01/25/1994 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE 00003
EAGAN, CITY COUNCIL
Eagan, Minnesota
January 25, 1994
A regular meeting of the Eagan City Council was held on Tuesday, January 25, 1994, at the Eagan
Municipal Center. This meeting was a continuation of the regular meeting scheduled for January 18, 1994, and
postponed due to severe weather. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and
Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert,
Director of Public Works Tom Colbert, and City Attorney James Sheldon.
Mayor Egan began the meeting by noting that the January 25, 1994, meeting is the continuation of the
meeting scheduled for January 18, 1994. He said the City Council had made the decision to continue the January
18 meeting due to extreme weather conditions, which had prompted the Governor to close the schools and a
number of other metropolitan cities to cancel or postpone their council meetings. He apologized for any
inconvenience.
After noting no changes, Hunter moved, Wachter seconded, a motion to approve the agenda for the
January 25, 1994, regular City Council meeting. Aye: 5 Nay: 0
Councilmember Hunter recommended the following clarification to the minutes of the January 4,1994
regular City Council meeting:
Page five, paragraph three, last sentence, add the words: "for the staffs position."
Wachter moved, Hunter seconded, a motion to approve the minutes of the January 4, 1994 regular City
Council meeting. Aye: 5 Nay: 0
The City Council noted the brief minutes for the January 18, 1994, regular City Council meeting, which
only explained the continuance. No action was taken.
Councilmember Hunter questioned the necessity of having a minimum bid under Item K, the Lexington
Meadows RFP. He added that as long as the City Council has the right to reject any and all bids, a minimum
bid was not needed. Assistant to the City Administrator, Jon Hohenstein, explained that including a minimum
bid is a fairly common practice and is meant to insure that the property is sold at a fair market value. Mayor
Egan indicated his agreement with Councilmember Hunter and his willingness to drop the minimum bid as long
as the City Council is kept apprised of what the fair market value of the property is.
A. Personnel Items
Item 1. It was recommended that the hiring of Randy Bryant as a seasonal parks maintenance worker
be approved.
Item 2. Assistant Utility Billing Clerk--It was recommended that the hiring of Mary Ann Olson as
Assistant Utility Billing Clerk be ratified.
Item 3. Seasonal Winter Recreation Leader--It was recommended that the hiring of Dan Olson as a
seasonal winter recreation leader be ratified.
Item 4. Early Retirement/Temporary Mechanical Inspector--It was recommended that the resignation
of temporary mechanical inspector, Robert H. Wieken, be accepted and the right to fill the position, reserved
to the future.
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January 25, 1994
Item 5. Affirmative Action Plan--It was recommended that the updated City of Eagan Affirmative
Action Plan/1994 be approved and submittal authorized to the State of Minnesota for certification.
Item 6. Temporary Part-Time Seasonal Engineering Aide--It was recommended that the luring of Clark
Wicklund as a temporary part-time seasonal engineering aide.
B. Licenses. Plumbers
It was recommended that the plumbers licenses listed in Exhibit A be approved.
C. Ratify Joint Powers Agreement. 1994 Dakota County Landfill Abatement Funding
It was recommended that the joint powers agreement for the 1994 Dakota County Landfill Abatement
Funding be ratified.
D. Extension. Recording of Final Plat. Autumn Ridge 4th Addition
It was recommended that a 30 day extension to February 17, 1994, for the recording of the final plat of
Autumn Ridge 4th Addition be approved.
E. Temporary Beer License. West Publishing Men's Party. February 5. 1994
It was recommended that a temporary beer license for the West Publishing Men's party be approved
for February 5, 1994.
F. Ordinance Amendment to Chapter 10. Section 10.40. Subd.1. Adopt Minnesota Uniform Fire Code
It was recommended that an ordinance be approved amending City Code, Chapter 10, Section 10.40,
Subdivision 1, adopting the Minnesota Uniform Fire Code.
G. Resolution in Support of Dakota County Water Resources Education Plan and Policy Statement
It was recommended that a resolution supporting the Dakota County Water Resources Education Plan
and Policy Statement be approved.
194.7
H. Approve Termination Agreement for Temporary Easement (Lot 1. Block 1. Pondview)
It was recommended that the termination agreement for a temporary easement, Lot 1, Block 1,
Pondview, be approved.
1. Project 646. Receive Feasibility Reprt/Order Public Hearing (Blue Cross Road - Overlay)
It was recommended that the feasibility report for Project 646 (Blue Cross Road - Overlay) be approved
and a public hearing scheduled to be held on February 15, 1994.
J. Project 660. Receive Feasibility Report/Order Public Hearing (Wilderness Road 1-4 Additions -
Street Restoration)
It was recommended that the feasibility report for Project 660 (Wilderness Run 1-4 Additions - Street
Restoration) be received and a public hearing scheduled to be held on February 15, 1994.
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January 25, 1994
K Extension and Modification of Minimum Bid. Lexington Meadows RFP
It was recommended that an extension to the deadline of the Lexington Meadows RFP be approved to
February 7, 1994, that the closing date be extended to April 1, 1994, and that the minimum bid to reduced to
$192,000.
L. Resolution Amending Aggregate Principal Amount of City of Eagan. Minnesota. Multifamily
Housing Revenue Refunding Bonds (Surrey Garden Apartments Project)
It was recommended that a resolution amending the aggregate principal amount of the City of Eagan,
Minnesota Multifamily Housing Revenue Refunding Bonds for Surrey Garden Apartments Project (FHA Insured
Mortgage Loan) Series 1994 be approved from $2,555,000 to the aggregate principal amount not to exceed
$2,600,000. R-94.8
M. Resolution Amending Aggregate Principal Amount of City of Eagan. Minnesota. Multifamily
Housing Revenue Refunding Bonds Aspenwoods of Eagan Apartments Project)
It was recommended that a resolution amending the aggregate principal amount of the City of Eagan,
Minnesota Multifamily Housing Revenue Refunding Bonds for Aspenwoods of Eagan Apartments Project, Series
1994, be approved from $5,500,000 to the aggregate principal amount not to exceed $5,580,000. 8-94.9
Hunter moved, Awada seconded a motion to approve the Consent Agenda with the elimination of the
part of the motion for item K (Extension and Modification of Minimum Bid, Lexington Meadows RFP) that
provides for a reduction in the minimum bid to $192,000. Aye: 5 Nay 0
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After an explanation by the City Administrator of the Organizational Business of the agenda, discussion
was held regarding the order of commission balloting to be followed at this meeting. Councilmember Masin also
discussed the problem of absenteeism being experienced by some of the commissions and noted the importance
of paying attention to attendance. The Councilmember said the City has had the policy of not permitting three
consecutive absences and she indicated her desire to have that policy enforced. It was then suggested that after
three consecutive absences it may be appropriate to contact the member for an explanation and then report to
the City Council. Mr. Hedges said he appreciated the Councilmember's comments and said staff would enforce
the three consecutive meetings rule.
