Loading...
10/17/1989 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 17, 1989 A regular meeting of the Eagan City Council was held on Tuesday, October 17, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers 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. Councilmember Wachter was absent from the meeting. AGENDA City Administrator Tom Hedges informed the Council that an item regarding a petition requesting traffic signals (Cliff Road at Beacon Hill Road) was inadvertently left out from the Department Head Business. He also recommended that the Council hear Item D under old Business (Dakota County State Bank request to waive assessments) after Item B of New Business (Ordinance Amendment to Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities). McCrea moved, Egan seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES October 3, 1989. Councilmember Gustafson pointed out the need for a spelling correction on page 20, in the last paragraph. "French" should be corrected to read "Friendshuh". Egan moved, Gustafson seconded, the motion to approve the minutes for the October 3, 1989 regular Council meeting as amended. All voted in favor. FINANCE DEPARTMENT/GENERAL OBLIGATION IMPROVEMENT BONDS - SERIES 1989A City Administrator Tom Hedges introduced the matter to the Council. Mayor Ellison asked when the bond rating would be updated. He was informed the bond rating would be updated within the next year. Egan moved, Gustafson seconded, the motion to approve a resolution to issue General Obligation Improvement Bonds - Series 1989A in the amount of $9,325,000.00 to finance certain public improvement projects. All voted in favor. Page 2/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINANCE DEPARTMENT/GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 1989B City Administrator Tom Hedges updated the Council regarding the matter. Gustafson moved, McCrea seconded, the motion to approve authorization of General Obligation Equipment Certificates, Series 1989B in the amount of $290,000.00. All voted in favor. PUBLIC WORKS DEPARTMENT/TRAFFIC SIGNAL - CLIFF ROAD AT BEACON HILL ROAD The matter was presented to the Council. Paul Jacobson, 4622 Cambridge, presented the petition and stated there were 165 signatures on the petition which represented both homeowners and businesses. He stated lights would benefit the area and requested an unbiased study during peak hours be conducted. He felt the area was unsafe and stated he was frustrated and angry. Public Works Director Tom Colbert outlined the procedure to determine warrants for traffic signals. He stated it would be a joint County and City project. Councilmember Egan questioned why the study was not conducted during the road improvements. Mr. Colbert stated that a study was done. He pointed out that they were trying to catch up with the need. Councilmember McCrea asked for the timeframe. Mr. Colbert stated it would take approximately 30 days. There was further discussion regarding the traffic flow and signals. Egan moved, Gustafson seconded, the motion to receive the petition for traffic signals at Cliff Road and Beacon Hill Road and authorize staff to prepare the appropriate traffic studies in conjunction with Dakota County. All voted in favor. DEPARTMENT HEAD BUSINESS DRUG CONFISCATION City Administrator Tom Hedges presented pictures of the confiscated evidence regarding the drug bust. He distributed red ribbons for the drug awareness week. Page 3/EAGAN CITY COUNCIL MINUTES October 17, 1989 CABLE PRESENTATION Mike Rearden informed the Council there would be cable awards on November 14, 1989. Councilmember Egan stated he would like to see the MINNESOTA SPORTS STATION on the air. HAZARDOUS WASTE City Administrator Tom Hedges commended Unisys and city staff on the hazardous waste collection day. CONSENT AGENDA A. Personnel Items. 1. Seasonal Park Maintenance Worker. City Administrator Tom Hedges informed the Council that he had authorized the hiring of Gary Vierow as a seasonal park maintenance worker for the current season. No action was required on this item. B. Resolution Proclaiming November 14 as Eagan and Burnsville Public Access Volunteer Appreciation Day. It was recommended to proclaim November 14, 1989 as Volunteer Appreciation Day. C. Plumbers Licenses. It was recommended to approve the six plumbers licenses as presented. D. License Application for Amusement Devices for Grand Slam. It was recommended to approve the amusement device application for Grand Slam. E. Receive Bid/Award Sale, Unit No. 114, 1980 Ford F-350. It was recommended to approve the readvertising of Unit #114, 1980 Ford F-350. F. Contract 89-17, Receive Bids/Award Contract. It was recommended to award Improvement Contract 89-17 to Alexander Construction, the lowest acceptable bidder, in the amount of $220,951.65. Page 4/EAGAN CITY COUNCIL MINUTES October 17, 1989 G. Contract 89-23, Receive Bids/Award Contract. It was recommended to award Improvement Contract 89-23 to Barber Construction, the lowest responsible bidder, in the amount of $87,949.00. H. Receive Bids/Award Contract/1990 Snow Removal Services. It was recommended to receive the bids for the 1990 snow removal services and award the contract to J & D Enterprises, the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. I. Project 443/Reschedule Final Assessment Hearing (Robert O'Neil - Trunk Storm Sewer). It was recommended to reschedule the final assessment hearing for Project 443 (O'Neil - Trunk Storm Sewer) for Parcels 10-01000-010-77 for November 21, 1989. J. Contract 89-24, Receive Bids/Award Contract (Stratford Oaks - Storm and Sanitary Sewer). It was recommended to