10/20/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 20,1998
A regular meeting of the Eagan Ck, Council was held on Tuesday, October 20, 1998 at 6:30 p.m.
at the Eagan Municipal Center. Present'*tte Mayor Egan and Councilmembers Wachter, Awada, Masin
and Blom uist. Also resent were Ci frdntati iaA! ix:T Stkigdges, Senior Planner Mike Ridley, Director
9 P City .......::.....
of Public Works Tom Colbert, and Cit} Albpf�:�hiti4gtf
AGENDA
City Administrator Hedges stated that an update on the Eagan Forever Green Program would be
provided under Department Head Business
Councilmember Masin moved-Councilmember Awada seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THB.DCPO$f ( 6,1998 REGULAR MEETING
Councilmember Blomquist mo%W*"' hter seconded a motion to approve the
minutes as presented. Ave 5 Nay: 0
VISITORS TO BE HEARD
Larry Poppler, 3030 Poppler Lane, requested a meetin& be scheduled with the Public Works
Committee to discuss his final assessment costs in compArirx*s (o final assessments levied for
improvement projects in other neighborhoods in tkut G JvY%: 'ncdmember Wachter, as Chair of the
Public Works Committee, agreed to Mr. FW.#*`to schedule a meeting.
Ed Nelson, 1018 Boston Hill Road;.vcVs*w.d concern with the lack of reflective paint and
streetlights along Johnny Cake Ridge Road wK":Cftigte:tursafe driving conditions at night.
Staff was directed to consider streetlights on Johnny'.
oke Ridge Road south of Cliff Road.
DEPARTMENT HEAD BUSINESS
PARK DEPARTMENT - POOL NAMING CONTEST
City Administrator Hedgesprof f3 Sn rjt alttiiV:oir#his item.
Direction was provided to organize a committee comprised of members of the EDC, APrC, and
members of the community, to review t(je otenti4l4mes for the Aquatic Facility, as selected by the
Council, and submit a final recommen$iiti miCC:0. 4»cil deration. Councilmember Masin suggested
that the final names, as narrowed dow•w. ' ;ii ,; , - iinA,*.' itked on the public access channel. Mayor
Egan commended everyone who participated in the name selection process.
CONSENT AGENDA
In regard to Item Al, Hiring of la '$I � "`A Assistant City Administrator,
Councilmember Masin asked that utforrtt( 6(( 'be shif6d. 464]t the new assistant. City Administrator
Hedges commented about Mr. Verbruggg'y educational aiK wployment background.
In regard to Item D, Subgrantg ' reement, 1998 CSG Program with Dakota County HRS
Councilmember Wachter stated that he t� W:`P.'j ogram and would be abstaining from
voting on this item. ........
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998
PACE
In regard to Item F, Resolution declaring October 18-24 as Dakota County Water Resources
Awareness Week, Councilmember Masd :asked hose other resolutions and proclamations are publicized
and requested that the resolution be shol?irk: Dn the public access channel. Councdmember Wachter
commented on the significance of this obscn-anSf:......:
In regard to Item G, Change OrIt, 'fvE'A6if't'lstration Building, Councilmember Wachter
stated that Chief Building Official Reid iKQuld be providing an update on the progress of the construction
of the building later in the meeting.
In regard to Item W, Contract 98-12, approve Change Order No 3 (Eagan Aquatic Facility),
Councilmember Blomquist said she was concerned with the additional cost associated with this change
order and the affect on the overall project cost change orders will have. She further said she was opposed
to this item. Councilmember Wachter ct Atmented Mat some of these costs could have been offset if the
retaining wall near the library did not 14*i to be 1 4 t Councilmember Masin raised questions about the
adequacy of the soil borings that were taken on the3he. City Engineer Matthys explained that poor soil
conditions were found to exist m variouf$ocationstlboughout the two pool areas that are inadequate for
load bearing and proper subgrade draixtjge.;:1:I¢:fp#►te{;gRplained that numerous soil borings had been
taken on the site but the results were nos:tpiitcstiiA.ai:pgi}is6i�t in those specific areas.
A Personnel items
Item 1. It was recommended to approve the hiring of James Verbrugge as Assistant City Administrator.
Item 2. It was recommended to approve the
the Parks 6 Recreation Department.
Item 3. It was recommended to avvrove the lddne of
Item 4 It was recommended to approve the
skating instructor.
as Program k Events Supervisor in
G. Naas as a temporary engineering intern.
as a part-time seasonal
Item 5 It was recommended to approve the hiring of Torey Flategraft and Tom Kluge as part-time
seasonal supervisors at the Civic Arena.
Item b. It was recommended to approve the.hirigg of Nir-bWm Boland and Adam Estlund as part-time
seasonal skate guards at the Civic Arend i; , , is i;
Item 7. It was recommended to approNeihe hirin$i77Lindsay Nelsen as a part-time seasonal concession
worker at the Civic Arena.
a
It was
recommended to approve and implement a Comprehensive Guide Plan Amendment changing the land
use designation from Limited Industrial (IND) to Business Park (BP) for Outlot B and Lot 1, Block 2 of
Lexington Second Addition, located at Northwood Parkway west of Lexington Avenue.
C. Final Subdivision, Gardenwood Ponds I. :Aifafflag, D.R. Horton. It was recommended to approve
the Final Subdivision (Gardenwood Pond;32tiiitj`cbii,of 15 lots located north of Northview Park
Road and west of North Ridge Drive V. of Section
D. Subgrantee Agreement, 1998 CDF
approve the subgrantee agreement fc
(Councilmember Wachter abstained)
It was recommended to
with the Dakota County HRA.
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE
E. 1999 Toint Powers Agreement, South Metro Drug Task Force. It was recommended to approve the
agreement for continued participation in the South Metro Drug Task Force.
F.
It was
recommended to approve a resolution defAring•.Qctober 18-24,1998 as Dakota County Water Resources
Awareness Week.
G. Change Order No. 2, Fire Administr3iAn Building It was recommended to approve Change Order
No. 2 for the Fire Administration Buildiilgiflroject and authorize the Mayor and City Clerk to execute all
related documents.
H. Contract 97-01A, approve final payment, authorize City maintenance (Traffic Signals - Emergency
Vehicle Pre-emption). It was recommended to approve the final payment for Contract 97-01A (Traffic
Signals - Emergency Vehicle Pre-emptioA in the aptpunt of $27,541.11 to Egan McKay Electrical
Contractors Inc., and accept the improvtsRipnt for p."tual City maintenance subject to warranty
Provisions
3rd Add - Utility Imp ) It was recommjtoI i j i Cki 45- I ilgg*e completion of Contract 97-A (Gopher
Eagan Industrial Park 31d Addition - Utilities) and authorize perpetual City maintenance subject to
warranty provisions.
J. Contract 95-12, approve final payment, authorize Cit' maintenance (Deerwood Water Reservoir) It
was recommended to approve the final payment for Contra49;-12 (Deerw•ood Water Reservoir) in the
amount of $19,630.50 to Advance Tank and ConstntGgCtlgni5hd accept the improvement for perpetual
City maintenance subject to warrant proyj,iotlsi;i;:.;:;_;:;
K. Contract 97-10, an rove final paymAnt. aud.
Oak Parkway) It was recommended to app'm
Oak Parkway - Traffic Signalization) in the am4
and accept the improvement for perpetual City
,nt for Contract 97-10 (T.H. 149 at Lone
to Collins Electrical Construction Co ,
to warranty provisions.
L. Vacate easement (Lot 3. Block 3, Wescott Gardens ) - receive petition, schedule public hearing It was
recommended to receive the petition to vacate a drainage and utility easement, and schedule a public
hearing to be held on November 17, 1998.
M. Prosect 759, authorize feasibih!y repcd#:8eap -Siig: 5ijo1F Bell Road to Nicols Road - Street
Overlay). It was recommended to auth'i 9# the pt¢pRTation of a feasibility report along with preliminan
plans and specifications for Project 759 • au-De-ki a Street Overlay).
N. Prosect 752, authorizepreliminan ddiftis..lA
North (Street Overlay) It w•as recommtttit8ft#i7
752 Qohnny Cake Ridge Road - Street Overlay).
of preliminary plans for Project
O. Prosect 760, authorize feasibility report, Rahn Road (Beau -De -Rue to Cedarvale Blvd - Street
Overla . It was recommended to authorize the preparation of a feasibility report along with preliminan-
plans and specifications for Project 760 (RahuiFt giiCS> het Overlay).
P. Project 753, authorize Rre"m"k&Th
omas Lake $ti -Cliff Road to Ddflev Road (Street
Overla It was recommended to authorise the preparatio vo# prehminan plans for Project 753 (Thomas
Lake Road - Street Overlay)
EAGAN CITY COUNCIL MEET] NG MINUTES, OCTOBER 2o, 1998
PAGE
Q. Project 761, authorize feasibilitV report Duckwood Drive (Lexington Ave to Denmark Ave - Street
Overla •) It was recommended to authorize the preparation of a feasibility report along with preliminary
plans and specifications for Project 761 fDiiYkwood Drive - Street Overlay).
R Project 762, authorize feasibility reptirt� Duckwood Trail (Street Overlay) It was recommended to
authorize the preparation of a feasibility:.::?� : ' : lgt: .'.... 7.i; )Duckwood Trail- Street Overlay)
:
S. Protect 763, authorize feasibility report-Duckwood Estates (Street Overlay) It was recommended to
authorize the preparation of a feasibihty*ort for Project 763 (Duckwood Estates - Street Overlay)
T. Protect 764, authorize feasibility report, Selmark Harvey & Burrview Acres Additions (Street
Overlay). It was recommended to authorize the preparation of a feasibility report for Project 764
(Selmark, Harvey & Burrview Additions - Street Overlay).
U. Contract 98-07, approve final pavm" author&:City maintenance. (Wilderness Run 51h & 6N Add -
Street Overlay). It was recommended tpjipprove2W final payment for Contract 98-07 (Wilderness Run
5'h and 6'h Additions - Street Overlay) iA:ihe amoo:**:of $23,841.41 to McNamara Contracting, Inc., and
accept the improvement for perpetual gn}tYgsy,boecf to warranty provisions.
V. Contract 97-07, approve final payment, authoriie CitV maintenance (Eagan Business Commons -
Street & Utilities) It was recommended to approve the final payment for Contract 97-07 (Eagan Business
Commons - Street and Utility Improvements) in the amount of $20,503.46 to Northern Escrow, and accept
the improvement for perpetual City maintenance subject to warranty provisions
IV Contract 98-12, approve Change Ord
approve Change Order No. 3 to Contract
Improvements) and authorize the Mayoi`
(Councilmember Blomquist opposed)
X. Extension for recording the final plat of Royal OQ ki;>14
approve an Extension for a Final Subdivision (Royal Oak
approximately 21.4 acres located south of Yankee Doodle
Drive in the NE '/: of Section 14.
�r c Facility). It was recommended to
itic Facility - Site Grading and Utihh
execute alf related documents.
aks Realty It was recommended to
istin¢ of 34 lots and 4 outlots on
on the east side of Wescott Woodlands
Y Wine/Beer license for Sodhi Companies, dba Chutney Indian Bistro 1260 Town Centre Drive It was
recommended to approve the wine/beer lictiw.for Sodhi Companies, dba Chutney Indian Bistro, 1260
Town Centre Drive.
X.
Councilmember Wachter moved's'CounciWililt fiber A%ada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
Chief Building Official Reid prfi«IfR:lii7:# progress of the construction of the Fire
Administration Building He stated that the adjacent resit rin had expressed concerns with headlight
glare and the proposed landscaping plan. He discussed the measures being undertaken to address those
concerns
City Administrator Hedges providgdAg4--d2tftrgn the Eagan Forever Green tree sale that
occurred this past weekend. Mayor Egarr*Iciti 3- 000 donation that was received from
Dakota Electric
Councilmember Wachter state i that the Eagan Hist" Committee is working on the production
of a calendar containing historical Pict{ * Af
EAGAN CITY COUNCIL MEETING MINUTES: OCTOBER 2D, 1998
PACE
City Administrator Hedges noted that there were boy scouts attending the Council meeting who
are working toward completion of their Citizenship in the Community merit badge.
::FLIBLIC HEARINGS
PROJECT 72!+: AL:-: $Si' ,> ETv-T HEARING
DONNYW606Ah6(Sr"919 OVERLAY)
City Administrator Hedges prodidod an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. George Amell, 3180 Pilot
Knob Road, asked w•hv he was being assessed the same amount as the other property owners who
received the full benefit of the improvezip when,Q)q road in front of his property was only resurfaced
60 feet and not the entire length of his lot> Drectoi:i6 Public Works Colbert explained why this occurred
and added that the remainder of the str(4!n front:pf:bis property would be resurfaced next year.
There being no one else wishingfoslci:tdRyR?;Pt�avl�urned the discussion back to the Council.
Councilmember Masin asked if the resut4dC4fi►C;3ti6Rt lti#tOnt of Mr. Amell's property should be
denoted within the motion Director of Public Works Colbert stated that this action would occur as part
of the City's routine maintenance operations.
Councilmember Nlasin moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the final assessment roll for Project 727 Pprinyw•ood Addition - Street Overlay) and
authorize its certification to Dakota County for 4 Nay: 1 (Councilmember Blomquist
opposed)
PROJECT 7TB, FiNA.,L ASSB$iSMENT HEARING
EVERGREEN1''k�jk .(STREET OVERLAY)
City Administrator Hedges provided an overvieW tlltis item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak Rod Smith, 4280 Sequoia
Drive, commented on the successful completion of the project and how well received the improvements
have been. He stated that as a result of the slseet,construction the flow of the water has changed and
inquired about the impact this would hatv'v t.iit7iei pF iqT tetithat had been previously assessed for
storm sewer improvements. Director of:lfiJ he Wpj c9 o(tieit indicated he understood the issue and he.
would contact Mr. Smith if he had any fiiither quAe regarding the potential impacts of these
improvements to the adjacent neighbo;bftd's asspe.wents.
There being no one else wis j;} 14*6 turned the discussion back to the Council
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the final assessment roll for Project 728 (Evergreen Park Addition - Street Overlay)
and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember
Blomquist opposed)
PROA& 747, OAKVItW-CENTER
(STREET IMPMDVEMENTS &'S3GNALIZATION)
City Administrator Hedges pre"00 ,an,gyentiew.0, :this item and stated that a letter was sent to
the City by the developer of the OakviQko 4iiEei �ff6j)Abk o:Zonstruct the improvements privately
through a Developer's Agreement with 11i City` ai r:e--quesfing the cancellation of this project.
EAGAN CITY COUNCIL Nt=NG NUNUMS, OCTOBER 20, 1998
PAGE 6
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.:-.'-.'
