05/19/1987 - City Council Regular
Council Minutes
May 19, 1987
11. The 8 inch water main along the easterly side of the
development shall be located within Outlot A.
12. A 20 foot utility easement shall be provided for the
proposed 8 inch water main along the southerly side of Lot 1.
13. Two additional hydrants shall be located along the north
and south side of the proposed building.
14. The development shall move its major access point
approximately 230 feet west of where currently proposed.
15. The proposed development shall be responsible for obtaining
the appropriate Department of Health permit for water main
extensions.
16. The development shall be responsible for obtaining the
necessary down stream ponding easements.
17. The developer shall work with City staff to resolve the
access issue. This item shall be considered at the May 19, 1987
council meeting to allow discussion between developer and staff.
Attorney Tim Thornton appeared on behalf of Northwest Airlines
and stated that Northwest Airlines has applied for an amendment to
the planned development agreement requesting greater use of its site
and noted that the key issue regarding land use will be traffic
generation. He stated that Wachovia Bank and Trust holds the
greatest developmental rights but Northwest Airlines was the
developer on the site and requested a comprehensive development plan
of the balance of the parcel. Mr. Hedges indicated that the
indirect source permit has been approved by the Pollution Control
Agency and that the City is sensitive to all users within the
parcel. He stressed the importance of beginning and completing the
traffic study for the area. Mr. Thornton recommended more specific
planning because the traffic problems may become excessive in
relation to the available and planned road network. He noted that
Northwest Airlines will continue to be present in Eagan and will be
involved in all the development decisions on ,the site.
Larry Laukka was present and strongly objected to Mr. Thornton's
comments about Wachovia's intent to peacemeal its development.
Northwest Airlines had an allocation of space in the planned
development, according to Mr. Laukka and also Cray and Wachovia
cannot exceed their development rights. He requested approval of
his preliminary plat application and the permit to proceed with the
building construction.
The question was whether the City can allocate the densities by
parcel and Mr. Runkle talked about the possible need for a new EIS
and ISP in the event that the densities are exceeded. Utilities and
streets will be issues that require a review if allocated densities
are changed. All members voted yes.
SEE PLAT FILE
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Council Minutes
May 19, 1987
4,g
BLUE RIDGE ADDITION - BUILDING PERMIT
A request of L. A. Laukka Development for grading and foundation
construction permits for an office building in Blue Ridge Addition
was next presented. After review and upon motion by Egan, seconded
Ellison, it was resolved to grant the permits with the condition
that no occupancy will be granted until all building permit and
other City requirements are complied with. All voted aye.
RICHARD'S FOOD - ST. JOSEPH'S HOME - GAMBLING LICENSE
Tom Winkel appeared on behalf of the St. Joseph's Home for
Children gambling license application for pull-tabs at Richards Food
and Liquor. Mr. Hedges indicated the applicant was made aware of
the required ratio of local as opposed to national charitable
gambling licenses for pull-tabs. Mr. Winkel indicated that 256 of
the members that contributed to the support of St. Joseph's Home,
which is operated by the Board of Catholic Charities, live in Eagan.
Curren}ly, the City has one local gambling license held by the Eagan
Lions Club for pull-tabs and one national organization consisting of
the M.S. Society, with a pull-tab license at Valley Lounge. The
question arose as to whether the St. Joseph's Home could be
construed to be local under the ordinance guidelines.
Councilman Smith moved, Councilman Egan seconded the motion to
approve the license for pull-tabs to St. Joseph's Home, noting the
local character of the organization. Councilman Ellison stated that
the applicant comes close to fulfilling the intent of a local
charity and will support it but will object to a change in the
ordinance policy. All members voted in favor.
Smith then moved to delete any reference to local organization
in the ordinance, Egan seconded the motion and stated that the City
benefits from organizations, whether local or national in scope.
Councilman Smith mentioned that the policy has not worked because
there have been eligible national and regional organizations that
have not been allowed permits under the current policy. Those in
favor were Smith, Egan, Blomquist and Wachter; those against was
Ellison.
Q PETROLEUM - CONDITIONAL USE PERMIT - PYLON SIGN
An application was submitted by Q Petroleum for conditional use
permit for two pylon signs along Cliff Road on Lot 1, Block 1, Rahn
Cliff First Addition. The Planning Commission recommended approval,
subject to conditions. According to Mr. Runkle, one sign would be 8
feet in width and 27 feet in height with 120 square foot of signage
and the second for the Q Superette Car Wash would consist of 66
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Council Minutes
May 19, 1987
square feet of signage. Councilman Wachter had a question about the
location of the signs on the entire parcel but there were no
objections. Ellison moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. There shall be a 27 foot maximum height.
2. No additional signage area other than this proposal shall be
allowed without another public hearing.
3. The conditional use permit for pylon signs shall be subject
to all other applicable Sign Ordinances.
4. This conditional use permit shall be subject to the one-time
sign fee of $2.50 per square foot.
All voted yes.
LEXINGTON POINTE 2ND ADDITION - REZONING & PRELIMINARY PLAT
The application of Tri-Land Properties for approval and
amendment to the Lexington South Planned Development, rezoning of
57.6 acres from CSC (Community Shopping Center) to PD R-1,
Comprehensive Guide Plan amendment and preliminary plat approval
consisting of 169 lots located south of Diffley Road, and west of
the Northview Meadows area came before the Council. Dale Runkle
detailed the application and there was a question about the
utilization of the R-3 land on the north side on Diffley Road.
According to Brad Swenson who. was present, the land is now owned by
HUD. Brad Swenson and Laura Marks were both present and answered
questions of the City Council. It was noted that 64% of the 169
lots are below the minimum City requirements. Councilman Ellison
stated he supported the rezoning but preferred that minimum
standards be complied with. Mr. Swenson noted the lack of amenities
on the site and stated in his opinion it was appropriate for
development of smaller lots.
Upon question by Councilman Smith, Mr. Swenson stated that the
developer will not develop two lots on the west property line to
allow westerly extension of the southerly street. Mayor Bl-omquist
was concerned about buffering along the commercial property on the
west and it was noted that an easement will also be provided in
addition to buffering. Smith moved, Egan seconded the motion to
approve the application for Comprehensive Guide Plan amendment and
rezoning. All members voted in favor.
