09/05/1989 - City Council Regular
Page 10/EAGAN CITY COUNCIL MINUTES
September 5, 1989
VACATION/CEDARVALE BOULEVARD/PORTION OF RIGHT-OF-WAY
City Administrator Tom Hedges recommended continuing the
matter to October 5, 1989 to allow the petitioner to obtain an
executed agreement.
Gustafson moved, Egan seconded, the motion to continue to the
October 5, 1989 City Council meeting the public hearing to vacate a
portion of Cedarvale Boulevard. All voted in favor.
VACATION/BLACKHAWK PONDS ADDITION/ACCESS EASEMENTS
City Administrator Tom Hedges recapped the matter for the
Council. Public Works Director Tom Colbert explained the necessity
for the vacation.
Gustafson moved, Egan seconded, the motion to close the public
hearing and approve the vacation of the access easement across Lots
12 and 13, Block 1, Blackhawk Ponds Addition and authorize the
Mayor and City Clerk to execute all related documents necessary for
recording at Dakota County. All voted in favor.
VACATION/PONDVIEW ADDITION/DRAINAGE AND UTILITY EASEMENT
City Administrator Tom Hedges summarized the matter for the
Council. Public Works Director Tom Colbert explained the nature of
the vacation. He stated the shopping center would be over the
easements and that there were utilities present. He stated the
utility companies requested relocation guarantees and cost
reimbursement. He recommended continuing the matter to the
September 19, 1989 City Council meeting.
Gustafson moved, Wachter seconded, the motion to continue the
public hearing for the vacation of drainage and utility easements
within the Pondview Addition to the September 19, 1989, City
Council meeting. All voted in favor.
FAIRWAY HILLS 1ST AND 2ND ADDITIONS/REQUEST FOR COST PARTICIPATION
Egan moved, Gustafson seconded, the motion to continue the
matter to a later time at the meeting. All voted in favor.
KENNEALY ADDITION/PRELIMINARY PLAT/
STORM SEWER-PONDING REQUIREMENTS
City Administrator Tom Hedges presented the background
information. Councilmember Egan questioned if staff had responded
to Attorney Gross. Public Works Director Tom Colbert stated that
the City's position was made clear at the prior meeting.
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September 5, 1989
Mayor Ellison requested a recap of the previous discussions.
Mr. Colbert recapped the previous Council discussions and the
current staff report. He stated that Pond AP-8 was on the
Comprehensive Storm Sewer Plan. He outlined the drainage district.
He reported that 2.6 acre feet would meet the Kennealy drainage
needs. He explained that the preliminary plat showed a rectangular
pond of .92 acres necessary per the drainage and grading plans. He
recapped Attorney Gross' conditions and staff's response.
Mayor Ellison asked if the policy was consistent with past
requirements. Mr. Colbert responded yes and that it was less than
some other developments. Councilmember Egan had questions regarding
the excess drainage. Mr. Colbert stated it was not yet identified.
Egan questioned if the City was being boxed in. Mr. Colbert stated
the City had several options including acquiring from Kennealy.
Loren Gross (Attorney for Kennealy) referenced an April 10,
1978 letter from Ed McMenomy. He stated that the current dedication
reduced the acreage of the property to 7.65 acres, including the
road expansion. He felt 12% was not a reasonable amount and
informed the Council that the owner had lost purchasers for the
property. He referenced condition number 4 regarding fencing. He
stated that monetary compensation was only a partial compensation.
He felt the dedication could have been taken care of one year ago
and requested the City treat his client fairly.
Councilmember Egan commented that the City was dealing with
detailed engineering matters and acre feet. He felt the percentage
was irrelevant and that the City should depend on the topography.
Public Works Director Tom Colbert explained the minimum and
maximum depth. City Attorney Jim Sheldon reported that the City was
entitled to "reasonable dedication" and that each City had its own
guidelines. He explained that based on engineering data, the City
could conclude that it was reasonable. He further explained that if
the City believed each piece was reasonable, that the total
dedication was reasonable.
Mr. Gross informed the Council that Mr. Kennealy had already
paid for the storm sewer assessment. Public Works Director Tom
Colbert pointed out that the outlet to the storm sewer was
provided. Mayor Ellison remarked that the City had given firm
numbers and that it was up to the owner to deal with them and relay
them to future buyers.
Mr. Gross stated that the amount requested was for high value
land. He questioned the overland drainage. Councilmember Wachter
questioned the original size. Mr. Gross stated it was 25 acres and
that most of it was taken for Highway 77. Mr. Wachter felt that the
pond could be an amenity to the property. Mr. Gross agreed but
explained that Mini Storage did not need a pond. Mr. Kennealy
Page 12/EAGAN CITY COUNCIL MINUTES
September 5, 1989
reported that there was nowhere near five feet of water in the
past. Mr. Colbert stated that the City was anticipating full
development.
