09/18/1989 - City Council Regular
EXHIBIT A
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Donald L. Buehler
4135 Dodd Road
Eagan, Minnesota 55123
September 19, 1989
Eagan City Council
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota
Regarding: Project No. 581 - Hills of Stonebridge Flat 2
Under terms of our land sale contract the developer has agreed to
supply four utility hookups from the sewer and water mains on
Oxford Road at no cost to us. One of the hookups is for our house
and the other three for possible future development of lots.
Since no service is required from Dodd Road and the cost of the
hookups has effectively been paid to the developer we contend
that no assessments should be due us on this property.
Sincerely,
Donald L. 84 Adeline K. Buehler
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Regarding:
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James and Jennifer Meyer
41 c Dodd Hal.
raqan, Mn 55123
Attn: .:7 . Van Civerhei:: e and laity Council Members
We wish to OLJ IeC1_. to the Inruoused l ro,1ect no. WE'1
as it currently s°tands.Our reasons are as follows:
1.i..!f improvements are being made to help cumo!et€ rho.
H016 of Eton brig Plat.2.
0 bur Our land is not up for level ooement and we do not feel
we benefit in por'aort ion to the assearnents.
We would like to r'ecornmene that the water service under Liodd
be dropped and remove our property from the project .We are
not in need of water,nor is there any current pot icy to make
us hock-up.
Sincerely,
James Meyer Jennifer Meyer
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 19, 1989
A regular meeting of the Eagan City Council was held on
Tuesday, September 19, 1989, at the Eagan Municipal Center. Present
were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and
McCrea. Also present were City Administrator Tom Hedges, Community
Development Director Dale Runkle, Assistant City Engineer Mike
Foertsch and City Attorney James Sheldon.
AGENDA
City Administrator Tom Hedges informed the Council there were
no additional items to the agenda.
McCrea moved, Wachter seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
September 5, 1989. Councilmember Gustafson requested the
inclusion of the vote on page 10 regarding the Blackhawk Ponds
Addition access easement vacation. The vote should read "All voted
in favor."
Wachter moved, Egan seconded, the motion to approve the
minutes for the September 5, 1989 regular Council meeting as
amended. All voted in favor.
EAGAN LIONS PRESENTATION TO D.A.R.E.
City Administrator Tom Hedges informed the Council that
members of the Eagan Lions Club were present in order to present to
the Eagan City Council, the Eagan Police Department, and School
District Nos. 196 and 197 a check for $5,000.00 to fund the Drug
Abuse Resistance Education program. Police Chief Geagan introduced
Terry Langager who is the principle of the Woodlands Elementary
School. Chief Geagan also introduced the President and Treasurer of
the Eagan Lions Club. Mr. Langager explained the D.A.R.E. project
and stated that the Eagan Police Department coordinated the
project. He thanked the City of Eagan and the Eagan Police
Department for their support. The President of the Eagan Lions Club
presented a check for $5,000.00. Councilmember McCrea acknowledged
the problems shown in the Eagan Police Report regarding drugs,
alcohol and teenagers.
Page 2/EAGAN CITY COUNCIL MINUTES
September 19, 1989
NEW VOTING EQUIPMENT DEMONSTRATION
Administrative Assistant Liz Witt provided information on the
new optical scan voting equipment and demonstrated its use.
MRPA AWARDS PRESENTATION
John Keprios, representing the Minnesota Recreation and Park
Association, made a presentation to Park and Recreation Director
Ken Vraa on behalf of the City of an award for its series of park
shelter buildings architectural program and design. Mr. Vraa
thanked the MRPA.
PARKS AND RECREATION DEPARTMENT/WARMING HOUSE SHELTER/
WELL SITE PARK
Park and Recreation Director Ken Vraa introduced the matter to
the Council. Councilmember McCrea asked if there would be
additional costs after the building was constructed. Mr. Vraa
stated there would be no additional costs. McCrea questioned the
use calculations. Mr. Vraa explained the calculations.
Wachter moved, McCrea seconded, the motion to approve the
recommendation of the Advisory Parks and Recreation Commission and
authorize $8,500.00 from the Park Site Fund for the construction of
a proposed warming shelter for Well Site Park. All voted in favor.
PUBLIC WORKS DEPARTMENT/CLIFF ROAD WATER TREATMENT PLANT/
SELECT CONSULTANT FOR ENGINEERING SERVICES
City Administrator Tom Hedges updated the Council regarding
the matter. Councilmember Wachter presented the background
information and stated that all three firms were excellent.
Councilmember Egan had questions regarding the budget figures. City
Administrator Tom Hedges stated that the figures would be
approximately $500,000.00.
Wachter moved, Egan seconded, the motion to select the firm of
Bonestroo, Rosene, Anderlik & Associates, Inc. to perform
professional engineering services for the design and contract
administration of the Cliff Road Water Treatment Plant - Project
No. 548 and authorize the Mayor and City Clerk to execute all
related contract documents. All voted in favor.
CABLE COMMISSION UPDATE
Councilmember Egan had questions concerning the Eagan
penetration rate and the viewer rate. Mike Reardon updated the
Council on the matter.
Page 3/EAGAN CITY COUNCIL MINUTES
September 19, 1989
CONSENT AGENDA
A. Personnel Items.
1. Seasonal Park Maintenance Workers.
City Administrator Tom Hedges informed the Council that the
following persons had been hired as seasonal park maintenance
workers: Haldor Goetzk, Velta Martin, Robert Parrott, John Tracy,
and Mark Nelson, together with the hiring of the following persons
as seasonal forestry techs: Stanley Schneider and Brian
Banaszewski. No action was required on this item.
B. Request to Waive Fee, Permit to Solicit, Mount Calvary
Lutheran Church.
Councilmember Gustafson pointed out that the City identifies
non-profit as an established Eagan church.
It was recommended to waive the $25.00 permit fee for a permit
to solicit for Mount Calvary Lutheran Church on September 23, 1989,
in order to collect food to benefit the Community Action Council
food shelf.
C. Vacation of Public Right-of-Way, Receive Petition/Order
Hearing (Lexington Way at Lexington Avenue).
