04/18/1989 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 18, 1989
A regular meeting of the Eagan City Council was held on Tuesaay,
April 18, 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 and City Attorney James Sheldon.
AGENDA
Councilmember Wachter requested the addition to the agenda under
Department Head Business regarding the oak tree located on the Target
property.
Wachter moved, Gustafson seconded, the motion to approve the
agenda as amended. All voted in favor.
MINUTES
April 4. 1989 Councilmember Egan requested a spelling correction
to John Eckblad's name on page 6, paragraph 1.
Wachter moved, Egan seconded, the motion to approve the minutes
for the April 4, 1989, regular Council meeting as amended. Ellison,
Wachter, Egan and Gustafson voted in favor; McCrea abstained.
PUBLIC WORKS DEPARTMENT/PROJECT NO. 562A/WELL NO. 14 - THOMAS LAKE
PARK
RESOLUTION SUPPORTING SITE LOCATION
City Administrator Tom Hedges explained the necessity of the
resolution to the Council. Councilmember Egan questioned if the
property owners had been notified. Public Works Director Tom Colbert
stated that all property owners within 350 feet were notified of the
neighborhood meeting.
Egan moved, Gustafson seconded, the motion to approve a
resolution supporting the site location of Project 562A (Well No. 14
- Thomas Lake Park). All voted in favor.
PUBLIC WORKS DEPARTMENT/GOPHER EAGAN INDUSTRIAL PARK
GRADING PERMIT/EXTENDED HOURS AND DAYS
City Administrator Tom Hedges informed the Council the
contractor was requesting that the hours and days of operation
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April 18, 1989
allowed by the ordinance be extended to allow the work to be
performed 24 hours a day and occasionally on a Sunday. The applicant
was available at the meeting for questions.
Councilmember Wachter questioned what would happen with the
stockpile. Bob Rudy (Shafer Contracting) replied that the material
would be returned to the original hole.
Egan moved, Gustaf son seconded, the motion to approve a variance
to City Code 4.30 for grading permit EX-13-088, Gopher Eagan
Industrial Park, allowing extended hours of operation for a 24 hour
schedule and Sundays as weather dictates. All voted in favor.
TARGET/OAK TREE
Councilmember Wachter reported that the History Committee
,,requested the Council reconsider the matter. City Administrator Tom
Hedges updated the Council on the background of the matter. He statea
that MnDOT recommended that the tree not be removes.
Councilmember Egan stated that MnDOT did not have to approve the
removal of the tree and that Target could negotiate with MnDOT.
Councilmember McCrea commented she would like the motion to be
reconsidered. Mayor Ellison was in agreement and stated he felt the
motion should be rescinded.
Egan moved, McCrea seconded, the motion to rescind the previous
motion and to refer the Target oak tree matter to MnDOT with no
recommendation. All voted in favor.
GOINS FIRE
City Administrator Tom Hedges introduced the matter. He
recommended designating the area as hazardous.
Councilmember McCrea questioned if the interested parties had
been notified. Chief Building Official Doug Reid replied yes and
commented that the fire had occurred in June, 1988. He further stated
that there are other homes that are also in bad shape. McCrea
supported the recommendation and requested staff review the St. Paul
ordinance.
McCrea moved, Wachter seconded, the motion to order repairs or
the removal of the Goins' property at 4010 Mica Trail due to the June
6, 1988, fire. All voted in favor.
Councilmember Egan requested staff draft a supplement to City
Code in regards to homes which are not up to Code.
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April 18, 1989
LAWN CHEMICALS
Councilmember Wachter informed the Council of concerns regarding
lawn chemicals and stated residents should be cautioned regarding the
hazard. He stated he felt the City should acquire more information
regarding the matter.
PARK AND RECREATION DEPARTMENT
Councilmember McCrea stated she felt the Parks Department costs
were well presented by Ken Vraa and she appreciated his effort.
COMPOST SITE
Councilmember Wachter requested another access to the compost
site to improve the circulation.
CONSENT AGENDA
City Administrator Tom Hedges requested that Item C
(Proclamation, City of Eagan Arbor Day) be pulled from the consent
agenda to allow the matter to be discussed.
A. Personnel Items.
1. Land Development/Design Engineer. Councilmember Wachter
questioned if the City needed a new design engineer. Public Works
Director Tom Colbert replied yes, that the City presently has a
full-time consultant. He stated the plans would be reviewed and
requested the matter be continued for two weeks to determine the
final candidate.
It was recommended to continue to the May 2, 1989, City Council
meeting the hiring of a candidate as land development/design engineer
for the City of Eagan.
2. Accountant I. City Administrator Tom Hedges informed the
Council the candidate was Sue Sheridan.
It was recommended to approve the hiring of Sue Sheridan as
Accountant I for the City of Eagan, subject to the successful
completion of the City's physical examination requirement.
3.a. Seasonal Utility Maintenance Worker. The Council was
informed that Bruce Koopmeiners was hired as a seasonal utility
maintenance worker. No Council action was required.
3.b. Seasonal Utility Maintenance Worker. It was recommended to
approve the hiring of Jeffrey Horsman as a seasonal utility
maintenance worker.
