning
took place as he was acting as the Town Attorney at that time. Councilmember
Egan stated it was his impression that the zoning cannot be removed even it
was based upon alleged conflict of interest. Councilmember Smith noted that
it was his opinion that the access road for the motel should be more clearly
defined and also more clearly defined access to the northerly restaurant
rather than winding through the parking area.
Smith moved, Egan seconded the motion to approve the application for
o ing subject to he following:
~rdrn>rr~y~1~. J `00
1. That a maximum three-story motel be allowed.
3. That no building permit shall be allowed for Lot 8 until the Planning
Commission and City Council review and approve the layout with the
understanding there will be no variances for building permits on that lot and
that the lot be retained as an outlot at the time of the final plat approval.
4. That the final plat be reviewed by the City Council as a regular
agenda item for final review.
5. All standard preliminary plat conditions shally apply.
6. All trash containers shall be stored on the interior of the shopping
center and hotel. Trash containers shall be concealed with opaque screening
on all other lots.
7. Extensive landscape screening and the usage of large scale plant
material and other-bermning as necessary along the north property line and
along the west property line shall be refected in the landscaping plan.
Neighborhood meetings shall be held with residents, including Kathryn Circle,
residents to the west, and residents to the north, prior to preparation of the
landscaping plan. The landscape screening shall be installed prior to
construction. The landscaping plan shall be reviewed and approved by City
staff prior to final plat approval.
8. The discrepancy between the cemetery land and the applicant's land
shall be resolved and the preliminary plat shall be adjusted to show the
change.
9
City Council Minutes
June 4, 1985
9. Rooftop mechanical equipment shall be concealed by a parapet wall or
suitable screening.
10. A storm water detention pond shall be constructed on Lot 7 with a
capacity of 1.4 acre feet.
11. A permit shall be obtained from MnDOT to perform grading within MnDOT
subdivision.
12. The watermain shall be looped from Blackhawk Road to the Hillandale 2
subdivision.
13. The private road shall be 36 feet wide from Blackhawk Road to the
hotel.
14. This development shall be responsible for upgrading the east side of
Blackhawk Road from Diffley Road to its north property line.
15. A ponding easement shall be required over Lot 7 to accomodate 1.4
acre feet of storage.
16. This development shall be responsible for any unlevied trunk area
related assessments or any upgrading of trunk area related assessments as
necessary.
17. Blackhawk Road upgrading from the end of this development to Deerwood
Drive shall be approved prior to final plat approval.
18. The applicant shall work with Dakota County to insure that the
primary access to the development is from County Road #30 in view of the
residential nature of Blackhawk Road.
All members voted yes. SEE PLAT FILE
Egan moved, Wachter seconded the motion to approve the following
conditional use permits: driveup bank and service station, under the
following conditions:
1. The applicant shall provide a proof of parking plan for the service
station showing how parking could be expanded, if needed.
2. The bank shall provide stacking space for 20 vehicles.
3. All City ordinances and requirements shall be adhered to.
All members voted affirmatively.
10
City Council Minutes
June 4, 1985
BIRCH PARK FINAL PLAT AND CONTRACT #85-10 CONTRACT AWARD
The final plat application for Birch Park Addition was continued by the
City Council at its May 21, 1985, meeting to review the revision for future
access from the Birch Park Addition's proposed Pilot Pointe subdivision.
Sienna Corporation, the developer of Birch Park, has now proposed an easement
for the westerly 80 feet of Lot 17, Block 6, Birch Park Addition, and a letter
from Sienna Corporation dated May 29, 1985, indicating its conditions for the
grant of the easement, other memoranda from City staff and the Consulting
Engineer were also submitted.
Mr. Hedges and Dale Runkle reviewed the changes and Jim Hill, engineer for
the developer, was also present. Mr. Hill explained the proposed easements in
the south from Deerwood along the west line of the Birch Park Addition and
indicated the slopes in the neighborhood of 15° and noted the high water
elevation had been increased thereby and recommended that the east/west access
road from Denmark not be required to Pilot Pointe Addition.
