11/01/1988 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 1, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
November 1, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson
and McCrea. Also present were City Administrator Tom Hedges, City
Engineer Tom Colbert, Community Development Director Dale Runkle, and
City Attorney James Sheldon.
AGENDA
Item F. under New Business (Roseagan Addition) was continued
until the November 15, 1988, meeting. Item E under New Business
(Linville Properties, Inc. - Conditional Use Permit) was sent back to
the Planning Commission.
Gustafson moved, Egan seconded, the motion to approve the agenda
as amended. All voted in favor.
MINUTES
October 18, 1988. Councilmember Egan requested changes on page
8, paragraph 4, the last sentence should read "Councilmember
Gustafson remarked that he felt it was a good use of the land and
preferred it over the R-3 zoning." He also requested a deletion on
page 12, paragraph 7, of "3.2"; and page 13, last paragraph, should
read "Gustafson, Wachter, and McCrea voted in favor; Ellison and Egan
voted against."
Tom Colbert requested a change on page 16, paragraph 8, the
deletion of "Mr. Colbert's" and the replacement with "the
Committee's".
Egan moved, Wachter seconded, the motion to approve the minutes
for the October 18, 1988, regular meeting as amended. All voted in
favor.
October 11, 1988. Councilmember Egan stated the minutes should
reflect that Councilmembers were present at the meeting and who
participated in the interviews.
Egan moved, Wachter seconded, the motion to approve the minutes
for the October 11, 1988, special meeting as amended. All voted in
favor.
Page 2/EAGAN CITY COUNCIL MEETING MINUTES
November 1, 1988
October 12, 1988.
Wachter moved, Gustafson seconded, the motion to approve the
minutes for the October 12, 1988, special meeting as presented. All
voted in favor.
TAX ABATEMENT/DAKOTA COUNTY ASSESSOR'S OFFICE
City Administrator Tom Hedges informed the Council that Bill
Peterson, who represented the Dakota County Assessor's Office, had
presented a request for a tax abatement for Joseph Licha, as
approximately one/half acre of land was lost to the highway taking in
1985.
Councilmember Egan requested clarification regarding the amount
and the rationale for the reduction. Mr. Hedges explained the matter
to the Council and stated it was a small amount which was requested
by the County.
Egan moved, Gustafson seconded, the motion to approve the tax
abatement as presented by the Dakota County Assessor's Office for
Joseph Licha. All voted in favor.
FISHING PIER/FISH LAKE/AGREEMENT
City Administrator Tom Hedges introduced the item and outlined
the staff report.
Councilmember McCrea had several questions regarding the cost to
the City, available funds for the project, the maintenance cost, and
staff requirements. Mr. Hedges responded to her questions and stated
the City would maintain the project. McCrea stated she was concerned
about the amount of the cost the City was accumulating and would like
a projection of on-going costs. Mr. Hedges stated staff would prepare
the report. McCrea questioned if the pier was year-round. Mr. Hedges
stated the pier would be used year-round.
Wachter moved, Gustafson seconded, the motion to authorize the
Mayor and City Clerk to enter into a cooperative agreement with the
Minnesota Department of Natural Resources for the installation and
operation of a fishing pier on Fish Lake under the terms and
conditions of the CORE Agreement. All voted in favor.
Councilmember Wachter stated he also was concerned with the park
costs.
DEPARTMENT HEAD BUSINESS
Chief Southorn updated the Council on the dedication of the
training center.
Page 3/EAGAN CITY COUNCIL MEETING MINUTES--_.,'
November 1, 1988
Councilmember Wachter stated he felt there was excessive parking
in front of the Post Office.
City Administrator Tom Hedges introduced the new administrative
intern.
CONSENT AGENDA
Item A. Personnel Items.
1. Combination Building Inspector. This matter was continued
until the November 15, 1988, meeting.
2. Street Supervisor. It was recommended to accept the
resignation of Lance Lundsten and authorize the advertisement for a
replacement for the position of street supervisor at the City of
Eagan.
Item B. Policy, Affirmative Action.