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April 18, 1989
4. Seasonal Park Worker. It was recommended to approve the
hiring of the ten seasonal park maintenance workers as presented, the
two seasonal park attendants as presented, the three seasonal ball
field attendants as presented and the two seasonal forestry
technicians as presented for the Park and Recreation Department.
5. Administrative Intern. It was recommended to accept the
resignation of Daniel Mundahl as administrative intern.
B. Plumbers Licenses.
It was recommended to approve the three plumbing licenses as
presented.
C. Proclamation for City of Eagan Arbor Day.
This item to be discussed at the end of the consent agenda.
D. Project 566, Receive Petition/Order Feasibility Report
(Coventry Pass - Trunk utilities).
It was recommended to receive the petition for Project 566
(Coventry Pass - Trunk Utilities) and authorize the preparation of a
feasibility report and detailed plans and specifications.
E. Contract 89-06, Receive Bids/Award Contract (Cliff Road -
Booster Pump).
Councilmember Wachter asked for an explanation of the difference
between the estimate and the final bid. Bob Rosene stated that all
equipment had been furnished by the City.
It was recommended to receive the bids for Contract 89-06 (Cliff
Road - Booster Pump) and award the contract to NW Mechanical as the
lowest responsible bidder, and authorize the mayor and City Clerk to
execute all related documents.
F. Contract 88-28, Receive Bids/Award Contract (Fire Station No.
1 - Parking Lot).
Councilmember Egan commented that the bids in this matter were
also below the estimates.
It was recommended to receive the bids for Contract 88-28 (Fire
Station No. 1 - Parking Lot Improvements) and award the contract to
Munn Blacktop, Inc. as the lowest responsible bidder, and authorize
the Mayor and City Clerk to execute all related documents.
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April 18, 1989
G. Contract 88-34. Receive Bids/Award Contract (Alden Pond -
Streets and Utilities).
It was recommended to receive the bids for Contract 88-34 (Alden
Pond - Streets and Utilities) and award the contract to Fredrickson
Excavating Company, Inc., and authorize the Mayor and City Clerk to
execute all related documents.
H. Project 544. Final Assessment Roll/Order Public Hearing
(Mallard Park - Street Lights).
It was recommended to receive the final assessment roll for
Project 544 (Mallard Park - Street Lights) and schedule a public
hearing to be held on May 15, 1989.
I. Project 523, Receive Final Assessment Roll/Order Public
,Hearing (Stoney Pointe and Blackhawk Ponds - Trunk Water Main).
It was recommended to receive the final assessment roll for
Project 523 (Stoney Pointe and Blackhawk Ponds - Trunk Water Main)
and order the final assessment public hearing to be held on May 15,
1989.
J. Project 515, Receive Final Assessment Roll/Order Public
Hearing (Dodd Road - overlay).
It was recommended to receive the final assessment roll for
Project 515 (Dodd Road - Overlay) and order the public hearing to be
held on May 15, 1989.
K. Project 530, Receive Final Assessment Roll/Order Public
Hearing (Kindercare - Water Main).
It was recommended to receive the final assessment roll for
Project 530 (Kindercare - Water Main) and schedule the final
assessment hearing to be held on May 15, 1989.
L. Approve Final Plat/Alden Ponds.
It was recommended to approve the final plat for Alden Ponds
Addition and authorize the Mayor and City Clerk to execute all
related documents. R-89.18
M. Project 564. Receive Petition/Authorize Feasibility Report
and Detailed Plans (Rahncliff 2nd Addition - Streets and Water Main).
It was recommended to receive the petition for Project 564
(Rahncliff 2nd Addition - Streets and Water Main) and authorize the
preparation of a feasibility report along with detailed plans and
specifications.
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April 18, 1989
N. Project 548. Authorize Feasibility Report and Request for
Proposals (Cliff Road Water Treatment Plant).
It was recommended to authorize the feasibility report for
Project 548 (Cliff Road Water Treatment Plant) and to authorize the
solicitation for requests for proposals from professional consulting
engineering firms for design services.
0. Approve Final Plat. Blackhawk Ridge 2nd Addition.
It was recommended to approve the final plat for the Blackhawk
Ridge 2nd Addition and authorize the Mayor and City Clerk to execute
all related documents. R-89.19
P. Contract 88-24. Approve Change Order No. 1 (Lexington Avenue
Reservoir).
Councilmember Wachter requested clarification in regard to the
matter. Public Works Director Tom Colbert stated that only a change
order was before the Council.
It was recommended to approve Change Order No. 1, Contract 88-24
(Lexington Avenue Reservoir) and authorize the Mayor and City Clerk
to execute all related documents.
Q. Project 562. Receive Report (Well No. 14).
It was recommended to receive the feasibility report for Project
562 (Well No. 14) and authorize the continuation of the project
process.
R. Project 563. Receive Report (Well No. 15)-.
It was recommended to receive the feasibility report for Project
563 (Well No. 15) and authorize the continuation of the project
process.
S. Contract 88-31. Approve Change Order No. 1 (Well No. 12 -
Completion Date).