Councilmember Smith questioned whether the water level raising was
approved by the City Council and the reason for the increase in level was to
eliminate two storm sewer lift stations. Councilmember Smith stated he was
not satisfied with the change. John Hankinson also appeared on behalf of the
applicant and reviewed the proposed access to Pilot Pointe. Roger Fredlund
appeared as an owner of the proposed Pilot Pointe Addition property and
objected to the loss of access from the east and indicated the westerly access
appeared to be too steep for practical purposes.
Bob Honsa, an owner of the lot to the west in Skovdale Addition, stated
that either access will require fill and in any event the access is very
difficult from the east.
Tom Bergin and other neighboring owners on the south side of Deerwood
appeared and recommended a revised plat be prepared and resubmitted for Birch
Park. Other alternates for access to Pilot Pointe Addition were reviewed
including those from Pilot Knob Road. Mayor Blomquist moved to installing the
north half of Deerwood Drive only and the south half of the right-of-way be
improved when any lots on the south side of the right-of-way are subdivided or
any portion of the lots are sold. There was no second and the motion died.
Mr. Rosene recommended deferring sanitary sewer and water lateral
assessments for the -property owners on the south side of Deerwood Drive but
recommended the installation of the entire street because of the uneven
terrain and the potential for damage to the property on the south side. After
considerable discussion, there was no action on the application for approval
of the contract #85-10.
11
City Council Minutes
June 4, 1985
VOGY'S RESTAURANT - ON-SALE LIQUOR LICENSE
The application of Albert Baker for on-sale liquor license for the Vogy's
Restaurant location was continued from the last regular Council meeting. Mr.
Baker was present and stated that he intended to completely remodel the
building at the southwest intersection of Yankee Doodle Road and Pilot Knob
Road and that the concept would be similar to the Ground Round restaurant that
he owns in Burnsville. An August 5, 1985, reopening date was scheduled.
Smith moved, Egan seconded the motion to approve the on-sale liquor license
application with an effective date of July 1, 1985. All Councilmembers voted
yes.
TOWN CENTRE 70 AND 100 CONTRACT #85-8
The bids for Town Centre 70 and 100 street and utility improvements under
Contract #85-8 were submitted to the Council at its May 21 meeting and the low
bidder was Northdale Construction in the amount of $1,721,620.13. The staff
recommended award of the contract and upon motion by Egan, seconded Wachter,
it was Resolved that the contract be awarded to Northdale Construction Company
according to its bid. All members voted in favor.
LEXINGTON SOUTH SECOND ADDITION PRELIMINARY PLAT
The application of U.S. Home Corporation for preliminary plat approval of
Lexington South Second Addition including 41 single family homes on 12.16
acres was submitted to the Council for its consideration. Dale Runkle
explained the application and noted that there was a net increase of 19 lots
providing for revision of 41 single family lots. He noted that 16 single
family lots will deviate from the 12,000 square foot lot area minimum and
further, the Advisory Planning Commission, at its meeting on April 23, 1985,
approved the application subject to certain conditions.
The new concept will eliminate the homeowner's association and zero lot
line concept and build only single family homes with normal setback.
Mr. Hedges stated that the staff had concerns about the density of the
lots and also the integrity of the area, noting that the plat originally had
been approved because of the amenities that were provided and that the Park
Committee had strong reservations about the revised plat. Mayor Blomquist
noted that the Park Committee comments had not been considered by the Advisory
Planning Commission at the last meeting. The Mayor further recommended a
replat and respread of the lots so as not to impact the services to the park
and that there be no increase in the net number of lots by the respread of the
lot lines. It was further noted that the smallest lots would be 6,600 square
feet.
Robert Hoffman, attorney, appeared for the applicant and indicated that
there had been a significant reduction in the south area from 360 to 134
units. It was noted that the private swimming pool would not work because
only one lot had sold within that subdivision intended to provide for
homeowner control of the swimming pool. The current lot size averages 10,000
square feet with 41 lots proposed and that the 19 new lots will be about 2,000
square feet in excess of the minimum lot size on the average.
12
City Council Minutes
June 4, 1985 7
After discussion, Blomquist moved, Egan seconded the motion to approve the
application subject, however, to the following:
1. The lot lines for the smallest lots shall be respread and revised to
eliminate any additional lots within the entire subdivision.
