05/07/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL -'`'
• EAGAN, MINNESOTA
MAY 7, 1996
A regular meeting of the Eagan City Council was held on May 7, 1996, at 6:30 p.m. at the
Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, 55122. Present were Mayor
Egan, Councilmembers Awada, Hunter, Masin, Wachter. Also present were City Administrator
Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert and City
Attorney Jim Sheldon.
APPROVE AGENDA
Councilmember Hunter moved, Member Masin seconded, a motion to approve the
Agenda as amended by adding a change order for Fire Station No. 1 to department head business.
Aye: 5 Nay: 0
APPROVE MINUTES
Minutes of the March 25, 1996, special City Council meeting. Councilmember Masin
asked that the first sentence in Paragraph 4 of Page 5 be revised to read as follows:
"Councilmember Masin noted that the applicant and the property owner have every right to make
the request they made and that they deserve respect." Councilmember Awada requested that the
• second sentence in Paragraph 5 on Page 1 be revised to read as follows: "She noted that thru-
streets through the residential neighborhoods would present a grave safety issue.
Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve
the minutes of the March 25, 1996, special City Council meeting as amended. Aye: 5 Nay: 0
Minutes of the April 9, 1996, special City Council meeting. Councilmember Hunter
moved, Councilmember Awada seconded, a motion to approve the Minutes of the April 9, 1996,
special City Council meeting as presented. Aye: 5 Nay: 0
Minutes of the April 16, 1996, special City Council meeting. Councilmember Hunter
requested that the second sentence of the first full paragraph on Page 4 be revised to read as
follows: "He stated that he did not want a lot of strings attached to any proposal."
Councilmember Wachter moved, Councilmember Hunter seconded, a motion to approve the
Minutes of the April 16, 1996, special City Council meeting as amended. Aye: 5 Nay: 0
Minutes of the April 16, 1996, regular City Council meeting. Mayor Egan requested that
the second paragraph regarding Project No. 643R-Timberline Addition on page 7 be revised to
41111 state the property owner's name.
Councilmember Awada moved, Councilmember Masin seconded, a motion to approve the
Minutes of April 16, 1996, regular City Council meeting as amended_ Aye: 5 Nay: 0
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May 7, 1996
EAGAN CITY COUNCIL,
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Minutes of the April 23, 1996, special City Council meeting. Councilmember Masin
requested that the fifth sentence of Paragraph 5 on Page 1 be revised to read as follows: "City
Councilmember Masin stated that she is willing to support special financing to retain or attract
new business to the community when such support would be particularly beneficial to the
community." Councilmember Wachter requested that the seventh sentence of Paragraph 5 on
Page 1 be revised to read as follows: "Mayor Egan summarized the City Council's position by
stating there is consensus that special financial requests, which shall set forth the business
program's budget and need for financial assistance, will be reviewed on a case-by-case basis with
the EDC.
Councilmember Awada requested that the second sentence of Paragraph 5 on Page 1 be
revised to read as follows: "Both City Councilmembers Hunter and Awada stated that they
historically did not agree with incentive programs for businesses because it is best for government
not to get involved with private business and to avoid using the political process in picking which
business the City may help or not help."
Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve
the minutes of April 23, 1996, as amended. Aye: 5 Nay: 0
•
UNVEILING OF THE MAYORS' GALLERY
Councilmember Wachter presented the unveiling of the new Mayors' Gallery. Present
during the unveiling was present Mayor Tom Egan and former Eagan Mayors Vic Ellison and
Beatta Blomquist.
Following the unveiling ceremony, Councilmember Hunter suggested that the City Council
consider the induction addition of Councilmember Wachter's photograph to the Mayors' Gallery
as an "Honorary Mayor" in light of his long-time service to the community and the City of Eagan.
The Councilmembers concurred.
VISITORS TO BE HEARD
Beatta Blomquist updated the City Council regarding the status of her work on the
Comprehensive Guide Plan/Zoning project in seeking legislative changes. Ms. Blomquist advised
the Council that Vern Peterson of AMM, City representatives and community members are
joining together to work with the legislature for changes to Chapter 178. Ms. Blomquist stated
that the group, in addition to drafting proposed legislation, will be putting together a portfolio for
each city to present the effects of the new Comprehensive Guide Plan/zoning statute. Mayor
• Egan, with the Council's concurrence, encouraged Ms. Blomquist to move forward with her work
on the project and thanked her for her efforts.
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May 7, 1996
EAGAN CITY COUNCIL 0C1.31
John Muller stated his thanks to Associate Planner Steve Dorgan who visited with him
regarding the garbage problem with respect to the Easy Street property.
DEPARTMENT HEAD BUSINESS
Administrator Hedges advised that a change order for approximately $2,425.00 has been
requested for facet, brick and repair of venting problem. Mr. Hedges advised that Councilmember
Wachter reviewed the requested change order and walked the site and indicated the requested
changes are acceptable. Fire Chief Jensen was present but had no additional comments.
Councilmember Awada moved, Councilmember Wachter seconded, a motion to approve
the change order for Fire Station No. 1 remodeling project, totaling $2,425.00. Aye: 5 Nay: 0
CONSENT AGENDA
Regarding Item I, Extension of Preliminary Subdivision for Indy Lube, Councilmember
Hunter wanted to note that although this item is similar to the request for extension of preliminary
subdivision approval for Dart Transit under Old Business, this item under Item I has no changes
or conditions of the extension and therefore may be heard on the Consent Agenda.
• Regarding Item T, Proclamation, Councilmember Wachter wished that Eagan High School
was personally recognized for its "Blue Ribbon School of Excellence" award. Councilmember
Wachter noted that only 26 school in the United States are named "Blue Ribbon Schools of
Excellence" and Eagan should be proud to be so recognized.
Regarding Item U, Municipal Building's Refuge Hauling Service Contract Termination,
Councilmember Awada questioned the reason for the termination of the contract to which Jon
Hohenstein, Assistant to the Administrator, stated that the contractor could not meet State
requirements for hauling.
