06/04/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE "° 'c
EAGAN CITY COUNCIL
Eagan, Minnesota
June 4, 1996
A regular meeting of the Eagan City Council was held on Tuesday, June 4, 1996 at 6:30 p.m. at
the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin
and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of
Public Works Tom Colbert, and City Attorney Jim Sheldon.
AGENDA
Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda
as presented. Aye: 5 Nay: 0
MOIMIMMAYAIMAEOPPARNEETIV
Councilmember Hunter noted a correction to page 12, last paragraph, it should state that, when
there are no residents for much of the area. He also added that on page 15, paragraph 2, it should be
noted that Councilmember Wachter and Mayor Egan voted Nay. In addition, he stated that on page 19,
paragraph 4, it should be noted that Councilmember Hunter voted Nay. Councilmember Masin noted a
correction to page 2, last paragraph, to change the word AMN to AMM. Administrator Hedges noted a
correction to page 3, paragraphs 2 and 3, that the amount of the change order should be$2,425.00
Instead of$42,000.00.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
• minutes as amended. Aye: 5 Nay: 0
Councilmember Hunter requested a change to page 8, 2nd to last paragraph, to include the final
action which should read, "Therefore there is no need to return this to the APC." He also noted on page
11, last paragraph, it should read, "In particular, Hunter noted that the proposed signal at Diffley Road
and Rahn Road should be installed in 1997, based primarily on a report from Director of Public Works
Tom Colbert that this intersection is the number one priority in Dakota County, based on traffic volumes
and preventable correlated accidents." Councilmember Masin requested that on page 11, paragraph 4,
it be amended to read, "Masin stated that she is appreciative of their efforts to find sites within Eagan
and encourages them to look elsewhere."
Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the
minutes as amended. Aye: 5 Nay 0
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the
minutes as presented. Aye: 5 Nay 0
Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the
minutes as presented. Aye: 3 Nay 0 (Councilmember Wachter and Councilmember Awada
abstained.)
MME
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996 c_? Ai
• PAGE 2
ARTM EntigAWOMMEAS
Administrator Hedges Introduced David Hinnenkamp from Kern, DeWenter, Viere, Ltd., the City
of Eagan's independent auditors. He also acknowledged Gene VanOverbeke, Director of
Finance/Treasurer, and the Finance staff for their cooperation in the audit process. David Hinnenkamp
gave a presentation of the 1995 Comprehensive Annual Financial Report.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to accept the
December 31, 1995 Comprehensive Annual Financial Report. Aye: 5 Nay: 0
CONSEMPAGENDA
In regard to Item E, Approve Pedestrian Crosswalk Policy,Councilmember Hunter asked what
the next step is for the Walnut Park neighborhood. He asked if they had been notified of this item and if
staff had received any reaction. Director of Public Works Colbert indicated that they had not been
formally notified. He stated that once the crosswalk policy is adopted, their request for traffic control will
be reactivated and reviewed with the new policy. Colbert indicated that it would then be brought back
to the Council, along with advance notification being given to the neighborhood. Councilmember Awada
indicated that this should be done soon.
In regard to Item H, Councilmember Masin had requested this item be taken off the consent
agenda. She later indicated that she found the answer to her question and did not need this item pulled.
In regard to Item I, Agreement. Approve Dakota County/City of Eagan Joint Powers Agreement
• for Enhanced Fine Revenue Collection Program, Councilmember Masin asked if this item had been
discussed before. Administrator Hedges indicated he did not recall that it had and that there was no
formal action the City Council had to take. He gave an overview of the success of the program and
noted the other cities involved. Councilmember Masin asked Administrator Hedges to give a brief
summary of the Fine Revenue Collection Program. Administrator Hedges gave an overview of the
collection program. Mayor Egan indicated he had attended a Dakota County Mayors/Managers meeting
a few weeks ago where Dakota County Administrator Brandt Richardson gave a presentation regarding
this program and stated he was favorably impressed.
In regard to Item N, Denial, Massage Therapy License for Michael Persing to practice at Wastl
Chiropractic, 1340 Duckwood Drive. Michael Persing appeared before the City Council and presented
additional information. He indicated that he had obtained information relating to the school he attended.
Mr. Persing also stated that he did not present evidence of past practice because he does not have a
license to practice, but mentioned that he has assisted at Grandma's Marathon for several years and
feels that he has the experience necessary to obtain this license. Mayor Egan felt this item should be
continued to the June 18 City Council meeting. He felt Mr. Persing had the opportunity to present this
information prior to the last Council meeting as well as prior to this evening's Council meeting, and that
his failure to do so warranted the continuation to allow for further investigation by the Police Department.
Councilmember Hunter moved, Councilmember Awada seconded a motion to reconsider. Aye:
5 Nay: 0
Councilmember Hunter moved, Councilmember Wachter seconded a motion to continue this
item to the June 18 City Council meeting. Aye: 5 Nay: 0
•
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
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A. Personnel Items
Item 1. It was recommended to approve the hiring of Jill Hammer as a seasonal ballfield attendant.
Item 2. It was recommended to approve the hiring of Jason Lane as a seasonal street maintenance
worker.
Item 3. It was recommended to approve the hiring of Heather Rougier as a temporary Engineering
Intern in the Engineering Department.
B. Resolution, Airport Relations Commission, to Improve FAA Enforcement of Eagan-Mendota Heights 96.36
Corridor. It was recommended to approve a resolution requiring that aircraft operations compliance with
the Eagan-Mendota Heights Corridor be improved.
C. Contract 96-15, Approve Plans/Authorize Ad for Bids(Meadowview Road - Utilities). It was
recommended to approve the plans and specifications for Contract 96-15 (Meadowview Road - Utilities)
and authorize an advertisement for a bid opening to be held at 11:00 a.m. on June 14, 1996.
D. Resolution. Comprehensive Guide Plan Amendment. Blackhawk Acres 4th Addition. It was 96.37
recommended to approve a resolution amending the Eagan Comprehensive Guide Plan from D-III Mixed
Residential to D-I Single Family for Blackhawk Acres 4th Addition.
E. Approve Pedestrian Crosswalk Policy. It was recommended to approve the Pedestrian Crosswalk
Policy.
• F. Project 709. Receive Report/Order Public Hearing (Kennebec Drive. Yankee Doodle Road & T.H.
13/Blackhawk Road). It was recommended to receive the feasibility report for Project 709 (Kennebec
Drive, Yankee Doodle Road &TH 13/Blackhawk Road - Street & Signal Improvements) and schedule a
public hearing to be held on July 2, 1996.
G. Change Order. Final Payment and Acceptance. Civic Arena Project (continued indefinitely). It was
recommended to continue indefinitely the change order, final payment and acceptance of the Civic
Arena Project.
H. Change Orders. Municipal Center Expansion. It was recommended to approve change orders in the
net amount of$128 for Peterson Electric for the Municipal Center Expansion project.
I. Agreement. Approve Dakota County/City of Eagan Joint Powers Agreement for Enhanced Fine
Revenue Collection Program. It was recommended to approve the Dakota County/City of Eagan Joint
Powers Agreement for Enhanced Fine Revenue Collection Program.
J. Resolutions, to Approve Fish Lake MPCA Loan Aareement and General Obligation Note. It was 96.38
recommended to approve and execute a Minnesota Clean Water Partnership Project Implementation
Loan Agreement and attached resolutions for the Fish Lake Phase II Implementation Project. 96.38.1
K. Approve. ACC Contract. Civic Arena Expansion, Second Ice Sheet. It was recommended to approve
a contract with ACC Architects for schematic design and cost estimates for a second sheet of ice.
