06/06/1989 - City Council Regular
Page 19/EAGAN CITY COUNCIL MEETING MINUTES
June 6. 1989
speed was not the only factor and that other factors must also be
evaluated. Councilmember Gustafson felt that 30 mph may be too fast
in some areas but pointed out that state statute allows 30 mph as a
minimum. Mayor Ellison stated that a stop sign would not make the
area safer. He supported increased police patrol. Councilmember
McCrea questioned if traffic speeds were measured too low. City
Administrator Tom Hedges recommended the use of unmarked cars.
Egan moved, Wachter seconded, the motion to deny the
installation of a stop sign on Pin Oak Drive at its intersection with
Oak Way, and to request a two day speed survey in an unmarked car at
the intersection. If the study reveals variances to a significant
degree, the matter would again be reviewed by the Council, said
report results to be sent to Steve Hargews. All voted in favor.
LOW INCOME HOUSING TAX CREDIT/CHATEAU REVIERA/WESCOTT HILLS
Egan moved, Wachter seconded, the motion to approve a low income
tax credit for the remodeling of the Chateau Reviera Apartments. All
voted in favor.
McCrea moved, Gustafson seconded, the motion to approve a low
income tax credit for the Wescott Hills Phase II project. All voted
in favor.
CARRIAGE HILLS GOLF COURSE
City Administrator Tom Hedges updated the Council regarding the
matter. Councilmember Egan felt the City could participate
financially in revising the score cards up to $500. Mayor Ellison
felt City participation was not necessary and recommended no
participation by the City.
JOHNNY CAKE RIDGE ROAD EXTENSION/TRAILWAYS
City Administrator Tom Hedges updated the Council regarding the
status of the tree relocation and the trailway construction for
Project 524.
N.O.I.S.E. CONFERENCE SPONSORSHIP
Councilmember Egan stated he felt the improvement to the quality
of life was worth many times more than the $500 contribution.
Egan moved, Gustafson seconded, the motion to approve a $500
financial commitment as a local sponsor for the National N. O. I. S. E.
Conference that is scheduled in the Twin Cities for July 11 through
the 14th, 1989. All voted in favor.
Page 20/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
VISITORS/DICK KENNEALLY
Dick Kenneally informed the Council he owned eight acres which
is designated Roadside Business. He stated he gave the City of Eagan
a utility easement and that now the City wants 5 acres for a pond. He
stated he can not get an answer from the City and that he has lost a
sale of the property.
Mayor Ellison asked if the City could make a commitment as to
how much land was needed. Public Works Director Tom Colbert stated
staff had responded to Mr. Kenneally's attorney. He further stated
that Peace Reform Church will dedicate some ponding upstream and that
the amount needed from Mr. Kenneally would be determined on an
application basis. Mr. Kenneally referenced a letter and stated that
the present information was not helpful. Mr. Colbert stated that 13.8
acres storage feet was required. Councilmember McCrea requested staff
'research the matter and reach some type of resolution. Mr. Kenneally
stated he felt he should not have to donate 13.6 acre feet to the
City. Councilmember Gustafson suggested selling the property with
conditions as to the ponding. There was much discussion regarding the
ponding requirement.
Councilmember Egan asked if Mr. Kenneally would be reimbursed
for the excess acreage. City Attorney Jim Sheldon stated it had been
an issue and that there was not a definite answer at this time. Mr.
Colbert stated the issue is one of compensation. Councilmember Egan
stated the matter should be explained on the staff level.
Ray Connelly explained Mr. Kenneally's position and asked if the
City was taking his property. Mr. Egan explained to the owner the
process of the easement location and the acquisition.
SPACE NEEDS ANALYSIS
City Administrator Tom Hedges stated that the space needs
analysis was set for a meeting for June 16, 1989.
NATIONAL MINERAL CORPORATION/PROJECT 573
Public Works Director Tom Colbert recommended the Council
receive the petition and authorize a feasibility report for a storm
sewer for National Mineral Corporation.
Egan moved, Wachter seconded, the motion to accept a petition
for storm sewer for National Mineral Corporation (Project 573) and
authorize a feasibility report. All voted in favor.
Page 21/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
BLACKBAWK ROAD/PROJECT 488/STREETS
Public Works Director Tom Colbert requested the Council receive
the final assessment roll for Project 488 and schedule a public
hearing for July 5r 1989.
Wachter moved, Gustafson seconded, the motion to approve the
final assessment roll for Project 488 (Blackhawk Road - Streets) and
schedule a final assessment public hearing for July 5, 1989. All
voted in favor.
BUR OAK HILLS
Public Works Director Tom Colbert informed the Council that two
landowners requested access onto the street. He requested Council
direction. Councilmember Gustafson asked if this differed from the Al
Herrmann agreement. Mr. Colbert responded no.
Councilmember Wachter suggested leaving it lie. Councilmember
Egan stated it should be barricaded. Councilmember Wachter felt the
County should assume some responsibility for the tree removal and
that some agreement should be worked out. Mr. Hedges stated staff was
working on the matter.
