06/19/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CRY COUNCIL
EAGAN, MINNESOTA
JUNE 19, 1990
A regular meeting of the Eagan City Council was held on Tuesday, June 19, 1990, at the
Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea
and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director
Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
Gustafson moved, Wachter seconded, a motion to adopt without modification the agenda for
the June 19, 1990, regular City Council meeting. Aye: 5 Nay: 0
MU JUTES
0(1
Gustafson moved, Wachter seconded, a motion to approve the minutes for the June 5, 1990,
regular City Council meeting. Aye: 5 Nay: 0
Wachter moved, Gustafson seconded, a motion to approve the minutes for the May 24, 1990,
special City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Pawlenty seconded, a motion to approve the minutes for the May 24, 1990,
special City Council meeting subject to clarification of the third paragraph as follows: In review of the
site plan, there were general comments regarding better site sensitivity and the dwelling units meeting
the R-4 building standards. A detailed discussion on the site specifics will be discussed in the planning
process. Staff was directed to proceed with the preliminary plat application, with the downzoning from
R-4 to R-3 to be processed concurrently. This concluded the R-4 Study presentation at the June 4,
1990, special City Council meeting.' Aye: 5 Nay: 0
STAFF ITEMS
At this time, Mayor Egan asked Cable Administrator Mike Reardon for an update on cable
activities. Mr. Reardon briefly discussed such issues as the reduction in cable complaints, the success
of local access programming and then answered questions from the Council.
Police Chief Pat Geagan was recognized as Eagan's latest Cash for Trash winner. Because
Chief Geagan is a City of Eagan employee, the $300 award was donated to the charity of his choice,
the Community Action Council.
Mayor Egan introduced Dave Johnson, 3840 Ashbury Road, who is having problems with
erosion at his home in Blackhawk Glen. Director of Public Works Colbert said while he had not had
an opportunity to review the situation personally, City staff had looked at the area and it appears that
storm water is draining according to plan. Mr. Colbert said that this type of erosion is very common
during construction as it is too early to sod the properties. He said that developers are asked to install
means of erosion control; however, this is not always done.
Councilmember McCrea questioned whether the storm sewer system was adequate in that area
in light of the number of erosion and run -off complaints. She also asked if the system had been
publicly or privately installed. The Director of Public Works said it had been installed privately and the
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June 19, 1990
0G194
Engineering staff feels it is adequate. Mr. Colbert said that when individual properties as sodded and
landscaped, the original grading plan is not always retained thereby resulting in changes to run -off and
retention patterns.
Mr. Johnson said there is a large hill behind his lot and that storm water runs behind the lots
and down the block. He said the storm water 'rivers' during large rainfalls and 'ponds' in his lot. He
is concerned that it will begin running into his home. Mayor Egan asked that staff check to see if the
property is in compliance with the drainage control plan. City Administrator Hedges then indicated that
staff procedures for investigating erosion control complaints in areas already developed will be clarified
and Mr. Johnson's complaint will be handled accordingly.
Chief of Police Geagan reported that the dispatch center had received 50 calls on June 18 in
the period from 9:00 to 10:30 p.m. regarding odor from the Koch Refinery. He said there were also
reports of illness. Chief Geagan said that an unfortunate side effect of the calls was the tying up of
the regular Police telephone lines thereby prompting a number of non emergency calls on 911. Chief
Geagan said they would not know what caused the odors until Friday, June 22.
CONSENT
Mayor Egan asked if the Councilmembers had any questions regarding any items on the
Consent Agenda.
Councilmember Wachter said he had questions regarding Items H, K, L, and M. The Mayor
then recommended that Item K, Galaxie Cliff Plaza 2nd Addition, be pulled from Consent and moved
to the end of the agenda and that the other items be allowed to remain on Consent if discussion was
brief.
Councilmember Wachter first addressed Item H (Contract 89-13, Cliff Road Water Treatment
Facility). He said the bid should not be awarded considering how much higher the bids were than the
feasibility estimate. Councilmember Gustafson asked if the $1,000,000 difference could be attributed
to additions to the contract.
Director of Public Works Colbert said that feasibility reports are not as complete as detailed
plans and specifications. He said that this is a unique and complex project and many items necessary
to its completion could not be anticipated, i.e., extended warranties on complex equipment, additional
soil testing, finding a second well on site, additional storm sewer because of downstream effects, and
new Public Health requirements.
Councilmember McCrea asked where money to pay for the facility would come from. Director
of Public Works Colbert said it would come from a combination of funds accumulated from a surcharge
added to all building permits and revenue bonds. The Councilmember said she would have additional
questions and asked that the item be pulled from Consent and moved to the end of the agenda for
further discussion.
Councilmember Wachter then asked the Director of Public Works about Item L, and a feasibility
report/public hearing for Country Home Heights. He asked if the storm sewer extension was part of
the master plan. The Director of Public Works said it was an incremental installation of the storm sewer
and that future laterals would tie into the extension.
Councilmember Wachter also had a question on item M, Project 594/Water Quality Pond JP-
67. He asked how deep the pond would be and if it existed at this time. Director of Public Works
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June 19, 1990
Colbert said the optimum depth for a water quality pond is 3' to 5'. He said the pond 'unofficially'
exists but is not working effectively and will require better definition.
A. Personnel Items:
1. It was recommended that the hiring of Jason Forde and Scott Wohnoutka as seasonal park
maintenance workers, Leroy Berg as a seasonal weed inspector and Dave Shomion as a seasonal
streets maintenance worker be ratified.
2. It was recommended that the position of Water Resources Coordinator be approved and
advertisement to fill the position authorized.
3. It was recommended that the hiring of Brent Casselman, Sheila Haugh and Krista Murtfeldt
as seasonal summer recreation staff members be ratified.
