08/21/1990 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
August 21, 1990
A regular meeting of the Eagan City Council was held on Tuesday, August 21, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the agenda:
Item R, Consent Agenda, Ratification of Planned Unit Development for West Publishing Company,
addition to agenda.
Item S, Consent Agenda, Ratification of Fire Department Pension Committee Recommendation,
addition to agenda.
Item 3, Administrative Agenda, Final Plat, Fairway Hills, Administrative Agenda. Because of
medical reasons, request from Developer, Mr. Al Herrmann, to hear this item after Item B, Old Business,
Cost Participation Agreement, Fairway Hills 2nd and Dakota County.
Two items will be formally addressed under Visitors to be Heard: 1) Proposed resolution from
Minnesota Public Radio, and 2) Carlson Lake Park.
McCrea moved, Wachter seconded, a motion to approve the agenda as amended.
Aye: 5 Nay: 0
MINUTES.
Gustafson moved, Wachter seconded, a motion to approve the minutes for the August 7, 1990,
regular City Council meeting. Aye: 5 Nay: 0
Gustafson moved, McCrea seconded, a motion to approve the minutes for the August 7, 1990,
Board of Adjustments and Appeals. Aye: 5 Nay: 0
�GAST
FBAs
Mayor Egan presented a check to Doug and Marilyn Clemens for $700 as the City's most recent
Cash for Trash winners.
i A 'I RE. nuS I
PUBLIC WORKS /1990 COMPREHENSIVE STORM WATER MANAGEMENT PLAN
After introduction by Mayor Egan, City Administrator Hedges said that periodically, dating back
to 1965, the City has considered and adopted the Comprehensive Storm Water Management Plan. He said
as the City matures, develops and changes, the Comprehensive Plans for all infrastructure needs periodic
review.
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August 21, 1990
Director of Public Works Colbert said the plan was forwarded to the City Council under separate
cover. He said it is a lengthy document and incorporates the Water Quality Management Plan and Surface
Water and Run Off Management Plan from a quantity as well as a quality perspective. He said there are
numerous recommendation for change which will be the basis for future capital improvement programs as
well as the modification of the comprehensive storm sewer system. Mr. Colbert said he would appreciate
an opportunity to discuss the Plan in detail at a workshop session. He said it was an excellent plan and
should serve the City well into the 21st century.
Councilmember Wachter said he looked forward to receiving a detailed summary. He said he was
very happy about the recommended increase in the depth and water retention capabilities of several drainage
basins for water quality and ground water recharge benefit.
Mayor Egan said approval was very relevant considering the storms the City had experienced lately,
in addition to the recent adoption of the Water Quality Management Plan. Mayor Egan asked if the plan
being presented was compatible with the Water Quality Management Plan. Mr. Colbert said they were
prepared simultaneously and, therefore, very closely related.
Gustafson moved, Wachter seconded, a motion to receive the 1990 Comprehensive Storm Water
Management Plan and schedule consideration for formal adoption at the September 18, regular City Council
meeting. Aye: 5 Nay: 0
PUBLIC WORKS/PROJECT 598 (GAL ASE CLIFF PLAZA 2ND ADDITION)
FIRE STATION #5 ACCESS ALTERNATIVES
After introduction by Mayor Egan, City Administrator Hedges said that at the August 7 City
Council meeting, access to the Galaxie Cliff Plaza Addition and how that access related to Galaxie Road
and Fire Station #5 was discussed by the developer and the City. He said Council had requested that
alternatives be studied and brought back for further discussion. He added that Fire Chief Southorn was
recommending Alternate B as workable but no other alternative received a strong recommendation.
Councilmember McCrea then referred to a memorandum in the packet which cited a 53.50 per
square foot cost for the acquisition of Outlot D, should that become necessary. The Councilmember said
she understood the figure to be much lower. The City Administrator said that Staff had since been in
contact with the owner and a lower figure had been quoted.
Councilmember Wachter suggested that the Council consider retaining the existing road layout but
with certain modifications such as widening that section of old Galaxie that accesses the Fire Station. He
said that perhaps widening the road would cost the City acquisition costs; however, Director of Public
Works Colbert said utilizing an existing condition would not necessitate any additional acquisition.
Fire Chief Southorn said that the Fire Station was laid out as it is to utilize the present access to
the station. He said that the use of Alternate A would present an unacceptable situation by taking
volunteer traffic in front of the emergency response vehicles. He said they had no problem with Alternate
B utilizing existing Galaxie as a one -way entrance into the station and exiting on Plaza Drive, if acceptable
to the residents and Council. He said one unfortunate side effect was it would break up Outlot D. The
Fire Chief said the existing condition with both entrance and exit onto old Galaxie is workable but would
be a problem to some of the neighbors who were looking to the exit onto Plaza Drive to eliminate some
of the traffic flow problems in the area.
City Administrator Hedges said it might be possible to consider Alternate B as an alternate bid
which would give the City time to negotiate acquisition. He said it may be possible the City may wish to
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August 21, 1990
acquire Outlot D for future use; however, he said they may find the costs prohibitive. Councilmember
McCrea suggested that perhaps some type of negotiation could be worked out where it would not involve
a cash payment but rather an "in kind" swap. City Administrator Hedges said that Community Development
was suggesting such a negotiation.
Councilmember Gustafson said it was his understanding that Plaza Drive was to line up with West
Wind Trail and that portion of old Galaxie that was to remain, was to be used only by firefighters. The
Councilmember said he did not see a traffic problem with red, emergency vehicles with flashing lights. He
then discussed the associated costs of each of the alternates. Director of Public Works Colbert said there
would be no cost to the City with the existing street layout and the possibility of severance damages would
apply only to Alternate B. Alternate A would be less desirable because the volunteer traffic would cross
in front of the fire doors. Mr. Colbert said it would become an issue of how important it would be to have
emergency vehicles exiting onto Plaza Drive instead of Galaxie Avenue as it presently does because all
responding firemen will still presumably use the present entrance.
Councilmember McCrea said that having two accesses onto Galaxie Road is of concern to the
neighborhood and that was the reasoning behind lining up Plaza Drive with West Wind Trail. The
Councilmember said it is a dangerous road and the first concern was safety.
Councilmember Wachter said it might be a possibility to purchase part of Outlot D to use for
parking. Director of Community Development Runkle said there is a 50' no -build buffer on Galaxie and
would leave very little of Outlot D to be developed. Councilmember Gustafson said that Alternate B would
appear to cost the City the most dollars. He said there would be acquisition costs for that alternate versus
zero costs with one of the other choices. He said he thought lining up Plaza Drive with West Wind Trail
and leaving old Galaxie for fire use only would not go against the wishes of the community. He said he
understood it was the major traffic flow that they were concerned about. Mayor Egan asked if it would be
feasible to vacate old Galaxie and dedicate it as a private driveway easement to the Fire Station. Director
of Public Works Colbert said the northern portion of old Galaxie would be vacated and incorporated into
the plat.
Wachter moved, Egan seconded, a motion to approve Project 598 for the installation of streets and
utilities to service the proposed Galaxie Cliff Plaza 2nd Addition, with an alternate bid to include Fire
Station access as described in Alternate B.
Aye: 5 Nay: 0
A. Personnel Items
00283
1. It was recommended that the contract with David Childers to perform fire inspection tasks for
the City of Eagan be approved.
2. It was recommended that the changes in point totals as indicated by revisions in Time Spent
Profiles for exempt positions be approved and that a compensation level change from exempt level I to
exempt level J for the Recreation Supervisor II and the Senior Engineering Tech/Supervisor be approved
retroactive to January 1, 1990.