Egan then moved, Smith seconded the motion to approve the
application for preliminary plat according to the following
conditions:
1. All standard platting conditions shall be adhered to.
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Council Minutes
May 19, 1987
2. No side-yard variances with buildings less than 15 feet
apart shall be allowed.
3. This plat shall be subject to a parks dedication fee.
4. Downstream trunk storm sewer facilities shall be ordered for
installation by Council action prior to final plat approval.
5. An erosion and sediment control plan shall be submitted and
approved prior to issuance of a grading permit or final plat
approval.
6. In addition to all common lot line drainage and utility
easements, appropriate utility and ponding easements must be
dedicated based upon final design alignment and elevations.
7. This development shall be responsible for constructing a 12
inch trunk water main within Lexington Pointe Parkway to provide
service to the adjacent commercial property.
8. This development shall be responsible for providing a
sanitary sewer stub to the adjacent commercial property.
9. Major and minor access locations onto Diffley Road shall be
in accordance with Dakota County Highway Department recommendations.
10. Daniel Drive and Lexington Pointe Parkway shall be
dedicated with 80 foot wide rights-of-way if trailway is determined
to be necessary. All remaining interior residential streets shall
be a minimum 60 foot wide right-of-way.
11. This development shall be responsible for the acquisition
of all regulatory agency and County permits in the time frame
required by the affected agency.
12. This development shall assume its assessment
responsibilities associated with trunk area storm sewer.
13. An 8 foot wide bituminous trailway shall be constructed
along the west side of Daniel Drive or located as determined by the
Parks Commission, as the responsibility of this development.
14. The westerly extension of Daniel Drive and its intersection
with the north-south major and minor connection to Diffley Road
shall have a "T" configuration.
15. A detailed storm sewer system shall be submitted and
approved by staff prior to issuance of a grading permit or final
plat approval.
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Council Minutes
May 19, 1987
Those in favor were Smith, Egan and Blomquist; those against
were Ellison and Wachter.
Egan moved, Wachter seconded the motion to approve the
application for amendment to the planned development. All voted in
favor.
SEE PLAT FILE
ULTRA IV ADDITION - PRELIMINARY PLAT
An application was submitted by Ultra IV, Inc. requesting a
preliminary plat of approximately 12 acres zoned Il for
restaurant/bar and athletic facility located on Tract F of
Registered Land Survey No. 4 consisting of 10.3 acres for restaurant
and 1.9 acres outlot. According to Mr. Runkle, City Code permits
Class I sit-down restaurants in the Industrial District and indoor
commercial recreation facilities such as bowling alleys and tennis
clubs, but outdoor facilities are not specifically addressed. On-
sale wine and 3.2 beer sales are listed as conditional use items in
Light Industrial, and a liquor license will be requested. A
conditional use permit was also requested for pylon signs. After
description by Mr. Runkle, the question arose as to whether liquor
could be approved as a permitted or conditional use in an Industrial
zone. Several alternates were discussed including the rezoning of
the property but the City Attorney cautioned the council that in
the event that the use is abandoned, that the property then could be
used for other purposes within that zoned category. The intent was
to provide for a 250 foot seat restaurant, two indoor volleyball
courts and two fenced outdoor softball fields.
John Berglund, the applicant's attorney, appeared and indicated,
upon question by Councilman Smith, that no discussion had been held
with the Clarence Adelmans, the neighbors to the property.
Councilman Smith recommended the contact be made to determine
whether they have objections.
The intent of the softball fields is for private competitive
softball and it is not expected that the City will be permitted to
use the fields on a no-cost basis. Mr. Berglund, upon question,
indicated there are four other sites in the state that are somewhat
comparable, allowing out-door softball, adjacent to restaurants.
Tom Reinen, architect, displayed the proposed facility and answered
questions of City Councilmembers. Upon question, Mr. Berglund
indicated that although the facility is intended for adult
orientation, it could be adopted for use by children. Lighting was
a strong concern of Councilman Smith, as well as following the Light
Industrial guidelines concerning the use of on-sale liquor. A
number of other representatives of the applicant were also present.
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Council Minutes
May 19, 1987
Smith moved, Ellison seconded the motion to continue the
application to the June 2, 1987 regular meeting to allow the
Adelmans to express any comments regarding the application, to
address the concerns of the Council regarding use of overhead lights
and also to determine whether on-sale liquor could be allowed on the
site. Mr. Berglund indicated that the applicant would not proceed
without an on-sale liquor license. All members voted in favor.
SEE PLAT FILE
EAGAN ROYALE ADDITION - REZONING & PRELIMINARY PLAT
The application of Partnership Royale for rezoning from A
(Agricultural) to R-1 (Single Family) and preliminary plat approval
consisting of 73 lots on 47 acres then was brought to the Council.
At the request of the applicant, upon motion by Egan, seconded
Ellison, it was resolved that the application be continued to the
June 2, 1987 regular meeting. All members voted yea.
SEE PLAT FILE
COUNTRY HOLLOW ADDITION - REZONING & PRELIMINARY PLAT
The application of Progress Engineering, Inc. to rezone 45.47
acres to R-1 Single Family and preliminary plat approval of Country
Hollow Addition was submitted to the Council for its consideration.
According to Mr. Runkle, the plat would consist of 99 lots located
north of Diffley Road and east of Dodd Road. The Land Use map
designates the property as D-II and no amendment would be required.
There was discussion concerning the continuance of the streets to
the north, including either a cul-de-sac or an outlet to Dodd Road.
A representative of the applicant was present and there were no
objections. The Planning Commission recommended approval. Wachter
moved, Egan seconded the motion to approve the application for
rezoning as requested. All voted yea.
Egan then moved, Ellison seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. All standard platting conditions shall be adhered to.
2. This plat shall be subject to a parks dedication fee.
3. Lot 1, Block 1, shall have a 30 foot setback or more along
Diffley Road.
4. The City Council must authorize the installation of trunk
water main and trunk storm sewer facilities necessary to service
this development prior to final plat approval.