A. Personnel Items
Item 1. To accept the letter of resignation from Michael Lence, a building inspector
in the Protective Inspections Division.
Item 2. To accept the letter of resignation from Linda Seifert, a part-time Clerical
Tech II/Receptionist in the Police Department.
Item 3. To hire Linda Marlin to fill the part-time Clerical Technician
II/Receptionist position in the Police Department.
• Item 4. To approve the hiring of a person to be named as the Administrative
Secretary in Administration.
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Item 5. To approve the hiring of Mark Heutmaker as a temporary part-time MIS
Assistant.
Item 6. To approve the hiring of Bob Ottman as a seasonal part-time Civic Arena
Supervisor.
Item 7. To approve the hiring of John Hassett, Tim Dealy, Ryan Rausch and
George Sellner as seasonal ballfield/athletic filed attendants.
Item 8. To approve the hiring of Velta Jean Martin and Kevin Doehling as seasonal
park maintenance workers.
Item 9. To approve the hiring of Mark Rehder as a seasonal tree inspector.
Item 10. To approve the hiring of Leroy Berg as a seasonal weed inspector.
Item 11. To approve the hiring of Diana Bolinder as a seasonal horticulturist
technician.
Item 12. To approve the hiring of Stanley Schneider and Marc Shippee as seasonal
• forestry technicians.
Item 13. To approve the hiring of Edward Lang, Jr. and Sean Moilanen as seasonal
street maintenance workers.
Item 14. To approve the hiring of Nora Flueger, Lei-Lani Fischer, Martha Buyck,
Deborah Buntjer, Holly Confer and Julie Beecher as seasonal concession
workers.
Item 15. To approve the hiring of Jarrod Ryan and Amy Smiler as seasonal summer
recreation program assistants.
B. Change Orders, Municipal Center Building Project
To approve change orders in the net amount of$181.68 for Municipal Center Expansion
as presented.
C. Substantial Completion and Acceptance,Eagan Police Facility
To acknowledge substantial completion and accept the Eagan Police Facility from the
project contractors.
• D. Ratify, Authorization To Prepare Highway 55/149 Redevelopment Tax Increment
Financing District Plan and Schedule a Public Hearing on June 4. 1996
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To ratify the Council's direction at its work session of April 23, 1996, to prepare a
redevelopment tax increment financing plan for the eligible area around Highway 55 and
149 and to schedule a public hearing for June 4, 1996.
E. Massage Therapist License, Jessica Kittleson at Lifetime Fitness
To approve a massage therapist license for Jessica Kittleson to work at Lifetime Fitness.
F. Approve Agreement with R.L. Youngdahl & Assoc., Inc. for Insurance Brokerage
Services
To approve or deny a three (3) year agreement with R.L. Youngdahl & Assoc., Inc. for
insurance brokerage services.
G. Approve Senior Citizen Special Assessment Deferment -Project No. 644, Oslund-
Timberline
To approve a senior citizen special assessment deferment with Eugene ugene D. and Reaolo R.
Miller for 3061 Loon Lane(Parcel No. 10-55300-220-04).
H. DeLosh Addition-Final Subdivision
96.29.1
To approve or deny the Final Subdivision for DeLosh Addition for 13 lots on 9.9 acres in
the SE' of Section 4 located north of Skyline Drive, south of Highview Terrace and west
of Highview Park.
I. Extension of Preliminary Subdivisions (Indy Lube Addition) -Phillips 66
To approve or deny a 90-day extension of the Preliminary Subdivision (Indy Lube
Addition) approval for Outlot A, George W. Giles Addition, located north of the Phillips
66 Station, west of Pilot Knob Road and east of I-3 5E.
J. Project 701, South Hills Addition
To receive the feasibility report for Project 701 (South Hills Addition- Street
Rehabilitation) and schedule a public hearing to be held on June 4, 1996.
K. Contract No. 94-04, Englert Road
To approve the 6th and final payment of$2,000.00 to Ryan Contracting, Inc. for Contract
No. 94-04 (Englert Road Street & Utilities) and authorize acceptance for perpetual
maintenance subject to appropriate warranty provisions.
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L. Vacation of Public Right-of-Way(Yankee Doodle Court&Kutoff Drive)
To receive the petition to vacate the public right-of-way (Yankee Doodle Court & Kutoff
Drive) and schedule a public hearing to be held on June 4, 1996.
M. Project 706. Wilderness Run Road
To receive the feasibility report for Project 706 (Wilderness Run Road - Overlay) and
schedule a public hearing to be held on June 4, 1996.
N. Traffic Signal Agreement (Lone Oak Road&I-35E)
To approve MnDOT Traffic Control Sign Agreement No. 73899M (Lone Oak Road &
35E) and authorize the Mayor and City Clerk to execute all related documents.
O. Contract No. 96-07, Hayes&DeLosh Addition (Storm Sewer)
To approve the plans and specifications for Contract No. 96-07 (Hayes & DeLosh
Addition - Storm Sewer) and order an advertisement for a bid opening to be held on June
7, 1996, at 10:30 a.m.
P. Vacate Utility Easement(Govt. Lot 6-Proposed Seneca Hills Addition)
To receive a petition to vacate utility easements (Government Lot 6 - Proposed Seneca
Hills Addition) and schedule a public hearing to be held on June 4, 1996.
Q. Approve Arbor Day Resolution 96.30
To approve the Arbor Day Resolution setting Saturday, May 11, 1996, as Arbor Day and
May 1996, as Arbor Month in the City of Eagan.
R. Approve Agreement, School District#196 for Joint Park/School -Red Pine
Elementary
To approve Joint Power Agreement with School District #196 for joint development and
usage of Red Pine Elementary/Hidden Corner Park and authorize the Mayor and City
Clerk to execute the documents.