Councilmember Wachter asked if there would be any additional
charges. Public Works Director Tom Colbert replied yes there would be
additional charges for blasting and bailing.
It was recommended to approve Change Order No. 1, Contract
88-31, (Well No. 12 - Completion Date) and authorize the Mayor and
City Clerk to execute all related documents.
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April 18, 1989
T. Contract 87-14. Final Payment/Acceptance (Country Hollow
Sanitary Sewer Lift Station Equipment) .
It was recommended to approve the second and final payment for
Contract 87-14 (Country Hollow - Sanitary Sewer Lift Station
Equipment) to Smith & Loveless, Inc. and accept the facilities for
perpetual City maintenance and operation.
U. Contract 87-12. Final Payment/Acceptance (Lexington Square
6th Addition - Streets and utilities).
It was recommended to authorize the seventh and final payment
for Contract 87-12 (Lexington Square 6th Addition - Streets and
Utilities) to Richard Knutson, Inc. and authorize the acceptance of
the improvements for perpetual City maintenance.
V. Contract 87-17. Blackhawk Road/Streets.
It was recommended to authorize the ninth and final payment for
Contract 87-17 (Blackhawk Road - Streets) to Preferred Paving, Inc.
and authorize the acceptance of the improvements for perpetual City
maintenance.
W. Contract 87-41. Final Payment/Acceptance (St. Francis Woods
6th Addition - Streets and Utilities).
It was recommended to authorize the seventh and final payment
for Contract 87-41 (St. Francis Woods 6th Addition - Streets and
Utilities) to F. M. Frattalone and authorize the acceptance of the
improvements for perpetual City maintenance.
X. Contract 88-19. Final Payment/Acceptance (Well No. 5 -
Removal and Repair) .
Councilmember Wachter questioned if the water needed to be
tested after the repair. Public Works Director Tom Colbert statea
that the water had been tested after the repair.
It was recommended to authorize the second and final payment for
Contract 88-19 (Well No. 5 - Removal and Repair) to Mark Traut Wells,
Inc. and authorize the acceptance of the improvements for perpetual
City maintenance.
Y. Project 567, Receive Petition/Authorize Preparation of
Feasibility Report (Effress Addition - Storm Sewer).
It was recommended to receive the petition for Project 567
(Effress Addition - Storm Sewer) and authorize the preparation of a
feasibility report.
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April 18, 1989
C. Proclamation. City of Eagan Arbor Day.
Parks and Recreation Director Ken Vraa introduced the item. He
recognized Mr. Iverson.
Eric Iverson, President of First Bank Eagan, presented
sweatshirts to the Councilmembers. He elaborated on the park programs
and stated that posters would be distributed. Mayor Ellison thanked
First Bank Eagan and Mr. Iverson.
It was recommended to approve the resolution entitled "Eagan
Arbor Festivities" proclaiming Saturday, April 29, 1989, as Arbor
Day.
Gustafson moved, McCrea seconded, the motion to approve the
foregoing consent agenda items as presented, and authorize their
"implementation. All voted in favor.
PROJECT 487R, FINAL ASSESSMENT ROLL (BRAUN COURT - STREETS AND
UTILITIES)
City Administrator Tom Hedges provided background information
for the Council. Public Works Director Tom Colbert explained the
assessment calculations and discussed the meetings with the neighbors
and their objections. Be stated there were three areas of overrun -
1. storm sewer addition as field design change; 2. poor subgrade
materials; and 3. overhead. Be presented an alternate assessment
roll. Be stated the final costs would be reduced by $10,000.00 and
that the overrun would now be at $9,000.00 with the reduction. He
informed the Council there were still two objecting owners. Be stated
that if the alternative assessment were challenged, he would prefer
defending assessment version number one.
Councilmember Wachter commented that the street was settling and
asked if repairs would be made. Mr. Colbert stated yes and outlined
the corrections.
Henry Braun objected to the assessments and stated he felt the
job was poorly done. Be stated he felt there were engineering
problems and that no extra grading had been done on the road. Be
informed the Council he was available for questions.
Public Works Director Tom Colbert questioned the calculations.
Mr. Braun reiterated his objections.
Councilmember McCrea questioned if the City received what it
paid for. Jerry Bourdon responded that the contract was awarded to
the lowest bidder. Be felt the costs were comparable and fair and
stated that they do measure quantity. There was much discussion
regarding the project by Mr. Braun.
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April 18, 1989
Councilmember Wachter had concerns regarding the blacktop. Mr.
Bourdon responded regarding his concerns. Councilmember Egan
questioned what percent was lost by splitting off. Mr. Bourdon
replied about 2%. Councilmember Wachter questioned if there would be
any problems with dangers from cave-ins. Mr. Bourdon replied no.
Councilmember McCrea asked if the contractor was still the lowest
bidder with the cost overruns. Mr. Colbert replied yes.
Leonard Walz commented that the agreement was legally binding.
He felt the cement was too expensive. He further commented that the
depression in the tar was dangerous and he had concerns regarding
other construction problems.
Wayne Cordes commented he thought the contract limited the
costs. He remarked that nobody explained the overrun possibility and
felt that the overhead should be reduced further.
