08/01/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
August 1, 1989
A regular meeting of the Eagan City Council was held on
Tuesday, August 1, 1989, 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
McCrea moved, Wachter seconded, the motion to approve the
agenda, subject to the following items being continued: Consent
Agenda - Item H (Final Plat - Cray 2nd Addition); Public Hearings -
Item B (Cedarvale Boulevard), Item C (Project 572 - Lexington Way),
and Item E (Diffley Road Vacation); Old Business - Item A (Park
Center Addition); and New Business - Item G (Ordinance Amendment -
Trail Dedication Requirements). All voted in favor.
MINUTES
July 18, 1989. Councilmember Gustafson requested the
correction on page 14, paragraphs 4 and 5, the second to the last
sentence, the word "vacancy" should be replaced with "occupancy".
Councilmember Egan requested an addition of a paragraph on
page 11 following paragraph 7 as follows:
"Staff was directed to prepare ordinance revisions to public
facility building standards in residential areas, or in the
alternative to consider a moratorium."
Councilmember Egan also requested the correction on page 15
regarding the Michael R. Sill Addition motion. "Egan" should be
replaced with "Ellison".
Public Works Director Tom Colbert requested the following
change on page 12, the last paragraph, the words "cross checking"
should be replaced with "monitoring", and on page 13, paragraph 2,
the correction of the spelling for "economical". He also requested
a change on page 13, paragraph 3, the last half of the paragraph
should read:
"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
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August 1, 1989
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."
Mayor Ellison also requested a change to the motion on page 13
regarding All Saints Lutheran Church. The motion should read:
"Gustafson moved, 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 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."
Gustafson moved, Wachter seconded, the motion to approve the
minutes for the July 18, 1989 regular Council meeting as amended.
All voted in favor.
DEPARTMENT HEAD BUSINESS/PARKS DEPARTMENT
ACQUISITION/DIFFLEY-LEXINGTON ATHLETIC SITE
City Administrator Tom Hedges introduced the matter to the
Council. Director of Parks and Recreation, Ken Vraa, further
described the location of the parcel.
Councilmember Egan asked if the price was comparable to the
previously approved 67 acre acquisition. Mr. Vraa responded that
the price was comparable at approximately $9,000.00. He explained
that the seller requested $7,500.00 with the City paying the taxes
and assessments.
Mayor Ellison asked if the proposed purchase was a key parcel.
Mr. Vraa responded affirmatively. Mayor Ellison questioned if there
were concerns regarding tax forfeiture. Mr. Vraa stated tax
forfeiture was a possibility.
Community Development Director Dale Runkle pointed out that
the property was zoned Multiple Residential and that the value of
the property would increase. Councilmember Wachter had concerns
regarding the development of a one-half acre parcel. He stated he
felt the price was expensive. There was further discussion
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August 1, 1989
regarding tax forfeiture, development of the property and the value
of the property.
Councilmember Wachter recommended a purchase price of
$7,500.00 with the seller paying the taxes and the City paying the
assessments. Community Development Director Dale Runkle stated
three townhouses could be constructed on the property.
The Council directed staff to negotiate the acquisition of the
parcel at the purchase price of $7,500.00, with the City paying the
assessments and the seller paying the taxes.
PARKS DEPARTMENT/ARCHITECTURAL SERVICES/PARK SHELTER
Parks and Recreation Director Ken Vraa updated the Council on
the matter.
Councilmember McCrea requested further information regarding
the architectural firm's fee. Mr. Vraa replied that it would be an
hourly fee which would not exceed 7% to 11% of the total project
cost. Councilmember McCrea stated the City should have a policy
regarding sole source competitive bidding. She favored requesting
proposals if time allowed. She requested staff search for local
companies which hired minority employees. Councilmember Egan agreed
with McCrea.
Mayor Ellison suggested using designs from previous buildings
and foregoing architects. Mr. Vraa stated there was a need for the
architects. Councilmember Gustafson stated that the City owned the
plans and that an architect should not charge for duplication.
McCrea moved, Egan seconded, the motion to authorize request
for proposals of architectural services to select an architectural
firm for the construction of park shelters and directing staff to
establish a policy determining when requests for proposals should
be required. All voted in favor.
FINANCE DEPARTMENT/RENEWAL/GENERAL INSURANCE AND
WORKERS' COMPENSATION
City Administrator Tom Hedges introduced the matter to the
Council. Jeff Bowers of First Insurance thanked the Council for the
renewal. He presented his recommendations to the Council and
answered questions regarding the insurance coverage.
Wachter moved, McCrea seconded, the motion to approve the
insurance renewal of First Insurance for July 1, 1989 through June
30, 1990. All voted in favor.
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August 1, 1989
DAKOTA COUNTY YARD WASTE BAN
Assistant to the City Administrator Jon Hohenstein answered
questions regarding yard waste disposal. Mayor Ellison reported
that haulers would still pick up yard waste but would charge for
the service. Councilmember McCrea commended City staff and the
Mayor on their concerns regarding the environment.
DEPARTMENT HEAD BUSINESS
Councilmember Wachter informed the Council he had received a
letter regarding construction problems with a developer. He stated
the matter had been turned over to Doug Reid.
Councilmember Egan informed Police Chief Geagan that several
cars were being displayed with "For Sale" signs. He urged
enforcement. Police Chief Geagan stated he would notify the patrol
officers.