S. Approve Amendment to Agreements_School District#196 for Play Equipment Inspection
at Joint School/Parks- Woodlands& Oak Ridge Elementary
To approve an amendment to the Joint Powers Agreement with School District #196 and
• authorize the Mayor and City Clerk to execute the documents.
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S96.30.1
T. Proclamation, Eagan High School "Blue Ribbon School of Excellence"
To approve a resolution proclaiming May 23, 1996, to be "Blue Ribbon School of
Excellence" day in the City of Eagan.
U. Notice of Intention To Terminate Municipal Buildings Waste Hauler Contract &
Authorization to Solicit Bids For Municipal Buildings Refuse and Recycling Services
To approve or deny a notice of termination of municipal building refuse hauling contract
and authorize the solicitation of bids for hauling services.
Councilmember Wachter moved, Member Hunter seconded, a motion to approve the
Consent Agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
HEARTLAND HOMES VARIANCE
Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese
presented City staffs evaluation of the request as outlined in the City staffs planning report dated
• April 25, 1996.
The property owner, Michael Dividing was present but gave no additional information.
Councilmember Hunter stated that the City often times stretches the exact meaning of"hardship"
and will approve a variance even when the rezoning thinly falls within the term "hardship" because
the application is compatible with the immediate surrounding neighborhood. He suggested that
perhaps it may be appropriate for the City to adopt an ordinance or a policy to apply to situations
as the present item. Mayor Egan indicated that he would prefer an informative memo from the
staff to consider for implementing a"hardship" policy, but that he prefers to address variances on
a case-by-case basis without being bound to a set policy. City Attorney Sheldon advised that
because a variance is a quasi-judicial process, each request stands by itself and shall be considered
as a separate creature from the next. Councilmember Wachter stated that he prefers the flexibility
under the present process and does not favor a policy. Councilmember Awada concurred with
both Wachter and Hunter, but stated the City Council generally does not deny a variance request
unless the neighbors oppose.
In response to Councilmember Wachter's inquiry, the applicant stated that the garage
addition could be moved back without significant changes to the structure, but would diminish the
curb appeal.
Councilmember Awada moved, Member Masin seconded, a motion to approve the four
foot variance to the required 30 foot setback from the public right of way for Lot 1, Block 1,
• Verdant Acres, located at 3574 Woodland Court. Aye: 5 Nay: 0
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JACK SKOGLUND - VARIANCE
Following a brief introduction by Administrator Hedges, Senior Planner Lisa Freese
presented City staffs evaluation of the request as outlined in the City staffs planning report dated
April 25, 1996.
The applicant, Jack Skoglund, noted that the addition would be 19 feet from the right-of-
way line, but actually 35 feet from the roadway curb. Mr. Skoglund further stated that he agrees
to the staffs recommended conditions. He further advised that it would not be possible to move
the garage addition back. Mayor Egan stated that this application is not similar, but in fact at the
opposite spectrum from the Heartland Homes variance request. Mayor Egan explained that
Heartland is a new subdivision with the majority of homes having three-car garages and that the
Heartland variance would bring the house up to the surrounding neighborhood standards.
Conversely, as Mayor Egan stated, the applicant is located in a mature subdivision where a
dominant number of the homes have only two-car garages. Therefore, as Mayor Egan stated, the
addition of the third garage would surpass the surrounding neighborhood standards. The applicant
responded that the addition of a third garage would not be inconsistent with the neighborhood
because a number of the homes do have three-car stalls. Councilmember Awada noted that adding
a three-car garage may in fact bring the neighborhood standards up. Dave Wolf, a resident at
Coventry and Beacon, stated he supported the request for the variance because it would add to
the neighborhood and noted that he has a three-car garage.
Councilmember Awada moved, Member Wachter seconded, a motion to approve the 11
foot variance to the required 30 foot setback from the public right of way for Lot 51, Block 6,
Beacon Hill, located at 4796 Beacon Hill Road, subject to the three conditions outlined in the
staff report. Aye: 5 Nay: 0
Councilmember Hunter stated that he would prepare a memorandum presenting proposed
policy language regarding implementation of a hardship standard for variances.
THOMAS N. TWEETEN- BUILDING MOVE PERMIT
City Administrator Hedges gave a brief introduction to this item. Following a brief
introduction by Administrator Hedges, Senior Planner Lisa Freese presented City staffs
evaluation of the request as outlined in the City staffs planning report dated April 8, 1996.
The applicant was not present and no persons from the public were present to comment.
Mayor Egan indicated he had concerns that the barn proposed to be moved into Eagan would
adversely affect the neighborhood development and would be incompatible with future residential
use in the area. Councilmember Awada opined that the area in which the barn is proposed to be
moved should be left rural. She added that the location is private property and Wit is developed in
• the future it will be the property owner's expense to remove the barn. Councilmembers Masin and
Wachter concurred. Councilmember Hunter reiterated that by the letter of the ordinance, the
Council should deny the request, but will support the applicant's request.
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Councilmember Awada moved, Member Masin seconded, a motion to approve the
building permit to move a 42'x22' barn from Rosemount, Minnesota to 4711 Dodd Road located
south of Cliff Road and east of Dodd Road and legally described as PID #10-03600-110-28.
Aye: 5 Nay: 0
Mayor Egan noted that the approval of the permit request shall in no way indicate that
Eagan has a long-term plan for rural use.
VACATE UTILITY EASEMENT-EAGANDALE OFFICE PARK
Administrator Hedges provided a brief introduction of this item noting that it coincides
with Item J under new business, final plat approval for MEPC American Properties Inc. A
representative of the applicant for the final plat of MEPC American Properties Inc., requested that
this item and Item J under New Business be heard together because of its related nature. The City
Council concurred that the matters would be heard together.
Councilmember Hunter moved, Member Wachter seconded, a motion to approve the
vacation of the drainage and utility easement as described over Lot 1, Block 2, Eagandale Office
Park and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
•
EAGAN COMMERCE ADDITION-FINAL PLAT
MEPC AMERICAN PROPERTIES INC.