4. It was recommended that the sergeants bargaining unit settlement for 1990 be ratified.
B. Ucense Renewals, Service Station Permits
It was recommended that the service station permit renewals for sixteen (16) service stations
be approved. (Exhibit A)
C. Ucense Renewals, Amusement Device
It was recommended that the amusement device renewals for 1990 be approved. (Exhibit B)
D. License Renewal, Massage Therapy Establishment
It was recommended that the massage therapy establishment license renewal for Today's
Concept of Eagan including the massage therapist license for Kathleen Maurer be approved.
E. License Renewals, Driving Range
It was recommended that the driving range license renewal for Tri -Land Companies/Tee Time
Driving Range be approved.
F. Uons Club, Temporary Beer Ucense/4th of July Celebration
It was recommended that a temporary beer license for Robin Norton of the Eagan Uons Club
for the Eagan 4th of Juty Celebration, dates to be effective July 1 through July 4, 1990, be approved.
G. Shows Ucense, 4th of JuN Camival
It was recommended that a shows license for Robin Norton of the Eagan Uons Club for a
camival for the Eagan 4th of July Celebration, dates effective July 1 through July 4, 1990, be approved.
H. Contract 89 -13, Receive Bids /Award Contract (Cliff Road Water Treatment Facility)
It was recommended that this item be removed from the Consent Agenda and placed at the
end of the regular agenda for further discussion.
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June 19, 1990
I. Contract 90-07, Receive Bids /Award Contract (1990 Street Trail Sealcoating)
00196
It was recommended that the bids for Contract 90-07 (1990 Street Trail Sealcoating) be
received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk
authorized to execute all related documents.
J. Project 597, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge 3rd
Addition Trunk Storm Sewer)
It was recommended that the feasibility report for Project 597 (Hills of Stonebridge 3rd Addition
Trunk Storm Sewer) be received and a public hearing scheduled to be held at 7:00 p.m., on July 17,
1990.
K. Project 598, Receive Petition/Authorize Feasibility Report (Galaxie Cliff Plaza 2nd Addition
Streets Utilities)
It was recommended that this item be removed from the Consent Agenda and placed at the
end of the regular agenda for further discussion.
L Receive Feasibility Report/Order Public Hearing (Country Home Heights Storm Sewer)
It was recommended that the feasibility report for Project 595 (Country Home Heights Storm
Sewer) be received and a public hearing to be held August 7, 1990, be scheduled.
M. Project 594, Receive Feasibility Report/Order Public Hearing (Water Quality Pond JP -67)
It was recommended that the feasibility report for Project 594 (Water Quality Pond JP-67) be
received and a public hearing to be held on July 17, 1990, be scheduled.
N. Project 596, Receive Feasibility Report/Order Public Hearing (Woodlands North Addition
Streets Utilities)
It was recommended that the feasibility report for Project 596 (Woodlands North Addition
Streets Utilities) be received and a public hearing to be held on July 17, 1990, be scheduled.
O. Contract 87 -AA, Acknowledge Completion /Authorize City Maintenance (Boulder Ridge
Streets Utilities)
It recommended that the completion of Contract 87 -AA (Boulder Ridge Streets Utilities) be
acknowledged and the assumption of perpetual maintenance by the City be authorized subject to
appropriate warranty provisions of the development agreement.
P. Contract 90-06, Approve Change Order #1 (Lexington Avenue Storm Sewer McCarthy
Property)
It was recommended that Change Order #1 to Contract 90-06 (Lexington Avenue Storm Sewer
McCarthy Property) be approved and the Mayor and City Clerk authorized to execute all related
documents.
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June 19, 1990
District
Q. Approve a Consulting Service Agreement With Dakota County Soil Water Conservation
Ft was recommended that the Consulting Services Agreement with Dakota County SWCD be
approved effective until May 1, 1991, and the Mayor and City Clerk authorized to execute said
agreement.
R. Final Plat, Tranbv First Addition
lt was recommended that the final plat for Tranby First Addition be approved.
S. Final Plat, Joseph Connolly Addition
It was recommended that the final plat for Joseph Connolly Addition be approved.
R -90.43
R -90.44
T. Ratification of 1990 Budget Adjustment in Response to Legislative HACA Aid Reductions
It was recommended that the 1990 General Fund Budget adjustments be ratified as presented.
U. Acceptance of Space Needs Analysis Report
It was recommended that the Space Needs Analysis Report be accepted as presented by BRW.
Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda with the
exception of Items H K which were moved to the end of the regular agenda for further discussion.
Aye: 5 Nay: 0
TUBLICHENRMOS
VACATE UTILITY EASEMENT
LOT 10, BLOCK 3, CLEARVIEW ADDITION
Gustafson moved, Pawlenty seconded, a motion to close the public hearing and approve the
vacation of drainage and utility easements as described over Lot 10, Block 3, Clearview Addition, and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
BNESS
RECONSIDER RESOLUTION CLARIFYING STORM WATER UI1LITY FEE
The City Administrator introduced the item by saying it was a clarification of a resolution
previously approved by the Council on the rate schedule for Storm Water Utility fees.
The Director of Public Works then added that there was some confusion regarding the fee
schedule for high density and /or zoned land uses. He said that the common denominator for all fees
is the Residential Equivalent Factor (REF) and the clarification in the fee schedule reflects that factor.
Pawlenty moved, Wachter seconded, a motion to reconsider and approve a resolution adopting
a Storm Water Utility Policy and related Fee Schedule. Aye: 4 Nay: 1 (McCrea) R 90.45
Councilmember McCrea asked that the record reflect that she voted against this item because
she would like to see an appeals process attached when the City is going to change the rate and that
the rate is applied equitably across the board.
