05/03/1994 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
May 3, 1994
A regular meeting of the Eagan City Council was held on Tuesday, May 3, 1994, at the Eagan Municipal Center. Present
were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges,
Director of Community Development Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
.
A
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City Administrator Hedges noted that the preliminary plat requests for Pines Edge Addition/Shamrock Development
Company was originally announced for consideration at the May 18 City Council meeting, but since the owner and developer
expressed a strong desire to have this item brought before the City Council meeting at the May 3 meeting, it was added under
the Administrative Agenda.
Wachter moved, Awada seconded a motion to approve the agenda for May 3,1994 regular City Council meeting as presented.
Aye: 5 Nay: 0
Councilmember Awada asked that the minutes of April 19,1994, Page 11; Recommendation, Airports Committee, Application
of Metropolitan Airports Commission Part 150 Land Use Program Funding, Sound Insulation Program; Paragraph 6; Sentence
1, be changed to read: "Councilmember Awada made a motion, Hunter seconded, prioritizing the program for all of Country View
Heights, Highview, and the freestanding buildings in commercial areas, at this point, and exploring the possibility of buying out
McKee Addition with the program within the next four years." She also requested that Page 10, Rezoning/Preliminary Plat Arcon
Development/Waterview Addition, Sentence 1, be changed to read: "Hunter moved, Mayor Egan seconded, a motion to approve
the rezoning of 14.8 acres zoned agricultural to R-1 for Arcon Development, Inc. located along the east side of Dodd Road, west
of Highway 3 in Section 36," thereby eliminating the motion on the preliminary plat and associated conditions since technically
'1e preliminary plat was not acted on at all, the motion only considered the rezoning. City Administrator Hedges noted that the
motion on the preliminary plat and associated conditions had been striken through on the revised minutes for the Council, and
thanked Councilmember Awada for bringing the oversight to staffs attention.
Councilmember Wachter requested that page numbers be added for all minutes. He also asked that on Page 18, Lull
Financing Options, Paragraph 3, last sentence, the vote result be added to read: "Aye: 5 Nay: 0."
Mayor Egan requested that Dale Huber's name be added to Page 5, Project 638R, Yankee Doodle Road-Street and Storm
Sewer, Paragraph 10, Sentence 1, to read: "Dale Huber, a representative of Northwestern Mutual Life, stated that while the
company is not happy with additional assessments, they have no quarrel with the proposed improvements and feel it would be
an upgrade for the entire area." He also asked that Page 8, Rezoning/Preliminary Plat Arcon Development/Waterview Addition,
Paragraph 3, Sentence 3, be changed to read: "Councilmember Wachter stated that the Council felt that intersection would be
more safe for the public and school buses because the road is straighter and not on a curve, than the other access to the property
to the east." On Page 17, Preliminary Plat/Silver Bell 2nd Addition/Norman Vogelpohl, Paragraph 3, Mayor Egan requested
Sentence 1 be changed to read: "Ralph Wagner, a representative for Norman Vogelpohl, provided additional comments on the
application."
Councilmember Hunter commented that as a general observation he would like to see more discussion and debate reflected
in future minutes. He also requested that Page 8, Project 661, Sibley Terminal Industrial Park-Street Rehabilitation, Paragraph
4, Sentence 1, be changed to read: "Wachter moved, Hunter seconded, a motion to close the public hearing and deny Project 661,
Sibley Terminal Industrial Park (Street Rehabilitation), to instruct staff to return to the City Council with the Yankee Doodle
Road reconstruction as soon as practical, and in two years the Council will reexamine the deterioration process of Terminal Drive."
He also requested that on Page 10, Rezoning/Preliminary Plat Arcon Development, a paragraph be added before the motion
recollecting discussion on the debate to read: "Mayor Egan and Councilmember Hunter both commented that the application
before the Council was proper for approval being consistent with the Comprehensive Guide Plan. They further stated that there
°xisted no basis for denial." On Page 14, Rezoning/Marrell Inc., Councilmember Hunter requested that a paragraph be inserted
~,rior to the motion stating: "Councilmember Hunter commented that the developer seemed to have investment backed
expectations, and Hunter was uncomfortable denying the request."
Councilmember Masin requested that on Page 8; Project 661, Sibley Terminal Industrial Park-Street Rehabilitation, Paragraph
PAGE 2/ EAGAN CITY COUNCIL MINUTES
MAY 3,1994
1, Sentence 2, be changed to read: "She then stated since Terminal Drive is mainly a private drive used by companies with truck
traffic, and the property owners understand they run the risk of paying for reconstruction when the road deteriorates, that she
.s comfortable in leaving Terminal Drive at its present condition."
Hunter moved, Wachter seconded, a motion to approve the minutes of April 19, 1994 regular City Council meeting as
amended. Aye: 5 Nay: 0
Mayor Egan requested that the March 22, 1994 Minutes of a Special Meeting of the City Council Page 1, Introduction,
Paragraph 1, Sentence 2, be changed to read: "The meeting was held to continue review of the South Dodd Road development
options, as well as other items that were deferred at the March 15, 1994 work session...."
Wachter moved, Hunter seconded, a motion to approve the March 22, 1994 minutes of a Special Meeting of the City Council
as amended. Aye: 5 Nay: 0
'r`
Mr. David Cavallaro, representing Gopher State Expositions, explained his request for the Council to allow travel trailers in
the Walmart parking lot for approximately 6 days for carnival purposes. He further explained that he had drafted a letter outlining
this request to the Council.
Mayor Egan notified Mr. Cavallaro that this item was later on the agenda, under the Administrative Agenda. Mr. Cavallaro
added that he was told to appear before the Council under Visitors to Be Heard section between 6:30 - 7:00 p.m.
Mayor Egan stated that two actions were required; one was a motion to reconsider, and if the motion to reconsider was
passed, then the second motion would be to reverse action taken at the April 19, 1994 Council meeting. Mayor Egan requested
what the staffs anticipated protocol for this request would be.
City Administrator Hedges responded that in consideration of Mr. Cavallero, the City Council could entertain a motion for
reconsideration, and if there is a motion for reconsideration, then the Council would need to determine whether the agenda should
be adjusted or to have the applicant return later under the Administrative Agenda.
Councilmember Hunter noted that after reading Mr. Cavallero's letter he felt that it changed the scope of the problem in
his mind sufficiently that he was willing to make a motion to reconsider. He cited his reasons being that the company was only
asking for six trailers, when he was under the assumption that there would be more, and that the trailers would be self contained,
of which he was not previously aware.
Councilmember Hunter made a motion, Egan seconded, a motion to reconsider Gopher State Expositions, Carnival at
Walmart Parking lot. Aye: 5 Nay: 0
Councilmember Awada questioned whether it was true the Fourth of July celebration allowed trailers on site. City
Administrator Hedges responded that it was correct.
Mayor Egan stated he agreed with Councilmember Hunter, based on the letter presented by Mr. Cavallero.
Wachter moved, Awada seconded, a motion to approve the Gopher State Expositions, Carnival at Walmart Parking lot,
allowing travel trailers in the Walmart parking lot during the days a carnival is in existence in the parking lot of the Walmart
Store. Aye: 5 Nay. 0
A representative of Gopher State Expositions stated that cities should consider that a carnival or a circus is a self-contained
business, and thanked the Council for their approval.
Mayor Egan introduced Sheryl Casey, serving on behalf of the City of Eagan for the Dakota Alliance for Prevention. City
Administrator provided brief introductory comments, noting Ms. Casey is a resident of the community who has been active in a
number of volunteer matters.
PAGE 3/ EAGAN CITY COUNCIL MINUTES
MAY 3 ,1994 Ms. Casey described what DAP, Dakota County Alliance for Prevention, is, characterizing it as a 25 member partnership of
concerned citizens who represent cities, townships, and all cities within Dakota County, which began two years ago. She provided
.n update on the Dakota Alliance for Prevention, including first year activities like establishing the partnership as an organization,
the establishment of a mission statement, development of goals and established committee structure and by-laws, as well as second
year activities including the completion of a needs assessment, and the development of a work plan with six main strategies.
Mayor Eagan thanked Ms. Casey for her willingness to volunteer last year for participation on the Dakota Alliance for
Prevention and all her hard work she put forth in this organization.
Mayor Eagan introduced Department Head Business, noting that there was no formal Department Head Business.
Councilmember Wachter stated he would check with Director of Public Works Colbert later on the status of the trees at Crate
Prospects at Lone Oak Road, noting he had looked at the trees and believes some of them may be removable. Director of Public
Works Colbert provided an update on the project for Lone Oak Road, stating that the County Board was considering the contract
award today and noted the contract had came under estimate.
Councilmember Wachter explained it was pointed out to him by a citizen that Cliff Road from Blackhawk Road is lacking
appropriate identification signage. Councilmember Wachter encouraged staff to correct the lack of appropriate signage.
