07/05/1994 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE C 2'.' k..
EAGAN, CITY COUNCIL
Eagan, Minnesota
July 5, 1994
A regular meeting of the Eagan City Council was held on Tuesday, July 5, 1994 at the Eagan
Municipal Center. 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.
AGENDA
Wachter moved, Hunter seconded a motion to approve the agenda for the July 5, 1994 meeting as
submitted. Aye: 5 Nay: 0
MINUTES OF JUNE 21, 1994 REGULAR CITY COUNCIL MEETING
Administrator Hedges noted an addition to pages 2 and 3 of the minutes that was inadvertently
omitted. Councilmember Masin noted a correction on page 9, paragraph 5, that Rebecca Kulick's name
was misspelled. The correct spelling should be Kulas.
Hunter moved, Awada seconded a motion to approve the minutes of the June 21, 1994 regular City
Council meeting as amended. Aye: 5 Nay: 0
MINUTES OF JUNE 21, 1994 SPECIAL CITY COUNCIL MEETING
Awada moved, Hunter seconded a motion to approve the minutes of the June 21, 1994 special City
Council meeting as presented. Aye: 5 Nay: 0
MINUTES OF JUNE 7, 1994 REGULAR COUNCIL MEETING
Councilmember Masin requested that on page 20, paragraph 5, that a clarification be added that
a member of the audience Identified the median material as colored concrete rather than brick.
Administrator Hedges suggested that Councilmember Masin give the correct language to the secretary to
be added to the minutes.
Hunter moved, Awada seconded a motion to approve the minutes of the June 7, 1994 regular City
Council meeting. Aye: 5 Nay: 0
Councilmember Wachter Indicated he would like to change his vote in the minutes from some time
back relating to the Lexington/Lone Oak street improvements. He understood that two access points were
to be provided for Crate Prospects as part of the road Improvement project, which Is what he based his vote
on. Since that has not occurred, Wachter asked that his vote for the street improvement project be changed
to NAY. Mayor Egan and other Councilmembers stated they remembered Wachter's vote as being NAY on
that issue.
VISITORS TO BE HEARD
There was no one in the audience who wished to address the City Council under this section.
DEPARTMENT HEAD BUSINESS
Councilmember Wachter asked whether there was an explosion at the July 4th fireworks. He heard
that people were endangered. Police Chief Geagan indicated there were 15-20 Incidents of people with
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debris in their eyes from the fallout of the fireworks. There were also a number of young people who
brought their own fireworks. Councilmember Awada indicated she received comments from people who
would like to keep the parade on Rahn Road. Administrator Hedges suggested that if Councilmembers have
suggestions on the July 4th celebration, they should get them to his office. He would like to have some
discussion with the Uons Club relative to the congestion, traffic, etc. Awada noted she received a
suggestion that Eagan have their own festival, since there are so many other towns competing with July 4th
celebrations. Masin suggested the festival be held In addition to the July 4th celebration. Mayor Egan
concurred. Councilmember Wachter noted he met with Ann Canon and she stated she would like to have
some type of celebration, perhaps with a historical theme. He suggested the Historical Society meet where
she could be present to discuss this.
Mayor Egan asked for an update on the storm damage last evening. Police Chief Geagan noted
that a storm cell went through the city and reviewed the location of the storm and damage that occurred
as a result of the storm. There were approximately 41 homes damaged, and approximately $100,000
damage, not Including the trees that were lost. He spoke to the Emergency Preparedness Director, who
indicated that in order to receive federal funding, there needs to be at least 25 structures that are
underinsured or not insured. Chief Geagan doesn't feel the City will meet that criteria. He commended the
departments that were involved in the cleanup, and the neighbors who really pulled together to help each
other. He feels everything is pretty well taken care of, and stated the City was fortunate that no one was
injured since there was no warning of the storm. Besides Bloomington, Eagan seems to be the only
community significantly affected. Mayor Egan noted he received many compliments about staff on the job
they did cleaning up after the storm. He commended the departments involved.
CONSENT AGENDA
In regard to Item D. Amend Contract. E & V Incorporated. Construction Management Service.
Police/Municipal Center Expansion, Councilmember Wachter asked for an explanation of the escalation
figure.
In regard to Item E. Receive Bids/Award Sale. Lexington Meadows Subdivision. McDonald
Construction. Councilmember Awada stated she was happy to see a better price was received than the first
time. She would like a breakdown of the costs.
In regard to Item F. Gambling Permit. Knights of Columbus Council 7604. Starks Saloon. 3125 Dodd
Road. Councilmember Hunter stated he feels that it is not in the best interest of the city to approve every
permit that is requested. He felt a policy needs to be developed which clarifies the criteria for approving
permits. Ron Leif, Assistant Gambling Manager for the Knights of Columbus, clarified that this Is a new
license for Starks Saloon. The Knights of Columbus also has a license at Richards on Highway 3. Starks
Saloon had pull tabs with another organization several years ago, and although they would prefer not to
have them, they feel business is suffering because businesses around them have pull tabs. Hunter stated
he would like to place this under new business of an upcoming agenda for discussion. He is willing to
support this permit, but he would like to see a policy developed.
In regard to Item I. Project 674, Receive Feasibility Rego /Order Public Hearing (Violet Lane -
Streets and Utilities), Councilmember Masin noted that Harry LeMleux passed away a few weeks ago. He
was very active In the community and Will be missed.
