04/09/1985 - City Council Special
1
MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
April 9, 1985
A special meeting of the Eagan City Council was held on Tuesday, April 9,
1985, at 7:00 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
Councilmembers Smith, Wachter, Egan and Thomas. Also present were Bob
Worthington and Mark Anderson of Opus Corporation, Tom Davis of Northwestern
Mutual Life Insurance Company, Bob Silverman, attorney, Eagan Park Director
Ken Vraa, City Administrator Tom Hedges and City Attorney Paul Hauge.
EAGANDALE CENTER INDUSTRIAL PARK CITY PARK DEDICATION
City Administrator Tom Hedges backgrounded the City Councilmembers and
those present regarding the status of park dedication requirements in the
Eagandale Center Industrial Park area. It was noted that the Eagan City
Council at a regular meeting on January 17, 1984, determined a method to
provide for park dedication for future development at Eagandale Center
Industrial Park. The park dedication policy dated February 10, 1983, was also
discussed and in addition two recent plats that have been processed by Opus
Corporation and Northwestern Mutual Life Insurance Company east of Pilot Knob
Road.
Bob Silverman, on behalf of Northwestern Mutual Life Insurance Company,
gave a fairly detailed presentation on behalf of his client indicating that
within the Eagandale Center Industrial Park area 700 acres are undeveloped
with 480 acres platted and about 215 acres unplatted.
The park dedication issue arises under three circumstances:
1. Unplatted areas;
2. Replatted parcels;
3. The building permit stage, for parcels already platted.
He also indicated that the amount of potential park fees required yet to
be paid for the 700 acres is slightly less than $1,000,000, which includes
about $650,000 for land already platted and $87,000 agreed upon under the
Eagandale Office Park plat Development Agreement. He agreed that Northwestern
Mutual has donated right-of-way for Lexington Avenue, a fire station site, and
also has permitted the City to use pond areas for the storage of storm water
without compensation. He also indicated that his client has been a heavy
contributor toward real estate taxes since 1968.
1
Special Council Minutes
April 9, 1985
Elk
His position legally was that there must be some platting activity and
also cited Collis v. City of Bloomington stating that the Supreme Court there
indicated that the park needs of the parcels to be platted is the basis for
determining park dedication requirements. In August of 1983, at the time of
the Eagandale Office Park plat relocation, $87,000 was agreed to be paid under
protest which amount is included in the $1,000,000 potential fee.
In February, 1985, the Eagandale Center Industrial Park Seventh Addition
east of Burnside Avenue was replatted and a reservation of park dedication
rights was also included in"the Development Agreement.
In March of 1985 the Eagandale Office Park replat was approved by the City
Council located north of Avalon Avenue consisting of a realignment, but it was
noted that there was rezoning to Planned Development on land formerly zoned R
& D. The City has required a park dedication for the parcels within that
plat.
The specific requests of Northwestern Mutual include the following:
1. That the Council reconsider its action of March 16, 1985, concerning
Eagandale Office Park open space and park dedication requirements.
2. That the Council review each individual plat and determine what
additional park needs are being generated from that plat.
3. That there be a general resolution of all the park dedication
requirements for all existing platted property.
There was discussion concerning a test case to determine the legal right
of the City to exact park dedication fees within property already platted and
it was noted that the park requirements exist on undeveloped parcels whether
the property has been platted or not.
It was also noted that the City will require some ponding area, that there
may be some requirements for active play areas and further the land on the
east side of LeMay Lake may be available for contribution to the City.
Councilmember Smith indicated that large industrial commercial users
perhaps use parks to a greater extent than smaller industrial commercial
users.
Park Director Ken Vraa presented several proposed areas for designation
for park land including the following: LeMay Lake area, 3.13 acres; the
northeast corner of Lone Oak Road and I-35E, 9.9 acres; the northeast corner
of Yankee Doodle Road and I-35E, 5.0 acres.
Councilmember Thomas suggested that the commercial and industrial park
dedication policy be amended to provide that in relation to land that is
already platted or being replatted that one-half of the standard industrial
commercial rate park dedication requirement, including land or fee, be
conveyed to the City. Mayor Blomquist indicated that she would not decide on
the basis of the Eagandale Center only and that it would be an inportant
precedent for the balance of the commercial/industrial platted land in the
2
Special Council Minutes
April 9, 1985
-City. Questions were raised as to the amount of the commercial/industrial
land that remains ueplatted in the City and also how to treat other developers
who have already made their contributions.
The Opus and Northwestern Mutual representatives present indicated that
they would agree with the provision for one-half payment of fee or land. They
suggested that only the Eagandale area be involved within the compromise
provision, noting that a disputed issue exists, that much of the land has been
platted for many years and the developers have contributed a great deal to the
City. Councilmember Egan requested information regarding the impact upon the
City itself. Councilmember Wachter stated that he would not agree with the
50% rate.