continue Contract 89-24 (Stratford Oaks - Storm and Sanitary Sewer) to the November 9, 1989 City Council meeting. K. Contract 89-25, Receive Bids/Award Contract (Rusten Road - Streets and Utilities). Mayor Ellison had concerns regarding the matter. Public Works Director Tom Colbert recommended rejecting the bids with a re-bid next spring. He stated the developer would not pursue construction this season and that the feasibility report would need revision. It was recommended to reject the bids for Contract 89-25 (Rusten Road - Streets and Utilities) and re-bid the contract in the Spring of 1990. L. Project 580, Approve Traffic Signal Cost Participation Agreement (Blackhawk Road and Diffley Road). It was recommended to approve the Traffic Signal Cost Participation Agreement for Project 580 (Blackhawk Road and Diffley Road - Signals) and authorize the Mayor and City Clerk to execute all related documents. Page 5/EAGAN CITY COUNCIL MINUTES October 17, 1989 M. Vacate Ponding and Utility Easement (Lexington Parkview Addition). It was recommended to receive the petition and schedule a public hearing to be held on November 21, 1989 to consider the vacation of a ponding and utility easement (Document No. 756659) within the Lexington Parkview Addition. N. Contract 88-30, Approve Change Order No. 1 (South Oaks - Storm Sewer). It was recommended to approve Change Order No. 1 to Contract 88-30 (South Oaks - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. 0. Contract No. 86-NN, Final Acceptance - Chatterton Ponds/Streets and Utilities. It was recommended to accept the improvements under Contract 86-NN (Chatterton Ponds - Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. P. Contract 87-KK, Final Acceptance - Chapel Hill Baptist Church/Storm Sewer and Utilities. It was recommended to accept the improvements under Contract 87-KK (Chapel Hill Baptist Church) for perpetual City maintenance subject to appropriate warranty provisions. Q. Contract 87-RR, Final Acceptance - Philadelphia Carpet - Watermain and Storm Sewer. It was recommended to accept the improvements under Contract 87-RR (Philadelphia Carpet - Watermain and Storm Sewer) for perpetual City maintenance subject to appropriate warranty provisions. R. Contract 87-H, Final Acceptance - Lone Oak Drive/Streets. It was recommended to accept the improvements under Contract 87-H (Lone Oak Drive - Streets) for perpetual City maintenance subject to appropriate warranty provisions. S. Contract 88-Z, Final Acceptance - Hosford 1st Addition/Streets and Utilities. It was recommended to accept the improvements under Contract 88-Z (Hosford 1st Addition - Streets and Utilities) for perpetual City maintenance subject to appropriate warranty provisions. Page 6/EAGAN CITY COUNCIL MINUTES October 17, 1989 T. Contract 87-26, Approve Final Payment/Acceptance (Wescott Road - Surfacing). It was recommended to approve the eighth and final payment for Contract 87-26 (Wescott Road - Surfacing) in the amount of $18,399.96 to Bituminous Roadways, Inc. and authorize the project's acceptance for perpetual maintenance. U. Final Plat, Stratford Oaks. It was recommended to continue the final plat for Stratford Oaks to the November 9, 1989 City Council meeting. V. Final Plat, Hills of Stonebridge Plat 2. It was recommended to approve the final plat for Hills of Stonebridge Plat 2. R-89.67 W. Final Plat, Remick Addition. City Administrator Tom Hedges recommended pulling this matter from the Consent Agenda. Community Development Director Dale Runkle informed the Council there was a need for additional conditions to the Development Contract. It was recommended to approve the final plat for Remick Addition, subject to the following conditions: 1. A deed to Mary Remick from the City of Eagan regarding Outlot 1 of Valley View. 2. Obtaining a slope easement. 3. A deed for Outlot A from Mary Remick to the City of Eagan. R-89.68 X. Final Plat, Town Centre 100 Fifth Addition (Waterford Apartments). It was recommended to continue the final plat for Town Centre 100 Fifth Addition (Waterford Apartments) to the November 9, 1989 City Council meeting. Y. Final Plat, Eagan Evangelical Church. It was recommended to continue the final plat for Eagan Evangelical Church to the November 9, 1989 City Council meeting. Egan moved, Gustafson seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. Page 7/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINAL ASSESSMENT HEARING/PROJECT 536/SOUTH OAKS ADDITION City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert provided background comments and explained the assessments. Raymond Nutzman, 3565 Acorn Street, read a letter to the Council from residents who complained about the boulevard restoration. Public Works Director Tom Colbert informed the Council that the job was completed satisfactorily. Councilmember McCrea questioned if the bill had been paid. Mr. Colbert responded yes. Mayor Ellison asked the residents if the neighbors would be willing to pay for sod. Mr. Nutzman responded no. Councilmember Gustafson remarked that their complaint could stem from either a poor job done or poor maintenance. Mr. Nutzman informed the Council that the area has nice lawns which were self-seeded. There was further discussion regarding seeding. Dave Wollmer, 580 South Greenleaf, stated he appreciated that the project was under budget but felt the workmanship was poor. He pointed out that there was a need for more dirt. Councilmember McCrea suggested a letter be sent to the general contractor expressing the concerns of the neighbors. Councilmember Egan commented that since results were not achieved, the City should not seed again. Councilmember McCrea stated the letter should express the quality of the soil, the contours of the soil and the quantity of the seed. Mayor Ellison remarked that it should also state that the contractor needs to restore or the City will not do business with them in the future. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 536 (South Oaks Addition - Streets and Utilities) and authorize its certification to Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 514/DUCKWOOD DRIVE City Administrator Tom Hedges and Public Works Director Tom Colbert introduced the matter to the Council. Gustafson moved, Egan seconded, the motion to close the public hearing and adopt the final assessment roll for Project 514 (Duckwood Drive - Streets and Utilities) and authorize its certification to Dakota County. All voted in favor. Page 8/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINAL ASSESSMENT HEARING/PROJECT 552/ EAGANDALE INDUSTRIAL PARK 3RD ADDITION City Administrator Tom Hedges distributed an objection letter which he received from Rollin Crawford as attorney for Marvin and Renata Rahn (see Exhibit A attached hereto). Public Works Director Tom Colbert explained the final assessment rolls and rates. Marvin Rahn, 3050 Lexington, questioned the pond on his property. Mr. Colbert stated that eventually there would be a need to provide some ponding. Mayor Ellison asked Mr. Rahn if he was still objecting to the assessment. Mr. Rahn stated he agreed with the contents of the letter from Mr. Crawford. He stated his property received no benefit. Egan moved, Gustafson seconded, the motion to close the public hearing and adopt the final assessment roll for Project 552 (Eagandale Industrial Park 3rd Addition - Utilities) and authorize its certification to Dakota County. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 529/CLIFF LAKE CENTER City Administrator Tom Hedges updated the Council regarding the matter. Public Works Director Tom Colbert presented the staff report to the Council. Gustafson moved, Egan seconded, the motion to close the public hearing and adopt the final assessment roll for Project 529 (Cliff Lake Center - Streets and Utilities) and authorize its certification to Dakota County. All voted in favor. VACATION/LEXINGTON WAY AT LEXINGTON AVENUE Gustafson moved, McCrea seconded, the motion to continue the public hearing for the vacation of public right-of-way (Lexington Way at Lexington Avenue) to the November 9, 1989 City Council meeting. All voted in favor. VACATION/CHESMAR DRIVE AT CLIFF ROAD City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert presented the staff report. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the vacation of a portion of public right-of-way for Chesmar Drive near Cliff Road. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES October 17, 1989 FINAL ASSESSMENT HEARING/PROJECT 545/CLEARVIEW ADDITION City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert presented the staff report. He stated he was very pleased with the end result and presented the objection letter to the Council which he received from Jerry Hein (see Exhibit B attached). Peter Klein, 1790 Beecher, informed the Council his lot was smaller and felt that the assessment should be smaller. He objected to the assessment. City Attorney James Sheldon explained the assessment procedure and stated that the assessment method was correct. McCrea moved, Egan seconded, the motion to close the public hearing and adopt the final assessment roll for Project 545 (Clearview Addition - Streets) and authorize its certification to Dakota County. All voted in favor. STAFFORD PLACE DEFAULT City Administrator Tom Hedges informed the Council that the City Attorney would comment on the Mechanic Lien procedure. Community Development Director Dale Runkle explained the extent of City involvement and noted that the largest concern was grading. He further stated that the Development Agreement deals with the grading of the property. He pointed out that the grading should be done quickly. Public Works Director Tom Colbert gave the specifics of the grading required to meet requirements. He informed the Council that the revised grading plans had been submitted and Frontier was taking steps to cure the problems. He felt it was a workable solution and reported that staff would work with the developer and the builder. Mayor Ellison referenced Mike Foertsch's memo dated October 16, 1989. He questioned if progress had been made. Mr. Colbert explained the status of each item. Councilmember Egan questioned if the developer was showing a good faith effort. Mr. Colbert responded that the developer was cooperating. Gordon Multz, 4013 Pennsylvania Avenue, was upset and stated that the hills should not have been altered. Public Works Director Tom Colbert explained the problems with changing the grading plans. Mr. Multz stated that the neighboring lot to his property was vacant. He reported there were erosion problems. Councilmember Egan stated it was a serious concern. Councilmember McCrea asked if the original grading plan could be used. Mr. Colbert pointed out there Page 10/EAGAN CITY COUNCIL MINUTES October 17, 1989 were better grading alternatives. Mayor Ellison had concerns regarding the hill. He felt the original grading plan was better. Blaine Duxbury, 4128 New York Avenue, showed a photo of the grading to the Council. He stated there had been no communication and had concerns regarding storm sewer grate problems. David Adkins, 4140 New York Avenue, requested the original grading plan. He was upset as there were no erosion controls. He felt the new management would not take responsibility. Scott Oakes (Frontier) informed the Council that Frontier was aware of the problems and concerns. He pointed out the corporation was under new management and that the new management cared about the neighbors' concerns. He reported that substantial work had been done and that Frontier was cooperating with the City. Mayor Ellison asked if Frontier would be returning to the original grading plan. Mr. Oakes responded that Frontier would abide by the council's decision, but felt there was a better alternative. Councilmember McCrea questioned why the plan was changed. Mr. Oakes stated the change was necessitated by the concurrent building and grading. McCrea questioned if Mr. Oakes would meet with the neighbors to explain the modified plan. Mr. Oakes responded yes. McCrea had further questions regarding the mechanic liens. Mr. Oakes explained that legal counsel was evaluating the matter and reiterated there was new ownership. Councilmember Egan questioned why grading was allowed to continue. Mr. Oakes pointed out that the grade was finalized. Public Works Director Tom Colbert remarked that it takes approximately three years to reach stability. He further explained the process. He reiterated that the modified plans were better than the original plans and that staff would work with all of the involved parties. Councilmember Egan asked what needed to be done now. Public Works Director Tom Colbert explained that the work should be done yet this fall. Egan questioned why the new plan was better. Mr. Colbert explained the new grading plan. City Administrator Tom Hedges stated there were two different procedures: (1) default and (2) neighborhood meeting. Councilmember McCrea stated that both procedures should be used. She suggested monitoring the matter every two weeks. City Attorney James Sheldon informed the Council that several different resolutions had been prepared awaiting for Council decision. Francis Shelton, 860 Parkview, reported there was no response from the City and there were problems with the home. Bill Sifonte, 4143 Pennsylvania Avenue, felt that Frontier was incompetent and urged the Council to declare the developer in default. Page 11/EAGAN CITY COUNCIL MINUTES October 17, 1989 Kathy Kinney, 4083 Vermont Avenue, informed the Council that there were many problems which were caused by Frontier. She had flooding concerns. She felt the developer should live up to the contract. Stuart Strachan, 4122 Braddock Trail, informed the Council that the corrections had not been made and that he had sewer problems. Community Development Director Dale Runkle stated he would check into the matter. June Rahman, 4120 New York Avenue, explained that Frontier was not responsive. She urged the Council to declare Frontier in default. Minda Anderson, 4031 Pennsylvania Avenue, had concerns regarding flooding. She felt Frontier was unresponsive and informed the Council the final grading was never completed. She felt her trust was betrayed. She stated she wanted the City to have control and not the neighbors. She urged fairness. Mark Sletto, 4110 Braddock Trail, questioned the updated plan. He stated the Council should find the developer in default. Councilmember Gustafson remarked that the present grading was merely corrective. Mr. Sletto felt the City should have acted earlier. He stated that Frontier did not finish the grading. Councilmember McCrea suggested a motion (1) finding the developer in default; (2) conducting a neighborhood meeting; (3) develop a grading plan and timetable. Councilmember Gustafson stated the Council should do what's best and that the legal process may take time. He requested the matter be handled in a most expeditious way. Councilmember Egan suggested allowing until the November 9, 1989 Council meeting for Frontier to provide remedial measures. City Administrator Tom Hedges stated that the steps should be a notice to cure. Mark Parranto (Delta Development) informed the Council that his company would be liable as it put up the Letter of Credit. He informed the Council that Delta did not do the work and that Delta had been released by the City. He stated the Letter of Credit did not cover the current problems. City Attorney James Sheldon explained that Delta Development would not be voluntarily dismissed and that the developer and builder should both be noticed. John Quarth, 4125 New York Avenue, had concerns regarding the drainage and the broken manhole cover. He stated that Frontier does a poor job. McCrea moved, Gustafson seconded, the motion to declare Frontier Development Corporation and Delta Development in default Page 12/EAGAN CITY COUNCIL MINUTES October 17, 1989 of the Development Contract regarding Stafford Place, together with a Notice to Cure, subject to the following conditions: 1. The developer conduct a neighborhood meeting. 