It was recommended to receive the petition to vacate a portion
of public right-of-way (Lexington Way at Lexington Avenue) and
schedule a public hearing to be held on October 17, 1989.
D. Contract 89-08, Receive Bids/Award Contract (Wells No. 14
& 15, Pumphouse and Facilities).
Assistant City Engineer Mike Foertsch requested the inclusion
of the alternate bid for Well No. 15.
It was recommended to receive the bids for Contract 89-08
{Wells No. 14 and 15 - Pumphouse and Facilities) and award the
contract including the alternate bid for Well No. 15 to the lowest
responsible bidder, A & K Construction in the amount of $358,250.00.
E. Contract 89-21, Approve Plans/Authorize Ad for Bids
(Effress Addition - Storm Sewer).
It was recommended to approve the plans for Contract 89-21
(Effress Addition - Storm Sewer) and authorize a bid opening to be
held at 11:00 a.m. on Monday, October 2, 1989.
Page 4/EAGAN CITY COUNCIL MINUTES
September 19, 1989
F. Project 585, Receive Petition/Authorize Feasibility Report
(West Publishing 3rd Addition - Storm Sewer).
It was recommended to receive the petition for Project 585
(West Publishing 3rd Addition - Storm Sewer) and authorize the
preparation of the feasibility report.
G. Project 543R, Approve Resolution Authorizing Cost
Participation Agreement 66301 with MnDOT (Sibley Hills Drive -
Frontage Road Reconstruction).
It was recommended to approve a resolution authorizing the
execution of MnDOT Cost Participation Agreement No. 66301 for
Project 543R (Sibley Hills Drive - Frontage Road Reconstruction).
H. Project 514, Receive Final Assessment Roll/Authorize
Public Hearing (Duckwood Drive - Streets and Utilities).
It was recommended to receive the final assessment roll for
Project 514 (Duckwood Drive - Streets and Utilities) and schedule a
public hearing to be held on October 17, 1989.
I. Project 552, Receive Final Assessment Roll/Authorize
Public Hearing (Eagandale Center Industrial Park 3rd Addition -
Utilities)-.
It was recommended to receive the final assessment roll for
Project 552 (Eagandale Center Industrial Park 3rd Addition -
Streets and Utilities) and schedule a public hearing to be held on
October 17, 1989.
J. Project 545, Receive Final Assessment Roll/Authorize
Public Hearing (Clearview Addition - Streets).
It was recommended to receive the final assessment roll for
Project 545 (Clearview Addition - Streets) and schedule a public
hearing to be held on October 17, 1989.
K. Vacate Utility Easement, Receive Petition/Order Public
Hearing (Lot 1, Block 1, Lone Oak 2nd Addition).
It was recommended to receive the petition and schedule a
public hearing to be held on October 3, 1989, to vacate a utility
easement (Lot 1, Block 1, Lone Oak 2nd Addition).
L. Contract 89-18, Receive Bids/Award Contract (Lexington Way
- Streets and Utilities).
It was recommended to receive the bids for Contract 89-18
(Lexington Way - Streets and Utilities) and award the contract to
Page 5/EAGAN CITY COUNCIL MINUTES
September 19, 1989
the lowest responsible bidder, Landwehr Heavy Moving, Inc., in the
amount of $178,223.00.
M. Approve Change Order No. 1, Contract 88-33 (Pumphouse No.
13 - Landscaping).
It was recommended to approve Change Order No. 1 for Contract
88-33 (Pumphouse No. 13 - Landscaping) and authorize the Mayor and
City Clerk to execute all related documents.
N. Contract 89-04, Final Payment/Acceptance (Well No. 1 and
Timberline Pump Repairs).
It was recommended to approve the final payment for Contract
89-04 (Well No. 1 and Timberline Pump Repairs) to Layne Minnesota
in the amount of $29,392.50 and authorize final acceptance for
perpetual maintenance subject to warranty provisions.
0. Contract 87-38, Final Payment/Acceptance (Dallas
Development 2nd Addition - Streets and Utilities).
It was recommended to approve the 8th and final payment for
Contract 87-38 (Dallas Development 2nd Addition - Streets and
Utilities) to Richard Knutson, Inc. in the amount of $10,098.95 and
authorize final acceptance for perpetual maintenance subject of
warranty provisions.
P. Contract 89-01, Final Payment/Acceptance (Seal Coat).
It was recommended to approve the final payment for Contract
89-01 (Seal Coating) to Asphalt Surface Technologies Corporation in
the amount of $156,542.00 and accept the improvements for perpetual
maintenance subject to warranty provisions.
Q. Contract 88-28, Final Payment/Acceptance (Fire Station No.
1 - Parking Lot).
It was recommended to approve the third and final payment for
Contract 88-28 (Fire Station No. 1 - Parking Lot) to Munn Blacktop,
Inc. in the amount of $1,670.21 and accept the improvements for
perpetual maintenance subject to warranty provisions.
R. Contract 89-22, Approve Plans/Authorize Ad for Bids (Hills
of Stonebridge 2nd Addition - Storm Sewer and Watermain).
City Administrator Tom Hedges informed the Council the matter
should be pulled from the consent agenda. and acted upon after the
public hearing to be held at this Council meeting.
Page 6/EAGAN CITY COUNCIL MINUTES
September 19, 1989
It was recommended to continue the plans for Contract 89-22
(Hills of Stonebridge 2nd Addition - Storm Sewer and Watermain)
until after the public hearing to be held at this meeting.
S. Final Plat for West Publishing 3rd Addition.
It was recommended to approve the final plat for West
Publishing 3rd Addition.
R-89.57
T. Final Plat for Lexington Pointe 4th Addition.
It was recommended to approve the final plat for Lexington
Pointe 4th Addition.
R-89.58
U. Final Plat for Lexington Pointe 5th Addition.
It was recommended to approve the final plat for Lexington
Pointe 5th Addition. R-89.59
V. Fina] Plat for Coventry Pass.
City Administrator Tom Hedges informed the Council the
development contract was not in order and the matter should be
continued to the next Council meeting.
It was recommended to continue the final plat for Coventry
Pass to the October 3, 1989 City Council meeting.
