02/03/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 3, 1987
A regular meeting of the Eagan City Council was held on Tuesday, February
3, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present
were City Administrator Tom Hedges, Public Works Director Tom Colbert, City
Planner Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City
Attorney Paul Hauge.
After the pledge of allegiance, the Mayor convened the meeting at 6:30
P.M. It was noted the Burnsville/Eagan Cable Television was broadcasting the
meeting live over the cable T.V. system. It was further noted that a Court
reporter was present at the request of The Bieter Company, and was recording
the Council meeting.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
distributed. All voted in favor.
MINUTES
Wachter moved, Ellison seconded the motion to approve the minutes as
distributed. All voted yea.
FIRE STATION # 4 - ARCHITECT SELECTION
City Administrator Tom Hedges reviewed with the City Council, the
selection that the Architectural Committee had made for an architect for Fire
Station # 4. The recommendation was that Arthur Dickey Architects located at
4930 France Ave. South, Minneapolis, Minnesota be selected as the architect.
Fire Chief Ken Southorn was present and also recommended approval of Arthur
Dickey Architects, as did Councilman Wachter. Wachter moved, Egan seconded
the motion to approve the selection of Arthur Dickey Architects to do the
architectural work for the proposed Fire Station # 4. All members voted yes.
1
Council Minutes
February 3, 1987
DAKOTA COUNTY FUNCTIONAL CLASSIFICATION SYSTEM
City Public Works Director Tom Colbert reviewed with the City Council a
preliminary functional classification system adopted by the Dakota County
Board covering streets and highways within the County. Mr. Colbert noted the
four roads consisting of Cliff Road, Highway #149, Lexington Avenue, and Lone
Oak Road from Highway #13 to Pilot Knob Road that were not consistent with
Eagan's classification. After discussion, upon motion by Wachter, seconded
Egan, it was resolved that the council instruct the staff to negotiate with
Dakota County primarily concerning the functional classification for Cliff
Road, designated a minor arterial by the City, and major arterial by the
County, and also to review Lexington Avenue and Lone Oak Road with the aim of
restoring the City designation. All members voted affirmatively. Councilman
Wachter questioned the speed designation of certain City streets, and had
concerns, but no formal action was taken at the present time.
GALAXIE ROAD - SPEED
John Ulness of 4715 West Wind Trail, submitted a letter objecting to the
alleged traffic speed violators on Galaxie Avenue, south of Cliff Road. Chief
Berthe was present and suggested a survey be taken with the proposal to cite
violators. The police department was requested to do a speed study and report
its findings to the City Council at a later time.
CONSENT AGENDA
The following consent agenda items were submitted and recommended to be
approved:
1. Personnel Items.
a. Temporary Planning Aid. Because Marilyn Wucherpfenning, the
Planning Aide in the Planning Department, is on temporary leave for medical
disability, it was recommended that Shannon Tyree be hired as a Temporary
Planning Aide beginning January 27, 1987 for approximately 6 weeks.
b. Contractual Sign Inspector. It was recommended that Donna M.
Rollins be hired as the City's contractual sign inspector on approximately a
20 hour per week basis, effective February 4, 1987.
c. Police Secretary. The recommendation was made that Linda Bendt be
hired as police secretary, effective February 2, 1987.
d. Police Clerk/Typist. The recommendation was to approve the
advertisement for replacement for part-time police clerk/typist position.
e. Part-time Police Dispatcher. The police department recommended
the hiring of Lynn Lipinski-Pesek for part-time police dispatcher position
contingent upon successful completion of the City's physical and psychological
examination requirements, effective February 3, 1987.
2
Council Minutes
February 3, 1987
2. Approve Purchase of Dump Truck Vehicles #113 & #124. It was
recommended that the bid through the Hennepin County Purchasing Unit for two
dump trucks #113 single axle dump truck and vehicle #124 tandem axle dump
truck, in the amount of $90,721.00 be approved.
3. 1987 Traffic Lane Striping - Joint Powers Agreement. A Joint Powers
Agreement was recommended to be approved between the cities of Burnsville,
Apple Valley, Lakeville, Savage and Eagan for 1987 traffic lane striping.
Upon motion by Smith, seconded Wachter, it was resolved that the foregoing
consent agenda items as presented, be authorized and approved. All voted
affirmatively.
AIRPORT ADEQUACY STUDY INFORMATION
A memo was attached to the Council packet regarding the proposed MSP
Airport Adequacy Study to be performed by the Metropolitan Council. John
Hohenstein prepared a Memorandum asking whether the City Council would assist
in the funding of the airport adequacy study. Mr. Hedges described the
recommendation of the Metropolitan Council request for funding from affected
area metropolitan cities. Councilman Ellison opposed the study and emphasized
that the present location of Minneapolis-St. Paul International Airport is
important for the economy of the general area. Mayor Blomquist and Councilman
Smith also spoke in opposition to the funding, and no action was taken.
LAKEVILLE POLICE CHIEF LETTER - EAGAN POLICE DEPT.
A letter from Richard Radermacher, Chief of Police in Lakeville,
commending the Eagan Police Department in resolving a potentially dangerous
homicide on January 22, 1987, was noted by City Council members.
