08/18/1998 - City Council RegularMinutes of the Regular City Council Meeting August 18, 1998 page 1
MINUTES OF A REGULAR MEETING OF THE 00303
EAGAN CITY COUNCIL
Eagan, Minnesota
August 18, 1998
A regular meeting of the Eagan City Council was held on Tuesday, August 18, 1998 at 6:30 p.m.
at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada,
Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley,
Director of Public Works Tom Colbert, and City Attorney Jim Sheldon.
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GENbA
A
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF TIFF BUG L?ST #,1998 GULAR MEETIN+
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
1w NC TES OF Ti IF JUL' 28,.X998 SPECIAL MEETING
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
P >rSENTATIt)05 & RECOGNI io
PRESENTATION OF POLICE DEPARTMENT OUTSTANDING CITIZEN'S COMMENDATION
City Administrator Hedges provided an overview on this item. Police Chief Geagan provided
additional information on the Police Department Outstanding Citizen's Commendation and
commended Stephanie Smith for her heroic efforts in saving a boy from drowning.
Mayor Egan presented Ms. Smith with a plague in recognition of lifesaving efforts.
DEPARTMENT HEAD BUSINESS
CLARIFICATION OF ELECTION SIGN POLICY
City Administrator Hedges provided an overview on this item. He stated that the policy had
been inconsistent with the County's more stringent, but loosely enforced policy.
Councilmember Awada stated that the Parks and Recreation Department should be aware that
the maintenance workers have historically tossed the campaign signs into the weeds if they interfered
with mowing; she asked that the department handle the signs more reasonably.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a
revised City election sign policy. Aye: 5 Nay: 0
GRAND OPENING OF CIVIC ARENA (SECOND SHEET OF ICE)
AND GROUNDBREAKING OF AQUATIC FACILITY
City Administrator Hedges provided an overview on this item. He gave a history of past
groundbreakings and grand openings and stated that the staff intended to produce a festive event with
activities to draw community participation. He stated that the staff kept the costs on this event
reasonable and then distributed a draft of the invitation to be sent to various members of the
Minutes of the Regular City Council Meeting August 18, 1998 page 2 00304
community. He further commented that the Council should consider naming the facility and directed
their attention to the suggested names made by the Advisory Parks Commission.
Councilmember Masin suggested that the name not include the word "family" because that
limits the other demographics to which this facility may appeal. She further stated that the Parks
Commission should decide the name and make a recommendation to the Council for approval. Mayor
Egan stated that there were two more opportunities before the groundbreaking for Council action to
decide on a name. Councilmember Wachter stated that he thought everyone interested in the public, the
commission and on the Council should submit names and then the Council should consider them and
approve one.
Councilmember Wachter moved, Councilmember Awada seconded a motion to collect input on
names and make a decision at the meeting on August 25, 1998.
Mr. Floyd Hiar was present and addressed the Council. He stated that it is inappropriate to
hold a joint grand opening/ groundbreaking ceremony because the second sheet of ice deserves its own
ceremony. He further stated that the controversy surrounding the Aquatic Facility makes a celebration
of the groundbreaking inappropriate. He reminded the Council that he had asked for information on
what it would cost to bring his family to the facility and stated that he still did not have an answer. He
stated that the community should name the facility and suggested holding a contest to select the name.
Mr. Jeff Gregory of 1322 Deercliff Lane was present and addressed the Council. He stated that
the second sheet of ice at the Civic Arena should have a grand opening celebration, but that the Aquatic
Facility should not have a groundbreaking ceremony at this time. He stated that this event was a city-
financed campaign event for Councilmember Awada's campaign for Mayor. Councilmember Awada
responded that the City has held groundbreaking campaigns for every new public facility and that she
thought the community should be proud of the new facility and have the opportunity to be part of the
celebration. She stated that the combined event saves on costs and saves staff planning time. She
commented that both projects have been supported by the community and that the community should
be able to be involved in their celebration. She extended invitations to Mr. Hiar and Mr. Gregory to
attend the event in spite of their opposition to the Aquatic Facility project.
Mayor Egan stated that he supported Councilmember Awada's comments and added he was
disappointed that the two individuals were still so insistent on the "so-called" controversy of the
Aquatic Facility project. He stated that he has been inundated with calls from supporters of the project
and reaffirmed the widespread public support garnered by this project. Councilmember Masin stated
that it takes courage for residents to approach the Council and commented that they should not feel
chastised for expressing their opinions. Mayor Egan responded that all persons present at a public
meeting must be responsible for their comments, including the audience, staff and Councilmembers.
Councilmember Blomquist stated that the most important event of the celebration was the
grand opening of the second sheet of ice and stated that it should receive top billing on the invitations
and in the planning. She further stated that all the groups who were responsible for the installation of
the second sheet of ice should be invited and involved in the grand opening. She stated that the Council
should proceed more slowly with choosing a name and have fun with the process. Mayor Egan stated
that the Council could defer the decision. Director of Parks and Recreation Vraa commented that staff
and the Parks Commission had considered the groundbreaking an opportune time to unveil a new
name. City Administrator Hedges added that the promotional materials could be formulated only after
a name decision had been made. Councilmember Blomquist stated that they should work to involve the
youth more and restated that the important issue is the opening of the second sheet of ice. Mayor Egan
stated that staff should contact the school districts and involve students of all ages in the process to
determine the name for the Aquatic Facility. Director of Park and Recreation Vraa suggested that the
Council reveal the name at a future community event. Mayor Egan clarified the motion as made by
Councilmember Wachter and seconded by Councilmember Awada to read: to open a public opportunity
process to determine a name for the Aquatic Facility to he returned to the Council for consideration at
the October 20, 1998 Regular Council Meeting. Councilmember Wachter stated that this process had
been intended in his original motion. Aye: 5 Nay: 0
Minutes of the Regular City Council Meeting August 18, 1998 page 3 00305
Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the Lia7
Grand Opening/Groundbreaking ceremony with the change to include the Grand Opening of the
second sheet of ice at the top of the invitations and advertisements. Aye: 5 Nay: 0
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CONSEN ;AGENDA
In regard to Item C, Resignation, Solid Waste Abatement Commission, Councilmember Masin
moved, Councilmember Awada seconded a motion to elevate Charles Thorkildson to full member of the
Solid Waste Abatement Commission.