Councilmember Gustafson asked what would prevent the owner
from filling in a man-made pond. Mr. Colbert pointed out that the
owner would need a fill permit. Councilmember Egan remarked that
there did not seem to be much of a disagreement. Mr. Gross stated
his client requested monetary compensation. Councilmember Gustafson
concurred with legal counsel in that the amount was reasonable.
Egan moved, McCrea seconded, the motion to approve and adopt
staff recommendations and responses to Mr. Gross' letter dated
August 23, 1989 as follows:
1. To be addressed and reviewed at a later date as it may
pertain to a particular land use application.
2. The staff recommends that this property be responsible for
its normal park dedication requirements irregardless of the ponding
dedication issue.
3. The staff does not have objections as long as the
previously referenced elevations are also complied with.
4. Presently, the City does not require the fencing of any
ponding areas. The City should not assume the responsibility for
other agency requirements. The staff does not recommend acceptance
of fee title to a ponding area, especially if it is used for
density calculations of development proposals.
5. The staff recommends that the dedication of the ponding
area as referenced be as a condition of plat and development
approval and at no cost to the City.
All voted in favor.
Mr. Gross informed the Council that the action before the
Advisory Planning Commission was moot. He stated he would request
plat withdrawal and would be in contact with staff.
FAIRWAY HILLS 1ST AND 2ND ADDITIONS/
REQUEST FOR COST PARTICIPATION
City Administrator Tom Hedges presented the background
information. He praised all present at the meeting for their
cooperation. He informed the Council that at the August 23, 1989
meeting, some issues were resolved. He commented that the time
commitment was tight but that the frontage road should be
constructed this fall. He reported that the letter from Roger
Derrick set forth the developer's estimate of its costs. He
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September 5, 1989
referenced Jon Hohenstein's memo dated August 29, 1989 in which
staff's opinions were set forth. He requested Council direction as
to which option staff should pursue. He felt it was a County issue
and stated that the developer requested findings of the Council
recommendation to the County Board.
Mary Vujovich (Attorney for developer) stated that the facts
were still colored. She stated that the Fairway Hills was a DMS
project. She explained that the City had approved the plans and
requested staff produce the plans. She explained that Camelback
Drive abutted the service road. She pointed out that Fairway Hills
2nd Addition was developed by Bridlewilde Properties. She explained
that Bridlewilde's plans were also approved by the City which
included the frontage road. She stated a letter from Mike Foertsch
gave the project the go-ahead. She commented that the County had
copies of the plans and that the retaining walls were not built for
the development but were for surrounding properties. She stated the
developer requested a say in the wall design and that the City
asked the developer to satisfy the County. She pointed out that the
County had provided the specifications with the developer building
the wall. She further stated that the City had asked the developer
to redesign the frontage road and that the City then stopped
construction. She felt it was a contractual matter between the
developer and the City. She requested the costs incurred by the
developer be included in the total County cost. She reiterated that
the developer relied upon the City and requested that the Council
support the developer's approach to the County.
Mayor Ellison asked Mr. Herrmann what his understanding was
from the three hour staff meeting. Mr. Herrmann stated that the
plan had been redesigned and that he was ready to act.
Councilmember Egan requested legal interpretation of the
rights and liabilities of the City. He asked whether the City or
the County was liable. City Attorney Jim Sheldon replied that the
factual determination would make a big difference in the legal
analysis.
City Administrator Tom Hedges explained that there were two
main points (1) the City and developer agreeing on the road
construction and (2) who would pay for the costs. He explained that
the County road had been shifted and that the County admitted it
had requested the shift. He felt there should be some cost
participation by the County due to that change. Mr. Herrmann felt
that the wall and guard rail should have been paid for by the
County. Councilmember Wachter asked when notice had been received
regarding the road change. Public Works Director Tom Colbert stated
there was no formal notice as the change was insignificant.
Councilmember Gustafson pointed out that the plans included the
road and asked if the plans contained specifics regarding the road.
Mr. Colbert stated that the first addition plans did not provide
Page 14/EAGAN CITY COUNCIL MINUTES
September 5, 1989
specifics and that it was deleted for the second addition. He
stated the plans had details but did not have adequate dimensions
for compatibility with the County road. He explained that the
detailed wall plans were never submitted.
Councilmember McCrea asked if there was documentation in the
file that the road design was inadequate. Mr. Colbert stated that
the City had acted in the correct way and had done nothing wrong.
McCrea questioned if a problem would still exist if the City had
done the installation. Mr. Colbert responded no, that the City
would have worked with the County. McCrea questioned why the City
had not checked with the County to see if it was compatible. Mr.
Colbert stated that the developer said it would work with the
County and that the developer was expected to design the frontage
road compatible with the County road.
Councilmember Egan asked if the City had ratified the County
plans and modifications. City Attorney Jim Sheldon stated that it
was a very complex fact situation and that until the facts were
resolved, the City should refrain from legal conclusions.
