07/05/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
July 5, 1989
A regular meeting of the Eagan City Council was held on
Wednesday, July 5, 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, City Planner Jim
Sturm and City Attorney James Sheldon.
AGENDA
There were no additions to the agenda. The following items
were continued: Consent Agenda: Item R. - Project 523, Adjustment
to Final Assessment Obligations (Blackhawk Ponds Addition); Public
Hearing: Item B. - Project 564, Rahncliff 2nd Addition (Streets and
Utilities); and New Business: Item A. - Gambling
Application/Pulltabs, Optimist Club at Richard's Food & Liquor;
Item C. - Preliminary Plat, Stryker Addition/DCR Company; and Item
F. - Dakota County State Bank, Request to Waive Assessments on
Property.
Egan moved, Gustafson seconded, the motion to approve the
agenda as amended. All voted in favor.
MINUTES
June 20, 1989. Councilmember Egan requested a correction to
the motion for Item P. under the Consent Agenda. The motion should
read: "Wachter moved, Egan seconded, the motion to receive the bids
for vehicle number 219 and award to the lowest responsible bidder,
Ruffridge-Johnson Equipment Company and defer payment as late into
the season so part of the cost will carry over into 1990. All voted
in favor."
Mayor Ellison requested the following changes:
Page 3 - second paragraph, the word "solicit" should be
replaced in the motion for the word "advertise".
Page 12, paragraph 3, the second sentence should read: "Mayor
Ellison commented that nobody wanted the trailways in their yard
and that the citizens should not misconstrue the action."
Page 13, paragraph 6, should read: "McCrea moved, Wachter
seconded, the motion to deny the conditional use permit for Naegele
Outdoor Advertising to allow a billboard advertising sign in an LI
Page 2/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
district, for the following reasons: the river valley is the
entrance to the City of Eagan; and the requested sign was too large
for an LI district. All voted in favor."
Councilmember Gustafson requested the following changes:
Page 13, the last paragraph, the word "eight" should be
changed to "eighteen".
Page 5, the second paragraph should read: "It was recommended
to approve the Space Needs Analysis proposal as submitted by BRW
Architects, Inc."
Page 9, the third paragraph should read: "Egan moved,
Gustafson seconded, the motion to close the public hearing and
approve Project 569 (Armstrong Business Center - Utilities) to
include alternative number 2. All voted in favor."
Page 19, the fourth paragraph should read: "Community
Development Director Dale Runkle stated that staff was enforcing
the fence ordinance, the Council requested further review of the
fence ordinance."
Page 13, paragraph 3, the last line should be deleted and
replaced with "The motion was withdrawn."
Councilmember McCrea requested the following corrections:
Page 9, the second to the last paragraph should have the
following addition: "If additional risk management was needed, the
City could enter into a subsequent risk management agreement if
they desire in the future."
Page 12, paragraph 2, the second to the last line should read:
"He recommended expediting the Highline Trail and that Tri-Land
should pay its obligation."
McCrea moved, Egan seconded, the motion to approve the minutes
for the June 20, 1989 regular Council meeting as amended. All voted
in favor.
CASH FOR TRASH/RECYCLING WINNER
City Administrator Tom Hedges introduced the matter to the
Council. John Hohenstein reviewed the City's program. Chris Hagman
made a presentation. Mayor Ellison presented the check with
congratulations to Joan Wickerstrom.
Councilmember Egan questioned if there were any problems or
issues regarding recycling. Mr. Hohenstein stated that the County
will guarantee the market.
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July 5, 1989
DEPARTMENT HEAD BUSINESS
City Administrator Tom Hedges thanked Police Chief Geagan and
the Police Department for doing a fine job over the July 4th
weekend. He stated that the Explorers also did a great job. Police
Chief Geagan remarked that the July 4th festivities were a success.