It was recommended to approve the City of Eagan's Affirmative
Action Plan and authorize it's submission to the Minnesota Department
of Human Rights.
Item C. Plumbers Licenses.
It was recommended to approve the plumbers licenses for Benke
Company; College City Mechanical; Crown Plumbing; H&H Plumbing; Seitz
Brothers, Inc.; and Summit Plumbing & Heating.
Item D. Contract 88-23, Approve Change Order No. 2 (Cliff Lake
Centre - Streets).
It was recommended to approve Change Order No. 2 (add $8,395.00)
to Contract 88-23 (Cliff Lake Centre - Streets) and authorize the
Mayor and City Clerk to execute all related documents.
Item E. Approve Final Plat, Woodlands 2nd Addition.
It was recommended to approve the final plat for the Woodlands
2nd Addition and authorize the Mayor and City Clerk to execute all
related documents. R-88.84
Item F. Contract 88-24. Receive Bids/Award Contract (Lexington
Avenue Reservoir).
It was recommended to receive the bids for Contract 88-24
(Lexington Avenue Reservoir) and continue consideration of contract
award until January 17, 1989, and to encourage the City Attorney's
Office to expedite the acquisition of the property.
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November 1, 1988
Item G. Receive Bids/Award Sale of Street Division Vehicles.
It was recommended to approve the sale of four surplus City
vehicles to Johnson Motor Sales.
Item H. Receive Bids/Award Sale of Police Department Vehicle No.
16 and Engineering Division Vehicle No. 103.
It was recommended to approve the sale of two surplus City
vehicles to Metro Auto and Suburban Auto.
Item I. Contract 87-11, Final Payment/Acceptance (Greensboro 2nd
Addition - Streets and Utilities).
It was recommended to approve the sixth and final payment for
Contract 87-11 (Greensboro 2nd Addition - Streets and Utilities) in
the amount of $9,184.73 to G.L. Contracting, Inc. and authorize the
acceptance of improvements for perpetual City maintenance.
Item J. Contract 85-JJ, Final Acceptance (Norwest 2nd Addition -
utilities).
It was recommended to approve Contract 85-JJ (Norwest 2nd
Addition - Utilities) for perpetual maintenance.
Item K. Contract 87-A, Final Acceptance (Lexington Square 5th &
7th Additions - Utilities) .
It was recommended to approve Contract 87-A (Lexington Square
5th & 7th Additions) for perpetual maintenance.
Item L. Contract 87-C, Final Acceptance (Lone Oak 2nd Addition -
Utilities).
It was recommended to approve Contract 87-C (Lone Oak 2nd
Addition - Utilities) for perpetual maintenance.
Item M. Contract 88-28, Approve Plan/Authorize Ad for Bids (Fire
Stations No. 1, No. 2. and No. 3 - Parking Lots).
It was recommended to approve the plans and specifications for
Contract 88-28 (Fire Stations No. 1, No. 2, and No.3 - Parking Lot
Improvements) and authorize the advertisement for a bid opening to be
held at 10:30 a.m., Thursday, December 1, 1988.
Item N. Vacate Drainage and Utility Easement. Receive
Petition/Order Public Hearing (Galaxie Cliff Plaza).
It was recommended to receive the petition to vacate the
drainage and utility easement within the proposed Galaxie Cliff Plaza
Page 5/EAGAN CITY COUNCIL MEETING MINUTES rc~'
November 1, 1988
Addition and schedule a formal public hearing to be held on December
6, 1988.
Item 0. Vacate Public Right-of-Way and Drainage/Utility
Easements. Sunwood Court and Sunrise Hills Addition.
It was recommended to receive the petition to vacate the public
right-of-way for Sunwood Court and drainage/utility easements within
a portion of Sunrise Hills Addition and schedule a public hearing to
be held on December 6, 1988.
Wachter moved, McCrea seconded, the motion to approve the
foregoing consent agenda items and authorize their implementation.
All voted in favor.
