07/10/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 10, 1990
A regular meeting of the Eagan City Council was held on Tuesday, July 10, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Director of
Community Development Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James
Sheldon.
AGENDA
Gustafson moved, Wachter seconded, a motion to adopt without modification the agenda for
the July 10, 1990, regular City Council meeting. Aye: 5 Nay: 0
M!1LTES
Wachter moved, Gustafson seconded, a motion to approve the minutes for the June 19, 1990,
regular City Council meeting with the following exceptions:
Page 9, Paragraph 3, Sentence 1: Strike that portion of the sentence that reads, 'because
staff.'
Page 10, Paragraph 6, Sentence 2: Change name to Mr. Peter Patchin.
Page 12, Paragraph 4, Sentence 1: Change the word, 'law' to 'planning.'
Aye: 5 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve the minutes for the June 26, 1990,
special City Council meeting. Aye: 4 Nay: 0 (Abstain, Gustafson)
STAFF ITEMS
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Mayor Egan said he had received two letters from the City of Richfield. One included a
resolution recommending that the cities of Minneapolis, St. Paul, Richfield, Bloomington, Mendota
Heights and Eagan be included in the collaborative community airport planning process. The other
letter was a cover to a summary report of a study undertaken by the cities of Bloomington, Burnsville,
Eden Prairie, Edina and Richfield to explore air traffic issues and the 30 -year capacity needs for the
Minneapolis -St. Paul Metropolitan area. Mayor Egan asked Assistant to the City Administrator
Hohenstein why the City was not included in the summary report. Mr. Hohenstein said that the cities
included in the study had also assisted in the funding. Eagan had chosen not to participate as the
study included the possibility of an additional parallel runway.
Councilmember Pawlenty addressed a question to staff regarding weeds on undeveloped Tots
in the City and, in particular, the Stafford Place Addition. The Councilmember asked if there was an
ordinance to obligate the landowner to take care of the weeds. The Director of Public Works said
that staff had met with the developer of the Stafford Place Addition regarding drainage and weed
problems. The developer said they are looking at respreading black dirt and seeding undeveloped Tots
within the project. The developer did ask for special consideration because of their attempt to establish
grass in these areas. The Director of Public Works also said that the landscape ordinance amendment
would require that turf grass be established and maintained after one year on vacant lots throughout
the City. He went on to say that staff would continue to work with the developer of Stafford Place
Page 2/EAGAN CITY COUNCIL MINUTES
July 10, 1990
but would require that weeds be cut on vacant lots if it could be done without disturbing the seeded
areas.
weir
Mayor Egan asked if the Councilmembers had any questions regarding any items on the
Consent Agenda
Councilmember Wachter said he had questions regarding Item D. Mayor Egan wished to ask
questions regarding Items K and L and Councilmember McCrea asked that Item I be either handled
separately or pulled from the Consent Agenda
Councilmember McCrea then addressed Item I. The Councilmember said she was pleased with
the Committee and the minutes that had been presented for their last meeting; however, there were
changes on the list of appointments to the Committee. She said she was pleased with the appointment
of an Advisory Planning Commission member, however, displeased regarding the appointment of a
representative by the Chamber of Commerce. The Councilmember sad the Chamber appointment was
a citizen who had not been operating in the best interests of the City or this Council. The citizen had
made criticisms and allegations about Councilmember McCrea and other City Councilmembers.
Councilmember McCrea requested that the Council ask the Chamber of Commerce to nominate another
individual. Mayor Egan then suggested that Item I be handled separately at the end of the Consent
Agenda.
In regard to Item D, Councilmember Wachter asked if it was usual to waive the 30 -day waiting
period. Chief Geagan said the organization would have filed their application earlier but had had
difficulty finding a sponsor. City Administrator Hedges added that it was not unusual for organizations
to request waivers of the 30 -day waiting period.
Mayor Egan expressed his concerns regarding the maintenance facility bids coming in at 10%
over estimates. Director of Public Works Colbert said they were also surprised as the architect had
worked closely with the contractors to get as close as possible. For some reason, he said, the
contractors they had worked with did not submit a bid. Some of the reasons are tight working
conditions because the building will remain in use while remodeling is going on and the bidding climate.
Several large contracts have been let in the metro area recently and not all contractors are looking for
work right now. The salt storage building came in under estimates, therefore, overall, it has resulted
in 10% over estimates.
Mayor Egan asked if the project was time sensitive or could the City reject the bids and rebid.
Director of Public Works Colbert said they are looking to have the project closed in by December 1 or
the contractors would build heating costs into the bids. The low bidder made a $10,000 error in his
calculations but he has agreed to live with the bid total. The Director of Public Works said he did not
believe rebidding would result in a lower bid. The Mayor then asked if the Council had any other
concerns. Councilmembers Wachter and McCrea said they were concerned but did not see any other
alternative but to approve.
The Mayor then said he had been contacted by an individual about Item K but as they were
not there to address the Council, this item was also allowed to stand.
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July 10, 1990
A. PERSONNEL ITEMS:
1. It was recommended that the hiring of Rodney Johnson as a utility maintenance worker for
the City of Eagan be approved subject to successful completion of the City's physical examination
requirement.
2. It was recommended that the hiring of a replacement seasonal ballfield attendant be ratified.
The person approved to fill the position is Tamera Perry.
3. It was recommended that the hiring of replacement seasonal recreation workers be ratified.
The persons hired are Ross Anderson and Rebecca Peglar. In addition, Tracy Hosier changed
positions from recreation assistant to recreation leader.
4. It was recommended that the hiring of Gweneth Hanson as a temporary clerical worker for
the maintenance facility be ratified.
5. It was recommended that assigning the Police Lieutenants and Police Captain to step 5 of
their respective compensation ranges retroactive to January 1, 1990, be approved.
6. It was recommended that the hearing conservation program agreement between the City
of Eagan and the Bloomington Public Health Service be approved.
B. Plumbers Licenses
It was recommended that the plumbers licenses be approved as presented.
C. License, Gambling Renewal, Burnsville Optimist Club and Waiver of Waiting Period
It was recommended that the renewal application for the Burnsville Optimist Club gambling
license be approved and the 60 day waiting period be waived.
D. Application for Exemption from Gambling License for Dakota, Inc., and Waiver of Waiting
Period
It was recommended that an exemption from a gambling license for Dakota, Inc., for a fund
raising raffle to be held at Blue Cross and Blue Shield on August 18 and 19, 1990, be approved and
the 30 day waiting period be waived.
E. License, Cigarette, Cheers Wine Spirits, 1970 Rahncliff Court
It was recommended that a cigarette license for Cheers Wine Spirits, 1970 Rahncliff Court,
be approved for over the counter sales only.
F. Contract 89 -19, Change Order #1 Deduct, Parking Lot and Pedestal Lighting
It was recommended that Change Order #1- deduction to Contract 89 -19 in the amount of
$441.45 for the replacement cost of lamps and lens be approved.
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July 10, 1990
G. Contract 89 -19, Acknowledge Completion -Final Payment, Parking Lot and Pedestal Lighting
it was recommended the completion of Improvement Contract 89-19 be acknowledged and
that final payment of the contract to Corrigan Electric Company be authorized in the amount of $565.55.
H. Contract 90 -01, Receive Bids /Award Contract, Parks Development
It was recommended that the bids for Contract 90-01 (Park Development) be received, the
contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute
all related documents.
I. Ratification, Ice Arena Committee Member Appointments
This item was moved to the end of the Consent Agenda for separate action.
J. Final Plat, Peaceful Heights Second Addition
It was recommended that the final plat for Peaceful Heights Second Addition be approved.
R 90.46
K. Contract 89 -13, Approve Change Order #1 (Water Treatment Plant)
It was recommended that Change Order #1 to Contract 89-13 (Water Treatment Facility) be
approved and the Mayor and City Clerk authorized to execute all related documents.
L Contract 89 -03, Receive Bids /Award Contract (Maintenance Facility Expansion)
It was recommended that the bids for Contract 89-3 (Maintenance Facility Expansion) be
received and the contract awarded to Shaw Lundquist, Inc., for $577,000 for stage one (Maintenance
Facility Expansion), and to West Bend American Building, Inc., in the amount of $118,820 for stage two
(cold storage facility) and the Mayor and City Clerk authorized to execute all related documents.
M. Contract 90 -07, Approve Change Order #1 (Street Trail Sealcoating)
It was recommended that Change Order #1 to Contract 90 -07 (Street Trail Sealcoating) to
allow an additional 76,000 square yards of sealcoating be approved and the Mayor and City Clerk
authorized to execute all related documents.
Sewer)
N. Project 88 -N, Acknowledge Completion For City Maintenance (Berry Ridge Addition Utittities)
It was recommended that the completion of Project 88-N (Berry Ridge Addition Utilities) be
acknowledged and perpetual City maintenance authorized.