L Ratify. Direction Regardina Holz Farm/Richard Holz Property. It was recommended to negotiate
• approximately 20 feet of land from Roger Weierke for roadway access or negotiating the minimum
roadway access from Richard Holz or to negotiate Concept A, which is a land swap with a portion of the
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 4
existing Holz Farm Park, with Richard Holz.
M. Authorize. Civil Defense Siren Modifications. It was recommended to authorize the advertisement for
bids to consider additional warning sirens with improved technology for the City of Eagan's outdoor
warning siren system.
N. Denial. Massage Therapy License for Michael Persing to practice at Wastl Chiropractic, 1340
Duckwood Drive. It was recommended to continue this item to the June 18 City Council meeting.
O. License. Massage Therapy Establishment- Bodywellness. Susan Steams. It was recommended to
approve a massage therapy establishment license for Susan Stearns doing business as Bodywellness
Massage Center at 2121 Cliff Drive.
P. License. Massage Therapist. Alix Blick. It was recommended to approve a massage therapist
license for Alix Blick to practice at the Bodywellness Massage Center, 2121 Cliff Drive.
Q. Permit. Fourth of July Parade. Lions Club. It was recommended to approve a parade permit for the
Eagan Uons Club for the Fourth of July celebration.
R. Temporary License. Beer. Fourth of July. Lions Club. It was recommended to approve a temporary
beer license for the Eagan Uons Club for July 3 and 4, in association with the Fourth of July celebration.
S. Findings of Fact, Conclusion & Resolution. Denying the Hoovestol Addition. It was recommended to 96.39
approve a resolution denying a request by Hoovestol, Inc. for a Preliminary Subdivision, Conditional Use
• Permits and Variance to allow a truck facility, secondary sales and service and fuel dispensing on
property located on the west side of T.H. 149, north of Yankee Doodle Road in the west half of Section
12.
T. Request for Extension for Recording. Waiver of Subdivision, Kevin & Leo Murphy. It was
recommended to approve an extension of the 60 day time limit for recording a Waiver of Subdivision to
April 2, 1997.
Councilmember Wachter moved, Councilmember Hunter seconded a motion to approve the
Consent Agenda. Aye: 5 Nay: 0
P B i.f,.. HEMUNGSS
TAX INCREMENT FINANCING - HIGHWAY 55-149 REDEVELOPMENT AREA
96.40
City Adminstrator Hedges gave an overview of Tax Increment Financing (TIF). He indicated that
the City Council has been conservative in its use of TIF over the years. He stated that the area of
Highway 55 - 149 does meet the requirements of a redevelopment area under the TIF law. Hedges also
mentioned there have been some petitions and interest generated by businesspersons and residents.
He mentioned that at a joint workshop meeting of the Economic Development Commission a
consensus was reached to proceed ahead and informational meetings were held. Hedges introduced
Assistant to the City Administrator Jon Hohenstein.
Assistant to the Administrator Hohenstein provided additional background on TIF. He stated
the purpose of the District would be to provide financing to do public improvements, correct
substandard conditions, remove substandard structures and assemble land for private redevelopment in
the Highway 55/149 area. He noted that the area of Highway 55/149 does meet the criteria for a tax
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4,1996
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increment redevelopment district since 70% or more of the property is improved and more than 50% of
the buildings do require substantial upgrades to meet current codes. He stated that any proceeds need
to be focused on redevelopment of the property and the creation of the District is not intended to be a
business subsidy.
Hohenstein mentioned there has been some interest shown specifically in the parcel located on
Highway 55 by Lone Oak Road. He stated there is one parcel near the middle of the District that is
being excluded because the tax increment law states if a property has been in Green Acres within five
years preceding the formation of the District, it must be excluded.
Hohenstein addressed the number of policy considerations the Council would want to address
as part of this approval. The first one being whether the fiscal disparities contribution will come from
within the District or not. He stated that staff is recommending it does come from within the District.
Secondly, he noted since 1990, the creation of TIF has required the election of either a HACA penalty or
a contribution by the local unit of government to the project. It is staff's recommendation that a more
conservative approach would be to participate as a contributing partner through the road improvement
projects or other activities which would occur as part of any redevelopment.
Hohenstein noted questions raised during the neighborhood meeting relating to residential
development. Some residents questioned whether TIF would bring about redevelopment more quickly
than without it. Councilmember Wachter stated his concern for how the residents will be affected.
Mayor Egan asked Hohenstein if the decision to incorporate the residential property has to be
made at this time. Hohenstein stated that the District, as proposed, does include approximately a dozen
• residential properties and that if a decision is made to create the District, the properties will need to be
included, but that the decision to redevelop those properties is a separate issue. He introduced the
City's legal counsel for this project, Steve Bubul of the firm Kennedy and Graven, and referred technical
questions to him.
Councilmember Wachter asked about the center area omission and whether or not the
landowner wanted to be part of the District. Hohenstein stated the new property owner, which is DART
Transit, did explore the possibility of being included in the District, but because of the rules relating to
the District regarding the amount of unimproved area which could be included with the improved area, it
came down to either including this site or another larger area. He stated the larger area would create a
better opportunity to create a tax base which would help with redevelopment activities in the remainder
of the District. The Green Acres element also applies to this piece of property, since DART had just
recently purchased the property. Councilmember Wachter questioned if there would be a problem by
not including the DART area. Hohenstein stated that the District only defines the area within which you
are going to capture increment; improvements may be done in the larger development area. Mayor
Egan asked about boundary changes. Hohenstein clarified that the amendment to the plan does not
change its boundaries, but it does change what you can do with the proceeds.
Mayor Egan asked if the 25 year time limit was due to the fact that this area is slated for
redevelopment. Hohenstein stated that redevelopment justifies the longer term, but also noted that the
District can be decertified at anytime once the results that were sought have been achieved.
Mayor Egan opened the public hearing to anyone wishing to speak. Merle Duff, 916 Lawrence
Avenue, read a letter he submitted to the City Council. He added that Hohenstein had explained TIF to
him and his neighbors at an informational meeting. His concern was that the District would lower
• property values in his neighborhood. Hohenstein stated that the District would allow the City to develop
financing to acquire certain properties. He mentioned that condemnation could happen with or without
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
PAGE 6
this being a TIF District. He said that the District generates revenue as a financing tool. Councilmember
Hunter asked if the creation of a TIF District changes the zoning of the residential property and if the
rights of the property owner still remain once the District is in place. Hohenstein stated that the District
does not change the zoning and that the property rights do still remain.
Dennis Klingel, who owns property at 2795 Unde Lane and 912 Lawrence Avenue, expressed his
concern about the City condemning the residential properties. Discussion was held regarding MAC
acquisition and the Part 150 Program. Mayor Egan stated that this was not the forum for discussing
those issues and that they were not related to the creation of the TIF District. Klingel felt the City has
not had a major plan for this area. Councilmember Awada indicated that at some point in time the
homes in this area would eventually be bought out. Councilmember Hunter stated the creation of the
District does not mean the Council is going to proceed with condemnation. Councilmember Awada
concurred. Klingel stated he feels his house is not marketable because of the uncertainty buyers may
have with regard to what will be done with this property and the threat of condemnation.
Councilmember Hunter asked Hohenstein If a letter was sent out to the residents stating that the
City was thinking about condemning these properties. Hohenstein recalled that the letter stated the
property could be affected by the District, but not addressing anything specific to condemnation.
John Neska, 908 Lawrence Avenue, stated he read a statement made by Hohenstein in the local
newspaper regarding the possibility of condemnation. He said he would like to be eliminated from the
TIF District.
Klingel asked why only six of the seven homes were chosen to be in the District, leaving out the
• Schindeldecker property. Hohenstein referred to the tax increment law which has a number of tests to
determine if a property can be included in the TIF District, such as lot coverage and number of
properties that have improvements on them. He stated that the District, as configured, just meets the
TIF law for lot coverage and number of buildings. He added that If any of the properties were excluded
from the District, it would not qualify to be created. He said the Schindeldecker property is small and
does not meet the 15% coverage test necessary to be an improved lot in the District. If the
Schindeldecker lot was included, it would be necessary to exclude one of the unimproved lots elsewhere
in the District.