Councilmember Gustafson felt there was a need for creativity on
the traffic problems.
Mayor Ellison commented that the neighbors object to all the
left turn arrows versus the free left turns. Mr. Colbert stated it is
a continuous refinement.
McCrea stated there was a potential garbage house.
CHECKLISTS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated May 31, 1989, in the amount of $2,604,045.91 and the
checklist dated June 6, 1989, in the amount of $274,690.06. All voted
in favor.
ADJOURNMENT
The meeting was adjourned to executive session at 12:05 a.m.
CITY OF EAGAN
R
E. Vanoverbeke, City Clerk
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
June 6, 1989
A regular meeting of the Eagan City Council was held on Tuesday,
June 6, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and
McCrea. Also present were City Administrator Tom Hedges, Public Works
Director Tom Colbert, Community Development Director Dale Runkle,
City Planner Jim Sturm and City Attorney James Sheldon.
AGENDA
City Administrator Tom Hedges informed the Council that an
executive session would be held at the end of the meeting to discuss
personnel related items and litigation matters.
McCrea moved, Egan seconded, the motion to approve the agenda as
presented. All voted in favor.
MINUTES
May 15, 1989. Councilmember Gustafson requested an addition on
page 3, paragraph 2, the third line should read "Be remarked he was
willing to donate gash to the City to allow for the backing up of the
trucks." He also requested an addition on page 11, the tenth
condition regarding the Phillips 66 Addition should read:
"10. The exterior of the building shall be constructed of stone
91 brick material compatible with the existing medical clinic."
McCrea moved, Egan seconded, the motion to approve the minutes
for the May 15 , 1989, regular Council meeting as amended. All votea
in favor.
FIRE DEPARTMENT/STATION NO. 5
Councilmember McCrea asked if the garage doors on Fire Station
No. 5 would be painted. Chief Southorn replied it would depend upon
the budget.
DEPARTMENT BEAD BUSINESS
Councilmember Egan had a concern regarding a car parked in a
residential area (Egan Avenue on Lone Oak). Police Chief Geagan
stated the Police Department would take care of the matter.
Page 2/EAGAN CITY COUNCIL MEETING MINUTES "J
June 6, 1989
City Administrator Tom Hedges informed the Council that the
annual auction had been held on Saturday, June 3, 1989, and that
receipts totaled $1,413.00. He further stated that staff had done an
excellent job.
Councilmember Egan questioned if there was any change in the
police recommendation regarding the stop sign question at Pin Oak.
Police Chief Geagan replied no.
CONSENT AGENDA
A. Personnel Items.
1. Engineering Aide.
It was recommended to approve the hiring of Dale Ronning as
Engineering Aide, subject to successful completion of the City's
,physical examination requirements.
2. Engineering Tech.
It was recommended to approve the hiring of an Engineering Tech,
subject to successful completion of the City's physical examination
requirements and approval by the City Administrator.
3. Utility Billing Clerk.
It was recommended to approve the hiring of Diane Downs as
Utility Billing Clerk.
4. Utility Billing Clerk/Typist.
It was recommended to approve the reclassification of the
utility billing clerk/typist from three-fourths to full time and from
clerical level 4 to clerical level 3 and to approve the advertisement
for the vacant position.
5. Seasonal Park Maintenance Worker (Informational).
The City Administrator approved the hiring of Paul Kivi, who
began work on May 31, 1989, as a seasonal park maintenance worker.
6. Seasonal Recreational Program Leaders/Assistants.
It was recommended to approve the hiring of the summer seasonal
recreation program leaders and assistants as presented.
B. Plumbers Licenses.
It was recommended to approve the seven plumbing licenses as
presented.
Page 3/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989~~
C. License. Cigarettes/Gateway Foods for Brooks Superette.
It was recommended to approve a cigarette license for the Brooks
Food Market located at the intersection of Coachman Road and Yankee
Doodle Drive.
D. License for Refuse/Recycling Hauler/Ken Oehrlein Sanitation.
It was recommended to approve the refuse/recycling license for
Ken Oehrlein under the business name of Ken Oehrlein Sanitation.
E. License for Temporary Gambling/Valley Viewers 4-H Club During
the 4th of July Celebration. June 30 through July 4, 1989.
It was recommended to approve a bingo license application for
the Valley Viewers 4-H Club to be used at the 4th of July celebration
,,on June 30 through July 4, 1989 and, further, approve a waiver of the
30-day waiting period from the Minnesota Charitable Gambling Control
Board.
F. Street Name Change from Circulation Drive to Plaza Drive in
Galaxie Cliff Plaza.
It was recommended to approve a name change from Circulation
Drive to Plaza Drive in Galaxie Cliff Plaza.
G. Waiver of Plat, Duplex Lot Split/James and Alyce Benson, Lot
3. Block 3. ChesMar 1st Addition.
It was recommended to approve a waiver of plat for a duplex lot
split for James and Alyce Benson on Lot 3, Block 3, ChesMar 1st
Addition. R-89.26
H. Amendment. Contracts Between City of Eagan and Recycle
Minnesota Resources (Recycling Redemption Center).