O. Contract 90 -08, Approve Plans /Authorize Ad For Bids (Sibley Terminal Industrial Park Storm
It was recommended that the plans and specifications for Contract 90-08 (Sibley Terminal
Industrial Park Storm Sewer) be approved and the advertisement for a bid opening authorized to be
held at 10:00 a.m., on Friday, August 3, 1990.
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July 10, 1990
P. Contract 89 -05, Approve Easement Acquisition Agreement (Lot 3, Block 1, Joseph Spande
1st Addition
It was recommended that the Easement Acquisition Agreement for Contract 89 -05 (Skyline Road
Streets Utilities) be approved for Lot 3, Block 1, Joseph Spande 1st Addition and the Mayor and
City Clerk authorized to execute all related documents.
O. Vacate Drainage Utility Easement, Receive Petition/Set Public Hearing (Lots 3 4, Block
1, Sibley Terminal Industrial Park)
It was recommended that the petition to vacate a drainage and utility easement (Lots 3 4,
Block 1, Sibley Terminal Industrial Park) be received and a public hearing scheduled to be held on
August 21, 1990.
R. Budget For Blackdoq Water Management Commission
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It was recommended that the 1991 Budget for the Blackdog Water Management Commission
be approved.
S. Budget For Gun Club Lake Water Management Organization
It was recommended that the 1991 Gun Club WMO budget be approved.
McCrea moved, Gustafson seconded, a motion to approve the Consent Agenda with the
exception of Item I which was removed for separate action. Aye: 5 Nay: 0
The Mayor then returned discussion to Item I by saying he respected Councilmember McCrea's
concerns but could not dictate the Chamber's choice of representatives. Councilmember McCrea said
she was not sure the Chamber would know and said a good faith effort should be made to let them
know of their representative's activities. She said she wanted the Council to be up front and honest
and not sweep the issue under the carpet.
Mayor Egan then asked the feelings of the rest of the Council. Councilmember Gustafson said
he was interested in keeping a member of the Chamber of Commerce on the ice arena committee but
perhaps they would send an alternate member. Councilmember McCrea said that it should be noted
that everyone on the committee had attended a meeting except this member so no continuity would
be lost. Councilmember Pawlenty stated that an individual had made remarks causing concem to
Councilmember McCrea and the Chamber should be so advised outlining these concerns so they could
either resubmit this name or recommend a new member.
After additional discussion, Councilmember McCrea moved, Gustafson seconded, a motion to
ratify the list of Ice Arena Committee appointments with the exception of the Chamber of Commerce
appointee and that the Chamber representative position remain vacant until concerns regarding the
appointment can be shared with the Chamber of Commerce at which time they may either reconsider
or resubmit the name or this representative. Councilmember Gustafson added that this should be done
at the earliest possible time. Aye: 3 Nay: 2 (Wachter and Egan).
Page 6 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
P[!C> HK"ANIN
PROJECT 466/PILOT KNOB ROAD
FINAL ASSESSMENT HEARING
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City Administrator Hedges introduced this public hearing by saying it was a project none would
forget. He said that 509 parcels had been notified of the public hearing. He added that upgrading
of Pilot Knob Road from I-35E to Rebecca Lane made this one of the largest public improvements ever
undertaken by the City. Mr. Hedges said the City's involvement was one of cooperative, cost- sharing
with Dakota County and the City's costs resulted in the assessments.
Director of Public Works Colbert then presented some of the numbers associated with the costs
of this improvement. He said that the total cost for the installation of streets, utilities and trailways for
Pilot Knob Road and portions of Cliff and Diffley Roads was $8.7 million. Of that amount, Dakota
County assumed $3.7 million and the City, $5 million. Of the $5 million, $1.2 million will be assessed.
Of the $1.2 million, $272,000 is the responsibility of the City due to City property such as parks, the
Municipal Center, and fire station. In addition, $165,000 was precollected from developers prior to the
upgrade. Mr. Colbert added that the final assessment rates associated with the street improvement are
the same as the predetermined zoning equivalent contained in the feasibility report. He said that final
storm sewer lateral assessment rates ended up higher than those estimated in the feasibility report due
to an increase in the construction and overhead costs of the system and a reduction in the assessable
area based on final surveys of the drainage boundary serviced by the storm sewer system.
The Director of Public Works said that several written objections to the assessments had been
received and he distributed copies of those not included with the packet. He said additional written
objections had been received at the meeting from the following: Bliese, Krista Nelson, Walter Nelson,
Rodney Smith, Eagan Medical Building, Russell Stauffer, and developer Roger Derrick for Fairway Hills
and Fairway Hills 2nd Additions.
Councilmember McCrea asked if having one's name on a petition would constitute written
objection. City Attorney Sheldon said a property owner needed to appear in person at the public
hearing or submit a signed, written objection to the assessment, including the basis for the objection.
The Councilmember then said that a petition was not sufficient and anyone wishing to object should
put their objections in writing before leaving the public hearing.
Mayor Egan then asked the City Attorney what the process for objection was. The City Attorney
said that once the assessment roll is adopted, property owners would have 30 days to file their
objections in district court. If they did not, their ability to object was ended. The Mayor asked if the
roll could be certified subject to objections. The City Attorney said the City Council could choose to
certify all or part of the assessment roll.
The Mayor then opened the public hearing saying that some situations were unique and a four
minute time limit was recommended for testimony. He asked that anyone wishing to submit written
objection should do so. Before hearing from the public, Councilmember McCrea asked the Director of
Public Works why people on Sequoia, who do not live on Pilot Knob Road and have lived in the City
for over fourteen years, were now being assessed. Mr. Colbert said that property owners on Sequoia
in the Evergreen Park area were in the drainage district for this project and were being assessed for
storm sewer lateral only.
The following is the public portion of the hearing and those giving public testimony concerning
their objections to the assessment in the order they appeared.
Page 7 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
Mr. David Tillseth, 3800 Pilot Knob Road, and Mr. Minotti, his representative, said the Pilot Knob
upgrade had not resulted in an improvement for his property but a detriment. He said even the County
said his property value had declined. Mr. Minotti said Mr. Tillseth's property is now a non conforming
use. Mr. Tillseth said that very little water drains into the storm sewer system. He also said that Pilot
Knob Road had become very dangerous. He said the entire City and all businesses should have paid
for the project as they were the ones who had benefited from it.
Director of Public Works Colbert said the City recognizes the concerns of property owners on
Pilot Knob Road and that's why there is a 75% credit for those with limited, direct access to Pilot
Knob. He said a recent appraisal was used in the right -of -way acquisition and compensation was
based on a before and after valuation of the property. Some benefit to the property was gained from
drainage and bituminous.
Mr. Tillseth's representative said there is a 50' setback to Pilot Knob Road. He said Mr.
Tillseth's home is within that setback and is now at risk. He could not say there was any benefit to the
property.
00221
Ms. Lorinda Henderson, 1405 Watfrid Street, said she had just purchased the property three
months ago and asked if the seller should cover the amount of the assessment. Mr. Colbert said he
was not sure of her particular situation; however, he estimated 90% of the sellers had escrowed the
assessment.
Mr. Kenneth Freeman, 1392 Cosmos, wanted to verify that his property was not included in the
assessment area. Mr. Colbert said it was found that this property did not drain into this project's
system. Properties described as Lots 1, 11, 12, 21, 22, and 23, Block 2, Wilderness Run 2nd Addition
were inadvertently included and would be removed from the assessment roll. Councilmember McCrea
asked if the City would then have to absorb the costs. The Director of Public Works said it would
unless the assessments were respread.
Mr. Roger Johnson, 4304 Pilot Knob Road, said that at the 1986 meeting, he had asked that
his driveway remain only if there were no assessments for it. However, his property was part of this
project's assessment roll.
Director of Public Works Colbert said that when the project was completed, Mr. Johnson's
driveway was still there and still in use. Mr. Colbert said it was an existing condition and had to be
accommodated unless it was relocated by the property owner to a side street access prior to
construction. He said the driveway passed through a vacant lot on Pilot Knob Road but actually
served the lot behind it. Other property owners in that area who had also attended the 1986 public
hearing had chosen to eliminate their access to Pilot Knob and take direct access to Cleome Lane.
Mr. Johnson said he thought having an easement to Cleome Lane was sufficient. Mr. Colbert said staff
was unaware of any easement and because there was no appearance of any other access to Mr.
Johnson's lot, there was no choice but to leave the access to Pilot Knob Road.
Mr. Anthony Villelli, 4765 Pilot Knob Road, asked what action the Council was going to take.