Klingel raised the question of someone being able to buy out the area and whether they could
buy just one parcel or if they would have to buy the whole parcel in order to change the zoning from
Residential to Business Park. Councilmember Awada stated that the City would not allow a business to
rezone one lot in the middle of the other residential properties.
Councilmember Wachter stated that the action tonight would not change anything in regard to
the residences in the area. He said the purpose for the creation of the TIF District is to allow a business
to obtain financing for a commercial project. He also said the City is not planning on buying out the
properties.
Steve Bubul discussed the reasons for including these parcels and stated that excluding them
would affect the ability to create the District. He said the plan authorizes the City to acquire any parcel
in the District and that the City Council could change the plan to say it is not authorizing acquisition of
those specific parcels at this time. He noted that if the Council were to decide to change their mind,
the plan would have to be remodified and the need to go through the public hearing process again
would exist. He emphasized that approving the plan identifies the City's abilities within the Development
• District and the decision to acquire parcels would be made by the Council on a project by project basis.
001,77
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• EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
PAGE 7
Mayor Egan stated that the decision to create a TIF District does not override the existing zoning
or land use rights of the property owners. He added that the TIF District does not improve anything for
the property owners, nor does it take anything away from them. Councilmember Hunter referenced
Subsection 1.14 of the report, entitled, Parcels to be Acquired stating they may be acquired in whole or
in part within the development district. The City may acquire any parcels in the TIF District or in the
Development District as a whole If necessary to carry out the goals and objectives of the Development
Program. He stated this could be amended to say, any parcels in the TIF District, except for parcels on
which single family homes exist as of 6-4-96. Mayor Egan asked Steve Bubul if this could be amended
without changing the TIP District. Bubul stated this could be done.
Councilmember Awada stated she supports a buyout of these homes at some time in the future
and this is the only way to use nontax dollars to accomplish this. Klingel stated that the residents have
always felt they were in limbo and reiterated his concern regarding the decreased marketability of his
home. Councilmember Hunter added that he did not understand how the TIF District would affect that.
Discussion continued regarding the possibility of a buyout. Mayor Egan stated this could be a
catalyst for commercial developers to buy out the area. Councilmember Wachter added that this will be
a financing tool. He added that he would not support the buyout of the residents to force them out of
their homes as a result of this action. He noted that he's never been in favor of TIF because the
residents of Eagan do not receive any direct benefit from it for a number of years. Klingel asked that
someone contact him regarding the resolution of a number of other issues. Administrator Hedges said
that he and Hohenstein will work with him.
• Walter Mulligan, 715 Lone Oak Road, asked if his property was included in the TIF District. It
was stated that he is not included.
Lynn Klingel, who owns property at 2795 Linde Lane and 912 Lawrence Avenue, expressed her
concerns regarding all the changes the residents of the area have gone through along with the
possibility of condemnation. She also raised the issue of the Airliner Motel and the terrible conditions
associated with that property. Mayor Egan stated that he understood her concern and said that
improvements to the area are needed, but it will take a collaborative effort. Councilmember Masin asked
that the minutes from a prior workshop be researched in regard to the Airliner Motel issue.
Councilmember Hunter stated that the two issues, the creation of a TIF District and the problems with
the Airliner Motel, are separate. Administrator Hedges addressed Councilmember's Masin's question
regarding the issue of the Airliner Motel. He said that the discussion the Council had regarding the
Airliner Motel came about from calls the Police Department and Building Inspection Department had
received, in addition to a letter sent by a resident. Hedges said that the problems associated with the
Airliner Motel will be readdressed.
Brian Ames, 735 Lone Oak Road, expressed his concern with the TIF plan changes that would
affect properties in the Development District. Hohenstein stated that all the authorities that will be added
that would apply within the redevelopment area, also would apply to the larger project area. He
mentioned that a maximum of 25% of income generated within the District could be used in the larger
area provided it meets the criteria of the TIP District. Ames asked how the TIF District would affect the
DART expansion north of Lone Oak Road. Hohenstein reiterated that it may assist a business to go in
the area where it might not otherwise; however; no subsidy would be provided unless It met the criteria
of the District. Ames also asked if the changes in the authority are tied to any specific development
plans at this time. Mayor Egan said that there were no specific plans for use. Hohenstein mentioned
that it could be helpful to have the District in place for a future prospect who needs to move ahead with
10 their project in a timely manner. Mayor Egan restated that this District is a 25-year redevelopment
District. Mayor Egan then turned the discussion back to the Council.
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996 00_173
PAGE 8
Councilmember Awada moved, Councilmember Hunter seconded a motion to close the public
hearing and approve a resolution modifying the development program for Existing Tax Increment
Development District No. 2 and the TIF plan for Tax Increment Financing District No. 3 to facilitate the
redevelopment of the Highway 55-149 area. Aye: 5 Nay: 0
Mayor Egan added that the City Council has the ability to proceed with condemnation at any
time, but the intent in regard to this issue is to upgrade and improve this blighted district.
Councilmember Hunter asked whether the staff recommendations regarding fiscal disparities and local
contribution were included in the resolution. Steve Bubul stated that was covered within the motion.
VACATE PUBLIC RIGHT-OF-WAY
YANKEE COURT& KUTOFF DRIVE
Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public
hearing to anyone wishing to speak. Chuck Torkilson, 510 Rolling Hills Circle, asked that this item be
moved to follow Item A under New Business. Mayor Egan then turned the discussion back to the
Council.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to close the public
hearing and continue this item and action until after Item A, under New Business. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT, GOVT LOT 6
(PROPOSED SENECA HILLS ADDN)
Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public
• hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the
discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the vacation of public drainage and utility easements as described over Govt. Lot 6
subject to final plat approval for Seneca Hills Addition and authorize the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
PROJECT 701, SOUTH HILLS ADDN
•
Administrator Hedges gave an overview of this item. Director of Public Works Colbert presented
background information concerning this project. Colbert introduced Tom Sohrweide, of Short, Elliott,
Hendrickson (SEH), who presented the information contained in the report prepared by SEH. He
discussed the two options available, which includes either reconstruction or resurfacing. Sohrweide first
discussed alternative number one, and stated that the existing road surfaces would be milled adjacent to
the curb and gutter, a one and a half inch bituminous overlay would be placed over the road and valley
gutters would be installed at some of the intersections to assist with the drainage. He added the benefit
of this alternative is that it is relatively inexpensive, would delay further decay of the pavement surface
and extend the life of the streets. He also mentioned that it would improve the driving surface, increase
rideability and add to the structural stability of the street.
Sohrweide then discussed alternative number two, that being reconstruction. He stated that the
existing bituminous surface and the aggregate base between the curb and gutter would be removed,
subgrade correction and drainpipe would be installed in isolated areas and valley gutters would be
Installed at some of the intersections. He stated that the benefit of this alternative is that the streets
• would essentially be new and have a longer life than resurfaced streets. He discussed the assessments
and project costs for both options. He followed up by discussing the project schedule.
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 9
Mayor Egan then opened the public hearing to anyone wishing to speak. Russ Hedley, 3793
South Hills Circle, addressed the Council regarding the estimated assessments and questioned why the
assessment had appeared to increase. Director of Public Works Colbert stated that at the informational
meeting, the figures given regarding the assessments were only estimates and with the more detailed
analysis of the feasibility report, the estimate had been further refined. He noted that as the project
continues along, the costs will be further refined and finalized at the time of the assessment hearing.
