11/21/1989 - City Council Regular P
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
NOVEMBER 21, 1989
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:40 - HOUSEHOLD HAZARDOUS WASTE COLLECTION/SPECIAL RECOGNITION OF UNISYS
CORPORATION
IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE)
A. PUBLIC WORKS DEPARTMENT
P• 1. Consider Request to Convey Private Streets for Public Maintenance (Cinnamon Ridge Addition)
B. PARKS AND RECREATION DEPARTMENT
(� 1. Architect Selection, Park Shelter Buildings
�•
V. 6:55 - CONSENT AGENDA (PINK)
p A- PERSONNEL ITEMS
Y ( B. PLUMBERS LICENSES
y C. Set Date for 1990 General Fund Budget Tax Levy
t4 D. PROJECT 88-UU, Acknowledgement of Project Completion (Dart Transit - Utilities)
E. PROJECT 87-II, Acknowledgement of Project Completion (Blue Ridge Addition-Utilities)
F. FINAL PLAT, Stratford Oaks
G. FINAL PLAT, Whispering Woods 5th Addition
FINAL PLAT, Mardelann Addition
v I. AMENDMENT to Development Contract, Hills of Stonebridge II
• VI. 7:00 - PUBLIC HEARINGS (SALMON)
q-2-5A_ VACATE Drainage Easement - Lots 8-11, Block 2, Lexington Parkview Addition
�;2o B. PROJECT 443, Final Assessment Hearing (O'Neil - Trunk Storm Sewer)
VII. OLD BUSINESS (ORCHID)
A. REQUEST, Special Hunting Season Permit, Richard Maurer, Jr., 3370 Lexington Ave., Eagan
VHI. NEW BUSINESS (TAN)
A. PRELIMINARY PLAT,United Mortgage Corporation,of Outlot B of the Coventry Pass Addition
Consisting of 20.1 R-1 (Single Family)Acres to 39 Single Family Lots Located East of Dodd Road
and North of Diffley Road in the East 1/2 of Section 24
IX. ADDITIONAL ITEMS (GOLD)
X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 15, 1989
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 21, 1989 CITY COUNCIL
MEETING
After approval is given to the November 21, 1989 City Council agenda, regular meeting
minutes for the November 9 meeting and Special Cityconsideration.Council
minutes for the November
14 meeting, the following items are in order
for ii:
SPEC REIOGf 'TIIN 'O
5..CORPNRATION.;
Mayor Ellison will present a plaque to the Unisys Corporation that reads "In recognition
for the outstanding community commitment shown by your participation in the Household
Hazardous Waste Collection Day, October 7, 1989." The plaque also includes language
that recognizes Roger Martin and staff for their excellent support and organization. A
copy of the results of the Household Hazardous Waste Collection Day were sent to the
City Council several weeks ago as a part of an informative memo. Mr. Roger Martin will
be present to accept the plaque on behalf of Unisys.
� PAR�`MEI�'I HA_�3I,TSTI��S .
A. PUBLIC WORKS DEPARTMENT:
Item I. Consider Request To Convey PrivatHomeowneustreet & -Associatio nforubllt Maintenance Cinnamon
(Cinnamon Ridge Addition)--Recently, the
Ridge Addition has again requested the cul-de- acs located swithin sumingthatthe
subd mesion as
maintenance
responsibilities for the private streets an
shown by the map enclosed on page �> -
When this subdivision was originally being proposed,
the
right-of-way d dedication and developer proposed these Delated
rivate
cul-de-sacs and streets thereby eliminating the public
setback requirements which would allow for a greater ns
deity staff dy etacrongdrecomlmended
homes referred to as a cluster development. At t
against these private streets and their substandard construction criteria in anticipation of
re
to
se
such a request being made at a future date. Oncthe private
overrtottheeCityllthe City
be constructed below City standards and subsequently tu
would not be able to provide the same level of service rMaentenance g du streets
without incurring additional financial obligations t our annual
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Agenda Information Memo
November 21, 1989 City Council Meeting
There is a considerable number of private streets that currently exist in the City.
Previously, the Council received a similar request from the St. Francis Woods 4th Addition
Condominium Association. After recognizing the potential for incurring additional costs
to the City's General Fund Budget and possibly creating a policy of having to Vcept all
ot�ffisr
ivate streets, the Council denied that request. Enclosed on pages through
a report from the Assistant City Engineer identifying the deficiencies with these
private streets as compared to current City standards.
Although City staff has received a similar request from the Cinnamon Ridge Homeowners
Association previously, it was never pursued to formal Council action. Therefore, staff is
recommending that the Council review this request and take formal action at this time.
If this request is given favorable consideration, direction should be given from the City
Attorney's Office regarding the necessity to acquire appropriate public right-of-way and
how to deal with the resulting nonconforming setbacks that would subsequently be created
in addition to identifying a method of financing corrective improvements to City standards
if required.
AC'T'ION TO BE CONSIDERED ON THIS ITEM: To review and approve/deny the
request to convey private streets and cul-de-sacs for public maintenance within the
Cinnamon Ridge Addition.
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MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: MIRE FOERTSCH, ASSISTANT CITY ENGINEER
DATE: NOVEMBER 16, 1989
SUBJECT: PRIVATE STREET MAINTENANCE CONSIDERATION
OUTLOTS A & B, CINNAMON RIDGE 2ND ADDITION
OUTLOTS A, B, C, D & G, CINNAMON RIDGE 3RD ADDITION
OUTLOT A, CINNAMON RIDGE 4TH ADDITION
OUTLOT A, CINNAMON RIDGE 5TH ADDITION
OUTLOT A, CINNAMON RIDGE 6TH ADDITION
Engineering staff has researched the "private streets" which were
constructed on the above-referenced outlots in the Cinnamon Ridge
development. All the mentioned "private streets" were constructed
within drainage and utility easements which were donated and
dedicated on their respective final plats to the public for public
use forever for drainage and utility purposes only. There is no
mention in the final plat dedication for the outlots to be used for
roadway purposes. This point will have to be pursued further with
legal counsel if consideration is given by the Council for City
maintenance of the private streets in the Cinnamon Ridge
development. The attached table summarizes the research and
provides a comparison between the private streets constructed on
each outlot and minimum City Code requirements.
In summary, the private streets constructed in the Cinnamon Ridge
development do not meet any of the minimum public street
require nts identified in the City Code. The streets are
defic' n in cross section, right-of-way width, boulevard clear
zone cu -de-sac radii, street width and building setbacks.
Assist nt Cit Engineer
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Agenda Information Memo
November 21, 1989 City Council Meeting
B. PARKS AND RECREATION DEPARTMENT
Item 1. Architect Selection, Park Shelter Buildings--Four (4) architectural firms were
recently interviewed for the purpose of designing a park shelter in Blackhawk Park and
for the design/construction administration of facilities in three existing parks utilizing
existing building plans to be modified to meet site needs. All four firms were interviewed
on Monday, November 6, and after further review and deliberation by the committee, the
firm Schwarz/Weber is being recommended for selection to the City Council.
For additional information on this item, refer to a memo repared by the Director of
Parks and Recreation enclosed on pages � through .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the selection of
Schwarz/Weber to perform park shelter design of Blackhawk Park and design/construction
administration for three additional city park lands.
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
MAYOR AND CITY COUNCIL
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 9, 1989
RE: ARCHITECTURAL SELECTION - PARK SHELTER BUILDING DESIGN
BACKGROUND
The Council requested that an R.F.P. be prepared for architectural selections to perform
park shelter design at Blackhawk Park and for design/construction administration at three
existing parks utilizing existing building plans to be modified to meet site needs. Proposals
were sent out (attached is a copy of the R.F.P.) with four firms responding.
These firms were interviewed by the City Administrator, Landscape Architect/Parks
Planner, Recreation Supervisor Peterson and the Director of Parks and Recreation.
INTERVIEWS
The four firms interviewed were, in order of interviews:
Robert Vanney, Vanney Associates, Inc.
Bernard Herman, Bernard Herman Architects, Inc.
Dick Schwarz, Schwarz/Weber Architects, Inc.
Dennis Sutliff, B.R.W. Architects
The first three firms are relatively small firms capable of doing the work. B.R.W. is a
larger firm who's work is usually associated with larger projects but they do have
experience with smaller projects of this scale.
All firms have good experience in working with municipal clients and the public process.
Schwarz/Weber has the most as well as most recent experience in working on projects of
similar size and scope having recently completed two park shelter projects for Lakeville.
This firm is in progress with another building project in Washington County. Bernard
Herman is currently doing a project with the City of New Hope.
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All of the firms made excellent presentations, although each took somewhat different
approaches to the project, process, and constraints presented.
B.R.W. expressed concern for the amount of public meetings/presentations noting the cost
associated with this part of the process may be disproportionately expensive to the actual
work at the drawing board.
COMMITTEE CONCERNS/RECOMMENDATIONS
The interview committee concluded that the two finalists for the work are Schwarz/Weber
and Bob Vanney.
Vanney Associates, Inc. based on their response and presentation. Mr. Vanney has
proposed a fee of $13,750 for both phases of the project; Blackhawk $7,750, Other Parks
$6,075.
Schwarz/Weber's proposed an hourly fee not to exceed $3,000 for the programming phase
of the three shelter buildings or 8% of that construction budget. (If all buildings are bid
together a reduction of 2.5%) Blackhawk Park pre-design and programming and
presentation is also proposed as an hourly rate not to exceed $4,500; total cost not to
exceed 10%, if bid and constructed separately.
Both fee proposals represent excellent value to the city, and dependent on the view of
how the project will go - a case can be made for each firm as being the "lowest". In fact
all four firms are reasonably close in fees, but these two represent the lowest of the four.
All factors considered, it's the Committee's recommendation to select Schwarz/Weber
Architects.
RATIONALE
The firm has an excellent reputation, has previously done an excellent job for the City of
Eagan, having provided both good design and construction management. The same
project team is proposed for the new projects ensuring continued consistency of
performance and continuity. Although Mr. Vanney appears to have an equally good
outlook on design and may be worthy of being awarded the project there does not appear
to be an overwhelming reason not to select Schwarz/Weber given their work history,
success with previous projects and relatively comparable fees.
FOR COUNCIL ACTION
To select the architectural firm to complete Parks and Recreation building projects for
1990.
KV:cm
Agenda Information Memo
November 21, 1989 City Council Meeting
There are nine (9) items on the agenda referred to as consent items requiring one (1)
motion by the City Council. If the City Council wishes to discuss any of the items in
further detail, those items should be removed from the Consent Agenda and placed under
Additional Items unless the discussion required is brief.
PERSONNUJ MS
A. PERSONNEL ITEMS
Item 1. Health Insurance Providers for 1990 - As required by State law, the City of
Eagan issued Requests for Proposals for health insurance providers for the City's
employees. RFPs were sent to all HMO groups and major insurance companies in the
Twin Cities area. The RFP was also advertised and copies of the RFP were sent to those
additional insurance companies/agents that requested one.
Four proposals were received: one each from Group Health, MedCenters, PHP and Share.
The proposals were compared in a graph which was sent to the Council with the
informational memo for the November 9, 1989 Council meeting. The proposals were
presented to the City's Insurance Committee which is composed of representatives from
all collective bargaining units and from all non-collective bargaining employee
groups/departments. At the committee's direction, a poll was taken of all employees to
determine their preferences as to insurance carriers for them and their dependents. The
employees were asked to make their decisions taking into consideration the premiums as
offered for 1990, the services covered under each plan, the co-payments required and the
employees' preferences as to physicians and medical facilities at which services were
offered. They were asked to make the decision with the consideration that the portion
of premium covered by the City would remain at the same dollar amount as in 1989 or
would increase slightly. Most employees indicated that they would stay with the plan
under which they were currently covered. Many employees had built up a trust
relationship with their current physicians and did not wish to be forced to change. In
some situations, employees with health problems especially did not wish to change
physicians because of the new tests they would have to undergo and complicated health
histories they would have to present to a new physician.
Agenda Information Memo
November 21, 1989 City Council Meeting
Only five employees indicated that they would switch to SHARE. This number is far
below the 25 minimum needed for SHARE to offer their plan. Employees covered under
PHP and MedCenters for the most part indicated that they wished to stay with those
programs. Although the majority of employees with Group Health indicated that they
wished to stay with Group Health, there was significant concern about the dropping of
adult preventive dental care from the plan's coverages for 1990. Therefore, the Insurance
Committee directed that Group Health be contacted and asked what the premium amount
would be if adult preventive dental coverage were added to the plan. Those amounts
were $3.03 per month for single coverage and $4.95 per month for family coverage.
Employees currently with Group Health were then polled to see if they wished the
package to remain as offered, if they wishedadult preventive dental to be added to the
package (this would be an additional cost to the employee for family coverage, not to the
City) or if they planned to switch coverages. The results of the poll indicated that those
who planned to stay with Group Health favored adding the dental coverage to the present
package by a 2 to 1 margin.
Therefore, it is the recommendation of the Insurance Committee that the City of Eagan
select Group Health, MedCenters and PHP as the health insurance plans which will be
offered by the City for 1990, and, further, that the Group Health coverage include adult
preventive dental services.
For the Council's information, an all-employee meeting will be held on Wednesday,
November 29, at which time representatives of the approved health plans will be present
to explain and answer questions about the various plans. Thereafter, there will be a two
week open enrollment period during which employees may switch coverage and/or may
add dependents if they wish.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Group Health
(including adult preventive dental), MedCenters and PHP health insurance proposals as
the three health insurance plans which will be offered by the City of Eagan to its
employees for 1990.
Item 2. Lead Construction Inspector This position was approved as a part of the 1989
budget. This position was designed to be created from one of the present Construction
Inspector positions; therefore, an additional position was not created. The only persons
eligible for this position at this time were present Construction Inspectors with the City.
The position opening was posted and applications were accepted from present employees.