It was recommended to approve the amendment to the City/RMR
contract concerning the Recyclable Redemption Center at 1971 Seneca
Road.
I. Agreement. Cedarvale/City of Eagan MTC Park and Ride Site.
It was recommended to continue to the July 5, 1989, City Council
meeting any further consideration of an agreement between Cedarvale
Shopping Center and the City of Eagan that addresses the MTC lot at
Cedarvale Shopping Center.
Page 4/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
J. Final Plat Approval for Cutters Ridge 3rd Addition.
It was recommended to approve the final plat for Cutters Ridge
3rd Addition and authorize the Mayor and City Clerk to execute all
related documents.
R-89.27
K. Final Plat Approval for Eagan Center 3rd Addition.
Councilmember Gustafson questioned if the guarantee was in
place. He was informed the guarantee was in place.
It was recommended to approve the final plat for Eagan Center
3rd Addition and authorize the Mayor and City Clerk to executed all
related documents. R-89.28
L. Final Plat Approval for Rasmussen College Campus.
It was recommended to approve the final plat for the Rasmussen
College Campus and authorize the Mayor and City Clerk to execute all
related documents. R-89.29
M. Receive Bids/Award Contract for Monthly Building Cleaning and
Maintenance Services.
Councilmember Gustafson informed the Council that he would
abstain from any vote regarding the matter.
It was recommended to approve the successful bidder for
providing contractual cleaning services for the Municipal Center
building as recommended.
N. Receive Bids/Award Contract for Emergency Stana-by Generator.
It was recommended to approve the low bid of Bill Richmond
Electric in the amount of $54,759.00 for a 150 KW Stand-by Generator
with the understanding that a budget adjustment will be made
authorizing the expenditure from the City's general fund balance.
0. Rejuest to Discontinue Participation in Minnesota Police
Recruitment System.
It was recommended to authorize discontinuing membership in the
Minnesota Police Recruitment System.
P. Contribution for Eagan Fourth of July Celebration.
Councilmember Gustafson asked what amount the City would be
contributing towards the Fourth of July celebration. City
Administrator Tom Hedges stated that the necessary information had
not been compiled and suggested continuing the matter to the June 20,
1989, City Council meeting. Mayor Ellison recommended approving the
Page 5/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
$1,000.00 contribution and if necessary, changing the amount at a
later meeting. Councilmember Wachter suggested contributing
$1,500.00. Councilmember McCrea questioned the relative expenses and
remarked that the City gives other contributions by way of numerous
services to the effort other than cash. Mayor Ellison stated he
favored a motion to contribute $1,500.00.
Wachter moved, Egan seconded, the motion to add $500.00 to the
budgeted $1,000.00 contribution to the Fourth of July celebration for
a total contribution of $1,500.00. All voted in favor.
Q. Project 564. Receive Report/Order Public Hearing (Rahn Cliff
2nd Addition - Streets and Utilities) .
It was recommended to receive the feasibility report for Project
564 (Rahn Cliff 2nd Addition - Streets and Utilities) and scheaule a
public hearing to be held on Wednesday, July 5th, 1989.
R. Project 569, Receive Report/Order Public Hearing (Armstrong
Business Center - Utilities) .
It was recommended to receive the feasibility report for Project
569 (Armstrong Business Center - Utilities) and schedule a public
hearing to be held on Tuesday, June 20, 1989.
S. Contract 89-15. Approve Plans/Authorize Ad for Bids
(Armstrong Business Center - Utilities).
It was recommended to approve the plans and specifications for
Contract 89-15, (Armstrong Business Center - Utilities) and authorize
the advertisement for bid opening to be held at 10:30 a. m. on Monday,
June 19, 1989.
T. Project 566. Receive Report/Order Public Hearing (Coventry
Pass - Trunk Utilities) .
It was recommended to receive the feasibility report for Project
566 (Coventry Pass - Trunk Utilities) and schedule a public hearing
to be held on Wednesday, July 5, 1989.
U. Project 567. Receive Report Drder Public Hearing (Effress
Addition - Storm Sewer) .
It was recommended to receive the feasibility report for Project
567 (Effress Addition - Storm Sewer) and schedule a public hearing to
be held on Wednesday, July 5, 1989.
Page 6/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989 '
V. Project 572. Authorize Feasibility Report (Lexington Way
-
Street Reconstruction and Trunk Watermain).
It was recommended to authorize the preparation of a feasibility
report for Project 572 (Lexington Way - Street Reconstruction and
Trunk Watermain) .
W. Project 571. Receive Petition/Order Feasibility Report (Cray
Addition - Trunk Storm Sewer).
It was recommended to receive the petition and authorize the
preparation of a feasibility report for Project 571 (Cray Addition -
Trunk Storm Sewer).
X. Vacate Utility Easements. Receive Petition/Order Public
Hearing (Kingswood lst Addition).
