11/15/1988 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 15, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
November 15, 1988, at 6:30 p.m. at the Eagan Municipal Center.
Present were Mayor Vic Ellison and Councilmembers Wachter, Egan,
Gustaf son and McCrea. Also present were City Administrator Tom
Hedges, City Engineer Tom Colbert, Community Development Director
Dale Runkle and City Attorney James Sheldon.
AGENDA
Gustafson moved, Wachter seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
November 1. 1988. Councilmember McCrea requested a correction on
page 10, paragraph 5, changing "west land." to "land to the west."
She also requested a change on page 16, paragraph 4, deleting "20% of
the".
Dave Gustafson requested a change on page 13, first paragraph,
rewording the motion to read "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."
Mayor Ellison requested a change on page 8, paragraph 2, from
"piling of peat" to "removal of peat".
Wachter moved, Egan seconded, the motion to approve the minutes
for the November 1, 1988, regular meeting as amended. All voted in
favor.
STREET NAME CHANGE, HAEG COURT IN DODD FARM ADDITION
City Administrator Tom Hedges informed the Council of a request
received from Mark Calvin Construction to change the street name Haeg
Court to Calvin Court. He stated' a resolution would be filed with the
final plat at both the City and the County levels.
Wachter moved, Gustafson seconded, the motion to approve the
change in street name of Haeg Court to Calvin Court. All voted in
favor. R-88.86
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November 15, 1988
DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT AWARD
Tim Kelly presented the City of Eagan with an award in
recognition of their efforts in practicing conservation measures
within Dakota County. He commended the City Council and the City
staff and also recognized Tom Colbert and Mike Foertsch for their
efforts. Dwaine Otte presented an award to the Mayor. Mayor Ellison
stated it was an honor for the City and he commended the staff for
their excellent work.
CONSENT AGENDA
A. Personnel Items.
1. Combination Building Inspector. It was recommended to approve
the hiring of Dale Schoeppner as a combination building inspector,
contingent upon successful completion of the City's physical
examination requirement.
2. Seasonal Utility Maintenance Worker. It was recommended to
approve the hiring of Scott Provost as a seasonal utility maintenance
worker.
B. Resolution Proclaiming November 30 as Eagan and Burnsville
Public Access Volunteer Appreciation Day.
It was recommended to approve a resolution proclaiming November
30 as Eagan and Burnsville Public Access Volunteer Appreciation Day.
C. Project 554, Authorize Payment for Easement Acquisition
(General Electric Supply Company - Storm Sewer).
It was recommended to authorize payment of $500.00 for easement
acquisition for Project 554 (General Electric Supply Company - Storm
Sewer).
D. Vacate Utility and Drainage Easement. Receive Petition/Set
Public Hearing (Lots 5 and 6. Block 2. Blackhawk Glen 2nd Addition).
It was recommended to receive the petition to vacate a common
lot line drainage and utility easement over Lots 5 and 6, Block 2,
Blackhawk Glen 2nd Addition, and schedule a public hearing to be held
on December 6, 1988.
E. Contract 87-34, Final Payment/Acceptance (Sperry Reservoir -
Repainting).
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November 15, 1988
It was recommended to approve the third and final payment for
Contract 87-34 (Sperry Reservoir - Repainting) in the amount of
$19,615.40 to Rainbow, Inc., and accept the project for perpetual
maintenance.
F. Approve Final Plat, Stoney Pointe 2nd Addition.
It was recommended to approve the final plat for the Stoney
Pointe 2nd Addition and authorize the Mayor and City Clerk to execute
all related documents. R-88.87
G. Approve Specifications/Authorize Advertisement for Bids for
Recyclable Containers.
Jon Hohenstein answered the Council's questions regarding the
matter.
It was recommended to approve the specifications and authorize
advertisement for bids for recyclable containers.
Gustafson moved, Wachter seconded, the motion to approve the
foregoing consent agenda items and authorize their implementation.
All voted in favor.
DEPARTMENT HEAD BUSINESS
Mike Reardon reminded the Council that November 30, 1988, was
Public Access Volunteer Appreciation Day and an awards presentation
would be held from 6:00 to 8:00 p.m.
Chief Southorn informed the Council that Station 5 was now open.
Councilmember Egan stated he was pleased to hear that Station 4 was
now staffed. Mayor Ellison questioned the grand opening plans. Chief
Southorn stated the grand opening would be in the near future.