Councilmember McCrea felt that no one was at fault and that
everyone should look for a win/win outcome. Mr. Sheldon stated that
it should be determined as to what facts everyone agreed and
disagreed on. He commented that a contract dispute was a factual
dispute.
City Administrator Tom Hedges informed the Council he would
suggest continuing the matter but that it would delay the project.
Mayor Ellison questioned why the road could not be built now. He
recommended building the road and determining the cost later. Roger
Derrick agreed with Mr. Sheldon regarding the facts. He informed
the Council that the March, 1987 County plan was not available to
him until December of 1987. He pointed out that the development was
complete by that date.
Mr. Herrmann stated he felt the City acted in a fair manner.
Mr. Derrick felt that the City did not make a mistake by approving
the plan but that the County made mistakes. He requested a fair
outcome.
Mayor Ellison commented he felt that common sense said the
City should not pay for what others would have paid for anyway. He
asked where the line should be drawn. He remarked that there were
differing opinions between the two conflicting engineers.
Councilmember Gustafson pointed out that the developers had
utilized the plans that had been approved by the City. He felt the
City was not involved and that the County was responsible for the
changes. He felt the decision was between the developer and the
County and that the City did not have authority in the matter. He
felt a recommendation should be that it is not a City problem and a
Page 15/EAGAN CITY COUNCIL MINUTES
September 5, 1989
request to the County to resolve the problem by a certain date.
Councilmember McCrea concurred with Mr. Gustafson and recommended
the County determine its liability.
McCrea moved that the developer go to the County and that the
City recommend the County assume 100% liability for the wall and
guardrail only.
Councilmember Egan stated that a resolution should not impede
the project and felt there were three parties involved. He remarked
that it was primarily a problem between the developer and the
County. He felt the City was not qualified to determine the
developer engineering quality. He proposed a nominal involvement by
the City and that the County assume 50% of the wall and guardrail
only and that the City be involved up to $5,000.00. He felt the
County and the developer should assume the majority of the cost.
Councilmember McCrea recommended requesting the County to reimburse
the developer. Mayor Ellison pointed out the City should not attach
dollars until the County decided its liability. He favored
inclusion in the project. Councilmember Gustafson felt the County
must make its decision. Mayor Ellison felt the County should decide
its liability and that the City would then assume its share.
Councilmember Egan requested submitting a percentage to the
County as reports could drag on forever. Mr. Herrmann requested a
positive note from the City Council. Mr. Egan pointed out that it
was what the Council was attempting. Councilmember McCrea suggested
the Council submit a positive report supporting the position that
the developers were caught in the middle. Public Works Director Tom
Colbert stated that staff would submit a positive report upon
direction by the Council. Councilmember Egan recommended the County
participate up to 50% of the cost of the final negotiated amount
with the developer and the developer pay the other 50%. He felt the
City should not assume 45%. Mr. Colbert stated that the City would
reimburse the County 45% of the County cost by contract.
Councilmember Gustafson remarked that the County owed money and it
should pay and that the amount should be worked out between the
developer and the County. Mr. Colbert stated that the developer
wanted the County to pay with the City paying its fair share. Mr.
Herrmann agreed with Mr. Colbert's statement and informed the
Council it would begin construction in the morning.
McCrea moved, Egan seconded, the motion to recommend that the
County determine its liability and further approve payment by the
City of 45% of the cost based on the project cost split, with staff
to provide supporting documentation. All voted in favor.
R-89.54
STRATFORD OAKS/SPECIAL ASSESSMENT ABATEMENT
City Administrator Tom Hedges updated the Council regarding
the matter.
Page 16/EAGAN CITY COUNCIL MINUTES
September 5, 1989
Dan Dolan (Eagan 40 Limited Partnership) informed the Council
he was a general partner of the landowner. He reported that the
past assessments were deferred until the property developed. He
pointed out that the landowner was unable to sell the 2.2 acres
because they could not split the lot. He explained that $35,000.00
was the amount agreed upon between the landowner and the City. He
stated that Trammel Crow should close before the end of the month.
He pointed out that no benefits had been received on either project.
City Administrator Tom Hedges informed the Council that the
matter had been discussed at the staff meeting and that an
alternative to Gene VanOverbeke's memo dated August 28, 1989 would
be to enter into an agreement with New Horizon. The developer
commented that it would pay the principal but not the interest and
penalty. City Attorney Jim Sheldon pointed out that the interest
and penalty could be deferred.
Wachter moved, Egan seconded, the motion to approve a request
by Dan Dolan to abate assessments that are now levied against Lot
1, Block 1 and Lot 1, Block 2, Stratford Oaks Addition, in the
amount of $231,163.88 as shown on Waiver of Hearing 00263, with the
reassessment to be considered with subsequent development
proposals. All voted in favor.
Egan moved, Wachter seconded, the motion to approve a request
by Dan Dolan to abate the penalties and interest for special
assessments in the principal amount of $35,000.00 as shown on
Waiver of Hearing 220 for the Stratford Oaks plat. All voted in
favor.
