05/21/1985 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 21, 1985
A regular meeting of the Eagan City Council was held on Tuesday, May 21,
1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea
Blomquist and Councilmembers Smith, Egan and Wachter. Councilman Thomas was
excused. Also present were Consulting Engineers Mark Hansen and Bob Rosene,
City Administrator Hedges, Assistant City Engineer Hefti, City Planner Runkle,
and City Attorney Hauge.
City Administrator Tom Hedges announced that because of the School Board
Elections, no official decisions will be made by the City Council until 8:00
p.m. However, informal discussion will take place before that time.
PARK & RECREATION DEPARTMENT
1. Northview Elementary School. Mike Ravich, a fifth grader, and Bob
Ferguson, the Principal at Northview School, appeared on behalf of Northview
Elementary School expressing their thanks to the Park and Recreation Dept. for
the cooperation in installation of playground equipment. Mike Ravich read a
statement on behalf of the students of Northview School.
2. Gang Mower Purchase. Ken Vraa was present and stated that the City
has been offered the right to purchase a Gang mower from School District #191
for the sum of $14,000.00. He stated that a Gang mower was identified as a
capital purchase for 1987 and although the City Park Department does not need
the size mower proposed to be purchased at the present time, that it was a
good value. No action was taken. Councilman Smith suggested that the Council
authorize the purchase and that the funds be included in the 1986 Capital
Budget for the Park and Rec. Department.
PUBLIC WORKS DEPARTMENT
Rich Hefti appeared for the Public Works Department.
SLATERS ACRES EASEMENTS - CONTRACT #85-3
Mr. Hedges and Mr._ Hefti discussed with the Council several alternates
regarding the construction of utility easements in the Slaters Acres area
under Contract #85-3. The alternates included 1) approving the contract and
ordering the condemnation of the two necessary easements that have not been
acquired, 2) proceed only with a part of the contract within James Court and
exclude the parcels where easements have not been acquired, and 3) to drop the
project for the time being.
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Several residents from Slaters Acres area appeared, including Jim Schmidt
with a Petition and indicated that some owners had septic tank problems and
desire to proceed with a part of the project only. He stated that he did not
feel that the City would be able to get all the easements voluntarily. Arch
Hum appeared and recommended the Council abandon the project, redesign it, and
then rebid it.
The Councilmembers stated that a hearing had been held on the project and
there is no change in the policy regarding assessments. Mr. Rosene suggested
it would be logical to carry through with the project and acquire the
necessary easements. No action was taken at that time.
MARTIN SHIELDS PROPERTY - PROJECT #113 - TOWERVIEW ROAD - UTILITIES
Mayor Bea Blomquist convened the public hearing regarding the assessments
on the Martin Shields property along Towerview Road under Project #113. Mr.
Hedges briefly reviewed the history of the assessments, noting that they
originally were proposed to be assessed in 1973 and had been deferred several
times. City Attorney Paul Hauge submitted a letter to the City Council and
recommended that the original assessments be increased by the amount of the
bond interest rate paid for the sale of improvement bonds for the project at
approximately 5%, with a total assessment of about $21,000.00. This would
constitute a reduction of about $4,000.00 from that originally proposed, but
recommended approval based upon both the benefit test and the cost analysis
test. Dan Beeson, attorney, and Martin Shields were present and indicated
that they had agreed with the proposed reduction in assessments and would not
appeal the assessments. No action was taken.
WESTBURY 3RD ADDITION - PROJECT #441
The next public hearing convened by the Mayor concerned Project #441
regarding utility and street improvements in Westbury 3rd Addition. The
hearing had been continued from the May 7, 1985 council meeting because the
developer was not present at that hearing. Mr. Gabbert was present at the May
21, 1985 meeting and stated that the developer favored the project. There
were no objections to the project.
EAGANDALE OFFICE PARK - EASEMENT VACATION
The next public hearing convened by the Mayor concerned the vacation of
the existing utility and drainage easements for Lots 1 through 3, Block 4,
Eagandale Office Park. All notices were published in the legal newspaper and
sent to all potentially affected utility companies. The easements should be
vacated before the filing of the Eagandale Office Park 2nd Addition plat.
There were no objections to the vacation.
THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION
Mayor Blomquist then convened the hearing regarding the vacation of
drainage and utility easements in Thomas Lake Heights 2nd Addition. Mr.
Hedges reviewed the proposed vacation and there were no objections voiced at
the hearing. No action was taken.
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BRITTANY 8TH ADDITION - PROJECT #440
The hearing regarding Project #440 consisting of Brittany 8th Addition for
streets and utility improvements was then opened by Mayor Blomquist. The
Council had authorized the preparation of a feasibility report on March 19,
1985 but the developer now has indicated that it wishes to proceed with the
installation of street and utility improvements under private contract. The
cost of preparing the feasibility report had been guaranteed by the developer
and there-were no objections to the closing of the hearing and the denial of
the project.