Councilmember McCrea questioned if there was any progress on
the billiards problem. Police Chief Geagan responded that the
Police Department was monitoring the matter and had increased the
patrol. McCrea stated she felt the businesses should be charged for
excessive calls. Police Chief Geagan replied that the contacts
increased due to off-duty police on the premises. He further stated
it is difficult to collect fines for excessive alarm calls. McCrea
suggested that the businesses that have the problems should have
their permits reviewed. Police Chief Geagan explained that a permit
was not required. Councilmember Egan commented that the real
question was whether the business was paying enough for the
enforcement.
Councilmember McCrea pointed out that one of the local hotels
was advertising therapeutic massage. Police Chief Geagan stated the
Police Department would check on the matter.
Councilmember Wachter requested the removal of the surplus
asphalt on Highline Boulevard, west of Blackhawk.
CONSENT AGENDA
A. Personnel Items.
1. Hearing Conservation Program Agreement.
It was recommended to approve the 1989 Hearing Conservation
Program Agreement with the City of Bloomington.
2. Seasonal Balifield Attendant (Informational).
The Council was informed of the hiring of John McShane as a
seasonal ballfield attendant for the Parks & Recreation Department.
B. Receive Bid/Award Sale, Surplus Former Police Car, 1984
Ford Crown Victoria.
It was recommended to approve the high bid from Suburban Auto
Sales in the amount of $1,476.00 for the sale of the surplus former
police car, 1984 Ford Crown Victoria.
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July 5, 1989
C. License, Off-Sale Non-Intoxicating Malt Liquor for Brooks
Superette at 3390 Coachman Road.
It was recommended to approve the off-sale non-intoxicating
malt liquor license for Brooks Superette at 3390 Coachman Road.
D. Contract 88-35, Approve Change Order No. 1 (Hidden Valley
- Sanitary Sewer).
It was recommended to approve Change Order No. 1 to Contract
88-35 (add $2,250.00) (Hidden Valley - Sanitary Sewer) and
authorize the Mayor and City Clerk to execute all related documents.
E. Contract 86-02, Final Payment/Acceptance (Nicols Road -
Streets).
It was recommended to approve the 9th and final payment for
Contract 86-02 (Nicols Road - Streets) to Bituminous Roadways in
the amount of $17,362.59 and authorize the Mayor and City Clerk to
execute all related documents.
F. Project 428, Approve Resolution/MNDot Cost Participation
Agreement (Cedar Industrial Park - Storm Sewer).
It was recommended to approve a resolution/MNDot Cost
Participation Agreement for Project 428 (Cedar Industrial Park -
Trunk Storm Sewer) and authorize the Mayor and City Clerk to
execute all related documents.
R-89.36
G. Contract 85-Y, Final Acceptance (Sun Cliff 3rd Addition -
Utilities).
It was recommended to accept Contract 85-Y (Sun Cliff 3rd
Addition - Utilities) for perpetual maintenance, subject to
applicable warranty provisions.
H. Contract 86-DD, Final Acceptance (Rahncliff 1st Addition -
Utilities).
It was recommended to accept Contract 86-DD (Rahncliff 1st
Addition - Utilities) for perpetual maintenance, subject to
applicable warranty provisions.
1. Contract 85-P, Final Acceptance (Forest Ridge -
Utilities).
It was recommended to accept Contract 85-P (Forest Ridge -
Utilities) for perpetual maintenance, subject to applicable
warranty provisions.
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July 5, 1989
J. Contract 88-37, Approve Change Order No. 2 (General
Electric Supply Company - Storm Sewer).
It was recommended to approve Change Order No. 2 to Contract
88-37 (add $2,580.00) (General Electric Supply Company - Storm
Sewer) and authorize the Mayor and City Clerk to execute all
related documents.
R. Project 443, Receive Final Assessment Roll/Order Public
Hearing (O'Neil Pond Acquisition).
It was recommended to receive the final assessment roll for
Project 443 (O'Neil Pond Acquisition) and schedule a public hearing
to be held July 18, 1989 at 7:00 p.m.
L. Project 571, Receive Report/Order Public Hearing (Cray
Addition - Storm Sewer).