Interviews were held Friday, November 17 by Community Development Director Runkle,
Chief Building Official Reid, Assistant Chief Building Official Hanson and Assistant to the
City Administrator Duffy. It is their recommendation that William Bruestle be appointed
Lead Construction Inspector for the City of Eagan.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of
William Bruestle as Lead Construction Inspector for the City of Eagan.
1,l�>
Agenda Information Memo
November 21, 1989 City Council Meeting
PL U BERS LICENSES
B. Plumbers Licenses--The following are plumbers licenses which have been reviewed and
meet all regulations of the City Code and are submitted for approval.
1. Andreasen Plumbing and Heating
2. Wyllie Plumbing
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the two plumbers licenses
as presented.
Agenda Information Memo
November 21, 1989 City Council Meeting
SET DA AX LEVY
C. Set Date for 1990 General Fund Budget Tax Levy--The recent special legislative
session enacted several changes in truth in taxation requirements for payable 1990 which
were not included in the original 1989 tax bill. The changes are technical in nature and
relate to 1) the language for the official notice of the public hearing, 2) choice of
newspaper and 3) the definition of certain exceptions to limits on property tax levies within
cities over 2,500 population.
All counties, cities and school districts are required to set a date between mid-November
and the end of December to hold a public hearing and present the proposed increase in `
property taxes for 1990. An alternate date must also be selected in case a jurisdiction is
required to reconvene the meeting if additional time is necessary.
The City Administrator and Director of Finance are making every effort to schedule
Tuesday, December 5 as the date for the public hearing. Unfortunately, the law is specific
that no two (2) taxing jurisdictions within the county can hold a public hearing on the
same date and unfortunately, counties and school districts are able to select their meeting
dates first. Cities must schedule with those dates that are remaining. The Vo-Tech school
has scheduled its public hearing on the evening of December 5, which could require our
City to schedule a date that is different from one of the regular City Council dates in
December. The City Administrator will provide an update at the meeting on Tuesday and
a specific recommendation on a date for the hearing. Enclosed on page _�.3 is a sample
notice that was prepared by the Commissioner of Revenue as to how the truth in taxation
publication is to read in the local newspaper.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the date of December_,
1989 as the official date for a public hearing to consider the proposed increase in property
taxes for 1990 and December _ . 1989 as the alternate date if additional time is needed.
Notice to argil mn of
Proposed increase in property taxes for 1990
The City of Spruceville is proposing to increase total
property taxes to be collected for 1990 by x percent over
1989 taxes.
Total amount proposed: $00,000,000.
This increase is not necessarily due to a decision by the city
council to increase spending. The state of Minnesota has
shifted aid from cities to school districts, and part of the
increase may be due to a decrease in state aid to Spruceville.
This amount is a proposal only. All citizens of Spruceville
are invited to attend apublic hearing where the city council
will discuss the proposed increase. The council will vote to
approve or disapprove this amount at the hearing. Please
come and give the council your opinions on this proposal.
Public hearing
Date: November 15, 1989
Hour: 7 p.m.
Place: Room 5, Spruceville City Hall
123 Spruce Street
Spruceville, Minnesota
If additional time is needed, the hearing will be reconvened
on November 17 at 7 p.m. in the same place.
Summaries of the city's proposed 1990 budget are available
for review at the city treasurer's office, Spruceville City Hall,
room 123. Persons unable to attend this hearing may send
written comments to the council at the above address. For
more information, call the city treasurer's office: 123-1234,
8-4:30, M—F.
Agenda Information Memo
November 22, 1989, City Council Meeting
ACKNOWLEDGEMENT OF PROJECT COMPLETION/DART TRANSIT
D. Project 88-UU, Acknowledgement of Project Completion (Dart Transit - Utilities)--
City staff has received indications that the installation of utilities for the Dart Transit
facility in the southwest corner of Lone Oak Road and T.H. 149 has been completed in
accordance with the design plan and specs. It is appropriate to acknowledge completion
of these utilities and authorize the release of related financial securities subject to
appropriate warranty provisions.
ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Project
88-UU (Dart Transit - Utilities) and authorize the release of related financial securities
subject to appropriate warranty provisions.
ACKNOWLEDGEMENT OF PROJECT COMPLETIONBLUE RIDGE ADDN
E. Project 87-II, Acknowledgement of Project Completion (Blue Ridge Addition - Streets
& Utilities)--City staff has received indications that the installation of utilities for the Blue
Ridge Addition, which abutts Hwy. 55 on'the west and Lone Oak Road on the south, has
been completed in accordance with the design plan and specs. It is appropriate to
acknowledge completion of these streets and utilities and authorize the release of related
financial securities subject to appropriate warranty provisions.
ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Project
874I, Blue Ridge Addition - Streets & Utilities) and authorize the release of related
financial securities subject to appropriate warranty provisions.
L
Agenda Information Memo
November 21, 1989 City Council Meeting
FINAL PLAT/STRATFORD OAKS
F. Final Plat for Stratford Oaks--All documents relative to the final plat for Stratford
Oaks, including the development agreement have been processed by both the applicant
and Department of Community Development. This item has been continued on two
occasions and it is presumed that agreements will be properly signed and all conditions
will be met prior to the November 21 meeting. If there are reasons that the final plat
should be removed from the agenda, a recommendation will be made at the time the
agenda is adopted for the meeting.
Enclosed on page L is a copy of the final plat as it appears for signature and recording
at Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Stratford
Oaks.
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Agenda Information Memo
November 21, 1989 City Council Meeting
FINAL PLAT/WHISPERING WOODS 5TH ADDITION
G. Final Plat for Whispering Woods 5th Addition--All documents relative to the final plat
for Whispering Woods 5th Addition, including the development agreement, have been
processed by both the applicant and the Department of Community Development. This
item was continued at the last City Council meeting, however, it appears that the
agreements will be properly signed and all conditions will have been met allowing the final
plat to be presented at the November 21 City Council meeting. If there are reasons that
the final plat should be removed from the agenda, a recommendation will be made at the
time the agenda is adopted for that meeting.
Enclosed on page IL is a copy of the final plat as it appears for signature and recording
at Dakota County. I
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
Whispering Woods 5th Addition.
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Agenda Information Memo
November 21, 1989 City Council Meeting
FINAL PLAT/MARDELANN ADDITION
H. Final Plat for Mardelann Addition-.All documents relative to the final plat for
Mardelann Addition, including the development agreement, have been processed by both
the applicant and the Department of Community Development. Assuming the agreements
are properly signed and all conditions have been met, the final plat will be presented for
approval. If there are reasons that the final plat should be removed from the agenda, a
recommendation will be made at the time the agenda is adopted for that meeting.
Enclosed on page )O is a copy of the final plat as it appears for signature and
recording at Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
Mardelann Addition.
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Agenda Information Memo
November 21, 1989 City Council Meeting
AMENDMENT TO DEVELOPMENT CONTRACT/HILLS OF STONEBRIDGE H
I. Amendment to Development Contract, Hills of Stonebridge II--The final plat for the
Hills of Stonebridge II was approved by the City Council at the October 17, 1989 meeting.
Inadvertently, the exhibit B attached to the development contract was included in error.
Therefore, approval of the application should be amended to delete the original exhibit
B in the development contract and replace it with the corrected version. A copy of the
revised exhibit B is enclosed on page ,2 The plat has not yet been recorded at
Dakota County. This item was originally scheduled for the November 9 meeting but
continued to allow further review by the developer, United Mortgage, who is aware of the
change and is in agreement with the amendment.
ACTION TO BE CONSIDERED ON THIS ITEM: To amend the development contract
for the Hills of Stonebridge II to include a revised exhibit B.
Exhibit B is hereby deleted in its entirety and the following is
inserted in its place:
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, C3, C5, D1, El, F1, and Gl.
2. There will be no driveway access onto Dodd Road or Northview
Park Road.
3 . The development will be required to submit a retaining wall
design for staff review and approval prior to final plat
approval.
4. The development will be required to provide and designate
emergency overland drainage routes from proposed street low
points and ponding ureas.
5. The development will be required to provide a storm sewer
outlet to the southerly boundary of the plat in a location
which can be utilized as the outlet to Pond JP-27. (This is
not applicable with this phase. )
6. The development will be required to provide 2 .8 acre feet of
wet pond volume in Pond JP-53 and 3 .0 acre feet of wet pond
volume in Pond JP-22 as determined by Dakota County Soil and
Water Conservation.
7. A new street entrance to Northview Park Road shall be
constructed approximately 145 ' east of the existing entrance
as part of the Northview Park Road improvements, provided good
engineering practices and safety standards can be adhered to.
8. The lot lines in Block A are to be extended in order to utilize
the proposed park property.
9. Lots 6 and 11, Block 6, shall be restricted from the access to
the cul-de-sac. (This is not applicable with this phase. )
a�
Agenda Information Memo
November 22, 1989, City Council Meeting
VACATE DRAINAGE ESMT/LOTS 8-11, BLOCK 2. LEXINGTON PARKVIEW
A. Vacate Drainage Easement, Lots 8-11, Block 2, Lexington Parkview Addition--On
October 17, the City Council received a petition to vacate a previously dedicated
underlying drainage easement over portions of Lots 8, 9, 10,and 11, of Block 2, Lexington
Parkview Addition and scheduled a public hearing to be held on November 21 tofo ally
receive any comments or concerns regarding this request. Enclosed on page sis a
legal description and sketch showing the location and configuration of this ponding
easement requested to be vacated. With the recording of the final plat for the Lexington
Parkview Addition, it was adequately replaced by the dedication of a drainage and utility
easement to conform to the ponding limits defined by the grading plan for that
development. Therefore, the previous underlying easement description which conformed
to the previous natural terrain is no longer necessary or appropriate and can be vacated
if there are no objections. As of this date, staff has not received any objections to this
proposal.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and
approve the vacation of the drainage easement as described over portions of Lots 8, 9, 10
and 11, of Block 2, Lexington Parkview Addition, and authorize the Mayor and City Clerk
to execute all related documents.
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Description of proposed ponding and utility easement vacation,
easement document No. 756659:
That part of the Northwest Quarter of the Southwest Quarter
of Section 23, Township 27, Range 23 , Dakota County, Minn-
esota, described as follows :
Beginning at a point on the south line of the
Northwest Quarter of the Southwest Quarter of
said Section 23 , distant 85. 50 feet Westerly
of the southeast corner thereof; thence N 89a
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line thereof, 396 feet; thence N 11057104 " W,
108 feet; thence N 4401813b" E, 48 feet; thence
S 80°58125" E, 118 feet; thence N 79046152" E,
145 feet thence S 51052149" E, 105 feet; thence
S 27012 '54" E, 94 feet to the point of beginning .
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Agenda Information Memo
November 22, 1989, City Council Meeting
FINAL ASSMT HEARING/ROBERT O'NEIL TRUNK STORM SEWER
B. Project 443, Final Assessment Hearing (Robert O'Neil --Trunk Storm Sewer)--On
September 15, 1987, the final assessment hearing for Project 443 was held. At that time,
the City received a written objection from Robert & Grace O'Neil pertaining to the trunk
area assessments. Based on the then current litigation pertaining to the rezoning of the
property and the condemnation of the ponds under this project, Parcel 10-01000-010-77
owned by the O'Neil's was deleted from the final adopted assessment roll until the
litigation could determine the proper zoning assessment category. With the zoning and
the condemnation issues being resolved, it is now appropriate to proceed with the final
assessment hearing for this project as it pertains to this parcel.
While it is anticipated that the property owners will continue with their objection, the
Council must formally adopt the assessment before they can file their court appeal. This
property owner has formally appealed the special assessments associated with the
upgrading of Yankee Doodle Road under Project 461. It would be desirable and
economical to address both assessment appeals under one combined action.
The proposed final assessments are identified as follows:
Project 443, Trunk Area Storm Sewer
Parcel 10-01000-010-77 $115,064.64
Parcel 10-01000-010-56 42,547.16
ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing and approve
the final assessment against Parcel 10-01000-010-77 and Parcel 10-01000-010-56 in the
amount of $157,611.80 for Project 443 and authorize its certification to the County.
Agenda Information Memo
November 21, 1989 City Council Meeting
! MS:
SPECIAL HUNTING SEASON PERMIT
A. Request for a Special Hunting Season Permit for Richard Maurer--It appears after
further review of the City Code, a determination has been made by the City Attorney's
office that regulations for a special bow and arrow hunting season must be established by
the City Council for the purpose of wild life management. These regulations must be
established prior to consideration of a bow and arrow hunting permit. In previous years,
regulations were established as a part of the DNR special hunt request for the Fort
Snelling State Park area. The DNR special hunt in Fort Snelling State Park in 1989 does
not include an authorization for the use of bow and arrow.
The request by Mr. Richard Maurer, Jr., who resides at 3370 Lexington Avenue, for a
special hunting permit for property he owns and two contiguous parcels owned by Harold
Becker and Jerry Scott Krueger is the first permit requested this year.
Therefore, according to the memo from the City Attorney's office enclosed on page;
it is appropriate that the City consider the special hunting season permit for Richard
Maurer, establishing regulations for a bow and arrow hunting season.
The Police Department is reviewing the subject properties with Mr. Maurer, and if license
is to be granted, it is recommended that similar criteria extended recently to Mr. Yanta
and Mr. Friendshuh for the use of firearms for the purpose of hunting deer be considered
as a condition of approval.
A copy of Mr. Maurer's letter and appropriate attachments are enclosed on pages
through��_for your review. Any additional information, if available, regarding the
Police Department review, will be included with the Administrative Agenda or at the City
Council meeting on Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny regulations that
allow for a special_deer hunt with a bow and arrow as requested by Mr. Richard Maurer,
Jr., for properties owned by Mr. Harold Becker, Jerry Scott Krueger and Mr. Maurer.
M E M O R A N D U M
TO: Thomas Hedges, City Administrator
FROM: James F. Sheldon, City Attorney
DATE: November 17, 1989
RE: Richard Maurer Special Hunting Permit
Tom:
You recall that Mr. Maurer' s special hunting permit came onto the
City Council on November 9, 1989. Since bow and arrow hunting was
not included in the dangerous weapon ordinance, our office advised
the Council that no action was necessary.
