07/18/1989 - City Council Regular
ti. IY otL„
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
July 18, 1989
A regular meeting of the Eagan City Council was held on
Tuesday, July 18, 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 and City Attorney James Sheldon.
AGENDA
There were no additions to the agenda.
McCrea moved, Gustafson seconded, the motion to approve the
agenda. All voted in favor.
MINUTES
July 5, 1989. Councilmember Gustafson requested the
correction on Page 8, Paragraph 4, from "Notvick" to "Notvik".
Wachter moved, Egan seconded, the motion to approve the
Minutes for the July 5, 1989 Regular Council Meeting as amended.
All voted in favor.
KEVIN SHEA/MULTI-FAMILY HOUSING
Councilmember McCrea asked if Mr. Shea had provided the names
of the parties he was representing. City Administrator Tom Hedges
responded that he had not received any information from Mr. Shea.
DEPARTMENT HEAD BUSINESS/FIRE DEPARTMENT
BUDGET ADJUSTMENT/REFURBISHING OF 1980 PUMPER TRUCK
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Egan commented that the 1988 funds had been
reallocated and felt that an adjustment would cause a $15,000.00
shortfall. He felt the request needed justification and that
approval would set a bad precedent.
Fire Chief Southorn informed the Council that $30,000.00 had
been carried over for several years. Councilmember Wachter stated
that the funds should still be available. Mayor Ellison remarked
that the next budget year was unpredictable and that the money was
in the fund balance. Councilmember Egan felt it was a misnomer to
say the money was available in the fund balance as the money had
been reallocated. Councilmember McCrea responded that the fund
Page 2/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
balance was not all reallocated. City Administrator Tom Hedges
explained the fund balance levels.
Councilmember Gustafson requested clarification. Councilmember
Egan stated he felt the contingency fund was preferable as the fund
balance was too low already. Mayor Ellison agreed with
Councilmember Egan. Councilmember McCrea felt there was no need to
access the contingency fund as the money was not spent in 1988 and
was put into the general fund.
Councilmember Gustafson requested the breakdown of the
available $50,000.00. Mayor Ellison stated the City should spend
the current year's budget first. City Administrator Tom Hedges had
no preference as to which fund should be used. Councilmember
Wachter stated the Council would not be depleting either fund and
that the City would be receiving a lot for the money.
Councilmember McCrea stated she was in favor of the
contingency fund. Councilmember Egan felt it was a more appropriate
fund.
McCrea moved, Wachter seconded, the motion to approve the
complete refurbishment and upgrading of Unit No. 13 and, as a
condition of the authorization, adjust the 1989 budget by
allocating a part of the contingency account for the expenditure.
All voted in favor.
DEPARTMENT HEAD BUSINESS/CABLE
City Administrator Tom Hedges informed the Council that Mike
Reardon was available for questions. Councilmember Egan said that
Burnsville had great equipment and questioned how it was working.
Mr. Reardon invited all interested parties to the Cable Commission
Meeting. He also explained the technical aspects of the Burnsville
System and stated that he would investigate the possibility of
reducing the light intensity at the Eagan City meetings.
CONSENT AGENDA
A. Personnel Items.
1. Assistant Utility Billing Clerk Typist.
It was recommended to approve the hiring of Enda Asleson as
assistant utility billing clerk typist.
2. Season Park Maintenance Workers.
It was recommended to approve the hiring of Duane Barton,
Jeffrey Goodrich, Tamera Johnson, Joel Kivi, and Michael Marxer as
seasonal park maintenance workers.
Page 3/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
3. Ratification of Collective Bargaining Agreement.
It was recommended to approve the ratification of the
Collective Bargaining Agreement terms between the City of Eagan and
the Police Dispatchers' Unit for the years 1989, 1990 and 1991.
4. Seasonal Utility Maintenance Workers (informational).
The Council was informed of the hiring of Steven Wilke and
James Price as seasonal utility maintenance workers.
5. Seasonal Park Maintenance Worker (informational).
The Council was informed of the hiring of Steve Schroeder as a
seasonal park maintenance worker.
B. Plumbers Licenses and Water Softener License.
It was recommended to approve the seven plumber's licenses and
one water softener license as presented.
C. Liquor License Designation New Manager Compri Hotel.
It was recommended to approve Mr. Kevin McPherson as the
holder of a liquor license at the Compri Hotel.
D. Designation of Business Representative Seneca Odor
Committee.
It was recommended to appoint John Westley as the business
representative to the Seneca Odor Control Advisory Committee.
E. Receive Resignation of Candice Garry as a Member of the
Economic Development Commission.
Councilmember Gustafson asked if a replacement had been found.
City Administrator Tom Hedges stated staff was looking for
direction from the Council and pointed out that usually a
replacement was found by category. Councilmember Gustafson directed
the staff to take the appropriate action to replace Candice Garry
as a member of the Economic Development Commission.
It was recommended to accept the resignation of Candice Garry
of the Economic Development Commission.
F. Project 575, Receive Feasibility Report/Order Public
Hearing (James Court - Street Lights).
It was recommended to receive the Feasibility Report for
Project 575 (James Court - Street Lights) and schedule a public
hearing to be held on August 15, 1989.
Page 4/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989 X';- M^
G. Contract 89-16, Approve Plan/Authorize Advertisement for
Bids (Sterns Addition and Coventry Pass - Streets and Utilities).