Smith moved, Egan seconded the motion to request the staff to submit a
report to the Council regarding existing platted land and proposed replatted
land and the impact of commercial and industrial park contribution of one-half
the current required rate and further at 75% of the current rate with review
of the issue at a City Council meeting at the soonest possible time. Mayor
Blomquist was concerned about land being rezoned and whether the City could
require a park contribution in such instances for commercial/industrial
property. Also it was noted that it was important not to confuse the storm
sewer pond issue with the park issue. All members voted in favor.
SELECTION OF ARCHITECT/PUBLIC WORKS GARAGE ADDITION
The City Administrator reported that operating capital was budgeted for
1985 to complete an addition to the public works garage. He reported that
during 1984, an estimate was prepared in the amount of $500,000-$600,000 for
the proposed garage addition. The City Administrator stated that he has
reviewed the matter of proceeding with the selection of an architect and
construction of the Public Works garage addition with the Director of Parks
and Recreation. It is their conclusion that the City proceed with the request
for proposal for architectural services and once an architect is selected, the
City proceed with design options for the garage facility. City Councilmember
Smith asked if Jack Boarman and Associates would be available to perform
architectural services for the public works garage addition realizing the
excellent services his firm provided in the completion of the Municipal Center
Building and remodelling of the old city hall for fire administration. The
City Administrator stated that it is possible to negotiate a fee with Jack
Boarman and Associates and if the fee is comparable to services that were paid
by other communities for public works facilities, the City could avoid the
request for proposal process and continue its proven relationship with Jack
Boarman and Associates as the City's architect for this project. After
further discussion on the matter and in a motion by Mayor Blomquist, seconded
by City Councilmember Egan, with all members voting in favor, the City
Administrator was directed to contact Jack Boarman and Associates and
negotiate architectural fees for the expansion of the existing public works
garage and report back to the City Council at the May 7 meeting with a
recomendation.
3
Special Council Minutes
April 9, 1985
PROPOSED TANKER TRUNK/PARKS & RECREATION DEPARTMENT
City Administrator Hedges stated that as a part of the 1985 budget
preparation, a flusher truck (tanker) was proposed in the amount of $50,000 by
the Parks & Recreation Department primarily for winter rink maintenance and
tree department use. He further stated that after deliberation on the matter,
the capital request was reduced to $25,000, and the Director of Parks &
Recreation was asked to review his specifications and determine whether a
tanker trunk could be scaled down and purchased for that amount. Director of
Parks & Recreation Vraa was present and stated that after his review, it
appears that a $50,000 expenditure will be needed to secure the type of
equipment that is most desirable for the department. He explained in detail
the type of equipment that is necessary in providing the ongoing rink
maintenance and regarding the preliminary cost estimate, it appears a tank is
estimated at $18,000-$20,000 while the cost of a 35,000 gross vehicle weight
tandem truck with various vehicle options is $32,000-$35,000. After reviewing
the request, the City Council concurred that during the budget deliberations,
it was also concluded that the Director of Parks & Recreation fully
investigate options that were available for the purchase of a new tanker.
Since the study has been completed and it appears a $50,000 expenditure will
be required, Mayor Blomquist suggested action on the matter. In a motion by
City Councilmember Smith, seconded by Councilmember Egan, with all members
voting in favor, a flusher truck (tanker) was authorized for the Parks &
Recreation Department with the understanding that $25,000 would be allocated
during 1985 and an additional $25,000 to be budgeted and allocated during
1986. The City Administrator stated that the equipment will be ordered in the
spring of 1985 and delivery will not occur until late 1985. This allows the
payments to be made during 1985/1986 as authorized in the aforementioned
motion.
ELEMENTARY SCHOOL ACQUISITION/IDS 196
Director of Parks & Recreation Vraa reported that IDS 196 is negotiating
with Ken Gangle, of Dakota Central Limited Reality, to purchase the 35-acre
parcel of the estate of H.E. Mueller which is located on Wescott Road east of
Lexington Avenue for a new elementary school site. He stated that the Mueller
parcel has also been selected as a future park site by the Parks & Recreation
Commission and would like City Council concurrence to proceed with
negotiations for a 10-12 acre park site on the Mueller parcel adjacent to
whatever property is required by the school district for an elementary school.
After discussion on the matter and in a motion by City Councilmember Wachter,
sceonded by Mayor Blomquist, with all members voting in favor, the Director of
Parks & Recreation was directed to negotiate with Mr. Ken Gangle of Dakota
Central Limited Reality for the acquisition of a 10-12 acre park site which is
referenced as a part of the 35-acre parcel of the estate of H.E. Mueller.
4
Special Council Minutes
April 9, 1985
PERSONNEL
There were personnel items reviewed by the City Administrator with no
action taken by the Council.
ADJOURNMENT
Upon motion duly made and seconded, the meeting was adjourned.
PHH
TLH
City Jerk
April 9. 1985
Dated
S