However, we have since been advised of City of Eagan Code Section
10.10, Subd. 8 which provides as follows:
"Use of Bow and Arrow. It is unlawful for any person to shoot
a bow and arrow except in the Physical Education Program in a
school supervised by a member of its faculty, a community-wide
supervised class or event specifically authorized by the Chief
of Police, or a bow and arrow range, or by any person
participating in a special bow and arrow hunting season, which
season may not conflict with State law or regulations
established by the Council for the purpose of wildlife
management, or such other place during such time or times as
authorized by the Council.
Based on the foregoing, the Council has the authority to establish
"regulations . . . . for the purpose of wildlife management, or such
other place during such time or times as authorized by the
Council." Thus, the Council has the authority to regulate the bow
and arrow hunting request.
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Agenda Information Memo
November 21, 1989 City Council Meeting
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PRELIMINARY PLAT/COVENTRY PASS 2ND ADDITION
A. Preliminary Plat, United Mortgage Corporation, Outlot B of the Coventry Pass
Addition--A public hearing was held by the Advisory Planning Commission at their regular
meeting held on October 24, 1989 to consider an application for a preliminary plat for the
Coventry Pass 2nd Addition consisting of 39 single-family lots and 20.1 previously zoned
R-1 acres along the east side of Dodd Road as presented by United Mortgage
Corporation. The APC is recommending approval.
For additional information on this item, refer report pre ared by the Department of
Community Development enclosed on pages through
The Advisory Parks and Recreation Commission reviewed the proposal for Coventry Pass
2nd Addition at their last regular meeting and due to the fact the development agreement
for Coventry Pass 1st Addition covers all park dedication obligations for the 2nd Addition,
there is no action required regarding the parkland dedication. The lots covered in the 2nd
Addition will be obligated to a cash donation after the 142nd lot is platted in the overall
development. This is due to a calculation including a parkland dedication, ponds credit,
slope credit and cash balance.
For a copy of the APC minutes on this item, refer to pages 4--.5 through .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary
plat for Coventry Pass 2nd Addition as presented by United Mortgage Corporation.
3
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT (COVENTRY PASS 2ND ADDN)
APPLICANT: UNITED MORTGAGE CORPORATION
LOCATION: E 1/2 OF SECTION 24
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: OCTOBER 24, 1989
DATE OF REPORT: OCTOBER 18, 1989
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY
An application has been submitted requesting a Preliminary Plat for
the Coventry Pass 2nd Addition consisting of thirty-nine single-
family lots on 20. 1 previously zoned R-1 acres along the east side
of Dodd Road. The site is currently Outlot B of the first addition
which was final platted on October 3, 1989.
The site has been rough graded and utility construction has begun.
During that process, the grade elevations changed from the original
plans. This affected the ultimate development of the agricultural
exception that lies between the first and second additions. After
meetings with that property owner and United Mortgage, plans were
prepared that satisfied all parties. However, this changed the
street configuration by directly connecting (potentially) the two
areas. That is the reason for creating the outlot in the first
addition and for this Preliminary Plat. As proposed, the lots meet
R-1 lot requirements and vary in size between 12, 325 square feet
to 42 ,780 square feet.
3S
FINANCIAL OBLIGATION:
Based on the study of the financial obligations collected in the
past and the uses proposed for the property, the following charges
are proposed. The charges are computed in accordance with the 1989
fee schedule as adopted by the Council.
Improvement Project # Rate Qty Amount
Sanitary Sewer Trunk 505 $655/Lot 39 Lots $25, 545
Storm Sewer Trunk 505 .056/S.F. 757,073 S.F. 42 , 396
Financial Obligation $67,941
CONDITIONS: COVENTRY PASS 2ND
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, C3, C5, D1, and El.
2. No direct driveway access onto Dodd Road shall be allowed.
Forty-foot setbacks shall be required along Dodd Road.
3. The development is required to maintain a maximum depth of 8
feet of cover on the existing water main in the southwest
corner of the development.
4. The development is responsible for any damage which may occur
to any existing City public utility line which results from
the proposed site grading and development.
5. The development will be required to match the existing street
grades provided in the adjoining Country Hollow development.
6. The development is required to adhere to the City's maximum
3:1 slope criteria.
7. The development is required to provide storm sewer to
adequately accommodate the storm water runoff which is
currently conveyed by the rural ditch section along Dodd Road.
8. The development will be required to provide emergency overland
outlets from all low areas.
9. A storm sewer outlet is required for Block 4 to collect the
storm water runoff water in the backyard low area.
10. A 50 foot half right-of-way is required for Dodd Road.
11. The development is required to provide sanitary sewer, storm
sewer, and water main stubs to all adjacent properties as
determined by City staff.
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FINANCIAL OBLIGATION
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FINANCIAL OBLIGATION
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Page VEAGAN ADVISORY PLANNING COMMISSION MINUTES
October 24 , 1989
Trygg moved, Graves seconded, the motion to close the public
hearing and approve a rezoning of approximately 9.5 Agricultural
acres to a Single Family district located west of Slater Road and
south of Cliff Road in the southwest quarter of Section 31, as
requested by Burnsville Lumber Company, Inc. for the Whispering
Woods 5th Addition. All voted in favor.
COVENTRY PASS 2ND ADDITION/UNITED MORTGAGE CORPORATION
Chairman Pawlenty opened the next public hearing for the
evening regarding a preliminary plat of Outlot B for the Coventry
Pass Addition consisting of 20.1 Single Family acres to 39 Single
Family lots located east of Dodd Road and north of Diffley Road in
the east half of Section 24.
City Planner Jim Sturm updated the Commission on the
background of the matter. Chairman Pawlenty asked if the parcel was
a transition from Country Hollow. City Planner Jim Sturm explained
it was not a condition.
Wayne Tauer (Pioneer) informed the Commission the only change
was in the street connection and explained that the grade changed.
He stated he was available for questions.
Commissionmember Merkley had questions and concerns regarding '
the grade. Mr. Tauer explained the grading process and the
compromise. Mr. Merkley questioned the timeframe for the
development. Mr. Tauer explained that it was uncertain at the
present time. Chairman Pawlenty asked if Frontier was the builder.
Mr. Tauer replied yes.
Sandy Klein, 4070 Dodd Road, stated he had concerns regarding
location of his property adjacent to a Frontier development.
Chairman Pawlenty reported the Commission also had concerns.
City Planner Jim Sturm explained the street naming process.
Chairman Pawlenty asked for the status of the
Frontier/Stafford Place Council action. Mr. Sturm explained the
Council had referred the matter to staff to conduct a neighborhood
meeting. Assistant City Engineer Mike Foertsch explained the
Stafford grading problems and the procedure to cure.
Ron Hellmer reported that United Mortgage owns the property
and explained that the agreement with Frontier had not been
finalized. He informed the Commission that United Mortgage has a
good project. There was discussion regarding Frontier development
concerns.
Chairman Pawlenty stated he felt the two items were ultimately
potentially related. Commissionmember Voracek questioned the
Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 24, 1989
Stafford construction. There was further discussion regarding
Frontier development.
Chairman Pawlenty pointed out that United Mortgage Corporation
has an excellent track record in Eagan.
Commissionmember Voracek asked if there could be a connection
to Dodd from the exception piece. City Planner Jim Sturm explained
that it would not be possible as there were grade problems.
Commissionmember Trygg asked for the timeframe on the road. Mr.
Sturm explained that the road would be constructed at the same time
as the development.
Commissionmember Miller had concerns regarding the transition
plan. Mr. Hellmer reported that the Country Hollow concerns had
been satisfied.
Miller moved, Voracek seconded, the motion to close the public
hearing and approve a preliminary plat of Outlot B of the Coventry
Pass Addition consisting of 20. 1 Single Family acres to 39 Single
Family lots located east of Dodd Road and north of Diffley Road in
the east half of Section 24, as requested by United Mortgage
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, C3 , C5, D1, and E1.
2. No direct driveway access onto Dodd Road shall be allowed.
Forty-foot setbacks shall be required along Dodd Road.
3 . The development is required to maintain a maximum depth of
8 feet of cover on the existing water main in the southwest corner
of the development.
4. The development is responsible for any damage which may
occur to any existing City public utility line which results from
the proposed site grading and development.
5. The development will be required to match the existing
street grades provided in the adjoining Country Hollow development.
6. The development is required to adhere to the City's maximum
3 : 1 slope criteria.
7. The development is required to provide storm sewer to
adequately accommodate the storm water runoff which is currently
conveyed by the rural ditch section along Dodd Road.
8. The development will be required to provide emergency
overland outlets from all low areas.
Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES
October 24, 1989
9. A storm sewer outlet is required for Block 4 to collect the
storm water runoff water in the backyard low area.
10. A 50 foot half right-of-way is required for Dodd Road.
11. The development is required to provide sanitary sewer,
storm sewer, and water main stubs to all adjacent properties as
determined by City staff.
All voted in favor.
ADJOURNMENT
Miller moved, Graves seconded, the motion to adjourn the
meeting of the October 24, 1989 Advisory Planning Commission at
7 : 50 p.m. All voted in favor.
Secretary - Eagan Advisory
Planning Commission
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 15, 1989
SUBJECT: INFORMATIVE
COPY OF SPEECH/RECENT AMM POLICY ADOPTION CONFERENCE
The City Administrator was present at the November 2 evening AMM policy adoption
conference and House Majority Leader Dee Long was the keynote speaker. The recent
League of Mi nesota Cities Bulletin includes excerpts of her speech, a copy is enclosed
on pages � throughZ�.
HISTORY COMMITTEE
The History Committee met on Thursday, November 16 at 5:00 p.m. to begin organization
and coordination of the Old Town Hall restoration project. Enclosed on page -5y is
a copy of a letter that was sent to City Councilmember Wachter by Governor Perpich
giving congratulations on being selected as a Celebrate Minnesota 1990 grant recipient.
LETTER OF ACCOMMODATION/WILLIAM SULLIVAN
Enclosed on page �Z4s a copy of a letter from William Sullivan to the Eagan Fire
Department and Police appraising their efficiency and professionalism in responding to a
severe smoke backup at their home.
EXPLANATION OF CHECKS/NOVEMBER 9 CITY COUNCIL MEETING
There were three (3) checks that were questioned at the last City Council meeting and
the following is an explanation:
1. Check #311857, entitled Bale Butts - These are hay bales for the archery range
at Walnut Hill Park purchased from B and B Supply Company.
2. Check #311899 - The check in the amount of$396 to International Tours of Eagan
is for two plane flights for Chief of Police Geagan and Lieutenant Swanson who
are attending an accreditation school in Houston this week. The $396 total is for
both airplane tickets.
3. Check #311E53 - The games and fitness instructor received compensation at the
rate of $8.50 for 9.4 hours and Julie Erb is a park program instructor who teaches
one of the recreational classes. Her salary is reimbursed by a user fee to those
participating in a class.
LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING
The City Administrator attended the League of Minnesota Cities' policy adoption meeting
that was held on Thursday, November 16 in Minneapolis. There were a number of issues
discussed including environmental, open meeting law, property tax, transportation and the
proposed legislative policy/priorities which include 1) development strategies, 2) elections
and ethics, 3) general legislation and personnel, 4) land use energy, environment and
transportation, 5) revenue sources, and 6) federal legislative.
TRANSITIONAL HOUSING PROGRAM
The Community Action Council is proposing a transitional housing program by maintaining
homes that were foreclosed by the U.S. Department of Housing and Urban Development,
as temporary housing for families. Apparently, homes are held for approximately two
years by HUD and resold and the CAC will enter into a two year lease with that agency
making the properties available for temporary housing. For additional information on this
program, refer to a memo drafted by -Frr nk Brennan, Executive Director of the CAC, and
enclosed on pages 53 through- 4� .
MINNESOTA VALLEY HUMANE SOCIETY WRITE IN
The City Administrator has received nine (9) additional post cards from residents asking
that the City Council support the Minnesota Valley Humane Society of Dakota County
and their objectives to build an animal shelter for the county. The post cards are identical
to those copied in a recent informative packet. These will be kept on file and if any
member of the City Council would like to inspect the cards and review the names, they
will be made available.
RECYCLING UPDATE
Enclosed on pagesSS and 6, is a copy of a memo from Kris Hageman, Recycling
Specialist, providing an update on the progress and results of the City's recycling program.
Also enclosed without page number are a pamphlet and flier regarding recycling.
SNOW REMOVAL INFORMATION
Enclosed on pages SI and SP is a copy of the information sent to the newspapers
and new homeowners regarding the City's snow removal and ice control program.
/S/ Thomas L. Hed e��s
City Administrator
League of Minnesota Cities
• • •
Cities Bullet.in
Number 30 (Interim) November 9, 1989
Revenue Department provides House Majority
truth in taxatioii language to Leader Long
explain aid shift warns less aid
Specific language for cities to use to accurately explain the state aid shift of dollars for cities
from cities and towns to school districts in their truth in taxation hearing advertise-
ment is now available from the Revenue Department.The Revenue Department has House Majority Leader Dee Long(DFL-
provided at least two cities this specific language. The following alternative Minneapolis)addressed the Association
language is from Assistant Commissioner Dennis Emo. of Metropolitan Municipalities at its
November 2 policy adoption conference.
The City of Spruceville is proposing to increase total property taxes for 1990
by$ over 1989 taxes. Of this amount,$ will replace state aid shifted In her speech, Long said that there has
from the city to the Spruceville School District. This results in an increase of been an increasing sentiment among
percent in property tax collections for the city. If state aid had not been legislators that counties have not been
shifted,the increase would have been percent.
See House Majority,page 3
Total amount proposed$
(This language is intended to replace the first paragraph of the newspaper advertise-
ment).