It was recommended to receive the feasibility report for
Project 571 (Cray Addition - Storm Sewer) and schedule a public
hearing to be held on August 1, 1989 at 7:00 p.m.
M. Project 572, Receive Report/Order Public Hearing
(Lexington Way - Street and Trunk Watermain).
It was recommended to receive the feasibility report for
Project 572 (Lexington Way - Street and Trunk Watermain) and
schedule a public hearing to be held on August 1, 1989 at 7:00 p.m.
N. Contract 88-17, Receive Bids/Award Contract (Cedarvale
Boulevard - Overlay).
Public Works Director Tom Colbert informed the Council that
the bid should be awarded subject to the state aid approval.
It was recommended to receive the bids for Contract 88-17
(Cedarvale Boulevard - Overlay) and award the contract to Midwest
Asphalt, Inc., to include the alternate bid, for a total of
$304,935.80, subject to state aid approval.
0. Approve Gun Club Lake Watershed Management Organization
1990 Budget.
It was recommended to approve the 1990 budget for the Gun Club
Lake Watershed Management Organization.
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July 5, 1989
P. Contract 88-03, Approve Change Order No. 2 (Northview Park
Road - Streets and Utilities).
It was recommended to approve Change Order No. 2 to Contract
88-03 (Northview Park Road - Streets and Utilities) and authorize
the Mayor and City Clerk to execute all related documents.
Q. Contract 89-01, Approve Plans/Authorize Ad for Bids (1989
Seal Coating).
It was recommended to approve the plans and specifications for
Contract 89-01 (1989 Seal Coating) and authorize the advertisement
for a bid opening to be held at 10:00 a.m. on Friday, July 28, 1989.
R. Project 523, Adjustment to Final Assessment Obligations
(Blackhawk Ponds Addition).
It was recommended to continue the adjustment to the final
assessment obligations (Blackhawk Ponds Addition).
S. Vacate Public Right-of-Way, Receive Petition/Order Public
Hearing (Cedarvale Boulevard).
It was recommended to receive a petition to vacate a portion
of Cedarvale Boulevard public right-of-way and schedule a public
hearing to be held on August 1, 1989.
Wachter moved, Gustafson seconded, the motion to approve the
consent agenda items as amended, and authorize their
implementation. All voted in favor.
PROJECT NO. 566/COVENTRY PASS/TRUNK UTILITIES
City Administrator Tom Hedges introduced the matter to the
Council. Jerry Bourdon (Bonestroo) presented the feasibility report
for the improvements. He stated the project should be constructed
in phases and he explained the project cost and assessments.
Councilmember McCrea asked what the outcome would be if the
project were not completed. Mr. Bourdon replied that the developer
has an interest in the completion. Councilmember Egan asked which
phase would benefit Inver Grove Heights. Mr. Bourdon responded that
Inver Grove Heights would pay the connection charge for the
sanitary sewer. He informed the Council that the storm sewer may be
a watershed issue.
Leonard Karen, 4000 Dodd, objected to the assessments. He
requested a deferral until his property was sold. He informed the
Council that the assessments may force him to sell.
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July 5, 1989
Councilmember Egan stated that the City must establish a
benefit to the property. Public Works Director Tom Colbert
explained that a postponement would make the property liable for
future rates. Councilmember Wachter informed Mr. Karen he
sympathized with his concerns as he had a similar experience.
Councilmember McCrea questioned if Mr. Karen had the option to
postpone. Mr. Colbert responded his only options were either Green
Acres or Senior Citizen Deferment. Councilmember Egan had questions
regarding the Green Acres policy. City Attorney Jim Sheldon
explained the benefit of the deferment, the statute and the policy.
Councilmember Gustafson had concerns and stated that ownership
of ten acres in Eagan was not affordable unless you are very well
to do. Mayor Ellison remarked that Green Acres was the answer. City
Attorney Jim Sheldon pointed out that the market value increase was
the standard.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve Project 566 (Coventry Pass - Trunk Utilities)
and authorize the preparation of detailed plans and specifications.