CONSENT AGENDA
A. Personnel Items.
1. Police Officer.
It was recommended to approve the hiring of David Stubstad as
a police officer effective September 1, 1989.
2. Receptionist.
It was recommended to approve the hiring of the person
recommended for hire as of August 2, 1989, as receptionist for the
City of Eagan, subject to successful completion of the City's
physical examination requirement.
B. Renewal, Gambling License for Lions Club at Cedarvale
Lanes.
Councilmember McCrea requested the Eagan Lions Club report to
the City at the end of one year regarding the distribution of the
funds.
It was recommended to approve the gambling license renewal
application submitted by the Eagan Lions Club for the sale of
pull-tabs at Cedarvale Lanes.
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August 1, 1989
C. Supplemental Indenture, $20,460,000.00 Single Family
Mortgage Revenue Bonds Series 1980.
It was recommended to approve the resolution approving and
authorizing the execution of a second supplemental trust indenture
- $20,460,000.00 Single Family Mortgage Revenue Bonds Series 1980.
D. 1989 General Fund Budget Adjustment/Contributions.
Councilmember Wachter thanked the contributors on behalf of
the City.
It was recommended to approve the 1989 General Fund Budget
adjustments as presented.
E. Senior Citizen Deferment Application.
It was recommended to approve a senior citizen deferment on
Project 520, which installed the trunk utility improvements in the
Manor Lake Addition, for Ella and Otto Holz of 4665 South Robert
Trail.
F. Contract 88-18 for Thomas Lake Park Pavilion to Accept
Final Payment.
It was recommended to approve the final payment for Contract
88-18 to Astleford Construction, Inc. in the amount of $11,311.00.
G. Renewal, Janitorial Services for Park Shelter Buildings.
It was recommended to authorize the Mayor and City Clerk to
enter into a one year extension of an agreement for providing
janitorial and general clean-up within City parks by Dakota, Inc.
on an as-needed basis.
H. Final Plat, Cray 2nd Addition.
It was recommended to continue to the August 15, 1989, City
Council meeting the final plat for Cray 2nd Addition.
I. Contract 88-31, Final Payment/Acceptance (Well No. 12).
It was recommended to approve the seventh and final payment of
Contract 88-31 (Well No. 12) in the amount of $19,153.70 to Keys
Well Drilling, Inc. and accept the project for perpetual
maintenance subject to contractual warranty provisions.
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August 1, 1989
J. Approve 1990 Budget for Black Dog Lake Watershed
Management Organization.
It was recommended to approve the 1990 budget for the Black
Dog Lake Watershed Management Organization.
K. Project 582, Receive Petition/Order Feasibility Report
(Manor Lake 3rd and 4th Additions - Trunk Utilities).
It was recommended to receive the petition for Project 582
(Manor Lake 3rd and 4th Additions - Trunk Utilities) and authorize
the preparation of the feasibility report.
L. Receive Final Assessment Roll/Order Public Hearing (Dallas
Development 2nd Addition - Streets and Utilities).
It was recommended to receive the final assessment roll for
Project 495 (Dallas Development 2nd Addition - Streets and
Utilities) and schedule a public hearing to be held on September 5,
1989.
M. Receive Final Assessment Roll/Order Public Hearing
(Cutters Ridge Addition - Utilities).
It was recommended to receive the final assessment roll for
Project 512R (Cutters Ridge Addition - Utilities) and schedule a
public hearing to be held on September 5, 1989.
N. Receive Final Assessment Roll/Order Public Hearing
(General Electric Supply Company - Storm Sewer).
It was recommended to receive the final assessment roll for
Project 554 (General Electric Supply Company - Storm Sewer) and
schedule a public hearing to be held on September 5, 1989.
0. Project 577, Receive Feasibility Report/Authorize Public
Hearing (Rustin Road).
It was recommended to receive the feasibility report for
Project 577 (Rustin Road - Street Improvement) and schedule a
public hearing to be held September 5, 1989.
P. Contract 88-S, Final Acceptance (Town Centre 70 - Ninth
Addition - Storm Sewer).
It was recommended to accept Contract 88-S (Town Centre 70 -
Ninth Addition - Storm Sewer) for final acceptance, subject to
appropriate contract warranty provisions.
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August 1, 1989
Q. Contract 89-01, Receive Bids/Award Contract (1989 Seal
Coating).
Public Works Director Tom Colbert recommended the "chip" seal
coat. Mayor Ellison requested the amount be reduced to meet the
budget constraints.
It was recommended to receive the bids for Contract 89-01
(1989 Seal Coating) and award the contract to Astech for the
alternate bid not to exceed $150,000.00.
R. Vehicle No. 136, Approve Specifications/Authorize Bid
Solicitation (Public Work Street Crack Sealer/Melter/Applicator).
It was recommended to approve the specifications for Vehicle
No. 136 (Street Maintenance Crack Sealer/Melter/Applicator) and
authorize the solicitation of bids with a bid opening scheduled for
10:00 a.m. Friday, August 25, 1989.
Egan moved, McCrea seconded, the motion to approve the consent
agenda items as amended, and authorize their implementation. All
voted in favor.
VACATION/KINGSWOOD 2ND ADDITION
City Administrator Tom Hedges summarized the background
information for the Council.
