12/20/1987 - City Council Special0
SPECIAL CITY COUNCIL MEETING
WEDNESDAY
DECEMBER 20, 1987
7:00 P.M.
I. ROLL CALL
II. REPORT ON NATIONAL LEAGUE OF CITIES CONFERENCE
III. REVIEW CITY COUNCIL MINUTES
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IV. OTHER BUSINESS
V. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 28, 1987
SUBJECT: SPECIAL CITY COUNCIL MEETING
A Special City Council meeting was scheduled for Wednesday,
December 30, 1987, at the December 17, 1987 regular City Council
meeting. The purpose of the Special City Council meeting is to
hear and receive a report from Mayor Blomquist and City
Councilmember Smith on their recent attendance at the National
League of Cities conference.
I. ROLL CALL
II. NATIONAL LEAGUE OF CITIES CONFERENCE
Attached for Council review is a report prepared by Mayor
Blomquist.
III. REVIEW CITY COUNCIL MINUTES
Mayor Blomquist requested that the City Council minutes for the
December 17, 1987 City Council meeting be reviewed. A copy is
attached for your information.
IV. OTHER BUSINESS
There are no items for Other Business at this time.
V. ADJOURNMENT
/S/ Thomas L. Hedges
City Administrator
MEMO TO: CITY COUNCILMEMBERS EGAN, ELLSION, SMITH AND WACHTER
FROM: MAYOR BEA BLOMQUIST
DATE: DECEMBER 16, 1987
SUBJECT: AIRPORT N.O.I.S.E. MEETING AND NATIONAL
LEAGUE OF CITIES CONFERENCE
I attended meetings at the recent National League of Cities
Conference on airport noise and the following is a brief outline
of certain issues that were reviewed and discussed at those
meetings.
At the Transportation and Communications Policy Committee meeting
that was held Sunday morning, December 13, a report was
distributed to each and every member in attendance. I have
copied pertinent pages of the report that I thought might be of
interest to the City Council. Please refer to the attachment
that includes the federal aiport programs, airport finance,
airport noise and airport development. A copy of the full report
is on file with the City Administrator's office.
The task force report covered a number of items such as planning,
Part 150 Study, advisory circular and a conference on airport
trust funds.
The planning portion of _the report alarmed a number of cities
that were in attendance by conveying that the federal government
is planning to establish a commission that will designate land
planning under the auspices of state government and take away
that control around airports by local governments. The
N.O.I.S.E. group has expressed concern about the implication that
local control will be lessened by the FAA. There is a board
meeting during March, 1988 in Washington, D.C. and it is strongly
recommended by the group that members attend and work with their
congressmen on this issue to prevent the federal and state
governments from controlling land use decisions in municipalities
adjoining airports. It was strongly suggested that the City
register for the conference as soon as possible.
Another issue discussed by the task force is the Part 150 Study.
I learned that many cities have ignored the Part 150 Study, a
task that our City has responded ta...i,n recent months. There is a
question as to whether a committee should be established to work
with the Part 150 Study in conjunction with our City's Planning
Department. Apparently, the MAC Part _ 150 Study should be acted
on in approximately six months. It was also learned, according
to Tom Duffy, that N.O.I.S.E. will intercede on the Part 150
Study for all cities. He is planning to send out a letter to all
member cities asking how they are responding to the study.
Aiport Noise Meeting and
National League of Cities Conference
December 16, 1987
Page Two
The task force and our committee reviewed a proposed advisory
circular that was sent out by the U.S. Department of
Transportation Federal Aviation Administration. The advisory
circular (AC) has been developed to encourage and provide
guidance on the establishment of airport action groups. I have
given a document to our City Administrator, however, it should be
noted that there was no support for the AC stated by our group.
The N.O.I.S.E. Conference also addressed the Airport Trust Fund
and I learned that $1.7 billion exists in that fund. Apparently,
taxes will have to be raised to 8 - 10% for contribution to this
fund. The airport Part 150 can still fund special improvements
to schools and hospitals if an organization does not complete the
150. We should continue to monitor those funds and watch what
they are used for.
The remainder of my report will be verbal at the meeting on
Thursday.
,tel
Ma or
cc: City Administrator Hedges
Attachments
TLH/BB/jeh
2. Truck Routing
The Department of Transportation should
develop federal performance standards for the
designation of routes along which longer,
wider trucks may travel. States, in
consultation with Localities, should be
allowed to designate Interstate -highways and
appropriate four -lane primary highways which
are consistent with the performance standards.
State and local governments should retain
authority aver truck access to pick up and
delivery points on roads which are not a part
of the designated truck network.
3. Regulation of the Motor Carrier Industry
The Department of Transportation, the
Interstate Commerce Commission and other
appropriate federal agencies should encourage
increased competition within the trucking
industry by removing barriers to free entry
into the industry and by increasing the
flexibility of carriers to set rates and
establish routes. No action should be taken to
alter existing truck safety requirements in
any way or to reduce existing levels of truck
service to small communities.
4. National Commercial Truck Driver Standards
To improve the safety of truck transportation,
to eliminate the problem of multiple driver's
licenses, and to ensure that qualified drivers
operate commercial vehicles, the federal
government should create national uniform
standards for licensing interstate and
intrastate drivers of commercial motor
carriers, and the states should administer the
standards.
The states should develop a licensing program
that is at least as stringent as the federal
standards, establish procedures for evaluating
the competence of drivers prior to granting
them a license for operating large commercial
vehicles (e.g., 26,000 lbs. and over), and
administer the testing program. The states
should also collect enough in licensing fees
to cover administrative costs and enforce the
federal licensing standards.
The driver's state of residence should be
solely responsible for issuing the driver's
license and maintaining the driver's complete
driving record. States should exchange
license, accident and violations information
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with each other to facilitate development of a
commercial truck driver data base.
5. Enforcement of Motor Carrier Safety
Regulations
The Federal government should increase Highway
Trust Fund funding for the Motor Carrier
Safety Assistance Program (MCSAP). This
program provides grants to states for
development and implementation of program
(including roadside vehicle inspection
programs) with which to enforce federal and
compatible state motor carrier safety
regulations.
6. Motor Carrier Substance Abuse Assistance
Program
A new federal incentive grant program should
be established for states which wish to
conduct random roadside inspections for driver
alcohol abuse. The federal incentive grant
program should be expanded to include
inspections for drug abuse, when and if
reliable methods of drug testing are
developed.
7. Motor Carrier Data Collection
The federal government should assist the
states in collecting and exchanging
comprehensive truck accident and violations
data and in maintaining truck driver and
inspection records. over the long term, the
federal government should develop a
centralized system for collecting and
disseminating information on motor carrier
drivers and vehicles. To this end, the federal
government should expedite the development of
the National Driver Register (NDR), insure
that commercial truck driver records are
included in the Register, and adequately fund
the program.
D. Air Transportation
1. Federal Airport Programs
Congress should (immediateFy) reauthorize the
Airport and Airway Imorovement (Development)
Act, for s five-year oeriod (incFuding-ttre
Airport - Deveicpment--Iti=d -Program- {ADAP-), ) and
should authorize a sufficient level of federal
funding for this program. Without a national
airport program and without adequate,
predictable and long-term funding, it will be
difficult to plan airport development projects
and finance airport construction activities in
a manner which ensures the safety of airline
passengers. (Any -reductions- in--Federel- airport
e,eveiapment-assistance--shooFd-be--accompanied
by- the- -e E im Tna t Ton -Of- -federal- - red- -tepe,- -the
re Eaxation - of - federal--s-i-rport- -regu Fet,icns; - and
the - streem{i ni ng- -o f - the- -ADAP - grent- -approva l
process.)
