03/01/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 1, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
March 1, 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, Public
Works Director Tom Colbert, City Planner Dale Runkle, and City
Attorney Paul Hauge.
AGENDA
Egan moved, McCrea seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
February 16, 1988 - Regular Meeting. Upon motion by Egan,
seconded Gustafson, it was resolved that the Minutes of the regular
meeting of the City Council of February 16, 1988 be approved with
the following changes: Page- 16, Solid Waste Abatement Commission,
it was noted that Darlene Bahr's name was mistakenly not included on
the ballot; page 20 relating to Town Centre 100 5th Addition,
condition 18 should read, that the developer shall work closely with
the staff to provide siding of as long lasting nature as possible,
and that such exterior siding shall be approved by the staff. All
voted yes.
STATE REPRESENTATIVE ART SEABERG &
LMC LEGISLATIVE COORDINATOR LIZ WITT
State Representative Art Seaberg of District 38B appeared and
briefly reviewed with the Council some of the more important
legislation pending during the 1988 legislature. Spending and taxes
are the big issues and he noted a bonding bill of $420 million being
proposed by Governor Perpich. The transportation bill is expected
to be passed, providing for some construction work at the east side
of the Mendota Bridge.
Liz Witt, Legislative Coordinator for the League of Cities in
District 38B, explained that the proposed Planning and Zoning Act
should be monitored carefully during the session. Mayor Ellison
stated that the important issues for the City are property tax
reform and local government aid which should be spread equitably.
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ROBERT GIEFER - 1988 SPECIAL ASSESSMENTS
Mr. and Mrs. Robert Giefer who live at 885 Lakewood Hills Road,
had requested they be allowed to prepay the outstanding balance on
special assessments, including 1988 installment on their property.
Gene VanOverbeke was present and stated he had a concern about
allowing prepayment without interest for all of 1988, according to
State law and the precedent that it could create. Councilman Egan
noted that the waiver that was granted to another property owner
about one month ago included a very serious hardship where the
property owners did not understand the prepayment provision and were
confused about the notice. He also had concerns about precedent and
was opposed to the waiver.
Member McCrea also was concerned about maintaining the policy
and the claim that other owners would make that they misunderstood
the prepayment policy. No action was taken.
SPECIAL ASSESSMENT INFORMATION - THOMAS VonBEHREN
Tom VonBehren appeared together with his attorney, Mary
Vujovich, concerning his request on behalf of Twin Cities Legal
Support Services, for special assessment information for the purpose
of reselling the data to law firms, title companies, and real estate
firms. Mr. Hedges indicated that the City currently charges $8.00
for each special assessment search and Mr. VonBehren objected to the
payment, and requested time on the City Council agenda to review the
matter. The City Administrator and Director of Finance had met with
Mr. VonBehren the previous Friday.
Ms. Vujovich stated that the searches are public records and
that Mr. VonBehren had not been given full access to the public
records. She spoke of the public information provision under M.S.
13.03, Subd. 3, and also objected to the fact that one Eagan
employee allegedly called a title insurance company and stated that
if no fee is paid, that cooperation by the City would be threatened.
She claimed a violation of the Data Privacy Act, tortious
interference with contract and violation of the Federal Data Act.
She requested a written apology to Mr. VonBehren and to the title
company and a Resolution authorizing information without cost.
Member McCrea was concerned about persons who would walk into
the City Hall and request the files be opened and use staff time to
review file information. City Attorney Paul Hauge explained that
the statute is somewhat confusing and the intent appeared to be to
allow persons to review public information without cost, except
where copies were required, but that the intention may have been
that it would not be used for commercial purposes.
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Mayor Ellison stated that he favored allowing use of the public
information allowed under Minnesota law and recommended the
information be made available without cost. Councilman Egan noted
the City staff is very busy and Cities handle City affairs
differently. Mr. Vujovich stated that her client was trying to set
up a reasonable time frame for viewing the information and does not
intend to use staff time any more than necessary.
Gustafson moved, Egan seconded the motion to approve the request
for access for any person without cost, for public information and
that the Administrator be directed to handle the requested apology
within his discretion. All voted yes, except McCrea who voted
against.
CONSENT AGENDA
The following consent agenda issues were brought to the City
Council and recommended to be approved:
1. Personnel Items.
a. Parks and Recreation Intern. It was recommended that
Mel Bailey be hired as an intern in the Parks and Recreation
Department commencing March 14, 1988.
b. Parks and Recreation Engineering Tech Intern. A
recommendation was made that William Bradley be hired as an
engineering technician intern for the Parks and Recreation
Engineering Department, starting March 7, 1988.
c. Police Association - Collective Bargaining Agreement.