McCrea moved, Wachter seconded, the motion to close the public
hearing and vacate the abandoned sanitary sewer easement within the
Kingswood 2nd Addition. All voted in favor.
VACATION/CEDARVALE BOULEVARD
Egan moved, McCrea seconded, the motion to continue the public
hearing for vacating a portion of Cedarvale Boulevard to the August
15, 1989 City Council meeting. All voted in favor.
PROJECT 571/CRAY ADDITION/STORM SEWER
Wachter moved, Gustafson seconded, the motion to continue the
public hearing for Project 571 (Cray Addition - Storm Sewer) to the
August 15, 1989 City Council meeting. All voted in favor.
PROJECT 572/LEXINGTON WAY/STREET AND TRUNK WATERMAIN
City Administrator Tom Hedges updated the Council on the
matter. Public Works Director Tom Colbert informed the Council the
street improvement did not address the cul-de-sac question. He
recommended continuing the matter to the August 15, 1989 City
Council meeting.
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August 1, 1989
.^r4
Bob Frigaard (OSM) presented the feasibility report to the
Council. He outlined the cost and the proposed assessments.
Public Works Director Tom Colbert informed the Council that
the proposed improvement was initiated by staff as Lexington Way
was in a poor condition. He stated the church property and the
Soderholm property were both capable of being developed and that
the watermain was being installed now. He suggested discussing the
project concurrent with the church development proposal which will
be on the August 15, 1989 Council agenda.
Councilmember Egan felt it was dangerous to allow Lexington
Way to connect to Lexington upon the upgrade. He stated he had
presumed Lexington Way would be a cul-de-sac and pointed out he
favored the cul-de-sac proposal.
Public Works Director Tom Colbert reviewed the history of the
road. He reported that the length of the cul-de-sac would be 1,100
feet. He informed the Council that the church had concerns
regarding a public street constructed through the middle of its
property. He commented that the Soderholm proposal provided access
to the property through the Soderholm piece which would have
allowed the Lexington Way/Lexington access to remain open. The
:hurch currently opposes the cul-de-sac.
Councilmember Egan stated the City must "bite the bullet" or
the land would not develop. He felt there should be an overall plan
for the entire parcel. Councilmember Wachter pointed out that the
only reason the Soderholm proposal was not approved was because of
the use. He was not in favor of the cul-de-sac as he felt it was
too long.
Gary Fuchs (representative for Lexington Way residents)
favored a cul-de-sac. He stated there would be either one or two
accesses off of Lexington depending upon the Soderholm development.
He pointed out that access to the Soderholm property is available
off Diffley and Lexington Way. He stated that Lexington Way was a
dangerous shortcut and that closing it was a safety factor. He
informed the Council the residents were concerned regarding the
assessments. He agreed with Mr. Colbert's request to continue the
matter to the August 15, 1989 Council meeting.
Jim Haaglund (Covenant Church) stated that access through the
church property would destroy the value of the property. He
informed the Council the church had worked with the Soderholm
developers. He had concerns regarding the ability to build the
church with access off Diffley only. He supported the access onto
Lexington from Lexington Way. He felt the cost of the improvement
would not benefit the church and stated that the neighbors would be
isolated. He requested that the development of the church be a
separate item from this issue.
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August 1, 1989
Councilmember Gustafson asked if the church would agree to a
cul-de-sac if access came from the Soderholm property. The
developer stated they would agree if it happened in the near
future, or in the alternative, give the church access across from
the apartments.
Don Warkentien (neighbor) reported that the City recommended
the cul-de-sac because of the dangerous intersection. He stated he
did not want to obstruct the church construction.
Wes Schmid (neighbor) pointed out that the intersection was
dangerous as there is a problem with speeding.
Joe Krisnik, 4195 South Lexington Way, favored the upgrading
to Lexington Way and further favored the cul-de-sac.
Dave Vogt, 4115 Lexington Way, favored the cul-de-sac for
safety reasons.
The developer requested a guaranteed access across from the
Episcopalian Church if Lexington Way ended in a cul-de-sac.
Councilmember Gustafson felt it made sense to construct a
cul-de-sac and establish access through the Soderholm property. He
pointed out that the length of the cul-de-sac was long. He
questioned the potential of development on the west side of
Lexington Way cul-de-sac.
Public Works Director Tom Colbert explained the access
considerations. Councilmember Gustafson asked if a temporary access
would be feasible should the access be constructed across from the
apartments and the cul-de-sac was constructed. Mr. Colbert stated
that the County may allow a temporary access under those
conditions. Councilmember McCrea felt it made sense. Mr. Colbert
pointed out it was premature to construct the Soderholm access
until the development of the property.
Councilmember Wachter stated he felt the north access onto
Lexington was better than the south onto Diffley. He had concerns
regarding the cost of the cul-de-sac and stated that the parcel
would be better served by not constructing the cul-de-sac. Public
Works Director Tom Colbert pointed out that the access onto Diffley
would only be used by people going west and that the other traffic
would use the temporary access onto Lexington. Bob Frigaard
explained the cul-de-sac costs. Councilmember Egan questioned the
length of the cul-de-sac. Mr. Frigaard replied that the length of
the cul-de-sac would be 600 feet to 700 feet. Councilmember Egan
was in favor of a cul-de-sac with the church access. Councilmember
Wachter recommended the review of the church proposal by the
Council before acting upon this item. Mayor Ellison expressed his
opinion that the Council could give direction at the August 1,
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August 1, 1989
1989, meeting. He was in agreement with the cul-de-sac solution and
urged providing a temporary access for the church. He had no
concerns regarding the length of the cul-de-sac. Councilmember Egan
was in agreement with Mayor Ellison.