At this point, experiences with the truth in taxation requirements for Minnesota '
cities do not indicate an increase of attendance at budget hearings or other
involvement in cities,budget and levy setting processes. In addition,although many
have believed that citizen participation would have the effect of reducing local
governments,spending,and/or levy,many of the citizens attending hearings have
come requesting spending increases for specific causes.
The League urges all cities,particularly those participating in truth in taxation
this year,to extend specific invitations to their state representative and senator
to attend their truth in taxation hearings. It will be valuable for legislators to
have first hand experience with the implementation of these new requirements.
The League will conduct a survey of the cities required to comply with truth in
taxation in 1989.The League will collect information changes made to the original
proposed levy amounts.Information collected will be used to prepare for succeeding House Majority Leader Dee Long.
years of the program. SH League photo by Donald A. Slater
Action Alerts
• Congress considering proposal to restrict CDBG
Printed on recycled paper —
Nouse Majority,continued
receiving enough state assistance to fi- that the Legislature is not totally respon- State programs-originally intended to
nance their program mandates, "while sible for property taxes.LH work together to reduce and equalize
cities have been getting the lion's share property taxes--have become so com-
of additional funds and have fewer Excerpts from Majority plex that they interact to magnify tax
mandates." Given that mood among Leader Long's speech follow: inequities among taxpayers.
legislators, Long warned that it is pos-
sible that more aid could be shifted away Any tax system must be understood by Everyone who has studied the Minne-
from cities and toward counties and school average citizens if it is to have their sota property system agrees that facto-
districts in the future. tolerance, let alone their support. Min- ries,stores,offices,rental property and
nesota's property tax and local aid sys- higher-value homes carry too much of
In commenting on the possibility of tem is large, complex and little-under- the load.
propertytax changes in the 1990legisla-
tive session, Long indicated that she Increasingly,all classes of property,local
hopes there will be very little tinkering State and local government finances are governments and schools, and every
with the property tax system,especially so entangled that taxpayers don't know region of the state,are competing fiercely
since she believes there will be very whom to blame when property taxes go at the Legislature for a bigger slice of a
little state money to make any major up nor whom to thank when they don't. limited pie.
changes. Long, however, said that she
expects the issue of instituting a perma- State government pays a large share of More and more state dollars are being
nent equalization formula to be raised in local spending, yet at the same time, consumed just to limit property tax in-
the 1990 session. fails to adequately fund mandated serv- creases, while fewer and fewer dollars
ices.
are available for broad state needs and
Long said the Legislature, through the initiatives.
Legislative Commission on Planning and See Excerpts,page 4
Fiscal Policy,will study alternative Local
Government Aid (LGA) formulas �=
throughout the upcoming year in the r ,
hope of building a consensus for reform. ° vii ,�,. 4 •_: ,+►,
She indicated that past LGA formulas
have lacked a good definition of need
since they have generally used past spend-
ing as an indication of need,tending to
"reward those who have been profli-
gate."The purpose of the LGA formula,
Long said, should be to "pay for state
mandates and allow basic services to be
provided, regardless of ability to pay."
Long said that although she is "not a
strong advocate for wholesale
equalization....ability to pay has to play
a part in any formula."Changes in LGA,
however, would be "gradual, not mas-
sive,"she said. `
On the issue of levy limits, Long said
that the elimination of levy limits in Pay ."' ,.
1992 for cities would depend upon what
happens with statewide levies. "If we ¢
see double digit property tax increases
statewide, then levy limits will stay in
place,"she said. Long also expects the _..
new truth in taxation process to make
clear to taxpayers who is responsible for
levying property taxes. According to Over 100 mayors from Minnesota attended their annual conference on October 20-
Long,the elimination of levy limits will 21 in Rochester.
depend upon the public understanding League photos by Donald A. Slater
November 9, 1989 Printed on recycled paper page 3
Excerpts,continued
This fall is the slartingpoint for compre- •Localgovernments willpay more of the Property taxes shouldprimarily be used
hensive restructuring of the Minnesota costs of programs they control. to support local services,so that a change
statelloeal fiscal system. in the level of services is reflected di-
-Some programs will be jointly funded redly as a change in property tax bur-
The time has arrived to concentrate on where responsibilities are shared,and to den.
system improvement for the long term. encourage cost efficiencies.
It should not reward unnecessary spend-
The first step is to bring together all of - The new fiscal system should address ing by local governments.But the state
the policies and programs that affect the considerable variation in tax base should not punish local governments that
property taxes under the Legislative and other revenue resources among lo- have high-cost problems or low property
Commission on Planning and Fiscal cal units and in income andassetsamong wealth.
Policy. individuals.
The state will direct more dollars to
The commission and the administration The philosophy of LGA and state reve- mandated programs--and that probably
will work together--and 1 hope that we nue sharing is not only based on the fact means less general aid for cities.
will have full participation from local that state actions affect local govern-
elected officials--as we attempt to sort ment spending.A new state local reve- The positive side of that equation is that
out overlapping responsibilities of the nue system should promote some degree you will have more flexibility to make
state and local government, determine of equalization but be neutral toward your own decisions about service levels,
which services are essential at each level, local spending decisions. and will receive state support for those
and assess the fiscal capacity to provide services which the state requires.
them.
The commission also will conduct a
representative expenditure study to meas- Reading
�OY��
ure the relative service needs of cities,
counties, towns, and school districts.
The report is due in November, 1990. W rit i ng for.
The study could be conducted by outside
consultants--for example,the ACIR and
at least one national consulting firm
have expressed interest in the project-- If you're looking for some good
ht be carried out b the commis- reading, you've just found it.
or it might Y The tree Consumer Information
sion'sstaff. Reminder Catalog.
My own view is that past efforts at re- The Catalog lists about 200 -
form have failed over disagreements The League of Minnesota federal publications, many of
-*m4 Cities staff would like to them free. They can help you
attempting to define what are "essen- remind city officials to keep eat right, manage your money,
tial" services, and what constitutes stay healthy, plan your child's
us informed,on an on-going education, learn about federal
equity to revenue sharing.h would be h� basis, of any changes in benefits and more.
helpful--and might be essential--to have elected officials, clerks,
objective analysis of those issues from managers, or department So sharpen your pencil. Write
the world beyond Minnesota. heads in your city. for the free Consumer
Information Catalog, And get
In addition to recognizing the need for reading worth writing for.
This will help us keep our
reform,the Legislature and the admini- records up-to-date at all
stration agreed on the major principles times. �4'
for reform:
r
Thank you for your
• The state will pay all--or most--of the cooperation. Consumer Information Center
costs of programs and services it re- Department RW
quires. Pueblo, Colorado 81009
page 4 Printed on recycled paper LMC Cities Bulletin
:59
STATE OF MI 'NESOTA
�--.
OFFICE OF THE GOVERNOR
J tt- "�•
ST. PAUL 55155
RUDl PERPICH
GOI ERNOR
November 8, 1989
Mr. Theodore Wachter
3530 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Wachter:
Congratulations on being selected as a Celebrate Minnesota
1990 grant recipient. The competition was keen, and each
and every one who was involved in the development of your
proposal is to be commended for their initiative and hard
work.
I am very pleased with the overwhelming enthusiasm
communities have demonstrated for holding "a celebration of
the places we call home. " We have much to be proud of in
Minnesota, and I look forward to joining you in a statewide
celebration.
Thank you for the time and energy you and your community are
volunteering to beautify and celebrate our great state.
Best wishes with both your project and your celebration.
Sincerely,
qRUDYRPICH
Governor
AN EQUAL OPPORTUNITY EMPLOYER
Eagan Fire Department
c/o Eagan City Hall
3830 Pilot Knob Road
Eagan, Mn. 55122
To Whom it may concern;
We recently had a severe smoke backup in our home due to error
or accident in lighting a fire. The fire department (and police)
were so efficient and professional in their actions to
elliminate the problem, I want to formally express my sincere
thanks to all the people involved. This example of proficiency of
our Fire department gives my wife and myself enormous confidence
in our safety, and the protection of our lives and property.
Thanks to all who were there that evening.
Mr. and Mrs. William C. Sullivan
i,
Community Action Council, Inc.
14451 County Road 11
Burnsville, Minnesota 55337
(612) 431-21128
A United Way Agency
Founded 1970
Francis B. Brennan
Executive Director
DATE: November 7, 1989
TO: City Managers
FROM: Frank Brennan
Executive Director COMMUNITY ACTION COUNCIL
Community Action Council , Inc.
RE: Community Action Council
Transitional Housing Program
I am pleased that we had the opportunity to brief you and your colleagues
about our Transitional Housing Program at the recent City Managers '
meeting. I am also grateful for the show of support we received. And, as
promised, I am writing you this letter outlining the program as it should
develop.
Community Action Council (CAC) currently maintains a single-family home in
Lakeville for the temporary lodging of families who otherwise may be
homeless or compelled to leave the county. This is not a shelter in the
same sense that shelters are maintained for transient population in
Minneapolis and St. Paul . It is transitional or temporary housing where in
a family may reside when temporarily displaced. It is not intended for
singles or even for couples without children, but for parents with
children.
The U.S. Department of Housing and Urban Development (HUD) is making some of
"Is fvr^^.i VnJadu property avai lable +0 nOnNrvf'i+o throughout +Lp Cvan}y on a
lease. The Dakota County Board has designated the CAC as the nonprofit to
receive such leases in Dakota County. To this end, CAC will apply for
several foreclosed homes which will be held on 2 year leases. We wil' then
make these properties available for temporary housing for families.
Programs
Armful of Love Clothes Closet Sexual Assault Services B. Robert Lewis House
B. Robert Lewis House Emergency Services Single Parent Loan Program 4345 Nicols Road
Chemical Dependency Awareness/ Food Pantry The Women's Program Eagan, Minnesota 55122
Burnsville Furniture Bank Transportation (612)452-7288
Chemical Health Program/ Help Line Volunteer Coordination
Farmington Housing Program Volunteer Income Tax Assistance
Child Care Referral Multi Service Center Youth Opportunities AN EQUAL OPPORTUNITY EMPLOYER
The features of this program will be as follows:
1. Only single-family homes will be used.
2. Only families with dependent children will be housed.
3. The houses will be scattered throughout the county and no municipality
will have more than one house.
4. The housing is intended for Dakota County residents with a primary
focus on keeping children in their home school districts.
5. CAC and its volunteers will keep the property in good condition.
6. Dakota County HRA has agreed to provide needed repairs and
maintenance.
7. Some 25 churches are committed to assisting CAC in this endeavor with
funds and volunteer help.
8. CAC staff will interview and screen applicants to assure appropriate
placements.
9. The families will stay approximately 2-3 months while CAC and other
resources assist them towards self-sufficiency.
In summation, we hope that CAC can develop a model for temporary family
housing which can serve the residents of our community who may find
themselves in need of help.
I
i
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: RECYCLING COORDINATOR HAGEMENZ�
DATE: NOVEMBER 17TH, 1989
SUBJECT: RECYCLING PROGRAM UPDATE
Tonnage/Participation
The reports generated from the hauling community have indicated
participation rates between 50% and 75% for the curbside
collection program over the last seven months.
Tonnages for the first half of the year, from both drop-off
centers and curbside collection, came in at 959 tons. This
weight is primarily glass, aluminum and newspaper although
corrugated cardboard and plastics are accepted at the Recycle
Minnesota Resources drop-off center also.
Our abatement goal for 1989 is 9% of the waste stream or 1, 882
tons and I am confident we will reach that number. We are also
able to use our yard waste volumes in the abatement equation
which should enable the city to surpass the set goal.
Municipal Compost Site
The compost site closed for the season on November 18th. The
site will be measured for a final time in the next week to
monitor final volumes. It was measured on October 23rd after two
weekends of heavy use. The volume of the grass and leaf pile was
2,250 cubic yards and the wood waste pile was 440 cubic yards.
It is estimated that the wood waste volumes averaged 400 cubic
yards each month during the summer months. The Parks Department
and area residents used the material at a very rapid rate. All
of the finished compost from last year's operation has been taken
by residents.
Plans over the winter months will include evaluating the current
site operating capacity and working on alternative program
operations for the spring.
Multi-Unit Recycling Program
Just over 700 of the 4,812 multi-unit dwellings have come on line
with recycling collection opportunities. The multi-unit program
will be a priority for our expansion in 1990. We are required by
Dakota County to have recycling collection opportunities
available to all multi-units in the city by the end of the year.
I have produced some informational pieces for buildings to
distribute while recycling programs are being organized. I hope
to have this information distributed to all buildings within a
few months.
SS
The city's role in implementing the multi-unit program has been
and will be to help with informationl/educational materials and
act as a liason between the area haulers and building managers.
Staff is also working on arranging subsidy levels with the
haulers.
Individual design for the program will be a key to it's success.
Each building is unique in it's capacity for collection
equipment, participation by maintenance staff and residents,
support from building management and more, which means individual
attention will be needed for each new program set up.
Commercial/Institutional Recycing Proqram
Commercial recycling is another program we are working on.
We have produced a guide for businesses and institutions on how
to design and implement an office paper recycling program.
We will be distributing this guide at a luncheon presentation to
the Eagan Chamber of Commerce this month. From this initial
contact and mailings to additional businesses throughout the city
we will continue communication and offer support when needed for
program start up.
Promotional Activities
I have enclosed a copy of the latest informational piece which
was distributed with the last citywide newsletter and is also
mailed to new residents. Also the informational door tag for the
multi-unit program is enclosed.
We continually promote the program through area newspapers and
use of the local Cable Access Channel.
School presentations will be scheduled for the early part of next
year to speak to grade school and highschool students.
On November 13th we found the 14th Cash for Trash winner.
Victoria Jabbra of 1590 Mallard View won $700 for her
participation in the program.
Earth Day 1990
Earth Day 1990 (April 22) will be a global demonstration of
citizen concern for the protection of the Earth. I hope the City
will take an active role in participating in this week long
event (April 22-29) . Planning the Community Clean Up Day would
fit in very well with the week's activities. We will be
brainstorming for additional activities we can promote and be a
part of throughout the coming months.