Aye: 5 Nay: 0
In regard to Item G, Reaffirmation of RiverPark Office Center Preliminary Subdivision, Mayor
Egan stated that the Council had not seen the terminology "reaffirmation" in any previous actions and
asked for assurance that the Council is following all necessary policies with regard to this item. City
Attorney Sheldon responded that the terminology would essentially re-approve the preliminary
subdivision that went through the public input process three years ago. He stated that nothing had
changed about preliminary subdivision, so the terminology allows for re-approval without the extensive
public process that has already been completed. Mayor Egan stated that he did not have a problem with
the terminology, given the conditions stated by the City Attorney and commented that he is interested
in seeing this project move forward.
In regard to Item J, Contract 98-06, receive bids/award contract, Town Centre 100 (Sidewalk),
Councilmember Blomquist inquired about which side of the road would have sidewalks installed.
Director of Public Works Colbert responded that it would be constructed on both sides of Town Centre
Drive except for the portion of sidewalk in front of the Waterford Apartments at which it will be
constructed only on the north side of Town Centre Drive. Mayor Egan commented that the bids were,
again, considerably higher than the feasibility report and asked for an explanation. Director of Public
Works Colbert stated that the cost for the concrete sidewalk was less than anticipated, but the cost to
subcut and divide the sand base increased, as well as the sod restoration unit prices significant increase.
He stated that careful contract management could reduce the costs of the project.
In regard from Item R., Recommendation, Airport Relations Commission, comments to
congressional delegation, North-South Runway funding, City Administrator Hedges stated that the City
had received many calls about the noise from the airport's use of the North-South runway. He said that
residents had asked if the City Council was aware of these issues and that he would like to assure the
public that the City Council and the staff have been working on these issues for several years, instituting
the Airport Relations Commission to work with the airport and other impacted communities. He
further stated that a fact sheet detailing the efforts of the City with regard to the airport is available at
City Hall and can be obtained by calling and requesting the information or by coming directly to City
Hall and making an inquiry. Mayor Egan stated that the City of Eagan has been progressive in their
efforts to deal with the airport and that they were taking action to prevent the construction of a third
parallel runway through a contract with a term ending in the year 2050.
A. Personnel Items
Item 1. It was recommended to accept the resignation of Joe Voels, Construction Analyst.
Item 2. It was recommended to accept the resignation of Mary Knutson, Clerical Tech III in the Police
Department.
Item 3. It was recommended to approve the hiring of J. Craig Novaczyk and Wayne V. Miller as
Building Inspectors for the Protective Inspections Division of the Community Development Department.
Item 4. It was recommended to approve the hiring of James Sanders as a seasonal part-time program
leader at the Wescott Recreation Center.
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Minutes of the Regular City Council Meeting August 18, 1998 page 4
Item S. It was recommended to approve the hiring of Joe Pontrelli as a seasonal part-time skate guard at
the Civic Arena.
Item 6. It was recommended to approve the hiring of Chelsea Crouch as a seasonal part-time concession
stand worker at the Civic Arena.
B. Tobacco & Service Station licenses, Oasis Market - 1425 Yankee Doodle Road. It was recommended
to approve tobacco and service station licenses for the Oasis Market located at 1425 Yankee Doodle
Road.
C. Resignation, Solid Waste Abatement Commission. It was recommended to accept the resignation of
James Orcutt from the Solid Waste Abatement Commission and appoint Chuck Thorkildson, the current
alternate, as a full member and contact the remaining pool of candidates regarding the alternate
position.
D. Final Subdivision, Wispark Corporation for Grand Oak One. It was recommended to approve a 98-67
Final Subdivision (Grand Oak One) consisting of 2 lots and 2 outlots on approximately 31.5 acres located
west of TH 149, on the south side of Blue Gentian Road in the NE 1/4 of Section 2.
E. Approve Joint Powers Agreement with MnDOT, (Hwy. 55 Corridor and Access Management Study). 98-68
It was recommended to approve a joint Powers Agreement with MnDOT (Hwy. 55 Access Management
Study) and pass a resolution authorizing the Mayor and City Clerk to execute all related documents.
F. Final Subdivision, Mendota Homes, Inc. for Blackhawk Acres 5th Addition. It was recommended to 98-68.1
approve a Final Subdivision, Blackhawk Acres 5th Addition, consisting of four lots on .91 acres located
east of Robin Lane in the SE 1/4 of Section 17.
G. Reaffirmation of RiverPark Office Center Preliminary Subdivision. It was recommended to reaffirm
until June 30, 1999, the September 5,1995 Preliminary Subdivision known as RiverPark Office Center
located west of Highway 13 and south of Yankee Doodle Road.
H. Change Order No. 1, Fire Administration Building. It was recommended to approve Change Order
No. 1 for the Fire Administration Building Project and authorize the Mayor and City Clerk to execute all
related documents.
1. Rate Schedule, Civic Arena 1998/99 season. It was recommended to approve the rate schedule for
the Civic Arena for the 1998-1999 skating season as follows:
$135.00/Hour Prime time 2:00 p.m. - 10:00 p.m. weekdays
$105.00/Hour Non-prime time
Manager is allowed some flexibility in pricing for extended contracts in off-season
J. Contract 98-06, receive bids/award contract, Town Centre 100 (Sidewalk). It was recommended to
receive bids for Contract 98-06 (Town Centre 100 Addition - Sidewalk Improvements), award the
contract to Ron Kassa Construction, for the Base Bid in the amount of $91,632.75, and authorize the
Mayor and City Clerk to execute all related documents.