It was recommended to receive the petition to vacate utility
easements (Kingswood 1st Addition) and order a public hearing to be
held on Wednesday, July 5, 1989.
Y. Contract 89-14. Receive Bids/Award Contract (Water Treatment
Plant - Dehumidification).
It was recommended to authorize the readvertisement of bids for
Contract 89-14 (Water Treatment Plant - Dehumidification) with a bid
opening scheduled for 11:00 a.m., Monday, June 19, 1989.
Z. Vehicle No. 140. Receive Bids/Authorize Purchase (Public
Works Maintenance - Skid Steer Loader).
Councilmember Wachter questioned the bid amount. Jim Spokes
(Tri-State Bobcat) stated his company was the low bidder regarding
the item and requested an explanation. Superintendent of
Streets/Equipment Arnie Erhart replied that upon review of the
specifications, Tri-State Bobcat bid did not meet the specifications.
Mr. Colbert explained the bid process.
It was recommended to receive the bids for Vehicle No. 140
(Public Works Maintenance - Skid Steer Loader) and authorize the
purchase from Case Power and Equipment in the amount of $27,895.00.
Al. Vehicle No. 134. Receive Bids/Authorize Purchase (Street
Maintenance - Pavement Grinder)..
Councilmember Wachter asked if the purchase was included in the
budget. Public Works Director Tom Colbert stated the purchase was
included in the budget.
It was recommended to receive the bids for Vehicle No. 134
(Street Maintenance - Pavement Grinder) and authorize the purchase
Page 7/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
from the lowest responsible bidder (MacQueen Equipment) in the amount
of $29,975.00.
B1. Contract 88-24. Approve Change Order No. 2 (Lexington
Reservoir).
It was recommended to approve Change Order No. 2 to Contract
88-24 (Lexington Reservoir) and authorize the Mayor and City Clerk to
execute all related documents.
Cl. Project 543R. Revise Pending Assessment Roll (Skyline
Road/Sibley Hills Drive - Streets and Utilities).
Councilmember Egan informed the Council that there were audience
members who wished to address the matter. Mr. Vimmer requested an
update. Public Works Director Tom Colbert recapped the history of the
project and the assessments. He stated that certain properties would
be deleted. Mr. Vimmer asked for the time frame. Mr. Colbert stated
it would be based on the actual unit bids.
It was recommended to revise the pending assessment roll for
Project 543R (Skyline Road/Sibley Hills Drive - Streets and
Utilities) by deleting Lots 12, 131, 14, 150 and 151 of Zehnders
Acres.
Dl. Final Plat Approval for Kingswood 2nd Addition.
City Administrator Tom Hedges asked if the lots conformed.
Community Development Director Dale Runkle explained the lot setback
problem. He stated the plan would meet the 85 foot at 50 foot
setbacks. He informed the Council that the owner had executed an
agreement that it would sign the plat. Rollie Crawford confirmed that
the owner would sign the plat.
It was recommended to approve the final plat for Kingswood 2nd
Addition and authorize the Mayor and City Clerk to execute all
related documents. R-89.30
El. Project 524. Approve Resolution Restricting Parking on
Johnny Cake Ridge Road.
It was recommended to approve the resolution restricting parking
on Johnny Cake Ridge Road (Project 524) and authorize the Mayor and
City Clerk to execute said resolution.
Wachter moved, Egan seconded, the motion to approve the
foregoing consent agenda items as presented, and authorize their
implementation. All voted in favor, except Gustafson abstained on
Item M. - Receive Bid/Award Contract, Monthly Building Cleaning and
Maintenance Services.
R-89.31
Page 8/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
VACATE PUBLIC RIGBT-OF-WAY/KINGSWOOD ROAD AND CORONATION ROAD
Public Works Director Tom Colbert introduced the matter to the
Council.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the vacation of public right-of-way (Kingswood
Road and Coronation Road). All voted in favor.
FINAL ASSESSMENT HEARING/MANOR LAKE/PROJECT 520
Public Works Director Tom Colbert presented the final assessment
roll to the Council and outlined the assessments. Mike Fratalo
informed the Council he lives east of Highway 3. He questioned the
assessment calculations and stated his property would not benefit
from the assessments as he was located on a private gravel road. Mr.
,Colbert stated that the assessments were based upon development to
the highest and best use. Councilmember Wachter pointed out that the
trunk lines are over-sized to anticipate aevelopinent. Mr. Fratalo
informed the Council that the land may never develop.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for Project 520 (Manor
Lake - Trunk Utilities) and authorize its certification to the County
for collection. All voted in favor.
STERNS ADDITION/PROJECT 561
City Administrator Tom Hedges introduced the project to the
Council.
Mark Hanson (Bonestroo) presented the feasibility report and
explained the streets, trunk sewer and water installations and the
bituminous trail.