E-Z MINI STORAGE - VARIANCE
The staff brought to the City Council a variance request covering the 25
foot setback for the E Z Mini Storage buildings along Highway #13. By
inadvertence, they were not built 50 feet back from the State Highway right-
of-way, noting that one point of the building comes as close as 25 feet, the
fact that it is a very low building in relation to the right-of-way, and the
improved roadway is not close to the edge of the right-of-way. Smith moved,
Ellison seconded the motion to grant the variance of 25 feet. All members
voted yes.
3
Council Minutes
February 3, 1987
ENGINEERING DIVISION - REORGANIZATION
The Public Works Director recommended that the Council authorize the
elimination of the Engineering Tech I, II, and Engineering Aid III
designations, and to designate all positions as Engineering Technicians, with
one position as a Senior Technician/Supervisor. After review, upon motion by
Smith, seconded Egan, it was resolved that the Council approve and acknowledge
the titles for Engineering Tech positions as requested. All members voted in
favor.
E-Z AIR PARK - STORM SEWER - PROJECT #486
Mayor Bea Blomquist then convened the public hearing for Project #486
consisting of storm sewer for the E Z Air Park development. Tom Colbert
opened the discussion and Mark Hanson described the project in some detail.
Mr. Hanson indicated that the assumption was that there would be no cost for
easements for the project and indicated that a crossing on the north side of
the railroad right-of-way would be required between K. W. McKee and Contract
Beverages. Dan Keefe, on behalf of K.W. McKee, appeared and stated there
would be no objection, except that the loading dock should not be interrupted.
He stated that K. W. McKee has had no problem with drainage and would oppose
any special assessments. Joe Wachter for Contract Beverages, was present and
argued that there was no runoff or drainage problem and opposed special
assessments being levied. He discussed with the City Council the proposed
rerouting and noted that money would be saved by being located near the
Contract Beverage building, and indicated that Contract Beverage would grant
an easement if there are no special assessments levied.
Councilman Smith suggested constructing the project but eliminating the
catch basins in the parking lot and then charge the affected owners in the
future when drainage is required. Several other alternatives were discussed,
including a pond in the E-Z Air Park property. Councilman Smith moved,
Wachter seconded the motion to continue the public hearing to the February 17,
1987 regular meeting to allow the staff to explore alternative designs for the
ponding area, and further to contact E-Z Air Park owners regarding the
alternates. All members voted yes.
BLACKHAWK ROAD - STREET IMPROVEMENTS - PROJECT #488
The next public hearing convened by Mayor Blomquist covered Project #488
consisting of street improvements on Blackhawk Road. Mr. Hedges indicated
that as a condition of the approval of Blackhawk Plaza Shopping Center at the
northeast corner of Blackhawk Road and Diffley Road, the developer was
required to submit a petition requesting the upgrading of Blackhawk Road and
Diffley Road to the northern limits of the commercial addition. Tom Colbert
briefly introduced the project and Mark Hanson described the proposed
improvements in some detail. He noted the deficit of $274,000.00, which would
be partially funded by MSA funds, and explained the street, storm sewer and
trailway improvements proposed.
4
Council Minutes
February 3, 1987
y
A number of affected property owners appeared, including Sharon Hanson of
4105 Blackhawk Road. Her concerns were about the trailway on the west side,
and two pine trees within the right-of-way, adjacent to the Hanson property.
There were suggestions about an alternate location for the pathway, closer to
the curb, moving the trees and replacing the smaller trees, and also the
safety issues and snow storage problems that could result.
Mr. Colbert suggested that the tree damage could be minimized and the
general consensus of the councilmembers was to save the trees, if it could be
done, and also to maintain a reasonable safety design. Councilman Ellison
recommended the trail be located closer to the street, so as not to jeopardize
the trees, but indicated that owners should understand that if they plant
trees within easements, that they may be removed when improvements occur.
Councilman Smith proposed reducing the width along the west side to 5
feet. Maynard Ohm, owner on the west side of Blackhawk, questioned the two
bike paths, and also the steep bank along his property. The reduction in the
width would improve the problem, however. He also questioned the storm sewer
assessments and it was noted that his property was within the Art Rahn
Addition, and the developer of the plat had spread the storm sewer assessments
at the time of the platting.
Austin McDevitt, 4165 Blackhawk Road, had the same slope and retaining
wall concerns and noted that he placed shrubs and trees on the slopes,
possibly within the easement area.
Larry Allen, of 4102 Blackhawk Road, had concerns about cutting off his
access because of the extremely steep driveway resulting on his property at
parcel #010-78 on the east side of Blackhawk Road. He stated the steeper
slope may make it impossible to get access to his home.
Myran Sellars from Kathryn Circle, questioned whether the open ditch
drainage will be changed. Mr. Colbert stated that the intent is to pick up
existing drainage through a pipe. Bill Olson of 4049 Blackhawk Road had
objections to the assessments and Scott Peterson also questioned the proposed
assessments. The question arose as to whether there would be No Parking signs
along Blackhawk Road, and Mr. Colbert answered that there would be a
restriction to parking from Diffley Road to Kathryn Circle.