Egan moved, McCrea seconded, the motion to close the public
hearing and approve Project 572 (Lexington Way - Street and Trunk
Watermain) and authorize the preparation of detailed plans and
specifications, subject to the design including a cul-de-sac with a
temporary cross-easement connection and temporary access across
from the apartments. Gustafson, Ellison, Egan and McCrea voted in
favor; Wachter voted against.
VACATION/DIFFLEY ROAD
Gustafson moved, Egan seconded, the motion to continue the
public hearing until the September 5, 1989 Council meeting to
consider the vacation of abandoned County right-of-way (Diffley
Frontage Road - West of Pilot Knob Road). All voted in favor.
PARK CENTER ADDITION
Gustafson moved, McCrea seconded, the motion to continue until
the August 15, 1989 City Council meeting the Comprehensive Guide
Plan amendment changing the land use designation from D-III to CPD,
a rezoning from Agricultural to Planned Development, a preliminary
plat consisting of 6 lots and a conditional use permit for pylon
signs located along the north side of Cliff Road (Park Center
Addition). All voted in favor.
STRYKER ADDITION/PRELIMINARY PLAT
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle presented the
staff report and background regarding the matter. He informed the
Council that the Advisory Planning Commission recommended approval
subject to eight conditions.
Dave Grannis (attorney for applicant) informed the Council
that the property was fully developed and there was a need, because
of a potential sale, for two separate tax parcels. He was unsure of
the full economic impact of the conditions upon the applicant. He
requested a continuance of the matter for one month for review of
the Advisory Planning Commission conditions.
Councilmember Egan announced that the Council could approve
the continuance and if the applicant desired to withdraw the matter
from the Council agenda, it could do so at a future date. Attorney
Grannis asked if the applicant could be put on the agenda at a
future date to request condition changes. Councilmember Egan
informed Mr. Grannis that the applicant had that right. Mayor
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August 1, 1989
Ellison asked if the applicant approved of the conditions. The
applicant renewed his request for a continuance. Councilmember Egan
felt there was not a need for a continuance as there had been
sufficient time since the Advisory Planning Commission meeting. The
applicant informed the Council that he had been in receipt of the
Advisory Planning Commission minutes for only three days and had
not received the Council notice until the previous week. He
acknowledged that staff is extremely busy. Councilmember McCrea had
no concerns regarding a continuance but did want the conditions met
by the applicant. Councilmember Gustafson was in agreement with
McCrea. He felt the Council should approve the matter and let the
applicant return to the Council for minor modifications. The
applicant stated he had no problem with the Council's approach.
City Administrator Tom Hedges recommended the applicant waive the
120-day requirement if the matter was continued.
McCrea moved, Egan seconded, the motion to approve the
preliminary plat entitled Stryker Addition consisting of two lots
on 3.88 Community Shopping Center zoned acres with existing
buildings located at the south intersection of Beau D'Rue Drive and
Rahn Road in the northeast quarter of Section 19, as requested by
DCR Company, subject to the following conditions:
1. All applicable standard plat conditions shall be adhered to.
2. A survey of the residual unplatted area shall be submitted
with the final plat submission for the parcel file.
3. Cross ingress/egress and parking easements shall be
submitted with the final plat.
4. The parking lot shall have a 20 foot setback along the
public streets and shall be resurfaced and striped and shall have
concrete cubs.
5. The current overgrown shrubbery shall be trimmed, removed
or replaced. Understory trees and shrubs should be planted to
screen the parking area.
6. The trash containers should be enclosed in a structure
attached to the building and constructed of similar materials as
the building. The back wall and the air conditioning units should
be covered and the ice cooler should be removed.
7. The liquor store lot should be cleaned, the weeds removed
and it should be either seeded or sodded.
8. The adjoining parking lot should be resurfaced and striped.
All voted in favor.
SEE PLAT FILE
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August 1, 1989
SENECA WASTE WATER TREATMENT PLANT/BETTY BASSETT
City Administrator Tom Hedges reviewed the background
information for the Council and referenced various memos by the
staff regarding the matter.
Betty Bassett read a paragraph from her letter regarding the
lift and metering station. She played a tape from the odor meeting.
She informed the Council the shaft had been repaired and the smell
was down. She stated the lift station and the metering station were
not being enlarged. She asked who had approved the change of plans.
She requested the City ask MWCC to install its original proposal.
Mike Corbet, 2125 Wuthering Heights, had concerns regarding
his own well going dry. He stated he felt it was a waste of water
and informed the Council it was hurting him financially as two
million gallons of water were being pumped away every day.
Mayor Ellison asked if the City could regulate the water
pumping. Public Works Director Tom Colbert replied that the DNR
issued the permits and that the City did not regulate the water
pumping.
Councilmember Wachter asked if the water pumping was a
permanent situation. Ms. Bassett stated that Seneca was pumping
200,000 gallons a day at the present time and that by the fall they
would be requesting two million gallons a day, at which time it
would be a permanent situation.