Councilmember Wachter then asked Chief of Police Geagan what the City could do about the amount of accidents on the
westerly portion of Cliff Road. Chief of Police Geagan responded that he was not sure that there were any additional remedies
the City could undertake to lessen the number of accidents since the State of Minnesota handles the engineering, and as far as
staff could tell the accidents were not speed related. They are, Mr. Geagan explained, attributable to inattentiveness as well as
the increasing amount of traffic volumes.
City Administrator Hedges distributed the new City newsletter and map, commenting that Joanna Foote, Communications
end Recycling Coordinator, did an excellent job on the two projects.
In regard to Item D, Reconsideration of Metropolitan Airports Commission Part 150 Sound Insulation Program, McKee
Addition, Councilmember Wachter stated, according to information the Council received, most owners wish to insulate, and
questioned whether the Council was going to force them to sell out. Councilmember Awada noted that Item D was to include
all of McKee Addition in sound insulation, and the Council would not conduct any buy-outs in any of the areas.
In regard to Item E, Recommendation, Airport Relations Committee Opposition to Runway 4/22 Extension, Councilmember
Wachter stated he was not only opposed to the item, but that he was also concerned about the number of dollars spent on the
related studies when it is unknown what will happen. He added that he felt that Richfield should wait until the Legislature decides
that they have to have a new airport and then it may be more favorable to conduct a study, however, up to this point the
Legislature has not decided for a new airport.
Councilmember Hunter questioned whether the applicant was aware that Item J; Continue Rezoning, Marrell Inc., of 30.1
acres from A (Agricultural) and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road, north of
Highway 55 in the NE 1/4 of Section 12, was to be continued. Director of Community Development Reichert stated she had
called Mike Gair, Marrell's representative, and notified him that was the intent since the legal work had not been done yet.
Councilmember Hunter then asked if Mr. Gair had expressed any concerns about the continuance. Director of Community
Development Reichert responded that he simply accepted the information and indicated he would pass it on to his client.
In regard to Item L, Accept Commercial Land Use Study, Interim Report: Working Policies, for use in evaluating Land Use
Plan map amendments in the interim prior to final completion of the overall Commercial Land Use Plan Amendment,
Councilmember Hunter pointed out that policies, even if they are working policies, are very powerful and are second only to
: dinances. He further stated he believed it was very important that the Council understand what it is undertaking when passing
policies without ordinances. He added it is important if the Council enacts such a policy, that applications are not precluded.
The guidelines, he noted, are meant to be provided to developers as informational only, and if a developer wants to proceed with
an application they can. Councilmember Hunter also pointed out those guidelines are originating from the City Council, and if
PAGE 4/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994 0'; .Z I
there are criticisms of the policy they should be directed to the Council, as they are the entity who sets policy.
Councilmember Awada responded to Page 42 of the City Council packet, Major Diversified Center Policies, letter If, stating
the referred to working policies are only second to ordinances, that the City needs to keep in mind that site planning will also
include respecting what currently exists, and that certain land uses still do not belong next to other land uses, so that areas would
not be just a "hodge-podge" of mixture.
Community Development Reichert stated one of the strong points of the working policies is that as they are worked with,
staff and Council can continue refining them to reflect fully what is desired. Adding that she felt this was very much in the spirit
of the general discussion on major diversified center, that while the City may want to have a lot of diversified uses in the location,
the importance of pre-planning and that the center should be planned as a mixed use area from the beginning should be stressed.
Councilmember Hunter asked if the Developers Task Force had reviewed Item L. City Administrator Hedges noted that the
old Developers Task Force does not really exist anymore for it was disbanded a few years ago. Director of Community
Development Reichert stated that staff had working sessions with the development community and presented the draft policies.
Councilmember Hunter reiterated that these are working policies and that the City invites anyone from the development
community or the public at large to discuss their comments regarding the policies with staff or the Council.
A. Personnel Items
Item 1. Youth Development Coordinator--it was recommended to ratify the hiring of Walker Lee Ashley as Youth
Development Coordinator.
Item 2. Seasonal Concession workers--It was recommended to ratify the hiring of Deborah Butjer, Wendy Willman, Nora
Flueger, Christopher Fischer, Susan Gerry, LeiLani Fischer, Holly Confer and Julie Beecher as seasonal concession workers.
Item 3. Seasonal Park Maintenance Worker--It was recommended to ratify the hiring of Gregory Martin as a seasonal
',ark maintenance worker.
Item 4. Seasonal Ballfield Attendant--It was recommended to ratify the hiring of Douglas Kuehn as a seasonal ballfield
attendant.
B. Licenses. Plumbers
It was recommended to approve the plumbers' licenses as presented.
C. Selection. Legal Service Providers. City Attorney. Prosecution. Labor and Bond Counsel
It was recommended to approve the selection of Grannis, Grannis, Hauge, Eide, Anderson & Keller for prosecution,
Ratwick, Roszak, Bergstrom & Maloney for labor, Faegre & Benson for bond counsel and a firm to be named as City Attorney.
D. Reconsideration. Application of Metropolitan Airports Commission Part 150 Sound Insulation Program. McKee
Addition-~
It was recommended to include the McKee Addition in the Part 150 Sound Insulation Program subject to the approved
criteria of selection.
E. Recommendation. Airport Relations Committee Opposition to runway 4/22 Extension—
It was recommended to approve the Airport Relations Committee recommendation that the City strongly oppose the
extension of runway 4/22 because of its excessive cost of $50 million, its limited benefit to shift traffic and noise impact and the
potential of substantial increase of traffic over the entire City of Eagan.
F. Recommendation. Solid Waste Abatement Commission. Position on U.S. West Phone Book Recycling Program--
It was recommended to approve the recommendation of the Solid Waste Abatement Commission urging U.S. West's
responsibility for a comprehensive phone book recycling program.
PAGE 5/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
Jl., G. Set June 4. 1994, as Date for Public Auction Surplus PropgZ--
It was recommended to set June 4, 1994, as the date for the public auction of City surplus property as presented.
H. Contract 94-06. Approve Plans/Authorize Ad For Bids (Wilderness Run 1-4 Additions - Street Rehabilitation)—
It was recommended to approve the plans and specifications for Contract 94-06 (Wilderness Run 1st-4th Additions-Street
Rehabilitation) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on May 27, 1994.
1. Contract 94-04. Approve Plans/Aathorgr Ad for Bids (Englert Road - Street & Util tied
It was recommended to approve the plans and specifications for Contract 94-04 (Englert Road -Streets & Utilities) and
authorize the advertisement for bid opening to be held at 10:30 a.m., June 3, 1994.
J. Continue Rezoning Marell Inc.. of 30.1 acres from A (Agricultural) and R-4 (Multiple) to R-1(Sin e Family) located
alb the south side of Lone Oak road. north of Highway 55 in the NE 1/4 of Section 12--
It was recommended to continue consideration of the rezoning for Marvell, Inc., of 30.1 acres form A (Agricultural)
and R-4 (Multiple) to R-1 (Single Family) located along the south side of Lone Oak Road north of Highway 55 in the NE Quarter
of Section 12
K. Spa& Use Hermit. Marvin Smith and Sons. Inc. to allow a temporary tent sale. located at Lot 2. Block 12. Gopher
Eagan Industrial Park Second Addition. in S 1/2 of Section 12--
It was recommended to approve a Special Use permit subject to the conditions set forth in the staff report:
1. This Special Use permit is temporary and shall be valid June 15-18, 1994.
2. Set-up shall not take place prior to June 8, 1994
3. The tent shall be removed no later than June 21, 1994.
4. The permit shall be subject to all applicable City policies and ordinances.
5. The outdoor sales will be restricted to the same hours as Smitty's Outlet Store.
L. Accept Commercial Land Use Study. Interim Report: Working Policies. for use in evaluating Land Use map
amendments in the interim prior to final completion of the overall Commercial Land Use Plan Amendment--
It was recommended to accept the Commercial Land Use Study, Interim Report: Working Policies.
M. Approve a Order #1. Contract 90-09 (West Publishing 3rd Addn. & Wilmus Addn. - Trunk Storm Sewer & Trunk
Storm Sewer Lift Stations)--
It was recommended to approve Change Order #1 (City Contract 90-09, West Publishing 3rd Addition and Wilmus
Addition - Trunk Storm Sewer improvements) which adds $21,139.64 to the original mount of $464,637.42 resulting in a revised
contract amount of $485,777.06
N. Contract 90-09. Approve Final Payment/ Authorize City Maintenance (West Publishing 3rd Addition & Wilmus
Addition - Trunk Storm Sewer Lift Station Improvemen_
It was recommended to approve the 7th and final payment in the amount of $58,460.89 for contract 90-09 (West
Publishing 3rd Addition & Wilmus Addition - Trunk Storm Sewer Improvements & Trunk Storm Sewer Lift Station Installations)
to Danner Trucking Company, Inc., and accept the improvements for perpetual City maintenance subject to the appropriate
•ontractual warranty provisions.