3. It was recommended that six months child care leave for Clerical Technician III, Tina Zink, and
Police Investigator, Linda Myhre, be acknowledged.
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August 21, 1990
4. It was recommended that an unpaid leave of absence not to exceed thirty days be approved for
Police Department Clerical Technician, Laurel Larson.
B. 1990 General Fund Budget Adjustments
It was recommended that the 1990 General Fund Budget Adjustments be approved.
C. Deferment of Special Assessments /Olsen
It was recommended that the special assessment deferment for Mrs. Dorothy A. Olsen for parcel
10- 02800- 020 -79 be approved.
D. Deferment of Special Assessments /Coates
It was recommended that the special assessment deferment for Mr. and Mrs. Neil F. Coates for
parcel 10- 78200 -020-01 for Project 466 be approved.
E. Resolutions/Multifamily Residential Land Study
It was recommended that the resolutions pertinent to Multifamily Residential Land Study Areas C,
K and L be approved.
F. Vehicle #131, Receive Bids /Authorize Purchase (4 -Ton Asphalt Roller)
It was recommended that the bids for Vehicle #131 (4 -Ton Asphalt Roller) be received and the
purchase authorized from the appropriate low bidder.
G. Contract 90-09, Receive Bids /Award Contract (West Publishing Wilmus Addition Trunk
Storm Sewer)
It was recommended that the bids be received and Contract 90-09, West Publishing Wilmus
Addition Trunk Storm Sewer, be awarded to the lowest responsible bidder and the Mayor and City Clerk
authorized to execute all related documents.
H. Project 589, Approve Resolution Restricting On- Street parking (Elrene Road)
It was recommended that a resolution restricting on- street parking for Elrene Road under Project
589 be approved and the Mayor and City Clerk authorized to execute all related documents.
I. Contract 89 -05, Approve Change Order #1 (Skyline Road Storm Sewer)
It was recommended that Change Order #1 to Contract 89 -05 be approved and the Mayor and City
Clerk authorized to execute all related documents.
J. Contract 89 -00, Acknowledge Completion George W. Giles Addition (Utilities)
It was recommended that the completion of Contract 89 -QQ (George W. Giles Addition) be
approved and that perpetual maintenance by the City of related public facilities be authorized subject to
appropriate warranty conditions.
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August 21, 1990
It was recommended that Change Order #3 to Contract 90-04 (Coachman Road Right -Turn Lane)
be approved and the Mayor and City Clerk authorized to execute all related documents.
L. Project 572, Receive final Assessment Roll/Order Public Hearing (Lexington Way Street and
Water Main)
It was recommended that the final as ssment roll for Project 572 (Lexington Way Streets
Water Main) be received and the final assessment public hearing be scheduled for September 18, 1990.
M. Project 581, Receive Final Assessment Roll/Order Public Hearing (Hills of Stonebridge 2nd
Addition Trunk Water Main Storm Sewer
It was recommended that the final assessment roll for Project 581 (Hills of Stonebridge 2nd
Addition Trunk Water Main Storm Sewer) be received and the final assessment public hearing be
scheduled for September 18, 1990.
Utilities
K. Contract 90-04, Approve Change Order #3, (Coachman Road Right -Turn Lane)
N. Project 508, Receive Final Assessment Roll/Order Public Hearing (Daniel Drive Streets
It was recommended that the final assessment roll for Project 508 (Daniel Drive Streets
Utilities) be received and the final assessment public hearing scheduled to be held September 18, 1990.
O. Final Plat, Country Hollow Second Addition
0u290
It was recommended that the final plat for Country Hollow Second Addition be approved.
R 90.56
P. Final Plat, Sherwood Downs
It was recommended that the final plat for Sherwood Downs Addition be approved.
Q. Final Plat, Boulder Ridge 2nd Addition
It was recommended that the final plat for Boulder Ridge 2nd Addition be approved.
R. Ratification of Planned Unit Development for West Publishing Company
It was recommended that the Planned Unit Development For West Publishing Company be
approved.
S. Ratification of Fire Department Pension Committee Recommendation
It was recommended that the Fire Department Pension Committee recommendation be ratified.
Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda as presented with
the addition of Items R and S. Aye: 5 Nay: 0
R -90.57
R -90.58
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August 21, 1990
Mr. Ray Nutzmann, 4555 Acorn Street, asked when the boulevard areas would be restored now that
the streetlights had been installed. Director of Public Works Colbert pointed out that in order to keep
costs down, the City had agreed not to restore the boulevards with sod but to seed them only to prevent
erosion and that any further restoration would be the individual responsibility of the property owners. After
further discussion, it was determined that the City had made a concerted effort to save money for the
property owners by not making extensive property restoration a part of the contract. As this was done at
the neighborhood's request, it was the consensus of the Council that the City had met its obligation.
Gustafson moved, Wachter seconded, a motion to close the public hearing and to adopt the final
assessment roll for Project 586, South Oaks Addition Streetlights, and certification to Dakota County was
authorized. Aye: 5 Nay: 0
PROJECT 575/FINAL ASSESSMENT HEARING
SLATERS ACRES JAMES STREET STREETLIGHTS
After introduction by Mayor Egan, the City Administrator said that Project 575, Slaters Acres and
James Street Streetlights, had been completed, the final costs tabulated and the final assessment roll
prepared. Mayor Egan asked if any residents were there to address the issue and none were.
Wachter moved, Pawlenty seconded, a motion to close the public hearing and to approve the final
assessment roll for Project 575, Slaters Acres and James Street Streetlights, and certification to the County
was authorized. Aye: 5 Nay: 0
VACATE DRAINAGE UTILITY EASEMENT
LOTS 3 4, BLOCK 1, SIBLEY TERMINAL INDUSTRIAL PARK
After introduction by Mayor Egan, the City Administrator said the City had received a petition from
the property owner requesting this vacation of the existing drainage and utility easements. Director of
Public Works Colbert went on to say that the existing storm sewer system had been replaced by a storm
system awarded to a contractor with Council action on August 7.
Pawlenty moved, Gustafson seconded, a motion to close the public hearing and to approve the
vacation of the drainage and utility easements as described between Lots 3 and 4, Block 1, Sibley Terminal
Industrial Park subject to the condition that the property owner will provide any additional easement at no
cost to the City and the Mayor and City Clerk authorized to execute all related documents.
Aye: 5 Nay: 0
PROJECT 602/CONSIDER PLANS FOR STAFFORD PLACE
DRAINAGE AND STORM SEWER IMPROVEMENTS
After introduction by Mayor Egan, the City Administrator said that the item before the Council
did not require any history. At the August 7 City Council meeting, direction was given to ask our
consulting engineers to put together an ultimate design for storm sewer improvements to Stafford Place.
Director of Public Works Colbert said that the problem in Stafford Place was associated with
excessive surface water run -off being concentrated in the north central portion of the development. He said
that Staff had evaluated the storm sewer system to find that the internal laterals are designed for five year
frequency storm water run off. What has been experienced are high intensity, short duration, unexpected
rainfalls that are greater than what the five -year event system can handle and has resulted in excessive
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August 21, 1990
surface water run -off. After a detailed analysis of the overall drainage basin, Mr. Colbert said there were
three primary solutions that should be taken into consideration: 1) try to separate out the size of the
drainage districts that go into that central point, 2) try to detain as much of the surface water run -off and
hold it back until the storm sewer system can take it, and 3) provide additional storm sewer capacity down
the hillside or through the highly erodible areas. He said there were eight, individual projects that could
approach each of the three, general solutions. The concepts were presented to the neighborhood group at
a meeting and with the developer and his engineer. He said a letter had been received from a homeowner
expressing concerns regarding a detention basin proposed in a backyard area.
Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, said that when they left the Council
meeting on August 7, they left the meeting with the understanding that they would provide an improvement
that would fix the flooding, the overland drainage, flooding of Northview Park Road and Braddock Trail,
the exiting of the storm water from the existing storm sewer system, and the solution was not to be a band
aid or a quick fix project. He said the improvement discussed at the last meeting was still valid; however,
the improvements they would be discussing this evening were the ultimate improvements and would correct
the problems in Stafford Place. He said designing a system in an existing area is a challenge because when
dealing with existing grades and a lot of property owners it becomes very difficult to build a cost- effective
improvement.
He said there are two large, drainage areas upstream which direct run -off to New York and
Vermont Avenues. The only retention of storm water, which is the best way to correct storm water
problems, occurs in the streets. This has not been acceptable when the streets are collector type streets.
Additional problems occur with the overland drainage when these large drainage areas discharge to one focal
point which is an area between homes and on a steep grade. The water then continues down to Northview
Park Road where a very large drainage area forces overland drainage to occur out to Trotters Ridge Road
and flooding of Northview Park Road becomes excessive. He said two of the major improvements to the
system would take all the drainage on Braddock Trail down to its low point so that the overland drainage
of Braddock Trail would be directed along the school property over to Northview Park Road. The school
has said they would berm the parking lot and install speed bumps to keep drainage into the roadway at a
minimum. Secondly, the overland drainage on Pennsylvania Avenue at States Avenue, would be taken down
Pennsylvania and only the drainage which would be coming into the storm sewer system would come down
to New York and Vermont. In doing that, the overland drainage would be removed from two substantial
districts which are presently directed to New York and Vermont. Then at the focal point where problems
are now occurring, three overland drainage points would be created. At Vermont the overland drainage
would be directed into an area where detention basins are proposed in the backyards.
A breakdown of the costs of these improvements are included in the Preliminary Feasibility Report
and are lettered A through H (See Exhibit A). Mr. Hanson said various combinations of the suggested
improvements could be included with the project.
Director of Public Works Colbert said that storm sewers are designed to carry storm water for a
5 or 10 year event and, based on the best information they have, anything that exceeds that is expected
to be conveyed overland. What they are attempting to do, however, is to insure that this overland
conveyance does not result in property damage. The property damage that is being experienced, Mr. Colbert
said, has occurred because of the volume of water that has gone over a steep grade in an erodible backyard
area. The improvements will redirect some of the excess surface water run off away from concentrated
areas, will detain what gets there until it can be released in a reasonable manner, and then convey it down
the slope in a conduit or closed pipe system, thereby eliminating the erosion. The improvements are
expected to handle the 100 year frequency of overland drainage. Once the excess run off reaches the bottom
of the hill at the intersection of Short Line and Pennsylvania, it is acceptable to convey that run off through
a street. Temporary flooding of intersections is expected in storm sewer design which does not mean the
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August 21, 1990
storm sewer is not properly designed. What is happening in Stafford Place is that once the small detention
intersection floodings exceed their capacity, there is an unacceptable method of conveying the surface water
run off down backyard areas. Mr. Colbert said the problems have been accentuated by the development
not being completed resulting in storm water being shed quickly. He said as sod and landscaping are
developed, it would have a significant impact on retaining and holding back the excess surface water run
off. He said this would result in less clogging of the system which has even further restricted the available
storm sewer capacity. He said with the improvements included in the first part of the proposal, the
subdivision should be able to function with the same level of design as is provided for the rest of the City.
Mayor Egan said that one of the concerns is that the City has gone from a retention basin of zero
acre feet to 1.62 with the proposed plan. He asked if that was now being increased to 4.2 acre feet. Mark
Hanson said that with the present situation it would be difficult to achieve anything more than 2 acre feet
but they were attempting to show what could be accomplished with just a small increase in storage capacity.
Mayor Egan asked if the design location of the detention basins had changed. Mr. Hanson said that in
order to minimize the disturbed areas in the backyards, they were proposing to move the basins a little
further north.
Mayor Egan said he thought it should be pointed out that the report indicates that the
recommendations are feasible from an engineering standpoint; however, the costs would stretch economic
feasibility. He added that the report also goes on to say there are no demonstrable City means to finance
it. Mayor Egan asked the Director of Finance, if assuming that the portions of the project, A through E
are assessable, and assuming that F, G and H go beyond the City standards and are likely not to be
assessable, would the City run into problems with its auditors if the project exceeded by three times that
which is assessable because there would not be the required demonstrated benefit? The Director of Finance
said the auditors would look at the expenditure as any other and whether it is an appropriate City
expenditure or for appropriate City uses and would not get into a judgmental area as to whether it is
something that should be done or whether it is an appropriate use of City resources.
Councilmember Wachter asked if Item H shouldn't be included with the project. Councilmember
Gustafson said that residents have asked that the storm sewer problems be fixed as well as making
restitution for sod and landscaping that have been washed out. He asked whether the amount included for
restitution was sufficient. He said the Council would need to know what those costs are going to be and,
if they are included, to what extent.
Councilmember Pawlenty then asked what happens to the water that comes out of the sewer at
Short Line if the project is not completed all the way. Mr. Hanson said the system would have to be
designed to provide the outlet of water as well as the inlet because 60 cfs of water would have to be taken
outside of the storm sewer system and put into the street. It would run down Short Line to the low point
in Northview Park Road and then would overflow to the drainage swale that exists in Trotters Ridge.
Councilmember Pawlenty said that this design then does not address the flooding of Northview Park Road.
Mr. Hanson said if Parts F and G are removed, that was correct. Mr. Hanson said one of the things they
still want to investigate is working with the Trotters Ridge development to see if they could improve it so
that the flooding is not quite so dramatic and to do that through grading rather than through the storm
sewer system. Councilmember Pawlenty said that leaving Northview Park Road without addressing the
flooding would be a questionable decision. Mr. Colbert said it is not unusual during high intensity rain falls
to have flooded intersections. He said it would be very expensive to construct storm sewer at each of the
low points in order to maintain traffic throughout the community through any kind of rain storm. He said
that if flooding does occur, it is of very short duration. Mr. Colbert said he did not feel it would be cost
effective as long as there has been no structural damage.
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Councilmember Pawlenty asked Director of Public Works Colbert if he had had an opportunity to
respond to John Griggs' letter. Mr. Colbert said Mr. Griggs' concern was with the effect of the berm
construction due to the topography. However, it was found that if the berm were moved slightly to the
north, it would enhance the drainage retention capabilities and eliminate the construction limits from
encroaching on the Griggs' property.
Mr. John Griggs of 4091 Vermont said he believed that once turf grass is established in the entire
area it would greatly improve the run off situation. He said when one considers what is being achieved with
just the implementation of Parts A and B and the percent of reduction in the critical drainage district and
then consider that the entire area will eventually be sodded, a significant improvement has been achieved.
He added that in light of this, he questioned how much detention basins would be needed. Mr. Griggs said
he supported the implementation of Parts A, B, C, D, E and H and would like to see the details.
Mr. Gordy said that the big project is the storm sewer. He said he was not directly
affected by their installation but was more interested in restoration. He said he was part of the area heavily
damaged by the storms and would like to see Part H implemented.
Mr. Greg Johnson of 816 Short Line said he is most interested in the Trotters Ridge Road area
where the water exits. He said demands cannot be made on that area yet because there is no sod.
