10/15/1996 - City Council Regular Q .740 S
• MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 15, 1996
A regular meeting of the Eagan City Council was held on Tuesday, October 15, 1996 at 6:30 p.m.
at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin
and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of
Public Works Tom Colbert, and City Attorney Jim Sheldon.
Members of Boy Scout Troop 171 led the Pledge of Allegiance.
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Councilmember Wachter moved, Councilmember Masin seconded a motion to adopt the agenda
as presented. Aye: 5■ N/,ays: 0
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Councilmember Masin requested on page 16, under Round Table, the sentence, City
Councilmembers Hunter and Masin distributed campaign literature, should be eliminated. The literature
was distributed after the official meeting had been adjourned.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
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Councilmember Masin requested on page 2, at the end of the fifth paragraph, the following
sentence should be added, 'Because of extraordinary events such as the Fourth of July Fireworks,
Councilmembers concurred that the hours for temporary events and seasonal outdoor sales should be from
7:00 a.m. to 1:00 a.m. as allowed in the existing Zoning Ordinance."
Councilmember Hunter moved, Councilmember Masin seconded a motion to approve the minutes
as amended. Aye: 4 Nay: 0 (Councilmember Awada abstained)
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Gary Santoorjian, representing Dart Transit, addressed the Council and stated he was concerned
about how far along the City has come in their plans to implement a land use policy that would greatly
impact the trucking industry without the industries' involvement. He added they have not been asked to
be involved in the Advisory Planning Commission (APC)workshops. He referenced minutes where Mayor
Egan and Councilmember Masin stated it would be helpful to involve the industry as much as possible in
discussions relating to trucking and he also referenced minutes from an APC meeting where Commissioner
Heyl stated she was in favor of receiving comments from the trucking industry. He further added they have
not had any input in the process. He requested that Dart and the trucking industry be notified and included
in the process, i.e., workshops as well as public hearings. He also requested the item be removed from
the October 22 APC agenda. He said Dart has not received a notice as of yet regarding the October 22
hearing.
• Mayor Egan stated the intent was to have the trucking industry involved to the fullest extent. City
Administrator Hedges said that the APC felt they should work on a preliminary policy in order to have
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EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
110 PAGE 2
something to send to the trucking industry and give them the opportunity to react. He further said that the
preliminary draft was sent, along with the public hearing notice, to about 400 different industries last Friday.
He stated that Jack Hoeschler, legal counsel for Dart Transit, had contacted the City today and stated he
had received the notice. He went on to say the purpose of the public hearing is to bring the industry in to
respond to the policy. He added that a copy of the notice was also sent to the Minnesota Trucking
Association.
Councilmember Hunter stated that usually when there are land use decisions to be made there is
one public hearing and then it comes to the Council for action. He clarified that in this case it involves a
broad land use policy which would regulate an industry. He also said that the term public hearing is used
because they are inviting input from the public as opposed to the term workshop which implies more of a
discussion by a group, i.e., the Commission or the Council. He stated that the intent of the public hearing
is to provide an opportunity for dialogue. Mr. Santoorjian said that at some point he would like to see the
trucking industry involved before the policies are drafted. He further said he understood the importance
of having something drafted to present, but he said it is even more important from their point of view to
have some input into the drafting of the documents and also at workshops. Councilmember Awada stated
that it was her understanding that they would be involved in the drafting of the policy too.
Mr. Santoorjian asked if it would be possible to have the item removed from the October 22 APC
agenda. Mayor Egan stated that the APC has control over whether they choose to hold the public hearing,
and he said the notice had already been published. Hedges said that the reason 400 to 500 notices were
sent out is because the affects of an ordinance like this impacts many companies and industries and the
purpose for the hearing was to allow individuals the opportunity to respond to the proposed policy. He
• added if the Council wanted to cancel the public hearing scheduled for October 22, it would be necessary
to renotice everyone. Councilmember Hunter stated he did not feel the item should be removed from the
public hearing, but instead the APC should be given specific direction that they are not to take action on
this item that night and that this will be the first of subsequent public hearings. Hedges responded that
there might be an interest in having a smaller group meet in a round table approach. Councilmember
Wachter added that the intent of the public hearing was to get input from everyone. Mayor Egan further
added that the public hearing could be used as a forum to receive dialogue which may lead to subsequent
workshops where members of the industry can have an opportunity to participate.
Bea Blomquist addressed the Council and referenced information sent out in the October 4
Informative Memo regarding a draft amendment to 473.858,Comprehensive Plans Local Government Units.
She stated this draft amendment contains the same language that Tim Pawlenty formulated and supported.
She further stated that she is excited about the headway that is being made, but added there is a lot of
work to be done yet. She asked if the Council was happy with what had been drafted. Mayor Egan agreed
that the draft is consistent with the legislative policy that the AMM adopted last week.
