10/03/1989 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
OCTOBER 3, 1989
A regular meeting of the Eagan City Council was held on
Tuesday, October 3, 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, Public Works Director Tom Colbert
and City Attorney James Sheldon.
AGENDA
City Administrator Tom Hedges informed the Council that Item C
(Project 536, Final Assessment Roll - South Oaks Addition) and Item
F (Project 529, Final Assessment Roll - Cliff Lake Center) under
Public Hearings were to be continued. He also pointed out that Item
A under old Business (Cedarvale Boulevard - Vacate Right-of-way)
should be listed under the Public Hearing section.
Wachter moved, McCrea seconded, the motion to approve the
agenda as amended. All voted in favor.
MINUTES
September 19, 1989. Councilmember Egan pointed out the need
for a spelling correction on page 11, in the last paragraph. "Mary
Ranerite" should be corrected to "Mary Ramnarine".
Egan moved, McCrea seconded, the motion to approve the minutes
for the September 19, 1989 regular Council meeting as amended. All
voted in favor.
August 30, 1989.
Wachter moved, Egan seconded, the motion to approve the
minutes for the August 30, 1989 special Council meeting as
presented. All voted in favor.
September 12, 1989.
Wachter moved, McCrea seconded, the motion to approve the
minutes for the September 12, 1989 special Council meeting as
presented. All voted in favor.
DEPARTMENT HEAD BUSINESS
City Administrator Tom Hedges informed the Council that in the
50th anniversary issue of the First Class magazine, there was an
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October 3, 1989
article with quotes from Chief Southorn regarding the City's
Peterbilt equipment.
Councilmember Wachter requested an update regarding the
landscape policy. Parks and Recreation Director Ken Vraa updated
the Council and stated that a draft statement would be before the
Council within a month.
Councilmember Wachter had questions regarding the compost pile
and asked if there was a necessity to put up signs to alleviate any
traffic problems. Administrative Assistant Jon Hohenstein stated
there was no change to the traffic pattern at the present time but
he would keep checking on the situation.
SENECA PLANT
Councilmember Wachter announced he felt the residents near the
Seneca Plant had been taking the brunt of the problems not only for
the City of Eagan but also for other neighboring communities. He
suggested the Council pass a resolution recommending that the MWCC
pay $5,000.00 to each household for the inconvenience they had put
up with over the years. Councilmembers Egan and Wachter both felt
it would be a good faith gesture. Mayor Ellison commented he had
concerns that the cash would not solve the problems regarding the
matter.
Wachter moved, Egan seconded, the motion to approve a
resolution recommending that the MWCC pay $5,000.00 to each
resident of Wuthering Heights to reimburse them for the ongoing
inconvenience. All voted in favor.
CONSENT AGENDA
A. Personnel Items.
1. Seasonal Park Attendant.
City Administrator Tom Hedges informed the Council that he had
authorized a change of position for Lei Lani Dick from seasonal
concession worker to seasonal park attendant. No action was
required on this item.
2. Seasonal Street Maintenance Worker.
City Administrator Tom Hedges informed the Council that he had
authorized the hiring of Jeffrey Schaefer as a seasonal street
maintenance worker for the current season. No action was required
on this item.
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October 3, 1989
3. Seasonal Park Maintenance Worker.
City Administrator Tom Hedges informed the Council that he had
authorized the hiring of David Baumann as a seasonal park
maintenance worker for the current season. No action was required
on this item.
4. Sick Leave Policy.
Councilmember Gustafson asked which of the recommended actions
the Council was supporting. He recommended referring both policies
to the personnel committee. Councilmember McCrea asked for further
explanation as she had concerns regarding the policies becoming an
administrative nightmare. City Administrator Tom Hedges updated the
Council regarding the policies. Mayor Ellison asked if staff had
checked with other cities. Mr. Hedges stated staff had reviewed the
matter and that it had worked well with other cities.
It was recommended to refer both the Use of Sick Leave for
Wellness Activities Policy and the Sick Leave Accrual Policy to the
personnel committee of the City Council for further study and
consideration.
B. Plumbers Licenses.
It was recommended to approve the list of plumbers licenses as
presented.
C. Approve List, Election Judges, November 7, 1989 Municipal
Election.
It was recommended to approve the list of election judges for
the City of Eagan Municipal Election which will be held on November
7, 1989 as presented.
D. Resolution, Authorize City Participation in Minnesota
Municipal Money Market Fund.
It was recommended to approve the resolution authorizing City
participation in the Minnesota Municipal Money Market Fund.
E. General Fund Budget Adjustments for 1989.
It was recommended to approve the general fund adjustments
including the revised solid waste abatement budget.
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October 3, 1989
F. Receive Bids/Award Contract, Re-roofing of the Fire
Administration Building.
Councilmember Wachter asked if the rotting boards would be
replaced and the insulation would be increased. City Administrator
Tom Hedges responded that rotting boards would be checked and
replaced and that he would check into the insulation question and
report back to the Council.
It was recommended to award the contract to re-roof the Fire
Administration Building to Walker Roofing Company in the amount of
$32,150.00.
G. Proclamation, Red Ribbon Campaign Week.
It was recommended to proclaim the week of October 22 through
the 29th, 1989 as Red Ribbon Campaign Week in the City of Eagan.