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June 19, 1990
BUSINESS
AIRPORT RELATIONS COMMITTEE RESIGNATIONS /APPOINTMENTS
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After brief discussion regarding volunteer recognition and the Council's regrets upon the
resignation of two members of the Airport Relations Committee, Wachter moved, Pawlenty seconded,
a motion: 1) to accept the resignations of Cynthia Ellis and Sandra Marsyla from that committee, 2)
to appoint alternate members George Martin and Becky Newell to the regular member vacancies subject
to their acceptance, and 3) to appoint Gregory Langan and Timothy M. Ring as the new alternate
members also subject to their acceptance. Aye: 5 Nay: 0
VARIANCE/JOHN VAUGHN
Director of Community Development Runkle asked that the variance request for Mr. Vaughn be
continued to the next regular meeting. He said that in processing this variance, the setback
requirement was inadvertently calculated at 30' when the setback from Johnny Cake Ridge Road should
have been 50'. Mr. Runkle said staff will check other homes in the development and also past practice
as to setbacks in the area and this information will included in an updated report to the Council.
Councilmember McCrea said that she had been contacted by Mr. Vaughn on June 18. Mr.
Vaughn said he would be unable to attend the City Council meeting but asked that Councilmember
McCrea explain to the Council that he would like the variance in order to add an extra stall to his
current, two -car garage. He said he needed the extra space for storage and had contacted his
neighbors and they were not opposed to the addition. Mr. Vaughn had told Councilmember McCrea
that he would have to build a storage shed if the variance request was not approved.
McCrea moved, Pawlenty seconded, a motion to continue to the July 10, 1990, regular City
Council meeting a request for a variance to the required setback for purposes of adding an additional
garage stall to the existing two-car garage at 1670 Mallard Drive as requested by John Vaughn. Aye:
5 Nay: 0
REZONING/AREA C
MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator provided background pertaining to the
next three City Council items. He said that the City Council had undertaken an R-4 residential land
study to examine property in the City to determine if a lesser density would be more desirable for the
community. He said that the study had been going on for approximately 18 months and the
Department of Community Development had prepared a complete report on each property. The City
Administrator said that the City Attorney's office had reviewed the legalities of the rezoning or
comprehensive guide plan changes. He said that not all property in Eagan of high density was
recommended to be rezoned but certain properties had been sent to the Advisory Planning Commission
for public hearing.
Director of Community Development Runkle said 60-70 parcels of property were reviewed and
23 of those became part of the study area He said the number of parcels has been further reduced
to 16 which is the number that will be reviewed for alternate uses or downzoning. Mr. Runkle pointed
out that these changes will not necessarily result in lower intensity uses.
Community Development Director Runkle said that Area C was at the southeast comer of Pilot
Knob and Lone Oak Roads. ft is a 16 acre parcel with 6 acres presently zoned R-4 PD and 10 acres
zoned R-3 PD. The Comprehensive Guide Plan presently designates the area as D -III or mixed
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June 19, 1990
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residential of 6-12 dwelling units per acre. The Advisory Planning Commission is recommending that
the entire 16 acres be designated R-3 PD.
Rollie Crawford, an attorney representing Balfany Development, Inc., provided a history of the
parcel ending with the purchase by Mr. Balfany in 1979. Mr. Crawford said that the R-4 study had been
done without the benefit of a 1975 purchase agreement pertaining to the property. The purchase
agreement has now been located and Mr. Crawford said it provided that the City purchase 6 acres for
parkland, the landowner would dedicate an additional 4 acres and then the City would rezone the
remaining 10 acres as R-3 and R-4 PD. Mr. Crawford said that Mr. Balfany was aware of the agreement
and had purchased the property because of the zoning.
Mr. Crawford said there were legal and contractual elements to the issue which he believed
would be enforceable. He said that if it were determined by the City Council that the 'contract' was
not enforceable as relied upon by the landowner, then it would mean that the City had acquired
property without any compensation. He said it would be called a 'taking.' Mr. Crawford said that some
of the fees paid on the property were paid based on multiple zoning. He added that downzoning
would also constitute a 'taking' of this property. Mr. Crawford said that the City obtained parkland and
paid for it with zoning. Mr. Crawford then went on to discuss the concept of estoppel. He said
'estoppel' means that if one does something which someone else may rely upon, one cannot come
back and change it later on. He said that the City took parkland, developed the park and then
changed its mind about rezoning.
In closing, Mr. Crawford said that the facts of the situation are undisputed. He said that the
zoning had been in place for a long time and existing and potential homeowners on adjacent properties
were aware of the zoning. He said there has been no error and no change in significant circumstances
to warrant downzoning the property.
Mayor Egan questioned Mr. Crawford's reference to a purchase agreement as a 'contract.' The
Mayor said a purchase agreement shows the buyer and seller's intent but it is usually followed up by
additional documents. Mayor Egan said there was no official PD agreement but added that even if
there had been, there are time limits on PD agreements. The purchase agreement is 15 years old and
has received the equivalent of a 10 year extension.
John Gustin of 3061 Woodlark Lane then addressed the Council. Mr. Gustin said that much
has changed since the property was zoned. He said the area is filled with R-3 and R-4 property and
it is now the most densely populated section of the City. He said there has been no action in the
last nine years to develop this property. He said time has passed, circumstances have changed and
now an independent study has been objectively completed. He respectfully submitted that the entire
parcel be designated as R -3.
Councilmember Pawlenty said significant legal issues had been raised. He asked if the City
Attorney was in a position to give a legal opinion at the meeting or at some other point before action
was taken. City Attorney Sheldon said his office had preliminarily reviewed this item and had met on
one occasion with the property owner's representative. He said he could give his legal opinion at the
meeting or in writing, whichever the Council preferred. Councilmember McCrea said if the property
owner would pursue legal recourse to any rezoning, she would like to know the City's legal position.