Ms. Blomquist added that there is an APC member who is not in agreement with the draft
amendment and who works for the Metropolitan Council and is going to other cities suggesting they do
what the City did in regard to McKee. She further added that he should not be using the City as an
example. Councilmember Hunter said that what that APC member does on his own free time and as part
of his profession has nothing to do with his role on the Commission. He further said that he has talked with
the member and thinks at APC meetings he is real clear in keeping his roles separate.
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EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 3
RECEIVE NATIONAL AWARD FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (WATER QUALITY MANAGEMENT PLAN)
City Administrator Hedges provided background information regarding the award. He gave credit
to the City Council, Director of Public Works Colbert and Water Resources Coordinator Rich Brasch. Mr.
Brasch addressed the Council and said it was an honor to inform the Council that the City had received
the 1996 first place award for an outstanding Storm Water Management Control Program from the United
States Environmental Protection Agency. He acknowledged the current and past City Councils for getting
ahead of the issue and providing the resources to make the necessary improvements. He introduced
representatives of the Minnesota Pollution Control Agency, Gene Soderbeck and Dan Sullivan, who
nominated the City for consideration of the national award.
Gene Soderbeck said that the City has a lot of reason to be proud to receive this national honor.
He commended the City and also Rich Brasch.
Dan Sullivan added that what makes Eagan different from other communities is the amount of
wetlands, lakes, open spaces, green areas, parks and other resources the City is trying to protect. He
further added that he was happy to have prepared the nomination of Eagan for this award.
Mr. Soderbeck and Mr. Sullivan presented the national award to the Mayor.
Councilmember Masin suggested holding a reception or City celebration and inviting all the
individuals who made the award possible. Mayor Egan read the plaque that was presented to the Council
and also a letter that was sent by Governor Carlson commending the City on receiving the award. He
commended Rich Brasch for all his hard work and vision.
PLAYGROUND STREET SIGN MODIFICATION -SLOW CHILDREN AT PLAY
City Administrator Hedges gave an overview on this item. Councilmember Wachter asked if the
shape of the proposed sign was to be triangular. Director of Public Works Colbert stated the existing
playground sign is triangular shaped and the proposed sign will be added to the bottom. He requested that
the word "Slow" be put on top and not read, "Slow Children at Play". Councilmember Hunter clarified that
the sign will just say "Slow". Councilmember Hunter said this is a small price to pay to help slow down
traffic around children near playgrounds. Hedges asked for clarification on the size of sign that the Council
was approving. Councilmember Hunter said he wanted the signs installed with a total cost of$600, which
would be the smaller sign.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the
installation of a cautionary 8" x 30" "SLOW' sign to all current and future playground identification signs
and authorize an adjustment to the 1996 operational budget for Department #22 (Streets) to cover the
costs. Aye: 5 Nay: 0
REVIEW VIDEOTAPE/HOLZ FARM EVENT
A videotape of the Holz Farm Park event that was held on October 6 was shown. A narrative was
• given by City Administrator Hedges. Councilmember Masin said it was an exciting afternoon and she also
added that one of the Task Force volunteers was married at the farm this past summer and had met her
• EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 4
husband through the project for Holz Farm.
Councilmember Awada asked about the rezoning of Dodd Road and Cliff Road. She inquired if
this was scheduled for this agenda since some people may have been present in the audience to hear this
item. Mayor Egan asked, by a show of hands, if anyone was present. One person in the audience was
present and was told that the item would be discussed at the November 19 City Council meeting.
In regard to Item R, Change Order. Blackhawk Park shelter building,Councilmember Hunter asked
why there was $4,300 allocated in the change order for sod. He asked why the area was being sodded
and not seeded. Superintendent of Parks Paul Olson addressed the Council and said he was not involved
with that specific aspect of the project, but through discussions he had heard there was some concern
about erosion due to the slope of the land. City Administrator Hedges added that because of the heavy
use there it probably would not have endured seeding.
In regard to Item S,Approve.Winter Trail Maintenance Program&Policies,Councilmember Hunter
said that the Council needed to give direction to the City Attorney to prepare an ordinance requiring certain
property owners to remove snow from the trails adjacent to their property, which would affect a total of 1.7
miles of trails in the City. Councilmember Wachter noted that he would be abstaining from voting on items
•
S and Y. He said he was not totally opposed to these items, but rather that he was not fully convinced that
all the questions have been answered.
• A. Personnel Items
Item 1. It was recommended to approve the hiring of Mary Knutson as a Clerical Tech III in the Police
Department.
Item 2. It was recommended to approve the reclassification of the Administrative Assistant in the Police
Department from compensation level G exempt to compensation level H exempt.