The agreement offering a 2.5% compensation increase for 1988 and 3%
compensation increase for 1989, a compensation rate for
investigators to be set at 5% over the base patrol rate, and
insurance provisions was submitted and it was recommended the
Council ratify the collective bargaining agreement according to the
terms of the Council's last offer for 1988 and 1989.
d. Maintenance Bargaining Unit - Local #320 - Collective
Bargaining Agreement. A recommendation was made that the Council
ratify the Collective Bargaining Agreement according to the terms of
the Council's last offer between the Maintenance bargaining unit and
the City for the years 1988, 1989 and 1990.
e. Clerical Reorganization. It was noted that the
reorganization of the clerical staff at the Municipal City Center
was accomplished January 1, 1988 and it was recommended that the
Council approve the following:
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1. The elimination of the part-time assessment clerk
typist position in the Finance Department with the tasks for that
position being reassigned to the full-time clerk typist position in
Finance.
2. The transfer of the allocation for half-time clerk
typist to the Community Development Department, which would then
create a full-time position from one of its half-time positions.
2. Plumbers Licenses. A schedule of 9 plumbing license
applications was submitted and recommended that the applications be
approved.
3. Public Works Vehicle No. 143 - Dump Truck Bids. Bids have
been received from the Hennepin County Joint Purchase Project and it
was recommended that the Council authorize the purchase of Vehicle
No. 143, the dump truck for the Public Works Department, from North
Star International in the amount of $39,811.10.
4. Public Works Vehicle No. 144 - Front End Loader. The
specifications for a front-end loader for the Public Works
Department consisting of Vehicle No. 144 have been prepared and it
was recommended the Council authorize the advertisement for bids to
be opened at the City Hall at 10:00 a.m. on March 25, 1988.
5. Ridgeview Acres - Project #522. The feasibility report has
been completed and it was recommended that it be received covering
Ridgeview Acres street lights under Project #522 and the Council
authorize the public hearing to be scheduled at the City Hall at
7:00 p.m. on April 5, 1988.
6. Bridle Ridge 2nd Addition - Project #532. A petition had
been received for Project #532 for Bridle Ridge 2nd Addition and it
was recommended that the Petition be received and the Council
authorize the preparation of the feasibility report and detailed
plans for the state aid street.
7. Yorkton Industrial Park South 2nd Addition - Final Plat.
The application for final plat approval of Yorkton Industrial Park
South 2nd Addition was submitted and it was recommended that the
application be approved subject to compliance with the City
requirements. R-88.9
8. Heine Strasse Lane - Project #533. As part of the County's
five-year capital improvement program, Diffley Road from I-35E to
Heine-Strasse Lane is scheduled to be upgraded in 1989. Because of
the extensive design requirements, a Joint Powers Agreement was
necessary to initiate the feasibility report and it was recommended
that the Council authorize the preparation of a report for Project
#533, Diffley Road from I-35E to Heine-Strasse Lane for streets and
utility improvements.
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9. Blackhawk Hills Road & Federal Drive - Right-of-Way
Vacation. A petition had been received for the vacation of right-
of-way for Blackhawk Hills Road and Federal Drive. It was
recommended that the Petition be received and that a public hearing
be scheduled for April 5, 1988 at the City Hall at 7:00 p.m.
10. Safari Pass - Right-of-Way Vacation. A petition was
received to vacate excess right-of-way along the west side of Safari
Pass, adjacent to Eagan Royale Addition, which was excess right-of-
way acquired by MnDOT as a part of the I-35E frontage road
construction program and subsequently conveyed to the City. It was
recommended to the City Council that it receive the Petition and
schedule a public hearing to be held at 7:00 p.m. on April 5, 1988
at the Eagan Municipal Center.
Egan moved, McCrea seconded the motion to approve the foregoing
consent agenda items and authorize their implementation. All voted
in favor.
LEXINGTON SQUARE - PROJECT #527 - PUBLIC HEARING
Mayor Vic Ellison convened the public hearing regarding Project
#527 consisting of storm sewer improvements for Lexington Square.
It was discovered, according to Mr. Colbert during the notification
process, that all property owners received a notice of public
hearing, but that not all those property owners were included in the
legal description of the notice, and therefore it was recommended
that the hearing be continued. Upon motion by Wachter, seconded
Gustafson, it was resolved that the public hearing regarding Project
#527 Lexington Square, be continued until the March 15, 1988 regular
meeting. All voted yes.
