08/16/1988 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
August 16, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
August 16, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson,
and McCrea. Also present were City Administrator Tom Hedges,
Assistant City Engineer Mike Foertsch, City Planner Dale Runkle and
City Attorney Jim Sheldon.
AGENDA
McCrea moved, Gustafson seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
August 2. 1988 - Regular Meeting. McCrea requested the following
corrections:
1. Page 22 - paragraph 7 - the spelling correction or the word
"Karis".
2. Page 25 - paragraph 1 - the replacement of the word
"residential" to the word "residual.
3. Page 25 - paragraph 3 - the first sentence should read "Egan
moved, Ellison seconded, the motion to continue the comprehensive
guide plan amendment and re-zoning from agricultural to a planned
development district for the Galaxie Cliff Plaza, based on the
consent by the developer for a continuation beyond the 120 day
period."
Tom Egan requested the following corrections:
1. Page 16 - paragraph 6 - "Kello" should be corrected to
"Keller".
2. Page 24 - last paragraph - third sentence should read: "He
feels the case is good law but based on poor facts and the City
should go back and get pure LB zoning."
3. Page 25 - paragraph to be added before motion regarding his
comments as follows:
"Councilmember Egan asked Colbert how far the access road onto
Cliff was from the Cliff intersection. Colbert responded 420 to
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August 16, 1988
440 feet. Egan then asked if this was a distance that fell
within the guidelines. Colbert responded yes. Egan asked Dale
Runkle it it was true that there was no provision for a Class B
restaurant within the Limited Business limitations. Runkle
responded that that was correct. Egan asked if there was a
distinction between Class 1 and Class 2 restaurants. Runkle
responded yes and that it was described in the Code. Egan states
U.S. Swim & Fitness doesn't seem to fit the Limited Business
zoning requirement. He further stated that there was much
rhetoric on both sides of the issue and that the issue may be
overstated by both sides. He explained that before the
comprehensive guide could be changed, the Council must have a
rational basis. The City can review the initial comprehensive
guide designation if there are changes in circumstances. He
further stated that the courts would respect the Council's
decision if it was rational. Egan then described the different
circumstances and changes that had occurred since the original
comprehensive guide designation for the area. First of all, it
was comprehensive guided before 35E went through. Also, the
neighboring land had been down-zoned. Egan suggested the changes
of circumstances may support a comprehensive guide change. He
further stated that the developer's current plan is contrary to
Limited Business and suggested that the developer come in with a
genuine compromise. Egan stated that one compromise position
would be that anything east of the circulation drive be
Residential and Limited Business would be located to the west of
the circulation drive."
Upon motion by Egan, seconded by Wachter, it was resolved that
the minutes for the August 2, 1988, regular meeting be approved as
amended. All voted in favor.
POLICE DEPARTMENT/NATIONAL LAW ENFORCEMENT EXPLORER CONFERENCE
The Eagan Police Explorers returned from the National Law
Enforcement Explorer Conference in mid-July and announced their first
place award in the area of crime prevention. Police Officer Doug
Matteson, who was the advisor and responsible for the Explorer
program for the Eagan City Police Department, attended the law
enforcement exploring conference with the Explorers. The Explorers
received a first place award in the area of crime prevention. The
trophy was presented to the City Council.
Mayor Ellison and all councilmembers congratulated the Explorers
and the Police Department on their accomplishments.
PARKS & RECREATION DEPARTMENT/PARK NAMES RECOMMENDATION
City Administrator Tom Hedges stated that at its regular meeting
on August 4, 1988, the Advisory Parks & Recreation Commission
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August 16, 1988
recommended official park names for City parks in six park service
areas.
Councilmember Egan asked for the history behind Bridle Ridge.
Parks and Recreation Director Vraa stated the park would be named
after the subdivision and also the ridge line of the park.
Mayor Ellison asked if there might be confusion regarding the
Skyline Park and Skyline Road. Vraa stated he hoped it would not be a
problem.
Councilmember Wachter stated he remembered when there was only
one park in Eagan and the City now has 44 parks.
Mayor Ellison again stated he felt there would be a confusion
regarding Skyline Park. Councilmember Wachter asked for the distance
between Skyline Road and Skyline Park. Mr. Vraa stated two miles.
Councilmember Egan stated the Council had accepted differences in the
past. Wachter stated the Council could adopt all of the recommended
park names except for Skyline Park. Councilmember McCrea suggested
the name Skyhill for the park. Mr. Egan stated he felt Skyhill might
be more appropriate for the park name. Councilmember Gustafson stated
he preferred Skyline.
McCrea moved, Egan seconded, the motion to approve the official
park names for parks in six park service areas as follows:
1. Park Service Section 31W - Now identified as Winkler/Jackson:
SLATER ACRES PARR
2. Park Service Section 31E - Now identified as Vienna Woods
Park:
KETTLE PARK
3. Park Service Section 34 - Now identified as Ohmann:
GEORGE OHMANN PARK
4. Park Service Section 16 - Now identified as Blue Cross/Blue
Shield:
SKYBILL PARK
5. Park Service Section 14 - Now identified as Woodlands
School/Park:
MUELLER FARM PARR
6. Park Service Section 23 - Now identified as Bridle Ridge:
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August 16, 1988
BRIDLE RIDGE PARK
(For the 18 acre park)
WANDERING WALK PARK
(for the open space/green belt
area of park)
All voted in favor.
FIRE STATION NO. 4
City Administrator Hedges stated that Fire Station No. 4 was
substantially completed and the final inspection was being held. Fire
Chief Southorn stated there were only a few minor matters remaining
to be completed and that the project would be ready to go soon.
Councilmember Wachter asked for a status update regarding the
volunteer drive. Chief Southorn stated there had been a few responses
to some low key advertising. Mayor Ellison suggested there should be
advertising in the Station No. 5 area also.
AIRPLANE NOISE
There was a short presentation regarding the airplane noise
tour. Councilmember Wachter stated he had received numerous calls
from the residents in the McKee Addition concerning the noise.
CONSENT AGENDA
The following Consent Agenda items were submitted and
recommended to be approved:
A. Plumbers' Licenses.
It was recommended to approve the following plumbers' licenses:
Hokanson Plumbing, Inc.; Nordic Services, Inc.; TEK Mechanical
Services; and United Water and Sewer Company.
B. Water Softener License.
It was recommended to approve the water softener license for
Milbert Company, d/b/a, Culligan Water Conditioning.
C. Approve Addendum to List of Election Judges for Primary
Election.
It was recommended to approve the addendum to the list of
election judges for the September 13, 1988, primary election, as
follows:
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August 16, 1988
DEMOCRATS INDEPENDENTS REPUBLICANS
Oliver McCulloch JoAnn Bloch Gladys Byrnes
Kristin McCleary Jean Kimber
Walter Lawrence Marcia Miller
Janet Schuetze
Kathleen Daly
D. Gambling License Renewal. Lions' Club of Eagan/Cedarvale
Lanes. Inc.
It was recommended to approve the application for renewal of
gambling license by the Lions' Club of Eagan operating at Cedarvale
Lanes, Inc.
E. Received Bid, Award Sale of Sauad No. 3.
It was recommended to designate Squad No. 3 as surplus property
and sell it to Suburban Auto Sales for $1,511.00.
F. Project 551, Received Petition/Order Feasibility Report and
Detailed Plans (Remick Addition - Utilities) .
It was recommended to receive the petition and authorize the
preparation of a feasibility report and detailed plans for Project
551 (Remick Addition - Utilities).