VACATE PUBLIC RIGHT-OF-WAY/SAFARI PASS
Public Works Director Tom Colbert informed the Council that a
petition had been received to consider the vacation of a portion of
the public right-of-way for Safari Pass. He stated the excessive
public right-of-way was acquired by MnDOT as a part of the
I-35E/Cedar Avenue freeway construction and subsequently was turned
back to the City. All notices had been published in the legal
newspaper and sent to all potentially affected utility companies.
Staff had not received any objections to the proposed vacation.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the vacation of a partial right-of-way for Safari
Pass. All voted in favor.
PRELIMINARY PLAT/SENECA PLANT ADDITION/MWCC
City Administrator Tom Hedges summarized the history on the
matter. Community Development Director Dale Runkle gave a short
presentation on the location, size, zoning concerns, operations, odor
quantification and the peat movement.
A representative for MWCC gave a brief history of the proposal.
Bob Isaacson (MW CC - Engineering Division) explained the purpose
of the upgrade consisting of a one-third capacity increase. He stated
the project must be completed in 1992 which would necessitate
construction beginning in 1989. He reported that the two issues which
needed to be resolved regarded the odors and the stacking of the
excess peat. He also presented an evaluation of the cost for the
eastern expansion. He presented letters to the Council from the MWCC.
Mr. Isaacson described the neighborhood meetings which resulted
in two resolutions:
1. Evaluate the best odor control technology.
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November 1, 1988 t'.
2. Move the peat (which would cost $1.7 million).
He stated there are six potential conditions:
1. Odor control systems.
2. Cost and schedules for odor control.
3. Meetings with the Eagan citizens.
4. Solve the Nichols odor problem.
5. Peat disposal.
6. Building permit issuance contingent on meeting all
conditions.
He impressed upon the Council the need to proceed and requested
approval.
Councilmember Egan commented that there were many unanswered
questions and that the present plant has problems. He questioned if
these problems would be solved before the expansion. He questioned
why the 1992 completion date and if the existing problem with the
odor would be addressed. He questioned the type of technology to be
used and the results. He asked what assurances the City would have
that the processes would be implemented once a permit was issued. He
also asked if the incineration would be discontinued.
A representative for MWCC explained the incinerator options. He
stated the incinerator is an odor source and very expensive but that
it may be phased out. He stated there are many options to examine.
They are proposing state-of-the-art odor control.
Councilmember Egan questioned if the controls were quantifiable
and if they were guaranteed. The developer stated they were
quantifiable and estimated that 95% plus of the odor would be
removed. He stated there were specific odor units designed to more
than adequately treat the odors.
Jim Hiniker informed the Council that the 1992 date was
necessary as the EPA demanded the earliest possible date. He
explained the technology of the incinerator.
Councilmember Egan questioned if the liquid process would be
evaluated. The developer stated the MWCC directed the incinerator
investigation. Egan questioned if the City had methods to monitor
compliance. Mr. Colbert stated that perhaps it could be monitored
through the County Health Department. Mr. Hedges informed the Council
that monitoring had been discussed at the staff level.
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November 1, 1988
Councilmember Gustafson questioned if the City monitored and
found non-compliance, what the City's next step would be. He felt the
1992 date was unreasonable and MWCC should go back to the EPA. He had
concerns regarding the odor problem and questioned why it was
recurring and asked if the state-of-the-art technology was used in
the past.
The developer explained past methods used. He stated the new
plant would be remodeled.
Councilmember Wachter was in agreement with Mr. Egan and Mr.
Gustafson. He stated MWCC's track record was not good.
Councilmember McCrea applauded the efforts of MWCC but needed
further assurances to feel confident of future performance.
The developer further explained the odor controls and stated a
program of monitoring could be developed in conjunction with the
City. It is the intent of MWCC to make the facility a good neighbor.
Councilmember Egan questioned if there was any supervision in
the consent decree to meet the standards. The developer stated there
is no specific language addressing the odors and explained the origin
of the consent decree. He further stated that the EPA wanted a faster
schedule.