B. Massage Therapist Licenses. Lucille Maghrak/Rafiei. Body Wellness Center. 2121 Cliff Drive add Anne
Brudzinski. Lifetime Fitness. 1565 Thomas Center Drive. It was recommended to approve massage
therapist licenses for Lucille Maghrak/Rafiei to practice at the Body Wellness Center at 2121 Cliff Drive and
Anne Brudzinski to practice at Lifetime Fitness, 1565 Thomas Center Drive.
C. Refuse Hauler Licenses. Total Sanitation Service. Inc. for commercial acid construction debris: Randy's
Sanitation. Quality Waste Control. Inc.. Haul-Tech Environmental LLC. Henningsen Construction Service,
Inc. and United Waste Systems of MN. Inc..dba UWS/Gallagher's to add construction debris to their current
hauler license, It was recommended to approve refuse hauler licenses for Total Sanitation Service
Incorporated for commercial and construction debris and for Randy's Sanitation, Quality Waste Control
Incorporated, Haul-Tech Environmental LLC, Henningsen Construction Service, Inc., and United Waste
Systems of MN, Inc., dba UWS/Gallagher's to add construction debris to their current hauler license.
D. Pet Shop License. Pet Food Warehouse at Town Center Drive. It was recommended to approve a pet
shop license for a Pet Food Warehouse, located in the Town Centre Shopping Center.
E. On Sale Liquor License.ARG Enterprises. Inc.. dba Stuart Anderson's Cattle Company Restaurant at
1299 Promenade Place. It was recommended to approve an on-sale liquor license for ARG Enterprises,
• Inc. dba Stuart Anderson's Cattle Company Restaurant at 1299 Promenade Place.
EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996 Ot,1373
PAGE 5
F. Resolution. Making technical amendments to Royal Oak Circle Multi-family Housing Revenue Bond. 96.91
It was recommended to approve the resolution making technical amendments to the Royal Oak Circle Multi-
family Housing Mortgage Revenue Bond.
G. Set Public Hearing. Final assessment of delinquent weed cutting, tree removal and false alarm bills.
It was recommended to set a public hearing for November 19, 1996 to consider the final assessment of
the delinquent weed cutting, tree removal and false alarm bills and certify them to Dakota County for
collection with property taxes.
H. Final Subdivision. D R Horton. Inc. for Gardenwood Ponds Second. It was recommended to approve 96.92
the final subdivision for Gardenwood Ponds 2nd Addition located south of Wescott Road, west of Bald
Lake, north of Northview Park Road in the NE corner of 23.
I. Final Subdivision. Craig H. Mattice for Town Centre 70 Nineteenth Addition. It was recommended to 96.93
approve a Final Subdivision (Town Center 70 Nineteenth Addition) consisting of one lot and one outlot on
8.7 acres of property located on the west side of Denmark Ave., north of Duckwood Drive in the NW 1/4
of Section 15.
J. Approve Contract. Renewal of street snow removal services. It was recommended to approve an
extension of the current contract for street snow removal services (1996-1997) and authorize the Mayor
and City Clerk to execute all related documents.
K. Resolution. Requesting MnDOT speed limit survey (Misc. Streets). It was recommended to approve 96.94
• a resolution requesting MnDOT to perform a speed limit survey/determination on several local streets.
L. Project 706. Receive final assessment roll/schedule public hearing (Wilderness Run Rd. - Overlay). It
was recommended to receive the final assessment roll for Project 706 (Wilderness Run Road - Overlay)
and schedule a public hearing to be held on November 19, 1996.
M. Project 701. Receive final assessment roll/schedule public hearing (South Hills Add. -Overlay). It was
recommended to receive the final assessment roll for Project 701 (S. Hills Addition-Overlay)and schedule
a public hearing to be held on November 19, 1996.
N. Contract 96-18, Acknowledge completion/authorize final payment (Wilderness Run Rd.), It was
recommended to approve the 2nd and final payment of$128,838.74 to McNamara Contracting, Inc., for
Contract 96-18 (Wilderness Run Road & S. Hills Addition - Mill & Overlay) and authorize acceptance for
perpetual City maintenance subject to contractual warranty provisions.
O. Contract 96-12. Approve change order#2(Northwoods Drive - Storm Sewer). It was recommended
to approve Change Order#2 to Contract 96-12(Northwoods Drive-Storm Sewer)and authorize the Mayor
and City Clerk to execute all related documents.
P. Recommendation. Economic Development Commission. activation of revolving loan fund and selection
of Loan Review Committee. It was recommended to approve activation of the City's revolving loan fund
and direct selection of a loan review committee under the terms of the RLF guidelines.
Q. Final Subdivision. (Fiala Addition) Thomas Fiala. It was recommended to approve a Final Subdivision 96.95
for the Fiala Addition located east of Pilot Knob Road and north of Deerwood Drive.
• R. Change Order. Blackhawk Park shelter building. It was recommended to approve Change Order#3
in the amount of$7,420.32 for Contract 96-09, Blackhawk Park Pavilion.