K. Project 747, receive feasibility report/order public hearing (TH 149 & TH 55/Oakview Center -
Street/Signalization Improvements). It was recommended to receive the feasibility report for Project
747 (TH 149 and TH 55/Oakview Center - Street/Signalization Improvements) and schedule a public
hearing to be held on September 14, 1998.
L. Vacation of drainage and utility easements, receive petition/schedule public hearing (Eagandale
Corporate Center 18t Add.). It was recommended to receive the petition to vacate drainage and utility
easements, and schedule a public hearing to be held on September 14,1998.
M. Contract 95-07, approve final payment/authorize City maintenance (Nicols Rd. - Street
Improvement). It was recommended to approve the 4th and final payment for Contract 95-07 (Nicols
Minutes of the Regular City Council Meeting August 18, 1998 page 5 00307
Road - Street Improvements) in the amount of $14,100 to Valley Paving, Inc., and authorize perpetual
City maintenance subject to execution of the Release of Claim Form.
N. Project 720, receive final assessment roll/order public hearing (Eagan Business Commons - Streets
and Utilities). It was recommended to receive the Final Assessment Roll for Project 720 (Eagan Business
Commons - Street and Utilities) and schedule a public hearing to be held on September 14, 1998.
0. Approve a resolution delegating authority to pay claims to an administrative official and approve 98-68.2
related internal accounting and administrative control procedures related to claims and payments. It
was recommended to approve a resolution delegating authority to pay claims to an administrative
official and approve related internal accounting and administrative control procedures related to claims
payments.
P. Approve list of additional election judges for the Primary Election on September 15, 1998. It was
recommended to approve the list of additional election judges for the Primary Election on September 15,
1998 as attached in Exhibit A.
Q. Recommendation, Airport Relations Commission, Third Parallel Runway contract position. It was
recommended to approve a recommendation by the Airport Relations Commission concerning the
City's position with respect to a Third Parallel Runway contract.
R. Recommendation, Airport Relations Commission, comments to congressional delegation, North
South Runway funding. It was recommended to approve a recommendation by the Airport Relations
Commission to submit comments to the state's Congressional Delegation concerning federal funding for
the North-South Runway as presented.
S. Vacation of drainage and utility easements, receive petition/schedule public hearing (Wescott
Gardens). It was recommended to receive the petition to vacate a drainage and utility easement for Lot
3, Block 3 Wescott Gardens, and schedule a public hearing to be held on September 14, 1998.
T. Vacation of drainage and utility easements, receive petition/schedule public hearing (Hilltop
Estates). It was recommended to receive the petition to vacate drainage and utility easements, and
schedule a public hearing to be held on September 14, 1998.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
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P HEARINGS
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ISSUANCE OF REVENUE BONDS BY THE CITY OF MINNEAPOLIS AND THE
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. PAUL FOR
ALLINA HEALTH SYSTEM
City Administrator Hedges provided an overview on this item. He stated that Allina Health
System is requesting that the bonds be refunded at this time with new debt issued through the City of
Minneapolis and the Housing and Redevelopment Authority of the City of St. Paul. He clarified for the
audience and the public that the decision to be made by the Council does not affect property taxes and
has no impact on any individual residents.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Masin seconded a motion to close the public
hearing, approve the resolution providing for issuance of revenue bonds by the City of Minneapolis and
the Housing and Redevelopment Authority for Allina Health System, pursuant to a joint powers
agreement to be entered into in connection therewith, and to approve the joint powers agreement. Aye:
5 Nay: 0
98-69
Minutes of the Regular City Council Meeting August 18, 1998 page 6 00308
PROJECT 745, BLUE GENTIAN RD. - STREETS AND UTILITIES AND 00308
PROJECT 746, BLUE WATER ROAD - STREETS AND UTILITIES
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert gave a staff report. He stated that these are two separate projects that are closely related and
could be discussed jointly. He introduced Mr. Jim Dvorak of SRF Consulting Group, Inc.
Mr. Dvorak stated that Blue Gentian Road will be a neighborhood collector street, integral to the
City's transportation plan. He reviewed the improvements to be constructed, the related costs, the
distribution of the assessments and the timeline for completion of the project.
Mayor Egan asked if any residents would be assessed for these improvements. Director of
Public Works Colbert informed the Council and the audience that the residents' properties would be
appraised to determine if there had been any benefit and assessed accordingly. He opened the public
hearing to anyone wishing to speak.
Ms. Marilyn Sanford of 1020 Blue Gentian Road was present and addressed the Council. She
presented the homeowner's petition and stated that she had been working with the Department of
Natural Resources to discuss the ecological effects of the potential buildings in the area. She encouraged
the Councilmembers to drive down the existing Blue Gentian Road to completely understand the issues
and concerns of the residents.
Mrs. Julie Chapple of 988 Blue Gentian Road was present and addressed the Council. She stated
that the proposed realignment of Blue Gentian Road would go directly through her backyard,
significantly bisecting the property. She expressed concern that no one from the City had formally
approached her about this potential disruption to her property and that this was the first map she'd seen
with the road going through her property. Director of Public Works Colbert pointed out the Chapple's
property and stated that the engineers had been directed to connect Blue Gentian to Bluewater in the
best possible way. He stated that the meetings for these roads and their construction/realignment
began very early in the process; he further stated that the City had inquired if the three impacted
property-owners would be interested in selling the property. He reported that two of the three property
owners had expressed an interest in retaining their property, thereby causing staff to consider realigning
Blue Gentian Road to the south of the impacted properties. He stated that the proposed alignment is not
final at this point and that it can be modified as the process continues. Mrs. Chapple stated that the
design changes should be done prior to approval by the Council and inquired about the expected levels
of truck traffic on the new Blue Gentian Road. Director of Public Works Colbert stated that there would
be increased truck traffic. Mrs. Chapple lamented the lack of public information on this project to this
point. Director of Public Works Colbert stated that staff held at least four meetings with residents and
stated that any discussion of detailed plans would have been premature due to uncertainty about
whether or not the project would proceed. Mayor Egan asked if the project was on a fast-track to be
completed this season and how that timeframe could be modified to allow for modifications. Director
of Public Works Colbert stated that the project is not on a fast track and that staff is looking for direction
from the Council on how to proceed. He identified the challenging task of balancing the needs of
residents with the needs of economic development. He reaffirmed that the proposed alignment was the
best solution from the staff's perspective.