Mayor Ellison asked if the work had been done well and if the
changes would be made without cost. Mr. Colbert replied that the
corrections would be made at no cost. Councilmember Egan stressed
that he was unhappy with the procedures and the mistakes. He felt the
project should not have been split off. He pointed out that the City
had made a very reasonable evaluation of the cost distribution. He
felt that all of the taxpayers should not be made to assume all of
the costs.
Councilmember Wachter emphasized that the road was in bad shape
and he commented he understood the neighbors' concerns.
Public Works Director Tom Colbert reported that $1,500.00 of the
$10,000.00 was from the engineering firm.
Egan moved, Gustafson seconded, the motion to close the public
hearing and reduce by $10,000.00 the final assessment roll for
Project 487R (Braun Court - Streets and Utilities) and authorize its
certification to the County for collection.
Mayor Ellison questioned if the Council should recommend
Assessment No. 1 or Assessment No. 2. City Attorney James Sheldon
informed the Council that their determination should not be made
under threat of legal action but on the basis of benefit only. Mr.
Colbert explained the rationale and also the options.
Mayor Ellison stated he preferred the original assessment roll
without modification.
Councilmember Egan commented that the City should assume their
portion of the costs and felt that the net result of the original
assessment roll would be detrimental.
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April 18, 1989
Ellison moved, McCrea seconded, the motion to amend the previous
motion to approve the final assessment roll as presented for Project
487R (Braun Court - Streets and Utilities) and authorize its
certification to the County for collection. McCrea and Ellison voted
in favor; Wachter, Gustafson and Egan voted against.
On the motion by Egan, seconded by Gustafson, to close the
public hearing and reduce by $10,000.00 the final assessment roll for
Project 487R (Braun Court - Streets and Utilities) and authorize its
certification to the County for collection. Ellison, Wachter,
Gustafson and Egan voted in favor; McCrea voted against.
VACATE PUBLIC ACCESS EASEMENTS
OUTLOT A - EAGAN WOODS OFFICE PARK
City Administrator Tom Hedges reviewed the matter for the
,,Council.
Wachter moved, Gustafson seconded, the motion to close the
public hearing and approve the vacation of a public access easement
within Outlot A of Eagan Woods Office Park. All voted in favor.
SPECIAL ASSESSMENTS/PIETRAN PROPERTIES/SILVER BELL CENTER
City Administrator Tom Hedges presented the background
information to the Council regarding the matter.
Dale Ahlquist (representative for applicant) objected to the
financial obligation condition. He stated that no mention of the
condition was previously made. He further stated he understood it was
a mistake from the 1970 project and he felt the assessment was
unfair. He commented that the applicant would receive no benefit from
the storm sewer. He commented that he was confused and the applicant
was opposed to the assessment.
City Administrator Tom Hedges explained the assessment policy
and commented that staff was currently reviewing the policy.
Councilmember Egan reported that the report did not indicate if
the landowners received notice of the original assessment, had an
opportunity to be heard or other input. Public Works Director Tom
Colbert replied that either the assessment was not at the correct
rate or the size was under-estimated. He further explained the
procedure.
McCrea moved, Egan seconded, the motion to deny an additional
condition to the Metram Properties Company motor fuel sales
conditional use permit requiring a financial obligation of $10,611.00
for storm sewer trunk, which had previously been assessed
incorrectly. All voted in favor.
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April 18, 1989
Councilmember Gustafson remarked that the City should not
collect these assessments as a condition. Mayor Ellison commented he
felt staff should be more judicious in what they bring to the
Council.
EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR
Egan moved, Wachter seconded, the motion to continue the matter
until later in the meeting. All voted in favor.
DANIEL DRIVE AND LEXINGTON POINTE PARKWAY
RECONSIDER ALIGNMENT OF TRAILWAY
City Administrator Tom Hedges introduced the matter.
David Ashton (representative for the neighborhood) gave a brief
history of the area. He stated that the bike trail intersected
driveways and he had safety concerns. He further commented that the
neighborhood had changed and pointed out that across the street there
were no driveways.
Councilmember Gustafson questioned if the alternative was to
place the bikes on the street. Councilmember McCrea questioned the
ownership of the land to the north. Public Works Director Tom Colbert
stated it was BUD property and would be sold. Mr. Colbert pointed out
the area to the Council. McCrea shared Gustafson's concerns ana
commented she did not want the bikes in the streets. She questionea
if the trail could be located on the other side of the street. Mr.
Colbert replied there were less driveways on the other side but that
the front yards would give more benefit. Councilmember Egan
questioned if there were any engineering problems with the other side
of the street. Mr. Colbert stated he did not believe so but he would
check into the matter.
Councilmember Wachter announced he would still have safety
concerns even if the trail were moved to the other side of the
street. Councilmember Gustafson questioned if safety was the only
issue and asked if the neighbors had concerns regarding aesthetics.
Mr. Ashton stated he felt it was a factor but not a primary one.
Mayor Ellison asked for a show of hands of the neighbors. Mr.
Ashton stated there would be three "no's" on the other side of the
street.
Councilmember Gustafson requested the staff review the matter
and suggested looking into moving the trail to the other side of the
street for aesthetic and safety reasons.