R-89.63
H. License Application, Amusement Devices/Pizza Hut
Restaurant at 2130 Cliff Road.
It was recommended to approve an amusement devices license for
the Pizza Hut located at 2130 Cliff Road in the City of Eagan.
I. Contract 89-21, Receive Bids/Award Contract (Effress
Addition - Storm Sewer).
Public Works Director Tom Colbert recommended to the Council
that the bids be rejected with authorization given for
re-solicitation of new bids with a Spring of 1990 completion date.
It was recommended to reject the bids for Contract 89-21
(Effress Addition - Storm Sewer) and authorize re-solicitation of
new bids with a Spring of 1990 completion date.
J. Contract 89-22, Receive Bids/Award Contract (Hills of
Stonebridge 2nd Addition - Storm Sewer and Watermain).
It was recommended to receive the bids for Contract 89-22
(Hills of Stonebridge 2nd Addition - Trunk Storm Sewer and
Watermain) and award the contract to the lowest responsible bidder,
Brown & Cris, Inc., in the amount of $81,875.82, and authorize the
Mayor and City Clerk to execute all related documents.
K. Project 586, Receive Report/Order Public Hearing (South
Oaks - Streetlights).
It was recommended to receive the feasibility report for
Project 586 (South Oaks Addition - Streetlights) and schedule a
public hearing to be held on November 9, 1989.
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October 3, 1989
L. Contract 89-05, Consideration for Award of Contract
(Skyline Road/Sibley Hills Drive - Streets and Utility
Improvements).
Councilmember Egan asked if the neighbors had been advised of
the MnDOT cost sharing participation. He requested staff keep the
neighbors advised. City Administrator Tom Hedges informed the
Council that notices would be sent regarding the construction.
Public Works Director Tom Colbert stated that the residents had not
been specifically noticed but that he would send a revised pending
assessment roll to the residents showing MnDOT participation.
Mary Lou O'Hearn, 2888 Sibley Hills Drive, had concerns
regarding restrictive covenants and stated she had sent a letter to
the City Administrator. City Administrator Tom Hedges responded to
her concerns and referred the matter to the City Attorney. City
Attorney James Sheldon informed the Council he had reviewed the
letter, the mentioned abstract entry and state law. He stated that
the covenants expired in 1985 and there was no longer a
restriction. Councilmember Egan reported that covenants were good
for 30 years which meant the covenants in question began in 1955.
Mr. Sheldon stated Councilmember Egan was correct.
It was recommended to award Contract 89-05 (Sibley Hills Drive
and Skyline Road - Streets and Utilities) to the successful lowest
responsible bidder(Brown & Cris, Inc.), and authorize the Mayor and
City Clerk to execute all related documents.
M. Project 588, Receive Petition/Authorize Feasibility Report
(Silverbell Addition - Watermain).
It was recommended to receive the petition for Project 588
(Silverbell Addition - Watermain) and authorize the preparation of
the feasibility report.
N. Project 587, Receive Petition/Authorize Feasibility Report
(Coventry Pass 2nd Addition - Storm Sewer).
It was recommended to receive the petition for Project 587
(Coventry Pass 2nd Addition - Storm Sewer) and authorize the
preparation of the feasibility report.
0. Contract 89-24, Approve Plans/Authorize Ad for
Bids/Stratford Oaks - Sanitary Sewer and Storm Sewer Improvements.
It was recommended to approve the plans and specifications for
Contract 89-24 (Stratford Oaks - Sanitary Sewer and Storm Sewer)
and authorize the advertisement for a bid opening to be held at
10:30 a.m., October 16, 1989.
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October 3, 1989
P. Contract 87-F, Final Acceptance (Bur Oak Hills - Streets
and Utilities).
It was recommended to approve Contract 87-F (Bur Oak Hills 1st
Addition - Streets and Utilities) and accept the improvements for
perpetual City maintenance, subject to appropriate warranty
provisions.
Q. Contract 89-19, Receive Bids/Award Contract (Parking Lot
Lighting - Thomas Lake Park and Ohmann Park).
It was recommended to receive the bids for Contract 89-19
(Parking Lot Lighting - Ohmann and Thomas Lake Park) and award the
contract to Corrigan Electric Company for the alternate bid no. 1
contract amount of $18,007.00.
R. Contract 89-20, Receive Bids/Award Contract (Athletic
Lighting - Bridle Ridge Park).
it was recommended to receive the bids for Contract 89-20
(Lighting for Hockey and Pleasure Ice Rinks at Bridle Ridge Park)
and to award the contract to C.S.I. Electric in the amount of
$37,000.00.
S. Contract 89-23, Approve Plans/Authorize Advertisement for
Bids (Trails at Trapp Farm Park and Thomas Lake Park).
It was recommended to approve the plans for Contract 89-23
(Construction of Trails at Trapp Farm Park, Thomas Lake Park and
Other Miscellaneous City Locations) and authorize the advertisement
for a bid opening to be held at 10:00 a.m., Monday, October 16,
1989.
T. Final Plat, Coventry Pass.
It was recommended to approve the final plat for Coventry Pass.
R-89.64
U. Final Plat, Oak Cliff 5th Addition.
It was recommended to approve the final plat for Oak Cliff 5th
Addition.
R-89.65
V. Contract 89-25, Approve Plans/Authorize Ad for Bids
(Rusten Road - Utility and Street Improvements).