Councilmember Wachter asked for an update on the long-range
plan. The developer summarized the long-range plan. Wachter
questioned why Eagan should bear the entire burden. The developer
stated that Blue Lake, Empire, and Stillwater were also involved.
Terrell Fridley (Attorney for Citizens Against Seneca Expansion)
informed the Council his client opposed the expansion and that the
Council should take the opportunity to make MWCC live up to its
promises. He stated his client would discuss the following issues:
1. History.
2. Construction plans.
3. Environmental.
4. Wildlife.
5. odor.
6. Traffic and noise.
7. Property valuation.
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November 1, 1988
8. Other residents.
9. Future impact.
Betty Bassett, 2101 Wuthering Heights Road, reviewed the history
of the meetings with MWCC which, she stated ended in unsatisfactory
results. She also reviewed the past history of MWCC lawsuits and the
Seneca plant. She read her letter dated August 29, 1988 to the
Council.
Mayor Ellison asked which conditions were acceptable to the
neighbors. Ms. Bassett stated the removing of peat.
John Wesley, 1747 Bluehill, stated he felt MWCC was trying to
create a regional sewage center. He commented on the construction
plans and expressed concerns regarding the zoning. He stated he felt
it should be Heavy Industrial.
Eric Swanson (Citizens for a Better Environment) had two main
concerns; one regarding the 1992 deadline, the water standards not
being met, the expansion and the EPA standards. His second concern
regarded no discharge limitations for toxic chemicals.
Al Arends, 2133 Silver Bell Road, asked for the value of the
equipment. He stated carbon filters did not work and had concerns
regarding the incinerator, the monitoring, and zoning. He stated he
felt property in the area would be devalued.
Gary Mehrhoff, 2127 Silver Bell Road, had concerns regarding the
traffic and the loudness of the PA system. He stated the area was
used for recreation and urged rejection of the proposal.
Mary Ranerine, 3785 Nichols, submitted a letter to the Council
and urged rejection. She had environmental and wildlife concerns.
Gerry Johnson, 3778 Golden Hill Terrace, informed the Council he
felt the plant was too close to the housing. He had concerns
regarding the odor and the environment.
Mr. and Mrs. Sire, 2139 Silver Bell, informed the Council they
were denied their mortgage because of the plant proximity to their
house. They also had concerns regarding taxes.
Ted Tennis, 2135 Wuthering Heights, had concerns regarding
future expansion and urged rejection.
Mike Hazel, 2129 Silver Bell, outlined the Seneca service area
and stated he had concerns regarding future expansion.
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November 1, 1988
Loren Voigt, 4281 Svensk, stated he works for the PCA and was
involved with the consent decree. He informed the Council he was
available for questions.
Councilmember Egan requested clarification of the Seneca
violations. Mr. Voigt explained the violations. Mayor Ellison
questioned the air quality. Mr. Voigt stated he was uncertain. Mr.
Sheldon asked if air quality could be measured. Mr. Voigt states he
was unsure but he would contact the staff at the department. Mr.
Sheldon had questions regarding odor control. Mr. Voigt summarized
the controls and stated there were air quality people on staff.
The attorney for CASE summarized their presentation.
The developer informed the Council that they had tried to answer
the citizens' concerns and felt that the zoning was a City issue. He
also stated the Blue Lake sludge would be phased out.
Councilmember Egan questioned the firmness of the plans.
Councilmember Gustafson stated he felt the plans should have a time
frame.
The developer stated that back in 1972, the plant capacity was
foreseen before the year 2000. He stated he could not address the
property valuations and that there were no plans for future
expansions.
Mr. Gustafson questioned what would prevent future expansions
and further questioned the expansion plans. There was much discussion
regarding future expansion.
The developer stated the land to the west was a buffer. And that
the land could be deeded to the City. He stated he felt they had
fulfilled the City plat requirements.
Councilmember Egan stated his concerns regarding the sludge
hauling.
The developer stated that Seneca was a regional center and that
the costs would be associated with efficient requirements, not the
expansion. He also stated they could not let all of the contracts at
the present time and that the industrial uses would increase. He
stated the present carbon filters were too small and that the PA
system was being replaced. He also stated the construction would not
begin until 1992 and outlined the percentages of future growth.