Mayor Egan remarked that the property was only going from R-4 to R-3 and he believed that
their first application for development of the property called for that density. He also said he agreed
with Mr. Gustin as to the high density in that area. He suggested that City Attorney Sheldon submit
Page 8 /EAGAN CITY COUNCIL MINUTES
June 19, 1990
a written analysis and in the meantime the property owner could review the density he is proposing
with City staff.
Gustafson moved, Pawlenty seconded, a motion to continue a rezoning of Area C of the R-4
Land Study to the July 10, 1990, regular City Council meeting, of approximately six acres from PD R-
4 to PD R -3, located at the southwest corner of Pilot Knob Road and Lone Oak Road to allow City staff
to prepare additional findings regarding the proposed change in land use designation.
Aye: 5 Nay: 0
REZONING/AREA K
MULTIFAMILY RESIDENTIAL LAND STUDY
treiu O
Mayor Egan provided a description of the rezoning of Area K The City Administrator said that
a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was
recommending approval of the rezoning and comprehensive guide plan amendment.
Director of Community Development Runkle said that Area K was located along Robin Lane
between Highway 13 and Blackhawk Road and consists of approximately 93 acres. The Area is made
up of 14 separate parcels now owned by 4 different property owners. He said that the existing
Comprehensive Guide designation of all but 3 of the parcels is D -III, or 6-12 units per acre. Mr. Runkle
said that the existing zoning is split, with 49 acres zoned agricultural and 44 acres zoned R-4. He said
the R-4 study recommends a comprehensive guide plan amendment for 3 parcels from D -IV to D -III and
a rezoning proposal which would convert all properties in Area K to R-3. Community Development
Director Runkle said concems have been raised regarding taxes. It should be pointed out, however,
that rezoning would not change the tax rate on the properties as taxes are based on present use.
Mr. Frank Berman said he represented Hillcrest Development, the owner of 21 acres. He said
his client objected to any attempt to rezone the property. Mr. Berman said that Hillcrest had received
a notice from Community Development Director Runkle listing the two primary reasons for rezoning the
property: 1) the large amount of undeveloped R-4 property and 2) the higher than average number
of multifamily residences. Mr. Berman said the City could not change the zoning on the property
without intrinsic reason. He said it could be done in some instances but not this one. Mr. Berman said
an arbitrary selection was made of certain pieces of property to downzone and others were ignored.
He said there was no reference to noise, traffic, etc., for the downzoning. After a complete and
thorough analysis, Mr. Berman believed it would be the conclusion of the City Council that there was
no change in the circumstances to suggest downzoning.
Mr. Berman than gave a history of the property. He said that Hillcrest had purchased the
property in 1969 and that it was zoned R-4 at that time. He said taxes have been paid and
assessments were paid in 1983 for street and utility improvements in the amount of $155,000. He said
the amount was approved by Hillcrest with the knowledge that there would be a heavy use, or R-4
zoning, associated with the property. Mr. Berman said that the law of courts in Minnesota looks at
distinct expectations. This property has had an R-4 zoning for 20 years. He said that in 1969, the
property was zoned for 380 units but Mr. Berman was unable to ascertain what happened to that
proposal. He said that ordinances have since downgraded the 380 to 250 units, to 150 units and now
the City wants to lower that number again. Mr. Berman said they have a good case because of the
arbitrary selection of property. He said it constitutes a 'taking' rather than a rezoning.
Page 9 /EAGAN CITY COUNCIL MINUTES
June 19, 1990
Mr. Berman went on to say that the steep grade of the property also indicates a high density
as it needs these additional units to make the property work. He said any substantial depletion of
density may impinge on the viability of the property. He also pointed out that the R-4 zoning was in
place before any single family properties were developed in the area. Mr. Berman said that the
substantial assessments were based upon heavy usage.
Mayor Egan said that he agrees that the basis for rezoning is a change in the circumstances
or an error in the original zoning. He said that the Council is attempting to correct errors that occurred
in zoning in years past. He added that there are R-4 properties that are not being reconsidered
because it is felt the zoning is appropriate for those areas but they are studying these 16 because they
feel an error was made. Mr. Berman said that the 'error the Mayor was citing was not the sort of error
that case law cites.
Councilmember Pawlenty said he agreed with the Mayor that too much property had been
zoned multiple. The Councilmember then quoted the Planning Department report, 'Study Area K can
primarily be seen as a rezoning of parcels to bring them into compliance with the Comprehensive Guide
Plan designation. Under Minnesota Statutes 473.865, the City is required to bring its official controls
(i.e., zoning ordinance) into conformance with the Comprehensive Guide Plan.' He asked Mr. Berman
why that was not a valid reason to rezone these properties. Mr. Berman said that what the City is
doing is selecting certain pieces of property to downzone. He said when considering a particular piece
of property, it is not a comprehensive planning effort. In order to do what Eagan is doing, Mr. Berman
said they would have to have a police power action.
Councilmember Pawlenty said that the vast number of police calls in Eagan are to R-4 zoned
properties. He said, in addition, that R-4 properties represent a disproportionate burden on public
services. Mr. Berman said he did not have those statistics so could not respond to the
Councilmember's remarks.
Mayor Egan then asked the City Attorney whether a substantial change in circumstances and
error were the exclusive criteria for downzoning and whether that criteria was to be interpreted in a
broad or narrow sense. City Attorney Sheldon said they were not exclusive and that a change in
circumstances such as traffic or public interest could be considered. Mr. Sheldon added that error is
not widely taken up by the court and the change in circumstances or public interest would be the basis
of the City's argument. Councilmember Pawlenty asked what the reference to Statute 473.865 referred
to and City Attorney Sheldon said that the Metropolitan Council was requiring that zoning and
comprehensive guide plans be brought into conformance.
