05/07/1985 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 7, 1985
A regular meeting of the Eagan City Council was held on Tuesday, May 7,
1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea
Blomquist and Councilmembers Smith, Egan, Wachter and Thomas. Also present
were Consulting Engineer Mark Hansen, City Administrator Hedges, Assistant
City Engineer Hefti, City Planner Runkle, and City Attorney Hauge.
AGENDA
Upon motion by Egan, seconded Wachter, it was resolved that the agenda as
distributed be approved with the addition of the following applications for
final plat approval: Haeg 1st Addition, Park Cliff 3rd Addition, Sun Cliff
4th Addition, Sun Cliff 5th Addition and Lone Oak, and further the vacation of
drainage and utility easements for Thomas Lake Heights 2nd Addition. All
voted in favor.
MINUTES
Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of
the April 16, 1985 regular meeting be approved with the exception on page 5,
regarding Town Center 70 & 100, Project #429, it was noted there was no
further progress made regarding the O'Neil pond easement acquisition. All
members voted yea.
SPECIAL MEETING MINUTES
Egan moved, Thomas seconded the motion to approve the minutes of the
special meetings of the City Council of April 9, 23 and 30, 1985. All members
voted yes.
PARK 6 RECREATION DEPARTMENT - SCHWANZ LAKE PARK
A report from the Park and Recreation Department concerning the name for
the Schwanz Lake park area was discussed and several alternates were reviewed.
The Park Department recommended the park name be Trapp Farm Park and the lake
be called Schwanz Lake. Councilman Smith indicated that the City policy has
been, for a number of years, that no park would be named after a family unless
the family name had existed in the City for at least 100 years. Wachter
moved, Egan seconded the motion to continue consideration of the name until
the staff researches the park name policy issue and reports to the Council.
All members voted yes.
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Council Minutes
May 7, 1985
PUBLIC WORKS DEPARTMENT
1. Cliff Road & Lakewood Hills - Street Light. A request had been
received earlier by the property owners in the area of Lakewood Hills for a
street light at the intersection of Lakewood Hills and Cliff Road. The City
authorized the installation of a street light resulting in two property owners
at the corner, Ronald Pavlak and Larry Guthrie, objecting to the light in that
location, their homes being close to that intersection. Tom Hedges explained
the objections and Larry Guthrie, one of the owners, was present. Another
petition was received from virtually all other property owners in the Lakewood
Hills Addition favoring the street light and it was noted by Chief Berthe that
the location was a priority for a street light because of safety reasons.
Smith moved, Blomquist seconded the motion to direct the staff to investigate
the possible installation of a hood over the lamp and the staff review the
affect of such a revision in the street light eight weeks following the
installation and report back to the Council. All members voted affirmatively.
2. Oak Chase 2nd Addition - Pond. Residents of Lots 4, 5, and 6, Block
2, Oak Chase 2nd Addition requested relief from the ponding occurring in their
back yards, resulting from seepage through a hillside from Pond LP-55. In the
meantime, the property owners are requesting the City temporarily pump the
pond. After discussion, Blomquist moved, Egan seconded the motion that a
feasibility report for the storm sewer installation in that location be
prepared as quickly as possible, noting the problem has existed for several
years, and further that the water be pumped down as a temporary measure with
the property owner being reimbursed for electrical cost, noting the long-term
solution is for storm sewer installation. All members voted in favor.
CONSENT AGENDA
The following consent agenda items were submitted to the Council and
recommended for approval:
1. Personnel Items - Part Time Dispatcher. Police Chief Berthe
recommended that Barbara K. Thompson be hired in the part-time position of
Dispatcher in the Police Department.
2. Contractors Licenses. A schedule of Contractor's licenses including
general contractors, homeowner contractors, heating and ventilating, plumbing,
masonry, swimming pool and water softener contractors applications were
submitted and recommended that they be approved.
3. Eagan Woods Office Park - Sanitary Sewer Connection. A request had
been received by the Engineer from the developer of Eagan Woods Office Park
for sanitary sewer service to the Eagan Woods Office Park requiring connection
to an existing 21 inch trunk sanitary sewer owned by the Metro Waste Control
Commission. Staff recommended approval of a Resolution from the Council
authorizing the connection.
4. Proclamation of National Small Business Week. A Proclamation from the
President of the United States recommending May 5 through May 12, 1985 be
designated as National Small Business Week, was recommended for approval by
the staff.
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May 7, 1985
5. Proclamation of City of Eagan Spring Cleanup Week. It was recommended
that the City Council officially proclaim the week of May 19 through May 25,
1985 as official Spring Cleanup Week for the City of Eagan.
6. HRA Multi-Family Pool Program - Resolution - Blackhawk Apartment
Project. The City Council recently authorized the Blackhawk Apartment Project
to secure final placement of multi-family mortgage revenue bonds through the
pool program with the Dakota County HRA. Two technical requirements are
necessary, including an amendment to Ordinance No. 103, adding multi-family
housing language to that Ordinance, and the adoption of a Resolution approving
participation in the Dakota County HRA Multi-Family Pool Program, making
reference to Ordinance No. 103. It was recommended that the Council authorize
the addition to the Ordinance and the adoption of the Resolution.
R 85-22
7. Oakwood Heights - Utility Improvements - Project #82-E. It was
recommended that the City accept the utility improvements within Oakwood
Heights Addition performed under private contract under City Project #82-E for
perpetual maintenance.
8. Brittany 4th Addition - Utility & Street Improvements - Project #82-G.
All construction is complete and required tests and inspections have been
conducted regarding utility and street improvements under Project #82-G for
Brittany 4th Addition. It was recommended they be approved.
9. Whispering Woods Addition - Excavation Permit. An application had
been received from Hilla Construction Co. for excavation permit for proposed
Whispering Woods Addition located south of James Street and east of Slaters
Road. Staff recommended approval, subject to compliance with City
requirements.