SAFARI 2ND ADDITION - PROJECT #439
The hearing concerning Project #439 covering utility and street
improvements in Safari 2nd Addition next was brought to order. There was no
appearance by the developer and there were no objections to the project. The
project was briefly described by Mr. Hefti and no action was taken at that
time.
UPS ADDITION - PROJECT #442
The hearing regarding street and utility improvements for Project #442
within the UPS Addition area was convened by the Mayor. Bob Rosene reviewed
the project for the Councilmembers and those present, and representatives of
United Parcel Service were in the audience. There were no objections and it
was noted that storm sewer is the principal issue in the project. There was
discussion concerning the two alternates, including the use of the pond to the
north or a large storm sewer trunk. In addition, there was discussion
concerning the deficit that was proposed, but it was noted that if UPS builds
the project privately, that there would be a substantial revenue overage of
about $160,000.00. The representatives of UPS indicated the applicant desires
to install most of the improvements privately except for certain storm sewer
lines. There would be a natural storm water overflow to the north to Burr Oak
Pond which would be overground until the land to the north is developed. No
action was taken at that time.
WINDTREE 4TH ADDITION - PROJECT #437 & FINAL PLAT APPROVAL
The Council then reviewed Project #437 consisting of Windtree 4th Addition
street and utility improvements and also the application for final plat
approval of the subdivision. A hearing had been held at the May 7, 1985
regular council meeting and the hearing was closed with action on the project
continued until the May 21 meeting. Darrell Peterson of Jim Hill & Assoc.
was present and requested approval by the Council. There were no objections
and no action taken.
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HAMPTON HEIGHTS - PRELIMINARY PLAT
The application of Frontier Midwest, Inc. for revised preliminary plat
approval of Hampton Heights Addition and for rezoning from A (Agricultural) to
Planned Development and LB (Limited Business) was next heard. Mr. Hedges
explained the action that the Advisory Planning Commission made at its April
23, 1985 meeting, at which' time the Advisory Planning Commission recommended
approval, subject to numerous conditions. Dale Runkle discussed the recent
proposal and it was noted that the Advisory Planning Commission did not have a
report from the staff concerning the most recent revision. A portion of the
Blackhawk Glen area to the south would be included within the plat and the
proposal was for a 50 foot right-of-way for Coachman Road. The Coachman Road
right-of-way and lot sizes are the principal issues for Council consideration.
Councilman Wachter was concerned about the reduced lot sizes and moved that
the Advisory Planning Commission and Council meet to discuss and review the
minimum lot sizes for single family lots, recommending that it be done on a
uniform basis.
Mr. Hedges stated that the issue is being reviewed as a part of the
comprehensive plan update and that there will be a report concerning minimum
lot sizes submitted by the staff within about 30 days. It was noted that
Coachman Road will be more of a local nature type road, according to Dale
Runkle. The Mayor asked about the northerly portion proposed for Limited
Business, and apparently, there had been no discussion at the last Advisory
Planning Commission meeting because there had been no staff report on the
project. Mark Parranto appeared and indicated that the only change at the
last meeting was in the residential planned development area.
Councilman Wachter suggested the proposal be returned to the Advisory
Planning Commission on a formal basis because the Commission members did not
review the staff report. Councilman Smith stated the Advisory Planning
Commission was satisfied with the proposal and recommended approval.
Mayor Blomquist suggested the lot sizes along the southerly border be
consistent with the northerly lots in the proposed subdivision to the south,
and Mr. Parranto stated that revisions to the southerly lot sizes could be
made.
Mr. Parranto indicated that the median lot size is 11,000 square feet and
the average lot size is over 12,000 square feet. There was discussion
concerning the proposed 50 foot Coachman Road right-of-way, and the
engineering staff recommended a 60 foot minimum. Mr. Parranto stated he could
comply with a 60 foot minimum. It was noted that the project had first been
proposed for 195 units and reduced to 157 units, with a 65 foot minimum
frontage. Now the proposal is for 132 single family lots in the proposed
planned development area.
Councilman Egan noted there was a significant reduction from the original
proposal with about 28 units below 10,000 square feet in area. Mayor
Blomquist mentioned that it is not a reduction in density where the land is
already zoned. The land was previously zoned Agricultural.
After considerable discussion, Smith moved, Egan seconded the motion to
approve the application for rezoning to Planned Development, excluding the
northerly parcel which would retain the Agricultural zoning category, with the
following conditions:
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1. That Coachman Road provide for a 60 foot right-of-way.
2. That no commercial zoning be allowed on the northerly parcel at the
present time.
3. A Planned Development Agreement be entered into and the exhibits be
submitted showing the number of lots and also the house plans which will be
allowed for this proposed development.
4. The term of the P.D. shall be no longer than five years.
5. The lots shall be increased in size to a minimum of 10,000 square feet
per lot.
6. A 10-foot front setback blanket variance shall be granted throughout
the development.