2. The development of a corrective plan and timetable. All voted in favor. BRITTANY 10TH ADDITION DEFAULT Public Works Director Tom Colbert updated the Council on the status of the completion of the work. Egan moved, McCrea seconded, the motion to remove Brittany 10th from consideration of default. All voted in favor. AMENDMENT TO CITY CODE/PARK AND TRAIL DEDICATION POLICY McCrea moved, Gustafson seconded, the motion to continue the Park and Trail Dedication Policy to the November 9, 1989 City Council meeting. All voted in favor. DAKOTA COUNTY STATE BANK/WAIVER OF ASSESSMENTS City Administrator Tom Hedges recommended that this item be continued until after action is taken for Item B (Ordinance Amendment to Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities) under New Business. Egan moved, McCrea seconded, the motion to continue the Dakota County State Bank/Waiver of Assessments request to later in the meeting to allow Council action regarding the Ordinance Amendment to Establish Connection and Availability Fees for Sanitary Sewer and Water Utilities. All voted in favor. EAGAN EVANGELICAL COVENANT CHURCH/FOOTING - FOUNDATION PERMIT City Administrator Tom Hedges explained the permit request to the Council. McCrea moved, Gustafson seconded, the motion to approve a footing and foundation permit for Eagan Evangelical Covenant Church located west of Lexington Road and east of Lexington Way. All voted in favor. Page 13/EAGAN CITY COUNCIL MINUTES October 17, 1989 ORDINANCE AMENDMENT/CONNECTION AND AVAILABILITY FEES FOR SANITARY SEWER AND WATER UTILITIES City Administrator Tom Hedges introduced the ordinance amendments to the Council. He recommended striking the lateral benefit charge as shown on pages 157 and 158 of the Council packet. Egan moved, Gustafson seconded, the motion to approve the ordinance amendment to establish connection and availability fees for sanitary sewer and water utilities as presented. All voted in favor. Egan moved, McCrea seconded, the motion to approve the resolutions to establish connection and availability fees for sanitary sewer and water utilities as presented. All voted in favor. DAKOTA COUNTY STATE BANK/WAIVER OF ASSESSMENTS City Administrator Tom Hedges summarized the background information for the Council. Gary Fuchs (attorney for owner) reviewed the history of the parcel and the assessments. Mayor Ellison asked if the City could waiver the assessments. City Attorney James Sheldon responded yes, that the previously adopted ordinance had solved the problem. Egan moved, McCrea seconded, the motion to waive assessments against the property on the southeast corner of Blackhawk Road and Deerwood Drive owned by Dakota County State Bank as requested. All voted in favor. 1990 LIQUOR LICENSE RENEWALS City Administrator Tom Hedges introduced the applications to the Council. Egan moved, McCrea seconded, the motion to approve the liquor license renewals for 1990 as presented. All voted in favor. SPECIAL HUNTING SEASON REQUEST/DAN FRIENDSHUH Councilmember Egan asked if the request had been reviewed by staff. City Administrator Tom Hedges replied yes. Councilmember McCrea requested an additional condition requesting a list of names of the hunters with no fees being charged to the hunters. Gustafson moved, Egan seconded, the motion to approve a special hunting season for Dan Friendshuh at the Pahl farm consisting of approximately 49.75 acres, subject to the following conditions: Page 14/EAGAN CITY COUNCIL MINUTES October 17, 1989 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 the Pahl farm 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. Applicant providing a list of the names of the individuals who will be hunting during this special season. 5. No fee shall be charged to the hunters. 6. Each individual hunting on the subject property to carry a special hunting permit signed by the property owner (Pahl Farm). 7. The specific dates in which to hunt the subject property are: A. Bow hunting for deer which starts September 16, 1989 through December 31, 1989. B. Duck and goose hunting which starts October 1, 1989 through November 5, 1989. C. Pheasant hunting which starts October 15, 1989 through December 3, 1989. D. The special Metro goose hunt from December 15, 1989 through December 24, 1989. 8. No more than four to five hunters at any given time shall be hunting on the subject property. All voted in favor. CONDITIONAL USE PERMIT/LOOMIS, INC. Community Development Director Dale Runkle introduced the matter. Councilmember McCrea had questions regarding the time table. Mr. Runkle stated the berm was completed and that the trees would be provided. Gustafson moved, Egan seconded, the motion to approve the conditional use permit for Loomis, Inc. to allow outdoor storage on Lot 5, Block 2, Halley's Addition, located along Biscayne Avenue in the southeast quarter of Section 36, subject to the condition that Page 15/EAGAN CITY COUNCIL MINUTES October 17, 1989 triple rows of three foot trees shall be planted in the Spring of 1990 along the north and east property lines. All voted in favor. WAIVER OF PLAT/THEODORE WALDOR Community Development Director Dale Runkle presented the staff report and informed the Council that both lots could stand alone. Mr. Waldor explained that each adjoining owner wanted to purchase one-half of the lots. McCrea moved, Gustafson seconded, the motion to approve a waiver of plat for Theodore Waldor in order to split Lot 3, Block 1, Sibley Terminal Industrial Park and combine parcels with the adjacent lot, subject to the following conditions: 1. The waiver of plat shall be recorded with the County within sixty days of Council action. 