10. Pine Ridge Drive - Street Reconstruction - Project #414. The staff
has received a Petition for the street reconstruction of Pine Ridge Drive and
it has been signed by 10 of 11 affected property owners along the road. Staff
recommended the Council authorize the preparation of a feasibility report for
Pine Ridge Drive street reconstruction Project #414.
11. Oakwood Addition - Project #445 - Streets and Utilities. A Petition
had been received from the developers of the proposed Oakwood Addition for
street and utility improvements under Project #445 and it was recommended the
petition be received and the feasibility report be authorized.
12. Eagandale Office Center - Project #446 - Streets and Utilities. A
Petition had been received from the developer of Eagandale Office Center
located between Pilot Knob Road, Corporate Center Drive and Avalon Avenue for
the installation of street and utility improvements, and it was recommended by
the staff that the Council receive the Petition and that it authorize the
Consulting Engineer to prepare the feasibility report for Project #446.
Egan moved, Wachter seconded the motion to approve the foregoing consent
agenda items and authorize that they be implemented by the staff. All members
voted yes.
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May 7, 1985 y7
LEXINGTON SQUARE 2ND ADDITION - PROJECT #433 - PUBLIC HEARING
Mayor Bea Blomquist convened the public hearing regarding Project #433
consisting of Lexington Square 2nd Addition trunk storm and sanitary sewer
improvements. Rich Hefti introduced the subject and Mark Hansen of the
Bonestroo, Rosene, Anderlik & Assoc. consulting engineering firm described the
project. He discussed the need for an easement and also the projected
assessments, together with the deficit assessments expected. Charles Hall
appeared and indicated that $109,000.00 in proposed assessment area is green
acre property covering Parcel 010-01. In addition, there is a deficit of
about $286,000.00 projected. It was also noted that a portion of the land
that is proposed to be assessed would not be served for an extended period of
time because of terrain.
Tom Meisinger, a property owner of a 40 acre parcel north of Wescott Road,
appeared and had certain questions. It was noted that sanitary sewer could be
served to that parcel and also that water improvements could also be
installed. There was discussion concerning the potential scaling back of the
project in the Lexington Square Addition area to provide for extension of
sanitary sewer to Wescott Road, but not extended to Northview Park Road.
Councilman Smith suggested submitting requests for bid alternates. Councilman
Smith then moved to close the hearing, to order in the project and to
authorize the preparation of plans and specifications which would provide for
alternate bids, including the area to be covered within the project and also
the extension of sanitary sewer only, to Wescott Road and not to Northview
Park Road. All Councilmembers voted yes.
EAGAN WOODS ADDITION - PROJECT #435
The next hearing convened by the Mayor consisted of street and utility
improvements under Project #435 for Eagan Woods Addition. Mr. Hefti and Mr.
Hansen reviewed the project and there were no objections to it. After
detailing the project, Wachter moved, Egan seconded the motion to close the
hearing, to approve the project, to order it in and to authorize the
preparation of the applicable plans and specifications. There were questions
about the water line through the property and also storm sewer construction.
All members voted yes.
WINDTREE 4TH ADDITION - PROJECT #437
The hearing regarding Project #437 consisting of street and utility
improvements for Windtree 4th Addition was next brought before the Council.
The Mayor convened the hearing and Mark Hansen explained the project to the
Councilmembers. There were no objections and no appearances. Smith moved,
Thomas seconded the motion to close the hearing and to continue action on the
project until the next regular meeting of the City Council on May 21, 1985.
All members voted in favor.
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May 7, 1985
LEXINGTON PLACE SOUTH - PROJECT #438
The next public hearing convened by Mayor Bea Blomquist concerned Project
#438 regarding street improvements for Lexington Place South. Mark Hansen
reviewed the preliminary report prepared by the Bonestroo, Rosene, Anderlik &
Assoc. office and Jim Nervig of Orrin Thompson Homes was present. There were
no objections and after review, Egan moved, Wachter seconded the motion to
close the hearing and order in the project and authorize the preparation of
plans and specifications. All members voted in favor.
Egan then moved, Wachter seconded the motion to approve the plans and
specifications as presented by the consulting engineer, to authorize the
advertisement for bids for an opening to be held at 10:30 a.m. on Thursday,
May 30, 1985 at the Eagan Municipal Center. All councilmembers voted
affirmatively.
WESTBURY 3rd ADDITION - PROJECT #441
The hearing regarding the utility improvements under Project #441 for
Westbury 3rd Addition was then convened. There was no appearance on behalf of
the Petitioner and upon motion by Smith, seconded Egan, it was resolved that
the hearing be continued until the next regular meeting of May 21, 1985,
because there was no appearance by the representative of the petitioner. All
members voted yea.
LaFONDA RESTAURANT - ON-SALE LIQUOR LICENSE HEARING
Mayor Blomquist then convened the public hearing regarding the proposed
rescission of the on-sale liquor license for LaFonda Restaurant on Highway
#13. It was noted that at the City Council meeting held on March 19, 1985 the
manager's liquor license that was issued to Mike McDonald was considered for
suspension or revocation at the recommendation of the Eagan Police Department.
The City Council then scheduled a hearing for May 7, 1985 on the revocation of
the license, noting that there was no authorized manager required under the
Eagan Liquor License Ordinance. Mr. Hedges stated that since the last
meeting, an application has been submitted by James Geogleris as the liquor
manager for LaFonda De Acebo Restaurant and the police department has
recommended approval. After discussion and upon motion by Egan, seconded
Smith, it was resolved that the application of James Geogleris for manager's
license for LaFonda Restaurant be and it hereby is approved. All voted yea.
Then Eagan moved, Wachter seconded the motion to close the hearing
regarding the revocation of the on-sale liquor license and to rescind the
license for Michael McDonald as manager. All voted yea.