LeRoy Groff of 4195 Blackhawk Road asked about the median breaks near
Diffley and requested consideration of median breaks to accommodate the single
family owners in that area.
Councilman Ellison recommended avoiding the concrete median and
investigating using striping as an alternate. MSA funds are being used for
the project and therefore, the city standards must be followed, according to
Mr. Colbert.
Egan moved, Wachter seconded the motion to close the hearing, to order in
the project, with the trail modification on the west side, according to
council directions and authorize preparation of the plans and specifications.
All councilmembers voted in favor.
5
Council Minutes
February 3, 1987
LONE OAK 2ND ADDITION - PROJECT #492 - STREETS & UTILITIES
The public hearing regarding Lone Oak 2nd Addition streets and utilities
under Project #492 was convened by the Mayor. The feasibility report was
described by Mr. Colbert and by Mr. Hanson, covering improvements in the north
area of the City, north of the Northwest Airlines property. Thomas O'Neil of
8030 O'Neil Drive appeared and had no objections to the project. There being
no objections to the proposal, and after a detailed description by the
consulting engineer, Smith moved, Wachter seconded the motion to close the
hearing, to order in the project and to authorize the preparation of detailed
plans and specifications and the easement acquisition as necessary. All
councilmembers voted affirmatively.
TOWN CENTRE 100 PROFESSIONAL BUILDING
A request was made from the partners of the Town Centre Professional
Building to move the inside trash storage requirement to an exterior trash
container. Laura Marks appeared and indicated that Federal Land Company,
which originally had objected to the outside storage, had now withdrawn its
objection, and Martin Colon appeared and stated that there was no objection on
behalf of Federal Land Company. A diagram of the proposal was submitted,
indicating a 5 foot high wall, door and lattice over the top of the enclosure.
Ellison moved, Egan seconded the motion to approve the request for change to
outside trash storage location, according to the plan submitted. All voted in
favor.
COMPREHENSIVE GUIDE PLAN UPDATE
At 8:35 p.m. Mayor Blomquist opened the discussion concerning the updated
1986 Comprehensive Plan revision. Tom Hedges introduced the subject and
stated that the Advisory Planning Commission at its regular meeting on January
27, 1987 reviewed the findings of the December 9, 1986 public hearing and all
of the written documents that were submitted to the City, and recommended
approval of the update, based upon a Resolution including certain revisions to
the amendment document, and the Land Use Guide Plan Map. On January 29, 1987,
the Advisory Planning Commission discussed the designation of CPD and
reaffirmed the steps that were taken on January 27, 1987, that all the CPD
designations should remain as proposed on the Comprehensive Guide Plan Map
dated November 1986. Several maps portrayed the request for changes on the
drawings and Mr. Hedges indicated that several residents were concerned about
the Zylka parcel at the southwest corner of Galaxie Ave. and Cliff Road. They
questioned whether an LB or CPD designation was appropriate.
Mr. Hedges stated there were nine parcels designated CPD, including Parcel
No. 3 on the map portrayed during the meeting. Parcel No. 5 consisting of the
Opus property on Lone Oak Road and I-35E, and also the parcel formerly
designated R-1 owned by Vincent Kennedy, at the northeast corner of Yankee
Doodle Road and Highway #13 were also changed.
6
Council Minutes
February 3, 1987
Consulting Planner John Voss was also present and explained the CPD
designation, indicating it was a recognition generally of what exists by
agreements. Some uses indicated that LB ought not to be classified in that
district, such as some certain types of restaurants.
Parcel No. 3 at the northwest corner of #149 and #55 was discussed, and
the owner had agreed to a planned development use, with the requirement that
an agreement will be required at some time in the future. Mr. Runkle
explained certain features of parcels No. 12, 13, 14, 15, 16 and 17, on the
current map. Mayor Blomquist suggested that there be minor changes in the
draft and the map, and Councilman Egan had concerns about the freeway
development. He indicated that it was his opinion that there ought to be
provisions for freeway development in the amendment to be submitted to the
Metropolitan Council. The Planning Commission requested further study so that
it could be included in the future. In addition, Mr. Egan recommended that
R & D be retained around Country Home Heights, noting that would avoid future
disputes as to the use of the property.
Councilman Wachter favored leaving the freeway designation to cut down on
the Metropolitan Council processing time in the future. He also suggested
that the neighbors around the Zylka property meet with the owners to discuss
the uses for the parcel. Mr. William Sowles appeared on behalf of the owners
of the Zylka property. Councilmembers generally agreed to leave the Zylka
property LB on the plan.
Mary Winchester of 1820 Karis Way appeared and indicated that she was not
able to speak at the Advisory Planning Commission meeting, but presented
objections to the commercial uses on the Zylka parcel, and suggested
considering it for residential purposes.
Councilman Egan indicated that the committed use for Parcel No. 5 was for
the Residency Inn, so the recommendation was made to revise Parcel No. 5 to
provide for CPD only for the Residence Inn location. There was also
discussion concerning the Cole property, and the contention was to provide for
CPD on that parcel.
Wachter moved, Egan seconded the motion to receive the Comprehensive Guide
Plan amendment and the Comprehensive Guide Plan Map as submitted by the
Advisory Planning Commission according to the Resolution submitted by the
Advisory Planning Commission, with the following revisions:
1. To provide for CPD use designation for the Richard Cole property at
the northeast corner of the City.