It was recommended to approve the plans and specifications for
Contract 89-16 (Sterns Addition and Coventry Pass) and authorize
the advertisement for a bid opening to be held at 10:30 a.m.,
Friday, August 11, 1989.
H. Contract 89-09, Receive Bids/Award Contract (Johnny Cake
Ridge Road - Streets and Trailways).
It was recommended to receive the bids for Contract 89-09
(Johnny Cake Ridge Road - streets and trailways (to the lowest
responsible bidder and authorize the Mayor and City Clerk to
execute all related documents.
I. Park Cliff Storm Sewer to Adjust Supplemental Assessment
Rate.
Councilmember Wachter requested item I be pulled from the
Consent Agenda for further discussion by the Council.
J. Approved Change Order No. 1, Contract 88-28 (Fire
Station No. 1 - Parking Lot).
It was recommended to approve Change Order No. 1 to Contract
88-28 (Fire Station No. 1 - Parking Lot) and authorize the Mayor
and City Clerk to execute all related documents.
K. Change Order No. 1, Contract 89-02 (Clearview Addition -
Streets).
Councilmember Egan requested clarification regarding Change
Order No. 1. Public Works Director Tom Colbert informed the Council
that the Developer was concerned regarding the access aesthetics.
He stated that the funds would have come from the trunk fund
anyway. Mayor Ellison asked if a thick plastic mat could be used
instead. Public Works Director Tom Colbert replied that it had been
tried previously and it did not work. He stated the matter could be
investigated if necessary.
It was recommended to approve Change Order No. 1 to Contract
89-02 (Clearview Addition - Streets) for a bituminous access
drive to the Woodlands Storm Sewer Lift Station and authorize the
Mayor and City Clerk to execute all related documents.
Page 5/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989 ._y
L. Project 416, Receive Final Assessment Roll/Order Public
Hearing (O'Neill Drive - Streets).
It was recommended to receive the final assessment roll for
Project 416 (O'Neill Drive - Streets) and schedule a final
assessment hearing to be held on August 15, 1989.
M. Project 543R, Skyline Drive/Sibley Hills Drive -
Resolution Requesting MN DOT Cost Participation Agreement.
It was recommended to approve a resolution requesting MN DOT
Cost Participation for Project 543R (Sibley Hills Drive Frontage
Road). R-89.38
N. Project 557, Receive Assessment Roll/Schedule Public
Hearing (Mallard Park 3rd Addition).
It was recommended to receive the final assessment roll for
Project 557 (Mallard Park 3rd Addition - Street Lights) and
schedule a public hearing to be held on August 15, 1989.
0. Project 427, Receive Final Assessment Roll/Order Public
Hearing (Yankee Doodle Road - Streets).
It was recommended to receive the final assessment roll for
Project 427 (Yankee Doodle Road - Streets) and schedule a final
assessment hearing to be held on August 15, 1989.
P. Project 349, Receive Final Assessment Roll/Order Public
Hearing (East Blue Gentian Road - Streets).
It was recommended to receive the final assessment roll for
Project 349 (East Blue Gentian Road - Streets) and schedule a final
assessment hearing to be held on August 15, 1989.
Wachter moved, Gustafson seconded, the motion to approve the
Consent Agenda items (except Item I - Park Cliff Storm Sewer to
Adjust Supplemental Assessment Rate) as presented, and authorized
their implementation. All voted in favor.
PARK CLIFF STORM SEWER/ADJUST ASSESSMENT RATE
City Administrator Tom Hedges informed the Council that either
option presented to the Council was acceptable. Councilmember Egan
commented that the property owners did benefit by at least
$2,500.00. Mayor Ellison stated that option 2 was the option that
was adopted. Councilmember Gustafson stated he was in favor of
option 1 and agreed with Mr. VanOverbeke's recommendation. City
Administrator Tom Hedges remarked that there had been benefit to
the properties and that staff evaluated based upon the original
Page 6/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
motion. Mayor Ellison pointed out that the City had incurred legal
costs. He felt that option 2 was fair.
Egan moved, Wachter seconded, the motion to approve option 2
as outlined in the memo dated July 11, 1989, as prepared by the
Director of Finance regarding adjustment of the supplemental
assessment rate for the Park Cliff storm sewer improvements.
Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted
against.
VACATE PUBLIC RIGHT OF WAY/PILOT KNOB ROAD
FRONTAGE ROAD (FAIRWAY HILLS)
City Administrator Tom Hedges updated the Council on the
matter.
McCrea moved, Gustafson seconded, the motion to close the
public hearing and approve the vacation of a portion of public
right of way for Pilot Knob Road Frontage Road (Fairway Hills) and
authorize the Mayor and City Clerk to execute all related documents
subject to the retention of underlying utility easement rights. All
voted in favor.
PROJECT 570/CLIFF RIDGE ADDITION/STORM SEWER
City Administrator Tom Hedges summarized the background
information for the Council and distributed a letter dated July 17,
1989, which he had received from the developer requesting private
installation.
Jerry Bourdon (Bonestroo) presented details of Project 570 -
Storm Sewer. He informed the Council that the total project costs
were approximately $110,000.00. In comparison, he stated that the
developer's cost would be approximately $61,000.00 if improvements
were installed only in the developer's area. He further stated that
the trunk fund would have a deficit of $48,000.00.
Public Works Director Tom Colbert recommended allowing the
developer to install its own improvements. Councilmember Egan asked
if the project was 50% assessable. Mr. Colbert responded yes. Egan
asked if the developer would assume the total financial cost. Mr.