Councilmember Awada moved, C$3!.ncdMember Masin seconded a motion to close the pubhc
hearing and cancel Project 747 (TH 149 a;$jQjiy]Aptkiitter - Street/Signalization
Improvements) Aye. 5 Nay: 0
PROJECT 7* -O; INAL ASSESSMENT HEARING
OAK CHASE 1sT - 3RD & 5TH ADDITIONS (STREET RECONSTRUCTION)
City Administrator Hedges provided an overview on this item and noted that 49 residential
property owners submitted written objections. Director of Public Works Colbert gave a staff report.
Councilmember Blomquist stated that sligivas absjfljlling from participating in the discussion on this item
because she lives in the project area
Xx-
Mayor Egan opened the public h"ring to *one wishing to speak
Roger Martin, 4435 Oak Chase ACiR{l iltiliiGiFte[( iib jrepresenting the Oak Chase neighborhood.
He noted that some of the residents do not want to pay any assessment amount for the reconstruction of
this street. He read from notes that were prepared by one of his neighbors as a result of a conversation
with Mr Frisbee, the original developer of the neighborhood, concerning the history of the road He
indicated that the neighborhood is satisfied with the construction results but unsatisfied with the
proposed assessment and added that 100% of the proper gwners have filed written objections. He
stated that the neighborhood group hired an apprai�erSjp'tE}orted that no increase to property values
occurred as a result of the reconstruction oft!ce'. i:: - ,, ...phalt surface. He further stated that a Dakota
County assessor said that street replacefikW: iii P5'not iri*ase property value He commented on recent
exceptions made by the Council to the C`ity's.a9Aessmentpobcy in regard to assessment amounts for
improvements made in the Oak Pond Hilli;'Lef35iiti #ake ;Carte and Country Home Heights
neighborhoods. He said that the neighborhood feeis'tliiti # 44messment pohcy is unfair and City streets
should be maintained by property taxes. He reviewed ttie ftQ Oborhood issues that included poor design
and construction of the street, inadequate maintenance and the lack of City records regarding the history
of the street. He recalled the recommendation from the December 19, 1997 City Council meeting was to
negotiate costs with the residents and proceed with the project. He added that, to date, no negotiation has
taken place. He further added that at that same meeting comments were made by Mayor Egan that there
was something unique to this subdivision gn0 W :would cpMider greater City participation in the cost.
He cited another comment made b}' Mai�.0011'::5$ ..... w3iltiti�F ;;fated there seemed to be sufficient
justification for deviation from the stant?ttf City ii @yyhlent policy. He also referenced comments made
by Councilmember Awada stating that:6i ounciFiii'd residents can work together to determine
assessment costs. He concluded his re4rRrks by salfjttg that the neighborhood would like to negotiate a
fair assessment with the Council.
Mayor Egan asked Mr Martin if he was in a position to offer the Council a figure for negotiations.
He added that there are substantial differences between this project and other projects where the Council
negotiated assessment amounts
John Sater, 4373 Oak Chase Lane, st4 '..i0iiA :0w+gsidents should not have to pay any assessment
higher than the cost for an overlay. He fu4er3iated i6ktbe Council has not made any attempt to
reduce the required neighborhood par
"00tiion of 75% of iJjj..bid amount.
Councilmember Awada said tlfbf:fhe Council has only 3ieviated from the assessment policy in
situations where the assessment amourl}:.. pqt_le�aYg:jysfl(�gi1le in relation to the benefit received. She
referred to comments made by her and:�i#q.� Of dSf+jj;... ..ft
. public hearing that was held in December
when the potential existed for a 53,800 per lot assessment. She said this amount was more than had ever
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE 7
been assessed and the most the Council felt it could defend was $4,000. She reiterated that the Council
does not negotiate assessment amounts unless the cost is not legally justifiable. She added that the
$2,886.80 assessment is in line with oth6sbiular projects
Mr. Sater asked Mayor Egan aboul.lhe "Wial consideration" that had been stated at a previous
public hearing given the fact that the roajl(i�t}jBEp>iA,tijtted:properly due to lack of budgeted money.
Mayor Egan responded that he ft :$4,569 was an unfair figure last December and he never
imagined the bids would come in so rea;:titiable and other administrative costs could be controlled to
reduce the amount of the assessment to $2,800.
Mr. Sater stated that the original bid contained another segment of roadway that was eliminated.
Director of Public Works Colbert explained that the original feasibility report included part of Oak Chase
6th Addition and when that portion was:MMoved tlte;assessment increased from $4,569 $4,800 per lot. He
further explained that there was a large f:t4imbero{ �ptc per front footage in the Oak Chase 61^ Addition
which resulted in a higher density and q j en that 9e.... ent was removed from the project it also reduced
greater participation in the cost of the ask4sment '«s
Mayor Egan stated that the bids what the estimate was and the
administrative costs were also controlled. Mr. Sater said that he felt the estimate was exaggerated and
that competitive bidding resulted in the costs being lowered Mayor Egan commented that sometimes bid
results are lower than the estimate, sometimes they are higher and sometimes they are exactly the same.
He noted that the feasibility report estimate is prepared at a preliminary stage and the engineer's estimate
is prepared after more detailed information is available Mr,.$pter, added that there is no basis for this
estimate and said that no construction index was usedif .-diK0iiitming the estimate Director of Public
Works Colbert stated that it is more accurdtg�..gfNalbid unit prices that have been received in
previous years since they reflect actual ifa:sli'--iipposed fq using a construction index. He noted that this
project was bid during the most compe6tiye.time.
Dick Nev, 4497 Oak Chase Lane, said that fi6t y.' the estimate for these projects is really high
and the bids results are lower which makes it appear as if f are saving money on their assessment
He stated that since these projects are routinely performed it should not be that difficult to determine
actual costs He added that the neighborhood agreed to proceed with the construction of the street when
the assessment amount was proposed to be $4,500 because they thought the Council was going to help
them out with the cost. Councilmember Awada stated that typically the estimate is not more than 10%
higher than the bids that are received.
Mr Ney questioned the justific6 <fii of'the:.Lriij� s appraisal process and asked why the County
Home Heights neighborhood received Y'h6w streeNI d the assessment was only $4,000 per lot
Councilmember Awada explained that's was oq¢:pf the few projects where the City deviated from the
assessment policy because the benefited,: *)p.uw}ki :J%ally,.justifiable only up to $4,000.
Jon Gilbertson, 4505 Oak Chase Road, questioned "y the appraisers are given a dollar amount
prior to conducting the appraisal. City Attorney Sheldon explained the City's appraisal process. He
added that the amount of benefit received from a specific public improvement varies significantly by
subdivisions. Director of Public Works Colbert said that based on past appraisals the difference in cost
between replacement of bituminous surfacffA1#s{ion of new concrete curb and gutter opposed
to bituminous surfacing only is typicall}' $l�Ii00 ib'S1'i54lftp,lot.
Karla Bothwell, 4575 Oak Chase'Koad, said that she'tibtained a letter from her appraiser stating
that the improvement made little or no401erence in the valyl Of their property
Andy Massaro, 4540 Oak Chastthat were completed before and
after the improvements are available to tFe residents City Attorney Sheldon stated that the initial
EAGAN CITY COUNCIL MUTING MINUTES; OCTOBER hl, ]996
PAGE
appraisals were completed prior to the start of the project. He added that the Cih• has not asked the
appraiser to complete any additional appraisals since the proposed assessment is within the amount that
was initially estimated He further added:Ltiat if this matter were brought to court additional appraisals
would be done. Mr. Massaro asked how:t)t benefit could be determined when a final appraisal has not
been completed. He referred to comments.,thAt we{R Aladg. previously regarding working with the
neighborhood. He said he would be int A'': tial itj raisal made by the City. Ms. Bothwell
indicated she would also like to see the ap tifSat'''"
City Attorney Sheldon stated th3f a appraisals that are prepared are for the purposes of
Litigation Mayor Egan added that the written objections filed by the residents of Oak Chase offer
jurisdictional protection for them to bring a state court action against the City.
Mr. Ney said that the assessment, policy is not fair. Mayor Egan stated that the tone and
comments being made by the residents 6Qthe Oak Chase neighborhood contain feelings of distrust. He
oq i
said that this is one of the last subdivisin the e City to be assessed and virtually no other
neighborhood has had this level of distrEiSiregardi*i"'the process the City follows. He explained that this
policy was adopted about ten years ago tiffd, althotio it has not been flawless, it has been a good pohcy.
He added that the Cih' conducted a deciding on this policy and examined
how other cities handled their street impioreiU¢ri):pfogt2trj4:,.:Ke said the Council felt that this policy
involved a fair, reasonable and equitable formula for determining assessments. He further said that this
is one of the last neighborhoods to be improved and virtually all of those subdivisions were treated on the
same basis as Oak Chase. He said it would be a fundamentally unfair system if the Council changed their
policy and gave Oak Chase residents a windfall as opposed to the residents who did not receive such a
break.
Councilmember Wachter comment'At ates have never been and are not being
padded as expressed by the residents of:.Ctiise. He:3Aid that staff has been instructed to be
conservative and try to keep costs as low as:gp�sible. lvfayor Egan reiterated that trust is lacking in this
situation.
Steve Boehm, 4576 Oak Chase, stated that the Cit%;'h :some inaccurate information regarding
the history of the construction of the road and the residents of Oak Chase provided a lot of accurate
information which has contributed to the mistrust thev feel.
Carol Hooten, 4568 Oak Chase Road, stated that when the issue of the appraisal was brought up
it was for the purpose of obtaining a fair assefsgtent. She said.that there was not any talk of litigation at
that time and the homeowners who opefiY¢yr.hia...P.. iit the appraisal are now unable to see the
appraisal. She stated that no Tennessett,}harning Wpy:provided to the homeowners prior to the appraisal
being conducted.
Allen Gilbert, 4568 Oak Chase A6D4;stete4 3A3 .wWer,the law there is a requirement that the City
must disclose to homeowners what use MMiil i t?: A# rmation and who will have access to it.
He added that the City violated a central part of the Data Practices Act. He stated that this issue was not
brought to the State Department of Administration for a ruling. He further added that the City had
indicated there was some problem with the maintenance of the road over time and, based on that,
statements were made that it was appropriate to make an adjustment to the actual cost to the
homeowners. He said the bids, which came-festimate, are now being considered an
adjustment which is contrary to earlier staftiq ei'iEs UiAf:ivGiit;made about working with the neighborhood
to adjust the cost
Mayor Egan stated that he maifp tatements in the bjQ of good faith based on information he had
at the time He said that the informatiii;{*.Jtad:Asttbodlyrwtk;ifeasibility report estimate cost of just
underS4,600 He also added that wtialfy VRfljjE;; it$ i>q#§ris were made about the street condition
and since then staff has provided additional information regarding the maintenance that has occurred in
EAGAN CRY COUNCIL MEETING MWUTES; OCTOBER 20, 1998
PAGE
this subdivision, a street rehabilitation summary comparing this project to other similar projects, and the
bid results lowered the cost significantly.
Mr. Gilbert stated that previous�;Vlayor Egan said the City had been remiss in the maintenance
of this street and the City's ordinance provides f oir p Teductfon.w here there are equitable reasons to do so.
Fred Buddle, 4491 Oak Chase Laii2;'iiafed'f}iafifteie'is a big difference between the estimate and
the actual cost. He further stated that tlit O+praisal process is ridiculous. He added that the City should
pay for approximately $50,000 of costs "jthe residents are being asked to pay 75% of. Director of Public
Works Colbert explained that the assessment was calculated according to the policy. Discussion occurred
regarding the unit charges that are assessed at 75% to the residents. Mr. Ney stated that some of the item
charges appear to be storm sewer related and should be paid 100% by the City. Director of Public Works
Colbert said that staff uses their best judgment as to how the items are categorized according to their
relationship with the work being performj;d He added that the interpretations made with regard to how
the costs were grouped in this situation were made -.,'consistent with past projects
Councilmember Wachter suggegfed applytiig a reduction of $800 per lot in addition to a
reduction of $90 for a sealcoat that the s02LK:{�id:ttAtfe+>e<ret,3WT. Ney questioned the purpose of the
quarterly storm sewer maintenance chaij gj i charge be included with property taxes.
Director of Public Works Colbert explained the purpose of the quarterly storm sewer utility charge.
Councilmember Wachter moved, Councihnember Awada seconded a motion to close the public
hearing. Aye: 4 Nay: 0
Councilmember Wachter moved, Mayor $gastl!loAdRd a motion to reduce the amount of the
assessment by $890 per lot.
Councilmember Masin questioAed Whaq.versi0n df the history of the road construction is
accurate. Director of Public Works Colbert sNW: i4r:th9Te are no official City records and both versions
are based on third party hearsay and are fairly similar:: W iltTded that, although the road construction
was substandard by 1998 standards, the standards in 197Z'ivedf not as well-defined and, therefore; it is
hard to say if the road construction was substandard.
Councilmember Masin asked if any of the appraisers used by the City had indicated that there
was a zero benefit. City Attomey Sheldon stated that one appraisal firm conducted the appraisals in this
subdivision and the appraisals did not indirateyt.zero be.T.Wfp,.;.
6.
Councilmember Malin asked Hifi the leGipi a Tennessen Warning and if it is required. City
Attorney Sheldon stated that it is the o0won of thMP6office that the Tennessen Warning, as applied by
this neighborhood, applies to people atiiot proppi!{y and the City is protected.
Councilmember Masin asked abO444 ... Iffi :o est assessment amounts that have been
approved in the past. Director of Public Works Colbert stated that, according to his recollection, the
lowest assessment amount for a street reconstruction project was probably $1,500 per lot four years ago in
a neighborhood with more homes per street mile. He said that there are a lot of different variables to be
considered when comparing costs of assessments for different projects.
Councilmember Masin stated tha�gffy; dfitCii:roject is complete, residents are happy with
the results and the amount of the assesyijeitt She said if H process is changed at this point the other
residents who have been assessed according to this policy to be given consideration She further
said she would be willing to support Ipb%jing at changing tho;pjocess.
Councilmember Awada comrni t "."*i{ i ity RKe project away from being completely done
with all the reconstruction of the original roads that were built in Eagan below the standards that exist
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20. 1998
PAGE 10
today. She said the proposed assessment is fair and in line with assessments for other similar projects and
it would be unfair to the other neighborhoods who have been assessed according to the policy to lower
the assessment for this neighborhood ...
Councilmember Wachter suggested an $800 reduction to the assessment amount and an
additional reduction for two sealcoatingstlyy� s�Etb:>at¢tified. This would be close to Mr. Nev's
estimated extra costs of $45,000. MayorEgati.tia?AiiP9tip Ottei4 Councilmember Wachter's motion
because of statements made by him thaC.Wkre made in good faith based on certain information that was
presented at the time and presumptlor>s dtit were made in December, 1997.