The Mayor asked the Director of Public Works if he was aware of Mr. Villelli's concerns. Mr. Colbert
said staff has had numerous discussions with Mr. Villelli. He said 6,400 square feet of Mr. Villelli's
property drains into the storm sewer system with Pilot Knob Road. He said Mr. Villelli objected when
the City previously installed storm sewer lateral in 1982 and then was included with storm sewer
improvements for Pilot Knob Road. Mr. Colbert said that part of the previous system was removed with
the upgrade and if credit was given for the removal of the previous system, Mr. Villelli's assessment
would be reduced by approximately $5.
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July 10, 1990
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Mr. Villelli said he should only be assessed for storm sewer lateral once and he is being
assessed twice. He said his property configuration did not change since the last assessment. He said
the previous storm sewer lateral was removed and hauled away, the blacktop from Eriks Boulevard was
removed, and the $9000 worth of rocks from the previous lateral washed away. He said he was
previously with the school district and if one of their projects came in $1 million over estimates as this
one did, they would have to ask the voters or change the project. He was he was going to take action
or file suit.
Mayor Egan asked Mr. Colbert if the issue was whether this is trunk or lateral storm sewer. The
Director of Public Works said this is often misunderstood. The City does not assess trunk area storm
sewer twice. Unfortunately, most people just hear the words storm sewer. Storm sewer lateral is
assessed for that portion of a property that drains directly into that storm sewer system. Mr. Colbert
said Mr. Villelli has received two assessments (one in 1982 and one in 1990) based on the number of
square feet of that portion of his property that drains into each lateral.
Mayor Egan asked what had increased the costs. Mr. Colbert said that the cost of the storm
sewer had increased over original estimates and the area of assessment had been reduced. He said
of the $1.78 million it cost to install the storm sewer, only $340,000 was being assessed.
Mr. Don Christianson, 3676 Pilot Knob Road, said he had not received a notice but thought
he should see if his property was on the list. Mr. Colbert said that originally this property had been
included because the driveway accessed Pilot Knob Road. However, because the driveway was
relocated, there were no street assessments to this property. Also, there were no storm sewer
assessments because the property does not drain onto Pilot Knob Road. Mr. Christianson then asked
if property he owns in the Bunker Hills Addition was being assessed as he had not received notice.
Mr. Colbert said the property in question was being assessed at the multifamily residential rate for a
total assessment of $7057.92. Mr. Colbert said he would check to see why he had not been noticed.
Mr. David Bailey, 1454 Diffley Road, said he was originally told the assessment would be $648
for sewer and now that amount is $1040. He asked how the City could just raise the amount. If this
was a bid process, he asked why he had to take the Toss. Mr. Colbert said the overall project was
larger for storm sewer and the assessable area was reduced resulting in increased costs. Mr. Colbert
said when costs were estimated, there were no guarantees on the rates. Mr. Bailey said the storm
sewer did not do him any good as his property runs to the back. Mr. Colbert said he was being
assessed for only that portion that drains into the system. Mr. Bailey said he would fight the
assessment.
Mr. Mike Waterhouse, 4272 Sequoia, said the City had received an appeal from his
neighborhood but he would file a separate appeal. He said he did not believe the storm sewer
increased the value of his property $2200. He said the study was done over four years ago and
Sequoia Drive has been recapped and the water flow redirected. He said he would like someone to
come out and look at the area. Mayor Egan said Mr. Waterhouse was correct in assuming that the City
could assess the amount of benefit and no more. The Mayor said the County undertook the project
as both feasible and assessable and to be of benefit to the property at least as much as the
assessment. The Mayor said it was designed to benefit the community that uses the project.
Councilmember McCrea asked Mr. Waterhouse if the water on Sequoia had been redirected.
Mr. Waterhouse said that in his opinion, it had. Director of Public Works Colbert said that runoff should
not have changed as the street had been sealcoated only and had received no reconstruction.
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July 10, 1990
The new owner of 1375 Easter Lane, said the notice was the first he had heard of the
assessment. He said he had heard nothing before he purchased the property eight months ago. As
it would have been shown as a pending assessment at that time, Mr. Colbert recommended that this
property owner contact his real estate agent or title company to see if the assessment had been
escrowed.
Mrs. Clarence Renville, 1440 Diffley Road, said that the letter she had received was wrong and
they should not be charged for street assessment as five families access Pilot Knob Road via one
driveway. Mr. Colbert said the street assessment had been dropped.
Mr. Brian Olson, Argus Development, said his company had received preliminary plat approval
for Sherwood Downs. He said they had 'hired' the City's Finance Director to find out if there were any
pending assessments. When they received the final results, there had been a 50% increase in
assessments. Mr. Olson asked why overhead on the project had increased from 23% to 45 The
Director of Public Works said that the property being developed was assessed for water lateral and the
sanitary sewer lateral was extended at the request of the property owner at that time. At the time of
development, Mr. Colbert said that preliminary indications were that the lateral extension was needed
and the property owner had requested it. Mr. Colbert repeated that at the time of the public hearing,
rates could not be guaranteed and costs could only be estimated. Mr. Olson asked for an explanation
of the increased overhead costs. Director of Public Works Colbert said the costs were obtained from
the County and that many more costs were incurred that had originally been estimated for the scope
of this project. Mr. Colbert said the costs were those billed to the City by the County.
Mr. Olson said he did not object to the benefit only the amount. He asked if he could object
only to the amount. City Attorney Sheldon said if Mr. Olson agreed to the benefit and to the
assessment extent of the benefit, then his appeal had already been lost.
Mr. Mitch Knoll, 1460 Diffley Road, said his storm sewer lateral assessment was based on
square footage. When Diffley Road was upgraded, some of his property had been deeded back to him
by the City and he did not want to be assessed for storm sewer on property deeded back. Mr. Colbert
said the assessment area was based on the old property line. Mr. Knoll asked who determined the
area. He said his property had not changed and yet the assessed area had increased. Mr. Colbert
said in order to spare expenses, they do not go to the detail of a survey at the time of the feasibility
report in case the project is not approved. Mr. Knoll said he did not necessarily agree with the square
footage and asked if someone had actually come out and looked? Mr. Colbert said someone had.
Mr. Lynn Stauffer, 1323 Easter Lane, said he had heard of estimates but not of them doubling.
He said the additional money needed was not escrowed as the escrow was based on the estimate.
He said when the plan changed, a new feasibility report should have been prepared and all affected
property owners should have been noticed. Mr. Stauffer said part of the drainage on his property goes
across the street and into a pond and the rest runs four houses down and sits. He said his property
is up 5' feet since construction. He said the people on Pilot Knob Road who received a 50% reduction
because of the noise should come out on Diffley. Mayor Egan asked the Director of Public Works if
the residential equivalent was the same on Diffley as Pilot Knob Road. Mr. Colbert said there were no
street assessments on Diffley Road.
Mr. Stauffer said his backyard is so steep he cannot mow. He said the first time the contractor
watered the sod the County put down, it washed down the hill. He said he had to put it back and
stake it. Mr. Stauffer said the County has ignored his problems and never responds. Also, he said all
runoff stays in his backyard and doesn't run into the street. Mr. Stauffer says he has experienced a
drop in his property value. He said the County did not complete what it promised.
off, #2'3
Page 10 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
Councilmember Pawlenty asked Mr. Colbert what the definition of overhead was. Mr. Colbert
said interest on bonds, engineering, legal and design costs, right -of -way acquisition, soil and materials
testing, staking, construction inspections, etc. The Councilmember then asked how much of the costs
of this project were attributed to overhead. Mr. Colbert said the overhead had increased from 25% to
45% of the total construction costs. Councilmember Pawlenty asked if that was unusual for a project
this size. Mr. Colbert said the project had run into significant situations with soils, more inspection fees,
more reconstruction, more time working with homeowners, washouts, etc. The Councilmember asked
if the overhead was County, City or both? Mr. Colbert said both.
Mr. Stauffer said his main objection was when the project changed, the residents should have
been renoticed. Mayor Egan said he didn't know if Mr. Stauffer's complaint could be resolved. He said
the City had Mr. Stauffer's objection and it would be looked at.
Mr. Rod Smith of 4280 Sequoia said he objected to the storm sewer lateral assessment as
unfair. He said he moved to Evergreen Park 21 years ago and for much of that time had been paying
for storm sewer assessment. He said he wouldn't feel so bady if he lived on Pilot Knob Road.
However, he is being assessed for 15,000 square feet and he is having a hard time understanding why
his neighbors are paying zero. Mr. Colbert said his neighbors drain into an existing system or some
other drainage pattern. Councilmember McCrea said it was important to look at the water flow. Mr.
Colbert said the previous assessment was trunk area. He said there had been accurate field surveys
of the area. Mr. Smith said it was not equitable. He said the entire area flows down the street and
he would not object if his neighbors were in the assessable area. He asked that they just go out and
look at it.