Councilmember Blomquist expressed concern about the potential assessments to the residents
because she thought there would be no beneficial impact to their properties. She stated that she is
bothered by the pending action of the Council and considered the proposal rude to the current residents
on Blue Gentian Road. Director of Public Works Colbert stated that the current Blue Gentian Road
could have been upgraded, but it would have been a considerable challenge and have extensive negative
impacts on the Blue Gentian properties. He stated that they had approached this project with the intent
to minimize the impact to the residents. Councilmember Blomquist stated that the minimal impact
would be to keep the new road off their land.
Mr. Greg Miller of the Wispark Corporation was present and addressed the Council. He stated
that he had been in meetings about this for the past 8 months, has met with MnDOT and SRF Consulting
to study intensely and prudently the changes to be made to the business park area. He stated that the
Minutes of the Regular City Council Meeting August 18, 1998 page 7
00309
proposal is consistent with the land use designation made by the city over ten years ago. He strongly
urged approval of the project by the City Council. Mayor Egan stated that he understood the position of
Mr. Miller, but reaffirmed the importance of hearing the public's concerns at the only public meeting to
be held for this purpose.
Mr. Marv Eggum of 15708 Judicial Road in Burnsville was present and addressed the Council.
He stated that he had purchased land in the future business park back in 1982. He stated that his 2-acre
parcel had been taxed for 16 years and that he had paid assessments on the property as well. He stated
that the costs of owning this land over the years averaged around $7,400 to $8,600 per year with no
structure on the property. He stated that he was prepared to obtain legal counsel when the City Council
takes away his frontage on the current Blue Gentian Road through the proposed realignment. He stated
that the proposal landlocks his property. He further stated that the assessments didn't make sense.
Coundlmember Blomquist asked if he would benefit. Mr. Eggum said he would not benefit from
paying assessments. Mr. Eggum stated that it was time to develop the entire area as a TIF district. He
also stated that he did not understand the agricultural zoning in the area. He commented that recently
airplanes had been dumping fuel on the properties. Mayor Egan stated that his comments were straying
from the focus of the public hearing. Mr. Eggum concluded his comments by stating that the
assessments were unjust. Councilmember Wachter responded to Mr. Eggum's question about the
agricultural zoning by stating that it had been used for traditional agricultural purposes at one time, but
that the Council had hoped the residents would be willing to sell so the entire area could be zoned for a
business park. Mayor Egan reminded the audience that Ms. Marilyn Sanford had asked the Council to
be responsible in whatever choices were made.
Mr. Steve Chapple of 988 Blue Gentian Road was present and addressed the Council. He stated
that he had been to all the neighborhood and/or public meetings, but that this map was the first he'd
seen that went through his property. He stated that he would have appreciated direct contact from the
City. Mayor Egan stated that this had been discussed in concept at several meetings. Mr. Chapple
stated that he would be willing to sell at the right price, but that the process seems backwards because
the modifications to the project come after it is approved. Councilmember Awada stated that the
decision whether or not to proceed with the project could not be decided based on how much he would
like to receive for his impacted land, but that the whole road, the entire area and the greater City of
Eagan must be considered as well.
Mrs. Barb Nord of Blue Gentian Road was present and addressed the Council. She discussed
numerous concerns with the feasibility report for the project due to the lack of attention to the residents
in the area, pointing out instances in which they were excluded from the report because it was assumed
that they would no longer be present by 2003. She opposed the assessments, the project, the
realignment, and the general development policies of the City.
Ms. Kim Imre of Imre Development and TMI Coatings was present and addressed the Council.
She stated that she is in favor of the development, in favor of the roads and expressed empathy for the
impacted residents. She further stated that she looks forward to being part of a great business park.
Mr. Don Bussing, owner of parcel 17, was present and addressed the Council. He stated that he
supports the comments made by Mr. Eggum. He stated that after the corner of his property is removed,
his assessment equates to over $2 per square foot of property.
Mr. Ray Nutzmann of 1027 Blue Gentian Road was present and addressed the Council. He
stated that nothing had ever been done by the City for the Blue Gentian neighborhood. He further
stated that developers get whatever they request from the City. He commented that the neighborhood
would not benefit at all from this project and should not be assessed.
Ms. Patricia Pavlik of 990 Blue Gentian Road was present and addressed the Council. She stated
that the proposed alignment would go over a small corner of her property and asked the Council to
request that as little impact as possible be made to her property.
Ms. Kay Hanson of 1000 Blue Gentian Road was present and addressed the Council. She stated
that she thought the staff did a good job handling this project. She asked if it would be possible to defer
Minutes of the Regular City Council Meeting August 18, 1998 page 8 00310
the assessments until the properties are sold. Mayor Egan stated that it was still possible to negotiate an
agreement about the assessments in the future when the assessment hearing is held.
Mr. Greg Herrmann of 1011 Blue Gentian Road was present and addressed the Council. He
stated that he had approached City Planning when he was considering purchasing his property and was
informed that the development was pending while the City observed the success of the business park
down the hill. He inquired why he would have received that information if the area had been intended
for development since 1984. He further inquired why the area would continue to be sold as residential
property given the intended development. Mayor Egan stated that the decision would not be made
based on any report that states the residents will be gone by 2003 and that it was not the intent of the
City Council to remove the residents from their property. Mr. Herrmann stated that the residents were
entirely excluded from the feasibility report, assuming they would not be in the area. Councilmember
Awada stated that no one had thought the area would develop as quickly as it did and that those
properties would become very valuable in the future. Mr. Herrmann restated that the neighbors were
not included in the report. Councilmember Awada stated that the decision about whether or not they
would still reside on Blue Gentian could only be made by the residents.