The federal (airport -- assistance --- program)
Aircort Improvement Pro --ram (AIP) should
continue to be disbursed to air carrier
airport sponsors through a formula grant
program, supported by a sizeable discretionary
grant program to further assist high priority
projects and airports with limited fiscal
resources. Any eligible airport should be
allowed to compete for discretionary ADAP
funds.
No more than 50 tsercent of the AIP funds
should be allocated to rimary airports. The
minimum and maximum allocation to each primary
air ort should be increased but no other
changes should be made to the orimary airport
entitlement portion of the AIP
Groundside improvement rroPects should be
eligible for AIP funding under the formula
grant program ?f Niahway Trust Fund fundinv 2.
for such pLojects is inaderauate Terminal
develooment ro ects should also be eli ible
for funding if the aircort sponsor certifies
that the terminal improvement is 'or safety
and security reasons Advanced funding of
aviation projects should be allowed for work
undertaken before an AlP rant is made if the
Federal Aviation Administrator issues a letter
of intent to fund the project and if the
project is AIP-eli ible.
(Existing--categorical---programs--for--airport
master -planning; - system-plennirrg, -air-carrier;
genera F-- aviation; --commuter--- and--- reEiever
airports -should- be- combined- -into- -two -or -three
formuF&-grant-programs:
EEigibFe- rei-iever--airports--should- receive- -a
Farger-stfisre -of--federal--eirport--deveFopment
funds - i rr -order -,to- -accommodat-e - the- growth- - in
re Fiever -airport- traffic- -over -the -past- several
years:)
The nation's largest airports should not be
mandatorily or voluntarily_ removed or
"defederalized" from the national airport
program. NLC believes that defederalization is
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blatantly inequitable since the smallest
airports, which generate only a small share of
revenues, would receive 100 percent of federal
airport funds, while the largest airports,
which contribute nearly 70 percent of the
passenger ticket tax revenues, would receive
no funds. Users of defederalized airports
would be required to pay a double tax (a
ticket tax and a passenger tax) without
receiving any additional benefits in terms of
level of service.
NLC strongly opposes proposals to restructure
the airport grant program for small and
medium-sized airports into a state block grant
program. Such a block grant program would
impose an unnecessary layer of bureaucracy
between federal and local governments and
would enable states to establish their own
airport project priorities without considering
locally perceived priorities. Such an approach
would (faciFitate) foster state -by -state
development of airport safety and operational
standards, severely undermining the
effectiveness of national airport standards.
Local governments and airports sponsors,
therefore, must continue to be directly
responsible for airport planning and
development.
Airport Finance
The user -generated Airport and Airway
(DeveFopment) Trust Fund should continue to be
used as the mechanism for financing airport
development and improvements. (Any -reduction
in -the- -ticket - tax- -slrou t -d -be- cons-idered -on Fy
after - the- federal-9overnmerrt. +&S. -investigated
the --Fong-term --funding --requirements --of--the
nations -airport -system:) In order to ensure
that aviation_ user -fee revenues do not
accumulate unspent in the Trust Fund and that
aviation users benefit from the aviation -
related taxes they nay the National League of
Cities urges the federal governmeat to. remove
the Airport and Airwa Trust Fund from the
unified federal budoet- spend any existing
uncommitted surplus by increasine the
authorization levels for each categorical
program under the Aircort and Airwav
Improvement Act; and establish tri�-ter
mechanisms which would _automaticattL, reduce
spending or reduce the level of the aviation
user fees if one or more categorical pronram
fells below authorized levels
(fn - order - te--al-l-ccate - the- -costs -o4- -airport
construction -more- equitably- -sarong- users - and - to
KM
ra ise - - enough--- f,everxrea - - to- - f -mance- - -needed
airport - improvements; - NLC- recommends- that- sane
of - the- exi sting- user- fees--9boul-d -be -increased
and -new - f e es - imposed- upon- tire• masers -wtri ctr -are
contributing -an- inequitably- smel-t--s#rare. -Each
class---of---users--- wouid --- then --- contribute
user -generated - revenues- 4n-proport i on- to- -the
costs - i t - i mposes- on• -the m a i rport- -and- -the- si rway
system - and- t e- benefi ts- -it- receives -from -that
system:)
Airport Noise
An increased (A) portion of discretionary LIP
(ADAP) funds should be set aside to fund (the
devecopment -- and --- impEementation - -of) noise
abatement nro+ects.(compatibiiity- plans- -and
programs.) This would facilitate the purchase
of land parcels around airports to serve as
buffers against airport noise and the
implementation of other noise mitigation
measures. The develooment and imolementation
of noise comostibility ❑tans and programs
should continue to be funded under the formula
program.
The federal government must intensify its
efforts to provide prompt relief to residents
of cities located close to airports from
unacceptable levels of aircraft noise and
aircraft pollution. Additional (Specific
airport) noise policies are contained in
Section 2.06 of the Energy, Environment and
Natural Resources chapter.
4. Airport Development
In order to protect the public health and
safety of .surrounding communities, to enforce
airport uses that are appropriate to the
airports capacity and to ensure that local
transportation, environmental (includirg noise
control-)) and economic needs are met,w local
airrort oc)erators must have the authority to
regulate airport use and local governments
must be involved in decisions relating to
airport use and devetooment. ,(airport
Operators -must- have- tho--sutfruri•t-r -fo-reguFate
EocaE-airport- development - -and -use:) Therefore,
the National League of Cities opposes attempts
by the federal government to mandate expansion
of federally aided airport facilities, or to
otherwise. limit the ability of local
governments (airport -operators) to continue to
determine, with appropriate community
involvement, the scope and type of airport
facilities needed, or the type of airport use
restrictions(including-airrort noise or
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5.
6.
7.
airport access restrictions) imposed, in their
(any).particular location.
Federal Role in Air Transportation
The federal government should continue to
provide, operate, and maintain all air
navigation facilities required for safe
aircraft operation.
Helicopter Transportation
Despite the mandate -to plan for and promote a
comprehensive multimodal transportation
system, the federal government has all but
ignored the helicopter as a mode of urban
transport. The Department of Transportation
&hould study helicopters as a mode of
transport in the urban environment.
(AirEine-DereguFation
T e - - deregv{st-i orr - - o f --- & i•r l-irres - - s h out d--- b a
promoted - in- order -ta - make- -&i-r- -t rave t - o- -more
viabie-and- affordable--apt-iorr-for-the-traveling
pubEic.--in- --order-- to- -- ensure--that---smaH
communities -frill -be--served--by- major--andfor
third - l eve l - ei rli nes ,--t#rrre -communities- shodcd
be -guaranteed- s- minimum -Feve i -of -air -service: )
Essential Air Service Pro -,ram
A balanced national air transportation eolicv
must address the needs of all of cities,
including small cities. In order to ensure
that small communities receive reliable
regularly scheduled ,air service, the federal
government should reauthorize and extend the
Essential Air Service EAS) rooram. However
the program should be imoroved b
restructuring it so that it provides a higher
basic level of service to small communities
more flexible exit and entry from the oroaram,
more targeted subsidies to communities who are
not otherwise close to an existing hub
protection from service. inte,rruntions. and
incentives for the develooment of -self-
sufficient air traffic markets. Further, to
ensure that the EAS orocram is funded from a
stable and reliable source of revenue, the
program should be funded out of the Aircort
and Airway Trust Fund rather than general
funds. -
8. Public Aircraft
Public aircraft --those used exclusively in the
service _of any federal state and local
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 17, 1987
A regular meeting of the Eagan City Council was held on
Thursday, December 17, 1987 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Blomquist and Councilmembers Smith, Egan
and Ellison. Councilman Wachter was excused due to emergency hernia
surgery on December 17, 1987. Also present were City Administrator
Tom Hedges, Public Works Director Tom Colbert, City Planner Dale
Runkle, Consulting Engineer Robert Rosene and City Attorney Paul
Hauge.