Mayor Ellison had questions regarding the plans for the
scrubbers on the stack. He asked if the ponds would be covered. The
developer stated no, but that they would reconfigure their plans to
improve the tank circulation.
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November 1, 1988
Mayor Ellison questioned if a zoning change was needed. Mr.
Runkle stated it could be allowed in an L-1 zoning district. Mr.
Sheldon stated the zoning had never been questioned in the past and
it would be difficult to change it at the present time.
Councilmember Gustafson stated he felt three things would not
change whether they denied or approved the project; odor, market
value and surrounding zoning. He stated a potential solution may be
to buy out the neighbors instead of moving the peat pile.
Councilmember McCrea questioned if Seneca violated the
conditions, should the City impose sanctions. Mr. Sheldon questioned
if the City wanted to get into the waste water management business.
He stated if they did, he felt the staff was not qualified at the
present time.
McCrea stated the City should have a way of dealing with it on
an on-going basis. Mr. Sheldon had enforcement concerns.
McCrea questioned the disposition of the land to the west. The
developer stated it would be used as a buffer. McCrea questioned
continuing the matter for further review. Mr. Egan stated they had
already passed the 120-day period. The developer stated he felt
delays would not solve the problem and questioned if they could agree
on a process and have the enforcement as a condition.
Councilmember Gustafson stated the City already had six
conditions and there were four or five others from the citizens and
other City conditions. He suggested continuing the matter until the
November 15, 1988 meeting to compile all of the conditions. Mayor
Ellison stated he felt the matter should only be continued if the
Council were going to move forward. McCrea stated she favored
eventual approval for several reasons and if the conditions were
assured, she would feel comfortable.
Mayor Ellison recapped his experience in researching the plant.
He stated MWCC had not dealt well with the past problems. He stated
he had two objectives; one being to mitigate the odors. He also
stated the plant must have the capacity for the future and that MWCC
seemed serious about solving the problems. He also stated the odor
problems would be less in the future. He felt the City would be
better off to allow the expansion. He supported having conditions for
approval.
Councilmember Gustafson supported the Mayor's comments and felt
it was better to go forward but they needed time to set up the list
of conditions. He reiterated he felt the matter should be continued.
Councilmember Egan questioned if there were plans to re-zone.
Mr. Runkle stated there were no plans to re-zone.
Page 11/EAGAN CITY COUNCIL MEETING MINUTES
November 1, 1988
Mr. Egan stated he was skeptical of allowing MWCC to go forward
based on the present information that was available. He felt the
conditions still left the control to the MWCC and he wanted the
controls more tightly established. He agreed with the neighborhood
issues and felt there was a need for a facilitator to control the
conditions. He also felt there was a need for a zero base to
establish the criteria. He felt a change in plans should require a
variance and that the buffer issue needed to be addressed. He asked
if the City should seek professional consulting advice. He felt other
agencies should impose fines and that it was not a City
responsibility.
Co uncilmember Wachter stated he felt Eagan had a right to
establish the ratio of costs for the plant and that the neighbors
should get something for their burden.
Mayor Ellison asked if two weeks would be long enough to
continue the matter. City Administrator Tom Hedges stated two weeks
would be sufficient time to work on the conditions, however, it may
not be sufficient time to obtain a consultant.
Councilmember McCrea questioned if MWCC was agreeable to a
two-week delay. The developer stated their plans were not complete
and that a two-week delay was fine. The developer questioned if it
could advertise for bids.
McCrea moved, Gustafson seconded, the motion to continue the
matter for two weeks until the November 15, 1988, Council meeting to
allow all of the parties in good faith to establish conditions with
the staff and a third party (at the discretion of the staff), review
the conditions and present them to the Council for their review. All
voted in favor.
CONTRACT 87-26/CHANGE ORDER NO. 3 (WESCOTT ROAD - STREETS)
City Administrator Tom Hedges updated the Council on the
Contract and Change Order No. 3.
