03/07/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 7, 1989
A regular meeting of the Eagan City Council was held on Tuesday,
March 7, 1989, at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and
McCrea. Also present were City Administrator Tom Hedges, Public Works
Director Tom Colbert, Community Development Director Dale Runkle,
City Planner Jim Sturm, Assistant City Engineer Mike Foertsch and
City Attorney James Sheldon.
AGENDA
City Administrator Tom Hedges recommended continuing Item C
under the Consent Agenda (License, Gambling, Minnesota Valley
Exchange Club, Pulltabs at Richard's Food and Liquor, 4185 South
Robert Trail) to the March 21, 1989, City Council meeting.
Wachter moved, McCrea seconded, the motion to approve the agenda
as amended. All voted in favor.
MINUTES
February 21. 1989. Mayor Ellison requested the change on page 1,
paragraph 4, correcting the name to "Mike Michou".
Councilmember Egan requested the correction from Bonestroo
representative to Dakota County Highway Department representative,
Dave Zeck, on pages 4 and 6.
McCrea moved, Wachter seconded, the motion to approve the
minutes for the February 21, 1989, regular Council meeting as
amended. All voted in favor.
RESOLUTION/FULL TRANSFER OF THE STATE'S MOTOR VEHICLE EXCISE TAX
TO THE HIGHWAY USER TAX DISTRIBUTION FUND
Assistant City Engineer Mike Foertsch introduced the matter to
the Council.
Wachter moved, Egan seconded, the motion to approve the
resolution to allow full transfer of the State's motor vehicle excise
tax to the highway user tax distribution fund. All voted in favor.
R-89.7
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March 7 , 1989
POLICE DEPARTMENT REORGANIZATION
Chief of Police Pat Geagan reported to the Council regarding the
reorganization request. Councilmember Egan asked if a balance would
be maintained between the two lieutenants. Geagan responded yes. Egan
requested a clarification regarding the administrative secretary.
Mayor Ellison asked if this would achieve the Police Department's
goal of constant supervision. Geagan responded yes, on paper.
Wachter moved, Gustafson seconded, the motion to approve the
reorganization of the Police Department management structure as
presented. All voted in favor.
DEPARTMENT UPDATES
City Administrator Tom Hedges read a thank you letter from the
O'Patrany grandparents.
Chief Southorn informed the Council that the Eagan Fire
Department was involved in controlling the NSP Black Dog fire.
John Hohenstein distributed hats from the recycling firm and
stated the public response was fantastic. Councilmember McCrea
questioned where the containers were left. Mr. Hohenstein stated they
should be at the doorstep.
CONSENT AGENDA
Item A. Personnel Items.
1. Clerk/typist positions.
a. Full-time clerk/typist in Administration. It was recommended
to approve the hiring of Virginia Discenza subject to successful
completion of the City's physical examination requirements.
b. Half-time clerk/typist in Community Development. It was
recommended to continue the hiring for the position until the March
21, 1989, City Council meeting.
c. Half-time clerk/typist in Parts Department. It was
recommended to approve the hiring of Nancy Hammel subject to the
successful completion of the City's physical examination
requirements.
Item B. Plumbers Licenses.
It was recommended to approve the 8 plumbing licenses and 1
water softener license as presented.
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March 7, 1989
Item C. License, Gambling. Minnesota Valley Exchange Club.
Pull-tabs at Richard's Food and Liquor. 4185 South Robert Trail.
It was recommended to continue this item to the March 21, 1989,
City Council meeting.
Item D. License, Liquor. New Manager/LaFonda DeAcebo.
It was recommended to approve an amendment of the liquor license
for LaFonda DeAcebo Restaurant to reflect a new manager (Judy
Johnson, 1400 47th Avenue, Columbia Heights).
Item E. Project 527. Final Assessment Hearing (Lexington Square
- Storm Sewer).
It was recommended to continue indefinitely the scheduled final
assessment hearing for Project 527 (Lexington Square - Storm Sewer).
Item F. Project 487R, Receive Final Assessment Roll/Order Public
Hearing (Braun Court - Streets and Storm Sewer).
It was recommended to receive the final assessment roll for
Project 487R (Braun Court - Streets and Storm Sewer) and schedule a
public hearing to be held on April 4, 1989.
Item G. Project 518. Receive Final Assessment Roll/Order Public
Hearing (Eagan High School - Utilities).