Hedley commented on the reaction from the neighborhood. He stated that 2/3's of the owners of the
lots support the overlay program vs. reconstruction. He also commented that at the informational
meeting staff supported the overlay too.
Trish Grayman, 3755 South Hills Drive, asked about street lights and the effect they would have
In the neighborhood and stated that the majority of the residents do not want them. Mayor Egan said
that the action taken would have to include the installation of street lights, but stated he would not
support adding them at this time. Director of Public Works Colbert clarified that installation of street
lights is not being considered under this improvement project. Mayor Egan then turned the discussion
back to the Council.
Councilmember Awada moved, Councilmember Masin seconded a motion to close the public
hearing and approve Project 701, Alternate No. 1 (overlay), (South Hills Addition - Street Rehabilitation)
and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0
PROJECT 706, WILDERNESS RUN ROAD
• Administrator Hedges gave an overview of this item. Director of Public Works Colbert presented
background information concerning this project. Colbert stated that this project is proposed for mill and
overlay to provide structural strength and extend the useful life of the existing street. He added that two
property owners were inadvertently omitted from the notification for the informational neighborhood
meeting. He said that they were able to contact one of the two property owners and the owner was
given an update on the project. However, the other property owner was unable to be reached.
Councilmember Hunter asked if both of these property owners were notified of the public hearing.
Colbert answered that both property owners had been notified and had only been omitted from receiving
the informational meeting notice.
Colbert introduced Tom Sohrweide, of Short, Elliott, Hendrickson (SEH), who presented the
information contained in the report prepared by SEH. He indicated that the purpose of the project is
resurfacing of the road. He discussed the assessments, project costs and the project schedule. Mayor
Egan then opened the public hearing to anyone wishing to speak. There being no one wishing to
speak, Mayor Egan turned the discussion back to the Council. Councilmember Hunter asked if the
residents' question regarding if one neighbor had been overlooked pertaining to the assessment had
been addressed. Colbert indicated that this property was included in the assessment.
Councilmember Wachter moved, Councilmember Hunter seconded a motion to close the public
hearing and approve Project 706, Wilderness Run Road (Street Rehabilitation) and authorize the
preparation of detailed plans and specifications. Aye: 5 Nay: 0
VARIANCE, MEYER & SONS HOMES, IIC
Senior Planner Ridley gave a staff report. Mayor Egan then opened the public hearing to
anyone wishing to speak. Kirk Meyer, representing Meyer Homes, showed the City Council pictures of
111 the proposed lot. He stated that the house was designed to capture the scenic views. He also
indicated they would like to construct a three car garage because of the prevailing construction
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 10
practices in the development. Mayor Egan asked Meyer If they had contacted the neighbors and if they
had any objections to the proposed variance. Meyer stated they had contacted the neighbors.
Mayor Egan turned the discussion back to the Council. Councilmember Awada stated that she
felt this was a poor case for a variance and that hardship had not been proven. She added that the
house could have a different size pad and the shape of the house could be changed to avoid needing a
variance. She asked if the three car garage was a requirement of the covenants of this development
and indicated that it would be difficult to sell a house in this price range with only a two car garage.
Mayor Egan stated that he understood how difficult it can be to redo plans for a house and supported
Meyer's position. Councilmember Hunter expressed his concern that hardship was not proven in this
case simply because of the need to build a three car garage. Councilmember Wachter felt that since the
house is in the early planning stages, it should be made to fit the lot better instead of granting a
variance.
Councilmember Hunter moved, Councilmember Awada seconded a motion to deny a 7 foot
variance to the required 30 foot building setback along a public right-of-way for Lot 53, Block 1, Mallard
Park 4th Addition, located at 1696 Brant Circle. Aye: 3 Nay: 2 (Egan, Masin)
Meyer asked for advice on what to do with regard to the lot. He indicated that a 2 foot variance
would be beneficial in the planning for the placement of the house on this lot. Administrator Hedges
suggested Meyer talk with Senior Planner Ridley for obtaining a 2 foot variance. Meyer requested that
the 2 foot variance be granted at this evening's Council meeting instead of going through the variance
process again. Administrator Hedges stated that this could be done by motion as long as the request
was not to increase the footage of the variance.
•
Councilmember Hunter moved, Councilmember Wachter seconded a motion to reconsider. Aye:
4 Nay: 1 (Awada)
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a 2 foot
variance to the required 30 foot building setback along a public right-of-way for Lot 53, Block 1, Mallard
Park 4th Addition, located at 1696 Brant Circle. Aye: 4 Nay: 1 (Awada)
VARIANCE, TIM &JOANN PAYNE, 4858 SHEFFIELD LANE
Senior Planner Ridley gave a staff report. Mayor Egan then opened the public hearing to
anyone wishing to speak. JoAnn Payne appeared before the City Council and stated her request to
obtain a variance for the proposed porch addition to the rear of their home. She submitted a letter from
the abutting property owners stating that they do not object to the variance. She also added that she
and her husband have personally contacted 19 property owners and they had no objections. She felt
the improvements would be beneficial to the City due to the increased property value of the home.
Mayor Egan then turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a one
foot variance to the required 10 foot side yard setback for Lot 6, Block 2, Brittany 5th Addition, located
at 4858 Sheffield Lane subject to the following conditions:
1. All materials, maps, drawings and descriptive information submitted with this application
shall become part of this permit.
S 2. The exterior materials of the addition shall be architecturally compatible with the existing
structure.
€ '"4. 1
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4,1996
• PAGE 11
Aye: 5 Nay: 0
MAMMAS
EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL, DART TRANSIT
Administrator Hedges gave a brief overview of the project. Mayor Egan stated that the issues
regarding this project were well known to the Council. Dan Oren, with DART Transit, stated they would
like to modify the language to state that they do not want to waive their rights on the southern half, but
that they would just not apply for plat extension on the southern half. He said they would take the
southern half of the property out of the plat approval process. He requested the language be reworded
as to waiving their rights and just get rid of the southern half of the property only. City Attorney Jim
Sheldon said it would be acceptable to address the northern half only.
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the
extension of subdivision approval for all of Block 1 and Lots 7-14, Block 3, Eagandale Corporate Center
for one year subject to the original conditions approved at the May 15, 1995 City Council meeting and
an additional condition requiring all public improvements to be installed by the City. Aye: 5 Nay: 0
AMENDMENT TO CONDITIONS OF APPROVAL, APOLLO ADDITION
Senior Planner Ridley gave a staff report. David Constable, architect representing R.L Johnson,
stated they would prefer to omit Condition #6. Director of Public Works Colbert stated that the
• applicant's concern is appreciated in regard to areas where there might be future expansion of the site.
He added that the area along the east side is not likely to be expanded and the west side of the building
has a landscaped green area in front of the building and these areas appear to be encroached upon
with turning movements and parking from vehicle and truck traffic. He mentioned that employee parking
seems to be uncontrolled within the paved surface and employees are starting to park up on the grass
surface. He added that, although this is in the back of the building and not visible to the public, it
appears to be affecting the internal operations of the facility. He is not sure if it is necessary to provide
a gutter, given the existing concrete surface which could function as a gutter. He added that some
type of barrier is needed to keep the traffic within the paved surface. He indicated that City standards
for new construction are being applied to existing redevelopment and potential expansion, especially
when there are areas where problems exist and need to be corrected. Councilmember Hunter stated
that in the past, redevelopment projects have been phased-in to meet City standards. Constable
mentioned that if the adjacent site is redeveloped, parking problems would be corrected. He added that
the option of widening the shorter corner would be more acceptable than putting curb all the way
around. Colbert asked if the expansion was proposed in the next five years. Constable did not know
when the expansion would take place. Colbert stated that it would be beneficial to make the
improvements now since it is unknown when the expansion may occur. Councilmember Hunter asked if
there were other redevelopment situations where Option #1 (leaving the parking/staging areas in their
present state), was chosen or if City standards were consistently followed. He was sensitive to creating
a level playing field and treating everyone the same.