ORDINANCE AMENDMENT/CHAPTER 11/INTERIM USE PERMITS
City Administrator Tom Hedges explained the ordinance
amendment proposals to the Council.
Councilmember McCrea had questions and concerns regarding the
termination of a use. City Attorney Jim Sheldon informed the
Council that based on new legislation, the City should have a tool
in place for a unique situation. Councilmember McCrea recommended
the addition to the proposed ordinance stating that all permits
would be reviewed annually.
Mayor Ellison questioned how interim use permits differed from
special use permits. Mr. Sheldon explained that interim use permits
are land associated as opposed to operator oriented as in the case
of special use permits. Community Development Director Dale Runkle
pointed out that it was a very unique measure.
McCrea moved, Egan seconded, the motion to approve the
ordinance amendment to City Code Chapter 11 that allows for interim
Page 17/EAGAN CITY COUNCIL MINUTES
September 5, 1989
use permits subject to the inclusion of a paragraph stating all
interim use permits will be reviewed annually. All voted in favor.
BRITTANY 10TH ADDITION/DECLARATION/
DEFAULT OF DEVELOPMENT AGREEMENT
City Administrator Tom Hedges presented the background
information to the Council.
Carl Tollefson (developer) informed the Council that the
proposed resolution was for the most part untrue. He stated that
the actual development was completed in 1988. He felt that the
water and sewer contractor did not do a complete job. He informed
the Council that the contractor would not return and therefore he
was going to sue the contractor. He stated he had reviewed the
punch list in April and that Erickson had completed the list in
May. He informed the Council that Erickson was completing the new
punch list at the present time and that it should be completed in
the present week. He questioned what was meant by future road and
pointed out that John Brown still owned the property. He stated
that the only item left would be the final lift of the blacktop.
Councilmember McCrea had questions regarding the percentage
sold and the debris. The developer responded that 65% to 70% had
been sold. Public Works Director Tom Colbert explained that the
debris was from the development. Mayor Ellison questioned
continuing the matter to the next Council meeting. The developer
stated the work would be completed by that time. Public Works
Director Tom Colbert recommended approval of the declaration of
default. Councilmember Egan agreed with Mr. Colbert. City
Administrator Tom Hedges pointed out that there was still a
shortage in the escrow account. Mr. Tollefson requested the
reduction of the Letter of Credit as the lender would not advance
the funds for the escrow.
Egan moved, Wachter seconded, the motion to declare Brittany
Estates, Inc. in default of the development agreement for the
Brittany 10th Addition and to authorize the execution of a
resolution, subject to a two week delay with the escrow being paid
immediately; if the default is not cured within two weeks, City
staff is authorized to proceed with appropriate actions. All voted
in favor.
R-89.55
VISITORS TO BE HEARD
SENECA PLANT
John Wesley had concerns regarding the DNR permit for the
Seneca Plant. He stated the City could request a public hearing.
Mayor Ellison reported that he would be notified when City staff
and the City Attorney had reached a conclusion.
Page 18/EAGAN CITY COUNCIL MINUTES
September 5, 1989
City Attorney Jim Sheldon referenced his memo regarding the
Seneca hearing.
STAFFORD PLACE
City Administrator Tom Hedges informed the Council that there
was a serious erosion problem at Stafford Place and that City staff
had cleaned up a portion of the debris.
ZOO
Mr. Hedges also updated the Council regarding the amphitheatre
at the zoo and stated that Eagan citizens were concerned.
U.S. MEMORIES
Mr. Hedges reported to the Council that Terrell Towers had
been in contact with him regarding a commitment from the City for
tax increment financing for a computer chip manufacturer (U.S.
Memories). He discussed the company's future plans and stated that
the State would participate but requested City participation first.
He pointed out that there were two main issues, one being resolving
an intention to finance the expansion with the package due
September 15. He stated an economic development district must be
created with a public hearing and the zoning issues being handled.
He stated that the zoning was proper in The Waters. He stated that
the City could resolve to consider the matter. He pointed out that
U.S. Memories had made no commitment. Councilmember Egan stated
that Mr. Towers had contacted him last week. Mr. Egan felt that a
semi-conductor facility would be ideal and that TIF funding would
not be necessary until phase two or three. He pointed out that
Unisys may layoff in October. He felt that the City should examine
the matter. Councilmember McCrea stated the City needed further
information. Mayor Ellison explained that the Council had no plan
to review and felt that the State had a pie-in-the-sky future hope.
He felt it seemed dangerous and premature. Councilmember Egan
remarked that someone had dropped the ball at the State level. City
Administrator Tom Hedges described the State communications and
stated he agreed with everything the Council members had stated.
Councilmember Egan pointed out the Council could only offer
consideration and that it could agree to a public hearing. Mr.
Hedges agreed.
Egan moved, Gustafson seconded, the motion to consider the use
of TIF for the U.S. Memories proposal if and when an application is
received to develop within the City of Eagan. All voted in favor.