However, he questioned why that area couldn't drain directly into the lake across from the new
development. He said A through E looked great, but F may be too costly. He said he was concerned
about the emptying points in Trotters Ridge. Mark Hanson said ideally that if Trotters Ridge could
overflow into the pond as opposed to around the corner back into Northview Park Road, that would be
the best situation. He said if they could work with that developer, it could help the low point in Northview
Park Road also.
Mr. Blaine Duxberry asked what rainfall would result in water being retained in the detention
basins. Mr. Hanson said approximately 23 cfs would be retained for a 100 year event. Mr. Duxberry said
his backyard is currently being used to collect storm water. He said he supports the proposal but is nervous
about the detention ponds. He asked if the City is looking to upgrading the criteria for storm sewers. Mr.
Hanson said that if they took costs such as these to a developer, it would make the development no longer
feasible.
Councilmember Gustafson asked how much water would be retained in the basins after a rain of
2" over a four hour period? Mr. Hanson said by reducing the drainage areas, he would question whether
any rain would be retained. The Councilmember said it was his understanding of the improvements that
there would be occasional flooding but without the erosion damage. Mr. Colbert said the vast majority of
high intensity rainfalls would be handled with the reduction of the drainage areas and with the
improvements. He said it would only be the 100 year event that would see any ponding in the detention
basins.
Mr. Duxberry said he could not be certain that there was no structural damage. He asked if
anyone could check. Mr. Hedges said the City did not have any structural engineers but could have
someone from Building Inspections look at these homes, at their request, with the understanding that they
are not structural engineers.
Ms. Kathleen Griggs, 4091 Vermont, asked whether with the new berm it was still intended to flood
into their backyard area. She said encroachment would occur in their entire backyard. She would like
easement details as soon as possible as a 35' encroachment would be excessive. She also questioned whether
such deep, dry ponds would be necessary if the drainage area was reduced by 50 Mr. Hanson said the
retention basin was designed to be 4 12' at its deepest point. He said if the detention basins are built
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August 21, 1990
and if 40 cfs comes into the area for a 100 year event, then the 60 cfs pipe that is being built down the
ravine could carry 100 cfs and give them the opportunity to get the water into the pipe. Mr. Hanson said
that if in fact that is accomplished, then instead of releasing the 60 cfs into Short Line to overflow down
the roadway, they would now be releasing 100 cfs because that is how much water could be retained there
for that 100 year event. It is a very significant improvement and he could not emphasize enough how
strongly the retention basins were needed. He said they did not feel the retention basins would be
detrimental. Mr. Colbert said they were attempting to spread the burden so it would not be a hardship on
any one particular property owner.
One resident asked if sodding would be included with these improvements. Mr. Hanson said that
it was included wherever the sod was disturbed by the construction. The resident asked how deep the water
would run at Short Line. Mr. Hanson said no more than 4' for less than an hour for a 100 year event.
The resident then asked Mark Parranto if Rottland Homes was buying the rest of the development.
Mr. Mark Parranto said he was not involved and they would have to ask Frontier. He said to his
knowledge they have not signed a contract. A respresentative of Frontier said they were negotiating.
The resident then said he would not sign off for any easement without any erosion control
measures. Mr. Colbert said he understood the concern but there would be erosion until the last house is
built and turf established. He said that if the concepts are approved, they would request that detailed plans
and specifications be prepared and come back for formal approval on September 18 and hope to award a
contract on October 16. Construction could then begin around November 1 with completion by
Thanksgiving or the first part of December, weather permitting. Restoration could then be completed the
following spring. Because so many property owners are involved, without 100% cooperation, 100% of the
project will not be completed in the shortest time possible. If there are concerns or reluctance, Mr. Colbert
suggested that the contract award wait until concurrence is received from all affected property owners. He
suggested that the contract not be awarded until the rights of entry and authorization have been received
to do so. He said the City stands ready to make these improvements to correct and resolve this situation
as quickly as possible but they would need everyone's cooperation. The resident said he agreed but asked
if some erosion control measures shouldn't be standard procedure. Mr. Colbert said that some of the
erosion control measures used to alleviate the situation, such as, haybales and siltation fences had plugged
the catch basins and had contributed to the problem with the flooding at the school.
Mr. Parranto said that the dirty water was coming off the undeveloped lots. He said they had
solved the problem in another subdivision he is involved in by putting down three feet of sod along the
edge of the lots and it seemed to be working. He said they are grading off the first few feet on all lots
upstream and the sod is catching the sand that seems to wash off the lots. Mr. Parranto then turned his
attention to the project before the Council and asked how the City intended to pay for these improvements.
He asked the City Council what their position was on the issue. He said Staff had to admit that the storm
sewer pipes do what they were designed to do. He said there have been no problems with normal rain but
problems were experienced with the last three rains which were 100 year events. Mr. Parranto said no
storm sewer system in the City can handle a 100 year event. He asked why it was necessary to make such
extensive changes and who was going to pay.
Councilmember Pawlenty asked Mr. Parranto if he was saying that nothing needs to be done in
Stafford Place. Mr. Parranto said all the problems were experienced during 100 year events. He said that
several grading problems had occurred and several changes had been made in the grade. He said the
solution could be confined to erosion correction and getting the water down the hill. He said in each case
where there was erosion damage, it was a property that was not sodded. Councilmember Pawlenty said
it was more than just erosion problems and that something needed to be done. He asked Mr. Parranto
what he thought should be done. Mr. Parranto said the problem has occurred before but they do not design
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to the 100 year storm. He said the system had been built as required to a 5 year design. He said certain
manholes were taken out at the City's consulting engineer's request and, he said, that this and all other
changes were approved by the City's consulting engineer. He said he would suggest putting in 27" piping
on top of the existing 27" line and add additional catch basins.
Wachter moved, McCrea seconded, a motion to approve the concept drainage and storm sewer plans
for Parts A, B, C, D, E and H (see Exhibit A) for Project 602, Stafford Place, and authorized the
preparation of detailed plans and specifications. Aye: 5 Nay: 0
AGREEMENT/COST PARTICIPATION
FAIRWAY HIILS 2ND AND DAKOTA COUNTY
After introduction by Mayor Egan, City Administrator Hedges said that the City had been working
on an agreement with the developer of Fairway Hills for the cost of the frontage road used during the
upgrade of Pilot Knob Road between Camelback Drive and Interlachen Boulevard. A final settlement of
$24,196.87 will be recommended to the County Board for their acceptance and approval. The developer
will pay to the City, 55% of City- incurred legal, engineering and staff fees on the project, or $3,973.33. Mr.
Al Herrmann of Bridlewilde Joint Venture has agreed to this settlement.
Wachter moved, Gustafson seconded, a motion to approve the City's agreement to the proposed
settlement for Fairway Hills 2nd Addition contingent upon Dakota County acceptance. Aye: 5 Nay: 0
With the approval of the agenda, the City Council agreed to hear Item 3 of the Administrative
Agenda at this time for the convenience of the developer.
FINAL PLAT/FAIRWAY HILLS 3RD ADDITION
After introduction by Mayor Egan, the City Administrator said that in addition to a request for the
approval of the final plat for Fairway Hills 3rd Addition, what was at issue was an additional clause the
developer would like placed in the development agreement that would require the City of Eagan to be
accountable for the cost of any design changes that occur during construction of utilities and streets once
the engineering plans and specifications are submitted by the developer's engineer and have been given a
stamp of approval by the City's engineering or consultant staff. Mr. Hedges said that it was the
recommendation of the City Attorney that this language would not be in the best interests of the City
and, therefore, should not be included as a part of the development agreement.