Mayor Egan stated he would accept a modified recommendation to upgrade the
parking/staging area to City standards over a five-year period. Councilmember Hunter concurred.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve an
Amendment to the Conditions of Approval, Apollo Addition Preliminary Subdivision, located at 900 Apollo
. Road, just south of the Apollo Road/Lunar Lane intersection and west of Mike Collins Drive, Option #3
•
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996 06 '3
PAGE 12
to upgrade the parking/staging areas to City standards to be phased in over a period of five years. Aye:
5 Nay: 0
RE-APPROVAL, NORWEST THIRD ADDITION PRELIMINARY SUBDIVISION
Gene Happe, of EFH Company, requested that the preliminary plat for the Norwest Third
Addition be extended to allow for final approval of the plat. Mayor Egan questioned if the footprint was
the same as for the medical building that had been proposed before. Happe stated that the footprint for
the hotel is similar to that of the medical building and that no roads or improvements have changed.
Both the City Administrator and Councilmember Hunter asked if the development was the same as
proposed in 1993. Senior Planner Ridley stated that everything is consistent with the final subdivision.
Councilmember Awada asked if there was a strip mall proposed for this parcel. Ridley stated that was
proposed on the Eagan Athletic site, not this site.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a re-
approval of Norwest Third Addition Preliminary Subdivision consisting of one 2.8 acre lot located east of
Pilot Knob Road and north of Yankee Doodle Road. Aye: 5 Nay: 0
RESOLUTION ADOPTING UVABLE COMMUNITIES ACTION PLAN FOR DAKOTA COUNTY
Administrator Hedges gave an overview of the Dakota County Livable Communities Act and 96.41
explained the concept of"clustering." He added that each city will have its own plan, but that the cities
will all work together as a large community. Mayor Egan stated that this is under Old Business since the
Council has worked on the plan for over a year. Councilmember Awada asked if the plan could be
411 amended. Hedges answered that it could be amended now or in the future and added that the plan is
open enough to allow for flexibility. Councilmember Awada requested that Eagan's Action Plan for the
Metropolitan Livable Communities Act be amended. Item D, the last sentence, of the plan should be
amended as follows: The City will continue to work with the Dakota County HRA to determine
appropriate sites. Purchased from existing housing stock. for scattered sites and small scale affordable
rental developments. Councilmember Hunter supported this amendment.
Hedges said that he had a meeting with representatives from the HRA regarding the possibility
of a collaborative ownership by the City and the HRA of one particular housing development with the
same objective raised by Councilmember Awada. Councilmember Wachter asked how the proposed
change would affect the other cities involved. Hedges stated he did not know the answer, but thought
since the changes would only affect Eagan's Action Plan, changes could be made without affecting the
cluster. He added that the implementation may be impacted and the HRA may come back to request
clarification. Mayor Egan added that if the complex is converted into something attractive and non-
blighted, and the goals still haven't been met, the plan may have to be amended in the future to include
some type of new construction. He feels this issue does not need to be addressed now.
Councilmember Hunter requested that the amendment be sent to the HRA and the other cities involved.
Councilmember Awada stated she is not opposed to clustering, but reiterated that existing housing stock
should be used.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a 96.41.1
Resolution Adopting The Action Plan for the Dakota County Cluster, including the attachment for the City
of Eagan, amended to include sites purchased from existing housing stock. Aye: 5 Nay: 0
RECEIVE TASK FORCE REPORT& CONSIDER A RESOLUTION DETERMINING
• THE ISSUING OF GENERAL OBUGATION PARK BONDS AND PROVIDING FOR AN ELECTION
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 13
Administrator Hedges gave an overview on the purpose of the Open Space Task Force, which 96.42
was created as a recommendation from the Advisory Parks, Recreation and Natural Resources
Commission and approved by the City Council to study the need and purpose for a park referendum.
David Szott, Chair of the Task Force, reported to the Council the Task Force's findings and
recommendations. He noted that the focus of the Task Force was on three major components. The
first one was in regard to what the referendum statement should be. The second component was to
develop a way to identify and prioritize appropriate parcels for consideration. The third component he
mentioned was to identify and support a dollar amount for the referendum. He explained how the Task
Force arrived at the decisions they reached. He stated that the Task Force reviewed sections of the
Parks System Plan, toured candidate sites and reviewed the need for development of existing parks to
meet community needs. He added that the Task Force felt priority should be placed on the acquisition
of open space, which would yield a number of benefits. He also noted that bond referendums have
passed in neighboring communities in recent years and feels a referendum would pass in Eagan also.
He summarized that the Task Force is supporting a referendum in the amount of$4.6 million, with $3.8
million of this amount being used toward acquisition of open space for natural resource preservation and
the balance of the$800,000 to be used for enhancement of open space. He indicated this would
amount to approximately$2.00 per month, per household for a 15-year bond, based on a home with a
$120,000 assessed valuation.
Councilmember Hunter asked about the bond election notice included in the Council packet and
questioned if the City is bound by the language for acquisition of park land only or if money can be
spent for other improvements. City Attorney Sheldon said that there are two issues, which are
acquisition and betterment. He noted that betterment would apply to the$800,000 for improvements
and that the language could be changed to indicate that the amount could be used to improve existing
• facilities. Councilmember Hunter stated that residents may look at the amount and only consider the
money to be used for the acquisition of park land for new parks and not separate the two issues.
Councilmember Hunter asked about the legality of the wording used on the ballot. Sheldon added that
betterment and acquisition are usually two separate issues and he would have to check out whether
they could both be included in one question on the ballot.
Councilmember Awada asked about the need to start a nature center vs. the need for more
neighborhood parks. Szott stated that a nature center would be a complement to neighborhood parks
and enhance the open space that is already owned and that the time to purchase park land is timely. He
added that if the land is not purchased now, it may become non-existent or very expensive to acquire.
Councilmember Awada agreed that it is important to purchase the final park land now while it is still
available and affordable; however, she restated her question regarding the need for a nature center at
this time, since the Holz Farm had recently been purchased.
Councilmember Wachter mentioned that he was on the Council when the land was purchased,
and stated residents have asked when the property is going to be developed. He stated the time to
develop this property is now. He added that he supports the nature center. Councilmember Awada
doesn't question the purpose, but rather the timing, adding that priorities need to be established.
Councilmember Wachter reiterated that he does not want the residents to waft another 20 years for this
property to be developed. Councilmember Masin stated she has no problem with the proposed Patrick
Eagan Park. She asked what prompted the Task Force to recommend this portion be included now.
Szott stated they felt that if this was included, it would reach a broader cross section of voters. Mayor
Egan felt this may confuse the issue. He added that acquisition and betterment should be segregated
into separate questions.
• Szott stated that the Task Force members recommended a statement be made in regard to
acquisition. He suggested elimination of the term betterment. Councilmember Awada again questioned
k i i1
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
411 PAGE 14
the need for a nature center. She added that there is ample time to address that issue. Councilmember
Masin noted that the nature center goes along with the passive land, where most of the interest is
generated. Councilmember Wachter stated that the main focus for tonight's meeting was to decide if a
there would be a bond referendum, the election date and the exact amount. Councilmembers Hunter
and Awada agreed. Szott stated that some Task Force members thought that after tonight's meeting,
their role would be ended.
Jennifer Hearon, 2089 Royale Drive and President of the Northern Dakota County Chamber of
Commerce (NDCC) -Eagan Division, submitted a letter to the City Council. She stated that the NDCC
has no official position in regard to this issue. She added that their concerns related to the cost for
holding a special election in August vs. the cost for holding a campaign to educate the voters in
conjunction with the November election. She also commended the Task Force and the Council for their
efforts.