Gustafson moved, Egan seconded, the motion to acknowledge the
correction and reaffirm previous approval of Change Order No. 3 in
the amount of $16,107.32 to Contract 87-26 (Wescott Road - Streets)
and authorize the Mayor and City Clerk to execute all related
documents. All voted in favor.
STONEY POINT 2ND ADDITION/CLARIFICATION OF CONDITION
Public Works Director Tom Colbert informed the Council of the
necessity to clarify condition 13 of the Stoney Point preliminary
plat.
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November 1, 1988
Wachter moved, Egan seconded, the motion to clarify condition
number 13 of the Stoney Point preliminary plat approval regarding the
requirement to interconnect the internal street to Pacific Avenue as
a condition of the 2nd Addition final plat. All voted in favor.
RIDGE HAVEN ADDITION/CLARIFICATION OF CONDITION
Public Works Director Tom Colbert reported that staff had
withheld the processing of the final plat application for the Ridge
Haven Addition until the completion of the public hearing process to
determine if 1) the Sibley Hills Drive access would be approved and
2) what the proportionate assessment responsibility for the proposed
Ridge Haven Addition would be. He stated a letter had been received
from the developer's engineer appealing the staff's position and
requesting that the final plat application be allowed to proceed
prior to the determination of whether Sibley Hills Drive access would
be upgraded to City standards necessary to provide access for the 14
lot subdivision.
Peter Knable (developer) asked to be allowed to waive the
assessments by signing the agreement. Mr. Colbert stated he was
unsure of the amount because of the nature of the improvements.
Councilmember Egan stated he should not be tied to an uncertain
amount. Mayor Ellison suggested leaving the matter open-ended. Mr.
Colbert stated the upgrade of Sibley Hills Drive was also in
question. The developer informed the Council they would like to
complete the work this fall. Mr. Colbert stated the final plat should
be delayed until the access question was solved.
City Attorney Jim Sheldon stated that no action was necessary on
the matter.
RAHNCLIFF 2ND ADDITION/CLARIFICATION OF CONDITION
Dale Runkle updated the Council on the matter.
Ray Williams (Astleford) objected to the blockage and stated it
was not a farm road. He further stated it had a detrimental affect.
George Martin, 303 Cherrywood (Meineke Muffler), stated that the
Rahn Cliff intersection is a dangerous intersection but not this
particular intersection. He stated the blockage would handicap the
business and he was opposed to the proposal.
Dave Wurdiek (Rapid Oil) informed the Council the access was
crucial to his business.
Councilmember Wachter suggested putting in a temporary median.
McCrea agreed with Wachter. Egan felt a temporary barrier was the
best solution.
Page 13/EAGAN CITY COUNCIL MEETING MINUTES `
November 1, 1988
Wachter moved, Gustafson seconded, the motion to request the
County to install a temporary concrete median and request a full
median extension on Cliff Road to improve the safety of the right-in
and right-out turn movement from the Rahncliff 2nd Addition. All
voted in favor.
There was further discussion regarding the access problem.
STRATFORD OAKS AND HIDDEN VALLEY/CONTRACT 88-35
Public Works Director Tom Colbert informed the Council that
staff had been contacted by the developer of the proposed Stratford
Oaks Addition stating it would not proceed with the development.
Therefore, this portion of the Contract would have to be deleted when
awarded.
McCrea moved, Gustafson seconded, the motion to approve the
easement acquisition, receive the bids and award revised Contract
88-35 (Hidden Valley - Sanitary Sewer) to the lowest responsible
bidder. All voted in favor.
PETITION/STOP SIGN/DODD ROAD AT FARM ROAD
Public Works Director Tom Colbert reported to the Council that
the traffic counts and the speed studies had been performed by the
Engineering Department and the Police Department. He informed the
Council of the results of those studies.
John Remkus, 4880 Dodd Road, stated he was ambivalent about the
stop sign.
Donald Clark, 673 Farm Road, requested the City at least install
a two-way sign.