7. As much storm water runoff as possible shall be directed into Pond CP-
1.
8. This development shall provide public right-of-way access to parcel
010-05.
9. A 60-foot right-of-way shall be dedicated for Coachman Road, a 55-foot
half right-of-way shall be dedicated for Yankee Doodle Road and a 35-foot half
right-of-way shall be dedicated for the existing Coachman Road.
10. Fifty-foot local access streets right-of-way shall be dedicated.
11. A utility easement shall be dedicated as necessary to provide for
storm sewer from the Royal Oaks development.
12. A ponding easement shall be dedicated to encompass the high water
level (H.W.L.) of Pond CP-1.
13. This development shall be responsible for all assessments deferred
under Project 371.
14. All standard plat conditions shall be adhered to.
Those in favor were Smith and Egan; those against were Wachter and
Blomquist.
Egan then moved to refer the proposal back to the Advisory Planning
Commission and Wachter seconded the motion. Blomquist suggested that the size
of the lots along the southerly line be increased. Councilman Egan then
withdrew the foregoing motion. Blomquist then moved, Egan seconded the motion
to approve the application to rezone subject to the following:
1. The lots that are 8,500 square feet shall be increased in size.
2. That the lots along the southerly line shall be consistent with the
lots in the R-1 area to the south.
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3. The Limited Business zoning shall be removed and the northerly parcel
be retained Agricultural classification.
4. A 60 foot right-of-way for Coachman Road shall be provided.
5. All engineering, staff and Advisory Planning Commission recommenda-
tions shall be imposed on the development.
6. A Planned Development Agreement shall be entered into with the
proposed design being the land use plan approved.
7. The site shall be entirely developed by one developer and a detailed
housing plan shall also be submitted as to what type of home would be
constructed on each of the proposed lots.
8. Either a 50 foot or 60 foot right-of-way shall be dedicated for the
extension of Coachman Road.
9. The plat shall be subject to the Park Commission's review and
recommendation.
10. The models that were originally submitted shall also be attached with
this development, in order that the architectural theme is established for
this development.
Those in favor were Blomquist, Egan and Smith; voting no was Wachter.
Smith then moved, Egan seconded the motion to approve the application for
preliminary plat approval, subject to all City imposed conditions. Those in
favor were Blomquist, Egan and Smith; against was Wachter.
SEE PLAT FILE
AGENDA
Smith moved, Wachter seconded the motion to approve the agenda as
presented. All members voted yes.
MINUTES OF MAY 7, 1985 COUNCIL MEETING
Regarding the minutes of the regular meeting of May 7, 1985, Egan moved,
Wachter seconded the -motion to approve the minutes as distributed. All
members voted yea.
PARK & RECREATION DEPARTMENT - GANG MOWER PURCHASE
Smith moved, Wachter seconded the motion to authorize the purchase of the
Toro Nine Gang Reel Mower from ISD #191 for $14,000.00 or less, through
negotiation with the purchase price to be included in the 1986 Capital
Expenditure Budget, but that the funds be acquired from the 1985 contingency
fund. All members voted yes.
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May 21, 1985
SLATERS ACRES - CONTRACT #85-3
The Council again reviewed the options regarding Slaters Acres Contract
#85-3. Several neighboring owners were still present and discussed with the
Council their desire that only a portion of the project be installed because
of the potential assessment amount. After further discussion, Egan moved,
Smith seconded the motion, noting that there had been general consensus for
the project, that bids were extremely favorable and to approve the low bid of
L & G Rehbein in the amount of $205,019.40 under Contract #85-3, noting that
certain of the residences are in need of municipal sanitary sewer services
because of septic tank problems and that the City Attorney be authorized to
commence condemnation against the Bolstrum and Roth properties under a quick-
take condemnation basis and also to authorize the hiring of an appraiser on
behalf of the City.
Jim Schmidt again appeared and requested that the Council not proceed with
the entire project. Those in favor were Egan, Smith and Blomquist; against
was Wachter.
CONSENT AGENDA
The following consent agenda items were presented to the Council and
recommended by the staff for approval and that the Council authorize their
implementation:
1. Superintendent of Public Works - Resignation. A letter of resignation
was received from Bill Branch, Superintendent of Public Works informing the
Council that he would resign effective August 1, 1985. He began employment
with the City on August 14, 1967. It was recommended that the Council accept
his resignation effective August 1, 1985.
2. Contractor's Licenses. A schedule of contractor's license
applications was submitted with the packet material and it was recommended by
the staff that they be approved.
3. Proclamation of Flag Day. The President of the National League of
Cities and Mayor of Cleveland, George Voinovich, has proposed that cities
throughout the United States observe Flag Day on June 14. The Mayor approved
the Flag Day Proclamation and urged the local media to promote the "Pause for
the Pledge" on Flag Day for June 14, 1985.
4. Cinnamon Ridge - Final Plat Extension. A request from Bryan Weber,
Vice President of Can American Realty Corporation requesting an extension of
the Cinnamon Ridge preliminary plat approval until December 31, 1985 was
recommended to be approved.