Councilmember Masin then suggested that each commission member to be asked to evaluate the
activities and recommendations the commission had worked on during the calendar year. She also suggested
that liaison members from the City Council be appointed to each of the advisory commissions as a contact
person for the chair or members of the commission, if needed, for communications during the calendar year.
City Administrator Hedges noted Council's direction.
A. ADVISORY COMMISSION APPOINTMENTS:
Airport Relations Commission
The following members were appointed to the Airport Relations Commission:
a. Three-year term (2): 1. Michael Schlax
2. Pat Todd
b. Two-year term (1): 3. Pat Soderling
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January 25, 1994
c. One-year alternate terms (2): 4. Lance Staricha
5. Rita Younger
Burnsville/Eagan Cable Communications Commission
The following members were appointed to the Burnsville/Eagan Cable Communications Commission:
a. Three-year terms (2): 1. Doug Dahl
2. James Malec
Egan moved, Hunter seconded, a motion to name without ballot, Tim Wilkin as the one year alternate
member of the Joint Burnsville/Eagan Cable Communications Commission. Aye: 5 Nay: 0
Gun Club Lake Watershed Management Organization
The following member was appointed to the Gun Club Lake Watershed Management Organization:
Awada moved, Hunter seconded, a motion to appoint without ballot, Bruce Hutchins to a three year
term on the Gun Club Lake Watershed Management Organization. Aye: 5 Nay: 0
Solid Waste Abatement Commission
The following members were appointed to the Solid Waste Abatement Commission:
a. Three-year terms (3): 1. Patrick Frater
2. Kenneth Ische
3. Floyd Hiar
b. Two-year term (1): 4. John Tapper
Masin moved, Hunter seconded, a motion to appoint without ballot, Wally Wall to the one year alternate
term on the Solid Waste Abatement Commission. Aye: 5 Nay: 0
Economic Development Commission
The following members were appointed to the Economic Development Commission:
a. Three-year terms (4): 1. Cathy Clark-Matuszek
2. Karl Oestreich
3. Gary Morgan
4. Bradley Folkert
Advisory Planning Commission
The following members were appointed to the Advisory Planning Commission:
a. Three-year terms (2): 1. Gunnar Isberg
2. Roy Wallace
b. One-year remaining on
three-year term (1): 3. Jerome Segal
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January 25, 1994
Hunter moved, Masin seconded, a motion to appoint without ballot, Daniel Seidel, to the one year
alternate position on the Advisory Planning Commission. Aye: 5 Nay: 0
Advisory Parks, Recreation & Natural Resources Commission
The following members were appointed to the Advisory Parks, Recreation and Natural Resources
Commission:
a. Three-year terms (3): 1. Lee Markell
2. David Szott
3. Ken Tyler
b. One-year alternate (1): 4. Michael Vincent
B. ACTING MAYOR
Mayor Egan appointed Councilmember Ted Wachter to serve as the Acting Mayor in the absence of
Mayor Egan at City Council meetings and all other activities pertaining to the City of Eagan for 1994.
C. LEGAL NEWSPAPER
Hunter moved, Egan seconded, a motion to approve retaining the Dakota County Tribune (This Week
Newspapers) as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0
D. CITY COUNCIL MEETINGS
Hunter moved, Egan seconded, a motion to approve the designation of the first and third Tuesdays of
the month at 6:30 p.m. for official City Council meetings, and the designation of Monday, February 28, 1994 as
the alternate date for the March 1 City Council meeting; and May 18, 1994, for the May 17 City Council meeting.
Because observance of Rosh Hashanah and Sukkot ends at sundown on September 6 and September 20,
respectively, consideration of individual items will be delayed upon request. Aye: 5 Nay: 0
E. COUNCIL MEETINGS/PRESENTATION GUIDELINES
Hunter moved, Wachter seconded, a motion to approve the guidelines/handout for public presentations
and public participation in City Council meetings. Aye: 5 Nay: 0
F. COMMITTEE/REPRESENTATIVE APPOINTMENTS (COUNCIL):
Mayor Egan appointed Councilmembers to serve on the various standing committees as follows:
1. Finance Committee: (Chair) Hunter and Masin
2. Public Works Committee: (Chair) Wachter and Egan
3. Personnel Committee: (Chair) Awada and Hunter
Hunter moved, Awada seconded, a motion to ratify the standing committee appointments as presented.
Aye: 5 Nay: 0
Egan moved, Awada seconded a motion to retain Councilmember Masin as the City's representative
on the Minnesota Valley Transit Authority Board. Aye: 5 Nay: 0
Hunter moved, Egan seconded, a motion to appoint Councilmember Masin as liaison to ISD #191,
Councilmember Hunter as liaison to ISD #196 and Mayor Egan as liaison to ISD #197. Aye: 5 Nay: 0
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January 25, 1994
Egan moved, Hunter seconded, a motion retaining Councilmember Wachter as the City's representative
on the History Committee, and Councilmembers Awada and Masin as the City Council's representatives on the
Caponi Art Park Committee. Aye: 5 Nay: 0
Wachter moved, Awada seconded, a motion to retain Councilmember Hunter as the City's representative
on the Dakota County League of Governments and Mayor Egan as the City's representative on the Board of
the Minnesota Legislative Commission. Aye: 5 Nay: 0
PROJECT 662/CEDAR GROVE 7, S, 10, 11 & APPLEBAUM ADDITIONS
Mayor Egan introduced this item as Project 662, Cedar Grove 7,8, 10, 11, and Applebaum Additions -
Street Restoration.
