04/07/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 7, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
April 7, 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
Bob Rosene, and City Attorney Paul Hauge were present.
AGENDA
Wachter moved, Egan seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
Wachter moved, Ellison seconded the motion to approve the
minutes of the regular meeting of the City Council of March 17, 1987
with the exception on page 20 regarding Danbury Place Addition, all
members voted in favor of the application for preliminary plat
approval except Ellison who voted no, noting that lots were below
the standard lot minimum requirements.
DAKOTA COUNTY TAX ABATEMENTS
Mr. Peterson of the Dakota County Assessor's office was present
and recommended approval of the abatement of real estate taxes for
the Raas property, Parcel No. 1020-02 with estimated market reduced
from $110,800.00 to $91,600.00 and assessed valuation from
$24,524.00 to $19,148.00 for 1986 taxes, payable in 1987; and the
Dee property, Parcel 010-01 with market value reduced from
$106,300.00 to $76,500.00 and assessed value reduced from $26,514.00
to $18,170.00 for 1986 taxes, payable in 1987. Egan moved, Smith
seconded the motion to approve the abatements as recommended. All
voted in favor.
ADVISORY PARK & RECREATION DEPARTMENT
1. Highview Park Skating Rink. City Administrator Tom Hedges
reviewed with the City Council a recommendation of the Park and
Recreation Commission that the City abandon continued maintenance of
the hockey building and shelter building at Highview Park and
maintain the area as an open skating area only. Smith moved, Egan
seconded the motion to authorize the removal of the hockey boards,
but that the skating house be left for up to two years, in case
there is demand for its use by the neighboring residents. All
members voted yea.
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April 7, 1987 2. Mowing Equipment. Bids have been received in conjunction
with the City of Burnsville for mowing equipment, according to Ken
Vraa, the Park Director who was present, and a recommendation was
made by the Park Department that the Toro equipment with a total
cost of $29,249.00 be purchased by the City. It was noted that the
John Deere bid was $27,979.00 in the detailed report from Mr. Vraa
dated March 31, 1987. Reasons for accepting the higher bid were
given including the lack of compatibility with the existing Toro
City-owned equipment, and the need to inventory spare parts for John
Deere if the award was approved. Egan moved, Ellison seconded the
motion to approve the recommendation of the Park Department and
award the contract for the Toro equipment at $29,249.00, based upon
the reasons in the memorandum and those given at the City Council
meeting. All voted in favor except Wachter who indicated that he
felt that the John Deere was a superior product.
POLICE DEPARTMENT
Chief Jay Berthe was present. The traffic accident report that
was submitted by the Police Department concerning the more heavily
traveled intersection of the City was discussed. No specific action
was taken.
FIRE DEPARTMENT - FIRE STATIONS NO. 4 AND NO. 5
The City Administrator introduced the general topic regarding
the proposed acquisition of land for fire stations No. 4 and No. 5,
the construction of the fire stations and equipment for each of the
stations. He stated that the date for a bond referendum and the
questions to be presented at the bond referendum were two issues for
decision by the City Council.
Fire Chief Ken Southorn presented the background of the proposed
bond issue for one or two fire stations and Mary Hustad of Arthur
Dickey & Associates Architects, also made a presentation. Ms.
Hustad described in detail the proposed building which is somewhat
similar to Station No. 3 on Pilot Knob Road. Mr. Southorn then
reviewed the estimated costs and the amount of the bond referendum
proposed.
Councilmembers indicated it was important not to confuse the
voters, especially with the land only for Station No. 5 in the first
proposed question. Councilman Ellison favored only one question to
avoid confusion and possible misunderstanding in the minds of the
electorate. Councilman Wachter stated that each location is equally
important and favored the referendum to cover acquisition and
construction of both sites. Councilman Egan noted it was easier to
educate the public on one question than two.
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April 7, 1987 - r
There was also considerable discussion concerning refurbishing
and furnishings, including equipment in each of the locations.
After extended discussion, Smith moved, Wachter seconded the motion
to schedule a bond referendum for the acquisition of land and
construction of Stations No. 4 and No. 5, together with equipment
and furnishings, as proposed, with the understanding that
refurbishing and the furnishings, including equipment will be
reviewed prior to final approval of the questions to be presented;
further, that the bond issue will cover a period of 15 years, with a
total estimated cost of $1,880,000.00. All members voted in favor.
Wachter moved, Egan seconded the motion to schedule May 28, 1987
as the bond referendum date for the fire hall referendum. All
members voted yes.
CONSENT AGENDA
The following consent agenda items were presented and recom-
mended for approval:
1. Personnel Items:
a. Engineering Technician. It was recommended that Gordon
Stauff be hired as an Engineering Technician, subject to successful
completion of the City's physical examination requirement.
b. Engineering Intern/Technician Assistant. A recommenda-
tion was made that Catherine Muewissen be hired for a temporary six-
month internship in the City of Eagan engineering department.
c. Municipal Center Receptionist (2 positions). A recom-
mendation was made that Enda Asleson and Denice Muccio Grout be
hired as receptionists in the Municipal Center, subject to success-
ful completion of the City's physical examination requirement.
d. Part-time Police Dispatcher. It was recommended that
Marlene Adam be transferred to a part-time police dispatcher posi-
tion.
e. Police Records Technician. It was recommended that the
Council approve the advertising of the vacancy for the records tech-
nician being vacated by Marlene Adam in the Police Department.
f. Maintenance Facility - Secretary. The staff recommended
the hiring of Nancy Bailey as the maintenance facility secretary,
subject to the physical exam requirement fulfillment.
g. Seasonal Park Maintenance Worker. Dave Wills was
recommended to be hired as a temporary seasonal park maintenance
worker.
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April 7, 1987 - -IR
h. Utility Maintenance Worker. Robert Zwiener was
recommended to be hired by the City as a utility maintenance worker,
subject to physical examination requirements.
2. Plumber Licenses. A schedule of applicants for plumber's
licenses in the City was submitted and recommended to be approved.