Gordy Eistad informed the Council he had lost his well on July
15 and that the Seneca plant offered to either drill a well or hook
him up to the City water and sewer. He stated Seneca had sent
drinking water and felt they had acted decently in the matter.
Mary Ramrod, 3785 Nicols Road, had concerns regarding the MPR
radio towers in the scenic easement. Community Development Director
Dale Runkle pointed out that a public hearing would be held before
the Advisory Planning Commission on August 27, 1989.
Ms. Bassett felt there was bad faith on the part of the Seneca
plant and that Eagan should not consider the matter. City
Administrator Tom Hedges stressed that the City had not prompted
the application by Seneca but that Seneca had a right to apply.
Al Ehrens, 2133 Silver Bell Road, reported odor problems and
felt the MWCC could control the odors. He had concerns regarding
his land collapsing due to the de-watering.
Ms. Ramrod stated that the MWCC had not acquired the proper
fill permits from the Army Corps. Mr. Hedges stated staff would
investigate the matter.
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August 1, 1989
John Wesley, 1747 Bluebill, reported that the MWCC was going
to the legislature to request increased de-watering. He stated
there was a need for an environmental conciliator to take the
burden from the City. He pointed out that de-watering was covered
under the City's zoning ordinance. City Administrator Tom Hedges
explained that the MWCC stated the bids were too high, but there
was no mention of project cut back. The MWCC also would like an
environmental conciliator. He commented it may be worth the City
pursuing an environmental conciliator. Mr. Wesley recommended Becky
Comstock.
Ms. Bassett requested that someone in the City Hall be aware
of the environmental law. Councilmember McCrea requested staff
review the de-watering issue and to work with the DNR to
investigate the impact. Councilmember Wachter agreed with McCrea's
request and stated it was disturbing news. He had concerns
regarding the impact on the wells. Councilmember Egan agreed and
felt some action should be taken.
Public Works Director Tom Colbert informed the Council that
the action had been anticipated and that a condition in the
agreement requires the MWCC to hook up residents to City water if
the wells go dry. He stated it was not a hazard as the wells are
shallow and that the water flows to the Minnesota River. He
emphasized there was no need for alarm.
Councilmember McCrea asked why the DNR required a special
permit. She requested staff report back to the Council as she
wanted to know if the agreement was working.
Public Works Director Tom Colbert explained that one City well
pumps approximately 1.2 million gallons a day. He stressed that the
agreement had been adequate and provided methods to resolve
problems.
Councilmember Egan announced he had spoken to Ray Paine of the
MWCC who had confirmed the resident and other memo information. He
had concerns regarding paragraph 3.2c of the agreement and
questioned if the City could monitor a default of that section.
City Administrator Tom Hedges replied that the City was not
prepared to address the issue and that additional information
should be pursued. He informed the Council he had not yet reviewed
the Voss letter. Councilmember Egan had concerns regarding the
scenic easement.
Councilmember McCrea had concerns and stated that everyone had
a right to apply to the Council. She was committed to the scenic
easement but opposed to pre-judging. Councilmember Egan stated
there was not prior constraint and that there was only a symbolic
show of support. Mayor Ellison pointed out that the applicant could
come before the Council and plead its case. Councilmember Gustafson
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August 1, 1989
agreed with the Mayor but had reservations regarding conditions on
the Council's decisions subject to the neighbors approval.
Egan moved, Wachter seconded, the motion not to amend the use
of the scenic easement, without the strong approval and support of
the surrounding residents for the MPR tower application. Egan and
Wachter voted in favor; McCrea, Ellison and Gustafson voted
against. The motion failed.
RELIANCE REAL ESTATE SPECIAL USE PERMITS/
TEMPORARY ADVERTISING SIGNS
Community Development Director Dale Runkle summarized the
applications for the Council. The applicant, Tim Nesvold, was
present at the meeting. He informed the Council he was unaware of
the ordinance before he erected the signs.
Councilmember McCrea asked for the timeframe. The applicant
responded the timeframe was between 3 and 12 months. Mayor Ellison
asked if any of the owners of adjacent properties had concerns. The
applicant stated he was not aware of any problems.
McCrea moved, Gustafson seconded, the motion to approve a
Special use permit for Reliance Real Estate for a temporary
advertising sign located at the northeast quarter of Section 19.
1. The signs shall be subject to a one-time sign permit fee of
$2.50 per square foot.
2. The signs shall meet setback requirements.
3. The temporary advertising signs shall be permitted for one
year from the date of approval (August 1, 1990).
Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
McCrea moved, Gustafson seconded, the motion to approve a
special use permit for Reliance Real Estate for a temporary
advertising sign located north of Highway 13 in Section 19.
1. The signs shall be subject to a one-time sign permit fee of
$2.50 per square foot.
2. The signs shall meet setback requirements.
3. The temporary advertising signs shall be permitted for one
year from the date of approval (August 1, 1990).
Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
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August 1, 1989
Councilmember Egan suggested issuing a double sign fee for
people requesting a special use permit after the fact.
Councilmember McCrea stated that every City has different
requirements.