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• EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 6
S. Approve. Winter Trail Maintenance Program & Policies. It was recommended to adopt a limited winter
trail maintenance program and approve the related policies. (The City Attorney was directed to prepare
an ordinance requiring certain property owners to remove snow from the trails adjacent to their property.
The trails total 1.7 miles in the City. Councilmember Wachter abstained from voting on this item.)
T. Deny Vacation of Aldrin Drive (Eagandale Center Ind. Park). It was recommended to deny the
requested vacation of Aldrin Drive located within the Eagandale Center Industrial Park#4.
U. Contract 96-01. Award contract (Eagandale Corporate Center - Streets & Utilities). It was
recommended to award Contract 96-01 (Eagandale Corporate Center-Streets&Utilities)to the low bidder,
Erickson Construction Company, Inc., in the amount of 907,724.56 and authorize the Mayor and City Clerk
to execute all related documents.
V. Final Planned Development. Signal Bank. It was recommended to approve the Final Planned
development for Signal Bank located south of Yankee Doodle Road and east of Denmark Avenue on Lot
1, Block 1, Town Centre 100 Second Addition.
W. Final Subdivision. Eagandale Corporate Center. It was recommended to approve a Final Subdivision 96.96
for the Eagandale Corporate Center located east of Lexington Avenue and north of Yankee Doodle Road.
X. Extend. Gopher Resources Property Exchange Agreement. It was recommended to extend the property
exchange agreement between the City of Eagan and Gopher Resources to November 1, 1997.
• Y. Contract for sidewalk/trail snow removal services. It was recommended to approve the contract for
sidewalk/trail snow removal services for the 1996/97 season with the low bidder and authorize the Mayor
and City Council to execute all related documents. (Councilmember Wachter abstained from voting on this
item.)
Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the consent
agenda. Aye: 5 Nay: 0
PROJECT 655, FINAL ASSESSMENT HEARING
(NORTHRIDGE DRIVE -STREETS & UTILITIES)
Director of Public Works Colbert gave a brief staff report. Mayor Egan noted that the assessed
amount and the City financed portion was lower than the estimate in the feasibility report. Mayor Egan
opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan
turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the final assessment roll for Project 655 (Northridge Drive - Streets & Utilities) and
authorize its certification to Dakota County. Aye: 5 Nay: 0
PROJECT 691, FINAL ASSESSMENT HEARING
(CLEMSON DR. -STREETS & UTILITIES)
• City Administrator Hedges gave an overview on this item. He referenced a letter contained in the
Council packet addressed to him from the Dakota County HRA. He clarified that he did not make a
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EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996 °
• PAGE 7
decision for the Council as may be interpreted in the first paragraph of the letter. He said that a lot of work
went into determining the assessments in order to be fair. He further said that the HRA did agree that the
assessment was appropriate and fair.
Mayor Egan asked if anyone was present in the audience regarding this public hearing. Nathan
Marsden with the Dakota County HRA was present. Director of Public Works Colbert gave a brief staff
report. Mayor Egan opened the public hearing to anyone wishing to speak. Mr. Marsden stated that the
HRA supports the assessment. There being no one else wishing to speak, Mayor Egan turned the
discussion back to the Council. Councilmember Awada asked what arrangement was made with the HRA.
Hedges stated that there were approximately $50,000 of special assessments that were outstanding to
several parcels of property. He added that staff analyzed what the correct assessment should be for each
of the parcels in the area and that amount was presented to the HRA. He further added that the HRA was
agreeable to paying the total amount of the assessment for their parcel plus approximately $5,800 in
additional assessments. He noted that the there was approximately $50,000 to $60,000 in outstanding
assessments in regard to this project. He further noted that staff determined that about $5,800 would be
appropriate to the HRA. He said that initially the HRA was concerned that they might be liable for the
entire $50,000 of the extra assessments.
Councilmember Awada asked about the remaining 80% of the area to be assessed. Colbert
clarified the remaining area to be assessed. He stated that when Oakridge Elementary School was platted,
the School District purchased property from the Wilmus family who owned all of the property. He further
stated that as part of the development of the school there was a dedication of an outlot for park which
became a joint venture between the City of Eagan and the School District. He mentioned that there was
• an original agreement that stipulated a portion of the assessment obligation for the outlot/City property
would be assumed by the remaining undeveloped property of the Wilmus Addition. He said that after
reviewing the agreement, which was not as specific as it should have been, the decision he and the City
Administrator and Finance Director came to was that the intent of the agreement was not to burden the
HRA property with the entire obligation, but only its proportionate share. He further said that the other nine
lots are still remaining as a responsibility of the park land obligation to be examined with future
development of the remainder of the Wilmus undeveloped property. Hedges stated that the City's position
with the HRA was very firm.