THOMAS LAKE POINT DEVELOPMENT - OFF-SITE SIGNAGE
Mr. Hedges noted that a request was made by Dominium Group, the
developer of the Thomas Lake Point apartment project on Thomas Lake
Road that the variance for off-site signage be allowed on Thomas
Lake Road and on Cliff Road. Bob Lux from Dominium was present and
it was noted that the location of the project was within the woods
and that it was a very site sensitive project and appeared to be
well developed. Mr. Lux mentioned that the attempt of the developer
was to make it a secluded project in a very sensitive area and there
was some difficulty in obtaining renters.
Mr. Runkle, after questioning, stated that the City policy is
that there is to be no off-site signs from November through May, but
may have not been intended to cover larger single family residential
projects. Two signs were allowed with a maximum of 4 feet by 8 feet
in size. Mr. Lux mentioned that it was expected that the project
would be rented by late Summer and then re-renting would begin in
the Fall of 1988.
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"NO
Member Egan favored the exception to the temporary sign
ordinance because of the nature of the project and it was noted that
3 foot by 12 foot signs were requested. They would be of a
permanent nature but for a maximum of one year with neutral earth-
tone colors.
Egan moved, McCrea seconded the motion to approve the request
for special permit for one sign each on Cliff Road and Diffley Road
with a size no greater than 3 feet by 10 feet, noting that the
hardship is that the project is secluded, that the developer has
done a good job with site sensitivity at the request of the City and
the neighboring owners; further, Mr. Gustafson noted that the
appearance of the sign appeared to be of good quality. All voted
in favor.
HOLLAND LAKE STORM SEWER PROJECT - CONTRACT #86-23
Public Works Director Tom Colbert recommended approval of Change
Order No. 3 to Contract #86-23 consisting of the Holland Lake storm
sewer clean-up improvements. He mentioned that the contractor will
not pay for the work and that it was part of the July 23, 1987 storm
clean-up cost. Gustafson moved, Egan seconded the motion to approve
Change Order No. 3 to Contract #86-23. All voted positively.
FISCAL 1987 BUDGET ADJUSTMENTS
City Administrator Tom Hedges explained that each year the
Director of Finance prepares budget adjustments for the preceding
year, representing certain expenditures allowed in 1987 which
exceeded the budgetary guidelines for that calendar year. A memo
from Gene VanOverbeke dated February 23, 1988 was reviewed and Mr.
Hedges mentioned that the high level of activity and also the
comparable worth revisions which were the primary reasons for the
changes. The City spent $350,000.00 more than its budget, but
revenue was increased by $550,000.00 according to the information.
Wachter moved, Egan seconded the motion to approve the fiscal 1987
budget adjustments prepared and presented for consideration. All
members voted affirmatively.
RICHARD'S FOOD & LIQUOR
FARMINGTON KNIGHTS OF COLUMBUS - GAMBLING LICENSE
An application from the Farmington Knights of Columbus for bingo
only gambling license for Richard's Food & Liquor at 4185 So. Robert
Trail was upon request of the Police Department, recommended to be
continued. Upon motion by Wachter, seconded McCrea, it was resolved
that the Council continue the consideration until the March 15, 1988
regular council meeting. All voted yea.
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COMMISSION TERM - CITY CODE AMENDMENT
A draft prepared by the Eagan City Attorney's office of a
proposed Ordinance Amendment establishing the size of each
commission and committee, and the length of terms of each commission
or committee member was submitted for the Council's review. City
Attorney Paul Hauge recommended a continuance to provide that there
be allowance for the Council Resolution regarding special commission
appointments and terms and it was noted that one other change on
page 2 of the proposed Ordinance should be drafted. Egan moved,
Gustafson seconded the motion to continue consideration of the
Ordinance revision until the March 15, 1988 regular City Council
meeting. All members voted aye.
BLACKHAWK POND ADDITION - PRELIMINARY PLAT & VARIANCE
An application of Meritor Development Company for Comprehensive
Guide Plan, Planned Development Amendment, preliminary plat and
variance for Blackhawk Pond Addition was brought to the Council for
its review and consideration. Mr. Hedges mentioned that the
Advisory Planning Commission reviewed the project at its January 26,
1988 meeting and recommended approval at its meeting on February 25,
1988, subject to certain conditions. Dale Runkle explained the
revisions which had been resubmitted to the Advisory Planning
Commission, including the shortening of the cul-de-sac, and the lot
reduction from 49 to 46 feet total. Larry Frank of Meritor
Corporation appeared and mentioned that the stovepipe lot had been
lengthened. A portion of the street included a 12% street grade and
Councilman Egan asked if Staff had any objections. Mr. Colbert
answered that the staff determined that the layout is best suited
for the parcel. A cul-de-sac of about 1,300 feet including 1,000
feet within this subdivision, was also requested.