96.30.2
Administrator Hedges briefly introduced this item.
Councilmember Awada moved, Councilmember Hunter seconded, a motion to approve
the final plat for the Eagan Commerce Addition consisting of one lot on 6.25 acres located on the
north side of Trapp Road.
PROJECT NO. 699- SAFARI AT EAGAN 3RD ADDITION
Following a brief introduction by Administrator Hedges, Public Works Director Tom
Colbert presented a brief history of the project. Mark Hanson of Bonestroo, Rosene, Anderlik &
Associates, Inc. highlighted the project and outlined the project costs.
Byron Watschke, the developer for Safari at Eagan 3rd Addition preliminary plat,
expressed opposition to the cost allocation of the improvements. He stated that the right-turn lane
was recommended as a result of his development, but it will benefit all users of Thomas Center
• Drive. He stated that the improvement is not a special benefit to his property, but a benefit to the
entire commercial development at Thomas Lake Center. Mr. Watschke expressed opposition to
the additional ponding improvements, noting that Fortune Realty gave the City a ponding
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easement and now the City is requiring a taking of additional ponding land for which the
developer should be compensated.
In response to Mayor Egan's inquiry, Public Works Director Colbert stated that the costs
for the right-turn lane were assessed to the developer because the need for the improvements
resulted from the developer's new development at the site. Councilmember Hunter noted that
during the Town Centre development, the City Council considered wide-area assessments and
decided not to use that method after looking at the primary purpose of the improvement itself. He
further stated that because the necessity of the improvement is a result of the particular
development itself, he supports site specific assessment. Councilmember Wachter noted that if the
City decides to implement an area-wide assessment in order to spread out the assessments to all
those that benefit, then the City will need to renotice the other affected property owners which
will slow the developer's process down. Mr. Watshke noted that the traffic from Life Time Fitness
generates more traffic on a 24-hour basis to the Thomas Center Drive then his proposed
development and therefore, the assessment should be area-wide spread.
In response to Councilmember Masin's inquiry, Mark Hanson indicated that they do not
have a cost/assessment breakdown if other properties are assessed. Mayor Egan added that Life
Time Fitness and neighborhood residents will contribute to the need for a right-turn lane and
therefore, they will benefit from its construction as well. Mayor Egan expressed his concern about
• assessing only the developer for an improvement which will have a area-wide benefit.
Councilmember Wachter stated that developers should come in with eyes open and expectations
to be subject to requirements as they arise. He added that the developer here knew his proposed
use would generate traffic and knew the already existing high-traffic volume with Life Time
Fitness. Additionally, Councilmember Wachter noted that the right-turn lane requirement was
subject of the preliminary plat approval and the applicant should have objected at that time. Public
Works Director Colbert suggested that the public project could be cancelled and the developer
agree to do the improvements pursuant to a private development contract and then re-petition the
City to treat it as a public project at which time all other affected property owners could be
noticed to be included in the assessments. Councilmember Masin inquired as to what are the costs
to be saved by the developer and the cost to the City to re-do the notices for a public project,in
addition to the costs of the City to cover the project.
With respect to the ponding issue, Public Works Director Colbert stated that the request
for additional ponding land is justified in that subsequent surveys and grading plans to the original
easement provided with Safari at Eagan 1st Addition indicated a need for more ponding area to
protect the new proposed buildings by the developer. In response to a Councilmember Hunter's
inquiry, Mark Hanson advised that of the $3,000.00 - $4,000.00 cost for the feasibility report,
50% can be allocated to the pond issue. Councilmember Hunter suggested that the City trade the
ponding land for the cost of the feasibility report.
Councilmember Hunter moved, Councilmember Wachter seconded, a motion to close the
public hearing and approve Project 699 (Safari at Eagan 3rd Addition), with the deleting of the
right-turn lane improvement from the project, and approve the assessment of 50% of the cost of
the feasibility report to the developer. Aye: 5 Nay: 0
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PROJECT NO. 700 - HALL STREET- UTILITIES
Following a brief introduction by City Administrator Hedges, Public Works Director
Colbert presented a brief history of the project. Mark Hanson of Bonestroo, Rosene, Anderlik &
Associates, Inc. highlighted the proposed project and outlined the estimated project costs.
Heide and Dave Kolhoff stated that they are being forced with the improvements and the
assessed costs because of the two businesses requiring the utility services. The Kolhoffs stated
that the businesses benefit from the proposed services and not them. Mark Hanson advised that as
an alternative to the proposed improvement project, the City could stop the sanitary sewer and
watermain short of the Kolhoffs' property and use a private extension to service the Neisius'
property. Mr. Hanson stated that this alternative would reduce the costs to the Kolhoffs, but
would increase the costs to the Neisius' property because of the private extension. Mr. Hanson
added, however, that going forward with the alternative would require the City to re-align the
lines when the area is later developed and thus, it will increase the costs assessment in the future.
Public Works Director Colbert advised that the watermain needs to be extended now to Dodd
Road for future looping of the system.
Councilmember Awada stated to the Kolhoffs that they do have the option of assessment
payment deferral which will become payable only upon a triggering of a certain event, such as
411 connecting to the system. Councilmember Hunter noted that if the City waits to put the sewer and
watermain through to Dodd until the Dodd improvements, the City runs the risk of nonrecovery
of the costs due to inability to prove benefit to the property. Councilmember Hunter opined that
the proposed project is the most efficient and least expensive way to complete the ultimate
system.
Councilmember Wachter moved, Councilmember Awada seconded, a motion to close the
public hearing and approve Project 700 (Hall Street - Utilities) and authorize the preparation of
detailed plans and specifications and direct staff to work with the Kolhoffs to explain their
assessment alternatives. Aye: 5 Nay: 0
PROJECT NO. 680- CLIFF ROAD
Following a brief introduction by City Administrator Hedges, Public Works Director
Colbert presented a brief history of the project. Steve Gatlin of MSA Engineers highlighted the
proposed project and outlined the estimated project costs.