2. That freeway zoning wording be included in the amendment to be
submitted to the Metropolitan Council, and that the staff and the Council work
out criteria for freeway zoning within the next year.
3. That R & D zoning around the Country Homes Heights area be included on
the map.
At 9:35 p.m., all members voted in favor.
7
Council Minutes
February 3, 1987;'.
I-35E DIFFLEY CENTER ADDITION - PRELIMINARY PLAT & REZONING
The City Council then entertained the application of the Bieter Company
for rezoning from A (Agricultural) to RSC (Regional Shopping Center), and for
approval of the preliminary plat of I-35E Diffley Center Addition at 9:35 p.m.
It was again noted that a court reporter was present to cover the proceedings.
Mayor Blomquist opened the discussion and made the following statement:
"I would like to state before we open this item to the public that this
is an issue of zoning. All comments made by those who wish to speak
should pertain to zone planning for the City only those uses under
proposed zoning and those uses under the current comprehensive plan.
The public hearing was held at the December 9, 1986 meeting and
continued to the January 27, 1987 meeting of the APC. I would ask that
only new information be given, something that has not been made of
record before. I would ask that comments about potential users not be
made. This is not an issue of who uses the land. This is an issue of
a zoning change and its impact on the City of Eagan and its residents.
The developer has had the chance to present the users to the members of
the City Council at previous and open joint Planning and Council
meetings. We have received all of the written information available
regarding this proposal. The members of the APC, letters, minutes of
joint meetings, staff reports, and all other written information has
been reviewed by the Council."
City Administrator Tom Hedges then reviewed in detail the proceedings
before the Advisory Planning Commission, the reports that were prepared by the
staff and the written submissions and noted that there have been several
presentations by the applicant to the Planning Commission and City Council to
date.
Mr. Runkle introduced the application and described the proposal,
including Comp Guide revision, rezoning and preliminary plat. It was
suggested that the Council deal with the zoning and land use initially, and
then also with the preliminary plat during the same process.
Peter Jarvis, and other representatives appeared on behalf of the
applicant, and Mr. Jarvis requested additional time for an adequate
presentation. Mayor Blomquist stated that she would entertain the
presentation regarding the use of the land, but not the users. Mr. Jarvis
laid out an agenda, including a review of the history, the market
implications, the project, traffic, uniqueness, content, qualifications,
questions, public input, and summary.
Ron Cornwell described his involvement in Eagan since 1972 and indicated
that he was involved in the purchase of the land in 1978 and that he now has
users in hand for a portion of the project. Mr. Jarvis made a request for RSC
8
Council Minutes
February 3, 1987
land use from D-II and introduced Dennis Klohs who stressed the need for
market studies for retail uses. 56 acres are intended for retail, 11 to 12
acres for recreational, 8 to 10 acres for office and associated uses, and some
restaurant service pads are planned, according to Mr. Jarvis. He described
the surrounding uses and indicated it was not necessary to use residential
streets for access to the commercial development.
Dick Wolsfeld of BRW described the traffic impact and stated that if the
transportation plan is built, it could accommodate the additional traffic. He
also agreed with the findings of Strgar-Roscoe regarding its transportation
study. He further stated that the developer will pay 100% of the cost of the
applicable traffic signals in the area.
Jerry Noyce of Northwest Racquet Club was then introduced and he described
the premature timing but stated the purpose is to participate in the proposed
development of the area. Hugh Thorson, a partner, read a statement about the
general development in the City and the impact of the proposal on the economy
and employment. He stated there would be no subsidies and no tax exempt bonds
are being requested. The purpose is convenience to residents in Eagan and he
commented the market competition is also desirable.
Councilman Ellison asked questions including the following:
1. Would there be any traffic problems after the development? Mr.
Wolsfeld said there would be no problem immediately after development, and
also 20 years into the future, adding all other traffic and an increase in 4%
per year. By the year 2007, they may need some isolated turning movement
designs to handle the projected traffic at that date, and these designs could
be incorporated at the present time.
2. Of the 1,000 person employment projections, how many would be minimum
wage jobs? Mr. Klohs stated it was uncertain as to the percentage, but a
large number would be at low income levels.
Councilman Egan noted that the change in the RSC concept for the City in
recent years, compared to the former Dayton-Hudson site, where 4 anchors were
contemplated. Mr. Jarvis noted the change in the RSC concepts since 1968 and
acknowledged that RSC was what was planned. Mr. Klohs mentioned that the
parcel is inappropriate for CSC and that the developers used the City Code for
the RSC designation. There will be soft lines, but there will not be a
Daytons, Donaldsons or Penneys on the site.
Councilman Egan noted that Mr. Jarvis stated in 1983 during the
proceedings regarding the proposed race track site in Eagan, that the City
could not support RSC development. He asked Mr. Jarvis if his definition of
RSC has changed to allow for change in the current proposal of 735,000 square
feet. Mr. Jarvis answered that the aggregate square footage at a regional
level for two level mall will not be developed within Eagan and the scale has
been changed downward.