Councilmember Masin stated that the neighborhood expected a meeting for further discussion of
their assessment. Director of Public Works Colbert explained that at the neighborhood meetings the
residents referenced a desire to negotiate the cost but staff informed them that this type of discussion
usually occurs at the final assessment h;1t1g.
Discussion occurred regarding 1*amouri[4f the reduction. The motion was to include a
reduction of $800 and a reduction of 51893vhich it:Oip equivalent of two sealcoat applications, for a total
reduction of $980 resulting in an assessl�)pt:oE:$�$O,pgr.lot.
A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Awada opposed)
OFFICIAL MAP 0669-1 (NORTHWOOD PARKWAY dr DENMARK AVE -
R1GHT-OF-WAY ALIGNMENT)
City Administrator Hedges provided an overvat4v gdV..*iS item
Mayor Egan opened the public .n'hi '6i'inyo6I6 wishing to speak. There being no one, he
turned the discussion back to the Coun&
Councdmember Wachter moved, Coune@ 'Awada seconded a motion to close the public
hearing and cancel Official Map 0669-1 (Northwood Parkiu4y:�1d Denmark Avenue) until roadway
alignments are agreed upon between USPS for Denmark and property owners along Northwood
Parkway extended over 35-E Aye: 5 Nay: 0
OLD BUSINESS
PROJECT 673R, ADOPT-R&%PLA%-:i^ AL ASSESSMENT ROLL
(RED PINE• 1V -3 #jki'15`M413 UTILITIES)
City Administrator Hedges prc 4ed an ovatview on this item
Councilmember Blomquist mov�5j�XOA_ jr tl.... Mersin seconded a motion to continue
consideration of adopting the residual finA7asse's'smenf`Y' Ur' Project 673R (Red Pine Lane - Streets &
Utilities) to January 19, 1999. Aye: 5 Nay: 0
APPROVE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) DOCUMENT
(GRANQ.0"'ATi NESS PARK)
Cit' Administrator Hedges proy an overvie'Wt •this item. Director of Public Works Colbert
provided a history and summary of thj 4ki ironmental rev's@.` process and the resulting mitigation plan
He mentioned that in adopting the Fins) AUAR Document, tho City Council will be committing to
implementing the incorporated mibgajfpp plan that, has;a.pjG*wnt estimated value of $1,090,000 for
transportation related improvements, ile the City is not obligated to adopt a
EAGAN CITY COUNCIL MEETING MINLrrES, OCTOBER 20, 1998
PAGE 11
financing plan at this time, the AUAR Document's study area share of the traffic generation is
approximately 42% which equates to approximately 5957,800, or $3,080 per net assessable acre
Greg Miler, representing Wispal7 (expressed concerns with the AUAR document because the
study of traffic patters, although based gn,Surrentptterns: encompasses a 20 year timeframe, is very
complex and is purely conjecture. He sa1�}itA#.Gdl'iEi:;d6vey{ii�lslt
nts and the network of state and federal
highways that serve the region also contllDiifr'fti &' t,K' 4d Y—' -'&se mitigation measures but the onus is
being unfairly placed on development ir.t�bt triangle area. He added that in order to sell or develop the
property it is necessary to have a define4 ligation. He further added that they are willing to pay a fair
share for the mitigation measures.
David Salene, representing Parking Associates, generally concurred with Mr. Miller's comments
and said he is not in agreement with all of the forecasted conclusions associated with development of the
triangle area, especially those related to: i0fic
Councilmember Awada said th;{ij( the Cit?:Hoes not set the policy and collect the mitigation costs
prior to the development of this area thPrPicil be itiltiauthority to do so after development occurs Mr.
Salene said that they are not indicating t} y d4 ttptwataK*be.T.. ponsible for costs that they create but
want them defined as they occur rather thi4Eti3tt#itidr7�y: aE....... ed today. Director of Public Works
Colbert stated that the problem is Irving to identify which individual development will warrant which
portion of the mitigation measures that will need to be implemented.
Mr. Miller reiterated that the development of the triangle area will add only an incremental
change to the existing regional transportation system. Mal_pt.:$gan said he does not see that any
jurisdiction relinquishes its obligation to make facty}}4tibCf30.i6ations on improvements to the
transportation system. He further said thdt f)pt;iYJ44ponsible for the implementation of the ALAR
but not the creation.
Mr. Miler proposed the City apprfIV' ei 21k�f1'lR;and the mitigation plan with the proportionate
share of mitigation costs to be determined ata Egan said the City has to have some
tangible criteria to determine if and when there is a need ►dt4vy of these improvements. Mr. Miller
asked if the criteria could be created in the future subject to hearings, public input and input from the
State of Minnesota Mayor Egan questioned if the developer would be waiving his rights to object to
certain of these costs if the City approves the AUAR.
Councilmember Awada said that tlkC4Qmmcil is olden W the percentage that could be attributed to
the projected traffic increase in the study.:�#e¢;a7jt;;th¢:iic4!3:#p:jtave the exact dollar amount identified.
Mr. Miler said that existing corporate ifkl&l s 1A:ii i11 be using the same infrastructure will benefit .
but will not have to pay anything for tli6impro%) ents.
Director of Public Works Colbe :$4ted:fli3t;ius w9ss is very similar to the process that was
used in regard to the Promenade deve ruic(;11iCiE0d4ting of transportation related
improvements. He reiterated that the financing plan does not need to be adopted this evening but the
Council needs to be aware that the Capital Improvements Program will have to be increased by one
million dollars He added that the formula was calculated on an acreage basis as opposed to number of
cars or parking stalls because that information is not available. He further added that assumptions were
based on what has occurred in the area, what'xs441Y1'd:hy the land use and zoning and what is likely to
occur He stated that trying to project thelyiidotrbf';ent types of land uses is very difficult.
Councilmember Blomquist moved, Councilmemb&.'Masin seconded a motion to approve the
Final Alternative Urban Areawide Revwewd (AUAR) Documdafor the Grand Oak Business Park,
authorize its implementation, and acl � ;She.
p off} ::.:gyi¢,q;fpt:lCKfeN of development proposals. Aye: 5
Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE 12
Councilmember Blomquist requested staff provide additional information and said she wants to
ensure that this proposed financing policy is not similar to that of the road unit charge. She said the costs
should be fair and equitable to all land crrvners in this area.
Director of Public Works Colbertpxplained that the financial portion will have to be addressed
again as a potential condition of the prel"
Wispark's development application
?::..;•.
scheduled for later in the agenda. ........ ........... ....
E\?,'iltQ/ODD YEAR PETITION
City Administrator Hedges provided an overview on this item. Director of Finance/City Clerk
VanOverbeke described the process that has been used in reviewing the petition. Mayor Egan provided
additional history and background on this item He commended all the people who signed the petition
and indicated thew desire to be more inttCU•ed in this matter. He said that in a city of Eagan's size not
every ten to thirty thousand dollar line $eijl is put Cij:a referendum, but this is a significant issue that
should be given fair and due considerat'' b. He sai4e believed the intent of the people who signed the
petition was to get this issue placed on 2WerendljRi:for their input. He added that he was in support of
this position. Councilmember Awada concttq4d.and s;id :that the Council was not able to legally put this
matter on a referendum originally becaliiip:k{.."........ i! igpssion of a petition.
Councilmember Awada moved, Councilmember Blomquist seconded a motion to affirm the
Clerk's decision that a requisite petition had been received and direct staff to prepare a ballot question for
an election in early 1999.
Councilmember Blomquist questioned if the motlg#*AS s only, to affirm the Clerk's decision.
Councilmember Awada stated that the motion .
,.... C lfQ'dvecting staff to prepare language for a
ballot question. Councilmember Blomgpm: drew hbx:second to the motion.
Mayor Egan restated Councilmembpj klV�tdp:;,>notion and Councilmember Wachter seconded
the motion
Councilmember Blomquist indicated that she received'i letter from Joseph Mansky, of the
Secretary of States Office, that says the Council can rescind their previous action to change the election to
odd years She provided a copy of the letter for each member of the City Council. Mayor Egan restated
that he feels the people who signed the petition wanted a democratic opportunity to participate in pubhc
discussion regarding this issue. Councdmem¢¢r Blomquist said that she knows the people wanted to
spare expenses by changing the election tfli d Wipcidett:fff :; 6e is concerned with wasting additional
staff time and tax dollars on this seemirtp'simpl¢' 'iN""'
Councilmember Masin requestod.that tw'QWarate motions be made. She stated that some of the
people who signed the petition indicat${;ahey.... . t want the extra expense of a special election. She
said that about 10,000 people will bed"' i (&i2iCliiYpt.'t. W:Oip� eLon is changed to the odd year She said
she would prefer to affirm the Clerk's d-Usion'as`on'6 rh6tloft'and discuss the second matter separately.
Councilmember Wachter stated that the Citv runs the School Board election when it is held in the
odd year which involves the same expense Councilmember Blomquist disagreed with Councilmember
Wachter. Councilmember Awada added tha6.� soitwtaxpayers are involved
A vote was taken on the motlort? J°k) h: 3 Nay: T:{Irpuncilmembers Masin and Blomquist
opposed)
Betty Bassett, 2101 Wuthering ghts Roao, stated:$*t people who signed the petition indicated
a desire to avoid the additional cost of bidd#kt, f#(4j9fgpri irYf3ie odd year. She commented that changing
the election will disenfranchise 75`k of d*;61fg4vof6ft.1'i'Eagan She mentioned that some people said
EAGAN CRY COUNCIL MEMNG MINUTES; OCTOBER 20. 1998
PAGE 13
that when there is an odd year election it is more possible for small pressure groups to control the
election. She said it would be nice if the Council changed the election back to even years.
Councilmember Wachter stated:.tW he feels the average voter is not informed about the people
who run for City Council during even ye#r:elections because there are so many candidates running for
other offices. Ms. Bassett said that it u tffE Q} tliRoters to become informed.
Mayor Egan said that the 3.000 O"tioners who have signed the petition want to be part of a
democratic process and have the opportiti' , to vote on this matter. Ms Bassett stated that not all 3,000
people who signed the petition necessarily wanted the election held in the even year but it seemed as if
the majority of the people were opposed to the Council's action. Mayor Egan stated that signatures on
the petition represent 10% of the registered voters of the last election and are not indicative of the majority
and the other 90% should have an opportunity to be heard regarding this matter. Ms. Bassett said she
hoped there would be an opportunity fAithis issug, Jp be decided as part of the General Election and not
during a special election. Mayor Egan ;t�.4ed that2 signatures were not received in time for this
question to be put on the November 3 b3tlgt
Jerry Sowells, 3536 Lexington A•satK-..MjajjW bisy ition on this issue He said that voter
registration information shows that thre¢'j:jj6 K:bS:iElpinp:J3*0*vote in even years as do in odd years.
Susan Souchery-Widmar stated that only the most zealous of voters tum out in odd year
elections. She added that statistical studies have shown odd year elections do not attract large numbers of
voters and urged the Council to repeal their initial action changing elections to odd years.
Councilmember Wachter said that the reasgnt2tiRgleCtfon ,year was changed was to utilize the
staff who will already be working on the Sclwpt.$ottd:el$coon. He further said that no additional cost
would be incurred. He noted that voteK'alA: iOfZ InosVltdgeable in the odd year.
Mayor Egan stated that even year elecfSitq'Alst.guarantee an incumbent win since most of the
money is being spent on other federal and state rateir':':'i`:::: `'>';..
Ms. Souchery-Widmar stated that the most informed voters are the ones who show up in an off
year and, while that is commendable, it also mean that the election is more activist and zealot -oriented
than democratic.
Councilmember Blomquist stated ttypt;p¢ople queAyRped why the School Board is holding their
election in the odd year
Gale Anderson, 4295 Eagle Crtl rive, saKFfie supported even year elections and 90%of the
voters he has talked to also share his pptiQon
Mayor Egan said that this issug it;f3bfp l : 4Lscussed and well -reported in the media
and in other forums. He further said he is supportive of a referendum to give all voters the opportunity
to be part of a democratic process. He provided voter statistics from past elections. Councilmember
Blomquist stated that three times more people actually vote in even year elections in comparison to odd
year elections.
Sherie Davis said that elections s ... a the vears that the most people go to the
polls and requested the Council recons iiiCi their action
Michael Vincent, 3766 WindtrO iirive, said the Coi*p should determine the timeframe that the
special election will be held within. Ha{itjyF.pid ttagtt eS€r:talking with other people, he feels the
special election results will show that JdttG4lti '1 dtk elections. He added that time should be
spent to provide information to voters reg'a'rding boih sides of this issue and the proper notification
EAGAN CrrY COUNCIL MEETING MINUTES, OCTOBER 20, 1999
PAGE 14
should be given informing people when to vote on this matter. Councilmember Awada stated that the
petitioners had six months to present a petition and they did not submit it in time for the question to
legally be placed on the November 3 ballik— She added that this matter needs to be addressed prior to the
next General Election which is in two ye.w,'.: Mr. Vincent stated that people have indicated by submission
of the petition that they are not in favor of.94d yMr elections and the City Council has the opportunity to
rescind their decision, educate the people.a ballot during a General Election in the
future. Councilmember Awada stated "t' put an issue on a ballot if it involves the
sale of bonds or in response to this petit!Ri::
Councilmember Main stated that this dilemma exists because the City Council made a decision
without a lot of prior discussion. She further stated that if the Council holds a special election to address
this issue they are Overlooking the position of those petitioners who were in favor of saving money. She
said the Council could rescind their action jand have the question put on the ballot during the next major
election.
Councilmember Blomquist mo%W, CourvO*iember Main seconded a motion to change the
ordinance back to even year elections &1;4:p,ut the 4ii0stion on a referendum for the next General Election
Aye: 2 Nay: 3 (Councilmembers WacI% A gain opposed). The motion failed for
lack of a majority.
Mayor Egan asked if this issue could be placed on a referendum by the City Council. City
Attorney Sheldon said that state law provides that if a requisite petition is filed the Council can either put
the question on a referendum or repeal the ordinance. He added that if the ordinance is repealed the Cite
Council cannot take action to hold an advisory election at a,I&W date.
Councilmember Blomquist restated -Qi.&tW.motEpn was to repeal the Ordinance A vote was
taken on the motion. Aye: 2 Nay: 3 achter, Awada and Mayor Egan opposed)
X.
The motion failed for lack of a majority'
FINAL PLANNED DEVELOPMENT - NORTH AMERICAN PROPERTIES, LLC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report Director of Public Works Colbert stated that proper access to TH 149 may require
reconstructing the frontage road to providg.Xp0;jt of a loop.bAck to accommodate truck turning
movements This in turn may require and shifted 20 feet to the east with
additional nght-of-wav being providecE ......
Phil BettenbeTg, representing NvAh America Properties, stated that moving the building back to
accommodate the turning radius on K1 pOK COWI.-WiM.-Rpt A VTpblem and they will work with staff to get
.. ... ..
the proper design and setbacks. . ..