W. Proclamation, National Business Womens Week.
It was recommended to declare the week of October 15-23, 1989
as National Business Womens Week in the City of Eagan.
X. Vacate Excess Public Right-of-Way, Receive Request/Order
Public Hearing (ChesMar Drive).
It was recommended to receive the request and order a public
hearing for October 17, 1989 to consider the vacation of excess
public right-of-way for ChesMar Drive south of Cliff Road.
Y. Contract 89-05, Receive Bids/Award Contract (Sibley Hills
Drive and Skyline Road - Streets and Utilities).
Councilmember Egan had concerns regarding the high bids and
questioned if the item could be rebid at a lower cost. Assistant
City Engineer Mike Foertsch recommended continuing the matter for
two weeks to allow staff to analyze a rebid.
It was recommended to receive the bids for Contract 89-05
(Sibley Hills and Skyline Road - Streets and Utilities) and
Page 7/EAGAN CITY COUNCIL MINUTES
September 19, 1989
continue the contract award to the October 3, 1989 City Council
meeting.
Egan moved, Wachter seconded, the motion to approve the
consent agenda items as amended, and authorize their
implementation. All voted in favor.
DELINQUENT WEED CUTTING BILLS
City Administrator Tom Hedges briefed the Council regarding
the matter.
McCrea moved, Gustafson seconded, the motion to close the
public hearing and approve the final assessment roll for delinquent
weed cutting bills in the total amount of $560.63, and authorize
the certification to the County for collection. All voted in favor.
DELINQUENT UTILITY BILLS
Councilmember McCrea asked if there were a hardship, would
assistance be available to the property owners. City Administrator
Tom Hedges replied that staff did allow for exceptions in hardship
cases. He stated staff would look into various programs.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for delinquent
utility bills totaling $11,680.18, and authorize the certification
to the County for collection. All voted in favor.
VACATE UTILITY EASEMENT/SUNSET FIRST ADDITION
City Administrator Tom Hedges updated the council regarding
the matter. Dan Erdmann, 4290 Augusta, stated there were no
existing utilities.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve the vacation of a portion of a side lot
drainage and utility easement as described over Lot 1, Block 2,
Sunset First Addition. All voted in favor.
VACATE PUBLIC RIGHT-OF-WAY/AUGE ROAD CUL-DE-SAC
City Administrator Tom Hedges presented background information
for the Council. Howard Carlson informed the Council his property
was on the cul-de-sac and he was opposed to the vacation.
Egan moved, Wachter seconded, the motion to close the public
hearing and deny the vacation of a portion of public right-of-way
for the Auge Road cul-de-sac. All voted in favor.
Page 8/EAGAN CITY COUNCIL MINUTES
September 19, 1989
PROJECT 521/FINAL ASSESSMENT HEARING/YORKTON SECOND ADDITION
City Administrator Tom Hedges introduced the matter to the
Council. Councilmember Egan had concerns regarding the public
financing. Assistant City Engineer Mike Foertsch stated that the
City expected reimbursement from MWCC.
McCrea moved, Egan seconded, the motion to close the public
hearing and adopt the final assessment roll for Project 521
(Yorkton Industrial Park Second Addition) and authorize its
certification to Dakota County. All voted in favor.
PROJECT 528/FINAL ASSESSMENT HEARING/EAGANDALE CENTER
INDUSTRIAL PARK 9TH ADDITION
City Administrator Tom Hedges summarized the matter for the
Council.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and adopt the final assessment roll for Project 528
(Eagandale Center Industrial Park 9th Addition - Streets and
Utilities) and authorize its certification to Dakota County. All
voted in favor.
VACATE DRAINAGE AND UTILITY EASEMENTS/PONDVIEW ADDITION
Assistant City Engineer Mike Foertsch informed the Council
that Ray Williams would guarantee the cost of the relocation of the
utilities within the easement. Mayor Ellison requested the
guarantee be added as a condition.
Egan moved, McCrea seconded, the motion to close the public
hearing and approve the vacation of a drainage and utility easement
within the Pondview Addition, subject to Ray Williams guaranteeing
the cost for the relocation of the utilities within the easement.
All voted in favor.
PROJECT 581/HILLS OF STONEBRIDGE 2ND ADDITION/STORM SEWER
AND WATERMAIN
City Administrator Tom Hedges presented the matter to the
Council. Mark Hanson (Bonestroo) made a presentation regarding the
engineering report. He explained the proposed assessment methods.
City Administrator Tom Hedges referenced the Buehler letter
(attached hereto as Exhibit A).
Don Klein, 470 Dodd Road, informed the Council he was opposed
to the improvements. He felt the developers should bear the cost
and that the assessments were too high. He stated he would appeal
the assessments. He presented a written objection. (See Exhibit B).
Page 9/EAGAN CITY COUNCIL MINUTES
September 19, 1989
Mrs. McCarthy was present and filed an objection letter (See
Exhibit C).
Jim Meyer presented an objection letter to the Council (See
Exhibit D). He commented that the taxes were too high.
David Ecko was opposed to the assessment. Mr. Hedges stated
that his objection letter could be mailed.
Mayor Ellison had questions regarding the assessment. Mark
Hanson explained the assessment procedure. Councilmember McCrea
commented that the citizens should be aware of the appeal and
deferral process. Mr. Hedges explained the assessment appeal
process.
Dennis Bartell questioned the assessment method. Mark Hanson
explained the credits.
Peter Molinero (United Mortgage) had concerns regarding who
would pay for the easements being acquired for the pond. Mark
Hanson pointed out that the developer grading would block the
flowage. City Attorney Jim Sheldon pointed out that the acquisition
costs could be a project cost which would be assessed to the
benefited property. Mayor Ellison questioned if Pond JP-27 would be
assessable. Mark Hanson replied that the cost for the acquisition
was not included in the report. The developer pointed out that
there was natural drainage and they were being forced to create a
pond from which they would receive no benefit. Councilmember McCrea
explained it was not a fixed cost. Councilmember Egan stated that
there would be two public hearings.