NAEGELE COMPANY - CONDITIONAL USE PERMIT
EAGANDALE INDUSTRIAL PARK
An application had been submitted by Naegele Company for conditional use
permit for advertising sign to be located on Lot 14, Block 1, Eagandale
Industrial Park. A public hearing was held, and the Advisory Planning
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May 7, 1985
-Commission at its January 24, 1985 meeting recommended denial of the
application due to the fact that there is a business sign located on the lot
and because of opposition by the Opus Corporation. The application had been
continued by the City Council and Mr. Runkle explained the proposal. He noted
the height of the sign, the sign exceeded the maximum allowable square footage
for an advertising sign, according to the Eagan Ordinance, it would be the
first sign to be proposed on an existing platted lot and also noted that there
is an existing building on the lot, together with an existing building sign.
After discussion, Wachter moved, Egan seconded the motion to deny the
application based upon the following reasons:
1. The Advisory Planning Commission at its regular meeting on January 24,
1985 recommended denial of the application based upon reasons provided in its
minutes.
2. A business sign is presently located on the lot which is a platted
parcel, in violation of City Code, Chapter 4.20, Subd. 4A.
3. The neighboring property owner, namely Opus Corporation, has indicated
its opposition to the approval of the application for advertising sign permit.
4. The proposed sign exceeds the size limit provided under Eagan Code
Section 4.20, Subd. 4C, namely 250 square feet in area, and further the
terrain, safety factors and other conditions do not warrant the approval of an
advertising sign in excess of 250 square feet.
5. There is an existing building on the platted lot and to authorize an
advertising sign on a platted lot with a building on it would be setting a
precedent in the City.
Circi Thompson of Naegele Company appeared on behalf of the applicant and
noted that the Vendmark sign is a business sign. She spoke in favor of the
application and Councilmembers were concerned about the potential for
excessive signs along the freeways in the City. All Councilmembers voted
affirmatively.
EAGAN CENTER 1ST ADDITION - PRELIMINARY PLAT
The application of James Curry for preliminary plat approval of the Eagan
Center 1st Addition located at the southeast quadrant of Diffley Road and
Lexington Avenue was next considered by the Council. The proposal covers 12
acres with a 20,000 square foot retail building projected for the property.
The Advisory Planning Commission at its regular meeting held on March 28, 1985
reviewed the application and recommended approval, subject to certain
conditions. Dale Runkle detailed the application to the Council, noting that
the parcel is a part of a 169 acre commercial area. He reviewed the history
of the property, including the zoning and land use and Jim Curry and Mark
Ravich appeared for the applicant. Councilman Wachter asked why the developer
proposed the building face west rather than east into the future development.
Mr. Curry stated that the developer had requested the first stage to face in a
westerly direction. Wayne Bishop, the architect, was present and there were
no objections. Smith moved, Thomas seconded the motion to approve the
application, subject to the following conditions:
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May 7, 1985
1. The name "Lexington Plaza" shall be used for the first phase.
2. Eagan Center Drive, Daniel Drive and Patrick Road shall be named on
the plat.
3. The plat shall be subject to approval by the Dakota County Plat
Committee, including the proposed traffic island and right-turn restriction on
the proposed northerly access to the shopping center (Lot 1, Block 1).
4. The site plan for the proposed shopping center shall be revised to
meet minimum requirements and good design, namely:
A. 133 parking stalls shall be required where 120 are shown.
B. Back-to-back stalls should be 64 feet.
5. The Lexington South Planned Development Agreement shall be amended and
subject to review by the Eagan Planning Commission. Said Agreement, at a
minimum, shall include:
A. A revised bicycle/pedestrian circulation plan, providing for
sidewalks or a pathway along Diffley Road, Lexington Avenue South and both
sides of all internal streets except for one side along Daniel Drive and
Wescott Hills Drive.
B. A commitment of architectural review by the Planning Commission
of all CSC development as required by the zoning ordinance.
C. A revised concept/land use plan approved in August, 1984, for the
Eagan Center commercial area showing Lot "F" as LB only.
D. A reservation about the future construction of Wescott Hills
Drive leading south of the Egan Center area.
E. A commitment to provide a detailed landscape plan for every
development similar to that provided for Lexington Plaza.
6. A permit shall be required from the Dakota County Highway Department
to connect with the storm sewer within Lexington Avenue and also the necessary
access locations for Patrick Road and the proposed right in/right out
location.
7. Watermain shall be 8-inch in diameter extended from the 8-inch lateral
stubbed across Lexington Avenue.
8. A 65-foot half right-of-way shall be dedicated for Lexington Avenue and
Diffley Road.
9. An 80-foot right-of-way shall be dedicated for Patrick Road.
10. This development shall be responsible for trunk area water and sewer
assessments along with lateral benefit from Trunk watermain assessments at the
rates in effect at the time of final platting.
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May 7, 1985 P
11. All costs associated with this development shall be the sole
responsibility of this development.
12. This development shall be responsible for construction of an 8-foot
bituminous trailway along Lexington Avenue from Patrick Road to the north line
of Lot 1.
13. There shall be no parking at the rear of the building.
All councilmembers voted affirmatively.
SEE PLAT FILE
THOMAS LAKE PLACE - PRELIMINARY PLAT
The application of Dominium Group for preliminary plat approval of Thomas
Lake Place to provide for 228 apartment units on 17.5 acres next came before
the Council. Mr. Hedges introduced the application and reviewed in some
detail the background, beginning in July of 1984 when the application was
first brought to the City. A number of revisions have taken place in the
proposed layout and because of revisions, it was determined that the
application be reviewed again by the Advisory Planning Commission at its
meeting held in February 1985, and again considered by the APC at its April
23, 1985 meeting. The Advisory Planning Commission recommended denial for
reasons provided in its minutes.