Gustafson moved, McCrea seconded, the motion to continue to the
May 15, 1989, City Council meeting the alignment to the trailway
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April 18, 1989
along Lexington Pointe Parkway and Daniel Drive, to allow staff to
further review the matter. All voted in favor.
Councilmember Egan questioned if in rezoning there had been a
change of criteria for trails. City Planner Jim Sturm replied no.
Egan questioned who would pay the costs. City Administrator Tom
Hedges stated that the developer would probably pay the costs. Mayor
Ellison pointed out that the master trail plan should be
interconnected and further commented that the plan was in effect
before the homes were built. Councilmember McCrea requested that the
Park and Recreation Department examine the placement of the
trailways.
DECLARE SURPLUS PROPERTY/SET AUCTION DATE
City Administrator Tom Hedges introduced the matter and
,distributed a list of additional surplus property to the Council.
Wachter moved, Egan seconded, the motion to approve the
declaration of certain City property and police evidence as surplus
and authorized the sale and auction on June 3, 1989; with the
exception of those items that will be sold through a published ad in
the League of Minnesota Cities magazine. All voted in favor.
VARIANCE/WARFIELD/FRONT YARD SETBACK
City Planner Jim Sturm summarized the application for the
Council. Denise Warfield was available for questions.
Councilmember Egan stated he saw no justification for the
variance as the garage would be ten feet in front and that the house
could fit on the lot. Mayor Ellison commented that there was a neea
for a hardship to approve a variance. Councilmember Gustafson asked
why the adjoining lot had received a variance. City Planner Jim Sturm
responded it was because of the slopes.
Egan moved, McCrea seconded, the motion to deny the ten foot
variance to the 30 foot front yard setback to allow the construction
of a home and attached garage in Lot 4, Block 2, LeMay Lake Hills
Addition as applied for by Bobby and Denise Warfield. All voted in
favor.
PRELIMINARY PLAT/KINGSWOOD 3RD ADDITION
City Administrator Tom Hedges updated the Council regarding the
matter and stated that the Advisory Planning Commission recommended
approval of the preliminary plat and the variance. City Planner Jim
Sturm recommended elimination of the possibility of the outlots
becoming tax forfeitures.
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April 18, 1989
Rolly Crawford (attorney for developer) explained the
development to the Council and stated that the variance was for the
cul-de-sac because of the ponding area. He agreed to all APC
conditions. He pointed out that only two issues remained - 1.
treatment of the Hank Bruestle (adjoining landowner) assessment; and
2. the outlot problem. In regards to number 1., Mr. Crawford stated
that he felt the cost of the road should be distributed to the
benefited property; however, that Mr. Horne would assume the cost of
the entire roadway with a covenant denying access unless Mr. Borne
was reimbursed. In regards to number 2., Mr. Crawford stated that all
outlots should be put into the Homeowners' Association control. He
pointed out that there would be minimal or no maintenance needed. He
informed the Council he was available for their questions.
Councilmember Wachter had questions regarding the location of
the northern lots. Mayor Ellison questioned the past practice. Public
,,Works Director Tom Colbert stated that the roadway must be available
before the development could proceed. Mr. Crawford commented that the
City would not be liable if the permit wasn't granted. City Attorney
Jim Sheldon stated that the agreement should not involve the City.
Mr. Crawford mentioned that the developer did not want to pay 100%
without covenants.
Hank Bruestle reported that he had no problem with the covenant
agreement. He had concerns regarding the retaining wall. He felt it
was a good plan but requested a safety rail.
Councilmember Egan questioned the City's position on the road
connection. Mr. Colbert stated it was totally a local street.
Mayor Ellison had concerns regarding the outlots. Mr. Crawford
again recommended control by the Homeowners' Association. He observed
that even if the land was forfeited, it would not be a major
liability for the City. He commented that to attach the outlot to a
single lot would make it unsalable. Mr. Colbert pointed out that
outlots on cul-de-sacs could be right-of-ways. He stated that if they
were not maintained, the City could remove the outlots and blacktop.
City Planner Jim Sturm recommended bringing the street up to the
MnDOT property line. Mr. Crawford pointed out that the present layout
allowed the grading and planting. He stated the developer was willing
to work with staff and was also willing to have a condition that the
preliminary plat approval be subject to the outlot resolution.
Mr. Sheldon informed the Council that the outlot problem could
be attached and at a later time amended by negotiation. Councilmember
Egan agreed and stated he felt the cul-de-sac islands should be a
right-of-way.
Egan moved, McCrea seconded, the motion to approve a preliminary
plat consisting of forty-six single family lots on 28.0 acres locateq
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April 18, 1989
along the west side of Pilot Knob Road in the southeast quarter of
Section 16 and the northeast quarter of Section 21, as requested by
Horne Development, subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, Bl,
B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl and G1.
2. The outlot adjoining 35E shall be attached to the adjoining
lots and potential tax forfeiture issues shall be resolved prior to
the final plat submission concerning the outlots and cul-de-sac
islands shall be included as right-of-way.
3. The development will be required to submit detailed plans and
specifications for the proposed retaining walls (including a safety
railing) construction for staff's review and approval.