AGENDA
Ellison moved, Egan seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
1. December 1, 1987 - Regular Council Meeting. Upon motion by
Egan, seconded Smith, it was resolved that the minutes of the
December 1, 1987 regular meeting of the City Council be approved
with the following revisions relating to the Cliff Lake Galleria
project, and conditioned-
onditioned upon distribution and approval of the
minutes by all Councilmembers, including the following changes:
1. On page 10, Mr. Egan questioned the statement that Michael
Mueller of the DNR indicated it was a gross misrepresentation of the
environmental impact.
2. On page 13 concerning Mr. Egan's citing paragraph 8 of the
Planned Development Agreement, he asked whether the provision would
allow changes in the road design and it was understood that the City
Attorney responded in the affirmative.
3. On page 15, as to Councilman Egan's reasons for his motion,
number 1, this project was given substantially different treatment
from similar projects, than the Bieter project denied in February
1987; and number 2, the social issues were considered highly, and he
noted that neither the EAw nor social issues were considered with
the Bieter application in 1986-87..
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Council Minutes
December 17, 1987
4. Relating to page 6, the TXT application, it was understood
that the application was approved, subject to the revised
configuration of the lots, reflecting two parcels and grant of
necessary easements.
All members voted in favor.
2. September 29, 1987 - Special Council Meeting. Ellison
moved, Egan seconded the motion to approve the minutes as presented.
All voted in favor.
TED WACHTER'S ABSENTEE VOTE
City Administrator Tom Hedges and City Attorney Paul Hauge,
stated that Councilman Ted Wachter who had emergency surgery on
December 17, 1987 and had returned home during the day, requested
that he be permitted to vote on certain issues presented at the
Council meeting, as an absentee. He had cable television available
at home and would watch the proceedings and call in his votes. Mr.
Hauge suggested that if the City Council had no objections and
adopted a motion to allow the absentee vote, that the Council could
proceed on that basis, noting, however, it could be subject to
objection.
Councilman Egan indicated that there is a potential for future
conflict if members of the Council or Advisory Commission are not
present and asked to be allowed to vote by Cable and it would cause
an adverse precedent. Councilman Smith noted that technical
problems could develop, and suggested that it would not be advisable
because of the interaction of Council members, and the fact that
Councilman Wachter may have questions that could not be answered.
No action was taken.
DAKOTA COUNTY ASSESSOR - PROPERTY TAX ABATEMENT
The request for property tax abatement presented by Bill
Peterson of the Dakota County Assessor's office for the Regina
Hummel property on Abbey Way in St. Francis Woods from an estimated
market from $68,000.00 to $35,800.00 was presented. Mr. Peterson
was not present. City Administrator Hedges reviewed the information
and Egan moved, Smith seconded the motion to approve the tax
abatement as recommended. All voted yes.
FINANCE OFFICER GENE VanOVERBEKE - AWARD
Mayor Blomquist presented Finance Director/City Clerk Gene
VanOverbeke with an award for Financial Reporting Achievement from
the Government and Finance Officers Association. Mr. VanOverbeke
was present to receive the award.
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Council Minutes
December 17, 1987
VOLUNTEER FIRE DEPARTMENT
Mr. Hedges reviewed the proposed increase of $16,000.00 in the
1988 operating budget for the Volunteer Fire Department and
suggested several alternates. They included an increase as
requested, to retain the $190,000.00 budget and monitor the
potential for additional funds during 1988, or to take the
additional funds from the contingency City budget and use for the
Volunteer Fire Department. He recommended that no change in the
budget be approved at the present time, but that monitoring take
place periodically. Egan. moved, Ellison seconded the motion to deny
the request for an increase in compensation from $190,260.00 with
the understanding that a review will be made during the course of
the year, and that part or all of the additional funds will be
provided, if possible. All councilmembers voted yea.
PARK DEPARTMENT
1. Pilot Knob Road - Upgrading. A recommendation was submitted
by the Park Department that necessary easements be granted to Dakota
County on Pilot Knob Road, regarding City park land in exchange for
a 99 year lease for the Burow home located at the northeast
intersection of Cliff and Pilot Knob Road. The home would be used
for athletic association storage purposes. After review, Smith
moved, Egan seconded the motion to approve the granting of the
temporary and permanent easements for the upgrading and construction
of Pilot Knob Road, and further that the City will lease the Burow
home from Dakota County, and _ sub -lease the house to the athletic
association for storage and meeting space needs. All councilmembers
voted affirmatively.
2. Westbury Addition - Williams Brothers Pipeline. Tom Hedges
explained that the Advisory Park Commission had made a
recommendation to the City Council that three lots owned by Williams
Brothers at the southwest intersection of Wescott Road and Lexington
Avenue, in the Westbury Addition, not be accepted by the City, based
upon the offer from Williams Brothers Pipeline. It was noted that
there are $17,000.00 in assessments and further, that the three lots
would not fit into the Comprehensive Park Plan for the City. Mr.
Colbert noted that additional right-of-way will be required for
Lexington Avenue and Mayor Blomquist indicated that neighboring
property owners were concerned about maintenance of the lots. Steve
Sullivan from the Park Department was present and stated that
maintenance will be required by the City, even though the lots were
vacant. Egan moved, Ellison seconded the motion to accept the
recommendation of the Park Commission and to deny the offer for the
reasons that were indicated in the staff report of December 8,
1987.- All councilmembers voted in favor.
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Council Minutes
December 17, 1987
EAGAN AIR QUALITY ISSUE
A letter from Captain Pat Geagan of the Police Department dated
November 4, 1987- to the City Administrator, outlining three
occasions when air pollution problems had occurred within the City.
He noted concerns about the frequency of the air pollution problem
and the fact that Koch Refinery emissons appeared to be the reason
for several of the problems. Chief of Police Jay Berthe was present
and recommended that Dakota County be in charge of monitoring the
air pollution problems in the County. No specific action was taken.
PUBLIC WORKS DEPARTMENT
1. Building Permit Issuance. Public Works Director Tom Colbert
discussed with the City Council, concerns of the Engineering and
Building Inspections Department about reviewing individual single
family home permits to determine if the proposed house plans
properly conform to City and development standards in relation to
each lot being built upon. He inquired as to the degree the City
Council desired the staff to become involved, particularly in light
of grading plans and house elevations that have not always conformed
with the original plans. He cited an example on Lot 4, Block 14,
Bridle Ridge where there was a significant change in the grading
plan from the plan that had been approved by the City. The builder
acknowledged the error and the staff had requested guidance
concerning standards. The potential double fee penalty was
discussed under the building code and Chief Building Inspector Doug
Reid made comments about the time loss by a builder when the City
holds up construction, due to a violation. Councilman Smith was
concerned about the deviations and Councilman Ellison favored double
fees when such violations take place.
Rod Hardy of Sienna Corporation was present and suggested that
the Council direct the Developer's Task Force to be reconvened and
prepare recommendations to be submitted to the Council. In
addition, he stated that the developers could authorize
Architectural Committee approval prior to the submission of the
building permit.
Councilman Egan moved, Smith seconded the motion to refer the
issue to the Eagan Developer's Task Force concerning the deviations
from building permit policies, and direct that recommendations be
submitted to the City Council. All voted yes.
Smith then moved, Ellison seconded the motion to allow the
building permit for Lot 4, Block 14, Bridle Ridge Addition, in
spite of the fact that construction started before the building
permit was issued, noting that the permit had already been held up
for one month, causing hardship to the builder. All councilmembers
voted in favor.