It was recommended to receive the final assessment roll for
Project 518 (Eagan High School - Utilities) and order the public
hearing to be held on April '4, 1989.
Item H. Maintenance Vehicle No. 125, Approve Specs/Authorize Ad
for Bids (Miscellaneous Equipment and Attachments).
It was recommended to approve the specifications for Maintenance
Vehicle No. 125 (Miscellaneous Equipment and Attachments) and
authorize the advertisement for a bid opening to be held at 10:00
a.m. on March 14, 1989.
Item I. Contract 88-06, Final Payment/Acceptance (Braun Court -
Streets and Storm Sewer).
It was recommended to approve the third and final payment for
Contract 88-06 (Braun Court - Street and Storm Sewer) and accept the
project for perpetual maintenance.
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March 7, 1989
Item J. Contract 88-12. Final Payment/Acceptance (Eagan
School - Utilities).
It was recommended to approve the fifth and final payment for
Contract 88-12 (Eagan High School - Utilities) and accept the project
for perpetual maintenance.
Item K. Contract 87-32C, Final Payment/Acceptance (Chapel Hill
Addition - Streets and Utilities).
It was recommended to approve the second and final payment for
Contract 87-32C (Chapel Hill Addition - Streets and Utilities) and
accept the project for perpetual maintenance.
Item L. Petition to Vacate Portion of Public Right-of-Way (Auge
Road)
It was recommended to receive the petition to vacate a portion
of public right-of-way for Auge Road and schedule a public hearing to
be held on April 4, 1989.
Item M. Approve Cooperative Power Association Lease
Agreement/Fire Station No. 3/Well and Pum ouse.
It was recommended to approve the Cooperative Power Association
Lease Agreement for South Well Field "D" (Fire Station No. 3) and
authorize the Mayor and City Clerk to execute all related documents.
McCrea moved, Gustafson seconded, the motion to approve the
foregoing consent agenda items as amended and authorize their
implementation. All voted in favor.
DRUG AWARENESS RESISTANCE EDUCATION
City Administrator Tom Hedges informed the Council that staff
was considering a program for fifth grade drug education to be
conducted by the Police Officers.
Chief of Police Pat Geagan explained the program which would
consist of one hour per week for 17 weeks. He stated the course was
very structured and that there was a training program involved. The
Lions Club would pay for the travel expenses. He further stated that
January of 1990 was the soonest the program could begin.
Councilmember McCrea stated she felt there should be grant money
available for the payment of the wages. She felt there should not be
duplication on different levels and that the program should be
coordinated. She stated the children's view point should not be
overlooked.
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March 7, 1989
Mayor Ellison felt the money would be well spent as the program
was a very worthy endeavor.
Councilmember Gustaf son stated there was tremendous pressure
every year to add hours to curriculum. He felt the program was
needed.
City Administrator Tom Hedges informed the Council no action was
necessary on the matter.
PROJECT 546/CEDARVALE BOULEVARD (STREET RESURFACING)
Assistant City Engineer Mike Foertsch updated the Council on the
matter.
Bob Freegard (OSM) presented the details of the feasibility
report to the Council. He reviewed the location, structure of
pavement, repairs needed and the overlay. He reported that the
project would provide uniform width and he outlined the storm sewer
improvements. He showed the assessment areas and presented the
estimated cost.
Councilmember Egan questioned the storm sewer improvements. Mr.
Freegard described the nature of the improvements. Councilmember
Wachter questioned the changes made on the west end. Mr. Freegard
described the changes.
Councilmember Gustafson asked why the north properties were not
assessed. Mr. Freegard stated those properties had their own service
road. Mr. Gustafson stated the other properties also had a service
road. Assistant City Engineer Mike Foertsch informed the Council that
those service roads were part of the gas station property and that it
was a private access drive only.
Councilmember Egan questioned the 10% contingency. Public Works
Director Tom Colbert stated that reconstruction had more unknowns
than new construction.
Councilmember Gustafson indicated that Rahn Road should also be
upgraded. Councilmember McCrea concurred and stated that Rahn Road
was in bad shape. Public Works Director Tom Colbert pointed out that
the neighboring residents opposed a past proposal to upgrade Rahn
Road.
Assistant City Engineer Mike Foertsch emphasized that the
assessments were consistent with past practices.
McCrea moved, Egan seconded, the motion to close the public
hearing and approve Project 546 (Cedarvale Boulevard -
Restoration/Resurfacing) and authorize the preparation of detailed
plans and specifications. All voted in favor.