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Council Minutes
May 19, 1987
4 ! J
5. A 60 foot half right-of-way and a 20 foot construction
easement must be dedicated for the future upgrading of County Road
#30. All cul-de-saced streets shall have a minimum right-of-way of
50 feet with all remaining through-streets having a minimum right-
of-way of 60 feet.
6. In addition to the 10 foot common lot line drainage and
utility easement, additional easements shall be dedicated of
sufficient width to accommodate the installation of all required
storm sewer, water main and sanitary sewer facilities proposed to be
located outside of dedicated right-of-way.
7. This development shall provide and dedicate appropriate
ponding easements providing for 63 acre feet of storage based on a
controlled water elevation of 800.0 and a high water elevation of
818.0.
8. This development shall install the required channelization
and related stabilization to convey existing drainage swales along
proposed common lot lines into the existing storm sewer system. A
minimum 20 foot drainage and utility easement shall be conveyed over
these drainage channels.
9. This development shall be responsible for the acquisition of
all easements outside the boundaries of this development as
necessary to provide water service and trunk storm sewer force main
outlets to serve this development in addition to any permanent or
temporary construction easements necessary to accommodate temporary
cul-de-sacs for dead-end streets.
10. All regulatory agency permits shall be acquired in a time
frame required by the affected agency.
11. The middle of the proposed three-street connections to the
north shall be shortened and permanently cul-de-saced.
12. This development shall be responsible for all related
assessment obligations associated with its approval.
All voted affirmatively.
SEE-PLAT FILE
WILLIAMS AND LaRUE ADDITION II - PRELIMINARY PLAT
The application of Dale LaRue for preliminary plat approval of
Williams and LaRue II Addition was again brought before the Council.
The parcel consisting of 1.9 acres was intended for single family
purposes and approved by the City Council in 1985, subject to
certain conditions. The installation of utilities and assessment
issues were then of concern and a delay took place in order to
acquire easements and install necessary utilities.
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Council Minutes
May 19, 1987
R ; F rA Y
Mr. Runkle stated that there was no change in the plat
configuration of the five lot subdivision. Dale LaRue was present.
Mr. and Mrs. Kelmer Bratland, neighboring owners to the east,
were present and had strong objections to certain aspects of the
plat, stating that there is a 20 foot bank between the LaRue and
Bratland property. They objected to snow being potentially pushed
to the east on the Bratland property. Mr. Colbert suggested that an
easement over the east property line of Lot 5 be acquired for snow
storage purposes. Dale LaRue was present and noted that drainage
comes from the Bratland property, rather than flowing east, that all
lots conform with minimum requirements and he had no objection to
the snow storage easement on Lot 5. Two accesses will be available
from the four lots abutting Wescott Road and Lots 3 and 4 using one
access and Lots 1 and 5 one access. Egan then moved, Wachter
seconded the motion to approve the application for preliminary plat
for Williams and LaRue II Addition, subject to the following
conditions:
1. The applicant will grant a snow storage easement in favor of
Lot 1, over the easterly side of Lot 5 as directed by the staff.
2. A determination should be made as to the feasibility of the
installation of utilities prior to final plat approval.
3. Variances shall be allowed in view of the configuration of
the land in relation to the surrounding properties.
4. Standard preliminary plat conditions shall be adhered to.
5. A variance shall be granted to allow the 15 foot frontage on
Wescott Road.
6. The filling of the pond area shall be done in conformance
with MnDOT specifications 2105 and 2451.
7. This development shall be responsible for the installation
of a positive outlet from the ponding area and also the 12 inch
trunk watermain.
8. No new access to Lexington Avenue shall be allowed.
9. A 6 foot concrete sidewalk along the north side of Wescott
Road shall be the responsibility of this development.
All voted yes.
SEE PLAT FILE
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Council Minutes
May 19, 1987
FIVE YEAR ACTION PLAN FOR ECONOMIC DEVELOPMENT COMMISSION
Mr. Hedges submitted to the City Council proposed two-year and
five-year action plans and projected completion dates included, with
the work task assignments to the staff and the Economic Development
Commission. He noted that these action plans were similar to those
already adopted by the City Council for the Commission in earlier
years. There being no objections, Wachter moved, Egan seconded the
motion to approve the two and five year action plans as presented by
the EDC. All voted yes.
David Kleimola submitted his resignation as a member of the
Commission indicating his business was moving out of the City.
Wachter moved, Egan seconded the motion to accept the resignation,
and further direct the Administrator to review the list of
prospective names for membership on the Commission. All voted yea.
MAC PART 150 STUDY - RESOLUTION
The City has received a copy of the Part 150 Study covering two
documents to be submitted to the FAA by the Metropolitan Airports
Commission. The noise exposure map defines the noise compatibility
problem and the noise compatibility program described the
operational land use solutions. Administrative Assistant Jon
Hohenstein prepared a lengthy resolution addressing the issues of
importance to the City and after review by Mr. Hedges and City
Council members, Smith moved, Wachter seconded the motion to adopt
the Resolution. All voted in favor.
R 87-35
PUBLIC IMPROVEMENT CONTRACTS
1. Lexington Hills Addition - Contract #87-5. Mr. Colbert
stated that the low bid is 17.6% over the feasibility report and
questioned whether the property owners should be given an
opportunity to review the low bid. Egan moved, Wachter seconded the
motion to continue consideration of Contract #87-5 until the June 2,
1987 meeting to allow the affected property owners to be heard. All
members voted in favor.
2. 1987 Sealcoating - Contract #87-8. Wachter moved, Egan
seconded the motion to approve the 1987 Sealcoating Contract #87-8
and authorize the advertisement for bids for an opening to be held
at 10:30 a.m. on June 12, 1987 for Contract #87-8 with the deletion
of the fire station sealcoating. All members voted positively.
3. Wells No. 8 and No. 9 - Contract #85-26. Mr. Colbert
stressed the importance of bringing additional wells on line, and
noted that Bergerson, Caswell, Inc., the contractor on Wells No. 8
and 9 had requested an extension of hours from 7:00 a.m until 8:00
p.m., Monday through Saturday, in order to complete the installation
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Council Minutes
May 19, 1987
on a timely basis. Because of the sensitivity of the neighbors in
the area, Mr. Hedges recommended letters be sent to the neighboring
residents to explain the critical need to complete the wells.