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Council Minutes
December 17, 1987
FIRE STATION NO. 4
Fire Chief Ken Southorn was in the audience and updated the City
Council regarding construction of Fire Station No. 4.
CONSENT AGENDA
The following consent agenda items were submitted and
recommended to be approved, with the understanding that several were
continued until later in the meeting.
1. Personnel Items.
a. Police Officers. It was recommended that Steve
Anselment be hired �as a police officer for the City, effective
January 4, 1988 and Joseph Marshall, effective January 5, 1988.
b. Community Service Officer. It was recommended that
Stephanie Maszko be hired as a Community Service Officer effective
December 28, 1987, subject to successful completion of the City
psychological and physical testing requirements.
C. Seasonal Recreational Staff Position. A schedule of
returning staff and new staff for seasonal recreational positions
was recommended to be approved by the Council.
2. Cray Addition - Final Plat. The application for approval of
Cray Addition final plat located north of Lone Oak Road and south of
Northwest Airlines corporate headquarters, was submitted, and the
staff • recommended approval, subject to compliance with City
requirements.
3. Woodlands Addition Final Plat. An application was
submitted by the developer of the Woodlands Addition for final plat
approval and the staff recommended to the City Council that it be
approved, subject to compliance with all City requirements.
Egan moved, Smith seconded the motion to approve the foregoing
consent agenda items and authorize their implementation. All
members voted in favor.
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Council Minutes
December 17, 1987
1988 - GENERAL FUND & UTILITY BUDGET RATIFICATION
The City Administrator proposed to the City Council, that it
give final ratification to the 1988 General Fund Operating and
Public Utilities Budget. He mentioned that at the November 23, 1987
Special City Council meeting, the final revised 1988 General Fund
Budget was examined and established at $8,652,100.00. Several
budget workshop sessions were held in August and September, and a
public hearing on November 15, 1987 with a mill _rate levy
certification at the October 6, 1987 City Council meeting. Smith
moved, Egan seconded the motion to ratify the budgets as presented.
All members voted affirmatively.
TXI, INC. - WAIVER OF PLAT - PONDVIEW PLANNED DEVELOPMENT
It was again noted that the City Council at its meeting on
December 1, 1987, approved the application for waiver of plat
submitted by TXI for a portion of the proposed Pondview Planned
Development subject to certain conditions. Smith moved, Ellison
seconded the motion to acknowledge the receipt of the drawings
covering the split into two lots and to acknowledge the revision
into two lots. All members voted yes.
CLIFF LAKE GALLERIA & TOWERS - EAW & STREET ALIGNMENT
City Administrator Tom Hedges introduced at 7:30 the
consideration of the EAW and street alignment for Phase One of the
proposed Cliff Lake Galleria Towers. He noted that on December 1,
1987, the City Council had given approval to the preliminary plat
and as a part of the proposed development, an EAW was required,
which was processed through the various State agencies. He
introduced City Planner Dale Runkle who reviewed the background of
the EAW process and noted the EAW was dated October 26, 1987. A
memo to City Administrator Hedges dated December 16, 1987 was
reviewed, including comments from various State agencies. He also
noted the PCA submitted a letter dated December 17, 1987 and
discussed the mitigation measures that were being requested by
agencies and proposed to be completed by the developer. Three
alternative actions on behalf of the City Council were outlined in
the memo, including a negative declaration, a positive declaration
or a continuance of the Council's consideration regarding the EAW,
and noted that some of the issues have been mitigated.
Mayor Blomquist stated that much information and comments have
come in and Councilman Ellison asked what issues were still
outstanding. Mr. Runkle's answer was that it was most important to
the DNR whether the shoreland ordinance applies and the attempts to
work out mitigative measures, and further, the PCA comments in its
letter of December 17, indicated that additional information was
required.
Council Minutes
December 17, 1987
Councilman Egan reviewed the DNR letter of December 16, 1987 and
he stated that he understood that the developer and the DNR are
basically in agreement. He asked what information would not be
included in the ISP process that was requested in the PCA letter of
December 17, and understood that most of the information would be
required during the ISP procedure. Councilman Smith commented on
the DNR letter of December 16 and noted that additional comment time
had been intended only for the PCA and that it expired on December
14, 1987. Two additional letters had been received after December
14.
Councilman Ellison reviewed the EQB letter of December 15, and
City Attorney Paul Hauge described the issue that had been raised by
two State agencies regarding regulations requiring the.mandatory EIS
in the event of 750,000 square feet in commercial areas, or 100,000
square where no shoreland ordinance had been adopted. It was his
opinion that the shoreland ordinance had been adopted by the City,
althoug-h the existing planned developments had been excluded under
the 1983 Eagan ordinance.
Councilman Egan asked whether the developer had expressed any
reluctance to comply with the request and recommendations of the
agencies and Mr. Runkle's answer was that only the PCA had
reservations. Mr. Egan also inquired whether the PCA can control
the project by the ISP permit process and Mr. Runkle indicated the
PCA can impose requirements that are binding upon the City in the
ISP permit process.
Mr. Ellison argued that mitigating measures generally are
accomplished prior to the_ decision by the City Council, and noted
that the PCA, DNR, DOT, Met Council and EQB have not issued
clearance letters and each has reflected some objections to the EAW.
He stated that the viable options were proceeding with the EIS,
denying an EIS or allowing further time to assemble additional
information required by the agencies.
Councilman Egan mentioned that the Comprehensive Guide is not an
issue in the current proceedings and it was his belief that the
issues are in the process of being resolved. Mayor Blomquist asked
what the environmental issues were that were unresolved, and
understood that the developer had agreed to resolve the issues.
At 8:10 p.m., Dave Sellergren, attorney, appeared on behalf of
the developer, and explained that the developer has committed in
writing that it will do all things requested by the City and state
agencies requested by them in them in the environmental process. He
further noted the ISP process is the method where the traffic issues
are resolved. A letter from Mr. Sellergren outlining in detail, its
position, was submitted and he argued that the City had not required
an EIS except where it is mandatory and that the current EAW meets
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Council Minutes
December 17, 1987
the letter of the rules and agency requirements. He further_ noted
that the project did not fall within the mandatory EIS category and
that the developer has signed a binding written commitment regarding
the PCA issues. The only outstanding issue is air quality, and the
PCA has a method to resolve it, and the information will be
submitted to the PCA according to Mr. Sellergren.
Councilman Ellison asked Mr. Sellergren why the developer would
not wait until all of the issues were resolved before proceeding.
Mr. Sellergren's answer was that the council must decide within ten
days after the comment period ends, and also stated other reasons.
The City Planner noted that the City is the party responsible and
held accountable and it was important to work with all state
agencies regarding future applications and suggested that an
understanding be reached that the information will be available to
the PCA as requested.
Paul Hauge noted, upon questions by Councilman Ellison, that the
Council must decide more than ten days following the end of the
comment period, but prior to 30 days after the comment period.
Councilman Egan then reviewed the criteria for a positive
declaration and noted certain other comments and stated the City has
a comprehensive traffic plan in place, and the City will take the
measures necessary to mitigate the concerns, including in place
regulatory control.
Councilman Smith reviewed the issues raised in the Resolution
prepared by the City Attorney in the alternate, both positive and
negative declarations, and in addition, the comments made in the
planner's report. Smith then moved, and Egan seconded the motion to
declare a negative declaration for an EAW and that the environmental
impact statement not be required based upon reasons including the
following:
1. A detailed transportation study has been done at the
direction of the City by Short, Elliott & Hendrickson, which has
outlined the transportation and traffic issues that should be
considered and resolved in conjunction with the development of the
proposed subdivision. The air quality and noise analysis based upon
the traffic study appear to be complete, accurate and within limits.