5. Watershed Management District - Joint Powers Agreement. Based upon
1982 Minnesota Legislation, the Joint Powers Agreement has now been prepared
covering the Gun Club Lake Watershed District within which 97% of Eagan is
located. The other 3% of Eagan is located within Blackdog Watershed District,
primarily controlled by the City of Burnsville. The Joint Powers Agreement
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was prepared under the direction of the then Public Works Director, Tom
Colbert, on behalf of the City. It was recommended that consideration of the
Joint Powers Agreement for the Gun Club Lake Watershed Management District be
continued.
6. Deep Well Pumping Facility - Change Order #1 - Contract #84-19.
Change Order No. 1 was recommended for approval for the deep well pumping
facility at Well No. 7 with a net addition of $2,338.00, and it was
recommended that the Mayor and City Clerk be authorized to execute all
documents.
7. Project #434 - Technology Drive - Plans & Specifications. The Council
has authorized the preparation of plans and specifications for Project #434
under Contract #85-13 and it was recommended that the plans and specifications
be approved and the Clerk be authorized to advertise for bids for an opening
at 10:30 a.m. on Thursday, June 13, 1985 at the Eagan Municipal Center.
8. S & W Industrial Acres - Final Plat Approval. It was recommended that
the final plat application for S & W Industrial Acres be approved and that the
Mayor and Clerk be authorized to sign all necessary documents.
R 85-29
9. Eagan Woods Office Park - Final Plat Approval. The application for
final plat approval for Eagan Woods Office Park has been received and it was
recommended that the Council approve the application and authorize the
signature of all necessary documents, subject, however, to compliance with all
City requirements.
R 85-30
10. Safari 2nd Addition - Contract #85-16. The plans and specifications
for Contract #85-16 consisting of utility and street improvements in Safari
2nd Addition have now been completed and it was recommended they be approved
and the Clerk be authorized to advertise for bids in the legal newspaper to be
opened at 10:30 a.m. on June 13, 1985 at the City Municipal Center.
11. Williams & LaRue 1st and 2nd Addition - Project #450. A petition had
been received from the owners of Lots 1, 2, 3, and 4 of the Williams and LaRue
Addition for the installation of public utilities. It was recommended that
the Petition be received for Project #450 and that the Council authorize the
preparation of the feasibility report by the consulting engineers.
12. Blue Cross/Blue Shield Parking Lot - Excavation Permit. It was noted
that an application has been received from Blue Cross/Blue Shield for parking
lot expansion for its facility on Highway #13. It was noted also that part of
the grading work has now been completed but it was recommended that Permit No.
17-095 be approved.
13. Westbury 3rd Addition - Final Plat. The application for approval of
the final plat of Westbury 3rd Addition has been received and it was
recommended to the City Council that it approve the application subject to
compliance with all City requirements and authorize the Mayor and City Clerk
to execute necessary related documents. R 85-31
Egan moved, Wachter seconded the motion to approve all of the foregoing
consent agenda items as recommended by the City staff. All voted yes.
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May 21, 1985
MARTIN SHIELDS PROPERTY - PROJECT #113 - FINAL ASSESSMENT HEARING
Councilman Smith moved, and Councilman Wachter seconded the motion to
close the public hearing regarding the assessments on the Martin Shields
property under Project #113, conditioned upon Mr. Shields agreeing to the
reduction of the assessments to approximately $21,000.00 based upon the
discussion early in the meeting, with the understanding that the assessments
will bear interest subsequent to the adoption of the roll at 11% interest per
annum, be and they hereby are approved. All members voted yea.
WESTBURY 3RD ADDITION - PROJECT #441
Wachter moved, Egan seconded the motion to close the public hearing for
Project #441 and to authorize the preparation of plans and specifications
covering the project. All members voted in favor.
EAGANDALE OFFICE PARK - EASEMENT VACATION
Wachter moved, Egan seconded the motion to close the public hearing and
authorize the vacation of existing easements located in Block 4 of Eagandale
Office Park Addition, subject to final plat approval of the Eagandale Office
Park 2nd Addition and to authorize the Mayor and City Clerk to execute all
related documents for recording with the Dakota County Recorder's office. All
councilmembers voted affirmatively.
THOMAS LAKE HEIGHTS 2ND ADDITION - EASEMENT VACATION
Egan moved, Wachter seconded the motion to close the public hearing
regarding the vacation of utility easements in the Thomas Lake Heights 2nd
Addition and authorize and approve the vacation of the drainage and utility
easements. All members voted yes.
BRITTANY 8TH ADDITION - PROJECT #440
Smith moved, Wachter seconded the motion to close the public hearing and
based upon the request of the developer, that the developer would install the
improvements privately,-to deny Project #440 for the installation of utility
and street improvements to service the Brittany 8th Addition. All members
voted yea.
