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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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:
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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
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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
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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