Cary Bliese, 1391 Cosmos Lane, said he was one of those properties where the assessment
had been dropped. He asked if the Council would vote tonight. Mayor Egan said action would be
taken tonight.
Mr. Scott Frater, 4194 Blueberry Lane, was represented by his brother, Mr. Patrick Frater. Mr.
Frater said the subject property was far from the project. He said his major concem regarded safety
as the storm sewer which juts into this property is open. He said it is a 24' storm sewer pipe with
no grate. Mr. Colbert said a grate would be installed at the earliest practicable time. Mr. Frater said
the lots should have been assessed when they were developed.
Mr. Ray Hart, 4195 Blueberry Lane, said the Council should listen to Rod Smith who said other
people were benefiting. He said he knew Councilmember McCrea who made an observation that
disagreed with engineering. He said the Council should first listen and then review the method of
allocation. He said he would not accept an inequitable bill. Mr. Hart said the builder paid off the
pending assessment of $600 and now the bill is $3200. He said he wanted an opportunity to review
how the amount was arrived at. Mayor Egan said an attempt had been made to explain what property
owners should do to object to the assessments. He said the City can only assess the extent of benefit
and no more. The Mayor reiterated that the City and County had attempted to install a project that
was both feasible and assessable. Mr. Colbert said they would be happy to go out an check the
drainage pattern again.
Mr. Neil Coates, 4605 Pilot Knob Road, first discussed how the fill was handled. He said he
has a ravine on his property and had asked for any extra fill. He was told by the contractor that there
would be no extra fill and as a matter of fact, they would probably be short. However, Mr. Coates said
the contractor moved a large amount of fill onto the property across the street filling in what had been
useless property. Mr. Coates said they greatly increased the property value of that lot. Mr. Coates
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July 10, 1990
00225
then said he had maintained the sod that had been put down with an earlier project and now he has
10,000 square feet of dirt. He said the Pilot Knob slope on the east side of his property had been
hydroseeded with what Mr. Coates believed was 90% weeds. Because of the slope, he can't maintain
it He also mentioned a drain grill that was installed that is completely useless as very little, if any,
water drains into it. Mr. Coates said he thought he would qualify for the Senior Citizen Deferment and
would contact staff regarding an application. In closing, he said he was proud of the comer before
but not anymore.
Mr. Alan Linhoff, Fairview Development, Eagan Medical Center at Crestridge and Duckwood,
said they did not wish to shirk their responsibility. However, they had paid $5000 in assessments,
$15,000 for streets, $14,000 for sewer, and $4000 for trail. Mr. Linhoff said they object to the
assessment as it does not benefit the property to the extent of the assessment. Mr. Colbert said the
assessment was originally against the entire parcel. He said Fairview Development should have been
aware of the pending assessment when they purchased the property. Mayor Egan then asked about
the prepayment policy. Mr. Colbert said that used to be done but was no longer feasible. The City
now has to wait until the improvements are in. He said if assessments are pending on a property, it
is handled however the owner chooses.
Mr. Linhoff said they front on Crestridge and Duckwood and when they were assessed
previously, they did not object. However, they do object to being some distance away from Pilot Knob
and then being assessed based on front footage.
Ms. Doris Wilkins, 4225 Pilot Knob Road, asked several questions regarding the rate for
restricted access to Pilot Knob Road. Mr. Colbert said she had been assessed at 25% of the residential
equivalent. Ms. Wilkins then asked if there had been any State aid for Pilot Knob Road. Mr. Colbert
said it is a County-State Aid highway. Ms. Wilkins asked how much the County had received and Mr.
Colbert said he did not know as it had gone to the County. Ms. Wilkins said she felt the community
should have some funds available to relieve them from assessment which are so heavy at this time.
Mr. Colbert indicated that the City was financing 75% of her residential equivalent street assessment
which results in her already reduced assessment. Ms. Wilkins went on to say that the improvements
were supposed to benefit her property yet for the past two years, the County assessor had reduced
the marketability of her property. She said she used the road but so do people in Apple Valley. She
said she did not see why she should have to pay when her property was devalued. She said she
would file a letter of objection.
Diane Goers Hartman, 3760 Pilot Knob Road, said storm sewer was not needed before they
widened Pilot Knob Road. She said the bill had just come and there was no time to plan for it. She
said the way it was set up was unfair. Mayor Egan said these were the universal terms for all
assessments in the City. The resident said that they were too short. Mr. Colbert said if the
assessments are paid within 30 days, there was no interest collected. However, after 30 days, interest
at the rate of 9% is collected beginning from the date of the assessment approval. After October 15,
interest for all the following years is also added to the property tax collection process. Ms. Goers
Hartman said the project was not a benefit to her property.
Mr. David Griga, 1405 Blasam Street, said that since the road was widened and the trailway was
moved, the roots of willows on his property have been damaged and one has since blown over. He
said the market value of his home had been lowered.
Mr. Mike McAnn, on behalf of Mr. and Mrs. Matthew Pope, 4270 Pilot Knob Road, said the basis
of their objection was there is no special benefit to the widening of Pilot Knob Road. He then
mentioned the difficulty of access. He said there was a benefit to the community and retail persons
Page 12/EAGAN CITY COUNCIL MINUTES
July 10, 1990
but not to the homeowners. He then questioned the public policy regarding lateral storm sewer, i.e.,
the City estimated X dollars and now it's Y dollars. By estimating lower costs, Mr. McAnn said it
dampened the criticism of the project and now that it has been completed, there are higher costs to
be paid. Mr. McAnn said that the homeowners believed that assessment money paid would prevent
the large assessment now and here they are again. In addition, one of the Pope's trees is showing ill
effects of moving the trail and the road. Mayor Egan asked the Director of Public Works if there had
been any noticeable damage done to trees. Mr. Colbert said he did not know if they had made the
County aware of any problems.
Mr. Lawrence Unkert, 4255 Pilot Knob Road, said he agrees with Rodney Smith that this needs
another Zook. He said he had filed a written objection.
Mayor Egan then closed the public portion of the hearing and asked for Council comments.
Councilmember Wachter said objections should be checked out even if the roll is approved.
Mayor Egan agreed saying several issues had been discussed and perhaps should be checked out.
Councilmember Wachter also said that some of the contractor's actions were of concem to him and
the County should have made them right.
Councilmember McCrea recommended that staff follow up on field visits. She was concerned
that one block had been left out. She also expressed concerns about Mr. Coates' property. She said
it was beautiful and if it is not restored, the City should figure out how to restore it and invite the
County to participate. Director of Public Works Colbert said that several comments had been made
that neighbors should have been included. He said that if the City checked it out and found that others
should have been included, it may require a new public hearing. Councilmember McCrea said the
project has to be assessed equitably. Mr. Colbert asked if it is found that the neighbors' properties do
drain into the system, what would the Council wish staff to do. Councilmember McCrea said she was
interested in knowing the dollar amount the City had to assume.
Councilmember Pawlenty then addressed Mr. Coates' property. He asked the Director of
Public Works if there was any resolution to the dispute regarding the County's behavior regarding
removing but not replacing trees, landscaping, etc. Mr. Colbert said the County has no reforestation
or landscaping policy. The County has said that if they spend money on those items, there will be
fewer dollars for roads. In Fairway Hills, trees were removed and a temporary slope easement was
granted by the developer. However, Mr. Colbert was unaware if any of that money was passed on to
the homeowners.
Councilmember Pawlenty suggested additional information on two parcels and delay of approval
until the research was completed. Mayor Egan questioned the impact on the entire assessment roll
if an error was made. City Attomey Sheldon's said it would be necessary to research the statute.
Councilmember Gustafson asked who had paid for the original storm sewer lateral assessments
in the Evergreen Park Addition. Mr. Colbert responded that research would be necessary to verify
the special assessments methodology for the original storm sewer assessments. The City Attorney
stated that any additional properties that become eligible for special assessments would be assessed
at the predetermined project rate.
Councilmember Gustafson said that when the assessment roll is adopted, then there was
something to object to. He said the process had to move forward. He added that some had said the
road is of negative benefit, however, any negative impact would be greater if the same amount of traffic
was using two lanes. He said that the amount of benefit must equal the amount of the assessment.
00226
Page 13 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
Past
0022?
The Councilmember said every dime the County has, we pay; everything the State has, we pay; it is
just a matter of how. He said 25% of the costs of this project are borne by the assessment process
but the other 75% is spread over a much broader base. He said he was concerned with the formula
if there are problems showing benefit; however, there had been no significant problem with that in the
Councilmember Gustafson then moved, McCrea seconded, a motion to approve the assessment
roll with the modification of all Wildemess Run 2nd Addition lots as it relates to lateral storm sewer
assessment.