Mr. Al Herrmann, the developer of Fairway Hills 3rd Addition, said he believed that contracts
should work in both party's favor. He said that twice plans have received approval by the City and if these
plans were carried out with good workmanship with minor adjustments, then once they are in, the developer
should not have to come in and incur additional costs that they did not intend. Mr. Herrmann said it was
costly to the developer when they put a price out and then have to make corrections of $1,000 per lot. He
said he believed contracts should protect the City, of course, but they should also protect the developer.
He said he believed that somewhere in the contract it should say that if the contract is performed as has
been asked, and checked and rechecked, then the developer should be protected too. He said he would
prefer to see this language in the development agreement. He would be happy to sign the development
agreement if this clause was included; however, he was not saying that he wouldn't sign it if it was not
included.
City Attorney Sheldon said that this type of language would place the City at a disadvantage. He
said that it is one thing to design the system versus checking someone else's design for that system. He
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said the City would be unwilling to use that type of language in the development agreement if they are not
the designer and the builder. Mr. Sheldon said that the person who designs and constructs the system
should be the one ultimately responsible for the viability of the system. He also asked who should bear
the risk and liability if the system does not work. The City Attorney said that if the City were to design
and develop the system, they would be expected to bear the responsibility; however, if the developer is the
designer and the developer of the system, then they should bear the responsibility. Mr. Herrmann wished
to make the point that once the system was in and completed in a workmanship -like manner, and the City
had checked it, his responsibility should be limited to that point. The Director of Public Works, Tom
Colbert, said that if the City were to come back with a change, it would mean that the system obviously
did not work and if it didn't work, it wasn't the checking that was the problem but the design. Mr. Colbert
said that if the system didn't work, it had to be a flaw in the design or construction. Mayor Egan made
the point that the City may very well look to the developer of Stafford Place for correction of the problems
in that project. He said they have not signed off the responsibility of the developer for the design of that
system.
Councilmember Gustafson said that a few years ago, the City looked at having all infrastructure
designed and installed by the City. The Councilmember said he had voted against that proposal so that
developers would have the flexibility of putting in the systems themselves. With that flexibility, however,
came the responsibility to assure that the systems worked.
Gustafson moved, McCrea seconded, a motion to approve the Fairway Hills 3rd Addition final plat
without the language as proposed by the developer. Aye: 5 Nay: 0 R 90.59
RENEWALS/TRAILER PERMITS
After introduction by Mayor Egan, City Administrator Hedges said that at the July 10, 1990, City
Council meeting, the City Council directed staff to contact Tripp Oil Company, Lyle Schultz and American
Homes and require that they show cause why their trailer permits should be renewed.
Wachter moved, Egan seconded, a motion to approve a one -year trailer permit for Lyle Schultz for
a residential trailer at 1315 Carriage Hills Drive. Aye: 5 Nay: 0
After Councilmember Wachter questioned how much longer a trailer permit would be required by
Tripp Oil Company, McCrea moved, Gustafson seconded, a motion to approve a one -year trailer permit for
Tripp Oil Company for a trailer located at 3085 Highway 13. Aye: 4 Nay: 1 (Wachter)
Mr. Steven Isaacson of American Homes then discussed the trailer permit held by his company.
He said he had sold the business a year ago and it had been purchased by Dakota Homes, which has since
gone out of business. Mr. Isaacson said he has a sales lot permit and he is attempting to sell the remaining
trailers. Mr. Isaacson said he was not certain how much longer he would require a permit but he would
like to maintain it for at least one more year. He pointed out that his sales lot was in an industrial area.
Mayor Egan asked Mr. Isaacson if he was allowed to remain one more year, could he get the rest
of the trailers sold. Mr. Isaacson said that he pays commercial taxes and did not understand why he could
not maintain his sales lot permit indefinitely. After all, he said he does not pollute and the area does not
look unsightly.
Wachter moved, McCrea seconded, a motion to approve a one -year (or less) trailer permit for
American Homes located at 3660 Dodd Road. Aye: 5 Nay: 0
0
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COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA J/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said the item had been considered at the
July 17 City Council meeting. At that time, the City Attorney had been directed by the City Council to
prepare a memorandum of findings. Mr. Hedges said the memorandum had been prepared and distributed
to the City Council. He also pointed out that a letter had been received from the property owner and that
they were in agreement with this change.
After consideration of the City Attorney's findings, Gustafson moved, Wachter seconded, a motion
to deny the Comprehensive Guide Plan Amendment and Rezoning of Area J of the Multifamily Residential
Land Study. Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/JONATHAN YANTA
00298
After introduction by Mayor Egan, City Administrator Hedges said Mr. Yanta had applied for a
permit in the past and had received approval. Mr. Hedges said that staff had reviewed the application and
it is in order. The Chief of Police recommended approval subject to the applicant's providing a list of
names and license numbers of those persons in Mr. Yanta's hunting party.
Gustafson moved, Pawlenty seconded, a motion to approve a request by Jonathan Yanta for a
special hunting permit for property owned by Joe Kenneally located in the south half of Section 18 between
old Cedar Avenue and the Burlington Northern Railroad tracks on the condition that the applicant supply
the names and license numbers of those in his hunting party. Aye: 5 Nay: 0
RENEWAL/GENERAL LIABILITY/WORKERS COMPENSATION
INSURANCE JULY 1, 1990 JUNE 30, 1991
After introduction by Mayor Egan, the City Administrator said that the renewal involved a
substantial change in rates. Mr. Hedges then introduced Jeff Bowers of First Insurance for a brief
presentation and then to answer questions.
Mr. Bowers said that most of the information in the packet was self explanatory and that the City
had a claims -made policy. He said they had pursued higher deductible options, however, he did not feel
they were economically wise at this time. Mr. Bowers said that the City has to take a more self insured
posture. He went on to say that the biggest area of concern was workers compensation. Mr. Bowers stated
that it was the result of three factors: 1) the total estimated payroll had increased, 2) the rates per $100
of payroll had increased substantially (which is outside of City- control), and 3) the City's experience modifier
had increased from 1.01 to 1.09.
City Administrator Hedges said that staff had discussed a higher deductible and the City is at the
threshold. He went on to say that the City is not quite big enough to take the step; however, it is not so
small that they shouldn't be looking at it.
Mayor Egan expressed concerns about the rate increase for workers compensation. He asked Mr.
Bowers if he was satisfied that with proper risk management the City could get workers compensation
more into line. Mr. Bowers said the City had no control over the rates; however, the experience modifier
factor could be worked on. He said it would be beneficial to the City to control the loss from these costs
from the beginning.
Page 14/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Pawlenty moved, Gustafson seconded, a motion to approve as presented, the 1990/1991 general
liability/workers compensation renewal package. Aye: 5 Nay: 0
CERTIFICATION OF PROPOSED 1991 BUDGET PROPERTY TAX LEVY
After introduction by Mayor Egan, the City Administrator said that in order to be in compliance
with the truth in taxation laws, the City must submit to the County Auditor its proposed property tax levy
for payable 1991 on or before September 1, 1990. Mr. Hedges went on to say that the request before the
Council was to give consideration to the proposed budget and adopt the levy of 1990 real estate taxes for
payable 1991. The City Administrator wished to point out that an $80,000 levy for equipment certificates
was also included for payable 1991. Mr. Hedges said that the levy for the certificates did not have to be
used but it could not be added later. He said it could always be deleted if Council so desired.