RAHNCLIFF CROSSING/BURGER KING SIGN
Community Development Director Dale Runkle reported that the
signs on Rahn Cliff for the Burger King were switched. He explained
Page 19/EAGAN CITY COUNCIL MINUTES
September 5, 1989
that the monument sign would be eliminated if the City would allow
the Burger King sign to remain. Councilmember McCrea felt that a
notice of violation should be delivered to Burger King.
Councilmember Gustafson asked for the location of the pylon sign.
Mr. Runkle pointed out the location.
Egan moved, Wachter seconded, the motion to direct staff to
notify Burger King to remove its sign. All voted in favor.
COUNCIL DISCUSSION
Councilmember Wachter had concerns regarding airplane noise.
He suggested placing a monitor on the Unisys site. Councilmember
Egan felt the monitor should be placed at the Timberline site.
CHECKLIST
Wachter moved, Egan seconded, the motion to approve the
checklist dated September 5, 1989 in the amount of $1,057,653.23.
All voted in favor.
ADJOURNMENT
The September 5, 1989 City Council meeting was adjourned at
11:30 p.m.
CITY OF EAGAN
4E. . VanOverbeke
ty Clerk
7
TO: CITY COUNCIL OF THE CITY OF EAGAN
As the owner of property at 1560 Yankee Doodle Road in Eagan, I
object to the final assessment proposed for Project No. 427 for
streets and storm sewers as it relates to my property. I object to
the storm sewer lateral assessment. I also object to the street
assessment to the extent that it exceeds the amount proposed for 6
assessment pursuant to the staff recommendation of January 16, 1989,
a copy of which is attached to this letter. The proposal was that
only 100 feet of frontage of my property be assessed at this time and
that the assessment be made at the rate of $20.54 per front foot for
the 100 feet of the home site. It was proposed that the remaining 290
feet of frontage not be assessed until rezoning or development to a
higher use. The staff recommendation was approved by the Special
Assessment Committee on January 16, 1986.
V y truly our ,
Donald Sandberg
DS:kjh
Enc. CJ 0 ~q
- g'7
D. H. GUSTAFSON COMPANY
REAL ESTATE DEVELOPMENT AND MANAGEMENT SINCE 1968
~4 . sg\
September 5, 1989
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55121
RE: Project 427
Surrey Gardens Apartments
Dear City Council:
We are objecting to the Project 427 Final Assessment for
the following improvements:
Street Storm Sewer
Water Services Traffic Signal
Trail Easements
Storm Sewer Trunk
Items are assessed against parcels 10-72995-010-01 and
10-72995-020-01, otherwise known as Surrey Gardens.
Sin -Tely,
Dan H. Gustafson
DHG/sh
14661 Chicago Avenue South, Burnsville, MN 55337 (612) 432-8240
(612).432-8131
MARE[(
REALTORS lB
1t,c0 EAST 146th STREET • SUITE 240 • BURNSVILLE. MINNESOTA 55337
MEMBER "MLS" . . . REAL ESTATE . . . MORTGAGE INSURANCE
September 5, 1989 S
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Project 427
Dear City Council:
We are objecting to the Project 427 Final Assessment for the
following improvements:
Street Storm Sewer Lateral
Water Services Traffic Signal
Trail Easements
Storm Sewer Trunk
Items are assessed against the Bunker Hill Apartmenrs, otherwise
known by the Property I.D. # 10-41300-120-01.
Sincerely,
Kenneth App 1 aum
Bunker Hill artments
Partner
KA/ram
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 5, 1989
A regular meeting of the Eagan City Council was held on
Tuesday, September 5, 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, Assistant City Engineer Mike Foertsch and City Attorney
James Sheldon.
AGENDA
City Administrator Tom Hedges informed the Council that there
were no corrections to the agenda.
Gustafson moved, Wachter seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
August 15, 1989. Councilmember Gustafson requested a
correction on page 15 to the Airport Relations Committee motion.
The motion should read "Egan moved, Wachter seconded, the motion to
oppose the Metropolitan Airport Commission's findings and
recommendations on the 180 day runway use system (RUS) test study
and to endorse the general concept to avoid adding traffic to the
corridor area, as referenced in Exhibit A attached hereto. All
voted in favor."
Wachter moved, Egan seconded, the motion to approve the
minutes for the August 15, 1989 regular Council meeting as amended.
All voted in favor.
POLICE DEPARTMENT/NO PARKING/CLIFF ROAD NEAR HOLLAND PARK
Councilmember Egan asked if the problem was created by the
design or if the lot was too small. Bob Rosene stated that the lot
was sized by the County for the size of the beach. Police Chief
Geagan informed the Council that the County was reevaluating the
use. Mayor Ellison felt that the parking lot should be increased in
size as people will continue using the lake.