G. Contract 87-39, Approve Change Order No. 4 (Fire Station No.
Al.
It was recommended to approve Change Order No. 4 to Contract
87-39 (Fire Station No. 4) for an additional amount of $1,727.28 and
authorize the Mayor and City Clerk to execute all related documents.
H. Approve Budget. Gun Club Watershed Management Organization.
Councilmember McCrea questioned it the amount was an increase or
if it were remaining the same as previous years. City Administrator
Tom Hedges stated the amount was a reduction over past years.
It was recommended to approve the proposed 1989 budget for the
Gun Club Lake WMO.
I. Contract 88-25, Receive Bids/Award Contract (South Dodd Road
- overlay).
Councilmember Wachter stated he had concerns regarding the
surfacing. Mayor Ellison stated that Don Clark informed him he was
missing calls with the staff and wanted to be included on the project
updates. Assistant City Engineer Mike Foertsch stated the contract
has three parts. He questioned if the City should pave more road than
0. odi.
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August 16, 1988
the contract allowed. In particular, he questioned paving the south
part of Dodd Road and Farm Road. He asked the Council if they should
pursue paving more or if they should go with what the contract
stated. Mayor Ellison stated he felt it would never be cheaper.
Councilmember Gustafson stated he felt the abutting property owners
should agree. Foertsch questioned what happened if the abutting
property owners disagreed. Mayor Ellison stated at that point the
City would assess. Councilmember Egan asked if the property owners
were properly noticed. Mr. Foertsch stated no. Mr. Egan stated the
Council could approve the matter subject to a change order if the
property owners disagreed.
It was recommended to receive the bids for Contract 88-25 (South
Dodd Road - Overlay) and award the contract to Preferred Pavings,
Inc. in the amount of $54,823.60.
J. Project 547A. Contract 88-31, Receive Report/Approve
plan/Authorize Ad for Bids (Well No. 12)-.
Councilmember Wachter questioned if there would be gas as well
as electric to be used as a standby. Assistant City Engineer Mike
Foertsch stated the staff was looking into a standby. Councilmember
McCrea stated the location was in a residential area and questioned
if the neighboring residents had been notified regarding the noise
concern. Mr. Foertsch stated a sound wall will be constructed and
that City staff will notify the property owners.
It was recommended to receive the report for Project 547A (Well
No. 12) , approve plans for Contract 88-31 and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on
Wednesday, September 14, 1988.
K. Contract 88-30. Approve Plan/Authorize Ad for Bids (South
Oaks - Streets and Utilities).
It was recommended to approve the plans for Contract 88-30
(South Oaks - streets and utilities) and authorize the advertisement
for a bid opening to be held on September 15, 1988, at 11:30 a.m.
L. Project 552. Receive Petition/Order Feasibility Report (ECIP
No. 3 - Watermain and Storm Sewer).
It was recommended to receive the petition for Project 552 (ECIP
No. 3 - watermain and storm sewer) and authorize the preparation of a
feasibility report.
M. Approve Final Plat. Beau De Rue Drive Plat.
It was recommended to approve the final plat for the Beau De Rue
plat and authorize the Mayor and City Clerk to execute all related
documents.
R-88.62
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August 16, 1988 00, 1160
N. Approve Final Plat. Hosford 1st Addition.
It was recommended to approve the final plat for the Hosford 1st
Addition and authorize the Mayor and City Clerk to execute all
related documents. R-88.63
0. Project 543. Receive Report/Order Public Hearing (Prettyman
Heights - Streets).
It was recommended to receive the feasibility report for Project
543 (Prettyman Heights - streets) and schedule a public hearing to be
held on September 19, 1988.
P. Approve Final Plat, Town Centre 70 Tenth Addition.
It was recommended to approve the final plat for Town Centre 70
Tenth Addition and authorize the Mayor and City Clerk to execute all
related documents. R-88.64
Q. Receive Petition/Order Public Hearing (Mendota Wagon Road).
it was recommended to receive the petition to vacate Mendota
Wagon Road and order a public hearing to be held on September 19,
1988.
R. Receive Petition/Order Public Hearing (Portion of Cedarvale
Drive).
It was recommended to approve the proposed vacation of part of
Cedarvale Drive and order a public hearing to be held on September
19, 1988.
S. Receive Assessment Roll/Order Public Hearing (Delinquent Weed
Cutting Bills)-.
It was recommended to receive the final assessment roll for
delinquent weed cutting bills (Parcel No. 10-17406-100-01/$136.00;
Parcel No. 10-16602-050-01/$96.00; and Parcel No.
10-64600-110-01/$80.00) and schedule a public hearing for September
19, 1988.
T. Receive Assessment Roll/order Public Hearing (Delinquent
Utility Bills).
It was recommended to receive the final assessment roll for
delinquent utility bills (attached to the minutes as Exhibit A) and
schedule a public hearing for September 19, 1988.
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August 16, 1988
Wachter moved, Gustafson seconded, the motion to approve the
foregoing Consent Agenda items and authorize their implementation.
All voted in favor.
PROJECT 478, FINAL ASSESSMENT HEARING (LEXINGTON HILL - SANITARY
SEWER)
Assistant City Engineer Mike Foertsch stated that due to the
inability to meet the required published and mailing notification
requirements for the final assessment hearings for this project, it
was necessary to continue the public hearing to September 6, 1988.
McCrea moved, Egan seconded, the motion to continue the final
assessment public hearing for Project 478 (Lexington Hill - Sanitary
Sewer) to September 6, 1988. All voted in favor.
PROJECT 479, FINAL ASSESSMENT HEARING (LEXINGTON/NORTHVIEW PARK -
TRUNK STORM SEWER)
Assistant City Engineer Mike Foertsch stated that due to the
inability to meet the required published and mailing notification
requirements for the final assessment hearings for this project, it
was necessary to continue the public hearing to September 6, 1988.
Gustafson moved, Wachter seconded, the motion to continue the
final assessment public hearing for Project 479 (Lexington/Northview
Park - Trunk Storm Sewer) to September 6, 1988.
PROJECT 461, FINAL ASSESSMENT HEARING (YANKEE DOODLE ROAD/I-35E TO
LEXINGTON AVENUE - STREETS)
Assistant City Engineer Mike Foertsch stated that due to the
inability to meet the required published and mailing notification
requirements for the final assessment hearings for this project, it
was necessary to continue the public hearing to September 6, 1988.
Gustafson moved, McCrea seconded, the motion to continue the
final assessment public hearing for Project 461 (Yankee Doodle
Road/I-35E to Lexington Avenue - Streets) to September 6, 1988. All
voted in favor.
PROJECT 544, MALLARD PARK 3RD ADDITION (STREETS LIGHTS)
Mayor Ellison opened the public hearing regarding Project 544,
Mallard Park 3rd Addition (street lights).
City Administrator Tom Hedges stated that on July 19, 1988, the
feasibility report for this project was received and a public hearing
was scheduled for August 16, 1988. He further stated all notices had
been published in the legal newspaper and sent to all affected
property owners informing them of the public hearing.
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August 16, 1988
Assistant City Engineer Mike Foertsch stated the project is
feasible and in accordance with the City's policy on the installation
of street lights in residential areas. He stated residents on Drake
Drive had petitioned for the installation of the street lights. He
stated the addition contained 16 lots which would benefit from street
lighting. The area was developed before the City of Eagan adopted a
comprehensive street lighting policy. Since the enactment of the
policy, all new additions have been required to install street
lights. The policy has a provision enabling older additions to
petition for street lights. Under the provision, the cost of street
light installation is assessed against the benefited lots and the
energy charge is paid quarterly by the residents along with their
water and sewer bill. The energy needs for Drake Drive are serviced
by Dakota Electric Association who offers the type of street lighting
poles, lighting fixtures and the necessary maintenance service
required by the City for residential street lighting in accordance
with the City of Eagan street lighting policy. It is proposed that
four street lights be installed. Mr. Foertsch stated the estimated
cost of the project would be $2,400.00.