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March 7, 1989
VACATE DRAINAGE AND UTILITY EASEMENT (LOT 15, BLOCK 1,
CHATTERTON PONDS)
Assistant City Engineer Mike Foertsch supplied the information
regarding the petition for the Council. He informed the Council that
the petitioner requested a two-week continuance of the matter to
further review the landscaping.
Mayor Ellison questioned what effect that would have on the
Council action. Mr.Foertsch stated there would be no effect.
Councilmember Egan commented that the matter should not be continued.
McCrea moved, Egan seconded, the motion to close the public
hearing and approve the vacation of the drainage and utility easement
for Lot 15, Block 1, Chatterton Ponds, and authorize the Mayor and
City Clerk to execute all related documents. All voted in favor.
VACATE A PORTION OF STREET RIGHT-OF-WAY (HERITAGE LANE -
NORTH OF YANKEE DOODLE ROAD)
Assistant City Engineer Mike Foertsch furnished an update on the
matter for the Council.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve the vacation of a portion of street right-of-way
(Heritage Lane - North of Yankee Doodle Road), and authorize the
Mayor and City Clerk to execute all related documents. All voted in
favor.
AWARD CONTRACT/LEXINGTON AVENUE - RESERVOIR
(CONTRACT 88-24/PROJECT 538A)
City Administrator Tom Hedges summarized the background on the
matter. City Attorney Jim Sheldon informed the Council that a verbal
commitment had been received from the title insurance company and
that the matter could be closed next week. Assistant City Engineer
informed the Council that the City could proceed with the contract
award.
Egan moved, Wachter seconded, the motion to award Contract 88-24
(Lexington Avenue - Reservoir) to Brown Tank Minneapolis of Eagan and
authorize the Mayor and City Clerk to execute all related documents.
All voted in favor.
CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING SIGN
City Administrator Tom Hedges introduced the item to the Council
and stated that the APC recommended denial of the application.
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March 7, 1989
Community Development Director Dale Runkle summarized the
application and stated the size of the sign exceeded criteria. City
Administrator Tom Hedges stated the outstanding obligations should be
stricken and could be added at a future date. Councilmember McCrea
asked for a review of the rules regarding financial obligations. Mr.
Hedges stated that a plat or a waiver of plat is the triggering
action. McCrea stated she felt the City should be consistent.
Arthur Dean (Naegele) reported that the site meets the criteria
of the present sign ordinance. He stated he felt the size of the sign
was an issue but that the Council had allowed larger signs in the
past. He explained that the size of the sign was an industry
standard. He submitted a list of Eagan advertisers who have used
Naegele signs and stated that the signs allow advertisers to move
about.
Councilmember Egan questioned if the height of the sign met City
Code. Mr. Runkle stated yes. Mr. Egan pointed out that the Council
had previously discussed the location of freeway signs and questioned
if this sign met that criteria. Mr. Runkle stated yes and that it was
one of the few sites remaining.
Mayor Ellison requested information regarding the "principle
use" concept. Mr. Dean explained that the Eagan ordinance did not
have principle use language, but that the results were basically the
same. He stated that Naegele would like businesses to retain the
sign.
City Attorney Jim Sheldon described Eagan's ordinance and stated
that the City had determined that 250 feet was appropriate. He
indicated that if larger signs were requested, standards should be
set forth in the ordinance.
Mayor Ellison suggested a review of the billboard ordinance. Mr.
Hedges stated he felt that it was a good point and that it had been
about seven years since the ordinance was reviewed. He stressed that
the City of Eagan was changing rapidly. Councilmember Egan emphasized
that if the City set reasonable standards, it could avoid problems.
Councilmember McCrea expressed her concerns and stated that she felt
Eagan should never resemble South Robert Street. She pointed out that
she was previously on the sign committee.
Mayor Ellison recommended reviewing other municipalities' sign
ordinances regarding spacing, size, principle use, etc. He requested
that the applicant in this matter be included in staff discussions.
Mr. Runkle informed the Council that he felt June 1 would be a
reasonable time for response back to the Council.
Egan moved, Wachter seconded, the motion to continue to the June
5, 1989, City Council meeting the conditional use permit for Naegele
Outdoor Advertising, Inc., to allow a 40 foot tall, "V" shaped
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March 7, 1989
billboard advertising sign on Lot 2, Block 1, S & W Industrial Acres,
to allow further research of the billboard ordinance. All voted in
favor.