0. Accept Resignation. Advisory Parks. Recreation and Natural Resources Commission--
-t 'A
PAGE 6/ EAGAN CITY COUNCIL MINUTES 0
MAY 3, 1994
It was recommended to approve the resignation of Daniel Mooradian from the Advisory Parks, Recreation and Natural
Resources Commission.
Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0
Mayor Egan pointed out that Item C; Selection, Legal Service Providers, City Attorney, Prosecution, Labor and Bond Counsel,
reflected the fact that the City just considered, for the first time in six years, selection of legal counsel for the City of Eagan in
four categories; General Work, Prosecution, Labor, and Bond Counsel. He added that he was very pleased to announce that
current City Attorney Jim Sheldon of Severson, Wilcox and Sheldon Law Firm has been reappointed for General Counsel;
Grannis, Grannis, Hauge, Eide, Anderson and Keller Firm has been reappointed for prosecution work; and Ratwick, Roszack,
Bergstrom & Maloney Firm for Labor Counsel. The Mayor then publicly thanked Bob Long, of Holmes and Graven, for their
submittal and presentation.
City Attorney Jim Sheldon extended thanks on behalf of himself and the Severson, Wilcox and Sheldon Firm, for reappointing
the firm as City Attorney.
VACATION/ LOTS 1-10, BLOCK 1, WOODLANDS NORTH 2ND ADDITION
Mayor Egan introduced this item as Vacate Drainage & Utility Easements (Lots 1-10, Block 1, Woodlands North 2nd
Addition). City Administrator Hedges provided brief remarks, recalling that at the April 5, 1994 regular City Council meeting
there was a petition received from affected property owners requesting that various common line drainage and utility easements
dedicated with the final plat of the Woodlands North 2nd Addition be vacated to accommodate the construction of duplex units,
which will straddle the affected property line.
Director of Public Works Colbert provided additional information on the location and vacation, noting that the application
vas fairly straight forward as it provided for the vacation of common lot line drainage and utility easement. He explained that
rhea the final plat was recorded, common lot line easements were inadvertently dedicated over the lot lines which will now be
incorporated by duplex units incorporating the two lots. Mr. Colbert noted that the City had not received any objection to this
request.
Jim Bates, on behalf of the petitioner, stated he was present for any questions by the Council. He added that there have been
duplexes built on these lots.
Awada moved, Masin seconded, a motion to close the public hearing and approve the vacation of drainage and utility
easements as described over Lots 1-10, Block 1, Woodlands North 2nd Addition, and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay. 0
REZONING/PRELIMINARY PLAT
ARCON DEVELOPMENT/WATERVIEW ADDITION
Mayor Egan introduced this item as Rezoning, Arcon Development, of 17.84 acres from A (Agricultural) to R-1 (Single
Family) and a Preliminary Plat, Arcon Development, Waterview Addition consisting of 20 single family lots located east of Dodd
Road and west of Highway 3 in the southwest quarter of Section 36.
City Administrator Hedges provided brief comments, noting that this item was denied at the April 19, 1994 regular City
Council meeting and the City Council directed the City Attorney to draft findings for adoption as a resolution by the City Council
which could be given consideration at the May 3, 1994 regular City Council meeting. Mr. Hedges explained that the City Attorney
held previous discussions with Legal Counsel representing the developer and there was some consideration of litigation that could
he brought against the City. With that in mind and following discussion with the City Council and City Attorney, Mr. Hedges
ated it seemed appropriate that this item would be directed to Executive Session for further discussion.
Mayor Egan related his understanding that Councilmember Awada believed the need for an Executive Session could be
eliminated.
PAGE 7/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
Councilmember Awada added upon advice of the City Attorney, she would make a motion, Egan seconded, to reconsider
he rezoning of Arcon Development, of 17.84 acres form A (Agricultural) to R-1 (Single Family) and a Preliminary Plat, Arcon
Jevelopment, Waterview Addition consisting of 20 single family lots located east of Dodd Road and west of Highway 3 in the
southwest quarter of Section 36. a resolution citing findings for denial of the Rezoning of Arcon Development of 17.84 acres from
A (Agricultural) to R-1 (Single family). Aye: 5 Nay: 0
Awada moved, Hunter seconded, a motion to approve the Rezoning, Arcon Development, of 17.84 acres from A (Agricultural)
to R-1 (Single Family) and a Preliminary Plat, Arcon Development, Waterview Addition consisting of 20 single family lots located
east of Dodd Road and west of Highway 3 in the southwest quarter of Section 36. Aye: 5 Nay: 0
Awada moved, Hunter seconded a motion to approve preliminary plat consisting of not more than 20 lots on said property
subject to the conditions set fdtth:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied
with-
Al, B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1 and H1
2. All Shoreland Zoning regulations shall be met.
3. Individual tree lot preservation plans shall be prepared on Lots 4-11 and Lot 20, Block 1, at the time of building
permit application.
4. Lakeside Animal Hospital shall cease operations prior to initial construction.
5. Permits shall be obtained for the abandonment of the operational well in accordance with Dakota County and State
of Minnesota regulations.
6. Permits shall be obtained for the abandonment of the septic system in accordance with City of Eagan and State
of Minnesota regulations.
7. The developer is responsible for complying with the Tree Preservation Plan as submitted which states that no
mitigation will be required if 17% of the existing tree mass, or less, will be removed from the site.
8. The grading shall preserve a 30' buffer zone of undisturbed vegetation along the south edge of Pond LP-26.
9. The proposed lots abutting Highway #3 shall dedicate a 30' wide drainage and utility easement on the final plat
to allow for the extension of sanitary sewer and water main along Highway #3.
10. A water quality treatment pond (Pond LP-263) of at least 0.23 acres in surface area at the NWL, 0.7 acre-feet
in wet pond volume, a minimum average depth of 3 feet, and a maximum discharge rate of 1 cfs shall be
constructed to treat all runoff draining to Waterview Court.
11. The development will be required to stub 8" sanitary sewer and 8" water main to the south edge of the plat in the
right-of-way of the proposed stub street.
12. The installation of sanitary sewer and watermain to serve this development must be authorized by the City Council
prior to final plat approval.
13. The final plat shall dedicate a ponding and utility easement for Pond LP-26 and Pond LP-26.3 to an elevation 3'
above the calculated HWL's of the ponds.
(Rescinded by Council
action on August 16, 1994.)
15. The development shall financially guarantee the costs for the installation of all public utilities and streets necessary
to service or accommodate the proposed development located beyond the boundaries of said development.
I ~ s,p.
PAGE 8/ EAGAN CITY COUNCIL MINUTES ,r„w
MAY 3, 1994
16. In order to final plat Lot 4 of Block 2, a temporary cul-de-sac with a 45 foot radius shall be constructed at the
south end of the stub street.
Aye: 4 Nay: 1 (Wachter)
Councilmember Wachter commented that he was opposed to the preliminary plat since he believed the plan was impacting
future residents and that the developers should have considered the real assets of placing the street off of Highway #3.
Citizens from the audience expressed their concern with not having the opportunity to express their opinions on the rezoning
and preliminary plat. Mayor Egan responded that three public hearings had previously taken place on this item, and the Council
had intended to go into Executive Session on this item. He added that what the Council did at the April 19, 1994 regular City
Council meeting was deemed incorrect and the only choice for the Council to do was what they did, or go into Executive Session
and review alternatives with legal counsel behind closed doors. He added that there has been no change in facts, the only thing
the Council had was a legal interpretation of the vote of the April 19, 1994 regular City Council meeting.
Wwliii
VARIANCE/ PATRICK C. HOFFMAN
Mayor Egan introduced this item as Variance, Patrick C. Hoffman, of 4.25' to the required setback of 50' from Diffley Road,
located at 4195 Pond Wynde South, Lot 4, Block 1, Deerwood Ponds, located in the SE 1/4 of Section 21. City Administrator
Hedges made brief introductory remarks.
Director of Community Development Reichert explained the location and application. The hardship, she explained, is
proposed in order to save some very large existing trees.
Pat Hoffman, 4350 Fox Ridge Court, explained that he could build on the lot without the variance, but provided reasons why
he felt the variance was a good reason, including the preservation of existing trees and the topography of the lot; with the variance,
ne explained, he could build on the flatter portion of the lot and preserve the existing slope. He further explained that the lot
still slopes, but that it slopes greater the further back on the lot.
Councilmember Wachter questioned whether the proposed construction would have a walk out. Mr. Hoffman replied it would
be a full walk out. Mr. Wachter then asked how many trees would be saved. Mr. Hoffman replied they would be saving a net
of three 68" and 58" trees.
Wachter moved, Hunter seconded a motion to approve the 4.25' Variance from the required 50' setback from Diffley Road
with the following conditions:
1. Erosion Control fencing shall be installed prior to issuing a building permit.
2. Erosion control fencing shall be placed around the large oak trees to be preserved prior to the issuance of the building
permit.