2. While the DNR has expressed valid concern as to the
environmental impacts, it appears that the issues of water quality
and quantity in Cliff Lake have or can be resolved to the DNR's
satisfaction. Water quality is preserved by diversion of all run-
off from this project away from Cliff Lake. Water quantity is
assured by the 650 acre Cliff Lake tributary drainage area.
3. Because of the topography and proposed uses it appears that
the shoreline of Cliff Lake will be protected. However, stringent
implementation of subdivision controls and performance of detailed
water quality analysis are required.
Council Minutes
December 17, 1987
4. Improvements necessary for this project are anticipated to
be made and the developer required to pay its fair share of the
costs thereof. As suggested by the MPGA, binding agreements
relative to the :financing of off-site road improvements,
particularly a development contract, shall be part of the final plat
requirements.
5. Minnesota Environmental Quality Rules section 4410.1700
subpart 7.0 & D provide that a negative declaration may be
appropriate if the development is subject to mitigation by ongoing
public regulatory activity and the identified environmental effects
can be anticipated and controlled as a result of other environmental
studies.
6. The Cliff Lake Centre preliminary plat conditions
sufficiently address environmental issues raised by area citizens
and regulatory agencies. These conditions include but are not
limited to: City approved detailed erosion and a sedimentation
control plan; City approved detailed grading plan; City approved
sanitary sewer, storm sewer and water distribution systems; a
comprehensive traffic impact analysis evaluating ultimate road
improvements; reconstruction of Rahn Road; completion of an east -
west collector street; revisions to geometric design and
configuration of internal circulation; and developer contribution in
addition to tax increment financing potential of off-site
improvements.
7. while the project is exempt from certain aspects of the
City's Shoreland Zoning Ordinance as a pre-existing PUD, the City
shall exercise all other controls provided therein, noting that the
ordinance was adopted and approved by the state resulting in a
750,000 square foot mandatory EIS threshold (this project is less
then 300,000 square feet with ultimate development of less than
700,000 square feet).
The Mayor then opened the discussion to members of the audience
and Michelle Swanson of 1977 Badger Court, asked whether the
alternative review procedure under the Rules, was available to be
used for determining whether the EIS should be required.
Cindy Hanson also appeared and recommended that the Council lay
over the decision until Councilman Wachter is present and can vote
on the issue.
Mr. Ellison stated that the Council was rushing the process and
indicated that as the next Mayor of the City, after the first of the
year, he intends to entertain a motion to overturn the motion of the
current meeting, regarding the EIS. fie further stated that any
action taken by the developer in the meantime, would be done at
their own risk.
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Council Minutes
December 17, 1987
Lisa Madock agreed with what Vic Ellison had stated and
recommended that an EIS be ordered.
The Mayor then cut off public discussion at about 8:30 p.m.
Those in favor were Egan, Smith and Blomquist; voting against
was Ellison.
Mr. Sellergren then indicated that the developer intends to
proceed based upon the rights given to it by the Council.
Paul Hauge then asked the City Council whether the two
conditions recommended by the staff were intended to be attached to
the motion for the negative declaration. Mr. Sellergren indicated
that the developer will agree to the conditions requested by the DNR
in its letter of December 16, but should not automatically trigger
an EIS, and that the developer could not agree with either of the
conditions.
Councilman Egan indicated the standards were vague and the
automatic requirement should not be included, and the conditions
therefore were not made a part of the motion, according to
Councilman Smith and Councilman Egan.
STREET ALIGNMENT REVIEW FOR CLIFF LAKE CENTER
Tom Hedges then introduced the proposed revised alignment of the
street pattern through the development and indicated that the City
Council, at its meeting on December 1, 1987, had directed the staff
to work with representatives of the developer, to define the
location for the streets.
David Sellergren described the changes and stated that meetings
have been held with staff, SEH, developer's representatives and also
a representative of Federal Land Company. The curvilinear design
changes were reviewed and Mr. Koppe, on behalf of the developer,
explained the roadway design near Cliff Road. A 16 foot median
would be provided and prevents direct left turn to north on Rahn
Road from the interior street. The intent was to use the layout for
final design and Mr. Sellergren asked for approval from the Council.
Mr. Colbert then mentioned that the attempt was to get
conceptual alignment of the roadway, noting that the curve had been
softened and moved westerly of the Target access location. Glen
VanWarmer from Short, Elliott, Hendrickson, noted that the alignment
was only a concept and design detail will have to be determined,
including access location to the Federal Land Company.
Iii
Council Minutes
December 17, 1987
Martin Colon of Federal Land Company was present and stated that
he was generally in agreement. The 8 foot trail would be located on
Federal Land Company property, which was acceptable, provided no
added setback requirements are imposed. He asked whether Rahn Road,
north of the entrance to Federal Land Company, would be vacated, and
Mr. Colbert's answer was that it would not, and may be used for
potential access to the Rahn Park. He added that the area south of
the access would be vacated in exchange for right-of-way on Cliff
Road and appeared to be acceptable to Mr. Colon.
The City planner explained that he had not been able to make a
significant analysis of the changes and upon question by Mr.
Ellison, Dave Sellergren pointed out the changes that were being
proposed. They included approximately 0.46 acres of additional land
east of the roadway near the Target access, and that the acreage of
the northerly revision was .39 acres for the roadway moved to the
east, according to Mr. Sellergren, nearly wipes out the additional
commercial area. The southerly revision would not be used for
commercial purposes. Additional right-of-way has also been added
and there was discussion about Outlot F.
Mr. Sellergren marked three exhibits A, B, and C and indicated
that the exhibits could be kept by the City to identify the plans
that were being submitted at the Council meeting on December 17,
1987.
Councilman Ellison asked whether the building pads have changed,
and the answer was that because of the 50 foot distance from Cliff
Lake, there are some changes. There are more parking spaces than
the previous plan and the right turn access from Rahn Road to the
Target parking lot may `not be implemented. In response to a
question, Mr. Colbert stated that traffic signals may be required at
the Target entrance in the first phase, depending on traffic
projections.
Councilman Wachter telephoned the City Council and was concerned
about restricting access north bound on Rahn Road for emergency
vehicle purposes. Mr. Colbert's answer was that there would be no
significant delay, according to the proposal, the restricted access
continued to be recommended.
Smith moved, Egan seconded the motion to approve the final
street alignment for Phase One of the Cliff Lake Galleria project as
submitted, according to Exhibits A, B, and C, with the final designs
to be determined prior to final plat approval. Councilman Ellison
asked whether there were modifications being made under condition
19, and whether the Planning Commission and Council should review
and approve and Paul Hauge's answer to the question was that it
would depend on whether there was substantial modification of the
original preliminary plat, which would be a Council decision.
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Council Minutes
December 17, 1987
Mr. Colbert noted that any changes proposed are part of the
traffic design modification, and not an attempt to change the
preliminary plat. All members voted in favor.
PROJECT #529 - CLIFF LAKE GALLERIA - FEASIBILITY REPORT
The Petition for feasibility report for Cliff Lake Galleria
street and utility improvements was submitted and it was recommended
that the Petition be received and that the Council authorize the
feasibility report, together with detailed plans and specifications.
Upon motion by Egan, seconded Smith, it was resolved that the
recommendation of the staff be approved and ordered to be
implemented. All members voted yea.
The consideration of the Cliff Lake Galleria project ended at
9:30 p.m.