In response to Councilmember Awada's inquiry, Mr. Gatlin advised that the proposed
streetlights comply with the City's residential street intersection light policy, in addition to
enhancing safety at the intersection. Mr. Gatlin noted that the proposed streetlights are only at
intersections. In response to Councilmember Awada's inquiry regarding the installation of a cul-
• de-sac on Park Ridge Drive at Cliff Road, Public Works Director Colbert stated the purpose
would be to eliminate and/or reduce access onto Cliff Road. He stated that the County supports a
cul-de-sac, but a safety issue exists because it would provide only one access point in the entire
subdivision. Colbert further noted that it would be preferable not to eliminate the west access
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point because it has less visibility problems. Colbert also noted that the residents not living along
the proposed cul-de-sac street oppose because it would increase traffic through their area of the
subdivision.
Don Larson of Park View Golf Course stated he opposed the project because the project
does not preserve the Golf Course's natural amenities. He stated that increasing the road elevation
by three feet will create flooding in and about the 18th green. He further noted that the widening
of the street will remove the grassy depression and tree fence line at the 18th green which
currently serves as a screen preventing golf balls from leaving the golf course and going onto Cliff
Road. Mr. Larson also stated that the project will result in a loss of trees at and near the 18th
green which serve as a fence line and will require a reconfiguration of the golf course to avoid the
18th green balls going into Cliff Road or the proposed bike trail. Mr. Larson concluded that the
two proposed service stubs do not need to be installed at the Golf Course because it currently
works off of three water wells.
A resident from 1205 Dunberry stated that the Council needs to consider business versus
residential priority. He stated that while the residents in the area are open to progress, they do not
support an unnecessary project. Millie Mullson stated her house faces Cliff Road. She stated that
increasing the roadway to four lanes will only increase an already speed lane street. She further
stated that presently her patio door is merely 90 feet from the shoulder and the project will
• decrease that difference significantly and increase the noise level. Jay Fredrickson stated he
opposed the project because it will only increase the speed along that stretch of road and that it
will take away from the rustic appearance of that stretch. Mayor Egan stated that the City has no
control over making or issuing the speed limit zones. Wayne Olson of 1250 Cliff Road stated that
he is the only assessed private property owner and fears the project will result in a loss of mature
pine trees which work as a buffer of his residence from Cliff Road. He stated that he opposes the
project because it is overbroad and not needed.
Councilmember Awada questioned whether there is a need for the proposed
improvements in light of the fact that the area in which the improvements are to be installed is
already developed and the traffic volume is not significant. Public Works Director Colbert noted
that the Police Department reports a majority of the accidents are at the Lexington Avenue
intersection and a need for a turn lane exists due to the present traffic using the shoulder as a pass
lane.
A resident of 4561 Oak Chase stated that his property is currently 20 feet from Cliff Road
and has never observed a traffic backup or accident along the proposed project stretch. The
resident noted that between Pilot Knob Road and Lexington, the Police Department provided
reports of only five to six accidents within the last two years, mostly being property damage. The
resident stated that the proposed project is not worth or needed for $4 million dollars
Councilmember Masin stated that this project reminds her of the Diffley improvements which was
not absolutely necessary and has perhaps destroyed the character of the area. Councilmember
• Hunter questioned the necessity of the bike trails on both sides of the roadway when there are no
residents for much of the area. He added that while safety is a concern, there is no evidence that
safety is endangered based on the low number of accidents in the area. He further added that the
day trip data does not pass the threshold for requiring a four-lane road. Councilmember Wachter
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concurred with Councilmember Hunter. A resident near Cliff Road and Oak Ridge intersection
stated that the improvement will result in a loss of trees which serve as a buffer to Cliff Road.
Councilmember Wachter suggested that this project be delayed for two years, at which
time the need for improvements will probably then be there. Councilmember Awada concurred
with Councilmember Wachter to either cancel the project or continue it for two years.
Councilmember Hunter and Mayor Egan also concurred.
Councilmember Watcher moved, Councilmember Hunter seconded, a motion to close the
public hearing and deny Project No. 680 (Cliff Road Upgrade) and request Dakota County to
place the project on its 1998 CIP. Aye: 5 Nay: 0
OLD BUSINESS
EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL
(EAGANDALE CORPORATE CENTER) -MAPLEWOOD ACRES, INC.
Following a brief introduction by City Administrator Hedges, Senior Planner Lisa Freese
highlighted the information presented in the memorandum dated May 2, 1996. Ms. Freese noted
• the background of the preliminary subdivision development and the issues to be considered by the
Council regarding the extension.
Gar Hershkin, a representative of Dart Transit, stated that he assumed the extension
would be granted without any issues and is willing to work out the engineering costs for the
required improvement project. In response to Councilmember Wachter's inquiry, Mr. Hershkin
advised Maplewood Acres is owned by the owner of Dart Transit which acts as a holder of the
property. Public Works Director Colbert advised that he and the planning staff met with Jack
Heschler, the attorney for Dart Transit, last week to discuss the issue of the improvement project
engineering costs and it appeared to be worked out. Mayor Egan indicated that the extension
raises concerns due to the City's desire to evaluate trucking/terminal uses and the recent creation
of the business park zoning district. Mr. Hershkin agreed to continue this item 30 days to the June
4, 1996, City Council meeting to address the engineering costs issue with the applicant.
