06/07/1994 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 7, 1994
A regular meeting of the Eagan City Council was held on Tuesday,
June 7, 1994, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Awada, Masin and Hunter. Also present
were City Administrator Tom Hedges, Director of Community Development
Peggy Reichert, Director of Public Works Tom Colbert, and City
Attorney James Sheldon.
AGENDA
City Administrator Hedges noted that there were no changes to the
Agenda.
Councilmember Hunter moved, Councilmember Awada seconded a motion
to approve the agenda for the June 7, 1994 regular City Council
meeting. Aye: 5 Nay: 0
MINUTES
Minutes of May 18, 1994 Regular City Council Meeting
Councilmember Hunter noted that he was not present at the special
meeting of April 12, 1994, his name should be removed from the
attendance list.
Councilmember Hunter noted that several changes should be made to
the Minutes of May 18, 1994, meeting.
On the Page 8, third paragraph, third line, the statement where
it says lack of suitability should be changed to "the same
topographical concerns." Halfway through the third paragraph it
should read "that even though there is no park proposed for this
site, to plan for a park on the 105 acre triangle." Furthermore, the
sentence which mentions access concerns, should reflect that "it is
not provided as proposed but a reasonable plan for future access is
given."
On page 15, under LEGISLATIVE INTERGOVERNMENTAL AFFAIRS
UPDATE, it should be added that some cities have used the community
development block grant to offset special assessments for qualified
low-income residents.
Councilmember Wachter noted that on page 17, it should be noted
that a Ms. Elizabeth Kennealy is Secretary and Treasurer.
Councilmember Hunter moved, Awada seconded, a motion to approve
the Minutes of the May 18, 1994, regular City Council meeting as
amended. Aye: 5 Nay: 0
Minutes of May 18, 1994, City Council Workshop
Councilmember Wachter moved, Hunter seconded, a motion to approve
the Minutes of the May 18, 1994 City Council Workshop. Aye: 5 Nay 0
Minutes of May 3, 1994, City Council Workshop
In the first paragraph, the name should be changed to the Golf
Driving Range. Under the wading pool discussion, Councilmember
Wachter mentioned that the wading pool should anticipate necessary
space for an all-season pool and that it should be strategically
located.
Councilmember Wachter moved, Awada seconded, a motion to approve
the Minutes of the May 3, 1994 City council Workshop, as amended.
Aye: 5 Nay: 0
Minutes of April 28, 1994, City Council Workshop
Mayor Eagan moved, Wachter seconded, a motion to approve the
Minutes of the April 28, 1994, City Council Workshop. Aye: 5 Nay: 0
DEPARTMENT BEAD BUSINESS
Councilmember Wachter raised the question whether the City could
raise money by selling its own bonds. City Administrator Hedges said
that he and his staff would like to explore this option and will
determine the feasibility of the City selling its own bonds.
Councilmember Wachter raised the issue of plastic street signs,
instead of the metal type and whether they would be more economical.
The Director of Public Works, Tom Colbert, responded by saying that
he and his staff would check into this possibility.
Councilmember Wachter raised the possibility of putting names of
individuals whom have not paid their past due taxes on cable
television.
A question was asked whether any reports on the Green Acres
Project had been produced. The Director of Community Development,
Peggy Reichert, said this information is partially completed.
RECOGNITION
Mayor Eagan noted that the city should recognizee the residents
who participated in the Normandy Beach invasion.
CONSENT AGENDA
In regard to Item I. Resolution and Findings of Facts, Denial of
Rezoning of 30.1 Acres From R-4 to R-1 Located South of Lone Oak Road
and North of Highway 55, Councilmember Wachter noted that he was not
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going to vote in favor. Mayor Egan asked City Attorney Sheldon
whether the Council should discuss the letter that it had received
from Marrell Inc.'s attorney. Attorney Sheldon then noted that this
letter merely is a stipulation of facts. Mayor Egan noted that the
letter from Marrell Inc.'s attorney will be reviewed at a later time.
Councilmember Hunter also mentioned that he will join Wachter in not
voting to approve Item I of the Consent Agenda.
In regard to Item L. License, Massage Therapist - Laceson Town,
Kokomo Tan, Cliff Lake Center
Councilmember Wachter inquired about the extent of the
massage licenses and whether they were given to individuals prior to
Council approval. Administrator Hedges noted that this matter would
be looked into.
In regard to Item M. Contract No. 94-06 Receive Bids/Award
Contract (Wilderness Run 1st-4th Additions, Street Rehabilitation),
Councilmember Hunter noted that this Rehabilitation Project came in
one-third lower than the feasibility report indicated, consequently,
the assessments should be lowered from $3,500.00 to approximately
$2,500.00.
In regard to Item N. Project 660, Revise Pending Assessment
Roll/Order Final Assessment Hearing, Street Rehabilitation, Public
Works Director Colbert noted that the City Attorney's Office,
following an appraisal process, is recommending that the pending
assessment be revised to reflect a maximum assessment of $2,500.00
per single family residential lot equivalent. Councilmember Masin
questioned whether a homeowner wishing to pay now could get a refund
if the costs are lower than $2,500.00. Public Works Director Colbert
indicated he would look into the possibility.
In regard to Item S. Project 656, Receive Feasibility
Report/Order Public Hearing (Cedarvale Access Improvements - Silver
Bell Road and T.H. 13), Administrator Hedges noted that the
feasibility report should be continued to the June 21, 1994, City
Council meeting.