David Lynch, representing Twin City Wire, said that they have worked with North American
Properties and have reached a mutual agreement on the future access to Outlot C.
Councilmember Wachter moved,
Awada seconded a motion to approve a Final
Planned Development (to allow a 45,136 Q"U'*)#'bdt ....... arehouse) upon property currently platted
as Outlots A and B, Gopher Eagan Inclu-if-rW Park 2^d Adi# iptr subject to the following conditions:
7. The property shall be #'Vtatted into a single;w and block.
2. The applicant and/or di.&i. 10D a Final Planned Development Agreement
with the City prior to bul7ding permit issuance.
EAGAN CrrY COUNCIL WETING NUNUMS, OCTOBER 20, 1998
PAGE IS
3. The following exhibits are required for the Final Planned Development Agreement.
A. Final Sft:f ' Ian
B. Final LAn-dscaPe-Plan
C. Final B*`Adf 'S'
:0&'"ii�i4signage Plan
D. Lightin'g-:��:*".::.:..*:'.:..:::::"::,.:,:
4, The City shall reserve tM4 ' ight to require the construction of the proposed "proof of
parking" stalls should tfi*e''need arise.
5, The outside storage of materials, other than trash handling/ recycling containers, shall be
prohibited
6 Retail sales activities shPj1:be proh$Wed.
7. All trash and recyclable'ttiaterials:6011 be stored inside the principal buildings or within
a trash enclosure, attacbp-d. 11 buildi
!.... ng, which satisfies City Code
requirements.
8 All exterior lighting shall be hooded and directed to deflect Light away from adjacent
properties and rights-of-way.
9. All site signage shall comply with applicablex.equirements of the City Code
10, If Outlot C of Gopher Eagaip 2W A"tioads not legally combined with Lot 2, Block 1,
Gopher Eagan 2nd Additi or - t. :(Twin City Wire) prior to building permit issuance, this
development shall ext&d 4utility easement across the property to allow Outlot C future
connection to the sanitary t&4jo., -.W4kber main systems within Kutoff Court.
11. If Outiot C of Gopher Eagan 2-d A legally combined with Lot 2, Block 1,
Gopher Eagan 2-d Addition (Twin City Wire) prior to building permit issuance, a private
ingress/egress easement shall be provided across this property for future access for
Outlot C to Kutoff Court. Such easement shall minimally stipulate that access to both the
subject property and Outlot C shall be achieved via a shared access point from Kutoff
Court and shall be revieweaArt
approved b,y the City Attorney prior to issuance of a
building permit.
X.
12. The developer shall be,4i*ponsibW'fQr obtaining MnDOT permit approval for any work
within the Hwy, 149 rJJ1Wof-way..:,:---.
. ....... . . ...
13. The developer shall b���:*-*-*Kqnstruchon of Kutoff Court adjacent to the
site to an urban section with new bituminous paving and concrete curb and gutter.
14. In keeping with the long range development plan for the site, the driveway access
location for this development onto . K - utoff Court shall be located within currently
described OutlotA,Gophe;..FA.,%*A4clition. If the developer wishes to relocate the
*Xa,
intersection of Kutoff Cook :Tore Align with the driveway within Outlot
A, the developer shall qlh# n an access Oe j . from MnDOT for such work. The
developer shall be respoinsible for all costs associated with the relocation including all
Improvements that ma"y-
�.1
.e required by MnWT on TH 149 (i.e. turn lanes, bypass lanes,
etc
X
X
EAGAN CITY COUNCIL MEEMG NUNLn7ES, OCTOBER 20, iggs
PACE 16
15, Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant brmwoodlands to be preserved.
16. The applicant shall contact the City Forestry Division at least five days prior to issuance f
the grading permit to ert-� 3tlftelVSQt e approve Tree Preservation Plan.
IT A cash dedication in lieu.4f on-site ponding shall be required for the development. The
cash dedication shall bq.ijjsed on the area and the impervious characteristics of
developed lot.
18. This development shall be responsible for a cash trails dedication.
Aye: 5 Nay: 0
Chuck Thorkildson, 510 RoLling.1411s CircW, : tommented on the shift in the parking and loading
areas from the south to the east side and-liicl he w . i. 9 . toncerned that there had not been discussions with
the residents regarding these changes Wt:15.90m.*g Fg.spo.nded that an additional neighborhood
w
. . ..... . ...
meeting as held and the neighborhood:- '11% - k - P Changes.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Final
Plat (Gopher Eagan Industrial Park 4' Addition) Legally combining Outlots A and B, Gopher Eagan
Industrial Park 2-d Addition into a single parcel of land. Aye: 5 Nay. 0
PRELIMINARY SU
(WALDEN
City Administrator Hedges
staff report.
ROOK PROPERTIES
ADDITION)
on this item Senior Planner Ridley gave a
Councilmember Wachter moved, Councilmember'ik Oa seconded a motion to approve a
Preliminary Subdivision to create 17 lots on 8.36 acres on property currently platted as Oudot A, Walden
Heights First Addition, located south of Walden Drive and west of Richard Lane in the NE V. of Section 33
subject to the following conditions.
The developer shall comply .W* these standard conditions of plat approval as adopted
by Council on February aA
..... .. ....
BI, BZ B3, K 0*,' -*C2, C31: """ El
2. The property shall! be
.. .....
.........
. . ... .... ..
Grading
3. The proposed pond grading in the northwest corner of the site within a future addition of
Pine Tree Pass shall not begin until public easements for the pond and grading are
obtained by the developerdiodltd
., .4vith future platting of the Pine Tree Pass
,
development
Storm Drainal;
4, An outlet pipe to draidi ' on-site. Pond BLP -6 shall be in place prior to
development of this
EAGAN CITY COUNCIL MEETING WNUTES, OCTOBER 20, 1998
PAGE 17
Wetlands/ Water Ouah
5. The low area in the nor0mest comer of the site containing &.43 -acre jurisdictional
wetland shall be excavai.aito provide on-site treatment for runoff from and through this
parcel The normal water elevation of the pond shall be set at approximately one -foot
below the average elevA�6* . . 00
wetland boundary in order to protect
nearby upland vegetati6h. shall include a 10 -foot wide aquatic
bench from the normal %*er Level to one foot below normal Water level, and side slopes
below the bench should.*4:1. The pond shall have a minimum wet volume of 1.4 acre-
feet
Utilities
6. This development shall:t#end the.16-inch bunk water main through the site from the
south street stub and co**.hect to tkW..V)asting water main between lots 20 and 21, Hillcrest
Addition, in accordanc0 'JM ith the 6t' Water Supply and Distribution Plan (1996). In the
"
event the water main ir�tion t4:Oetjtioned as a public improvement, the project shall
be approved by the City, hTio,!iubdivision approval for this development.
Streets/ Access/ Circulation
7. This property shall not be allowed to develop until public street access to the west edge
of the site is dedicated to the public and under contact for construction.
Easements/ Rights-of-Way/Permits
8, The developer shall obt*in,wavorary 1#0ding easement from the prop" owners of
Lots 15 and 16, Hillcre4f Addition for the --required grading and storm sewer necessary
with the storm sewer connec6M op those properties
Tree Preservation
9 Tree Protective measures (i.e. 4 -foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/ woodlands to be preserved.
10. The applicant shall cont04?0* Fa**7..:Division at least five (5) days prior to the
issuance of the grading 0}n it to compliance with the approved Tree Preservation
Plan.
11. The placement of re""*S-.W#Jk
by City Forestry staff in the field
pntheir or to theconstrucatin.::'
Parks and Recreation
11 A cash trails dedication is required.
:isf-Walclen Heights 2nd Addition and of the
13. City staff shall work with: w
adjacent Pinetree Pass li... ion to acqU#" combined 10 -foot trail easement along the
western edge of Lot 11:* *&k 1 for the purp6be of a potential trail connection to the south
Ave.5 Nay 0
.............
EAGAN CITY COUNCIL ACTING MINLMES, OCTOBER 20, 1996
PAGE 16
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Variance of 5 feet to the required 30 -foot front yard setback to allow a 25 -foot setback from the public
right-of-way for all lots in the developm4i* Aye: 5 Nay. 0
PRELIMINARY SUBDIVISION - WISPARK CORPORATION
City Administrator Hedges proV*kd an overview on this item. Senior Planner Ridley gave a
staff report- Director of Public Works Cort stated that in order to approve this subdivision the City
Council needed to add a condition stipulating the developer's responsibility of costs associated with the
AUAR mitigation plan
Councilmember Masin asked if the ABTA or the Dakota County Transportation Specialist
provided input on the AUAR documenk Director of Public Works Colbert stated that the document was
made available to both of those agencies:
Greg Miller, representing Wispa , stated ftt he was in agreement with sharing the cost of
necessary mitigation measures but requwq l;Shni:tbg4i mbez be identified and capped
Mayor Egan agreed that the amount needed to be upped but said it also needs to be adjusted for
inflation. He added that the amount could be placed in escrow.to fund future improvements and could
be refunded if anticipated improvements are ultimately not necessary.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a
Preliminary Subdivision consisting of 5 lots and 5 outlot btt V4cres located south of Blue Gentian Road,
east of TH 55 in the north % of Section 2, subjeaftt .folkiiving conditions:
1. The developer shall codiply.with these standard conditions of plat approval as adopted
by Council on February 3,
Bl, B2, B3, B4, Cl, C2, C4, Dl, E1;1>f; Gl, H1
2. The property shall be platted.
3. The developer shall insure that the building plans, materials and construction of the
office portion of the building.#Rprovements,aFe such that they will provide an interior
sound level of 50 dBA a* p 6d W0 i7 iWOte level of 70 DNL at the inner boundary of
the noise zone.
4. Building designs must:opply wit:fhe standards for building height and exterior
treatment outlined in
5. The development shall meet its water gif iity mitigation requirements entirely through
on-site ponding. Ponds should be constructed to meet the City of Eagan's Detention
Basin Design Standards. Skimmers of a design suitable to the City shall be installed on
the outlet of all detention basins The discharge pipes from the detention basins should
be extended to the normal w#6wjiti iitof.Pond FP -1.
6. No grading or other di s>�%nce shall be:2i1J¢Wed below the nest of the pond slope
except for disturbance a3sociated with exteittiing discharge pipes down to the normal
water level of Pond FP * Those disturbed 4.kas shall be restabihzed with native
perennial grasses cortst}Lei}twith q�ciR66{�gt� types on the surrounding area
EAGAIN CrrY COUNCIL MEETING MIN=ES, OCTOBER 2D, 1998
PAGE 19
7. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with City standards.
8. Public right-of-way shou.4be dedicated on Outlot E on the final plat for the subdivision
to accommodate the re aj megt,gf.the east end of the rural (gravel) section of Blue
Gentian Road.
9. Outlot D shall be either;:. ..transferred to the City for combination with the adjacent
.. I
properties to the east 4.4cledicated as right -of -way for Blue Water Road on the final
plat.
10. The developer shall be responsible for a cash parks dedication and a cash trails
dedication.
11. Any signage wiII requirt..6i pern-ji:'a'd shall conform to the provisions of the Sign Code
12. An Owner's Association 4W be Geeabed, subject to review by the City Attorney's office,
prior to final subchvisioR"VWftt:_.Qu" W.sW be transferred, with recording of the
final plat, to the OwneriAiQ".:::
11 This development shall accept the City's determination of responsibility and costs of
$3,080 per net developable acre for AUAR Mitigative Traffic Improvements as identified
in the Final AUAR document approved on October 20, 1998. The financial obligation
shall be placed in an escrow account with the City to be used solely for financing the
improvements provements and any unused ApoWit %-ill be returned to the payers upon full
development of all the AUARMOPgrte a
Aye: 5 Nay: 0
ADMIMSTRA-Mt:,4GENDA
NATIONAL LEAGUE OF CITIES CONFEiENCE(YOUTH TRACY
City Administrator Hedges commented that the NLC has waived registration fees for youth
under 18 and the LMC is offering to provide a scholarship for two young people, ages 15 to 18, which will
cover additional expenses associated with.;.9demnce attend4.ace. He said that the City can submit the
names of two youth from the communit!t'.fDT-. .:epRjs}jderation. Councilmember Masin suggested
contacting the two individuals who recik*d schoijg Yips from the Eagan Foundation in addition to the
local School Districts.
FOOTINGS AND FOI.&6A11QR:4?.�ARKVIEW GOLF COURSE
...... ....
Councilmember Wachter moved, Cou'r'icilrriernibei:m6mquist seconded a motion to approve the
issuance of a footings and foundation permit to Parkview Golf Course with the understanding that the
actual building permit will not be issued until there is agreement regarding the amount of assessment
charges. Aye: 5 Nay: 0
PROJECT 749, EA$r. FRONTAGE ROAD
COOPERAYMAGREEP& ':RESOLUTION
Councitmember Wachter mov*4-.'.CounciImember Awada seconded a motion to approve the
resolution requesting funding from thi:p71C5RWV.v ayln* is through a cooperative
........ . ..... M of Transportation
agreement for Project 749 (East T.H. 55$pgt pp.kt. W$WW "Street Improvements) and authorize the
Mayor and City Clerk to execute all reiaI e.,-rit's". Xy,,e*,"'5 Nay: 0
EAGAN CITY COUNCIL MEETING WNI=; OCTOBER 2D, 1498
PACE 20
PROJECT" 750, ACCESS MODIFICATIONS & NEW FRONTAGE ROAD
COOPERATIVE AGREEMENT RESOLLTnON
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
resolution requesting funding from the '*ffj2-W";bf Transportation through a cooperative
.. q. ..4. .
agreement for Project 750 (Access Road - Street Improvements) and
authorize the Mayor and City Clerk to ehwilkibe all related documents. Aye 5 Nay: 0
77
ROUND TABLE
Councilmember Awada stated that she received a letter from Larkin Hoffman extending an
invitation to a meeting next Tuesday regarding Light rail.
Councilmember Blomquist said:&bt she afji� ded the last Airport Relations Commission meeting
and is concerned about the Valley View:j�fghborfi6iid- and will be providing ideas for noise monitoring to
City Administrator Hedges to share wAilNe new . A*istant City Adnunistrator.
The meeting adjourned at 11:50 p.m. to an Executive Session to consider pending litigation and to
seek direction regarding contract negotiations with the Police Dispatch Unit. Present were Mayor Egan
and Councilmembers Wachter, Awada and Masin, City Administrator Tom Hedges, Director of Public
Works Tom Colbert, and City Attorney Jim Sheldon.
Date City Clerk
If you need these minutes in an alternative form such as Large print, Braille, audio tape, etc., please contact the Cjth. of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6814600, (TDD phone: (612) 454-8535).