Councilmember Wachter moved, Councilmember Masin seconded, a motion to continue
this item for review at the June 4, 1996, City Council meeting. Aye: 5 Nay: 0
NEW BUSINESS
ORDINANCE AMENDMENT- "P" -PUBLIC FACILITIES DISTRICT
• Following a brief introduction by Mayor Egan, Councilmember Hunter moved,
Councilmember Masin seconded, a motion to approve an ordinance amendment to Chapter 11.20,
Subd. 7 "Public Facilities" deleting "provided any such purpose is not a commercial profit making
enterprise." Aye: 5 Nay: 0
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May 7, 1996
EAGAN CITY COUNCIL 0(4.'2,2
•
CONSIDER ACQUISITION, 3.52 Acre Tax Forfeit Parcel of
Land North of Royal Oak Circle
City Administrator Hedges introduced this item, outlining the background of the issue
presently before the Council. Parks and Recreation Director Ken Vraa highlighted the background
and history of this item, a description of the subject parcel and the City staffs evaluation of the
acquisition. In response to Councilmember Hunter's inquiry, Vraa advised that there is an erosion
problem within the site and that it will need to be corrected even before any development as a
park. In response to Councilmember Masin's questions, Vraa advised that there would be no
development on the three-acre parcel until the adjacent six-acre parcel is developed because to
develop as a total plan, as opposed to developing in a piece-meal fashion, the City will be able to
keep the cost down.
A resident from Surrey Heights Townhomes, a spokesperson on behalf of the Association,
stated that the residents' concerns cannot be minimized, and cannot be overemphasized. He stated
that the area has very high density with no public park area for its residents. He stated that Surrey
Heights has been used as a "defacto" park. He further stated that the subject site could be used as
a corridor to the six-acre parcel, whereas the six-acre parcel will be landlocked if the subject site
is developed. Isabel Kennely stated she opposes to the property as a park because the proposed
• development will provide affordable one-level townhome housing which does not currently exist
in Eagan. She noted that there are 53 parks in Eagan, but not one affordable single-level
townhome complex.
Tom Wilkinson of Principle Construction stated that there currently exists a 6.3 acre park
area next to the subject site. He further noted that if the City develops the site for park or just
open space it will cost, at a minimum, $15,000.00 to grade the parcel; at least $30,000.00 to
develop for an open-space park; and an unknown amount of money to simply maintain it.
Conversely, as Mr. Wilkinson noted, if the parcel is developed the City will recover $112,000.00
in lost assessments and the tax base will increase with the 21-townhome development.
John Zonjersko, a Surrey Heights resident, presented a petition with 120 signatures
opposing the proposed development. He stated that the area residents want the park as open
space and the City does not need more townhome living. Mr. Zonjersko stated that the land is
free to the City for its use as a park and that recovering the $112,000.00 is not profit, but money
the City had already considered lost. He stated that the City can develop the land for open space
for less money than to construct a right-turn lane. Jim Gullickson, another Surrey Heights
resident, stated that the area is already too dense and is in need of sufficient park space.
Councilmember Hunter stated that the land is not "free" to the City because it will cost money to
develop it as a park and the City will forever lose the $112,000.00 in past assessments, whereas it
will collect that money if it is sold and developed. Councilmember Hunter stated that while he is
sympathetic to the area residents, he must look at the issue as a City-wide concern.
• Councilmember Wachter concurred with Councilmember Hunter. Councilmember Awada stated
that indeed the parkland is not free, but the area is very dense and lacks any open space and the
City's townhome supply is currently in excess of its need. Mayor Egan stated that he concurred
with Councilmember Hunter and noted that the staff report delineated the issues very well. He
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May 7, 1996
EAGAN CITY COUNCIL O(4'
•
added that the City Council must have a reasonable basis for acquiring the property and it must be
fiscally responsible to the City's residents. He stated that to spend $112,000.00 for a park that it
does not need is not feasible.
Councilmember Awada moved, Councilmember Hunter seconded, a motion to acquire the
tax forfeit parcel legally described as Lots 1, 2, 3 and 4, Royal Oaks Circle 2nd Addition and
authorize staff to complete minimum erosion control. Aye: 3 Nay: 2 (Wachter and Egan)
REZONING AND PRELIMINARY SUBDIVISION (ROYAL OAK
CIRCLE FOURTH ADDITION)-PRINCIPLE CONSTRUCTION
Councilmember Hunter moved, Councilmember Awada seconded, a motion to direct the
City Attorney's office to draft a resolution, with findings, denying a rezoning from R-4 to R-3 of
3.52 acres located on the west side of Federal Drive, south of Yankee Doodle Road and to deny a
preliminary subdivision (Royal Oak Circle Fourth Addition) consisting of 22 lots on 3.52 acres.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT- (MCKEE
• ADDITION)- CITY OF EAGAN
City Administrator Hedges briefly introduced this item.
Mayor Egan moved, Councilmember Wachter seconded, a motion to approve a
Comprehensive Guide Plan Amendment for McKee Addition, McKee Second Addition, and
McKee Third Addition changing the designation from IND (Industrial) to D-1 single family
residential subject to the four policies enumerated in Section 11 of the planning report. Aye: 5
Nay: 0
PLANNED DEVELOPMENT AMENDMENT- TORGERSON PROPERTIES
LOT 2, BLOCK 1, RAHNCLIFF 4TH: CLASS I RESTAURANT W/LIQUOR
City Administrator Hedges briefly introduced this item.
Councilmember Wachter moved, Councilmember Awada seconded, a motion to approve
the Planned Development Amendment to allow on-sale liquor at the Greenmill Restaurant located
at Lot 2, Block 1, Rahncliff 4th Addition. Aye: 5 Nay: 0
LICENSE, ON-SALE LIQUOR, NEU& TORGERSON,L.L.P. dba
• GREEN MILL RESTAURANT, RAHNCLIFF COURT
City Administrator Hedges briefly introduced this item.
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May 7, 1996
EAGAN CITY COUNCIL 001,14
•
Councilmember Masin moved, Councilmember Hunter seconded, a motion to approve an
on-sale liquor license for Neu & Torgerson L.L.P. for the Green Mill Restaurant located on
Rahncliff Court as presented. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY
SUBDIVISION-BLACKHAWK ACRES 4TH ADDITION
City Administrator Hedges briefly introduced this item.
Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve
the Rezoning of 0.6 acres from R-3 Residential Townhouse to R-1 Single Family located on the
west side of Robin Lane, east of Townview First Addition, in the SE'/4 of Section 17. Aye: 5
Nay: 0
Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve
the Comprehensive Guide Plan Amendment of 0.6 acres from D-III Mixed Residential to D-1
Single Family. Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve
the Preliminary Subdivision (Black Hawk Acres 4th Addition) consisting of 2 lots on 0.6 acres
subject to the conditions recommended by the APC. Aye: 5 Nay: 0
PRECISION TUNE-PLANNED DEVELOPMENT AMENDMENT
City Administrator Hedges briefly introduced this item. A representative of the applicant,
Precision Tune, was present but had no comment.
Councilmember Wachter moved, Councilmember Masin seconded, a motion to approve
the Planned Development Amendment for a six-bay auto service facility west of Pilot Knob Road
and east of I-35E, just north of the existing Phillips 66 station, on Outlot A, George W. Giles
Addition, subject to the nine conditions listed in the staff report. Aye: 5 Nay: 0
REZONING- INDUSTRIAL EQUITIES & RES INVESTMENTS
Following a brief introduction by City Administrator Hedges, Senior Planner Lisa Freese
highlighted the information presented in the City staffs planning report dated April 16, 1996. The
applicant, John Allen, was present but had no comment.
Councilmember Masin moved, Councilmember Awada seconded, a motion to approve a
rezoning of approximately 80 acres from PD (Planned Development) to BP (Business Park) for
property currently platted as Robins Addition, Outlots A-D, located on the west side of T.H. 149
in the NE1/4 of Section 2. Aye: 5 Nay: 0
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May 7, 1996
EAGAN CITY COUNCIL . ^11 7 ,
MCCARTHY ROAD PARKING RESTRICTION
Following a brief introduction by City Administrator Hedges, Public Works Director
Colbert outlined the parking restriction petition. In response to Mayor Egan's request, Colbert
advised that the hill along McCarthy Road creates a blind stop and any vehicles parked on the
other side can cause a potential danger for traffic coming over the hill. Conversely, as Colbert
stated, a parking ban could increase the speed along the road because the residents no longer need
to be cautious at the crest of the hill. Colbert further indicated that there was no maintenance
problems requiring the posting of no-parking signs.
Councilmember Wachter moved, Councilmember Hunter seconded, a motion to deny a
request to restrict on-street parking on McCarthy Road & McCarthy Ridge Road. Aye: 5 Nay:
0
CONTRACT 96-11,YANKEE DOODLE ROAD
Following a brief introduction by City Administrator Hedges, Public Works Director
Colbert briefly outlined the bidding process and the bids received. Colbert noted that the project
• cost will be 14% over the feasibly report estimates due to an expansion in the project scope as a
result of Dakota County and MnDOT requirements. Colbert recommended that any contract
awarded should be subject to MnDOT approval.
Councilmember Wachter moved, Councilmember Hunter seconded, a motion to receive
the bids for Contract 96-11, award the contract to the lowest bidder and authorize the Mayor and
City Clerk to execute all related documents, subject to MnDOT approval. Aye: 5 Nay: 0
APC REQUEST- CONSIDER INITIATING LAND USE TRUCKING STUDY
City Administrator Hedges introduced this item and noted that the Advisory Planning
Commission recommended that the City Council initiate a study to determine where trucking
operations should be located City wide and to analyze development with emphasis on a
development capacity of Trunk Highway 149 Corridor. Councilmember Awada noted that
although the City Council has expressed concern regarding the trucking uses, the Council is not
anti-truck. Councilmember Awada emphasized that the focus of the study would be to determine
the appropriate area within the City for trucking businesses.
Councilmember Hunter moved, Councilmember Masin seconded, a motion to direct the
APC to proceed with the study examining where trucking operations should be located within the
City and to identify ways to implement the proposed site recommendations. Aye: 5 Nay: 0
• Councilmember Hunter moved, Councilmember Masin seconded, a motion to direct staff
to study the development capacity of Highway 149 Corridor with regard to traffic impacts and to
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May 7, 1996 ;
EAGAN CITY COUNCIL
•
identify improvements necessary to accommodate that development in conjunction with MnDOT
Corridor Study. Aye: 5 Nay: 0
EXTENSION OF PRELIMINARY SUBDIVISION- HAYES ADDITION
Following a brief introduction by City Administrator Hedges, Public Works Director
Colbert explained the engineering issues, namely: the construction of the lateral storm sewer
through the subject property. Colbert advised that the applicant, Brian Hayes, requested that the
$15,000.00 lateral benefit assessment be removed as his preliminary subdivision approval
condition. Colbert explained that the construction of the lateral storm sewer and the applicant's
responsibility for the costs associated therewith was a condition of the applicant's preliminary plat
approval. In addition to the preliminary plat approval condition that the applicant be responsible
for the property's share of the storm sewer cost, a condition of the preliminary subdivision
extension be that the applicant execute a right of entry agreement to allow entry upon his property
to begin construction of the storm sewer.
Mr. Hayes stated that he does not believe that it is fair that the repair and construction of
the storm drainage sewer be a condition of his development of the property because he originally
went to the City requesting repair of the system because the existing sewer collapsed and the
411 property was eroding. Mr. Hayes stated that he did not understand what a "lateral benefit" meant
and why he was required to pay the entire amount. He further stated that he did not understand
why each lot could not be charged with a trunk charge, as opposed to having to pay the lateral
benefit. Public Works Director Colbert explained the difference between a lateral benefit and a
trunk area charge. Mr. Hayes stated that he will not develop the property if he is going to be
.assessed the property's share of the storm drainage sewer construction because it is too costly and
the lots will not be sold at a price which the assessment can be recovered. Mr. Hayes stated that
he does not believe that the erosion problem and the development of the property coincide with
each other and therefore the construction of the new storm drainage sewer should not be a
requirement of the development.