SAFARI 2ND ADDITION - PROJECT #439
Egan moved, Wachter seconded the motion to continue the public hearing
until the next regular council meeting, noting that there was no appearance on
behalf of the developer of the project. All voted yes.
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UPS ADDITION - PROJECT #442
Smith moved, Wachter seconded the motion to close the public hearing
regarding street and utility improvements under Project #442 in the UPS
Addition and to authorize the preparation of plans and specifications for that
portion of the project to be installed through City Contract, with the
understanding that the balance of the contract will be developed privately.
All voted yea.
WINDTREE 4TH ADDITION - PROJECT #437 & FINAL PLAT APPROVAL
Egan moved, Wachter seconded the motion to approve the application for
final plat submitted by the developers of the Windtree 4th Addition, subject
to compliance with all necessary requirements and further, to approve Project
#437 for the installation of streets and utilities within the subdivision and
close the public hearing and to authorize the preparation of plans and
specifications for the project. All councilmembers voted yes.
Smith moved, Egan seconded the motion to approve the final plat of the
Windtree 4th Addition, subject to compliance with all City requirements. All
members voted yes.
R 85-32
HAMPTON HEIGHTS - PRELIMINARY PLAT
The Council again considered the application of Frontier Midwest for
approval of the revised preliminary plat for Hampton Heights and for rezoning
to Planned Development and Limited Business. It was noted that a 4/5th vote
of the entire Council is necessary to approve the application for rezoning,
and after discussion, Egan moved, Smith seconded the motion to reconsider the
motion made earlier in the meeting for approval of the application for
rezoning. All members voted yes.
Blomquist then moved, Egan seconded the motion to approve the application
for rezoning based upon the conditions provided in the earlier motion,
including the exclusion of the Limited Business designation, which will remain
Agricultural zoning and to forward the application to the Advisory Planning
Commission for review and comment. All councilmembers voted yes.
SEE PLAT FILE
SUNSET 4TH ADDITION - VARIANCE
An application was submitted by Tri-Land Properties, for 20 foot setback
variance from Yorktown Place for Lot 2, Block 3, Sunset 4th Addition. The
application was first considered at the regular May 7, 1985 council meeting
and the Council asked for further information as to the reason why the
eyebrow, or bubble, was eliminated and not formally approved by the City
Council. There was a question as to what the variance would be at the setback
of the residence and it was noted that the plat was not approved with removal
of the eyebrow. The staff recommends disapproval of the eyebrow where
possible for maintenance purposes. After discussion, Smith moved, Wachter
seconded the motion to approve the variance, subject to the following
conditions:
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1. The applicant shall submit a petition for vacation of the right-of-way
area for the eyebrow.
2. The lot lines shall be extended as shown on the exhibit submitted with
the application.
All members voted yes.
BIRCH PARK - FINAL PLAT - RECONSIDERATION OF BID AWARD
The final plat application of Birch Park Addition was submitted and had
been considered at the last City Council meeting, including the consideration
of the bid award for Contract #85-10. There had been discussion at the May 7,
1985 meeting concerning the access to the proposed Pilot Pointe Addition to
the west, and also the objections from neighboring property owners on the
south side of Deerwood Drive as to the proposed assessments along Deerwood
Drive. Staff has reviewed the issues that were requested by the Council and a
letter from Rod Hardy of Sienna Corporation dated May 10, 1985, together with
a letter from the Bonestroo, Rosene, Anderlik office regarding the proposed
assessments were reviewed.
Councilmembers indicated they had originally considered Pilot Pointe and
Birch Park together, and on that basis, eliminated the access road through
Birch Park to the west. They further stated that the Pilot Pointe preliminary
plat application was approved, contingent upon the fill and it was understood
the County Highway Department would approve access to Pilot Knob Road with the
grade including the fill.
Mr. Rosene stated that the pond along the west side of Birch Park has now
been increased in depth and it would be difficult to install a road from
Denmark Avenue through the south side of the pond. Councilmembers indicated
that they did not have adequate information and Egan moved, Wachter seconded
the motion to continue consideration of the application for final plat
approval and for award of the bids on the project to allow the staff to work
with the developer to review the alternates including the alternative solution
for access to Pilot Knob Road from the proposed Pilot Pointe Addition. All
members voted in favor.
Smith then moved, to reconsider the motion regarding the award of the bids
on the project, Egan seconded the motion, all voted in favor.
Smith then moved, Wachter seconded the motion to continue the decision on
the award of the bids with the understanding that there may be potential
changes in the project. Those in favor were Egan, Wachter and Smith;
Blomquist voted no.
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NORMAN VOGELPOHL - CONTRACTOR LICENSE
At the City Council meeting on May 7, 1985, the contractor's license
application on behalf of Vogelpohl Construction was reviewed by the Council.
Because a complaint was received by the City, the application was continued
and a report from Dale Peterson dated May 10, 1985 recommending approval of
the license was brought to the Council. Smith moved, Wachter seconded the
motion to approve the application for contractor's license for Vogelpohl
Construction. All voted yes.