The City of Eagan is committed to the policy, or0'A%*k404-
4 access to its programs, services, JlCt"IbeS,
facilities and employment without regard national ongin, sex, disability, age, sexual
onentat2on, mantel status or status with Few to pub ...... istance.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 20,1998
A regular meeting of the Eagan Ck, Council was held on Tuesday, October 20, 1998 at 6:30 p.m.
at the Eagan Municipal Center. Present'*tte Mayor Egan and Councilmembers Wachter, Awada, Masin
and Blom uist. Also resent were Ci frdntati iaA! ix:T Stkigdges, Senior Planner Mike Ridley, Director
9 P City .......::.....
of Public Works Tom Colbert, and Cit} Albpf�:�hiti4gtf
AGENDA
City Administrator Hedges stated that an update on the Eagan Forever Green Program would be
provided under Department Head Business
Councilmember Masin moved-Councilmember Awada seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THB.DCPO$f ( 6,1998 REGULAR MEETING
Councilmember Blomquist mo%W*"' hter seconded a motion to approve the
minutes as presented. Ave 5 Nay: 0
VISITORS TO BE HEARD
Larry Poppler, 3030 Poppler Lane, requested a meetin& be scheduled with the Public Works
Committee to discuss his final assessment costs in compArirx*s (o final assessments levied for
improvement projects in other neighborhoods in tkut G JvY%: 'ncdmember Wachter, as Chair of the
Public Works Committee, agreed to Mr. FW.#*`to schedule a meeting.
Ed Nelson, 1018 Boston Hill Road;.vcVs*w.d concern with the lack of reflective paint and
streetlights along Johnny Cake Ridge Road wK":Cftigte:tursafe driving conditions at night.
Staff was directed to consider streetlights on Johnny'.
oke Ridge Road south of Cliff Road.
DEPARTMENT HEAD BUSINESS
PARK DEPARTMENT - POOL NAMING CONTEST
City Administrator Hedgesprof f3 Sn rjt alttiiV:oir#his item.
Direction was provided to organize a committee comprised of members of the EDC, APrC, and
members of the community, to review t(je otenti4l4mes for the Aquatic Facility, as selected by the
Council, and submit a final recommen$iiti miCC:0. 4»cil deration. Councilmember Masin suggested
that the final names, as narrowed dow•w. ' ;ii ,; , - iinA,*.' itked on the public access channel. Mayor
Egan commended everyone who participated in the name selection process.
CONSENT AGENDA
In regard to Item Al, Hiring of la '$I � "`A Assistant City Administrator,
Councilmember Masin asked that utforrtt( 6(( 'be shif6d. 464]t the new assistant. City Administrator
Hedges commented about Mr. Verbruggg'y educational aiK wployment background.
In regard to Item D, Subgrantg ' reement, 1998 CSG Program with Dakota County HRS
Councilmember Wachter stated that he t� W:`P.'j ogram and would be abstaining from
voting on this item. ........
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20, 1998
PACE
In regard to Item F, Resolution declaring October 18-24 as Dakota County Water Resources
Awareness Week, Councilmember Masd :asked hose other resolutions and proclamations are publicized
and requested that the resolution be shol?irk: Dn the public access channel. Councdmember Wachter
commented on the significance of this obscn-anSf:......:
In regard to Item G, Change OrIt, 'fvE'A6if't'lstration Building, Councilmember Wachter
stated that Chief Building Official Reid iKQuld be providing an update on the progress of the construction
of the building later in the meeting.
In regard to Item W, Contract 98-12, approve Change Order No 3 (Eagan Aquatic Facility),
Councilmember Blomquist said she was concerned with the additional cost associated with this change
order and the affect on the overall project cost change orders will have. She further said she was opposed
to this item. Councilmember Wachter ct Atmented Mat some of these costs could have been offset if the
retaining wall near the library did not 14*i to be 1 4 t Councilmember Masin raised questions about the
adequacy of the soil borings that were taken on the3he. City Engineer Matthys explained that poor soil
conditions were found to exist m variouf$ocationstlboughout the two pool areas that are inadequate for
load bearing and proper subgrade draixtjge.;:1:I¢:fp#►te{;gRplained that numerous soil borings had been
taken on the site but the results were nos:tpiitcstiiA.ai:pgi}is6i�t in those specific areas.
A Personnel items
Item 1. It was recommended to approve the hiring of James Verbrugge as Assistant City Administrator.
Item 2. It was recommended to approve the
the Parks 6 Recreation Department.
Item 3. It was recommended to avvrove the lddne of
Item 4 It was recommended to approve the
skating instructor.
as Program k Events Supervisor in
G. Naas as a temporary engineering intern.
as a part-time seasonal
Item 5 It was recommended to approve the hiring of Torey Flategraft and Tom Kluge as part-time
seasonal supervisors at the Civic Arena.
Item b. It was recommended to approve the.hirigg of Nir-bWm Boland and Adam Estlund as part-time
seasonal skate guards at the Civic Arend i; , , is i;
Item 7. It was recommended to approNeihe hirin$i77Lindsay Nelsen as a part-time seasonal concession
worker at the Civic Arena.
a
It was
recommended to approve and implement a Comprehensive Guide Plan Amendment changing the land
use designation from Limited Industrial (IND) to Business Park (BP) for Outlot B and Lot 1, Block 2 of
Lexington Second Addition, located at Northwood Parkway west of Lexington Avenue.
C. Final Subdivision, Gardenwood Ponds I. :Aifafflag, D.R. Horton. It was recommended to approve
the Final Subdivision (Gardenwood Pond;32tiiitj`cbii,of 15 lots located north of Northview Park
Road and west of North Ridge Drive V. of Section
D. Subgrantee Agreement, 1998 CDF
approve the subgrantee agreement fc
(Councilmember Wachter abstained)
It was recommended to
with the Dakota County HRA.
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE
E. 1999 Toint Powers Agreement, South Metro Drug Task Force. It was recommended to approve the
agreement for continued participation in the South Metro Drug Task Force.
F.
It was
recommended to approve a resolution defAring•.Qctober 18-24,1998 as Dakota County Water Resources
Awareness Week.
G. Change Order No. 2, Fire Administr3iAn Building It was recommended to approve Change Order
No. 2 for the Fire Administration Buildiilgiflroject and authorize the Mayor and City Clerk to execute all
related documents.
H. Contract 97-01A, approve final payment, authorize City maintenance (Traffic Signals - Emergency
Vehicle Pre-emption). It was recommended to approve the final payment for Contract 97-01A (Traffic
Signals - Emergency Vehicle Pre-emptioA in the aptpunt of $27,541.11 to Egan McKay Electrical
Contractors Inc., and accept the improvtsRipnt for p."tual City maintenance subject to warranty
Provisions
3rd Add - Utility Imp ) It was recommjtoI i j i Cki 45- I ilgg*e completion of Contract 97-A (Gopher
Eagan Industrial Park 31d Addition - Utilities) and authorize perpetual City maintenance subject to
warranty provisions.
J. Contract 95-12, approve final payment, authorize Cit' maintenance (Deerwood Water Reservoir) It
was recommended to approve the final payment for Contra49;-12 (Deerw•ood Water Reservoir) in the
amount of $19,630.50 to Advance Tank and ConstntGgCtlgni5hd accept the improvement for perpetual
City maintenance subject to warrant proyj,iotlsi;i;:.;:;_;:;
K. Contract 97-10, an rove final paymAnt. aud.
Oak Parkway) It was recommended to app'm
Oak Parkway - Traffic Signalization) in the am4
and accept the improvement for perpetual City
,nt for Contract 97-10 (T.H. 149 at Lone
to Collins Electrical Construction Co ,
to warranty provisions.
L. Vacate easement (Lot 3. Block 3, Wescott Gardens ) - receive petition, schedule public hearing It was
recommended to receive the petition to vacate a drainage and utility easement, and schedule a public
hearing to be held on November 17, 1998.
M. Prosect 759, authorize feasibih!y repcd#:8eap -Siig: 5ijo1F Bell Road to Nicols Road - Street
Overlay). It was recommended to auth'i 9# the pt¢pRTation of a feasibility report along with preliminan
plans and specifications for Project 759 • au-De-ki a Street Overlay).
N. Prosect 752, authorizepreliminan ddiftis..lA
North (Street Overlay) It w•as recommtttit8ft#i7
752 Qohnny Cake Ridge Road - Street Overlay).
of preliminary plans for Project
O. Prosect 760, authorize feasibility report, Rahn Road (Beau -De -Rue to Cedarvale Blvd - Street
Overla . It was recommended to authorize the preparation of a feasibility report along with preliminan-
plans and specifications for Project 760 (RahuiFt giiCS> het Overlay).
P. Project 753, authorize Rre"m"k&Th
omas Lake $ti -Cliff Road to Ddflev Road (Street
Overla It was recommended to authorise the preparatio vo# prehminan plans for Project 753 (Thomas
Lake Road - Street Overlay)
EAGAN CITY COUNCIL MEET] NG MINUTES, OCTOBER 2o, 1998
PAGE
Q. Project 761, authorize feasibilitV report Duckwood Drive (Lexington Ave to Denmark Ave - Street
Overla •) It was recommended to authorize the preparation of a feasibility report along with preliminary
plans and specifications for Project 761 fDiiYkwood Drive - Street Overlay).
R Project 762, authorize feasibility reptirt� Duckwood Trail (Street Overlay) It was recommended to
authorize the preparation of a feasibility:.::?� : ' : lgt: .'.... 7.i; )Duckwood Trail- Street Overlay)
:
S. Protect 763, authorize feasibility report-Duckwood Estates (Street Overlay) It was recommended to
authorize the preparation of a feasibihty*ort for Project 763 (Duckwood Estates - Street Overlay)
T. Protect 764, authorize feasibility report, Selmark Harvey & Burrview Acres Additions (Street
Overlay). It was recommended to authorize the preparation of a feasibility report for Project 764
(Selmark, Harvey & Burrview Additions - Street Overlay).
U. Contract 98-07, approve final pavm" author&:City maintenance. (Wilderness Run 51h & 6N Add -
Street Overlay). It was recommended tpjipprove2W final payment for Contract 98-07 (Wilderness Run
5'h and 6'h Additions - Street Overlay) iA:ihe amoo:**:of $23,841.41 to McNamara Contracting, Inc., and
accept the improvement for perpetual gn}tYgsy,boecf to warranty provisions.
V. Contract 97-07, approve final payment, authoriie CitV maintenance (Eagan Business Commons -
Street & Utilities) It was recommended to approve the final payment for Contract 97-07 (Eagan Business
Commons - Street and Utility Improvements) in the amount of $20,503.46 to Northern Escrow, and accept
the improvement for perpetual City maintenance subject to warranty provisions
IV Contract 98-12, approve Change Ord
approve Change Order No. 3 to Contract
Improvements) and authorize the Mayoi`
(Councilmember Blomquist opposed)
X. Extension for recording the final plat of Royal OQ ki;>14
approve an Extension for a Final Subdivision (Royal Oak
approximately 21.4 acres located south of Yankee Doodle
Drive in the NE '/: of Section 14.
�r c Facility). It was recommended to
itic Facility - Site Grading and Utihh
execute alf related documents.
aks Realty It was recommended to
istin¢ of 34 lots and 4 outlots on
on the east side of Wescott Woodlands
Y Wine/Beer license for Sodhi Companies, dba Chutney Indian Bistro 1260 Town Centre Drive It was
recommended to approve the wine/beer lictiw.for Sodhi Companies, dba Chutney Indian Bistro, 1260
Town Centre Drive.
X.
Councilmember Wachter moved's'CounciWililt fiber A%ada seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
Chief Building Official Reid prfi«IfR:lii7:# progress of the construction of the Fire
Administration Building He stated that the adjacent resit rin had expressed concerns with headlight
glare and the proposed landscaping plan. He discussed the measures being undertaken to address those
concerns
City Administrator Hedges providgdAg4--d2tftrgn the Eagan Forever Green tree sale that
occurred this past weekend. Mayor Egarr*Iciti 3- 000 donation that was received from
Dakota Electric
Councilmember Wachter state i that the Eagan Hist" Committee is working on the production
of a calendar containing historical Pict{ * Af
EAGAN CITY COUNCIL MEETING MINUTES: OCTOBER 2D, 1998
PACE
City Administrator Hedges noted that there were boy scouts attending the Council meeting who
are working toward completion of their Citizenship in the Community merit badge.
::FLIBLIC HEARINGS
PROJECT 72!+: AL:-: $Si' ,> ETv-T HEARING
DONNYW606Ah6(Sr"919 OVERLAY)
City Administrator Hedges prodidod an overview on this item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. George Amell, 3180 Pilot
Knob Road, asked w•hv he was being assessed the same amount as the other property owners who
received the full benefit of the improvezip when,Q)q road in front of his property was only resurfaced
60 feet and not the entire length of his lot> Drectoi:i6 Public Works Colbert explained why this occurred
and added that the remainder of the str(4!n front:pf:bis property would be resurfaced next year.
There being no one else wishingfoslci:tdRyR?;Pt�avl�urned the discussion back to the Council.
Councilmember Masin asked if the resut4dC4fi►C;3ti6Rt lti#tOnt of Mr. Amell's property should be
denoted within the motion Director of Public Works Colbert stated that this action would occur as part
of the City's routine maintenance operations.
Councilmember Nlasin moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the final assessment roll for Project 727 Pprinyw•ood Addition - Street Overlay) and
authorize its certification to Dakota County for 4 Nay: 1 (Councilmember Blomquist
opposed)
PROJECT 7TB, FiNA.,L ASSB$iSMENT HEARING
EVERGREEN1''k�jk .(STREET OVERLAY)
City Administrator Hedges provided an overvieW tlltis item. Director of Public Works Colbert
gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak Rod Smith, 4280 Sequoia
Drive, commented on the successful completion of the project and how well received the improvements
have been. He stated that as a result of the slseet,construction the flow of the water has changed and
inquired about the impact this would hatv'v t.iit7iei pF iqT tetithat had been previously assessed for
storm sewer improvements. Director of:lfiJ he Wpj c9 o(tieit indicated he understood the issue and he.
would contact Mr. Smith if he had any fiiither quAe regarding the potential impacts of these
improvements to the adjacent neighbo;bftd's asspe.wents.
There being no one else wis j;} 14*6 turned the discussion back to the Council
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve the final assessment roll for Project 728 (Evergreen Park Addition - Street Overlay)
and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember
Blomquist opposed)
PROA& 747, OAKVItW-CENTER
(STREET IMPMDVEMENTS &'S3GNALIZATION)
City Administrator Hedges pre"00 ,an,gyentiew.0, :this item and stated that a letter was sent to
the City by the developer of the OakviQko 4iiEei �ff6j)Abk o:Zonstruct the improvements privately
through a Developer's Agreement with 11i City` ai r:e--quesfing the cancellation of this project.
EAGAN CITY COUNCIL Nt=NG NUNUMS, OCTOBER 20, 1998
PAGE 6
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
turned the discussion back to the Council.:-.'-.'