All voted in favor.
Councilmember Wachter stated he did not object to Green Acres
for this parcel.
PROJECT NO. 564/RAHNCLIFF 2ND ADDITION/STREETS AND UTILITIES
McCrea moved, Wachter seconded, the motion to continue the
public hearing for Project No. 564 (Rahncliff 2nd Addition -
Streets and Utilities) to the July 18, 1989 City Council meeting.
All voted in favor.
PROJECT NO. 567/EFFRESS ADDITION/STORM SEWER
City Administrator Tom Hedges updated the Council on the
matter. Jerry Bourdon (Bonestroo) presented the feasibility report
and explained the assessments.
Wachter moved, Egan seconded, the motion to close the public
hearing and approve Project No. 567 (Effress Addition - Storm
Sewer) and authorize the preparation of detailed plans and
specifications. All voted in favor.
Public Works Director Tom Colbert informed the Council that
easements needed to be acquired for a pond.
Egan moved, Wachter seconded, the motion to authorize the pond
acquisition. All voted in favor.
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July 5, 1989
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VACATE UTILITY EASEMENT/KINGSWOOD 1ST ADDITION
City Administrator Tom Hedges provided background information
regarding the matter.
Rollie Crawford (Attorney for developer) informed the Council
that the neighbors had concerns regarding the new easements and
requested further discussion with the staff.
Allan Notvik explained he was attempting to save four oak
trees. He was opposed to the easement as it exceeded the
expectations.
Public Works Director Tom Colbert explained the City easement
policy. Mayor Ellison asked if the City would be removing the
trees. Mr. Colbert responded no, as the trees are very important.
He. stated that the City has worked to save as many trees as
possible. Councilmember Wachter remarked that the City has a good
track record regarding the saving of trees. Councilmember Egan
pointed out that in the past the right-of-way had been reduced by
10 feet. Councilmember McCrea stated that the City would work with
the Notvik family. She stressed that the Council and staff are
sensitive to citizen concerns. Mr. Colbert pointed out that the use
of the easement would be the last resort. Wachter stated that the
use of the easement as a last resort could be put in writing.
McCrea moved, Egan seconded, the motion to close the public
hearing and approve the vacation of all drainage and utility
easements within the Kingswood 1st Addition and authorize the Mayor
and City Clerk to execute all related documents, subject to the
recording of the Kingswood 2nd Addition final plat. All voted in
favor.
PROJECT NO. 488/FINAL ASSESSMENT HEARING/BLACKHAWK ROAD
Public Works Director Tom Colbert summarized the application
and the background regarding the matter.
Sharon Hanson, 4105 Blackhawk, referenced her letter to the
City of Eagan dated June 22, 1989. She stated the preliminary
assessment roll was incorrect and had concerns regarding the
crosswalk. She further had concerns regarding speeding. Public
Works Director Tom Colbert pointed out that only two parcels
qualified for the assessment policy credit. He stated staff is
investigating the crosswalk location.
Councilmember Egan asked why there were increased costs.
Colbert stated there were increases in the costs because of
easement acquisitions and that the Blackhawk Plaza access required
changes.
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July 5, 1989
Councilmember Wachter questioned the location for the children
to cross. Mayor Ellison requested the Police Department check the
area.
Hugh Stewart, 4106 Blackhawk, had concerns regarding the
trees. Public Works Director Tom Colbert stated that the City
agreed to relocate the trees but did not guarantee their survival.
Mr. Stewart pointed out that the trees were never planted correctly
and requested a deferment. Mr. Colbert stated that Mr. Stewart
qualified under Policy 86-3 but that the City required a signed
agreement.
Councilmember Wachter remarked that when trees are moved, the
City Forester should instruct the people on the proper care for the
trees.
Councilmember Egan pointed out that this project had bad luck
from the start as it was a difficult plan.