McCrea moved, Gustafson seconded, the motion to close the
public hearing and approve Project 581 (Hills of Stonebridge 2nd
Addition - Storm Sewer and Watermain). All voted in favor.
CONTRACT 89-22/APPROVE PLANS/AUTHORIZE ADS FOR BIDS
(HILLS OF STONEBRIDGE 2ND ADDITION)
Egan moved, McCrea seconded, the motion to approve the plans
for Contract 89-22 (Hills of Stonebridge 2nd Addition - Storm Sewer
and Watermain) and authorize the advertisement for a bid opening to
be held at 10:00 a.m., Monday, October 2, 1989. All voted in favor.
SENECA/FINAL PLAT
City Administrator Tom Hedges recapped the background and
referenced the staff report memorandum which addressed the final
plat and development agreement and the dewatering and odor issues
course of action. Community Development Director Dale Runkle
reviewed the conditions and informed the Council he had been in
Page 10/EAGAN CITY COUNCIL MINUTES
September 19, 1989
contact with Becky Comstock and Metcalf & Eddy. He stated that
staff concluded that the conditions of the final plat had been met.
City Attorney Jim Sheldon informed the Council that the City
must prove at the hearing scheduled for Friday, September 22, 1989,
that the MWCC was not in compliance. He reported that based on his
information, he did not feel there was a basis to deny the final
plat.
Councilmember Wachter questioned the dewatering. Mr. Runkle
explained the dewatering permit process and indicated that the City
did not have jurisdiction. Mayor Ellison reported that as Mayor of
Eagan he had requested the DNR hearing on the need for the permit.
Councilmember McCrea asked if the hearing was on an amended permit.
Mr. Runkle replied yes. McCrea questioned who was on the hearing
panel. Mr. Sheldon explained an administrative law judge was on the
hearing panel. Councilmember Wachter felt the matter remained in
the legislature's lap. He commented that the dewatering could be
continued until February. Mayor Ellison pointed out that the permit
expires in February. Councilmember Egan asked if the City was
operating under Chapter 105. Mr. Sheldon responded yes. Mr. Egan
questioned if a signed statement could be obtained without the
permit. Mr. Sheldon pointed out that the hearing was only on the
amended permit. He stated it was granted within the last thirty
days. Egan questioned who were the parties involved and why there
was an amended permit. Mr. Sheldon emphasized that it was initiated
by the DNR.
Jean Matross (MWCC Counsel) reported that the Commission had
been responsive throughout the process. She submitted a letter
showing all correspondence and minutes of the meetings.
Ed DeLaForest (MWCC Division of Engineering) was available for
questions regarding the project.
Betty Bassett informed the Council that problems still
existed. She read Section 105. She commented that the dewatering
was illegal and stated she was upset at the illegal environmental
action. She pointed out that the water was low. She felt the State
agencies were passing the buck. She stressed that the neighbors
were suffering and that the ground may collapse. She reported that
the wells were polluted and that the City of Eagan should help with
the pollution of the wells. She felt there were terms left out of
the contract and that the City had been misled. She referenced the
permit language wherein the MWCC said it would not affect the
environment. She told the Council "If you approve the plat, you're
condoning an illegal action."
Mayor Ellison asked what the DNR permit had to do with the
final plat. He felt they were separate issues. Ms. Bassett stated
they were connected issues. Council.member Gustafson felt the
Page 11/EAGAN CITY COUNCIL MINUTES
September 19, 1989
problem was between the DNR and the Legislature and that the City
could not do something the Legislature couldn't do. He felt the
final plat was a separate issue from the dewatering issue.
Councilmember Wachter asked Ms. Bassett how long she had lived
in the area. She responded nine years. Councilmember Wachter had
questions regarding the past MWCC commitments. Ms. Bassett reported
that the MWCC had never kept any promises in the past.
Al Ehrens, 2133 Silver Bell, advised that it had been eighteen
years since the Seneca Plant was constructed. He stated that under
sizing was a problem and that the smell had been increasing. He
reported that the neighbors had been complaining for a year and
that the water quality was down. He felt the City should hook up
the water. City Administrator Tom Hedges explained that the MWCC
had agreed to hook up the water wells.
Mr. DeLaForest stressed that the MWCC would pay for all
residents whose water supply wasn't adequate. He stated that in the
case of contaminated wells, the MWCC would provide bottled water on
a goodwill basis. Councilmember McCrea asked if the MWCC was
admitting the affect on the neighbors by the dewatering. Mr.
DeLaForest pointed out that the MWCC denied any responsibility for
the contamination and that Dakota County had agreed that the Seneca
Plant was not the source of the contaminants. Councilmember Egan
questioned the two pronged policy. Mr. DeLaForest explained it was
not an economic reason. Mayor Ellison emphasized that trust and
credibility was crucial. He questioned what had been done in the
last year. Mr. DeLaForest explained that it was performance that
counted and that two facilities, the lift and water stations, had
been upgraded. He explained that the lift station was the source
and that they had installed a carbon system. He also pointed out
that a new system would be installed. He further explained that a
portable scrubbing unit had been installed.
Mr. Ehrens felt the filter system should have been changed and
that the City of Eagan should be responsible for the polluted
wells.
Mr. DeLaForest explained that the carbon system was only one
year old and that in August options had been explored.
Councilmember Gustafson had questions regarding the replacement of
the charcoal. Mr. DeLaForest stated he would check into the matter.
Councilmember Gustafson requested that the MWCC hook up all area
residents who required and requested a hook up. Councilmember
McCrea felt the existing system should be repaired while awaiting
the new system. She stated the water hook up policy and odor
control would be reexamined.
Mary Ramnarine, 3785 Nicols, informed the Council her well was
contaminated and she was angry. She stated the well had been
Page 12/EAGAN CITY COUNCIL MINUTES
September 19, 1989
repaired but that the pollution continues. She stated the water
could not be used for anything and that the citizens were getting
the run-around. She felt the City should be responsible for the
hook ups. She had concerns regarding the bleach spill as it might
affect the Spencer well. She urged plat denial. She pointed out
that the wetlands were drying up.
Mayor Ellison asked why she did not hook up and worry about
the payments later.