4. All slope areas are required to be 3-1 or less.
All voted in favor.
McCrea moved, Gustafson seconded, the motion to approve a
variance to the 500 foot requirement for a cul-de-sac in regard to
the Kingswood 3rd Addition, as requested by Horne Development. All
voted in favor.
SEE PLAT FILE
PRELIMINARY PLAT/EAGAN CENTER 3RD ADDITION
City Administrator Tom Hedges briefed the Council on the matter.
Randy Peterson (New Horizon) and John Camp (Tri-Land) attended
the meeting and were available for questions.
Councilmember Egan expressed concern regarding the large outlot.
Brad Swenson replied that the platting was for bookkeeping purposes.
Egan asked why there was not a larger development. Mr. Swenson stated
they were following the overall plan. Public Works Director Tom
Colbert questioned the need for two outlots. Mr. Swenson replied they
were setting up boundaries for the church.
Councilmember Egan requested an interpretation of the CSC
ordinance. He wondered if each addition was considered separately to
meet the 20,000.00 square foot minimum for first phase development.
City Attorney Jim Sheldon responded that if two of the criteria of
the ordinance were met, the development was ok.
Gustafson moved, Wachter seconded, the motion to approve a
preliminary plat for Eagan Center 3rd Addition consisting of one lot
and three outlots on 32.21 Planned Development - Community Shopping
Center zoned acres located along the east side of Lexington Avenue,
south of Kensington Trail (extended) in the northeast quarter of
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April 18, 1989
Section 26, as requested by Tri-Land Partnership, subject to the
following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al,
B1, B2 F B3, Cl, C2 F C3 p C4 F C5 F Dl, El, Fl, and G1.
2. No parking on Lexington Avenue or Lexington Pointe Parkway
shall be permitted.
3. The development is required to provide sewer and water
service to the northerly adjacent property.
4. The development is required to provide a black chainlink
fence or other limited visibility fencing.
5. The parcel is within the Lexington South Planned Development
and subject to a cash obligation according to a subsequent Planned
Development Agreement.
6. The development is responsible for the placement of a six
foot concrete sidewalk along Lexington Pointe Parkway and an eight
bituminous trail along Lexington Avenue.
All voted in favor.
Gustafson moved, Wachter seconded, the motion to approve a
conditional use permit for a daycare facility in a Community Shopping
Center district in Eagan Center 3rd Addition, located along the east
side of Lexington Avenue, south of Kensington Trail (extended) in the
northwest quarter of Section 26, as requested by Tri-Land
Partnership. All voted in favor.
SEE PLAT FILE
EAGAN/MENDOTA HEIGHTS AIR TRAFFIC CORRIDOR
City Administrator Tom Hedges summarized the matter for the
Council.
Walter Rockenstein presented his recommendation and alternatives
for a resolution of the issue. He distributed a handout and
introduced the airport personnel and MAC staff. He summarized the
following items:
1. FAA procedures for runways;
2. Alternatives to the present flight paths;
3. Diagram of what a controller views;
4. How controllers control the air space;
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
5. Separation criteria for runways;
6. Review of actual flight tracts; and
7. The four alternatives (which he presented and detailed).
Bill Skarre asked how the center point related to the commercial
corridor. Mr. Rockenstein explained the commercial corridor.
Doug Powers (Air Traffic Manager) explained the rationale for
various runway headings. He pointed out that the wino had been taken
into consideration.
Mayor Ellison commented he felt the only option was the one in
the middle. Mr. Rockenstein reported that the FAA would not accept
.any of the alternatives. Mayor Ellison suggested a workshop to
discuss the alternative. City Administrator Tom Hedges pointed out
that the Eagan Land Use was important and that the Met Council should
be involved in the alternatives. Mr. Hohenstein stated that the
solution should deal with the Met Council contours. He further
reviewed the history of the situation. Mayor Ellison thanked Mr.
Rockenstein for attending the meeting and presenting the matter to
the Council.
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/
CONDITIONAL USE PERMIT - SODERHOLM ADDITION
AND
CITY OF EAGAN/LEXINGTON SOUTH PLANNED DEVELOPMENT/
SOUTHWEST QUARTER OF SECTION 23
City Administrator Tom Hedges reviewed the background
information and explained the reasons for the resubmittal of the
plan.
Dale Reines (developer) recapped the changes for the Council. He
presented the petition to the Council and stated that the development
had the neighborhood support. Be described the access and commented
there was not opposition to the access onto Diffley.
City Planner Jim Sturm pointed out that there was full access at
the present time, but it would be a right-in/right-out in the future.
Councilmember McCrea asked for the traffic count figures. Ray
Connolly replied there would be between 12,000 and 14,000 when the
area was fully developed.
Mr. Reines stated there were two legal accesses at the present
time and that two would be closed, which would provide for one access
in a better location. He reported that the County had already
approved the matter. McCrea questioned eliminating the Diffley
access. The developer commented that the proposed uses could not
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
sufficiently be serviced. Be stated the traffic was quite light.