9
Council Minutes
February 3, 1987
Members of the general public were then given an opportunity to speak.
Craig Johnson asked a question about additional traffic from Lexington and
Diffley commercial center, and Mr. Colbert stated that no study of
transportation for that site has been done, and explained in detail the
transportation study that has been completed and planned. Mr. Runkle also
noted that there is presently an application for 25 acres for residential use
with the commercially zoned property at Lexington and Diffley.
Dave Freiberger spoke in favor, and stated that Eagan has a low amount of
commercial uses relative to other cities. Warren Beck of Laukka-Beck Eagan,
acknowledged the Dayton-Hudson site is no longer intended for regional
shopping center use. He later concluded that that site was not applicable for
a major retail site but recommended that the Bieter proposal is responsive to
the needs and more appropriate in light of other commercial development in the
area. He encouraged the Council to consider the actual uses for the site and
recommended approval of the 35-E Diffley site.
Arnold Carlson recommended that zoning keep up with the demands, and spoke
in favor of the rezoning, and recommend the Council allow additional
commercial uses in the City. He objected to the City's zoning practices.
Beverly Rich, 1855 Silver Bell Road, a realtor, stated that she was committed
to sound land use planning and spoke in favor of the proposal. She noted
three issues: 1) type of development, 2) location of development, and
3) who will develop. Her comments regarding these issues were that Target and
Northwest Racquet Tennis are attractive retail and service uses, the location
is favorable, there are no land acquisition problems and no insurmountable
traffic problems. She further argued that it was not speculative, that it was
creative and ready for construction. It is not a haphazard change in use, the
developers are responsible and the City can control the development, and she
recommended approval.
Dan Dolan, a representative of the owner to the south, and adjacent to the
site, stated that prior to 1980, the northerly portion of that site was zoned
commercial and there was a change to multi-family at that time. He
recommended approval. Vic Nelson of 4992 Hilltop Lane, representing the
Hilltop Condo Association, appeared and opposed the project. He favored the
current master plan and argued there is ample commercial land in Eagan. Allen
Gilbert of 4568 Oak Chase Road stated the best use of the property is
commercial.
The Mayor, at 10:55, stated she would cut off the public comments, but the
Council did allow further comments.
Richard Croke indicated that many people who were at the Advisory Planning
Commission hearing on January 27, 1987 were not present at the current Council
meeting and it was not a good indication of the arguments against the project.
David Jones favored the project and Ray Kaufenberg of Clemson Court opposed
because of the residential street access problems.
10
Council Minutes
February 3, 1987
Poe
Teres Murphy of Dominium Group favored the project and suggested it would
support the residential area. Donna Loff of Slater Court, favored the project
and Colleen Sjogren of Teal Court stated that she looked at the Comprehensive
Guide when she moved to the City and trusted that there would be no changes.
At 11:00 p.m., Peter Jarvis then made some further statements and
indicated that the applicants were requesting two items: the use and the
zoning change. He argued that conditions have changed to warrant a revision
in the use and made the following comments:
1. The staff reports have been favorable.
2. The project is good for the City at the present and the future,
including good access.
3. There are changed conditions regarding I-35E which now has a full
diamond; I-35E was moved easterly because of Blackhawk Lake; Thomas Lake Road
now must go through the site; and Agricultural use is inappropriate and
conditions have warranted a change to RSC development.
Mr. Jarvis further indicated there are four competing sites, and owners of
the three have objected to the proposed change. He further stated there are
only 40 acres of contemplated retail in the 400 acre Laukka-Beck project. The
Hoffman proposal, he argued, does not conform with the planned development
stipulations, and a request has been made to reduce the commercial area at the
Lexington and Diffley commercial site.
Councilman Ellison then lead off the comments from the City Council and
noted that it was a very exhaustive project, with the real question being what
is the land best suited for. He noted four issues including:
1. Role of the Comprehensive Guide.
2. Need for commercial uses in the City.
3. The effect on the tax base.
4. The effect on the transportation system.
He stated it was his opinion that there is a need for additional
commercial use. The transportation study shows an increase in traffic if used
for commercial purposes, from 21,000 to 25,000 traffic count, and comparing
the slight difference is not a compelling reason to vote no. He further noted
that Pilot Knob Road and Yankee Doodle Road may become a traffic problem area
and it would be best to disburse the traffic pattern.
In questioning the best land use for the site, he stated it is not a good
site for residential, but is a prime location for commercial.
11
Council Minutes
February 3, 1987
Tom Egan then noted that the most important issue is that of fairness. He
asked to what extent the residents can rely upon what the City Council and the
City staff does, and stated that an analogy is the Dayton-Hudson site request
for single family development in approximately 1980. Council did not allow
the single family development because it did not conform with the use
designated. He further stated that there is no longer an RSC site in Eagan
because the Dayton-Hudson project has now changed its use designation.
Clearly, the project will increase the traffic, the users are important, they
expect that other users will also come into the City, there are City-wide
ramifications and if the project is approved, they would have no valid reason
to deny up to 400 additional acres to be rezoned to commercial uses and the
City already has a high percentage of commercially designated property, in
relation to other cities.
He further noted the question of reliance and fairness are primary and the
Council should act consistently.