Councilmember Gustafson asked whether the assessments on the property would be different
for 180 versus 250 units. Director of Community Development Runkle said that R-3 and R-4 properties
are assessed at the same rate. The Councilmember then asked about the scope of a change in
circumstances. Does the change in circumstances relate to a parcel and the adjacent property or does
it relate to the entire City? City Attorney Sheldon said that both could be used as the basis for study.
Pawlenty moved, Wachter seconded, a motion to approve a Comprehensive Guide Plan
amendment to change the land use designation of approximately 11 acres within PID's 10- 77100-010-
00, 10-22451-010-00 and 10 -01700-010- 53(pt) from D -IV (Mixed Residential, +12 units per acre) to D-
III (Mixed Residential, 6-12 units per acre) and that the City Attorney issue separate findings of fact on
each parcel. Aye: 5 Nay: 0
00201
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June 19, 1990
Pawlenty moved, McCrea seconded, a motion to approve a rezoning of approximately 44 acres
within PID's 10 -01700- 010- 77(pt), 10- 01700-010 -79, 10- 77100-010 -00, 10-01700 010 -80, 10- 01700 -030-
80 and 10-22451-010-00 from R-4 (Multiple Residential) to R-3 (Multiple Residential) and a rezoning of
approximately 49 acres within PID's 10-01700-011 -51, 10-01700-010 -52, and 10-01700-010 -53 from A
(Agricultural) to R-3 (Townhouse Residential) and that the City Attorney issue separate findings of fact
on each parcel. Aye: 5 Nay: 0
REZONING/AREA R
MULTIFAMILY RESIDENTIAL LAND STUDY
Mayor Egan provided a description of the rezoning of Area R. The City Administrator said that
a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was
recommending approval of the rezonings and comprehensive guide plan amendment.
Director of Community Development Runkle said that Area R is located along Johnny Cake
Ridge Road south of Diffley Road. The plan amendment and rezoning involve 4 of the 5 parcels
reviewed under Study Area R. The parcel not included was taken out of the process by School District
#196 for a school. At present, 39.5 acres are guided as D -III, 14 acres as D -II and 6 acres as P.
Existing zoning is all R-4. The Advisory Planning Commission is recommending that 53.5 acres be
designated D -I (Single Family Residential) and zoned R -1 (Single Family Residential). They are
recommending that the remaining 6 acres be guided as P (Parks) and rezoned PF (Public Facilities/
Parks).
Bill Bush, an attorney, spoke to the City Council regarding the interests of the Tom Wilmus
family. Mr. Bush said that the property had been purchased by the Wilmus family in 1967 under the
condition that the property be rezoned from A (Agricultural) to R-4 (Multiple Residential). In September
of 1967, the Board of Supervisors approved the zoning as R-4. Mr. Bush said that the Comp Guide
shows this property as D -III so the zoning and guide are in agreement. Mr. Bush went on to say that
the infrastructure was completed some time ago with the utilities put in place in 1970 and the
completion of Johnny Cake Ridge Road in 1988. Mr. Bush said that completion of Johnny Cake Ridge
Road was held up due to the uncertainty of alignment with Diffley.
Mr. Bush went on to say in connection with improvements, that Mr. Wilmus had contributed an
easement, and the park dedication agreement and subsequent land contribution was in keeping with
R-4 zoning. Mr. Bush said that if the City Council changed the zoning, the value of the property would
be affected by more than $1,700,000. He said the City Council has asked for and approved parkland
dedication based on 16 units per acre. Mr. Bush said the zoning was in place when the land was
purchased, the utilities have been designed to handle R-4 and the property could not be developed
until the alignment of Johnny Cake Ridge Road was settled. He asked that the Council not proceed
with downzoning.
Councilmember Gustafson asked Mr. Bush if the $1,700,000 they are claiming would be lost if
the property were downzoned, related to land or developed land? Mr. Bush said he had quoted Mr.
Peter Patchin who said the value of the property was $70,000 per acre but only $30,000 per acre if it
were downzoned.
Councilmember Pawlenty asked the City Attorney would the City's legal position would be if the
property was rezoned. City Attorney Sheldon said this property was very similar to the Balfany property;
however, it did not mean the opinion would be the same. Mr. Sheldon said he would provide a written
opinion if desired by the Council.
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June 19, 1990
Gustafson moved, Pawlenty seconded, a motion to continue consideration of Area R of the
Multifamily Residential Land Study, to the July 10, 1990, regular City Council meeting, consisting of a
rezoning of approximately 53.5 acres from R-4 to R -1 and of approximately 6 acres from R-4 to PF
and a comprehensive guide plan amendment, located along Johnny Cake Ridge Road south of Diffley
Road, to allow City staff to prepare additional findings regarding the proposed change in land use
designation. Aye: 5 Nay: 0
SPECIAL USE PERMITN S WEST NEW VECTOR GROUP
After introduction by Mayor Egan, City Administrator Hedges provided a brief background
description of the item. Director of Community Development Runkle said the application is for a special
use permit to allow antennas and a 14' X 38' equipment building on and adjacent to the Safari Water
Reservoir located on Outlot B of the Eagan Royale Addition.
Mr. Bill Buell, of Dahlgren, Shardlow and Uban, addressed the Council representing U. S. West
New Vector Group. After a brief discussion of cellular technology, Mr. Buell said that U. S. West was
now starting to build out into suburban areas. He said it was an area devoid of antennas at this time.
Mr. BueII mentioned the importance of cellular communication to Fire and Police protection. He said
cellular phones were particularly useful in an emergency when two -way radios become jammed. Mr.