2. The plat and development shall be controlled and developed by one
company or builder as originally approved in 1984.
3. A revision to the Planned Development Agreement shall be executed
modifying it to include this plan.
4. The plat shall be subject to the Park Committee's review and comment
for the newly created lots.
5. Detailed grading and house plans shall be approved showing homes will
fit on the lots created without variances.
6. A grading and ponding plan shall be reviewed and approved by the
Engineering Department in order to insure enough capacity for storm water
ponding.
7. All other conditions of the original approval shall apply.
8. The loss of ponding volume resulting from grading shall be compensated
for, if necessary.
9. Vacation of any ponding easements shall be approved by the City.
10. All costs for public improvements shall be the sole responsibility of
this developer.
11. This development shall be responsible for all unlevied trunk related
assessments at rates in effect at the time of final platting.
Those in favor were Egan, Wachter, and Blomquist, voting against were
Smith and Thomas.
SEE PLAT FILE
KNOB HILL HEIGHTS SETBACK VARIANCE
The application of- Dunn Real Estate Management for side yard setback
variance for Lot 2, Block 2, of Knob Hill of Eagan next came before the
Council. Tom Colbert appeared for the applicant and reviewed the reasons
including that all the lots would be under one townhouse association and that
one set of townhouses will be removed. The purpose is to allow parking in
front of the garages. Thomas moved, Smith seconded the motion, all voted in
favor subject to the following conditions:
1. That a minimum 30 feet shall be maintained between Lot 1 and Lot 2
structures.
2. All other ordinance requirements shall be complied with.
All voted yes.
13
City Council Minutes
June 4, 1985
PILOT KNOB HEIGHTS PLANNED DEVELOPMENT
A request had been received from the Minneapolis Federation of Jewish
Service to extend the Planned Development for Pilot Knob Heights P.D.
concerning the applicant's land, part of Lot 1, Block 1, Pilot Knob Heights
Addition, east of the First Bank of Eagan, until June, 1987. Mr. Herman
Markowitz was present and stated that the owner expects that by that time the
property will have been developed and sold. Blomquist moved, Wachter seconded
the motion to approve the request. All voted yes.
HOUSE MOVE RAHN SUNRISE ADDITION
An application of Mr. Doug Ruth for special permit to move a house onto
Lot 3, Block 1, Braun's Sunrise Addition, came before the Council. It was
noted that the public hearing requirements had not been fulfilled and Wachter
moved, Thomas seconded the motion to continue consideration of the application
until the June 18, 1985, regular meeting. All voted yes.
DAKOTA COUNTY H.R.A. HOUSING BUDGET FUND
A Resolution prepared by the Dakota County HRA proposing that a fund be
established by using fees generated from the issuance of multifamily housing
revenue bonds whether issued by the County HRA or the City was considered by
the Councilmembers. Fees would be used to undertake and assist future
development of senior citizen family housing within the City of Eagan. Mark
Alfors from the County HRA Department was present. He indicated that funds
would be used exclusively for the City of Eagan. Smith moved, Egan seconded
the motion to approve the Resolution establishing a fee of .08% of the
principal amount of multifamily bond issues for the purpose of assisting
future housing developments strictly within the City of Eagan. Further, to
include those projects without final resolution. All voted in favor except
Wachter who voted no.
SPECIAL DEER HUNT
A request from the Department of Natural Resources for a special deer hunt
in Ft. Snelling State Park for November 23 and 24, 1985, was brought before
the Council. Craig Cox, resource management specialist from the Minnesota DNR
was present and Tom Hedges explained the request. It was also suggested that
a special bow and arrow hunt be allowed within selected areas of the City.
Egan moved, Wachter seconded the motion to approve the special deer hunt in
Ft. Snelling State Park for November 23 and 24, 1985, according to City
Ordinance. All voted in favor except Blomquist who voted no. After a
discussion concerning a proposal for a broader hunt throughout the City, Smith
moved, Thomas seconded the motion, to expand the deer hunting season in
specified areas of the City of Eagan during the regular archery deer hunting
season in 1985 in order to reduce the number of deer within the City. All
voted yes except Blomquist who voted no.