Councilmember Awada moved, C$3!.ncdMember Masin seconded a motion to close the pubhc
hearing and cancel Project 747 (TH 149 a;$jQjiy]Aptkiitter - Street/Signalization
Improvements) Aye. 5 Nay: 0
PROJECT 7* -O; INAL ASSESSMENT HEARING
OAK CHASE 1sT - 3RD & 5TH ADDITIONS (STREET RECONSTRUCTION)
City Administrator Hedges provided an overview on this item and noted that 49 residential
property owners submitted written objections. Director of Public Works Colbert gave a staff report.
Councilmember Blomquist stated that sligivas absjfljlling from participating in the discussion on this item
because she lives in the project area
Xx-
Mayor Egan opened the public h"ring to *one wishing to speak
Roger Martin, 4435 Oak Chase ACiR{l iltiliiGiFte[( iib jrepresenting the Oak Chase neighborhood.
He noted that some of the residents do not want to pay any assessment amount for the reconstruction of
this street. He read from notes that were prepared by one of his neighbors as a result of a conversation
with Mr Frisbee, the original developer of the neighborhood, concerning the history of the road He
indicated that the neighborhood is satisfied with the construction results but unsatisfied with the
proposed assessment and added that 100% of the proper gwners have filed written objections. He
stated that the neighborhood group hired an apprai�erSjp'tE}orted that no increase to property values
occurred as a result of the reconstruction oft!ce'. i:: - ,, ...phalt surface. He further stated that a Dakota
County assessor said that street replacefikW: iii P5'not iri*ase property value He commented on recent
exceptions made by the Council to the C`ity's.a9Aessmentpobcy in regard to assessment amounts for
improvements made in the Oak Pond Hilli;'Lef35iiti #ake ;Carte and Country Home Heights
neighborhoods. He said that the neighborhood feeis'tliiti # 44messment pohcy is unfair and City streets
should be maintained by property taxes. He reviewed ttie ftQ Oborhood issues that included poor design
and construction of the street, inadequate maintenance and the lack of City records regarding the history
of the street. He recalled the recommendation from the December 19, 1997 City Council meeting was to
negotiate costs with the residents and proceed with the project. He added that, to date, no negotiation has
taken place. He further added that at that same meeting comments were made by Mayor Egan that there
was something unique to this subdivision gn0 W :would cpMider greater City participation in the cost.
He cited another comment made b}' Mai�.0011'::5$ ..... w3iltiti�F ;;fated there seemed to be sufficient
justification for deviation from the stant?ttf City ii @yyhlent policy. He also referenced comments made
by Councilmember Awada stating that:6i ounciFiii'd residents can work together to determine
assessment costs. He concluded his re4rRrks by salfjttg that the neighborhood would like to negotiate a
fair assessment with the Council.
Mayor Egan asked Mr Martin if he was in a position to offer the Council a figure for negotiations.
He added that there are substantial differences between this project and other projects where the Council
negotiated assessment amounts
John Sater, 4373 Oak Chase Lane, st4 '..i0iiA :0w+gsidents should not have to pay any assessment
higher than the cost for an overlay. He fu4er3iated i6ktbe Council has not made any attempt to
reduce the required neighborhood par
"00tiion of 75% of iJjj..bid amount.
Councilmember Awada said tlfbf:fhe Council has only 3ieviated from the assessment policy in
situations where the assessment amourl}:.. pqt_le�aYg:jysfl(�gi1le in relation to the benefit received. She
referred to comments made by her and:�i#q.� Of dSf+jj;... ..ft
. public hearing that was held in December
when the potential existed for a 53,800 per lot assessment. She said this amount was more than had ever
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE 7
been assessed and the most the Council felt it could defend was $4,000. She reiterated that the Council
does not negotiate assessment amounts unless the cost is not legally justifiable. She added that the
$2,886.80 assessment is in line with oth6sbiular projects
Mr. Sater asked Mayor Egan aboul.lhe "Wial consideration" that had been stated at a previous
public hearing given the fact that the roajl(i�t}jBEp>iA,tijtted:properly due to lack of budgeted money.
Mayor Egan responded that he ft :$4,569 was an unfair figure last December and he never
imagined the bids would come in so rea;:titiable and other administrative costs could be controlled to
reduce the amount of the assessment to $2,800.
Mr. Sater stated that the original bid contained another segment of roadway that was eliminated.
Director of Public Works Colbert explained that the original feasibility report included part of Oak Chase
6th Addition and when that portion was:MMoved tlte;assessment increased from $4,569 $4,800 per lot. He
further explained that there was a large f:t4imbero{ �ptc per front footage in the Oak Chase 61^ Addition
which resulted in a higher density and q j en that 9e.... ent was removed from the project it also reduced
greater participation in the cost of the ask4sment '«s
Mayor Egan stated that the bids what the estimate was and the
administrative costs were also controlled. Mr. Sater said that he felt the estimate was exaggerated and
that competitive bidding resulted in the costs being lowered Mayor Egan commented that sometimes bid
results are lower than the estimate, sometimes they are higher and sometimes they are exactly the same.
He noted that the feasibility report estimate is prepared at a preliminary stage and the engineer's estimate
is prepared after more detailed information is available Mr,.$pter, added that there is no basis for this
estimate and said that no construction index was usedif .-diK0iiitming the estimate Director of Public
Works Colbert stated that it is more accurdtg�..gfNalbid unit prices that have been received in
previous years since they reflect actual ifa:sli'--iipposed fq using a construction index. He noted that this
project was bid during the most compe6tiye.time.
Dick Nev, 4497 Oak Chase Lane, said that fi6t y.' the estimate for these projects is really high
and the bids results are lower which makes it appear as if f are saving money on their assessment
He stated that since these projects are routinely performed it should not be that difficult to determine
actual costs He added that the neighborhood agreed to proceed with the construction of the street when
the assessment amount was proposed to be $4,500 because they thought the Council was going to help
them out with the cost. Councilmember Awada stated that typically the estimate is not more than 10%
higher than the bids that are received.
Mr Ney questioned the justific6 <fii of'the:.Lriij� s appraisal process and asked why the County
Home Heights neighborhood received Y'h6w streeNI d the assessment was only $4,000 per lot
Councilmember Awada explained that's was oq¢:pf the few projects where the City deviated from the
assessment policy because the benefited,: *)p.uw}ki :J%ally,.justifiable only up to $4,000.
Jon Gilbertson, 4505 Oak Chase Road, questioned "y the appraisers are given a dollar amount
prior to conducting the appraisal. City Attorney Sheldon explained the City's appraisal process. He
added that the amount of benefit received from a specific public improvement varies significantly by
subdivisions. Director of Public Works Colbert said that based on past appraisals the difference in cost
between replacement of bituminous surfacffA1#s{ion of new concrete curb and gutter opposed
to bituminous surfacing only is typicall}' $l�Ii00 ib'S1'i54lftp,lot.
Karla Bothwell, 4575 Oak Chase'Koad, said that she'tibtained a letter from her appraiser stating
that the improvement made little or no401erence in the valyl Of their property
Andy Massaro, 4540 Oak Chastthat were completed before and
after the improvements are available to tFe residents City Attorney Sheldon stated that the initial
EAGAN CITY COUNCIL MUTING MINUTES; OCTOBER hl, ]996
PAGE
appraisals were completed prior to the start of the project. He added that the Cih• has not asked the
appraiser to complete any additional appraisals since the proposed assessment is within the amount that
was initially estimated He further added:Ltiat if this matter were brought to court additional appraisals
would be done. Mr. Massaro asked how:t)t benefit could be determined when a final appraisal has not
been completed. He referred to comments.,thAt we{R Aladg. previously regarding working with the
neighborhood. He said he would be int A'': tial itj raisal made by the City. Ms. Bothwell
indicated she would also like to see the ap tifSat'''"
City Attorney Sheldon stated th3f a appraisals that are prepared are for the purposes of
Litigation Mayor Egan added that the written objections filed by the residents of Oak Chase offer
jurisdictional protection for them to bring a state court action against the City.
Mr. Ney said that the assessment, policy is not fair. Mayor Egan stated that the tone and
comments being made by the residents 6Qthe Oak Chase neighborhood contain feelings of distrust. He
oq i
said that this is one of the last subdivisin the e City to be assessed and virtually no other
neighborhood has had this level of distrEiSiregardi*i"'the process the City follows. He explained that this
policy was adopted about ten years ago tiffd, althotio it has not been flawless, it has been a good pohcy.
He added that the Cih' conducted a deciding on this policy and examined
how other cities handled their street impioreiU¢ri):pfogt2trj4:,.:Ke said the Council felt that this policy
involved a fair, reasonable and equitable formula for determining assessments. He further said that this
is one of the last neighborhoods to be improved and virtually all of those subdivisions were treated on the
same basis as Oak Chase. He said it would be a fundamentally unfair system if the Council changed their
policy and gave Oak Chase residents a windfall as opposed to the residents who did not receive such a
break.
Councilmember Wachter comment'At ates have never been and are not being
padded as expressed by the residents of:.Ctiise. He:3Aid that staff has been instructed to be
conservative and try to keep costs as low as:gp�sible. lvfayor Egan reiterated that trust is lacking in this
situation.
Steve Boehm, 4576 Oak Chase, stated that the Cit%;'h :some inaccurate information regarding
the history of the construction of the road and the residents of Oak Chase provided a lot of accurate
information which has contributed to the mistrust thev feel.
Carol Hooten, 4568 Oak Chase Road, stated that when the issue of the appraisal was brought up
it was for the purpose of obtaining a fair assefsgtent. She said.that there was not any talk of litigation at
that time and the homeowners who opefiY¢yr.hia...P.. iit the appraisal are now unable to see the
appraisal. She stated that no Tennessett,}harning Wpy:provided to the homeowners prior to the appraisal
being conducted.
Allen Gilbert, 4568 Oak Chase A6D4;stete4 3A3 .wWer,the law there is a requirement that the City
must disclose to homeowners what use MMiil i t?: A# rmation and who will have access to it.
He added that the City violated a central part of the Data Practices Act. He stated that this issue was not
brought to the State Department of Administration for a ruling. He further added that the City had
indicated there was some problem with the maintenance of the road over time and, based on that,
statements were made that it was appropriate to make an adjustment to the actual cost to the
homeowners. He said the bids, which came-festimate, are now being considered an
adjustment which is contrary to earlier staftiq ei'iEs UiAf:ivGiit;made about working with the neighborhood
to adjust the cost
Mayor Egan stated that he maifp tatements in the bjQ of good faith based on information he had
at the time He said that the informatiii;{*.Jtad:Asttbodlyrwtk;ifeasibility report estimate cost of just
underS4,600 He also added that wtialfy VRfljjE;; it$ i>q#§ris were made about the street condition
and since then staff has provided additional information regarding the maintenance that has occurred in
EAGAN CRY COUNCIL MEETING MWUTES; OCTOBER 20, 1998
PAGE
this subdivision, a street rehabilitation summary comparing this project to other similar projects, and the
bid results lowered the cost significantly.
Mr. Gilbert stated that previous�;Vlayor Egan said the City had been remiss in the maintenance
of this street and the City's ordinance provides f oir p Teductfon.w here there are equitable reasons to do so.
Fred Buddle, 4491 Oak Chase Laii2;'iiafed'f}iafifteie'is a big difference between the estimate and
the actual cost. He further stated that tlit O+praisal process is ridiculous. He added that the City should
pay for approximately $50,000 of costs "jthe residents are being asked to pay 75% of. Director of Public
Works Colbert explained that the assessment was calculated according to the policy. Discussion occurred
regarding the unit charges that are assessed at 75% to the residents. Mr. Ney stated that some of the item
charges appear to be storm sewer related and should be paid 100% by the City. Director of Public Works
Colbert said that staff uses their best judgment as to how the items are categorized according to their
relationship with the work being performj;d He added that the interpretations made with regard to how
the costs were grouped in this situation were made -.,'consistent with past projects
Councilmember Wachter suggegfed applytiig a reduction of $800 per lot in addition to a
reduction of $90 for a sealcoat that the s02LK:{�id:ttAtfe+>e<ret,3WT. Ney questioned the purpose of the
quarterly storm sewer maintenance chaij gj i charge be included with property taxes.
Director of Public Works Colbert explained the purpose of the quarterly storm sewer utility charge.
Councilmember Wachter moved, Councihnember Awada seconded a motion to close the public
hearing. Aye: 4 Nay: 0
Councilmember Wachter moved, Mayor $gastl!loAdRd a motion to reduce the amount of the
assessment by $890 per lot.
Councilmember Masin questioAed Whaq.versi0n df the history of the road construction is
accurate. Director of Public Works Colbert sNW: i4r:th9Te are no official City records and both versions
are based on third party hearsay and are fairly similar:: W iltTded that, although the road construction
was substandard by 1998 standards, the standards in 197Z'ivedf not as well-defined and, therefore; it is
hard to say if the road construction was substandard.
Councilmember Masin asked if any of the appraisers used by the City had indicated that there
was a zero benefit. City Attomey Sheldon stated that one appraisal firm conducted the appraisals in this
subdivision and the appraisals did not indirateyt.zero be.T.Wfp,.;.
6.
Councilmember Malin asked Hifi the leGipi a Tennessen Warning and if it is required. City
Attorney Sheldon stated that it is the o0won of thMP6office that the Tennessen Warning, as applied by
this neighborhood, applies to people atiiot proppi!{y and the City is protected.
Councilmember Masin asked abO444 ... Iffi :o est assessment amounts that have been
approved in the past. Director of Public Works Colbert stated that, according to his recollection, the
lowest assessment amount for a street reconstruction project was probably $1,500 per lot four years ago in
a neighborhood with more homes per street mile. He said that there are a lot of different variables to be
considered when comparing costs of assessments for different projects.
Councilmember Masin stated tha�gffy; dfitCii:roject is complete, residents are happy with
the results and the amount of the assesyijeitt She said if H process is changed at this point the other
residents who have been assessed according to this policy to be given consideration She further
said she would be willing to support Ipb%jing at changing tho;pjocess.
Councilmember Awada comrni t "."*i{ i ity RKe project away from being completely done
with all the reconstruction of the original roads that were built in Eagan below the standards that exist
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 20. 1998
PAGE 10
today. She said the proposed assessment is fair and in line with assessments for other similar projects and
it would be unfair to the other neighborhoods who have been assessed according to the policy to lower
the assessment for this neighborhood ...
Councilmember Wachter suggested an $800 reduction to the assessment amount and an
additional reduction for two sealcoatingstlyy� s�Etb:>at¢tified. This would be close to Mr. Nev's
estimated extra costs of $45,000. MayorEgati.tia?AiiP9tip Ottei4 Councilmember Wachter's motion
because of statements made by him thaC.Wkre made in good faith based on certain information that was
presented at the time and presumptlor>s dtit were made in December, 1997.