Bev Hanson, 1741 Drake Drive, questioned why the residents on
Drake Drive should pay for lighting on the other side of the street.
Mr. Foertsch stated it is City policy to light the intersections. The
locations of the lights was based on present wiring. Councilmember
McCrea suggested assessing all benefited properties including the
Woodgate area. Councilmember Egan stated the Woodgate residents had
not been notified of the public hearing.
Jeanette Jordan, 4397 Woodgate, stated she did not want the
light and requested the Council move it. Mayor Ellison questioned if
moving the light would increase the cost. Mr. Foertsch stated it
would not increase the cost. Mr. Egan stated the light should be
moved.
Councilmember Gustafson stated that the residents on Drake Drive
wanted the street lighted and suggested moving the intersection light
across the street.
Gustafson moved, McCrea seconded, the motion to close the public
hearing and approve Project 544 (Mallard Park 3rd Addition - street
lights) and authorized the preparation of detailed plans and
specifications, subject to moving the street light at the
intersection of Woodgate and Drake Drive to the corner of Drake
Drive. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
was opposed.
PARTIAL VACATION OF PUBLIC RIGHT-OF-WAY, CEDARVALE BOULEVARD
Mayor Ellison opened the public hearing regarding the partial
vacation of public right-of-way, Cedarvale Boulevard. City
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August 16, (XIM171 Ic 9
Administrator Tom Hedges stated the public hearing was originally
scheduled for August 2, 1988, but was continued to August 16, 1988,
so that the matter could be discussed in conjunction with the
variance for parking lot improvements for the Cedarvale Shopping
complex item under old Business. He stated the applicant no longer
desired to pursue the variance to City standards for parking
setbacks, curb and gutter and landscaping requirements. The excessive
right-of-way is a result of the jurisdictional turnback of Old Trunk
Highway 13 which was subsequently relocated with the construction of
the Cedar Avenue freeway interchange. By vacating the excess
right-of-way, the owners of the Cedarvale Shopping Center complex can
expand and improve their parking lot facilities. Mr. Hedges stated
all notices were published in the legal newspaper and sent to all
potentially affected utility companies informing them of the proposed
vacation of the excess right-of-way. He stated there are existing
private utilities located within the area proposed to be vacated. He
stated the resolution vacating the right-of-way, if approved, should
reference the vacation of "street" rights while still retaining the
necessary underlying utility easements.
Mr. Hedges stated Dave Brown stated he would not spend the
dollars for a new MTC site. He stated Mr. Brown requested continuance
of the vacation indefinitely.
Mayor Ellison stated the continuance may last for a long time.
Mr. Hedges stated it could be for one year and that Mr. Brown
understood that. Assistant City Engineer Mike Foertsch questioned if
a hearing could be held with no decision. City Attorney Jim Sheldon
stated the Council could continue the matter for a reasonable period,
but not indefinitely. Mr. Sheldon stated reasonable is two months at
the most and that the matter would have to be republished in the
paper.
Councilmember Egan stated he felt a denial was in order. Mr.
Hedges stated he would explain to the petitioners what the effect of a
denial would be. Councilmember McCrea asked how much it would cost to
reapply. Mr. Hedges stated approximately $300.00, but the cost could
be waived. Councilmember McCrea stated she felt the merchants were
having a tough time and that the City should help them wherever
possible.
Egan moved, Wachter seconded, the motion to close the public
hearing and deny the partial vacation of public right-of-way for
Cedarvale Boulevard. All voted in favor.
VARIANCES FOR PARKING LOT IMPROVEMENTS (CEDARVALE BOULEVARD)
No action was taken on the parking lot improvements for
Cedarvale Boulevard as the application was withdrawn.
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August 16, 1988'; 04!7-0
COMPREHENSIVE GUIDE PLAN AMENDMENT, RAHNCLIFF 2ND ADDITION/AUSTIN
COMPANIES
City Administrator Tom Hedges stated a public hearing was held
by the Advisory Planning Commission at its regular meeting on June
28, 1988, to consider a comprehensive guide plan amendment and
re-zoning of 5.6 LB (Limited Business) and 11.2 RD (Roadside
Business) acres to a commercial planned development district and a
preliminary plat entitled RahnCliff 2nd Addition. He stated the APC
recommended approval of the applications.
Mr. Hedges stated the City Council considered the matter at
their regular meeting of July 19, 1988, and continued the matter to
the August 16, 1988, meeting. The purpose of the continuance was to
allow Council review of the recently completed retail/commercial
study. The study was reviewed on Monday, August 15, 1988.
City Planner Dale Runkle informed the Council the proposea site
is located between Rahn Road and Highway 35E along the south side of
Cliff Road. The uses proposed for the development are consistent with
the existing zoning districts. The planned development zoning allows
the City the opportunity to review the overall development at this
time as opposed to individual requests on each lot. Architectural
landscaping and signage compatibility will be addressed with the
plat. Mr. Runkle stated the site is very flat and highly visible from
Highway 35E. Access would be primarily from the previously
constructed RahnCliff Court and to secondary drives connecting to
Rahn Road. Shared parking areas provide 832 stalls, well above the
amount required by Code which is 730 to 815 stalls. Mr. Runkle
described the breakdown of each area and the proposed use to the
Council. He stated access and cross parking easements needed to be
approved by the City.
Mayor Ellison questioned if the southern portion which is now
Limited Business was previously Roadside Business. Mr. Runkle stated
Mayor Ellison was correct and that the entire area was previously
Roadside Business and that the developer was now trying to create a
buffer with mixed uses.
Ray Williams, developer, stated that the improvements to the
general area were discussed with the staff. He stated they are trying
to blend the gas station in with their entire development. He further
stated a planned development would give the Council more control. Mr.
Williams presented the development plans to the Council.
Councilmember Egan asked Mr. Williams to clarify which building
would not be retail. Mr. Williams discussed the matter with the
Council.
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Jr-
August 16, 1988
Councilmember Gustafson had questions regarding the street
circulation and access. He asked if the entrance would be closed or
would a median be extended. The developer stated that he was not sure
at this time. Councilmember Wachter stated he felt the median should
be extended all the way down to prevent left turns. He further stated
he feels the traffic on the entire parcel should be directed to the
intersection and felt the development was premature as Cliff Road
cannot handle all of the traffic. He feels Cliff should have at least
six lanes.
Councilmember McCrea questioned if Mr. Wachter's concerns had
been addressed by the staff or the developer since the last Council
meeting. The developer stated they are in conformance with staff
requirements and are willing to pay their fair share for the
intersection improvement. He stated they had not received much
direction from the County.
Mayor Ellison asked Mr. Foertsch how many lanes would be added
to the intersection. Mr. Foertsch stated the upgrade to Cliff Road is
still indefinite but that improvements have begun on the
intersection.
Councilmember Egan asked Mr. Foertsch what effect the traffic
would have on the transportation plan projections for the
intersection. Mr. Foertsch stated it is unknown at this time.
Councilmember Egan asked if the SEH Report considered this amount of
retail would be constructed. Mr. Foertsch stated he was not sure.