It was recommended to approve the plans for Contract 89-25
(Rusten Road - Streets and Utilities) and authorize a bid opening
to be held at 11:00 a.m., October 16, 1989.
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October 3, 1989
McCrea moved, Wachter seconded, the motion to approve the
consent agenda items as amended, and authorize their
implementation. All voted in favor.
JOINT POWERS AGREEMENT/HOUSEHOLD HAZARDOUS WASTE
City Administrator Tom Hedges briefed the Council on the
matter.
McCrea moved, Egan seconded, the motion to approve the Joint
Powers Agreement between Dakota County, the City of Eagan, and
Unisys Corporation for household hazardous waste collection. All
voted in favor.
ZOO AMPHITHEATRE
City Administrator Tom Hedges informed the Council that he had
received petitions regarding the amphitheatre. He requested
direction from the Council in responding to the residents.
Councilmember McCrea suggested sending a letter acknowledging
receipt of the petition and further to keep the petitions on file.
Councilmember Wachter suggested responding in a newsletter and
press releases. City Administrator stated he would prepare the
press releases for the papers and the newsletter.
ANNUAL BUS TOUR
City Administrator Tom Hedges reminded the Council that the
annual bus tour would be on Thursday, October 12, 1989 at 3:00 p.m.
He pointed out that Tom Wilson, Principal for Eagan High School,
would speak regarding the new Eagan High School.
ECONOMIC DEVELOPMENT COMMISSION
City Administrator Tom Hedges requested direction from the
Council regarding the accepted resignation of Corey Cleveland from
the Economic Development Commission and his replacement. He
questioned if he should send letters to the Eagan banks notifying
them of the need for a replacement; or if he should notice the
matter in the newspaper; or if the matter should wait until the
organizational meeting.
Mayor Ellison responded he felt the City Administrator should
send letters to the businesses and wait until the organizational
meeting.
LONE OAK 2ND ADDITION/UTILITY EASEMENT VACATION
City Administrator Tom Hedges summarized the petition for the
Council. Public Works Director Tom Colbert informed the Council
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October 3, 1989
that he had received no objections regarding the petition and
recommended approval.
McCrea moved, Egan seconded, the motion to close the public
hearing and to vacate the utility easement within Lot 1, Block 1,
Lone Oak 2nd Addition as described, subject to the watermain being
relocated to a newly described easement dedicated to the City, all
at no cost, prior to issuance of the building permit. All voted in
favor.
FINAL ASSESSMENT HEARING/PROJECT 539/
EAGANDALE CENTER INDUSTRIAL PARK 10TH ADDITION
City Administrator Tom Hedges explained the hearing procedure.
Public Works Director Tom Colbert updated the Council on the
project.
Egan moved, Gustafson seconded, the motion to close the public
hearing and adopt the final assessment roll for Project 539
(Eagandale Center Industrial Park 10th Addition - Utilities) and
authorize its certification to Dakota County. All voted in favor.
FINAL ASSESSMENT HEARING/PROJECT 536/SOUTH OAKS ADDITION
Mayor Ellison opened the public hearing and stated the matter
would be continued to the October 17, 1989 City Council meeting.
Wachter moved, McCrea seconded, the motion to close the public
hearing and continue the final assessment hearing for Project 536
(South Oaks Addition - Streets and Utilities) to the October 17,
1989 City Council meeting. All voted in favor.
FINAL ASSESSMENT HEARING/PROJECT 463/EAST CLIFF ROAD
City Administrator Tom Hedges introduced the matter. Public
Works Director Tom Colbert updated the Council regarding the matter
and stated he had received no objections.
McCrea moved, Wachter seconded, the motion to close the public
hearing and adopt the final assessment roll for Project 463 (East
Cliff Road - Streets) and authorize its certification to Dakota
County. All voted in favor.
FINAL ASSESSMENT HEARING/PROJECT 525/WOODLANDS
City Administrator Tom Hedges summarized the matter for the
Council. Public Works Director Tom Colbert presented the background
information and informed the Council that he had received an
objection letter on October 2, 1989 from Wendell and Lorraine
Widstrom. He showed the layout and diagram to the Council and
explained the assessment roll allocations and rates. He reported
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October 3, 1989
that Widstroms' concerns were regarding their belief there was no
benefit to their property.
Dan Boivin (Attorney for Widstroms) pointed out on the map the
agricultural and homestead parcels of the Widstroms. He explained
the problems regarding the two ponds and stated that the Widstroms
had lost use of part of their land, approximately 1/4 acre, because
of the Woodlands development. He further pointed out that the
Widstroms received no special benefit to their property. He
reported that special assessments needed to be uniform under the
law and felt his clients were not being assessed uniformly. He
requested Council review of the matter and asked that his clients
not be assessed for the improvement.
Councilmember Wachter asked if there was cattle grazing on the
Widstrom property. Mr. Widstrom responded yes. He explained the
water problem in relation to the cattle.
Mayor Ellison requested Public Works Director Tom Colbert
explain the assessment procedure to the public.
Public Works Director Tom Colbert reviewed the procedure and
the assessments to be assessed to the Widstrom property. He stated
that the City did not assess properties twice for an improvement.
He diagramed the Widstrom and Woodland properties, the lift station
and the ponds.