In regard to Item K, Project 672. Approve Agreement between Dakota County and C.P. Rail System
(Cliff Road and T.H. 3 - Signal Improvements). Councilmember Wachter asked what the cost participation
will be. Public Works Director Colbert stated the City is responsible for 45% of the costs of the roadway
crossing. It is a three way agreement between the City, Dakota County, and the railroad. The first
agreement entered Into was for the signalization of that crossing, which was a five way agreement with
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federal funds, state funds, county funds, city funds and the railroad. Wachter asked why this wasn't split
three ways. Colbert noted that it is part of the railroad requirements to cross their tracks. The city and
county typically split all costs associated with county road construction. This agreement Is to reimburse the
railroad, who does the actual crossing. Wachter asked whether this will establish a precedent. Colbert
indicated It will not. The present policy is that any time county funds are required, the city participates 45%
for the roadway Improvements, and 50% for the signalization.
In regard to Item N, Final Plat. Rooney Addition. Councilmember Wachter asked for further
explanation. Public Works Director Colbert noted that when the property owner Improved their property with
decks and yard Improvements, they encroached beyond their property line. This plat will recreate a new
lot line and rededicate the common property line.
A. Personnel Items
Item 1. It was recommended to approve the hiring of Jerilyn Johanson as a seasonal park
attendant.
Item 2. It was recommended to approve the hiring of Robert Becker and John Fenger as seasonal
street maintenance workers.
Item 3. It was recommended to approve the hiring of Jon Stevenson as a seasonal park
maintenance worker.
Item 4. It was recommended to approve the hiring of Jennifer Jensen as a seasonal recreation
assistant.
Item 5. It was recommended to approve the hiring of John Fenger, Tyrone Lovick, Stacy Brown,
Andrew Kelson, Timothy Wentworth, Lane Purcell, Marcus Arcell, Paul Clark, Terrance Masso and Dennis
Clark as seasonal basketball referee/coaches.
Item 6. It was recommended to approve the hearing conservation agreement between the City of
Eagan and the City of Bloomington.
Item 7. It was recommended to approve the reclassification of the Water Quality Coordinator
position from exempt level J to exempt level K.
B. Licenses. Plumbers
It was recommended that the following plumbers licenses be approved: A-Handy Plumbing Inc.;
Aquarius Heating & Plumbing; Gorham-Olen Mechanical Inc.; Hopkins Plumbing & Heating; Horwitz Inc.;
Murr Plumbing Inc.; and N S Mechanical Inc.
C. Recommendation. App. glntment to the Dakota Alliance for Prevention
It was recommended that Kathy Schalvone be recommended for appointment to the Dakota Alliance
for Prevention as a representative.
D. Amend Contract. E & V Incorporated. Construction manaaement Service. Police/Municipal
Center Ex nsion
It was recommended to approve an amendment to the construction management contract for E &
V Incorporated for the Police/Municipal Center Expansion, as presented.
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E. Receive Bids/Award Sale. Lexington Meadows Subdivision. McDonald Construction
It was recommended to receive bids and award the sale of municipal surplus property known as
the Lexington Meadows Subdivision to McDonald Construction at its bid price of $223,250, as presented.
F. Gambling Permit. Knights of Columbus Council 7604. Starks Saloon. 3125 Dodd Road
It was recommended to approve a gambling permit for the Knights of Columbus 7604 for the Starks
Saloon premises as presented. (Reference resolution?) R-94.43
G. Special Permit. Target. to allow one-day outdoor sales of hot dogs and too. July 15. 1994
It was recommended to approve a special use permit for Target Stores to allow one-day outdoor
sales of hot dogs and pop on July 15, 1994, subject to the following conditions:
1. Measures shall be taken to ensure smooth and safe vehicular traffic circulation.
2. Permit expires at 7:00 p.m. on July 15, 1994.
3. All applicable Code requirements.
H. Vacate. Public Right-of-Way. Receive Petition/Order Public Hearing (Carol Street)
It was recommended to receive a petition to consider the vacation of public right-of-way for Carol
Street and schedule a public hearing to be held on August 2, 1994.
1. Project 674. Receive Feasibility Report/Order Public Hearing (Violet Lane - Streets and Utilities)
It was recommended to receive the feasibility report for Project 674 (Violet Lane - Streets & Utilities)
and schedule a public hearing to be held on August 2, 1994.
J. Contract 93-06. Authorize Final Payment (T.H. 149 and N.W. Parkway - Signal)
It was recommended to continue this item indefinitely in order to obtain appropriate signatures.
K. Project 672. AR rop ve Agreement between Dakota County and C.P. Rail System (Cliff Road and
T.H. 3 - Signal Improvements
It was recommended to approve an agreement for Track Crossing Renewal between Dakota County,
City of Eagan and CP Rail System for Project 672 (TH 3 & Cliff Road - Signal & Roadway Improvements)
and authorize the Mayor and City Council to execute all related documents.
L Acceptance. Carriage Hill Drive. Request for Dakota County Acceptance of Jurisdiction of Public
Right-of-Way
It was recommended to approve the Resolution requesting County jurisdiction of Carriage Hills Drive
and authorize the Mayor and City Clerk to execute all related documents.