There being no one else wishing to speak, Mayor Egan turned the discussion back to the
Council.
Councilmember Masin stated that this issue required more discussion. She commented that she
thought the process had been better and that there was more agreement. Councilmember Awada stated
that there would never be full agreement and that the issue to concentrate on is the proposed road
alignment. She stated that she is in favor of the project, but curious about the assessments. Mayor Egan
stated that the City expects this area to be a high quality, high profile business park. He stated that the
City is in a particular situation with the residents, but believes their properties will benefit from the
business park, making their property values significantly higher in the future. He stated that the
neighborhood and the business park could be compatible with some effort by all affected parties. He
recommended a deferral of the assessments on those properties until the land classification changes and
the land becomes part of the business park. Councilmember Wachter stated that the residents would
make the decision about whether or not to sell their homes, not the City Council. He further stated that
the residents should expect a zoning change. He also stated that the neighbors would benefit from
having the roadway behind them and down the hill because it will suppress the noise. Councilmember
Blomquist stated that she was glad the Council was discussing deferral as an option for the residents'
assessments. She stated that the deferral discussion would be raised again at the time of the final
assessment hearing. She expressed concern for the Chapples and their property and stated that their
issues must be worked out satisfactorily. She inquired about what the new name of the road would be.
Director of Public Works Colbert stated that it would be similar to the name change for the new Wescott
Woodlands, wherein the neighbors would decide on a name and it would be transitioned for two years.
Councilmember Awada moved, Councilmember Blomquist seconded a motion to close the
public hearing and approve Project 745 (Blue Gentian Road - Streets & Utilities) and authorize the
preparation of detailed plans and specifications, providing for an assessment deferral until land
classification change and redevelopment occur. Aye: 5 Nay: 0
Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and
approve Project 746 (Blue Water Road - Streets & Utilities) and authorize the preparation of detailed
plans and specifications, providing for an assessment deferral until land classification change and
redevelopment occur. Aye: 5 Nay: 0
PROJECT 688, FINAL ASSESSMENT HEARING
(EAGANDALE COPRORATE CENTER - STREETS AND UTILITIES)
City Administrator Hedges provided an overview on this item. He stated that this item would
be continued until the September 14 Regular City Council Meeting. He reminded the Council and the
Public that the second September meeting would be held on Monday, September 14, 1998 due to the
primary election on September 15.
Minutes of the Regular City Council Meeting August 18, 1998 page 9
00311
Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the
public hearing to September 14, 1998 for Project 688 (Eagandale Corporate Center - Streets and Utilities).
Aye: 5 Nay: 0
Councilmember Blomquist alerted the Council that they should at least hold the public hearing
for this project since it had been scheduled and published. There was no one present to speak.
PROJECT 673R, FINAL ASSESSMENT HEARING, TH 3r/RED PINE LANE
STREETS AND UTILITIES
City Administrator Hedges provided an overview on this item.
Mr. John Bannigan of Bannigan and Kelly, PA, served formal objections on behalf of the Jim
Oberg and the Finch family. He stated that the Finches had lost 2.03 acres of land in the course of the
project and that a jury had awarded $72,000 in damages. He suggested the Council request counsel
from the City Attorney. He stated that the road component of the proposed assessment did not benefit
the Finch property and asked that those charges be struck from the Finch's assessment. He stated that
the Finches could not afford the additional $25,000 in addition to their taxes and stated that they may
have to forfeit their mortgage or risk foreclosure, consequently losing their home and Mr. Finch's place
of business. He began his comments about the Oberg property by stating that an interested purchaser of
a 1-acre parcel of the Oberg property was willing to pay approximately $1 per square foot. He stated
that the purchaser lost interest due to indecision by the City regarding the area. He stated that at the
time of the interested purchaser, Mr. Oberg could have added sewer, water and storm sewer for about
$.38 per square foot, raising the value of his property to approximately $1.42 per square foot. Mr.
Bannigan stated that since the assessments, the assessments bring the cost of the property up to $1.77
per square foot, but that the property could not be sold at such a high price compared to the $1.55
valuation of the neighboring business park property development in Rosemount. He advised the
Council to reconsider this special assessment in lieu of facing the legal fees associated with an
assessment appeal.
Mayor Egan commented that he didn't recall an assessment in excess of $165,000 against a
husband and wife. He asked for comment from City Attorney Sheldon. City Attorney Sheldon stated
that Mr. Bannigan was referring to the first action taken by the City Council by acquiring the Finch
property for the necessary easements and right-of-ways and stated that the jury found that their
remaining land suffered severance damage. He further stated that such devaluation is common with
public projects. He addressed the 444 connection fees and stated that their use is available, but rarely
used. He stated that the decision to use or not use that provision in the City Code was at the discretion
of the Council. Mayor Egan asked if it was likely the City could collect the $165,000 from this
assessment. City Attorney Sheldon responded that the Council could determine that the value of the
property had increased by $165,000 by reason of the improvements or that the potential exists that a
developer may come in and wish to develop the property and could pay a portion of the assessments as
part of the development agreement. He reminded the Council that 444 applies only to water, storm and
sanitary sewer charges and that the street assessments must be paid now.
Mr. Mike Frattalone of 4784 South Robert Trail was present and addressed the Council. He
served them with his formal, written objection and then stated that his private water and septic systems
were suitable to his needs and that he did not consider himself a beneficiary of the project. He further
stated that the City's runoff had been draining into his pond since 1%9 and couldn't understand the
assessment for the addition of water and sewer system.
Mr. Mike McCann of 4450 South Robert Trail was present and addressed the Council. He stated
that he represented the Morotzkes who own the parcel south of the Gun Club Road. He stated that the
property owners do not benefit to the degree of the assessment.
There being no one else to speak, Mayor Egan returned the discussion to the Council.