2. The applicant shall conform with all other applicable Code requirements. All voted in favor. R-89.69 LEXINGTON SOUTH/PLANNED DEVELOPMENT AMENDMENT City Administrator Tom Hedges updated the Council regarding the matter and Community Development Director Dale Runkle presented the application summary. Mr. Runkle pointed out there were circulation concerns and stated that the details were not yet specific but they would be detailed with the Planned Development process. Rollie Crawford (Attorney for Tri-Land) gave a brief presentation. He stated the developer would request tax increment financing at some time in the future. He pointed out it was an exciting and unique development which had received broad support from the community. Brad Swenson explained the private and public uses. He stated the infrastructure was present. He stated the project would be a convenience for the customers. He outlined the proposed uses. Tim Eigle (Welsh Company) informed the Council he deals with leasing the property. He described the grocery prospects and other proposed tenants. Councilmember Gustafson asked if there were possibilities of a theatre in the development. Mr. Eigle responded yes that there were two good possibilities. Mayor Ellison asked if there were any prospects for the outlots. Mr. Eigle responded yes. Lynn Lillyhome (architect) explained the details of the ice arena, the uses and the size. Councilmember Gustafson asked for the Page 16/EAGAN CITY COUNCIL MINUTES October 17, 1989 actual size. Mr. Lillyhome responded 3500 square feet. Councilmember Gustafson questioned the size of the Olympic rink. Mr. Lillyhome described the Olympic rink. Councilmember Egan asked for the details regarding the YMCA. Brad Swenson informed the Council that the YMCA was at the meeting to present its proposal. Mr. Lillyhome detailed the ice arena exterior for the Council. Councilmember Egan questioned the cost of the project. Mr. Swenson responded that it would cost between $3.2 and $3.5 million. Jim McMurdy (finance) stated the developer had three possibilities: (1) no development; (2) develop twelve acres; and (3) full development with tax increment financing. He presented the analysis of the tax effects under the three options. Brad Swenson stated management would be with the community use in focus. Sharon Swenson described the figure skating program options and also described the options for the School District programs. She read a letter to the Council she had received from School officials. Brad Schmitt (Eagan Hockey Association) explained that ice time was scarce and stated he was very enthusiastic about the proposal. He felt it would have a good economic impact. Rollie Crawford requested approval by the Council and stated he was prepared to answer any questions. Daryll Silverness discussed the YMCA participation in the proposal. He stated that the YMCA was excited about the project and explained what it offered. He expects a 1993 opening. He described the proposed uses and the financial needs. Councilmember McCrea pointed out that the YMCA runs wonderful family programs. Terry Bergrund stated he felt there was a need for a hockey rink. Alan Menning (ice coordinator) endorsed the arena and stated Eagan needed a rink to compete. Tom Jensen, 1123 Tiffany, had traffic and layout concerns. He urged caution and stated the City should address the concerns. Community Development Director Dale Runkle addressed the traffic and parking concerns and explained a detailed analysis had not been completed. He explained there was a need for the indirect source permit. Mayor Ellison stated that all aspects would be examined upon concept approval. Councilmember Egan stated he felt there would be excellent uses but questioned the traffic patterns. Mr. Runkle stated the traffic may decrease with mixed use but that he would examine the Page 17/EAGAN CITY COUNCIL MINUTES October 17, 1989 matter further. Councilmember McCrea complimented the developer and stated she supported the concept. She stated there were traffic issues and that a study should be done. She showed an interest in the board composition. She felt there was a need in Eagan for a good place for kids and families to go. Mayor Ellison asked if the developer would be willing to pay for the traffic engineer. Mr. Swenson stated he was willing to work with staff. Mayor Ellison stated he felt there was a need for the ice rink in Eagan, both publicly and privately. He looks forward to working with the developer and was excited about the project. Councilmember Gustafson explained he had a hockey background. He pointed out that the only request before the Council at the present time was to amend the Planned Development and that the Council had not given approval to the other items which had been discussed. Rollie Crawford explained that the developer wanted to be upfront and understood that the Council was considering only a Planned Development amendment at the present time. City Administrator Tom Hedges pointed out it was approval for the concept only. Councilmember Egan felt it was a very good location and he was very much in favor of the project. Gustafson moved, McCrea seconded, the motion to approve a Planned Development amendment to the Lexington South Planned Development and to allow a commercial center with retail uses located at the southeast intersection of Lexington Avenue and Diffley Road. All voted in favor. CONTRACT 89-05/DON VIMR APPRAISAL City Administrator Tom Hedges recommended favorable consideration. Councilmember Egan stated he favored the proposal. Don Vimr had questions regarding the interest. Public Works Director Tom Colbert explained that the rate of the bond sale would be approximately 9%. Egan moved, McCrea seconded, the motion to approve a request from Don Vimr to consider a deferment of the $12,000.00 proposed assessment for a buildable lot until such time that the property is developed and further that he will be responsible for the proposed and pending assessment of $12,000.00 for his existing homestead, in connection with Contract 89-05 (Project No. 543R - Skyline Road/Sibley Hills Drive). All voted in favor. SENECA FINAL PLAT DEVELOPMENT AGREEMENT/FIRST AMENDMENT City Administrator Tom Hedges presented the First Amendment to the Development Agreement to the Council. Page 18/EAGAN CITY COUNCIL MINUTES October 17, 1989 McCrea moved, Egan seconded, the motion to approve the First Amendment to the Development Agreement for the Seneca final plat. All