Councilman Wachter then made a statement to the effect that the site is
possibly appropriate for office park, or for Limited Business purposes, and
clearly the land will increase in value. The retail development in existence
in Eagan at the present time is below the average but this is not an
appropriate site for that purpose. He stated that it was his opinion that
traffic impact will be greater, and the impact on Cedar Grove area residents
generally would be significant.
Councilman Smith stated that commercial users will end up elsewhere in the
community and he stated that he agreed with many of the opposition arguments
and would not support the project.
Mayor Blomquist noted that the study concluded that there is more
commercially designated land than required and that some owners are now
proposing to down-zone their commercial property. The Comprehensive Guide has
been relied upon and that she could not vote for a change.
City Attorney Paul Hauge recommended voting on the Comprehensive Guide
change initially, then vote on the application for rezoning with a 4/5
majority required to act favorably for each, and thirdly, to vote on the
application for preliminary plat approval, if the first two changes are
approved.
At 11:35 p.m., Councilman Smith moved and Councilman Wachter seconded the
motion to accept the recommendation of the Advisory Planning Commission and to
deny the request for change in the Comprehensive Guide Plan for the reasons
that were provided by the Advisory Planning Commission in its Resolution
recommending denial of the application, and for the additional reasons
included in the Resolution attached and made a part of these Minutes. Those
in favor were Smith, Wachter, Egan and Blomquist; against was Ellison.
Egan then moved, Smith seconded the motion to deny the application for
rezoning from A (Agricultural) to RSC for reasons also included in the
Resolution attached to these minutes. Those in favor were Smith, Wachter,
Blomquist and Egan; voting against was Ellison.
R 87-2
12
Council Minutes
February 3, 1987
Mayor Blomquist then submitted to the City Council and the representatives
of the applicant present, the problem that has arisen regarding compliance
with the Eagan grading and excavation ordinance concerning grading on the
site, noting that there are some excavation requirements that have not been
fulfilled by the developer. Ron Cornwell requested the information be
submitted in letter form to the applicant by the staff.
At 11:40 p.m. the consideration of the application was then closed.
SPLASHLAND WATER PARKS - DIVISION OF PARCELS
A request was made to the City on behalf of Splashland Water Parks to
split two parcels of property for tax identification purposes. A letter from
the attorney for Splashland was reviewed which indicated that Splashland had
agreed to assume responsibility for all levied and outstanding special
assessments against Parcel 011-54 and a memorandum from Finance Director
VanOverbeke dated January 26, 1987 stated that he was satisfied with the
appropriate authorization to respread the special assessments, and could be
complied with. Any further development would require additional formal action
by plat application or waiver of platting. There were no objections to the
change and Tom Webster and Roger Slater appeared and recommended approval.
Wachter moved, Egan seconded the motion to approve the request for division of
the real estate according to the proposal, and staff was directed to implement
the split covering Parcels 015-05 and 011-54. All members voted in favor.
R 87-3
EAGAN CONVENIENCE CENTER - SIGN PERMIT
An application for special permit to allow a second building-mounted sign
totaling 110 square feet for Ali Haghighi on the east side of the Eagan
Convenience Center was submitted for consideration. Dale Runkle described the
application. Councilman Smith stated that Krestwood Lane is not a major
street and every comparable tenant would request such a permit if granted.
Ali Haghighi was present and cited other buildings with two signs in the
general area. Smith moved, Ellison seconded the motion to deny the
application based upon the reasons mentioned above. All members voted in
favor.
CEDAR CLIFF 3RD ADDITION - WAIVER OF PLAT
An application by Jerome and June Thompson requesting approval to split a
duplex lot for Lot 10, Block 2, Cedar Cliff 3rd Addition at 4551 and 4553
Scott Trail, was brought to the Council. There were no objections and Egan
moved, Wachter seconded the motion to approve the request. All voted in
favor.
13
Council Minutes
February 3, 1987 NORTHWESTERN BELL - WAIVER OF PLAT
An application of Northwestern Bell to combine a 40 foot by 50 foot parcel
with existing utility building located along Lexington Avenue, was next
brought to the Council for its review. The Planning Commission recommended
approval, subject to certain conditions and a representative of Northwestern
Bell was present. Upon motion by Wachter, seconded Egan, it was resolved that
the application be approved, subject to the following conditions:
1. A parks dedication fee shall be required.
2. Additional appropriate landscape material shall be provided.
3. All applicable Code requirements shall be complied with.
4. The applicant shall remove the existing access at its expense at the
time the new access is available.
All voted yea.
R 87-4
CHAPEL HILL BAPTIST CHURCH - REZONING & PRELIMINARY PLAT
The application of Chapel Hill Baptist Church for Comprehensive Guide Plan
amendment from R-2 to Public Facilities and preliminary plat approval for
Chapel Hill Baptist Church and rezoning of a 9 acre parcel on Pilot Knob Road,
south of Cliff Road next was heard. Dale Runkle reviewed the application and
representatives of the applicant were present. It was noted the cost would be
about $10,000.00 to install a private well and septic system and there were
concerns about not having municipal services available. Councilman Ellison
moved, Councilman Egan seconded the motion to approve the application for Comp
Guide amendment as requested. All were in favor except Smith who voted no,
objecting to the allowance of construction without municipal utilities.