Councilmember Egan questioned if there was a traffic problem, would
the traffic start detouring into the residential areas. Mr. Foertsch
stated there was the potential for this happening.
Steve Brown, 2091 Pin Oak Drive, stated he had concerns
regarding the traffic in the area and he stated he feels the traffic
had doubled since he first moved into the area. He was concerned
regarding the children's safety. He felt there is too much retail in
the area already and that Target had destroyed the area. He is
concerned that Eagan is pro-development.
The developer stated the Roadside Business designation had been
in place for 20 years and that they had voluntarily downgraded the 20
acres to Limited Business as a buffer.
Councilmember McCrea stated the zoning is there already and that
the developer has asked for a planned development. She stated a
planned development gives the Council more control compared to some
other type of non-planned developments which are not uniform. She
asked the developer to confirm that the gas station sites' appearance
would be improved. The developer stated the appearance would be
improved and he then explained to the Council and the audience the
plans.
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August 16, 1988
Councilmember McCrea questioned if the 12,000 square feet of
retail would be reduced to Limited Business. The developer stated she
was correct and that a medical clinic was presently in the works.
Councilmember McCrea stated she had concerns regarding the
traffic conditions and questioned if a condition could be made that
the stop light must be constructed before the planned development
begins. Assistant City Engineer Mike Foertsch stated he felt the
light would be functional by that time.
Stephanie Thorston, 20090 Indian Lane, had traffic concerns
regarding Rahn Road and Pin Oak Road.
The developer stated it did not seem logical to him to enter a
residential area as it would not be a shortcut. Mayor Ellison asked
Mr. Foertsch if there was much detour traffic. Mr. Foertsch stated
most traffic would stay on Cliff Road.
Councilmember Gustafson stated he would like a right turn-in,
right-out to continue. He feels the traffic will increase and that
the Council cannot penalize the current project for a past
development. He stated population is increasing and the Council must
do the best they can with what they have.
David Harris, 4895 Safari, stated he felt the traffic could be
diverted by making a one-way street to discourage southern flow. The
developer stated there is a two-way flow for safety reasons.
Councilmember McCrea questioned if the roads would need to be
altered. The developer stated no.
Mayor Ellison asked City Planner Dale Runkle to describe the
commercial study for the area. Mr. Runkle explained the overview of
the retail study and stated the Cliff area would support additional
development.
Councilmember Egan stated safety was the main concern and felt
the development may be premature. He stated he was excited after his
initial viewing of the project. However, he feels this is an area for
future development and that staff is not comfortable enough with the
Cliff and Rahn intersection for his satisfaction. He feels there
should be more study on the traffic flow and stated he feels there
are many plusses but a few minuses as well.
Councilmember Gustafson stated a one-way would require a
round-about flow thereby increasing Cliff traffic.
Councilmember McCrea asked if staff knew what was required to
obtain a first class hotel in the area. City Administrator Tom Hedges
stated that from past research hotels probably would not come to the
area.
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August 16, 1988
Gerald Smith, 2007 Vienna, presented a petition to the Council
and questioned the zoning. Dale Runkle explained the different zoning
sites. Mr. Gustafson stated there was a down-zoning from retail
business to Limited Business. The developer explained the zoning
history to the Council and the audience.
Mayor Ellison stated the area was always zoned commercial, the
question is what type of commercial. He stated this project would
give control to the City and that the staff is very impressed with
the quality of the development. He agreed the intersection is bad and
that the reason was because of the Cub/Target development and not
this development. He stated the uses are uses that the City can use
and that the Council should give a little to get a little.
Mr. Brown requested an impact study be conducted regarding the
traffic for Vienna Woods. Mayor Ellison stated that both staff and
the developer had studied the impact on the intersection and
questioned if the developer could do a further study. The developer
defined the studies that could be conducted which included
circulation, traffic increase, and the type of traffic. He further
stated a gross traffic increase study was conducted and that there
would not be a change of the grade of traffic flow, however, it would
increase about 8%.
The traffic studies were discussed further by the Council and
the developer.
Councilmember Wachter stated Vienna Woods would be impacted by
the neighbors' detouring. Councilmember Egan stated he felt an
intersection study was crucial and there seemed to be a question
concerning this site's overall traffic impact. He stated he would
like to see exactly what type of improvements would be made and felt
the matter deserved more study.
Mayor Ellison stated that estimating traffic flow is an inexact
science. He stated he felt changes to the roadway should be made at
the present time and billed to the developers in the area.
The attorney for the developer informed the Council of the
traffic expert's credentials.
Councilmember McCrea stated she would like to see a condition
that the stop light would be installed before the development. She
stated she would prefer to see a condition on the approval rather
than rejection of the development.
The developer stated he would be agreeable to conditions on Rahn
and Cliff Road.
Mr. Egan asked Mr. Runkle if the matter could be approved
independently. City Administrator Hedges stated it could be a
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August 16, 1988
condition of the planned development. Assistant City Engineer
explained the Cliff Road improvements.
City Administrator Tom Hedges explained the procedure for action
and stated if the proposal was approved, other actions could be
contingent on the successful planned development.
Mayor Ellison questioned why the change from the past. City
Attorney Jim Sheldon stated it would give the City and the developer
a definite idea of what to expect. The developer stated he agreed.
Councilmember Egan stated that two conditions for planned
development approval, among others, should be that Outlot B is
downgraded and a good traffic plan is made.
Colwell Banker representative stated the tenants would leave the
development if there was a one-way road.
Councilmember McCrea requested that lighting and landscaping be
included in the PD Agreement.
A question from the audience was raised asking how to change the
traffic flow. City Administrator Tom Hedges stated it must be
examined carefully by staff.
Ellison moved, McCrea seconded, the motion to draft a planned
development agreement for Council consideration at the September 6,
1988, city Council meeting. If the planned development agreement
meets all conditions of the City, the re-zoning and preliminary plat
would be approved. Gustafson, Ellison, Egan and McCrea voted in
favor; Wachter voted against.
Councilmember Wachter stated he voted against because there is a
safety problem in connection with the development which he feels was
not adequately addressed. He feels the development should be delayed
until the completion of the Target/Cub project. He feels the traffic
assessment is premature.
GENERAL OBLIGATION AND SPECIAL ASSESSMENT BOND SALE DATE
City Administrator Tom Hedges stated upon selection of
Springsted as the City's new financial consultant, work was begun on
structuring a bond sale for the fall of 1988. Proposed to be included
in the bond sale are $1,850,000.00 of general obligation bonds and
$13,400,000.00 of special assessment improvement bonds. The general
obligation bonds which were approved in the referendum of May 28,
1987, are for the purpose of financing the purchase of land,
constructing and furnishing two fire stations and purchasing pumpers
and related equipment. The special assessment bonds, all of which
will be paid by assessments against benefiting property owners, are
for the purpose of financing numerous public improvements which are
Page 16/CITY COUNCIL MEETING MINUTES
August 16, 1988
either under construction or have been constructed. A sale date of
September 19, 1988, had been selected with bids open during the day
and the bids awarded at the regular City Council meeting on that
date.
Mr. Hedges further stated that a bond sale rating trip to New
York had tentatively been scheduled for September 7 and 8 to present
updated information about the City and its financing requirement to
Moody's and Standard & Poor pending additional review and City
Council authorization. Mr. Hedges stated that given the size of the
issue and the fact that the last in-person presentation was made in
1985, it is felt that the trip would be appropriate and in the City's
best interest.
Gene VanOverbeke informed the Council on what assessments the
bonds related to.