Councilmember Wachter stated he would prefer that the center
median come up to the school entrance. Mr. Hanson stated that the
School District felt it would be more dangerous. Wachter felt it
seemed impractical to not extend the median. Mr. Hanson reiterated
that the School District opposed the median to the entrance. Public
Works Director Tom Colbert stated that the School would object to the
median on its property. Councilmember Gustafson questioned who had
authority on safety issues. Mr. Colbert stated that two streets would
need to be crossed. Councilmember Wachter commented that now was the
time to do the project correctly. Mr. Hanson informed the Council
that the traffic engineer at Bonestroo saw no problems in installing
the median either way. Mr. Colbert stated that alternatives could be
presented at the next meeting.
Page 9/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
Councilmember Wachter questioned dredging black dirt from the
pond. There was further discussion regarding the pond acquisition.
Councilmember Gustafson stated that safety should be the issue
regarding the median.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve Project 561 (Sterns Addition - Streets and
Utilities) and authorize the preparation of detailed plans and
specifications. All voted in favor.
Councilmember Egan requested staff report back to the Council at
its June 20, 1989, meeting regarding the median question.
RTC OPT-OUT
City Administrator Tom Hedges summarized the background on the
:matter.
Mayor Ellison commented that the matter had been dealt with at
numerous sessions over the past five years. He stated that the City
wanted to maximize Eagan's service.
Wachter moves, McCrea seconded, the motion to approve an
agreement that would establish a six city transit authority creating
the necessary joint powers agreement which authorizes the submittal
of a six city replacement service plan to the Regional Transit Board
by June 30, 1989.
DNR PROPOSAL/DEER POPULATION CONTROL
City Administrator Tom Hedges reviewed the matter for the
Council.
John Parker, representing the DNR, summarized the results of the
task force and stated there was disagreement on many issues.
Councilmember Wachter asked for the number of deer related
accidents. Mr. Parker replied he did not know. Councilmember Egan
asked if a uniform concensus could be reached. Mr. Parker replied
that the DNR would come up with a long range plan.
Councilmember Wachter stated that harvesting prevented
starvation and accidents. He asked how other cities differ in the
practice. Mr. Parker explained the methods and there was further
discussion.
Linaa Hatfield (Friends of Animals) distributed a copy of the
archery study. She opposed the bow hunting and presented various
statistics. She stated the deer kill numbers were too high.
Page 10/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
Councilmember Gustafson remarked that the issue was the
reduction in the deer population and not a reduction of accidents.
Councilmember Egan agreed that bow hunting was not as efficient as
slug shot hunting. Councilmember McCrea agreed to the shooting
method. Mr. Parker explained the City of Burnsville shotgun season.
Councilmember McCrea requested an explanation regarding the
liability and seasons. Mr. Sheldon stated there would be no further
City liability. Mr. Parker responded it would be a nine day season.
Richard Laborn (from Burnsville - Minnesota Network for Animal
Concerns) stated the refuge should be a sanctuary and that hunting
did not control the population. He was opposed to all hunting,
especially bow hunting. He felt that non-lethal alternatives should
be used. Be distributed a handout.
Councilmember Gustafson felt it was wrong to prohibit bow
hunting as there were not enough facts.
Egan moved, McCrea seconded, the motion to approve a deer
reduction effort to control population for 1989-1990 as modified to a
shotgun hunt. All voted in favor.
SPECIAL PERMIT/NORTHERN NATURAL GAS COMPANY/STEEL FRAMED BUILDING
City Administrator Tom Hedges described the request for the
Council. Community Development Director Dale Runkle informed the
Council that the City requested higher standards than presented by
the applicant regarding the exterior design.
Dennis Workmeister (Enron Corporation) detailed the meetings and
stated that Enron would provide erosion control. He presented
information on the facility site proposal including photographs and
blueprints. He pointed out that a steel structure already existea in
the neighborhood. He outlined the fencing and landscaping.
Mayor Ellison asked for the location of the pole barn. The
applicant replied it was located on Cliff. Mayor Ellison asked the
applicant why they were unwilling to change the exterior design of
the building. Mr. Workmeister responded that Enron was using its
common building procedures and that the building was good quality and
cost effective.
City Administrator Tom Hedges pointed out that Northwestern Bell
had provided brick buildings and that the City also abided by the
brick and stone standards. He further stated that other utility
companies met City quality standards. Councilmember Wachter asked for
the number of similar structures in Eagan. The applicant responded it
was difficult to know. Mr. Wachter pointed out that other utility
companies did abide by the standards. The applicant stated he could
not speak for other utility companies. Councilmember McCrea stated
Page 11/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
she could not support the exception from the standards. The applicant
stated that brick would be hard to modify if it were necessary.
Councilmember Egan questioned the location and the size
increase. The applicant stated it was located near the gas main and
that the relocation was necessitated by the road improvement. He
further stated that the size was for the service increase.
Councilmember Egan commented that the pictures were not relevant
to the location and felt the building should be modified. The
applicant stated that Enron was located there first and felt it was
proposing a good quality building.