Wachter moved, Egan seconded the motion to approve the permit for
extended working hours for Contract #85-26 as requested with the
understanding that neighbors will be contacted and that the Council
will be allowed to review the status of the construction in the
event of strong objections. All members voted yea.
PUBLIC IMPROVEMENT CONTRACTS
1. Nancy Circle - Contract #87-10. The bids for Contract #87-
10 consisting of street and storm sewer improvements in Nancy Circle
under Project #482 were submitted and it was recommended that the
contract be awarded to Bituminous Roadways, Inc. in the amount of
$22,008.00.
2. Lexington Square 6th Addition - Northview Park Road -
Contract #87-12. It was recommended that the Council continue
consideration of the award of Contract #87-12 to the June 2, 1987
regular meeting because of the fact that the State Aid approval has
not been completed.
3. Greensboro 2nd Addition - Contract #87-11. It was
recommended that the Council authorize continuance of the
consideration of the contract under Contract #87-11 until the June
2, 1987 meeting.
Smith moved, Ellison seconded the motion to approve the
foregoing recommendations and authorize their implementation. All
members voted yes.
PRIVATE IMPROVEMENT CONTRACTS
1. Brittany 8th Addition - Contract #85-S. It was recommended
that the Council approve the installation of the streets and
utilities installed by Contract #85-S under Brittany 8th Addition
and accept the improvements for perpetual City maintenance.
2. Eagan Center 1st Addition - Contract #85-C. Staff
recommended to the Council that it approve the streets and utility
installation under Contract #86-C regarding Eagan Center 1st
Addition and to accept the project for perpetual maintenance.
Smith moved, Ellison seconded the motion to approve and
authorize the implementation of the recommendations. All voted
affirmatively.
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Council Minutes
May 19, 1987
BBD ADDITION
Bill Henk, the developer of the BBD Addition was present and
requested special consideration of the City Council for approval of
the final plat of BBD Addition. He noted the hard shell had been
completed and according to Mr. Colbert, all conditions are now
fulfilled and that the County Board had approved the application,
according to Mr. Henk. Wachter moved, Egan seconded the motion to
approve the application, subject to compliance with all City
requirements. All members voted yes. It was noted that the waiver
of objection to the assessments will be signed by the developer
prior to release of the hard shell.
R 87-36
WHISPERING WOODS 2ND ADDITION - PROJECT #504
A petition had been received from the developers of the
Whispering Woods 2nd Addition requesting a feasibility report for
the installation of storm sewer facilities through the development.
Upon motion by Wachter, seconded Egan, it was resolved that the
Petition be received and that the consulting engineering firm be
authorized to prepare a feasibility report. All members voted in
favor.
WHISPERING WOODS 2ND ADDITION - PRELIMINARY PLAT - EXTENSION
Upon request of the applicant, upon motion by Egan, seconded
Wachter, it was resolved that the council approve a one-year
extension to June 3, 1988 for Whispering Woods 2nd Addition
preliminary plat. All members voted yea.
BLACKHAWK ROAD - RECONSTRUCTION - PROJECT #488
The engineering staff discussed with the City Council the
concerns of certain property owners adjacent to the Blackhawk Plaza
development requesting that the roadway be shifted to the east,
toward Blackhawk Plaza, to minimize the impact. The Blackhawk Plaza
developer, Steve Ramsey, was reluctant to grant any additional
right-of-way which would result in encroachment onto the existing
parking lot setback green space, which should be landscaped and
bermed, according to council direction. No action was taken to
revise the road alignment.
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Council Minutes
May 19, 1987
WATER QUALITY MANAGEMENT PLAN PREPARATION
Mr. Colbert stated that he had been working with the Dakota
County Soil and Water Conservation District and consulting
engineering firm for the Gun Club Lake Watershed Management
Organization, Hickock and Associates, Inc. to proceed with the
preparation of the comprehensive water quality management plan for
the community. He recommended that the Council consider the
creation and solicitation of members to a citizen committee for the
preparation of the plan, which could include members from the
Planning Commission and Council and other lay persons. Egan moved,
Wachter seconded the motion to authorize the creation of the Citizen
Committee and to direct the staff to solicit members for the
Committee. All members voted yea.
WOODGATE LANE - PROJECT #490
A petition was submitted by several residents on Woodgate Lane
requesting installation of street lights on that cul-de-sac. The
feasibility report has now been completed and upon motion by Egan,
seconded Smith, it was resolved that the report for Project #490 be
received and that the public hearing be scheduled for June 16, 1987
at 7:00 p.m. at the City Municipal Center. All voted yes.
METRO COUNCIL AIRPORT ADEQUACY STUDY
A letter was received from Steve Keefe, the chair of the
Metropolitan Council, requesting the City Council designate a local
official to participate on a task force to determine the adequacy of
the Minneapolis/St. Paul International Airport. After discussion,
the council members approved the designation of Mayor Blomquist and
Councilman Egan to share the responsibility of membership on the
Task Force.
CABLE T.V. CONFERENCE
A memo from Cable Administrator Ralph Campbell concerning the
cable television conference scheduled for June 29 and 30, 1987 in
Madison, Wisconsin, was discussed. Attendance by Cable members
and/or City Council members was proposed by the Cable Commission.
No specific action was taken.
SPECIAL MEETING OF CITY COUNCIL
A special meeting of the Eagan City Council is scheduled to be
held on May 27, 1987 at the municipal Center, beginning at 7:30 p.m.
for a workshop session.
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Council Minutes
May 19, 1987
r Q.s)
BURNSVILLE/EAGAN JOINT CABLE T.V. MEETING
A special meeting of the Eagan City Council jointly with the
Burnsville City Council, will be held on June 18, 1987 at 7:00 p.m.
regarding the Burnsville/Eagan Cable T.V. Commission.