Councilmember Awada stated that the issue of whether the applicant should be assessed
for the cost of constructing the storm sewer drainage is not an issue in the City Council
determining whether an extension of the preliminary subdivision approval should be granted. Mr.
Hayes stated, however, that if the property is not developed, the problem with the drainage and
erosion will still exist and will need to be addressed. Public Works Director Colbert tried to
explain to the applicant that absent development of the property, the City could still go in the
storm drainage sewer to correct the erosion problem and Mr. Hayes, as the property owner,
would be assessed for the cost.
Mayor Egan stated that it was not appropriate to debate at this time whether a lateral
benefit exists and that the only issue before the City Council is whether the preliminary
1110 subdivision approval will be extended subject to the same conditions that were placed at the time
of the original approval. Mayor Egan explained that if the applicant wants an extension of the
preliminary subdivision, then he will have to accept all conditions.
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May 7, 1996 04,1:16.,137_
EAGAN CITY COUNCIL
Councilmember Hunter moved, Councilmember Awada seconded, a motion to approve a
one-year extension of the preliminary subdivision for Hayes addition subject to the existing
conditions and the additional condition that the developer execute a right of entry agreement by
July 1 to permit the public improvement project to construct the storm sewer within Hayes
Addition. Aye: 5 Nay: 0
LEGISLATIVE AND INTER-GOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges noted Hamline University's recognition of the City of Eagan as
the "Internship Employer of the Year".
ADMINISTRATIVE AGENDA
City Administrator Hedges advised the Council that the Holz property, which consists of
1.4 acres and is being considered for City park property, has been appraised by Richard Holz' real
estate agent at $175,000.00. Hedges stated that he believes the property could be purchased for
much less than that. Park & Recreation Director Ken Vraa described the property under
consideration. Mr. Vraa advised that Ray Connelly appraised the property at a significantly less
• amount, $112,000.00. In response to Councilmember Awada's request, Mr. Vraa stated that the
property is much too expense to acquire for park property. Councilmember Wachter stated that
this piece of property interests him for use as park property and suggested that the City negotiate
with the property owners directly, not through their realtor.
Councilmember Wachter moved, Councilmember Masin seconded, a motion to direct City
staff to negotiate with the property owners with respect to the acquisition of the property and to
include the property with the Park Bond Referendum. Aye: 4 Nay: 1 (Hunter)
VISITORS TO BE HEARD
Marilyn McNurlin, resides on McCarthy Road within the Timberline Addition, stated that
she and her husband dispute the final assessment of their property for the McCarthy Road
improvements and offered to pay one-half of the assessment as a settlement of the issue. Ms.
McNurlin stated that their right to appeal has not yet been exhausted and they will file an appeal if
the City Council will not agree to their settlement proposal. She stated that her purpose at this
meeting was to request the City Council to reconsider the assessment. Ms. McNurlin stated that
they challenged the 1974 assessment and prevailed in District Court. Public Works Director
Colbert explained his previous discussions with the property owners regarding the basis for the
assessments and the property owners procedural rights. He stated that he advised the McNurlins
that they may request the City Council to reconsider the assessment.
• Councilmember Hunter stated that the McNurlins presented no new evidence or argument
to justify the Council to reconsider the assessment. Councilmember Wachter concurred.
Councilmember Awada suggested that it may be less costly for the City to settle the assessment
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May 7, 1996
EAGAN CITY COUNCIL 'O'`.1.'7
dispute then to incur the costs to contest the issue in court. Mayor Egan concurred with
Councilmember Hunter that no new argument or basis for reconsideration was brought forth by
the McNurlins and that they are arguing the same position they argued when the City Council
originally approved the assessment.
Ms. McNurlin stated that they won the 1974 street assessment appeals because their
property did not abut McCarthy Road. Public Works Director Colbert, however, stated that it is
his understanding that they prevailed in 1974 because of an issue regarding proper notice, not on
a basis of no benefit. Both Councilmembers Awada and Masin indicated that they want more
information on the previous lawsuit before they will reconsider the approved assessments. Mayor
Egan and Councilmember Wachter stated that the McNurlins were properly assessed at the
outset. The City Council concurred to deny the McNurlins'request for their reconsideration of the
assessment.
Public Works Director Colbert advised the Council that the City received a request from a
motion picture production company requesting the closure of Nicols Road at Black Dog Road on
May 16, 1996, from 6:00 a.m. to 8:00 p.m. Colbert advised that there are no safety concerns
involved with the request and the City Council concurred that if there are no problems or issues in
closing the roads, it will support the request.
Councilmember Wachter moved, Mayor Egan seconded, a motion to approve the closure
of Nicols Road at Blackdog Road on May 16, 1996, from 6:00 a.m. to 8:00 p.m.
Councilmember Masin advised that she is currently circulating among the Councilmembers
a book regarding municipal financing and the creation and/or adoption of a financial policy by the
City. She also stated that she recently attended a seminar entitled "Crossing Bridges, Connecting
People".
Councilmember Hunter presented a postcard depicting an area in downtown Red Wing
which utilizes the flower hanging baskets instead of ground plates. Councilmember Hunter
suggested this may be considered to be used in the Promenade development.
Councilmember Wachter noted to City staff to investigate a potential junkyard developing
at 1450 Pilot Knob Road.
Councilmember Wachter further indicated that he reviewed the City billings and they are
acceptable.
Councilmember Wachter moved, Mayor Egan seconded, a motion to approve the City
invoice billings.
•
O`O1', .
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May 7, 1996
EAGAN CITY COUNCIL
ADJOURNMENT
The meeting adjourned at 1:00 a.m.
May 7, 1996 a
Date City Clerk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc.,
please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600,
(TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs,
services, activities, facilities and employment without regard to race, color, creed, religion,
national origin, sex, disability, age, marital status or status with regard to public assistance.
•