3. LaFonda's Restaurant - Manager. The application from Randy
Paul Ringsby as the new manager of LaFonda's Restaurant for purposes
of issuance of a liquor license for LaFonda's was submitted and
recommended to be approved. Chief Berthe was requested to acquire
all additional application information from the applicant.
4. Resolution - Regarding Commercial Recycling. A Resolution
allowing businesses to take advantage of private sector recyclers
able to provide office paper and corrugated cardboard recycling was
submitted and recommended to be approved. R 87-12
5. Norwest 2nd Addition - Easement Vacation. A Petition was
received from the property owner of Lot 1, Block 1, Norwest 2nd
Addition to vacate the existing drainage and utility easement for
the existing sanitary sewer service to the bank facility, at the
northeast corner of Yankee Doodle Road and Pilot Knob Road. It was
recommended that the Petition be received and that a public hearing
be scheduled for May 5, 1987 at 7:00 p.m. at the Municipal Center.
6. Fairway Hills - Final Plat. It was recommended that the
Council approve the final plat of Fairway Hills and authorize the
Mayor and City Clerk to execute the related documents. R 87-13
7. Chapel Hill Baptist Church - Project #499. It was
recommended to the Council that it receive the petition for Project
#499 consisting of the Chapel Hill Baptist Church utility
improvements and authorize the preparation of the feasibility report
and the plans and specifications.
8. Briar Oaks of Apple Valley - Project #500. A petition had
been received requesting installation of trunk sanitary sewer
facilities to service the Briar Hills of Apple Valley Addition, to
provide for a sewer extension across property adjacent to Apple
Valley in the City of Eagan. The recommendation was made that the
petition for Project #500 be received and the consulting engineer be
authorized to prepare a feasibility report.
9. Eagandale Center Industrial Park 8th Addition - Project
#501. The recommendation was made to receive the petition for
Project #501 consisting of watermain improvements in Eagandale
Center Industrial Park 8th Addition and authorize the preparation of
a feasibility report and plans and-specifications by the consulting
engineering firm.
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10. Lexington Square 6th Addition - Final Plat. The final plat
application for Lexington Square 6th Addition was presented and it
was recommended that it be approved, subject to compliance with all
city requirements. R 87-14
11. Burr Oak Hills Addition - Final Plat. The final plat
application submitted by Keith Harstad for approval of Burr Oak
Hills Addition was brought before the Council. It was noted that
not all conditions had been complied with, including the dedication
of park land, which will be required prior to release of the final
plat. Mr. Colbert stated that only a portion of Burr Oak Hills was
being final platted at the present time. There is no time frame
regarding the completion of the other phases. It was recommended
that the final plat application be approved, subject to compliance
with all City requirements. R 87-15
12. MnDOT Speed Study Authorization - Resolution. A Resolution
with several streets within the City requiring speed limit
designations was submitted and the staff engineering department
recommended the Council approve the resolution requesting MnDOT
perform a speed study for speed limit designations of miscellaneous
streets within the City, including a portion of Denmark Avenue, Town
Centre Drive, Ashbury Road, Lone Oak Parkway and Northwest Parkway.
Egan moved, Wachter seconded the motion to approve the foregoing
consent agenda items and authorize the staff and the appropriate
officials to complete all required documentation. All
councilmembers voted affirmatively.
R 87-16
BLACKHAWK PLAZA - CONDITIONAL USE PERMIT
The application of Blackhawk Plaza, Inc./Steve Ramsey for
conditional use permit to allow gas pumps in a Neighborhood Business
district, and for the separation of pumps and service bays came to
the Council. The Advisory Planning Commission recommended denial of
the application. Mr. Hedges introduced the application and noted
the letter had been sent to neighboring property owners indicating
that the City Attorney and City Administrator recommended a con-
tinuance to study certain issues in more depth, the objections of
the neighbors, and also a detailed legal memorandum submitted by
Peter Stalland to the City, several days prior to the Council
meeting. City Attorney Paul Hauge explained that a number of
technical issues were raised by Mr. Stalland in his letter and that
because Tom Thumb is intended to be the tenant to utilize the gas
pumps, that the City_ should be in a defensive posture to avoid a
successful challenge of its final decision. He noted objections
regarding landscaping, berming, lighting and also that a change in
the location of the gas station from the preliminary plat was also
now being proposed with the conditional use permit application.
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April 7, 1987
Councilman Wachter was concerned about the area along Blackhawk
Road being a sensitive area, the berming being cut down, landscaping
less and the fact that the gas pumps were separated from the
proposed service bays and that the location of the gas pumps along
Blackhawk Road was an undesirable setting. Mayor Blomquist cited
the landscaping concerns of the neighboring property owners and
suggested a continuance.
Austin McDevitt of 4165 Blackhawk Road had questions about the
change of the plans, and also the safety problems that may arise
from having a gas station along Blackhawk Road. He also questioned
whether the lighting would be directed away from the residential
area. John Wells, a neighboring property owner raised issues
regarding,the lighting and landscaping to be installed prior to
construction and recommended that the berms be put in before further
construction takes place. He presented pictures of the neighborhood
showing the building under construction and its potential impact on
the neighboring residents.
Peter Stalland made a presentation on behalf of the applicant
and stated that the applicant will comply with all requirements of
the City and that the plans will be carried out as originally
presented. His position was that the applicant is entitled to
approval of the conditional use permit and that the applicant will
provide for indirect lighting. He further indicated that at least
10,000 square feet of the property has been leased, and all
ordinance requirements will be fulfilled.
Councilman Smith noted the deviations from the preliminary plat
approval for the gas station site and recommended that an additional
meeting be held with the neighbors to determine whether there are
any issues that are not being complied with, he further pointed out
a very serious change in the development plan and recommended a
delay in the Council's consideration.