Colbert responded it was his understanding that the developer would
assume the total financial cost for time and convenience factors.
Councilmember Wachter had concerns regarding the developer meeting
the required specifications. Mr. Colbert stated that City staff
would monitor, inspect and review the improvements.
Tom Tweeten, 4550 Oak Chase, was pleasantly surprised with the
;uality of the work. He asked if the developer would use its
plans or the City consultant's plans. Public Works Director Tom
Colbert stated that the developer would need to conform to the
Page 7/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
feasibility report. Mr. Tweeten informed the Council that speed in
the installation of the improvements was important.
Tim Louie, 4538 Oak Chase, had concerns with the placement of
the utilities. He requested the lines be moved ten to fifteen feet
in order to save his trees.
Councilmember McCrea asked if it were possible to move the
line ten to fifteen feet. Public Works Director Tom Colbert stated
that the developer would have to concur with the move. McCrea
commented that the City should encourage the moving of the utility
lines.
McCrea moved, Egan seconded, the motion to close the public
hearing and deny Project 570 (Cliff Ridge Addition - Storm Sewer),
which denial was at the developer's request, as it will privately
construct the improvements. Gustafson, Ellison, Egan and McCrea
voted in favor; Wachter voted against.
Councilmember McCrea informed staff that strong direction
should be given to the developer to alter the location of the
utility lines to save the trees on Mr. Louie's property. City
Administrator Tom Hedges stated he would send a letter to the
developer with the Council's recommendations.
PROJECT 564/RAHNCLIFF SECOND ADDITION - STREET AND UTILITIES
City Administrator Tom Hedges introduced the matter to the
Council. Jim Eulberg (SEH) presented the project report to the
Council. He also presented the proposed assessments and the revenue
impact. He recommended adding the work to Cliff Lake as a change
order. He informed the Council that the work on the project would
begin on July 19, 1989.
Jeff Lindgren (owns Outlot F as a partner) stated he felt that
all benefited users were not being assessed. He commented that the
traffic was being generated by the land to the east. He questioned
the proposed striping and road widening. Mr. Eulberg stated the
widening was only a couple of feet. Mr. Lindgren objected to the
assessment as he felt there was no benefit to the property.
Mayor Ellison asked why Rahncliff First was not included and
further asked why there was a rate difference. Public Works
Director Tom Colbert responded that Rahncliff First should be
included, but that they had not been noticed. He recommended
continuing the meeting to provide proper notice. He pointed out
that the properties generate equal traffic and that there was no
differentiating between properties that are commercial.
Councilmember Egan recapped a history of the land in the area.
Page 8/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
John Perioti (for Cedar Ridge Christian Church) objected to
the assessments. He stated the church had not benefited from the
improvements and that the road was used by the church only on
Sundays. He further pointed out that the church could not afford
the amount of the assessments.
Councilmember Wachter stated that in the past the Council had
not made exceptions for churchs. Councilmember Egan stated that
commercial property was assessed as a group and pointed out that it
was not an assessment hearing.
McCrea moved, Gustafson seconded, the motion to continue to
the August 15, 1989 City Council Meeting, Project 564 (Rahncliff
2nd Addition - Streets and Utilities) to allow proper notification
to all benefited property owners. All voted in favor.
PROJECT 443/FINAL ASSESSMENT HEARING
O'NEIL PONDING EASEMENT ACQUISITION
City Administrator Tom Hedges summarized the background
information for the Council. Councilmember Egan questioned if it
were fair to redistribute the assessments. Mr. Colbert replied
affirmatively, stating that it had been analyzed to make certain
the property could handle the assessment. He pointed out that
proper records for assessments should be kept and recommended the
adoption of the final assessment roll as presented and then an
authorization to reallocate.
Gustafson moved, Wachter seconded, the motion to close the
public hearing and approve the final assessment roll for Project
443 (O'Neil Ponding Easement Acquisition) and authorize the
certification to Dakota County. All voted in favor.
Gustafson moved, Wachter seconded, the motion to approve the
reallocation of the financial obligations as requested by the
Petitioner. All voted in favor.
RECONSIDERATION/STOP SIGN/MALLARD DRIVE AND MALLARD CIRCLE
City Administrator Tom Hedges presented background information
for the Council.
Kirk Reilly (representative for neighborhood), 1634 Mallard
recapped the history of the Petition. He informed the Council that
there was a speeding problem in the neighborhood. Public Works
Director Tom Colbert reported that 55 vehicles had been observed by
the Police Department; that 3 had been stopped and two had been
ticketed. Mr. Reilly requested the stop signs to
control the speed of the traffic. Mr. Colbert explained the reasons
why stop signs would not be warranted at the intersection. Mr.
Reilly asked if a "children at play" sign could be installed. Mr.
Page 9/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Colbert pointed out that enforcement by the Police Department was
the best deterrent.
Councilmember Gustafson stated he had concerns regarding the
speed of the traffic, but felt that it was the neighbors who were
doing the speeding. He pointed out that the State of Minnesota
mandates a minimum of 30 miles per hour, which he felt that was too
fast. He commented that the neighbors should voluntarily drive 20
miles per hour through residential areas.
Councilmember Wachter requested that the Police Department
patrol the area more often. Mayor Ellison asked if the traffic had
decreased since the Cliff Road reopening. Mr. Reilly responded
affirmatively. Councilmember Egan pointed out that the daily
traffic counts did not exceed 30 miles per hour.