McCrea questioned if the traffic circulation would work without the
Diffley access. City Planner Jim Sturm stated yes. Mayor Ellison
asked why the internal access did not connect across. The developer
commented that it was planned for in phase two. Be further stated
that the cut on Diffley was crucial for the bank and that Soderholm
favored connecting Lexington and Lexington Way. Councilmember Egan
questioned why the buildings should be connected. The developer
commented it would improve the flow of traffic and the parking
situation. Be informed the Council they had worked hard with the
consulting engineer.
Councilmember Gustafson asked the developer what agreement was
reached with the County. The developer replied that the County agreed
with the Diffley cut. Gustafson pointed out that since the County
Board approved the plan, he was leaning toward agreeing with the
County. Councilmember Egan disagreed and stated that just because the
residential use has an access, it doesn't mean the same for this
development. Councilmember McCrea asked if the neighbors favored
townhomes. The developer replied no. Councilmember Wachter commentea
he did not see a reason to change the Comprehensive Guide Plan. Mayor
Ellison stated that the parcel would not work well with multiple
dwellings and pointed out that Limited Business was lower density.
Councilmember Gustafson agreed.
Councilmember Egan stated the Council should not consider the
matter without a major change and that the Advisory Planning
Commission should have pointed it out. Be felt the area has an excess
of retail business and that most of the site had undesignated Limited
Business. Be pointed out that the Comprehensive Guide Plan showed
Single Family. Be was opposed to a change and stated that the access
problems continue. Be suggested that the reasons for the denial had
not changed.
City Attorney Jim Sheldon explained that staff should prepare a
resolution stating the reasons for the denial.
Egan moved, Wachter seconded, the motion to deny a Comprehensive
Guide Plan Amendment from D-I to Limited Business for the following
reasons:
1. There was no material change from the last proposal.
2. The Laventhol & Horwath retail study shows an excess of
retail land in this particular node (node 3). An example is the
retail land across the street which is properly zoned but not
developing.
3. Limited Business is said to be an obsolete zoning use by the
developers. Has been a difficult classification to deal with. This
development shows large tracts of undesignated Limited Business.
Page 18/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
4. The Comprehensive Guide Plan shows D-I uses as a recent
designation and should not change to Commercial. The Coucil has
adopted a policy to rezone multi residential lots downward to single
family whenever possible and not upward to a more intensive use.
5. There are continuing access problems onto Diffley and
Lexington. The proposed accesses do not meet County standards.
McCrea, Wachter, and Egan voted in favor; Ellison and Gustafson
voted against.
Egan moved, Wachter seconded, the motion to refer back to the
Advisory Planning Commission for further consideration the
Comprehensive Guide Plan Amendment and rezoning of 1.5 Multiple acres
within the Lexington South Planned Development to Limited Business,
located north of Diffley Road and along the west side of Lexington
Avenue in the southwest quarter of Section 23. Wachter, Ellison and
Egan voted in favor; McCrea and Gustafson voted against.
Councilmember McCrea pointed out she felt it was a good site for
townhomes.
PRELIMINARY PLAT/EAGAN WOODS OFFICE PARK II
City Planner Jim Sturm introduced the matter to the Council and
pointed out that a 60 foot roadway would be required. He suggested
the addition of a proposed condition stating that the developer was
required to provide the City with a recordable document regarding the
parking.
Linda Fisher (attorney) reviewed the staff report and concurred
with all of the conditions by the staff and the Advisory Planning
Commission. She informed the Council she was available for questions.
City Attorney Jim Sheldon requested a correction to proposed
condition number 10 in which it should state that any development of
the outlot must be reviewed by the Advisory Planning Commission and
approved by the City Council prior to development.
McCrea moved, Gustafson seconded, the motion to approve a
preliminary plat consisting of one lot for one office building and an
outlot for future development on 25.9 Planned Development district
acres and a variance for the building setback, located in the
southwest corner of Pilot Knob Road and 1-494 in the northeast
quarter of Section 4, as requested by Trammel Crowe Company for the
Eagan Woods Office Park II, subject to the following conditions:
1. These 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, C3, C4 r C5, Dl, El, Fl, and G1.
Page 19/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
2. All conditions within the Eagan Woods Planned Development
shall be adhered to.
3. 209 parking stalls shall be provided. If a shortage does
occur, additional parking will be created on adjacent property.
4. All trash shall be contained within the building.
5. Rooftop mechanical equipment shall not be visible from 1-494
or Pilot Knob Road.
6. The building setback variance shall be approved as per the
site plan.
7. Accoustical treatment shall be provided within the building
in order to minimize any noise impacts from planes overhead or
traffic along 1-494 and Pilot Knob Road.
8. The developer is required to submit detail plans and
specifications of the proposed retaining wall construction as a part
of the site plan review for staff review and approval.
9. The development is required to install street lighting.
10. Any development of the outlot must be reviewed by the
Advisory Planning Commission and approved by the City Council prior
to development.
All voted in favor. SEE PLAT FILE
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/
CONDITIONAL USE PERMIT - RASMUSSEN COLLEGE SYSTEM
City Administrator Tom Hedges briefed the Council regarding the
matter and stated that the Advisory Planning Commission recommended
approval of all four applications.