,5w
SNOW REMOVAL INFORMATION
Winter has arrived and brings with it the Public Works Department's
responsibility to perform it's snow removal and ice control program
in the fastest, most efficient and economical manner possible. This
can only be achieved through a concerted effort of the residents
and the businesses of our community, in cooperation with our
maintenance personnel.
Snow Plowing Routes
With the addition of many new streets in Eagan, the Public Works
Department will be contracting one mainline route and one
cul-de-sac "route for snow plowing in the easterly area of the City.
For the 189-190 snow season, this will bring our total to 11
mainline and 10 cul-de-sac routes, which will have the
responsibility to maintain more than 200 miles of streets and over
475 cul-de-sacs or dead ends.
Cul-De-Sac Plowing
In order to complete our snow plow routes in the most efficient
manner, the Public Works Department will be incorporating the cul-
de-sacs into our mainline routes. Depending on type of equipment,
amount of snow, and other weather conditions, the mainline plows
will enter the cul-de-sac and in a clockwise movement, place the
majority of snow in the center of the cul-de-sac. Smaller plowing
vehicles and loaders will be used for cleanup and widening of cul-
de-sacs to the curb line.
Eagan Parking Ban
To help make for easier and more efficient snow removal, the City
Council has established parking regulations which are in effect
from November 15 to April 15 of each year.
Based on an odd/even day system, the restriction is in effect from
6 a.m. to 6 p.m. each day. Parking is allowed only on the odd
numbered side of the street on odd numbered calendar days and only
on the even numbered side of the street on even numbered calendar
days. Parking is allowed on both sides of the street from 6 p.m.
to 6 a.m.
Automobiles not in compliance with the new parking regulation may
be ticketed and/or towed.
57
Please Remove Curbside Ob 'ects
Snowplows plow the snow onto the boulevard area adjacent to the
street (7 to 13 feet from the curb) . Any object that could hamper
or be damaged by the snow removal operations should be removed from
this area (fences, landscaping, etc. ) . Garbage awaiting pickup
should be set in at least eight feet from the curbline. Mailboxes
should be installed 48" above the street level and should not
extend beyond the back of curb.
Ouestions
If you have any questions regarding snow removal procedures, please
contact the Superintendent of Streets at 454-5220. Any questions
pertaining to a vehicle that has been towed should be directed to
the Police Department at 454-3700.
For an update on snow removal operation and parking restrictions,
please call 454-1010 for a recorded message.
County Road Plowing
Snow removal on the following roads is the responsibility of the
Dakota County Highway Department:
Lone Oak Road (#26) Cliff Road (#32)
Yankee Doodle Road (#28) Lexington Avenue (#43)
Diffley Road (#30) Pilot Knob Road (#31)
Any calls pertaining to snow and ice control on these county roads
should be directed to the Dakota County Highway Department at 431-
1150.
Your patience, understanding and cooperation are greatly
appreciated by your neighbors and the personnel who will be putting
in long hours to clear our streets as quickly as possible. Please
be assured that we will make every effort to perform this operation
in the most efficient manner possible.
Thank You!
11/9/89
lb:snownews. let
:59
SPECIAL CITY COUNCIL MINUTES
NOVEMBER 14, 1989
Eagan, Minnesota
A special City Council meeting was held on Tuesday, November 14, 1989 at 5:00 p.m.
at the Eagan Municipal Center Building to consider a bid award for General Obligation Bond Sale and
update on the completion of drainage improvements in the Stafford Place Addition. Those present were
Mayor Ellison and City Councilmembers Egan, Gustafson, McCrea and Wachter. Also present were
Director of Public Works Colbert, Director of Finance VanOverbeke and City Administrator Hedges.
GENERAL OBLIGATION BOND SALE
Mr.Dave MacGillivray,the City's fiscal consultant representing Springsted,Inc.,appeared
and reported that bids were received at 2:00 p.m. for the sale of $9,325,000 of General Obligation
Improvement Bonds to finance approximately 33 public improvement projects throughout the community.
He stated that five (5) bids were received and the low bidder was the Trust Company Bank of Atlanta
With an interest rate of 6.42531%. It was acknowledged by members of the City Council that the rate
of interest is extremely favorable and it might be advantageous for the City to consider the refinancing
of outstanding bonds that have a much higher interest rate. After further review of the bids, a motion
was made by City Councilmember Wachter, seconded by City Councilmember Egan, with all members
voting in favor, that the low bid submitted by Trust Company Bank of Atlanta, with an interest rate of
6.42531% for the purchase of $9,325,000 of General Obligation improvement Bonds be awarded.
EQUIPMENT CERTIFICATE SALE
Mr. MacGillivray also reported on bids that were opened at 2:00 p.m. on November 14
for the purpose of selling $290,000 of equipment certificates for the purpose of funding certain capital
equipment items. He stated that there were three bids received with the low bidder Norwest Investment
Services with an interest rate of 6.1894%. After a brief discussion, a motion was made by City
Councilmember Egan, seconded by City Councilmember Gustafson, with all members voting in favor,
to approve the low bid of Norwest Investment Services with an interest rate of 6.1894%to purchase the
$290,000 of equipment certificates that would finance the purchase of certain capital equipment for City
departmental operations.
STAFFORD PLACE
Director of Public Works Colbert reported that the new reorganized Frontier Homes and
Delta Development have reached agreement which will allow Frontier Homes to build out residential
homes in the remainder of the Stafford Place Addition. He further reported that the necessary letter
of credit and other agreements are being offered by Frontier Homes to allow corrective action to
proceed on the various drainage Issues. City Councilmember Gustafson suggested that the Stafford
Place item be placed on the December 5 City Council agenda for an update and, assuming that
corrective measures have been taken for the drainage issues, consideration can be given as to whether
the notice for cure and default should be lifted on the Stafford Place development agreement. Mark
Parranto, representing Delta Development, appeared and reaffirmed Mr. Colbert's report that Frontier
Homes and Delta Development Corporation have reached agreement that Frontier Homes will be the
owner and builder of the remaining lots in the Stafford Place Development.
OTHER BUSINESS
City Administrator Hedges requested that the City Council meet briefly in executive
session to discuss a personnel matter consisting of labor negotiations.
ADJOURNMENT
There being no further business, the meeting was adjourned at approximately 5:20 p.m.
TLH
Date City Clerk
w*
MINUTES OF A REGULAR MEETINQ.. OF THE
EAGAN'%':d-!TY COUNCA ;:-':'
EAGAN : W. ? :
NOVEMBE�t,: 3:a:;;�?�89
A regular meeting of the Eagan City Council was held on
Thursday, November 9, 1989 at the Eagan Municipal Center. Present
were Mayor Ellison and Counci.;l i ir$ :-wa.mlater, Egan, Gustafson and
McCrea. Also present were City k&z.il$tr&--t-#r- Tom Hedges, Community
Development Director Dale Runkle, public Woks Director Tom Colbert
and Assistant City Attorney Joseph Earley...,
City Administrator Tom Hedges informed the Council that the
following items should be continued: Consent Agenda items - C.
(Final Plat, Town Centre 100 Fifth Addition/Waterford Apartments) ,
E. (Final Plat - Stratford Oaks), F. (Final Plat - Whispering Woods
Fifth Addition) , and G. (Amendment to Development Contract - Hills
of Stonebridge II ) ; and Old B item - B. (Final Ratification
- Park and Trail Dedication Po2icy � ,;,He also stated that an item
under Old Business - F. (Contract. 89�2A :::Receive Bids/Award
Contract — Stratford Oaks/Storm 4j4id Sanitrax- . Sewer) should be
cancelled.
Wachter moved, McCrea seeoriied, the motion to approve the
agenda as amended. All voted iii favor.
MINUTES
October 17 , 1989.
McCrea moved, Wachter sed6hd-6d, ''t)ie 'M"O'tion to approve the
minutes for the October 17, 1989 regular CQ�hcil meeting as
presented. All voted in favor.
October 10, 1989.
Gustafson moved, Wachter seconded, the motion to approve the
minutes for the October 10,1989 special Council meeting as
presented. All voted in favor.
POLICE DEPARTMENT/SOUTH METRO TASK FORCE-:*: . INT POWERS AGREEMENT
City Administrator Tom Hod
woxAumta�l.�okl the Joint Powers
Agreement. Police Chief Geagan"ihformed`'.tYie'`•Council that the Task
Force was successful and that it had far e,%:i*eded expectations. He
pointed out that it was a federal government grant.
Page 2/EAGAN CITY COUNCIL MINUTES l '
November 9, 1989
Councilmember Gustafson :Aked what share of the dollars went
to the Task Force. Police Chief::•Geagan .ted one-third of the
dollars went to the Task Force. ::Oblxn:o; .l-. i�7tiber Egan asked if there
were still drug problems or if tYie'::pr:oii'iems had been solved. Police
Chief Geagan stated that the drug problem was alarming and
continuing. He reported that the DARE project was up and running
and that it was well received by the schools. Councilmember McCrea
commented that her daughter Kaa;,. *;.sed with the police officer
working with the DARE program.
Councilmember Wachter questioned if ti City had adequate
office space for the Task Force and .whether:::the City furnished the
secretary. Police Chief Geagan .state4:, that ;office space was tight
but that there were advantages to'::hav'ing ahiem in the building. He
explained that the secretary wa.s' employed by the City of Eagan with
all benefits but that the Task Force reimbursed the City for the
expense.
Councilmember Wachter questioned if the City of Eagan could
withdraw from the Task Force."*'* .
orce. . ice Chief Geagan stated it was
possible and that the Cities :QI'N(vage and Prior Lake had done so.
Egan moved, Gustafson seconded, 'tne'li otion to approve
authorization and execution of the 1990.,; 61"t Powers Agreement for
the South Metro Task Force. All v� qd J-#:::favor.
PUBLIC W¢ S 'DEPARTMENT/
GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION APPOINTMENTS
City Administrator Tom Hedges updated the Council on the
recent resignations from members of the organization and the need
for replacement of the member r>.:.:.G4un-a 3membex Egan requested that
the organization not remain tfispi:;: savy:: t .> :hat- a citizen replace
City staff as soon as possible. d
Wachter moved, McCrea seconded,,::the motion to accept the
resignation of Tom Walkington from -Eb Gun :�jub Lake Water
Management Organization and appoint LuAnn Xiderks and John
Vandelinde as full Board members with Mike Foertsch, the designated
alternate. All voted in favor.
PUBLIC WORKS DEPARTMENT/COVINGT'.ON LANE -
PETITION TO RESTRICT ON-STREt�':: PARKING
City Administrator Tom Hedge . 1.trq4=,0d the matter. Public
Works Director Tom Colbert soma iz*...tll, V tit ion and recommended
the restriction from 9:00 a.m. to 9:00 p.m......_.from May 1 to September
15
Mayor Ellison stated the parking lot was small and questioned
where citizens would park. Public Works Director Tom Colbert
Page 3/EAGAN CITY COUNCIL MINUTES
_•, ; November 9, 1989
explained that the citizens 0.*:i7;ld have to ,:dark further down the
street. Mayor Ellison felt that . arkingttther down the street
would be inconvenient. Mr. Coli�4*;. me out that it was a
concern.
Councilmember McCrea had questions regarding the comment on
the petition statement of "Why is this petition -two years late in
coming?" Public Works Director.,To Calbexa.....nformed the Council
that the residents had been w�0M4-N:-::W ji-.:.t# k Park Department and
the Athletic Association. Mr. Hedgee: repoz`td that he had spoken
with Mr. Evans on several occasions:':'and that past requests had
really been only during the last two,: summers, not all year long.
Councilmember Wachter fe,1- t—:h* b e i was the intersection
and that the restriction should-be for -the intersection only. He
stated that parking problems go with a park. Mayor Ellison
commented he felt there was a need for on-street parking or the
users of the park would have problems. Councilmember McCrea asked
if citizens generally parked in the parking lot first and then the
street. Mr. Hedges reported that; generally the on-street parking
filled first and then the park�i l.�ot... He suggested the need for
signs to direct citizens to the 'parc .apt.
Public Works Director Tom C01�bert pp�rr'ted out a correction to
the packet. He stated that the pax't,4,4i restriction for on-street
parking was for the north side:.:.* dovington Lane.
Councilmember Wachter suggested possibly having citizens put
signs on windshields informing the residents of the parking lot.
Wachter moved, Egan seconded, the motion to receive the
petition and deny the restrictions for 4n.-street parking of
Covington Lane (Johnny Cake R3aCie Fazssa Way) and to direct
staff to establish the best way to reify tkte residents of the
parking lot. All voted in favor.
FIRE DEPARTMENTJCHTEF SOLqRORN
Mayor Ellison congratulated Fire Chief Southorn for being
re-instated as Fire Chief in the recent election.
CONSENT AGENDA
A. Personnel Items. ••
1. Use of Sick Leave forehest`:iot'3vties Policy.
Councilmember McCrea informed the CouriC-il that the Personnel
Committee had met with City staff and after:::the meeting the
Committee felt all of the Personnel policies were good. She
Page 4/EAGAN CITY COUNCIL MINUTES
November 9, 1989
!I
requested staff keep an accou� ng of th6:*:.�ionetary cost to handle
the policies
It was recommended to approve'*`t�e Use of Sick Leave for
Wellness Activities Policy" as presented retroactively effective
for covered programs participated in since January 1, 1989.
2. Sick Leave Accrual Pol.•icy:.:::::•.•.:•.•
It was recommended to approve the "S**' Leave Accrual Policy"
as presented, to be actively enforcer begiiihing January 1, 1991.
3. Aids and Aids-Related..Gopd3tsans.:' 33i the Work Place Policy.
Councilmember Gustafson suggested%%ai"•change to Item 6 in the
Aids Policy. He requested rephrasing the paragraph to read that all
medical information obtained from employees would be held
confidential
It was recommended to apptr.ove the "Aids and Aids-Related
Conditions in the Work Place Pa1*..;0 ".:.:for the City of Eagan,
effective immediately.