Public Works Director Tom Colbert informed the Council that
the other property owner qualifying for Policy 86-3 had not
responded. Mayor Ellison informed staff to notify the property
owner again and give him a week to respond in writing.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and approve the final assessment roll for Project
488 (Blackhawk Road - Streets and Storm Sewer) and authorize its
certification to the County. All voted in favor.
TRAILER PERMIT RENEWALS/1989
City Administrator Tom Hedges presented the background
information and an update to the Council.
Marvin Fritz informed the Council he obtained a permit in the
early 1980s and was attempting to build a home by fall or early
spring.
Councilmember Wachter pointed out that the City had to adopt a
policy.
Egan moved, Wachter seconded, the motion to approve a one-year
non-renewable trailer permit for the Marvin Fritz mobile home
located at 4580 East Greenleaf Drive. All voted in favor.
McCrea moved, Wachter seconded, the motion to approve the
trailer permit renewal for the Lyle Schultz mobile home located at
1315 Carriage Hills Drive, subject to the condition that the mobile
home may only be occupied by Elizabeth Schultz. All voted in favor.
Page 10/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
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Councilmember McCrea stated that the Horne trailer had been
painted. Mayor Ellison stated he felt it was time for the trailer
to be moved as it was being used for storage. Councilmember Egan
agreed and pointed out that the intent was originally for
undeveloped land and that the use was no longer compatible. McCrea
questioned if a denial by the Council would violate any previous
Council or staff action. Jeff Weldon responded no. Councilmember
Gustafson stated the motion should include a period of time.
Gustafson moved, Egan seconded, the motion to approve a
non-renewable trailer permit to expire October 31, 1989, for Jim
Horne at 3850 Coronation Drive. All voted in favor.
Egan moved, Gustafson seconded, the motion to approve the
trailer permit renewals for Tripp Oil Company, 3085 Highway 13;
American Homes, 3660 Dodd Road; Earl Marotzke, 535 Gun Club Road;
and Edmund Schwanz, 810 Yankee Doodle Road. All voted in favor.
MTC PARK AND RIDE SITE/CONSIDERATION OF AGREEMENT
City Administrator Tom Hedges introduced the matter to the
Council. Mayor Ellison pointed out that Mr. Brown should review the
document and have a say in its execution. City Administrator Tom
Hedges stated that the proposed action was to authorize the
submission of the agreement to Cedarvale Shopping Center for its
review and execution.
Gustafson moved, Wachter seconded, the motion to approve the
Cedarvale Boulevard Vacation/MTC Park and Ride Site Agreement and
require Cedarvale Shopping Center's review and execution prior to
the public hearing for the vacation of Cedarvale Boulevard
right-of-way. All voted in favor.
JOINT AMBULANCE SERVICE AGREEMENT
City Administrator Tom Hedges presented the matter to the
Council. Councilmember McCrea asked for the average response time.
Mr. Hedges stated he was unsure but would check into the matter.
Mayor Ellison stated the response time was between two to four
minutes. Councilmember Wachter remarked that he felt 15 minutes was
a long time. He further questioned if the agreements were identical
between the cities. Mr. Hedges responded yes. Councilmember
Gustafson stated he felt it was a good agreement.
Gustafson moved, Wachter seconded, the motion to approve the
execution of the Ambulance Service Agreement commencing January 1,
1989 through December 31, 1992. All voted in favor.
Page it/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
GAMBLING APPLICATION/PULL TABS FOR OPTIMIST CLUB/
RICHARDS FOOD & LIQUOR
Gustafson moved, Egan seconded, the motion to continue the
gambling application for the Optimist Club for pull tabs at
Richards Food & Liquor to the July 18, 1989 City Council meeting.
All voted in favor.
VARIANCE/DALE WAGNILD
City Planner Jim Sturm presented the application to the
Council and stated that the Advisory Planning Commission is not
required to review a variance request. He stated the hardship was
the grade differential and pointed out that the variance was
previously approved in 1984 but that the time limitation had
lapsed. Mr. Wagnild was available at the meeting for questions.