Bob Nimitz (Rasmussen representative) was present at the meeting
and available for questions.
Councilmember McCrea questioned if there was a sufficient amount
of parking stalls. Mr. Nimitz responded there was sufficient parking
stalls. McCrea requested the demographics of the students and asked
if greenery could be added to the lot. Mr. Nimitz stated that they
have not had any litter problems and pointed out that there was
substantial landscaping in the plans. McCrea questioned if other
sites for the College had been examined. The developer stated yes.
Councilmember Egan questioned the amount of the required parking.
City Planner Jim Sturm replied about 160. Mayor Ellison asked if the
Page 20/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
developer had any desire for expansion. The developer commented no,
that 300 was the maximum.
City Planner Jim Sturm reported to the Council that the
cross-easement would be required with Outlot A because of the lining
up of the access with apartments to the west. Be stated there was a
need for flexibility.
McCrea moved, Gustafson seconded, the motion to approve a
Comprehensive Guide Plan amendment changing the land use designation
from D-III (Mixed Residential, 6-12 units per acre) to LB (Limited
Business), for the Rasmussen College Campus. All voted in favor.
McCrea moved, Wachter seconded, the motion to approve the
rezoning of 8.52 R-4 (Multiple Residential) acres to an LB (Limited
Business) district for the Rasmussen College Campus. All voted in
favor.
McCrea moved, Wachter seconded, the motion to approve a
preliminary plat consisting of one lot and one outlot located along
the east side of Federal Drive, south of Washington Drive, in the
northeast quarter of Section 16, as requested by Rasmussen College
System for the Rasmussen College Campus, subject to the following
conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, Cl, C2, C4, Dl, El, Fl, and G1.
2. The City will require a cross-easement with Outlot A.
3. The mechanical equipment shall not be visible from the
street.
4. The trash enclosure shall consist of the same material as the
building.
5. The ground sign shall meet all Code size and height
requirements and all signage shall be subject to the one time sign
fee of $2.50 per square foot.
6. The development is required to submit detailed plans and
specifications for the proposed retaining wall construction for City
staff review and approval as a part of the technical plat review.
7. Slope easements are required from adjacent properties where
grading extends beyond the development boundaries.
8. Entrance to the site is required to be opposite the existing
entrance on the west side of Federal Drive.
Page 21/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
9. The development is required to provide irrigation for the
landscaping.
All voted in favor.
McCrea moved, Egan seconded, the motion to approve a conditional
use permit to allow a private school in a Limited Business district
located along the east side of Federal Drive, south of Washington
Drive, in the northeast quarter of Section 16, as requested by
Rasmussen College System for the Rasmussen College Campus. All voted
in favor.
R-89.20
DNR CITIZEN TASK FORCE
Councilmember Wachter informed the Council that Orville
McCullough was also interested to serve as a member of the task
force.
Wachter moved, Egan seconded, the motion to designate Orville
McCullough to serve on the DNR task force to evaluate and develop a
long range deer management program for the Fort Snelling State Park,
Minnesota Valley National Wildlife Refuge and adjacent deer
concentration areas. All voted in favor.
Councilmember McCrea stated she felt a notice should be placed
in the newspapers. Councilmember Egan stated the matter should return
before the Council in the future.
FINAL PLAT/BLUE RIDGE 2ND ADDITION
Egan moved, Gustafson seconded, the motion to continue
indefinitely the Blue Ridge 2nd Addition final plat. All voted in
favor.
HISTORY COMMITTEE/OLD TOWN HALL/RELOCATION AND RENOVATION
Wachter moved, Gustafson seconded, the motion to approve the
recommendation of the History Committee as it relates to the
relocation and future restoration of the old town hall building. All
voted in favor.
CLEAN UP DAY/MAY 6, 1989
McCrea moved, Wachter seconded, the motion to designate May 6,
1989, as clean up day in the City of Eagan. All voted in favor.
City Administrator Tom Hedges informed the Council that the
builders needed self-contained material containers.
Page 22/EAGAN CITY COUNCIL MEETING MINUTES
April 18, 1989
DEPARTMENT OF PUBLIC WORKS/WATER USE RESTRICTIONS
Public Works Director Tom Colbert introduced the matter to the
Council. He questioned if the ban should be City wide or only City
water. He recommended exceptions for new sod and landscaping. He
reported that a City wide ban was easier to enforce.
Egan moved, Wachter seconded, the motion to approve a water use
restriction for odd/even days during the months of June, July and
August, 1989, excluding private wells. All voted in favor.
COUNCIL DISCUSSION
Mayor Ellison requested an update regarding the wood pile in
Vienna Lane. City Planner Jim Sturm updated the Council.
Councilmember McCrea requested an update regarding insurance.
City Administrator Tom Hedges updated the matter.
CHECKLISTS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated March 31, 1989, in the amount of $2,036,954.91 and
the checklist dated April 18, 1989, in the amount of $921,574.12. All
voted in favor.
ADJOURNMENT
Upon motion duly made by Egan, seconded by Wachter, the meeting
was adjourned at 12:00 a. m. All voted in favor.
CITY OF EAGAN
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E. T. VanOverbeke, City Clerk