Councilmember Gustafson remarked that durability and quality of
Enron's steel buliding was not a concern. He felt the building did
not look right and requested that the design be revised using some
steel if the applicant desired. The applicant stated he could take
the council recommendations back to Enron. Mayor Ellison pointed out
that the building should be compatible with the surrounding
neighborhood and should not detract from the value of the homes. The
applicant advised that the building was required. Mayor Ellison
reiterated he did not want steel buildings and for Enron to do as
other utility companies had done.
Scott Olson (area resident) reported that the landscaping was
acceptable but that he would prefer brick.
Bill Haigh stated that both Al Herrmann and the gas company were
very helpful and that all erosion requirements were met. He preferred
brick and stated he would cooperate with the gas company.
Al Herrmann pointed out that some of the items from the facility
would not be in an enclosure. He suggested alternatives to brick and
requested the complete facility be enclosed.
Councilmember Gustafson expressed that it was the aesthetics
that were important. Councilmember Egan explained that the buildings
must be compatible with the surrounding neighborhood and that there
was an acceptable middle ground. Mayor Ellison requested Enron work
with City staff to improve the exterior of the building and report
back to the Council. The applicant pointed out that Enron could not
enclose all items because of safety reasons.
Egan moved, Wachter seconded, the motion to continue to the June
20, 1989, City Council meeting, the special permit for Northern
Natural Gas Company to construct a building over an existing meter
and regulator facility on Outlot At Fairway Hills 1st Addition. All
voted in favor.
Page 12/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING
Egan moved, Gustafson seconded, the motion to approve a
continuance of the conditional use permit for Naegele Outdoor
Advertising to the June 20, 1989, City Council meeting.
APPOINTMENT OF CITY INSURANCE REPRESENTATIVE
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Egan informed the Council that the interviews
went well and all three applicants were good. He stated that the
committee recommended First Insurance for the appointment of City
insurance representative. Councilmember McCrea agreed with Egan. She
had some concerns regarding the cost and felt a cost ceiling should
be secured. City Clerk Gene VanOverbeke stated that the other two
bids were on a fee basis while First Insurance had a commission rate.
,He stated that the rates were not known until the renewal date.
Councilmember Egan pointed out that the SOQ allows the City to
negotiate the final terms. He recommended trying to lock in a ceiling
fee. Mr. VanOverbeke agreed and stated that staff should negotiate
before the Council locks in.
Mayor Ellison stated that risk management should be an integral
part of the bid. Mr. VanOverbeke agreed.
City Administrator Tom Hedges recommended continuing the item to
the June 20, 1989, City Council meeting to present the negotiation
results.
Egan moved, McCrea seconded, the motion to continue to the June
20, 1989, City Council meeting, the selection of an insurer
representative to provide the services of an insurance agent/broker
and risk management advisor to the City of Eagan for the next three
years beginning July 1, 1989, to allow for further negotiations. All
voted in favor.
PRELIMINARY PLAT EXTENSION/TOWN CENTRE 100 FIFTH ADDITION
Community Development Director Dale Runkle presented the
background information to the Council.
Dave Sellergren (attorney for the applicant) stated that due to
an oversight, a plat extension was not requested. He informed the
Council that the project was the same as approved one year ago and
that both proposed conditions were acceptable to the applicant. He
requested approval of a one year extension for the preliminary plat.
Mayor Ellison questioned if the building code had changed.
Community Development Director Dale Runkle replied that the condition
was mainly for reference.
Page 13/EAGAN CITY COUNCIL MEETING MINUTES..)
June 6, 1989
Mayor Ellison asked if the City needed to grant the extension.
City Attorney Jim Sheldon stated that the City had the option to
extend or require the developer to go through the process again. He
stated it was within the discretion of the Council.
Councilmember Egan questioned the three-year agreement. Mr.
Sheldon stated it referred to the final plat approval only. Attorney
Sellergren stated he did not want to make a legal issue of the
matter. He pointed out that the site worked better as presented.
Mayor Ellison remarked he would like the new City standards met by
the applicant. Mr. Sellergren pointed out that he did not have
authority to commit the applicant. He pointed out that in this
situation it would be very difficult to meet the new City standards.
He stated that City staff was comfortable with the design.
Councilmember Egan questioned the brick location and pointed out
,,that at the preliminary approval meeting, the Council decided it was
a trade off of larger and better units for detached garages. He felt
the developer was meeting the standards in spirit. Councilmember
McCrea commented that once approval was made, the Council could not
guarantee quality standards. The applicant stated it could become a
part of the development agreement.
McCrea moved, Egan seconded, the motion to approve the extension
of the Town Centre 100 Fifth Addition, Waterford Apartment Project,
without amendment to the Town Centre 100 Fifth Addition preliminary
plat, subject to the following conditions:
1. Landscape irrigation shall be required in all soaded areas.
2. The project will be subject to the requirements of the
Minnesota State Building Code that is being enforced at the time of
the building permit issuance.
3. The development agreement is to include a condition to insure
quality building standards.