HUNAN GARDEN - ON-SALE LIQUOR LICENSE
An application from the owners of the Hunan Garden Restaurant in
Town Centre for an on-sale liquor license was submitted. The staff
was directed to submit further information to the City Council
regarding compliance with City policy, and to suggest the applicant
appear before the City Council.
ELIZABETH WITT - ENDORSEMENT
VICE PRESIDENT - LEAGUE OF MINNESOTA CITIES
Liz Witt submitted a letter to the City Council requesting
endorsement as a candidate for the Vice Presidency of the League of
Minnesota Cities. It was noted that the time spent on League
affairs would not be official Eagan business. Further, the City of
Eagan would not be financially responsible for serving in the
position and the time involved would not interfere with her City of
Eagan position. Wachter moved, Egan seconded the motion to approve
the endorsement as requested. All voted yea.
BETTY SINDT - LEAGUE OF CITIES - BOARD OF DIRECTORS]
A request from Betty Sindtof Lakeville, for endorsement for
election to the League of Cities Board of Directors was submitted.
Smith moved, Wachter seconded the motion to approve the endorsement
on behalf of the City Council. All members voted in favor.
POLICE DEPARTMENT - CHAPLAIN
Pastor Block of Christ Lutheran Church indicated to the Police
Department that he was interested in acting as its Chaplain on an
emergency basis. No official action was taken.
CHECKLIST
Upon motion by Wachter, seconded Egan, it was resolved that the
checklist dated May 19, 1987 in the amount of $472,085.90 be
approved. All voted yes.and dated April 30,1987 in the amount of
$955,761.43.
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Council Minutes
May 19, 1987
CAPONI VS. CITY OF EAGAN
City Attorney Paul Hauge and City Administrator Tom Hedges
discussed with the City Council the proposed payment of the
settlement award to Tony Caponi for the inverse condemnation action
brought against the City. Gene VanOverbeke suggested several
alternates for the payment of the award to be acquired from the
general fund, the storm sewer trunk fund, or from assessment funds.
He further suggested that form 1099 covering the interest on the
assessments, be forwarded to Mr. Caponi. Egan moved, Wachter
seconded the motion to approve the payment of the award and to
direct that the payment be made from storm sewer trunk funds,
including the reduction in the assessments, as proposed by Mr.
Caponi. All councilmembers voted affirmatively; further, that Mr.
Caponi comply with the provisions of the award, including the
dedication of land on the west side of the lake and the grant of an
appropriate ponding easement. All members voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:50 a.m. All voted yea.
PHH
1i
C lerk
25
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 19, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
May 19, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and
Ellison. In addition, City Administrator Tom Hedges, Public Works
Director Tom Colbert, City Planner Dale Runkle, Consulting Engineer
Mark Hanson, and City Attorney Paul Hauge were present.
City Administrator Tom Hedges explained to the City Council and
the audience that there was a school board election within the City
on May 19, 1987 and the polls would close at 8:00 p.m. Therefore,
he requested that the City Council not take official action until
after 8:00 p.m.
AGENDA
The Agenda was presented without formal action.
MINUTES
The minutes of the May 5, 1987 regular City Council meeting were
presented and the following changes were requested: Regarding speed
limits on Galaxie and Blackhawk Roads, under police department
business, Councilman Wachter was concerned about the 45 mile per
hour limit in Apple Valley and 35 mile per hour limit in Eagan; also
on page 7 Cliff Road Shoppes preliminary plat, condition 5 regarding
94 nine foot stalls shall be eliminated; next page 9 regarding
Thomas Lake Center conditional use permit, that the motion for
approval of three pylon signs be for the major streets rather than
buildings; on page 19 regarding the Metro East Coalition, Councilman
Ellison opposed the motion stating that the City is growing so
quickly, the benefit of membership would run to the Coalition and
not the City of Eagan, and therefore the Council should not be
spending the money, noting the.City is not the benefiting party.
1987 REFUNDING BOND ISSUE
City Administrator Tom Hedges described to the City Council the
status of the refunding of certain bond issues recently evaluated by
the Director of Finance and City's Fiscal Consultant, Miller &
Schroeder Financial, Inc. Miller & Schroeder recommended that the
Council proceed with the refunding based upon the recommendation of
Dan Hartman that interest rates appeared to be stabilizing in recent
weeks. Councilmen Smith and Wachter were concerned about the change
in bond interest rates and Councilman Wachter recommended a two-week
continuance before determining whether to proceed. Ernie Clark of
Miller & Schroeder, as well as Dan Hartman were present. No action
was taken.
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May 19, 1987
DEPARTMENT HEAD BUSINESS
Several department heads were present but there was no specific
business brought to the City Council.
LONE OAK ADDITION - TRAFFIC STUDY
Public Works Director Tom Colbert explained to the City Council
that Cray Research, Inc. .is processing a proposed subdivision
incorporating approximately 115 acres north of Lone Oak Road and
east of Lone Oak Church in the Lone Oak subdivision. The
development proposal provides a phased development with an ultimate
saturation of approximately 1.2 million square feet. He explained
the proposed construction of Lone Oak Drive and recommended that a
traffic analysis be performed to identify the impact of County Road
#26 and its signalized intersection with Trunk Highway #149/#55. He
noted the development is proposed to take place at a much more rapid
rate than originally predicted and recommended that the
applicant/owners in the benefited area be required to participate in
the cost of the study.
Larry Laukka of Laukka-Beck appeared and referred to the letter
prepared by Assistant Planner Steve Schwanke regarding the proposed
traffic study. He noted that permits had been established and that
the threshold levels are still intact. Wachovia and Cray, according
to Mr. Laukka, do not expect to exceed those limits and recommended
that no further study be done until Northwest Airlines determines
whether its development would exceed the present limits.
Mr. Hedges explained the long-range plan is part of the issue
relating to traffic over a longer term. Ronald Samansky, attorney
for Cray Research, appeared and stated that Cray Research will
continue to work with Northwest Airlines and Wachovia regarding
development and traffic.
CONSENT AGENDA
The following consent agenda items were submitted and
recommended for approval:
1. Personnel Items.
a. Police Clerk-Typist/Resignation. It was recommended
that the resignation of Connie Jaeger be accepted effective May 29,
1987 and to authorize seeking a replacement for the position.