In regard to Item V. Ordinance Amendment to Chapter 11 - Land Use
Regulations (Zoning) By adding Section 11.04. Interim Use: Study Area
and by Adopting by Reference Eagan City Code, Chapter 1 and Section
11.99, Mayor Egan noted that this issue was earlier discussed
regarding the letter received from the Marrell Inc.'s attorney.
Councilmember Hunter inquired whether it would be reasonable to
shorten up this moratorium to a time period of less than one year.
Community Development Director Reichert noted that it was her
intention to draw something up by the end of the summer or early
fall.
Councilmember Wachter indicated that he was not in favor of the
moratorium. Councilmember Awada mentioned that she was generally in
favor of commercial development and that she would not like to see
the developer unnecessarily delayed.
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A. Personnel Items
Item 1. Seasonal street maintenance workers--It was
recommended that Ryan Trullinger and Jeremy Olson be hired as
seasonal street maintenance workers.
Item 2. Seasonal street/ equipment maintenance worker--It was
recommended that Wayne Butor be hired as a seasonal
street/equipment maintenance worker.
Item 3. Seasonal park maintenance workers--It was recommended
that Rolf Simonson and Duane Barton be hired as seasonal park
maintenance workers.
Item 4. Seasonal utility maintenance worker--It was
recommended that Darren Wilke be hired as a seasonal utility
maintenance worker.
Item 5. Seasonal recreation assistants--It was recommended
that Shannon Haugh, Heather Kjos, Chris Larson, Kimberly Larson,
Jonelle Nevanen, Colleen O'Shaughnessy, Joan Smebakken, Lynne
Smebakken, Robin Stubblefield, Julie VandeWalker, Mark Wahistrom
and Kristin Wishy as seasonal recreation leaders and of Carolyn
Beecher, Martha Buyck, Deborah Gretsfeld, Jasen Groff, Eva
L'Herault, Derrick Hoffman, Michelle Huss, Allison Johnson, Charles
McCarty, Keri Muench, Tracey Muench, Angela Orton, Patricia
Valusek, John Wahistrom and Stephanie Zeitz be hired as seasonal
recreation assistants.
Item 6. Reorganization of Community Development Positions--It
was recommended that the position of Assistant Chief Building
Official be eliminated, that Bill Bruestle's title be changed to
Senior Inspector and that Dale Schoeppner be appointed as Senior
Inspector.
Item 7. Student internship--The Council was informed that
John Devine III will be fulfilling a student internship in the
Parks & Recreation area during the summer months.
Item 8. Administrative secretay--It was recommended that
Diane Palmersheim be hired as Administrative Secretary.
Item 9. Streets/ equipment maintenance worker resignation--It
was recommended that the resignation of Bill Gallagher be accepted
and that approval be given to fill the position of maintenance
worker in the Streets/Equipment Division.
B. Licenses. Plumbers
It was recommended that the plumbers' licenses for Anderson
Mechanical Inc., Best Plumbing & Heating, K & K Heating & Plumbing
Inc., Krumholz Company Inc., Larson Plumbing & Heating Inc., M & W
Water & Sewer Inc. and Minnesota Mechanical of Minneapolis-St Paul
Inc. be approved as presented.
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C. Pause for Pledge of Allegiance Proclamation
It was recommended that a proclamation setting 7:00 p.m. on
Tuesday, June 14, 1994, to be the Pause for the Pledge of
Allegiance be approved. R-94.33
D. Adoption. Amended MVTA Joint Powers Agreement
It was recommended that the amended MVTA Joint Powers
Agreement be adopted.
E. Resignation. Advisory Parks. Recreation and Natural Resources
Commission member
It was recommended that the resignation of Erin Ipsen-
Borgersen from the Advisory parks, Recreation & Natural Resources
Commission be accepted.
F. Special Use Permit. Pahl's Market Temporary Vegetable Stand
It was recommended that a special use permit for Pahl's Market
to allow the temporary sale of fruits and vegetables on the
southwest corner of Dodd and Cliff Roads be approved as presented.
G. Resolution and findings of fact, denial of comprehensive Guide
Plan amendment. Good Value Homes
R-94.34
It was recommended that the resolution and finding of facts
for the denial of the comprehensive guide plan amendment for 9.6
acres located west of Crestridge Drive and east of I-35E in the
southeast quarter of Section 16/Good Value Homes be approved.
H. Resolution and findings of fact. denial of Comprehensive Guide
Plan amendment. Centex Homes
It was recommended that the resolution and finding of facts
for the denial of the comprehensive guide plan amendment for 19.52
acres located south of Town Centre Drive and east of Yankee Place
in the northeast quarter of Section 15/Centex Homes be approved.
R-94.35
I. Resolution and findings of fact, denial of rezoning. Marell
Incorporated
It was recommended that the resolution and finding of facts
for the denial of the rezoning of 30.1 acres from R-4 (Multiple)
and A (Agricultural) to R-1 (Single Family) located in the
northeast quarter of Section 12 for Marrell, Inc. be approved.
R-94.36
J. Ratification. DTED Resolution. Badger Bazen/Lull Engineering
Grant
It was recommended that the resolution supporting the grant
application to the Department of Trade & Economic Development for
Lull Engineering be ratified.
R-94.37
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K. Standing Approval for First Trust to Process Bonds of
Indemnity
It was recommended that standing approval for First Trust to
process Bonds of Indemnity be approved.