Councilmember Wachter had questions regarding the general
obligation bonds and the following statement "No rate for any
maturity shall be more than one percent lower than any prior rate."
Mr. VanOverbeke stated this statement prohibits front-end
loading of bond interest.
Councilmember Gustafson questioned how many people would be
going to New York. Mr. VanOverbeke stated it was up to the Council's
discretion and that in the past two staff members, two
Councilmembers, the City Administrator and VanOverbeke would attend
from staff. Mr. Hedges explained the New York presentation.
Gustafson moved, Wachter seconded, the motion to schedule a bond
sale for September 19, 1988, at which time bids will be opened and
awards considered for the sale of $1,850,000.00 general obligation
bonds and $13,400,000.00 special assessment improvement bonds. All
voted in favor.
Gustafson moved, McCrea seconded, the motion to authorize a
rating trip to New York for City staff and Council member (s) as
deemed necessary by the City Administrator. All voted in favor.
1988 CITY CODE REVISION
City Administrator Tom Hedges stated staff and City Attorney
Sheldon had met with representatives of Municipal Ordinance Codifiers
to incorporate ordinance additions and modifications made by the City
Council since last year. He further stated two ordinances were
recommended for consideration by the Codifier to bring the Code into
compliance with state law. The first ordinance would be incorporated
into Chapter 1 and increases the penalty for a petty misdemeanor from
$100.00 to $200.00. A second ordinance would be incorporated into
Chapter 5 by modifying the definition of an "exclusive liquor store",
Page 17/CITY COUNCIL MEETING MINUTES
~3~? `tea
August 16, 1988
allowing a resident alien to hold a liquor license and clarifying
language regarding hours and days of sale.
Councilmember Gustaf son questioned the ordinance regarding
Chapter 4(2). He asked if a survey would be required for mere
additions. Mr. VanOverbeke stated the ordinance should be codified
and then amended. He further stated the ordinance would be
interpreted liberally by staff.
Councilmember Wachter stated he felt it would be wrong to
require a certificate of survey on additions.
Mayor Ellison asked Mr. Wachter if he was satisfied with the
staff interpretation. Mr. Wachter stated yes.
Gustafson moved, Egan seconded, the motion to approve an
ordinance amending City Code, Chapter 1, to increase the maximum
penalty for a petty misdemeanor from $100.00 to $200.00 and to direct
the publication of the ordinance. All voted in favor.
Egan moved, Wachter seconded, the motion to approve an ordinance
amending Chapter 5 of the Eagan City Code pertaining to the
definition of an exclusive liquor store, ownership of a liquor
license by a resident alien and clarifying language pertaining to
hours and days of sale for beer, wine and liquor and directing the
ordinance to be published. All voted in favor.
McCrea moved, Egan seconded, the motion to approve amendments to
the Eagan City Code, Chapters 1-6, 9 and 13, incorporating ordinances
50-65. All voted in favor.
WESCOTT HILLS FEDERAL TAX CREDIT
City Administrator Tom Hedges stated the City had received a
request from the Dakota County HRA for a comment concerning an
application by JA Development for federal income tax credits for
low-income housing, a program which is administered by Dakota County.
The credits are a part of the tax act of 1986 and is intended to
support and encourage the continuation of low-income housing
opportunities.
Mr. Hedges stated the application pertains to properties under
construction by JA Development located in Wescott Hills revised 3rd
Addition, lots 11-14.
Mr. Hedges stated that if the City Council chose to make
positive comment to the Dakota County HRA regarding this application,
City staff would recommend consideration of certain objective
criteria to be applied to this and future requests for such credits.
Page 18/CITY COUNCIL MEETING MINUTES
August 16, 1988
Jeff Johnson, JA Development, outlined the purposes of the
federal income tax credits. He stated the developer wanted to provide
improvements to the buildings.
Councilmember Wachter asked for construction details. He
recommended only a high density material for wood exteriors.
Councilmember McCrea welcomed JA Development and stated that not
many developers came before the Council for such a purpose. She
requested financing details. She further asked what income guidelines
would be used.
Carrie Fisher, Dakota County HRA, outlined the income guidelines
for families.
Councilmember Egan questioned which units were being discussed.
He asked if they were the units closest to Yankee Doodle. The
developer stated the units in question were behind the units Mr. Egan
was discussing.
Councilmember Egan asked the developer if the money would be
applied to the existing units. The developer stated it would apply
only to units built in 1988 and not the old units. Egan questioned if
it would apply to future units. The developer stated it would apply
only to the present 16 units. The developer further stated they had
anticipated this money in building the units.
Councilmember Wachter commended the developer on the windows.
Mr. Wachter stated they were the best windows made today.
Councilmember Egan stated he felt the tax credit would assist
the City housing policy, it enhances compliance with existing
building codes, and there was no cost to the City. He felt they were
all plusses.
Egan moved, Wachter seconded, the motion to approve the
following criteria for consideration of applications for federal
low-income housing tax credits and to make positive comment to the
Dakota County HRA regarding JA Development's application for
low-income housing tax credits:
1. Low income housing tax credits may be used only for
rehabilitation or upgrade of existing projects or to enhance
subsequent phases of existing projects.
2. Applicants for low income housing credits should demonstrate
that the credits will serve to reduce the density of multi-family
developments.
3. Applicants' projects should exceed exterior finish
requirements.
Page 19/CITY COUNCIL MEETING MINUTES
August 16, 1988
4. Applicants' projects should exceed landscape requirements
and/or open space requirements.
5. Low income housing credits may be used only for two to three
bedroom homes/units to provide low income housing opportunities for
families.
6. No more than 45% of units occupied must be occupied by low
and moderate income persons/families.
All voted in favor.
Councilmember Egan asked if the credits were applicable to
existing or future construction. A representative from BRA stated
both. City Administrator Hedges stated the present approval was only
for the present units. The developer would have to re-apply.
VARIANCE/SCOTT AND ANN STROMMEN
Mayor Ellison stated the Planning Department had received an
application from Scott and Ann Strommen to allow a 10-foot variance
to a 30-foot setback from the public right-of-way at 4036 Northview
Terrace, Lot Eleven (11), Block Three (3), Lexington Parkview
Addition.
City Planner Dale Runkle stated the purpose for the variance
would be to allow the Strommens to construct a 1,533 square foot home
on Lot 11, Block 3, Lexington Parkview Addition. Mr. Runkle stated
because it was a corner lot, the 12,600 square foot lot has 225 feet
of frontage along Northview Terrace; therefore, there is a 30-foot
setback on two sides of the home. The house would meet or exceed all
other setback and lot coverage requirements and would not encroach
any drainage and utility easements. He further stated the applicants
were pleased with the location and the original house plans were
drawn prior to knowing about the 30-foot setback on the west side. He
stated any new house plans drawn would cost the applicants $400.00
and would also cause a delay in their building schedule.
Council member Wachter asked Mr. Strommen why the plans were
drawn as they were. Mr. Strommen stated it was a misunderstanding on
his part.
Councilmember McCrea questioned if turning the house would put
the house out of alignment with the neighboring homes. Councilmember
Wachter stated he felt it could be done. Mayor Ellison asked when
Lexington Parkview was approved. Mr. Runkle stated 1987.
Mayor Ellison stated he felt the Council wanted the developers
to not produce odd lots. Mr. Wachter stated the driveway was too
002=.:
Page 20/CITY COUNCIL MEETING MINUTES
August 16, 1988
close to the curb. Brad Swenson stated the developer was not
encouraging the variance.