BLACKHAWK PLAZA - PRELIMINARY PLAT
The application of Norse Development Company for preliminary plat approval
of Blackhawk Plaza consisting of 9 commercial lots on 11.6 acres and
conditional use permits for a drive-up bank and a service station in
Hillandale No. 1 was next brought to the Council. The Advisory Planning
Commission held its public hearing at its meeting on April 23, 1985 including
the application for preliminary plat approval and two conditional use permit
applications, one for drive-up bank facility and one for service station. The
APC recommended approval subject to numerous conditions. Mr. Hedges and Mr.
Runkle explained the application and the action of the APC. A large number of
neighboring property owners were also present.
There was discussion concerning traffic access from Diffley Road and the
County has informally indicated that it opposes a break in median for that
location. A traffic access study has been prepared by the consultant for the
applicant, BRW, and Mr. Wolsfeld of BRW was present. The Comprehensive Plan
designates the parcel as Neighborhood Business and Roadside Business and it
was noted a variance would be required to allow a 4 story building. The
adjacent cemetery has a grave on the applicant's property south of the
proposed bank facility and the applicant is pursuing a land exchange with the
cemetery association to clear up the situation.
Peter Stalland was present for the applicant and stated the 4-story hotel
variance would be required, noting that certain potential hotel users had
requested 4-story. He reviewed the legal issues and indicated the land was
bought by its current owner in 1971 and Commercial zoning was imposed at that
time.
The west side of Blackhawk Road would provide for a berm with trees and a
retaining wall along the north side of the development is planned. County
Highway officials have stated they will not allow a break in the median on
Diffley Road and Mr. Stalland requested that the City Council adopt a
Resolution favoring the break in the median to keep the excess traffic off
Blackhawk Road. The access on Blackhawk Road on the north end was of concern
to certain councilmembers and Councilman Smith recommended the major access be
provided from Diffley Road. City staff also recommended the break in the
median at Diffley from a public safety standpoint and to reduce traffic on
Blackhawk Road.
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May 21, 1985 4-y
Mary McDevitt, a neighboring resident, stated the developer had promised
high berms and 6 foot trees with no buildings visible from her home on the
opposite side of Blackhawk Road. She favored moving the access road on
Blackhawk south and submitted a Petition signed by 184 residents of the City
requesting denial based on the negative impact on the neighborhood and the
business community.
John King of Kathryn Circle appeared and opposed the project, stating that
traffic and safety will be greatly impacted, then cited numerous other reasons
recommending denial, including the fact it is an important pick-up point for
school buses, that the liquor operations would pose traffic and safety
problems, and there would be impact on the other commercial developments in
the area. He submitted a study that he had prepared regarding the project.
He also mentioned the 1972 zoning history and stated that the early zoning
changes should not be strictly adhered to.
Steve Haas of Kathryn Circle also appeared and discussed some of the legal
issues and stated the developer is responsible for safety issues in the area.
He argued that the Neighborhood District zoning is not appropriate because
most of the traffic to the project would be from I-35E. Therefore, the RB
zoning would be more appropriate and the application should be denied. He
further argued for denial based upon environmental issues with the gas station
and that the cemetery issue had not been resolved. He recommended a reduction
in speed limit from 35 to 20 miles per hour and that no liquor license be
granted.
An architect neighbor appeared and stated that the project is not well
planned and does not reflect the uses around the site, and further that the
circulation is inadequate within the site.
Mayor Blomquist questioned what the original concept for the site
consisted of, and requested the staff to research the issue. There were also
questions concerning drainage around the cemetery and it was noted that the
plan should not affect drainage on the cemetery site. Councilman Wachter
discussed the zoning history, safety issues, and recommended full access from
Diffley Road. He stated that it was his opinion that the impact on the
cemetery would be negligible and was opposed to two accesses to Blackhawk
Road. Mr. Stalland stated the road could be moved to the south and a narrower
access on the north for delivery trucks could be installed.
Councilman Egan indicated that economic reasons could not be the sole
reason to deny and cited errors in certain computations prepared by Mr. King.
Councilman Smith stated the main problem is traffic circulation on the north
end of the shopping mall, and recommended revisions to the plan for turn-
around and for truck access to the rear of the center.
Mayor Blomquist mentioned that she did not favor a 4-story hotel and had
concerns about proposed signage, including any potential pylon signs. The
school bus pick-up location is an issue and access to Diffley Road should be
reviewed and determined prior to council action. Councilman Smith suggested a
more defined way for access to the hotel and also define the access for
delivery trucks to the rear of the strip center.
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May 21, 1985
Egan moved, Smith seconded the motion to continue the application to the
June 4, 1985 regular meeting to allow the staff to prepare a report covering
issues requested by the Council, including the following:
1. A service entrance on the north of the project, including a truck
access, should be reviewed and revisions proposed.