John Wesley stated there was a tragic effect on the neighbors
and pointed out that the consent decree did not require expansion.
He felt the development agreement had loop holes and that
government bodies had double standards. He referenced City Code
13(10)(5) which required State statute compliance. He felt the
issues could not be ignored and felt there was a waste of tax
money. He urged final plat denial.
Councilmember Gustafson explained that City staff, the City
Attorney and the consulting attorney recommended to the Council
that the final plat approval not be denied. He asked Mr. Wesley if
he felt the Council could deny the final plat. Mr. Wesley felt the
judiciary should act on the matter. Gustafson pointed out that the
City would need to show a cause for plat denial.
Councilmember Wachter stated that as the senior member of the
Council, he felt that the people in the area had suffered. He
stressed the need to help the people. He felt the MWCC had broken
faith. He remarked his heart was not behind the approval, as the
people needed assistance. He felt a judge should decide.
Councilmember Gustafson asked if the Council approved the
plat, could it attach additional conditions such as well hook ups.
Mr. Sheldon explained that the conditions must be reasonable and it
would have to be a judgment call. He asked what action the City
would take if the MWCC did not comply.
Councilmember Egan explained that he had received several
memos before the meeting regarding the plant. He felt the odor
abatement on the site was an adequate method but felt the critical
issue was the dewatering. He stated that as long as the process was
proceeding, the contractor could not begin construction. He felt
there was a credibility gap between the Seneca Plant and the
residents. He reiterated that the dewatering was very relevant and
felt it should be discussed in the context of the final plat
approval. He informed the citizens it would have been a condition
if the Council had known about the dewatering. He expressed his
belief that the City had a right to reform the contract and pointed
out that a mutual mistake had been made. He explained the process
was contingent on the dewatering permit approval. He felt corners
Page 13/EAGAN CITY COUNCIL MINUTES
September 19, 1989
should not be cut and that the City would be shirking its
responsibility if it did.
Mayor Ellison announced that the Seneca problem had existed
for seventeen years and that the upgrade of the plant gave the City
leverage. He felt the development plan was rock solid and stated
that the City would solve the neighbor concerns and the Seneca
needs. He understood the leariness of the neighbors but explained
that the new MWCC must be given a chance. He stated the residents
should be hooked up right away. He emphasized that staff had
informed the Council that the MWCC had met all requirements. He
felt the City should not get involved in a losing legal battle. He
felt the problems would not be resolved until the construction
began. He pointed out that the MWCC had four or five steps before
the occupancy permit would be issued. He explained the Council had
no choice but to grant the final plat. He requested a dewatering
hearing. He reiterated he wanted the seventeen year problem
resolved.
Councilmember McCrea felt the Council had been misled but that
there was nothing that could be done about it. She stated the City
did not have controls over certain matters. She announced it was up
to the Council to try to make the right decision. She had read all
of the reports and felt the dewatering issue was a priority issue.
She commented that if the Council denied the final plat, it would
lose and pay the legal fees for the MWCC. She pointed out that the
MWCC had met the plat conditions. She felt the City would win on a
well hook up issue as it is reasonably related. She felt it would
be wrong to deny the final plat with the information she had
available to her. She stated she felt badly about it.
Councilmember Gustafson empathized with the residents and
stated he felt dewatering seemed illegal. He felt the City was
being asked by some residents to defy the laws also and that the
Council should not do it. He requested a condition be added to the
final plat that the MWCC hook up the residents.
Councilmember Egan argued against approval. Councilmember
McCrea suggested adding condition requiring an escrow account to
utilize the consultants as needed until the occupancy permit was
issued, with any costs being the responsibility of MWCC.
Councilmember Gustafson asked how the fund would be set up and how
the amount would be determined. City Administrator Tom Hedges
pointed out that the City waived a right of an escrow agreement. He
stated this would be a re-instatement of the escrow account and
that there would be a need for restrictions. Councilmember McCrea
stated the odor control committee would get the information from
the consultants. Community Development Director Dale Runkle agreed
with the conditions. Mr. Hedges pointed out that the hook up would
not waive other rights. Mr. Runkle agreed.
Page 1.4/EAGAN CITY COUNCIL MINUTES
September 19, 1989
Councilmember Egan remarked he wanted the plant to be
constructed correctly and that the final plat should be attached to
the dewatering issue. He has a great respect for the staff input
but felt the dewatering issue was of profound importance. He stated
there were grounds for amending the conditions of the preliminary
plat. He felt the only safeguard the City had was the occupancy
permit and felt the Court would not stop such a permit. He felt the
approval should be tied to the completion of the dewatering permit
public hearing process. Mayor Ellison pointed out that the
conditions were not enforceable but that they were only
suggestions. City Attorney Jim Sheldon remarked that the Council
opinion must be reasonable and that there must be a rational basis.
He stated that the Court would make the final decision.
Councilmember Gustafson asked if the Court should throw out one
issue, if all of the issues would be thrown out. Mr. Sheldon
explained that the issue would not be decided on Friday, but that
the Court could review each condition individually. Gustafson asked
if further construction would be prevented by bringing the
dewatering issue in as a condition. Egan stated that construction
could not begin. He felt the final plat was irrelevant because
construction did not have a final permit.
Mayor Ellison asked the Council if the fourth proposed
condition was acceptable. Councilmember Gustafson responded he
would not accept the fourth condition. Councilmember McCrea agreed
as the City did not have control over the dewatering. She asked if
the MWCC would respond to the three conditions. Mr. DeLaForest
remarked he did not have authority to respond. He pointed out the
MWCC needed to move ahead right now as the contractor was working.
He stated the MWCC would consider the conditions. McCrea stated she
wanted the MWCC to be responsive. She also stated she wanted the
consultant fees for the dewatering to be paid by the MWCC. Mayor
Ellison requested staff contact Mr. Voss as soon as possible. Mr.
Hedges stated staff would be in contact with Mr. Voss.
Gustafson moved, McCrea seconded, the motion to approve the
final plat and development agreement for the Seneca Plant
Expansion, subject to the following conditions:
1. Every affected resident of the Seneca neighborhood who
consent to having City water service shall have water connected at
no expense to the residence within 30 days, with the cost to be
paid by the MWCC. The residents shall retain all property rights
except the cost of hook up.