City Administrator Hedges explained the postponement of the January 18 regular City Council meeting,
and apologized for any inconvenience for those persons who had intended to attend this public hearing. Mr.
Hedges then explained the City Attorney's ruling on the postponement and its affect on hearing notices.
Director of Public Works Colbert introduced Project 662 and explained the background and this project's
part in the five year plan for capital improvements. Mr. Colbert then reviewed the process employed to
determine whether improvements are needed in these areas. Mr. Colbert said a neighborhood meeting had been
held and noted that as a result of citizen input, the project had been revised to address their concerns.
Mark Hanson of Bonestroo, Rosene, Anderlik and Associates began with a slide presentation showing
the present condition of the roads in the project area. Mr. Hanson said that the evaluation process of the road
conditions had illustrated that sealcoating is no longer cost effective and reconstruction or overlays are indicated.
Mr. Hanson also explained the extent of the construction in the project area, including the streets and utilities.
In dosing, Mr. Hanson reviewed the costs of the project and the proposed financing of those costs. Director
of Public Works Colbert pointed out that of the total costs, 54% were being paid by the City with only 46%
proposed to be assessed to the adjacent property owners.
Mayor Egan explained the process for this project and noted that representative appraisals would be
performed to determine the assessable benefit associated with this project. He then opened the hearing to public
comment.
Rose Dukatz of 1815 East Bluestone Drive presented a petition and indicated that 18 of the 25 property
owners on Bluestone Drive did not want their street repaired. She said all who had been contacted had signed
the petition. Mayor Egan then noted that the PCI rating for Bluestone was 39 and asked the Director of Public
Works to explain the PCI for the audience. Mr. Colbert said that the PCI rating, which in this case is 39, and
is an average of the entire street. Because it is an average, some of the street is in better condition and some
is in worse. Mr. Colbert said that the PCI (Pavement Condition Index) is a tool used to evaluate where a street
is in its life cycle and what improvements are indicated. He cautioned, however, that the PCI is not the sole
determining criterion and that staff attempts to look at the overall street segment and neighborhood in their
entirety. Mr. Colbert noted that it is not cost effective to do parts of streets.
Jerry Langland of 1777 Taconite Point stated that his street is not cracking and that sealcoating should
suffice for at least the time being. He also noted that drainage on his street is good. Mr. Colbert noted that
there are a variety of PCI ratings on Taconite and if Taconite Point is not included as part of the project now,
when would it be done? He also noted that if the foundation for the street is lost, it will be much more
expensive to bring up to standards at a later date. Mr. Colbert said that this is the point where it is most cost
effective to do the job.
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January 25, 1994
In response to a request from Councilmember Awada, Director of Public Works Colbert explained the
street life cycle and the best time to make improvements for the least cost thereby extending the life of the street
for another 20 to 25 years. He said the point is reached where sealcoating is not appropriate because the cracks
in the street are too wide and too numerous. He pointed out most of the streets in the project area had retained
their structural stability to this point, however, he said that stability drops off very quickly toward the end of its
life cycle.
John Willenberg, 4068 Magnetite Point, said that he had noticed alligator cracking in the streets for the
last ten years, however, they are still in good condition. He said it was his opinion that a good sealcoating would
suffice. Mr. Willenberg said there is no traffic on his cul-de-sac and he did not want the improvements. Mayor
Egan noted the points taken by Mr. Willenberg and asked the Director of Public Works to explain the repairs
to those streets with the higher PCI rating. Mr. Colbert said the higher PCI rating allows the City to mill the
top layers and put on an overlay. He said they do not need as much work as other streets in the neighborhood,
however, this is a neighborhood project. Mr. Colbert also noted that those on the cul-de-sacs do use the other
streets in the project area to get to and from their homes and if they are removed from the project, there may
be some questions of equity. Mr. Colbert said the street improvements benefit not only the individual property
owner but the neighborhood as well.
Brad Gutknecht, 1937 Jade Lane, asked if everyone in the project area was paying an average price for
the cost of the improvements. He then asked if the bids come in too high whether the residents will have a
chance to reject the bids or whether they have to take what is bid. Director of Public Works Colbert said the
City Council makes the decision, however, has the same concerns as the residents regarding the costs. He noted
that this is an ideal time to do the improvements in order to get the best bid. After bids are received, the City
Council will evaluate those bids and then decide whether or not to go forward with the project. Mr. Gutknecht
asked whether the project could be rebid and Mr. Colbert indicated yes.
At this point, Mayor Egan closed the hearing to public input.
Mayor Egan indicated that there were a number of PCI ratings that were low, however, there were
exceptions and asked whether it would be appropriate to postpone those streets for one or two years. Director
of Public Works Colbert said even if the PCI ratings were half of what they are, the project could be postponed.
However, it is a question of the quality the City wants to preserve it its neighborhoods. Mr. Colbert said he
would not recommend a delay and added that the project is financially feasible and the appraisal process will
insure that the assessments to the properties do not exceed the benefit. Mr. Colbert went on to say that streets
are the most visible sign of the deterioration of a neighborhood and while some sections of street may be in
better condition than another, the cost to repair them is proportionately lower.
City Attorney Sheldon indicated that discussions had been held with Councilmembers Hunter and Masin
as they own property in Cedar Grove #7. He indicated that in reviewing the matter, these Councilmembers have
direct financial interest in the project and are not permitted to discuss the project at a City Council meeting or
to vote on the project. Since a 4/5 vote of the entire City Council is necessary for this project to go forward,
legal precedents were researched to see how to proceed in this matter. Mr. Sheldon said there was a case in
the State with the exact situation and it was the court's conclusion that the remaining three City Councilmembers
could make the appropriate decision. Mr. Sheldon said that Councilmembers Hunter and Masin were legally
disqualified from participating.