Egan moved, Wachter seconded the motion to approve the application for
rezoning. All voted in favor except Smith who voted against.
Wachter moved, Egan seconded the motion to approve the application for
preliminary plat approval, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. The parks dedication shall be deferred until the use changes from a
public facility use.
3. The septic tank system shall be designed in accordance with the MPCA
Manuel WPC 40. An on-site inspection will be performed by City staff to
ensure proper installation.
4. All parking stalls shall be 10 feet in width with double loaded
parking area aisles 24 feet in width.
14
Council Minutes
February 3, 1987
5. All signage above 7 feet shall require conditional use permit
approval.
6. A landscape plan shall be required for the overall design. The plan
shall be drawn by a landscape architect familiar with native species and place
special emphasis on screening the residential area to the north. A financial
guarantee shall be submitted and not released until after one year from the
installation date.
7. Each additional parking lot expansion will be reviewed by City staff
and the landscaping shall be required with that expansion.
8. Parking for 137 shall be required with the first phase.
9. This development shall be subject to the conditions and requirements
of the Dakota County Plat Commission.
10. This development shall be responsible for the acquisition of all
required regulatory agency permits in accordance with their stipulated time
frames.
11. This development shall install all internal storm sewer facilities
necessary to handle the first and ultimate phased development of parking lots
and building facilities.
12. A variance for an on-site well and septic system are approved,
subject to compliance with City and State regulations.
13. This development shall be responsible for the dedication or
acquisition of all required road and utility easements as required by the
County or City.
14. The proposed access street shall be constructed to City standards but
maintained totally by this development until further extension for service or
use by other properties.
15. This development shall be responsible for all trunk area utility and
future County Road improvements in accordance with the rates in effect at the
time of final plat approval or project award, whichever occurs first.
16. Detailed grading, drainage and erosion control plans shall be
submitted and approved by the City.
17. At such time as the City sanitary sewer and water become available to
the site, the owner shall then immediately provide for connection to the City
systems which connection shall be according to City requirements, and the
applicant shall comply with the special assessment policies and costs in
effect at the time of the connection to the City utilities.
All voted in favor.
SEE PLAT FILE
15
Council Minutes
February 3, 1987
LONE OAK 2ND ADDITION - FINAL PLAT REVIEW
TEMPORARY BUILDING PERMIT REQUEST
The application of Northwest Airlines, Inc. for review of the temporary
building permit extension for Lone Oak 2nd Addition was considered by the City
Council. Tom Hedges described the request to allow construction of the
Northwest Airlines training facility prior to final plat approval. The
extenuating circumstance is that there had not been final detail regarding the
easements for utilities to the south of the site and the request was to issue
a 90 day temporary building permit to allow Northwest Airlines to proceed
beyond the super structure phase.
Jim Thorne of Northwest Airlines was present, as was a representative of
M. A. Mortenson Company. He noted the issue related to the new owner to the
south, but expected that the issue will be resolved within the very near
future. Mr. Hedges suggested that the total permit fees be paid if the
council approves, but was concerned about deviation from the policy. A
hardship would be required in order to allow the approval. Noting the
hardship if the process was delayed, and the good construction weather, Smith
moved, Wachter seconded the motion to approve the request, eliminating the
requirement for the necessary easements for the construction of O'Neil Drive,
sanitary sewer, water main and storm sewer facilities at the present time, but
that they be acquired prior to final plat approval. It was understood,
however, that all requirements shall be in place prior to the completion of
the final plat and occupancy. All voted in favor except Blomquist who
abstained, noting her employer's contract with Northwest Airlines.
PUBLIC IMPROVEMENT CONTRACTS
1. Hampton Heights - Contract #86-15. Upon motion by Egan, seconded
Wachter, it was resolved that the council approve the fifth and final payment
to Contract #86-15 consisting of Hampton Heights trunk water main in the
amount of $16,102.14 to Orfei and Sons, Inc. and accept it for perpetual
maintenance. All voted yea.
2. Royal Oak Circle - Contract #85-15. Wachter moved, Egan seconded the
motion to approve the final payment and accept Contract #85-15 consisting of
utility and street improvements in Royal Oak Circle and authorize the final
payment to Orfei and Sons, Inc. in the amount of $35,424.14. All voted
affirmatively.
3. Maintenance Building - Contract #85-21 - Change Order #5. Upon motion
by Egan, seconded Ellison, it was recommended that Change Order No. 5 in the
sum of an additional $379.00 for the maintenance building under Contract
#85-21, as well as Part B, with an additional amount of $7,887.00 for a total
of $8,266.00 be approved. All members voted yes.
16
Council Minutes
February 3, 1987
PRIVATE IMPROVEMENT CONTRACTS
1. Lexington Square 1st Addition - Contract #84-D. The staff recommended
approval and upon motion by Ellison, seconded Smith, it was resolved that
Contract #84-D for Lexington Square 1st Addition street and utility
improvements be accepted for perpetual maintenance. All voted yes.