Egan moved, Gustafson seconded, the motion to approve a
request to Dakota County to reinstate "No Parking" signs on Cliff
Road adjacent to Holland Park and further to direct staff to send a
letter to the County asking the County to designate a no parking
area on the north side of Cliff Road to approximately mid-way
Page 2/EAGAN CITY COUNCIL MINUTES
September 5, 1989
between Oak Chase Road and Lexington Avenue and to encourage the
County to redesign the parking lot to accommodate more vehicles.
All voted in favor.
PUBLIC WORKS DEPARTMENT/STOP SIGN PETITION/DEERHILLS TRAIL
AND EAGLE CREST DRIVE
City Administrator Tom Hedges introduced the matter to the
Council and stated that there were no neighbors present at the
meeting. Councilmember Gustafson suggested the neighbors institute
a voluntary speed limit with a slogan of "Twenty is Plenty".
Councilmember Wachter suggested "Twenty-five - Keep 'em Alive".
Gustafson moved, Egan seconded, the motion to receive the
petition and deny the request for stop signs at the intersection of
Deerhills Trail and Eagle Crest Drive. All voted in favor.
PARKS AND RECREATION DEPARTMENT/PARK LAND PURCHASE/FIRST
FINANCIAL CORPORATION/KENSINGTON PLACE
City Administrator Tom Hedges summarized the background of the
matter for the Council. Councilmember McCrea commented she
appreciated the staff following through on the Council's direction.
Councilmember Egan asked for the amount of the taxes on the parcel.
Parks and Recreation Director Ken Vraa stated that the taxes on the
parcel were $4,200.00.
Egan moved, Wachter seconded, the motion to direct the City
Administrator and Director of Parks and Recreation to prepare a
purchase agreement for the purchase of Lot 3, Block 2, KENSINGTON
PLACE for a purchase price of $7,500.00, plus the accumulated taxes
to date with the seller responsible to pay off all assessments. All
voted in favor.
CONSENT AGENDA
A. Personnel Items.
1. Community Service Officer.
It was recommended to approve the hiring of Daniel Mason as a
community service officer for the Police Department, subject to
successful completion of the City's psychological examination
requirement.
2. Planning Intern.
It was recommended to approve the hiring of Kimberly Eggers as
a planning intern for the Community Development Department.
Page 3/EAGAN CITY COUNCIL MINUTES
September 5, 1989
B. Plumbers Licenses.
It was recommended to approve the seven plumbers licenses as
presented.
C. License for On-Sale Beer for Pizza Hut.
It was recommended to approve the non-intoxicating malt liquor
license for Donald Naderman for the new Pizza Hut at 2130 Cliff
Road.
D. Project 539, Receive Final Assessment Roll/Order Public
Hearing (Eagandale Center Industrial Park 10th Addition -
Utilities).
It was recommended to receive the final assessment roll for
Project 539 (Eagandale Center Industrial Park 10th Addition -
Utilities) and schedule a public hearing to be held on October 3,
1989.
E. Project 529, Receive Final Assessment Roll/Order Public
Hearing (Cliff Lake Center - Streets and Utilities).
It was recommended to receive the final assessment roll for
Project 529 (Cliff Lake Center - Streets and Utilities) and
schedule a public hearing to be held on October 3, 1989.
F. Vehicle No. 136, Receive Bids/Authorize Purchase (Public
Works Maintenance - Cracksealer Melter).
Councilmember Egan questioned if there would be a full
warranty on the vehicle. Public Works Director Tom Colbert stated
there would be a full warranty.
It was recommended to receive the bids for Unit No. 136
(Cracksealer Melter) and authorize the acquisition of a
demonstration unit from MacQueen Equipment, Inc., in the amount of
$14,075.00.
G. Project 536, Receive Final Assessment Roll/Order Public
Hearing (South Oaks Addition - Streets and Utilities).
It was recommended to receive the final assessment roll for
Project 536 (South Oaks Addition - Streets and Utilities) and
schedule a public hearing to be held on October 3, 1989.
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September 5, 1989
H. Project 463, Receive Final Assessment Roll/Order Public
Hearing (East Cliff Road - Streets).
It was recommended to receive the final assessment roll for
Project 463 (East Cliff Road - Streets) and schedule a public
hearing to be held on October 3, 1989.
I. Project 525, Receive Final Assessment Roll/Order Public
Hearing (Woodlands Addition - Trunk Storm Sewer).
It was recommended to receive the final assessment roll for
Project 525 (Woodlands Addition - Trunk Storm Sewer) and schedule a
public hearing to be held on October 3, 1989.
J. Contract 89-01, Approve Change Order for Sealcoating of
Trails.
City Administrator Tom Hedges recommended omitting the change
order for sealcoating of the trails and advertise for bids. He
stated the change order for the parking lot should remain.
It was recommended to deny the change order for Contract 89-01
for the sealcoating of several City trails, and to approve the
advertisement for bids for the trails sealcoating; and approve the
change order for the City owned parking lots sealcoating.
K. Contract 89-12, Approve Change Order No. 1 for Tennis
Court at Northview Park.