Member McCrea complimented the developer on down-zoning from
multi-family to single family residential but was concerned about
the discharge into Blackhawk Lake, which according to the report,
would be fairly insignificant. She requested that the discharge be
closely monitored. Member McCrea also questioned the potential
flooding noted in the report and asked if there is a potential for
flooding. Mr. Colbert answered that there may be some alternatives
to minimize the concern.
Councilman Wachter also expressed his concerns about tree
removal and Mr. Frank stated that the removal would be minimized.
There would be permanent access into Blackhawk Park at the south
end of the subdivision and also an 80 foot access on the northerly
end of the plat. It was recommended by the Park and Rec. Department
that the City clearly sign the southerly entrance to the Park.
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There being no objection, Wachter moved, Gustafson seconded the
motion to approve the application for Comprehensive Guide Amendment
from D-III to D-I. All voted yes.
Egan then moved, McCrea seconded the motion to approve the
application for rezoning to provide for planned development
amendment within Blackhawk Park PD to an R-1 district. All voted
aye.
Egan moved, Wachter seconded the motion to approve the
application for preliminary plat subject to the following
conditions:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
o. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
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9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
11. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
12. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
13. The development will be responsible for providing an
adequately sized storm sewer to intercept the storm water flow from
the northerly terminus of Conklin Lane.
14. The development will be responsible for providing a 3 CFS
capacity storm sewer stub to the westerly adjacent property.
15. No site generated storm water runoff will be allowed to
discharge directly into Blackhawk Lake.
16. The development will be responsible for providing the
appropriate emergency overflow outlets for the small ponding area on
the westerly side of the property and for Pond BP-29.
17. The development will be responsible for developing a storm
water treatment system which reduces the post-development phosphorus
loading levels to pre-development levels.
18. The development will be responsible for providing a
sanitary sewer service stub to the westerly boundary of this site in
a location and at a depth which provides maximum flexibility for
potential development of the westerly adjacent property.
19. A variance shall be granted for the cul-de-sac in excess of
City standards.
20. Proposed Outlot A shall be dedicated and accepted for parks
purposes and an eventual trail access.
21. The development shall dedicate Outlot "B" for a future park
road access to Blackhawk Community Park. Said outlot shall be
reconfigured in order to accomplish an engineered roadway. Further,
that any temporary road easement for grading purposes be obtained
from the developer, at this time.
All councilmembers voted in favor.
See Plat File
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McCrea moved, Gustafson seconded the motion to approve the
request for variance for the cul-de-sac in excess of 500 feet,
according to the approved plan. All members voted yes.
CLIFF LAKE CENTER - SITE PLAN REVIEW - PRELIMINARY PLAT
At 8:15 p.m., City Administrator Tom Hedges introduced the site
plan review and revisions to the Cliff Lake Center preliminary plat
of the Ryan-Hoffman Development. He explained that the item should
have been in old business rather than new business on the agenda,
and that the Advisory Planning Commission action taken at its
regular meeting on February 25, 1983 recommended approval, subject
to some additional conditions. Mr. Runkle described the background
of the project which was brought to the Council in 1987 and
mentioned that on December 1, a revised plan with changes in
internal road configuration was brought to the Council, including
the shift of the Cub Food building to the east. At the December 17,
1987 regular meeting, revisions were again provided and modified
somewhat in January, including Rahn Road. An Environmental
Agreement was approved by the City Council in January of 1988.
Currently the revised plan provides for 258,000 square feet of
retail use or a reduction of 63,000 square feet and he noted that
setbacks from the lake and the amount of impervious surface were
issues in the January DNR Agreement. The developer has indicated
that the loading area setback of 300 feet could be met. The issue
before the Advisory Planning Commission included whether in the new
plat, the road alignment shifted, as compared with the December 12
plan, and Mr. Runkle indicated that the road had been shifted about
30 feet on the northwesterly portion of the street. In addition,
the detailed grading plan relating to the contours of Cliff Lake
also was an issue.
Bill McHale of Ryan Construction and other representatives of
Ryan-Hoffman were present. Mr. McHale stated that the developer
accepted all of the conditions of the Advisory Planning Commission
except B and he requested the wording be revised to provide that the
agreement with the DNR would be adhered to as written.
There were three areas of concern regarding the Cub store,
according to Mr. McHale:
1. The entrance behind the Cub store and a berm would be
provided on the north side of the road, including plantings
screening the loading dock.
2. Hours of operation. There would be a 200 foot setback from
the residential area provided to comply with the larger houses.
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3. Conditional use permit for the loading dock. The developer
move the Cub food store farther away from Cliff Lake but it will now
not comply to the 300 foot loading area distance. The developer
would either move the building south and still would be more than
100 feet from the lake, or request a conditional use permit.