Mr. Hedges stated that there had been some question regarding the
underlying zoning and through research by the City Administrative Intern,
copies of material relating to the history of the planned development were
submitted to the Planning Commission members. A report from Greg Ingraham
dated April 15, 1985 updating the Thomas Lake Place proposal, including access
road, drainage run-off and zoning was included in the packet materials
distributed to the Council members. Also letters from Pfister Architects,
layouts of the original proposal and current proposal for the development,
were considered by the Councilmembers. It appeared the original application
was submitted in 1972 with the Planned Development Agreement signed in 1977.
Annual approvals of the planned development have been presented on a regular
basis. Also, an Environmental Impact Statement was performed and adopted in
1979.
Dale Runkle, in his presentation, indicated that there had been a
reduction in the number of units from 238 to 228 and the continuance had been
made to acquire additional information, including air quality, run-off,
parking lot layout, and landscaping.
A large number of neighboring property owners were present including Ron
Williams who questioned the length of the planned development agreement and it
was noted it provided for a 15 year term. He asked why he hadn't been noticed
and it appeared that his property is in excess of 350 feet from the subject
parcel.
Glen Dykes was a neighboring owner who submitted a Petition signed by
about 250 residents opposing the project. He further stated the zoning map in
prior years indicated R-1 zoning for the property.
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May 7, 1985 ;~'e- A!a A~',
Also, there was a request for a new Environmental Impact Statement for the
Thomas Lake area and objections that there was loss in value due to the
apartment project, the traffic would be increased and will endanger the
children, pollution could be created, and there was a request for denial or
postponement of the application by the Council.
Jean Parranto was present and asked to review the plan with the three
buildings and the road at the north end, and suggested that that proposal
would be more satisfactory. He also requested reducing the pitch of the roofs
and asked for further information regarding the pathway to the south side of
the parcel along the .lake. There was extensive discussion concerning the
street access, noting the north access would be steeper and also more trees
would be removed. Four buildings as opposed to three buildings were also
discussed and Jack Safar was present and noted there is a 33 acre site with 17
acres being developed and the balance of park and lake area. Upon
questioning, it was noted the buildings are about 45 or 50 feet from the power
line easement, according to the architect for the applicant.
Ed Dunn, the owner of the land, appeared and indicated the land had been
zoned Agricultural prior to the planned development and he covered some of the
history of the parcel. Councilman Egan made the following comments:
1. The map attached to the planned development agreement indicates 144
dwelling units on 16.9 acres.
2. The schematic shows "Park" with handwriting over it proposing
townhouse - apartment.
3. The Comprehensive Guide indicates R-II with 3 to 6 dwelling units per
acre.
4. The Town Board on July 18, 1972 recommended protection for the
Blackhawk Lake area and Mayor Blomquist questioned whether the Thomas Lake
area ought not also to have certain protective steps taken.
John Guidicessi, attorney, appeared representing Dominium Group and made
comments regarding the application. He stated that the drawing attached to
the agreement indicated 12 units per acre. Councilman Wachter explained the
history of the Comprehensive Plan and indicated that he had favored large
single family lots at the time that the parcel was last reviewed.
After extensive discussion and comments by other members of the audience,
Blomquist moved, Egan seconded the motion to deny the application for
preliminary plat approval of Thomas Lake Place for the following reasons:
1. The Comprehensive Guide Plan lists the parcel as Mixed Residential R-
II.
2. The site is hilly and heavily wooded with slopes often over 12% and
the building elevations have been noted as a concern with regard to the view
of the buildings from across the lake.
3. There were concerns over drainage and run-off increase and the
increased danger of pollution to the lake.
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May 7, 1985~F '
4. There are traffic safety issues resulting from increased traffic in
the area.
5. The access road to the site is an issue noting that the preferred
southern location directs traffic along and very close to Thomas Lake.
6. A transient population would be created and apartment buildings may
not fit well with existing single family development in the area.
7. There may be a negative impact on an environmentally sensitive area
including steep slopes and vegetation.
8. There is strong public neighborhood opposition to the project with a
Petition signed by the neighboring property owners was presented.
9. The Advisory Planning Commission recommended denial based upon reasons
included in its minutes.
10. The property as presented in May of 1972 provided for a Park on the
site and in July of 1973, the designation for the site indicated 144 dwelling
units instead of 228 units.
11. The setbacks from the lake, under the concept indicates 125, 187 and
460 feet, whereas the setback in the current plan provides for 95 feet in one
location.
12. The Environmental Impact Statement does not specifically address
Thomas Lake in detail.
13. Further, the Town Board, at the time of original approval, singled
out Blackhawk Lake area within the Blackhawk Park planned development for
specific consideration, but did not specifically designate the Thomas Lake
area specifically, which is equally sensitive environmentally.
Councilman Thomas indicated that if the property were used for R-1
purposes, then most of the trees would be removed and also there would be
greater run-off created. Mr. Guidicessi requested that all members present be
given the right to make presentations. He stated that the proposal is in
conformance with the Blackhawk Park Planned Development Agreement and zoning
ordinance and argued that to deny the application would be a breach of the
planned development agreement. Councilman Smith indicated that the
application was processed between 1972 and 1977 and there were some revisions
and it appeared to be an enforcable Planned Development Agreement. Those in
favor of the application were Blomquist and Egan; those against were Wachter,
Smith and Thomas. The motion was defeated.
Councilman Smith then moved, Thomas seconded the motion to approve the
application, subject to the conditions that were recommended by the
engineering and planning departments. Those in favor were Thomas and Smith;
those against were Egan and Blomquist; Wachter abstained and the motion died.