voted in favor. SAFARI ESTATES SECOND ADDITION/REVISED GRADING PLAN Public Works Director Tom Colbert introduced the item. Councilmember McCrea had significant concerns. Mayor Ellison stated he also had concerns, in particular regarding erosion. Tom McMann stated he was sensitive to the concerns and pointed out that the developer had provided significant easements. He gave a history of the site. He stated it was a detailed plat and that the planned builder fell through. He explained the owner can not market the property. He reported that they have worked with City staff. He explained the grading plan and stated the developer was under an urgent timetable. Councilmember Gustafson had questions regarding the cost. Councilmember McCrea had concerns regarding staff's feeling regarding the matter. Gustafson moved, Egan seconded, the motion to approve a revised grading plan for Safari Estates Second Addition as requested by the developer, Fortune Realty. Gustafson, Ellison and Egan voted in favor; McCrea voted against. INDEPENDENT SCHOOL DISTRICT NO. 196 PROPOSAL/ WILMUS SITE FOR FUTURE ELEMENTARY SCHOOL City Administrator Tom Hedges updated the Council regarding the matter. Park and Recreation Director Ken Vraa described the proposed School parcel and explained that the School District would need some City property. He asked the Council if the City was willing or interested in a property swap. Mayor Ellison asked if it would work. Mr. Vraa responded yes. Councilmember Gustafson and Councilmember Egan agreed to the swap. VISITORS/BUR OAK HILLS/KENNEL LICENSE/HENNEKE Wayne Henneke (applicant) explained to the Council that he had purchased his home at Bur Oak Hills. He stated he has twenty cats which he breeds. He submitted letters from Minneapolis neighbors and his new neighbors. He requested a variance. City Administrator Tom Hedges explained that he first discussed the matter with Liz Witt. He pointed out the application was in order and that only a kennel license was required. Councilmember Egan stated he felt the matter was not yet ready for action as it was a zoning issue. Page 19/EAGAN CITY COUNCIL MINUTES October 17, 1989 The applicant stated that the cats would be totally enclosed. City Administrator Tom Hedges stated the matter would be on the next Council agenda. SENECA PLANT ADDITION Community Development Director Dale Runkle informed the Council that a building permit had been issued to Seneca. GUN CLUB/WMO Public Works Director Tom Colbert informed the Council that they were still a member short on the Gun Club/WMO Committee. He stated the matter would be on the November 9, 1989 Council agenda. Mayor Ellison stated that Alderks could be elevated and make Mike Foertsch an alternate. AUDIT SERVICES City Administrator Tom Hedges informed the Council that the request for proposal for audit services was complete and he would set up the interviews. STRATFORD OAKS City Administrator Tom Hedges informed the Council that the developer for Stratford Oaks requested a preliminary plat extension. Community Development Director Dale Runkle explained that the matter should be before the Council at the November 9, 1989 meeting. Egan moved, Gustafson seconded, the motion to approve a six (6) month extension of the preliminary plat for Stratford Oaks. All voted in favor. UNISYS/HOUSEHOLD HAZARDOUS WASTE COLLECTION City Administrator Tom Hedges recognized Unisys' cooperation with the hazardous waste collection. Councilmember McCrea stated she felt a plaque was a good idea. COUNCIL DISCUSSION Mayor Ellison requested an update regarding the pornographic material being sold in the City. City Administrator Tom Hedges stated that the letters were mailed the week of October 9, 1989. Councilmember McCrea stated that she had received contacts from concerned citizens. Mayor Ellison suggested the City look into a ban on cigarette machines and suggested following the White Bear Lake results. Page 20/EAGAN CITY COUNCIL MINUTES October 17, 1989 CHECKLISTS Egan moved, Gustafson seconded, the motion to approve the checklist dated October 16, 1989 in the amount of $900,794.67 and the checklist dated October 17, 1989 in the amount of $393,022.17. ADJOURNMENT The October 17, 1989 City Council meeting was adjourned at 12:30 p.m. CITY OF EAGAN VanOverbeke, City clerk EXHIBIT A LAW OFFICES HAROLD LEVANDER ARTHUR GILLEN TAeVander, Gillen, Miller, Anderson & Kuntz ROGER C MILLER PAUL H ANDERSON TIMOTHY J. KUNTZ 402 DROVERS BANK BLDG. • 633 SOUTH CONCORD ST. • P.O. BOX 298 DANIEL J. BEESON SOUTH ST. PAUL. MN 55075.0298 • (612) 451-1831 • FAX 16121 450-7384 ROLLIN H. CRAWFORD October 17, 1989 Honorable Victor Ellison and Members of the City Council Municipal Center 3830 Pilot Knob Road Eagan, MN 55121 Re: Storm Sewer Lateral Assessment Project #10P552 S/A #1958 $1,424.55 Marvin Rahn Tax I.D. No. 10-01100-010-25 Dear Mayor Ellison and Members of the City Council: This office represents Marvin and Renata Rahn in connection with the above assessment. This letter will constitute formal objection to said assessment. The objection is based upon the fact that there is no lateral service to the parcel being assessed and thus there is no present special benefit to the property from this improvement to legally sustain the assessment. Future benefit is speculative and is not a legally proper basis for said assessments. Because of the lack of benefit and the procedures used to determine the assessment, it is our position that the assessment is arbitrary, capricious, confiscatory and unreasonable. For the above reasons we believe the assessment constitutes an unconstitutional taking of the landowners property. Si e ly, Rollin