Mr. Colbert discussed the potential filling of the present
outlet from the lake and he stated he understood DNR had no
objection nor did the staff. In addition, Mr. Colbert discussed the
30 foot right-of-way movement to the north and indicated that the
curvature alignment standards for state aide generally caused the
changes and understood that they would conform with the
requirements.
Michelle Swanson of 1977 Badger Court appeared and had a number
of questions. She asked where the water outlet is at the present,
running northerly out of the lake, and stated the issue is whether
the 890 foot elevation moves the commencement. location for the
setback northerly. She also questioned what would happen to Rahn
Road and Mr. Colbert stated it would only be abandoned and not
obliterated. She also asked whether the berm would normally be
commenced outside of the right-of-way and Mr. Runkle answered yes.
She recommended against changing the size of the parking stalls from
10 feet to 9 feet in width and asked about the Comp Guide revision.
Mr. Runkle indicated that the Met Council has questioned the
possible need for revision.
The impervious surface under the current plan may be about 71%
according to Dale Runkle and she recommended restricting the truck
loading from 8:00 a.m. to 5:00 p.m. She also requested that the
neighbors be allowed to review the exterior materials before the
commencement of construction. Mr. McHale indicated that that would
be possible to do. The last request recommended that an EIS be
prepared and that a Planned Development amendment hearing be held
because of the abandonment of the street, the roadway changes and
the EIS changes.
A question was asked of Paul Hauge whether there was a need to
revise the Planned Development and he answered that an amendment
would be required only if there are significant changes from the
original Planned Development approved for the entire project based
upon the information that would be compiled by the staff.
Councilman Egan argued that the final design development is the
proper term to use and the Council should approve the final design
and construction of Rahn Road. There was discussion concerning
condition 19 of the December 1, 1987 City Council approval and it
was noted it should continue in effect. Also, Mr. Egan suggested
that conditions 14 and 15 were not anticipated in condition 19 and
that a change for Rahn Road is not intended.
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Mr. Gustafson stated that abandonment of Rahn Road, which is now
contemplated, was not considered on December 1, 1987. Mayor Ellison
mentioned that the City staff had recommended changes in the Rahn
Road use and alignment.
Brenda Christianson of 4232 Jasper, a neighboring resident,
argued that the neighboring owners deserve a right to vote on the
project. Rahn Road should not be closed off and the developer
should have other ways to circulate traffic according to Ms.
Christianson.
Councilman Wachter asked whether the Council should consider
retaining Rahn Road in place or other options for Rahn Road. Mr.
Colbert recommended that the most recent design for Rahn Road be the
approved alignment. There was a question of more freedom of
movement at the Rahn intersection or less traffic north on Rahn
Road. Mr. Colbert mentioned that the State of Minnesota has not
approved the median and may deny state aid if it does not approve
the inclusion of the median at the Rahn Road entrance.
Mr. Wachter again suggested reviewing Rahn Road including the
proposal that outlet south of the pond. Glen VanWarmer of Short-
Elliott Hendrickson was present and addressed the proposal. The
objective had been to keep the traffic out of the neighborhood to
the north and to keep traffic reduced at the Rahn and Diffley
intersection. Only a small part of the traffic on Rahn Road would
come from the north part of the Cliff Lake Center and noted the
problem for the neighbors proceeding north on Rahn Road if there is
a median on Cliff Lake Center Drive.
Lisa Maddock had concerns about bus traffic and VanWarmer stated
that it would be possible to reroute the school buses. Mr. Colbert
also reacted that there are other heavily traveled streets in the
City where there are bus stops and that the fencing of school
property would not necessarily be required. Ms. Maddock recommended
that Target not be located at the Cliff Lake site and that there are
other sites available. VanWarmer suggested that the current
proposal for Rahn Road appears to be the preferable alignment.
Member McCrea asked when the feasibility report concerning the
off-site improvement costs will be completed, and Mr. Colbert
answered that the public hearing is proposed to be held on April 19,
1988. Mr. McHale, in answer to questions, stated that the developer
would pay for all of the cost to Cliff Lake Center Road. Member
McCrea recommended that a planned development amendment be required
and that a public hearing be held.
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March 1, 1988
Dennis Klohs appeared and stated that the reason for the present
plan is that traffic did not work on the first plan. He suggested
that the amount of traffic on Rahn and Cliff Roads be reduced and
that the shopping center level of service be made to fit the traffic
availability. Member Gustafson asked Mr. VanWarmer whether one
driveway access from the Target center is practical and Mr.