Jack Safar then made a presentation and noted that the north access site
would create a wider swath of trees and steeper grades with more trees being
removed. He further stated the applicant would commit to depressing the road
on the south so as to lower the visual vehicular activity and also will
heavily plant the low area on the south with coniferous trees to eliminate the
visual impact of the southerly road. 10
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May 7, 1985
Mark Parranto, an owner of a lot south of the parcel, in Lake Park
Addition, stated that alternate No. 2 with the road at the north was more
acceptable and that more blacktop would be created if the southerly route were
utilized. He requested that damage to the lake be mitigated. Councilman
Wachter was concerned about the number of trees that would be removed with the
alternate access. One neighboring owner from Auburn Court objected to the
lack of certainty and inconsistency in the zoning maps. Mayor Blomquist was
also concerned about the zoning issue and the other issues that were raised
during the Council meeting.
After further discussion, Blomquist moved, Egan seconded the motion to
continue the application to the June 4, 1985 meeting and requested the staff
to acquire additional information regarding the unanswered issues including
the following:
1. To determine the number of units that were approved under the Planned
Development Agreement and approved by the Town Board and City Council for the
parcel.
2. Whether the Exhibit providing 144 units is a valid exhibit to the
Planned Development Agreement.
3. Review should be made of the Board Minutes of 1972 concerning
Blackhawk Lake and why Thomas Lake environmental issues were not recommended
to be reviewed.
4. Also why the term "park" on one exhibit and the penciled revision to
townhouse/apartment was included.
5. All minutes and maps should be reviewed and a report be provided for
the Council.
John Guidicessi again made a presentation for the Council and requested
that the motion be defeated. Those in favor of the motion were Egan, Wachter
and Blomquist; those against were Smith and Thomas.
SEE PLAT FILE
CLIFF SQUARE - REZONING
The application of Federal Land Company and Martin Colon to rezone
approximately 20 acres located in the northwest quadrant of Rahn Road and
Cliff Road from A (Agricultural) to Commercial Planned Development was then
considered by the City Council. Dale Runkle explained the application and
noted that it was commenced in January of 1985. The Comprehensive Guide
designates the parcel at R-III, Mixed Residential, with density of 6 to 12
units per acre and the proposal is for LB/NB Commercial District under a
Planned Development. Some revisions to the plan had been submitted to the
Advisory Planning Commission at its April 23, 1985 meeting, at which time the
Advisory Planning Commission voted 3 to 3 on a motion to deny the application.
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Council Minutes
May 7, 1985
Martin and Vernon Colon were present and Martin Colon made a presentation
to the Council. He stated that the applicant had been before the Planning
Commission in January, March and April and that different members of the
Planning Commission were present at the March and April meetings. He also
stated that he personally contacted the two members that were not present at
the April 23, 1985 meeting. He mentioned that Cliff Road now has 13,000 cars
per day and it is expected to have 25,000 cars per day, and further that
commercial zoning is appropriate in light of the commercial zoned areas along
Cliff Road. County officials have reviewed the application according to Mr.
Colon, and have requested the access align with the access on the south side
of Cliff Road to the County facility.
The Park Committee has reviewed the application and he further indicated
that most trees will be preserved. The same type of architectural scheme will
be used including architecture similar to the office building on the north
side of the Cedar Cliff Shopping Center. He further mentioned that the
applicant does not intend to request special revenue bond financing for any
portion of the project.
Councilman Smith stated that there did not appear to be adequate reasons
to increase the amount of commercial zoning in the City particularly in the
general area and noted the Comprehensive Guide Plan provides for residential
use for the parcel. Egan noted that the John Voss report indicated that there
is an excessive amount of commercial zoning in the City and the Cliff Road
area. Two letters from neighboring property owners, consisting of commercial
developers, objecting to the additional commercial zoning were submitted.
Councilman Wachter suggested that it was possibly premature to provide for
additional commercial zoning. Bill Brandt and Loren Spande appeared in
opposition to the application and Mr. Spande indicated he would like
additional input regarding the utilization of the pond along the boundary line
of the Federal Land Company property and Spande property.
Smith moved, Egan seconded the motion to deny the application based upon
the fact that there is excessive commercial zoning within the City of Eagan
indicated by the report prepared by the planning staff and further, there is
excessive commercial zoning in the general area. Steve Darling, a neighboring
owner was present and stated he believed that multi-family apartments may not
be appropriate but office or nursing home use may be a valid use of the
parcel. Those in favor were Egan, Smith, Wachter and Thomas; Blomquist voted
no.
HAMPTON HEIGHTS - PRELIMINARY PLAT
The application of Frontier Midwest for a revision from single-family lots
to proposed townhouses on a 52 acre parcel for proposed Hampton Heights
Addition was next considered by the City Councilmembers. Mr. Hedges reviewed
the action of the Advisory Planning Commission recommending approval of a
revised single family layout and Mayor Blomquist indicated that there had been
no information included in the packet for the City Council to review. Mark
Parranto was present on behalf of the applicant and it was noted that the
reduced copies of the plat had not been submitted by the applicant in a timely
fashion. Wachter moved, Egan seconded the motion to continue the application
to the May 21, 1985 regular meeting in order to allow the Council to review
the proposal. All members voted in favor.
SEE PLAT FILE
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Council Minutes
May 7, 1985
CORPORATE CONSTRUCTION - WAIVER OF PLAT
An application of Corporate Construction for waiver of plat for duplex lot
split on Lot 4, Block 1, Oakwood Heights 2nd Addition came before the Council.
There were no objections and Egan moved, Wachter seconded the motion to
approve the application subject to compliance with all City ordinance
requirements. All members voted affirmatively.
NORTHWESTERN BELL TELEPHONE CO. - SPECIAL PERMITS
An application from Northwestern Bell Telephone Co. for three special
permits for utility buildings located along Highway #13, north of Yankee
Doodle Road, at Pilot Knob Road and Wescott Road, and the water tower site on
Towerview Road, were brought before the Council. Dale Runkle introduced the
application and reviewed the proposals for each of the sites and
representatives for the applicant were present. There was discussion
regarding plantings for the specific parcels and there were no objections.