4. Drugs/Alcohol Free Work Piaee.:.Po
It was recommended toapprcre the "Drugs/Alcohol Free Work
Place Policy" for the City of..Eagan, effective immediately.
B. Declare Surplus Property,. two 16-channel Micom
Multiplexors.
Councilmember Wachter qu0t:nn- additional channels
would ever be needed by the Cityit :A+cnistrator Tom Hedges
explained that City staff had reviewed the-jpatter and felt that
there would be no need for the additgnal %channels in the future.
It was recommended to authori.ze:`As sutolus property two
16-channel Micom Multiplexors to be sold to 'the City of Lakeville
in return for two 8-channel Micom Multiplexors plus $2,000 in
payment to the City of Eagan.
C. Final Plat, Town Centre 100 Fifth dtion.
It was recommended to continue the fi 'n'al plat for Town Centre
100 Fifth Addition/Waterford Antentrr3ect to the December 5,
1989 City Council meeting.
D. Final Plat/Eagan Evangelical Churc4-":*::
It was recommended to approve the final plat for Eagan
Evangelical Church.
Page 5/EAGAN CITY COUNCIL MINUTES
November 9, 1989
E. Final Plat/Stratford 64ks.
• TST.
It was recommended to cont 3riNt ': nal plat for Stratford
Oaks to the November 21, 1989 City :bo6 it meeting.
F. Final Plat/Whispering Woods Fifth Addition.
It was recommended to cont-J. .•thy irkal plat for Whispering
Woods Fifth Addition to the Ksuunbex: f ':x.9$9 City Council meeting.
G. Amendment to Development Coritract 'tor Hills of Stonebridge
It was recommended to coU .; t the development contract for
Hills of Stonebridge II to include a revised Exhibit B to the
November 21, 1989 City Council meeting.
H. Resolution Authorizing City to Enter Agreement with State
of Minnesota for CELEBRATE MINNESOTA 1990 Program Grant.
It was recommended to aj 0.4 a::.resolution authorizing
execution of a grant agreement between the,..City of Eagan and the
State of Minnesota for the project ent1t1ed;.;:1175th Birthday of Old
Town Hall" , a restoration project to.;bscleted prior to June 30,
1990.
I. Authorization, Cooperative Agreement to Participate in the
CDBG Program.
It was recommended to authorize execution of the Cooperative
Agreement to Participate in the CDBG Program as presented.
J. Project 5831 Receive Feas$bilty :7eportZOrder Public
Hearing (Park Center Addition - Stree:ts and•:•Utilities) .
It was recommended to receive t feasibility report for
Project 583 (Park Center Addition - §S reet$::;;and Utilities) and
schedule a public hearing to be held on December 5, 1989.
K. Project 578, Receive Feasibility Report/Order Public
Hearing (Sibley Terminal Industrial Park - Storm Sewer) .
It was recommended to receive the fear-tbility report for
Project 578 (Sibley Terminal Industrial Park'- Storm Sewer) and
schedule a public hearing to he:.: #e t 'c ::;: e3nber 5, 1989.
Page 6/EAGAN CITY COUNCIL MINUTES
November 9, 1989
L. Project 574, Receive ffibliteport/Order Public
Hearing (Eagandale Center Indui�txia : I'4a.Jz - Streetlights) .
It was recommended to receive the feasibility report for
Project 574 (Eagandale Center Industrial Park - Streetlights) and
schedule a public hearing to be held on December 5, 1989.
M. Approve Resolution Rec a 3. '. i 4.. .Speed Limit
Determination (Lone Oak Drive)':" "' -
It was recommended to approve :&%resol-ution requesting MnDOT to
perform a speed study on Lone Oak O.U.ve f #ri Lone Oak Parkway to
Lone Oak Road (County Road
N. Project 86-EE, Final Acceptance (Park Knoll —Streets and
Utilities) .
It was recommended to accept the improvements installed under
Project 86-EE (Park Knoll - Sr ets and Utilities) for City
maintenance.
O. Project 88-D, Final AcceR.: .anc(6 '. :$uffer Hills Addition
Streets and Utilities) .
It was recommended to acGe .t z, improvements installed under
Project 88-D (Buffer Hills Addition - Streets and Utilities) for
City maintenance.
P. Project 88-A, Final Acceptance (Pond View Addition -
Streets and Utilities) .
It was recommended to acc.e Stip v3ements installed under
Project 88-A (Pond View Addition - Streets .j�nd Utilities) for City
maintenance.
Q. Project 89-P, Final Acceptant; (Raim""zssen College -
Utilities) '
It was recommended to accept the improvements installed under
Project 89-P (Rasmussen College - Utilities) for City maintenance.
R. Project 88-M, Final Acceptance (Pot: $ Addition - Sanitary
Sewer) .
It was recommended to aci '' eirt ?sements installed under
Project 88-M (Potts Addition- Sanitary Sewer) for City maintenance.
Page 7/EAGAN CITY COUNCIL MINUTES
November 9, 1989
S. Contract 89-14, Approve::Change-OiNr No. 1 (Coachman Water
Treatment Plant - Dehumidificacn�:;:
Councilmember Wachter had questions regarding the water hammer
and whether there was an air chamber. Consulting Engineer, Bob
Rosene, responded to Mr. Wachter's questions.
It was recommended to apQe:::C# . birder No. 1 to Contract
89-14 (Coachman Water Treatment, P1�t s ''''-''D4Z :umidification) and
authorize the Mayor and City Clerk :t*i exech a all related documents.
T. Contract 88-24, Approve CYh, " Or.. r No. 3 (Lexington
Avenue Reservoir).
Councilmember Wachter asked if the need for the revision was
discovered after the project began. Public Works Director Tom
Colbert stated it was found necessary in order to integrate the
stations.
It was recommended to agj4. :Sm:.;.Change Order No. 3 to Contract
88-24 (Lexington Avenue Reservo �r- .� t :authorize the Mayor and City
Clerk to execute all related docurgerits.
U. Vacate Portion of Lexingttan •: R-ight-of-Way, Receive
Request/Order Public Hearing.
It was recommended to receive a request to vacate a portion of
Lexington Way right-of-way and schedule a public hearing to be held
on December 5, 1989.
V. Vacate Portion of TruAk Iightra,X- ,,..13.,...-Receive Request/Order
Public Hearing.
It was recommended to receive a:'.reque�r, to vacate a portion of
old Trunk Highway 13 and schedule a Wblic #*:�:aring to be held on
December 5, 1989.
W. Authorize Termination of Declaration of Roadway Easement
(Eagandale Center Industrial Park 7th Addition) .
It was recommended to authorize the termination of a
declaration of roadway easement for the Eaggpdale Center Industrial
Park 7th Addition and authorize the Mayor ifid City Clerk to execute
all related documents.
X. Vacate Portion of Cedarvale Boulevard Receive
Petition/Order Publfc Hearing (Cedarvale S .*Dp g Center) .
Councilmember Egan asked if the only hold up in the past had
been the execution of the Agreement. Public Works Director Tom
Page 8/EAGAN CITY COUNCIL MINUTES
November 9, 1989
j
Colbert responded that the co�.tinuance off:::�-he matter in the past
was to allow execution of the 4i reement y::
It was recommended to receive the petition to vacate a portion
of Cedarvale Boulevard (Cedarvale Shopping Center) and schedule a
public hearing to be held on December 5, 1989.
Y. Receive Quotes/Award Rr.o ect., �s � nt Management System.
n ...a.... !!!r
It was recommended to -receive t;�e qud 6s and authorize the
purchase of the Pavement Management:`Ystem:`irom the apparent low
bidder, Braun Pavement Technology 1'n,:.the Mount of $14,978.00.
Z. Public Works Departmen. �:t.operaV.::Aoquisition for Water
Utility Purposes (Northeast corner of Pilot Knob and Cliff Roads) .
It was recommended to authorize the acquisition of Parcel
010-57 in the southwest quarter of Section 27 from Dakota County
for approximately $7,000 and authorize the Mayor and City Clerk to
execute all related documents.
Wachter moved, Gustafson seconded :the . motion to approve the
consent agenda items as amended, ;:and aizthox. ze their
implementation. All voted in fay .'.
CABLE INSTALLATION FOR.. j, STATIONS NO. 4 AND NO. 5
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Wachter had questions regarding the cost of
the installation. He stated he thought the installation was to be
free. Fire Chief Southorn remarked it was also his recollection
that the installation was to that Stations 4
and 5 were constructed after t rb6dtent :4n'd that installation
for those stations was not included.::::Counci.1-Member Wachter felt the
matter should be renegotiated as the`•cost was excessive.
Mayor Ellison asked if there wats'`':furth action the City could
take on the matter. Fire Chief Southorn felt' there was nothing
further the City could do. City Administrator Tom Hedges stated he
felt it was a matter of principle and that North Central should be
contacted reiterating that the City understood the installation was
to be free. Councilmember Wachter recommenced City staff negotiate
with North Central. Mr. Hedges informed the ::Council he would check
into the matter and return the matter to the*''Council on the consent
agenda.
Wachter moved, Gustafson seconded, the:.:Motion to direct staff
to contact Cable TV North Central to renegct.iate the cost for the
cable service installation at Fire Station ::iso. 4 and Fire Station
No. 5 and return the matter to the December 5, 1989, City Council
meeting. All voted in favor.
Page 9/EAGAN CITY COUNCIL MINUTES
November 9, 1989
VACATION OF PUBLIC RIGHT-OF�.WAY/LEXINGT4*.-::'WAY AT LEXINGTON AVENUE
City Administrator Tom Heig in 3iiced the matter to the
Council. Public Works Director Tom''tblbert explained the necessity
for the requested vacation. There was no public present at the
meeting regarding this item.
McCrea moved, Egan seconded:;; : ton to close the public
hearing and approve the vacatur ; o Born of public
right-of-way through Lexington Way �$ descr=ibed and authorize the
Mayor and City Clerk to execute a1T'.relat6d" documents.
PROJECT 586/SOUTH .QAK ?II;T O STREETLIGHTS
City Administrator Tom Hedges summarized the background
regarding the matter. Public Works Director Tom Colbert gave a
presentation and explanation of the project and feasibility report.
Councilmember McCrea questioned if the cost was high. Public
Works Director Tom Colbert reo0i.ted that there was no average cost.
He pointed out that because of:::.-�} .- pf.iguration of the development
and the small number of lots, the ii ' ..appear higher.
The petitioner requested apptov� of:::: ie project. Dave Wilmer
had concerns regarding the trenGafsg ?itblic Works Director Tom
Colbert explained the necessary.:.:#tih—al trenching.
Mr. Wilmer questioned the need for additional lights at the
entrance to the development. Mr. Colbert explained it was City
policy with all new developments to install lights at the entrance
to developments to make the roadway more visible. He stated because
this was not a new development.,, ,:i:.I :.� riis-stents desired removal of
the lights, the plans and speoficaciitis::would be revised. He
discouraged the elimination of the lights 4t.. the entrance because
the lights would make it easier for ;ors t" eling at night to see
the intersections. Mr. Wilmer asked If the :pity paid the
maintenance cost for the lights. Mr.*:%'Colbext: stated that a $2.65
charge would be added to the residents' quarterly sewer and water
bills. Mayor Ellison pointed out that Dakota Electric maintains the
streetlights.
McCrea moved, Wachter seconded, the mation to close the public
hearing and approve Project 586 (South oak$ :addition -
Streetlights) and authorize installation bv"'Dakota Electric
Association. All voted in favrr. :
STAFFORD PLACE ADDITJQN
City Administrator Tom Hedges presented" the background
information and history of the problems. He explained the various
neighborhood meetings and the results of the meetings. He noted
Page 10/EAGAN CITY COUNCIL MINUTES
November 9, 1989
that field inspections had bean raconducted::by City staff and
commented that the City had attmpteda cilitate a resolution of
the problems.
Public Works Director Tom Colbert reported that the
neighborhood meetings were well attended by the residents,
developer, builder and City staff. He explained the main concerns
were erosion due to improper :gadng, He, gonted out that the
drainage and grading plan had ,.re�? sec�..Which staff felt was
better than the original plan. Frorfter DdV.61opment has assured
staff that all problems with the grading, `-'erosion and mechanic
liens would be taken care of and pa(ld for die explained the
neighbors were very definite aIp.aut tint.. psia-)Abiiing any work to proceed
until the following issues were �grees : : (1) all property lot
corners be reestablished at rib"cost to•••the homeowner; (2) Frontier
Development provide a cash escrow; and ( 3) any destroyed or removed
trees be replaced. Mr. Colbert further explained the revisions and
corrections to the drainage and grading plan. He reiterated the
residents' main concerns were the work be done, done properly, at
no cost to residents, and the:::Vvrk be completed as soon as
possible. He informed the Cour 6ii�:itbA. .. Frontier Development was
working with Delta Development aiid::�;�iii ;0,4ger to begin work as soon
as possible but that a few techni-pal problems with the contracts
were holding the work up.
Mayor Ellison asked FrontierDevelopment if it was willing to
correct the residents' concer0s •` Mr. Colbert stated that Frontier
Development had assured him the problems would be corrected. For
the audience's information, City Administrator Tom Hedges read the
three issues as stated in the packet to the audience.
Scott Oaks (Frontier Devg;-ppmeot:)::.;.�rggff:irmed Mr. Colbert's
summary of the negotiations. regarding the timing
and the weather and stated Frontier was ready to start as soon as
possible. He pointed out Frontier wo"Id supply the necessary
financial assurances and updated the:::Gouncj-I.
:; on Frontier's history.
He felt the agreement with Delta DevelopmezL�.: would be settled soon
as Frontier was actively working with Delta•••'bevelopment.
Community Development Director Dale Runkle reported the
findings of the plumbing, building and electrical inspections. He
felt only one main problem remained which was a sunken
footing/foundation. He pointed out the mattO�p was being corrected.