Councilmember Wachter objected to the Blackhawk stop signs.
Special Council Meeting/November 29. 1988
City Administrator Tom Hedges reported that a special meeting
had been set for November 29, 1988, at 7:00 p.m.
Egan moved, Wachter seconded, the motion to schedule a special
council meeting on November 29, 1988 at 7:00 p.m. for further review
of the Community Center plan. All voted in favor.
COMMUNITY CLEAN-UP YEAR - 1989
City Administrator Tom Hedges informed the Council that 1989 was
Community Clean-up Year. He questioned if it was the concensus of the
Council to defer the relocation of the City Hall and pursue County
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November 15, 1988
funding. Councilmembers McCrea and Wachter were in agreement to wait
to contact the County. Hedges questioned if he should contact various
service organizations for their involvement. Councilmembers Egan and
McCrea agreed that he should contact service organizations.
(E EERATE I4i 1990
Councilmember Gustafson moved and Councilmember Egan seconded the motion
that the City would participate in the Celebrate MN 1990 Grant Application.
Ted Wachter was authorized as contact person for this program in behalf of
the City of Eagan. All voted in favor. R-88.88
VACATE PUBLIC RIGHT-OF-WAY/APOLLO ROAD
Public Works Director Tom Colbert updated the Council on the
matter and informed them that several City utilities exist within the
alignment. He stated it would be necessary to retain all appropriate.
drainage and utility easements while vacating only the public
right-of-way along the alignment.
Bob Worthington (Opus) supported the vacation and stated he was
available for questions.
Mr. Colbert suggested requiring the appropriate combination of
lots to eliminate any landlocked properties.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve the vacation of public right-of-way for Apollo
Road between Mike Collins Drive and Trunk Highway 149, subject to the
appropriate combination of lots to eliminate any landlocked
properties. All voted in favor.
FINAL ASSESSMENT HEARING (YANKEE DOODLE ROAD)
Public Works Director Tom Colbert summarized the history on the
matter.
Charles Bartholdi (on behalf of Federal Land Company) recapped
past objections and stated they were withdrawing their objection to
the assessment.
Councilmember Egan questioned if the O'Neil parcel would be
removed. Mr. Colbert stated it would not be removed.
Wachter moved, McCrea seconded, the motion to close the public
hearing and approve the final assessment roll for Project 461 (Yankee
Doodle Road - 35E to Lexington Avenue) and authorize the
certification to the County. All voted in favor.
PRELIMINARY PLAT/SENECA PLANT ADDITION/MCC
City Administrator Tom Hedges recapped the history on the matter
and introduced Becky Comstock, an attorney who is an expert in the
environmental law who is reviewing and assisting in the preparation
of conditions addressing the odor issue. Ms. Comstock issued a
revised agreement to the Council.
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Representatives of Metcalf and Eddy informed the Council of
their consulting qualifications.
Ms. Comstock stated she had toured the plant, reviewed the
documents, and drew up proposed conditions and an agreement. She
recapped the changes to the Development Agreement. She stated the
ultimate action on the matter would be a conditional approval,
subject to a purchase agreement and entering into an approved
Development Agreement. She explained the provisions of the proposed
Development Agreement. She stated the language in the agreement was
disputed by MWCC and she presented compromise language. She informed
the Council she was available for questions.
Consultant John Wood recapped the review procedure. He was
confident the agreement would eliminate the problems.
Councilmember Gustafson requested clarification of Section 4.2.
Ms. Comstock explained the options. Gustafson questioned what would
happen after 1992. Ms. Comstock stated the development of an odor
control process would address that issue. She stated the upgrade
would coincide with the new Seneca expansion. Mr. Gustafson stated
that 17 years of a process had not solved the problems. He questioned
the purchase of surrounding property. Ms. Comstock stated the
citizens had statutory remedy if the property was "taken". She stated
common law nuisance was also available.
Councilmember Egan shared Mr. Gustafson's concern regarding
enforcement. He would like more control after 1992. He felt the MWCC
had too much discretion. He questioned other points and stated he
felt the MWCC retained discretion in Section 3.1(a).
Ms. Comstock explained the process and stated that the installed
equipment would be the best odor reduction available.
Councilmember Egan reiterated his concern regarding control
after 1992. Ms. Comstock stated it was difficult to set a standard
for odor. The consultant explained the difficulty of odor
measurement. He reported that if the equipment was not working, the
state would inspect.