Mr. Boivin remarked that the Widstrom property had decreased
in value and that the benefit was to the Woodlands development and
the other three lots. Mayor Ellison pointed out that the trunk
storm sewer improvements increased the value of property. Mr.
Boivin responded that the improvement would only bring the Widstrom
property back up to its current value.
Public Works Director Tom Colbert asked the Widstroms where
the water runoff was on their property. Mr. Widstrom stated the
water ran east of the Widstrom property onto the Woodlands.
Mayor Ellison pointed out that Green Acres was available to
ten acre tracts. Mrs. Widstrom had concerns regarding the interest
involved with Green Acres. She stated that she had called the City
regarding paint in the storm sewer and pond and that an Eagan
representative explained it was hydraulic oil. She further stated
that the City of Eagan had cleaned up the hydraulic oil but had
concerns because the Eagan representative was inconsiderate. City
Administrator Tom Hedges reported that he had received a notice
from Dakota County that it had cleaned up the oil. Mr. Widstrom
informed the Council that City employee, Mr. Bruestle, was the
Eagan employee they had been in contact with. City Administrator
Tom Hedges stated he would check into the actions of the City
employee. He further pointed out that land uses were currently
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October 3, 1989
being discussed and that Community Development Director Dale Runkle
would contact the Widstroms and explain the matter.
Greg Whipple informed the Council he had purchased the
property in the triangular piece and that he had received no
written notice of the public hearing. He had been informed of the
meeting by telephone. He requested R-1 zoning on his property.
City Administrator Tom Hedges explained the land use
designation and zoning review and further explained the assessment
rate allocation according to use designation. City Attorney James
Sheldon commented that the City Council had an opportunity to
re-evaluate assessments and to re-assess as needed.
Mr. Whipple objected to the assessment and asked when the land
use would change. City Administrator Tom Hedges responded that he
would be contacting all owners in the near future. Community
Development Director Dale Runkle updated the Council regarding the
status of the matter.
Public Works Director Tom Colbert pointed out that Mr. Whipple
was not listed as an owner in the County records and that was the
reason he was not noticed. He further stated there was no record of
the lot split. Mr. Whipple explained he purchased the property on
Contract for Deed and had not yet received a deed from Gopher
Smelting. City Administrator Tom Hedges suggested Mr. Whipple work
with staff regarding the lot split. Mr. Whipple remarked that at
the time of his purchase there were no pending assessments.
Councilmember Egan had questions regarding the City ponding on
the Widstrom property and questioned if there was a need for
easements. Public Works Director Tom Colbert stated he was not
aware of any City ponding on the Widstrom property as he understood
the storm sewer discharged on the Woodland property. He stated he
would review the matter.
Mrs. Widstrom pointed out her property location on the map and
explained the ponding problem. She stated it was reverse of what
the City suggested. She reported that water covers the fence line.
Mr. Colbert reiterated he would review and verify the matter.
Councilmember Gustafson reported there was Green Acres
potential on the property, that assessments would not be collected
unless they benefitted the property and that the owners could
request a land use change. Mr. Whipple had questions and concerns
regarding land use changes and interest on the assessments. City
Attorney James Sheldon emphasized that the Council could review the
matter at a future time and could re-assess.
McCrea moved, Egan seconded, the motion the to close the
public hearing and adopt the final assessment roll for Project 525
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October 3, 1989
(Woodlands - Trunk Storm Sewer) and authorize its certification to
Dakota County; noted the Wendell and Lorraine Widstrom complaint
and directed staff to work with the Widstroms regarding the water
flow. All voted in favor.
FINAL ASSESSMENT ROLL/PROJECT 529/CLIFF LAKE CENTRE
Mayor Ellison opened the public hearing regarding the matter
and City Administrator Tom Hedges recommended the matter be
continued to the October 17, 1989 City Council meeting.
Wachter moved, McCrea seconded, the motion to close the public
hearing and continue the final assessment roll for Project 529
(Cliff Lake Centre - Streets and Utilities) to the October 17, 1989
City Council meeting.
CEDARVALE BOULEVARD VACATION
City Administrator Tom Hedges introduced the matter to the
Council. Public Works Director Tom Colbert gave a short background
presentation and updated the Council on the past procedure. He
recommended vacation denial and if the applicant wished to continue
with the vacation, the necessity for the applicant to submit a new
petition.
Councilmember McCrea had questions regarding the fees. Mr.
Colbert explained that the applicant had paid $300.00 with the
first request and that the City had waived the fees at the time of
the second request. Mayor Ellison asked if Mr. Brown had been
notified of the meeting. Mr. Colbert responded he had been notified
but that he was not present at the meeting.
Councilmember McCrea expressed her concerns for the Cedarvale
area and recommended no additional fee if the applicant reapplied.
City Attorney James Sheldon pointed out that the Council must act
within a reasonable time on applications. Councilmember Egan noted
his concerns for the merchants and felt the fees could be discussed
at a later date.
Egan moved, McCrea seconded, the motion to close the public
hearing and deny the petition for the right-of-way vacation
regarding Cedarvale Boulevard. All voted in favor.
BRITTANY 10TH ADDITION - DEFAULT OF DEVELOPMENT AGREEMENT
City Administrator Tom Hedges updated the Council regarding
the status of the matter. He pointed out that Carl Tollefson
(developer) was present at the meeting.