14
City Council Minutes
June 4, 1985
TRAMMEL CROW COMPANY BUILDING PERMIT EAGAN WOODS OFFICE PARK
An application of Trammel Crow Company for authorization of a building
permit for Eagan Woods Office Park prior to recording of the final plat was
submitted. It was noted that the torrens proceeding has been commenced but is
holding up the recording of the final plat. Smith moved, Thomas seconded a
motion to approve the request for building permit in the form of a variance
from City requirements knowing that it will not act as a precedent, and that
the hardship was derived from the backlog at Dakota County District Court.
All Councilmembers voted yea.
WINDTREE FOURTH ADDITION AND WESTBURY THIRD ADDITION CONTRACT #85-11
Bids for Contract 485-11 concerning Windtree Third Addition and Westbury
Fourth Addition had been received and the low bid was from M. Danner Trucking,
Inc., in the amount of $269,541. The staff recommended approval. Egan moved,
Wachter seconded the motion to approve the low bid and to authorize the award
of the contract. All voted yes.
LEXINGTON PLACE SOUTH CONTRACT #85-12
The low bid for the Lexington Place South street improvements has been
received from Valley Paving Company in the amount of $200,525.75. U.S. Homes
has asked for a continuance to negotiate with the potential buyer of the
property. Wachter moved, Thomas seconded the motion to continue the award of
the contract until the next regular meeting. All members voted yes.
EAGAN SIGN PERMIT FEES
Elmer Borgschatz, the temporary sign inspector, together with the Building
Inspection Department has recommended a revision in the Sign Permit fees to
provide for an initial fee with no annual renewals. Mr. Hedges mentioned that
the staff recommended approval and Wachter moved, Thomas seconded the motion
to approve the revised schedule of sign permit fees excluding pylon signs and
outdoor advertising signs until further information has been submitted to the
Council. All members voted affirmatively.
CINNAMON RIDGE FOURTH, FIFTH, AND SIXTH ADDITIONS
PRELIMINARY PLAT EXTENSION
A request from James Zachman, developer of the Cinnamon Ridge Fourth,
Fifth, and Sixth Additions, for extension of preliminary plat approval to
August 1, 1985, came before the Council. Mr. Zachman was present and Tom
Hedges indicated that the developer had not completed the park land
development requirements. Blomquist moved, Egan seconded the motion to
continue the consideration of the request for extension until all the park
issues are resolved to the satisfaction of the City. All members voted yes.
15
City Council Minutes
June 4, 1985
SAFARI SECOND ADDITION PROJECT #439
The Mayor reconvened the public hearing regarding street and utility
improvements under Project #439 for Safari Second Addition. The developer was
present and there were no objections. Egan moved, Wachter seconded the motion
to close the hearing, order in the project, and authorize the preparation of
plans and specifications. All members voted in favor.
WESCOTT HILLS REVISED THIRD ADDITION FINAL PLAT
Rich Hefti stated that the staff has reviewed the requirements for the
final plat application for Wescott Hills Revised Third Addition. There were
no objections. Mr. Teschida was present and Mr. Hefti recommended approval.
Egan moved, Thomas seconded the motion to approve the application for final
plat approval subject to compliance with all City requirements. All voted
yes. R 85-35
JAMES HORNE TRAILER PERMIT
The request from James Horne for renewal of the trailer permit on his
property on Pilot Knob Road on a one-year basis was brought before the
Council. Jim Horne was present. Wachter moved, Egan seconded the motion to
approve the application for one additional year. All voted in favor except
Smith who voted no.
SIENNA CORPORATION - BIRCH PARK ADDITION
John Hankinson reappeared before the Council and asked that the Council
consider action on the application for final plat approval of Birch Park
Addition, also the award of the contract for the street and utility
improvements for the area. After discussion, Councilmembers indicated that
they would take no further action during the Council meeting. They noted that
area residents were not present and attempted to find a date that would be
compatible with the necessary timing for the award of the contract and also
when Councilmembers could be present. Blomquist moved, Egan seconded the
motion to schedule consideration of the application for the final plat
approval and for the bid award of Contract #85-10 at the special meeting of
the City Council for June 11, 1985, at 7:00 p.m. at City Hall with the
understanding that notice will be sent to all affected residents. All members
voted yes.