Wachter moved, Awada seconded a motion to close the public hearing and approve Project 662, Cedar
Grove 7, 8, 10, 11 and Applebaum Addition (street restoration) and authorize the preparation of detail plans,
specifications and appraisals. Aye: 3, Nay: 0, Abstain: 2 (Malin, Hunter).
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January 25, 1994
PROJECT 665/BLACKHAWK ROAD
Mayor Egan introduced this item as Project 665, Blackhawk Road Street Rehabilitation/Improvements.
After brief introductory remarks by Mayor Egan and City Administrator Hedges, Director of Public
Works Colbert indicated this project is part of the City's five year capital improvements program and is slightly
different from the previous because it involves a community collector street. Mr. Colbert noted that several
properties are affected by both the previous project and this project and explained the assessment procedure for
those properties. He then went on to explain the project and the basically two sections of Blackhawk Road to
be improved. Mr. Colbert said because much of the property north of Silver Bell Road is unplatted, a number
of properties were surveyed and monuments established to set the appropriate dedicated right-of-ways. He said
the City has looked at reducing the roadway north of Silver Bell because there is less traffic, however, a certain
amount of easement acquisition will be required. Mr. Colbert stated that a tree inventory was performed and
significant trees identified, including those that can be moved and those that will have to be removed. Mr.
Colbert indicated staffs willingness to work with the property owners to minimize the impact of the project on
their property.
Mark Hanson of Bonestroo, Rosene, Anderlik and Associates, gave a slide presentation outlining the
road conditions of Blackhawk Road and the location of the proposed trail and sidewalk. Lastly, he explained
the total cost for the project and the properties proposed to be assessed and at what rates. Director of Public
Works Colbert noted that because of the shift in one segment of Blackhawk Road, on-street parking would be
restricted to the west side only, north of Silver Bell Road. In addition, he pointed out that Blue Cross/Blue
Shield would be assuming 24% of the special assessment even though BC/BS only accounts for 7% of the
frontage. When Blue Cross Road is upgraded, they (Blue Cross/Blue Shield) will pay 100% of that improvement
even with the heavy use by the rest of the community.
In answer to a question from Councilmember Wachter, the Director of Public Works said that with new
construction methods, the height of manhole covers can be accommodated much better than in the past. He
stated the covers cannot be any higher than the current standard or they would be constantly hit by snowplows
but he added that staff will also work on insuring that they are not installed too low.
Director of Parks and Recreation Vraa stated that the City Council's adoption of the trails document
provided for the City's overall trail system. He explained the reasons for installing the proposed trail and
sidewalk on Blackhawk Road and pointed out that trailway and sidewalk construction costs are minimized when
completed with road construction. Mr. Vraa noted that the proposed trailway would eventually connect with a
trail on Blue Cross Road which in turn would connect to trails on Yankee Doodle, Pilot Knob and Diffley, for
a circular route.
Sue Olson, 3730 Blackhawk Road, stated that she has lived in Eagan for 35 years. She noted that
because of the difficulty in getting out of driveways onto Blackhawk Road, she was concerned about the danger
that posed to people using the trailways. In addition, she suggested that if a stoplight were installed at Highway
13 and Blackhawk, it would increase the amount of traffic through her neighborhood because of the improved
access. Ms. Olson said the residents along Blackhawk Road should not have to pay for a street that is used by
thousands of people. She noted that such assessments may force her leave her home and suggested using City
funds to pay for the collector street. Mayor Egan pointed out to Ms. Olson that the City would be paying 78%
of the costs associated with this project. Ms. Olson said the present policy is not fair and needs to be
reexamined.
Mayor Egan then asked Director of Parks and Recreation Vraa to address the safety concerns expressed
by Ms. Olson. Mr. Vraa said that it is not unusual for driveways to intersect with trails and advised that most
bike or trail users are cognizant of the conflict at driveways. He identified the three types of trail users and
noted that it is the child users that they most want to get off the streets and onto trails.
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January 25, 1994
Missy Kramer, 3750 Blackhawk Road stated that her property would be severely impacted by this
project. She said the improvements would impact their privacy and safety, do environmental damage and devalue
their property. Ms. Kramer indicated that Blackhawk Road is very close to their home already and any
construction bringing it any closer would cause severe problems. Further encroachment into the property would
not allow a proper holding area for them to wait at the end of their driveway before entering Blackhawk Road.
She also noted that a number of trees would be lost, thereby destroying their privacy and increasing the noise
pollution to their home. In closing, Ms. Kramer asked why the eight foot trail was necessary and asked why it
could not be relocated to Robin Lane. She said if it could not be relocated she would ask the other owners in
the project area to join her in opposing the project and its assessments. Director of Public Works Colbert
explained staff's attempts to mitigate the impact of this project on the Kramer property and the efforts they have
made to save as much of the vegetation as possible. He said a significant oak could be saved, however, some
of the mugo pines, which already appear to be in poor condition, may be lost. Mark Hanson added that the new
road has been relocated to the west so Blackhawk Road would actually be further from the Kramer home,
however, the trail would encroach closer. He noted that this is the tightest area of the project and most difficult
to mitigate. Mr. Colbert said that because of the location of the trailway and the shifting of the road to the west,
a larger "landing space" would result for the Kramers to enter Blackhawk Road from their rather steep driveway.
He said he recognized the loss of vegetation on the Kramer property and said the staff would work with the
Kramers in trying to find a solution. He also reminded them that an appraisal would determine the benefit or
the lack of benefit to the property.
Ross Kramer said he had attended the neighborhood meeting, however, was still not satisfied. He said
the project would kill the oak tree on his property and further that the bike path would ruin his property. He
also asked why the trail couldn't be shifted to Robin Lane. Director of Parks and Recreation Vraa explained
the reasoning behind the trail proposed for Blackhawk Road and noted that a trail that deadended at the end
of Robin Lane would not be used. He predicted trail users would continue to use Blackhawk Road putting the
bikers, joggers, etc., back into the street. Considering the amount of traffic on Blackhawk Road, Mr. Vraa
indicated it would be negligent to allow such an unsafe condition to persist.