SOLID WASTE RECYCLING FACILITY RECOMMENDATION
Mr. Hedges introduced Assistant Administrator John Hohenstein
who briefly described the recommendation of the Eagan Solid Waste
Abatement Commission regarding a recycling facility. A proposal has
been made by Minnesota Soft Drink Recycle to develop and operate a
recycling redemption center at 1971 Seneca Road near Highway #13.
MSD requests assistance in the purchase of a piece of capital
equipment to be used in the facility at a cost of $4,000.00 per year
for the next three years, and it was also requested the City assist
in promoting the facility through its newsletter and other means;
that it assist in the provision of adequate signage for the site and
the City pass through the $4.00 per ton recyclable rebate as long as
this program is available through Dakota County. There being no
objection, Smith moved, Ellison seconded the motion to accept the
Minnesota Soft Drink redemption center proposal and direct the staff
to negotiate conditions including costs not to exceed $4,000.00 per
year for the next three years for capital equipment. All voted
yes.
JOINT CABLE COMMISSION - BUDGET
The City Administrator described the proposed 1988 Cable budget,
being similar to the budget accounting priority set forth in
Burnsville and Eagan for other accounting standards. The form of
the Cable budget has been modified with two budgets being
recommended: One for the Cable Commission which supports its
activities, and the second entitled "Local Programming" and would
cover expected expenditures for the proposed operation. Staff
recommended that the residue of the franchise fee stream not be used
for the two joint fund budgets but be directed back to the member
cities for their individual cable related expenditures.
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Council Minutes
December 17, 1987
After discussion, Egan moved, Smith seconded the motion to
approve the proposed Cable budget for 1988 as presented, but
Councilman Smith indicated that he was not comfortable with the City
Council being the final authority for definition of cable -related
expenses and how franchise fees will be spent. All voted yes.
Mr. Hedges thanked John Hohenstein for his very diligent work in
taking over the Cable Commissioner's duties for the City of Eagan,
following the departure of Ralph Campbell.
SUNRISE HILLS ADDITION - VARIANCE
An application was submitted by Argus Development Corporation
requesting a 10 foot variance to the 30 foot front setback on Lots
28, 29, and 30, Block 2, and Lots 8 and 9, Block 3 of Sunrise Hills
Addition. The purpose of the variance, according to Mr. Runkle,
would be to allow the parcels to be developed with a 20 foot front
yard setback primarily because of steep terrain and location of
ponding easements and trees. Brad Swenson appeared for the
developer and described the reasons for the variances. He indicated
there would actually be 20 to 33 feet to park in front of the garage
with two spaces in each garage. In answer to questions, he stated
that had the developer known the storage capacities and the high
water marks for the pond, the variance could have been requested
when the plat application as submitted. He indicated that a 50 foot
pad is necessary, whereas Mr. Colbert explained that it does not
appear to be a hardship at the present time because no building
permit applications have been submitted and possibly, the building
pads will not be 50 feet deep.
After discussion, Smith moved, Egan seconded the motion to deny
the application, noting there was no hardship and that the purpose
was simply for maintenance only. All members voted yes.
JUDITH & ORLIN MYRLIE - 820 LONE OAK ROAD - CONDITIONAL USE PERMIT
An application was submitted requesting conditional use permit
to allow a day care facility for 11 or more children in a Light
Industrial district at 820 Lone Oak Road by Mr. and Mrs. Orlin
Myrlie. Day care facilities are not listed in any category under
Il, therefore, the existing use would be considered a nonconforming
use. The APC recommended approval without any conditions but that
the recommendation of the 'issue of assessments be reviewed prior to
the City Council meeting. Mr. Colbert explained the reason for
proposed upgrading of the assessment based upon the upgrading and
uses of the property. Councilmembers requested that information
regarding assessments be submitted for council review when a change
in use takes place.
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Council Minutes
December 17, 1987
Egan moved, Ellison seconded the motion to approve the
application without assessments being upgraded at the present time.
All members voted yea.
HEALTH CENTRAL ENTERPRISES - CONDITIONAL USE PERMIT
The application by Health Central Enterprises for conditional
use permit for pylon sign for the Health One Urgent Care facility on
Pilot Knob Road next came to the City Council. Two secondary signs
near the health care entrances will be removed to conform to the
sign ordinance and the wood -constructed Norwest Bank entry sign is
approximately 100 feet from the proposed sign to the north. Staff
recommended either a variance or a request that Norwest remove the
sign if the Health Central application is permitted. The APC
recommended approval and Mr. Hedges explained the action of the
Advisory Planning Commission. Dale Runkle was excused from the
meeting at this time.
A representative of the applicant was present and there were no
objections. Smith moved, Egan seconded the motion to approve the
application without any upgrading of assessments at the present time
and subject to all sign ordinance requirements; further, that the
staff direct Norwest Bank to apply for a permit within 60 days for a
permit for the sign at the northwest corner of the property, with
the understanding that it would be removed if an application is not
submitted. All councilmembers voted affirmatively.
LEXINGTON CENTER - CONDITIONAL USE PERMIT
The application of Mark Ravich for conditional use permit for
pylon sign for the Lexington Center shopping center on Lexington
Avenue, south of Diffley Road, came to the Council. The APC
recommended approval and Mr. Hedges reviewed the application. Mark
Ravich was present and answered questions of the City Council
members. Smith moved, Ellison seconded the motion to approve the
application for conditional use permit for a pylon sign 25 feet in
height, with the understanding that the upgraded assessments
recommended by the staff be levied unless they would constitute a
duplication of existing levied assessments. All voted yea.
NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT
The application of Naegele Outdoor Advertising Company to allow
a billboard advertising sign along Highway #13 on Lot 3 of the
Dallas Development 2nd Addition next was presented to the Council
for its review. The APC at its regular meeting on November 24, 1987
recommended approval subject to certain conditions. The proposal
would be to allow the reconstruction of the Naegele billboard
previously located on the north side of Highway #13. The present
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Council Minutes
December 17, 1987
sign was originally erected in October of 1984 and removed in the
Fall of 1987 when the grading of the Dallas Development 2nd Addition
began. The proposed sign would ,measure 19 feet by 48 feet and 9.12
square feet with a maximum height of 40 feet.
A representative of Naegele was present and said that the sign
taken down at Blackhawk several years ago was relocated to Silver
Bill and Highway #13.
Councilman Smith moved, Egan seconded the motion to approve the
application with the understanding that the sign be subject to the
following:
1. A minimum 20 foot setback from Highway #13 right-of-way.
2. The one-time sign fee of $2.50 per square foot be required.
3. The sign shall comply with all necessary ordinance
revisions.
4. The back side of the double face sign shall be closed and it
shall be no higher than 40 feet from the base of the sign.
5. The sign shall be no larger than the most recent sign that
was removed.
Mayor Blomquist questioned whether the original permit on
Highway #13 and Silver Bell Road was only on a temporary basis until
any development took place in the property.
Councilman Ellison stated that the proposed location was wrong
in his opinion. The Council held up the decision until the staff
could research the minutes to determine whether the relocation was
temporary.
TRIANGLE METALLURGICAL, INC. - CONDITIONAL USE PERMIT
The application of Triangle Metallurgical, Inc. for conditional
use permit to allow freight terminal in a Light Industrial district
along State Highway #149, north of the UPS facility, was then
considered by the Council. There currently is a freight terminal on
the site that was most recently occupied by Brown Transport. No
representative of the applicant was present and the APC recommended
approval. Egan moved, Ellison seconded the motion to approve the
application, noting that the use was appropriate in a Light
Industrial area; further, that the application be subject to the
upgrading of the assessments as proposed by the staff, and subject
to all applicable ordinances; further, that there be no outside
storage on the site. All members voted' yes.