Wachter moved, Gustafson seconded, the motion to deny the
petitioned request for the installation of stop signs on Mallard
Drive at Mallard Circle. All voted in favor.
GAMBLING APPLICATION/OPTIMIST CLUB
City Administrator Tom Hedges introduced the matter to the
Zouncil. He informed the Council that staff recommended a denial of
the 60-day waiver.
Dave Nickles (President of the Optimist Club), 10906 Dakota
Court, Burnsville, stated that the 60-day requirement was for
investigation purposes and that the investigation had been
completed. He felt there was no reason for denial of the 60-day
waiver. City Administrator Tom Hedges pointed out that the Council
has the right to waive the 60 days and stated that questions had
been raised that the State Board would need to investigate. Mr.
Nickles reiterated his concern. Councilmember McCrea remarked that
the situation was not a life or death situation and supported a
staff review of the matter.
Roger Baertsch (gambling manager for the Optimist Club) stated
that the 60-day requirement was for the City's purpose only. He
commented that the State would not investigate until the City gave
approval. Councilmember Egan responded that Council action was
submitted to the State Board. City Administrator Tom Hedges stated
that the Police Chief's questions should be answered by the State.
Mr. Baertsch remarked that the State would still have to approve.
Mayor Ellison questioned how the money would be used in Eagan.
Mr. Nickels stated that the club was trying to meet the area
requirements. He informed the Council that Eagan citizens were
members of the Club. He pointed out that 4 of the 25 members were
from Eagan. Their current plans are to give to the youth, the high
schools, the Fourth of July Committee, etc. Mayor Ellison asked how
Page 10/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
many pull tabs were currently active. Mr. Nickels responded none at
the present time. Councilmember Egan pointed out that the Community
Action Council would receive 60% of the funds, which he felt is a
worthwhile cause.
Mayor Ellison asked Ronald Leif how the compensation was
disbursed. Ronald Leif (Knights of Columbus) responded the money
went to Richards for the selling of the pull tabs behind the bar.
He explained the proprietor compensation. Councilmember McCrea
stated the costs should be determined up front. Councilmember Egan
asked what bearing these figures had to the Optimist application.
Mr. Leif replied, for game control and the additional compensation.
Councilmember McCrea remarked that the Council was getting off of
the subject and that the issue was whether the application was in
order. She commented that the State should be satisfied.
Councilmember Egan agreed that it was a private matter between the
Knights of Columbus and Richards.
Mayor Ellison stated that pull tabs should only be sold by
members of the organization at the bar. He requested the ordinance
be reviewed to see if it complied with the State Statute. He
further stated that the gambling ordinance should be reexamined and
that he would not support any applications until the ordinance had
..)een reviewed.
Councilmember Gustafson asked if the maximum to Richards was
$600.00 a month. Mr. Baertsch stated that the maximum payment was
$600.00 a month as provided by State Statute. Mr. Gustafson was
opposed to the concept of charitable gambling, but pointed out that
they had the right.
Egan moved, McCrea seconded, the motion to approve a gambling
license application to the Eagan/Burnsville Optimist Club subject
to notification by Richards Food & Liquor and the Eagan Knights of
Columbus that they have successfully cancelled their lease
agreement and; further, approved a waiver of the 60-day waiting
period for the Optimist Club contingent upon the State Board
investigating the Police Chief's concerns. McCrea, Gustafson, and
Egan voted in favor; Wachter and Ellison voted against. The motion
prevailed.
Mayor Ellison directed staff to review the State regulations
and the formula breakdown.
SPECIAL PERMIT/NORTHERN NATURAL GAS
FOR FAIRWAY HILLS FIRST ADDITION
City Administrator Tom Hedges informed the Council that staff
lad not received any additional information from the applicant.
Page 11/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Dennis Werkmeister (Enron) informed the Council that the
current proposal was within guidelines of the Eagan Code. He stated
that Northern Natural Gas had been at that site for 25 years during
which time the building had increased in size. He commented that
development had not been hindered and requested council approval of
the permit as submitted.
Councilmember Egan stated it seemed to be an ultimatum and
asked if the City was within its rights. City Attorney Jim Sheldon
stated that the City policy had not been incorporated into an
ordinance. He pointed out that it would be a test case as to
whether City policy would be sufficient.
Mayor Ellison had concerns for the residents having a tin
shack adjacent to their property. He pointed out that the Northern
Natural Gas facility is eleven times larger than originally built.
He stated he was very disappointed.
Councilmember Egan stated he felt the product was very
inferior in a residential neighborhood and totally inappropriate.
He said Enron admitted that there were no buildings like it in
other residential areas and that there were no grandfather rights.
le asked if the Council had the right to deny. Mr. Sheldon stated
the area was zoned residential and that the City could require
rezoning as opposed to a special permit. He pointed out a
moratorium ordinance could be prepared and a reevaluation of the
standards regarding public buildings could be conducted.
Councilmember Gustafson shared Egan's disappointment. He
stated he felt the Council only had the option to deny the special
permit and was unsure of Enron's motive. Councilmember Egan asked
if City staff should be instructed to take steps to establish
standards for public facilities. Mr. Sheldon stated the City
Council could determine that an application must move for rezoning
as opposed to a special use permit.