Councilmember Masin stated that the neighborhood expected a meeting for further discussion of
their assessment. Director of Public Works Colbert explained that at the neighborhood meetings the
residents referenced a desire to negotiate the cost but staff informed them that this type of discussion
usually occurs at the final assessment h;1t1g.
Discussion occurred regarding 1*amouri[4f the reduction. The motion was to include a
reduction of $800 and a reduction of 51893vhich it:Oip equivalent of two sealcoat applications, for a total
reduction of $980 resulting in an assessl�)pt:oE:$�$O,pgr.lot.
A vote was taken on the motion. Aye: 3 Nay: 1 (Councilmember Awada opposed)
OFFICIAL MAP 0669-1 (NORTHWOOD PARKWAY dr DENMARK AVE -
R1GHT-OF-WAY ALIGNMENT)
City Administrator Hedges provided an overvat4v gdV..*iS item
Mayor Egan opened the public .n'hi '6i'inyo6I6 wishing to speak. There being no one, he
turned the discussion back to the Coun&
Councdmember Wachter moved, Coune@ 'Awada seconded a motion to close the public
hearing and cancel Official Map 0669-1 (Northwood Parkiu4y:�1d Denmark Avenue) until roadway
alignments are agreed upon between USPS for Denmark and property owners along Northwood
Parkway extended over 35-E Aye: 5 Nay: 0
OLD BUSINESS
PROJECT 673R, ADOPT-R&%PLA%-:i^ AL ASSESSMENT ROLL
(RED PINE• 1V -3 #jki'15`M413 UTILITIES)
City Administrator Hedges prc 4ed an ovatview on this item
Councilmember Blomquist mov�5j�XOA_ jr tl.... Mersin seconded a motion to continue
consideration of adopting the residual finA7asse's'smenf`Y' Ur' Project 673R (Red Pine Lane - Streets &
Utilities) to January 19, 1999. Aye: 5 Nay: 0
APPROVE FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) DOCUMENT
(GRANQ.0"'ATi NESS PARK)
Cit' Administrator Hedges proy an overvie'Wt •this item. Director of Public Works Colbert
provided a history and summary of thj 4ki ironmental rev's@.` process and the resulting mitigation plan
He mentioned that in adopting the Fins) AUAR Document, tho City Council will be committing to
implementing the incorporated mibgajfpp plan that, has;a.pjG*wnt estimated value of $1,090,000 for
transportation related improvements, ile the City is not obligated to adopt a
EAGAN CITY COUNCIL MEETING MINLrrES, OCTOBER 20, 1998
PAGE 11
financing plan at this time, the AUAR Document's study area share of the traffic generation is
approximately 42% which equates to approximately 5957,800, or $3,080 per net assessable acre
Greg Miler, representing Wispal7 (expressed concerns with the AUAR document because the
study of traffic patters, although based gn,Surrentptterns: encompasses a 20 year timeframe, is very
complex and is purely conjecture. He sa1�}itA#.Gdl'iEi:;d6vey{ii�lslt
nts and the network of state and federal
highways that serve the region also contllDiifr'fti &' t,K' 4d Y—' -'&se mitigation measures but the onus is
being unfairly placed on development ir.t�bt triangle area. He added that in order to sell or develop the
property it is necessary to have a define4 ligation. He further added that they are willing to pay a fair
share for the mitigation measures.
David Salene, representing Parking Associates, generally concurred with Mr. Miller's comments
and said he is not in agreement with all of the forecasted conclusions associated with development of the
triangle area, especially those related to: i0fic
Councilmember Awada said th;{ij( the Cit?:Hoes not set the policy and collect the mitigation costs
prior to the development of this area thPrPicil be itiltiauthority to do so after development occurs Mr.
Salene said that they are not indicating t} y d4 ttptwataK*be.T.. ponsible for costs that they create but
want them defined as they occur rather thi4Eti3tt#itidr7�y: aE....... ed today. Director of Public Works
Colbert stated that the problem is Irving to identify which individual development will warrant which
portion of the mitigation measures that will need to be implemented.
Mr. Miller reiterated that the development of the triangle area will add only an incremental
change to the existing regional transportation system. Mal_pt.:$gan said he does not see that any
jurisdiction relinquishes its obligation to make facty}}4tibCf30.i6ations on improvements to the
transportation system. He further said thdt f)pt;iYJ44ponsible for the implementation of the ALAR
but not the creation.
Mr. Miler proposed the City apprfIV' ei 21k�f1'lR;and the mitigation plan with the proportionate
share of mitigation costs to be determined ata Egan said the City has to have some
tangible criteria to determine if and when there is a need ►dt4vy of these improvements. Mr. Miller
asked if the criteria could be created in the future subject to hearings, public input and input from the
State of Minnesota Mayor Egan questioned if the developer would be waiving his rights to object to
certain of these costs if the City approves the AUAR.
Councilmember Awada said that tlkC4Qmmcil is olden W the percentage that could be attributed to
the projected traffic increase in the study.:�#e¢;a7jt;;th¢:iic4!3:#p:jtave the exact dollar amount identified.
Mr. Miler said that existing corporate ifkl&l s 1A:ii i11 be using the same infrastructure will benefit .
but will not have to pay anything for tli6impro%) ents.
Director of Public Works Colbe :$4ted:fli3t;ius w9ss is very similar to the process that was
used in regard to the Promenade deve ruic(;11iCiE0d4ting of transportation related
improvements. He reiterated that the financing plan does not need to be adopted this evening but the
Council needs to be aware that the Capital Improvements Program will have to be increased by one
million dollars He added that the formula was calculated on an acreage basis as opposed to number of
cars or parking stalls because that information is not available. He further added that assumptions were
based on what has occurred in the area, what'xs441Y1'd:hy the land use and zoning and what is likely to
occur He stated that trying to project thelyiidotrbf';ent types of land uses is very difficult.
Councilmember Blomquist moved, Councilmemb&.'Masin seconded a motion to approve the
Final Alternative Urban Areawide Revwewd (AUAR) Documdafor the Grand Oak Business Park,
authorize its implementation, and acl � ;She.
p off} ::.:gyi¢,q;fpt:lCKfeN of development proposals. Aye: 5
Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES, OCTOBER 20, 1998
PAGE 12
Councilmember Blomquist requested staff provide additional information and said she wants to
ensure that this proposed financing policy is not similar to that of the road unit charge. She said the costs
should be fair and equitable to all land crrvners in this area.
Director of Public Works Colbertpxplained that the financial portion will have to be addressed
again as a potential condition of the prel"
Wispark's development application
?::..;•.
scheduled for later in the agenda. ........ ........... ....
E\?,'iltQ/ODD YEAR PETITION
City Administrator Hedges provided an overview on this item. Director of Finance/City Clerk
VanOverbeke described the process that has been used in reviewing the petition. Mayor Egan provided
additional history and background on this item He commended all the people who signed the petition
and indicated thew desire to be more inttCU•ed in this matter. He said that in a city of Eagan's size not
every ten to thirty thousand dollar line $eijl is put Cij:a referendum, but this is a significant issue that
should be given fair and due considerat'' b. He sai4e believed the intent of the people who signed the
petition was to get this issue placed on 2WerendljRi:for their input. He added that he was in support of
this position. Councilmember Awada concttq4d.and s;id :that the Council was not able to legally put this
matter on a referendum originally becaliiip:k{.."........ i! igpssion of a petition.
Councilmember Awada moved, Councilmember Blomquist seconded a motion to affirm the
Clerk's decision that a requisite petition had been received and direct staff to prepare a ballot question for
an election in early 1999.
Councilmember Blomquist questioned if the motlg#*AS s only, to affirm the Clerk's decision.
Councilmember Awada stated that the motion .
,.... C lfQ'dvecting staff to prepare language for a
ballot question. Councilmember Blomgpm: drew hbx:second to the motion.
Mayor Egan restated Councilmembpj klV�tdp:;,>notion and Councilmember Wachter seconded
the motion
Councilmember Blomquist indicated that she received'i letter from Joseph Mansky, of the
Secretary of States Office, that says the Council can rescind their previous action to change the election to
odd years She provided a copy of the letter for each member of the City Council. Mayor Egan restated
that he feels the people who signed the petition wanted a democratic opportunity to participate in pubhc
discussion regarding this issue. Councdmem¢¢r Blomquist said that she knows the people wanted to
spare expenses by changing the election tfli d Wipcidett:fff :; 6e is concerned with wasting additional
staff time and tax dollars on this seemirtp'simpl¢' 'iN""'
Councilmember Masin requestod.that tw'QWarate motions be made. She stated that some of the
people who signed the petition indicat${;ahey.... . t want the extra expense of a special election. She
said that about 10,000 people will bed"' i (&i2iCliiYpt.'t. W:Oip� eLon is changed to the odd year She said
she would prefer to affirm the Clerk's d-Usion'as`on'6 rh6tloft'and discuss the second matter separately.
Councilmember Wachter stated that the Citv runs the School Board election when it is held in the
odd year which involves the same expense Councilmember Blomquist disagreed with Councilmember
Wachter. Councilmember Awada added tha6.� soitwtaxpayers are involved
A vote was taken on the motlort? J°k) h: 3 Nay: T:{Irpuncilmembers Masin and Blomquist
opposed)
Betty Bassett, 2101 Wuthering ghts Roao, stated:$*t people who signed the petition indicated
a desire to avoid the additional cost of bidd#kt, f#(4j9fgpri irYf3ie odd year. She commented that changing
the election will disenfranchise 75`k of d*;61fg4vof6ft.1'i'Eagan She mentioned that some people said
EAGAN CRY COUNCIL MEMNG MINUTES; OCTOBER 20. 1998
PAGE 13
that when there is an odd year election it is more possible for small pressure groups to control the
election. She said it would be nice if the Council changed the election back to even years.
Councilmember Wachter stated:.tW he feels the average voter is not informed about the people
who run for City Council during even ye#r:elections because there are so many candidates running for
other offices. Ms. Bassett said that it u tffE Q} tliRoters to become informed.
Mayor Egan said that the 3.000 O"tioners who have signed the petition want to be part of a
democratic process and have the opportiti' , to vote on this matter. Ms Bassett stated that not all 3,000
people who signed the petition necessarily wanted the election held in the even year but it seemed as if
the majority of the people were opposed to the Council's action. Mayor Egan stated that signatures on
the petition represent 10% of the registered voters of the last election and are not indicative of the majority
and the other 90% should have an opportunity to be heard regarding this matter. Ms. Bassett said she
hoped there would be an opportunity fAithis issug, Jp be decided as part of the General Election and not
during a special election. Mayor Egan ;t�.4ed that2 signatures were not received in time for this
question to be put on the November 3 b3tlgt
Jerry Sowells, 3536 Lexington A•satK-..MjajjW bisy ition on this issue He said that voter
registration information shows that thre¢'j:jj6 K:bS:iElpinp:J3*0*vote in even years as do in odd years.
Susan Souchery-Widmar stated that only the most zealous of voters tum out in odd year
elections. She added that statistical studies have shown odd year elections do not attract large numbers of
voters and urged the Council to repeal their initial action changing elections to odd years.
Councilmember Wachter said that the reasgnt2tiRgleCtfon ,year was changed was to utilize the
staff who will already be working on the Sclwpt.$ottd:el$coon. He further said that no additional cost
would be incurred. He noted that voteK'alA: iOfZ InosVltdgeable in the odd year.
Mayor Egan stated that even year elecfSitq'Alst.guarantee an incumbent win since most of the
money is being spent on other federal and state rateir':':'i`:::: `'>';..
Ms. Souchery-Widmar stated that the most informed voters are the ones who show up in an off
year and, while that is commendable, it also mean that the election is more activist and zealot -oriented
than democratic.
Councilmember Blomquist stated ttypt;p¢ople queAyRped why the School Board is holding their
election in the odd year
Gale Anderson, 4295 Eagle Crtl rive, saKFfie supported even year elections and 90%of the
voters he has talked to also share his pptiQon
Mayor Egan said that this issug it;f3bfp l : 4Lscussed and well -reported in the media
and in other forums. He further said he is supportive of a referendum to give all voters the opportunity
to be part of a democratic process. He provided voter statistics from past elections. Councilmember
Blomquist stated that three times more people actually vote in even year elections in comparison to odd
year elections.
Sherie Davis said that elections s ... a the vears that the most people go to the
polls and requested the Council recons iiiCi their action
Michael Vincent, 3766 WindtrO iirive, said the Coi*p should determine the timeframe that the
special election will be held within. Ha{itjyF.pid ttagtt eS€r:talking with other people, he feels the
special election results will show that JdttG4lti '1 dtk elections. He added that time should be
spent to provide information to voters reg'a'rding boih sides of this issue and the proper notification
EAGAN CrrY COUNCIL MEETING MINUTES, OCTOBER 20, 1999
PAGE 14
should be given informing people when to vote on this matter. Councilmember Awada stated that the
petitioners had six months to present a petition and they did not submit it in time for the question to
legally be placed on the November 3 ballik— She added that this matter needs to be addressed prior to the
next General Election which is in two ye.w,'.: Mr. Vincent stated that people have indicated by submission
of the petition that they are not in favor of.94d yMr elections and the City Council has the opportunity to
rescind their decision, educate the people.a ballot during a General Election in the
future. Councilmember Awada stated "t' put an issue on a ballot if it involves the
sale of bonds or in response to this petit!Ri::
Councilmember Main stated that this dilemma exists because the City Council made a decision
without a lot of prior discussion. She further stated that if the Council holds a special election to address
this issue they are Overlooking the position of those petitioners who were in favor of saving money. She
said the Council could rescind their action jand have the question put on the ballot during the next major
election.
Councilmember Blomquist mo%W, CourvO*iember Main seconded a motion to change the
ordinance back to even year elections &1;4:p,ut the 4ii0stion on a referendum for the next General Election
Aye: 2 Nay: 3 (Councilmembers WacI% A gain opposed). The motion failed for
lack of a majority.
Mayor Egan asked if this issue could be placed on a referendum by the City Council. City
Attorney Sheldon said that state law provides that if a requisite petition is filed the Council can either put
the question on a referendum or repeal the ordinance. He added that if the ordinance is repealed the Cite
Council cannot take action to hold an advisory election at a,I&W date.
Councilmember Blomquist restated -Qi.&tW.motEpn was to repeal the Ordinance A vote was
taken on the motion. Aye: 2 Nay: 3 achter, Awada and Mayor Egan opposed)
X.
The motion failed for lack of a majority'
FINAL PLANNED DEVELOPMENT - NORTH AMERICAN PROPERTIES, LLC.
City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report Director of Public Works Colbert stated that proper access to TH 149 may require
reconstructing the frontage road to providg.Xp0;jt of a loop.bAck to accommodate truck turning
movements This in turn may require and shifted 20 feet to the east with
additional nght-of-wav being providecE ......