It was recommended to approve Change Order No. 1 to Contract
89-12 in the amount of $6,500.00 for the installation of drain tile.
L. Contract 89-20, Approve Plans and Specifications/Authorize
Advertisement for Bids for Hockey Rink Lighting.
It was recommended to approve plans and specifications for
Contract 89-20, Hockey Rink Lighting at Bridle Ridge Park and the
advertisement for bids.
M. Resignation, Corey Cleveland from Economic Development
Commission.
It was recommended to accept the resignation of Corey
Cleveland as a member of the Economic Development Commission and to
direct the City Administrator to obtain candidates for an
appointment to fill the vacancy.
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September 5, 1989
N. Final Plat for Kingswood 4th Addition.
Councilmember Gustafson asked if all necessary agreements had
been processed. City Administrator Tom Hedges stated that the
matter was in order.
It was recommended to approve the final plat for Kingswood 4th
Addition as presented. R-89.48
0. Final Plat for Woodlands 3rd Addition.
Councilmember Gustafson asked if all materials had been
processed. City Administrator Tom Hedges stated the matter was in
order.
It was recommended to approve the final plat for Woodlands 3rd
Addition as presented. R-89.49
P. Final Plat for Manor Lake 2nd Addition.
City Administrator Tom Hedges recommended continuing the
matter to the September 19, 1989 City Council meeting.
It was recommended to continue the final plat for Manor Lake
2nd Addition to the September 19, 1989, City Council meeting.
Q. Final Plat for Sterns Addition.
Councilmember Gustafson asked if the matter was in order. City
Administrator Tom Hedges stated that all documents had been
processed.
It was recommended to approve the final plat for Sterns
Addition as presented. R-89.50
R. Extension of Preliminary Plat/Final Plat for Country
Hollow 2nd Addition.
It was recommended to approve the extension of the preliminary
plat for Country Hollow 2nd Addition until November 30, 1989.
R-89.51
S. Final Plat for Suncrest Addition.
Councilmember Gustafson asked if all matters were in order.
City Administrator Tom Hedges stated that all documents had been
finalized.
It was recommended to approve the final plat for Suncrest
Addition as presented.
R-89.52
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September 5, 1989
T. Contract 89-04, Approve Change Order No. 1 (Timberline and
Well No. 1 - Repairs).
It was recommended to approve Change Order No. 1 to Contract
89-04 (Project No. 560 - Timberline and Well No. 1 - Repairs) and
authorize the Mayor and City Clerk to execute all related documents.
U. Contract 88-29, Final Payment/Acceptance (Well No. 13).
It was recommended to approve the seventh and final pay
request for Contract 88-29 (Well No. 13) and authorize acceptance
for perpetual maintenance subject to related warranty provisions.
V. Project 583, Receive Petition/Authorize Feasibility Report
(Park Center - Streets and Utilities).
It was recommended to receive the petition and authorize the
preparation of a feasibility report for Project 583 (Park Center -
Streets and Utilities).
Wachter moved, Gustafson seconded, the motion to approve the
consent agenda items as amended, and authorize their
implementation. All voted in favor.
FIRE DEPARTMENT UPDATE
Mayor Ellison requested an update on the aerial vehicle. Chief
Southorn stated that the update would be available in approximately
one week.
OPTICAL SCAN FOR ELECTIONS
City Administrator Tom Hedges informed the Council it was
necessary to approve a resolution authorizing an optical scan for
elections.
Egan moved, Gustafson seconded, the motion to approve a
resolution authorizing the use of Optical Scan Voting equipment for
elections. All voted in favor.
City Administrator Tom Hedges informed the Council that
demonstrations of the optical scan would be held at the City Hall
at 6:30 p.m. on September 19, 1989 in connection with the training
for the election judges.
R-89.53
KINGSWOOD 2ND ADDITION
City Administrator Tom Hedges stated there was a need for an
extension of the final plat to allow for the recording. Community
Development Director Dale Runkle recommended an extension to
September 30, 1989.
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September 5, 1989
Wachter moved, Gustafson seconded, the motion to approve the
extension for recording of the final plat for Kingswood 2nd
Addition to September 30, 1989. All voted in favor.
STERNS ADDITION
City Administrator Tom Hedges informed the Council that there
were still easements which needed to be obtained. He recommended
authorizing condemnation with the School guaranteeing the costs.
Egan moved, Gustafson seconded, the motion to adopt a
resolution for condemnation to obtain certain easements to allow
public improvements, with the School District guaranteeing all
costs. All voted in favor.
OAK WILT COMPLAINTS
City Administrator Tom Hedges informed the Council that he had
received a number of complaints regarding oak wilt. Councilmember
Wachter stated that oak trees make good firewood and suggested the
wood could be removed privately. Mayor Ellison concurred with
Councilmember Wachter. Councilmember Egan stated that it would be
consistent with City past policy.