2. The MWCC establish an escrow account with the City for the
purpose of utilizing consultants as needed to monitor MWCC
compliance and dewatering until such time as the occupancy permit
is issued, with all related costs to be the responsibility of the
MWCC.
Page 15/EAGAN CITY COUNCIL MINUTES
September 19, 1989
3. The odor control committee to receive all information from
the consultant services.
Ellison, Gustafson and McCrea voted in favor; Wachter and Egan
voted against. R-89.60
PARK AND TRAIL POLICY/AMENDMENT TO CITY CODE/CHAPTER 13
City Administrator Tom Hedges summarized the matter for the
Council.
Gustafson moved, Wachter seconded, the motion to approve a
continuation of an amendment to the City Code, Chapter 13, Park and
Trail Dedication Policy to the October 17, 1989 City Council
meeting. All voted in favor.
DAKOTA COUNTY STATE BANK/REQUEST TO WAIVE ASSESSMENTS
City Administrator Tom Hedges briefed the Council regarding
the matter.
Gustafson moved, Wachter seconded, the motion to approve a
continuation of the Dakota County State Bank request to waive
assessments until the October 17, 1989 City Council meeting, to
allow the City staff to present an ordinance relating to connection
charges and further to consider the specific request of Dakota
County State Bank to waive assessments on its property on Deerwood
Drive and Blackhawk Drive intersection. All voted in favor.
ECONOMIC DEVELOPMENT WORK PLAN CONSIDERATION
City Administrator Tom Hedges presented the matter to the
Council. Mayor Ellison asked if there were any amendments to the
plan. Councilmember Wachter stated there was not a need for
amendments. Councilmember Gustafson commended the committee's
efforts.
Wachter moved, Gustafson seconded, the motion to adopt the
City's five-year economic development strategic plan and associated
work plans as presented. All voted in favor.
MASAC APPOINTMENT
City Administrator Tom Hedges presented the matter to the
Council. Councilmember McCrea stated she felt there was a need for
a permanent replacement as it was an important committee. Mayor
Ellison agreed.
After the Council vote, City Administrator Tom Hedges stated
the Council had voted to appoint Larry Alderks as a permanent
Page 16/EAGAN CITY COUNCIL MINUTES
September 19, 1989
replacement as alternate representative to the MASAC, to fill the
unexpired term of Bill Lesiecki.
SOLID WASTE FUNDING APPLICATION
City Administrator Tom Hedges updated the Council on the
matter. Councilmember McCrea had questions regarding the contracted
services. John Hohenstein stated the contracted services were for
such things as household hazardous waste, compost, the redemption
center, etc. McCrea questioned how the recycling money was
distributed. Mr. Hohenstein replied that the dollars went to the
hauler.
Egan moved, Wachter seconded, the motion to approve the
application for the Dakota County Solid Waste Abatement Funding
program for submittal to the County Board. All voted in favor.
JAMES BARTIZAL/SPECIAL USE PERMIT/CHRISTMAS TREE SALES
City Administrator Tom Hedges introduced the matter. Community
Development Director Dale Runkle supplied further information for
the Council.
Gustafson moved, Wachter seconded, the motion to approve a
special use permit for James Bartizal to allow the temporary sale
of Christmas trees in the Thomas Lake Shopping Center, subject to
the following conditions:
1. The permit is temporary and shall expire after December 25,
1989.
2. The permit shall be subject to all applicable Code
requirements.
All voted in favor.
ISD #197/SPECIAL USE PERMIT/PORTABLE CLASSROOM
Community Development Director Dale Runkle presented the
application to the Council. Councilmember Egan stated there was a
need for justification for the special use permit. Lois Raffe (ISD
#197) explained to the Council that the space was needed because
two elementary schools had been closed.
Wachter moved, McCrea seconded, the motion to approve a
special use permit as requested by Independent School District No.
197 for construction of a 3,600 square foot portable classroom
structure at the Pilot Knob Elementary School, subject to the
following conditions:
Page 17/EAGAN CITY COUNCIL MINUTES
September 19, 1989
1. The portable classroom shall be handicapped accessible, if
necessary.
2. All City building permit requirements and building Code
standards shall be met.
3. The permit shall be valid through the 1993/1994 school
year. Further use will require reapplication.
All voted in favor.
BOY SCOUT TROOP NO. 345/SPECIAL USE PERMIT/CHRISTMAS TREE SALES
Community Development Director Dale Runkle presented the
matter to the Council.
Gustafson moved, Egan seconded, the motion to approve a
special use permit as requested by the Boy Scouts of America, Troop
No. 345, to allow temporary Christmas tree sales at the
intersection of Cliff Road and Cliff Lake Road, subject to the
following conditions:
1. This permit shall expire December 24, 1989.
2. All debris shall be removed by January 1, 1990.
All voted in favor.
BOY SCOUTS TROOP NO. 510/SPECIAL USE PERMIT/CHRISTMAS TREE SALES
Community Development Director Dale Runkle summarized the
application for the council.
Gustafson moved, Egan seconded, the motion to approve the
special use permit as requested by Boy Scouts of America, Troop No.
510, to allow temporary Christmas tree sales on Outlot A, Town
Centre 9th Addition, subject to the following conditions:
1. Sale of Christmas trees shall be permitted from October 24,
1989 to December 24, 1989 only.
2. All debris, as well as installed equipment, shall be
removed from the site on or before January 1, 1990.
All voted in favor.
WESCOTT SQUARE ADDITION/PRELIMINARY PLAT EXTENSION
City Administrator Tom Hedges explained the necessity for the
extension to the Council. Councilmember Gustafson pointed out that
an additional condition was to be added to the preliminary plat by
Page 18/EAGAN CITY COUNCIL MINUTES
September 19, 1989
the extension. He questioned if the developer would accept the
additional condition. The developer stated he had not considered
the condition but was willing to look at it.