COMPREHENSIVE GUIDE PLAN AMENDMENT/PARK CENTER ADDITION/FEDERAL
LAND COMPANY
City Administrator Tom Hedges informed the Council that the APC
had considered the applications as submitted by Federal Land Company
and recommended a denial of the Comprehensive Guide Plan Amendment
and rezoning.
Community Development Director Dale Runkle reviewed the site
plan with the Council and made reference to the HRA Option K. He
informed the Council that the application had been reviewed with the
City Attorney.
Martin Colon (Federal Land Company) announced that he was
prepared to give a full presentation if requested by the Council. In
regard to the traffic matter, he stated he had met with Sorenson and
Colbert and that eventually, probably 1991, Cliff Road would be a
six-lane road. He stated the configuration would be similar to Yankee
Doodle Road.
Mr. Colon explained that the surveyor counted all trees in
excess of 6 inches in width and three feet tall and that the count
was approximately 180. He stated the trees were concentrated in the
northwest corner near the senior citizens site. He observed that if
the plan proceeded, 20% to 25% of the trees would be saved if the
office buildings were installed. He explained that if the HRA plan
was approved, up to 33% of the trees could be saved. He reported that
Federal Land Company would plant 200 trees when the development was
completed.
Councilmember McCrea asked when the center would open. Mr. Colon
stated it would open either when the final placement of Cliff Road
was completed (about 1991) or when the interim construction could be
accomplished, including the widening and signalizing of the westerly
access point. He stated this would solve the problem. He announced
that the developer would assume the cost of the upgrade.
Councilmember McCrea suggested using the Target lot as a
prototype for saving trees. Mr. Colon stated the developer was
willing to make that commitment.
Councilmember Egan questioned if trees in other areas of the
development would be saved. He also questioned what type of interim
improvements were needed. Mr. Colon informed the Council that the
developer was willing to pursue any interim options set out by the
County and the City engineers. Mr. Egan questioned if it would be an
"either/or" proposition. Assistant City Engineer responded yes.
Page 9/EAGAN CITY COUNCIL MEETING MINUTES March 7, 1989
Councilmember McCrea questioned if Federal Land could open earlier if
the temporary provisions were made. Mr. Colon stated yes. Mayor
Ellison recommended that the City should encourage the upgrading as
top priority. Councilmember Wachter questioned if the County approval
was for the two entrances off of Cliff Road. Mr. Colon responded that
it was only preliminary. Mr. Foertsch informed the Council that the
County had not reviewed the study and would not do so until March 13.
He stated that the 1991 or 1992 upgrade was not official.
Councilmember McCrea stated the Council could approve a
resolution. City Administrator Tom Hedges commented that staff could
reprioritize the capital improvements plan.
City Attorney Jim Sheldon emphasized that it was a sensitive
area and that whichever direction the Council went, there would be
criticism and perhaps a lawsuit. He informed the Council of two
alternatives:
I. Obtain additional information and facts regarding use of the
entire Park Center site as a multi-family development.
II.
1. Send the CPD Comprehensive Guide Plan Amendment to the
Metropolitan Council for review.
2. Send the west part of the Park Center property to the APC to
begin action for rezoning that property to R-3.
3. Direct City staff to prepare the following:
a. Resolution amending the Comprehensive Guide Plan.
b. Resolution approving the rezoning and entering into the
Planned Development Agreement for the eastern part of the
property to Commercial Planned Development uses.
c. Resolution approving the Preliminary Plat of the eastern
part of the property with the western part of the property
as shown as an outlot.
d. Subdivision Agreement.
e. Pylon Sign Agreement.
f. Staff to review the executed Option Agreement with the
HRA and Federal Land for acquisition of the eastern part of
the property.
Page 10/EAGAN CITY COUNCIL MEETING MINUTES Ys .
March 7, 1989
g. Settlement Agreement for the condemnation lawsuit
between the City of Eagan and Federal Land for acquisition
of the pond and utility easements on the Park Center
property.
Mayor Ellison asked how the Metropolitan Council received
authority to rezone in Eagan. Mr. Sheldon stated the authority was
given by the state legislature and he further explained the history.
Councilmember McCrea commented that she thought the
Comprehensive Guide Plan was a guide. She stated the changes in the
surrounding land use had not affected this parcel and questioned how
a lawsuit could be generated. Mr. Sheldon stated that a lawsuit would
not mean that the Council did anything wrong. McCrea stated the City
had not received a lawsuit for quite a while.