L. License. Massage Therepist, Kokomo Tan
It was recommended that a massage therapist license for
Laceson Town to perform therapeutic massage at Kokomo Tan in Cliff
Lake Center be approved.
M. Contract 94-06. Receive Bids/Award Contract (Wilderness Run
1st - 4th Addition)
It was recommended that the bids for Contract 94-06
(Wilderness Run 1st-4th Additions - Street Rehabilitation) be
received and the contract be awarded to McNamara Contracting in the
amount of $424,370.25 and the Mayor and City Clerk were authorized
to execute all related documents.
N. Project 660, Revise Pending Assessment Roll/Order Final
Assessment Hearing (Wilderness Run 1st - 4th Addition)
It was noted that the property appraisal process for Project
660 (Wilderness Run 1st-4th Additions, Street Rehabilitation) was
complete and it was recommended that the revision of the pending
assessment roll to reflect a maximum assessment of $2,500 per
single-family residential lot equivalent be authorized.
0. Project 674. Receive Petition/Authorize Feasibility Report
(Violet Lane)
It was recommended that the petition be received and the
preparation of the feasibility report for Project 674 (Violet Lane
- Streets and Utilities) be authorized.
P. Contract 94-05 Receive Bids/Award Contract (Dodd Road)
It was recommended that the bids for Contract 94-05 (Dodd Road
- Street & Trails) be received and the contract be awarded to
McNamara Contracting, Inc. in the amount of $716,739.75 and the
Mayor and City Clerk were authorized to execute all related
documents, subject to written State Aid approval.
Q, Project 661R. Receive Revised Feasibility Report/Order Public
Hearing (Sibley Terminal Industrial Park Street
Rehabilitation)
This item was pulled from consent and was acted upon
seperately below.
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R. Proiect 673, Receive Feasibility Report/Order Public Hearing
(T.H. 3/School Road)
It was recommended that the feasibility report for Project 673
(T.H.3/School Road-Streets and Utilities) be received and a public
hearing be ordered to be held on July 5, 1994.
S. Project 656, Receive Feasibility Report/Order Public Hearing
(Cedarvale Access Improvements)
It was recommended that the feasibility report for Project 656
(Cedarvale Access Improvements - Silver Bell Road and T.H.13) be
continued to the June 21 City Council meeting.
T. Project 672. Approve Resolution/Agreement - Financial
Participation (T.H. 3/Cliff Road Signal)
It was recommended that a resolution/agreement for financial
participation with the Soo Line Railroad and MnDOT for Project 672
(T.H.3 and Cliff Road - Signalization) be approved and the Mayor
and City Clerk were authorized to execute all related documents.
U. Ordinance. Community Investment Fund Ordinance/Policy
It was recommended that the revised community investment fund
ordinance and operational policy be approved.
V. Ordinance Amendment to Chapter 11 Land Use Regulations
It was recommended that an ordinance amendment to Chapter 11,
Land Use Regulations (Zoning) by adding Section 11.04, Interim Use:
Study Area and by adopting by reference Eagan City Code Chapter 1
and Section 11.99 be approved.
W. Authorization. Request for Proposal. Lexington Meadows
It was recommended that the RFP for the sale of the Lexington
Meadows Subdivision be approved and distribution of the document to
potential purchasers be authorized.
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Councilmember Hunter moved, Egan seconded, a motion to approve
the Consent Agenda noting, Councilmember Hunter and Wachter voting no
on Item I. Aye: 5 Nay: 0
Project 661R. Receive Revised Feasibility Report/Order Public
Hearing (Sibley Terminal Industrial Park/Street Rehabilitation)
Tim Herman spoke on behalf of business and property owners who
would be affected by the proposed street rehabilitation project. Mr.
Herman noted that he and his coalition have never disputed the fact
that this rehabilitation is necessary. However, their main concern is
that there may be causes other than natural wear which may have
caused the disintegration of this area under consideration for
rehabilitation. Mayor Egan noted that a report existed which
indicated the extent of maintenance which the City has done on this
street over its entire existence and that upon looking at this report
it would seem that the City was not negligent in any way in
maintaining the street. Mr. Herman then indicated that he and the
people he represents would like to find out who did the patch work on
Yankee Doodle Road in order to determine whether repairs had been
done negligently.
Councilmember Hunter indicated that he and the rest of the
Council had inspected Yankee Doodle Road and that the area which has
been patched is very small in comparison to the entire area that
needs work. Councilmember Masin noted that Yankee Doodle Road was
built in 1970 and that perhaps its useful life had been extinguished
at this point. Mayor Egan then noted that the determination of who
is at fault is premature and that the issues at this stage is to
determine the feasibility in regard to the financial burden of this
Project and also the engineering feasibility.