Mayor Ellison commented that at the last Council meeting, the
Council had recognized that their leverage was the permitting
process. Councilmember Egan asked why independent consultants
wouldn't apply to the other provisions. The consultant stated those
areas were studied out. Mr. Egan asked for an explanation of a scenic
easement. City Attorney Jim Sheldon stated it was for a wildlife
area.
Councilmember Egan also had questions regarding Section 3.3(c)
regarding the sludge management and Section 4.4 regarding the
procedural aspect. Ms. Comstock outlined the options. Egan questionea
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November 15, 1988
the procedure if the MWCC did not address the committee's concerns.
Ms. Comstock explained the options.
Councilmember Wachter declared that the past history created
skepticism on his part. He stated there were "no teeth" in the
agreement. He felt it should state "A fine would be imposed when
equipment failed". Councilmember McCrea stated that the state and the
PCA monitored the equipment but questioned if the City could enforce
the violations and how they would enforce them. Mayor Ellison felt
the City could not make MWCC submit carte blanche to citizens' groups
and felt there was an enforcement problem.
Councilmember Gustafson felt the Council should proceed in some
way at the meeting. He felt that if the odor problem continued, the
citizens should be able to have their property purchased. He
questioned if the citizens have that right.
Becky Comstock stated that it would be through the PCA only and
it would be inverse condemnation. Mr. Sheldon stated that neither the
City nor the MWCC had authority to give money away.
Jim Hiniker (MWCC) informed the Council that the MWCC was
operating in good faith and desired to be a good neighbor. He stated
they could approve the agreement as amended and felt spirit and
effort was important.
Betty Bassett, 2101 Wuthering Heights Road, asked where the park
location was and had questions concerning the ponds not being
covered. She was concerned regarding meaningless input and felt it
was unfair making them sue MWCC.
John Wesley, 1747 Bluebill, presented a zoning letter to the
Council.
City Attorney Jim Sheldon stated the zoning was proper and
reviewed the zoning history. He stated the use was not non-conforming
and that the zoning was never questioned by the City for 17 years. He
explained it would be difficult to change now. Mayor Ellison
explained that the minutes could be made available.
John Wesley questioned why past odor problems had not been
addressed. The consultant stating that odor control was not an
add-on. Mr. Wesley stated the agreement gave them no new rights and
disagreed with the consultant's conclusions. He stated the PCA was
evaluating the odors. He had concerns regarding Seneca's compliance.
Mayor Ellison stated the PCA was in a better enforcement position
than the City.
Ted Tennis, 2135 Wuthering Heights, questioned the zoning and
wanted the clarifiers covered. He had concerns regarding the safety
of the gas storage and asked when the odors would cease. Mr. Sheldon
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November 15, 1988
stated the zoning was determined I-1 at the time of the installation
and that the zoning was reviewed at the permit stage for 17 years.
Terrell Fridley (Attorney for Citizens Against Seneca Expansion)
felt there was not enough review time concerning the agreement and
stated he wanted time to respond and be involved.
Mayor Ellison questioned why the ponds were not covered and when
the odor control would take place. Mr. Hiniker stated it was not
feasible to cover the ponds and the odor control would be staged.
John Melom, 3680 Ashbury Road, addressed his concerns regarding
the odors and stated he felt there were "no teeth" in the agreement.
Councilmember McCrea had concerns regarding the scenic easement
and questioned if it would be permanent. She questioned Eagan's legal
options. Mayor Ellison stated he felt they could not bind a future
council. Mr. Sheldon informed the Council the final agreement would
answer most concerns.
Councilmember Wachter stated he felt Eagan was taking the brunt
for other communities. Councilmember Gustafson outlined his concerns
regarding fining. Councilmember Egan stated he felt the MWCC was
similar to a public utility which the City could regulate. He felt
Eagan was best suited to monitor compliance and that every effort
must be made to regulate the procedures. He felt the City had no
control after 1992. He stated MWCC could report and be audited. Mayor
Ellison remarked that the only way to control odors was to get going
on the procedure. He further stated that hired experts knew more than
the Councilmembers on the issue and that the City was not in the
waste control business. He stated they were already forcing MWCC to
spend millions on odor control and that the City could pursue their
legal options. He wanted the process moved forward.
Councilmember McCrea felt several concerns needed to be
addressed and questioned if "teeth" could be put into the citizens'
committee. She also questioned if other issues could be addressed.