Councilmember Gustafson questioned that if the Council needed to
,,take a procedure, what assurance would the developer have. He stated
he leaned toward the proposed type of development and questioned if
the resolutions would cover these concerns. Mr. Sheldon stated that
the procedure was consistent with the last five Planned Development
Agreements and that all parties should understand the position.
Mr. Sheldon also commented that the 120 day limit applied only
to the preliminary plat and that the applicant should agree to the
continuance.
Councilmember Egan suggested the Council act on only two matters
at the present time: (1) recommend change to the Comprehensive Guide
Plan; or (2) rezone to Multi Residential. Councilmember Wachter
suggested also including sending it to Dakota County.
Councilmember Egan questioned the Met Council's timeframe.
Community Development Director Dale Runkle stated it could be
anywhere from 10 to 90 days and that the traffic studies would be
reviewed.
Councilmember Gustafson questioned that if the City sent the
matter to the Metropolitan Council and it approved, could the City
still change its mind. Councilmember Egan stated the record was
clearly established and that in 1984, the Council refused rezoning on
the basis of excess commercial in Eagan. Since that time, there has
been substantial change in the area. He stated that the plan is very
sensitive and that the developer demonstrated that D-III would be
spot zoning. He further stated that the study showed that the area is
ripe for further retail zoning.
Egan moved, McCrea seconded, the motion to:
1. Approve and send the CPD Comprehensive Guide Plan Amendment
for Park Center Addition to the Metropolitan Council for review.
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March 7, 1989
2. Send the west part of the Park Center property to the APC to
begin action for rezoning that property to R-3.
3. Direct City staff to prepare the following:
a. Resolution amending the Comprehensive Guide Plan.
b. Resolution approving the rezoning and entering into the
Planned Development Agreement for the eastern part of the
property to Commercial Planned Development uses.
c. Resolution approving the Preliminary Plat of the eastern
part of the property with the western part of the property
as shown as an outlot.
d. Subdivision Agreement.
e. Pylon Sign Agreement.
f. Staff to review the executed Option Agreement with the
HRA and Federal Land for acquisition of the eastern part of
the property.
g. Settlement Agreement for the condemnation lawsuit
between the City of Eagan and Federal Land for acquisition
of the pond and utility easements on the Park Center
property.
All voted in favor.
Councilmember Egan stated the applicant agrees to continue the
preliminary plat application.
Wachter moved, Gustafson seconded, the motion to approve a
resolution requesting Dakota County upgrade Cliff Road between I-35E
and Cliff Center. All voted in favor.
PRELIMINARY PLAT/OAK CLIFF 3RD ADDITION
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle summarized the
application. Assistant City Engineer Mike Foertsch informed the
Council that staff did not recall making a commitment to the
developer regarding unassessed financial obligations.
Councilmember Egan referenced Tom Colbert's letter dated March
2, 1988, to Tom Hedges. He stated that the Council alone would make
those determinations. Councilmember Wachter noted that even if staff
had made commitments, it would not be binding.
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March 7, 1989
Saul Bernick distributed a packet to the Council, including an
Affidavit from Greg Soule. He informed the Council that Mr. Schlangen
contested the new special assessments and believed it was a
settlement negotiation. He stated that at no time was anyone aware
that such an assessment would exist. He announced that they felt it
was a binding agreement.
Councilmember Egan stated he felt the Owner had a duty to
inquire as to the authority. He reiterated that the City enters into
all agreements through the City Council. Councilmember Wachter
emphasized that every parcel must pay its financial obligations.
Mr. Bernick pointed out that they had relied on the City's
actions. City Administrator Tom Hedges recapped the procedure for the
City requiring availability charges. Mr. Bernick stated that the
assessment was arbitrary. Assistant City Engineer Mike Foertsch
commented that the review with Mr. Wobschall was to identify and
explain the assessments. Councilmember Egan stated the City would not
negotiate on the basis of supposed statements by Wobschall.
City Attorney James Sheldon stated that only unimproved property
could be deferred. Mr. Hedges stated it should either be included or
waived. Mr. Sheldon commented that Mr. Schlangen must determine what
is owed and who has authority. Councilmember Egan questioned if the
Council needed to establish a benefit. Mr. Sheldon stated it could be
waived.
Mayor Ellison pointed out that the City needed to recover these
costs and that a deferment would be a good compromise.