Councilmember McCrea said she continued to be concerned as she really didn't want to add
additional assessments but the way it was presently being done was inequitable. She said she would
prefer a site visit by staff and then receive their recommendation. She said she did not wish to open
a can of worms' but did not want to do something obviously inequitable.
Councilmember Wachter then asked if two Tots could be added to the assessment roll. Director
of Public Works Colbert said it could not be done without a new public hearing. Councilmember
McCrea suggested that staff look at the area in question, come back to the Council with a
recommendation that the City renotice the public hearing or leave as is. She said she didn't feel they
had enough information. Councilmember Pawlenty said this appeared to be a fundamental
disagreement. He said the area had been looked at and he questioned whether the addition of two
lots was worth doing. Director of Public Works Colbert said what the Council was asking would place
staff in the position of being the arbitrator between the neighbors and the consultant. But, he added,
whatever they find, Council knows the outcome.
Councilmember McCrea asked if the roll were approved, where that would place the Council
if it was found that other properties should have been included. City Attorney Sheldon said that the
drainage district was identified and everyone in that district was asked to pay. The City hired a
consuttant and it would be reasonable to expect the City to rely on his expertise. If an error is found,
the City will have to include the properties and at the rate established. He said that determination
would have to be made at the staff level. The City Attorney said the City has made calculations based
on information provided by its consuttant. Director of Public Works Colbert said this is a gray area
and it would be difficult to have a hard stand on boundaries; however, they have made their best
determination as to the drainage area.
Mayor Egan said there were an equal number of concerns that had merit. However, to try and
change the drainage district now would be a disservice if for no other reason than the additional
money that would be required to do the process over again. He also questioned the negative
precedent. He said the process is not perfect but they should admit that it is not perfect and be done
with it. Director of Public Works Colbert said it should be pointed out that the inclusion of additional
property would not change the amount of the others' assessments; the rate would remain the same.
Councilmember McCrea asked if the vote stood, could other properties be added later? Mr.
Colbert said not without a public hearing. Councilmember Gustafson said he was concerned that the
City would spend more dollars to collect Tess.
Aye: 5 Nay: 0
Councilmember Wachter observed that whenever a project of this size is on the agenda, it is
not fair to other items later. He said items of this magnitude should be on a meeting agenda by them-
selves. In the future, he recommended that the Council consider a special meeting.
Page 14 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
BUSINESS
LANDSCAPE ORDINANCE AMENDMENT
CHAPTERS 6 7
0C 223
City Administrator Hedges introduced the item by saying at least two residents were in the
audience regarding the landscape ordinance. He said these residents of the Fairway Hills area had
concerns regarding the sea of concrete they felt they were left with after the upgrade of the Pilot
Knob /Cliff Road intersection. He said this has been a community initiative regarding the landscaping
of important boulevards. Mr. Hedges said action would be taken on Chapters 6 and 7 and Chapter
13 would be handled on the August 7 agenda. He then asked Parks Superintendent John VonDeUnde
to provide a history of the ordinance.
Parks Superintendent VonDeUnde said there were two major areas the ordinance concerns and
one deals with development and the other with post development. The two chapters of the City Code
to be amended address: 1) regulation and licensing of tree maintenance contractors, and 2) standards
for new plantings and landscaping within street right -of -ways in existing developments. He said the
review process has included review by staff, the Developers Task Force, the Advisory Parks
Recreation Commission and the Advisory Planning Commission.
Councilmember Wachter asked if allowing planting within street right -of -ways constituted a
change in policy. Mr. VonDeLinde said it would be allowed within certain guidelines. Councilmember
Wachter said that one area dealing with establishing turf grass within street right -of -ways was confusing.
Mr. VonDeLinde said it would only specifically relate to islands. He added that homeowners would be
notified of the need to mow these areas through the weed maintenance ordinance.
Councilmember McCrea said she was concerned regarding the education process and then the
enforcement of the ordinance. She said the City has huge boundaries with the County and asked if
the County was going to maintain those properties. Parks Superintendent VonDeLinde said through
the Master Street Planting ordinance, the City was assume responsibility to plant in those areas already
developed and those not yet developed would be the responsibility of the developer. He added that
the City would continue to maintain collector and arterial streets.
Councilmember Pawlenty said that part of the frustration is County right -of -way. He said the
County would have to give its permission before any plantings could be done. He said perhaps a
cooperative could be worked out with the County on a case by case basis. Mr. VonDeLinde said they
would study those areas that could reasonably be planted and then they could approach the County
as to their participation.
City Administrator Hedges said he had spoken to residents of Fairway Hills and that comer
could be considered as a model for County boulevards. Mr. Hedges said he believed the City could
be a catalyst working with the County. Mr. Hedges said part of the ordinance deals with County roads
but it does not say we have any funding. Perhaps if nursery stock could be provided, the County
would permit.
Ms. Claudia McClannahan, 1339 St. Andrews Boulevard, said she was part of the group that
hopes they may have had an influence on the implementation of the ordinance. She said she
appreciated the City's efforts.
The Parks Superintendent said that the ordinance did not formally adopt a street tree program.
He asked that the Council also consider directing staff to conduct a tree inventory and put together a
Page 15 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
0( 223
master street tree planting plan. Councilmember Pawlenty recommended that Arbor Day activities be
directed toward these plantings.
Wachter moved, Gustafson seconded, a motion to approve the landscape ordinance
amendments for the Eagan City Code Chapters 6 and 7 with direction that a Master Street Tree Plan
be assembled and brought back for City Council consideration. Aye: 5 Nay: 0
REZONING/AREA C
MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said the City of Eagan had undertaken
a residential land study and that the two areas to be discussed at this meeting had gone to the
Advisory Planning Commission and then on to the City Council. He said that both study areas had
been analyzed through a memo from legal counsel regarding a rezoning or change in land use
designation. He said the City Council had received an analysis for both Area C and Area R. Mr.
Hedges then asked City Attorney Sheldon for comment and then discussion by the City Council.
City Attorney Sheldon said his analysis began with the general issues of public interest or
changed conditions and then the issues of lost economic considerations and investment- backed
expectations of the property owner. He said it was necessary to also consider whether the property
owner had acquired 'vesting' in the property or had made improvements to it. Mr. Sheldon said that
when Mr. Balfany purchased the property, the City had purchased and received park property and had
agreed to rezone the remainder. The City did rezone the property and according to Mr. Sheldon's
analysis, the City did everything required of it; however, no Planned Development agreement was ever
entered into. Later, a development proposal was made but did not come to fruition within the time
guidelines. Mr. Sheldon said as he recalled, Mr. Crawford had said the current owner was not aware
of the 1975 transaction when he acquired the property. He said that while rezoning is not mandatory,
the City has the right to rezone the property without significant economic Toss to the property owner.
Mr. Rollie Crawford, representing Balfany Development, said he had previously stated a number
of different aspects as to historical and legal issues as well as public policy. He said what was
involved was a question of the police power of a community versus private property. Mr. Crawford said
they were at a standstill on the question but asked how it could be resolved. He addressed two major
areas of concern: 1) the number of units on the two parcels, or the density; and 2) the design and
what gets built on them. He said one way to reach a decision was to present the Council with the
basis for a revised PD agreement. He said their contention is that in a sense they have a PD
agreement. Perhaps not in today's format but it is one made up of correspondence, agreements, etc.
But Mr. Crawford said they would like to get a 'real' PD proposal together so the Council can look at
the number of units, the layout, and how they affect the surrounding properties and then make their
decision. Mr. Crawford said at the present time, the property owner is entitled to 156 units and he was
sure the project could be put together at something Tess than that. Mr. Crawford said it was a
desirable plan and he asked that the matter be referred to staff to negotiate.
Mayor Egan asked the City Attorney how this matter could be referred to staff. Mr. Sheldon
said there was no time limit on rezoning. He said staff could be directed to work with the property
owner and then a concept brought back to the City Council. At that time, Council could decide whether
the proposal should proceed to the APC. Mr. Sheldon said the rezoning could be continued indefinitely
and it should become apparent very quickly whether the City and the property owner are moving
together or apart.
Page 16 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
Councilmember Pawlenty asked if the property was rezoned to R-3, what would be the
maximum number of units that could be constructed. Director of Community Development Runkle said
approximately 125. The Councilmember then asked Mr. Crawford if the property owner proposed
reducing the number of units below 156. Mr. Crawford said they would propose a number somewhere
between 124 and 156. Councilmember Pawlenty asked 11 they would be apartments and Mr. Crawford
said they would.
Mr. John Gustin of 3061 Woodlark said the issue was rezoning. He said there was no PD and
no vested interest but if the Council delayed, there would be. He asked the Council to take the
opportunity now to rezone. Mr. Gustin said it is a high density area and he asked that the Council do
the right thing and do it now— rezone to R-3.