Councilmember Awada asked how the City would arrange to have the assessments paid at the time of
development. City Attorney Sheldon responded that the City would arrange an agreement with the
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Minutes of the Regular City Council Meeting August 18, 1998 page 10
property owners to memorialize the assessments. Councilmember Blomquist stated that memorializing
the assessment values does not address whether or not the properties benefit from the improvements.
Mayor Egan stated that he was not confident that the City would be able to prove benefit to all the
properties and was skeptical of an assessment appeal in the City's favor. He inquired if the City had to
determine how to handle the assessments at this meeting. City Attorney Sheldon stated that they could
act on any part of the assessments at any time. Councilmember Masin said that it has been painful to
watch these residents deal with enormous assessments and changes in lifestyle because of the project
and stated that the City should accommodate them in any way possible. Councilmember Awada stated
that the Council should approve all the assessments except for the controversial ones and research
additional information to make a future decision. She further stated that she was interested in
arrangements to defer assessments until the time of development and also that she was interested in
staying out of court. Mayor Egan suggested approving the assessments for all properties other than the
ones on which the City has received written objections and continue the decision on those assessments
for 30 days. Councilmember Blomquist reiterated that the assessments were a tremendous amount to
some and not inexpensive to others. She stated that they all deserved to know that the Council
considers the assessments to the property owners unreasonable. Councilmember Awada stated that she
would not support such a statement. She further stated that the projects do benefit both developers and
residents and that the burden of these projects could not be borne by the taxpayers of Eagan, but should
be paid by those who benefit. She stated that the assessment amounts would be recovered at the time of
development. Councilmember Blomquist stated that the residents were forced to allow their property
to be developed because the assessments are not affordable. Mayor Egan stated that all development
comes from economic pressures and suggested continuation for 60 days on the properties expressing
written objections.
Mayor Egan moved, Councilmember Awada seconded a motion to approve the final assessment
roll for submission and certification to the County, continuing approval of the final assessment for the
properties with expressed written objection until the Regular Council Meeting on October 20, 1998.
Aye:4 Nay: 1 (Blomquist opposes)
..... ..........................
OLD BUSINESS
.............................
....................................
CONTRACT 98-22, RECEIVE BIDS/AWARD CONTRACT, JUBILATION ADDITION
(TRUNK UTILITIES)
City Administrator Hedges provided an overview on this item. Director of Public Works
Colbert stated that the developer has requested the City to reject the bids and look at other design
options to reduce the cost.
Councilmember Awada moved, Councilmember Masin seconded a motion to reject the bids for
Contract 98-22 (Jubilation Addition - Trunk Utilities) and direct staff to revise the plans for rebidding at
a future date. Aye: 5 Nay: 0
'W `BUSINESS
PRELIMINARY SUBDIVISION - SEMPER DEVELOPMENT LTD.
(LEXINGTON POINTE THIRTEENTH ADDITION)
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Mr. Don Johnson of 1025 Diffley Road was present and addressed the Council. He stated that
he objects to the proposed development because it is incompatible with the adjacent uses, including the
church to the north. He stated concern that there had been efforts to accommodate the neighbors to the
south of the development, but that his property to the north had not been considered. He suggested
relocating the signage to the west to incur as little impact as possible to the northern and southern
neighbors.
Minutes of the Regular City Council Meeting August 18, 1998 page 11 0033
Ms. Karyn Entzin of 977 Trillium Court was present and addressed the Council. She stated that
she was present as a representative of the signatures on the submitted petition. Mayor Egan commented
that the suggested uses for Outlot A seemed reasonable. He stated that the consideration of the land
uses of Outlot A is not specifically up for consideration at this time and asked Senior Planner Ridley for
clarification. Senior Ridley stated that the Council had the authority to address all components of the
subdivision up for consideration and could certainly address any safety issues or landscaping issues
pertaining to the future development of Outlot A. Mayor Egan stated that the Council should impose
reasonable regulations at this time on the property to establish the standard for developing the area in
the future. He further stated that the City should provide the neighbors with a reasonable expectation
about the future of Outlot A. Ms. Entzon stated that the neighbors have been very pleased with how the
Semper Development has progressed and that the neighbors recommend that the amendments
recommended by the Advisory Planning Commission be approved, particularly with regards to safety
issues. She requested that the vacated area of Outlot A remain as it is and keep a strong separation from
R-I residential and Commercial properties. Councilmember Blomquist inquired about the plans for
Outlot A and asked if there would be any trucks coming through that area. Senior Planner Ridley
responded that the intention is that the service delivery road would be removed entirely, but that there
may be service delivery through the back of future developments, but the traffic will not be directed
there exclusively as had previously been planned. Councilmember Blomquist stated the safety issues
pertaining to truck delivery through the neighborhood and commented on the headlights shining in
resident's homes late at night. She further stated that this would be included in the Comprehensive
Guide Plan. Senior Planner Ridley stated that the subcommittee reaffirmed their previous decision to
change the land use from commercial planned development to retail commercial. He stated that the
zoning would remain PD and the existing planned development would stay in effect. Councilmember
Awada complimented Senior Planner Ridley on a job well done. Councilmember Masin stated that she
was glad staff and the neighbors had been working together. She further stated that the Walgreen's
didn't seem like much of an improvement after the continual problems the City has had with this
location. Councilmember Blomquist stated that she would like to see staff work on the entire area
around Lexington-Diffley with safety and separation of land uses in mind.
Mr. John Kohler, the architect who designed the Walgreen's, was present and addressed the
Council. He stated that they would like to set the standard for future landscaping in the area and make
the City's job a bit easier when the next development arises.
Mr. Chris Daniels of 4225 Daniel Drive was present and addressed the Council. He stated that
he has requested the land be designated for Light Business and asked how they could move forward
with that request. City Administrator Hedges commented that this area would be targeted in the
Comprehensive Guide Plan Update process. Senior Planner Ridley stated that the current land
designation is planned development and that the subcommittee recommended that the land use change
to Retail/Commercial, which is not a significant change. Mayor Egan asked how the change would
affect the density of future planned developments. Councilmember Blomquist stated that maybe they
should consider blending lower-density uses into the area. She further stated that the Walgreen's
facility would be a heavy use and adjacent light-use facilities would complement the neighborhood.