Councilmember Hunter moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for Project 691 (Clemson Drive - Streets & Utilities) and
authorize its certification to Dakota County. Aye: 5 Nay: 0
PROJECT 686, FINAL ASSESSMENT HEARING
(WOODGATE LANE -STREET RECONSTRUCTION)
City Administrator Hedges gave a brief overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Yvonne Peters,
4352 Wood Duck Circle submitted a letter objecting to the assessment. It was noted that Joe Hamand,
4354 Wood Duck Circle, had previously submitted a written objection. There being no one else wishing
to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter commented on
the difference in the price of the water and sanitary sewer and the savings that were realized.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the final assessment roll for Project 686 (Woodgate Lane - Street Reconstruction &
Utility Services)and authorize its certification to Dakota County acknowledging two written objections. Aye:
• 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
• PAGE 8 00117Z
PROJECT 681, FINAL ASSESSMENT HEARING
(NICOLS RD. - STREET& STORM SEWER)
City Administrator Hedges gave a brief overview on this item. Director of Public Works Colbert
gave a staff report. He referenced a letter sent to Lester Spencer, 3786 Nicols Road, from Assistant City
Engineer Mike Foertsch addressing his concerns. Mayor Egan opened the public hearing to anyone
wishing to speak.
Mr. Spencer addressed the Council and stated he should get 75 feet of curb and gutter along
Nicols Road without being assessed because he recalled that being promised to him 15 years ago. He
also raised concerns about the rocks in the black dirt underneath the newly sodded area. He questioned
why he was charged $300 interest when he was willing to prepay the assessment. Colbert indicated the
charge was for construction interested that is calculated in the final assessment roll. Hedges further
clarified that the interest is charged for carrying the cost of the project.
Discussion continued regarding the 75 feet along Nicols Road that Mr. Spencer felt he should
receive a credit for. Colbert stated that Mr. Spencer owned the corner lot at Silverbell Road and Nicols
Road. He further stated that in 1982 when Silverbell Road was upgraded he was assessed for his frontage
along that road. He explained that the special assessment policy for corner lots states that when the
second side street is constructed there would be a 75 foot credit given for the assessment. He added that
it had been explained to Mr. Spencer that the City Council did not want to upgrade Nicols Road to the
urban section that would be associated with the 75 foot credit. He further added that without that
improvement of the curb and gutter section there would be no credit to be applied. He went on to say that
• Mr. Spencer submitted a written request and signed a waiver of objection to the assessment to have curb
and gutter installed on the east side of Nicols Road adjacent to his property. He noted that because his
request went beyond the scope of the project, he was responsible for 100% of the frontage of the
improvement. Further discussion occurred regarding the alignment of the road. Colbert asked Steve Gatlin
of MSA Consulting Engineers about the construction staking. Mr. Gatlin stated that they did perform a
detailed location survey to set property irons and establish the right-of-way. He added that the roadway
was previously not centered within the right-of-way and the design that was incorporated into the plans did
center the road on the right-of-way and so it appeared to be shifted more toward his property.
Councilmember Hunter said that in regard to the question of the 75 foot credit he recalled
recommending that there be a rural ditch at that location. He further said that Mr. Spencer had requested
the curb and gutter, signed a waiver and now he is objecting to the assessment. Councilmember Masin
asked about what was promised to Mr. Spencer in regard to the 75 foot credit. Councilmember Awada
answered that if the Council had ordered an urban section to be included as part of the project, then Mr.
Spencer would have received the 75 foot credit. Councilmember Wachter added that the road originally
was not put in the proper position. Mayor Egan noted that this is not uncommon in a community like Eagan
where there were some older methods of staking. Colbert discussed the alignment of the curbing.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the final assessment roll for Project 681 (Nicols Road-Street Reconstruction &Storm
Sewer) and authorize its certification to Dakota County. Aye: 5 Nay: 0
WAIVER OF SUBDIVISION, MARK& KAREN FJELD
City Administrator Hedges gave a brief overview on this item. Senior Planner Freese gave a staff
report. Mayor Egan opened the public hearing to anyone wishing to speak. Karen Fjeld, 3635 Wescott
• Hills Drive, addressed the Council and stated a staff member had suggested they seek a Waiver of
Subdivision first rather than go through the subdivision process. She added they preferred to try and seek
• EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 9
the waiver since it was the logical thing to do and that they were not trying to irritate staff. She discussed
the problems associated with seeking a waiver as outlined by staff in their report such as, the County being
unable to combine two parcels from two different subdivisions and the possibility that the property could
go tax forfeit. She said that the County could combine the parcels, but because it would interfere with their
current numbering system, they are not interested in doing that. She also said the Auditor-Treasurer's
Office had indicated to her that if the waiver is obtained, she would have two parcels and two property
identification numbers. She noted that the Auditor's Office has told her that even if she has two pins she
will still only have one tax statement and the value of the parcel would be included with the value of her
home. She suggested several options to ensure that the property would not go tax forfeit. She stated that
in discussions with the City Attorney's Office one option she suggested was to enter into a covenant placing
a lien against the lot with the home on it in favor of the payment of taxes on the smaller parcel. She further
stated that Mr. Dougherty of the City Attorney's Office did not think she could legally enter into an
agreement like that.