The City Administrator said that City staff had discussed what Mr. Crawford was proposing but
would require direction from the City Council regarding the density. Mr. Hedges said that when Study
Area R was discussed at the previous meeting, Councilmember Pawlenty had raised a question
regarding law enforcement calls. Mr. Hedges said Chief of Police Geagan had done a fine job in
putting together a Crime Summary information sheet for rental versus non rental properties. Mr. Hedges
said the information sheet had indicated the heavier densities in the City related to a higher number
of police calls.
Mr. Crawford said he was very dismayed by the Police Department report. He said he had seen
this type of information many times and if this is a legitimate concern, it should have been brought to
their attention sooner so they could have presented countervailing information. He asked what the City
was saying, that renters are bad and are criminals? Mr. Crawford reiterated that 11 it related to the
rezoning decision, it should have been brought to their attention. Councilmember Pawlenty said the
report was a product of an ongoing discussion. He said when the reasons for undergoing the study
were discussed, health, safety and welfare issues were among them. Councilmember Pawlenty said
that one of the drawbacks of too much R-4 property seems to be a disproportionate use of City
services.
Mayor Egan said that Mr. Berman, representing Hillcrest Development, had questioned the legal
criteria of error or a material change in circumstances in regard to Area K of the Multifamily Residential
Land Study. The City Council felt that some of the original rezoning, which created certain blights and
problems, had been in excess. The Council requested at that time that the Police Department provide
this information. Mayor Egan went on to say that Mr. Sheldon's memo clearly addresses the legal
issues of this rezoning. The purchase agreement in 1975 still anticipated other documents. There is
no PD agreement.
Wachter moved, Pawlenty seconded, a motion to approve a rezoning of Area C of the
Multifamily Residential Land Study consisting of approximately six acres located at the southwest comer
of Pilot Knob Road and Lone Oak Road from PD R-4 to PD R-3, and the City Attorney was directed to
prepare a findings of fact. Aye: 5 Nay: 0
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA R/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction of the item by the Mayor and City Administrator, Councilmember Pawlenty said
that in view of the City Attorney's analysis, he did not see how the City could move ahead with this
rezoning and comprehensive guide plan amendment.
OC 30
Page 17 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
00231
Gustafson moved, Wachter seconded, a motion to deny a rezoning of approximately 53.5 acres
from R-4 to R -1 and of approximately 6 acres from R-4 to PF and a comprehensive guide plan
amendment for Area R with the intent of removing this area from the Multifamily Residential Land Study,
located along Johnny Cake Ridge Road, south of Diffley Road in the northwest and southwest quarters
of Section 28 and the northwest quarter of Section 29. Aye: 5 Nay: 0
APPOINTMENT /ADVISORY PARKS RECREATION COMMISSION
The City Administrator introduced this item by saying that Sandra Wensmann had resigned from
the Commission and John Griggs, the Alternate, was interested in a full -time appointment. Five
individuals had indicated an interest in serving on the APRC including Dennis Seiz who is presently
serving as the Alternate on the Solid Waste Abatement Commission. Mr. Hedges said he had apprised
Mr. Seiz of City Council policy not to appoint one member to two commissions. Mr. Seiz had indicated
to Mr. Hedges that if he was not appointed to the APRC, he wished to remain on the Solid Waste
Abatement Commission.
After a ballot, John Griggs was appointed to fill the remainder of a three year term on the
Advisory Parks and Recreation Commission and Lee Markell was appointed to fill the remainder of Mr.
Griggs' Alternate term.
RESIGNATI ON/APPOI NTM ENT
SOLID WASTE ABATEMENT COMMISSION
After balloting, Dennis Seiz was appointed to fill a vacancy on the Solid Waste Abatement
Commission and Floyd Hiar was appointed to fill the remainder of Mr. Seiz's Alternate term.
AUTHORIZATION/ADDmONAL CONSULTANT COST
CORRIDOR TASK FORCE MEETINGS
The City Administrator said that legal and technical consultants had been retained to provide
additional information and attend meetings of the Corridor Task Force. In the opinion of Mr. Hedges
and Assistant to the City Administrator Hohenstein, additional input is needed from the consultant but
budget constraints are of concern. Mr. Hedges said they have come to a vital point in the process and
additional costs will be incurred.
Councilmember Gustafson said he is serving on the Task Force and while he objected to the
first $30,000 and this $4,000, he is convinced it is necessary.
Gustafson moved, McCrea seconded, a motion to authorize additional consultant service in an
amount not to exceed $4400 for the firm of G. Bogan and Associates to provide support for the
Eagan /Mendota Heights Corridor Task Force meetings. Aye: 5 Nay: 0
RENEWALS /1990 TRAILER PERMITS
City Administrator Hedges reported that John Olinger, Administrative Intern, had taken pictures
of all existing trailers in the City. Mr. Hedges said that while the number of trailers is diminishing, there
Page 18 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
are still a few left. Mr. Hedges said direction was needed from the Council regarding the disposition
of each permit.
Councilmember McCrea said the Fritz trailer was there last year and the applicant talked of
plans to build a home at that time. The Councilmember McCrea said this permit received its first
renewal in 1980 -10 years ago.
Councilmember Wachter said the City has the criteria for renewal of trailer permits and it just
has to be enforced. After further discussion, Councilmember Gustafson asked if there was zoning for
mobile homes. Councilmember McCrea said that no trailers were allowed to exist except for one year
to build a home. She said that was why the Fritz trailer permit was originally granted. Councilmember
Gustafson said he saw no reason to approve any. City Administrator Hedges said he was not trying
to initiate a public hearing, however, considering that many were renewed in the past, the mobile home
owners may wish to appear and present their cases. The City Administrator said perhaps a letter could
be sent asking for a response by a certain date as to what each of the trailers is being used for and
if it is found not to be a valid use, then the permit could be revoked. He said the City did not wish
to create a hardship. Mayor Egan suggested a 'show cause' procedure where a letter would be sent
calling for the trailer owner to appear before the Council. He said perhaps an agenda in late August
or September would be appropriate.
Mr. Marvin Fritz then approached the Council and said he had just received a letter July 9. He
said he would not need a renewal of his permit as he was building a house.
Mrs. Earl Marotzke said she has had a trailer on Gun Club Road since 1964 and said she
believed her trailer was grandfathered' in. She said there have been no complaints about her trailer
and she hoped the Council would not take it away. Councilmember McCrea said that the Marotzke
trailer was grandfathered in and did not need a permit.
Wachter moved, McCrea seconded, a motion to approve the trailer permit for Earl Marotzke, 535
Gun Club Road, to withhold action on the Marvin Fritz permit, and to send a letter to the following
permit holders asking them to show just cause why their permits should not be revoked:
Tripp Oil Company, 3085 Highway 13
Lyle Schultze, 1315 Carriage Hills Drive
American Homes, 3660 Dodd Road
Aye: 5 Nay: 0
REVISED STANDARD CONDfi11ONS OF PLAT APPROVAL
Wachter moved, Gustafson seconded, a motion to approve the revised standard conditions of
plat approval as presented in Exhibit A. Aye: 5 Nay: 0
SPECIAL USE PERMIT/STEININGER CONSTRUCTION
McCrea moved, Gustafson seconded, a motion to approve the special use permit for Steininger
Construction to operate a concrete recycling plant in the northwest quarter of Section 13 as presented
with the following conditions:
OVJ 404^:4,
Page 19 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
1. Dust control procedures shall be utilized.
2. Hours of operation shall be limited to 7:00 am. to 7:00 p.m., Monday through Saturday.
3. An annual review and renewal of the permit which, if renewal is denied, will provide the
applicant with a six -month notice for termination.
Aye: 4 Nay: 1 (Pawlenty, voted against just on land use issue)
Gustafson moved, McCrea seconded, a motion to approve a 12' variance from the 30' setback
for a sun porch located at 1918 Bear Path Trail, Lot 1, Block 3, Suncliff First Addition. Hardship is
shown as staff, not applicant, error. Aye: 5 Nay: 0
After introduction by the Mayor, City Administrator Hedges said that Jerry Braun of Simeks had
been at the meeting earlier and had expressed concems that the building did not meet setback
requirements. Community Development Director Runkle said the setbacks conform to the plan that was
approved. Mr. Runkle said the conditional use permit application had been before the Advisory
Planning Commission and the sign meets all spacing and size requirements.
Wachter moved, Gustafson seconded, a motion to approve a conditional use permit for a pylon
sign for R B Investors located south of Duckwood Drive in the northwest quarter of Section 15
subject to the following conditions:
1. Pylon sign shall be internally lighted.
2. The entire pylon and sign shall meet the 10' setback from all property lines.
3. The pylon sign shall meet Ordinance requirements and be subject to a one -time sign
fee of $2.50 per square foot.