R-94.44
M. Final Plat. Galaxie Hill Oaks
It was recommended to approve the final plat for Galaxie HUI Oaks.
R-94.45
N. Final Plat. Rooney Addition
It was recommended to approve the final plat for Rooney Addition. R-94.46
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Wachter moved, Hunter seconded a motion to approve the Consent Agenda as presented. Aye:
5 Nay: 0
P$~ RI
PROJECT 661R, SIBLEY TERMINAL INDUSTRIAL PARK (YANKEE DOODLE ROAD REHABILITATION)
Mayor Egan Introduced this Item as Project 661 R, Sibley Terminal Industrial Park.
Administrator Hedges explained that at the April 19 City Council meeting, a public hearing was held
to consider the reconstruction and rehabilitation Improvements for the Sibley Terminal Industrial Park which
incorporates Yankee Doodle Road from T.H. 13 to Terminal Drive and Terminal Drive from Yankee Doodle
Road to T.H. 13. At that time, the Council deferred the Terminal Drive improvement for reconsideration in
1996. Staff was also directed to redraft and revise the feasibility report for improvement of only Yankee
Doodle Road from T.H. 13 to Terminal Drive.
At the May 18 special City Council workshop, there were a number of alternatives for financing
addressed for this project. The Public Works Committee was then directed to review the options with the
Impacted property owners on June 2nd at a public Informational meeting. At the June 7 City Council
meeting, a revised feasibility report was then presented with specific direction which included a request for
an overlay alternative at the suggestion of the City Council, and the public hearing was then scheduled for
this meeting. He noted that one of the directions of the Public Works Committee was to work with the
affected property owners and information has been shared with Tim Herman, the industrial park's designated
representative.
Public Works Director Colbert introduced Steve Gatlin of MSA Consulting Engineers, who has been
involved in the preparation of both feasibility reports.
Steve Gatlin of MSA Consulting Engineers, noted that following direction of the Council, they
reduced the scope of the project to include only improvements to Yankee Doodle Road from Terminal Drive
to T.H. 13. The feasibility report addressed two types of improvements on that road, one of which Is the
complete reconstruction of the intersection of Yankee Doodle Road and Terminal Drive, and the low point
near the intersection with Yankee Drive; and a significant curb to curb milling and overlay on the remaining
portions of the roadway. They are recommending that the pavement be removed, and that improvements
be Installed, including new storm sewer in the low point, curb and gutter where the current curb and gutter
shows settlement or cracking, and subgrade improvements to correct some subsoil moisture problems that
were identified through soil borings. The reconstruction section involves removal of the pavement, removal
of the gravel base, Installation of sand subcut where necessary, edge drains in the low areas to remove
subsoil moisture, replacement of the curb and gutter if necessary, and repave. The remaining portions will
be milled and overlaid with 3 inches of bituminous.
He noted that after reviewing the assessment scenarios, the Council seemed to prefer the allocation
of 50% of the cost to the abutting frontage along Yankee Doodle Road from Terminal Drive to T.H. 13. The
remaining cost is proposed to be assessed on an area-wide basis to all properties except those having
direct frontage on the improvement. The total Improvement cost is estimated to be $196,600, of which
$166,000 Is for reconstruction, and $30,000 is for the overlay. Following the Eagan assessment policy, all
of the reconstruction costs and driveways will be assessed; and curb repairs, storm sewer repairs, and utility
repairs will be paid for by the city. Using that policy, $134,600 will be assessed, and $62,000 is city cost.
Of the assessment amount, 50% will be assessed at the assessment rate of $34.72 per front foot to the
frontage along Yankee Doodle Road, and the remainder on an area-wide assessment rate of $428.42 per
acre.
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Following the meeting with the Council and affected property owners, an alternative was suggested
that selective patching be done In the low areas and the Intersection; and an entire milling and overlay over
the entire length of Yankee Doodle Road. There would be no storm sewer Improvements, subgrade
drainage or subsoil correction. The total project cost of this alternative Is $67,600. Using the City's
assessment policy, all of this amount would be assessed. The front foot assessment would be $17.44 per
front foot for frontage along Yankee Doodle Road; with an area-wide assessment of $215.16 per acre.
Mr. Gatlin then explained the analysis of costs of both improvements over its life cycle. The cost
over the life cycle of both alternatives is nearly the same; however, the amount that is assessed would be
much greater with the overlay scenario. Councilmember Awada asked what would happen under the
overlay scenario If the project were redone in year 10 rather than year 15 and the repair and patch in year
10 were eliminated. Gatlin responded that that would most likely result In redoing the project three times
Instead of two. He added that the analysis on this scenario is speculative based on the anticipated life cycle
of the unsuitable subgrade of the road. It will depend on how the area develops and the amount of traffic.
Mayor Egan asked whether the analysis for the overlay was done based on a 10 ton roadway
design. Gatlin responded that the subgrade results In a diminished load carrying capability. In order to
provide a 10 ton design, the subgrade Improvements would have to be made. Mayor Eagan stated he
doesn't feel the overlay is a cost effective plan because it wouldn't achieve the city's 10 ton road standard,
and the assessable cost would be greater to the adjacent property owners. Councilmember Wachter asked
whether core samples were taken. Gatlin Indicated that they did take core samples at least 18-24 inches
deep. They were done every 100 feet in the low areas, and every 300 feet in other areas.