VanWarmer's answer was, with the traffic signal and the right-turn-
in, that the traffic can be handled with a single intersection. Mr.
Gustafson also asked whether the intersection with Blackhawk Road
not having a 90 degree interchange may be a problem. The answer was
that the new alignment will provide for nearly a 90 degree
intersection and a better curve alignment.
Mr. Gustafson objected to allowing the developer to develop any
more of the property for commercial uses and recommended no change
in the roadway from the original approval. Mayor Ellison noted that
an additional 4 acres had been converted to Commercial use by the
December 1 , 1987 Plan in relation to the original Planned
Development.
Mr. McHale argued that there is less commercial acreage than in
the December 17 plan and Mr. Colbert noted that the State Aid
standards are what were used to set the final roadway design. Mr.
Gustafson further requested that the feasibility report for off-site
improvements include factoring in other surrounding development,
including the Federal Land property and Mr. Colbert indicated that
it had.
Dick Hoppe of Westwood Engineering on behalf of the developer,
explained that there are differences in the roadway but that a
trade-off of area had taken place. He had earlier indicated that
the commercial square footage had not changed from the December 17
plan. Mr. Gustafson, however, countered that the Phase One
commercial area has been increased and it is the only parcel being
considered at the present time.
Mr. Egan noted that three engineers present at the meeting all
recommended the current roadway design. Council recommended the
conditional use permit regarding the location of the Cub building
rather than moving the building closer to Cliff Lake.
Mr. Wachter again requested that further study be made of the
Rahn Road alignment and Councilman Egan indicated that questions are
what the residents would gain from the change, the impact on state
aid and the safety issues. Mr. VanWarmer noted that allowing a full
left turn could be studied and it would require modification to
design. Councilmembers generally agreed upon the current alignment.
Another issue were the hours of business and according to the
City Attorney, if the ordinance provision is complied with, the
hours can be extended beyond 7:00 a.m. to 1:00 a.m. Member McCrea
recommended the feasibility report covering sharing of off-site
costs should be a condition of approval.
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March 1, 1988
The Council directed the City Attorney and the staff to research
and make a recommendation to the City Council whether a planned
development amendment covering the revisions in the plat and the
site plan, from the original planned development, would be required.
Mr. McHale stated that the developer will comply with the provisions
of the DNR and City agreement of January 1988.
Another question arose as to whether the drainage area can be
filled in without council approval and Mr. Colbert stated the staff
does not consider the ditch as part of the lake and would issue a
grading permit on that basis, but that it requires DNR approval.
The Council had no objection to that approach.
Mayor Ellison opposed the grading permit until final plat
approval because of the site sensitivity.
Egan moved, McCrea seconded the motion to approve the revised
site plan and preliminary plat, subject to the following conditions:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
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March 1, 1988
7. A detailed grading, drainage, erosion, and sediment control
plan shall be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
9. If any public improvements are to be installed under a City
contract, the appropriate project shall be approved by Council
action prior to final plat approval.
10. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
11. A conditional use permit shall be obtained from the City
Council for the off-street loading area at Super Value.
12. The detailed landscape and lighting plans shall be reviewed
and approved by the City, and an adequate bond shall be submitted
and not released until one year after the landscaping has been
completed.
13. Architectural treatments and aesthetic controls shall be
retained by the City of Eagan and reviewed in detail. All sides of
each building shall be constructed of the same material. All
loading docks shall have false walls or screening walls to properly
screen the area.
14. Because of the elevation difference between Cliff Road and
the proposed center, parapet walls and mechanical devices on the
roof shall be reviewed carefully and screened to the maximum extent
possible.
15. The development shall comply with the most recent
requirements of the Standard Conditions of Plat Approval as adopted
by City Council action.
16. The DNR Agreement will be adhered to and enforced as
drafted and executed.
17. Outlot B detention pond will be 100% within property owned
by developer. Rahn Road right-of-way will remain in place for
possible use by the City as the City Council determines.
18. No grading permit will be issued until an Indirect Source
Permit is issued by the appropriate agencies and approved by the
City Council.
19. All landscaping for the project (including islands within
the parking lot) shall be irrigated to insure healthy plant life.
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Council Minutes
March 1, 1988
20. The property line between CSC and office uses shall not be
changed.
21. The staff and the City traffic consultant shall review the
access of Rahn Road to Cliff Lake Center Drive, including both the
location and the potential of break in the median with the final
design to be approved by the City Council.
22. The City attorney and staff shall make a recommendation to
the City Council as to whether an amendment to the Eagan Hills West
Planned Development shall be required based upon the revisions to
the site plan and the preliminary plat and a decision by the City
Council shall be made concerning such amendment.