Marty Rosales, a neighboring owner, raised questions about the
gas pumps originally oriented toward County Road #30 rather than
along Blackhawk Road. The distance of the gas pumps and gas tanks
from the residential homes was also a concern. Sharon Hanson, an
owner on Blackhawk Road, appeared and had questions about the width
of the berming when Blackhawk Road is widened and suggested
determining that before further action was taken by the Council.
Council Ellison asked why the gas pumps were relocated and Mr.
Stalland stated the demand for gas service has changed since the
original approval and upon question, answered that he did not expect
the landlord could find a tenant for a gas station along County Road
#30. Mr. Stalland requested a City Attorney's opinion on the
legality of the application.
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April 7, 1987
Wachter moved, Smith seconded the motion, based upon the
foregoing discussion and the reasons described above, to continue
consideration of the application until the next regular meeting;
further, that the staff study the issues that have developed and the
City Attorney be further directed to investigate the technical
issues, including the Development Agreement. All voted in favor.
REFUNDING - GENERAL OBLIGATION & WATER REVENUE BONDS
The City Administrator discussed with the City Council members
the proposed refunding of certain general obligation and water
revenue bonds of the City. The Director of Finance and City
Administrator had met with representatives of Miller & Schroeder and
recommended, based upon information received to date, that the
Council continue indefinitely consideration of the refunding. Smith
moved, Ellison seconded the motion to accept the recommendation.
All voted yea.
SUPER AMERICA - VARIANCE FOR CANOPY
The application of Super America, Inc. for a 17 foot canopy
setback variance on Pilot Knob Road and Yankee Doodle Road came to
the Council. The canopy, considered a building structure, has a 50
foot setback requirement and a 33 foot setback along Pilot Knob Road
is proposed. The canopy would cover the proposed gas pump pylon
with 5 pumps and the parking/drive lane setback would not be
affected by the request.
Mr. Runkle indicated the proposal of Super America is that they
would substantially increase the perimeter landscaping in return for
the variance. It was noted the asphalt is already in and Smith
moved, Egan seconded the motion to approve the recommendation,
noting that the additional landscaping will be important to the site
and that it be subject to a striped "no parking" area to allow an
uninterrupted drive isle, according to the plan. All voted yea.
Bob Johnson, attorney, and other representatives of Super
America were present.
RAHN RIDGE ADDITION - VARIANCE - LOT 6, BLOCK 3
An application of Calvin Hedlund and Steven Johnson requesting a
2 foot variance on Parcel B and 5 foot variance on Parcel A for
duplex family homes located on Lot 6, Block 3, Rahn Ridge Addition
was brought to the Council. Mr. Runkle explained that the building
department had contacted the developers, indicating that they were
encroaching on the setback and noted that the initial construction
plans for the property called for a deck for both parcels, whereas
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April 7, 1987
the owners have converted decks into three season porches, requiring
variances from the setbacks. Councilman Egan stated that there were
several alternates, including shaving the corners, tearing down the
encroachments or approving the request and keeping a record of the
occurrence. Mr. Hedlund was present on behalf of the applicant.
Smith moved, Ellison seconded the motion to approve the
application, with the understanding that a record will be kept by
the City concerning such violations, and noted that the structures
have already been constructed. Those in favor were Ellison, Egan
and Smith; those against were Blomquist and Wachter. Mr. Wachter
stated that he voted against because the builder should be more
observant.
CEDAR GROVE 2ND ADDITION - EDWARD GALLAGHER
LOT 16, BLOCK 5 - VARIANCE
An application from Edward L. Gallagher for 9 foot front setback
variance for front entry and attached garage for a single family
home located on Lot 16, Block 5, Cedar Grove 2nd Addition was
brought to the Council for its review. Dale Runkle introduced the
application briefly and the applicant was present. There were no
objections and Wachter moved, Egan seconded the motion to approve
the application, noting the hardship involved. All voted
affirmatively.
GREENSBORO FIRST ADDITION - MICHAEL MARXER
LOT 1, BLOCK 1 - VARIANCE
An application was submitted by Michael Marxer requesting a 4.35
foot building setback variance along Wescott Road in the Greensboro
First Addition for Lot 1, Block 1. The lot has front yard setbacks
on two streets, 50 feet along Wescott and 30 feet along Greensboro
Drive would be required according to ordinance. There were no
objections and Smith moved, Egan seconded the motion to approve the
application, subject to compliance with all other city requirements.
All members voted yea.
SUN CLIFF 3RD ADDITION - LOT 5, BLOCK 1 - WAIVER OF PLAT
An application was submitted by Advance Developers for waiver of
plat to allow a duplex lot split on Lot 5, Block 1, Sun Cliff 3rd
Addition. The proposal was to split 3 duplex lots for individual
ownership, including Lot 5, Block 1, and Lot 4, Block 1. There
being no objections, Wachter moved, Egan seconded the motion to
approve the application. All voted yes.
R 87-17
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April 7, 1987
COLDWELL BANKER - SPECIAL PERMIT - DIRECTIONAL SIGN
An application of Coldwell Banker to allow two 4 foot by 8 foot
directional signs, located adjacent to Cliff Road directly across
from Ches Mar Drive was brought to the Council. Mr. Hedges
indicated that at the March 31, 1987 special council workshop
session, direction was given that no additional advertising signs
will be allowed, and further, that existing advertising signs will
be phased out during the following two years. After discussion,
Egan moved, Ellison seconded the motion to deny the application,
noting the present policy. There was no appearance by the
applicant. All members voted in favor.
CLEARVIEW ADDITION - JAMES UNKER - WAIVER OF PLAT
An application of Mr. and Mrs. James Unker for waiver of plat to
split Lot 10, Block 3, Clearview Addition into two separate one-half
acre parcels next came to the Council for its review. The Advisory
Planning Commission recommended approval of the lot with certain
modifications. Dale Runkle described the application and stated
that he understood the engineering issues had been resolved. Mr.