Egan moved, McCrea seconded, the motion to approve a one year
preliminary plat extension for Wescott Square Addition, located at
the southwest intersection of Yankee Doodle Road and Elrene Road,
subject to the condition that all open space green areas shall have
an underground irrigation system and that additional right-of-way
along Yankee Doodle Road may be necessary. All voted in favor.
JONATHAN R. YANTA/SPECIAL HUNTING SEASON REQUEST
City Administrator Tom Hedges presented the background
information to the Council. Mayor Ellison stated that the Council
had not passed a ban on hunting but only discharge of dangerous
weapons. There was much discussion regarding the signage.
Egan moved, Wachter seconded, the motion to approve a request
from Mr. Jonathan Yanta for the establishment of a special hunting
season for him for the purposes of wildlife management on a 60 acre
parcel of land which he leases within the City of Eagan for deer,
goose and pheasant hunting from September 16, 1989 through December
31, 1989, inclusive, subject to the following conditions:
1. Installation and implementation of large, readable and
unremovable signs which indicate "No Public Hunting", with the
exact wording to be approved by the Eagan Police Department.
2. Applicant presenting a plat map outlining Joe Kennealy's
property and all contiguous property that would be affected by this
special hunt.
3. Applicant providing license plate numbers for all
individuals' cars who will be hunting during this special season.
4. Each individual hunting on the subject property to carry a
special hunting permit signed by the property owner (Joe Kennealy).
5. The specific dates in which to hunt the subject property
are:
Bow Hunting for Deer which starts September 16, 1989
through December 31, 1989.
Duck and goose hunting which dates to be determined.
Pheasant hunting which starts October 15, 1989 through
December 3, 1989.
Page 19/EAGAN CITY COUNCIL MINUTES
September 19, 1989
6. No more than four to five hunters at any given time shall
be hunting on the subject property.
Gustafson, Ellison, McCrea and Egan voted in favor; Wachter
voted against.
HIGHWAY SALES/CONDITIONAL USE PERMIT/SALES AND LEASING
City Administrator Tom Hedges informed the Council that the
Advisory Planning Commission recommended approval of the permit.
Community Development Director Dale Runkle summarized the staff
report for the Council. James Hardin (counsel for the applicant)
informed the Council he was available for questions and commented
that the applicant agreed to the conditions.
McCrea moved, Gustafson seconded, the motion to approve a
conditional use permit to allow tractor sales and leasing in the
Light Industrial district located in the Eagandale Industrial Park
in the southwest corner of the intersection of Lone Oak Road and
Highway 55 in the northeast quarter of Section 11 and the northwest
quarter of Section 12, subject to the following conditions:
1. No more than eight tractors shall be located at this site
for leasing or selling at one time.
2. No automobile leasing or selling shall be allowed.
All voted in favor.
PEACE REFORMED CHURCH/CONDITIONAL USE PERMIT/PYLON SIGN
City Administrator Tom Hedges informed the Council that the
Advisory Planning Commission recommended approval of the matter.
Community Development Director Dale Runkle updated the Council
regarding the permit.
Gustafson moved, Wachter seconded, the motion to approve a
conditional use permit to allow a pylon sign in the Public
Facilities district located in the southwest corner of the
intersection of Glory Drive and Nicols Road in the northwest
quarter of Section 30 for Peace Reformed Church. All voted in favor.
PHILLIPS 66 FIRST ADDITION/REPLAT/PRELIMINARY PLAT/
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/
CONDITIONAL USE PERMIT
City Administrator Tom Hedges provided background information
for the Council. Community Development Director Dale Runkle updated
the Council regarding the staff report and the Advisory Planning
Commission meeting. He suggested employee parking and landscaping
alternatives. Councilmember Egan had questions regarding increased
Page 20/EAGAN CITY COUNCIL MINUTES
September 19, 1989 -
density. Mr. Runkle explained. Egan felt it was an improvement as
the land was being taken out of the Commercial category.
Arlan Allison (applicant) explained the parking modifications.
He had concerns regarding the extension of the six-foot sidewalk.
Egan moved, McCrea seconded, the motion to approve a
Comprehensive Guide Plan amendment from Agricultural to General
Business of approximately 0.78 acres as requested by Phillips 66.
All voted in favor.
Egan moved, McCrea seconded, the motion to approve a rezoning
of approximately 0.78 acres from Agricultural to Planned
Development district as requested by Phillips 66 for the George W.
Giles Addition (Phillips 66 First Addition Replat). All voted in
favor.
Egan moved, McCrea seconded, the motion to approve a
preliminary plat consisting of two lots located along the west side
of Pilot Knob Road, north of Duckwood Drive in the northeast
quarter of Section 16, for the George W. Giles Addition (Phillips
66 First Addition Replat) subject to the following conditions:
1. The following standard conditions of plat approval as
adopted by Council action on September 15, 1987 shall be complied
with: Al, B1, B2, C1, C2, C4, El and Fl.
2. The well and septic system shall be abandoned to WPC-40
and City standards.
3. No outside displays or sales shall be permitted.
4. All signage shall be subject to the City's one time sign
fee of $2.50 per square foot and no fabric type signage shall be
allowed on a permanent basis.
5. The pylon sign shall not exceed 27 feet in height, with a
maximum signage area of 125 square feet per side.
6. The parking stalls shall be 10 feet wide.
7. No development other than the pylon sign and employee
parking shall be allowed west of the cross easement.
8. Irrigation shall be required and a two foot berm shall be
provided along Duckwood Drive.
9. The trash enclosure shall be located on the west side of
the car wash facility.
10. Flag poles shall not exceed 27 feet in height.
Page 21/EAGAN CITY COUNCIL MINUTES
September 19, 1989
11. A 40 foot half right-of-way is required for Duckwood Drive.
12. Lot 2 shall convey its surface water runoff to the
existing storm sewer system in the intersection of Pilot Knob Road
and Duckwood Drive. Outlot A shall convey its future surface water
runoff to the existing storm sewer system in Pilot Knob Road.
13. The clean-out for the sanitary sewer service for the car
wash shall be a standard manhole to facilitate cleaning and
maintenance.