Councilmember McCrea stated she could not see a hardship.
Councilmember Egan stated the $400.00 cost would be the only hardship
he could see. He stated he felt the lot was not that unusual. Mr.
Wachter stated he felt a different plan could be used.
Wachter moved, Egan seconded, the motion to deny a variance for
Scott and Ann Strommen to allow a 10-foot variance to a 30-foot
setback from the public right-of-way at 4036 Northview Terrace, Lot
Eleven (11), Block Three (3), Lexington Parkview Addition. Wachter,
Egan, and Ellison voted in favor; McCrea and Gustafson voted against.
SPECIAL PERMIT EXTENSION/EAGAN CHRISTIAN CENTER
City Administrator Tom Hedges stated the Planning Department had
received an application from the Eagan Christian Center requesting a
two-year extension of its special permit to allow church activities
in an I-1 Limited Industrial district located at Tract F of Cedar
Industrial Park RLS.
City Planner Dale Runkle stated the application submitted by
Pastor Jay Zinn requested a two-year extension of their recently
expired permit. The original permit was applied for in July of 1986
and gained approval at the August 19, 1986, City Council meeting.
That permit allowed the Eagan Christian Center to hold meetings
Sunday mornings and Thursday evenings in a Limited Industrial
District. Mr. Runkle stated it was not the intention of the applicant
to make this location their permanent location. The church, during
the two-year time period, would eventually purchase their own
property and build a meeting facilities. Mr. Runkle stated that if
the application was approved, the special permit should be subject to
the following conditions:
1. The temporary special permit shall expire two years after
approval.
2. The permit shall be subject to all Code requirements.
Councilmember Gustafson asked what the time frame was to buy and
build. The developer stated he was unsure at this time.
Mayor Ellison asked if the applicant would return in two years
for an extension. The applicant stated it was not the plan at the
present time.
McCrea moved, Gustafson seconded, the motion to approve a
two-year special permit extension for the Eagan Christian Center to
allow a church facility in a Limited Industrial District, subject to
the following conditions:
Mi. 1-0
Page 21/CITY COUNCIL MEETING MINUTES
August 16, 1988
1. This temporary special permit shall expire two years after
approval.
2. The permit shall be subject to all Code requirements.
All voted in favor.
WAIVER OF PLAT/LOT SIX, BLOCK ONE, CINNAMON RIDGE 6TH ADDITION
Mayor Ellison stated an application had been received for a
Waiver of Plat from Zachman Brother Construction Company, Inc. for a
duplex lot split to allow individual ownership on Lot 6, Block 1, of
Cinnamon Ridge 6th Addition.
Wachter moved, Gustafson seconded, the motion to approve the
Waiver of Plat for Lot 6, Block 1, of Cinnamon Ridge 6th Addition.
All voted in favor. R-88.65
PRELIMINARY PLAT/RE-PLAT/CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION
City Administrator Tom Hedges stated a public hearing was held
by the Advisory Planning Commission at its July 26, 1988, regular
meeting to consider a preliminary plat/re-plat of Cedar Cliff
Commercial Park 5th Addition as requested by the Federal Land
Company. He stated the re-plat would modify the boundaries of the
current two lots contained within the subdivision increasing the size
of Lot 1 and decreasing the size of Lot 2. He stated the APC
recommended approval of the re-plat.
City Planner Dale Runkle stated the application submitted
requested a preliminary plat consisting of two lots along the north
side of Cliff Road at the Cedar Cliff Shopping Center. He stated the
preliminary plat would add 45 feet to the west property line of the
Dakota County State Bank. He further stated that although a Waiver of
Plat would have achieved the same result, platting was a necessity
for the bank's financing requirements. Since this re-plat
incorporates a portion of the shopping center's drive isle, a cross
easement should be provided with the final plat submission. Lot 1
would contain 4.16 acres and Lot 2 would be increased to 0.53 acre.
The applicant stated he was concerned with the proposed
assessments and did not feel they were fair. He stated Cliff Road
upgrade was a future project and that nothing had occurred since the
original assessments. Mr. Hedges stated the City has, in the past,
assessed for future improvements. He stated trunk storm sewer is a
supplemental assessment.
Mayor Ellison questioned the legality of the proposed
assessments. City Attorney Jim Sheldon stated he saw no reason to
Page 22/CITY COUNCIL MEETING MINUTES
August 16, 1988
change the past practice of the City but had not researched the
matter in detail.
Councilmember Egan stated he felt it was City policy to not
assess for a charge of this type.
The applicant questioned that if they did not re-plat, would
there be an assessment. Assistant City Engineer stated there would be
no assessment.
Mayor Ellison stated he felt it was inappropriate to assess for
Cliff Road but that they should assess now for the missed assessment.
Councilmember Egan stated the City should not assess if there are no
improvements.
Gustaf son moved, Wachter seconded, the motion to approve the
preliminary plat/re-plat of Cedar Cliff Commercial Park 5th Addition,,
subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: B-1,
B-3, C-i, F-1, and G-1.
2. A cross easement shall be provided along the western property
line of Lot 2.
All voted in favor.
The Council discussed the assessment motion and the matter was
sent to staff for clarification.
PRELIMINARY PLAT/HIGHVIEW PARK ADDITION
City Administrator Tom Hedges stated the Advisory Planning
Commission at its last regular meeting on July 26, 1988, held a
public hearing to consider a preliminary plat for Highview Park
Addition/Mildred S. Hanson consisting of three lots on a 2.27 R-1
single family acres. The APC recommended denial of the application.
City Planner Dale Runkle stated Lot 7 originally was approved as
a single home site. Other lots in the area had been split one time;
all are at least 100 feet wide. The lots as proposed meet the R-1
requirements of 12,000 square feet and are 85 feet wide at the
30-foot setback line. However, if a line is drawn between the
existing home on Lot 7 and the home on Lot 6, the lots are only in
the 80 foot to 85 foot width area. The major concern regarded the
large lot integrity of the original Highview Acres Addition. When
Highview Avenue was improved in the early 1980s, one utility service
was provided in anticipation of one split to the lot.
Page 23/CITY COUNCIL MEETING MINUTES
August 16, 1988
Gloria Fritz, real estate broker representing the applicant,
explained and demonstrated how the development met all setback
requirements. She presented to the Council a copy of the City Codes
which had been provided by City staff.
John Camp, Tri-Land Survey, demonstrated how all Codes were met
by the preliminary plat.
Mayor Ellison asked City Planner Dale Runkle if it did meet
Code. Mr. Runkle stated staff felt it did not meet the proper width.
Councilmember Egan stated there was a factual question and asked if
the garage could be relocated. The applicant stated it could be
relocated, however, the driveway would be inconvenient.
Councilmember Wachter asked if there was a home on Lot 8. The
applicant stated there was a home on Lot 8.
Mr. Wachter stated that if the garage was moved, the line could
be moved over. The applicant stated that it was an existing garage
and that the 85 foot frontage is met at the 30-foot setback. Mr.
Runkle stated the requirements as to the width would be met. Mayor
Ellison asked if staff would be comfortable with that and Mr. Runkle
stated yes.
Jim Nickle, 1426 Highview, stated his lot abutts the addition.
He submitted a detailed letter to the Council. He stated Highview has
large lots and he wants to maintain the lot size in the area. He
outlined several items for the Council to consider.
Councilmember Wachter stated the lots were split in his area and
that if assessments come, large lots are not as desirable. He stated
two lots would solve the problem.