Robert Saleck, 3741 Blackhawk Road, questioned why the City was making such a "big deal" out of the
trail when the real concern should be the upgrade of the road to accommodate its heavy usage. He said the City
keeps squeezing the street down to accommodate the trail and is creating an "absolute mess."
Greg Rathman, 3760 Blackhawk Road, said he is the owner of the old Cy Barry (010-76) property. He
stated it is proposed he will be assessed a five lot equivalent, which would cost approximately $20,000. Mr.
Rathman said it is unreasonable, especially with the loss of trees and the loss of privacy to his property. Mayor
Egan indicated that the City has to establish proof before it can assess Mr. Rathman a five lot equivalent. In
closing, Mr. Rathman said he had moved in the end of September and was unaware of the assessment until
recently. It is likely the notice was sent to the previous owner.
Mike Eastling, 1780 Monterey Lane, spoke in favor of the trail. He said he has young children who use
bikes and need safe access to the park. He also noted that access from Monterey onto Blackhawk Road was
rather steep and asked whether it could be lowered. He then suggested the City look into lowering the roadway
to decrease the noise impact on neighboring properties. Director of Public Works Colbert pointed out that they
had studied various alternatives but noted that lowering the roadway would impact the properties on the west
side of Blackhawk Road because of their higher elevations. Mr. Eastling closed by saying he was not in favor
of a signal at Highway 13 because he felt it would increase traffic through the neighborhood.
Daniel Simon of 3935 Blackhawk Road indicated that 95% of the traffic on Blackhawk Road comes from
outside the neighborhood. In referring to Blue Cross/Blue Shield's contribution to this project, he said the
impact on that company could not be compared to that on individual property owners. He said while Blue
Cross/Blue Shield was paying for 24% of the project, the remaining 76% would be assessed to only a few
families. He said he would hate to see anyone leave their neighborhood because of the tax burden. Father
Simon recommended that the sidewalk not be constructed and recommended that the money saved be invested
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January 25, 1994
in educating young people to observe the rules of the road. He indicated he was not objecting to the project,
however, noted that when Blackhawk Road changed from a county road to a city road, the maintenance
deteriorated. It was pointed out that Blackhawk Road has always been a city street, however, Father Simon said
he would be happy to show documentation otherwise. Mayor Egan also noted that the cost of the trail and
sidewalk were not intended to be assessed, therefore, the amount of assessments would not change with their
elimination.
Robert Brown of 3595 Blackhawk Road, said that while Blue Cross/Blue Shield accounted for only 7%
of the frontage along Blackhawk Road, they accounted for 95% of the traffic. He said 24% of the assessment
in that instance would be a good deal. He noted he was probably impacted the least by this project but
expressed his opposition to the bike path and suggested it be relocated.
Mike Ryan, 1795 Crestridge Lane, said he lives on a corner lot and is not proposed to be assessed,
however, it did not change his opinion and his opposition to the bike trail. He asked with all the problems
involved with its installation why it was needed north of Silver Bell Road. He suggested the City was going out
of its way to accommodate a few people on the bike path rather than the people whose properties were
impacted. Mr. Ryan agreed that the City needs to provide safety for youngsters but could do a better job of that
by locating them away from a busy street. In closing he suggested a signal light on Highway 13 may help divert
some of the traffic from Blue Cross/Blue Shield to Highway 13 rather than through the neighborhoods on
Blackhawk Road. Mayor Egan pointed out that at least at the present, the intersection of Blackhawk Road and
Highway 13 did not meet the warrants necessary for the installation of a traffic signal. Mr. Ryan then discussed
the mature trees on the east portion of his property and the impact the improvements would have on them. Mr.
Colbert said it was the City's intent to go around the trees. When told the City would do this by moving the
roadway, Mr. Ryan questioned why the City would put all this effort into the trail.
Nancy Leiran, 3910 Blackhawk Road, asked whether it was possible to get a record of the right-of-way.
She said the information being used by the City was contradictory to the information she had. Director of Public
Works Colbert said that Ms. Leiran was the owner of an unplatted parcel and that the City would have to
acquire additional easements from her property. Ms. Leiran indicated she was not necessarily against the bike
path but did have concerns about safety. She said they have a privacy fence near the right-of-way and was
concerned about exiting through that fence as her driveway crosses the bike path.
Jack Kaysen, 3645 Blackhawk Road, stated that the road was originally a township road and later a City
street. He asked how assessment schedules are determined and whether they are on a lot equivalent or front
foot basis. Director of Public Works Colbert explained and pointed out that Mr. Kaysen would be assessed on
a one lot equivalent.
Margaret Schreiner, 1795 Monterey Lane, appeared in support of the trailway. She stressed the
importance of the safety the trail would provide adjoining neighborhoods.
Wayne Peterson, 3729 Blackhawk Road, questioned whether the appraisals would be completed before
the bids are received. Director of Public Works Colbert said the City Council wants the appraisals before any
official action is taken. Mr. Peterson also asked who the appraiser was and how the appraisers are selected.
Mr. Colbert explained that they are selected through an RFP process and two appraisers have been selected.
Ross Kramer, 3750 Blackhawk Road, said he had told the City at the informational meeting that the plan
was not acceptable. He invited the City Council to review his property. He suggested that the trailway be
planned but rerouted and further suggested that controls be considered for the traffic on Blackhawk Road. He
suggested that perhaps Blue Cross/Blue Shield could provide awareness and education to their employees about
the use of the road.
Dave Jungers, 3941 Blackhawk Road, said that the road improvements would cut off half his front yard
and he did not understand the need for a sidewalk nd a trailway.