Mayor Egan then opened the hearing to public comment.
Tim Herman, one of the affected property owners, indicated he has met with a number of the
affected property owners. He feels there are two Issues: whether the road should be reconstructed or
overlaid; and the Issue of how It will be paid for. He would like to get a consensus from the Council as to
whether the roadway will be reconstructed or overlaid. Mayor Egan clarified that Alternate 1 refers to
reconstruction; and Alternate 2 refers to the overlay. Tim Herman Indicated that the consensus of the
property owners Is to support Alternate 2. Councilmember Masin stated that for $10,000 moreover the 30
year life cycle, to have a road that Is up to standard makes the most sense. Mayor Egan raised the question
of whether building a substandard roadway here would be setting a precedent. He asked whether this has
been done on other roadways In the City. Administrator Hedges indicated that this does go against the
city's policy and could set a precedent. It Is a public policy question unless the Council feels this project
has unique characteristics. Councilmember Awada stated she sees no reason to spend public tax dollars
to build a substandard roadway. She doesn't feel this Is a unique situation. Councilmember Wachter stated
he feels it is unique In that it is the last Industrial commercial road that would need this type of improvement.
He added that if the affected property owners are convinced that reconstruction is not necessary, that they
should be aware that they will bear most of the cost If the road deteriorates under the overlay scenario.
Councilmember Hunter stated that there are many vacant lots In this industrial park, and future businesses
should have a reasonable expectation that their streets are up to standards just like other industrial parks.
Also, this Is not the only industrial park In Eagan, and felt this would set a precedent. Over time, it could
result In a lot of substandard roads in industrial parks.
Tim Herman stated he feels there are only three Industrial parks in Eagan and doesn't feel a
precedent would be set. The road is used almost exclusively by the business owners, and feels they should
have some Input as to the extent of the repairs to the roadway. He feels it would save taxpayers money
to do the overlay. Sixteen out of the 17 owners prefer the overlay. Mr. Herman didn't understand the
Council's hesitation In doing an overlay. Even if the taxpayers paid for the entire project, he still felt the
overlay would be a better way to go rather than reconstruction since no one knows how long the street will
last. Terminal Drive has had virtually no repairs.
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Mayor Egan asked what the projected cost of maintenance would be under Alternate 2 compared
to Alternate 1. Public Works Colbert stated it is difficult to measure, but he felt it would be higher for
Alternate 2 due to the weaker subgrade. It causes a greater propensity for cracks and breakup of the
asphalt surface. Mayor Egan stated he feels Alternate 2 just causes greater expense in the long run. He
feels the future owners of this Industrial park are paying the same square footage cost as any other industrial
park, and they should be able to expect the same standard street as any other industrial park. Tim Herman
noted that there are no vacant lots on Yankee Doodle Road, and they are being assessed half of the cost.
He acknowledged that no one knows how long the road will last, but felt the Council should consider the
opinion of the affected property owners, who are the users of the road and will pay for it. He didn't feel the
Council should rely on the opinion of someone who never uses the road, and has no long term cost bearing
in it. Mayor Egan stated that they are using the expertise of engineers and basing their decision on past
experience. This is what has been done uniformly in the past. Councilmember Wachter asked about a
section of curbing that was knocked out to provide access to a property. Public Works Director Colbert
indicated he will contact the property owner prior to redoing the roadway to see If that Is where they want
their driveway. He believed that is included in the cost estimate. Wachter stated he wants to make sure
there are no hidden costs after this project is completed. He feels it Is best to do the roadway the proper
way the first time. However, If these property owners are willing to assume the responsibility of the costs
later on, he is willing to support Alternate 2. Councilmember Awada stated she doesn't understand why the
property owners support Alternate 2 after analyzing the costs involved. Tim Herman stated he doesn't feel
this roadway will deteriorate as quickly as was estimated. They base their decision on 30 years of being
in this area. It is simply a difference of opinion. He doesn't feel reconstruction of the roadway will provide
a return for their money. He doesn't feel the subgrade is bad, or that it will get worse.
Awada asked what standard the roadway would be if Alternate 2 is done. Steve Gatlin responded
that it will remain a 9 ton roadway. Mayor Egan noted that the property owners always have the option
of appealing their assessment; however, that Is not the purpose of this public hearing. Councilmember
Masan stated that if public money is being spent, she wants to know the job is being done right the first time.
Tim Herman stated he feels the overlay is the right way to do this road. He feels the industrial parks should
have the choice of a 9 ton or 10 ton road.
Councilmember Awada noted that Alternate 2 also does not include the catch basins that were
proposed. Public Works Director Colbert indicated that he feels catch basins are needed to provide better
drainage and protection of the subgrade, which provides structural support and long term longevity of the
street.
Mike Gresser stated he feels the Council should be listening to the business owners in the area.