Gustafson moved, Egan seconded, the motion to deny a special
permit for Northern Natural Gas Company to construct a building
over an existing meter and regulatory facility located on Outlot A,
Fairway Hills First Addition because an application for rezoning
must be submitted and a special permit was an inappropriate
application for this use. All voted in favor.
Staff was directed to prepare ordinance revisions to public
facility building standards in residential areas, or in the
alternative to consider a moratorium.
Mr. Werkmeister asked the Council why the application had been
lenied. Councilmember McCrea stated it was denied because it was an
inappropriate application and there was a need for rezoning. Mr.
Sheldon stated the use was inappropriate.
Page 12/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
DAKOTA COUNTY STATE BANK/WAIVE ASSESSMENTS
City Administrator Tom Hedges informed the Council that there
was no action required by the Council as City staff was currently
reviewing the assessment policy.
Egan moved, Gustafson seconded, the motion to continue to the
September 19, 1989 City Council Meeting, at the request by Dakota
County State Bank, regarding the waiving of assessments at property
located at the Southeast Quadrant of the Deerwood Drive and
Blackhawk Drive intersection. All voted in favor.
SPECIAL PERMIT/PRIVATE WELL/ALL SAINTS LUTHERAN CHURCH
City Administrator Tom Hedges provided the background
information for the Council. Public Works Director Tom Colbert
explained the Williams Pipeline location. He informed the Council
that monitoring wells had been installed and that a third
monitoring well was needed at the location. He stated that the
church has an agreement with Williams to use the well and that it
would not be used for drinking water, but only for cooling and
irrigation. He pointed out that the City ordinance required no use
of potable water if City water was available. He explained the
lesign of the cooling system and reported that the alternatives
would be to either change the cooling system in the building or
approve, subject to forbidding a cross connection with the City
water.
Mayor Ellison asked for staff recommendation. Mr. Colbert
stated there were no specific recommendations and outlined the pros
and cons.
Councilmember McCrea had concerns regarding City liability.
City Attorney Jim Sheldon pointed out that the City was not legally
responsible, but that it did not prevent someone from suing the
City.
Public Works Director Tom Colbert reported that staff would
initiate contact with Williams to determine the monitoring
procedure. McCrea had concerns regarding the liability and the
monitoring frequency. Councilmember Gustafson stated there was no
City liability and that the City could require a periodic testing.
Jack Holmes (Vanman Construction) informed the Council that
the water would be used as an underground sprinkling system and
that Williams Brothers did monitoring every four to six months.
Pastor Larry Smith (All Saints Church) mentioned that the church
was open to suggestions. Councilmember McCrea recommended the
Church conduct its own sampling once a month. The pastor responded
that the church did not have a problem with McCrea's
recommendation. Councilmember Wachter suggested sprinkling at 2:00
Page 13/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
a.m. as set by a timer. Wachter also stated that Williams Pipeline
should have informed the City of the construction of the wells. He
also stressed the need for the City to have a water irrigation
policy. He pointed out that natural resources are being depleted
and that the City should also look at the water uses. Councilmember
Egan asked if City staff was qualified to review these issues.
Public Works Director Tom Colbert informed the Council that staff
could give a special report. Egan remarked that he would like the
information prior to deciding on the monitoring. He had concerns
regarding the on-site water usage.
Mayor Ellison had concerns regarding the exposure of the water
to children. The pastor pointed out that the water was drinkable
and that contamination was very low. He explained that sprinkling
was an economical use of the water and that the church would forego
that use until the City approved. The engineer pointed out that it
could be done.
Councilmember Gustafson stated that Ecodine could analyze any
water. He further explained that rural wells were from 50 feet to
400 feet deep. He stated he felt the Council was being too cautious
on the safety issue and that the water could be tested once a week.
He explained that it would only cost approximately $12.00 a month
:o test the water. He felt it was a waste of the water if it was
not used for sprinkling. Councilmember Egan questioned the testing
procedure. Gustafson explained why the testing must be done on
individual wells. Mayor Ellison commented that the City should not
do the monitoring. He felt testing should be conducted twice a
month between the months of May and October. He recommended the
test results be submitted to the Public Works Department and if the
results showed the water was unsafe, the permit would be
terminated. Mr. Colbert stated that if the City routinely receives
the reports, it would be assuming the liability to stop the permit
if a test was below Minnesota Department of Health standards. He
stated he felt the church should inform the City only when the
water did not meet the Department of Health's standard. He pointed
out that the City should reserve the right to inspect the reports
and system at any time.
Gustafson move, McCrea seconded, the motion to approve Special
Permit 23-SP-8-7-89, Private Well for All Saints Lutheran Church,
subject to a system being in place that requires: (1) coming out of
Glacial Drift; (2) doubling as a monitoring use; (3) specifications
for the air conditioning purposes; (4) the water is reused for
irrigation; (5) non-potable use; (6) cross connectors and other
City restrictions must be met; and (7) the applicant to test twice
monthly between the months of May and October and report to the
Public Works Department and if such reports show the water unsafe,
in which case the permit shall be terminated. Gustafson, Ellison,
Egan and McCrea voted in favor; Wachter voted against.
Page 14/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
VARIANCE/BOB OLSON/FRONT YARD SETBACK
City Administrator Tom Hedges explained the variance
application to the Council. Community Development Director Dale
Runkle explained that the variance was to allow for the garage.
Mayor Ellison pointed out that the hardship was the pumps and the
tanks. The applicant agreed with the Mayor and stated the drainage
was also a hardship. Mayor Ellison asked about constructing the
garage on the north side. Mr. Runkle stated it would be close. Mr.