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January 25, 1994
Gary Tankenoff from Hillcrest Development said his company is the owner of the property at Highway
13 and Blackhawk Road. He said the property was purchased in 1969 and the company has paid five assessments
on this property. He then referred to the 1983 improvements to Robin Lane and said it was their impression
that those street and utility improvements would serve the entire property. He indicated they were not interested
in two assessments on the property and said they looked forward to an appraisal. Mr. Tankenoff said Hillcrest
is close to concluding a deal with a reputable home builder of single family homes, however, added that if the
property receives more assessments, the deal would probably be off. In closing, he indicated he did not see a
need for a sidewalk and he was not interested in a trailway. Director of Public Works Colbert said the property
assessments had been based on a high density layout, however, since the new plan provides for eight proposed
lots to take access off Blackhawk Road, the assessments would probably be cut in half. In addition, if the
property could be laid out with no direct access onto Blackhawk, there would be no assessments.
Floyd Hiar, 3720 Knoll Ridge Drive, indicated he was for the project and against it. Mr. Hiar said he
supported the bike path but did share the concerns of the Kramers. He suggested the City go back to the
drawing board and look at what's right for the neighborhood.
Mayor Egan closed the hearing to public input at approximately 10:45 p.m.
Councilmember Masin spoke on behalf of a resident who had contacted her but could not be present.
In response, Director of Parks and Recreation Vraa said the least safe trail option was to have a trail marked
in the street. Because of the high volume of traffic on this street and the narrowness of the roadway, he did not
believe it appropriate. In answer to a question from Councilmember Awada, Mr. Vraa showed the intended
trailway loop and noted that in higher traffic volume areas, it is standard policy to install a sidewalk or trailway
on each sides of the street.
Councilmember Masin indicated there are a lot of joggers and bikers on Blackhawk Road and while she
is excited about the trail, she is concerned about its impact on the neighborhood. She asked if staff had looked
at alternatives. Director of Public Works Colbert indicated that staff had looked at moving the trail to Robin
Lane, however, did not feel that trail users would leave Blackhawk Road. Mr. Colbert indicated there is no other
location for the trail and if the trail were put in the street, it would require an increase in the street width
thereby further increasing the impact on the neighboring properties. Councilmember Masin asked whether there
was a way to mitigate the traffic to Blue Cross/Blue Shield and Councilmember Wachter suggested that placing
a signal at Highway 13 would encourage the Blue Cross/Blue Shield traffic to go down to Highway 13. Director
of Public Works Colbert said the City has worked with MnDOT on that question and MnDOT will not agree
to a signalized entrance onto Highway 13.
Councilmember Wachter indicated he has fought for trails for the safety of pedestrians. He said there
are few alternatives for the trailway system and their value is to the entire community. Councilmember Hunter
outlined the issues on this project and indicated his sympathy for the neighborhood. He added, however, that
while they were going to be impacted, it was important to minimize that impact to the extent possible. He also
added that the Council would be remiss in not addressing the safety of children walking along Blackhawk Road.
Mayor Egan also expressed his sympathies for the neighbors but noted that this is a vital link in the trailway
system. In addition, he reminded the audience that whether the trail is installed or not, it will not change the
assessments.
Discussion then turned to the sidewalk issue. It was the Council's opinion that the sidewalk was not
necessary and suggested that staff look at creative ways to solve the problems with the trailway. Director of
Public Works Colbert said he feels confident that the road can be put in with minimum impact. He said he did
not believe the design could be reduced any further without creating problems. Mayor Egan said that
considering the number of property owners impacted by the project, staff should continue to work with them to
mitigate that impact as much as possible. The suggestion was made that perhaps the trailway could be moved
to the west side of Blackhawk Road but it was agreed that it would impact just as many property owners as it
would on the east side.
Page 12/EAGAN CITY COUNCIL MINUTES 000023
January 25, 1994
Hunter moved, Wachter seconded, a motion to close the public hearing and approve Project 665
(Blackhawk Road - street restoration & trailway improvements with the elimination of the sidewalk intended for
the west side of Blackhawk Road, and authorized the preparation of detailed plans, specifications and appraisals.
Aye: 5 Nay: 0
FINAL ASSESSMENT ROLL/PROJECT 658
CEDARVALE AREA STREETLIGHTS
Mayor Egan introduced this item as the final assessment roll for Project 658, Cedarvale Area -
Streetlights. There was no one in the audience who wished to address this issue. Director of Public Works
Colbert stated that no objections had been received.
Awada moved, Hunter seconded, a motion to receive the final assessment roll for Project 658 (Cedarvale
Boulevard & Beau d'Rue Drive - Streetlights) and authorized its certification to Dakota County. Aye: 5 Nay.
0
Mayor Egan introduced this item as an update on the civic arena project. City Administrator Hedges
indicated that Pat Dill, Chair of the Civic Arena Fund Raising Committee, was present to share an update on
that group's activities.
Pat Dill thanked Brad Schmidt for the excellent job he has done in the corporate area and the number
of contributions received from that sector. He said a community-wide raffle is coming up and the Committee
hopes to raise $100,000 from that effort. Mr. Dill then turned to the clarification of several issues.
He asked whether the Committee's goal is $600,000 or whether that figure is flexible, especially if the
wading pool is not built. Mayor Egan explained that the $600,000 figure was clarified at a workshop and because
he thought it important to establish a precise figure, he had made the motion that the dollar amount be set at
$600,000.
Mr. Dill then said that the Committee is presently using the plans for Centennial to encourage
donations. However, he said they are at the point where they need to hire an architect to get the kind of detail
architectural drawings that will allow their "In-Kind" Committee to receive pledges from contractors. He said
the contractors are unwilling to commit to a pledge without knowing what type of materials and amounts that
will be required.
Councilmember Wachter expressed his reservations about putting any City money into the project until
the Committee has raised the $600,000. Councilmember Hunter and Mayor Egan expressed confidence that the
money would be raised and both were willing to permit the Committee to use some of the money already raised
to obtain architectural services. Councilmember Hunter allowed that under this plan, even if the project does
not go forward, the City's $1.4 million will not have been used.