They know their businesses and their area. He feels engineers have an economic gain by proposing a
bigger project. He feels that is the wrong way to do business and that engineers should have a cap on their
fees. He spoke with an engineer from MnDOT, who have done miles of overlays, and they have held up
very well. The owners are the only ones using the street, so they should have a say about how the city is
going to spend their money. He reminded Council members that the elections are coming up, and he
doesn't feel this is good management. He opined that overlay Is more than adequate for this road. Masin
asked whether that conclusion Is documented. Gresser indicated it Is not. He is asking the Council to
believe him, because he has a financial stake in this decision. If the owners are the ones who will ultimately
pay for this, he doesn't understand the Council's hesitation. He doesn't think the Council Is representing
the people. Mayor Egan stated that cities have to have standards, or the community would be in chaos,
with no uniformity. Gresser stated that he feels residential streets are different. There are very few people
using this street besides the owners. Mayor Egan stated he could say the same thing about his residential
street. The City is still responsible for maintaining the streets and they believe the policy brings value and
general benefit to the entire community. Egan stated that if Mr. Gresser doesn't like the policy, rather than
challenging the Implementation of the policy, the policy should be reviewed. Gresser responded that he
would like to look at the policy because he doesn't feel this makes any sense.
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Steve Henning, 3259 Terminal Drive, stated he concurs with doing the overlay. The taxpayers will
be paying a much larger cost if the Council chooses Alternate 1. He doesn't feel that is serving the people
of Eagan. The property owners mutually agree that Alternate 2 Is the better alternative. No one knows what
will happen with this roadway In the future and the property owners feel they know what is best for their
area.
Steve Marstad, Apollo Elevator, 3245 Sibley Memorial Highway, indicated that when they originally
purchased their property, they had a Terminal Drive address; however, they have never had access from
Terminal Drive. Their access is from Highway 13. He would like to know why he is being included in this
improvement. He has contacted City Hall several times, but has not received a response. Public Works
Director Colbert asked whether he has any property that has frontage on Terminal Drive. Mr. Marstad
Indicated he does not. Colbert responded that If his only access is from Highway 13, it Is not the City's
Intention to include him In this project. Mr. Marstad stated there was an easement across his property many
years ago, which no longer exists.
Ben Wilson, President of Diesel Service Company, on the comer of Sibley Memorial Highway and
Terminal Drive, stated the road is doing an adequate job. He feels Alternate 1 Is defendable, but exceeds
the need. If the property owners are willing to assume the risk, he requests that the Council listen to them.
Tim Herman asked what the administration costs include in the engineering fees. He feels
engineering firms have a conflict of interest when proposing this type of work. He asked whether the
company will be paid more if the Council approves a larger project. He also questioned why the
administrative costs are so much larger for Alternate 1. Public Works Director Colbert indicated that the
consultant doesn't necessarily receive a higher fee if the larger project is approved. It is just a best estimate
of the costs. It is not directly proportionate to the size of the project. Colbert explained some of the factors
that affect engineering costs. Mr. Herman indicated he contacted Mr. Gatlin to get some different scenarios
on cost allocation. Councilmember Hunter stated that for Mr. Herman to contact the City's consultant was
irresponsible and shouldn't have been done. Mayor Egan concurred.
Councilmember Masin stated there are standards the City Is trying to adhere to. The City has hired
professionals to give their best judgement and they are being told by the property owners not to listen to
them. Councilmember Awada stated she trusts the engineers and their judgment. She feels Alternate 1 Is
more cost effective in the long run; but she would be willing to support Alternate 2.
Administrator Hedges reminded the Council that this project requires a 4/5 vote of the Council.
Councilmember Hunter agreed that this debate is about risk. He doesn't like to bend standards, but since
the property owners are willing to assume the risk, he is willing to support Alternate 2. After some
discussion, it was moved by Hunter, seconded by Awada, that the public hearing be closed, that Project
661 R, Alternate 2 be approved, and that detailed plans and specifications be authorized. Mr. Herman
requested that the element relating to assessments be removed from this project. Mayor Egan reminded
Mr. Herman that there is a separate public hearing for the assessment. Aye: 5 Nay: 0
SMAUS092
APPOINTMENT/APRNRC
Mayor Egan Introduced this item as an appointment to the Advisory Parks, Recreation and Natural
Resources Commission vacancies.
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e~ 4
Administrator Hedges noted that there are two vacancies on the Advisory Parks, Recreation and
Natural Resources Commission. The City advertised in the local newspaper to seek interested parties, and
there are two. Michael Vincent, who is currently the alternate, has expressed interest; and Sherie Wallace,
has also expressed Interest. Masin moved, Wachter seconded a motion to appoint Michael Vincent to the
term expiring In 1995; and Sherie Wallace to the term expiring in 1994. Aye: 5 Nay: 0.
(The Council took a break at this time.)
PREUMINARY PLAT/BACHEL'S BACKYARD
Mayor Egan Introduced this item as a preliminary plat for Bachel's Backyard/Al and Mary Kay
Bachel, consisting of 2.81 acres for one single family lot and one Outlot on Lot 14, Zehnder Acres located
in the Southeast Quarter of Section 4.
Administrator Hedges noted that the Advisory Planning Commission conducted a public hearing on
this matter on June 28, 1994 and Is recommending approval, with conditions. Community Development
Director Reichert explained the location of this property. The owners are proposing to divide the back and
create an outlot. They sold their home and are moving, but In case it doesn't work, they would like a lot
to come back to. She explained the access to this lot and the surrounding area for future development.
Wachter moved, Awada seconded a motion to approve the preliminary plat of Bachel's backyard, subject
to the following conditions:
1) The standard conditions of plat approval Al. B1, B3, Cl, Fl and H1, adopted by Council action
February 3, 1993 shall be compiled with.
2) A tree preservation plan shall be submitted when the Outlot Is platted.