H. Crawford RHC:tc cc: Marvin Rahn EXHIBIT B ~2 =rte leg L-A EXHIBIT C EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING THE PROPERTY IS NOT DEVELOPED NET TAXES TO THE TOTAL TAXES TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 15,000 -0- 15,000 1992 15,000 -0- 15,000 1993 15,000 -0- 15,000 1994 15,000 -0- 15,000 1995 15,000 -0- 15,000 1996 15,000 -0- 15,000 199.7 15,000 -0- 15,000 1998 15,000 -0- 15,000 1999 15,000 -0- 15,000 150,000 -0- 150,000 EAGAN CENTER SUMMARY OF PROPOSED COMMERCIAL LAND USE IF THE DEVELOPMENT IS LIMITED TO TWELVE ACRES LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES SHOPPING CENTER 10 2,395,800 231,176 3,264,074 5,891,050 206,187 OUTLOTS 2 566,280 52,276 1,500,000 2,118,556 74,149 TOTAL 12 2,962,080 283,452 4,764,074 8,009,606 280,336 TAXES ON UNDEVELOPED LAND 11,400 TOTAL TAX REVENUE 291,736 Based upon meetings with leasing agents, bankers and developers, our best estimate is that the property will develop in three to five years and will consist of ten acres of shopping center and two outlots. EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TWELVE ACRES OF THE PROPERTY ARE DEVELOPED IN 1994 TOTAL TAXES NET TAXES TO THE AT 3 1/2% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 15,000 -0- 15,000 1992 15,000 -0- 15,000 1993 15,000 -0- 15,000 1994 145,868 -0- 145,868 1995 291,736 -0- 291,736 1996 291,736 -0- 291,736 1997 291,736 -0- 291,736 1998 291,736 -0- 291,736 1999 291,736 -0- 291,736 TOTAL 1,664,548 1,664,548 EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TWELVE ACRES OF THE PROPERTY ARE DEVELOPED IN 1992 TOTAL TAXES NET TAXES TO THE AT 3 1/2% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 15,000 -0- 15,000 1992 145,868 -0- 145,868 1993 291,736 -0- 291,736 1994 291,736 -0- 291,736 1995 291,736 -0- 291,736 1996 291,736 -0- 291,736 1997 291,736 -0- 291,736 1998 291,736 -0- 291,736 1999 291,736 -0- 291,736 TOTAL 2,218,020 2,218,020 EAGAN CENTER SUMMARY OF PROPOSED COMMERCIAL LAND USE LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 3 1/2 SHOPPING CENTER 13.5 3,234,330 312,088 4,406,500 7,952,918 278,352 ICE ARENA 8.0 1,219,680 348,480 3,300,000 4,868,160 170,386 THEATER 4.7 1,126,026 108,516 1,820,000 3,054,542 106,909 MEDICAL/BANK 3.4 814,572 170,486 1,750,000 2,735,058 95,727 OUTLOTS 1.8 431,244 47,045 600,000 1,078,289 37,740 OUTLOTS 5.0 1,415,700 130,680 3,750,000 5,296,380 185,373 TOTAL 36.4 8,241,552 1,117,295 15,626,500 24,985,347 874,487 TAXES ON UNDEVELOPED LAND 4,080 TOTAL TAX REVENUE 878,567 Based upon meetings with leasing agents, bankers and developers, our best estimate is that with the assistance of tax increment financing, the ice arena, shopping center, medical/bank building, theater and half of the outlots will be developed in 1990 and the remaining outlots will be developed in 1991. EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TAX INCREMENT FINANCING IS APPROVED TOTAL TAXES NET TAXES TO THE AT 3 1/2% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 768,031 650,000 138,031 1992 878,567 650,000 228,567 1993 878,567 650,000 228,567 1994 878,567 650,000 228,567 1995 878,567 650,000 228,567 1996 878,567 650,000 228,567 1997 878,567 650,000 228,567 1998 878,567 650,000 228,567 1999 878,567 -0- 878,567 TOTAL 7,811,567 5,200,000 2,631,567 EAGAN CENTER SUMMARY OF PROPOSED COMMERCIAL LAND USE IF THE DEVELOPMENT IS LIMITED TO TWELVE ACRES LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 5% SHOPPING CENTER 10 2,395,800 231,176 3,264,074 5,891,050 294,552 OUTLOTS 2 566,280 52,276 1,500,000 2,118,556 105,927 TOTAL 12 2,962,080 283,452 4,764,074 8,009,606 400,479 TAXES ON UNDEVELOPED LAND 11,400 TOTAL TAX REVENUE 411,879 EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TWELVE ACRES OF THE PROPERTY ARE DEVELOPED IN 1994 TOTAL TAXES NET TAXES TO THE AT 5% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 15,000 -0- 15,000 1992 15,000 -0- 15,000 1993 15,000 -0- 15,000 1994 205,940 -0- 205,940 1995 411,879 -0- 411,879 1996 411,879 -0- 411,879 1997 411,879 -0- 411,879 1998 411,879 -0- 411,879 1999 411,879 -0- 411,879 TOTAL 2,325,335 2,325,335 EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TWELVE ACRES OF THE PROPERTY ARE DEVELOPED IN 1992 TOTAL TAXES NET TAXES TO THE AT 5% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 15,000 -0- 15,000 1992 205,940 -0- 205,940 1993 411,879 -0- 411,879 1994 411,879 -0- 411,879 1995 411,879 -0- 411,879 1996 411,879 -0- 411,879 1997 411,879 -0- 411,879 1998 411,879 -0- 411,879 1999 411,879 -0- 411,879 TOTAL 3,119,093 -0- 3,119,093 EAGAN CENTER SUMMARY OF PROPOSED COMMERCIAL LAND USE LAND LAND IMPROVEMENT BUILDING TOTAL REAL ESTATE ACRES VALUE COST COST VALUE TAXES @ 5% SHOPPING CENTER 13.5 3,234,330 312,088 4,406,500 7,952,918 397,646 ICE ARENA 8.0 1,219,680 348,480 3,300,000 4,868,160 243,408 THEATER 4.7 1,126,026 108,516 1,820,000 3,054,542 152,727 MEDICAL/BANK 3.4 814,572 170,486 1,750,000 2,735,058 136,753 OUTLOTS 1.8 431,244 47,045 600,000 1,078,289 53,914 OUTLOTS 5.0 1,415,700 130,680 3,750,000 5,296,380 264,819 TOTAL 36.4 8,241,552 1,117,295 15,626,500 24,985,347 1,249,267 TAXES ON UNDEVELOPED LAND 4,080 TOTAL TAX REVENUE 1,253,347 , .1 EAGAN CENTER ESTIMATED REAL ESTATE TAXES ASSUMING TAX INCREMENT FINANCING IS APPROVED TOTAL TAXES NET TAXES TO THE AT 5% TIF PORTION CITY OF EAGAN 1990 15,000 -0- 15,000 1991 1,093,981 650,000 443,981 1992 1,253,347 650,000 603,347 1993 1,253,347 650,000 603,347 1994 1,253,347 650,000 603,347 1995 1,253,347 650,000 603,347 1996 1,253,347 650,000 603,347 1997 1,253,347 650,000 603,347 1998 1,253,347 650,000 603,347 1999 1,253,347 -0- 1,253,347 TCY'AL 11,135,757 5,200,000 5,935,757