14. A restricted access easement shall be dedicated adjacent
to Pilot Knob Road and Duckwood Drive with the exception of two
50-foot access points from Duckwood Drive opposite Crestridge Lane
and the entrance to Duckwood Crossing on the south.
15. A six-foot concrete sidewalk shall be installed along the
entire frontage of Duckwood Drive.
16. Upon the individual sale, transfer or conveyance of either
Lot 1, Block 1 or Outlot A, the owner shall grant or reserve an
easement, to be approved by the City, for ingress and egress across
Lot 1 for the benefit of Outlot A.
17. All parking spaces shall be designated by striping or
other means; to be determined by staff working with the developer.
All voted in favor.
Egan moved, McCrea seconded, the motion to approve a
conditional use permit to allow motor fuel sales and a car wash
located along the west side of Pilot Knob Road north of Duckwood
Drive in the northeast quarter of Section 16. All voted in favor.
R-89.61
CONSTITUTION WEEK/SEPTEMBER 17 THROUGH 23, 1989
Egan moved, McCrea seconded, the motion to proclaim the week
of September 17 through September 23, 1989 as Constitution Week.
All voted in favor.
CONTRACT 87-CC, FINAL ACCEPTANCE (BRIDLE RIDGE 1ST ADDITION
- STREETS AND UTILITIES)
Gustafson moved, Wachter seconded, the motion to approve
Contract 87-CC (Bridle Ridge 1st Addition - Streets and Utilities)
for final acceptance and perpetual maintenance, subject to
appropriate warranty provisions. All voted in favor.
Page 22/EAGAN CITY COUNCIL MINUTES
September 19, 1989
CONTRACT 84-C, FINAL ACCEPTANCE (FAWN RIDGE 1ST ADDITION -
STREETS AND UTILITIES)
Gustafson moved, Wachter seconded, the motion to approve
Contract 84-C (Fawn Ridge 1st Addition - Streets and Utilities) for
final acceptance and perpetual maintenance, subject to appropriate
warranty provisions. All voted in favor.
CONTRACT 87-TT, FINAL ACCEPTANCE (JEAN ADDITION -
WATER AND SEWER SERVICES)
Egan moved, Gustafson seconded, the motion to approve Contract
87-TT (Jean Addition - Water and Sewer Services) for final
acceptance and perpetual maintenance, subject to the appropriate
warranty provisions. All voted in favor.
CONTRACT 89-17, APPROVE PLANS AND SPECIFICATIONS/AUTHORIZE AD
FOR BIDS (NORTHVIEW PARK PARKING LOT AND STREET IMPROVEMENTS)
Wachter moved, Gustafson seconded, the motion to approve the
plans and specifications for Contract 89-17 (Northview Park Parking
Lot and Street Improvements) and authorize the advertisement for a
bid opening to be held at 10:00 a.m., Monday, October 16, 1989. All
voted in favor.
1989/90 CONTRACTUAL SNOW AND ICE CONTROL SERVICES
McCrea moved, Gustafson seconded, the motion to authorize the
advertisement for solicitation of contractual services for snow and
ice control for one main line and one cul-de-sac road with a bid
opening for 2:00 p.m., Thursday, October 12, 1989. All voted in
favor.
PROJECT 586, RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT
(SOUTH OAKS ADDITION - STREET LIGHTS)
Egan moved, Gustafson seconded, the motion to receive the
petition for Project 586 (South Oaks Addition - Street Lights) and
authorize the preparation of the feasibility report. All voted in
favor.
VISITORS TO BE HEARD
COVENTRY PASS
Ron Hellmer (United Mortgage) requested the Council approve
the final plat for Coventry Pass. He informed the Council that the
development agreement had not yet been signed. Councilmember McCrea
asked staff for an update. Community Development Director Dale
Runkle informed the Council there were time constraints and that
Page 23/EAGAN CITY COUNCIL MINUTES
September 19, 1989
the staff was working on the agreement. Councilmember Egan
suggested hearing the matter at the September 28, 1989 special
meeting. City Administrator Tom Hedges pointed out that the
September 28, 1989 special meeting may be continued to October 5 or
10. Mayor Ellison asked if the Council had a choice but to approve.
City Attorney Jim Sheldon explained the City needed further
information from the developer.
Larry Guthrie informed the Council the final plat was
submitted on the 14th and he requested approval. Mr. Hellmer stated
the developer would work with staff. Councilmember Wachter
suggested review by Mr. Runkle and Council approval on September
28. Mayor Ellison informed the developer that the matter would be
heard by the Council at the next regular Council meeting.
CINNAMON RIDGE
Rick Matheson (representative of Cinnamon Ridge) informed the
Council that HUD had acquired property due to fraud and that the
Homeowners Association lost between $15,000 and $20,000. He stated
there was equity skimming and things were not above-board. He
requested the City accept the streets for perpetual maintenance.
Mayor Ellison requested staff investigate the matter and report
back to the Council. City Administrator Tom Hedges responded that
staff would review the matter.
SPECIAL CITY COUNCIL MEETING/OCTOBER 10, 1989
City Administrator Tom Hedges recommended a special Council
meeting be held on October 10, 1989 at 7:00 p.m.
Egan moved, Gustafson seconded, the motion to approve a
special City Council meeting for October 10, 1989 at 7:00 p.m. All
voted in favor.
BRAUN APPEAL SETTLEMENT
Egan moved, Gustafson seconded, the motion to accept the Braun
Appeal Settlement. All voted in favor
STERNS ADDITION
Wachter moved, McCrea seconded, the motion to approve the
authorization for payment of easement acquisition for the Sterns
Addition. All voted in favor.
BRITTANY 10TH ADDITION
Wachter moved, Egan seconded, the motion to extend until the
October 3, 1989 City Council meeting, the default resolution for
Brittany 10th Addition. All voted in favor.
Page 24/EAGAN CITY COUNCIL MINUTES
September 19, 1989
CHECKLIST
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated September 19, 1989 in the amount of $1,016,918.67.
All voted in favor.
ADJOURNMENT
The September 19, 1989 City Council meeting was adjourned at
11:40 p.m.
CITY OF EAGAN
qA-%A A~ ipe 0-
E. VanOverbeke
Ci Clerk