Public Works Director Tom Colbert explained that the necessary
improvements had not been corrected and that staff had exhausted
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October 3, 1989
all avenues to have the improvements completed. He pointed out that
bids had been solicited from three construction companies which
were now void because the developer had done some of the work. He
noted there would be a need to re-advertise for bids which would
make it improbable that the work would be completed this fall. He
explained that the developer wanted to do the work and asked for
Council direction.
Carl Tollefson informed the Council he felt all of the items
were completed and stressed that staff had presented a new list. He
stated that only the storm sewer and sanitary sewer problems were
uncompleted. He announced that the final lift of the blacktop could
not be completed because of the storm and sanitary sewer problems.
He indicated he was having difficulty finding a contractor to do a
small job this time of year and had hopes that a contractor would
be able to perform the work on the coming Thursday.
Mayor Ellison questioned if the first punch list was
completed. Mr. Colbert responded it was not entirely completed as
there were uncompleted items such as the sunken manhole.
Councilmember Egan suggested continuing the matter to the next
special Council meeting. Councilmember Wachter stated if the work
was not done at that time, that the Council needed to deal with the
matter. Councilmember McCrea asked Mr. Colbert if he could assist
Mr. Tollefson in locating a contractor to perform the work. Mr.
Tollefson emphasized the problems of locating a contractor.
City Administrator Tom Hedges explained the frustration of the
staff was not due to Mr. Tollefson but concerns regarding stalling
as winter was nearing. He reaffirmed the need for completion of the
project.
There was Council discussion regarding the timetable for a
continuance and possible default. Public Works Director Tom Colbert
informed the Council that the City had lost control of the matter
and that it was up to the developer's goodwill to complete the
project by winter.
Councilmember Wachter pointed out the Council could not keep
deferring the problem as action was needed immediately.
Councilmember Gustafson stated there was a problem in that the work
may not be completed as required.
McCrea moved, Egan seconded, the motion to continue the
default of the development agreement for Brittany 10th Addition to
the October 17, 1989 City Council meeting, to allow staff to review
the completion of the project, subject to no new punch list, and to
update the Council at the next meeting. Gustafson, Ellison, Egan
and McCrea voted in favor; Wachter voted against.
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October 3, 1989
NORTHERN NATURAL GAS COMPANY/SPECIAL PERMIT
City Administrator Tom Hedges stated that the Council needed
to reconsider its previous motion regarding the matter.
Wachter moved, Gustafson seconded, the motion to approve the
reconsideration of a request for a special permit to construct a
steel frame building over an existing meter and regulatory facility
by Northern Natural Gas Company. All voted in favor.
Mr. Hedges reviewed the background information and explained
that the main issue was the building plan. He informed the Council
that Northern Natural Gas Company had reconsidered and was
submitting a revised plan. Community Development Director Dale
Runkle stated that meetings had been held with the applicant and
that the revised plans were more acceptable to staff.
Gary Fuchs reported that he had previously delivered plans and
photographs to the Councilmembers. He explained the revised plans
and pointed out that the brick on the building would be similar to
the City pump station. He explained that metal was used instead of
wood for safety reasons.
Councilmember Wachter asked if it was the same building plan
as submitted before except for the brick. He requested horizontal
siding. Mr. Fuchs explained that beside the brick improvement, the
color of the metal was also different than the previous plan. He
explained that he was told it was not possible to install the
siding horizontal without a backer.
Mayor Ellison had questions regarding the height of the wall
and the percentage of brick. Mr. Fuchs answered that the height of
the wall would be ten feet. Mayor Ellison suggested four feet of
brick and six feet of steel which would make 40% brick to meet City
requirements.
Councilmember Wachter requested a dark roof with lighter
colored sides to the building. Mr. Fuchs responded if the colors
were available that it would not be a problem. Mr. Runkle pointed
out the need for further work with City staff regarding the
landscaping.
Egan moved, McCrea seconded, the motion to approve the request
from Northern Natural Gas Company for a special permit to construct
a steel frame building over an existing meter and regulatory
facility, subject to the following conditions:
1. The steel siding on the building shall be of earthtone
colors.
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October 3, 1989
2. The brick on the building shall cover 4 feet in height and
the steel siding shall cover 6 feet in height.
3. The applicant to continue working with City staff
regarding the landscaping.
All voted in favor.
ORDINANCE AMENDMENT/EXTEND HOUR FOR SALE OF LIQUOR AND WINE
City Administrator Tom Hedges explained the change in the law
regarding the extended hours for sale of liquor and wine.
McCrea moved, Egan seconded, the motion to approve the
ordinance amendment extending the sale of liquor and wine to 1:00
a.m. on Mondays. All voted in favor.
WILLIAM AND JOANNE STASSEN/SPECIAL PERMIT RENEWAL
City Administrator Tom Hedges briefed the Council regarding
the matter. Community Development Director Dale Runkle presented
background information and showed the location of the property on a
diagram. He stated he had received no complaints and that the
renewal of the permit was requesting no changes over last year's
permit.
Mayor Ellison asked Mr. Stassen for his long-term plans
regarding the fifth wheel travel trailer. Mr. Stassen stated this
would be the last full season he would need a special permit as he
will be retiring and in the future he would only be parking his
trailer for two to three weeks at a time.