Mayor Egan asked if it would be less costly and more simple to plat this land vs. the alternatives
Mrs. Fjeld had suggested. Mrs. Fjeld answered that it made more sense to seek the waiver first and the
possibility exists that they may obtain land from their neighbors on the other side of their property and then
they would have to replat again. Councilmember Awada asked if the property owners on the other side
were in the same subdivision as the Fjelds and if so, they would not have to replat if they obtained more
property from their neighbors. Mrs. Fjeld stated that if they replat, they will be in a unique subdivision and
then will be in a different subdivision from the neighbors to the north.
City Attorney Sheldon stated there is a reasonable alternative to not grant the waiver and that
• would be to plat the property. He added the lot configuration is not one the City would approve in an
ordinary plat. He further added that the reason Mr. Dougherty stated a covenant to place a lien on the
main property would not be a legal agreement is because the City would most likely not be allowed to
enforce the lien. He said a similar situation would occur if the City tried to assess the property. He
explained that a separate piece of property would exist with no building on it and likely no benefit. He
further explained that is the reason why parcels are usually combined. He mentioned there is no past
practice that would support approving the waiver.
Councilmember Awada asked what the cost would be for the applicant to go through the
subdivision process compared to going through the waiver of subdivision process. Mrs. Fjeld stated that
she had discussed the issue with Mr. Dougherty of the City Attorney's office and he agreed with her that
the costs would be between $10,000 to $12,000 over what has already been spent. She added that the
financial hardship is not the main reason for applying for the waiver, but rather the particular hardship she
would face having to replat twice and also the situation is unique. Sheldon stated that he did not agree
that Mr. Dougherty had said it would cost an additional $10,000 to $12,000 to plat the piece of property.
Councilmember Awada asked about the City fees for each of the processes. Hedges estimated that it
would cost approximately $2,000 to go through the subdivision process. Mayor Egan asked about the
appropriateness of crediting any costs incurred for the waiver of subdivision against any subsequent
application for subdivision since the Fjelds knew the risk existed of being turned down for the waiver. Mrs.
Fjeld stated they are not asking for a credit of the expenses of this proceeding against any future expenses
they may incur.
Councilmember Awada asked for further clarification why the Fjelds are requesting a waiver. Mrs.
Fjeld stated it did not make sense to go through the subdivision process when it is not required under City
law and the waiver process is much more simple, cheaper and appropriate for future uncertain situations
that may arise. Councilmember Hunter said it was prudent for the City Council to look at the worse case
• scenario. He added that the next property owner may not agree to pay a special assessment and instead
let the City take the land which would create a problem. Mayor Egan stated he was uncomfortable with
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411 EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 10
combining two parcels when it involves two separate subdivisions, even if it technically can be done. He
added he was concerned about setting a precedent. Councilmember Wachter stated that a new property
owner would most likely want the property platted together. Mayor Egan noted that he was willing to give
the Fjelds credit for the fees they paid for the waiver if they reapply for a subdivision application.
Councilmember Hunter said that the decision to credit the fees did not need to be made now but rather at
the time the application for subdivision is submitted. Hedges suggested that a credit be applied toward the
escrow agreement if an application for subdivision is submitted.
Councilmember Awada moved, Councilmember Hunter seconded a motion to close the public
hearing and deny a Waiver of Subdivision to allow a lot line shift of the common lot line between Lot 2,
Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills 2nd Addition at 3635 Wescott Hills Drive
and 895 Sunrise Court, respectively located west of the Basswood Lane/Wescott Hills Drive intersection.
Mayor Egan reiterated that three members of the Council had agreed that if the Fjelds applied for
a subdivision application, they would be likely to receive a credit for at least a portion of the fees they paid
for the waiver of subdivision.
Aye: 5 Nay: 0
VARIANCE, ALLINA HEALTH SYSTEM
City Administrator Hedges gave a brief overview on this item. Senior Planner Freese gave a staff
report. Mayor Egan opened the public hearing to anyone wishing to speak. Leo Meister, with the
architectural firm representing Allina, addressed the Council and said the initial application for the site plan
permit anticipated a two-phase development. He further said that was one of the reasons for the detached
trash enclosure. He stated that the building is located on a corner lot and the soils are bad to the east of
the property. He added that the parking lot was planned to be located away from the building and it also
made more sense to detach the trash enclosure rather than having a blacktop road go to the trash
enclosure. Councilmember Hunter asked when the expansion-was proposed to occur. Mr. Meister did not
know the particular date. Councilmember Wachter asked what was wrong with the ground to the east. Mr.