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Council Minutes
May 19, 1987;'
b. City of Eagan Hearing Conservation Program. It was
recommended that. an agreement between the Cities of Eagan and
Bloomington through which Bloomington will provide a continuing
hearing conservation program for the City of Eagan during 1987 be
approved.
c. Seasonal Park Maintenance Workers. The recommendation
was made that Troy Christopherson and Michael Finnegan be hired as
seasonal park maintenance workers by the City.
2. Pause for the Pledge Observance Proclamation. To
commemorate the adoption of the U. S. flag, Congress by joint
resolution approved August 3, 1949, designated June 14 of each year
as flag day and it was recommended that the Mayor acknowledge the
proclamation of National Flag Day for June 14, 1987.
R 87-32
3. St. John Neumann Church - One-Day Consumption Display
License. An application was submitted by Jim Marshall for
consumption and display license for the St. John Neumann Parish for
June 6, 1987 including a dance and it was recommended that it be
approved.
4. Squad Car and Animal Warden Van Sale. It was recommended
that the high bidders including Suburban Auto in the amount of
$2,085.00 for squad #9 and Viking Auto in the amount of $688.00 for
the Animal Warden van be approved.
5. Eagandale Center Industrial Park 8th Addition - Project
#501. Staff recommended that the council receive the feasibility
report for Project #501 consisting of Eagandale Center Industrial
Park 8th Addition water main and schedule a public hearing on June
16, 1987 at 7:00 p.m. at the City Municipal Center.
6. Windtree 8th Addition - Project #503. The recommendation
was made by the staff that the feasibility report now completed be
received for Project #503 covering streets and utilities in Windtree
8th Addition and that the Council schedule an official public
hearing to be held at the City Hall on June 16, 1987 at 7:00 p.m.
7. Country Club Market - Project #449. A revised report was
submitted and the staff recommended that the feasibility report for
Project #449 as revised covering Country Club boulevard and driveway
improvements be received and that a public hearing be scheduled at
7:00 p.m. at the City Hall on June 16, 1987.
8. Carbone's Addition - Final Plat. The application was
submitted by Dave Carbone for approval of the final plat for
Carbone's Addition and it was recommended that the application be
approved, subject to compliance with all City requirements.
R 87-33
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Council Minutes
May 19, 1987 9. Greensboro 2nd Addition - Final Plat. An application
submitted for approval of final plat of Greensboro 2nd Addition was
received and it was recommended that the application be approved by
the City Council and that the Mayor and City Clerk be authorized to
execute all related documents. No.official action was taken.
R 87-34
STAFFORD PLACE - PUBLIC HEARING - PROJECT #498
Blomquist convened the public hearing regarding Project #498
consisting of street and utility improvements for Stafford Place
Addition. Tom Colbert introduced the project and Mark Hanson of the
Bonestroo firm detailed the report to the City Council. He noted
that Northview Road was proposed to be constructed 44 feet in width
west of Braddock Trail and 36 feet east of Braddock Trail, with
Braddock Trail tentatively 36 feet in width. It was noted that the
deficit of $135,382.00 would be financed by Major Utility Street
Funds. There were no objections or questions from the public. MSA
Financing will be available on all streets. No formal action was
taken at that time.
NORWEST 2ND ADDITION - UTILITY EASEMENT VACATION
The mayor convened the public hearing regarding the vacation of
utility easements for Norwest 2nd Addition. The hearing had been
continued to the May 5, 1987 meeting. Tom Colbert described the
proposed vacation of street easement and there were no appearances
or objections.
NANCY CIRCLE - PROJECT #482 - STREET IMPROVEMENTS
The continued public hearing regarding Project #482 consisting
of proposed street improvements for Nancy Circle where the original
public hearing was held on December 2, 1986 was convened by the
Mayor. The Council had continued the public hearing until such time
that more refined cost estimates could be obtained through the
competitive bid process and bids were now received. The original
estimate, according to Mr. Colbert, for the improvements was
$5,462.00 per lot and the final estimated cost was $4,606.00 per
lot. A letter had been sent to all affected property owners and Mr.
Colbert noted that the final cost per lot is still estimated but
appeared to be favorable.
Three owners were present and spoke in favor of the project but
had questions. Staff was requested to document all costs and it was
proposed by one owner that the assessments be spread over a period
of years. Four of six owners favored the project and the other two
were out of state, and no objections were presented.
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Council Minutes
May 19, 1987
TOWN CENTRE DRIVE - STREET NAME CHANGE
The public hearing regarding the proposed street name change for
Town Centre Drive located on the south side of Yankee Doodle Road,
east of Denmark Avenue was convened by the Mayor. Mr. Colbert
explained that there had been a good deal of confusion regarding the
two Town Centre Drive north-south streets which merge with the
east-west Town Centre Drive. Staff suggested certain names and
Councilman Wachter suggested Bert's Blvd. in honor of the former
owner, Herbert Heuer.
Charles Bartholdi of Federal Land Company was present and stated
that over 90% of the land abutting Town Centre Drive is controlled
by Federal Land and it was very important to retain the name. He
also noted the monetary investment and the importance of name
identification. Federal Land would prefer Town Centre East and Town
Centre West for the two north-south streets. Mr. Colbert noted that
the westerly street will be extended northerly and recommended
avoiding confusion on the north side of Yankee Doodle Road.
Councilman Smith recommended a change in names for a short term with
alternates considered in the future. Mr. Bartholdi recommended a
continuance.
LAKESIDE PARK IMPROVEMENTS - CONTRACT #87-1
The City Council then considered the proposed plans for Lakeside
Park under Contract #87-1. At the April 21, 1987 Council meeting,
several residents from the Lakeside Estates neighborhood appeared
and opposed the recommended improvements by the Park Commission. A
meeting was held with neighboring owners by Park Commission members.
A number of affected residents were present but there were no
comments or objections.
1987 REFUNDING BOND ISSUE
After a short recess and following 8:00,p.m., the Council then
took official action on agenda items discussed earlier in the
meeting. Egan moved, Wachter seconded the motion to continue
consideration of the refunding of certain City bond issues until the
June 2, 1987 regular meeting. All members voted yea.