FAIRVIEW DEVELOPMENT COMPANY/CONDITIONAL USE PERMIT/
PYLON SIGN
City Administrator Tom Hedges briefed the Council regarding
the conditional use permit. Community Development Director Dale
Runkle gave a review of the application. Ray Peren (Fairview) was
present at the meeting. Councilmember Egan questioned the size of
the sign.
Gustafson moved, Egan seconded, the motion to approve a
conditional use permit for a freeway pylon sign as requested by
Fairview Development Company to be located adjacent to I-35E in the
southwest corner of the lot, subject to the following conditions:
1. The sign shall be subject to a one time sign fee of $2.50
per square foot.
2. All trash containers shall be contained within the building.
3. The fabric sign shall be removed.
All voted in favor.
HOOVESTAL/CONDITIONAL USE PERMIT/TRUCK AND TRAILER SALES
City Administrator Tom Hedges summarized the application for
the Council. Community Development Director Dale Runkle updated the
Council.
Wayne Hoovestal (applicant) informed the Council the requested
permit was for trucks and trailers. Councilmember Wachter asked if
eight items were enough. The applicant replied affirmatively.
Wachter moved, Gustafson seconded, the motion to approve a
conditional use permit to allow the sale and lease of used trucks
and trailers as a secondary use on Lots 3 and 4, Eagandale Center
Industrial Park No. 2, subject to the condition that no more than
eight semi-trucks and/or trailers for sale or lease shall be
on-site at one time. All voted in favor.
WEST PUBLISHING THIRD ADDITION/PRELIMINARY PLAT
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle provided an
application summary and the background on the matter. He outlined
the staff report.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
Councilmember McCrea questioned the rezoning. Mr. Runkle
explained the process.
Steve Bryant (West Publishing) was present at the meeting. He
informed the Council that West was working on an overall site plan.
Councilmember Egan asked what percentage of West Publishing
would be operating in Eagan. Mr. Bryant responded that 50% of staff
and all production would be in Eagan. He stated a master plan would
probably be presented by September. Mayor Ellison welcomed the
expansion of West Publishing in Eagan and stated it was good news
for Eagan as West was a good corporate citizen.
Gustafson moved, Egan seconded, the motion to approve a
preliminary plat of 14.5 Light Industrial acres for an office
building use located north of Wescott Road and west of Highway 149
in the southwest quarter of Section 13, known as West Publishing
Third Addition, as requested by West Publishing Company, 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,
B1, B2, B3, B4, C1, C2, C4, C5, D1, El, and G1.
2. All trash shall be either contained within the building or
enclosed in an attached structure constructed of the same material.
3. All rooftop mechanical equipment shall be suitably screened.
4. The Agricultural parcel issue shall be resolved by the end
of 1991 by either a Planned Development Agreement or the City
rezoning the property. Said rezoning by the City shall not be
objected to by West Publishing Company.
All voted in favor. SEE PLAT FILE
PEACEFUL HEIGHTS 2ND/PRELIMINARY PLAT
City Administrator Tom Hedges introduced the matter. Community
Development Director Dale Runkle recapped the staff report. Mr.
Hedges pointed out that options should be kept open for the ponding
in the drainage area. Public Works Director Tom Colbert requested a
modification to condition number 5.
Gustafson moved, McCrea seconded, the motion to approve a
preliminary plat consisting of 12.68 Public Facility acres for a
church expansion located along Glory Drive west of Nicols Road in
the northwest quarter of Section 30, known as Peaceful Heights 2nd
Addition as requested by Peace Reform Church, subject to the
following conditions:
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
.~d
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al,
Bi, B2, B4, C1, C2, C4, C5, D1, El, F1 and Gi.
2. All conifers must be six feet tall and additional
landscaping along the highway and also along the south property
line must be provided.
3. All trash shall be contained within the building or the
enclosure shall be attached to the building and constructed of the
same materials as the building.
4. The proposed ponding area is limited to a 1.4 cfs outlet.
5. The development is required to provide adequate ponding to
accommodate the natural drainage or on-site drainage associated
with this plat.
6. The development will be required to provide additional
hydrant coverage as required by the Fire Mashall.
7. The volkswagan van shall be removed from the property.
Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
SEE PLAT FILE
ORDINANCE AMENDMENT/TRAIL DEDICATION REQUIREMENTS
City Administrator Tom Hedges explained the ordinance
amendment as proposed.
Councilmember McCrea recommended review by the Developers'
Task Force. Mr. Hedges suggested a 30 day continuance to the
September 5, 1989 City Council meeting.
McCrea moved, Gustafson seconded, the motion to continue to
the September 5, 1989 City Council meeting the amendment to the
City Code, Chapter 13 for adoption of the park and trail dedication
policy, to allow review by the Developers' Task Force. All voted in
favor.
FAIRWAY HILLS/REQUEST FOR COST PARTICIPATION
Public Works Director Tom Colbert presented the background
information and stated staff had not given any approval to the
request. He informed the Council the developer had installed the
retaining wall at its expense.
Al Herrmann (Fairway Hills) stated he had tried to obtain help
from the City staff and informed the Council he was not asking for
the City to pay for the errors. He requested the same treatment any
Page 18/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
other citizen. He felt the staff report was self-serving. He
informed the Council that Roger Derrick and Bill Mauer were present
at the meeting.