Gustafson moved, Wachter seconded, a motion to approve the proposed 1991 Budget and the
proposed levy for payable 1991 real estate taxes. Aye: 5 Nay: 0 R 90.60
CERTIFICATION OF 1991 BUDGET PUBLIC HEARING
AND CONTINUATION HEARING DATES
After introduction by Mayor Egan, the City Administrator said that the public hearing dates are
required by State law to be set by our jurisdiction and must be set for a date between November 15 and
December 20. It is required that the initial public hearing be set and a continuation date set in the event
it is necessary. The City Administrator said the City Council should give consideration to December 4, a
regular City Council meeting, as the public hearing date and, if necessary, a special meeting could be held
on December 11, 1990.
McCrea moved, Pawlenty seconded, a motion to set the 1991 budget public hearing date as
December 4, 1990, and the continuation hearing date as December 11, 1990, and authorized the City Clerk
to certify the dates to the County Auditor. Aye: 5 Nay: 0
VARIANCE/PRELIMINARY PLAT
HILL OF STONEBRIDGE 3RD ADDITION
After introduction by Mayor Egan, the City Administrator said this was a variance to allow a cul
de sac in excess of 500', thereby revising the preliminary plat for Hills of Stonebridge 3rd Addition. He
said that the purpose of this variance was to permit overland drainage trails to be designed along rear lot
lines rather than using front and side yard drainage. Mr. Hedges said that upon completion of subsequent
phases of this development, Barrow Court will provide an additional outlet to Diffley Road ultimately
eliminating the need for this variance.
Larry Guthrie representing the developer, apologized for the lateness of a letter that he distributed
to the Council. Mr. Guthrie said they were not aware of any opposition to their application until yesterday.
He said he wished to raise the issue of Stafford Place as being why they are against the through street
versus the cul de sac. He said that with the cul de sac design, there would be a swale in the backyards
and with a 100 year event, the basement floors would be above the swale. With a through street, the
overland run off would go over the streets and sideyards. He said the real danger of sideyard easements
are the encroachments over time of landscaping and the possibility of a resulting change in the drainage
patterns. He said they oppose the through street design because of that and the cul de sac is the preferred
method. He also said he did not believe a variance would be required because it would be required only
if the cul de sac was to be permanent and this is not designed to be permanent. He said their major
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003C 0
concern is getting final plat approval. Mr. Guthrie said the through street design was approved with the
preliminary plat last April and now it is almost September and they do not know which way the City wants
to go. He said they would like to be at the next City Council meeting and get final approval.
Director of Public Works Colbert said that from a Public Works Engineering perspective, he had
concerns regarding the 20 depth of the sanitary sewer at the end of the cul de sac and the overdepth
watermain between houses. He said that would inhibit the ability to have access to any problems as the
houses settled or accessibility for any future corrective maintenance. He said with a through street, the
utilities would be in the public right of way in the street. In addition, without a through street, most of
the traffic would go through the Stafford Place development.
Mayor Egan then asked about the JP -27 issue. He said Mr. Guthrie's letter indicated an offer
regarding the cost of the storm sewer portion of this development and the question of whether or not this
project drains into or is burdened by JP -27. He said there seemed to be an effort to leverage the issue
before the Council with that issue. City Attorney Sheldon said that the direction from Council was that
the process move forward with the requirement that the developer pay half the costs or a specified dollar
amount and that was the process under which the City has been proceeding. He said the City intended to
proceed that way unless and until the Council changed their direction.
Councilmember Gustafson questioned whether the action to be considered addressed the issue. He
said the question seemed to be whether or not the road should go through and not a variance for a cul de
sac. Mayor Egan added that it appeared this to be a forum for expediting the approval of the final plat.
Mr. Guthrie said they have talked of participating in solving the JP -27 issue. He said they made
an offer to participate in half the estimated costs for JP -27 but they had wanted the final plat approval and
the issue resolved by the August 7 City Council meeting. He said they have now formally withdrawn the
offer. He said his client was still willing to participate along those lines but before resubmitting the offer
would like to be told that the City Council is ready to give final approval to the plat. He said he would
like to see everything done by the next City Council meeting and then they would decide whether they had
been delayed too much so it wouldn't make any difference to them and they would fight the JP -27 issue
as well as address the final plat approval. Mr. Guthrie said they wanted to be on record because they have
Stafford Place types of concerns that if flooding occurs in the future and the City Council asked who erred,
they want to be able to say they had recommended the overland drainage route. In answer to
Councilmember Gustafson's question, Director of Public Works Colbert said staff did not believe the
continuation of the road would have a detrimental impact on overland drainage.
Councilmember Gustafson asked Mr. Guthrie how they would respond to Staff concerns regarding
overdepth utility lines. Mr. Guthrie said that the manholes will be in the street and it will be the lines
going along the lot lines. Mr. Guthrie said Mr. Colbert had indicated that there had been claims in the
past when sewer lines had gone along lot lines. Mr. Guthrie said they have one of those claims before the
City and it is not being recognized by the City. He said the City's recognizing this claim is also a condition
of their participation of JP -27. Mr. Colbert said there had been on -going discussions and negotiations in
regard to the settlement of that claim; however, it would be more accurate to say that the City does not
accept that claim. Mr. Colbert said the mere fact that the claim has been submitted should be a major
reason the City should not allow a similar situation to occur and result in another claim. Mr. Colbert also
wished to add that Staff had not delayed the final plat but Mr. Guthrie's client had submitted revisions that
the City does not feel approvals have been granted for. He said if the original plans and original plat had
been submitted, it could have been processed. Mr. Guthrie said the original plan would have gone through
if the City had not requested to resolve JP -27 and require them to submit an application for a feasibility
report for JP -27.
Page 16/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet
to revise the preliminary plat for Hills of Stonebridge 3rd Addition.
Mayor Egan said the issue of JP -27 would have to be resolved before the final plat is approve,
however, it was not the issue before the Council.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
FINASERVE INC. ADDITION
Mayor Egan introduced the item and the City Administrator said that the Advisory Planning
Commission had recommended approval.
Director of Community Development Runkle said that in reviewing the building permit for
improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that
because of the improvements, platting is required. A conditional use permit is also needed for the existing
pylon sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since
the Advisory Planning Commission meeting, the issue of two pylon signs had been resolved.
Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner
and better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and
the Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate
one of the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the
platting requirements and that had set their construction schedule back. He said they were anticipating
problems with the final plat because of the survey discrepancy which will have to be approved by the
County. Because it will delay their construction, they are requesting that a building permit be issued in
addition to a certificate of occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow
regarding the torrens certificate to correct the legal description. Mr. Sheldon said there would be no
problem with the building permit but the issue of the certificate of occupancy should wait until they are
ready to occupy and the City has an idea of where they are in terms of their development and their
proceedings subsequent to certificate and correction of the title.
Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Finaserve, Inc.,
Addition/Fina Oil Chemical Company consisting of approximately 1.7 acres for a motor fuel station. Aye:
5 Nay: 0
Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign
and motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section
12. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA A/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said this was one of the parcels being
examined throughout the City as a part of the Multifamily Residential Land Study.
Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue
and no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in
agreement with the proposed changes.
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Page I7/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan
Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the
findings of fact by the City Attorney.
Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel,
and questioned whether the Council should proceed without a more definitive legal opinion from the City
Attorney. City Attorney said they had been of the opinion that they not prepare findings until the Council
has had the ultimate presentation on the matter and whatever information comes out of that would be the
direct findings. Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion
before action is taken and action on the final approval delayed until they have received those findings. City
Administrator Hedges said said that perhaps the action should be that the City Council directed the City
Attorney to prepare the legal opinion and findings and then it could come back as a ratification. Mr.