2. Dallas Development 1st Addition - Contract #86-K. The staff
recommended acceptance of Contract #86-K and Egan moved, Ellison seconded the
motion to approve the project, consisting of trunk water main in the Dallas
Development 1st Addition, and accept it for perpetual maintenance. All
members voted in favor.
SINGLE-FAMILY MORTGAGE REVENUE BOND PROGRAM/SERIES 1980 - RESTRUCTURING
City Administrator Tom Hedges reported that the Finance Committee had met
to review the restructuring program for the Series 1980 Single-Family Mortgage
Revenue Bond Program. Representatives of Miller & Schroeder presented the
proposal to the Committee and it was noted that the City has an opportunity to
use residual funds that have accrued in the program with a total amount of
$1.3 to $1.4 million dollars, with a reduction of the down-payment assistance
of $300,000.00 and a net of about $700,000.00 to $800,000.00. The Finance
Committee evaluated the proposal and suggested that the restructuring take
place and that the funds be designated for a senior citizen housing project.
John Wenker was present on behalf of Miller & Schroeder and the
councilmembers discussed the use of the money, including the senior citizen
concept. Councilman Ellison suggested that the funds be for a broader use
than for senior citizens only. After extensive discussion, Smith moved, Egan
seconded the motion to approve the restructuring program for the Series 1980.
All voted yes except Ellison who voted no. Smith then moved, and Egan
seconded the motion to designate the funds from the restructuring to be used
for the interest buy-down program and the balance in the account for a senior
citizen housing program in the City, and further to request the Dakota County
HRA to assist in the management of the program. All members voted yes except
Ellison who voted no.
Wachter then moved, Egan seconded the motion to retain the firm of Miller
& Schroeder Financial, Inc. as the advisory/management firm for the
transaction, with direct involvement by the City's Director of Finance, as it
relates to all other consultants and contractors. All councilmembers voted
affirmatively.
CLERICAL COLLECTIVE BARGAINING UNIT
Tom Hedges described to the City Council that the clerical collective
bargaining unit had agreed with the proposal of the City Council regarding
salary and benefits. Wachter moved, Egan seconded the motion to ratify the
proposal submitted by the City Council for the clerical unit. All members
voted yes.
17
Council Minutes
February 3, 1987 POLICE ASSOCIATION - COLLECTIVE BARGAINING UNIT
After explanation by the City Administrator, Egan moved, Wachter seconded
the motion to approve the ratification of the Police Association collective
bargaining agreement, subject to approval by the Police Association. All
members voted yea.
POLICE DISPATCHERS - COLLECTIVE BARGAINING UNIT
There was discussion concerning the proposal for salary and benefits for
the dispatchers unit. Wachter moved, Egan seconded the motion to approve the
proposal as presented by the City Administrator in the form of a counter-
proposal to the dispatchers. All members voted yes.
HEALTH INSURANCE
After description by the City Administrator Tom Hedges, Ellison moved,
Smith seconded the motion to pay health insurance premiums for employees who
choose employee plus dependent coverage up to the amount of the lowest premium
per month of the three City choices for the health maintenance organization,
which in 1987, amounts to $187.85. All councilmembers voted yea.
SLATER'S ROAD ALIGNMENT
Public Works Director Tom Colbert described to the City Council a proposal
by a developer in Burnsville, near the southwest corner of the City of Eagan,
to eliminate a through-street for the extension of Slater's Road. The Public
Works Director recommended that the Council go on record favoring the
extension of Slater's Road southerly into Burnsville for continuity and to
allow through traffic. Blomquist moved, Wachter seconded the motion to accept
the recommendation of the Public Works Director and authorize a letter to be
sent to the City of Burnsville, based upon fire, safety and traffic flow
reasons. All voted yes.
ANNUAL PLANNED DEVELOPMENT REVIEWS
Dale Runkle explained that the staff had been unable to submit to the
Advisory Planning Commission and City Council during 1986, a review of planned
developments within the City, according to ordinance requirement. He
recommended that the reviews take place during the summer of 1987 to cover
both 1986 and 1987. The consensus of the council was to proceed, based upon
the recommendation.
18
Council Minutes
February 3, 1987
FIRE STATION #4 PROPERTY
Tom Hedges described the negotiations that had taken place for the
purchase of the Haeg property on Dodd Road for Fire Station A. He noted that
there are several lots involved and that the demand is for $99,000.00 for the
land, plus $15,000.00 to be paid by the City for the special assessments.
After review, Blomquist moved, Egan seconded the motion to authorize the City
Administrator to continue the negotiations based upon the direction of the
City Council. All members voted yea.
RESOLUTION FOR MAYOR BOB LOCKWOOD OF MENDOTA HEIGHTS
A Resolution commending Bob Lockwood for many years as Mayor of Mendota
Heights was submitted. Egan moved, Blomquist seconded the motion to approve
the Resolution, complimenting Mayor Lockwood on his tenure as the Mayor of
Mendota Heights. All voted yes.
CHECKLIST
Blomquist moved, Wachter seconded the motion to approve the checklist
dated February 2, 1987 in the amount of $259,643.40 and also checklist dated
February 3, 1987 in the amount of $249,524.03. All voted yea.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 1:25 a.m.
All voted yea.
PHH
City erk
19