Meister said it was full of organic material and there is also a slope to the land. Mayor Egan stated that
he is proud of the development in the central area and that he was pleased when Allina came in as a major
medical presence. He added that the proposal seems to be deviating from what was originally planned.
He further added that now Allina is asking for a variance that deviates from City ordinance. Mr. Meister
explained that the facility will still have the pharmacy and community education room, but he said that some
Allina health care businesses are not locating in this facility for various business reasons.
Councilmember Hunter stated that the current Council, as well as past Councils, have been
criticized for granting variances to some businesses and not others. He added that this site is real visible
from Yankee Doodle Road. He said he is sensitive to the fact that they may expand and would consider
attaching a condition to the variance that they could build the enclosure but it would have to be removed
or attached to a subsequent expansion within a year. Councilmember Awada concurred with
Councilmember Hunter. She added even if the expansion was built, the trash enclosure would still not be
attached based on the proposal submitted. She further added she would not support this request even if
the condition was attached.
Councilmember Awada moved, Councilmember Hunter seconded a motion to close the public
hearing and deny a Variance to allow a free-standing trash/recycling enclosure for the Oak Pointe Clinic
located at the southwest intersection of Yankee Doodle Road and Lexington Avenue located on Lot 1,
• Block 1, Town Centre 100 Sixteenth Addition. Aye: 5 Nay: 0
• EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996 003%
PAGE 11
Councilmember Hunter commented that it would not be necessary for the City Attorney to prepare
findings since the reasons for denial were very straightforward.
ORDINANCE AMENDMENT,TEMPORARY OUTDOOR EVENT/
SEASONAL OUTDOOR SALES
City Administrator Hedges gave an overview on this item. Scott Smith, representing Smitty's,
addressed the Council and said that the ordinance is well done and that staff is to be commended for their
hard work. He added that this ordinance benefits everyone in the City. Mayor Egan commended Mr. Smith
and all the people involved in the process. Councilmember Hunter requested a clarification to the
ordinance under 2) Standards for Seasonal Outdoor Sales & Temporary Outdoor Event, letter h, to read,
"No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent
parcel owner." Hedges asked if the Council agreed with the procedure for handling Christmas tree sales
administratively for 1996. Councilmembers agreed.
Councilmember Hunter moved, Councilmember Masin seconded a motion to approve an ordinance
of the City of Eagan, Minnesota amending Eagan City Code, Chapter 11 entitled Land Use Regulations
(Zoning) by amending Sections 11.3, 11.10, Subdivision 29, and 11.20 regarding Temporary Outdoor
Events and Seasonal Outdoor Sales and by adopting, by reference, Eagan City Code, Chapter 1 and
Section 11.99. Aye: 5 Nay: 0
WAIVER OF SUBDIVISION, OCB REALTY, INC.
96.97
City Administrator Hedges gave a brief overview. Senior Planner Freese gave a staff report on
OCB Realty, Inc. and Osman Properties, Inc. together. Councilmember Wachter asked which of the two
property owners owns the property to the east of Lot B. Freese indicated that is a separate parcel and not
owned by either of the two property owners. Councilmember Wachter asked if drainage would go through
lot A or B. Freese stated that the parcel A is actually a ravine and some surface drainage probably goes
through that area. Director of Public Works Colbert added that natural drainage will continue to occur
through the ravine, but development drainage will be directed to the north into the recently installed storm
sewer. Mayor Egan said that this request constitutes good sound policy. Hedges added that the City
Attorney had indicated that conditions 1 and 2, as added by the Advisory Planning Commission, are not
restrictions on the applicant, but rather restrictions on a future City Council and therefore would not need
to be included as part of the motion.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Waiver
of Subdivision for OCB Realty Co.,to separate, for ownership transfer to Osman Properties, approximately
1.5 acres from 13.66 acres from two unplatted parcels(P.I.D. No.s 10-00400-040-02 & 10-00400-030-02).
Aye: 5 Nay: 0
WAIVER OF SUBDIVISION, OSMAN PROPERTIES, INC.
96.98
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Waiver
of Subdivision for Osman Properties, to separate, for ownership purposes, approximately 1.3 acres from
a 73.59 acre unplatted parcel (P.I.D. No. 10-00400-014-08) subject to the following conditions:
• EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996 �'
PAGE 12
1. The 1.3 acre parcel shall be included with the Final Subdivision for Eagan Woods Office
Park 2nd Addition.