Hedges said that Staff would contact Mr. Kennedy to see if there were any objections the City should be
aware of.
Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan
Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the
findings of fact by the City Attorney. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY
Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan
Amendment for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings
of fact by the City Attorney. Aye: 5 Nay: 0
ADMINISTRATIVE
DRIVEWAY AGREEMENT/PARCEL 033-03
The City Administrator said that Staff had been working with this individual and they were anxious
to proceed with construction.
After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion
to approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr.
Brad Stricker subject to the following conditions:
1. That if the applicant wishes to further subdivide his property, platting will be required.
2. That the applicant will rezone the property to an R -1 (Single Family) District.
Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative
Agenda and that he could not vote in favor of it. Aye: 3 Nay: 2 (Egan Pawlenty)
UPGRADING OF CLIFF ROAD WEST OF I -35E
Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the
rescheduling of the upgrade of Cliff Road, west of I -35E from a 1992 project to a 1991 project. Aye: 5
Nay: 0
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Page 18/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Heard.
AUTHORIZATION/PURCHASE OF EIGHT 1991 SQUAD CARS
McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin
County Joint Purchasing Agreement to commit to the 1991 purchase of eight (8) squad cars. Aye: 5 Nay:
0
VISITORS TO BE HEARD
As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be
CARLSON LAKE PARK
City Administrator Hedges said that Neil Raisanen had approached the City Council at their last
meeting regarding the removal of a number of trees with the Carlson Lake park improvements. He said
at that meeting, the Council had asked that no additional trees be removed. The City Council discussed
the issue further at a work session on August 9 and at that time, Landscape Architect/Parks Planner Steve
Sullivan provided background. Mr. Hedges said that an on -site meeting was held with a number of residents
on August 20.
Mayor Egan said that he is pro park development and wanted to see the park system developed
as planned. But, he added, none of the 30+ parks that have been developed in the City to date has been
so dramatic or created such intense emotions as this one has. The Mayor said some of the issues could
have been handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area
near the lake. In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and
was a 20' construction zone necessary. He said it was a neighborhood park and no one had requested that
the park be developed so intensely and perhaps the issue should have been looked at more carefully.
Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting
the following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment
and 4) spend money on reforestation. He asked that the park be returned to what it was.
After additional discussion, Councilmember Gustafson asked what the budget was for this park.
He said he would not be in favor of spending more than what was budgeted. The Councilmember said the
Parks Department should be authorized to work with the neighbors and agree on a plan within the
boundaries of budgetary constraints.
Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back
to the Advisory Parks and Recreation Commission for the purposes of revising the plans for development
to a passive nature, to authorize the preparation of the appropriate change orders and to stay any further
construction on the park.
Director of Parks and Recreation Vraa said the contractor has other work with the City and has
been shifted to other parks. Staff is attempting not to incur any damages but a change order will have
to be negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there
will be a cost savings but other costs may be incurred.
Aye: 5 Nay: 0
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August 21, 1990
HELEN TILLERY PROPERTY/DRAINAGE CONCERNS
Ms. Helen Tillery, who was also present at the August 7 meeting, said that her property was
experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her
property was constructed too high. She said this had caused run off problems as the water was then
diverted onto her property washing out landscaping in that portion of her yard.
Director of Public Works Colbert said two plans were submitted with the plat for the Hills of
Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a
common lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the
development did not provide for grades that would have allowed the construction of this common drainage
swale along the back lot line. In the development agreement for the Hills of Stonebridge, the developer
was responsible for grading the public right of way that would incorporate the streets, utilities and trail.
He said Staffs contention is, that if the trailway is 10" too high, it was constructed to that higher elevation
by the developer who did all the grading in the area. The City placed a trailway on top of grades that
were provided by the developer. The trail was constructed in 1989, the home to the north was not occupied
until August 1989, and at that point the existing elevation was shown as higher than what the proposed
elevation was to be. Mr. Colbert added that once the trailway was constructed, it did not preclude the
property owners or the developer from matching the grade that was originally provided to the City in the
final detailed landscaping and drainage of each lot.
After continuing the discussion, the Director of Public Works said with minor modifications, he was
of the opinion the drainage problems could be easily corrected. He said that a change in the grading of
the berm in the backyard area would take the water over the path and out into the street as originally
intended.
City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface
water drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the
homeowner has to deal with their own drainage pattern. He said it was similar to individual builder/lot
owner problems.
Gustafson moved, Pawlenty seconded, a motion to direct the builder /developer to take corrective
action at their expense as to the berm and lowering of the pathway if necessary and that this action be
taken in accordance with City standards. Aye: 5 Nay: 0
RESOLUTION/MINNESOTA PUBLIC RADIO
Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the
location of their radio towers. He said they had requested that the City Council approve a resolution
endorsing this second site. Councilmember Gustafson said in its present form, he did not believe the
resolution was what Council wished to say. After further discussion, the City Council determined that it
would be inappropriate to take any action on the resolution prior to the public hearing pending before
the Advisory Planning Commission.
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the
amount of $686,428.26. Aye: 5 Nay: 0
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Page 20/EAGAN CITY COUNCIL MINUTES
August 21, 1990
ADJOURNMENT
The meeting was adjourned at 12:30 a.m. on August 22, 1990.
EAG
E. anOverbeke, City Clerk
00305
KF
EXHIBIT A
FEASIBILITY 00306
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. A summary of the recommended improvements are listed
below:
A.) Overland Drainage Swale -Vest side Braddock Trail 17,470
B.) Street Reconstruction 30,660
C.) Retention Basin Overland Swale from Vermont 38,290
D.) New York Vermont Additional catch basins 11,650
E.) Ravine Junction MH to Shortline /Pennsylvania 28,680
F.) Shortline /Pennsylvania to Low Point Northviev Park Road 123,700
G.) Low Point in Northviev Park Road to Pond JP -21 217,940
H.) Eroded areas outside construction limits 5.260
TOTAL $473,650
The total estimated project cost includes contingencies and all related
overhead. Overhead costs are estimated at 302 and incude legal, engineering,
administration, and bond interest.
ALTERNATE IMPROVEMENTS
The previously recommended improvements will improve the storm water
drainage system to about the level of performance that we believe is
consistent with good storm drainage management practices and to the standard
expected by the residents. Therefore, the recommendations are 'feasible from
an engineering standpoint.' However, the cost of the improvements ($473,650)
stretches economic feasiblity. In any engineering design there is a need to
balance:
RPT49511
Page 7.
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August 21, 1990
0 301
Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet to
revise the preliminary plat for Hills of Stonebridge 3rd Addition.
Mayor Egan said the issue of JP -27 would have to be resolved before the final plat is approved, however,
it was not the issue before the Council.
Aye: 5 Nay. 0
PRELIMINARY PLAT /CONDITIONAL USE PERMIT
FINASERVE INC. ADDITION
Mayor Egan introduced the item and the CityAdministrator said that the Advisory Planning Commission
had recommended approval.
Director of Community Development Runkle said that in reviewing the building permit for
improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that
because of the improvements, platting is required. A conditional use permit is also needed for the existing pylon
sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since the Advisory
Planning Commission meeting, the issue of two pylon signs had been resolved.
Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner and
better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and the
Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate one of
the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the platting
requirements and that had set their construction schedule back. He said they were anticipating problems with
the final plat because of the survey discrepancy which will have to be approved by the County. Because it will
delay their construction, they are requesting that a building permit be issued in addition to a certificate of
occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow regarding the torrens certificate to
correct the legal description. Mr. Sheldon said there would be no problem with the building permit but the issue
of the certificate of occupancy should wait until they are ready to occupy and the City has an idea of where they
are in terms of their development and their proceedings subsequent to certificate and correction of the title.
Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Fmaserve, Inc.,
Addition /Fina Oil Chemical Company consisting of approximately 1.7 acres for a motor fuel station 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, CI, C2,C4,D1, El, F1 and Hl.
2. No outdoor sales, storage, or displays shall be allowed.
3. Trash and recycling enclosure shall be of adequate size to accommodate trash dumpter and recycling
container.
4. Roof top mechanical equipment shall not be visible.
5. The applicant shall provide irrigation system for all sodded areas.
6. The locust trees shall be changed to summit ash on the landscaping plan.
7. Also plantings in MnDOT right -of -way shall require MnDOT approval.
8. The gasoline tank stand pipes shall be attached to the building.
9. The development is required to limit the site generated storm water run -off to the five -year storm
event.
10. All site generated storm water run -off is required to be ponded prior to discharge into the existing
storm drainage system.
Page 17/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Aye: 5 Nay. 0
COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING
AREA A /MULTIFAMILY RESIDENTIAL LAND STUDY
00302
11. Review and approval by MnDOT is required prior to final plat approvaL
12. The development is required to provide a nutrient treatment basin for storm water run -off in
accordance with the criteria identified in the City's Water Quality Management Plan.
Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign and
motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section 12. Aye:
5 Nay 0
After introduction by Mayor Egan, the City Administrator said this was one of the parcels being
examined throughout the City as a part of the Multifamily Residential Land Study.
Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue and
no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in agreement with
the proposed changes.
Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan Amendment
and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact
by the City Attorney.
Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel, and
questioned whether the Council should proceed without a more definitive legal opinion from the City Attorney.
City Attorney said they had been of the opinion that they not prepare findings until the Council has had the
ultimate presentation on the matter and whatever information comes out of that would be the direct findings.
Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion before action is taken
and action on the final approval delayed until they have received those findings City Administrator Hedges said
said that perhaps the action should be that the City Council directed the City Attorney to prepare the legal
opinion and findings and then it could come back as a ratification. Mr. Hedges said that Staff would contact Mr.
Kennedy to see if there were any objections the City should be aware of.
Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan Amendment
and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact
by the City Attorney. Aye: 5 Nay 0
COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY
Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan Amendment
for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings of fact by the
City Attorney. Aye: 5 Nay 0
INISTRATIVE A
DRIVEWAY AGREEMENT /PARCEL 033-03
The City Administrator said that Staff had been working with this individual and they were anxious to
proceed with construction.
Page 18/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Ou i1
After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion to
approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr. Brad
Stricker subject to the following conditions:
1. That if the applicant wishes to further subdivide his property, platting will be required.
2. That the applicant will rezone the property to an R -1 (Single Family) District.
Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative
Agenda and that he could not vote in favor of it. Aye: 3 Nay: 2 (Egan Pawlenty)
R 90.61
Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the
rescheduling of the upgrade of Cliff Road, west of I -35E from a 1992 project to a 1991 project. Aye: 5 Nay.
0
McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin
County Joint Purchasing Agreement to commit to the 1991 purchase of eight (8) squad cars. Aye: 5 Nay: 0
Heard.
UPGRADING OF CLIFF ROAD WEST OF I -35E
AUTHORIZATION /PURCHASE OF EIGHT 1991 SQUAD CARS
VISITORS TO BE HEARD
As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be
CARLSON LAKE PARR
City Administrator Hedges said that Neil Raisanen had approached the City Council at their last meeting
regarding the removal of a number of trees with the Carlson Lake park improvements. He said at that meeting,
the Council had asked that no additional trees be removed. The City Council discussed the issue further at a
work session on August 9 and at that time, Landscape Architect/Parks Planner Steve Sullivan provided
background. Mr. Hedges said that an on -site meeting was held with a number of residents on August 20.
Mayor Egan said that he is pro park development and wanted to see the park system developed as
planned. But, he added, none of the 30+ parks that have been developed in the City to date has been so
dramatic or created such intense emotions as this one has. The Mayor said some of the issues could have been
handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area near the lake.
In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and was a 20'
construction zone necessary. He said it was a neighborhood park and no one had requested that the park be
developed so intensely and perhaps the issue should have been looked at more carefully.
Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting the
following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment and 4)
spend money on reforestation. He asked that the park be returned to what it was.
After additional discussion, Councilmember Gustafson asked what the budget was for this park. He said
he would not be in favor of spending more than what was budgeted. The Councilmember said the Parks
Department should be authorized to work with the neighbors and agree on a plan within the boundaries of
budgetary constraints.
Page 19/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back to the
Advisory Parks and Recreation Commission for the purposes of revising the plans for development to a passive
nature, to authorize the preparation of the appropriate change orders and to stay any further construction on
the park.
Director of Parks and Recreation Vraa said the contractor has other work with the City and has been
shifted to other parks. Staff is attempting not to incur any damages but a change order will have to be
negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there will be a
cost savings but other costs may be incurred.
Aye: 5 Nay: 0
HELEN TILLERY PROPERTY /DRAINAGE CONCERNS
Ms. Helen Tillery, who was also present at the August 7 meeting, said that her property was
experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her
property was constructed too high. She said this had caused run off problems as the water was then diverted
onto her property washing out landscaping in that portion of her yard.
Director of Public Works Colbert said two plans were submitted with the plat for the Hills of
Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a common
lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the development
did not provide for grades that would have allowed the construction of this common drainage Swale along the
back lot line. In the development agreement for the Hills of Stonebridge, the developer was responsible for
grading the public right of way that would incorporate the streets, utilities and trail. He said Staff's contention
is, that if the trailway is 10" too high, it was constructed to that higher elevation by the developer who did all the
grading in the area. The City placed a trailway on top of grades that were provided by the developer. The trail
was constructed in 1989, the home to the north was not occupied until August 1989, and at that point the existing
elevation was shown as higher than what the proposed elevation was to be. Mr. Colbert added that once the
trailway was constructed, it did not prelude the property owners or the developer from matching the grade that
was originally provided to the City in the final detailed landscaping and drainage of each lot.
After continuing the discussion, the Director of Public Works said with minor modifications, he was of
the opinion the drainage problems could be easily corrected. He said that a change in the grading of the berm
in the backyard area would take the water over the path and out into the street as originally intended.
City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface water
drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the homeowner
has to deal with their own drainage pattern. He said it was similar to individual builder/lot owner problems.
Gustafson moved, Pawlenty seconded, a motion to direct the builder /developer to take corrective action
at their expense as to the berm and lowering of the pathway if necessary and that this action be taken in
accordance with City standards. Aye: 5 Nay: 0
RESOLUTION /MINNESOTA PUBLIC RADIO
Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the
location of their radio towers. He said they had requested that the City Council approve a resolution endorsing
Page 20/EAGAN CITY COUNCIL MINUTES
August 21, 1990
this second site. Councilmember Gustafson said in its present form, he did not believe the resolution was what
Council wished to say. After further discussion, the City Council determined that it would be inappropriate to
take any action on the resolution prior to the public hearing pending before the Advisory Planning Commission.
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the amount
of $686,428.26. Aye: 5 Nay: 0
ADJOURNMENT
The meeting was adjourned at 12:30 a.m. on August 22, 1990.
CITY OF EAGAN
Overbeke, City Clerk
KF