Mayor Ellison questioned if there were grounds to reject. City
Attorney Jim Sheldon stated that if the applicant met the
requirement, Council has the discretion to determine if the lot lines
are "substantially" at right angles.
Councilmember Egan asked how the Council could flaunt their own
requirements. He stated the lots still qualified for estate zoning
and that they are large lots. He stated he felt the problem could be
resolved if the garage were removed.
Councilmember Gustaf son stated that if the garage were moved,
there would be 85 feet all the way through and he would feel more
comfortable with the proposal.
Councilmember Egan stated it was a factual dispute which existed
and that if Code was met on the setback, he felt the Council could
not set a 100 foot width requirement on the lot.
Page 24/CITY COUNCIL MEETING MINUTES c0
August 16, 1988
Councilmember McCrea stated that it was the intent of the
requirement to make sure the house has enough room.
Paul Twommy stated the lot sizes are not consistent with the
neighborhood.
Councilmember Egan stated the Council must act reasonably
according to the law, or the courts will force the law upon the City.
He stated the lots are not by any sense small lots.
Dr. Craig Sollberg stated the other homeowners should be
considered and he recommended denial of the triple split.
Brad Swenson stated the developer was willing to move the garage
and straighten the lines.
Councilmember Gustafson stated there are two matters to be
considered, (1) the wishes of the homeowners and (2) the character of
the neighborhood. He stated those two matters would have to be
balanced against the laws. He stated he was hard-pressed to deny the
proposal.
McCrea moved, Egan seconded, the motion to approve a preliminary
plat for Highview Park Addition/Mildred S. Hanson consisting of three
lots on 2.27 R-1 single family acres, provided the lots' width meet
or exceed the 85 foot requirement throughout. All voted in favor.
The applicant stated they might not be able to meet the
condition.
Scott Ilde stated the neighbors should consider adopting
covenants to protect future splitting.
PRELIMINARY PLAT/WOODLANDS 2ND ADDITION
City Administrator Tom Hedges stated on July 26, 1988, the
Advisory Planning Commission held a public hearing to consider a
preliminary plat application for Woodlands 2nd Addition. The plat
consists of 12 single family lots abutting a cul-de-sac in excess of
500 feet. Because the variance to the cul-de-sac link and the plat
itself coincide completely, the application was publicly noticed as a
preliminary plat and necessary variance, however, a separate
application for a variance had not been requested of the developer.
The Planning Department had indicated that a cul-de-sac variance
should be approved as a condition of the plat approval. Therefore,
the variance to allow a cul-de-sac in excess of 500 feet should be
considered or staff should be directed to request a separate variance
application of the developer.
Page 25/CITY COUNCIL MEETING MINUTES O
August 16, 1988
Mr. Hedges stated the Advisory Planning Commission recommended
approval of the application. He further stated the Advisory Parks and
Recreation Commission recommended a cash dedication.
Councilmember Wachter questioned the long cul-de-sac. Mr. Runkle
stated the developer anticipates future connection of roads. Mr.
Wachter stated perhaps a road should have come through from the east.
Mr. Runkle stated this is the better design.
Councilmember Gustafson questioned condition no. 3 regarding the
planting in the center island. He asked for an explanation of the
condition. Assistant City Engineer stated it was necessary to make
sure it will not interfere with the utility lines.
Gustafson moved, Egan seconded, the motion to approve the
preliminary plat of Woodland 2nd Addition consisting of 12 lots on
7.35 R-1 (single family) acres located north of Basswood Lane in the
southeast quarter of Section 14, subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: A-1,
B-1, C-1, C-2, C-3, C-5, D-1, E-1, F-1 and G-1.
2. Lots Seven (7), Eight (8), Nine (9) , Ten (10) and Eleven (11)
shall note the proximity of the William Brothers Pipeline easement in
the purchase agreement.
3. An emergency overland drainage swale is required between Lots
Nine (9) and Ten (10).
4. No storm sewer will be allowed to discharge into the back
yard low areas of the proposed development.
Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
Gustafson moved, Egan seconded, the motion to approve a variance
for a cul-de-sac in excess of 500 feet (630 feet) for Woodland 2nd
Addition. Gustaf son, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
RE-ZONING AND PRELIMINARY PLAT/SUNCREST ADDITION
City Administrator Hedges stated a public hearing was held by
the Advisory Planning Commission at its regular meeting on July 26,
1988, to consider a re-zoning and preliminary plat entitled the
Suncrest Addition as requested by William Huttner. As submitted, the
plat consists of 16 single family lots. The APC recommended approval
of the application. The Advisory Parks and Recreation Commission
recommended a cash dedication.
Page 26/CITY COUNCIL MEETING MINUTES 0 .
August 16, 1988
City Planner Dale Runkle informed the Council that separate
applications had been received requesting a re-zoning of 10.53
agricultural acres to single family district and a preliminary plat
consisting of 16 lots located northwest of the Sunrise Hills and
Woodlands Additions and south of the Wescott Garden lots. He stated
the 100 foot wide William Brothers Pipeline easement bisect the site
in the southeast corner creating an outlet that will be attached to
the Woodlands 2nd Addition. The plat calls for a road extension from
Wescott Hills Drive to the platted Birch Street right-of-way. It is
anticipated that the road will continue to the northeast and then
loop southward connecting to Woodland Trail. Lot Five (5), Block One
(1) and Lots Nine (9), Ten (10), and Eleven (11), Block Two (2) would
be final platted as outlots since no immediate access is being
provided to them. A stand of mature oaks is in the south central
portion of the site where the stovepipe lots were requested. Through
careful lot grading and driveway grading, it may be possible to save
some of the trees. Code requires a 50-foot minimum width at the
street right-of-way line. The stovepipe lots are 30 feet wide at that
point. All other lots are at least 90 feet wide at the typical
30-foot setback line. The custom homes would be built exclusively by
William Huttner.
Mr. Runkle further stated that there are two landlocked low
areas created with the development. Due to the fact that the only
run-off conveyed to these landlocked low areas is backyard run-off
from the proposed house pads, the run-off into them will be minimal
and outlets will not be required. The two landlocked low areas are
located in the backyards of Lots One (1), Two (2) and Three (3) and
Lots Five (5), Six (6), Eight (8), and Ten (10) , all in Block Two
(2).
Councilmember McCrea questioned were the two low landlocked
areas were situated. Mr. Runkle pointed the lots out on the map.
Brad Swenson (representing the developer) requested the two lots
be developed with a cul-de-sac.
Mayor Ellison stated he felt there would be a problem with the
stovepipe lots. Mr. Runkle stated many trees would be lost if they
were altered. Council member Wachter stated he felt most of the trees
would be lost anyway as the narrow driveways are present. Assistant
City Engineer Mike Foertsch stated the driveways would be installed
with retaining walls which would save the topography.
Mayor Ellison asked what would happen if the cul-de-sac was
pushed half way back. Brad Swenson stated he was not sure. Mayor
Ellison stated the stovepipe lots seemed awfully long. Councilmember
Wachter stated he felt the proposed development was unorthodox and
that he could not go along with the proposal. He stated there were
other ways to work the problem out.
Page 27/CITY COUNCIL MEETING MINUTES f' 0'
August 16, 1988
Wachter moved, Egan seconded, the motion to continue the
preliminary plat entitled Suncrest Addition to the September 19,
1988, City Council meeting, to allow staff and the developer to
review the stovepipe lots. All voted in favor.
EAGAN V. CARLSON
Egan moved, McCrea seconded, the motion to approve authorization
of payment in the amount of $16,993.00 to finalize the Eagan v.