2. A Planned Development Amendment incorporating this parcel to the Eagan Woods Office
Park 2nd Addition Planned Development is required.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, SCENIC ENTERPRISES
City Administrator Hedges gave an overview on this item. He stated that the task force has met
and staff has had dialogue with the three corporations involved to try to get a response to the issue. He
added that all three companies have to get approval from upper management and that is taking some time
as well as some other issues that have been raised.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to continue, until the
November 4, 1996 City Council meeting, consideration of a Comprehensive Guide Plan Amendment
request by Scenic Enterprises, Inc. for approximately 80 acres located north of Yankee Doodle Road, west
of Pilot Knob Road. Aye: 5 Nay: 0
DECLARATION OF DEFAULT, SUNSET HOMES
96.99
City Administrator Hedges gave a brief overview on this item. Senior Planner Freese gave a staff
report. Councilmember Wachter asked who would have to pay the difference if the $5,000 does not cover
cost of the landscaping. Freese stated the townhome association will be putting together a landscape plan
they feel they can afford and staff will then work with them and the association will be reimbursed for up
to $5,000. If the project costs more, it would be the homeowner association's responsibility.
Councilmember Hunter moved,Councilmember Masin seconded a motion to declare Sunset Homes
in default of their landscape obligations relative to St. Francis Wood 4th Addition. Aye: 5 Nay: 0
City Administrator Hedges noted that the Municipal Legislative Commission meeting is scheduled
for October 16 at Eagan City Hall. He added that he will be sending out the AMM legislative package for
review later in the week. Mayor Egan stated that the AMM Legislative Membership meeting is scheduled
for November 14 at the Ramada Inn in St. Paul. Hedges noted that the Oak Ridge Townhome dedication
is scheduled for October 17.
Mayor Egan stated the Mayors from Apple Valley, Lakeville, Burnsville and Eagan will be meeting
on October 22. He also stated that the Airport Mitigation Committee had their last substantive meeting and
everything will be formalized on October 17.
Councilmember Masin said the MVTA officially closed on buying a garage in Bumsville to house
the buses.
Mayor Egan commented about the article on John Nasseff. He suggested writing a letter from the
City Council telling him how proud they are of him and all he has done for the community. Councilmember
Wachter asked if a letter had been sent to him when he left West Publishing. He suggested including that
•
EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
• PAGE 13 0 37
in the letter it was nice working with him.
Senior Planner Freese distributed a copy of the zoning map to each Councilmember.
Councilmember Wachter stated he was concerned about the number of massage licenses at the
same location. City Administrator Hedges said it may have to do with the fact that Lifetime Fitness is open
seven days a week, 24 hours a day. Councilmember Wachter added that he was interested in the
Minnesota Telephone Association correspondence and said it will be interesting to see how Eagan is
affected. He asked if the project on Wilderness Run Road had been completed. Director of Public Works
Colbert indicated it was finished. Councilmember Wachter stated it was a beautiful job. He commented
about the Lone Oak Tree logo proposed for the signage at the Eagan Promenade.
Councilmember Masin mentioned the proposed celebration in honor of receiving the National Award
for the Water Quality Management Plan. City Administrator Hedges said a reception could be held prior
to a City Council meeting. Councilmember Awada suggested putting Rich Brasch's name on the reader
board recognizing him for his efforts in regard to this award. Councilmember Hunter suggested adding a
piece to the plaque with his name on it. Councilmembers decided the reception should be held on
November 4 prior to the regular City Council meeting.
Councilmember Masin stated that she and Councilmember Wachter met on October 14 with a
subcommittee from the Park Department on the lawn chemical control issue. She added that it is going
• well. Councilmember Wachter added that they are making good progress on the issue and there will be
an opportunity to comment on the preliminary draft ordinance. Councilmember Masin also said that she
and Mayor Egan were at the Convention and Visitors Bureau annual convention last week and it was a nice
event. Mayor Egan commended Ann Sullivan and Ann Carlon for their efforts. Councilmember Masin
noted that the League of Women Voters is having a forum on Thursday. She mentioned that Don Klober,
who used to own Century 21, had a heart attack about a week ago. She suggested meeting with the
APRNRC and the referendum task force to review the referendum process. She also suggested sending
a letter of appreciation to all task force members and everyone who helped with the referendum. Hedges
asked if the City Council wanted to have a special meeting with the people Councilmember Masin
suggested. Mayor Egan suggested meeting with those individuals at a workshop on November 19.
Councilmember Hunter thanked the City Attorney and City Administrator for the letter regarding the
Comprehensive Guide Plan. He requested a copy be forwarded to Pat Dill.
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated October 10, 1996 in the amount of$3,277,039.27. Aye: 5 Nay: 0
The meeting adjourned at 9:25 p.m.
MLK
•
EAGAN CITY COUNCIL MEETING MINUTES;OCTOBER 15, 1996
PAGE 14 06373
October 15, 1996
Date City Clerk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-
8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, sexual orientation, marital status or status with regard to public assistance.
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