Councilmember Hunter moved, Wachter seconded, a motion to approve
the feasibility report for Project 661R (Sibley Terminal Industrial
Park Street Rehabilitation) and order a public hearing on July 5,
1994. Aye: 5 Nay: 0
Public Hearings
Vacate Drainage and Utility Easement (Lot 1. Block 1. United
Stationers Addition)
Mayor Egan introduced this item as Vacation/Lot 1, Block 1,
United Stationers Addition. City Administrator Hedges provided
introductory comments and noted that on May 3, 1994, the City Council
received a petition to vacate a portion of a drainage and utility
easement and scheduled a public hearing. All notices have been
published in the legal newspaper and sent to all potentially
interested parties. As of this date, Public Works Director Colbert
noted, the staff has not received any objections to the proposed
vacation. However, the City staff has identified a concern with the
ability to construct a 60-inch diameter storm sewer pipe along the
southeast edge of the proposed building expansion that will result
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with the vacation of this easement. Subsequently, the developer has
agreed to construct 320 feet of this storm sewer pipe in
consideration of waiving the water quality dedication fee. This storm
sewer would serve as a water quality bypass routing industrial storm
water through a detention basin prior to discharging it into Fort
Snelling State Park and the Minnesota River Valley.
Councilmember Wachter moved, Awada seconded, a motion to close
the public hearing and approve the vacation of a portion of utility
easements over Lot 1, Block 1, United Stationers Addition as
described and to execute all related documents. Aye: 5 Nay: 0
Vacate Right-of-Way (Old Sibley Memorial Highway - West of Cedar
Freeway)
Mayor Egan introduced this item, as a Vacation of a portion of
Old Sibley Memorial Highway - West of Cedar Freeway. City
Administrator Hedges noted that in a response to a petition submitted
by an adjacent property owner, the City Council scheduled a public
hearing to consider vacating excess public right-of-way on the north
side of Old Sibley Memorial Highway near the Burnsville border where
the new T.H. 13 alignment was constructed for the Cedar Freeway
Interchange. All notices have been published in the legal newspaper
and sent to all potentially interested parties. Public Works Director
Colbert received a response from U.S. West expressing concerns for
protecting their existing facility within the right-of-way to be
vacated. The following language should be incorporated into the
Council Resolution affecting this vacation: "Whereas, all persons,
corporations, and municipalities owning or controlling electric or
telephone pole lines, gas and sewer lines, water pipes, mains,
hydrants, and other utilities thereon or thereunder shall retain the
authority to continue maintaining the same or to enter upon such way
or portion thereof vacated, to maintain, repair, replace, remove or
otherwise attend thereto."
Mayor Egan noted that the "whereas" clause in the recital should
be included in the resolution. Councilmember Hunter moved, Wachter
seconded, a motion to close the public hearing and approve the
vacation of a portion of the public right-of-way for Old Sibley
Memorial Highway as described and authorized by the Mayor and City
Clerk to execute all related documents with the whereas clause in the
resolution. Aye: 5 Nay: 0
Project 667, Cedarvale Drive (Street Reconstruction)
Mayor Egan introduced this item as Cedarvale Drive (Street
Reconstruction). City Administrator Hedges stated that on May 18,
1994, the City Council reopended a continued public hearing to
consider the reconstruction of Cedarvale Drive from Rahn Road to the
Cedarvale Shopping Center. At that time, Mr. Parranto spoke as a
representative of the affected property owners requesting the City to
consider vacating this public right-of-way and allowing its
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reconstruction to be done privately. As a result of that public
hearing, the City Council again continued this item for
reconsideration, and directed the Public Works Committee to meet with
Mr. Parranto and any of the other interested property owners to
further discuss the request and to provide a recommendation. Public
Works Director Colbert summarized the Public Works Committee meeting.
The Public Works Committee determined that Project 667 should be
denied and that maintenance should be done by a affected property
owners.
Councilmember Wachter raised the issue of City liability when
there is no agreement whereby the private property owners would
maintain this street.
Councilmember Hunter raised the issue of whether the proposed
reconstruction was acceptable in terms of the quality and thickness
of the asphalt being applied. Mr. Colbert responded by saying that
these specifications are not equal to those which the City would
normally use. However, since the property owners would be privately
responsible for street maintenance, it is their responsibility, if
the street did require repair, to finance any future repairs.
Councilmember Wachter noted that by denying Project 667, and
subsequently approving the necessary vacation of right-of-way to the
interested parties, the City should be relieved of maintenance of
this street.
Councilmember Wachter also noted that an assessment of $4,000.00
should be approved by the Council if a vacation is approved for
Cedarvale Drive. Mayor Egan agreed. Councilmember Masin moved, Awada
seconded, a motion to deny Project 667 (Cedarvale Drive-Street
Reconstruction). Aye: 5 Nay: 0
Mayor Egan then proposed a separate action to assess a $4,000.00
fee for Project 667 in case there is subsequent action to vacate
Cedarvale Drive right-of-way. Councilmember Wachter so moved, Hunter
seconded. Aye: 5 Nay: 0
Vacate a Portion of Public Right-of-Way, Englert Road Cul-de-Sac
Mayor Egan introduced this item as Vacation of Englert Road
Cul-de-Sac. City Administrator Hedges noted this hearing was in
response to a petition submitted by the developer of the Pond View
Townhomes Addition. The City Council scheduled a public hearing to
consider a vacation of excess public right-of-way at the west end
cul-de-sac of Englert Road near Interstate 35E. City Public Works
Director Colbert mentioned that all notices have been published in
the legal newspaper and sent to all potentially interested parties. A
written objection was received from an individual who objects to the
vacation of the excess public right-of-way under the premise that it
will allow additional units. Mr. Colbert's staff has reviewed the
site plan layout and has determined that this vacation will not
affect the total number of units, but it would result in a
reconfiguration that would affect the size of the planned open space
if the excess right-of-way was not vacated.