Gordon Multz, 4013 Pennsy.lvah�$�•;...Ven leo*f stated he had lived in
his house since June of 1988. FIS: had :cGrCEits regarding Frontier
Development because its past performance wae:: poor and also because
of the mechanic liens. He stated he was gehdkally satisfied with
the suggested corrections. '
Page 11/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Blaine Duxbury, 4128 New?:York Avenuei::•requested further study
of the storm sewer drainage ptt .jem' regarding his lot.
Councilmember Egan requested'-:-A.::: its report of the mechanic
liens. Mr. Runkle stated there were no new liens. Mr. Oaks
commented that the new corporation had concerns regarding its
reputation and pointed out that its attorneys were working to
remove any invalid liens. He stated there were questions on the
landscaping liens and that hitt s or :y :were determining the
validity of such liens. He statin'*'`t �:ie'':'+were legitimate liens which
the attorneys were also evaluating :as to th4 amounts and the
number. He remarked it had only been.;;45 days since the
corporation's reorganization butthe: .attorneys and Frontier
were concerned for the homeowhgg- 4X.:410-.:*t �Cked that the homeowners
do have title insurance. He will' keep''fie- City staff updated.
June Rahman, 4120 New York Avenue, was unhappy with the
restructuring of her lot, in particular, the terracing. She
requested the escrowing of dollars and also a workable timeframe.
John Glenn commended Cra�q ' t;son and other City staff for
their efforts. He stated he thouth :: p er and Delta had reached
an agreement earlier and requested. prorri}at*:-'action from the Council.
He stated a further commitment was: necessary: from the developer.
Mark Parranto (Delta Deve.1:opm...& "informed the Council that
Delta was the fee owner of the. :-1Ahd which had been sold to Frontier
Development on a Contract for'''Deed. He explained the need to wait
thirty days in order to cancel the Contract with the former
Frontier company. He promised that if Delta received the land back,
it would correct the problems.
Councilmember Egan had gets z ?g ing the agreement with
Frontier and Delta. Mr. Parranto responded .that Delta Development
would sell to the new Frontier compa�� if i. would sign the
contracts. There was further discussion rec""j ding the contract
between Frontier and Delta.
Councilmember McCrea asked Mr. Parranto if Delta had a Letter
of Credit with the City at the present time. Mr. Parranto stated
Delta did have a Letter of Credit and if Delta regains ownership of
the property, it would provide the same.
Assistant City Attorney Joe Earley advised the Council on the
City's position regarding the Letter;x Cx4it.
Councilmember Egan recommended continuing the matter to the
November 14, 1989 special City Council meei*xhg to see if the
agreement between Delta and Frontier had bo4h executed.
Councilmember Wachter informed Mr. Parranto he felt it was Delta' s
responsibility to the homeowners to do the work correctly. Mr.
j
Page 12/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Parranto replied that Delta hid done the;;:a igina1 grading correctly
but that the builder had changehe gra during the building of
the homes. He stated that Delta.. adGvttii3ied to all the required
conditions of the development corittaCti."
Councilmember Wachter asked how long it would take to complete
the corrections. Mr. Oaks stated it would take approximately two
working weeks to complete the--gradajIg Rq
Mayor Ellison recommended con huing .lie matter to the
November 14, 1989 special Council �eeting''t'o allow staff and the
developer time to work out a time f�:ame feta:::the corrections. Mr.
Colbert pointed out that staff ,..Qptu�d :work �i t a proposal for a time
schedule to complete the world bit `die' 0 01- :'not state when the work
would start.
Councilmember McCrea felt that the default should continue and
that staff should also continue working on Blaine Duxbury's
concerns.
Councilmember Gustafson aske ::: 'rontier Development if it would
put up the dollars as requested: mr:::: o :.:responded that Frontier
would provide the Letter of Credit. when the:.:.agreement with 'Delta
was executed.
Dave Adkins, 4140 New York:.A- re-'Mib, questioned why current
action could not be taken and :#ai"r'k out the agreement later since
both companies stated they would fix the problem. Mr. Oaks
commented that any contractor doing the work would probably be
hesitant to Mr. Adkins' suggestion.
Mayor Ellison pointed ?? re::. tas no need for citizens
to attend the special Council i t�irg a0...::ii
E-
. not be a public
hearing.
Egan moved, Wachter seconded, tai;: motitto schedule a special
City Council meeting for November 14.`:::1989 at 5: 00 p.m. All voted
in favor. ....
Egan moved, McCrea seconded, the motion that the project
should remain in default until the November 14, 1989 special
Council meeting to allow staff to-implement,:# time schedule for
resolving the issues and financial guarantods. All voted in favor.
PARK AND TRAIV.."M ?DLI CY
City Administrator Tom Hedges explained.: that there was a
requested change from a proposed ordinance::.- :o a surcharge concept.
He recommended continuance of the matter tc''`allow the Advisory
Parks and Recreation Committee's review of the matter.
Page 13/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Wachter moved, Egan seconded, the moon to continue the Park
and Trail Dedication Policy to �j,-j..ow,. tk Advisory Parks and
Recreation Commission to conduc t:.:::.*"*.:'.'.'.;......'.":*.-
voted
on the issue. All
voted in favor.
KENNEL LICENSES/HENNEKE KENNEL LICENSE APPLICATION
City Administrator Tom Hesg .expJ, d that after review by
staff and the City Attorneys t was recommended that
the license not be issued at this t, me. He:::.0ointed out it was a
rezoning matter. Community Development Director Dale Runkle
explained the legal opinion regard . rg thefiterpretation of
kennels. Mr. Hedges statedthere•. weerosistencies in the City
Code regarding kennels in Co msi ral-A1 �� ;: agricultural areas. He
stated a two-part action was necessary, one to address the Henneke
application and another to direct staff to review City Code and
report back to the Council.
Mary Wallace (Realtor) informed the Council she was present at
the meeting for questions. C611n43cijmember Egan had concerns
nC
regarding the many inconsiste • es ;.a.....the City Code.
Councilmember Gustafson asked- Mary Wa•l.lace for a status report
on the sale of the house. Ms. Wallace, t ;$ cY the sale was
contingent upon City action. Mr... G s a son stated he felt it was
unfair to the Hennekes as it 10S• g :d ty Code problem. Councilmember
Egan stated he also felt badly:•'regarding the situation but that the
City could not discriminate.
Mayor Ellison explained the need to deny the Hennekes'
application.
Ms. Wallace asked for a ti#itf' am r>fi+rIedges responded it
would take approximate 30 to 60 days.;:;
Councilmember Wachter felt the M;*tter w•as cut and dry. Mr.
Runkle reported that staff felt the limit 6f.*three dogs or cats
would not change with any Code revision. Councilmember McCrea
explained the possible and probable City action to Ms. Wallace. Ms.
Wallace requested the City review the policies of other cities.
Councilmember Gustafson suggested use. ::the word "animals"
instead of "dogs or cats" in the rewording ;& an ordinance. There
was further discussion regarding thq.ter Qlogy.
Egan moved, McCrea seconded; the maf'ion, to deny the kennel
license application as submitted by Wayne and Karen Henneke. for a
kennel in a residential district. All voter::4: n favor.
Page 14/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Egan moved, McCrea secono6d, the motion to direct staff to
prepare an official amendment ?x Eour�c .::consideration regarding
kennel licenses. All voted in fevot: :
RECONSIDERATION FOR TRAILER PERMIT/JAMES HORNE
City Administrator Tom Hedges updated the Council on the
background of the matter and t3e:::: ::; 4cuest for
reconsideration. He stated thft&:: be::::t- b::::necessity for two
motions; one to reconsider the prevA:Okts Cecil action and another
to consider the new application. AsSstant ;pity Attorney Joe Earley
stated that it was a new applicati 0h':'::and z t:::*would not be necessary
to reconsider any past Council:.:ac.t h. :.
James Horne explained the necessity of the trailer. He pointed
out he had looked for commercial building space but it was either
too costly or too small. He explained that the trailer had been
moved last spring and located behind some oak trees with a berm
being built. He also stated the trailer had been repainted and that
it did not stand out.
Mayor Ellison commented on th6`:*ha-:rV of the request. He felt
the trailer was not beneficial to:::ahe area.•:•and suggested Mr. Horne
find a warehouse for the storage.:'.
Councilmember McCrea asked::a:'. ''Horne for a timeframe. Mr.
Horne responded that he wanted"to build a building as soon as
possible.
Councilmember Egan remarked that the permit was non-renewable
and that the Council has kept renewing. it in the past. He requested
Mr. Horne give the Council a `
in which he wished
to move into and the date of '
the mbve'''ani ''tfi'at he would make a
motion tying the date and the buildi4g into.:.t non-renewable permit.
He pointed out that the location of the budding could be changed
at a later date with notification to :ity Stiff.
Mr. Horne explained he was still searching for adequate space.
Councilmember McCrea explained the need to keep small
businesses in Eagan and felt that the Community Center may have
delayed Mr. Horne's progress. She suggested.:.*:giving Mr. Horne six
months to find a new location as the City 144 put a hardship on him
with the Community Center.
Mark Miller reiterated tnon-renewable and
felt that a six month extension was too len ;nt. He explained the
trailer was visible. He had no desire to sliu-,i Mr. Horne' s business
down. Councilmember McCrea felt the City owed long-time small
businesses its understanding. There was further discussion
regarding the renewal.
Page 15/EAGAN CITY COUNCIL MINUTES
November 9, 1989
Egan moved, Wachter seco ded, the, m0.t; Von to approve a six
month extension to May 15, 195 ! ::of 'the t.r;Aller permit to allow
oioil
James Horne time to indicate tcs :: # ::,:•'•''.'_n the location and date
of relocation. All voted in favor.
TRI-LAND PARTNERSHIP/TAX INCREMENT FINANCING
City Administrator Tom Hadges::•s?u .;-7 the project and the
tax increment financing request. :: e ; gg 'fed the Council direct
staff to review the tax increment f anc rig .-application and to
refer the matter to the Economic Development Commission and the
Finance Committee for further reviesV-:;to present their findings.
Wachter moved, GustafeE, a motion to acknowledge
acceptance of the application''of' tax increment financing for the
Eagan Center 5th Addition project and direct the City staff,
Economic Development Commission and Finance Committee to review the
application and present a findings for further review and
consideration by the City Council and to set a public hearing date
for the January 16, 1990 City .Cp.vncil meeting. All voted in favor.
STRATFORD OAKS/CONTRACT 892 .BIDS/AWARD CONTRACT
City Administrator Tom Hedges recoMeitded that the project be
cancelled and rebid in the sprino...,q
Wachter moved, Gustafson'.:e4conded, the motion to receive the
bids and cancel Contract 89-24 (Stratford Oaks) to be rebid in the
spring of 1990. All voted in favor.
AUDIT FIRM SELECTION
City Administrator Tom Hed4s r :rex'ed :'the proposals for the
Council. He pointed out that all firs that:.:.responded stated that
the Finance Department for the City ;qi Eaga'O: had an excellent
reputation.
Gustafson moved, Wachter seconded, th6`4notion to designate the
firm of Deloitte, Haskins, & Sells as the City's audit firm for the
purpose of conducting an audit of all financial transactions for
the years 1989, 1990 and 1991. All voted in favor.
AIRPORT RELATIONS COMMITTEE REe- +lENDATION/
BRASLAU-COLLBTTE C0RRID0 ':'STUDY
City Administrator Tom Fi6Q49i -6x A-in6d-• the corridor study and
requested Council direction. Assistant to the City Administrator
Jon Hohenstein presented the proposal.
Councilmember Egan asked if the City of Mendota Heights was
receiving bad advice. Mr. Hohenstein responded to his question. Mr.
I
Page 16/EAGAN CITY COUNCIL MINUTES
November 9, 1989
......
Egan asked if the study had b " submittq�$-*::to the FAA. Mr.
Hohenstein explained that the griIy.•..actlan:::`so far had been Mendota
Heights' approval and that the i�ttLrc id go to the MASAC
sometime in January, 1990.
Councilmember McCrea was concerned whether the resolution
would have the weight to show that the study had no credibility.
She questioned if additional re $: wer.E #ceded. Mr. Hohenstein
explained that the committee had t Ct�ee ~the possibility of a
consultant but felt it was prematur` :: Ther :.:was Council discussion
regarding the Mendota Heights/Eagan''agreement.
Cindy Ellis (ENAC) explained that F. `:was a noise abatement
citizens group. She explained ti .purp �. �5f the organization. She
was supportive of staff' s conclusion that there was no need for a
study at the present time. She reported that ENAC wanted to set
realistic goals and to work with the City.
Councilmember Wachter remarked that the types of planes in ten
or fifteen years could be chaiged:.•and that Eagan needed to think to
the future. Councilmember Gust �s
a � :explained that the committee
had reviewed future needs and that''' t::ar :::aiifficult to predict the
future.
.............
Don Grant stated that Eagan: �c04t3.d nit of ford to wait. He asked
Councilmember Wachter if the agreembfit with Mendota Heights was in
writing. He reviewed the effecta' of the corridor and requested
immediate Council action.
Councilmember Wachter was unsure where the document was and
suggested it may be with the Airport Committee. Mr. Grant suggested
that all participants at the `Mezidota Heights should
execute documents explaining tne:: aCtan :at' he meeting.
Councilmember Wachter recommended directing::::staff to prepare such
documentation.
McCrea moved, Gustafson secondeti'- - the :i�iQtion to adopt the
staff report in response to the Braslau-Collette Corridor Study and
to approve the resolution concerning the Braslau-Collette Corridor
Study as recommended by the Airport Relations Committee. All voted
in favor.
McCrea moved, Gustafson seconded, the fttion to direct the
Airport Relations Committee to review and recommend enhancements to
the City's position concerning ogt �.dox .�idures and to direct
staff to prepare four affidavits::•for qtr. -1:1a-r-r'ison, Mr. Grant, Mr.