AGENDA
Wachter moved, Egan seconded the motion to approve the Agenda as
presented. All voted yes.
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Council Minutes
May 19, 1987
LONE OAK ADDITION - TRAFFIC STUDY
Upon motion by Wachter, seconded Smith, it was resolved that the
Council authorize the traffic impact study incorporating the
proposed Cray development and its impact on adjacent facilities
recommended by the staff. All voted yea.
MINUTES
Ellison moved, Wachter seconded the motion to approve the
minutes of the regular Council meeting of May 5, 1987 as revised.
All voted affirmatively.
CONSENT AGENDA
Ellison moved, Egan seconded the motion to approve and implement
all of the recommendations of the staff regarding the consent agenda
items. All voted yes.
STAFFORD PLACE - PROJECT #498
Smith moved, Wachter seconded the motion to close the public
hearing and approve Project #498 consisting of Stafford Place
streets and utilities and authorize the preparation of detailed
plans and specifications and acquisition of all easements and
rights-of-way through condemnation and/or negotiation as may be
necessary; further, that in the event of condemnation, that the
staff be authorized to prepare an appraiser for the condemnation
process. All members voted yes.
NORWEST 2ND ADDITION - EASEMENT VACATION
Upon motion by Egan, seconded Ellison, it was resolved that the
public hearing regarding Norwest 2nd Addition vacation of utility
easements be closed and that the vacation be approved as described.
All members voted in favor.
NANCY CIRCLE - PROJECT #482
Wachter moved, Egan seconded the motion to close the public
hearing and approve Project #482, including the award of the
Contract to the low bidder. All members voted yes.
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Council Minutes
May 19, 1987
TOWN CENTRE DRIVE - STREET NAME CHANGE
Smith moved, Wachter seconded the motion to continue
consideration of the street name change for Town Centre Drive to the
June 2, 1987 regular meeting. All voted yea.
LAKESIDE PARK IMPROVEMENTS - CONTRACT #87-1
Egan moved, Wachter seconded the motion to approve the plans
recommended by the Advisory Park and Recreation Committee for
Lakeside Park under Contract #87-1. All voted yea.
FIRE STATION PARKING LOT - VARIANCES
Mr. Hedges indicated that at the May 5, 1987 City Council
meeting, the Director of Public Works presented parking lot and
driveway improvements recommended by the Fire Chief for Fire
Stations No. 1, 2, and 3. The staff explained to the City Council
that the City currently requires curb and gutter for driveway and
parking lot improvements for all commercial/industrial buildings,
but Mr. Colbert suggested to the Council that it consider delay of
installation of curb and gutter so that it could be budgeted in the
1988 fiscal year. There were no appearances or objections based
upon notices that were sent to surrounding affected property owners.
Smith moved, Wachter seconded the motion to authorize the
improvements for Fire Stations No. 1, 2, and 3, including the
sealcoating, curb and gutter to be installed in 1988. All members
voted yea.
OFF-SITE TEMPORARY ADVERTISING SIGNS - ORDINANCE AMENDMENT
City Administrator Hedges introduced the consideration of the,
ordinance amendment regarding the regulation of off-site temporary
advertising signs. He mentioned that at the April 21, 198,7 meeting,
the Council considered the adoption of the amendment to the City
Code that would prohibit the location of off-site advertising
development signs. The proposed wording for an amendment which
would implement such restrictions was included in the packet. The
Developers Task Force reviewed the proposal at its April 21, 1987
meeting and submitted recommendations, including a restrictive
ordinance which would allow such signs from April 1 until November 1
of each year under certain restrictions or a phasing schedule in the
event of a total ban to allow the existing signs to remain until
November 1, 1987.
Councilman Egan had questions about the seasonal proposal
because many of the signs would apply year round. Mr. Colbert
stated that the largest use of- such signs is during the summer
construction season. The size of the signs was also questioned but
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Council Minutes
May 19, 1987
there was no recommendation. Councilman Smith recommended the sign
posts be constructed of wood to allow the signs to be cut off if
they do not comply with the City Ordinance and that a maximum 4 ft.
by 4 ft. sign be allowed. Smith moved, Egan seconded the motion to
approve the proposed restrictive. Ordinance submitted by the
Developers Task Force to continue in effect for a period of 2 years
for 1987 and 1988 and then determine whether to extend the
restrictive ordinance provisions. Councilman Ellison recommended
the Council attempt to test a total ban of such signs for a period
of six months.
Bob Lux of Dominium Group appeared and indicated that he had no
objections to the seasonal proposal and suggested reducing the
amount of wording on the sign. He recommended that off-site signs
be allowed because they are important to non-residents. Councilman
Ellison questioned Mr. Lux how Dominium advertises and Mr. Lux
answered by the use of the Apartment Guide and the newspapers which
include maps. Mr. Lux recommended a maximum 4 x 8 sign but would
not object to a 4 x 4 sign size. Councilman Egan noted that the
proposal would reduce the clustering of signs and promote use of
other advertising. Those in favor were Smith, Wachter and Egan;
those against were Ellison and Blomquist. The other conditions
would be the maximum size would be 4 feet by 4 feet, with the
understanding that the number per intersection will be controlled
and the intent is for directional purposes only. The Developers
Task Force was asked to review the proposal again and report to the
Council.
DOMINIUM MANAGEMENT SERVICE, INC.
SPECIAL PERMIT FOR TWO-DIRECTIONAL SIGNS
Mr. Hedges introduced the application for Dominium Group for
four 4 ft. by 8 ft. two-directional signs to be located on certain
intersections in the area of Pilot Knob Road and Cliff Road and
Diffley and Thomas Lake Roads. He noted that the council has not
approved more than two signs for each development and,there were
questions about the size of the signs. Councilman Egan suggested
maximum 4 x 8 foot signs for 1987 but that 4 x 4 foot maximum be
imposed beginning in 1988. Egan moved, Wachter seconded the motion
to approve an application of Dominium Group to allow no more than
two signs and the developer to select the locations with the
understanding that 4 x 8 signs would be allowed in 1987 but that 4 x
4 sign maximum size would be permitted in 1988. All members voted
yea.