Colbert recommended the trunk area storm sewer assessment be levied
and that sanitary sewer and water services be installed to the lot
line of the newly created lot. Mr. Unker agreed with the storm
sewer assessment and attorney Brad Smith was present on behalf of
the Unkers, stating that the applicant was uncertain as to where the
house would be located and preferred to install the services at a
later time but would allow permission to bring the sewer and water
under Cliff Road to the lot line. He discussed conditions 6, 7, 9,
and 10 and stated they were agreeable with the soil condition
investigation report.
Mr. Colbert was concerned about future sale of the lot without
notice to a new property owner and possibility of a requirement of
an easement from the Gil Amundsons to the west. Councilman Wachter
suggested an easement be required through the Amundson property on
the west, and there was also discussion concerning the need for
grading. Mr. Unker stated that he would grant the necessary
easement and would also be willing to do the fill at the present
time.
Smith moved, Egan seconded the motion to approve the application
for waiver of plat, under the following conditions:
1. All applicable Code requirements shall be adhered to.
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April 7, 1987
2. Any further divisions of Lot 10 will require a replatting
process.
3. This waiver shall be subject to a parks dedication fee.
4. Either a permanent and/or construction easement shall be
obtained, if necessary, from Lot 9, or a county utility permit shall
be obtained to allow construction of the required water service for
the newly created lot.
5. A sanitary sewer service easement shall be dedicated over
the southeast portion of Lot 10 as required to provide sanitary
sewer service to the newly created parcel (west half).
6. A drainage and utility easement shall be dedicated and a
storm sewer outlet shall be constructed from the existing low
drainage basin on the west side of Lot 10 to the Woodgate Pond (BP-
22) to the north, or in the alternative, the property shall be
filled and graded as a condition of approval, according to the
grading plan acceptable to the City to provide natural storm water
drainage into the pond to the north.
7. A restrictive access control easement shall be dedicated to
Dakota County across the entire frontage of Lot 10 with the
exception of the existing driveway access location, with the allowed
access to be up to 20 feet wide, subject to County approval.
8. A cross easement shall be provided and approved by City
staff allowing common use of the existing driveway for both newly
created parcels.
9. Minimum floor elevation of the new home shall be established
at 940.0, if a gravity line is installed. In the alternative, if a
pumped line is installed, there shall be no minimum floor elevation.
The sanitary sewer service construction shall be properly insulated.
10. A soil investigation report shall be prepared verifying
adequate soils to accommodate a new building site,, prior to
construction.
11. This development shall be responsible for any outstanding,
unlevied or deferred assessments or other financial obligations
associated with this development at the rates in effect at the time
of final approval.
12. Sanitary sewer and water services shall be installed to the
lot line of the newly created lot as a condition of approval.
All members voted yes.
R 87-18
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April 7, 1987 -
OVERVIEW 2ND ADDITION - PRELIMINARY PLAT
The application of Dunn Real Estate for preliminary plat
approval of Overview 2nd Addition consisting of an 0.98 acre lot
located on the west side of Dodd Road, north of Golden Meadow Road
in the Overview Addition came to the Council. Mr. Hedges explained
the request of the neighboring property owners that the lot be
acquired for park purposes and noted that the Park Committee was not
in favor of its being used for park land, but had requested a park
trail in the general location. Ed Dunn was present for the
applicant. Egan moved, Wachter seconded the motion to approve the
application, subject to the following conditions:
1. All standard plat conditions shall be adhered to.
2. Driveway access onto Dodd Road shall be allowed.
3. Appropriate common side and rear lot line easements shall be
dedicated for Dodd Road.
4. A 50 foot half right-of-way shall be dedicated for Dodd
Road.
5. This lot shall be subject to a parks dedication fee.
6. All final assessment obligations will be calculated based on
the final quantities contained in the final plat and in accordance
with the rates in effect at the time of final plat approval.
7. The drainage in the area shall be reviewed and resolved
prior to final plat approval.
8. The park and trail concerns of the Park Committee shall be
also be resolved prior to final plat approval.
Several neighboring owners were present with concerns
particularly about drainage problems over an adjacent lot.
All voted in favor. SEE PLAT FILE
FLOUR BIN 1ST ADDITION - CONDITIONAL USE PERMIT
An application by Madison Pizza for conditional use permit for
drive-through facility, pylon sign and beer sales, located on Lot 2,
Block 1, Flour Bin 1st Addition on Cliff Road came to the Council.
The intended use is a Rocky Rococo Pizza Restaurant and it was noted
that the Advisory Planning Commission recommended approval at its
meeting on March 24, 1987. Dale Runkle reviewed the application and
noted the application for the - sign is 293 square feet but
recommended 125 square feet maximum.
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April 7, 1987
The Planning Commission recommended removal of some of the
curbing for better circulation but did recommend approval of the 280
foot sign spacing. Egan moved, Wachter seconded the motion to
approve the application for conditional use permit application for
3.2 beer and also for the drive-through restaurant, subject to
conditions that a revised landscape plan be submitted prior to
building permit inspection, the financial guarantee shall be
included and not released until one year from the installation date,
and landscaping and fence shall be installed at the present time.
All voted yes.
A neighboring property owner to the south was present and had
concerns about people walking on their property and recommended the
fence be installed. Staff was further requested to contact the
Flour Bin owners concerning the complaints and to attempt to
persuade them to install a fence dividing the Flour Bin and the
property to the south. Dan Rooney, the Rocky Rococo real estate
manager, was present.
Egan moved, Ellison seconded the motion to approve the
application for conditional use permit for sign including a maximum
125 square feet area, with 27 foot maximum height and 10 feet from
the property line with the understanding that not less than 280 foot
spacing would be permitted because of the lot spacing. All voted in
favor.