Bill Mauer felt the matter should have been resolved at staff
level. He commented on the Foertsch letter. He pointed out the
design was made in 1986 and it was intended to build the frontage
road but that the County had cut off 100 feet of frontage and left
only 10 feet. He pointed out that the letter dated March 22, 1988
was regarding Fairway Hills 2nd Addition and not the addition in
question. He stated the retaining wall was too close to the
frontage road and that the road had not been changed since 1986. He
passed out the County plans and stated the plans had been changed -
the 1987 plans differed from the 1989 plans. He commented that
there is now a retaining wall. He reiterated that the developer
requested the same consideration as other citizens and pointed out
the other differences. He reported that the current problem was
that the retaining wall was too close to the curb and that
construction had been stopped to resolve the problem. He stated
additional costs in design and the utility relocation would be
entailed to revise the plans. He stated that the developer had
submitted detailed drawings and as a resident of Eagan for 14
years, he felt staff was unwilling to cooperate. He threatened
litigation.
Roger Derrick said he was involved with the project from the
beginning. He stated City and County approval had been received in
1986 and that the 1st Addition was built in 1987. He pointed out
that the Pilot Knob upgrade created the necessity for the retaining
walls. He commented that he would not do it on his subdivision. He
pointed out that the retaining wall was built to prevent collapse
as the City would not allow a service road. He requested that the
expenses that resulted from the County project be paid by the
County project. He emphasized that it was constructed at the City's
request.
Al Herrmann gave an example of the problem and alluded to a
private driveway connection. He requested the retaining wall, the
guard rail, the redesign, and the easements be paid as a part of
the project. He felt the costs should be an assessment. He
commented that errors had been made and explained that he had hoped
his entire letter would have been reprinted in the packet. He asked
the Council to be the judge.
Public Works Director Tom Colbert asked Mr. Herrmann for the
bottom line. Mr. Herrmann responded $20,000.00 to $30,000.00 above
and beyond the expenses. He felt it should be included in the
project and spread as an assessment over the entire project area.
Mr. Derrick stated the County should pay the costs. Mr.
Colbert stated the County Commissioners should address the issue as
Page 19/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
the County had determined it to be an unassumed cost. He stated if
the County did assume the costs, the City would pay through a cost
sharing agreement. However, the City would have to pay 100% if the
County did not participate.
Mayor Ellison asked if it was a condition of the preliminary
plat approval. Mr. Colbert responded affirmatively. He pointed out
the developer was required to install all local streets at 100% of
the cost and that the retaining wall was a response to the
developer's design. He pointed out the developer had a design
option to lower the street. He reported that the developer's
engineer had yet to submit adequate design plans. He felt the City
was being asked to compromise its position because of the
developer's design. He had concerns regarding safety. He pointed
out the catch basins could be readjusted. He indicated the plans
had never been approved and stated the City required proper
construction. He informed the Council that the developer had always
been made aware of its obligations and that the frontage road was
rough graded. He explained that staff was responding to the
developer but that the answer they were giving was not what the
developer wanted to hear. He reiterated the plans had never been
approved.
Mr. Herrmann asked why the utilities were installed if there
were no approved plans. Mr. Colbert explained that phase 2 had not
been approved. Councilmember Egan asked how much had been
constructed that had not been approved. Mr. Colbert explained the
end of construction.
Mayor Ellison expressed the following three points: (1) the
required frontage road was a condition of plat approval; (2) the
ball is in the County's court; and (3) the Council required legal
advice before taking any action.
Councilmember McCrea indicated a need to review the matter
with the County before City participation as there was a need to
clarify the contentions. She recommended Mr. Colbert review the
matter with Mr. Hedges to present a report concerning the situation.
Councilmember Egan remarked there appeared a difference of
opinion as to what had or had not been approved. He requested
further information and expressed his opinion that the applicant
should approach the County.
Public Works Director Tom Colbert explained that the frontage
road had to be built and that the delay could cause problems. He
urged proceeding with the construction and keeping track of the
costs. He stated proper plans should be submitted and that
assistance could be given in obtaining the easement, other than the
cost participation. City Administrator Tom Hedges requested
continuing the matter to the September 5, 1989 City Council
Page 20/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
meeting. He asked if there were any questions regarding the
engineering standards. Mr. Mauer had concerns regarding the
acceptable distance for the guardrail.
Egan moved, Wachter seconded, the motion to continue to the
September 5, 1989 City Council meeting the developer's request for
a City/County financial participation for the Fairway Hills
frontage road along Pilot Knob Road between Camelback Drive and
Interlochen Boulevard, to allow the developer to approach the
County Commissioners and present its case and to allow staff to
analyze the engineering and legal issues. All voted in favor.
MULTI FAMILY HOUSING REVENUE BONDS/FOREST RIDGE APARTMENT PROJECT
City Administrator Tom Hedges introduced the matter and
presented a letter to the Council from Dan Gustafson. He informed
the Council that certain improvements were required and that the
documents were in order.
Dan Gustafson informed the Council he had met with staff and
understood the requirements.
Councilmember McCrea questioned the percentage which would go
into renovation. Mr. Gustafson was unsure of the cost but stated
the project was currently losing money. Councilmember McCrea asked
if it would lower the rents. Mr. Gustafson replied negatively and
explained it was because of the market. He pointed out that the
project had provided low income housing and that the interest rate
was lower with the tax-free bonds. Mayor Ellison reported that the
vacancy rate in Eagan at the present time was 3%.