Egan moved, Gustafson seconded, the motion to approve the
variance for Dale Wagnild at 1700 Deerwood Drive for a ten-foot
from the required forty foot front yard setback for the purpose of
constructing a new garage off of the front of an existing home. All
voted in favor.
PRELIMINARY PLAT/STRYKER ADDITION
McCrea moved, Wachter seconded, the motion to continue a
preliminary plat entitled Stryker Addition consisting of two lots
on 3.88 CSC zoned acres at the request of DCR Company, to the
August 1, 1989, City Council meeting. All voted in favor.
COMPREHENSIVE GUIDE PLAN/PD AMENDMENT
AND PRELIMINARY PLAT/DUCKWOOD CROSSINGS
City Administrator Tom Hedges introduced the matter to the
Council. City Planner Jim Sturm presented the staff report. He
stated it was a good landscape plan and explained the variance
request. He referenced the Advisory Planning Commission condition
changes to number 5, 6 and 16. He pointed out that the canopy and
the roof of the Holiday Store should be the same color.
Councilmember Gustafson pointed out that page 118D of the
Council packet was missing.
Ray Williams (Duckwood) introduced the developer team and
informed the Council that they were available for questions.
Mayor Ellison requested a description of the exterior of the
building. The developer explained the brick and roof materials.
Councilmember Gustafson asked if the canopy was included in the lot
coverage. Mr. Sturm responded yes.
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July 5, 1989
Councilmember Wachter requested staff to review the tree
ordinance.
Mayor Ellison stated that the restaurant was the most exciting
part of the plan. The developer informed the Council that it was
pursuing two restaurants and would agree to a restaurant use in
that area.
Councilmember Egan stated it was a total PD Agreement and that
the plan was consistent. He asked if there would be rust-proofing
on the ceiling. The developer explained there was a 20-year
warranty.
Councilmember Gustafson stated that the hardship on the
restaurant lot was the landscaping and the lot layout.
Councilmember Egan referred to proposed condition number 7
regarding the rooftop mechanical equipment. He suggested removing
all'mechanical equipment from the roof. Mr. Sturm stated it was not
feasible on this particular project.
McCrea moved, Gustafson seconded, the motion to approve a
Comprehensive Guide Plan amendment changing the land use
designation from Limited Business to General Business as requested
by Duckwood Crossings, Inc. All voted in favor.
McCrea moved, Gustafson seconded, the motion to approve a
Planned Development amendment to specify uses for Lots 2, 3 and 4
of the Pondview Planned Development Agreement, as requested by
Duckwood Crossings, Inc. Gustafson, Ellison, Egan and McCrea voted
in favor; Wachter abstained.
Egan moved, Gustafson seconded, the motion to approve a
preliminary plat consisting of 3 lots for 5.1 Planned Development
zoned acres, as requested by Duckwood Crossings, Inc., 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,
Bi, B2, B3, B4, C1, C2, C3, C4, C5, D1 and El.
2. The Planned Development Agreement shall be amended to
include these three lots and approved uses.
3. A Class I restaurant shall be permitted on Lot 1, Block 2.
This lot shall be reviewed by the City Council before any
development occurs.
4. All well and septic systems shall be abandoned to City
specifications.
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July 5, 1989
5. All parking stalls shall be 10' wide. Employee parking
shall be required on the Crestridge Drive area of the retail lot.
The developer shall obtain proof of the necessary amount of parking
stalls required.
6. All buildings shall be constructed of a similar color
brick, and shall have similar roof lines and shapes.
7. Rooftop mechanical equipment shall not be visible from
Pilot Knob Road.
8. All trash shall be contained within the building.
9. All landscape areas shall be irrigated.
10. No outdoor displays or loudspeaker advertising shall be
allowed.
11. The pylon sign on Lot 1, Block 1, shall meet all signage
code requirements. All signage on the retail center shall be
uniform in design and shall be subject to the City's one-time sign
fee of $2.50 per sq. ft.
12. Lot 1, Block 2, shall be subject to the City's Shoreline
Ordinance.