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Council Minutes
May 19, 1987
POND VIEW - REZONING
The application of Molinaro and Associates for rezoning of
approximately 30 acres from A (Agricultural) to Commercial and Mixed
Residential Planned Development was submitted to the Council. A
continuance had been recommended at the May 5, 1987 meeting to allow
Fairview Hospital to determine the specific location for the
proposed medical facility. Tom O'Connell of Fairview was present
and noted that Fairview has now selected the site which was the
former motel site. Mr. Wayne Tauer of Pioneer Engineering appeared
on behalf of the applicant and reviewed the background, including
certain revisions to the former plan. Lot 1 would include a
restaurant, Lot 2 the Fairview Urgicare Center,.Lots 3 and 4 were
requested for General Business use because of the cost of the
property, Lot 5 for multiple residential without any specific
density and medium density on Lot 6.
Mayor Blomquist stated the Comprehensive Guide does not provide
for the density proposed in the General Business area along Pilot
Knob Road and there is also no specific plan for Lots 3 and 4. The
Advisory Planning Commission recommended approval of the rezoning
planned development and comp guide amendments, subject to certain
restrictions, including uses.
Mr. Tauer requested that no restrictions on the density for the
multiple parcel be implemented but stated the multiple is intended
as an R-4 density. Councilman Ellison was concerned about the
rezoning of the R-2 land to R-4, even up to 108 units. Egan
expressed his concern about the upgrading of Lots 3 and 4 to more
dense use and reiterated that specific users are important to
determine the type of zoning to be allowed. Councilman Smith noted
that the City may be required to allow some uncertainty because all
lots except 3 and 4 have specified types of uses. It was suggested
that more specific uses be determined and that the Planning
Commission again make recommendations to the Council for uses that
do not include expected high volume traffic. Egan moved, Wachter
seconded the motion to approve the Comprehensive Guide, amendment
based upon the final determination of the actual uses which shall be
determined at the next meeting. All. members voted yes.
Egan then moved, Wachter seconded the motion to approve the
application for Planned Development. All voted yea.
Egan then moved, Ellison seconded the motion to approve the
application for preliminary plat in concept only, subject to the
following conditions:
1. It is understood that Lot 5 shall be an outlot and no
determination shall be made at the present time as to its density.
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Council Minutes
May 19, 1987
2. The applicant and owner shall enter into a planned
development agreement or amendment to the conditions of the planned
development in accordance with the concept plan submitted for the
six or seven lots proposed.
3. The overall plan shall be reviewed by the Dakota County
Highway Department and the Minnesota Department of Transportation
because this project abuts these rights-of-way.
4. A comprehensive plan amendment shall be processed in
accordance with the particular use allowed in this plan.
5. Prior to any first phase development, the existing residents
of the property shall be in agreement as to how and when the
relocation will take place.
6. Lots 3 and 4 shall not be used as convenience retail or
motor fuel sales generating a high volume of traffic.
7. The lot designated as Lot 7 shall be platted as an outlot.
All voted yea.
R & B ADDITION - ZONING & PRELIMINARY PLAT
Mr. Hedges noted that an application was submitted for the
rezoning of 2.08 acres from R-4 to CSC, Comprehensive Guide Plan
Amendment and preliminary plat approval consisting of one lot and
parking stall variance for LeRoy Rother and Gerald Braun on Duckwood
Drive. The Advisory Planning Commission recommended approval,
subject to conditions. Mr. Runkle noted that the access alignment
and parking are the two issues and that a meeting had been held with
the affected owners, including Federal Land representatives, on May
27, 1987. Federal Land has not made a specific determination as to
its alignment on the north side of Duckwood Drive from the proposed
shopping center addition and recommended continuance., Wachter
moved, Egan seconded the motion to continue the application until
the June 2, 1987 meeting to attempt to.determine the conformed
alignment to Duckwood Drive from the Town Centre Addition and from
the R & B Addition.
Members of the Hidden Oaks Homeowners Association were present
and one member stated the Association supported the development but
wanted the integrity of the ridge maintained. Other recommendations
were also made. LeRoy Rother and Jerry Braun were present and had
no objections to the continuance. All members voted yes.
SEE PLAT FILE
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Council Minutes
May 19, 1987
f.
BLUE RIDGE ADDITION - PRELIMINARY PLAT
The application of L. A. Laukka Development for preliminary plat
approval of Blue Ridge Addition consisting of Outlots E and F of
Lone Oak Addition consisting of a 9.8 acre lot for office/showroom
and two outlots containing 37.25 acres abutting #149 and Lone Oak
Road. The planned development for Laukka Beck designates the area
as office/showroom for research development.
City Administrator Hedges commenced the staff presentation and
Dale Runkle gave a brief overview. The Advisory Planning Commission
recommended approval subject to certain conditions. Mr. Runkle
indicated that the development meets the intent of the planned
development and the environmental reviews have been found to be
appropriate. He did cite the traffic issues in the general area.
Dale Beckman of BRW appeared and explained that there were no
median breaks in Lone Oak Parkway when it was constructed because
the uses were not specified at that time. Some changes in the
geometric design including no left turn to the property to the north
are acceptable to the applicant. Councilman Smith moved, Councilman
Wachter seconded the motion to approve the application subject to
the following conditions:
1. All standard plat conditions shall be adhered to.
2. No rooftop fan units shall be visible.
3. A landscape planting plan shall be required with the final
plat submission. The financial guarantee shall not be released
until after one year from the date of installation.
4. Nine foot wide parking stalls shall be approved.
5. A lighting plan shall be submitted. No direct light source
shall be visible from Highway #149 or the public streets.
6. The plat shall be subject to a parks dedication fee.
7. The developer shall submit an approved retaining wall design
prior to final plat approval.
8. The "storm sewer trunk by others" shall be designed and
constructed in accordance with City standards prior to issuance of
any building permits.
9. The developer shall be responsible for the maintenance of
the internal storm sewer system.
10. The developer shall submit an acceptable erosion/sediment
control plan prior to final plat approval.
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