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Councilmember Wachter moved, Masin seconded, a motion to close
the public hearing and approve vacation of a portion of public
right-of-way for Englert Road as described and to authorize the Mayor
and City Clerk to execute all related documents. Aye: 5 Nay: 0
NEW BUSINESS
Variance. United Stationers, A variance of 4% to the maximum
building coverage in a L-1 zoning district and site plan review.
Mayor Egan introduced this item as a Variance/Site Plan
Review/United Stationers. City Community Development Director
Reichert noted that R.L. Johnson Company is requesting a variance of
4% to the 35% maximum building coverage for Lot 1, Block 1, United
Stationers Addition and a site plan review for the proposed expansion
of the existing building. The City Council's review of the site plan
is a condition of a previously approved plat. Mayor Egan noted that
in reading the staff report about this matter, that the developer
would have a difficult time acquiring new land for this project and
also that they had exercised good faith in attempting to acquire land
for expansion.
Mayor Egan noted that this variance is required due to a
professional oversight of the developer's consultant and that a
hardship case has been created due to this inadvertent mistake.
Therefore, Mayor Egan noted that he would support this variance.
Councilmember Awada moved, Hunter seconded, a motion to approve a
variance of 4% to the maximum building coverage of 35% for Lot 1,
Block 1, United Stationers Addition, and to approve the detailed
plans with minor revisions for the proposed expansion of the existing
building, subject to the waiver of water quality dedication fees in
exchange for the developer constructing 320 feet of 60 inch storm
sewer. Aye: 5 Nay: 0
Final Plat. Pond View Townhomes Addition
Mayor Egan introduced this item as a Final Plat for Pond View
Townhomes Addition. Community Development Director Reichert noted
that this item would normally be under the "Consent Agenda" but
because a portion of Englert Road required vacation, the final plat
for the Pond View Townhomes Addition falls under "new business"
subsequent to Council action on the vacation. The final plans and
Development Agreement for the Pond View Townhomes Addition have been
reviewed by staff and found satisfactory. The financial security has
been provided as well. Following approval of the vacation, final plat
approval is in order at this time.
Councilmember Hunter moved, Wachter seconded, a motion to approve
the final plat for Pond View Townhomes Addition located east of
Interstate 35E, south of Fish Lake, north of Englert Road. Aye: 5
Nay: 0 R-94.38
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Contract 94-04. Receive Bids/Award Contract (Englert Road Street
& Utilities)
Mayor Egan introduced this item and noted that this item would
normally fall under the "Consent Agenda" but due to the Englert Road
vacation, it now falls under "New Business."
Councilmember Wachter moved, Awada seconded, a motion to receive
bids for Contract 94-04 - Englert Road Streets & Utilities and to
award the contract to Ryan Contracting in the amount of $150,223.10
and to authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
Project 666. Receive Petition/Authorize Revised Feasibility
Report (Waterview Addition-Sanitary Sewer and Water Main Extensions)
Mayor Egan introduced this time as Project 666, receive Petition,
authorize Revised Feasibility Report. City Public Works Director
Colbert stated that previously there was a public hearing which
considered a similar request for utility extensions. However, due to
the issues associated with developing the Waterview Addition as R-I
single-family, the public hearing was closed and the Project was
cancelled, to be reconsidered at a later date. The Waterview
developer sent a letter to the Council expressing their continued
support of the City's installation of utilities as originally
proposed. During the time the zoning and development issues regarding
Waterview Addition were being evaluated by the City, Independent
School District No. 196 passed a Bond Referendum providing for a new
elementary school to be located on the east side of Highway 3,
opposite the Waterview Addition. Similarly, the Pines Edge
development was processed and received preliminary plat approval.
This accelerated development east for the T.H. 3, now presents some
scheduling conflicts with the request for the extension of utilities
along T.H. 3 to service the Waterview Addition.
Public Works Director Colbert noted that at a May 24, 1994,
special workshop of the City Council, the Council discussion leaned
toward scheduling the requested utility extension in 1995 to coincide
with the extension of utilities to service the east side of Highway
3. Mr. Colbert then highlighted the options available and the
preliminary costs.
Scott Johnson, President of Arcon Development, the developer of
Waterview Addition, indicated that he and his Company are neutral on
the use of Dodd Road as a means of installing the sewer. He also
noted that based on his conversations with Mr. Colbert, installation
of the sewer on the east side of Highway 3 would be the best option.
Mr. Johnson also noted certain benefits in putting in the sewer this
summer rather than waiting until next year. Mr. Johnson indicated
that Arcon Development would be willing to participate in the cost of
jacking the Highway and installing the sewer system.
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Mayor Egan then inquired about the cost of installing the sewer
on the east side of Highway 3, if a new shoulder would not have to be
installed. Mr. Colbert indicated that if a new shoulder was not
necessary, the cost of installing a sewer would be $30,000.00. If a
new shoulder did have to be put in, it would cost an additional
$20,000.00. Mr. Colbert then noted that if the City were to put in
the sewer by jacking Highway 3, it would cost the City $12,000.00 to
$15,000.00 more than if they were to put it in next year when the
entire Highway 3 project was undertaken.
Dr. Fitz expressed his concern that this project be done as soon
as possible and that the proposal of Arcon Development be accepted by
the City.
Councilmember Wachter indicated that certain issues must be
resolved before construction could get underway this summer. First,
they must clear this project with the Highway Department and second,
the railroad must be contacted for any potential problems.