13. The development is required to reduce phosphorus loading
to Fish Lake to predevelopment levels.
14. The development is required to line up all driveway
entrances with either existing or proposed driveways with the
adjacent properties.
15. Cross ingress/egress and parking easements shall be
submitted with the final plat.
16. All accesses to Pilot Knob shall be removed.
Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
abstained.
McCrea moved, Gustafson seconded, the motion to approve a
conditional use permit for a pylon sign and motor fuel sales as
requested by Duckwood Crossings, Inc. Gustafson, Ellison, Egan and
McCrea voted in favor; Wachter abstained. R-89.37
PRELIMINARY PLAT/CRAY 2ND ADDITION
City Administrator Tom Hedges presented the matter to the
Council and stated that the Advisory Planning Commission
recommended approval of the preliminary plat application.
Page 14/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
Ron Zamansky (attorney for Cray Research) introduced the
development team. He informed the Council that Cray appreciated the
support of the City and that there were no issues to which it
objected.
City Planner Jim Sturm summarized the application and
presented background information to the Council.
City Administrator Tom Hedges stated that the financial
obligations would be reduced because of the revised platting. He
further stated that future street assessments had been reduced. Mr.
Zamansky agreed to the assessments.
Wachter moved, Gustafson seconded, the motion to approve the
preliminary plat entitled Cray 2nd Addition consisting of one lot
and four outlots on approximately 116.4 acres located along Lone
Oak Drive and Lone Oak Road in the south half of Section 1, as
requested by Cray Research, subject to the standard conditions of
plat approval and assessment reductions. All voted in favor.
DAKOTA COUNTY STATE BANK/REQUEST TO WAIVE ASSESSMENTS
Gustafson moved, Egan seconded, the motion to continue the
issue of waiving assessments on property located at the southeast
quadrant of the intersection of Deerwood and Blackhawk Roads owned
by the Dakota County State Bank to the July 18, 1989 City Council
meeting. All voted in favor.
KEVIN SHEA/MULTI-FAMILY HOUSING
Kevin Shea informed the Council he represented concerned
citizens in Eagan regarding multi-family housing. He asked the
Mayor if the newspaper article on the trashy apartments was
accurate. Mayor Ellison responded that the City has a goal of
quality development and that it seeks to increase the quality of
the exteriors, landscaping, etc. He commented he would not single
out the property owners but that Thomas Lake Pointe was a good
model for quality apartments.
McCrea asked Mr. Shea if he was from Eagan. Mr. Shea responded
no but that he represented Eagan residents. He stated he was a
Burnsville resident living at 2809 Brookview Drive.
Councilmember McCrea commented that the City of Eagan had
problems with apartments and outdoor garages but that it had spent
a great deal of time on quality controls. Mr. Shea pointed out that
apartment dwellers construed the remarks as disparaging to the
apartment dwellers. McCrea encouraged residents to contact her
directly.
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July 5, 1989
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Mr. Shea questioned what the future for multi-dwellings was in
Eagan. Councilmember McCrea responded that staff could provide a
before and after comparison of the standards. She further stated
that the City does what it can.
Councilmember Wachter asked Mr. Shea who he represented. Mr.
Shea stated he would provide a list of names to the City.
Councilmember Egan remarked that the City was analyzing undeveloped
areas zoned Multi-Family for down zoning at the present time.
CONTRACT 88-01/FINAL PAYMENT/ACCEPTANCE
FIRE STATION NO. 5
Wachter moved, Gustafson seconded, the motion to approve the
final payment for Contract 88-01 (Fire Station No. 5) to Eagan
Construction, Inc., in the amount of $2,500.00 and authorize
acceptance for perpetual maintenance, subject to appropriate
warranty provisions. All voted in favor.