John Young, Secretary of the Eagan Small Business Association, said members of the
Association had concerns about the tax impact in regard to this referendum. He asked if it would be
possible to see what the tax Impact to the businesses would be in regard to a property valued at
$200,000 and also a property valued at$1 million dollars. He added that members are also interested in
where park budget dollars will be spent and had questions regarding acquiring park land for open
space, since there is already so much state park land as well as a vast Dakota County park in the area,
along with many Eagan parks. He added they also questioned the need for a nature center.
Mayor Egan stated they had decided to update their Parks System Plan about two years ago
and that Barton Aschmann had gone through an 18-month comprehensive process with the APRNR and
•
City Council. He commended the Advisory Parks, Recreation and Natural Resources Commission and
staff for the hard work they put into the process. He added that he felt they came up with a good plan.
Peggy Carlson, Director of Publicity for the Eagan Athletic Association, addressed the Council
and stated she had dropped off a letter earlier in the day. She stated she feels it is important to acquire
land; however, it is also important to complete active parks, such as lighting for baiifields. She
questioned whether or not the dollar amount would be set tonight. Mayor Egan stated it would be. She
also asked if uses for betterment would be determined tonight. It was stated that the uses would not be
determined tonight. Mayor Egan stated the Council would like greater flexibility in regard to determining
the uses for betterment.
Councilmember Hunter stated that John Young raised a good point regarding the proximity of
the Dakota County park to the south and State park land to the northwest. He asked how the Task
Force viewed this in terms of meeting the open space requirements. Michael Vincent, Task Force
Member, answered that this had been taken into account. He added that the Parks System Plan does
identify that in conjunction with the needs for other parks. He noted that a copy of the plan is available
at the library for the public to view.
Councilmember Masin asked if the Task Force had discussed a date for the referendum. Szott
stated that August 6 had been recommended because people are still actively using the parks and felt
this would result in a positive vote. He added that the members felt if the date was set later in the year,
there would be a lack of interest in voting. He also added that combining the referendum with the
Primary Election would be unfair, since that is a single focus task. Also, he stated that combining the
referendum with the General Election was not a good option because of the number of issues that are
associated with a national election. He stated that the bond referendum issues should stand alone. He
recognized that cost was a factor in holding a special election, but felt it was important not to combine
the referendum with other issues. He also mentioned that the Task Force had sought an early spring
�l.Y" �!r""
' AA.`ar+'l
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 15
date initially, but felt the timing wasn't right and that the Task Force needed time to have a
comprehensive look at the park system update and address other issues.
Councilmember Wachter stated that he's in favor of having a referendum along with the General
Election, but also added that he understands the logic of the Task Force. However, he noted that he
favors saving the taxpayers money. Councilmember Hunter agreed with Councilmember Wachter and
stated that he's had calls from people who don't understand why more money should be spent for a
special election. He further added that he liked Jennifer Hearon's idea of applying any additional money
toward educating voters vs. holding a special election. Mayor Egan said he has been a strong
proponent of holding special elections for referendum purposes. He went on to explain that if the
referendum is held during the General Election it would be the first time. He noted that referendum
elections have always been held on their own merits in the City in order to give them a certain
independence and dignity. He said he is willing to support a combined election if that is the desire of
the public. Councilmember Wachter mentioned that in previous years no one has been concerned with
the cost, but due to high taxes now, this has become a factor in holding special elections.
Councilmember Hunter noted the lack of voter turnout for referendums in the past and added that a
larger voter turnout would help in regard to the referendum. Councilmember Awada supported voter
education so the issue doesn't get buried along with the other issues associated with the General
Election.
Councilmember Awada said that$4.6 million is acceptable as the amount for the referendum,
but does not feel that needs to be designated now and that the Task Force should continue to work on
that issue. Councilmember Wachter noted that members should have the option of choosing whether or
not they want to stay on the Task Force. Councilmember Awada concurred. Szott indicated that some
members are interested in staying on, but not everyone. Councilmember Hunter said that Task Force
members are volunteers and anyone can attend if they are interested. Mayor Egan acknowledged
Jennifer Hearon and John Young and their groups' interests.
Councilmember Awada stated in regard to the$4.6 million General Obligation Bonds and the
election date, that a letter should be sent to owners of the proposed land once the Council decides
those issues. She also stated that the wording and breakdown be decided by the Council at a future
Council meeting and added that the Task Force continue to meet in its expanded capacity.
Attorney Sheldon that the Council is designating an election be held on November 5 in the
amount of$4.6 million. He noted that once the determination is made regarding acquisition and
betterment, then a resolution would be passed officially setting the date and added that no official action
needs to be taken by the Council until the whole action is taken.
Szott stated that the purpose of the Task Force was to market the bond for a yes vote and
identify parcels of land for park acquisition. He questioned what the focus of the Task Force should be
now. It was suggested they convene for the summer.
Councilmember Awada moved, Councilmember Hunter seconded a motion to receive the task
force report and direct the preparation of a resolution targeting November 5, 1996 for the General
Election for the Parks Bond Referendum in the amount of$4.6 million. Aye: 5 Nay: 0
Ng1t51'BStE6S
REZONING, PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMITS AND VARIANCE,
• UNITED PARCEL SERVICE
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 16
Senior Planner Ridley gave a staff report and discussed issues raised by the neighbors. George
Chesley, representative of Chesley Freightliner, stated that the information the Council received was
accurate and added no additional information. He stated that the operation is only a repair business
and not a trucking operation. He mentioned that their main facility is in Roseville and that the facility in
Eagan is a small operation with only 15 employees. He said they located in Eagan because of the large
customer base. He feels traffic will be reduced and added that they have tried to work with residents
and have made several modifications in regard to their concerns. He mentioned that property is for sale
between their property and the residents, which is also zoned industrial. He talked about the sign and
said they offered to make it smaller, lower it and reduce the time it is lighted.
Chuck Torkilson, 510 Rolling Hills Circle, spoke on behalf of the residents. He stated they do
not believe hardship has been proven with regard to the variance. He also stated that no other
businesses have been allowed to have a pylon sign and that this is not compatible with the area. He
addressed the issue of outdoor storage. He requested the Council deny this proposal due to safety
concerns, poor access and added that the proximity to an industrial area poses potential hazards. He
also added that the Code states conditional use permits will not change or substantially diminish
property values. He stated that property values will be affected, since realtors use the sales price of
homes within a one-mile radius. He introduced pictures of Chesley's site in Eagan and in Roseville. He
commented on the overstory trees that are proposed at both ends, but noted there are no trees
proposed in the middle. He also stated that the overstory trees proposed only average 2 to 6 inches of
growth per year.
Torkilson addressed the noise problem that would be created and stated that a conditional use
1110 permit does not allow for excessive production of noise. He also stated their concerns regarding
increased traffic. He requested the Council deny the request of the applicant.
Chris Perry, 3298 Rolling Hills Drive, submitted pictures of the truck facility showing the fence
knocked down, doors open and crews working on vehicles outside. He added that the operation was
very noisy. He presented the Council with a petition signed by residents in the Bur Oaks and Chapel
Lane neighborhoods. He referenced a letter submitted by Sheila Grabosky. He also submitted pictures
showing traffic backed up off of West 77th Street at 3:30 p.m. He added that traffic is sure to increase,
which poses a safety concern.
Elizabeth Perry, 3298 Rolling Hills Drive, contacted the City regarding the use of the property
behind her property and Chesley. She stated it's not that she doesn't want development behind her
home, but she disagrees with the type of development proposed. She also stated she has not seen any
projected revenues for this business and is concerned with the taxes they will pay and what they have to
offer the community since they only employ 10 to 15 people. She added that she is also concerned
about the outdoor storage of trailers on the property with no fence proposed. She mentioned that traffic
is also a concern and that the pylon sign is unacceptable since all other businesses must have a
monument sign.