Councilmember Awada said that she would be in favor of the
construction along Highway 3 this summer because it would save the
residents of Dodd Road from any additional traffic and also the City
would recoup the $10,000.00 to $15,000.00 expense in property taxes.
Councilmember Hunter moved, Awada seconded, a motion to receive
the petition and authorize a revised feasibility report for Project
666R, (Waterview Addition-Utility Extension) with specific direction
on sanitary sewer alignment along the east side of Highway 3 and
financing by Arcon Construction of the Highway 3 crossing. Aye: 5
Nay: 0
Councilmember Hunter moved, Awada seconded, a motion to
simultaneously prepare plans and specs for Project 666R. Aye: 5 Nay:
0
Preliminary Plat. Amundson Corner Addition/Gilbert Amundson,
Consisting of two lots on 1.25 previously zoned R-1 (single-family)
acres located at the northeast intersection of Lenore Lane and Cliff
Road in the southeast guarter of Section 29 and a variance of 25 feet
to the Dakota County required 50 feet right-of-way dedication along
Cliff Road.
Mayor Egan introduced this item as a Preliminary
Plat/Variance/Amundson Corner Addition. City Community Development
Director Reichert stated that Gilbert Amundson is requesting
preliminary plat approval for two lots on 1.2 acres of R-1 zoned
property located at the northeast intersection of Cliff Road and
Lenore Lane. The Advisory Planning Commission conducted a public
hearing on this proposed plat at its meeting of May 24, 1994 and
recommends approval of this preliminary plat subject to seven
conditions set forth in their minutes. The Advisory Planning
Commission also recommends to the City Council that the City formally
request a variance of 25 feet to the Dakota County required 50-foot
right-of-way dedication along Cliff Road.
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Councilmember Awada moved, Masin seconded, a motion to approve a
preliminary plat for Amundson Corner Addition consisting of two lots
on 1.25 acres zoned R-1 located at the northeast intersection of
Lenore Lane and Cliff Road subject to:
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, G1, and H1.
2. The development shall construct a drainage swale to drain
the landlocked low area that is located in the west edge of the
development to drain the area in a northeasterly direction.
3. The developer shall dedicate additional right-of-way along
C.S.A.H. #32 (Cliff Road) as required by Dakota County.
4. Restricted access shall be dedicated along Cliff Road, and
the existing driveway opening that connects to Cliff Road shall be
removed and replaced with B-618 concrete curb and gutter.
5. The developer will be responsible for providing sanitary
sewer and water service from Lenore Lane to Lot 1.
6. The Lot 1 driveway connection to Lenore Lane will require
removal of the existing B618 curb and gutter and the construction of
a new drop curb for the driveway opening.
7. The development is required to pay a cash parks, trails, and
water quality dedication.
Councilmember Awada moved, Masin seconded, a motion to authorize
City staff to formally request a variance of 25 feet to the Dakota
County required 50-foot right-of-way dedication along Cliff Road as
it would affect the Amundson Corner Addition. Aye: 5 Nay: 0
Planned Development Amendment/Hoyt Properties. Inc.. to the
Hadler Park Planned Development to allow an office use for Lot 4.
Block 1. Hadler Park Addition. located along the south side of Cliff
Road. west of Rahn Cliff Road. in the Northeast Quarter of Section
31.
Mayor Egan introduced this time as a Planned Development
Amendment for Hoyt Properties, Inc. City Community Development
Director Reichert noted that Hoyt Properties, Inc. has requested an
amendment to the Hadler Park Planned Development to allow an office
and educational use in the existing 14,000 square foot building at
2030 Cliff Road, located south of Cliff Road, north of Rahn Way and
west of Rahn Cliff Road. This Planned Development Amendment is
intended to allow the former Dakota County Western Courthouse
facility to be utilized by School District No. 196 as an educational
center with associated administrative offices.
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The Advisory Planning Commission conducted a public hearing on
this matter at its meeting on May 24, 1994, and recommended approval
of this Amendment subject to one condition regarding the landscaping
identified in the Commission Minutes. Ms. Reichert noted that some of
the previous planned development conditions are no longer relevant
but noted that certain trees need to be replaced and other property
improvements needed to be done. Hoyt Properties has agreed to all of
the conditions set forth by the staff. Mayor Egan noted that he was
very much in favor of this amendment.
Councilmember Hunter moved, Awada seconded, a motion to approve
the amendment to Hadler Park Planned Development subject to:
1. Landscaping, as proposed on the Hadler Park Landscape Plan
on file with the City, is required. A financial guarantee shall be
provided to the City prior to the issuance of the building permit.
Aye: 5 Nay: 0
Comprehensive Guide Plan Amendment. Ray Connelly, Changing the
land use category of approximately 7.93 acres from D-1 Single-Family
Residential (0-3 unites per acre) to NB (Neighborhood Business)
located in the northwest corner of Lexington Avenue and Diffley Road
in the Southwest Ouarter of Section 23.
Mayor Egan introduced this time as Comprehensive Guide Plan
Amendment for Ray Connelly. City Community Development Director
Reichert stated that the Advisory Planning Commission conducted a
public hearing on this matter at its meeting on May 24, 1994.