KILLDEER ADDITION - WAIVER OF PLAT
The application of Joyce and Rueben Meissner for waiver of plat
to split Lot 4, Block 1, Killdeer Addition for separate ownership
was brought to the Council. The division would create two parcels,
including Parcel A of 42,830 square foot and Parcel B of 16,650
square foot parcel. There is currently a single family home on
Parcel B. Dale Runkle provided information and the applicants were
present. Wachter moved, Egan seconded the motion to approve the
application, noting the Advisory Planning Commission recommended
approval at its meeting on March 24, 1987, subject to the following
conditions:
1. All applicable code requirements shall be adhered to.
2. A soil investigation report shall be prepared to verify
existing soil conditions prior to construction on Parcel A.
3. Prior to approval of the waiver of plat, adequate storm
sewer shall be constructed. Storm sewer construction shall be
subject to approval by MnDOT as well as the City of Eagan.
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April 7, 1987
4. Sanitary sewer and service easements shall be provided
across Parcel A to serve Parcel B.
5. The developer of Parcel A shall submit an approved grading,
drainage and erosion control plan prior to improvement.
6. Restricted access control shall be dedicated across the
entire frontage of Lots 4 and 5.
7. A 50 foot by 50 foot driveway easement shall be provided for
access off S.T.H. #149.
8. Prior to the approval of the waiver of plat, the existing
driveway which serves the two existing houses shall be upgraded to a
28 foot wide bituminous roadway with concrete curb and gutter.
9. The existing common driveway opening shall be upgraded to a
32 foot wide entrance with 30 feet radii.
10. Appropriate drainage and utility easements shall be
provided to accommodate future storm sewer.
11. All NB building and parking setbacks shall be maintained
for Parcel A when developed.
12. The developer shall be responsible for obtaining a 15 foot
driveway easement from the owner of Lot 5 to the south.
All voted affirmatively. R 87-19
WESCOTT SCHOOL SITE - REZONING & PRELIMINARY PLAT
The application for rezoning of the Mueller School Site, ISD
#196 consisting of 28.43 acres to Public Facilities, Comprehensive
Guide Plan Amendment and preliminary plat approval for an4elementary
school and city park, located on Wescott Road was brought to the
Council for its review. Dale Runkle noted the Advisory Planning
Commission had recommended approval, subject to conditions and there
were no objections to the application. The City will enter into a
joint usage agreement to develop the 28.43 acre parcel with
Independent School District #196. The City will own 10 acres and
ISD #196 will own 18.43 acres. A land exchange between developers
of Sunrise Hills and the School District will provide more athletic
field area in exchange for needed single family lot. Egan moved,
Wachter seconded the motion to approve the application for rezoning
and comprehensive guide plan revision. All voted yes.
Egan moved, Smith seconded the motion to approve the application
for preliminary plat, subject to the following conditions:
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April 7, 1987
1_7t I"!
1. All standards plat conditions shall apply.
2. All land swaps between the City and School District shall be
completed prior to final plat.
3. All necessary ponding easements shall be provided to the HWL
as outlined in the City's Report.
4. Utility easements necessary to extend storm sewers from the
proposed Sunrise Hills and Woodlands Addition shall be provided.
5. The required permit from the DNR shall be secured prior to
construction on Pond JP-32.
6. Storm sewer constructed across the Williams Pipeline shall
be coordinated with Williams Pipeline Company.
7. This development shall dedicate a 50 foot, half right-of-way
for Wescott Road.
8. Water main looping as recommended shall be provided.
9. This development shall adhere to erosion/sediment control
measures as outlined in Exhibit "A".
10. A detailed landscape plan shall be a part of the final
package. If a phasing plan is used, all parking and service areas
for the building shall have phase I status.
All members voted affirmatively. SEE PLAT FILE
SAFARI AT EAGAN SHOPPING CENTER - REPLAT
The application of Linvill Properties, Inc. for replat of Lots 1
through 4, Block 1, Safari at Eagan, into Thomas Lake Center, came
next to the Council for its consideration. The Advisory Planning
Commission recommended approval subject to certain conditions. Dale
Runkle make a presentation and explained the changes from the 1981
proposal, noting the original proposal included an 83,000 square
foot multi-use building, whereas currently, the plan is for a 42,000
square foot strip center. The service area will be provided along
the north side of the building, but the building will have frontage
on all four sides and therefore a common sign band was recommended.
Dave Sellergren appeared for the applicant, as well as Ralph Linvill
and Mark Riling. J. D. McRae, the architect, was also present and
described the proposal to the council, including the adjoining lots
that could be used for restaurant or other commercial purposes. Mr.
Sellergren noted that the owner agrees to comply with virtually all
conditions of the Planning Commission but noted the following
issues:
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Council Minutes
April 7, 1987
1. The half right-of-way 75 foot dedication along Cliff Road
has been completed.
2. Regarding parking, each lot must fulfill its own parking
requirement and therefore condition 2 regarding parking could be
removed. Mr. Runkle stated that Lot 1 has adequate parking so that
the No. 2 condition can be removed.
3. The architect described the layout for the strip center and
noted that 2 trash areas will be included within the building with
overhead doors.
4. The Planning Commission recommended that no roof top units
be provided, but Mr. Sellergren stated that all comparable buildings
in Eagan recently developed, have roof top units. A parapet about
12 inches will extend above the building line and he claimed the
site line from Safari, which is depressed, would not be adversely
affected, nor would.it be from Cliff Road.
The north side is intended as a service side of the building and
it was suggested by Councilman Smith that the Safari Blvd. name be
changed because of confusion with the Safari residential subdivision
to the southwest. The plan is to be open in October of 1987,
according to the applicants, and they further stated they can comply
with all the Soil Conservation Service recommendations. There are
no plans for gas pumps on the site, according to Mr. Sellergren.
Sign banding is important to the project according to Mr. McRae
and will be uniform around the building.
Smith moved, Wachter seconded the motion to approve the
application, subject to the following:
1. All standard plat conditions shall be adhered to.
2. A financial guarantee shall be submitted with the final
landscape plan and not released until after one (1) year from the
installation completion date.
3. This plat shall be responsible for trails along Cliff Road
and Thomas Lake Road.