Egan moved, Wachter seconded, the motion to approve the
preliminary plat (replat) entitled Oak Cliff 3rd Addition consisting
of two lots (2.91 acres) and one outlot (6.06 acres) located along
the west side of Slater Road south of Cliff Road in the northwest
quarter of Section 31, as submitted by Robert Schlangen, subject to
the following conditions:
1. The standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, B4, Cl, C2, C4, Dl, El, Fl, and G1.
2. Lot 1 shall be reviewed by the City Council prior to the
issuance of a building permit.
3. A revised landscape plan shall be submitted for Lot 1 based
on current landscape policy requirements prior to the final plat
submission.
4. The development is required to add a sediment trap for the
car wash and service station portion of the property to keep debris
and sediment from settling out in the City's sanitary sewer line.
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March 7, 1989
5. The development is required to provide sewer and water
service to each platted parcel.
6. Subject to a written agreement to allow assessment, the
assessible cost shall be deferred and assessed to Outlot B.
All voted in favor.
Councilmember Gustafson asked if he was correct in that the City
did not propose assessments at the other stages. Mr. Foertsch stated
he was correct. Mr. Gustafson replied that he felt uncomfortable when
the City missed it so many times, but agreed it was a compromise.
GENERAL FUND BUDGET ADJUSTMENT/DECEMBER 31, 1988
City Administrator Tom Hedges described the adjustments to the
Council and stated that the matter could be considered at the work
session.
Councilmember McCrea asked if the legal fees had been
under-estimated for 1988. Mr. Hedges stated that lawsuits make up a
certain portion of the legal fees and further stated that Hauge
received all of his payments last year. He explained that the
transition caused doubling of legal costs but that the revenue would
offset it. McCrea questioned if the 1989 legal fees would also
increase. Mr. Hedges stated that revenue sources are tight and that
the City would need to do tight monthly forecasting. He informed the
Council that the 1989 budget would be monitored closely. McCrea
suggested taking a look at the engineering provisions. She requested
good projections. She felt there was a need for an in-house policy in
regards to contacting consultants. Mr. Hedges stated that it should
strictly be a legal matter in order to contact the attorneys.
Councilmember McCrea emphasized that she was not saying that the fees
were too high, just recommending that it should be monitored.
Councilmember Egan indicated that the projected budget increased
by 40% and that the City should take a look at the matter. He stated
that the revenues were not increasing as fast as the expenditures. He
felt the City could not count on permits and fees to handle the
budget.
City Administrator Tom Hedges explained that 1989 would have
upward adjustments to the revenue. He further explained the budgeting
process.
Mayor Ellison commented that the City had a higher contingency
amount at the present time. He stated that the City also estimated
revenues more liberally and felt that the City should begin to
estimate revenues more conservatively.
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March 7, 1989
McCrea moved, Egan seconded, the motion to approve the fiscal
1988 budget adjustments as presented. All voted in favor.
VARIANCE/BUILDING FRONT SETBACK/VILLAUME INDUSTRIES
Community Development Director Dale Runkle briefed the Council
on the application.
Nick Linsmeier (Plant Manager) informed the Council that the
hardship was for fire safety reasons. He explained the layout and the
type of product of the industry. He further explained the flow of
people through the building.
Mayor Ellison questioned why the applicant did not consider
moving the entry further north. Mr. Linsmeier stated the proposed
location is located where the old entrance is.
Mr. Runkle disclosed that the issue regarding the parking on the
street should be resolved. Councilmember Wachter had concerns
regarding the parking requirements. Mayor Ellison questioned if more
stalls could be added. Mr. Linsmeier addressed the parking concerns
and stated more stalls could not be added but that there was enough
parking in the lot. Councilmember Gustafson asked what was wrong with
parking in the street.
Egan moved, Wachter seconded, the motion to continue the matter
to the March 21, 1989, City Council meeting in regard to the
additional 18 foot variance to the 40 foot building front setback for
Villaume Industries located at Lot 5, Eagandale Center Industrial
Park 2nd Addition - 2926 Lone Oak Circle.
Mayor Ellison stated he felt the two matters should not be
linked together and that the variance should be decided on its own
merits. Councilmember Egan stated he felt the two were linked
together.
Egan and Wachter voted in favor; Ellison, Gustaf son and McCrea
voted against. The motion failed.