2. Truck access to the rear of the strip shopping center should also be
reviewed more carefully and changes proposed.
3. Staff should study the proposed elimination of the major access to
Blackhawk Road.
4. Drainage on the cemetery property should be reviewed.
5. Feasibility of a breach in the median on Diffley Road should be
studied more carefully.
6. The children's school bus issue along Blackhawk Road should be
reviewed and reported back to the Council.
7. Access to and from the hotel area should be studied by the Developer
and the staff.
All councilmembers voted yes.
SEE PLAT FILE
CENTURY ADDITION - SELF-SERVICE CAR WASH
The application of Dean Fulmer for a conditional use permit for a self-
service car wash and 20 foot variance to allow a 10 foot setback from the rear
lot line on Lot 3, Block 1, Century Addition came before the Council. The APC
held a public hearing at its April 23, 1985 regular meeting and recommended
denial for reasons included in its minutes. Mr. Runkle indicated the primary
question was whether a car wash should be deemed as a similar use in a
Neighborhood Business District and Councilman Smith stated that he would
oppose its being classified a similar use in such a district.
Dean Fulmer appeared and argued that his opinion is that it is a
neighborhood use and would enhance the existing businesses adjacent to it. He
suggested a conditional use with landscaping and indicated that other
neighboring owners in the commercial plat had favored the proposal.
Councilman Smith moved, Councilman Egan seconded the motion that the City
Council deny the application, deeming the self-service car wash not a similar
use under the Neighborhood Business District category. Mr. Fulmer reviewed
the plan and noted that the noise will be faced away from the residential
units to the north. Those in favor were Smith, Blomquist and Smith; against
was Wachter.
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Council Minutes
May 21, 1985
SUNSET 7TH ADDITION - PRELIMINARY PLAT
The application of Randy Barrows for preliminary plat approval for two
single family homes in Sunset 7th Addition next came before the Council. The
Planning Commission held its public hearing on April 25, 1985 and recommended
approval subject to conditions. The parcel contains 0.8 acres of land located
on Yorktown Place and Augusta Lane and Dale Runkle reviewed the application
with the Council. The lots conform with the minimum lot requirement. Brad
Swenson appeared for the applicant and explained that the property is church-
owned property and the intent is to split off the two residential lots on the
south end.
Egan moved, Blomquist seconded the motion to approve the application,
subject to the following conditions:
1. All the standard preliminary plat conditions shall apply.
2. Utility services shall be provided to both lots.
3. The westerly 70.66 feet of the Yorktown Place roadway easement shall
be dedicated as public right-of-way on this proposed plat.
4. A 20 foot utility easement shall be dedicated over the existing storm
sewer alignment as required.
5. A satisfactory street easement through the property to the east,
accessing to Dodd Road shall be acquired.
There was concern, however, whether the single family lots would fit in to
the development with the church property to the north. Those in favor were
Blomquist, Egan and Smith; against was Wachter.
SEE PLAT FILE
FINISHING EQUIPMENT, INC. - WAIVER OF PLAT
The application of Finishing Equipment, Inc. for waiver of plat to split a
portion of Lot 5, Block 2, Cedar Industrial Park, was heard by the Council.
The Advisory Planning Commission acted at its April 25, 1985 public hearing
and recommended approval. Mayor Blomquist withdrew from consideration of the
application, noting her. conflict of interest. There were no objections and
after explanation by Dale Runkle, Smith moved, Egan seconded the motion to
approve the application, subject to the following conditions:
1. The waiver shall meet all applicable City ordinances and requirements.
2. The building expansion on parcel "A" shall be limited to 10,027 square
feet and adequate parking spaces shall be provided with the addition.
All voted in favor except Blomquist who abstained.
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Council Minutes
May 21, 1985
GROUND ROUND - LIQUOR LICENSE - ALBERT BAKER
The application of Albert Baker for on-sale liquor license for the
proposed Ground Round Restaurant at the Vogy's Restaurant location on Pilot
Knob and Yankee Doodle Roads then came to the Council. At the request of the
applicant, Wachter moved, Egan seconded the motion to continue the application
to the June 4, 1985 regular meeting. All Councilmembers voted affirmatively.
ALLSTATE PAVING CO. - TEMPORARY CONCRETE MIXING PLANT - I-35E
An application of Allstate Paving Co. for special permit for temporary
concrete mixing plant on the east side of I-35E, north of Blackhawk Road, was
presented to the Council. Mr. Hedges explained the application and Dale
Runkle detailed its location and the conditions that would be imposed upon the
applicant. A representative of Allstate Paving was present and stated that
virtually all traffic will be on I-35E and there were no objections to the
application. The dust control issue was discussed and the representative
present stated that certain State statutes would require dust control by the
applicant. Wachter moved, Egan seconded the motion to approve the application
with the following conditions:
1. The plant shall not operate between 7:00 p.m. and 6:30 a.m.
2. The concrete produced in this facility shall be used only for I-35E
construction.