4. This plat shall be reviewed by the Advisory Parks and
Recreation Commission for their recommendations.
5. Roof top fan -units shall be allowed, provided they are
painted and properly screened, with the plan to be brought to the
City Council for final review before the final plat is approved.
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April 7, 1987 -
6. Trash disposal areas shall be incorporated within the
building on Lot 1.
7. All lots shall have site plan review and approval by the
Council prior to building permit issuance.
8. The sign band shall be uniform on all sides of the building.
9. All signage is subject to a one time sign fee of $2.50 per
square foot.
10. All of the perimeter landscaping shall be installed with
the first phase construction.
11. All drainage and ponding easements required by the City of
Eagan shall be dedicated on the final plat. A minimum 20 foot
easement shall be dedicated for all utilities not located within
public right-of-way. All other drainage and utility easements shall
be dedicated as required by staff as a part of the final plat.
12. All permits required by local, County, Regional and State
agencies shall be acquired prior to final plat approval.
13. This development shall be responsible for all the
additional assessments required with this proposal as determined by
the rates in effect at the time of final plat approval.
14. This development shall comply with all applicable standard
engineering conditions.
15. If public improvements are to be installed under City
contract, the appropriate improvements shall be ordered for
installation by Council action prior to final plat approval.
16. If public improvements are installed privately, plans and
specifications for improvements must be prepared by a,registered
engineer in accordance with City designed guidelines.
17. All costs of internal public improvements within this
development shall be the sole responsibility of this development.
18. A 75 foot half right-of-way shall be dedicated for Cliff
Ro ad .
19. The temporary drainage issue in regard to the upgrading of
Cliff Road shall be resolved prior to final plat approval.
All members voted yes.
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April 7, 1987 -
OAK CLIFF ADDITION - PLANNED DEVELOPMENT AMENDMENT & REZONING
An application of Richard Winkler for rezoning of the Oak Cliff
Addition consisting of Lot 1, Block 2, and Lots 7 and 8, Block 1,
Oak Cliff Addition with planned development amendment was brought to
the Council. The Advisory Planning Commission recommended approval
of the application, subject to certain conditions. Mr. Hedges and
Mr. Runkle reviewed the application and it was noted the intention
is to down-zone the property for single family purposes. There were
no objections. Ellison moved, Wachter seconded the motion to
approve the application for rezoning and amendment to the Planned
Development Agreement, subject to the execution of a draft amendment
to the Planned Development Agreement. All voted yes.
WALLY NELSON - LOT 4, CARLSON ACRES - REZONING
An application of Wally B. Nelson and Michael Nelson for
rezoning approximately 1.38 acres from R-1 (Residential Single) to
LB (Limited Business) and preliminary plat approval to allow two
11,520 total square foot office buildings. In addition, a
Comprehensive Guide revision would be required. The Planning
Commission recommended denial of both applications, according to Mr.
Runkle. The City Planner further stated that a Comprehensive Guide
revision is an important issue. Representatives of the applicant
were present. There will be no access to Pilot Knob Road, and Hans
Timper, architect of Cedar Corporation, presented the proposal to
the City Council. He argued that there is a legal non-conforming
use that has consisted for over 25 years, and stated that parking
would comply and that the proposal is to remove all buildings with
one office to replace the building. There would be no material or
equipment storage on the site.
Mr. Timper also stated that it was his opinion that LB is
compatible with the adjoining R-1 and also with the heavy traffic
anticipated at the corner. He noted that there were past drainage
problems but indicated they would be corrected and this is the
proper time to consider rezoning.
One access from Diffley Road will serve two lots, according to
Mr. Timper. Gail Stahl, an owner to the south, had objections to
the drainage problems that she stated persisted since 1980 when a
garage was built on the Nelson site. Further, she noted that a
survey that she had prepared indicated the Nelsons had stored
material on her property and she also had questions concerning the
grandfather non-conforming use. She objected to the commercial use,
as did Miriam Nall, another neighboring owner. Noise from machines
and odor from diesel fuel have been a problem for neighboring
owners. They objected to the proposed use, including the heavy
traffic from the office building.
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Council Minutes
April 7, 1987 ,r
Dale Nathan, attorney for the Nelsons argued that it was a busy
intersection and recommended approval.
Jim DelGreco, another adjoining owner on Sequoia, objected to
the office building being too close to the residential homes and
stated that he spoke for other objecting neighboring owners. Water
problems would be increased according to Mr. Delgreco.
Councilman Wachter stated that he was personally familiar with
Mr. Nelson and had him do some sub-contract work for him but
indicated that he had no reason to believe that he could not vote on
the issue. He stated that the water will continue to run if the use
is not changed, but that the-access to the lot is not desirable.
Councilman Egan stated that it is important to look at what
exists at the present. Is the proposed use consistent and there
must be adequate reason to authorize a change in the use. The plan
has always been that Pilot Knob Road and Diffley Road would be a
very busy intersection and basically, there is no change in the plan
for the intersection, according to Egan.
Councilman Egan moved to deny the application for reasons
including those stated above and the following:
1. The proposed rezoning to Limited Business is contrary to the
Comprehensive Guide use and it would not be prudent to make a change
in the Comprehensive Guide.
2. The Nelsons did not make a request during the Comprehensive
Guide Review process in 1985 and 1986 to redesignate the property to
a commercial use.
3. There have been no material change in circumstances or any
showing of any mistake in the original designation of the site as
residential.
4. It has long been anticipated that the corner would` be a busy
corner and there have been no change in conditions.
5. There is no showing of need for the office use in that
particular location.
6. To rezone, would set an adverse precedent on the adjacent
property owner and also in other areas of the City.
7. The current R-1 zoning is consistent with the surrounding
property and it would provide for spot zoning and create an adverse
impact on the surrounding residential owners and would further
create additional traffic problems.
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Council Minutes
April 7, 1987
8. The neighboring property owners have relied upon the
property remaining single family residential and there have been
strong objections to the rezoning by neighboring property owners.