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Council Minutes
December 17, 1987
BLACKHAWK PLAZA - WAIVER OF PLAT
The application of Blackhawk Plaza, Inc. for waiver of plat to
combine the western 15 feet of Lot 4 with Lot 5 of Blackhawk Plaza
Addition for an automotive service station came next to the Council.
The APC recommended approval with conditions. Mr. Hedges stated a
15 foot increase was requested in order that the proposed gas
station and single bay car wash can meet side yard setback
requirements. Four gas pump islands were proposed and 7 employee -
type parallel parking stalls will be provided along with the 8
adjacent to the pump islands. No service bays are proposed.
Jim Phillipi of Northstar Engineering representing Phillips
Petroleum, ;was present. Chuck Carmichael also appeared as attorney
for the developer and owner and objected to the additional
assessments and asked that they be deferred until an assessment
hearing is held. Mr. Colbert stated that Project #372 has not been
assessed and is now pending.
Ellison moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. The lot coverage shall be no more than 20%.
2. The signage on the canopy shall be no more than 200 of each
side.
3. No additional pylon sign will be permitted on this lot.
4. A variance to allo=w a 41 foot canopy variance along Diffley
Road shall be approved.
5. There shall be no outside storage or display of goods.
6. The upgraded assessments shall be levied in the event that
they have not already been levied against the applicant's property.
All voted yes.
CEDRIC KIRCHNER - WAIVER OF PLAT
An application of Cedric Kirchner for waiver of plat in order to
split 22.06 acres of agriculturally zoned property into two separate
parcels with different ownership along the west side of Highway #3,
south of Cliff Road came next to the City Council. The purpose of
the request is to allow the conveyance and recording of the separate
parcels. There were no objections to the application and the
Advisory Planning Commission recommended approval. A representative
of the applicant was present. The staff members were concerned
about the use of waivers and the issues that may arise in the future
Council Minutes
December 17, 1987
if waivers are continued to be allowed, including necessary
easements. Smith moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. The 16 by 410 foot strip, the 16.25 acre parcel and the 3.51
acres abutting Dodd Road shall be combined into a single parcel.
2. No building permits or site development shall occur until
platting takes place on the 20+ acre parcel.
All voted in favor.
NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT
The City Council again considered the application of Naegele
Outdoor Advertising for conditional use permit for advertising sign
on Highway #13. The minutes of the July 2, 1984 Council meeting
were reviewed and there was no directions that the sign must be
removed when the development takes place. The Council then renewed
the motion for approval that was made at an earlier time, and the
following conditions were imposed:
1. There shall be a minimum 20 foot setback from Highway X13
right-of-way.
2. The one-time sign fee of $2.50 per square foot shall be
required.
3. Compliance with all necessary ordinance revisions.
4. Subject to the back side of the double face sign being
closed and that it be no higher than 40 feet from the base of the
sign.
5. The sign shall be no larger than the most recent sign that
was removed.
6. When Lot C is developed, the sign must be removed.
The representative of Naegele agreed with the last condition.
All voted yes.
BERRY RIDGE ADDITION - PRELIMINARY PLAT, GUIDE PLAN AMENDMENT
AND REZONING
Application of Arcon Construction Co. for comprehensive guide
plan amendment, rezoning of 1.47 acres of townhouse zoned property
into two separate single family, and R-2 district lots containing 3
single family lots and one duplex lot, and a preliminary plat for
the Berry Ridge Addition was brought to the Council. The 1987 Land
Use Plan designates the area as D -III.
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Council Minutes
December 17, 1987
The proposal to replat the northern undeveloped portion of the
Hilltop of Eagan plat was approved in 1983 to approve two buildings
for a total of 28 units. The revised plat will compliment the
single family homes, on the north side of Berry Ridge Road much
better than the multiple unit project, according to the staff. Mr.
Hedges introduced the application and Scott Johnson appeared for the
applicant. The APC recommended approval with certain conditions.
There were no objections but there had been neighbors present at the
Planning Commission meeting with certain concerns about the value
and size of the proposed single family homes.
Mr. Hedges stated that neighbors understood that the applicant
did not object to complying with the covenants comparable to the
neighboring single family residential plat. Mr. Johnson stated that
the developer did not agree with the restrictive covenants and that
Arcon will require plan approval for all homes built on the lots.
In addition, Arcon will berm and landscape between the single family
and multi -family lots.
Egan moved, Ellison seconded the motion to approve the
application for Comp Guide revision. All voted yes.
Egan then moved, Ellison seconded the motion to approve the
application for rezoning to R-1 and R-2 districts as requested. All
voted in favor.
Egan moved, Ellison seconded the motion to accept the Advisory
Planning Commission recommendation to approve the application for
preliminary plat, with the following conditions:
1. All standard platting conditions shall be adhered to.
2. The driveway for Lot 4 shall connect to Berry Ridge Road and
a 20 foot setback shall be allowed if desired along Hilltop Lane.
3. The development shall be responsible for extending the
existing outlet into Pond LP -63 to its normal water level.
4. All sanitary and storm sewer lines which were previously
designated as private lines are required to be televised and their
existing condition determined to be acceptable to City standards
prior to the City accepting the line as a public facility and
assuming perpetual maintenance responsibilities.
5. The developer shall abandon the existing 6 inch water main
which connects the existing 6 inch water main in Hilltop Lane with
the existing main along the common lot lines between proposed lots 2
and 3, or assure the City that 7 1/2 feet of earth cover shall be
maintained over the water main.
Council Minutes
December 17, 1987
6. Staff approved berming shall be required along the southerly
ends of Lots 1, 2, and 3.
7. The staff will work with the developer and representatives
of the neighboring owners concerning the restrictive covenants for
the property and in the event that there is no agreement, that the
issue concerning covenants on the property will be returned to the
City Council for its consideration.
All voted yea.
BUFFER HILLS 2ND ADDITION - PRELIMINARY PLAT
The application of Donald Christenson for preliminary plat
approval of Buffer Hills 2nd Addition, covering Lot 5, Buffer Hills
Addition, into four single family lots on 2.1 acres was next
reviewed. The Buffer Hills Addition was approved in 1978 for 7
single family lots and a townhouse unit on Lot 4. There are
currently homes on Lots 2, 3, 4, 5, and 7. Each of the proposed
lots would exceed the single family code standards, and the largest
lot with frontage on Fish Lake would be subject to the City
Shoreland Ordinance. Mr. Colbert recommended the extension of a
street to the east from the cul-de-sac.
Brad Swenson and Mr. and Mrs. Christenson were present for the
applicant. Mr. Swenson indicated that the owner will put in
utilities privately but the street easement to the east would be a
problem because of the slope of the lots. Don Christenson explained
that he would not favor th_e street easement to the east because of
the steep grade and the large standing oak, and indicated it would
create a hardship in his development.
Smith moved, Egan seconded the motion to approve the application
without the street easement, noting the hardship that would be
created and subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. Lot 2 shall be subject to the City's Shoreland Ordinance.
All voted positively.
HAMPTON INN/EAGANDALE CENTER INDUSTRIAL PARR 9TH ADDITION
REZONING, PRELIMINARY PLAT, COMPREHENSIVE GUIDE AMENDMENT
AND CONDITIONAL USE PERMIT
An application of Opus Corporation for rezoning 7.8 Light
Industrial and General Business zoned acres to Roadside Business,
Planned Development district and preliminary plat of 33.78 acres,
comprehensive guide plan amendment and conditional use permits for
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Council Minutes
December 17, 1987
pylon sign and building height in excess of 35 feet was brought to
the Council. The proposal would be to provide that the 3 acres of
General Business at the corner of Lone Oak and Lexington would be
eliminated with 7.8 acres proposed planned development zoning. Lot
1 would include a Class I restaurant, .Lot 2 would have a 123 room
hotel, Lot 3 a health club or high tech industrial building, all in
Lot 1. Lots 1, 2, and 3, Block 2, would include office or retail,
office, or office and 'nigh tech industrial.