23. The City Council shall make final approval concerning the
feasibility report including off-site improvements, and the
allocation of such costs to the affected property owners in the
area.
All voted yes except Gustafson who voted no. The public hearing
concluded at 10:30 p.m.
See Plat File
EAGAN HIGH SCHOOL - DAKOTA HILLS MIDDLE SCHOOL
REZONING & PRELIMINARY PLAT
The application of Independent School District #196 for rezoning
and preliminary plat approval for Eagan High School and Dakota Hills
Middle School was next brought to the Council. It was recommended
that the consideration be continued until the next regular meeting.
Upon motion by Egan, seconded McCrea, it was resolved that the
recommendation to continue the consideration until the regular
meeting of the City Council on March 15, 1988 be approved All voted
yes.
See Plat File
SCHINDELDECKER 1ST ADDITION - FIRE STATION NO. 5
The next application to come before the Council was the
Comprehensive Guide Plan amendment, rezoning of 2 acres from
Agricultural to Public Facilities and preliminary plat for
Schindeldecker 1st Addition for the location of the proposed Fire
Station No. 5 project. The Advisory Planning Commission held public
hearings on January 26, 1988 and February 25, 1988 and recommended
approval subject to certain conditions. Dale Runkle described the
plan and noted issues before the Planning Commission included
landscaping and location of the access to the street. There were no
objections at the City Council meeting.
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Council Minutes
March 1, 1983
Wachter moved, Egan seconded the motion to approve the
application for comp guide amendment to Public Facilities. Member
McCrea stated she had some major concerns regarding old Galaxie Road
and the outlet for the 3 acres owned by Mel Astleford adjacent to
the west. She noted the dangerous location of Galaxie unless a 90
degree intersection is provided, and Mr. Colbert answered that a
better access to Galaxie will be available when the land to the
north is developed. Ms. McCrea recommended that if a new access is
provided, that old Galaxie not be used except for driveway to the
Fire Station. All members voted yes.
Egan moved, Wachter seconded the motion to approve the
application for rezoning from Agricultural to Public Facilities.
All voted yea.
Egan moved, Gustafson seconded the motion to approve the request
for preliminary plat, subject to the following conditions:
1. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
2. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in accordance
with City engineering standards.
4. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
5. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
6. All standard platting and zoning conditions shall be adhered
to unless specifically granted a variance by Council action.
7. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
All voted affirmatively.
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Council Minutes
March 1, 1988
ECONOMIC DEVELOPMENT PLAN - TWO YEAR & FIVE YEAR
The City Administrator brought to the City Council, the
recommendation of the Economic Development Commission for the
approval of the two and five year action plans. He noted that most
of the items in the plan had been reviewed or given direction by the
City Council and they are intended to become a guideline for work
tasks that impact economic development within the community. In
addition, the City would use the plan as part of the Star City
recertification schedule for 9:00 a.m. Thursday, March 10, 1988.
The question was asked whether the commercial use study should be
included and it was noted that it is included in the action plan.
There were no priorities set, according to Mr. Hedges, and
consideration of the Eagan Community Center was suggested to be
considered rather than constructed in the five-year plan.
Egan moved, McCrea seconded the motion to approve the two and
five year action plans recommended by the Eagan Economic Development
Commission. All members voted yes.
PUBLIC IMPROVEMENT CONTRACTS
1. Radio Communications Contract. It was recommended that the
bids for the radio communication contract, existing mobile radio
modifications, be received and the contract be awarded to the low
bidder, Communications Center, in the amount of $1,067.00. Wachter
moved, McCrea seconded the motion to approve the recommendation.
All voted yes.
2. Stafford Place - Trunk Utilities - Contract #87-24. Mr.
Colbert noted that the Change Order to the contract was being
proposed to complete work on Contract #87-6 and recommended they be
approved. Wachter moved, Gustafson seconded the motion to approve
Change Order No. 2 to Contract #87-24 in the amount of $6,323.82 and
authorize the mayor and clerk to sign the necessary documents. All
voted in favor.
3. Cliff Road Johnny Cake Ridge Road to Pilot Knob Road -
Project #510. Upon motion by Egan, seconded Gustafson, it was
resolved that the City Council approve the City/County Joint
Participation Agreement for Project #510 consisting of Cliff
Road/Johnny Cake Ridge Road to Pilot Knob Road. All voted aye.
MOBILE RADIO - SURPLUS PROPERTY
The staff recommended the Council declare 24 mobile radios as
surplus property and authorize their trade to Communications Center
in exchange for one new Midland Mobile Radio. Upon motion by
Gustafson, seconded Wachter, it was resolved that the recommendation
be approved and implemented. All voted aye.