Phil BettenbeTg, representing NvAh America Properties, stated that moving the building back to
accommodate the turning radius on K1 pOK COWI.-WiM.-Rpt A VTpblem and they will work with staff to get
.. ... ..
the proper design and setbacks. . ..
David Lynch, representing Twin City Wire, said that they have worked with North American
Properties and have reached a mutual agreement on the future access to Outlot C.
Councilmember Wachter moved,
Awada seconded a motion to approve a Final
Planned Development (to allow a 45,136 Q"U'*)#'bdt ....... arehouse) upon property currently platted
as Outlots A and B, Gopher Eagan Inclu-if-rW Park 2^d Adi# iptr subject to the following conditions:
7. The property shall be #'Vtatted into a single;w and block.
2. The applicant and/or di.&i. 10D a Final Planned Development Agreement
with the City prior to bul7ding permit issuance.
EAGAN CrrY COUNCIL WETING NUNUMS, OCTOBER 20, 1998
PAGE IS
3. The following exhibits are required for the Final Planned Development Agreement.
A. Final Sft:f ' Ian
B. Final LAn-dscaPe-Plan
C. Final B*`Adf 'S'
:0&'"ii�i4signage Plan
D. Lightin'g-:��:*".::.:..*:'.:..:::::"::,.:,:
4, The City shall reserve tM4 ' ight to require the construction of the proposed "proof of
parking" stalls should tfi*e''need arise.
5, The outside storage of materials, other than trash handling/ recycling containers, shall be
prohibited
6 Retail sales activities shPj1:be proh$Wed.
7. All trash and recyclable'ttiaterials:6011 be stored inside the principal buildings or within
a trash enclosure, attacbp-d. 11 buildi
!.... ng, which satisfies City Code
requirements.
8 All exterior lighting shall be hooded and directed to deflect Light away from adjacent
properties and rights-of-way.
9. All site signage shall comply with applicablex.equirements of the City Code
10, If Outlot C of Gopher Eagaip 2W A"tioads not legally combined with Lot 2, Block 1,
Gopher Eagan 2nd Additi or - t. :(Twin City Wire) prior to building permit issuance, this
development shall ext&d 4utility easement across the property to allow Outlot C future
connection to the sanitary t&4jo., -.W4kber main systems within Kutoff Court.
11. If Outiot C of Gopher Eagan 2-d A legally combined with Lot 2, Block 1,
Gopher Eagan 2-d Addition (Twin City Wire) prior to building permit issuance, a private
ingress/egress easement shall be provided across this property for future access for
Outlot C to Kutoff Court. Such easement shall minimally stipulate that access to both the
subject property and Outlot C shall be achieved via a shared access point from Kutoff
Court and shall be revieweaArt
approved b,y the City Attorney prior to issuance of a
building permit.
X.
12. The developer shall be,4i*ponsibW'fQr obtaining MnDOT permit approval for any work
within the Hwy, 149 rJJ1Wof-way..:,:---.
. ....... . . ...
13. The developer shall b���:*-*-*Kqnstruchon of Kutoff Court adjacent to the
site to an urban section with new bituminous paving and concrete curb and gutter.
14. In keeping with the long range development plan for the site, the driveway access
location for this development onto . K - utoff Court shall be located within currently
described OutlotA,Gophe;..FA.,%*A4clition. If the developer wishes to relocate the
*Xa,
intersection of Kutoff Cook :Tore Align with the driveway within Outlot
A, the developer shall qlh# n an access Oe j . from MnDOT for such work. The
developer shall be respoinsible for all costs associated with the relocation including all
Improvements that ma"y-
�.1
.e required by MnWT on TH 149 (i.e. turn lanes, bypass lanes,
etc
X
X
EAGAN CITY COUNCIL MEEMG NUNLn7ES, OCTOBER 20, iggs
PACE 16
15, Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant brmwoodlands to be preserved.
16. The applicant shall contact the City Forestry Division at least five days prior to issuance f
the grading permit to ert-� 3tlftelVSQt e approve Tree Preservation Plan.
IT A cash dedication in lieu.4f on-site ponding shall be required for the development. The
cash dedication shall bq.ijjsed on the area and the impervious characteristics of
developed lot.
18. This development shall be responsible for a cash trails dedication.
Aye: 5 Nay: 0
Chuck Thorkildson, 510 RoLling.1411s CircW, : tommented on the shift in the parking and loading
areas from the south to the east side and-liicl he w . i. 9 . toncerned that there had not been discussions with
the residents regarding these changes Wt:15.90m.*g Fg.spo.nded that an additional neighborhood
w
. . ..... . ...
meeting as held and the neighborhood:- '11% - k - P Changes.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Final
Plat (Gopher Eagan Industrial Park 4' Addition) Legally combining Outlots A and B, Gopher Eagan
Industrial Park 2-d Addition into a single parcel of land. Aye: 5 Nay. 0
PRELIMINARY SU
(WALDEN
City Administrator Hedges
staff report.
ROOK PROPERTIES
ADDITION)
on this item Senior Planner Ridley gave a
Councilmember Wachter moved, Councilmember'ik Oa seconded a motion to approve a
Preliminary Subdivision to create 17 lots on 8.36 acres on property currently platted as Oudot A, Walden
Heights First Addition, located south of Walden Drive and west of Richard Lane in the NE V. of Section 33
subject to the following conditions.
The developer shall comply .W* these standard conditions of plat approval as adopted
by Council on February aA
..... .. ....
BI, BZ B3, K 0*,' -*C2, C31: """ El
2. The property shall! be
.. .....
.........
. . ... .... ..
Grading
3. The proposed pond grading in the northwest corner of the site within a future addition of
Pine Tree Pass shall not begin until public easements for the pond and grading are
obtained by the developerdiodltd
., .4vith future platting of the Pine Tree Pass
,
development
Storm Drainal;
4, An outlet pipe to draidi ' on-site. Pond BLP -6 shall be in place prior to
development of this
EAGAN CITY COUNCIL MEETING WNUTES, OCTOBER 20, 1998
PAGE 17
Wetlands/ Water Ouah
5. The low area in the nor0mest comer of the site containing &.43 -acre jurisdictional
wetland shall be excavai.aito provide on-site treatment for runoff from and through this
parcel The normal water elevation of the pond shall be set at approximately one -foot
below the average elevA�6* . . 00
wetland boundary in order to protect
nearby upland vegetati6h. shall include a 10 -foot wide aquatic
bench from the normal %*er Level to one foot below normal Water level, and side slopes
below the bench should.*4:1. The pond shall have a minimum wet volume of 1.4 acre-
feet
Utilities
6. This development shall:t#end the.16-inch bunk water main through the site from the
south street stub and co**.hect to tkW..V)asting water main between lots 20 and 21, Hillcrest
Addition, in accordanc0 'JM ith the 6t' Water Supply and Distribution Plan (1996). In the
"
event the water main ir�tion t4:Oetjtioned as a public improvement, the project shall
be approved by the City, hTio,!iubdivision approval for this development.
Streets/ Access/ Circulation
7. This property shall not be allowed to develop until public street access to the west edge
of the site is dedicated to the public and under contact for construction.
Easements/ Rights-of-Way/Permits
8, The developer shall obt*in,wavorary 1#0ding easement from the prop" owners of
Lots 15 and 16, Hillcre4f Addition for the --required grading and storm sewer necessary
with the storm sewer connec6M op those properties
Tree Preservation
9 Tree Protective measures (i.e. 4 -foot polyethylene laminate safety netting) shall be
installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/ woodlands to be preserved.
10. The applicant shall cont04?0* Fa**7..:Division at least five (5) days prior to the
issuance of the grading 0}n it to compliance with the approved Tree Preservation
Plan.
11. The placement of re""*S-.W#Jk
by City Forestry staff in the field
pntheir or to theconstrucatin.::'
Parks and Recreation
11 A cash trails dedication is required.
:isf-Walclen Heights 2nd Addition and of the
13. City staff shall work with: w
adjacent Pinetree Pass li... ion to acqU#" combined 10 -foot trail easement along the
western edge of Lot 11:* *&k 1 for the purp6be of a potential trail connection to the south
Ave.5 Nay 0
.............
EAGAN CITY COUNCIL ACTING MINLMES, OCTOBER 20, 1996
PAGE 16
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Variance of 5 feet to the required 30 -foot front yard setback to allow a 25 -foot setback from the public
right-of-way for all lots in the developm4i* Aye: 5 Nay. 0
PRELIMINARY SUBDIVISION - WISPARK CORPORATION
City Administrator Hedges proV*kd an overview on this item. Senior Planner Ridley gave a
staff report- Director of Public Works Cort stated that in order to approve this subdivision the City
Council needed to add a condition stipulating the developer's responsibility of costs associated with the
AUAR mitigation plan
Councilmember Masin asked if the ABTA or the Dakota County Transportation Specialist
provided input on the AUAR documenk Director of Public Works Colbert stated that the document was
made available to both of those agencies:
Greg Miller, representing Wispa , stated ftt he was in agreement with sharing the cost of
necessary mitigation measures but requwq l;Shni:tbg4i mbez be identified and capped
Mayor Egan agreed that the amount needed to be upped but said it also needs to be adjusted for
inflation. He added that the amount could be placed in escrow.to fund future improvements and could
be refunded if anticipated improvements are ultimately not necessary.
Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a
Preliminary Subdivision consisting of 5 lots and 5 outlot btt V4cres located south of Blue Gentian Road,
east of TH 55 in the north % of Section 2, subjeaftt .folkiiving conditions:
1. The developer shall codiply.with these standard conditions of plat approval as adopted
by Council on February 3,
Bl, B2, B3, B4, Cl, C2, C4, Dl, E1;1>f; Gl, H1
2. The property shall be platted.
3. The developer shall insure that the building plans, materials and construction of the
office portion of the building.#Rprovements,aFe such that they will provide an interior
sound level of 50 dBA a* p 6d W0 i7 iWOte level of 70 DNL at the inner boundary of
the noise zone.
4. Building designs must:opply wit:fhe standards for building height and exterior
treatment outlined in
5. The development shall meet its water gif iity mitigation requirements entirely through
on-site ponding. Ponds should be constructed to meet the City of Eagan's Detention
Basin Design Standards. Skimmers of a design suitable to the City shall be installed on
the outlet of all detention basins The discharge pipes from the detention basins should
be extended to the normal w#6wjiti iitof.Pond FP -1.
6. No grading or other di s>�%nce shall be:2i1J¢Wed below the nest of the pond slope
except for disturbance a3sociated with exteittiing discharge pipes down to the normal
water level of Pond FP * Those disturbed 4.kas shall be restabihzed with native
perennial grasses cortst}Lei}twith q�ciR66{�gt� types on the surrounding area
EAGAIN CrrY COUNCIL MEETING MIN=ES, OCTOBER 2D, 1998
PAGE 19
7. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with City standards.
8. Public right-of-way shou.4be dedicated on Outlot E on the final plat for the subdivision
to accommodate the re aj megt,gf.the east end of the rural (gravel) section of Blue
Gentian Road.
9. Outlot D shall be either;:. ..transferred to the City for combination with the adjacent
.. I
properties to the east 4.4cledicated as right -of -way for Blue Water Road on the final
plat.
10. The developer shall be responsible for a cash parks dedication and a cash trails
dedication.
11. Any signage wiII requirt..6i pern-ji:'a'd shall conform to the provisions of the Sign Code
12. An Owner's Association 4W be Geeabed, subject to review by the City Attorney's office,
prior to final subchvisioR"VWftt:_.Qu" W.sW be transferred, with recording of the
final plat, to the OwneriAiQ".:::
11 This development shall accept the City's determination of responsibility and costs of
$3,080 per net developable acre for AUAR Mitigative Traffic Improvements as identified
in the Final AUAR document approved on October 20, 1998. The financial obligation
shall be placed in an escrow account with the City to be used solely for financing the
improvements provements and any unused ApoWit %-ill be returned to the payers upon full
development of all the AUARMOPgrte a
Aye: 5 Nay: 0
ADMIMSTRA-Mt:,4GENDA
NATIONAL LEAGUE OF CITIES CONFEiENCE(YOUTH TRACY
City Administrator Hedges commented that the NLC has waived registration fees for youth
under 18 and the LMC is offering to provide a scholarship for two young people, ages 15 to 18, which will
cover additional expenses associated with.;.9demnce attend4.ace. He said that the City can submit the
names of two youth from the communit!t'.fDT-. .:epRjs}jderation. Councilmember Masin suggested
contacting the two individuals who recik*d schoijg Yips from the Eagan Foundation in addition to the
local School Districts.
FOOTINGS AND FOI.&6A11QR:4?.�ARKVIEW GOLF COURSE
...... ....
Councilmember Wachter moved, Cou'r'icilrriernibei:m6mquist seconded a motion to approve the
issuance of a footings and foundation permit to Parkview Golf Course with the understanding that the
actual building permit will not be issued until there is agreement regarding the amount of assessment
charges. Aye: 5 Nay: 0
PROJECT 749, EA$r. FRONTAGE ROAD
COOPERAYMAGREEP& ':RESOLUTION
Councitmember Wachter mov*4-.'.CounciImember Awada seconded a motion to approve the
resolution requesting funding from thi:p71C5RWV.v ayln* is through a cooperative
........ . ..... M of Transportation
agreement for Project 749 (East T.H. 55$pgt pp.kt. W$WW "Street Improvements) and authorize the
Mayor and City Clerk to execute all reiaI e.,-rit's". Xy,,e*,"'5 Nay: 0
EAGAN CITY COUNCIL MEETING WNI=; OCTOBER 2D, 1498
PACE 20
PROJECT" 750, ACCESS MODIFICATIONS & NEW FRONTAGE ROAD
COOPERATIVE AGREEMENT RESOLLTnON
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
resolution requesting funding from the '*ffj2-W";bf Transportation through a cooperative
.. q. ..4. .
agreement for Project 750 (Access Road - Street Improvements) and
authorize the Mayor and City Clerk to ehwilkibe all related documents. Aye 5 Nay: 0
77
ROUND TABLE
Councilmember Awada stated that she received a letter from Larkin Hoffman extending an
invitation to a meeting next Tuesday regarding Light rail.
Councilmember Blomquist said:&bt she afji� ded the last Airport Relations Commission meeting
and is concerned about the Valley View:j�fghborfi6iid- and will be providing ideas for noise monitoring to
City Administrator Hedges to share wAilNe new . A*istant City Adnunistrator.
The meeting adjourned at 11:50 p.m. to an Executive Session to consider pending litigation and to
seek direction regarding contract negotiations with the Police Dispatch Unit. Present were Mayor Egan
and Councilmembers Wachter, Awada and Masin, City Administrator Tom Hedges, Director of Public
Works Tom Colbert, and City Attorney Jim Sheldon.
Date City Clerk
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Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6814600, (TDD phone: (612) 454-8535).
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