Senior Planner Ridley commented that general office use is permitted according to the current zoning.
City Administrator Hedges suggested that staff prepare a memo stating when the PD was originally
agreed upon, when it expires and the potential remedies to the neighbors' concerns.
Councilmember Awada moved, Councilmember Wachter seconded a motion to contact the
developer about the Planned Development to discuss a renegotiated Planned Development for the entire
area. Aye:5 Nay:0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
applicant's request for a Preliminary Subdivision (Lexington Pointe 13th Addition) consisting of one 2.5
acre lot and a 10.8 acre outlot currently platted as Outlot A Lexington Pointe 8th Addition located in the
northwest 1/4 of Section 26, subject to the following conditions:
The Developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3,1993:
Minutes of the Regular City Council Meeting August 18, 1998 page 12
B1, B3, B4, Cl, C2, C4, Dl, and El
2. The property shall be platted.
The development meet water quality mitigation requirements through payment of a
cash dedication.
4. The easement along the south edge of Outlot A shall be vacated at the time of Council
action on the Final Subdivision.
5. Existing drainage and utility easements on the site over public utilities shall be
maintained by this development.
00314
6. The Developer shall obtain all necessary Dakota County permits for the proposed access
and utility work within Diffley Road and Lexington Avenue rights-of-way prior to final
subdivision approval.
7. A private access easement shall be established over the "frontage road" to be
constructed within Outlot A. The easement document shall be submitted for review
and approval by the City Attorney.
8. This proposal shall be subject to a cash parks dedication and a cash trails dedication.
9. A barricade shall be placed at the southern edge of the easterly access to Outlot A from
Diffley Road.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awadas seconded a motion to approve a
Final Planned Development to allow the construction of a 13,905 square foot Walgreens Drug Store
(with drive-up window) upon proposed Lot 1, Block 1 Lexington Pointe 13th Addition subject to the
following conditions:
1. The City shall approve the Lexington Pointe Thirteenth Addition Final Subdivision.
2. Pavement directional signage shall be provided to delineate the drive-through lanes and
intended traffic routes.
3. The curb barrier proximate to the southeast corner of the drug store shall be extended
approximately 20 feet to the east to improve visibility for exiting drive-through patrons.
4. Off-street parking stalls shall be increased from nine to ten feet in width.
5. The site plan shall be modified to illustrate proposed light standard locations.
6. The submitted building elevations shall be revised to accurately specify a building
height of 29 feet.
7. The berm to be installed along the Walgreen's site shall be planted with wildflowers.
8. Building signs shall be limited to the north and west sides of the building.
9. The pylon sign for the property shall be at an elevation lower than the building.
10. The lighting shall be restricted to .5 CF along the edge of the Walgreen's site.
11. Planting shall be placed in the parking islands located on the Walgreen's site.
Minutes of the Regular City Council Meeting August 18, 1998 page 13
Aye: 5 Nay: 0
REZONING - JAMES S. NOREEN
PRELIMINARY SUBDIVISION& VARIANCE (NOREEN ADDITION)
City Administrator Hedges provided an overview on this item. He stated that the Advisory
Planning Commission recommended approval of the project. Senior Planner Ridley gave a staff report.
He noted that the applicant was opposed to the assessments against his property.
Mr. James Noreen was present and addressed the Council. He stated that the staff did a great
job with his request and he has enjoyed working with them. He expressed concern about the financial
obligations incurred by this subdivision. He stated that when they purchased the property they were
told there were no pending or outstanding assessments. He stated that there should be no charge to his
Lot #2 because that contains his current home and there would be no increased usage for which to be
assessed. He further stated that there should be no road assessments to his Lot #3 because it does not
benefit from the improvements. He contested the $16,000 connection charge for the storm sewer.
Mayor Egan stated that the City has no obligation to prove benefit with the connection charges because
those charges are within its jurisdiction. Mr. Noreen directed the Council's attention to his claim that
there would be no increased use. Director of Public Works Colbert stated that undue emphasis was
being placed on the word "increased." He further stated that the assessment could be deferred until the
time that the land is developed to a higher-intensity use. Councilmember Awada stated that everyone
pays the charges to be connected to the City system and the connection charge is a consequence of
choosing to become part of the developed portion of Eagan. Mr. Noreen accused the Council of trying
to collect from him what they were unable to collect from the previous owner. Councilmember Awada
stated that everyone pays for their improvement projects and for the benefits to their properties and this
subdivision would benefit Mr. Noreen with two additional lots. Councilmember Wachter stated that
everyone has costs, including developers and cities both, and that developers are typically able to
reclaim the amount of the assessment at the time of sale. Mayor Egan stated that he saw no reason in
this case to deviate from the policy because the assessment to Mr. Noreen's property is reasonable.
Councilmember Masin asked if the City's fees were intended as revenue sources. Councilmember
Awada responded that the fees pay for the installation of the systems and are not revenue sources. Mr.
Noreen questioned whether the Council had issued an area change in similar situations. The Council
was unaware of such a situation.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Rezoning of approximately 6.4 acres from A (Agricultural) to R-1 (Single Family) located north of Cliff
Road and east of Lexington Avenue, in the SW 1/4 of Section 26. Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Preliminary Subdivision entitled the "Noreen Addition" located north of Cliff Road and east of
Lexington Avenue, in the SW 1/4 of Section 26 subject to the following conditions:
The Developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3,1993:
B1, B2, B3, B4, C1 and El
2. The property shall be platted.
3. The proposed private driveway easement shall be expanded to include a 100 foot wide
turnaround at its northern terminus.
4. A minimum building setback of 55 feet shall be maintained from the shared lot line of
Las; 1 and 3.