Bob Worthington was present and stated the focus of the proposal
would be a four story 123 room Hampton Inn Hotel located adjacent to
I -35E, which would be the third hotel within the Eagandale campus.
The plan will be to subdivide the property and create two major
streets with Hampton Drive and Hampton Way, noting that the street
easterly to Lexington Avenue is necessary because there would be
only a right -turn in and right -turn out from the street connecting
Lone Oak Road. A display of potential uses for the balance of the
property, other than the motel and restaurant, was also reviewed.
Greg Nuke, the architect, was present and described the Hampton
Inn Hotel briefly.
Wayne Morris of the Oak Leaf Hotel Group of Memphis, Tennessee
also appeared and indicated there would be no restaurant for outside
persons, and limited service for hotel residents only. He noted
that there are 150 Hampton Inn Hotels open, and the plan is to have
300 open by 1990 throughout the country. This hotel would be the
fourth in the twin cities area.
Mr. Hedges discussed the potential architectural compatibility
of the proposed health club and Bob Worthington indicated that it
would be compatible and there would be controls on the architecture
and development of the entire site.
Councilman Egan discussed the liquor license and Mr. Morris said
that no liquor license application would be requested for the
restaurant or motel.
Mr. Hedges recommended that covenants should be reviewed and
approved by the City for architectural compatibility. Four
additional ponding sites will be included at the present time to
solve the storm sewer problem, to hold the storm sewer water.
Smith moved, Egan seconded the motion to approve the application
for comp guide revision. All voted yes.
Ellison moved, Smith seconded the motion to approve the
application for rezoning as submitted. All voted yea.
Egan moved, Smith seconded the motion to approve the application
for preliminary plat with the following conditions:
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1. That covenants be prepared and submitted to the City for its
review and approval, covering architectural compatibility of the
entire development.
2. All standard platting conditions shall be adhered to.
3. A planned development agreement shall be entered into for
the three lots and the length of the PD shall be determined with
this plat.
4. All signage as proposed shall be approved and subject to the
$2.50 per square foot one time sign fee.
5. The restaurant development shall be reviewed and approved by
the Advisory Planning Commission and City Council prior to the
issuance of the building permit.
6. The parking stall number and size shall be approved
according to the site plan for the hotel.
7. All mechanical equipment and trash enclosures shall be
screened or incorporated into the building design constructed with
the same material as the building.
8. The development is responsible for providing the properly
sized storm sewer outlets to Ponds DP -3 and DP -19 as needed to serve
the proposed development.
9. A landscaping plan approved by the City shall be submitted
prior to final plat.
All members voted yes.
Ellison then moved, Smith seconded the motion to approve the
application for the pylon sign, 25 feet in height and 180 feet of
interior lighted signage, and in addition, the conditional use
permit for the construction of a hotel to allow 4 stories, subject
however, to compliance with all other City requirements. All voted
in favor.
- ..Upon motion by Egan, seconded by Smith, it was resolved that the
Petition for feasibility report for Project #528 consisting of
street and utility improvements in Eagandale Center Industrial Park
9th Addition be accepted, and that the consulting engineer be
authorized to prepare a feasibility report for the project. All
councilmembers voted affirmatively.
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Council Minutes
December 17, 1987
GOPHER SMELTING COMPANY
John Tapper of Gopher Smelting Company appeared within the
Visitors to be Heard portion of the meeting, and requested a
building permit for Consolidated Freightways on Yankee Doodle Road
prior to filing of the final plat. He indicated that there had been
delay due to the access problems to Yankee Doodle Road on the west
side of Highway #149. Mr. Colbert explained that the access issue
on the west side did not relate to the access on the east side where
Consolidated Freightways proposed to be located and had no objection
to the request, noting the hardship to continue the application.
Egan moved, Smith seconded the motion to approve the application,
based upon the hardship described by Mr. Tapper. All voted in
favor.
SUNRISE HILLS ADDITION - FINAL PLAT
The application for final plat approval of Sunrise Hills
Addition was brought to the City Council and it was recommended that
it be approved, subject to street name change to Wescott Hills
Drive. Egan moved, Ellison seconded the motion to approve the
application, with the condition as recommended. All voted in favor.
SUNRISE HILL ADDITION - EASEMENT VACATIONS
A Petition had been received to vacate an old metes and bounds
description for a ponding and utility easement within the recently
platted Sunrise Hills Addition. Upon motion by Smith, seconded
Egan, it was resolved that the request be received and that a public
hearing be scheduled for January 19, 1988 at 7:00 p.m. at the City
Municipal Center. All voted positively.
CLIFF LAKE GALLERIA - MUNICIPAL STATE AID STREET ALIGNMENT
Mr. Colbert stated that the proposed street connecting Rahn and
Blackhawk Roads under the Cliff Lake Galleria project meets all
requirements and is eligible for a designation as a municipal state
aid street. The designation must be approved by official Council
action prior to the end of the calendar year, preceding the proposed
construction and recommended approval of the Resolution, designating
it as a state aid street. Smith moved, Egan seconded the motion to
approve the resolution designating the street as municipal state aid
and authorize the Mayor and City Clerk to execute the related
documents. All voted yes.
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December 17, 1987
JOHNNY CAKE RIDGE 4TH ADDITION - EASEMENT VACATION
A Petition had been received from Good Value Homes for hearing
to vacate the blanket drainage and utility easement over the common
open space in Outlot B of Johnny Cake Ridge 4th Addition to
accommodate Johnny Cake Ridge 5th Addition development. Blomquist
moved, Smith seconded the motion to receive the petition and to
schedule a public hearing for January 19, 1988 at 7:00 p.m. at the
City Municipal Center for the vacation, with the understanding that
neighbors will be contacted regarding the vacation process. All
voted yea.
JOHN HOHENSTEIN
City Administrator Tom Hedges recommended to the City Council
that John Hohenstein's salary be increased approximately 5%, due to
the Cable T.V. responsibilities that he assumed. Ellison moved,
Egan seconded the motion to accept the recommendation, allowing for
5% retroactive increase for three months, with the understanding
that Burnsville has provided for a similar increase for its
assistant administrator with Cable duties, which amount will be paid
from the Cable budget, or from the General budget. All voted yea.
PHOTOCOPY MACHINE
Tom Hedges discussed with the City Council the proposed purchase
of a Kodak photocopy machine as an upgrade of the existing
photocopying machine at City Hall. No specific action was taken.
SPECIAL CITY COUNCIL MEETING
Councilman Smith discussed briefly the National League of Cities
Convention in Las Vegas and indicated that he was submitting a
report regarding his attendance at the meeting. He recommended a
special meeting of the City Council for December 30, 1987 to include
a discussion regarding the National League of Cities Convention. A
special meeting was scheduled for December 30, 1987 at 7:00 p.m. at
the City Hall.
CHECKLIST
Egan moved, Blomquist seconded the motion to approve the
following checklist dated November 30, 1987 in the amount of
$1,728,120.95 and also the checklist dated December 17, 1987 in the
amount of $929,811.89. All voted yea.
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December 17, 1987
Egan moved, Blomquist seconded the motion to approve the request
of Charles Hall for payment of attorney's fees regarding the Bieter
lawsuit, in which he was named as a deponent. All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the regular meeting
adjourned at 12:10 a.m.
PHH
City Clerk
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