Although the staff report concluded that the proposed Plan Amendment
was not consistent with the working policies of the commercial land
use study, the Planning Commission nevertheless recommends approval
of this Guide Plan Amendment. Ms. Reichert noted that neighborhood
centers today are generally built in the range of 20,000 to 25,000
square feet and serve about 1,000 households. Furthermore, it is
estimated that within the mile radius of the Lexington/Diffley
intersection, there are about 1,500 households. Therefore, it appears
as though there is a demand in the neighborhood to support some
additional commercial development. Councilmember Masin suggested that
the significant number and scale of the public facilities in the area
- namely the high school, middle school, two ballfield complexes and
the Caponi Art Park - might justify more commercial use than the
residential base itself. Community Development Director Reichert
also noted that the City staff concurs with the Planning Commission's
conclusion that single-family development on the northwest corner at
Lexington and Diffley is unlikely. Mayor Egan expressed his concern
that this parcel of property has not been developed and hopes that it
may be developed in the near future. He noted that the City has
dramatically reduced the commercial zoning in the area in recent
years, but that the nature of the site prevents non-commercial uses
from being appropriate. He noted that the users that the applicant
was bringing forward were viable, appropriate and real.
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Ray Connelly noted that he and his partner have plans to use this
parcel of land for a medical center. The size of this proposed
building would be a minimum of 24,000 square feet. However, Mr.
Connelly cannot continue his talks with medical institutions unless
he first acquires a commercial zoning for this particular piece of
land. He stated that residential use in this location would not work
due to its size and shape in relation to surrounding land uses and
County roads. He further stated that he believed that activity in
this corner of the intersection would create demand for the property
in the opposite corner. He said that he has excess interested users
for this site at the present time.
Public Works Director Colbert spoke about the access to this
proposed building and noted that it would take some coordination
between adjoining property owners, the County and the City of Eagan.
Councilmember Wachter stated that from his Advisory Planning
Commission experience, this is a difficult site to properly zone. He
said that he has mixed feelings about adding commercial acreage to
this area, but that he could be persuaded by its unique
circumstances. Councilmember Awada noted that the most logical use
for this property was a free-standing commercial building and noted
that she would be supportive of the application.
Mayor Egan said that the bank and medical facility uses shown in
the application are appropriate for the area and while they might be
better located across the street, they had not developed there to
date. He stated the need for this intersection to have a finished
look and that if the commercial area across the street does not
develop soon, it may be appropriate for the City to consider other
uses in that location.
Councilmember Hunter stated that he could be persuaded to either
conclusion. He said that the commercial study does not support more
commercial for the area itself and that more commercial here may
diminish the potential for neighborhood commercial farther east in
Eagan. He said that despite this, any other use on the site appears
to be spotty and inappropriate. He further indicated that of the uses
possible for neighborhood commercial, a medical facility and bank
would have the least impact on retail development in other commercial
nodes. He stated that this proposal offers the best opportunity to
provide a finished look for the intersection.
Councilmember Awada suggested that this land use is only
appropriate for lower intensity uses such as the medical facility,
bank, day care facilities and a drug store. She stated that the
restaurant indicated in the application would not be appropriate and
should be addressed as part of the zoning application.
Councilmember Masin stated that she could definitely not see
residential in this location and that the proposal before the Council
appeared to be a reasonable alternative.
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Councilmember Masin moved, Hunter seconded, a motion to approve a
Comprehensive Guide Plan Amendment to change the land use category of
approximately 7.93 acres from D-1 (Single-Family Residential) to NB
(Neighborhood Business) located on the northwest corner of Lexington
Avenue and Diffley Road in the Southwest Quarter of Section 23. Aye:
5 Nay: 0
County Five-Year CIP Review
Mayor Egan introduced this item as a Review of the County's
Proposed 5-year Capital Improvement Project (1995-1999). City
Administrator Hedges noted that on May 24, 1994, the City received a
request from Dakota County to review their existing (1994 through
1998) CIP and provide any suggestions or modifications that should be
taken into consideration for the County's (1995-1999) CIP. The County
is requesting a response by June 17, 1994. City Public Works Director
Colbert noted that there were ten options for the Council
consideration: Roadway improvements; signals; trailways and building
improvements.
Roadway Improvements:
1. The request is a schedule regarding the improvement of Cliff
Road from Lexington Avenue to T.H. 3. It was agreed that 1998 would
be the year for improving Cliff Road from Lexington to Highway 3.
2. Rescheduling of the improvement of Lone Oak Road from
Highway 55 to Inver Grove Heights. It was agreed upon that this
improvement of Lone Oak Road would be rescheduled to 1997.
3. Miscellaneous improvements to Yankee Doodle Road/Pilot Knob
Ring Road from 1997 through 1999. The Council agreed that these
improvements should be added to the roadway improvement agenda.
Signals:
1, The rescheduling request of the signalization of Lexington
Avenue at Wescott Road. Council agreed that this Project would be
rescheduled to 1995.
2. Relocating of traffic signals from Pilot Knob Road at Tower
View Road to High Site Drive. The Council agreed that this would be
done in the future to 1997.
Trailways:
1. The consideration of a request for a new trail along the
north side of Lone Oak Road from Lexington Avenue to Highway 55. The
Council agreed that this new addition would be done in 1995.
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2. The request for a new trail along the west side of Pilot
Knob Road from 494 into Mendota Heights. The Council agreed that this
would be done in 1995.
3. The request for a trail along the south side of Cliff Road
from Lexington Avenue to Highway 3. The Council agreed that this
would be scheduled for 1998.