Olson stated it was the original 1983 plans, but that either way
was acceptable. He pointed out that the other side would encroach
on the side.
Egan moved, Gustafson seconded, the motion to approve the
variance for Bob Olson for 10 feet to the required 30 foot front
yard setback located at 2187 Storland Road.All voted in favor.
SIGNAL BANK/SPECIAL USE PERMIT/TEMPORARY SIGN
Community Development Director Dale Runkle presented the
applications to the Council. Councilmember McCrea emphasized that
the bank was a good neighbor.
McCrea moved, Egan seconded, the motion to approve a temporary
sign for Signal Bank at its new location at Yankee Doodle Road and
Denmark Avenue, specifically located at the southwestern portion of
the site, subject to the following conditions: (1) The permit is
subject to a 10 foot setback requirement from all property lines.
(2) The applicant shall pay the one time sign fee of $2.50 per
square foot. (3) The permit shall terminate upon the erection of a
pylon sign or upon the occupancy by the applicant of the bank site.
All voted in favor.
Egan moved, McCrea seconded, the motion to approve a special
permit to allow a temporary sign on the Signal Bank site located in
the northwestern portion of the site, subject to the following
conditions: (1) The permit is subject to a 10 foot setback
requirement from all property lines. (2) The applicant shall pay
the one time sign fee of $2.50 per square foot. (3) The permit
shall terminate upon the erection of a pylon sign or upon the
occupancy by the applicant of the bank site. All voted in favor.
CONDITIONAL USED PERMIT/TESSERACT SCHOOL/PYLON SIGN
Community Development Director Dale Runkle introduced the
application to the Council. Councilmember Egan had concerns
regarding the appropriateness as it was an educational institution.
Kristi Birch informed the Council that visibility was a
)roblem for the school. Councilmember McCrea asked if the applicant
would be willing to remove the telephone number from the signs.
Page 15/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Councilmember Gustafson pointed out it was a marketing tool and
that he had no concerns regarding the telephone number.
Councilmember Egan stated the City wanted to maintain the dignity
of the educational institution.
McCrea questioned if the Council could move to exclude the
telephone number from the signs. City Attorney Jim Sheldon replied
that by doing so the City would be regulating commercial speech.
Mayor Ellison requested that the telephone number be removed from
the sign.
Gustafson moved, Egan seconded, the motion to approve the
conditional use permit for Tesseract School to allow a pylon sign
on Lot 1, Block 1, Michael R. Sill Addition, subject to the one
time sign fee of $2.50 per square foot. Gustafson and Ellison voted
in favor; McCrea, Egan and Wachter voted against. The motion
failed.
McCrea moved, to approve the conditional use permit for
Tesseract School to allow a pylon sign on Lot 1, Block 1, Michael
R. Sill Addition, subject to the one time sign fee of $2.50 per
square foot and further subject to the removal of the telephone
lumber from the signs. Councilmember Egan pointed out that the
Council could not regulate speech. There was no second to the
motion.
Ellison moved, McCrea seconded, the motion to deny the
conditional use permit for Tesseract School to allow a pylon sign
on Lot 1, Block 1, Michael R. Sill Addition. Wachter, McCrea and
Egan voted in favor; Gustafson and Ellison voted against.
Mayor Ellison informed the applicant that if it returned to
the Council with a redesigned sign, it may be approved.
CONDITIONAL USE PERMIT/LOOMIS, INC. TO ALLOW OUTDOOR STORAGE
Community Development Director Dale Runkle presented an
application summary to the Council. Mr. Loomis was available at the
meeting for questions.
Councilmember Wachter asked for the total number of vehicles
or pieces of equipment to be stored. Mr. Loomis responded eight
vehicles would be stored. Mayor Ellison questioned the type of
screening. Mr. Runkle stated a berm with landscaping and pine trees
was proposed. Wachter asked if the storage was on the industrial
zoned area. Mr. Runkle responded yes. Councilmember Egan emphasized
that every effort should be made to resolve the use of the land.
Egan moved, Gustafson seconded, the motion to approve a
conditional use permit to allow outdoor storage on Lot 5, Block 2,
Halley's Addition located along Biscayne Avenue in the Southeast
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Quarter of Section 36, as requested by Loomis, Inc., subject to the
following conditions: (1) proper screening, as recommended by the
City Council, shall be provided; and (2) parking and storage shall
be limited to a total of twelve vehicles or pieces of equipment not
attached to the vehicles. All voted in favor.
SPECIAL PERMIT/STEININGER CONSTRUCTION CO.
CONCRETE PROCESSING
Community Development Director Dale Runkle introduced the
matter to the Council and stated that meetings had been conducted
between West Publishing and the applicant. He described the
location and the proposed use. He explained that the permit would
be renewable on an annual basis and if the permit was not renewed,
the applicant would have three to six months to vacate the
facility. He pointed out that the applicant requested access off of
Yankee Doodle.
Greg Steininger was available at the meeting for questions. He
informed the Council that the site was appropriate for the use.
Councilmember McCrea commented she liked what she saw.
Councilmember Egan recommended an annual review with the applicant
.:o have six months to vacate if the permit was not renewed. Mayor
Ellison asked for comments from West Publishing.