Councilman Smith seconded the motion, noting that if the Council
were to approve such applications, that it would be desirable for
property owners to create a nuisance to in effect force the council
to allow the rezoning, noting the problems that have taken place on
the site, created by the expansion of the non-conforming commercial
use through the years which have been objected to by the City and by
the neighbors.
Councilman Ellison stated that there would be an adverse effect
on the surrounding neighbors by rezoning and he would not want to
live in adjacent homes. Wachter stated that the office buildings
would be an improvement and correct the water problem, but the Guide
Plan is very important. Mayor Blomquist was also strongly opposed
for the same reasons that were described above. All members voted
in favor except Wachter who voted no.
LEMAY LAKE HILLS TOWNHOUSE PROJECT - REPLAT
An application was submitted by the owners of the Lemay Lake
Hills Townhouse project on Pilot Knob Road for replat to convert the
project from rental to owner-occupancy status. There are no changes
in the project, but according to Mr. Runkle, the intention is simply
to convert the plat to provide for single lots for owner/occupancy.
Wachter moved, Egan seconded the motion to approve the application,
subject to City requirements. All voted yes.
PUBLIC IMPROVEMENT CONTRACT
1. Contract #87-11 - Greensboro 2nd Addition. The recommenda-
tion was submitted to approve the plans for Contract #87-11
consisting of street and utility improvements in Greensboro 2nd
Addition and authorize the advertisement for bid opening to be held
at 10:30 a.m. on Friday, May 1, 1987.
2. Contract #87-12 - Lexington Square 6th Addition - Northview
Park Road. It was recommended that the council approve the plans
for Contract #87-12 consisting of street and utility improvements in
Lexington Square 6th Addition and Northview Park Road and authorize
the clerk to advertise for bids to be opened at 10:30 a.m. on
Friday, May 1, 1987.
3. Contract #87-14 - Eagan Hills Farm - Country Hallow. The
staff recommended that the Council approve the plans for Contract
#87-14 which covers the trunk sanitary lift station for Eagan Hills
Farms/Country Hallow and authorize the ad for bids to be placed in
the legal newspapers with an opening to be held at 10:30 a.m. on
Friday, May 1, 1987.
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Council Minutes
April 7, 1987 -
4. Dakota County Contract #32-18 - Cliff Road & Galaxy-
Blackhawk Road Traffic Signals. The staff recommended the City
Council approve the plans for County Contract #32-18 consisting of
traffic signals at Cliff Road and at Galaxy-Blackhawk Road and
authorize the Mayor and City Clerk to execute the applicable
resolution.
5. Contract #85-5 - Cedar Industrial Park - Trunk Storm Sewer
and Streets. The recommendation was made by the staff to the
Council members that they approve the 11th and final payment for
Contract #85-5 consisting of trunk storm sewer improvements and
street improvements in the Cedar Industrial area under Contract #85-
5 in the amount of $9,582.35 to ARI Contracting and accept the
improvements for perpetual maintenance.
6. Contract #87-1 - Park Construction for Six Parks. The staff
submitted and recommended to the Council that it approve the plans
and specifications for Contract #87-1 concerning park construction
in six different parks in the City and to schedule an advertisement
for bids for opening on May 1, 1987 at 2:00 p.m. at the Municipal
Center.
7. Contract #87-13 - Park Shelter Buildings. The plans and
specifications have been completed for the park shelter buildings in
four parks, including Quarry, Carnelian, Walnut Hill and Blue Cross
Parks. It was recommended that the plans and specifications be
approved and that the Clerk be directed to advertise for bids for
the project to be opened on April 30, 1987 at 2:00 p.m. at the Eagan
Municipal Center.
8. Contract #86-2 - Nicols Road. A supplemental agreement to
change order No. 3 consisting of 4 parts was recommended to be
approved and to authorize the Mayor and City Clerk to execute the
related documents.
9. Contract #86-23 - Holland Lake Trunk Storm Sewer Outlet -
Change Order No. 2. Change Order No. 2 consisting of three parts
including an addition of $1,500.00 for Part A, $2,000.00 for Part B,
and $1,425.17 for Part C for a total of $4,925.17 was recommended to
be approved.
Smith moved, Wachter seconded the motion to approve the
foregoing recommendations and authorize their implementation. All
members voted in favor.
PRIVATE IMPROVEMENT CONTRACTS
1. Contract #83-F - St. Francis Woods 3rd Addition. The staff
recommended that the Council approve Contract #83-F consisting of
the St. Francis Wood 3rd Addition improvements and accept the
privately installed improvements for perpetual maintenance.
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Council Minutes
April 7, 1987 -
2. Contract #85-D - Westbury 4th Addition. The final work has
been completed for the Westbury 4th Addition improvements and the
staff recommended Contract #85-D be approved and accepted for
permanent maintenance.
3. Contract #85-Q - Blackhawk Townhouse Apartments. The
request for final payment has been submitted for Blackhawk Townhouse
Apartment improvements and the staff recommended acceptance for
perpetual maintenance and approval.
Smith moved, Wachter seconded the motion to approve the
foregoing recommendations of the staff and authorize them to be
implemented as described. All members voted yes.
LEXINGTON SQUARE 3RD ADDITION - BUILDING PERMIT
A request was received from Meritor Corporation for a building
permit for Outlot A, Lexington Square 3rd Addition. Larry Frank was
present and noted that the Outlot will be incorporated into the
proposed Danbury Addition as Lot 10, Block 2 and that the final plat
will be processed within the next 60 days. The public works and
building inspection departments had no objections to the request.
Smith moved, Wachter seconded the motion to approve the application,
subject to compliance with staff requirements and further, that no
occupancy will be approved until the final plat has been approved.
All voted in favor.