Carlson case. All voted in favor.
SPECIAL PERMIT FOR GENERAL PUMP TO LOCATE A MOBILE OFFICE UNIT
Gustafson moved, Wachter seconded, the motion to approve a
one-year special permit for General Pump to locate a mobile office
unit at 3380 Highway 149, to be used as a temporary office until
August 15, 1989. All voted in favor.
CLIFF LAKE CENTRE SIGN PLAN
The developer outlined the new plans for the signs.
Councilmember Wachter stated he felt the trees had disappeared.
The developer stated only the poor trees were removed.
Mayor Ellison asked for a description of the materials used in
the signs. The developer stated they would be constructed of metal
and brick.
Councilmember McCrea asked Mr. Runkle how much extra signage
does the proposal ask for compared to what is allowed. Mr. Runkle
stated they were meeting the intent of the ordinance.
Egan moved, Wachter seconded, the motion to approve the Cliff
Lake Centre master sign plan. All voted in favor.
Councilmember McCrea stated she was bothered by the "variance"
language in the proposal. She felt it may be interpreted as a
precedent.
PROPOSAL FOR MEDIAN CUT AND COUNTY ROAD 30/BLACKHAWK PLAZA PROJECT
City Administrator Tom Hedges stated that SEH opposed the
proposal.
A representative of Blackhawk Plaza outlined the submitted
report and the letters. He stated they were stymied because
prospective developers would not buy without a median cut. He stated
there were few tenants in the mall because of the lack of the cut. He
sited June 5th minutes encouraging access from Highway 30.
Page 28/CITY COUNCIL MEETING MINUTES
August 16, 1988 0
Mr. Wolsfeld, traffic expert, stated they are not asking for a
full access intersection. He stated people from the east could
left-in and then right-out. He stated the movement could be
signalized and time coordinated with the 35E off-ramp.
Mayor Ellison asked Mr. Runkle if anything had changed with the
County since the Van Wermer letter. Mr. Runkle stated they are still
recommending denial. The developer stated they had hoped that the
Council would give them a vote of confidence before they went before
the County Board. Mayor Ellison asked when the County Board meeting
was scheduled. The developer stated the meeting was scheduled for
August 23, 1988, and further stated that Mr. Van Wermer refused to
meet. Mayor Ellison stated Mr. Van Wermer was the City consultant and
that the Mayor would direct a meeting.
Wachter moved, Egan seconded, the motion to approve a median cut
for County Road 30/Blackhawk Plaza project, subject to the approval
of consultant Van Wermer.
Wachter and Egan voted in favor; Gustaf son, Ellison and McCrea
voted against.
Councilmember Gustafson stated he felt there was a lack of
sufficient information to make a judgment on the matter. He would
prefer the motion to go to the County without recommendation.
Mayor Ellison stated that if Council approval was important,
perhaps the matter should be delayed for a month. He stated that if
City Planner Dale Runkle and consultant Van Wermer approved, the
Council would probably approve also.
McCrea moved, Wachter seconded, the motion to continue the
matter in regards to the median cut on Diffley Road into Blackhawk
Plaza to the September 6, 1988, City Council meeting to allow a
meeting with Dale Runkle and consultant Van Wermer. All voted in
favor.
PROJECT 473, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(PILOT KNOB ROAD - TRUNK STORK SEWER)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 473, Pilot Knob Road - trunk storm
sewer and schedule a public hearing for September 19, 1988. All voted
in favor.
PROJECT 485, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(NORTHVIEW PARK ROAD - STREETS AND UTILITIES)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 485, Northview Park Road - streets
Page 29/CITY COUNCIL MEETING MINUTES
August 16, 1988
and utilities and schedule a public hearing for September 19, 1988.
All voted in favor.
PROJECT 491, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(EAGAN HILLS FARMS - STREETS AND UTILITIES)
Gustaf son moved, McCrea seconded, the motion to receive the
final assessment roll for Project 491, Eagan Hills Farms - streets
and utilities and schedule a public hearing for September 19, 1988.
All voted in favor.
PROJECT 496, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(BRITTANY 10TH ADDITION - TRUNK STORM SEWER)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 496, Brittany 10th Addition - trunk
storm sewer and schedule a public hearing for September 19, 1988. All
voted in favor.
PROJECT 498, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(STAFFORD PLACE - STREETS AND UTILITIES)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 498, Stafford Place - streets and
utilities, and schedule a public hearing for September 19, 1988. All
voted in favor.
PROJECT 494, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (EAST
WESCOTT ROAD - STREETS AND UTILITIES)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 494, East Wescott Road - streets
and utilities, and schedule a public hearing for September 19, 1988.
All voted in favor.
PROJECT 500, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(EAGAN ROYALE/BRIAR OAKS - TRUNK UTILITIES)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 500, Eagan Royale/Briar Oaks -
trunk utilities, and schedule a public hearing for September 19,
1988. All voted in favor.
PROJECT 506, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(PARKCLIFF 2ND ADDITION - STORM SEWER)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 506, Parkcliff 2nd Addition - storm
sewer and schedule a public hearing for September 19, 1988. All voted
in favor.
Page 30/CITY COUNCIL MEETING MINUTES
August 16, 1988
PROJECT 516, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(GOPHER EAGAN 2ND ADDITION - STREETS AND UTILITIES)
Gustaf son moved, McCrea seconded, the motion to receive the
final assessment roll for Project 516, Gopher Eagan 2nd Addition -
streets and utilities, and schedule a public hearing for September
19t 1988. All voted in favor.
PROJECT 517, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
(SAINT FRANCIS WOODS 6TH ADDITION - STREETS AND UTILITIES)
Gustafson moved, McCrea seconded, the motion to receive the
final assessment roll for Project 517, Saint Francis Woods 6th
Addition - streets and utilities, and schedule a public hearing for
September 19, 1988. All voted in favor.
SPECIAL PERMIT/SIGN ADVERTISING/WHISPERING WOODS
Scott Ella informed the Council he would like to erect a sign
which would be four feet by four feet. He stated there are two owners
within 200 feet of the proposed construction site. He stated he had
notified both Federal Land and the Standard station.
Mayor Ellison asked if he would be meeting standard conditions.
He stated he would.
Councilmember Wachter stated the time frame should have been met
by the applicant. Councilmember McCrea stated it was late and the
matter should be continued.
Wachter moved, Egan seconded, the motion to continue the request
for a special permit for a sign advertising Whispering Woods until
the September 6, 1988, City Council meeting. All voted in favor.
BUDGET MEETING
Egan moved, McCrea seconded, the motion to approve a meeting
scheduled for August 30, 1988, to review the budget. All voted in
favor.
SMALL CITIES DEVELOPMENT PROGRAM GRANT
Gustafson moved, Wachter seconded, the motion to endorse the
preparation of a Small Cities Development Program Grant from MN-DTED.
All voted in favor.
Page 31/CITY COUNCIL MEETING MINUTES
August 16, 1988
SENACA PLANT
Mayor Ellison asked for a status report regarding the upgrading
of the Senaca plant. City Planner Dale Runkle stated the matter had
been referred back to the Planning Commission.
BILLS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated August 16, 1988, in the amount of $934,380.52. All
voted in favor /and dated July 31, 1988 in the amount of $597,595.49.
ADJOURNMENT
Upon motion duly made by Egan, seconded by Wachter, the meeting
was adjourned at 12:17 a.m. All voted in favor.
CITY OF EAGAN,
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By: frIL I
Eugen anOverbeke
Its: 11ity Clerk
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