FINAL ASSESSMENT ROLL/PROJECT 495/DALLAS DEVELOPMENT 2ND ADDITION
City Administrator Tom Hedges introduced the matter. Public
Works Director Tom Colbert presented the details of the project.
Councilmember Egan questioned the variances in the City finance
amounts. Mr. Colbert stated that the actual costs came in higher
while the assessment revenue remained fixed. He explained the type
of construction.
McCrea moved, Gustafson seconded, the motion to close the
public hearing and approve the final assessment roll for Project
495 (Dallas Development 2nd Addition - Streets and Utilities) and
authorize its certification to Dakota County for collection. All
voted in favor.
FINAL ASSESSMENT HEARING/PROJECT 512R/CUTTERS RIDGE 2ND ADDITION
Public Works Director Tom Colbert informed the Council that
there were 51 parcels involved with the project.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and approve the final assessment roll for Project
512R (Cutters Ridge 2nd Addition - Sanitary and Storm Sewer) and
authorize its certification to the County for collection. All voted
in favor.
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September 5, 1989 '9
FINAL ASSESSMENT HEARING/PROJECT 554/
GENERAL ELECTRIC SUPPLY COMPANY
City Administrator Tom Hedges presented the matter to the
Council. Public Works Director Tom Colbert further explained the
assessments.
Gustafson moved, Wachter seconded, the motion to close the
public hearing and approve the final assessment roll for Project
554 (General Electric Supply Company - Storm Sewer) and authorize
its certification to Dakota County. All voted in favor.
RUSTEN ROAD/PROJECT 577/STREET IMPROVEMENTS
City Administrator Tom Hedges summarized the matter for the
Council. Assistant City Engineer Mike Foertsch presented the
feasibility report details to the Council. He stated that the
project should begin when the plat is approved. He informed the
Council that all interested parties had received notice of the
meeting.
McCrea moved, Gustafson seconded, the motion to close the
public hearing and approve Project 577 (Rusten Road - Street
Improvements) and authorize preparation of detailed plans and
specifications. All voted in favor.
VACATION/DIFFLEY ROAD FRONTAGE - WEST OF PILOT KNOB ROAD/
ABANDONED COUNTY RIGHT-OF-WAY
City Administrator Tom Hedges summarized the background
information for the Council. Public Works Director Tom Colbert
presented further information. Councilmember Egan questioned the
location of the proposed vacation. Mr. Colbert explained the
location.
Gustafson moved, Egan seconded, the motion to close the public
hearing and approve the vacation of the abandoned County Road 30
right-of-way for the Diffley Road frontage road - west of Pilot
Knob Road and authorize the Mayor and City Clerk to execute all
related documents necessary for recording at Dakota County. All
voted in favor.
VACATION/CRAY ADDITION/DRAINAGE AND UTILITY EASEMENTS
Gustafson moved, Egan seconded, the motion to close the public
hearing and approve the vacation of the drainage and utility
easements within the Cray 1st Addition and authorize the Mayor and
City Clerk to execute all related documents for recording at Dakota
County. All voted in favor.
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September 5, 1989
CRAY ADDITION/PROJECT 571/STORM SEWER
City Administrator Tom Hedges introduced the matter. Public
Works Director Tom Colbert recapped the project and stated that
Cray Research would not oppose the project.
Gustafson moved, Wachter seconded, the motion to close the
public hearing and approve Project 571 (Cray Addition - Storm
Sewer) and authorize the preparation of detailed plans and
specifications. All voted in favor.
FINAL ASSESSMENT HEARING/PROJECT 427/YANKEE DOODLE ROAD
City Administrator Tom Hedges presented the background
information to the Council. Public Works Director Tom Colbert
summarized the project and the assessments. He stated that three
written objections had been received (see Exhibit A for written
objections). He reported that the Sandberg property was assessed
only for the 100 foot frontage and that the remainder would be
deferred until future development. He further reported that Surrey
Gardens would realize the benefit in the amount of the assessment.
He informed the Council that the original hearing notice did not
include Bunker Hills and recommended the deletion of that parcel in
order to renotice the interested parties and to correct the
procedure. He stated the Sandberg objection would be removed and
that Surrey Heights should be adopted as presented. He explained
that Outlot A is one individual unit (Surrey Heights) and that
Surrey Heights 6th and 7th Additions were not assessed for the past
project. He stated that the assessment included and was allocated
over all 168 Surrey Heights units. He informed the Council that the
tennis courts were owned by the Association.
Vince Kennedy questioned the original cost, the trail
assessment, the assessment rates and the adjustments. He had
concerns regarding the transfer of Old Heritage Lane and access to
the property. Public Works Director Tom Colbert addressed his
concerns.
Councilmember Egan requested further information regarding the
City financing. Mr. Colbert stated that the storm sewer costs
exceeded the estimates and that it would be 98% City financed.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and modify the final assessment roll for Project 427
(Yankee Doodle Road - Streets and Utilities) be deleting Parcel No.
10-41300-121-01 and authorize its certification to Dakota County
for collection. All voted in favor.