Discussion then turned to hiring a construction manager/architect versus a design build company. After
discussion, it was generally agreed that a design build firm is a total package and would probably cause problems
with in-kind donations. Mr. Dill said the Committee is more inclined to hire a construction manager/architect
and have the plans and specs drawn so they can go to various subcontractors for donations. Councilmember
Wachter again disagreed with the process because of his understanding that the $600,000 would be raised by the
Committee before any money was expended. Councilmember Hunter explained that the architectural fees could
be viewed as a cost of fundraising, however, the costs will be offset since the drawings for the project would be
needed eventually. He further stated that since the cost of the architect is not being borne by the City but the
fundraising committee, there is no risk of prematurely spending any of the $1.4 million pledged by the City.
000 1
Page 13/EAGAN CITY COUNCIL MINUTES
January 25, 1994
Additional questions and clarification requested by Mr. Dill were addressed in a memorandum from the
City Attorney (Exhibit B).
After discussion, it was agreed that the architectural process would proceed with funding out of
community contributions. Director of Parks and Recreation Vraa said staff would come back to the Council with
the process, including a time line, etc. Councilmember Wachter said he was disappointed that they have to go
with an architect when everything is not yet in hand. He said it gives the impression that the project will
definitely go forward. Mr. Dill said if the project doesn't go now, there will be some problems.
ifww
REZONING/GOOD VALUE HOMES
Mayor Egan introduced this item as a rezoning for Good Value Homes/Pondview Townhomes, of
approximately .8 AG (Agricultural) acres to R-3 (Townhouse) located east of I-35E, north of Englert Road in
the SE 1/4 of Section 16. City Administrator Hedges said this item had been before the Advisory Planning
Commission at their December 28 meeting and they had recommended approval. Director of Community
Development Reichert explained the application and its location.
Wachter moved, Awada seconded, a motion to approve the rezoning of .8 agricultural acres to R-3
Townhouse located north of Englert Road and east of I-35E. Aye: 5 Nay: 0
PRELIMINARY PLAT/GOOD VALUE HOMES
Mayor Egan introduced this item as a preliminary plat for Good Value Homes/Pondview Townhomes,
of approximately 12.5 acres consisting of 29 townhouse units located east of I-35E, north of Englert Road in the
SE 1/4 of Section 16. City Administrator Hedges said this item had been before the Advisory Planning
Commission at their December 28 meeting and they had recommended approval. Director of Community
Development Reichert explained the application and its location. She reviewed the density as well as various
access and road options. In closing, Ms. Reichert said it was staff's recommendation that Condition #12 be
continued, Condition #14 deleted, and Condition #20 deleted because the Advisory Parks, Recreation and
Natural Resources Commission did not recommend the tot lot requirement.
John Peterson, representing the applicant, showed a schematic of the proposed units and noted the
additional brick agreed to by Good Value Homes. Councilmember Awada stated that she had voted against the
previous proposal but advised that this was a much better plan. There was no one in the audience to address
this issue and Mayor Egan expressed his regrets that the resident who had attended the January 18 meeting was
not present.
Awada moved, Hunter seconded, a motion to approve a preliminary plat for Pondview Addition
consisting of 29 townhouse units on 12.5 acres located north of Englert Road, west of Pilot Knob Road, east of
I-35E and south of Fish Lake, subject to the conditions recommended by the Advisory Planning Commission
(with the deletion of Conditions 14 and 20) and the conditions of the Advisory Parks, Recreation and Natural
Resources Commission:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
Al,B1,B2,B3,B4,C1,C2,C3,C4,D1,El,F1,G1andH1
2. All exterior building materials shall be maintenance-free and decorative brick shall be added to the
front side of each building. The applicant and City staff shall negotiate and reach an agreement as to the
percentage of brick to be required for the townhome unit exteriors.
00022
Page 14/EAGAN CITY COUNCIL MINUTES
January 25, 1994
3. All landscaped and sodded areas shall be served by underground irrigation.
4. All trash/recycling containers shall be stored in individual garages.
5. The developer shall be responsible for preparing and recording with the plat, appropriate documents
establishing a homeowners' association. The documents must be submitted and approved by the City Attorneys
office prior to final plat approval. Transfers of commons areas to the homeowners's association shall be
recorded with the plat.
6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance
of a grading permit.
7. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3.
8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL
of Pond JP-3.
9. The City Council's action authorizing the upgrading of Englert Road to current City standards with
the extension of utilities to serve the adjacent properties is required prior to final plat approval.
10. The development is required to provide adequate storm sewer to drain the existing low area in the
undeveloped property south of Englert Road as well as the upgrade Englert Road.
11. The development is required to provide an 8" sanitary sewer stub with invert elevation of 845.0 and
6" water main service to the northerly, adjacent, undeveloped property.
12. The vacation of right-of-way adjacent to the cul-de-sac of Englert Road is required prior to final
plat approval to allow for the platting of the units adjacent to the cul-de-sac.
13. The development shall include the 300 foot section of 6" water main along the west edge of the plat
that will provide a looping system through this development.
by the City
15. The cul-de-sac on the west end of the private street shall be 90-foot diameter to comply with the
City Codes.
16. All private street construction shall have a crowned centerline providing for directional drainage into
the gutter line.
17. The street grades shall not exceed 3% for the 100 feet approaching its intersection with another
street.
18. In addition to cash dedication for water quality, the developer shall excavate 80 cubic yards of
material beyond each flared end that discharges into Pond JP-3.
19. The applicant shall provide a heavy buffer along the I-35E right-of-way in accordance with a City
approved landscaped plan.
"tot "
approve
Aye: 5 Nay: 0
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Page 15/EAGAN CITY COUNCIL MINUTES
January 25, 1994
PRELIMINARY PLAT/SILVER BELL 2ND ADDITION
Mayor Egan introduced this item as a preliminary plat for Silver Bell 2nd Addition/Norman Vogelpohl,
consisting of approximately 303 acres containing one 1.6 acre lot and an Outlot for future development located
along the west side of Kennebec Drive in the SE 1/4 of Section 18. City Administrator Hedges said this item
had been before the Advisory Planning Commission at their December 28 meeting and they had recommended
approval. Director of Community Development Reichert explained the application and its location. Ms.