McCrea moved, Ellison seconded, the motion to approve an
additional 18 foot variance to the 40 foot building front setback for
Villaume Industries located at Lot 5, Eagandale Center Industrial
Park 2nd Addition - 2926 Lone Oak Circle, subject to the condition
that the applicant work with the City staff to assure adequate
parking. All voted in favor.
Councilmember Wachter questioned if the matter met City Code.
Councilmember Egan questioned the requirements of the Code. City
Attorney Jim Sheldon cited City Code 11.40. Councilmember Gustafson
reviewed the hardship with the developer.
7 -117-:4
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March 7, 1989
CLIFF LAKE GALLERIA SIGN AGREEMENT MODIFICATION
Community Development Director Dale Runkle explained the
modification to the sign agreement and stated that the City's sign
inspector had reviewed the matter and indicated there was nothing
which would prohibit consideration of the request.
Gustafson moved, Egan seconded, the motion to approve a
modification of the Cliff Lake Galleria Sign Agreement to permit the
pylon sign and a monument sign to be relocated at Cliff Lake Center
as presented. All voted in favor.
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/
OUTLOT C/KINGSWOOD 2ND ADDITION
City Administrator Tom Hedges informed the Council that a letter
had been received from the developer requesting a continuance.
Rollie Crawford (Attorney) informed the Council that the
developer is seriously rethinking the entire request and would return
before the APC if the plan was changed.
Councilmember Egan asked if there was an engineering report.
Community Development Director Dale Runkle stated that the applicant
had requested review without platting. Mayor Ellison remarked that
the developer should let the Council air its commercial concerns. Mr.
Crawford stated the developer wanted to re-evaluate the entire
situation.
Councilmember McCrea asked for the length of the continuance
requested. Mr. Crawford stated indefinite and reiterated that the
developer was willing to go back before the APC. McCrea complimented
the developer on its attitude to rethink the request.
Egan moved, McCrea seconded, the motion to continue indefinitely
the Comprehensive Guide Plan Amendment and rezoning of 1.4
Agricultural acres to a Limited Business district on Outlot C of the
Kingswood 2nd Addition preliminary plat, to allow the developer to
review the entire request, with the condition that if the plan
changes, the matter will be referred back to the Advisory Planning
Commission. All voted in favor.
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/
PRELIMINARY PLAT/STERNS ADDITION/ISD #196
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle stated the
architects were available to discuss the bus access issue.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES j
March 7, 1989
Kevin Sullivan (Wold Association) thanked the staff for their
consideration in the handling of the matter and stated he was
available for questions.
Mayor Ellison asked Mr. Sullivan if he were comfortable with the
bus circulation. Mr. Sullivan responded yes. Councilmember Egan
questioned if the City had reviewed the matter. Public Works Director
Tom Colbert replied that staff had reviewed the matter and was also
evaluating the over-flow parking for special events and increasing
the width of Dodd Road. Councilmember Wachter questioned the access
width. Mr. Sullivan explained the width. Mr. Wachter questioned if
the parking would be adequate for special events. Mr. Sullivan
reported that the residential areas must be used and that it is the
past practice of the School District to use residential areas.
McCrea moved, Gustafson seconded, the motion to approve the
Comprehensive Guide Plan Amendment changing the land use designation
from Mixed Residential to Public Facilities (schools), as submitted
by Independent School District No. 196 - Sterns Addition. All voted
in favor.
Wachter moved, Egan seconded, the motion to approve a rezoning
of 16.46 Agricultural acres to a Public Facilities district, as
submitted by Independent School District No. 196 - Sterns Addition.
All voted in favor.
Egan moved, McCrea seconded, the motion to approve a preliminary
plat consisting of one lot for an elementary school located east of
Dodd Road and south of Hackmore Drive (extended) in the north half of
Section 25, as submitted by Independent School District No. 196 -
Sterns Addition, subject to the following conditions:
1. The standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B2, B3, B4, Cl, C2, C5, Dl, El and G1.
2. The development will be required to limit post-development
phosphorus export levels to pre-development levels.
3. City staff to review the grading plan and the School District
to be required to remove the drainage from the Schramm property.
4. The development will be required to submit a landscape plan
which defines the boundary of the school and the Schramm property.
5. The School District to inform the adjoining property owners
of the discrepancy in the survey.
All voted in favor.
R-89.8
Page 17/EAGAN CITY COUNCIL MEETING MINUTES OO791
March 7, 1989
BUD PURCHASE/LEXINGTON SOUTH
City Administrator Tom Hedges updated the Council on the
background of the matter.