Egan moved, Thomas seconded the motion to approve the application for the
three permits with the following conditions:
1. Number #1 site at Highway #13 and northeast of Yankee Doodle Road
subject to submission of a detailed landscape plan for approval by the
planning department, showing existing trees to remain, trees to be removed,
and the size, species and location of new plantings.
2. Number #2 located on City property at the Sperry water tower parcel,
south of Towerview Road:
a. A lease agreement shall be entered into by the applicant and the
City prior to any construction.
b. The entire driveway area from Towerview to the utility building
shall be bituminous.
c. The exterior construction shall be brick, similar to the brick
used for the exterior of the Sperry building.
3. Number #3 located on City property south of the Fire Administration
building lot along Pilot Knob Road at Wescott Road, subject to the following
conditions:
a. A detailed landscaping plan shall be prepared showing the size,
species and location of the proposed plantings.
b. The brick exterior shall closely match the color and style of
brick used on the Eagan Municipal Center.
c. A lease agreement shall be entered into by the applicant and the
City prior to any construction.
All Councilmembers voted yes.
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Council Minutes
May 7, 1985
TRI-LAND PROPERTIES - VARIANCE APPLICATIONS
Applications from Tri-Land Properties for two variances including 20 foot
setback variance from Yorktown Place for Lot 2, Block 3, Sunset 4th Addition,
and a 10 foot setback variance from Sunset Drive for Lot 3, Block 4, Sunset
4th Addition, were considered by the Council. The reason for the Yorktown
Place variance in Sunset 4th Addition was that Yorktown Place was not
constructed as originally platted and therefore the right-of-way is platted
which will eventually be vacated. The second request for 10 foot variance is
to avoid construction on a steep slope along the east side of the property.
There was discussion about the exclusion of the bubble for Lot 2, Block 3,
of Sunset 4th Addition on Yorktown Place and it was noted the Council did not
approve the elimination of the bubble. The purpose of the bubble is to meet
the setback requirements and it was noted the staff is opposed to the use of a
bubble for one residence because of maintenance problems. Wachter moved, Egan
seconded the motion to continue the application regarding the Yorktown Place
lot until the next regular meeting to acquire additional information from by
the staff. All members voted yes.
Smith then moved, Thomas seconded the motion to approve the application
for variance for Lot 3, Block 4, Sunset 4th Addition, subject to compliance
with all other City ordinances and regulations. All members voted yea except
Wachter who voted no.
DAKOTA COUNTY HRA - LOW RENT HOUSING PROPOSAL
The Dakota County HRA submitted an application to HUD for a maximum of 15
three-bedroom units of low rent, new construction housing through HUD. Mark
Ulfers, Deputy Executive Director of the Dakota County HRA was present and
stated that the agreement will be essentially the same as the fifteen
scattered site units but would be on one site.
Councilman Smith stated that he was opposed to the proposal, noting that
the scattered site project had been approved by the Council because of its
being spread throughout the City. Mr. Ulfers stated the reason for the
application is that this has been the only type of funding available for the
past three years. Wachter moved, Egan seconded the motion to deny the
application because the proposed clustering of the low rent new construction
was not contemplated by the City Council when the scattered City site program
was first approved. All members voted yes.
R 85-23
BANK SERVICES FOR CITY OF EAGAN
The City Administrator and City Finance Director prepared a request for
proposal to consider banking services for the City in early 1985. Four local
banks responded to the request for proposal and the proposals were based on a
cost per unit and compensating balance basis. The Finance Director
recommended the cost per unit system and the low proposal was from Minnesota
Bank of Eagan, the existing depository. After review by the Administrator,
Smith moved, Thomas seconded the motion to approve Minnesota Bank of Eagan's
proposal based upon a cost per unit basis for a 2 1/2 year period, effective
July 1, 1985 through December 31, 1987. All members voted in favor.
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Council Minutes
May 7, 1985
PUBLIC WORKS GARAGE ADDITION - ARCHITECT
The City Council directed the City Administrator to contact Jack Boarman
and Associates and request a proposal for architectural services to complete a
public works garage addition. Based upon Mr. Boarman's performance on the
Municipal Center building, it was decided that bids not be requested and a
proposal was made by Mr. Boarman based upon an hourly rate not to exceed a 7%
fee. Egan moved, Wachter seconded the motion to resolve that Jack Boarman &
Associates be engaged as the architect for the Eagan Public Works garage
addition with the condition, however, that Mr. Boarman will review the heating
and cooling system in the Municipal Center prior to the entry into the
contract. All members voted yes.
TEMPORARY TRAILERS - MARK & DAWN SIMPSON
An application was received from Mark and Dawn Simpson requesting a
special permit to locate four temporary trailer homes on their property on the
east side of Lexington Avenue and south of Northview Park Road. The purpose
was for seasonal construction workers on a gas main installation project in
the area. Mark and Dawn Simpson appeared and explained the application.
Smith moved, Thomas seconded the motion to approve the application, subject to
the following conditions:
1. No more than four trailers and/or campers may occupy the site at any
one time.
2. The trailers shall be removed by December 1, 1985.
3. The trailers shall be located a minimum of 30 feet from any property
line.
All voted in favor except Blomquist who abstained.
WESCOTT HILLS 4TH ADDITION - MULTI-FAMILY HOUSING REVENUE BONDS
A request has been received from the developer of the Wescott Hills 4th
Addition project requesting that a public hearing be scheduled for the purpose
of issuing $2,100,000.00 in multi-family housing revenue bonds for 35
townhouse units. Smith moved, Wachter seconded the motion to accept the
Petition and schedule a hearing on the issuance of the bonds for June 4, 1985
at 7:00 p.m. at the Eagan Municipal Center. All voted in favor.