3) The plat is subject to a cash parks dedication and a cash trails dedication.
4) Architectural designs and construction methods for new construction within the development
shall Incorporate sound attenuation standards sufficient to achieve an interior sound level of
45 DBA.
5) A notice will be recorded on each lot indicating that it is located within Metropolitan Council
Noise Zone IV.
Aye: 5 Nay: 0
PREUMINARY PLAT/BROMAN ADDITION
Mayor Egan Introduced this item as the preliminary plat of Broman Addition/John and Flora Broman,
consisting of 1.42 acres for three single family lots on Lot 11, Treffle Acres, located in the Southeast Quarter
of Section 4.
Administrator Hedges stated that the Advisory Planning Commission conducted a public hearing
on June 28, 1994, and recommends approval subject to conditions. Community Development Director
Reichert explained the location of this property. Mr. Broman would like to divide this Into three lots. She
noted that one of the lots is low, so it will require some special construction to put a home there. She noted
that Mr. Broman expressed a concern about the condition to Install water and sewer to each lot at this time;
however, that is a condition of the subdivision. His concern Is that he may not sell one of the lots; it may
be sold In conjunction with one of the other lots. Director Reichert Informed him he could either delay final
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platting for a year, or make it an outlot, and if it Is sold later, he could replat and install water and sewer to
that lot at that time. The Planning Commission recommended approval, subject to nine conditions.
John Broman Indicated that he had an appraisal done both before and after the construction of the
street because he was told he wouldn't be liable for assessments that did not add value to the property.
The street didn't add any value to the property unless he split the lots. His future Is uncertain, so he feels
he must replat the lots now, so the property can be appraised and sold as separate properties without delay
In the event of his relocation. He needs to rebuild the driveway before the final plat is approved and the final
plat must be approved before he can get the existing house appraised. When the street was built, a stub
was put in to access another development and he thought he could stub in to that. The City Engineer
pointed out to him that because the pipe Is so large, he may have stale water. Therefore, he will have to
dig up the street to put water In. If he wasn't forced to dig up the street now, and the development does
occur, he could stub Into it and would be saved the expense. Also, he may sell one of the lots with the
house, so It may never be split. Mr. Broman is asking the Council to delete the requirement to move the
driveway and install water before the lot is actually sold separate from the house. The Public Works Director
pointed out that the reason for this requirement Is that if the street has problems In the future, It Is easier
to recover the cost of repairing the street from the developer. Mr. Broman Is willing to put a covenant on
the new lots that the property owner is responsible for any damages to the street adjacent to their property
that may occur as a result of the Installation of utilities and relocation of the driveway.
In addition, one of the requirements is that an extra 30 feet of Lot 3 must be dedicated for future
street right-of-way. However, in a recent Supreme Court decision, in a very similar situation, Mr. Broman
explained that the court ruled that they could not take property without fair compensation. There isn't much
value to the property, but he wanted the Council to be aware of It. City Attorney Sheldon explained that
case, noting it was in conjunction with a building permit, not a plat. Mayor Egan asked whether the
driveway condition could be made with the building permit rather than the plat. Public Works Director
Colbert stated It would put the city in a very difficult position because if this is platted as two buildable lots,
and someone comes in for a building permit, the city would have to Issue one, and would then become a
third party between two property owners concerning the driveway. There Is a strong potential for dispute
between two property owners, and It could and should be resolved at the time the lots are split. The same
applies to the utilities. Colbert felt the City should protect future property owners by creating lots free of
encumbrances. There may be some ways to do this In conjunction with the building permit, but then the
city still becomes a party to the future of these lots. It could create problems based on false expectations.
Community Development Director Reichert noted that Mr. Broman wants to get the value out of his
property by splitting his lots, but he Isn't really creating a fully buildable lot If there Isn't a driveway or utilities
to the property. She understands Mr. Broman's position, and that is why she proposed the two options.
The City Is trying to accommodate his need for flexibility In the future. Mayor Egan asked whether these
options would work for him. Mr. Broman responded that he needs to have the final plat and would be
willing to put any covenants on this property the City feels Is necessary, but felt the outlot scenario wouldn't
work either. Councilmember Awada stated that It is not a saleable lot without sewer and water. Mr. Broman
responded that It would be if the condition were put on the building permit. It would reduce the value of
the property, but would be less than what It would cost to tear up the street if It Isn't needed. Discussion
followed concerning placing a condition on the building permit.
Public Works Director Colbert noted that another solution would be to petition the city to install
public utilities, and the city could then assess the property and spread the cost. He would then have a
buildable lot. Community Development Director Reichert added that he could final plat in stages. Mr.
Broman stated he doesn't think that will solve his problem. Councilmember Hunter stated that Mr. Broman
wants the Council to approve the final plat with unbuildable lots, and he is not willing to do that.
Councilmember Awada concurred. Councilmember Wachter stated he thinks the best approach is to have
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two lots and Mr. Broman needs to decide whether he will sell the third lot or not. Hunter moved, Masin
seconded a motion to approve the preliminary plat of Broman Addition, subject to the following conditions:
1) The standard conditions of plat approval Al, B1, B3, C1, C2, El, F1, G1 and H1, as adopted
by Council action on February 3, 1993.
2) A water quality cash dedication.
3) A cash parks dedication and a cash trails dedication.