BueII said there were problems with current coverage and this has resulted in a number of 'dropped'
calls. Mr. BueII said if this site were up and operating, it would solve many of their coverage problems.
Mr. BueII said many factors went in to choosing this site including the topography, land forms,
equipment available, other cellular sites and interference that may be encountered. He said the
geographical area they can consider is usually small. Once they have determined the technical and
physical issues, U. S. West considers the zoning issues and where the zoning is most likely to be in
each area Because AM radio towers cause problems for cellular antenna, Mr. BueII said they like to
stay at least two miles from them or locate their antennas on a massive structure. Since their entire
search area is within a two -mile radius of the AM radio towers on Cliff Road, they made a determination
that a tower would be their best location.
Mr. BueII said they have been working with staff and the only change to the site plan is in
regard to the placement of the antennas on the tower. The antennas were originally slated to go on
the top of the tower; however, because the tower has no vertical supports and any welding may cause
blistering inside the tower, U. S. West is planning to epoxy the antennas to the side of the tower.
In response to a question from Councilmember McCrea, Mr. Buell addressed the issue of the
equipment building. He said that through meetings with the surrounding landowners, U. S. West had
agreed to set the building into the hillside on the north side of the tower. He also said they had
agreed to move the building further up the hillside, match the brick in the retaining wall, and landscape
around the building. He said the ordinance permits this type of use, it meets the criteria for special
use permits in a Public Facilities district, and it meets setback requirements. Councilmember Pawlenty
asked if U. S. West had a landscaping plan. Mr. BueII said they did and it will be submitted with the
building permit. Mr. BueII also pointed out that U. S. West intended to provide part of the building for
City use. Councilmember McCrea asked what the City would use it for. Director of Public Works
Colbert said that in the future, the City could install its own radio communications system for use by
Police, Fire and Public Works. Councilmember Pawlenty asked what other considerations were being
discussed. Mr. Buell said they were still negotiating hardware, room in the building, etc. The
Councilmember then asked who U. S. West was negotiating with and Mr. BueII said City Attorney
Sheldon and Director of Public Works Colbert.
04203
Page 12/EAGAN CITY COUNCIL MINUTES
June 19, 1990
0(204
A spokesman for the neighbors, Mr. Jack Davis of 12039 Gantry Lane, said if it were up to
them, they would move the tower and the antennas; however, they recognize the need and they
recognize the restrictions in trying to find a location for the antennas. Mr. Davis said they had looked
at five different site plans and of the five, this site was the only one supported by the neighbors. Mr.
Davis said Mr. Buell had been very sensitive to the neighbors and had worked with them on the
aesthetics of the project. Mr. Davis then presented the Council with a petition signed by all those in
the notice area except Meritor Development (Exhibit C).
Mr. Paul Thomas of Mentor Development then addressed the Council. He said he had met with
Mr. Buell on numerous occasions. After these discussions, Mr. Buell presented them with this
alternative. Mr. Thomas said Mentor's first choice would be no facility and this alternative would be their
fourth choice. He said they did not want to see barbed wire or fencing on the site to protect the
technical equipment. He added that both had been installed at other sites. Mr. Thomas said that U.S.
West had approached the City of Apple Valley about the Palomino tower site but Apple Valley indicated
they were not interested. Apple Valley has since changed its mind, however. Mr. Thomas went on
to say it is an issue of quality development. He said they went to great lengths to provide a quality
development with the understanding the City was also interested in quality development. He asked that
the City Council help them protect their investment. Mr. Thomas said that Meritor has 14 lots that are
directly impacted by the water tower and it does reduce property values.
Mayor Egan then mentioned that he did not recall ever having a unanimous petition in support
of a proposal from someone representing the affected neighborhood and then have someone speak
to the Council in opposition representing homeowners who don't yet exist. Mr. Thomas said that most
of the petitioners, if given the choice, would prefer the site was not there at all. Councilmember
Gustafson said he thought the antennas would increase property values in view of the fact that the
types of homes being build in Eagan Royale would probably be occupied by those most likely to use
cellular phones and to whom good reception would be an important factor. The Councilmember then
went on to say that the City Council is sensitive to Mentor's desire for a quality development and that
with or without antennas, Mentor would prefer no tower. Councilmember Gustafson asked Mr. Thomas
whether Meritor would attempt to prevent U. S. West access to the site by refusing easement rights.
Mr. Thomas said they would pursue no access. Councilmember Gustafson said that may necessitate
constructing the building closer to Royale Drive so an access road would not be necessary. He added
that the building would certainly be more visible closer to the road. Mr. Buell said that U.S. West also
believes in quality development and they want to be a good neighbor. He said they did not propose
any fences on the site. He also said that the view from those lots impacted by the site would be to
the north and away from the tower.
Councilmember Pawlenty asked Mr. Buell if any member of the planning firm of Dahlgren,
Shardlow and Uban were representing the City in any matter at the present time. Mr. Buell said not
that he was aware of. Councilmembers Pawlenty and McCrea then expressed concerns about taking
action on the item before agreement on lease conditions is reached. The Council agreed that they
would like everything in order before considering approval of the special use permit.
Gustafson moved, Wachter seconded, a motion to continue indefinitely a special use permit as
requested by William R. Buell, U S West New Vector Group Inc., to allow antennas and a 14' X 38'
equipment building on and adjacent to the Safari Water Reservoir. Item to be returned to the City
Council contingent upon: 1) plat plans remaining as presented, 2) antennas being permitted to be
affixed to either the top or side of tower, 3) approval of lease agreement by both parties, and 4)
approval by City staff of a satisfactory landscape plan and conditions. Aye: 5 Nay: 0
Page 13 /EAGAN CITY COUNCIL MINUTES
June 19, 1990
CONSIDERATION/CONSENT AGENDA REMS
ITEM H/CONTRACT 89-13, WATER TREATMENT FACILITY
0C205
At this point, the City Council returned to those items on the Consent Agenda which were
moved to the end of the meeting for further discussion.