VACATE SANITARY SEWER EASEMENT/KINGSWOOD 2ND ADDITION
Gustafson moved, Wachter seconded, the motion to receive the
petition to vacate a sanitary sewer easement in the Kingswood 2nd
Addition, and schedule a public hearing to be held on August 1,
1989. All voted in favor.
NSP AND THE WATERS DEVELOPMENT/STREETLIGHT
ENERGY COST AGREEMENT
Gustafson moved, McCrea seconded, the motion to approve a
public streetlighting agreement for The Waters Development and
authorize the Mayor and City Clerk to execute all related
documents. All voted in favor.
CONTRACT 87-P/LEXINGTON PARKWAY ADDITION/STREETS AND UTILITIES
Gustafson moved, Wachter seconded, the motion to accept
Contract 87-P (Lexington Parkway Addition - Streets and Utilities)
for perpetual maintenance, subject to the applicable warranty
provisions. All voted in favor.
DAKOTA COUNTY TRAFFIC SIGNAL AGREEMENT NO. 89-08/
DIFFLEY ROAD AND BLACKHAWK ROAD
Councilmember Gustafson asked if the 50% cost participation
obligation included street reconstruction. Public Works Director
Tom Colbert said he was unsure of the exact percentage.
Councilmember Gustafson informed staff he would like to see the
street reconstruction portion reviewed.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
Egan moved, Wachter seconded, the motion to approve Dakota
County Traffic Signal Agreement No. 89-08 for Project No. 580
(Blackhawk Road at Diffley Road - Traffic Signal) and authorize the
Mayor and City Clerk to execute all related documents, contingent
on the street reconstruction review. All voted in favor.
EXCESS PUBLIC RIGHT-OF-WAY VACATION/DIFFLEY ROAD TURNBACK
Gustafson moved, McCrea seconded, the motion to receive the
request to vacate the excess public right-of-way for the Diffley
Road turnback and schedule a public hearing to be held on August 1,
1989. All voted in favor.
VISITORS TO BE HEARD
Ray Williams, Rahncliff 3rd, informed that the Council the
developer did not want to enter into another development agreement.
Public Works Director Tom Colbert explained the process and pointed
out the need for an administrative plat process for the simple
plats. He stated there should not be any delay and that staff would
examine the matter. Mr. Williams requested a footings and
foundation permit. Councilmember McCrea questioned the
architectural theme of the area. Mr. Williams stated that the
architects felt the area will look good.
Egan moved, Gustafson seconded, the motion to approve a
footings and foundation permit for the Bakers Square Restaurant
prior to the final plat of Rahn Addition. All voted in favor.
Jack Holmes (All Saints Addition) requested a well variance
for air conditioning purposes. Mayor Ellison asked if an
application had been submitted to the City of Eagan. The applicant
responded that City staff had directed them to the City Council.
City Administrator Tom Hedges explained to the Council that the
City did not have a well permit ordinance. He was concerned with
the potential of contamination. He discouraged private wells.
Councilmember Wachter stated he was not in favor of a variance.
Scott Ame (engineer) explained the well use and regulations. He
stated that City water was more expensive and that the developer
was following the normal procedures. He pointed out that state
guidelines allowed the use. Mr. Hedges suggested that staff contact
the developer to discuss the matter in detail. Councilmember
Wachter asked if there were two wells. Mr. Sturm explained the
staff procedures.
Mayor Ellison stated that the owner of Northwest had contacted
him and stated that the businesses would be headquartered in the
Twin Cities. He stated he felt this was good news for the City of
Eagan. The owner of Northwest requested a meeting with the Council.
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
July 5, 1989
CHECKLISTS
Councilmember Wachter had concerns regarding the expense of
the poster frame.
Wachter moved, Egan seconded, the motion to approve the
checklist dated June 30, 1989, in the amount of $1,067,075.20 and
the checklist dated July 5, 1989, in the amount of $446,253.35. All
voted in favor.
ADJOURNMENT
Egan moved, Gustafson seconded, the motion to adjourn the July
5, 1989, City Council meeting at 10:00 p.m., to the executive
session meeting. All voted in favor.
CITY OF EAGAN
1 ' I K~IL &A. I&
E. anOverbeke
City lerk