Councilmember McCrea requested further clarification. Public
Works Director Tom Colbert stated that BUD would only sell the entire
parcel. Councilmember Gustafson suggested selling the land (for this
parcel) but retaining the right-of-way for Daniel Drive.
Councilmember Wachter requested the amount of acreage being sold.
Community Development Director Dale Runkle stated it was
approximately 17 acres.
Councilmember McCrea questioned if Brad Swenson incurred the
legal costs. City Attorney Jim Sheldon stated he was sure there were
some costs which were incurred and suggested the Council have the
land appraised. Councilmember Egan had concerns regarding title
problems.
Egan moved, Wachter seconded, the motion to give direction to
the City staff as follows:
1. The BUD property located at the southwest corner of Lexington
Avenue and Diffley Road is to be kept for the reservoir site and
recreation site.
2. The following property is no longer necessary for the purpose
for which it was required and shall be designated surplus and should
be appraised for sale as follows:
a. The northerly extension of Daniel Drive at Diffley Road to be
appraised with the intent to sell as R-1 property.
b. The property along the north side of Wilderness Run Road and
east of Walnut Hills Park to be appraised as R-1 or R-2.
c. The portion of the previously proposed Soderholm Addition at
the northwest corner of Lexington Avenue/Diffley Road to be
appraised with the intent to sell as R-4 or Commercial.
All voted in favor.
PROJECT 561/RECEIVE PETITION/ORDER FEASIBILITY REPORT
(STERNS ADDITION - STREETS AND UTILITIES)
Egan moved, Gustafson seconded, the motion to receive the
petition for Project 561 (Sterns Addition - Streets and Sewers) and
authorize the preparation of a feasibility report. All voted in
favor.
Page 18/EAGAN CITY COUNCIL MEETING MINUTES 0072
March 7, 1989
PETITION TO VACATE PUBLIC RIGHT-OF-WAY (EGAN AVENUE - VILAS
LANE TO PILOT KNOB ROAD)
Gustafson moved, Wachter seconded, the motion to schedule a
public hearing to vacate the public right-of-way (Egan Avenue - Vilas
Lane to Pilot Knob Road) for April 4, 1989. All voted in favor.
DISCUSSION
City Administrator Tom Hedges stated the Town Hall Grant was not
approved by the state but that the county would fund a portion of the
move.
Mr. Hedges also stated that the Marsha Bussey water matter had
been resolved.
Mr. Hedges referenced his memorandum regarding the Community
Center and stated it was a draft only.
Councilmember Egan mentioned to the Council that the City of
Chanhassen was utilizing TIF for a Community Center.
Community Development Director Dale Runkle updated the Council
on the Seneca project.
Public Works Director Tom Colbert presented an update on Dodd
Road/494 upgrade.
Councilmember Wachter had concerns regarding airplane noise.
Councilmember Gustafson asked if the Council would conduct a
workshop on the referendum failure. Mayor Ellison stated a workshop
was scheduled for March 28, 1989, and that the workshop could
partially be devoted to the topic.
Councilmember Gustafson had concerns regarding "discovered
assessments" and he stated that they seem to come up often and
questioned if they could all be found at once. Public Works Director
Tom Colbert explained the process. City Administrator Tom Hedges
stated that the City collects what it can.
Mayor Ellison commended the Public Works Department in the
admirable job of clearing the snow at the last snow storm.
Mayor Ellison stated that the Horne property was looking good.
He further stated that an ice arena was being proposed in Eagan.
Councilmember Egan had concerns regarding the Council packet for
the meeting and stated that he felt the conditions were becoming
skimpy. Public Works Director Tom Colbert responded that because of
Page 19/EAGAN CITY COUNCIL MEETING MINUTES 00750
March 7, 1989
the recent 3-step process, it eliminated the necessity of many
technical detailed conditions.
WESCOTT GARDEN LOTS CONDEMNATION
Egan moved, McCrea seconded, the motion to settle the Wescott
Garden Lots Condemnation. All voted in favor.
CHECKLISTS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated February 28, 1989 in the amount of $527,288.53; the
checklist dated March 6, 1989 in the amount of $128,278.97; and the
checklist dated March 7, 1989 in the amount of $217,512.26. All voted
in favor.
ADJOURNMENT
The meeting was adjourned at 11:30 p.m.
CITY OF EAGAN
q I %U . t\ so.
E. . VanOverbeke
City Clerk