Steve Bryant informed the Council that West Publishing
originally objected because of the detrimental impact. He stated
that West Publishing was sensitive to recycling and that the
applicant is reputable and has assured West that it will not
adversely affect the West Publishing area. He informed the Council
that West Publishing did not object to an annual review.
Councilmember Egan stressed that the Council always appreciated
West's development sensitivity.
Councilmember Wachter had concerns regarding dust. The
applicant stated that the dust would be controlled.
Councilmember Egan asked if conditions could be applied to a
special use permit. City Attorney Jim Sheldon stated conditions
could be applied to a special use permit.
Egan moved, Gustafson seconded, the motion to approve a
special use permit to Steininger Construction Co., Inc. to allow a
concrete processing/stockpiling facility located west of Highway
149, south of Yankee Doodle Road in the North Half of Section 13,
subject to the following: (1) an annual review and renewal, which
renewal if terminated would provide the applicant with a six month
iotice for termination; (2) soil tests of the subject site shall be
submitted for review by City staff; (3) a grading permit shall be
received from the Engineering Department; (4) dust control
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
1
procedures shall be utilized; (5) hours of operation shall be
limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday; (6)
access to this location shall be approved in writing by the Dakota
County Department of Transportation. All voted in favor.
CONDITIONAL USE PERMIT/A & W PROPERTIES/OUTSIDE
STORAGE OF BARRELS
City Administrator Tom Hedges informed the Council that a
letter had been received from the applicant's attorney requesting
the matter be referred back to the Advisory Planning Commission.
Gary Fuchs (attorney for A & W Properties) said different
issues were brought up at the Advisory Planning Commission Meeting.
He requested the matter be returned to the Advisory Planning
Commission for its August Meeting.
Egan moved, Gustafson seconded, the motion to refer back to
the Advisory Planning Commission for its August, 1989 Meeting, the
conditional use permit application of A & W Properties for outside
storage of barrels and semi-trailers. All voted in favor.
PRELIMINARY PLAT/MARDELANN ADDITION
Community Development Director Dale Runkle presented the
application summary.
Frank Hasselman (applicant) informed the Council that he had
been in the City since 1960 and that his word was his bond.
Doug Heiman informed the Council that there would be two
outlots on the plat and that the lot was installed at the Township
direction. He stated the ordinance requirements were met and he
explained the drainage.
The applicant informed the Council that the business had been
sold and that the property meets the drainage ordinance. He felt
the curbing proposed was already met and that it was an unneeded
expense.
Councilmember Gustafson did not see the need for the curbing
around the visitor parking lot. Mayor Ellison also questioned the
need for the curbing. Community Development Director Dale Runkle
informed the Council that there was a need to upgrade developments.
Mayor Ellison asked for Mr. Runkle's recommendation. Mr. Runkle
responded that there was no specific criteria as to when new
standards should be applied. He stated it was a policy question and
that it should wait until a new development. Councilmember Egan
agreed with Mr. Runkle. Mr. Egan pointed out that the surrounding
land uses were similar.
Page 18/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Gustafson move, Egan seconded, the motion to approve a
preliminary plat consisting of one lot and two outlots on 20.16
Light Industrial Zoned Acres in the Northwest Corner of the
intersection of Highway 13, and Blackhawk Road and the North Half
of Section 17, as requested by LaHass Manufacturing & Sales, Inc.,
subject to these standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al,
B1, B2, B3, Cl, C2, D1, El, Fl and G1. All voted in favor.
CONDITIONAL USE PERMIT/TESSERACT SCHOOL/PYLON SIGN
Kristi Birch requested the Council reconsider the request for
the pylon sign with the telephone number deleted.
McCrea moved, Wachter seconded, the motion to reconsider the
previous motion to deny the request for a pylon sign for the
Tesseract School. All voted in favor.
McCrea moved, Gustafson seconded, the motion to approve the
conditional use permit to allow a pylon sign on Lot 1, Block 1,
Michael R. Sill Addition located South of Silver Bell Road in the
Northeast Quarter Section of 29, as requested by the Tesseract
School, subject to the following conditions: (1) the one time sign
fee of $2.50 per square foot; (2) the sign plan be revised to
delete the telephone number. All voted in favor.
SPECIAL CITY COUNCIL MEETING
City Administrator Tom Hedges informed the Council that cities
with populations over 2,500 should comply with the 1988 legislation
regarding truth and taxation. He stated action should be taken at a
Special Council Meeting to be held on Thursday, July 27, 1989.
McCrea moved, Egan seconded, the motion to approve and
schedule a Special City Council Workshop for Thursday, July 27,
1989. All voted in favor.
PERSONNEL ITEM/TEMPORARY RECEPTIONIST
City Administrator Tom Hedges informed the Council that staff
recommended the hiring of Kimberly Rau as a temporary receptionist.
Egan moved, Wachter seconded, the motion to approve the hiring
of Kimberly Rau as temporary receptionist for the City of Eagan.
FINAL PLAT/PRETTYMAN HEIGHTS
Community Development Director Dale Runkle informed the
:ouncil that Mr. Prettyman had negotiations in place to acquire the
easements from Mr. DeLosh. He stated that the plat would not be
Page 19/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
released until the easements were obtained. Mr. Prettyman agreed to
the condition.