4. The developer will waive its rights under any three year
claim under Code 11.20, Subd. 22 and 24.
All voted in favor.
CONDITIONAL USE PERMIT/HAVIER'S RESTAURANT
Community Development Director Dale Runkle introduced the matter
to the Council and stated the Advisory Planning Commission was
recommending approval.
Page 14/EAGAN CITY COUNCIL MEETING MINUTES
June 6r 1989
Gustafson moved, McCrea seconded, the motion to approve the
conditional use permit for Xavier' s Restaurant to allow an on-sale
beer and wine license, subject to the following conditions:
1. The necessary permits are approved by the City Police
Department.
2. All other applicable ordinances are adhered to.
All voted in favor.
XAVIER'S RESTAURANT/LICENSE FOR ON-SALE BEER AND WINE
Wachter moved, Egan seconded, the motion to approve the on-sale
beer and wine license as presented by Xavier's Restaurant at 1260
Town Centre Drive. All voted in favor.
CONDITIONAL USE PERMIT/G. T. MILLER AND R. W. BUNT/ANIMAL CLINIC
Community Development Director Dale Runkle presented the
application for the animal clinic to the Council and informed them
the Advisory Planning Commission was recommending approval.
Councilmember Egan asked if staff had any health concerns
regarding the project. Community Development Director Dale Runkle
responded there were no health concerns regarding the animal clinic.
Councilmember Wachter stated he had concerns regarding the overnight
stays.
Gustafson moved, Egan seconded, the motion to approve a
conditional use permit for G. T. Miller and R. W. Hunt to allow an
animal clinic in a CSC district, located on Lot 2, Block 1, Cliff
Lake Centre Addition, subject to the condition that practice shall be
limited to outpatient treatment only, with no overnight stays
permitted. Gustafson, Ellison, Egan and McCrea voted in favor;
Wachter voted against.
CONDITIONAL USE PERMIT/LONE OAK PLAZA/DAYCARE CENTER
Community Development Director Dale Runkle briefed the Council
regarding the application and stated the Advisory Planning Commission
recommended approval of the application.
City Administrator Tom Hedges referenced a letter from the
developer acknowledging that the location for the daycare center was
in the noise corridor and its willingness to meet the standards.
Mark Ravich (owner of the shopping center) informed the Council
that the parking would be modified for safety reasons.
Page 15/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
Councilmember Egan questioned various elements of the center.
Councilmember McCrea asked if the play area would be removed. The
developer stated it would not be a viable option and the parking
standards were too high. Councilmember McCrea recommended the
elimination of proposed condition number 2. Mr. Runkle stated the
parking was typically adequate. Councilmember Gustafson supported the
removal of the proposed condition.
Administrative Assistant Jon Hohenstein informed the Council
that the noise contours were drawn under a scenario that no longer
existed. He stated it would be hard to measure the exact effect and
felt the daycare was primarily a service and not an educational
facility.
Councilmember McCrea stated the parking lot should be screened
from the play area. The owner felt it was for aesthetic reasons. Mr.
Hohenstein referenced the notices and explained the process. There
was much discussion regarding the decibel levels.
McCrea moved, Egan seconded, the motion to approve a conditional
use permit to allow a daycare center with outside play area in a
Neighborhood Business district located on Lot 1, Block 1, Eagandale
LeMay Lake 3rd Addition, at the southeast corner of Lone Oak Road and
Eagandale Place in the northwest quarter of Section 10, as requested
by Lone Oak Plaza Ltd. Partnership, and make a determination that a
daycare facility is a service facility and not an educational
facility, subject to the following conditions:
1. All City sign ordinances shall be adhered to.
2. A four foot limited visibility chain link fence shall be
installed to completely surround the outdoor play area.
3. To protect the play area, it is required that either concrete
pillars be installed or the parking/drive through plan be revised.
All voted in favor.
WAIVER OF PLAT/RUSSELL GRIMMER
Community Development Director Dale Runkle introduced the
application to the Council.
City Administrator Tom Hedges requested an addition to the
conditions requiring an agreement to prevent tax forfeiture of a
small parcel.
Wachter moved, McCrea seconded, the motion to approve the waiver
of plat for Russell Grimmer to convey a portion of Lot 5, Wilderness
Retreat Addition, to Lot 20, Lakewood Hills Addition, located in the
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
northeast quadrant of Cliff Road and Lakewood Hills Road in the
southeast quarter of Section 26, subject to the following conditions:
1. Both properties owned by the Ruds, Parcels 052-00 and 210-00,
shall be combined into one tax parcel and recorded with the County
within sixty days of City Council action.
2. Parcel B shall be combined with Lot 20 of the Lakewood Hills
Addition and recorded with the County within sixty days of City
Council action.
3. Both parties to execute an agreement to prevent tax
forfeiture of small parcels.
All voted in favor. R-89.32
REZONING/PRELIMINARY PLAT/STONEBRIDGE 2ND ADDITION
Community Development Director Dale Runkle introduced the matter
to the Council and stated that the rezoning and preliminary plat were
recommended for approval by the Advisory Planning Commission.