Aye: 5 Nay: 0
The Council determined that the $1799 owed by the owner of the subject property as a part
of a trunk storm sewer project, was the obligation of that property owner, not the applicant, and would
place a hardship on the applicant if approval of the conditional use permit was tied to its payment.
McCrea moved, Pawlenty seconded, a motion to approve the conditional use permit application
for Broadway Pizza to allow on -site 3.2 beer and wine in a CSC (Community Shopping Center) district
located at Rahn Road and Beau D'Rue Drive in the northeast quarter of Section 19, subject to the
following conditions:
1. The necessary permits are approved by the City's Police Department.
2. All other applicable ordinances are adhered to.
Aye: 5 Nay: 0
VARIANCE/T1M CAMERON
CONDITIONAL USE PERMIT/ R B INVESTORS
CONDITIONAL USE PERMIT/BROADWAY PIZZA
0('233
Page 20 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
RELOCAT1ON/BEER AND WINE LICENSE/BROADWAY PIZZA
McCrea moved, Pawlenty seconded, a motion to approve the relocation of the beer and wine
license for Broadway Pizza from 2113 Cliff Road to 3902 Beau D'Rue Drive. Aye: 5 Nay: 0
ORDINANCE AMENDMENT /CHAPTERS 11 13
EAGAN CITY CODE/PAST DELINQUENT BILLS
City Administrator said this procedure had been discussed in the past and now the ordinance
had been prepared. He said it is not the intent of staff to look for applicants 60 day in arrears but use
the ordinance only as a tool. Mr. Hedges said it is a mechanism to provide accountability without the
tax base to tolerate those who are not paying.
Mayor Egan asked what would constitute a 'history' of not promptly paying bills? He asked
if that was sufficiently specific. City Administrator Hedges said the City would have to exert a
reasonable interpretation and only apply the ordinance to those who are flagrantly in arrears.
Councilmember McCrea said the City needs to remain sensitive as this is an untested area. The
Councilmember asked if the ordinance had gone to the Developers Task Force. Community
Development Director Runkle said no, and added that it was only a mechanism to try to collect from
those who had gone beyond a reasonable payment period. City Administrator Hedges said that if staff
felt it necessary to implement, the City Council would be notified.
Wachter moved, Gustafson seconded, a motion to approve the ordinance amendments of the
Eagan City Code, Chapters 11 and 13, pertaining to 'Past Delinquent Bills.' Aye: 5 Nay: 0
PRELIMINARY PLAT /OAKS OF BRIDGEWATER
After introduction by Mayor Egan, City Administrator Hedges said this item had gone to the
Advisory Planning Commission on June 26, 1990, and the Commission had recommended approval.
Director of Community Development Runkle said this is a replat of 37 acres into 59 single family lots
as part of the overall Eagan Hills Farms PD. Mr. Runkle said water quality requirements had been
incorporated into this plat. He said all lots are larger than 12,000 sf and is more sensitive to the
topography than the original proposal.
Councilmember Wachter said he had received a call from Ray Hagen who is concerned about
the trees near his property. Mr. Runkle said it was his understanding that the pine trees in question
will be saved. Mayor Egan said that Chuck Hall, the original property owner, planted the trees and
would likely have a concern for keeping them.
Councilmember Pawlenty asked about access to the remaining Hall property in event Mr. Hall
wishes to subdivide. Community Development Director Runkle said through continuation of the street;
however, it is not anticipated at this time. Mr. Rick Packer of Sienna Corporation said restrictive
covenants on the property do not allow any further subdivision of the Hall property.
Wachter moved, Gustafson seconded, a motion to approve a preliminary plat for the Oaks of
Bridgewater as applied for by Sienna Corporation subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September
15, 1987, shall be complied with:
Al, B1, B2 ,B3,B4,C1,C2,C5,D1, El, Fl, and 31.
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July 10, 1990
2. No variances shall be granted to the Shoreland Ordinance.
3. Mr. Charles Hall may keep his horses until Phase II of this development occurs.
4. The existing home on Lot 12, Block 4, shall change its address into conformance with
the new addresses established.
5. Lot 12, Block 4, shall connect to City sewer and water when Phase II of this
development occurs.
6. The development is required to submit detailed plans and specifications for the
construction of the proposed retaining walls prior to final plat approval.
7. The development is required to provide a cash dedication for the fulfillment of water
quality requirements for the 4.5 acres of this site along Wescott Road and Bridle Ridge
Road.
8. The development is required to extend sanitary sewer service to the westerly adjacent
property between Pond JP -19 and Bald Lake.
Aye: 5 Nay: 0
SOUTHERN LAKES/PRELIMINARY PLAT
JOINT POWERS AGREEMENT
00235
City Administrator Hedges said that after a second public hearing conducted by the Advisory
Planning Commission, staff had been working with the development regarding a Joint Powers
Agreement.
Community Development Director Runkle said two lots have been added to the original plan:
one additional lot in the 'loop' and one more along the northern cul de sac. Secondly, in regard to
the joint powers agreement, staff requested direction regarding the assessment issue.
Director of Public Works Colbert said that a segment of the sanitary sewer system, in
accordance with the Comprehensive Sewer Plan, had been intended to serve a portion of Inver Grove
Heights and, therefore, was built accordingly and equates to 1000 single family lots. The Metropolitan
Urban Sewer Area (MUSA) boundary of the district is consistent with the borders of Eagan and Inver
Grove Heights; however, Eagan's sanitary sewer district incorporated in this project, extends beyond
the MUSA boundaries. Ordinarily, it is very difficult to change the boundaries but the developer has
convinced the Metropolitan Council to do so. The City of Eagan's sanitary sewer is designed to
accommodate a limited area within Inver Grove Heights. At issue is that historically, a trunk area
sanitary sewer is assessed over the boundaries of the development being served. The developer is
objecting to this policy as much of the property will be used as a golf course. The developer is
recommending a trunk area sanitary sewer assessment over the original district only as that is what the
City intended to service.
Mr. Colbert then addressed the water service to the property. Mr. Colbert said the City had not
intended to service any area other than Eagan. However, it will be quite some time before Inver Grove
Heights plans to service this development. The developer is requesting that Eagan service the area;
Inver Grove Heights would maintain the system. The golf course will be served by a private well. The
developer will extend a 12' trunk water main along Cliff Road and anything beyond that could not be
serviced without a booster station or reservior. If that were to occur, it could be addressed with an
amendment to the joint powers agreement at that time. The developer has expressed a willingness to
pay the trunk water assessment but does not feel it is justified over the entire golf course area as it will
not be served by City water. ff the entire development were within Eagan, all trunk sewer and water
area systems would be assessed even though not all services would be used. That has historically
been up to the landowner as to how much they want to use.
Page 22/EAGAN CITY COUNCIL MINUTES
July 10, 1990
0 a
Mr. John Vogelbacher of Southern Lakes Partnership said the situation is accurate and it is a
critical issue. Mr. Vogelbacher said the previous estimate for assessment was $70,000 and when
considering the number of units, it amounts to more than 3 or 4 times the normal charge. He said he
had done assessment searches on several golf courses and Parkview, for instance, had never been
assessed. Two others had been assessed but very small amounts because it was so many years ago.
He also checked Wedgewood in Woodbury and it had not been assessed for utilities. Also, Deer Run
had received no assessment for its golf course. Southview Country Club's assessments were
overturned by the Supreme Court.
Mr. Vogelbacher said they were not looking for special treatment because it is a golf course.
It is presently dedicated as an outlot and it will not be developed because of covenants with the home
sites. It will not use water and sewer service. He said there was no reason to sway from normal policy
because if it were developed to need water and sewer, it would require changing the joint powers
agreement. Mr. Vogelbacher said they want to meet their obligation to the City and with 80 acres of
assessable area west of the boundary, they are paying more, relative to the area being developed or
actually being served.
Mayor Egan asked if there were any other development, could it be controlled through the joint
powers agreement. Director of Works Colbert said yes.
Councilmember Wachter said he felt uneasy. He said Eagan is always the one to concede.
He said the City always puts in the improvements and Inver Grove Heights never wanted to put
anything in. He asked why the City should deviate. He said Inver Grove Heights should make the
changes.
Mr. Vogelbacher said Inver Grove Heights had made the request to the Met Council for
deviation from the MUSA boundary. Their reaction to the proposal was based on good land use
decisions. In reference to the City's policy, Mr. Vogelbacher said Parkview was the most recently
developed and had not been assessed. Councilmember Wachter said there was no policy at that time;
however, if Parkview were developed today, the policy would be different.
Mayor Egan said approving the proposal would encourage a quality development.
Gustafson moved, McCrea seconded, a motion to approve a preliminary plat for Southern Lakes
as revised to reflect the inclusion of thirteen rather than eleven single family lots subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council action on September
15, 1987, shall be complied with:
Al, 61, B2 ,B3,B4,C1,C2,C5,D1, El, Fl, and G1.