3. The plant shall be removed and the land restored to suitable condition
(graded and seeded) by November 15, 1985.
4. A suitable restoration bond shall be required with the bonding amount
to be determined by the engineering department.
5. Adequate dust control measures will be taken and the City Council may
cancel the permit upon notice to the applicant, if complaints are received by
the City.
All voted yes.
SUN CLIFF 4TH & 5TH ADDITION - CONTRACT #85-4
The bids for the utility and street improvements for Sun Cliff 4th and 5th
Additions were submitted to the Council with the low bidder was Spencer
Construction for $234,245.00. Smith moved, Wachter seconded the motion to
award Contract #85-4 to Spencer Construction on the basis of its low base bid
and authorize the Mayor and Clerk to execute all related documents. All
members voted yes.
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Council Minutes
May 21, 1985
TOWN CENTRE 70 & 100 - CONTRACT #85-8
The bids for Town Centre 70 and 100 Additions consisting of utility and
street improvements were received on May 16, 1985 and the low bid submitted
was from Northdale Construction Co. in the amount of $1,721,620.13. There was
discussion concerning the fact that the development agreement had not been
submitted and there were objections on behalf of Mr. Applebaum's attorney
regarding certain provisions in the development agreement. It was also
understood that the letter of credit was not submitted by the applicant and
therefore, Wachter moved, Egan seconded the motion to continue the issue
concerning the award of the bids until the June 4, 1985 regular meeting
because the plat has not been approved and the development agreement had not
been signed and submitted. All members voted in favor.
AMARYLLIS LANE - PARKING SIGN
A Petition was received from owners along Amaryllis Lane in Wilderness Run
2nd Addition requesting "No Parking" signs along both sides of the street.
Their request concerned safety of children because a large number of cars are
parked on the street. Bob Jenkins of 1374 Amaryllis Lane was present and
discussed with the Council the problem regarding street parking. After
discussion, Smith moved, Wachter seconded the motion to implement a 60-day
parking ban on the entire street and that a letter be sent by the staff to all
residents explaining the problem with the potential of extending the parking
ban in the event of additional parking problems. All voted yes.
LUNKA ADDITION
Bill Lunka who recently completed the platting of the Lunka Addition on
Towerview Road appeared and requested a waiver of the requirement under the
development agreement of installing a street light on Towerview Road. The
normal requirement is for street light and after noting that there were only
two lots involved in the plat, Blomquist moved, Wachter seconded the motion to
authorize the elimination of the street light requirement. All voted in
favor.
LEXINGTON SQUARE 2ND ADDITION - PROJECT #433
The City Council, at its meeting on May 7, 1985 directed the consulting
engineer to explore other alternatives to reduce the large deficit posed under
the preliminary report regarding Project #433 covering sanitary sewer and
storm sewer trunk funds. A report was submitted by the consulting engineer
recommending reduction in the size and depth of the southeast sanitary sewer
trunk sewer line, resulting in a trunk fund deficit of $308,190.00, as opposed
to $392,645.00 originally. The amended feasibility report was discussed and
Bob Rosene explained the revisions. A representative of the applicant was
present and recommended the Council proceed with the project. Smith moved,
Wachter seconded the motion to approve Project #433 based upon a reduction in
size and to order in the project and further, to authorize the preparation of
the plans and specifications. All Councilmembers voted in favor of the
Resolution.
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Council Minutes
May 21, 1985
ELIZABETH WITT - CANDIDATE FOR V.P. OF LEAGUE OF MINNESOTA CITIES
A letter from Elizabeth Witt, the Eagan Administrative Assistant,
requesting support from the Council for her candidacy for Vice President of
the League of Minnesota Cities, was discussed by Council members. Smith
moved, Egan seconded the motion to adopt a resolution on behalf of the Council
supporting her candidacy as the Vice President of the Minnesota League and
encouraging her participation in the League activities. All members voted
yes.
COPPER & SANDSTONE STREETS - IMPROVEMENTS
Rich Hefti brought to the Council a proposal for some minimum corrective
measures for the intersection of Copper and Sandstone in Cedar Grove,
amounting to approximately $4,850.00 in cost. After discussion, Smith moved,
Egan seconded the motion to approve the proposal and direct the staff to
proceed with the improvements. Those in favor were Blomquist, Smith and Egan;
against was Wachter stating he felt the corrections would not be adequate.
WILDERNESS RUN ROAD - SPEED LIMIT SIGNS
Mayor Blomquist stated that speed limit signs on Wilderness Run Road had
been changed from 30 to 35 miles per hour maximum during recent months. The
Council requested a report from the staff concerning changes in speed limits
on various streets within the City.
CHECKLIST
Upon motion by Egan, seconded Wachter, it was resolved that the following
checklist be approved dated Ma Z1, 985 in the amount of $3,488.112.40. All
voted in favor. & Aplil 30, 1985 for $305,498.26
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m.
All voted yea.
PHH
Cit clerk
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