City Administrator Hedges said the questions on Item H relate to the costs associated with this
proposed contract. He said that Director of Public Works Colbert had done a good job of explaining
the additional costs and the City Council had indicated a strong desire to proceed with the project.
Mr. Hedges said that staff had met with the City's fiscal consultant and reviewed all plans for funding
the facility and all were in place. The City Administrator's first recommendation would be to proceed
with the inclusion of all changes since the Engineer's estimate. In addition, if Council wishes to pursue
certain items, it could be referred to the Public Works Committee with a report back to the City Council.
Mr. Hedges noted that any rebid would delay the project by at least six months.
Councilmember Pawlenty asked if the State mandates the treatment of water supplies. Director
of Public Works Colbert said the State mandates chlorination and fluoridation which can be
accomplished at each well or centrally at a water treatment facility. The City also removes iron and
manganese from the water as these minerals cause black water and rusty water. Councilmember
Pawlenty then asked if there were any cities that did not treat the water for those minerals. Director
of Public Works Colbert said that the some outlying suburbs do not treat the water. He said the last
to treat the water in our area was Inver Grove Heights and they now treat for iron and manganese.
Councilmember Pawlenty asked if there were higher than normal amounts of iron and manganese in
Eagan water. Mr. Colbert said, yes, the Jordan aquifer is very high in iron and manganese and the
Hinckley aquifer is even higher.
Mr. John Prest, of Aquatrol, Inc., wished it known his company took exception to the City's
consideration of an alternate vendor for the installation of the plant's operational control system. Mr.
Prest said such a decision could have serious ramifications for the system.
Gustafson moved, Wachter seconded, a motion to approve the bids for Contract 89 -13 (Cliff
Road Water Treatment Facility) and award the contract to the lowest responsible bidder based on
designated acceptable alternates and the Mayor and City Clerk to execute all related contracts.
Aye: 5 Nay: 0
REM K/PROJECT 598, GALAXIE CUFF PLAZA 2ND ADDRTON
Councilmember Wachter said he asked that this item be continued to the end of the meeting
to discuss the negative escrow balance on the Ist addition of Galaxie Cliff Plaza. He said that the City
cannot continue to add to a negative escrow account but must simplify and square away this issue.
Director of Public Works Colbert said it was unusual to authorize a feasibility study before
Council had reviewed a preliminary plat. Unfortunately, the construction season is well underway and
if the developer waits until the preliminary plat is approved, it will be too late for the installation of
streets and utilities this year. However, Mr. Colbert said the Finance Department had informed him that
the developers had a negative balance in their escrow account from the Ist Addition and now question
whether to add the additional liability of a public contract on top of this negative balance. Mr. Colbert
said there is a clause in the development agreement which provides the City the opportunity not to
proceed with successive phases if theist phase is completed in a negative manner or is not completed
within a particular time frame. In answer to a question from the Council, the Director of Public Works
said that the negative balance in the escrow account was $25,500 as of April 7.
Page 14 /EAGAN CITY COUNCIL MINUTES
June 19, 1990
00206
The developer, Brad Swenson, said that his company needs the feasibility study as the Park
Nicollet Clinic is ready to locate in the second phase of this development. Mr. Swenson also said he
felt blindsided by this issue as he was not aware that the City may withhold approval of the feasibility
report until the afternoon of the meeting. He said Tri -Land had completed the punch list on the 1st
Addition in June but Ann Thiessen of SEH said some things had been changed. Mr. Swenson said
he thought he had the punch list approved. As to the City's second concern, Mr. Swenson discussed
the settlement of underlying soil for one of the streets under construction in the development. Mr.
Swenson said he had a soil engineer out to the site last fall and again this spring and the soil engineer
did not feel it is a problem and could be paved over. Mr. Swenson said there are two sides to every
issue and he would prefer that these issues be overseen by an independent, unbiased entity, not by
staff.
Director of Public Works Colbert said that the street settlement looks more serious than simply
overlaying the problem area and he is reluctant to accept the improvement due to future liability
concerns. Mr. Colbert said that a letter from Ms. Thiessen indicates that Tri -Land has not been
responsive to phone calls or letters and there is significant work on the project yet to be done. Mr.
Colbert said, however, that the erosion problems associated with a temporary cul -de -sac would likely
be resolved when the cul-de -sac is removed.
Mr. Swenson then discussed the escrow account. He said that at the beginning of a project,
the amount of escrow is estimated and deposited. He said the escrow on this project was estimated
to be $7,000. He said they used to get money back, however, in this case the $7,000 is gone and
there is already a $25,000 overrun.
Councilmember Gustafson asked Mr. Swenson how he proposed to address the $25,000
negative escrow balance. Mr. Swenson said he presently has $140,000 tied up in various other escrow
accounts in the City. He said they also need a maintenance bond but have been unable to obtain one
since the project is too old. He said it has become a serious problem.
Councilmember Pawlenty said he is alarmed about the escrow situation. He said he had been
contacted by other developers and it seems to be a common theme. He said the City admits that it
did not have the staff to send out bills and now is doing so four years later. He said the developers
also feel they are being consulted to death. The Councilmember said that on the other hand, staff
must protect the City. He said it is difficult to find a middle ground. Mr. Swenson said that they are
trying to work with staff but it would be nice to have an arbitrary board to hear these problems. Mayor
Egan said this was a responsibility that could not be delegated to a Board but agreed it was an issue
that called for further discussion.
City Administrator Hedges said that the development community has complaints about staff,
however, a few year ago, the City Council recommended that staff charge their time to developments.