Councilmember McCrea stated she had no problems with the
renewal as there had been no complaints.
Egan moved, Gustafson seconded, the motion to approve a
request for a special use permit to allow temporary parking for
residency of a fifth wheel travel trailer at 670 Lone Oak Road from
April 20, 1990 to October 31, 1990 as requested by William and
Joanne Stassen, subject to renewal on an annual basis. All voted in
favor.
ROBERT J. AND GRACE M. O'NEIL/COMPREHENSIVE GUIDE PLAN AMENDMENT
City Administrator Tom Hedges summarized the proposed
amendment and informed the Council that the Advisory Planning
Commission approved the Comprehensive Guide Plan amendment and a
draft Planned Development Agreement.
Community Development Director Dale Runkle pointed out that
there was a new Planning Commission since the O'Neil matter
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October 3, 1989
originally began. He reviewed the background regarding the matter
including litigation, and the proposed and revised uses. He stated
that SEH had performed a study on the traffic impact which showed
there would be some problems if the property were developed at a
commercial rate. He stated that a compromise was suggested by staff
of placing a cap on trips of 8,690. He further stated that the
Advisory Planning Commission agreed to the cap and recommended a
northerly access onto 35E from westbound Yankee Doodle Road. He
discussed the draft Planned Development Agreement and stressed that
all parties were working together for a quality development. He
reviewed the Comprehensive Guide Plan amendment necessity and the
Metropolitan Council process. He commented that the developer was
not present at the meeting but that he had been in contact with
them earlier.
Mayor Ellison had concerns regarding the indirect source
permit and questions regarding the cap on the trips. Community
Development Director Dale Runkle explained that the only reason for
the cap was because of the traffic impact. He explained there would
be no difference with use changes and that the numbers for the
trips and the cap were calculated guesses. He further explained the
necessity and the reasoning for the cap.
Councilmember Gustafson had concerns in connection with
proposed condition number 2 regarding the cap applying across the
board to the entire area development. Mr. Runkle reviewed the
condition and explained its necessity. He stated that the traffic
increase would be a slow process which would occur as the
development proceeded. There was further discussion regarding the
cap on the trips.
Councilmember McCrea expressed her disbelief that the
developer was not present at the meeting. She asked if the only
difference in this agreement from the settlement agreement was in
the title of the uses. Mr. Runkle stated she was correct.
Councilmember McCrea stated she understood that it was only a
conceptual plan at this point and that the matter would be sent to
the Metropolitan Council before other proceedings. Mr. Runkle
agreed. McCrea expressed her concerns regarding the need for an
access to 35E. She questioned if the City should pursue the matter.
Community Development Director Dale Runkle reported that the matter
was being reviewed for solutions and felt that the City needed to
pursue the matter as it was a City problem.
Councilmember Egan reopened the question regarding the
indirect source permit and had concerns regarding the parking
limits. He also had concerns with ponding problems. Mr. Runkle
responded that the matter would be reviewed as the development
proceeds.
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October 3, 1989
Mayor Ellison asked if an upgrade was needed for Yankee
Doodle. Mr. Runkle stated that the right-of-way would be dedicated
at the time of platting. City Administrator Tom Hedges elaborated
on future critical intersections and discussed the City's problem
regarding financial burden. He stated that the City needed to
ensure dollars for the future improvements. Councilmember Wachter
emphasized the need to pursue an entrance on 35E. Councilmember
Egan requested an explanation regarding the Yankee Place extension.
Mr. Runkle explained the future connection.
Charlie Bartholdi (Federal Land Company) stated he was not
opposed to the O'Neil development. He pointed out that he manages
the Town Centre. He explained his main concerns regarded the
traffic issue and he requested an unbiased comprehensive study. He
had assessment concerns and informed the Council that Federal Land
Company had paid its assessments and did not want to pay
assessments for someone else's development.
Mayor Ellison asked Mr. Bartholdi if he felt the current
traffic study was unbiased. Mr. Bartholdi stated he felt the
preliminary study was ok. However, there were still questions which
needed further comprehensive review. Councilmember Egan remarked
that setting a ceiling was all the Council could do. There was
further discussion regarding future traffic problems and the study.
Councilmember Egan raised the question regarding traffic
concerns on Lone Oak because of the O'Neil development. Public
Works Director Tom Colbert explained the potential impact.
Community Development Director Dale Runkle stated that the present
zoning was Light Industrial which could develop uncapped. He
explained that this action would move the project forward. Mayor
Ellison had concerns if the cap was reached. He felt there would be
a problem on Yankee Doodle. He stated this problem could be an
impact on the project.
Councilmember Wachter had questions regarding the landscaping
and trees. Runkle responded to his concerns. Councilmember McCrea
reiterated her concerns that the developer was not present at the
meeting. It was pointed out that professional representation had
been contacted.
McCrea moved, Gustafson seconded, the motion to approve a
Comprehensive Guide Plan amendment submitted by Robert and Grace
O'Neil changing the Comprehensive Plan from D-III (Mixed
Residential) to CPD (Commercial Planned Development) district
consisting of 120 acres located east of I-35E, north of Yankee
Doodle Road and west of Lexington Avenue, subject to the following
conditions:
1. A right-of-way up to eight lanes for Yankee Doodle Road.
Page 17/EAGAN CITY COUNCIL MINUTES
October 3, 1989
2. The ADT Generation cap of 8,690 until the improvements
allow the system to accommodate the traffic. The cap to apply
across the board to the entire area development.