EAGANDALE LEMAY LAKE - CONTRACT #85-7
The bids have been received on the Eagandale Lemay Lake street and utility
improvements under Contract #85-7 which were opened on April 30, 1985 at 10:30
a.m. The low bid was that of Lake Area Utility Co. in the sum of $507,384.60.
Egan moved, Thomas seconded the motion to award Contract #85-7 to Lake Area
Utility Co. in the amount mentioned above and to authorize the Mayor and City
Council to execute all related documents. All Councilmembers voted yes.
15
Council Minutes
May 7, 1985
t` I ate .
BIRCH PARK ADDITION - CONTRACT #85-10
The bids have been received covering street and utility improvements under
Contract #85-10 for the Birch Park Addition street and utility improvements.
Rich Hefti explained the proposed improvements and recommended acceptance of
the low bid. Daniel Warner, attorney, appeared on behalf of Mr. and Mrs.
Bernard Fritz and objected to Project #417, indicating that his clients had
not been notified of the hearing on the project, that the proposed assessments
are grossly excessive in relation to benefit and asked that the Council reject
the bids and not award the contract. Teresa Fritz also discussed with the
Council her objections and indicated that she received misinformation from the
City staff. She also questioned whether easements would be necessary along
Deerwood Drive and strongly objected to the assessments.
Councilman Smith was concerned about access to the west parcel, originally
proposed as Pilot Pointe Addition and Don Klober, one of the owners of that
parcel was also present. After discussion, Smith moved, Egan seconded the
motion to reject the bids because of the problems regarding the access to
Pilot Pointe Addition, noting that only the preliminary plat had been approved
for Birch Park, but that both plats had been approved simultaneously and
further, the issues that have arisen regarding the Deerwood Drive project and
assessments. All members voted in favor.
Blomquist then moved, Egan seconded the motion that based upon the fact
that because the Birch Park Addition street access road to the west was
eliminated due to the fact that the developer of the Birch Park Addition had,
at the time of the approval of Birch Park preliminary plat application,
indicated that it would develop the proposed Pilot Pointe Addition with access
directly to Pilot Knob Road, including substantial fill on that site and in
light of the fact that the developer now indicates that it will not proceed
with the development of Pilot Pointe Addition, that the proposed plat for
Birch Park Addition should then be reviewed by the Advisory Planning
Commission and the City Council to determine whether the access from Pilot
Pointe Addition directly west of Pilot Knob Road is feasible or whether any
other access, including easterly through Birch Park Addition should be
provided. All members voted in favor.
ABATEMENTS - DAKOTA COUNTY ASSESSOR'S OFFICE
Three requests for tax abatements were presented by the Dakota County
Assessor's office to the City, including the following:
1. Alan L. Bonin - Market value reduction from $42,900.00 to $34,700.00.
2. Eileen J. Fournier - Reduction in market value from $55,600.00 to
$45,400.00.
3. Joseph J. Speakman - Reduction in market value from $99,600.00 to
$96,100.00.
Upon motion by Smith, seconded Egan, it was resolved that the foregoing
abatements as requested be approved. All voted in favor except Wachter who
voted no as to the Fournier parcel.
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Council Minutes
May 7, 1985
FINAL PLAT APPLICATIONS
1. Haeg 1st Addition. An application was received for final plat
approval for Haeg 1st Addition and it was recommended that it be approved.
R 85-24
2. Park Cliff 3rd Addition. The application of Richard Winkler for final
plat approval of Park Cliff 3rd Addition was submitted and recommended for
approval. R 85-25
3. Sun Cliff 4th and 5th Additions. The application of Advance
Developers for approval of the Sun Cliff 4th and 5th Additions was submitted
and recommended for approval by the staff. Pat Hoffman was present and there
were questions concerning the undersized lots in the Additions. Mr. Hoffman
stated there will be no further variances requested for construction of any of
the residences on any of the lots. R 85-27.1 & R 85-27.2
4. Lone Oak Addition. The application has been received from the
developers of the Lone Oak Addition including the Northwest Airlines property
for final plat approval. It was noted that several requirements have not been
fulfilled at the present time, including planned development agreement,
development agreement, and letter of credit.
Upon motion by Blomquist, seconded Egan, it was resolved that all of the
applications for final plat approval be approved, subject however, to complete
compliance with all necessary City requirements before release of the final
plats. All voted in favor except Wachter who voted no as to the Sun Cliff
4th and 5th Additions because of undersized lots.
R 85-28
THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION
The staff has received a request to vacate a portion of a previously
dedicated blanket drainage and utility easement over two lots of the Thomas
Lake Heights 2nd Addition. Upon motion by Blomquist, seconded Egan, it was
resolved that the petition be received and the hearing be scheduled on May 21,
1985 at 7:00 p.m. at the Municipal Center. All voted yes.
CEDAR GROVE NO. 11 - BRIAR HILL ADDITION
Two owners in Cedar Grove No. 11 Addition appeared objecting to and
stating that the Briar Hill Addition developer has not installed a hedge
between the Cedar Grove 11th Addition and Briar Hill as required by the City.
The staff was requested to review the issue with Tollefson Builders and report
to the Council.
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Council Minutes
May 7, 1985
OAK CHASE 6TH ADDITION
A letter has been received from Mr. Ostertag, the owner of property to the
east of the Oak Chase 6th Addition on Cliff Road, objecting to the storm water
problems and also erosion that has taken place within his property and
adjacent to it. Mayor Blomquist moved and Wachter seconded the motion to
recommend that the Council not accept the street improvements until the water
drainage problem is corrected, and further that building permits not be
granted in the subdivision until the corrective measures have been taken. All
councilmembers voted in favor.
CTC BUSINESS CAMPUS - TECHNOLOGY DRIVE
City Attorney Paul Hauge submitted a proposed Agreement for Right of First
Refusal regarding the Technology Drive right-of-way acquisition between
Anderson Development, Inc. and the City covering the Ronald Cornwell property.