4) Individual tree preservation plans are required at the building permit time for Lots 1 and 3.
5) Architectural designs and construction methods for new construction within the development
shall Incorporate sound attenuation standards sufficient to achieve an Interior sound level of
45 DBA.
6) A notice shall be recorded on each lot indicating that it is within Metropolitan Council Noise
Zone IV.
7) The developer shall provide sanitary sewer and water services to proposed Lot 3.
8) The final plat shall dedicate the easterly 30 feet of Lot 3 as public street right-of-way.
9) The existing driveway that serves the existing house on Lot 2 shall be reconstructed to be
located entirely on Lot 2.
Aye: 5 Nay: 0
REZONING/PRELIMINARY PLAT/TRAILS END
Mayor Egan introduced this item as a rezoning for Trails End/Thomas Murray, consisting of 5 acres
from A (Agricultural) to R-1 (Single Family) located In the Northeast Quarter of Section 14 and a preliminary
plat consisting of 5 acres and 12 single family lots on part of Lot 2, Wescott Garden Lots (PID #10-83700-
011-02) located in the Northeast Quarter of Section 14.
Administrator Hedges noted that this was considered by the Advisory Planning Commission on June
28, and a public hearing was conducted. They recommend approval of the rezoning, and also the
preliminary plat, subject to conditions. Community Development Director Reichert explained that this
property is located south of Yankee Doodle Road, south of the Wescott Square Apartments. The plat is a
cul-de-sac with 12 single family lots. The question arises as to how this overall area will develop. This is
a rezoning to single family which Is consistent with the Comprehensive Plan. The Planning Commission did
recommend approval with four conditions. Awada moved, Hunter seconded, a motion to approve the
rezoning. Aye: 5 Nay: 0. Awada moved, Hunter seconded a motion to approve the preliminary plat,
subject to the following conditions:
1) The developer shag complete with standard conditions of plat approval Al, B1, C1, C2, C3, C4,
D1, E1, F1, Gi and H1, as adopted by Council action on February 2, 1993.
2) The developer shall be responsible for abandoning any existing wells and septic systems
located on the site according to county requirements upon the completion of the extension of
sanitary sewer and water main to the development and connection thereto.
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3) The existing house on Lot 9 shall connect to City sanitary sewer and water service within two
months after the completion of the extension of sanitary sewer and water main to the
development.
4) The developer will be responsible for removing the existing gravel driveway along the south
property line.
Aye: 5 Nay: 0
REZONING/PRELIMINARY PLAT/VERDANT ACRES
Mayor Egan introduced this item as a rezoning for Verdant Acres/John H. B. Martin and Assoc., of
4.9 acres from A (Agricultural) to R-1 (Single Family) on part of Lot 3, Wescott Garden Lots (PID #10-83700-
041-03) located in the Northeast Quarter of Section 14 and a preliminary plat consisting of 4.9 acres and
6 single family lots on part of Lot 3, Wescott Garden Lots (PID #10-83700-041-03) located In the Northeast
Quarter of Section 14.
Administrator Hedges stated that the Advisory Planning Commission conducted a public hearing
on this at their June 28, 1994 meeting, and recommend approval of both the rezoning and preliminary plat.
There are three conditions, one of which Is revised, and two that are new. Community Development Director
Reichert Indicated that this is just south of the previous plat, noting that this Is some of the oldest area of
Eagan. This is proposed to be developed in two phases. The first phase will be a temporary cul-de-sac for
6 lots. There are two existing homes on the property. One of the homes gets their electric service from the
other, so one of the conditions Is that all of these lots be given their own electric service. They are asking
that the water main be extended to the eastern property line, so that as the adjacent property develops,
there will be utilities available. Public Works Director Colbert added that they are trying to bring across a
16 Inch trunk water main coming from both directions to interconnect them development by development.
Community Development Director Reichert stated this rezoning Is consistent with the Comprehensive Plan,
and the plat, with conditions, will meet all code requirements. They recommend approval.
Roger Anderson, of Roger Anderson Associates, questioned whether the utilities should be extended
at this time. The grades in that area are difficult from an engineering standpoint. There Is a cliff on the west
end of the property that is very steep. It Is not the Greenes' intention to split the remaining property in the
near future, and is requesting that the extension of utilities proceed logically. He just put a lot of money into
private utilities. He understood that for any parcels larger than an acre, there Is no requirement that they
Immediately connect to utilities. The remaining parcels will be substantially larger than an acre and have
private utilities. A lot of grading will be required for the extension of the road. He feels there is another
location that would be more logical for the extension of trunk water line. Public Works Director Colbert
responded that he is concerned about not connecting water main through this property. Future
development In the area will necessitate water main in the future. If the water main Is delayed, the families
that build there will again be disturbed after they already gone through the installation of streets and utilities,
and home construction. He feels the water main should be part of the first phase of this development. He
also encourages the elimination of septic system. After some discussion concerning sewer service to the
property, Hunter moved, Awada seconded a motion to approve the rezoning. Aye: 5 Nay: 0
Hunter moved, Awada seconded a motion to approve the rezoning of 4.9 acres from Agricultural
to R-1 (single family) for John Martin & Associates. Aye: 5 Nay: 0
Hunter moved, Awada seconded a motion to approve the preliminary plat consisting of 6 single
family lots on part on Lot 3. Wescott Garden Lots subject to the following:
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1. The developer shall comply with standard conditions of plat approval Al, B1, B4, C1, C2, C3,
C4, D1, El, F1, G1 and H1, as adopted by Council action on February 2, 1993:
2. The utility layout plan shall include sanitary sewer and watermain service stub and electrical
service connections to the existing houses and the developer shall connect to electric services
within two months after completion of the utility extensions.