5. The applicant shall consider the placement of homes in locations that are conducive to
future resuhdivision of the property.
00315
Minutes of the Regular City Council Meeting August 18, 1998 page 14 00316
6. The applicant shall demonstrate to the satisfaction of the City that the property's
existing sewage treatment system complies with the applicable standards of Chapter
7080.
7. A "clear zone" of not less than 20 feet in width and thirteen feet and six inches in height
shall be provided upon the subdivision's private driveway for emergency vehicle
access. Conformance with this requirement and notification to future property owners
shall be assured through the execution of a document which shall be recorded against
the property.
8. The development meet its water quality requirements through payment of a cash
dedication in lieu of on-site ponding. The amount of the cash dedication shall be based
on the area and development intensity of the two new lots that will be created.
9. Filling or draining of wetlands on the site shall be prohibited.
10. A variance to the minimum lot requirements within the shoreland overlay district of
Holland Lake be granted for Lot 3.
11. Private ingress/egress easement documents for the shared driveway access to Lots 1, 2
and 3 shall be submitted for review and approval by the City Attorney's office prior to
Council action on the Final Subdivision. The Developer shall record the private
ingress/egress easement with the plat.
12. This proposal shall be subject to a cash parks dedication and cash trails dedication.
Aye: 5 Nay: 0
ORDINANCE AMENDMENT, CHAPTER SIX - PAWNBROKER REGULATIONS
City Administrator Hedges provided an overview on this item. He stated that this ordinance
would require the use of an Automated Pawn System that would increase the Police department's
ability to track for stolen goods.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve an
ordinance amendment to Chapter Six of the City Code regarding pawnbroker licensing. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
PROPERTY ACQUISITION PROPOSAL REQUEST
City Administrator Hedges gave an overview on the item. He informed the Council that Mr.
Grant's request had gone before the APrC the previous evening and that both Mr. Don Grant and Mr.
Lee Markell of the Parks Commission were present.
Mr. Don Grant of 1275 Towerview Road was present and addressed the Council. He presented
pictures of his property to the Council and detailed the key components of his property. He stated that
the City's acquisition of his property would give the City an easement to the lake.
Mr. Lee Markell of the Advisory Parks Commission was present and addressed the Council. He
stated that the opportunity to acquire lakefront property is rare and that the acquisition of this property
would nearly triple the amount of lakeshore on LeMay Lake in Moonshine Park. He further stated that
the fishing station was expected to do well. He outlined several options for increased uses of the park if
the City chose to acquire Mr. Grant's property. He stated that it has been a continued goal of the Parks
Commission to acquire additional lakefront property and that the transaction could be comfortably
made within their available funds.
Minutes of the Regular City Council Meeting August 18, 1998 page 15 00317
Councilmember Masin moved, Councilmember Awada seconded a motion to authorize City
Attorney Sheldon to proceed with the acquisition of Mr. Don Grant's property at 1275 Towerview Road.
Aye: 5 Nay: 0
.................................................................
VISITORS Tf3 BE`REAR
Mr. Rod Smith approached the Council to express support for their efforts in the storm clean-
up. He thanked the Police Department for their presence in the neighborhoods and for their prompt
response in a recent family emergency. He applauded the Council for their actions regarding street
repairs, service delivery and the upcoming contest naming the Aquatic Facility.
Ms. Sue Hegarty was recognized by the Council for her service as a local journalist in Eagan.
She addressed the Council and informed them of her new role with the Eagan Convention and Visitors
Bureau.
........................................
Rt3 `TAII'~E
.................................
....................................
Senior Planner Ridley informed the Council on the status of the service station signage issues.
City Administrator Hedges stated that the City is taking applications for the Assistant City
Administrator position until Friday, August 21, 1998. He stated that the process of hiring for this
position takes time because it is being advertised on the national level and some publications only come
out on a monthly basis. He informed the Council of the Comprehensive Work Program that they will
receive with the next packet and explained the need for a tracking system to stay abreast of the
numerous developing City projects. He asked the Council for direction about his own performance
review and if it should go to the personnel committee; the Council responded that the personnel
committee would be appropriate. He informed the Council of the conclusion of Intern to the City
Administrator Hertel's position at Eagan on August 28, 1998. He asked the Council to decide if they
wished to hold a Special Council Meeting on September 1, 1998.
Councilmember Awada moved, Councilmember Masin seconded a motion to schedule a Special
Council meeting for 5:00 p.m. on September 1, 1998. Aye: 5 Nay: 0
Councilmember Wachter stated that Highway 35E South has a new logo sign from the Highway
Department and that it looks great. He stated that the Historical Society is interested in installing a new
sign at the Old Town Hall that will be visible from both the north and south. He stated that the Ice
Arena is proceeding very quickly, still ahead of schedule. He stated that Eagan's 25th birthday
celebration would begin on January 1, 1999.
Councilmember Awada stated that she would not be present during the week of Labor Day.
Councilmember Masin inquired about the process for reviewing the performance of the City
Administrator. City Administrator Hedges responded that the reviews by the Council go to the
personnel committee and then to the full Council. Councilmember Masin stated that a more appropriate
process would be to have the reviews go to the Council as a whole before the personnel committee.
CHECK RESISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated August 13, 1998 in the amount of $3,876,353.06 Aye: 5 Nay: 0
ADJOURNMENT
The meeting adjourned at 11:30 p.m.
AH
00318
Minutes of the Regular City Council Meeting August 18, 1998 page 16
Date 1? City Clerk
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of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
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orientation, marital status or status with regard to public assistance.
EXHIBIT A
Democrat
LIST OF ELECTION JUDGES FOR PRIMARY
For City Council approval August 18,1998
Republican
Ann Roach
Darlene Bahr
Independent
Larane Molitor
Andrew Sirotiak
Kelly Glover
Bonnie Engen
Don Leean
Patti Good
Barbara & Wm Hodapp
Pauline Novack
Mona Jadoonath
Roger & Ellen Fredlund
Ruth Munson
00319