DIANE SAPP DOG KENNEL VARIANCE
Councilmember Thomas submitted a request on behalf of Diane Sapp to allow
four dogs at her residence in Eagan Hill Addition noting that one of the dogs
was the companion of her elderly mother. Smith moved, Thomas seconded the
motion to approve the request for variance of kennel license to allow for four
dogs based upon the hardship mentioned above. All voted yes.
16
City Council Minutes
June 4, 1985
CONTRACT #85-13 PROJECT #434
Mr. Hedges explained that the CTC Business Campus development project on
the proposed Technology Drive area west of Pilot Knob Road now appears to be
cancelled. It was noted, however, that the City incurred substantial expenses
and that the developers of the project, Anderson and Astleford, guaranteed
payment of all necessary expenses. Mr. Hedges was requested to forward a
letter to the developers demanding payment. There were also questions
regarding rezoning that has been approved and proposed acquisition of
easements'and the grading for the Technology Drive area. In addition, bids
have been advertised and staff recommended continuation of negotiations with
MnDOT and further to prepare a revised feasibility report. Egan moved,
Wachter seconded the motion to cancel the current bid advertisements and
further to authorize preparation of a revised feasibility report and schedule
a public hearing for July 2, 1985, at 7:00 p.m. at City Hall concerning the
projects. All members voted in favor.
BLACKHAWK LAKE WMO REPRESENTATIVE
Mr. Hedges recommended that the Director of Public Works be appointed as
Eagan's representative for Blackhawk Lake Watershed Management Organization
Board of Managers and that Rich Hefti be appointed temporarily as
representative. Blomquist moved, Wachter seconded the motion to approve the
recommendation. All members voted in favor.
PUBLIC WORKS DIRECTOR INTERVIEWS
The City Administrator recommended that the City Council interview the
final three candidates for the position of Public Works Director and a special
meeting was scheduled for Wednesday, June 26, 1985, at 5:00 p.m. to interview
the final candidates.
SCHWANZ LAKE OUTLET CONTRACT #83-17 TREE LOSS CLAIM
A claim for reimbursement by Gary Pietig of 4523 Oak Pond Circle for tree
loss that occurred when LP33 flooded due to the high pond outlet constructed
as part of Project #383. Staff and the consulting engineer have come up with
a recommendation with partial contribution by the consulting engineer and the
balance by the City in the sum of $5,442.35. Smith moved, Thomas seconded the
motion to accept the recommendation and authorize the settlement described
above. All voted in favor.
WATER TREATMENT PLANT CHANGE ORDER NO. 11
A request for change order under Contract #83-01 for the water treatment
facility consisting of Change Order No. 11 in three parts was submitted
including an additional amount of $1,162 and staff recommended approval.
Thomas moved, Egan seconded the motion to approve the change order as
recommended. All members voted yea.
17
City Council Minutes
June 4, 1985
1985 SEALCOAT PROJECT CONTRACT #85-17
A schedule of sealcoating for 1985 for a total of $120,000 under Contract
#85-17 was submitted to the Council for its review and the staff recommended
that the Council approve the proposal. Wachter moved, Egan seconded the
motion to approve the recommendation for sealcoating for the year 1985. All
members voted affirmatively.
CENTURY ADDITION SELF-SERVICE CAR WASH
Councilmember Smith moved, Thomas seconded the motion to reconsider the
application for a self-service car wash in Century Addition on the basis that
it appeared that the car wash would be compatible with the Neighborhood
Business district in that location. All voted in favor except Blomquist and
Egan.
PARK SHELTER BUILDING ARCHITECT
The Park and Recreation Committee has recommended after interviewing
several architects for the design of the park shelter building, that Schwartz,
Webber Architects be engaged for the design of the buildings. Blomquist
moved, Egan seconded the motion to approve the recommendation. All voted in
favor.
CHECKLIST
Egan moved, Wachter moved to approve the following checklist
dated June 4, 1985 in the amount of $199,179.87.
All members voted yes.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 1:00 a.m.
All voted yea.
City C rk
18