Councilmember Egan questioned if a yield sign would be
appropriate at the intersection. Mr. Colbert stated yes.
Wachter moved, McCrea seconded, the motion to deny the
installation of stop signs at the intersection of Dodd Road and Farm
Road and approve the installation of a yield sign on Farm Road. All
voted in favor.
Councilmember McCrea stated the report which was drafted by Mike
Dougherty clarified when stop signs were a necessity.
PETITION/STOP SIGN/COVINGTON LANE AT WEST BEACON HILL ROAD
Public Works Director Tom Colbert informed the Council the
traffic count and speed control studies had been performed and there
appeared to be no significant situations that would warrant the
installation of stop signs.
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November 1, 1988
Ann Uzendoski, 1627 Covington Lane, thanked Tom Colbert for his
quick action. She questioned if the study was complete enough to make
a judgment.
Greg Boon, 1631 Covington Lane, stated he felt the study was
inadequate and urged the Council to approve the petition.
Councilmember Wachter suggested that there may be the need to
re-evaluate past stop signs. There was much discussion regarding the
purpose and validity of stop signs.
Wachter moved, Egan seconded, the motion to deny the
installation of stop signs on Covington Lane at West Beacon Hill
Road. All voted in favor.
Councilmember Wachter again stated he felt it was necessary to
re-evaluate the other non-conforming signs. Mayor Ellison agreed.
Councilmember Egan suggested prioritizing them.
ORDINANCE AMENDMENT/NON-INTOXICATING MALT LIQUOR LICENSE
City Administrator Tom Hedges summarized the background on the
ordinance amendment.
McCrea moved, Gustafson seconded, the motion to approve an
ordinance amendment to the non-intoxicating malt liquor license which
specifically addresses waiver of the 5% ownership regulations for
non-intoxicating malt liquor licenses. All voted in favor.
LIQUOR LICENSE/PIZZA HUT
Egan moved, Wachter seconded, the motion to approve an on-sale
3.2 beer and wine license at Pizza Hut located on Lot 1, Block 1,
Town Center 70 9th Addition. All voted in favor.
RABNCLIFF 2ND ADDITION/AMENDMENT/PLANNED DEVELOPMENT AGREEMENT
Dale Runkle informed the Council of the request received from
the developer for an amendment to the approved Planned Development
Agreement to combine Lots 2 and 3, Block 3, Rahncliff 2nd Addition,
into a single lot. He stated the reason for the amendment request was
to combine the parcels for single ownership.
McCrea moved, Egan seconded, the motion to approve the amendment
to the Rahncliff 2nd Addition Planned Development Agreement as
presented. All voted in favor.
Page 15/EAGAN CITY COUNCIL MEETING MINUTES
November 1 , 1988
VARIANCE/REAR YARD SETBACK/SCOTT AND SUSAN BJERKE
Dale Runkle updated the Council on the background of the
application for a rear yard setback for Scott and Susan Bjerke.
Mayor Ellison asked if the applicant had been in contact with
the HRA. Mr. Bjerke stated he had been in contact with the HRA once.
Egan moved, McCrea seconded, the motion to approve a request for
a five foot variance to the five foot rear yard setback for Lot 16,
Block 2, Safari Estates Addition as presented. All voted in favor.
Mr. Bjerke complimented the City staff for their assistance in
the matter.
CONDITIONAL USE PERMIT/LINVILLE PROPERTIES FOR CAR WASH/RAPID OIL
CHANGE/PYLON SIGN
Egan moved, Gustafson seconded, the motion to refer the matter
back to the Advisory Planning Commission for further review due to
changes proposed by the developer. All voted in favor.
COMPREHENSIVE GUIDE PLAN AMENDMENT/RE-ZONING/PRELIMINARY
PLAT/ROSEAGAN ADDITION
Gustafson moved, McCrea seconded, the motion to continue the
matter to the November 15, 1988, City Council meeting. All voted in
favor.
RECONSIDERATION/SPECIAL ASSESSMENT CONDITION OF WAIVER OF PLAT/VINCE
AND ILENE KENNEDY
City Administrator Tom Hedges summarized the background on the
matter for the Council.