Egan moved, Wachter seconded, the motion to approve the
resolution for the re-issuance of Multi Family Housing Revenue
Bonds to refinance the Forest Ridge Apartment project, subject to
the following conditions:
1. Restain the exterior of all buildings.
2. Replace or repair sidewalk as necessary on Denmark and
Duckwood.
3. Bring property up to current landscaping standards for the
City of Eagan.
4. Install lawn irrigation system.
All voted in favor.
Page 21/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
SALE OF 1977 CORVETTE
Egan moved, McCrea seconded, the motion to approve the sale of
the 1977 Corvette that was declared surplus property to the high
bidder, Bill Pluta, in the amount of $5,009.00. All voted in favor.
BUSINESS, INK. MAGAZINE/EAGAN AD
City Administrator Tom Hedges explained the request to the
Council and stated that the dollars were available. Mayor Ellison
expressed his opinion that the City of Eagan did not need the
advertising. Councilmembers Egan and Wachter agreed with the Mayor.
Councilmember McCrea felt some advertising was necessary to help
the existing businesses. She pointed out that the magazine was not
dated and could be used to notify people about Eagan. City
Administrator Tom Hedges reported that at the last economic
development meeting, the magazine concept was reviewed.
Wachter moved, Egan seconded, the motion to deny the request
for an advertisement in Business, Ink. magazine. All voted in favor.
RESOLUTION RESCINDING WAIVER OF PLAT/LOT 14, TREFFLE ACRES
Egan moved, Wachter seconded, the motion to approve a
resolution rescinding Document No. 483435, the January 4, 1977,
action of the City Council regarding building permits for Lot 14,
Treffle Acres. All voted in favor. R-89.41
VISITORS/ARGUS DEVELOPMENT
Brian Olson (Director of Land Development - Argus Development)
requested two building permits for model homes prior to final plat
approval of the Cliff Ridge development. He stated the developer
had a good reputation and that the plans had been reviewed by the
Building Department and approved. Mayor Ellison asked if the matter
was to be heard on the August 15, 1989 City Council agenda.
Community Development Director Dale Runkle stated that the August
15, 1989 City Council meeting would be the earliest that the matter
could be heard by the Council. He explained the ordinance
prohibiting model homes. Councilmember McCrea pointed out that the
development would not make the Parade of Homes. Mayor Ellison
recommended standing behind the staff's judgment. No action was
taken on the matter.
VISITORS/ENRON
Gary Fuchs informed the Council he was working with Mr.
Colbert and Mr. Runkle to reach a compromise regarding the Enron
project. He stated the pipeline was an interstate pipeline and that
federal regulations required a security fence. He pointed out the
Page 22/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989 '
period of time had expired and suggested a temporary six foot woven
wire fence to comply with federal regulations. He reported that the
fence would be built in such a fashion to try to comply with the
Council but would remove the fencing if Council disapproved. City
Administrator Tom Hedges recommended communication with the
neighbors to alert them of the conditions.
COUNCIL DISCUSSION
Community Development Director Dale Runkle referenced the memo
regarding the Stratford Oak changes.
Public Works Director Tom Colbert informed the Council that
the request for proposals for the new water treatment plant was
mailed out and asked if there was Council interest in being on a
team. Councilmember Wachter requested one extra proposal and stated
the Council trusted staff's judgment.
City Administrator Tom Hedges explained to the Council his
attempts to avoid non-action items such as the Seneca matter. He
informed the Council there had been a very strong request to appear
at the meeting regarding Seneca. He asked where the item should
have appeared on the agenda. He suggested the matter being placed
ander "Additional Items". The Council concurred with Mr. Hedges.
Councilmember Egan asked if the Seneca minutes were always so
detailed. Mr. Hedges said no.
City Administrator Tom Hedges reported there had been
discussions regarding Rahn Road and the tax capacity. He will
update Councilmembers Gustafson and McCrea regarding the matter.
City Administrator Tom Hedges indicated that a thank you note
had been received from Gene VanOverbeke.
City Administrator Tom Hedges explained to the Council that
regarding the Al Herrmann presentation, Public Works Director Tom
Colbert was responsible for a great deal of infrastructure in the
City of Eagan. He stated Mr. Colbert had done a commendable job and
that there were no hard feelings amongst the Engineering Department
for private engineers. He emphasized that the matter would be
researched objectively.
Mayor Ellison reported that the Miss Eagan Pageant went well.
Councilmember Egan expressed his appreciation of the way the
Herrmann issue was handled. He requested some forewarning to the
Council for first time issues.
Councilmember Egan had concerns regarding the Cedar Grove
resurfacing. Mr. Hedges addressed the concerns.
Page 23/EAGAN CITY COUNCIL MEETING MINUTES
August 1, 1989
CHECKLIST
Wachter moved, Egan seconded, the motion to approve the
checklist dated August 1, 1989, in the amount of $639,612.12. All
voted in favor. and dated July 31,1989, in the amount of $1,609,610.98.
ADJOURNMENT
McCrea moved, Gustafson seconded, the motion to adjourn the
August 1, 1989, City Council meeting at 12:05 p.m. All voted in
favor.
CITY OF EAGAN
WMILI
E. VanOverbeke
City Clerk