The developers were all in favor whatever the cost as they said they did not want the door closed or
development slowed by lack of staff. Councilmember Pawlenty said he has received more complaints
about consultants than about staff. He said he did not want to send the message to stop or to lessen
overseeing of projects. Mayor Egan said he had heard the same complaints and recommended that
these complaints be heard and aired at a special Council workshop called to deal with this issue.
Mayor Egan said he was disturbed about the punchlist and shortfalls on the first phase of
Galaxie Cliff Plaza and asked if the item should be carried over to the July 10 meeting. Director of
Public Works Colbert told the Council he was concerned about a delay to the project. He asked that
the Council consider ordering the petition and then staff would work with Mr. Swenson in resolving the
various issues.
Page 15 /EAGAN CITY COUNCIL MINUTES
June 19, 1990
Gustafson moved, Pawlenty seconded, a motion to receive the petition for Project 598 (Galaxie
Cliff Plaza 2nd Addition Streets and Utilities) and the preparation of a feasibility report and
simultaneous preparation of detailed plans and specification be authorized subject to appropriate
financial conditions, completion of the punchlist on the 1st Addition and a commitment from the
developer as to how they intend to deal with the negative escrow balance. Aye: 4 Nay: 1 (Egan)
ADbilmsnu
EASEMENT ACQUISITION AGREEMENT/PROJECT 584
RAHN ROAD RECONSTRUCTION
McCrea moved, Gustafson seconded, a motion to approve the easement acquisition agreement
for the Cedar Grove Baptist Church for Project 584 (Rahn Road Reconstruction) and the Mayor and City
Clerk authorized to execute said agreement. Aye: 5 Nay: 0
QHE
00207
Wachter moved, Egan seconded, a motion to approve the checklist dated June 19, 1990, in the
amount of $324,287.70. Aye: 5 Nay: 0
At3JOUgmm
The meeting was adjourned at 12:15 a.m. on June 20, 1990.
CITY OF EAGAN
It A,.
nOverbeke, City Clerk
KF
LICENSE RENEWALS JUNE 19, 1990
Service Station:
Brooks Superette
3390 Coachman Road
Cedar Cliff Amoco
4600 Slater Road
Country 66
3206 Sibley Memorial Hwy
Eagan E -Z Stop
4195 Nicols Road
Eagan Standard
4205 Nicols Road
Finaserve, Inc.
3150 Dodd Road
Holiday Stationstore 41232
4295 Nicols Road
Holiday Stationstore #247
3615 Pilot Knob Road
EXHIBIT A
Sinclair Station
3446 Cedar
Superamerica #4049
Diffley Rd Sibley Memorial Hwy.
Superamerica 4182
4206 Yankee Doodle Rd
Superamerica 14335
1379 Town Centre Drive
Texaco Superstore
1579 Cliff Road
Total Petroleum
4206 Nicols Road
00208
License Period:
July 1, 1990 June 30, 1991
Total Petroleum
2000 Rahncliff Court
Yankee Square Standard
1424 Yankee Doodle Road
Two Fina stations were approved on June 5 with the license
period to extend through June, 1991. These two stations were
formerly Peoples Plus outlets.
1990 Amusement Device Renewals:
VENDOR LOCATION
EXHIBIT B 00209
License Period:
July 1, 1990 -June 30, 1991
Advance Carter Co. 8 mach. LaFonda's 3665 Sibley Mem. Hwy.
American ,amusement Arcades 4 mach. J. Doolittles 2140 Cliff Road
850 Decatur Ave. North mach. Broadway Pizza 3902 Beau d'Rue
Minneapolis, MN 55427 2 mach. Pizza Hut 1325 Town Centre Dr
2 mach. Pizza Hut 3992 Sibley Highway
2 mach. Pizza Hut 2130 Cliff Road
6 mach. Eagan Tap 3998 Sibley Highway
1 :Hach. Davanni's 1980 Cliff Road
2 mach. Eagan Athletic Club 3330 Pilot Knob Rd
D.V.M. Company
119 State
St. Paul, MN 55107
Gary Starks
3125 Dodd Road
Eagan, MN 55121
Fred Sande
1561 Scheffer
St. Paul, MN 55116
Theisen Vending
3804 Nicollet Ave.
Minneapolis, MN 55409
Brookside Vending
9845 Brookside Ave.
Bloomington, MN 55431
over 15 machines Ced.arvale Lanes
3883 Beau d'Rue Drive
3 mach. Valley Lounge 3385 Sibley Highway
3 mach. Richards 4185 South Robert Trail
over 15 machines Starks Saloon
3125 Dodd Road
1 mach. Eagan Steak House 1448 Yankee Doodle
over 15 mach. Grand Slam
3734 Sibley Highway
1 mach. Dougherty's 1312 Town Centre Dr.
Summit Amusement over 15 mach. Pockets
2274 University Ave. 2020 Silver Bell Road
St. Paul, mN 55114
Broadway Pizza is in the process of moving and they don't know
how many amusement devices they will have room for. The appli-
cation for the beer and wine license relocation is on the APC
June agenda and will be on the Council JUly 10 agenda.
I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15 -foot antennas to the top of the tower and constructing a 14-foot by 36 -foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
WIE IGNATURE)
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EXHIBIT C (1 of 3)
PETITION OF SUPPORT
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EXHIBIT C (2 of 3)
PETITION OF SUPPORT
I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15 -foot antennas to the top of the tower and constructing a 14 -foot by 36 -foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
00211
42590a
EXHIBIT C (3 of 3)
PETITION OF SUPPORT
I /we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15 -foot antennas to the top of the tower and constructing a 14 -foot by 36 -foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
(SIGNA ADDRESS DATE
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0C212