Reichert noted a condition of preliminary plat relating to no outdoor storage.
A representative of the applicant said all issues had been resolved.
Hunter moved, Awada seconded, a motion to approve a preliminary plat for the Silver Bell 2nd Addition
consisting of 30.27 acres for one lot on 1.54 acres and one outlot on 28.73 acres located on the north side of
Kennebec Drive, southeast of Seneca Addition in the southeast quarter of Section 18 subject to the
recommended conditions of the Advisory Planning Commission and the APRNRC:
1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall
be complied with:
2. A trash enclosure shall be contained within the building, or attached to the building, consisting of
the same building materials as the principal building.
3. Rooftop mechanical equipment shall not be visible from any right-of-way.
4. The grading and drainage plan shall be revised to provide a permanent storm sewer outlet for the
north half of the site and to delete the temporary siltation basin.
5. The proposed parking lot shall be designed to allow drainage to flow to the outside concrete curb
and gutter which will convey the drainage to the proposed storm sewer system.
6. The development will be responsible for extending the 8" sanitary sewer in the proposed street to
the north property line of the site.
7. The final utility plan shall include the extension of an 8" watermain in the proposed street from
Kennebec Drive to the north property line of the site.
8. The final utility plan shall include a hydrant on the north end of the site to improve fire protection
to this development.
9. The sanitary sewer service line to the proposed building
shall include a manhole at the right-of-way line.
10. This development shall be responsible for all costs to construct the north/south public street to
current City standards.
11. The two driveway connections to the public street shall include concrete aprons with a minimum
width of 30 feet.
12. The north end of the public street shall include a temporary cul-de-sac with a 90 foot diameter.
13. The final plat shall dedicate 60 feet or right-of-way for the proposed north/south public street.
0002
Page 16/EAGAN CITY COUNCIL MINUTES
January 25, 1994
14. The City Council authorization of the installation of streets and utilities to serve the proposed
development is required prior to the final plat approval.
15. Any and all outdoor storage is prohibited.
Aye: 5 Nay: 0
PROJECT 647/ENGLERT ROAD
Mayor Egan introduced this item as Project 647, Receive Report/Order Public Hearing (Englert Road -
Streets & Utilities).
0
Wachter moved, Hunter seconded, a motion to receive the feasibility report for Project 647 (Englert
Road - Streets & Utilities) and schedule a public hearing to be held on February 15, 1994. Aye: 5 Nay. 0
PROJECT 670/SILVER BELL 2ND ADDITION
Mayor Egan introduced this item as Project 670, Receive Petition/Order Feasibility Report, Plans &
Specifications (Silver Bell 2nd Addition - Streets & Utilities).
Wachter moved, Hunter seconded, a motion to receive the petition for Project 670 (Silver Bell 2nd
Addition - Streets & Utilities) and authorize the preparation of a feasibility report and simultaneous preparation
of detailed plans and specifications. Aye: 5 Nay: 0
CONTRACT 92-PP/TOWN CENTRE 100-ELEVENTH ADDITION
Mayor Egan introduced this item as Contract 92-PP, Acknowledge Completion/Authorize City
Maintenance (Town Centre 100 - Eleventh Addition - Services).
Hunter moved, Wachter seconded, a motion to acknowledge completion of Contract 92-PP, (Town
Centre 100 - Eleventh Addition - Utilities) and authorize perpetual City maintenance subject to the warranty
provisions of the development agreement. Aye: 5 Nay. 0
RESOLUTION/1994 CDBG ALLOCATION
Mayor Egan introduced this item as a resolution for the allocation of 1994 Community Development
Block Grant funds. In discussing the allocation of funds, Councilmember Hunter asked whether Cedarvale would
be eligible. Director of Community Development Reichert said that some improvements in the Cedarvale area
defined as "blight removal" could possibly qualify; however, she did not believe road improvements, for instance,
would. The Councilmember suggested that perhaps alternatives could be considered for that area, i.e, low or
moderate-income housing.
Mayor Egan and Councilmember Awada both complimented the balanced approach to this year's
allocation of funds and Mayor Egan recommended that Councilmember Hunter's suggestion be researched for
possible funding in 1995.
Hunter moved, Masin seconded, a resolution outlining an expenditure plan for the 1994 use of
Community Development Block Grant funds. Aye: 5 Nay: 0
0()®23
Page 17/EAGAN CITY COUNCIL MINUTES
January 25, 1994
SPECIAL CITY COUNCIL MEETING
Hunter moved, Egan seconded, a motion to approve special City Council meeting dates for February
1 at 5:00 p.m. for continued discussion regarding the downtown vision and Gun Club Road development issues
and February 3 and 4 for the Staff/Council retreat. Aye: 5 Nay: 0
D.A.R.E. GRADUATIONS
Council representatives will be present for D.A.R.E. graduations as follows:
January 26, Oakridge Elementary, Councilmember Wachter
January 27, Pilot Knob Elementary, Councilmember Hunter
January 31, Northview Elementary, Mayor Egan
February 1, Deerwood Elementary, Councilmember Masin
ORDINANCE AMENDMENT/MAYOR'S SALARY
At the request of Councilmember Hunter, an ordinance amendment increasing the salary of the Mayor
will be researched for Council's information and possible action at the February 15 regular City Council meeting.
Any action to increase the salaries of elected officials has to be taken prior to the general election in November
but will not take effect until January 1 of the following year.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated January 14, 1994, in the
amount of $1,070,733.75 and the checklist dated January 14, 1994, in the amount of $78,669.70. Aye: 5 Nay:
0
ADJOURNMENT/EXECUTIVE SESSION
The regular meeting of the Eagan City Council was adjourned to Executive Session to discuss pending
litigation at approximately 1:00 a.m. on January 26, 1994. Those in attendance were Mayor Egan,
Councilmembers Awada, Hunter, Masin and Wachter, City Administrator Hedges and City Attorney Jim
Sheldon. The Executive Session was adjourned at approximately 1:15 a.m.
KF
CITY OF EAGAN
E. VanOverbeke
LAJP~
City lerk
if you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).