3. This development shall extend the 16' trunk water main from Woodland Court to the west end
of the cul-de-sac.
4. Vacation of the excess right-of-way for Trails End Road Is required prior to final plat approval.
5. A permanent utility and temporary construction easement Is required for future westerly
extension of a 16' trunk water main to the westerly property line of the proposed development.
6. The developer shall comply with the City's standards for mitigation of significant woodland
removal by planting 39 Category B trees, including one-half inch diameter deciduous trees or
6-foot conifer trees.
7. Separate electrical services shall be provided to each existing and future home.
Aye: 5 Nay: 0
ADDITIONAL ITEMS
There were no items to be addressed by the City Council under this section.
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
Councilmember Hunter noted that the Dakota County League of Governments has staff available
to help research Issues that may otherwise not be able to be done with current City staffing.
ADMINISTRATIVE AGENDA
There were no Items to be addressed by the City Council under this section.
VISITORS TO BE HEARD
There was no one in the audience who wished to address the City Council under this section.
ROUND TABLE
Community Development Director Reichert asked for clarification of dates for upcoming special City
Council meetings. Hunter moved, Awada seconded a motion to schedule special City Council meetings for
July 21, 1994 and August 2, 1994 at 5:00 p.m. Aye: 5 Nay: 0
Director Colbert commented that City employees took a great deal of pride In helping residents
following the storm damage earlier In the day. He noted that the employees had gone an extra step In
making sure everyone that needed help was getting it and wanted to thank all the departments involved for
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021.
their efforts In helping Eagan's residents. Mayor Egan commented that few people are prepared to handle
such an emergency and he was pleased to see the manner in which City employees had handled it.
Administrator Hedges reminded the Council that an executive session should be scheduled following
the meeting. Wachter moved, Masin seconded a motion to schedule an executive session immediately
following the Council meeting. Aye: 5 Nay 0
Counclimember Wachter asked staff for updates on several items he has questioned In the past
Including 1) questions on massage parlors, 2) update from Gene VanOverbeke on Green Acres, 3) the
possibility of the City selling their own bonds, 4) viability of using fiberglass signs, 5) questions regarding
work boots that had been purchased, 6) possibility of having Eagan mail stamped with an 'Eagan' postmark
rather than St. Paul postmark, 7) liability Issues within City parks and, 8) status of pledges for the Civic
Arena. Administrator Hedges responded that he would have staff look Into these Issues and provide
feedback to Councilmember Wachter.
Mayor Egan stated he had received a letter from Commissioner Charles Williams of the Minnesota
Pollution Control Agency who is looking for an Eagan representative to serve on a committee that will design
and review the research activities to determine whether Koch's refinery poses a health risk to the
neighboring community. The letter stated that this health risk assessment Is a term of Koch's permit with
the MPCA. The meetings, Mayor Egan continued, will be held approximately once a month for about two
hours with an anticipated time commitment of 12-18 months. Councilmembers Awada and Wachter
indicated their interest in participating.
Egan moved, Masin seconded a motion to appoint Councilmember Awada as a regular
representative of the City of Eagan to the MPCA committee to design and review research activities to
determine whether Koch's refinery poses a health risk to the neighboring community. Councilmember
Wachter was appointed as an alternate and Administrator Hedges was empowered to appoint a staff
alternate in the event a Councilmember could not attend. Aye: 5 Nay: 0
Mayor Egan added that James Roberts of Crate Prospects had approached all Councilmembers
relative to the second access to his property during the Lexington/Lone Oak street improvement project.
Although the Mayor empathized with Mr. Roberts, he didn't know what more the City could do relative to
this Issue. It appeared that the access is an Issue between Mr. Roberts and the County. Councilmember
Masin explained she had visited with Mr. Roberts and felt that his expectation of the City was for support
only. Masin also noted that Mr. Roberts did express some concern with the amount of land that was taken
for this project. Director Colbert clarified that no land had been taken; rather it was dedicated prior to Mr.
Robert's ownership of the land.
Councilmember Masin stated she had attended a conference on toll roads which she found very
interesting and would share information with the Council.
Masin also expressed some concerns for the families of the carnival operators who were set up for
the July 4th celebration and who, during the recent storm, were not made aware of where they could go
for protection. Councilmember Masin suggested designating an emergency location for groups that are
in the City for a short period of time who may need to find a safe place during dangerous weather situations.
Councilmember Hunter asked if Administrator Hedges had heard anything further from Minnesota
Technologies as he had not been contacted by them. Hedges stated he had not heard anything recently
and would follow up.
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CHECKUST
Wachter moved, Egan seconded a motion to approve the checklist dated June 30,1994 in the
amount of $1,971,990.99. Aye: 5 Nay: 0
ADJOURNMENT
With no further business to conduct, the City Council meeting was adjourned to executive session
at 10:30 p.m.
DLP
July 5, 1994
Date City Clerk
ff 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).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, marital status or status with regard to public assistance.
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