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March 1, 1988
LEAGUE OF MINNESOTA. CITIES "CITIES WEEK"
The League of Minnesota Cities, according to Mr. Hedges, is
celebrating its 75th anniversary during 1988. The week of May 1
through 7, 1988 has been designated as Cities Week. Administrative
Assistant Holly Duffy's memo dated September 3, 1987 was discussed,
including several options that the City may decide to participate in
to celebrate the event. Because of the high volume of development
work that the staff is involved with, the City Council suggested the
events be kept at a fairly low key.
OPTISCAN VOTING EQUIPMENT
The City Administrator explained that at the February 16, 1988
City Council meeting, members requested the staff look at various
financing options including lease-purchase arrangements. Director
of Finance submitted a memo dated February 26, 1988 indicating that
two quotes were made for leasing, including Norwest Investment
Services, Inc. at approximately 7.24% for a five year proposal and
Marquette Leasing Services, Inc. for 3 to 5 year lease in the high
7% interest bracket. Purchasing from the City funds spread over 3
to 5 years or use of equipment certificates were other financing
methods.
Councilman Gustafson suggested keeping the current equipment for
the 1988 general and special elections and that there be no request
to purchase at the present time in order to stay within the current
budget process.
Gustafson moved, Wachter seconded the motion to retain the
present equipment for 1988 based upon the reasons described above.
All members voted yes.
SAVE YOUR VISION WEEK
The Proclamation submitted by Yankee Eye Clinic declaring the
week of March 6 through March 12, 1988 is Save Your Vision Week in
the City, was submitted. Gustafson moved, McCrea seconded the
motion to adopt the proclamation. All voted affirmatively.
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Council Minutes
March 1, 1988
CONSULTING ENGINEER FIRM SELECTION PROCEDURE
The City Council at its meeting on February 2, 1988 determined
to seek Statements of Qualifications from engineering firms for the
purpose of providing consulting engineering support to the City.
The SOQ's have now been submitted from about 29 engineering firms
for various engineering services and the staff requested direction
from the City Council. A suggestion was made that the staff reduce
the list to approximately 3 to 6 for general engineering services
and Member McCrea recommended the City Council use Eagan based
firms, if possible. The Council gave direction to the staff to
reduce the number of firms to 3 to 6 firms and the Public Works
Committee would then meet on March 11, 1988 at City Hall from 3:00
to 6:00 p.m. to interview the finalists.
COMMERCIAL RETAIL STUDY
Proposals have been received from four consultants to analyze
the City's commercial retail needs and each of the proposals was
submitted with the City Council packet. It was noted that the bids
were higher than projected but that the four varied dramatically in
the amount of their bids, from $17,500 to $38,000. Councilman Egan
stated it was important to proceed with the commercial study and
Member McCrea suggested that some of the information could be
acquired by the staff without paying the firm that is engaged to do
the study. Mayor Ellison was concerned about credibility of a firm
which has done work for developers in the City and Councilmember
McCrea recommended that the Councilmembers and the staff meet with
Public Financial Systems and Laventhol & Horwath representatives
with the staff preparing questions. Wachter moved, Gustafson
seconded the motion to proceed based upon the foregoing
recommendation as soon as possible with the City Administrator
setting a time for the meeting. All voted yes.
QUALITY DEVELOPMENT INDICATORS
A memo from Tom Colbert, the Director of Public Works, dated
February 29, 1988: indicating- that quality indicators had been
submitted at a special City Council workshop on February 25, 1988
regarding various phases of development and growth in the community.
The Councilmembers were encouraged to submit other quality
indicators for final review.
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Council Minutes
March 1, 1988
CLIFF LAKE GALLERIA - PROJECT #529
The feasibility report for Project #529 consisting of street and
utilities for the proposed Cliff Lake Galleria has been completed.
Upon motion by Egan, seconded McCrea, it was resolved that the
Council receive the report and schedule a public hearing to be held
on April 19, 1988 with the understanding that an informal
presentation of the draft report will be delivered by the staff
prior to the hearing on April 19, 1988. All councilmembers voted
positively.
DAKOTA COUNTY SOLID WASTE MANAGEMENT PROGRAM
Tom Hedges explained that a public information meeting will be
held at the Dakota County Library in Eagan on Thursday, March 17,
1988 at 6:00 to 9:00 p.m. regarding the Dakota County Solid Waste
Management Program.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the checklist
dated March 1, 1988 in the amount of $218,624.51. All voted yea.
ADJOURNMENT
McCrea moved, Egan seconded the motion to adjourn the meeting at
12:05 a.m. All voted in favor.
PHH
Cit Clerk
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