2. The Joint Powers Agreement shall be completed and approved by the City Council prior
to final plat approval.
3. Extension/construction of City trunk water main, sanitary sewer, and storm sewer must
be approved by City Council prior to final plat approval.
4. The development is required to treat the site generated storm water runoff in accordance
with recommendations identified in the City's Water Quality Management Plan prior to
discharge into Pond LP-30.
5. That this proposal shall be subject to a cash parkland dedication.
6. That this proposal shall be subject to a cash trail dedication.
Aye: 5 Nay: 0
Page 23 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
Egan moved, Gustafson seconded, a motion to approve proposed area assessments as outlined
by the developer in the a Joint Powers Agreement as developed by the City of Eagan and the City of
Inver Grove Heights. Aye: 5 Nay: 0
Note: A Comprehensive Guide Plan Amendment and a Rezoning for the Southern Lakes
development were approved at the May 17, 1990, City Council meeting.
ADMINISTRATIVE AGENDA
VARIANCE/JOHN VAUGHN
Egan moved, Gustafson seconded, a motion to continue the variance for John Vaughn, Lot 9,
Block 2, Mallard Park 2nd Addition, to the August 7, 1990, regular City Council meeting.
Aye: 5 Nay: 0
MINNESOTA PUBUC RADIO
City Attorney Sheldon said that Council would recall that Minnesota Public Radio had made a
request for its facility to the City Council in April of this year and Council had performed a considerable
review of their application for a variance and conditional use permit. On June 21, MPR through its
attorneys requested that the Board of Adjustments and Appeals reconsider the conditional use and
variance issue. After contacting City staff, Mr. Sheldon said they had teamed that prior to this time,
MPR had approached the City requesting a different site for this facility and had submitted an
application. Mr. Sheldon said they had also been advised that it has not been City policy over a
number of years, to process multiple applications for one piece of property, or in the alternative, the
same application for different pieces of property. Mr. Mahlum, the attorney for MPR, was apprised of
this policy and Mr. Mahlum demanded notice of this policy and an official response. Mr. Sheldon said
two City ordinances come into play and the one that deals with the Board of Adjustments and Appeals
provides that the City Council consider an appeal within 21 days of the date it was submitted and then
60 days from the date of the submittal, make a decision. Mr. Sheldon said MPR's request can be
received for consideration at this meeting and then continued for a period of time to make a decision.
Secondly, the City Attorney said that the City Code provides that once a request for variance or
conditional use are made, a similar request cannot be made for a period of 12 months unless the
applicant can show to the satisfaction of the Council that the conditions that were present when the
earlier request was filed have changed or that the request is substantially different. It was Mr.
Sheldon's advice to the City Council that before they address Minnesota Public Radio's request before
the Board of Adjustments and Appeals, the City Council should make a determination as to whether
the request for variance and conditional use permit that has been submitted to the City for a new piece
of property is essentially the same facility as requested in the earlier application. If that is the case,
the new request cannot be made for 12 months after final action on the request before the Board of
Adjustments and Appeal.
Ms. Christina Stalker said that, first of all, it is Minnesota Public Radio's desire to come to an
acceptable resolution of their request and its subsequent denial. It is only because the City Code
requires that certain things be done within a certain period of time that she has approached the City
Council in order to appeal to the Board of Adjustments and Appeals. From the legal point of view, Ms.
Stalker said they must go by the requirements in the City Code and exhaust all remedies. If there is
a vehicle in the City Code for administrative remedies and reconsideration by the City Council, then Ms.
Stalker said she must follow the Code descriptions. She said it was not an attempt by MPR to come
at the City Council from two directions. She said the request was for the Council to consider MPR's
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Page 24 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
appeal and to receive a response from the Council in the form of a decision by August 7, the last City
Council meeting before the 60 -day deadline. Mr. Mahlum's office could then work with the MWCC and
come back to the City Council either with an application, a written consent from the MWCC or
something more solid so they can achieve a resolution to this matter. Ms. Stalker said she was not
aware of any other authority that would require Minnesota Public Radio to either abandon its statutory
rights to appeal this decision or follow up with an application. Ms. Stalker said they did not agree with
City Attorney Sheldon's interpretation that this is the same application.
After brief discussion, City Attorney Sheldon said there were two actions necessary for the
Council to take: 1) to receive for consideration MPR's appeal to the Board of Adjustments and Appeals
for reconsideration of their April 3, 1990, decision to deny MPR's variance and conditional use permit
applications and 2) to make an interpretation of the City Code as to whether the most recent application
from MPR is the same application for the same facility at a different location. Mr. Sheldon also said
that a report from the City Planner would probably be necessary giving the specifics of MPR's
application and an analysis from that Department whether that application is substantially different so
that the Council can make a decision on the facts of the issue. Councilmember Gustafson said that
it seemed that the radio tower request on Site A was distinctly different than the radio tower request
on Site 8. He said the difference was the site; the towers are the same and the height is the same
but the site is different. City Attorney Sheldon said what they are asking for are 'use' items. He said
it is an arguable point and something the Council has an inherent right to make a decision on. Mr.
Sheldon said he would check the State law as to when the 60 days the Council has to make a decision
begins. He said the City Council has 60 days from the date of submittal in which to make a decision
but it was not clear as to whether that is 60 days from the date of submittal to the Council or submittal
to the City.
Egan moved, Wachter seconded, a motion to make an interpretation, once the appropriate
information is provided, of the City Code as to whether the second application from Minnesota Public
Radio is the same application for the same facility at a different location or an entirely different
application. Aye: 5 Nay: 0
Egan moved, Wachter seconded, a motion to receive for consideration Minnesota Public
Radio's appeal to the Board of Adjustments and Appeals for reconsideration of their April 3, 1990,
decision to deny MPR's variance and conditional use permit applications. Aye: 5 Nay: 0
EXTENSION/TOWN CENTRE 100 5TH FINAL PLAT
Wachter moved, Gustafson seconded, a motion to extend the timeframe to record the final plat
for Town Centre 100 5th Addition to July 30, 1990. Aye: 5 Nay: 0
PARK RIDE/RAHN ROAD
Director of Public Works Colbert said that with the closure of Rahn Road, the MTC would be
rerouting their bus service down Nicols Road. The MTC is, therefore, requesting that a temporary Park
Ride be approved for on- street parking on Nicols Road. The temporary parking would be for 2-3
months. Due to the inconvenience on- street parking would cause Nicols Road residents, the City
Council recommended that the MTC attempt to make other off street parking arrangements.
OC 233
Page 25 /EAGAN CITY COUNCIL MINUTES
July 10, 1990
RESOLUTION/WEST PUBLISHING
Pawlenty moved, McCrea seconded, a motion to direct staff to prepare a resolution for a
feasibility study to be performed for the upgrading of the intersection of Highway 149 and Becker Road.
Aye: 5 Nay: 0 R 90.47
CHECKI JST
Wachter moved, Egan seconded, a motion to approve the checklist dated June 30, 1990, in the
amount of $1,053,243.42 and the checklist dated July 3, 1990, in the amount of $599,335.46 dated July
3, 1990.
ADJOURNMENT
The meeting was adjourned at 1:30 am. on July 11, 1990.
CITY OF EAGAN
E. J. Overbeke, City Clerk
00239
KF
A. Financial Obligations
EXHIBIT A
STANDARD CONDITIONS OF PLAT APPROVAL 0C240
1. This development shall accept its additional financial
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
B. Easements and Rights -of -Way
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right -of -way.
2. This development shall dedicate, provide, or financially
guarantee the acquisition costs of additional drainage,
ponding, and utility easements as required by the
alignment, depth, and storage capacity of all required
public utilities and streets located beyond the
boundaries of this plat or outside of dedicated public
right -of -way as necessary to service this development or
accommodate it.
3. This development shall dedicate all public right -of -way
and temporary slope easements for ultimate development
of adjacent roadways as required by the appropriate
jurisdictional agency.
4. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
C. Plans and Specifications
1. All public streets and utilities necessary to provide
service to this development shall be designed by a
registered professional engineer in accordance with City
codes, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul -de -sac constructed in
accordance with City engineering standards.
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
E. Other
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right -of -way in
accordance with City Code and engineering standards.
D. Public improvements
00241
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
at a formal public hearing by Council action prior to
final plat approval.
E. Permits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency.
F. Parks and Trails Dedication
1. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. Water Ouality Dedication
1. This development shall be responsible for providing a
cash dedication in addition to /in lieu of ponding
requirements in accordance with the criteria identified
in the City's Water Quality Management Plan.
1. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory Planning Commission City Council
Approved:
Revised:
plataprv.con
LTS *2