Vince Kennedy, 3830 Pilot Knob Road, objected to the special
assessment. Mr. Colbert explained the reason for the assessment. Mr.
Kennedy stated the split was for financing purposes. There was
further discussion regarding the Lone Oak assessments.
Councilmember Egan stated he felt the City should assess when
the developer had a financial transaction.
Egan moved, Gustafson seconded, the motion to reconsider the
motion to deny the request for waiving the assessments as proposed
for Lot 5, Zender Acres. All voted in favor.
Egan moved, Gustafson seconded, the motion to approve the
request to waive the special assessment condition of the waiver of
plat for Lot 5, Zender Acres. All voted in favor.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
November 1 , 1988
FINAL PLAT/RAHNCLIFF 2ND ADDITION
Public Works Director Tom Colbert stated all final plat
application materials had been submitted, reviewed by staff and found
to be in order.
McCrea moved, Wachter seconded, the motion to approve the final
plat for Rahncliff Addition and authorized the Mayor and City Clerk
to execute all related documents. All voted in favor. R-88.85
DAKOTA COUNTY BRA HOUSING REVENUE BOND APPLICATION/ALDEN PONDS
TOWNHOMES
City Administrator Tom Hedges stated the application was for the
County Housing Revenue Bond program and did not involve the sale or
use of City bonds.
Councilmember McCrea stated it would bring affordable housing to
Eagan families.
The applicant briefed the Council on the project.
Mayor Ellison stated he supported the matter.
Mr. Hedges briefed the Council on future project procedures.
McCrea moved, Egan seconded, the motion to approve positive
comment regarding Dakota County HRA Housing Revenue Bonds for Alden
Ponds townhomes. All voted in favor.
1-494 TRAFFIC STUDY (LONE OAK ADDITION - NORTHWEST AIRLINES)
Public Works Director Tom Colbert updated the Council on the
1-494 traffic study.
Councilmember Egan questioned if the cost would be passed onto
Northwest. Mr. Hedges stated there would be further updates. There
was discussion regarding the options by the Council. Mayor Ellison
stated he felt they should proceed and bill Northwest. Councilmember
McCrea suggested itemizing the estimate.
Egan moved, Wachter seconded, the motion to authorize a special
traffic study for Dodd Road/I-494 area. All voted in favor.
RAHN ROAD TRAIL/CHANGE ORDER NO. 1/CONTRACT 88-7
City Administrator Tom Hedges introduced the matter to the
Council.
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
November 1 , 1988
Egan moved, McCrea seconded, the motion to approve Change Order
No. 1 to Improvement Contract 88-7 for the Rahn Road Trail in the
amount of an additional $15,775.52. All voted in favor.
SPECIAL COUNCIL MEETING/NOVEMBER 22, 1988
Egan moved, Wachter seconded, the motion to approve a special
City Council workshop for November 22, 1988 to address the airport
adequacy and the Public Enterprise budget. All voted in favor.
COUNCIL UPDATES
Dale Runkle discussed the options regarding accessory housing.
Mayor Ellison stated he felt a legal opinion was necessary.
Mr. Runkle also informed the Council that he had received
complaints regarding the old farmhouse structures.
Mr. Runkle also updated the Council on the NCS matter and stated
the County now recommended the access.
Councilmember Wachter discussed Fire Station No. 4 and the
lighting on County Road 30 and Pilot Knob.
Councilmember Gustafson questioned if a written comment had been
issued regarding the Airport Task Force. There was discussion by the
Council on this matter.
BILLS
Wachter moved, Gustafson seconded, the motion to approve the
checklist dated November 1, 1988, in the amount of $1,359,524.32. All
voted in favor.
ADJOURNMENT
Upon motion duly made by Gustafson, seconded by Wachter, the
meeting was adjourned at 12:30 a.m. All voted in favor.
CITY OF EAGAN
By: ~a ~ftA& N I!
E. J. anOverbeke
Its: 40ity Clerk