3. All other City Code requirements.
Aye: 5 Nay: 0
VARIANCE/AMERICAN CONCEPTS, INC.
EAGAN CONVENIENCE CENTER
Mayor Egan introduced this item as Variance, American Concepts, Inc., Eagan Convenience Center, for a 27 s.f. variance
to the Sign Code maximum size for Lot 1, Block 1, Eagan Convenience Center. City Administrator Hedges made introductory
remarks.
Director of Community Development Reichert explained the location and application. She explained the applicant would like
to exceed the sign code in order to provide additional signage for other tenants. Ms. Reichert further stated that this wasn't
exactly a hardship that runs with the property, rather, the applicant had allocated their signage allotment and now have demands
PAGE 9/ EAGAN CITY COUNCIL MINUTES
MAY 3,1994
for additional signs with no signs to allocate.
Laura Brant, Kraus-Anderson Realty Company Property Manager, representing American Concepts Inc., responded that if
tenants were asked whether it was a hardship they would respond yes. She further explained due to the location, the businesses
have no exposure onto Pilot Knob Road without the additional signage.
Councilmember Masin questioned whether the additional signage would extend down from the existing reader board or exceed
its current height. Ms. Brant responded that the additional signage would be extended down slightly below the reader board.
In order to get all the other additional tenants on the sign the additional square footage is needed.
Tim Keran, who will be contracting the sign for Kraus Anderson, stated he did not believe the sign was designed to be visible
while a driver is on Pilot Knob Road, rather it was designed for a driver turning onto Duckwood Drive to see what tenants are
located in the building.
Mayor Egan stated that staff indicates the hardship was a little thin, but that he was willing to consider it for economic
development reasons. Councilmember Masin stated she was comfortable with it as well.
Councilmember Hunter commented that he felt the argument for the sign variance was exceedingly thin but that he also would
consider it for economic development reasons. He added that he would consider the variance because ever since the City banned
billboards, he feels the City should be a little more lenient in signage.
Councilmember Wachter reflected that the request is consistent with sign code requirements. Director of Community
Development Reichert clarified that the square footage would be increased by approximately 20% over the maximum 125 sq. ft.
Mr. Wachter stated that if the sign would be widened or raised higher he would be opposed to granting the variance, but as long
as this request is only going down from the reader board it is not impacting the people on the street as much, and he would
support approval of the request.
Masin moved, Hunter seconded, a motion to approve the 27 sq. ft. Variance to exceed the maximum 125 sq. ft. pylon sign
lace area for the Eagan Convenience Center to only extend down from the reader board and not higher up than the reader board
on the existing sign. Aye: 5 Nay. 0
WAIVER OF PLAT/MAROTZKE
Mayor Egan introduced this item as Waiver of Plat, Marotzke, to split P.I.D. #10-03600-011-81 for individual ownership
located south of Gun Club road in the SE 1/4 of Section 36.
City Administrator Hedges made introductory comments, noting that this item was heard before the Advisory Planning
Commission at its meeting of April 26, 1994. Director of Community Development Reichert provided additional presentation
by explaining the location and application.
Mrs. Marotzke was present but did not comment. Mayor Egan stated that he felt the issue was very straight forward, with
staff not having any difficulty with the application.
Awada moved, Wachter seconded a motion to approve the Waiver of Plat for P.I.D.# 10-03600-011-81 subject to the
conditions set forth by the Advisory Planning Commission:
1. This Waiver of Plat for Parcel 10-03600-011-81 shall be recorded with Dakota County Recorders Office within 60
days of its approval.
2. Dedication of a drainage and utility easement over Pond LP-23 up to 3 feet above the HWL is required.
3. Dedication of a 30 foot half right-of-way for Gun Club Road.
4. All other City code requirements.
Aye: 5 Nay. 0 R-94.27
PAGE 10/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994.
WAIVER OF PLAT/FRANK H. RECHTZIGEL
Mayor Egan introduced this item as Waiver, Frank H. Rechtzigel, in order to split Parcel 011-50 for individual ownership
located along the north and south sides of Deerwood Drive east of I-35E in the SW 1/4 of Sec 21.
City Administrator Hedges explained that Mr. Rechtzigel had written a letter requesting a continuance.
Wachter moved, Hunter seconded, a motion to continue a Waiver of Plat for two parcels, one on each side of Deerwood
Drive, of the existing Parcel 011-50, southwest quarter of Section 21, to the May 18 City Council meeting upon request of the
applicant. Aye: 5 Nay: 0
WAIVER OF PLAT/M.L. GRESSER
Mayor Egan introduced this item as Waiver of Plat, M.L. Gresser, to split Lot 11, Block 1, Sibley Terminal Park, for individual
ownership located along the west side of Terminal Drive north of Yankee Doodle Road on the SE 1/4 of Section 8. Mayor Egan
then announced he represented an interested party in the application, and would be stepping down entirely and requested the
acting Mayor to preside over the item. Councilmember Wachter stepped in as acting Mayor and presided over discussion of the
application.
City Administrator Hedges made introductory comments. Director of Community Development Reichert provided additional
presentation on the location and application. She explained Advisory Planning Commission discussion regarding whether the
existing landscaped island should remain on Yankee Doodle Road or be removed.
Applicant, Mike Gresser, expressed his concern over cars being unseen traveling westward on Yankee Doodle Road should
the island be removed. He stated the plan had worked for more than nine years to control traffic and keep tour buses out of the
area and described several accidents previous to the construction of the island. Mr. Gresser stated he wished for the Council to
keep the island as is exists now because it works.
Acting Mayor Wachter stated that when signage was used many years ago it proved ineffective. So far, he concluded, the
island has worked out for the best. Mr. Wachter also noted that the only imposition would be the snow plowing. Mr. Gresser
replied that although it was inconvenient for snow plowing, he took care of the snow plowing for that area and was willing to be
inconvenienced in order to promote safety.
Acting Mayor Wachter questioned whether the new tenants were in agreement with the proposal. Mr. Gresser responded
that they those tenants were in agreement.
Councilmember Awada requested clarification on the location of the application. Director of Community Development
Reichert provided clarification. Director of Public Works Colbert explained the proposed intersection for traffic traveling down
Yankee Doodle Road could be accurately handled by providing some directional arrow signage, thereby providing advanced
warning a curve is approaching.
Councilmember Awada questioned why the City would propose changing what currently exists. Director of Public Works
Colbert responded that there were two options available from the very beginning nine years ago; 1) the option suggested by Mr.
Gresser and 2) the alternative that staff was investigating prior to Mr. Gresser's construction. Mr. Colbert also noted that there
has been an objection from one of the affected property owners of the configuration which requested the City continue with the
alternative the City was pursuing prior to Mr. Gresser's construction.
Mr. Gresser then responded that he did not want the island to change since the design is simple and works well.
Councilmember Wachter questioned how people who will occupy the new lot feel about the existing design. Mr. Gresser
responded they preferred to leave the design as it exists currently.
Deborah Page, an attorney representing Dunn and Bradstreet, stated that her client does not object to the waiver of the plat,
but her client's only concern is in regard to the landscaped area of the berm. Her client's objection to the area, she explained,
as been long standing since 1985, since the berm obstructs the flow of traffic as it flows northwesterly on Yankee Doodle Road.
She added that her client's property is currently fenced and undeveloped, but the building was built with the intention of expansion
on an easterly wing and westerly wing. In order to accommodate that expansion, she explained, additional visitors' parking would
be required northerly of the building, making the use of an access off of Yankee Doodle Road necessary. She then expressed
PAGE 11/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
her client's objection to the approval of the preliminary plat with the existing berm in place, since it would prohibit Dunn and
Bradstreet's future development and access off of Yankee Doodle Road. She stated she felt this was in effect a taking of part
of the value of Dunn and Bradstreet's property because of the lack of access. Ms. Page requested that the City Council approve
the waiver but require the removal of the berm to create access. She added that the proposal presented at the meeting was the
first time her client had seen the design, and raised concerns that the access be continuous and even, since the biggest concern
is that there be two-lane available street all the way through.
Councilmember Awada questioned when Ms. Page's client planned to develop further. Ms. Page responded that there is not
a development plan available today, but her concern was that anything done today will impact future development. Councilmember
Awada then asked if Ms. Page would be concerned if the Council agreed to leave the design the way it presently exists, with the
agreement that Dunn and Bradstreet would return when they wished to develop the area and the street would be straightened
out at that time. Ms. Page's concern was that the approval of plat with the berm in place automatically would provide the new
owner of that lot the rights to have the berm there.
City Attorney Sheldon responded that this is only a waiver of plat before the City Council and the maintenance agreement
that the City reviewed with the property owner provides that the City has the right to remove the landscaped island if it so
chooses, and that the landowner is responsible for that cost. He further clarified that the maintenance agreement stated the City
Council retains the ultimate right and decision over the right-of-way.