McCrea moved, Wachter seconded, the motion to approve the
final plat for Prettyman Heights and authorize the Mayor and City
Clerk to execute all related documents, subject to the final plat
not being released until all easements have been delivered to the
City. All voted in favor. R-89.39
CHANGE ORDER NO. 3/CONTRACT 88-23/CLIFF LAKE CENTRE - STREETS
Public Works Director Tom Colbert stated the revision was
necessary for the Rahncliff approval. He stated that two portions
relate to the trunk water improvements. He recommended approving
Schedules C, D and E at the present time and holding off on the
others until Project 564 was approved. He commented that the amount
had been revised downward to approximately $21,000.00.
Egan moved, Gustafson seconded, the motion to approve Schedule
C, D and E of Change Order No. 3 to Contract 88-23 (Cliff Lake
Centre - Streets) and authorize the Mayor and City Clerk to execute
all related documents. All voted in favor.
VISITORS/SKYLINE DRIVE/VIRM
Don Vimr, 1461 Skyline, informed the Council that his property
was appraised and put up for sale. He commented that Skyline was
being upgraded and that the proposed assessments were to be
approximately $30,000.00. He stated that the pending assessment had
caused two buyers to drop out and requested that each parcel be
reappraised. He felt the assessments should be recalculated as the
project may not be affordable. He remarked that the properties on
Skyline were in limbo and requested the total cost estimate for two
years. He pointed out that Minn. Stat. 429.051 states that there
must be a benefit to assess for improvements. He requested the
final figure.
Martin DesLauriers (realtor) informed the Council that the
property was listed as of June 5, 1989. He commented that the
escrow must be one and one-half to two times the amount of the
pending assessments and requested a reasonable figure. He commented
that the one and one-half acre lot was unlikely to be split.
Councilmember Egan explained this was an extremely unique and
serious situation. He felt the City must bite the assessment bullet
and commented that $27,000.00 seemed somewhat high. Public Works
Director Tom Colbert explained the formula.
Mr. DesLauriers felt the assessment should be $15,000.00 less.
Egan pointed out that the City could not assess for more than the
amount the land benefited from an improvement. Mr. DesLauriers
Page 20/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
reported to the Council that the Vimrs had lived in Eagan since
1959 and now wanted to move. Councilmember Egan stated he felt the
property must be appraised. Public Works Director Tom Colbert
commented that the final assessment was scheduled for 1990. City
Attorney Jim Sheldon explained the assessment procedure and why the
City could not assess early. He stated that the preliminary
appraisal showed that the costs were in line.
Councilmember Gustafson stated he felt Mr. DesLauriers was
informing the Council that "the assessment won't fly". He felt that
the appraiser could determine a preliminary benefit. Councilmember
Wachter stated that the Council could not pick and choose.
Councilmember Egan declared that all of the neighbors were in limbo
and that the Council should resolve the issue as quickly as
possible. Mayor Ellison informed the property owners that the City
would expedite the matter, but that it would continue through the
regular process. City Attorney Jim Sheldon informed the Council
that there was no basis for a lawsuit by Vimr against the City as
the City was proceeding reasonably.
STONEBRIDGE SECOND ADDITION/PROJECT 581/TRUNK STORM SEWER
Public Works Director Tom Colbert presented the petition to
the Council and requested authorization to prepare a feasibility
report and detailed plans and specifications.
Egan moved, McCrea seconded, the motion to receive the
petition and authorize the preparation of a feasibility report
together with detailed plans and specifications for Project No. 581
(Stonebridge Second Addition - Trunk Storm Sewer). All voted in
favor.
COUNCIL DISCUSSION
Community Development Director Dale Runkle stated there were
matters to be reviewed by the Council regarding Rahncliff 3rd
Addition. Mayor Ellison stated the matter might be reviewed at the
July 27, 1989 Council Workshop.
City Administrator Tom Hedges remarked that the Rahn Road
financing matter should be added to the Special Council Workshop
also.
City Administrator Tom Hedges informed the Council that
Diffley Road would be closed the 20th of July and reopened on
November 1st.
Public Works Director Tom Colbert stated that the Lexington
Avenue bids would be received on August 15th and predicted that no
road construction would occur this year.
Page 21/EAGAN CITY COUNCIL MEETING MINUTES
July 18, 1989
Councilmember Wachter requested staff to propose a water use
ordinance regarding air conditioning. Public Works Director Tom
Colbert stated that staff would provide the Council with the
information. There was further discussion regarding the water use
and the well project. Councilmember Gustafson stated he agreed with
a restriction of private wells, but felt the All Saints Lutheran
Church matter was a unique situation.
Wachter moved, Gustafson seconded, the motion to approve a
study regarding a water use policy. All voted in favor.
Councilmember Gustafson stated he had concerns regarding some
Council decisions in the recent past. As an example he pointed out
that he felt the Williams Pipeline drilled wells were a separate
issue from the church application. He also stated he felt personal
feelings regarding the Tesseract School marketing were interfering
with a decision by the Council. There was further discussion
regarding the Tesseract sign.
Mayor Ellison informed the Council that the Governor Task
Force would be meeting on Thursday, July 20, 1989.
CHECKLISTS
Councilmember Wachter had questions regarding the bills for
the television, shade tree and bike path. City Administrator Tom
Hedges stated staff would investigate the matter.
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated July 18, 1989, in the amount of $1,234,933.45. All
voted in favor.
ADJOURNMENT
Wachter moved, McCrea seconded, the motion to adjourn the July
18, 1989 City Council Meeting at 11:05 p.m. All voted in favor.
CITY OF EAGAN
By:
4E. Van ve beke
Cit Clerk