It was recommended that it be approved, although at the present time, there is
no progress on the acquisition of the Technology Drive property. Thomas
moved, Smith seconded the motion to approve the Right of First Refusal
agreement as proposed. All members voted in favor except Mayor Blomquist who
was temporarily absent.
ROBERT O'NEIL PROPERTY - PROJECT #404
The City Attorney submitted a letter reviewing the progress regarding the
acquisition of pond easements on the Robert O'Neil property required under
Eagan Utility Project #404. He stated that meetings have been held with Mr.
O'Neil and his representatives by City staff members and consultants and no
progress has been made at the present time. He therefore recommended the
Council authorize condemnation, but that in the interim the negotiations
continue, noting that an application is expected to be submitted by Mr. O'Neil
to the City for rezoning of the O'Neil property on the north side of Yankee
Doodle Road. Thomas moved, Egan seconded the motion to authorize the City
Attorney to commence condemnation and also to hire an appraiser for the
condemnation, based upon a separate Resolution regarding the condemnation
action. All members voted yes except Blomquist who was temporarily absent.
R 85-26
ADMINISTRATIVE INTERNSHIP
Tom Hedges discussed with the Council a request for increase in
compensation for the Administrator Intern, John Hohenstein, based upon the
responsibilities that Mr. Hohenstein has been given in his position. Thomas
moved, Wachter seconded the motion to approve the request for an increase in
hourly rate to $9.50 an hour and all benefits similar to that provided for the
part-time cable administrator. All Councilmembers voted yes.
UPS & ROYAL OAKS - EAW
Dale Runkle indicated that a request has been made for acceptance of
negative declaration for the EAW for the UPS Addition and Royal Oaks project.
Egan moved, Wachter seconded the motion to approve the recommendation and
authorize its implementation. All voted yes.
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Council Minutes
May 7, 1985
LONE OAK ADDITION - UTILITIES - PROJECT #447
A Petition had been received from Northwest Airlines and Laukka-Beck-Eagan
for feasibility report for utility improvements in the Lone Oak Addition,
including Northwest Airlines project. Wachter moved, Thomas seconded the
motion to receive the Petition and to authorize the consulting engineer to
prepare a feasibility report. All members voted in favor.
CITY COUNCIL SPECIAL MEETING - MAY 14, 1985
Egan moved, Thomas seconded the motion to schedule a special meeting of
the City Council for May 14, 1985 at 7:00 p.m. at the City Municipal Center to
review several City issues, which will include a tour of the Community Action
Council's Robert Lewis House at 6:45 p.m. All voted yes.
WESTBURY - WINDTREE - CONTRACT #85-11
Rich Hefti indicated that an advertisement for bids will be submitted to
the Construction Bulletin with a scheduled opening date for the bids for May
30, 1985 and noted that one of the projects has not been ordered in at the
present time. In order to expedite the time and assuming that the project
will be ordered in by the Council, Smith moved, Thomas seconded the motion to
authorize the Clerk to advertise for bids for Contract #85-11 to be opened on
May 30, 1985 at 10:30 a.m. All members voted in favor.
COUNTY CLUB MARKET - CEDARVALE BLVD. - IMPROVEMENT PROJECT #449
There was discussion by Councilmembers regarding the need for street
improvements at the intersection of Cedarvale Blvd. near the Country Club
Market, noting that the landscaping has not been kept up as representatives of
Country Club Market had indicated. Smith moved, Thomas seconded the motion to
authorize the preparation of a preliminary report for the improvements. All
voted in favor.
CONTRACTOR PERMITS - VOGELPOHL CONSTRUCTION CO.
Noting that there were basement foundation problems covering residences
being constructed by Vogelpohl Construction Co. on McCarthy Road, Blomquist
moved, Egan seconded the motion to withhold the contractor's license for
Vogelpohl Construction Co. until the building inspector has approved the
construction work by the applicant, noting complaints have been received. All
members voted yes.
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Council Minutes
May 7, 1985
AVIATION NOISE SYMPOSIUM
The 15th annual Aviation Noise Symposium being held on July 25 through 27,
1985 in Sparks, Nevada, was discussed by the Councilmembers. After
discussion, Wachter moved, Smith seconded the motion to authorize Mayor
Blomquist and one other person, preferably Councilman Tom Egan, to attend the
Noise Seminar at City expense, because of the severe air noise issues now
prevalent in the City of Eagan. All members voted in favor.
PILOT KNOB ROAD UPGRADING
There was discussion concerning the priorities of Dakota County regarding
upgrading of County Roads within the City and it was suggested that Pilot Knob
Road be a higher priority than the improvement of Lexington Avenue. Wachter
moved, Blomquist seconded the motion to request the County to place the Pilot
Knob Road upgrading on a higher priority basis than that of Lexington Avenue
because of the traffic flow and for safety reasons. All members voted yea.
LILLIAN McCARTHY - PROJECT #3951
It was noted that the City Council had closed the hearing and approved the
final assessments to the Lillian McCarthy property on Lexington Avenue under
Project #3951, but in the event that there was an appeal of the assessments,
that the Council reconsider the levy. No progress has been made in the senior
citizen deferment for Mrs. McCarthy, and therefore the City Attorney
recommended the Council reschedule the public hearing regarding the
assessments and delete the former approval of the assessments. Upon motion by
Egan, seconded Wachter, it was resolved that the Council reschedule a hearing
on the special assessments for July 2, 1985 at 7:00 p.m. at the City Municipal
Center and that the staff be authorized to engage an appraiser to make a
determination of benefits to the property; further, that the staff continue to
negotiate with Mrs. McCarthy for deferment under the senior citizen ordinance
provisions. All members voted yes.
CHECKLIST
Thomas moved, Egan seconded the motion to approve the following checklist
dated May 7,1985 in the amount of $~42,h79_Rfl
All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m.
PHH
Cit Jerk
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