Councilmember Awada said, in her opinion, if Dunn and Bradstreet was to develop anything else that required access, the
island should be removed. For now, she added, she felt comfortable with the design because it works. Ms. Page responded that
she understood what Councilmember Awada was stating, but the reason she was asking for the removal was due to her client's
lack of success when working with the City in the past.
Councilmember Masin questioned Ms. Page's reaction to safety concerns raised by Mr. Gresser. Ms. Page responded she
did not have any personal knowledge about the safety issues, but that her client has indicated that the safety concerns have more
or less been corrected by the stop signs.
Councilmember Masin then stated since Ms. Page and her client were not pleased with either of the two designs presented,
that it may be beneficial once development of the area is undergone to review the entire situation at that point in time. Ms. Masin
questioned if Dunn and Bradstreet would be agreeable to her proposal. Ms. Page reiterated her client's concern over access
issues.
Councilmember Hunter commented he felt the existing landscaped island did a good job in controlling traffic and that he
questioned whether the area was a parking lot or a street in the fall during bow-hunting season. Mr. Gresser replied that when
Apple Valley Police Department came in he requested that a gate be put in for safety reasons for bow-hunting season.
Councilmember Hunter then stated he felt it was reasonable to leave the island as it exists currently. He added that he was
sensitive to Dunn and Bradstreet's needs and that the agreement provides the Council with the capability to have the landscaped
island removed/not removed whenever development occurs later on. He stated he would be agreeable to approve the application,
leaving the peninsula in, with the condition that the peninsula be removed when development would occur.
City Attorney Sheldon stated he was uncomfortable with placing a condition like that mentioned above, for Councils in the
future may not be held to 1994 conditions. He stated the Council has some inability, by way of agreement, to bind future Councils
action.
Councilmember Hunter stated he felt that was acceptable, as long as the minutes reflected the discussion of the Council's
intent that once the land is developed further, the landscaped island be removed in order to provide access for Dunn and
Bradstreet. He added he felt future City Councils will uphold the 1994 Council's desire to have the landscaped island removed.
Wachter pointed out to the Council that this was a very special exception with a public street that has such a private
landscaped island. Councilmember Hunter concurred that it was unusual, and that he wouldn't consider it if it wasn't located in
such a remote area.
Director of Public Works Colbert commented that when the application was originally considered it required that all affected
property owners sign the agreement, and at that time Dunn and Bradstreet had objected to signing the agreement. Thus, he
concluded, if the existing situation was allowed to remain, it would be well for the Council to stipulate who must enter into the
PAGE 12/ EAGAN CITY COUNCIL MIIN?UTFS
MAY 3, 1994
maintenance agreement for the island to ensure it is complied with.
Councilmember Awada stated she felt the person who desires the island should pay for the maintenance. Councilmember
Hunter said the first property owner and the last property owners will pay for maintenance. Director of Community Development
Reichert clarified that the two property owners responsible would be both Mr. Gresser's property and Transport America.
Hunter moved, Awada seconded, a motion to approve a Waiver of Plat in order to split Lot 11, Block 1, Sibley Terminal
Industrial Park, into two parcels subject to the five conditions set forth in the staff report as modified by the Advisory Planning
Commission, noting that the peninsula be left intact with the maintenance agreement being executed by both Gresser and
Transport America property owners along the eastern border of Yankee Doodle Road:
1. The Waiver of Plat shall be recorded within 60 days of Council action with documentation to the City.
2. The loading docks for the building on Parcel B shall be removed prior to July 1, 1994, or issuance of Certificate
of Occupancy, whichever occurs earlier.
3. Cross ingress/egress easements shall be recorded with the Waiver of Plat with documentation to the city.
4. A 38% lot coverage shall be permitted on Parcel B and it shall be combined with Lots 9 and 10, Sibley Terminal
Park, with the recording of the transfer of Parcel B.
5. The property owners of the parcels created by this Waiver of Plat are required to enter into a Declaration of
Covenants for maintenance and repair of landscaping for the modifications to City right-of-way created by the
landscaped peninsula or the intersection is required to be reconstructed to allow the through movement of
traffic at the expense of the property owners.
Aye: 4 Nay: 0
Acting Mayor Wachter then turned the meeting over to Mayor Egan.
R-94.28
CONDITIONAL USE PERMIT/FIELD MAINTENANCE, INC.
Mayor Egan introduced this item as Conditional Use Permits, Field Maintenance, Inc. to allow service and outdoor storage
of trucks in a LI (Light Industrial) district on Lots 17, 18, 19, Block 4, Eagandale Center Industrial Park #4 Addition, along the
west side of Mike Collins Drive north of Yankee Doodle Road in the SE 1/4 of Section 11.
City Administrator Hedges provided introductory comments. Director of Community Development Reichert provided
additional information on the location and application, stating that the application was fairly straight forward.
Phyllis Rau, Owner of Field Maintenance Inc., was present for questions from the City Council.
Masin moved, Awada seconded, a motion to approve a Conditional Use Permit for the service of trucks and a Conditional
Use Permit for the storage of rental trucks, both subject to the applicable conditions set forth in the staff report with the
modification of Condition #12 for Field Maintenance, Inc. located on the west side of the Mike Collins Drive, north of Yankee
Doodle Road, in the southwest quarter of Section 11:
1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval, with
documentation of recording submitted to the City.
2. A Lot Combination agreement shall be recorded with Dakota County within 60 days of approval
of the Conditional Use Permit, with documentation of recording submitted to the City.
3. No rooftop mechanical equipment shall be visible.
4. All landscaped and green areas shall be served by an underground irrigation system.
5. The three sided trash enclosure shall be attached to the building and constructed of the same building material.
PAGE 13/ EAGAN CITY COUNCIL MINUTES C IL, 3
MAY 3, 1994
6. This development will be responsible for raising or replacing the existing 8" watermain that is located along the
south edge of the site that exceeds the City standard bury depth of 10 feet.
7. The developer shall provide a 20 foot wide easement over the existing 8" watermain that is located along the south
edges of the site prior to building permit issuance.
8. This development shall construct a catch basin at the southwest comer of Mike Collins Drive and
Aldrin Drive to collect the surface water runoff that is draining off this site in a northerly direction to Mike Collins
Drive.
9. All public and private streets, drainage systems and utilities necessary to provide service to this
development shall be designed and certified by a registered professional engineer in accordance with City adopted
codes, engineering standards, guidelines and policies prior to building permit issuance.
10. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City
standards prior to building permit issuance.
11. A detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan.
12. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council
action prior to building permit issuance.
13. This development shall be responsible for the acquisitions of all regulatory agency permits required by the affected
agency prior to building permit issuance.
14. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless
specifically granted a variance by Council action.
Aye: 5 Nay: 0
FINAL PLANNED DEVELOPMENT REVISION/ PRELIMINARY PLAT
B.R.W. INC.
Mayor Egan introduced this item as Final Planned Development Revision, Blue Ridge 3rd Addition, B.R.W. Inc., and a
Preliminary Plat consisting of two lots on 17.12 previously zoned PD (Planned Development) acres located along the south side
of Waters Road east of Highway 55 in the SW 1/4 of Section 1 and the SE 1/4 of Section 2.
City Administrator Hedges made brief introductory comments. Director of Community Development Reichert explained the
location and application, stating that the application was very straight forward with the applicant moving the lot line from one side
of the parking lot to the other side so that one of the buildings could be sold. Councilmember Hunter questioned whether the
other building when sold would have enough parking. Ms. Reichert replied that the other building does have enough parking.
Mayor Egan requested clarification of why the applicant was proposing the final planned development revision. Director of
Community Development Reichert explained when the building's use changed, additional parking was required.
Keith Dahl, with B.R.W. representing Wachovia Bank, stated the southern portion is in an office condition and currently has
sufficient parking. He explained the reason why the parking area was in the middle was because when Northwest Airlines came
in, they required additional parking spaces. Mr. Dahl then raised concerns over park land and trail dedication, since the Advisory
Parks Commission indicated there were not wetland, water quality or park unresolved issues, and since the applicant had indeed
satisfied park dedication requirements at the time the first two buildings were constructed.
Community Development Reichert explained that the issue was not of desiring more park land since she was sure park land
dedication was taken care of when it was originally platted, but instead the dedication was referring to trail dedication. She added
aat staff would ensure that Wachovia only dedicated what was fair.
Councilmember Wachter questioned whether the landscape plan had been carried out as shown in the City Council packet.
Mr. Dahl responded that to the best of his knowledge it had been carried out. Councilmember Wachter stated he would like
PAGE 14/ EAGAN CITY COUNCIL MINUTESu K w
MAY 3, 1994
continual follow up on conditions of plats. Director of Community Development Reichert stated staff would be happy to conduct
i field check in order to ensure the conditions of the application have been followed through accordingly.