3. Access to the triangular piece.
4. Seek a northerly access onto 35E from westbound Yankee
Doodle Road which is not in the Planned Development Agreement.
All voted in favor.
LANCE COMPANY/COMPREHENSIVE GUIDE PLAN AMENDMENT
City Administrator Tom Hedges introduced the application and
informed the Council the developer was present at the meeting.
Community Development Director Dale Runkle gave a brief
presentation.
Carl Olson (developer) thanked the Council on moving ahead and
requested approval.
Mayor Ellison asked why the Council was considering a rezoning
for the Lance Company and not for the O'Neil property. Community
Development Director Dale Runkle explained that the O'Neil
development was working on a concept but that the Council should
treat both parcels the same.
Councilmember McCrea emphasized the need to carefully plan the
access in connection with the O'Neil development or there could be
problems. Councilmember Egan asked if the Lance Company property
was one parcel. Mr. Runkle explained that it was one parcel.
Egan moved, Gustafson seconded, the motion to approve a
Comprehensive Guide Plan amendment as submitted by Lance Company of
approximately 8.8 R-4 (Multiple) acres to a PD (Planned
Development) district located east of Highway 35E and north of
Yankee Doodle Road in the southwest quarter of Section 10, subject
to the following conditions:
1. A Planned Development Agreement shall be entered into for a
five year period, to include all terms and conditions within the
proposed O'Neil Planned Development as they apply to Light
Industrial uses.
2. The name of the Planned Development shall be determined
prior to Council action on the preliminary plat.
3. An average daily trip cap of 675 shall be in place until
improvements in the transportation system take place to accommodate
additional traffic.
Page 18/EAGAN CITY COUNCIL MINUTES
October 3, 1989
4. Only uses allowed in the Light Industrial district shall be
allowed to develop.
All voted in favor.
STAFFORD PLACE
City Administrator Tom Hedges informed the Council that he had
been contacted by many residents who had concerns regarding
development construction problems. He recommended the Council hear
from a spokesperson for the group.
Blaine Duxbury had concerns regarding drainage and erosion
issues. He explained he could not complete his backyard because of
the problems. He pointed out that some problems were solved in June
when the City began working with the developer. He predicted larger
problems next year if the work was not completed this fall. He
requested Council support and assistance in dealing with the
contractor.
William Sifonte, 4143 Pennsylvania Avenue, updated the Council
regarding the problems with Mechanic Liens because of Frontier
Homes. He explained that Frontier states they have no problem but
he feels there may be possible financial problems with the
developer.
Mayor Ellison requested Mr. Hedges address the public's
concerns.
City Administrator Tom Hedges explained City participation and
response and also the building inspections. He requested the
residents notify the City if they have any construction problems
with their buildings. He stated there had been staff meetings with
Frontier regarding the drainage. He further stated there were
problems with erosion, seeding and noxious weeds. He reported that
staff was working on the noxious weed removal. He recommended the
Council direct staff to prepare a list of defaults pursuant to the
Development Agreement, give the developer a seven-day written
notice of the defaults, and if there were no compliance by the
developer, to declare the developer in default. He requested the
City Attorney address the problem regarding the Mechanic Liens.
City Attorney Jim Sheldon explained to the public the statute
requirements regarding Mechanic Liens and Mechanic Lien purposes.
He recommended the landowners give prompt notice to their title
insurance companies of the Mechanic Liens. He reported that proper
notice was probably not given to the homeowners. He pointed out
that the City of Eagan had no financial interest in the property
but wished to assist the landowners wherever possible.
Page 19/EAGAN CITY COUNCIL MINUTES
October 3, 1989
Mayor Ellison stated he had reviewed the sites and asked if
any fill could be removed. Public Works Director Tom Colbert
remarked that the grading, erosion, etc. did not meet the City's
requirements. He noted that the developer had been informed
regarding the problem and further explained the background
regarding the matter.
Mayor Ellison had questions regarding the Letters of Credit
for Delta and Frontier. Public Works Director Tom Colbert explained
he was unsure if the City could perform the work.
Councilmember McCrea felt the real need was to declare default
and move quickly on the problem. Mr. Hedges pointed out that staff
had begun legal research on the matter.
Mark Sletto, Lot 57, informed the Council that he had not been
contacted by the City regarding the problem. He explained that the
grading of his yard was incomplete. He warned the Council that the
developer may have financial problems. He requested immediate
Council action.
Councilmember McCrea suggested a staff meeting with all
landowners to discuss the problems. Councilmember Egan stressed
that the Council needed to take unusual steps to help the
homeowners. Mr. Hedges commented that not all residents had been
contacted and reiterated his recommendations regarding Council
action.
City Attorney James Sheldon observed that the Letter of Credit
was now reduced and that in order for the City to acquire the
dollars, the developer would need to be in default. He stated it
was necessary for the City to make a specific claim. He further
stated that there were significant problems with each lot and there
was a need for further review. Councilmember McCrea asked if staff
time could be charged against the Letter of Credit. Mr. Sheldon
stated that the Letter of Credit was an old form and he was
currently reviewing the Letters of Credit.