Ms. Comstock stated that the agreement could be modified and that the
odor control program required standard operating procedures.
Councilmember Egan questioned if the equipment had warranties.
The consultant explained the safeguards.
Gustafson moved, McCrea seconded, the motion to approve the
preliminary plat entitled "Seneca Plant Addition" consisting of 87.83
acres for the expansion of the Seneca Waste Water Treatment Plant
located west of Comanche Road in the west half of Section 17 and the
east half of Section 18, subject to the following conditions:
1. The incorporation of the agreement;
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November 15, 1988
2. Eagan citizen input;
3. Execution of the Development Agreement; and
4. Final approval of the Development Agreement by the City
Council at the December 6, 1988, City Council meeting.
5. The standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, Bl,
B2, B4, Cl, C2, C4, Dl, El, Fl, and G1.
6. Either condemnation is expedited or the owner of the property
sign the preliminary plat application before the preliminary plat
will be approved.
7. The applicant must meet all ETB and PCA rules and regulations
for the development of this property.
8. The development is required to limit the elevation of the
proposed earth mounds to not exceed the elevation of 780.
Ellison, McCrea and Gustafson voted in favor; Egan and Wachter
voted against. The motion passed.
The Council discussed which points in the agreement needed
revision. Councilmember McCrea stated that legal counsel and the
experts should continue to address the conditions. There was much
Council discussion regarding enforcement. Councilmember Egan stated
the Council has the accountability and it should set up the
methodology.
PRELIMINARY PLAT/ROSEAGAN ADDITION
Community Development Director Dale Runkle detailed the history
on the matter. He stated the APC recommended approval of the matter.
The developer informed the Council that the acreage would remain
the same but that Lot 5 would be rounded. He objected to the
assessments and stated he felt the improvements should be assessed
when they were completed and not before that time.
Bob Hawkins, 4711 Dodd, reported that he was opposed to the City
sewer and water.
John Runkus, 4880 Dodd, informed the Council he was opposed to
the sewer and water.
Mayor Ellison questioned if there was a need to levy the
assessments. Public Works Director Tom Colbert stated it was a policy
issue. He explained how the comp guide directed past City
expenditures and explained the dilemma. He stated that acquiring
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November 15 , 1988
assessments in the future would be near to impossible. City
Administrator Tom Hedges remarked that the issue had come up before
and that experience showed that problems would arise. Councilmember
Egan agreed with Mr. Hedges.
Councilmember McCrea requested a description of the surrounding
property. Mr. Runkle described the surrounding property.
Councilmember Wachter stated he felt that in the future wells may be
a problem.
Doug Johnson, 4775 Dodd, had concerns regarding sewer and water
and stated that areas around the development had five acre lots.
Councilmember Egan stated that storm sewer was not being brought in
at this time. Mayor Ellison advised that land values would increase
and that lots would probably subdivide. There was discussion
regarding sewer and water.
McCrea moved, Ellison seconded, the motion to approve the
preliminary plat for the Roseagan Addition, waive the assessments,
and amend the Comprehensive Guide Plan, 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: B-1,
B-3, C-2, E-1, F-1 and G-1.
2. No expansion of the existing business of Lot 5 shall be
permitted.
3. The well and septic systems shall conform to WPC40 standards.
4. Lots 1 and 4 shall be limited to one single family residence.
McCrea voted in favor; Wachter, Gustafson, Ellison and Egan
voted against. The motion failed.
City Administrator Tom Hedges stated that the previous motion
would need APC action and a public hearing if it were passed.
Councilmember Gustafson stated he was concerned that should sewer and
water be installed, who would pay. Public Works Director Tom Colbert
stated the looping would occur further to the north and that the
Council should re-zone forever or collect the assessments at the
present time. Mayor Ellison stated the City could eat the cost now
and collect it when it is developed. Councilmember Egan stated he was
opposed to the motion for several reasons and felt that flexibility
would be lost, the comp guide change would be difficult and that it
was bad policy.
Egan moved, Wachter seconded, the motion to approve the
preliminary plat and variance to the Roseagan Addition, subject to
the following conditions:
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November 15, 1988
1. The standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: A-1,
B-1, B-3, C-2, E-i, F-1 and G-1.
2. No expansion of the existing business of Lot 5 shall be
permitted.