Wachter moved, Hunter seconded, a motion to approve a Final Planned Development Revision and a Preliminary Plat for
Lot 1, Block 1, Blue Ridge Addition, and Lot 1, block 2, Blue Ridge 2nd Addition, comprising two lots on 72.12 acres located
along the east side of Trunk Highway 149 south of Lone Oak Parkway subject to the conditions set forth in the staff report:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied
with
Al, B1, H1
Aye: 5 Nay: 0
PRELIMINARY PLAT/ EFH COMPANY
Mayor Egan introduced this item as Preliminary Plat, EFH Company/American Red Cross Addition, consisting of one lot
3.2 previously zoned L-I (Light Industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court
in the SW 1/4 of Section 3.
City Administrator Hedges provided brief remarks. Director of Community Development Reichert explained the location
and application.
Mr. Gene Happe stated that the Director of the Red Cross National Testing Lab was in town on Thursday, and was very
gratified at the condition of the building. Mr. Happe added the Director wished to extend his thanks to the City Council and staff
for their assistance in moving the project along. Mr. Happe noted that Red Cross's goal was September 1, 1994, and the
onstruction completion date is anticipated for August 27, 1994.
Mayor Egan stated the City appreciates the economic opportunity in terms of professional employment it affords Eagan as
well.
Wachter moved, Masin seconded, a motion to approve a Preliminary Plat for EFH Company consisting of one lot on 3.2
previously zoned L-I (Light industrial) acres located along the west side of Eagandale Boulevard south of Eagandale Court subject
to the conditions set forth in the staff report:
1. These standard conditions of plat approval shall be complied with:
Al, B1, C1, C2, C4, El, F1, G1, and H1
2. Irrigation of all turf grass areas shall be required.
3. Eighty-three parking stalls shall be allowed with the initial construction. Fifty-three proof-of-parking stalls shall
be designated on the Final Plat site plan exhibit.
4. The development is responsible for a cash parks and cash trails dedication consistent with City policy on
commercial/ industrial property.
Aye: 5 Nay : 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/GOOD VALUE HOMES
Mayor Egan introduced this item as Comprehensive Guide Plan Amendment, Good Value Homes, changing the land use
ategory of approximately 9.6 acres from LB (Limited Business) to D-II Mixed residential (0-6 units/acre) located west of
Crestridge Drive and east of I-35E in the SE 1/4 of Section 16.
City Administrator Hedges provided brief comments, noting the Advisory Planning Commission was recommending denial
PAGE 15/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
of the Comprehensive Guide Plan Amendment for they did not feel that the residential development at this location would be
compatible with the surrounding area. Director of Community Development Reichert explained the location and the application
further.
Councilmember Hunter commented that the analysis staff provided, which was confirmed by the Advisory Planning
Commission, was appropriate and accurate, especially with the ring road study results. He added that within the ring-road
perimeter the City wants to concentrate commercial development, and because of this he was wiling to uphold the denial.
City Administrator Hedges stated the City Attorney would prepare a fact finding to be presented at a future City Council
meeting.
Mayor Egan noted that in addition to the Commercial Study undertaken five years ago, the City implemented a high density
rezoning study which called for downzoning 27 parcels of land to single family or a lateral use that was more compatible with the
surrounding area. He wanted it to be known that the City Council had gone on record supporting a downzoning of higher or mid-
density residential uses where they feel it is incompatible with surrounding uses.
Hunter moved, Awada seconded, a motion to deny a Comprehensive Guide Plan Amendment for Good value Homes to
change the land use category of approximately 9.6 acres from LB (limited Business) to D-II Mixed Residential (0-6 units/acres)
located west of Crestridge Drive and east of I-35E in the SE quarter of Section 16. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/CENTEX HOMES
Mayor Egan introduced this item as Comprehensive Guide Plan Amendment, Centex Homes, changing the land use category
of approximately 19.52 acres from CPD (Commercial Planned Development) to D-III Mixed Residential (6-12 units/acres) located
south of Town Centre Drive and east of Yankee Place in the NE 1/4 of Section 15.
City Administrator Hedges provided brief introductory remarks and explained the Advisory Planning Commission was
•ecommending denial. Director of Community Development Reichert explained the location, existing planned development of
the area, and application request to take a portion that is guided and zoned Limited Business and change it to a Comprehensive
Guide Plan D-3. She also explained the concerns raised by the Advisory Planning Commission as: 1) they felt the development
in both the commercial area and the residential area that has taken place was in reliance of this being Limited Business, low-
density office; 2) they also felt that the residential development of this property would not be compatible with the surrounding
area; 3) they did not feel the single family area to the south should be entirely surrounded by higher density residential areas, they
felt that Limited Business uses would be more compatible because they tend to be more of a nine-to five operation in nature; 5)
they felt that additional residential development would increase pressure on the O'Leary Park capacity; and 6) they felt in order
to make a change in the Land Use Plan the burden of proof should be on the applicant, and that proof was not fully shown.
Martin Colon, Principal in Federal Land Company and applicant, addressed the points brought by the Advisory Planning
Commission. He stated that only four to five years ago the City went to Limited Business for the area, and previously it was
designated R-4. He added that he believed most of the adjoining residential property was built when the zoning was R-4. Mr.
Colon discussed how the O'Neil property had been rezoned to commercial, and the effect on his development. He commented
that the shoreland ordinance came into effect approximately 11/2 years ago and was unsure how it would impact the previously
approved office development. He concluded that in analyzing the plan there were not too many arguments that could be made
against it, and that the property in question is realistically residential.
Mr. Colon then said the plan filed shows only 8 units/acre, which is the low end of D-3 zoning. He added that single family
residential would lessen the impact of traffic as well.
Steven Klein, 3538 Widgeon Way, spoke on behalf of residents of Widgeon Way who are unamiously opposed to rezoning
the area to the north of Duckwood Estates. He addressed the five main reasons the Advisory Planning Commission provided
on why the rezoning would not be compatible with the existing single family residential. Mr. Klein provided examples on current
O'Leary Park use and how many of the neighborhood residents no longer feel comfortable walking alone or allowing their older
-hildren to play by themselves in the park. He further stated that high density residential in the area received 598 police calls
ast year alone, which shows that cramming so many people in such a tight area without adequate amenities, simply, is conducive
to the problem the Eagan Police Department is seeing in the area.
Mr. Klein further supported the Advisory Planning Commission's five reasons for denial by stating that higher densities would
PAGE 16/ EAGAN CITY COUNCIL MINUTES `
MAY 3, 1994 - JL e,c O
be supported more readily in O'Leary Park since the park is not used highly during the day, that a plan needs to made for the
entire area, all the sweat equity put in by Duckwood Estates residences, and the City's recent commercial study that shows the
City may have planned for too much commercial development in the area.
Martin Colon responded to Mr. Klein's remarks, stating that the units being owner occupied would indeed be compatible to
single family, and would only generate 200-300 people. He refuted what he called an undertone of a lot of people in the park
as bad; he stated the more the park is used the better off the City is. He further stated he had a plan on file at the City, and that
he felt they had every right to rely on the City's Comprehensive Guide Plan as well. He stated he was unsure whether the people
in Duckwood Estates ever provided any park dedication. Mr. Colon provided an example of a similar 350-unit building complex
in Roseville that resides approximately two blocks away from his home that is working out very well.
Mr. Klein expressed their strong concern over the owner occupied units becoming rental units in the future. He recalled that
last week a little boy was beaten up in the area. In regards to reliance on the City, he recalled that when he first built in the area,
he relied upon the City to build a road, which did not come until two years after his house was built. He also expressed his
concern over the loss of trees and how the 1978 drainage plan had changed in an environment of mislaid promises.
Director of Public Works Colbert responded that evidently there had been a change to the drainage plan for the area, since
the plan was updated in 1984 and again in 1990 to accomodate development trends, zoning and density changes.
Councilmember Masin expressed her concerns over security within the area that needs to be addressed. She added that in
view of all the plans the Council has been going through right now, she felt it was premature to consider rezoning the area at this
point in time.
Councilmember Wachter stated he agreed that the O'Leary Park is not suitable to handle additional people within the
community. He stated the area should remain as CPD (Commercial Planned Development).
Councilmember Hunter pointed out several things that were discused not germane to the discussion of whether the
comprehensive Land Guide designation should be changed. Among those items, Mr. Hunter listed the history of Duckwood
Estates, the history of the zoning, and the issue of who built the parks as not germane to the change in the Comprehensive Land
Guide designation. He said the bottom line question in all of the discussion is what the appropriate use of the land is presently
and in the future.
Mr. Hunter then went on to discuss the pros and cons of the rezoning. He cited two reasons to approve the rezoning 1) the
City's Commercial Land Use Study says that too much commercial space exists in Eagan, 2)the conditions of the LB designation
have changed significantly in terms of legal, regulatory and market conditions. Councilmember Hunter expressed several reasons
against the rezoning: 1) too much pressure on O'Leary Park, 3) LB is more compatible to single-family to the south than D-3,
since it is more of a 9-5 operation in nature, 2) spot zoning concerns, 4) that the City Council should conserve the commercial
use for inside the ring road perimeter, and since the area in question is certainly within the ring road perimeter the land use
designation should not be changed, and 5) as the Advisory Planning Commission pointed out, the Council should not change the
Comprehensive Guide Plan lightly and the applicant should show why Limited Business in this area is not appropriate. Mr.