Wayne Tauer (Pioneer Engineering) informed the Council that the
park location had been revised and an access had been added.
Councilmember Gustafson commented that the southern most stub
had no cul-de-sac. Public Works Director Tom Colbert replied that two
lots could be restricted to the access as a condition. The developer
agreed to the restriction. Councilmember Wachter asked if the trees
were to be replaced. The developer commented there was no plan to
replace the trees. He explained the grading plan and the tree impact.
Egan moved, Gustafson seconded, the motion to approve a rezoning
of 67.7 Planned Development, Agricultural acres to a Planned
Development, Single Family district located south of Northview Park
Road and west of Dodd Road in the southwest quarter of Section 24 as
requested by United Mortgage Corporation for the Stonebridge 2nd
Addition. All voted in favor.
Egan moved, Wachter seconded, the motion to approve a
preliminary plat for Stonebridge 2nd Addition consisting of 121
single family lots located south of Northview Park Road and west of
Dodd Road in the southwest quarter of Section 24 as requested by
United Mortgage Corporation, subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, Bl,
B21 B3 r B4, Cl, C2,, C3 r C5,, Dl? Ell Fl and Gl.
2. There will be no driveway access onto Dodd Road or Northview
Park Road.
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
3. The development will be required to submit a retaining wall
design for staff review and approval prior to final plat approval.
4. The development will be required to designate and provide
emergency overland drainage routes from proposed street low points
and ponding areas.
5. The development will be required to provide a storm sewer
outlet to the southerly boundary of the plat in a location which can
be utilized as the outlet to Pond JP-27.
6. The development will be required to provide 2.8 acre feet of
wet pond volume in Pond JP-53 and an increase of 1.8 acre feet of wet
pond volume in Pond JP-22.
7. A new street entrance to Northview Park Road shall be
constructed approximately 145' east of the existing entrance
constructed as a part of the Northview Park Road improvements,
provided good engineering practices and safety standards can be
adhered to.
8. The lot lines in Block A are to be extended to use up the
proposed park property.
9. Lots 6 and 11, Block 6, shall be restricted from the access
to the stub street.
All voted in favor.
CITY CODE AMENDMENT/LICENSING OF GOLF DRIVING RANGES
City Administrator Tom Hedges introduced the matter to the
Council. He stated the ordinance should be fee imposed.
Egan moved, Wachter seconded, the motion to approve the City
Code amendment to Chapter 6 allowing for the licensing of golf
driving ranges, subject to the insertion of a fee. All voted in
favor.
CITY CODE AMENDMENT/REDEFINITION OF STREET OR HIGHWAY
City Administrator Tom Hedges briefed the Council regarding the
amendment.
Wachter moved, McCrea seconded, the motion to approve the
amendment to City Code Section 7.01 of Chapter 7 which changes the
definition of street or highway. All voted in favor.
Page 18/EAGAN CITY COUNCIL MEETING MINUTES
June 6, 1989
CITY CODE AMENDMENT/CHAPTER 9 REGARDING PARKING OF COMMERCIAL
VEHICLES
City Administrator Tom Hedges summarized the amendment for the
Council. He stated that the Police Chief recommended the reduction in
Subd. 7 from twelve hours to six hours. Councilmember Gustafson had
concerns regarding large recreational vehicles. He supported the
change to six hours.
Mike Casey (Falcon Way) informed the Council his neighborhood
had a problem with a large commercial vehicle.
Egan moved, Gustafson seconded, the motion to approve an
amendment to Chapter 9, Section 9.10, that regulates the parking of
trucks, trailers and commercial vehicles on public streets, subject
to the change in Subd. 7 from twelve hours to six hours. All voted in
favor.
CITY CODE AMENDMENT/REGULATION OF DOGS AND CATS
City Administrator Tom Hedges recommended continuance of the
matter to the June 20, 1989, City Council meeting.
Councilmember Wachter requested changes in the ordinance
regarding four or more dogs without a kennel permit. He requested it
be changed to three dogs. He also requested the issue date be changed
to May 1 and that all tags be issued together.
McCrea moved, Gustafson seconded, the motion to continue to the
June 20, 1989, City Council meeting, an amendment to Chapter 10
regarding dog and cat regulation and dog licensing. All voted in
favor.
STOP SIGN PETITION/PIN OAK DRIVE
Public Works Director Tom Colbert updated the Council on the
background information. Councilmember Wachter stated he understood
the neighbors' concerns.
Steve Hargens informed the Council the problem was real and that
the people were speeding in the area. He felt the police tests were
not accurate. He stated there were many near misses of accidents and
that the neighborhood needed help in this regard.
Mayor Ellison commented that a stop sign was not a good speed
control. He felt it gave children a false sense of security.
Councilmember McCrea had concerns regarding children at play. Public
Works Director Tom Colbert stated that all neighborhoods have
children. He further commented that if children at play signs are
overused, they become meaningless. Councilmember Egan stated that the