Mayor Ellison recommended staff meet with the homeowners and
that the matter be reviewed at the next special meeting or the next
regular Council meeting. City Administrator Tom Hedges requested
each homeowner make a list of their problems regarding the
development and submit the list to staff by October 11, 1989 at
4:30 p.m. He explained it was too late to notice each landowner
individually of the special meeting and suggested the matter be
heard at the next regular Council meeting. Mr. Colbert had his
concerns that it would be a tight schedule to review the matter by
the next special meeting. Councilmember McCrea informed the
landowners to tell all neighbors to make the necessary list and
submit it to City staff.
Page 20/EAGAN CITY COUNCIL MINUTES
October 3, 1989
Mr. Griggs presented another issue which had not previously
been addressed. He stated that drainage from the roadways was a
real problem. Councilmember Egan asked if there was a problem with
the catch basin. Public Works Director Tom Colbert responded "no",.
that the problem was the development was not graded to plan.
Mr. Quarth stated there were drainage problems for the
cul-de-sac and asked why no action was taken by the City sooner.
Mr. Colbert explained the overland drainage swale and the need to
correct the drainage problems.
Joe Trombley had questions regarding the revised Hedlund plan.
Public Works Director Tom Colbert replied that only the original
grading plan had been approved by the City.
Egan moved, Wachter seconded, the motion to direct staff to
prepare the necessary list of defaults and corrective issues and to
report back to the City Council at its October 17, 1989 City
Council meeting regarding the defaults of Frontier Homes within the
Stafford Place Development. All voted in favor.
Mr. Sletto distributed a letter from the Attorney General's
Office to the Council members.
HAZARDOUS HOME SITE/2265 JAMES COURT/AUBREY L. HALL
City Administrator Tom Hedges informed the Council that a
vacant home located at 2265 James Court was not properly maintained
by its owner. He stated he had received several telephone calls
from citizens regarding the matter. He requested Council direction.
McCrea moved, Wachter seconded, the motion to direct the City
staff to serve notice on Mr. Aubrey L. Hall who owns a residence at
2265 James Court to correct and assure safety of his dwelling unit
and grounds. All voted in favor.
VISITORS/FRIENDSHUH/HUNTING PERMIT
Mr. Friendshuh requested a special hunting permit. He informed
the Council he would handle the matter the same as the approved
Yanta hunting permit. Councilmember McCrea informed the applicant
that she felt there was a need to follow the usual procedure and in
particular, she had concerns regarding police review. City
Administrator Tom Hedges informed the Council that the applicant
had been notified of the usual procedure. Mayor Ellison informed
the applicant to make the application at the City Hall and the
matter would be returned to the Council in two weeks. Councilmember
Gustafson informed the Council that he had previously spoken with
the applicant and had explained to him the procedure in order to
obtain a special hunting permit. He reported that he had mentioned
there was a slight chance that action could be taken at the Council
Page 21/EAGAN CITY COUNCIL MINUTES
October 3, 1989
meeting if he appeared as a visitor. He recommended putting the
item on the next special meeting as the amendment to the ordinance
was very recent. He requested Council action.
COUNCIL DISCUSSION
City Administrator Tom Hedges updated the Council regarding
petitions received stating there was construction debris in the
Fairway Hills development. Mayor Ellison reported that he had met
with the residents who had said there was an improvement.
Mr. Hedges also updated the Council regarding the property tax
bill, the annual report, the space needs analysis and the amusement
device licenses.
Councilmember Wachter referred to the annual report and
congratulated staff in regards to the energy audit.
Councilmember Gustafson informed the Council that he had
received a complaint from a resident who had attended the last
Advisory Planning Commission meeting. The resident informed Mr.
Gustafson that an Advisory Planning Commission member had passed
out his business card after the meeting. Staff will review the
proper conduct with the Commission member and a letter will be sent
from the Council.
Councilmember Gustafson had concerns regarding businesses in
Eagan selling pornographic literature. He requested the City send a
letter to those businesses requesting they stop the sale of the
materials.
Gustafson moved, McCrea seconded, the motion to send letters
to E-Z Stop, Brooks Superette, Tom Thumb and/or other businesses
which sell pornographic magazines, acknowledging to the businesses
it is their right but it is the City's request that they cease the
sale of the magazines. All voted in favor.
Councilmember McCrea requested an update regarding the Leo
Murphy matter. City Administrator Tom Hedges replied that Parks and
Recreation Director Ken Vraa was active on the file.
VISITOR/BILL PLUTA/JUNK CAR TICKET
Mr. Pluta informed the Council that he had received a ticket
for junk cars on his property. City Administrator Tom Hedges
recommended Mr. Pluta contact the Chief of Police who would explain
the problem and inform him of the appeal process.
Page 22/EAGAN CITY COUNCIL MINUTES
October 3, 1989
CHECKLISTS
Wachter moved, Egan seconded, the motion to approve the
checklists dated August 31, 1989 in the amount of $901,920.77,
September 30, 1989 in the amount of $1,225,696.78 and dated October
3, 1989 in the amount of $617,211.77. All voted in favor.
ADJOURNMENT
McCrea moved, Wachter seconded, the motion to adjourn the
October 3, 1989 City Council meeting at 10:15 p.m. All voted in
favor.
CITY OF EAGAN
ra - ~ -
E. VanOver eke, City Clerk