Hunter then stated the over riding reason the current zoning is not appropriate deals with short-term market conditions, and the
City Council's decisions are based on more long range views.
Councilmember Awada stated she agreed with everything Mr. Hunter said, and offered one more reason against the rezoning
which was that the City Council recently approved a movie theater right up the street which will have large volumes of traffic in
the evening.
Mayor Egan stated he appreciated the comments from both Mr. Klein and Mr. Colon. He complimented Mr. Hunter on
identifying a number of objective factors in this analysis. Mayor Egan expanded on Councilmember Hunter's statement that the
Council should not change the Comprehensive Land Use Plan indiscriminately, by explaining that two legal criteria should be
applied to the change in any Comprehensive Land Use Guide Plan. One, he explained, was that the original designation was
designated mistakenly, or two, that there has been a substantial change in circumstances since the initial designation. In this case,
Mayor Egan expressed he did not feel that the designation was indiscriminately or incorrectly designated in the first place, and
ne Council has heard that there has been a change in the market circumstances. He further expressed his desire to have the land
in question open for commercial development in the future. He addressed the issue of the City of Eagan's comprehensive high
density rezoning process approximately 5 years ago, and stated it would seem contradictory and inconsistent to now reverse that
policy and position by rezoning land. Mayor Egan suggested denying the request for the rezoning.
PAGE 17/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
Masin moved, Awada seconded, a motion to deny a Comprehensive Guide Plan Amendment changing the land use category
of approximately 9.52 acres from CPD (Commercial Planned Development) to D-III Mixed Residential located south of Town
Centre Drive and east of Yankee Place in the NE Quarter of Section 15. Aye: 5 Nay: 0
The City Attorney was directed by City Council to prepare findings on the denial of the Comprehensive Guide Plan
Amendment.
ORDINANCE AMENDMENT
Mayor Egan introduced this item as Ordinance Amendment, Section 13.20 (Building Permits prior to Public and Private
Services) and Section 1330 (Required Improvements - Public Design and Installation of Infrastructure).
City Administrator Hedges made introductory comments, noting that approximately six years ago the Council provided a
choice to developers whether to have public infrastructure facilities privately or publicly installed.
Mark Parranto, 4537 Lake Park Drive, office at 3902 Cedarvale Drive, expressed he supported the option for individual
landowners and developers to install their own utilities provided they meet City codes. He stated he felt that if the City takes over
installation of public infrastructure there would be no control by anybody over the design of the utilities. He added that the
outside consulting engineer will presumably over build, since they are paid a percentage of construction costs. Oppositely, Mr.
Parranto said, most engineers working for private developers are paid on a per hour or guaranteed maximum fee. He questioned
why anyone would turn over total control, which is what he feels the City consulting engineers would have, to a party that has
absolutely no interest in whether the job gets done.
Mr. Parranto then cited examples supporting private installation of public infrastructure. He stated he had done public
infrastructure installation and it took two years to get a two-block street built. When he had installed them privately with the
City's Consulting Engineer designing the plan, the infrastructure was built in the same time period that was required for bidding
under a public project.
He then questioned who would ensure that errors would be fixed and ensure that the responsible party pays the bill. Mr.
Parranto reviewed the Delta case and related findings. He then proceeded to go through City record plans showing violations
of City ordinances where the City had designed and installed public infrastructure.
Mr. Parranto then remarked that he was not aware of the City workshops on this issue, and was not sure what developers,
if any, were aware of the meetings either. He expressed his concern that the City Council was not receiving a balanced viewpoint
in the workshop meetings. He felt that requesting a meeting of developers and the City Council would bring more viewpoints
on the issues and would alleviate the developers antagonizing staff and perceived repercussions for future development issues.
Mayor Egan stated he did want to be fair in providing all sides with an opportunity to discuss the issues and is no great rush
to decide on this issue. He added that he encouraged information six years ago when the City decided to go public and private.
He reiterated that he was encouraging information again today.
Councilmember Hunter stated the Council should not change far reaching ordinances like this lightly or in a rushed fashion.
He said he believed there are probably horror stories with the City, engineering firms, and developers alike. Mr. Hunter
reiterated the basic problem is what the right way to proceed is with installation of public infrastructure which minimizes the
horror stories.
Councilmember Hunter discussed what Mr. Parranto presented to the Council, and disagreed with Mr. Parranto's conclusion
that the City would have no interest in getting the job done in a timely fashion. Mr. Hunter responded that the case Mr. Parranto
brought up regarding over building by engineers paid on a fee was a real concern for the City. Councilmember Hunter pointed
out the City would still retain the final word in control as it holds now. Responding to Mr. Parranto's comments that the City
is having a knee jerk reaction to losing a case, Mr. Hunter replied it was not. Councilmember Hunter stated he would like to
see more input from developers, and that he would like to see the personalities removed from discussion, and instead get the
issues on the table so a workable agreement can be reached. Mr. Hunter then stated that the odds are that the City will proceed
nth this or a modified version of the draft.
Councilmember Wachter added that he would like to know how many cities have a mix of public and private installation
of utilities, like the City of Eagan currently has. Councilmember Masin expressed she was willing to continue the item, that she
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MAY 3, 1994
does support public installation of public infrastructure, but stated the City still needs accountability in the process.
.ouncilmember Awada stated she still needs to be convinced of what the best possible system is.
Mayor Egan described Council consensus to continue the item indefinitely with the understanding that this item would be
placed on a workshop agenda to allow the opportunity for a number of developers and engineering firm to be present and to
present the developers' point of view. Councilmember Hunter suggested having the developing committee and city staff meeting
with a disinterested third party facilitator in order to get the issues on the table. Councilmember Wachter and Mayor Egan
announced their support of the third party facilitator.
Mark Parranto stated he felt that developers would be more willing to express their viewpoints to City Councilmembers. City
Administrator Hedges requested that Mr. Parranto be a contact for assisting staff in coordinating meeting notices to developers.
Councilmember Hunter reiterated that the City Council requested this item, and that the Council iniates the agenda.
Hunter moved, Wachter seconded, a motion to continue the Ordinance amendment to Chapter 13 (Subdivision Regulations)
and City policy pertaining to the public design and installation of all infrastructure facilities, to allow a review by the development
community. Aye: 5 Nay. 0
CONSIDER APPLICATION/LOW INCOME HOUSING TAX CREDIT
EAGAN FAMILY HOUSING LIMITED PARTNERSHIP
Mayor Egan introduced this item, stating the Dakota County Housing & Redevelopment Authority has notified the City of
Eagan that it has received an application for low income housing tax credits by Eagan Family Housing Limited Partnership.
Director of Community Development Reichert explained the location, background and application request. She added that
this is a program whereby private companies can invest in low income housing and receive tax credits. In this case, she stated,
the owner of the projects would be the Eagan Family Housing Limited Partnership, which would be facilitated by the Dakota
;ounty HRA. The proposal has been presented very early in the process in order to procure tax credits. She further explained
this housing is for the working poor, at least 90% would be employed and not on AFDC. She added that almost all criteria is
met with this project except for mixed housing, since this project will not be able to be mixed housing with a scale of only 33 units.
Council discussion regarding location followed. The Mayor recalled that the neighbors have resoundingly stated that the
northeasterly boundary of Section 9 has more subsidized housing than any other section in Eagan and would most likely oppose
this housing development.
Councilmember Awada expressed that she supports this type of subsidized housing and that she was willing to encourage a
project of this smaller density be built in a different location. Council discussion related to the additional pressure the
development may bring onto existing school and parks in the area.
Councilmember Wachter reiterated that the Council does support this type of housing, but that they would prefer another
location in Eagan.
Regarding the allocation of low income housing tax credits for the development of a 33-unit townhomes project by the Eagan
Family Housing Development Partnership to be located at the southwest corner of Pilot Knob Road and Lone Oak Road near
Pilot Knob Elementary school, Council offered to work with the HRA to locate a new site for the project.
APROMMNAMPA
PINES EDGES ADDITION/SHAMROCK DEVELOPMENT CO.
Mayor Egan introduced this item as Pines Edge Addition/Shamrock Development Company for a Rezoning of 25.24 Acres
from A (Agricultural) to R-1 (Single Family) and a Preliminary Plat consisting of 54 Single Family Lots and One Outlot on 25.24
res South of Weston Hills Drive.
City Administrator Hedges noted this item was not on the published agenda last week, but was heard at the Advisory Planning
Commission Public Hearing on April 26, 1994. He added there was a strong desire expressed to have this placed on the agenda
and staff wanted to accommodate the applicant's request.