4. The request for a trail along the south side of Yankee
Doodle Road from Lexington Avenue into Inver Grove Heights. The
Council agreed that this should be scheduled for 1995.
Building Improvement:
1. The proposed improvements to the Wescott Library-parking lot
modifications, landscaping and signage improvements. The Council
agreed that this should be scheduled for 1995.
Councilmember Wachter moved, Masin seconded, a motion to accept
the aforementioned options. Aye: 5 Nay: 0
Administrative Agenda
Special Council Meeting
City Administrator Hedges noted that it is recommended that a
Special City Council meeting be held the week of June 13, 1994, for
purposes of 1) reviewing the comprehensive annual financial report
for December 31, 1993; 2) on-going community development update; and
3) update on the Parks System Plan.
Councilmember Masin moved, Egan seconded, a motion to hold a
Special City Council Meeting for June 21, 1994, at 5:00 p.m. Aye: 5
Nay: 0
City Contract No. 94-03
Public Works Director Colbert noted that Contract change order
#1, City Contract No. 94-03, (Blue Cross Road, Trailway and Storm
Sewer) provides for revisions to the Blue Cross Road Trailway
construction and storm sewer related items for Pond CP-6. Part A of
the proposed change order provides for the addition of seeding with
mulch and fertilizer and/or with wood fiber blanket to the Blue Cross
Road Trailway portion of the Contract. The bid unit prices for the
Blue Cross Road portion of the above-referenced items are the same as
was bid for the Blackhawk portion of the Contract. The addition of
these items is necessary because modifications to the retaining wall
construction and boulevard areas as originally bid are being proposed
to save on retaining wall costs. Part A is anticipated to add
approximately $1,500.00 to the Contract.
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Part B of the change order provides for the deletion of four bid
items and related quantities from the Pond CP-6 storm sewer work as
proposed in the Contract. Part B includes the elimination of an
outlet skimmer, reduction in the remove, salvage and reinstall
12-inch concrete pipe, and the elimination of the bid item to clear
and grub the dead trees and stumps in Pond CP-6. Part B of the change
order also provides for a deduction of $29,412.50. The proposed
Contract change order #1 provides for a $27,912.50 deduction to the
Contract amount.
Councilmember Hunter moved, Awada seconded, a motion to approve
Contract Change Order #1 to City Contract No. 94-03, (Blue Cross
Road, Trailway and Storm Sewer) and to authorize the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
VISITORS TO BE HEARD
Dave Munson spoke on behalf of the July 4, 1994, festivities at
Rahn Park. Mr. Munson asked that the City provide additional portable
restrooms. Mr. Munson discussed the problem of where the carnival
will be located next year and anticipates that Rahn Park will not be
available for the following years. The Council noted that
applications for the carnival would be subject to police approval of
licenses for nonintoxicating liquors, among others. Councilmember
Hunter moved, Masin seconded, a motion to accept the Lion's Club
applications subject to Police Department approval of certain
licenses. Aye: 5 Nay: 0.
Ray Johnson and Bob Bauer were also heard. They appeared in
connection with the proposed comprehensive guide plan amendment for
the northwest corner of Lexington Avenue and Diffley Road. They noted
that they were in favor of the amendment to neighborhood business.
MISCELLANEOUS
Community Development Director Reichert noted the success of the
Trapp Farm Project.
Public Works Director Colbert noted that Item P of the Consent
Agenda should be subject to State aid approval.
Councilmember Wachter mentioned that certain trees near the Cub
Foods should be transplanted due to their size and that it might
interfere with traffic.
Councilmember Wachter mentioned that the logo of Eagan should be
on the cancellation stamp for mail processed at the Eagan Post
Office.
Mayor Egan noted to Public Works Director Colbert that the sod on
County Roads is much worse than City maintained roads and that there
seems to be a dual level of maintenance regarding City and County
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Mayor Egan inquired as to how the City could ensure that the
County roads be maintained on an equal level to those in the City.
Public Works Director Colbert mentioned that he will make an effort
to come to some agreement with the County in order to better maintain
the County roads and if this does not work, he may approach Mayor
Egan in the future to approach the County Board.
Mayor Egan also stated that an administrative intern, Joyce
Pruit, had done a terrific job for the City and should be recognized.
Councilmember Masin noted that she attended the League of
Minnesota Cities meeting and that cities have greater power to
determine the speed limits within their city limits.
Councilmember Masin noted that the new St. Thomas Beckett Church
and dedication went extremely well.
Councilmember Masin also noted that she had seen brick on street
medians and inquired as to whether it would be feasible for the City
of Eagan to use brick on the roadway medians rather than concrete.
After the meeting, a visitor in the audience came to the dais to say
that the median was colored concrete with a design pressed into it.
Councilmember Wachter posed the question to City Attorney Sheldon
if there had been any changes in legislation regarding City liability
for injuries occurring at City parks. Mr. Sheldon said he would look
into the matter.
CHECK LIST
Councilmember Wachter moved, Egan seconded, a motion to approve
the checklist dated June 7, 1994, in the amount of $2,253,657.30.
Aye: 5 Nay: 0
ADJOURNMENT
Councilmember Wachter moved, Egan seconded, a motion to adjourn
the regular meeting of the Eagan City Council at approximately 10:30
p.m.
EXECUTIVE SESSION
City council went into executive session thereafter with the City
Attorney to discuss pending litigation.
CITY OF EAGAN
VanOver eke
CI Clerk
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