Sperling and Councilmember Wachter regarding::::the meeting between
the Cities of Mendota Heights and the City?q� Eagan. All voted in
favor.
Page 17/EAGAN CITY COUNCIL MINUTES
b , November 9, 1989
HIGHVIEW PARK/EXTE$SION OF . �IMINARY PLAT
City Administrator Tom Hedgeis::�Xplaned the need f or the
extension. Community Development Director Dale Runkle explained the
extension should be for 90 days as City staff had several plats
before them at the present time.
Egan moved, Gustafson secaion to approve an
extension for 90 days to February 1S.�:•'1990::::-for the preliminary plat
entitled Highview Park Addition, stib ect i::the following
conditions:
1. The standard condition of pl$ , Sproval- as adopted by
Council action on September 15,'`1987 shad be complied with: Al,
Bi, B2, Cl, C2, C4, D1, E1, Fl and G1.
2. The building setback shall be on an imaginary line between
the existing homes on Lots 6 :1 ;ii. 7.
3 No setback variances shall be a3.1'owgd for newly created
homesites (Lots 1 and 2) .
4. Lots 1 and 2 shall co oCto City utilities.
5. The development shall provide a storm sewer outlet to the
existing low areas in the areas of Lots 1 and 2 or provide a
grading plan demonstrating adee::d :a .x for the area.
6. The developer shall provide : ::20-f*SS*%t trail easement
between proposed Lots 1 and 2.
All voted in favor.
SPECIAL HUNTING PERMIT/RICHARD MAURER
City Administrator Tom Hedges informed ;the Council no action
was required on this matter. Assistant City�-� ttorney Joe Earley
explained that bow and arrow Ttuz : g::.ss ;nod,:: included in the
Dangerous Weapons Ordinance. Nd s hwas:::: necessary
EAGAN CENTER ASSOCIATES/DAYCARE FACILITYI.:0ONDITIONAL USE 'PERMIT
City Administrator Tom Hedges introduced the application.
Community Development Director Dale Runkle explained the
Page 18{EAGAN CITY COUNCIL MINUTES
November 9, 1989
application and the daycare fol��i1i
ty to •�he.
Council. He stated that
the Advisory Planning Commissi-'6 had,. to i2rns regarding the parking
lot adjacent to the play area.
The applicant (Eagan Center Associates) clarified the play
area question. He stated that the square footage had been increased
and explained possible revisions to insure the safety of children.
He reported that the playas the fence was
connected to the building. Hee fit tjb-dd :that the Advisory Planning
Commission had requested limited visa:bilit�: fencing and that the
applicant would comply with the re(;.(4est.
Councilmember McCrea askod :f m of the lease. The
applicant responded five years.
Mayor Ellison asked if there was enough parking. The applicant
responded there would be sufficient parking.
Councilmember McCrea asked for the total number of vacant bays
remaining in the Center. The gip.."- cant responded there would be
only three remaining vacant daycare facility was
approved. He pointed out that the dayca :e.: facility was fulltime.
Councilmember McCrea had quegtione . 'i�g$rding the Sports Bar.
The applicant explained that the. 110ts Bar would not be
constructed_ and that it may be a.:ib&:iry Queen. Councilmember McCrea
had questions regarding liquor::::being sold near a child care center.
Mr. Hedges stated he would review the matter.
Councilmember Egan felt the daycare facility was a reasonably
good use for the area as there was a need for a daycare.
Egan moved, Wachter secon$ed, tYie 'mbfan to approve a
conditional use permit to allow' a da�reare facility in a CSC zoning
district for Eagan Center Associates>:dt Lot...:1, Block 1, Thomas Lake
Center, subject to the following cor4*.-tions;•:.
1. The fencing surrounding the play area shall be limited
visibility fencing.
2. The permit shall be subject to all:::0..pplicable Code
requirements.
All voted in favor.
WHISPERING WOODS FIFTH ADDITIOWREZONING
City Administrator Tom Hedges updated the Council regarding
the rezoning and stated that the Advisory Planning Commission
Page 19/EAGAN CITY COUNCIL MINUTES
L November 9, 1989
recommended approval. Communit . Developmqi'i'�' Director Dale Runkle
pointed out that the application::,':was...gn••34 :for rezoning. He
summarized the application and`'sstet ti$ all engineering
requirements had been met.
Wachter moved, Gustafson seconded, the motion to approve a
rezoning of approximately 9.5 Agricultural acres to a Single Family
district located west of Slate::f,Ad.;:�nd•:.:south of Cliff Road in the
southwest quarter of Section 3l : a :.Cecled by Burnsville Lumber
Company, Inc. for the Whispering Wd'd Fifth Addition. All voted in
favor.
CANVAS OF MUNIC :jkUC'.,1- t'RESULTS
City Administrator Tom Hedges explained that Minnesota state
law requires a municipality canvas the ballots of a previous
election within three days to make the results official.
McCrea moved, Gustafson seconded, the motion to review the
results of the 1989 municipal::�J-eption and declare the results of
the election as official. All vtted.:: .n;favor.
AIRPORT RELATIONS C0MMIT'-HE/RES`1GN4T.I0N/LYNN FIEMAN
City Administrator Tom Hedg .;g :la ned the necessity for
Council action.
Gustafson moved, McCrea seconded, the motion to accept the
resignation of Lynn Fieman from the Airport Relations Committee.
All voted in favor.
FOX RIDGE STORM SEWERi: ? 3g�T.:i.5 4:2{C.ONTRACT 88-34/
CHANGE:::.*M=.R':'
Public Works Director Tom Colber::�- revietaed the need for the
Change Order.
Wachter moved, Gustafson seconded, the-motion to approve
Change Order No. 2 to Contract 88-34 (Fox Ridge Storm Sewer -
Project 542) and authorize the Mayor and City Clerk to execute all
related documents All voted in favor.
PROJECT 543R/SIBLEY HILLS DkX-: `E/VIMR
City Administrator Tom Het : ia # d the appraisal
regarding the Vimr property antsasbiinolhaction regarding
deferral of the assessments. He explained t]-t the agreement had
been sent to Mr. Vimr with a five-year timeframe. He stated the
timeframe was not represented to Mr. Vimr at''*the last Council
meeting and that Mr. Vimr felt there was no time frame. Both Mr.
Hedges and Mr. Colbert pointed out that there were additional lots
Page 20/EAGAN CITY COUNCIL MINUTES
November 9, 1989
in the area with similar posszk�Je request s --'for deferment. He
requested Council direction and ;as3c ti f :fit wished to set a time
limit.
Don Vimr was present at the meeting. Councilmember Wachter
asked Mr. Vimr to explain his request. Mr. Vimr stated he would be
agreeable to five years at the current rate and after five years,
if the land developed, it wou.J- :# # :;die::a essed at the prevailing
rate.
There was Council discussion r,egarding, the appraisal and the
assessment amounts.
City Administrator Tom H 6ge5'e)44'4' ned that the controversy
was that Mr. Vimr requested deferral of $12,000. Mr. Hedges pointed
out a precedent could be set.
Mayor Ellison commented that the Council had already deferred
$12,000 for a few years.
Mr. Hedges reported to tyre Gtttiei;7.;.Ghat after staf f 's review
with legal counsel, staff was requee'tin4. 0ouncil direction
regarding a policy for the future;::
Councilmember Egan stated th&-t :h' had made the original motion
and it was his intent that the:`cef-'crment would be until there was
development.
Mr. Hedges reiterated his request for Council direction
regarding need to set a time limit for all future deferments.
Councilmember Wachter sue$ted'dterxang in Mr. Vimr's case
for five years with review at"**t''e 'end''-'o#''thd five year time period.
There was further Council discussion'::::xegard�hg City policy and time
limits.
Councilmember McCrea asked Mr. Colbert-: ::if he had problems with
the deferment or with a five year timeframe. Mr. Colbert stated he
would have no problem with the deferment or the time limit.
Ellison moved, Wachter seconded, the motion to set a five year
limit on the deferred $12,000 special assei4# ent regarding Project
543R and Don Vimr, with the Council to nevi the matter at the end
of the five year period. All voted.... n,..favQ:r...,
LEXINGTON POINTE 4TH AND "' TH ADDTTIOIfi /PARK ACQUISITION
Director of Parks and Recreation Ken Vj�aa presented
photographs and a diagram. He explained that if certain lots were
developed, there would be loss of trees adjacent to the Trapp Farm
Park. He explained that the Advisory Parks and Recreation Committee
Page 21/EAGAN CITY COUNCIL MINUTES
November 9, 1989
had reviewed the matter and i"6ommended -t.t City purchase certain
lots in the Lexington Pointe 4 ":::-and...5h :additions.
Mayor Ellison felt that $100,04 for park property was too
much. Councilmember McCrea had questions regarding the park site
fund. Mr. Vraa explained the use of the park site fund and stated
he felt this was an important issue for the future.
Councilmember McCrea aslr d :gr&.d:SWeri�s� I (developer) if he
would negotiate on the price of th4-'-4'ots. :r. Swenson pointed out
that the prices had been set. Counclmember.; Egan felt it was a lot
of money and requested further info. ation.'
City Administrator Tom H Wsti44'a`ed a field trip for the
Council as he experienced a different perspective after walking the
area.
Mayor Ellison suggested continuing the matter for two weeks
for further review. Councilmember McCrea remarked she felt it was
unfair to hold up the develop x::::as.,the lots were pre-sold. Mr.
Swenson stated he would review1Ncrrer.
Gustafson moved, Wachter se00nded, ,tha: motion to continue to
the November 21, 1989 City Council m� t�.ng?:the acquisition of
certain lots in Lexington Pointe." ::an 5th Additions to allow
Council visual inspection of * : -si:te. All voted in favor.
COUNCIL DISCUSSION
SNOW EMERGENCY PARKING BAN
Public Works Director Tomi : ::::Siarized the City's snow
emergency parking ban.
ST. FRANCIS WOODS. :4TH ADI}ITI0N
Public Works Director Tom Colbert infai**zned the Council that
staff was experiencing problems with the developer for St. Francis
Woods 4th Addition. He stated that construction was not completed
and that there was a serious erosion problem. He pointed out that
the developer was not complying to staff's request. He reported
that it is a two year problem and requested;touncil direction.
Councilmember McCrea suggeSt;ed ca7jJ p.g..;on the Letter of
Credit. Councilmember Egan askredi:: : the 'i fee of the default. Mr.
Colbert summarized the problems'-'-'ahT*'sta'ted''''there were many
complaints. Councilmember McCrea felt that::,: ;be Council should set a
policy for staff to follow in future situaUbns. Mayor Ellison
directed staff to go forward in correcting':'4�e problems.
Page 22/EAGAN CITY COUNCIL MINUTES
November 9, 1989
.'
Egan moved, Wachter sec6hcded, the mdt .:on to direct staff to
implement a notice of procedure :t4 cure .dcfaults and to place the
St. Francis Woods 4th Addition ' i::d #u '. All voted in favor.
STREET OPENING UPDATE
Public Works Director Tom Colbert informed the Council that
Diff ley Road was opened and that: Z;ex a-gton :Avenue and Johnny Cake
Road would be open within the fi;t!xt .Vwl
EMERGENCY PREP iREDNE5S' BOOK
City Administrator Tom Hadgge 3r .er 'the Council that a
revised copy of the Emergency ? would be
distributed to the Council.
MINNESOTA VALLEY HUMANE SOCIETY
City Administrator Tom Hedges requested direction from the
Council regarding a request ftdm-:-.the Minnesota Valley Humane
Society. Mr. Hedges was directed:: t.•cs ?2-end a letter to the Minnesota
Valley Humane Society indicating tY thd�e currently are dollars
in the contingency fund of the 10.0 budget�.::.however, that the
document had not been adopted and:::furttezr .: ihy amount considered
within the contingency requires, :£urtl4r''' onsideration by the City
Council during the calendar year::
VOLUNTEER ACCESS MEETING/CABLE
City Administrator Tom Hedges informed the Council that the
Volunteer Access Meeting regarding Cable would be held on November
14, 1989. He stated there was reed ftp i ::Gbuncil person to attend
the meeting. Councilmember Gustafson'tif1 'at'tend the meeting.
CRAY RES CH
City Administrator Tom Hedges and Publ' :e Works Director Tom
Colbert updated the Council regarding the berm over the utility
easement problem. They requested Council direction. It was
explained that Cray Research wanted an agreement that if there was
a problem, that Cray would assume the financial obligations. There
was concern that an agreement would set a ptecedent regarding
maintenance. Mr. Colbert pointed out that stiff felt the berm
should be lowered to protest the i provemexit,.but that Cray did not
want the berm lowered. He state ::;fa :. ? ::: tem was not in the
approved grading plan.
Councilmember Wachter expressed his op:#on that the City
could not allow the extra weight on the liries. He was opposed to
the berm and suggested checking with the City' s consulting
engineer. Councilmember Egan felt that Cray Research should be held
Page 23/EAGAN CITY COUNCIL MINUTES
November 9, 1989
1
responsible for the cost of ahk. damage. krf'' Colbert reiterated that
staff felt the berm should be .i}cuEred.
LOT STAKES
Councilmember Wachter pointed out that lot stakes had been
removed. Public Works Director Tom Colbert stated that if it were a
City contractor removing thetak- uld be replaced.
CHECKLIQ=-
Councilmember Wachter had quesOzons regarding certain items on
the checklists. City Administra; crr 'adgi�s stated he would
review the matter.
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated October 31, 1989 in the amount of $2,022,294.43,
the checklist dated November 7, 1989 in the amount of $960,758.20
and the checklist dated November 9, 1989 in the amount of
$198,149.14.
ADJOU
Egan moved, Wachter seconded:.,.*: *
irin to adjourn the
November 9, 1989 City Council meeb .A�..gt ••10:48 p.m. All voted in
favor.
CITY OF EAGAN
ii Mid 4.M I
• ••••. E': , ,••VAbOverbeke, City Clerk