C . 3
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MAY 3, 1994
Director of Community Development Reichert explained the location, current zoning and rezoning request further. She added
that there have been two main issues with the request; 1) access to the area from Trunk Highway #3, and 2) how to coordinate
it with a potential new school, and most of these issues have been resolved. She noted the configuration of park land will be
worked out among staff and the developer. A significant issue for the Council to consider, Ms. Reichert pointed out, was who
would pay for the road that would be a condition of development.
Jim Stanton, Shamrock Development, described how he had purchased another farm and that the closing date has approached.
He stated he would like to see the private easement removed from plans, and that he feels it is highly unusual that an assessment
would be spread out for a traffic signal. Mr. Stanton stated that if the sale of his property does not go through, the City may have
to search for a second access to the school district.
Mayor Egan asked if there was any way to escrow payment of the assessments at the time of installation. Mr. Stanton
responded that he had no problem with taking the estimates and escrowing 110% and then the developer would receive a refund
when the actual assessment occurs. Mr. Stanton noted that it did not solve the problem that he was uncomfortable with; the
benefit factor to residnets 3/8 mile away.
Following discussion on how far the assessment could be spread, whether the benefits would be spread to a large a number
of neighbors with a road that is noncontiguous.
Gene Finch expressed his concern that this item was discussed on the Administrative Agenda, stating that he felt it was unfair.
He added that the threat of condemnation was unfair. Mayor Egan responded that he believed the developer wanted the Council
to agree in principle on a hypothetical assumption as to where the road would go, and those were details the developer would
have to work out with Mr. Finch. Mayor Egan added that Mr. Finch had plenty of time to work with the developer and that Mr.
Finch would certainly be among the decision makers in the road alignment process.
Councilmember Wachter noted that the City Council is trying to provide the safest access to the school location. He
expressed his disappointment over the development presented, since he still believes the developers are very wrong not putting
heir road access out to Highway #3.
George Thibault, 3440 Golfview Drive, expressed his concern with railroad tracks located less than 100 feet from the highway.
Mayor Egan noted that the City had taken the issue into consideration. Director of Public Works Colbert provided an update
on discussion with the Minnesota Department of Transportation, noting that MnDot would like to see the intersection in question
signalled.
Betty Allen, 4788 South Robert Trail, questioned how the City could vacate an area that belongs to another township.
Director of Community Development Reichert responded that Ms. Allen would still have her easement across her property. Ms.
Allen stated this proposal was more acceptable that the first one she viewed.
Councilmember Wachter expressed that he did not have a problem rezoning the property, but was not comfortable with
locating where the road will be until more accurate information could be provided. Discussion by the Council continued on the
preliminary plat request, noting that according to Attorney Dougherty, if the road is not a necessary condition to the approval
of the final plat then it will more difficult to show benefit.
Councilmember Hunter expressed two issues: 1) when is the right time to do the alignment road, which is obviously during
the feasibility study, not now-, and 2) what level of comfort does the Council need to approve this preliminary plat. He stated that
he would need to view the feasibility report before locating a road prior to final plat approval. Council consensus was for
approving preliminary plat.
Awada moved, Wachter seconded a motion to approve the rezoning of 25.24 acres form A (Agricultural) to R-1 (Single
Family) consisting of 54 single family lots and one outlot on 25.24 acres south of Weston Hills Drive referred to as the Pines Edge
Addition. Aye: 5 Nay: 0
Awada moved, Hunter seconded a motion to approve a preliminary plat consisting of 54 single family lots and one outlot on
25.24 acres south of Weston Hills Drive referred to as the Pines Edge Addition, subject to 9 of the 11 Advisory Planning
Commission recommendations:
1. These standard conditions of plat approval as adopted by Council action on February 3, 1994 shall be complied
PAGE 20/ EAGAN CITY COUNCIL MINUTES
MAY 3, 1994
with:
Al, B1, B2, B3, B4, C1, C2, C3, D1, El, F1, G1, and H1.
2. The proposed houses along the wetlands shall provide a 3 foot freeboard from the high water level to the lowest
entry level of each house.
3. The developer shall locate and abandon all septic systems and wells according to County and City requirements.
4. The proposed storm sewer grading for Block 7 needs to be revised to provide sufficient elevation for gravity sewer
service.
5. The proposed storm sewer layout shall include a storm sewer line on Sycamore Drive to the intersection of Red
Lane to collect the storm water runoff at that intersection.
6. The private street on Outlot A shall be constructed to a width of 20 feet wide and shall include a turn around at
the end of the private street as per Eagan Detail Plate #590.
7. If public access for lots 3 and 8 of Block 1 is to be provided to the private street on Outlot A, then the private
street shall include concrete curb and gutter.
8. The deyeiepef shag be mspeasWe far- iefmiaetiag the pAyme eeeess easement aer-ess !he north pr-epafty fiae.
10. The development shall provide a water quality treatment pond with a surface area of 0.4 acres at the NWL and
an average depth of 4 feet.
11. Prior to final plat approval the City Council shall order the City Project #673 for the construction of a second
access.
Aye: 5 Nay: 0
Mayor Egan noted that this approval was only for the rezoning and the preliminary plat, and would require additional work
to develop.
CONTRACT 94-03, EXTEND BID OPENING DATE (BLACKHAWK ROAD - STREET & TRAIL IMPROVEMENTS)
Mayor Egan introduced Contract 94-03, Extend Bid Opening Date Blackhawk Road - Street and Trail Improvements).
Hunter moved, Wachter seconded, a motion to approve the extended bid opening date for Contract 94-03 (Blackhawk
Road-Street and Trail Improvements) to 10:30 a.m., May 13, 1994. Aye: 5 Nay: 0
CONTRACT 94-0S, EXTEND BID OPENING DATE (DODD ROAD - STREET AND TRIAL IMPROVEMENTS)
Mayor Egan introduced this item as Contract 94-05, Extend Bid Opening Date (Dodd Road - Street and Trail Improvements).
Hunter moved, Wachter seconded, a motion to approve the extended bid opening date for Contract 94-05 (Dodd Road -
Street & Trail Improvements) to 10:30 a.m., May 26, 1994. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT, RECEIVE PETITION/ORDER PUBLIC HEARING (LOT 1, BLOCK 1,
UNITED STATIONERS ADDITION)
Mayor Egan introduced this item as Vacation of Drainage & Utility Easement, Receive Petition/Order Public Hearing (Lot
PAGE 21/ EAGAN CITY COUNCIL MINUTES (W'1 :
MAY 3, 1994
1, Block 1, United Stationers Addition).
Hunter moved, Egan seconded a motion to vacate drainage and utility easements (Lot 1, Block 1, United Stationers Addition)
and schedule a public hearing to be held on June 7, 1994. Aye: 5 Nay: 0
VACATE PORTION OF PUBIC RIGHT-OF-WAY, RECEIVE PETITION/ORDER PUBLIC HEARING (OLD SIBLEY
MEMORIAL HIGHWAY - WEST OF CEDAR FREEWAY)
Mayor Egan introduced this item as Vacate Portion of Public Right-of-Way, Receive Petition/Order Public Hearing (Old
Sibley Memorial Highway-West of Cedar Freeway).
Hunter moved, Wachter seconded a motion to approve the receiving of the petition to vacate a portion of public right-of-way
(old Sibley Memorial Highway-west of Cedar Freeway) and schedule a public hearing to be held on June 7, 1994. Aye: 5 Nay.
0
City Administrator stated that on the front page of the City newsletter there are various title names and that staff is seeking
input from the Council and the public on what name they would prefer for the City newsletter. He added that Orvilla Homes
on Wescott Hills Drive will be vacated by March of 1995, due to the decentralization of the residents to different homes within
the County. He added that the building will be on We.
Councilmember Wachter expressed his preference of Lone Oak for the City newsletter. He complimented Fire Chief Nelson's
newsletter as well.
Mayor Egan congratulated Tom Colbert for being awarded the state chapter of the American Public Works Association's
°ublic Works Director of the Year in Minnesota, and Tom Struve, for his award of merit as the Public Works Employee of the
Year.
Councilmember Masin provided an update on the last 191 Community Education Compliance Meeting.
Councilmember Hunter stated he attended a meeting with Superintendent of District 196, John Harrow and Chairman of the
Board. He updated the Council on various issues, noting that the previous school board had a curfew of 10:30 p.m. that required
a unanimous vote of the board to continue after 10:30 p.m.
HW
MOW
Wachter moved, Egan seconded, a motion to approve the checklist dated April 28, 1994, in the amount of $1,230,862.44. Aye:
5 Nay- 0.
The regular meeting of the Eagan City Council was adjourned at approximately 11:30 p.m.
Overbeke
City k
The City of Eagan is committed to the policy that all persons have equal access to its
programs, services, activities, facilities and employment without regard to race, color,
creed, religion, national origin, sex, disability, age, marital status, sexual orientation,
it status with regard to public assistance. Auxiliary aids for persons with disabilities
will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours
is received, the City of Eagan will attempt to provide such aid.