NORGAS - VARIANCE
An application of Norgas Propane Company for building permit to
reconstruct its office facility near Highway #13 was next heard,
The applicant had previously received a 19 foot variance for its
front yard setback and a representative of Norgas was prevent. Dale
Runkle briefly reviewed the application and there were no
objections. Wachter moved, Egan seconded the motion to approve the
variance, noting the hardship, based upon the recent fire in the
facility, pursuant to compliance with other city requirements. All
voted positively.
BRIDLE RIDGE ADDITION
Rod Hardy and Dave Sellergren appeared on behalf of Sienna
Corporation to discuss informally with the City Council a proposed
revision to the Bridle Ridge Addition, which would provide for
clustered units, reduced sizes for some lots and also open space
between platted lots which would be controlled by a homeowners
associations. Restrictive covenants would be imposed and there was
discussion concerning the need to amend the preliminary plat. There
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Council Minutes -
April 7, 1987'-
would be no change in the number of lots but there would be more
undersized lots, and more cul-de-sacs. There were questions about
procedure and some of the aspects of the proposal, with no formal
action being taken. Some Councilmembers had objections to
additional cul-de-sacs and the down-sizing of certain lots.
FAIRVIEW RIDGES HOSPITAL - 24 HOUR FACILITY
The City Administrator discussed informally with the City
Council, the request of Fairview Ridges Hospital which is intending
to construct a 24 hour health care facility in the City regarding
proposed locations for the facility. The proposed Pondview site on
the west side of Pilot Knob Road is the preferred site by Fairview,
with visibility and signage in addition to room for expansion being
important issues. Office space for doctors adjacent to the parcel
also was important to Fairview Ridges. No formal action was taken.
SPERRY WATER RESERVOIR - RADIO ANTENNA
Public Works Director Tom Colbert discussed with the City
Council a request by Unisys Corporation to allow the installation of
a radio communication antenna on the Sperry Reservoir east of Pilot
Knob Road. The City's radio communication consultant suggested
detailed specifications to insure no interference with the City's
radio communication system or any other potential private user.
Because of these specs, Unisys has indicated that it would be very
expensive to comply with them and requested the issuance of an
exclusive lease agreement to allow only the City of Eagan and Unisys
to place radio equipment on the reservoir. The issue was whether
the City wants to expand the present use of the reservoir as a
potential revenue generator for radio communication antenna, or to
restrict the usage to the City and Unisys. It was noted that the
property was donated by Unisys to the City for the use as a water
tower site only and if the City were to terminate its use, that the
property would revert to Unisys.
In addition, a question was raised as to the amount of rent to
be charged. Smith moved, Wachter seconded the motion as follows:
1. Unisys' Lease be approved with the understanding that the
Unisys equipment shall be compatible with the City's uses.
2. The rental to Unisys would be $100.00 per month.
3. It would not be a non-exclusive Lease, but that any future
users that are approved by the City Council shall be compatible with
the Unisys and the City equipment.
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Council Minutes
April 7, 1987 -
'to
4. The staff shall make recommendations concerning other sites
where comparable antenna leases could be entered into.
All members voted yes.
BLACKHAWK GLEN - PROJECT #454
The final assessment roll for Blackhawk Glen utility
improvements was completed and it was recommended to the Council
that it receive the roll and that they schedule a final assessment
hearing for May 15, 1987 at 7:00 p.m. at the Eagan Municipal Center.
Egan moved, Ellison seconded the motion to receive the roll and
schedule a public hearing for May 15, 1987 at 7:00 p.m. at the Eagan
Municipal Center. All voted yea.
GUN CLUB LAKE WMO REPRESENTATIVE
Tom Colbert reviewed with the City Council the current Eagan
membership in the Gun Club Lake WMO and noted that Diane Warner
Hood, who was appointed an alternate in September 1986, and later a
representative after Wes Lane resigned, had not been able to attend
very many of the meetings. The Councilmembers requested the staff
to make recommendations for membership with final appointment by the
City Council.
SEWER & WATER INSPECTIONS
The Public Works Director explained to the City Council problems
that have been arising regarding contractors who have not allowed
visual inspection by City inspectors of sewer and water service
installation required under City policies. He stated that some
developers back fill before the inspection has taken place. Council
reaffirmed its policy of visual inspection and directed the staff to
require the contractor to uncover the service lines in order to
complete the inspection.
BOARD OF REVIEW
Mr. Hedges noted that June 9, 1987 is the scheduled date for the
Eagan Board of Review.
SPECIAL COUNCIL MEETING - APRIL 13, 1987
A special City council meeting was scheduled for 7:00 p.m. on
April 13, 1987 at the City Hall to discuss several issues,
including building inspector interviews and a presentation from Cray
Research for a proposed development in the City.
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Council Minutes
April 7, 1987 -
DAVID RINGBERG - POLICE DEPARTMENT - RESIGNATION
Wachter moved, Egan seconded the motion to approve the
resignation of David Ringberg as a patrolman in the Police
Department. All members voted in favor.
DISCUSSION OF CURRENT LAWSUITS
Councilmembers discussed the recent action commenced by the
Bieter Company against the City, and the action brought by Good
Value Homes against the City, which has now been appealed to the
Minnesota Court of Appeals. It was suggested that the terms of the
Planned Development Agreements are important where applicable,
regarding these lawsuits. The staff and City Attorney were directed
to take all steps necessary to defend the action and pursue
necessary legal action on behalf of the City.
FEDERAL LAND COMPANY VS. CITY OF EAGAN
City Attorney Paul Hauge described an action which was commenced
within the past week by Federal Land Company against Cliff Road
Properties and the City concerning alleged damage to Federal Land
Company property on Cliff Road, adjacent to the pond, partially
owned by Cliff Road Properties. The Eagan liability carrier has
been noticed concerning defense and the defense has been tendered to
Cliff Road Properties to defend on behalf of the City.
CHECKLIST
Upon motion by Egan, seconded Wachter, it was resolved that the
checklist dated April 7. 1987 in the amount of $ 722^085,01_
be approved. All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, it was resolved that the
meeting adjourn at 1:15 a.m. All members voted aye.
PHH
City erk
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