Chesley responded by saying that the trailers would be under 34 feet in length and would fit
inside the building. He also added that the property will be fenced. He further added that no noise
would be generated by the site.
Councilmember Hunter stated that according to the Code, the three conditional use permits
being requested are incompatible uses for this area. He asked if redividing the 16 parcels into 2 is a
subdivision issue and does not apply to changing the zoning from PD to I-1. Ridley stated that since the
S property is zoned Planned Development, staff suggested, as a means to update and clean up the 20-
year old Gopher Eagan Planned redevelopment, the applicant rezone the property. He stated the
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EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 17
change in zoning does not change the configuration of the lots. Councilmember Hunter stated he does
not like Planned Developments and that they should be cleaned up whenever possible and converted to
straight zoning. He added that he is in favor of changing the zoning, but noted that he's not in favor of
granting the conditional use permits. He asked about the legality of denying a proposal based on the
conditional use permits and if It would be appropriate to deny just the CUPs or if the subdivision should
be denied in its entirety.
City Attorney Sheldon stated that when you are dealing with uses in an I-1 zone established by
the Ordinance, conditional uses are permitted in that zone, provided they meet the conditions set forth in
the Ordinance. He added that in Eagan's case, there are general conditional use permit findings that list
the applicant's obligation to establish that the proposed use is consistent with said criteria. He further
added that in this case, they have made a combined application and it's hard to separate the two.
Councilmember Hunter restated that if the reason for denial is based on denial of the conditional uses,
he is concerned about the legality of denial of the subdivision. Sheldon referred to discussion from the
residents that multiple small businesses would be more appropriate than two large businesses on these
two lots.
Councilmember Awada, stated is this is the second trucking facility in this area. She added that
she would support Councilmember Hunter's position. She further added that it is important to establish
rules in regard to where trucking is acceptable and that this should be done soon.
Administrator Hedges said there was a motion made at the May 7 City Council meeting to direct
the Advisory Planning Commission (APC) to proceed with a study examining where trucking operations
should be located within the City. He also added that staff has started an inventory of existing trucking
locations and the land areas that would be available with the correct zoning for trucking. He indicated
the trucking inventory could be done in the near future, but also added that more direction needs to be
given to the APC regarding the detail to be included in a trucking study. He feels the inventory will
address the issue, Councilmember Awada referred to, in a timely manner. Councilmember Hunter
suggested a study be completed within 3 to 4 months and contain information regarding an inventory of
truck operations and a list of available parcels. He also suggested the minutes from the APC and City
Council be examined every time an application is denied regarding trucking facilities and look at the
reasons for denial. Councilmember Awada stated that the trucking industry needs to be informed
regarding what is acceptable. Mayor Egan stated that staff had pointed out the need to do this to the
City Council. Councilmember Awada stated that the most important issues are proximity to residential
areas, traffic problems, noise levels and appearance.
Councilmember Hunter asked that since this was continued once is the 120 day regulation a
factor. Hedges stated that the Council should act on this item at this meeting and send out the findings
to avoid any concern about the legal timeframe.
Councilmember Awada moved to direct the City Attorney's Office to prepare the Findings of Fact
and deny the rezoning. Councilmember Hunter added that he wanted to approve the rezoning. City
Attorney Sheldon asked Senior Planner Ridley what the Planned Development specifically states. Ridley
stated that the Planned Development is a relic and that the Council should rezone the area 1-1, since that
zoning is more straightforward.
Councilmember Awada withdrew her earlier motion and then moved, Councilmember Hunter
seconded a motion to approve a Rezoning from Gopher Eagan PD to I-1. Aye: 5 Nay: 0
S Mayor Egan asked about the proximity of the two sites. He was concerned about the
recommendation from the APC to approve this applicant's request. He questioned why they saw major
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 18
distinctions between Hoovestol and this applicant when, in fact, they were quite similar. He further
added that some of the findings regarding Hoovestol would apply to this situation. He felt the Council
would be making a serious mistake if the decision made was inconsistent with the Hoovestol
application. He also stated that he is aware of the differences between truck sales and truck operation
facilities, but added there are also many similarities. He went on to say that since the Transportation
Study is not complete, it would be incongruous to approve this and find out later, after the study is
complete, that this is not the appropriate location for this type of operation. He stated that he supported
the action to rezone and also supported the action to deny the conditional use permits.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to deny all others
with Findings of Fact to be prepared by the City Attorney's office and sent out. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT&VARIANCE, J.J.Y. INDUSTRIES, INC.
Senior Planner Ridley gave a staff report. Administrator Hedges indicated time had been spent
with Mr. Young deciding what the remaining issues were. He added that the issue with the FCC had
been resolved and a memorandum had been received from the Cable Commission. In addition, he
stated the height of the pole with an antenna mounted on top, is not an issue. He then reviewed the
three remaining issues that needed to be addressed.
Hedges stated the first issue was the number of buildings to be allowed on site. He mentioned
that when there is a multi-user tower the probability of having more than one building exists. He asked if
there was a way the Council could provide assurance to the applicant that he will not have to come
back and request variances for future buildings on site. Hedges noted that John Young's suggestion
was to allow for a contiguous structure, with fencing or a common brick wall, to make the buildings
contiguous. The second issue he reviewed was in regard to the number of antennas that would be
allowed to be placed on top of the pole. He noted that one townhome building consisting of four units,
exists now, but he added that more are anticipated in the future. He added that the concern was for the
aesthetics and questioned how many antennas are too many. He also added that the with the multi-user
concept, it is difficult to limit the number of poles and that the idea is to have one pole with several
antennas. The third issue related to the billboard and if it would have to come down as a result of the
pole being constructed along with a corresponding building for antenna use, since the ordinance only
allows for one principal business use on site, unless application for a variance is made. He explained
that the Council could address both variances for the pole and the billboard at tonight's meeting.
John Young, President -J.J.Y. Industries, Inc., addressed the Council and showed them the
third and final plan as proposed. He stated that in regard to setbacks, if the pole were to fall from the
base, it would fall within right-of-way and would not approach the shoulder of the highway. He
mentioned that he has had numerous discussions with staff and that they suggested using the same
brick face as is used on the U.S. West building. He addressed the issue of the number of buildings that
would be allowed on site. He discussed the multi-user concept and explained how difficult it would be
to secure a user to build the entire building and that J.J.Y. can't afford the front-end costs themselves.
His proposal is to allow a contiguous structure to be built with each new user. He added that modular
units can be brought in for this purpose and that between the units a fence wall could be built with
different colored brick. He also added that the theory is to have the three different structures total up to
70 feet in length. He feels this type of contiguous structure could be done in phases and could also be
sold in the market place.
He went on to state that if there was only one shared facility, concerns about control would
certainly arise. He noted that a contiguous structure would eliminate this concern since the user would
have complete control. He then talked about the amount of antennas and signal interference. He stated
9.. 18
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 19
that the Planning Commission had accepted the wording from Meredith Cable, but after further review,
his consultant told him not to agree with the wording because no one would sign a lease. He added
that the final wording had been worked out and that it was similar to the language of AT&T. He further
went on to say that Meredith Cable wanted to be informed in writing when a new frequency would be
broadcast. He mentioned that Meredith Cable felt limiting the groups of antennas worked against the
multi-user concept and that the number should be left open.
He addressed the issue regarding the billboard. He stated that this site is for non-habitable
purposes and only for equipment use. In addition, he added the site is non-intrusive and that this will not
be the end use of the property, since other property may be developed there. As a footnote, he added
that the Council had previously, unanimously approved the billboard. He noted there are only Eagan
businesses on the billboard.
Councilmember Wachter questioned the Planning Commission's eight conditions and asked if
the action regarding the billboard was optional. Senior Planner Ridley said that the City Attorney stated
since it is an ordinance requirement in the Sign Code, it was not a requirement that it be listed as a
condition, so it was dropped, although the removal of it is still a requirement as a Code item.
Councilmember Awada asked if a variance would be needed to keep the current billboard.
Ridley stated that a variance would be needed. Councilmember Hunter asked if variances required
notification be sent to the public.
City Attorney Sheldon stated that since the billboard sign is part of the Sign Ordinance, not the
Zoning Code, the Council has the authority to do what it wants. Hedges added that the item relating to
the billboard could be acted on at tonight's meeting. Councilmember Hunter was concerned that they
may be opening themselves up to criticism, since there has been widespread opposition to billboards in
the past. He felt that approving this variance in the past was a special case for the purpose of
improving the visibility for the Cedarvale area. He felt that the variance should be granted.
Councilmember Masin said she felt the billboard is unsightly, as well as the building and pole.
She stated this would be very visible and would create major problems. She noted that the concerns of
the Cable Commission have to be taken seriously. She added that she is not in favor of the proposal
and feels a better site could be found. Councilmember Wachter concurred. Councilmember Hunter
stated Meredith Cable does not have a problem with the proposal based on their revised letter.
Councilmember Awada stated that as long as Meredith Cable is properly notified, they will accept the
proposal.
Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a
Conditional Use Permit to allow a monopole communication tower for an unplatted parcel of property
located west of Old Sibley Memorial Highway and east of Highway 13 in the SW 1/4 of Section 19
subject to the 8 conditions recommended by the Advisory Planning Commission as follows:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City
Council approval with receipt to the City.
2. The Conditional use Permit provides for a 100' tall multi-user communication monopole
and equipment building.
3. A building permit shall be obtained for the erection of the monopole and equipment
building.
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 20
4. The 20' wide access drive and vehicle turn around shall be surfaced with bituminous or
concrete.
5. No more than 25% of the equipment building exterior shall be metal.
6. The color of the tower shall be a light blue or light grey color scheme.
7. The applicant shall provide the City documentation, from a registered structural
engineer, confirming the structural integrity of the proposed monopole. The
documentation shall be submitted with the building permit application.
8. Prior to the transmission of any new frequencies from the monopole communications
tower located at 4101 Old Sibley Memorial Highway, the applicant will notify Meredith
Cable, in writing of such transmissions. In addition, the applicant will follow all FCC
rules, regulations and protocol with respect to frequency interference.
Aye: 3 Nay: 2 (Masin, Wachter)
Councilmember Hunter moved, Councilmember Awada seconded a motion to approve a
variance to allow a tower that is higher than the distance from the base of the tower to the nearest
property line for property located west side of Old Sibley Memorial Highway and east of Highway 13 in
the SW 1/4 of Section 19 subject to the 2 conditions recommended by the Advisory Planning
Commission as follows:
• 1. All overhead utility lines on the site shall be buried in accordance with City Code
Chapter 4.50, Subd. B.
2. The applicant shall provide the City documentation, from a registered structural
engineer, confirming the structural integrity of the proposed monopole. The
documentation shall be submitted with the building permit application.
Aye: 3 Nay: 2 (Masin, Wachter)
Councilmember Hunter moved, Councilmember Awada seconded a motion to•approve a
variance to allow the billboard to remain. Aye: 3 Nay: 2 (Masin, Wachter)
Councilmember Masin reiterated her concerns with the billboard, the building and placement of
the pole.
CONDITIONAL USE PERMIT, AT&T WIRELESS SERVICES
Senior Planner Ridley gave a staff report. Peter Beck, a representative of AT&T Wireless
Services, stated they were in agreement with all the conditions.
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve a
Conditional Use Permit to allow a monopole communication tower on an unplatted parcel of property
located west of Old Highway 13 and east of Old Sibley Memorial Highway in the SW 1/4 of Section 19
subject to the 10 conditions recommended by the Advisory Planning Commission as follows:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City
Council approval with receipt to the City.
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 21
2. The Conditional Use Permit provides for an eighty-five (85) foot tall communication
monopole and a 336 SF equipment building. No equipment or antennas may be in
excess of 90 feet.
3. A building permit shall be obtained for the erection of the monopole and equipment
building.
4. The 20'wide access drive shall be surfaced with bituminous or concrete for the first one-
hundred (100) feet at the time road improvements are made from Old Sibley Highway.
5. No more than 25% of the equipment building exterior shall be metal.
6. The color of the tower shall be of a brown color scheme to be similar to MnDOT light
poles.
7. A landscape plan shall be provided to the City prior to issuance of a building permit.
The landscape plan shall show sufficient screening of the proposed equipment building.
8. The applicant shall provide the City documentation, from a structural engineer,
confirming the structural integrity of the proposed monopole.
9. The applicant shall provide co-location opportunities, if technologically feasible to other
wireless providers.
• 10. The applicant shall follow all FCC rules, regulations and protocol with respect to
frequency interference.
Aye: 5 Nay: 0
.14 Gl.S.f 1vEjlNTER t ) NI EE iT4APE t
Administrator Hedges and Councilmembers congratulated Mayor Egan on his recent election as
President of the AMM. Councilmember Masin asked about the MVTA Levy. Hedges apologized for the
lack of inclusion of information in the Informative Memo. He added that it is scheduled for the June 18
City Council meeting and will be sent to the City Council with the next Informational Memo.
ADMINI TRATIYE!AGENDA
Councilmember Awada moved, Councilmember Wachter seconded a motion to set a special
work session on June 18, June 25 and July 2 at 5:00 p.m. Aye: 5 Nay: 0
Administrator Hedges discussed the survey topic areas prepared by the Wallace Group. He
asked that the proposed questions/topics be returned as soon as possible.
Hedges read a letter from a resident thanking all those involved with the pickup of the storm
debris.
Councilmember Hunter stated that staff should renotice residents regarding Mallard Park 2nd
Addition. Director of Public Works Colbert expressed his concern with explaining the renotice and the
reason for a new hearing due to a technical defect. Hedges stated a letter will be sent with the notice
explaining the reason.
Ui, 9
EAGAN CITY COUNCIL MEETING MINUTES;JUNE 4, 1996
• PAGE 22
Councilmember Hunter moved, Councilmember Wachter seconded a motion to set the public
hearing date for Mallard Park 2nd Addition on July 2. Aye: 5 Nay: 0
UN TA
Director of Public Works Colbert apologized for not sending out the feasibility report in the
regular packet. He distributed copies to the Council.
Administrator Hedges stated his concerns regarding the Open Issues Forum regarding the ability
to address all the people scheduled to attend the June 25 Special Council meeting. Councilmembers
Indicated they preferred this item be held on June 25 at 5:00 p.m.
Councilmember Wachter raised the issue of DART Transit having more than ten trucks lined up
for sale. He felt they need to be held accountable and should be checked up on.
Councilmember Masin mentioned she went to a rose garden and saw Yankee Doodle and
Uncle Sam roses and thought it would be nice to use them in the promenade. She also mentioned that
she will be receiving information on voter link, which will identify ways of getting people to vote via the
computer and could also be used to conduct surveys.
Councilmember Hunter presented an update of the open issues list. He also asked for a
clarification on Larry Popler's concerns regarding landscaping on Pilot Knob Road and Diffley.
Administrator Hedges noted that a response will be sent to him.
• 1HEKES.'tTN;
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated May 31, 1996 in the amount of$2,016,514.25. Aye: 5 Nay: 0
.......: OURNMEN 1
The meeting adjourned at 12:10 a.m.
MLK
June 4, 1996
Date \ City Clerk
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contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone:
(612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs,
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