3. The well and septic systems shall conform to WPC40 standards.
4. Lots 1 and 4 shall be limited to one single family residence.
5. The deferrment of the street assessments until the street is
upgraded.
Egan, Wachter and Ellison voted in favor; McCrea and Gustafson
voted against.
Councilmember McCrea stated she felt the impact fee was too
high. There was further discussion regarding the assessment policy.
COPY MACHINE/AUTHORIZE LEASE-PURCHASE (MUNICIPAL CENTER)
City Administrator Tom Hedges set forth the background on the
matter.
Egan moved, Wachter seconded, the motion to approve the
recommendation of the City staff to acquire the Kodak 235AF copier
through the three-year lease/purchase option and to direct the staff
to process the necessary agreements. All voted in favor.
BANKING SERVICES AGREEMENT
City Administrator Tom Hedges informed the Council that at the
October 6, 1988, Council meeting staff was authorized to proceed with
the request for proposals to provide banking services for a
three-year period beginning January 1, 1989. He stated the apparent
low provider was First Bank Eagan.
Wachter moved, Gustafson seconded, the motion to designate First
Bank Eagan for the purpose of acting as official depository and
providing various banking services to the City of Eagan for calendar
years 1989, 1990 and 1991. All voted in favor.
AMENDMENT TO CITY CODE/SWIMMING POOL FENCING
City Administrator Tom Hedges explained the request for an
amendment to City Code regarding swimming pool fencing. Councilmember
McCrea agreed there was a need for the amendment. Councilmember
Gustafson requested a minor change in that the fencing must be
installed by May 15, 1989. Mayor Ellison agreed with this suggestion.
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November 15, 1988
Egan moved, Wachter seconded, the motion to approve an amendment
to the City Code that requires fencing for both existing and new
swimming pools with the exception of above-ground outdoor swimming
pools having at least four foot high vertical or outward inclined
sidewalls, with said fencing on existing swimming pools to be
installed by May 15, 1989. All voted in favor.
OFF-SALE BEER LICENSE/CUB FOODS
Wachter moved, Gustafson seconded, the motion to approve the
off-sale beer license for Cub Foods at Cliff Lake Galleria. All voted
in favor.
CLARIFICATIONS OF TRAILWAY/ENGSTROMS DEERWOOD ADDITION
City Administrator Tom Hedges informed the Council the trailway
had not been constructed to date and that the developer was
requesting consideration by the City Council to eliminate that
condition of the final plat as it was concerned for the safety of the
children in the neighborhood. He further stated that the Director of
Parks and Recreation had also addressed the trailway issue and raised
some concerns regarding its installation.
Bob Engstrom outlined his concerns regarding the trail and
stated it would be too dangerous.
Councilmember Egan questioned if the trailway would be
jeopardized. Mr. Colbert recapped the history. Mr. Engstrom stated
the grading was poor. Mayor Ellison favored Mr. Engstrom's proposal.
Buffy Mobroten (salesperson in area) stated the buyers' were
opposed and outlined their problem.
Steve Barthlet (Lot 17) was concerned with the family
environment.
Howard Kyllo stated that the children to the west walked to
school. Councilmember Wachter stated that if there were no trail, the
children would cross the lots. Councilmember Egan stated he felt
there was a real safety issue.
Egan moved, Gustafson seconded, the motion to approve the
removal of a trailway connection from Pilot Knob Road to Deerwood
Addition as a condition of final platting. Engstrom. Gustafson,
Ellison, Egan and McCrea voted in favor; Wachter abstained.
VARIANCE/COUNTRY HOLLOW ADDITION/PROGRESS LAND COMPANY
Community Development Director Dale Runkle presented the matter
to the Council.
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November 15, 1988
Warren Israelson (applicant) expressed his concerns regarding
the loss of the trees. Mayor Ellison questioned why the street was so
far south. The applicant stated because of the ponding to the north.
Mr. Colbert questioned the developer's progress.
Wachter moved, Egan seconded, the motion to continue the
ten-foot front yard setback variance for Lots 3 through 11, Block 3
and a five-foot front yard setback variance for Lot 12, Block 3,
Country Hollow Addition to the December 6, 1988, Council meeting. All
voted in favor.
VARIANCE/RHC ASSOCIATES JOINT VENTURE I
Community Development Director Dale Runkle summarized the matter
for the Council.
Richard Natala (applicant) explained the request, the hardship
and the location for the variance.
City Administrator Tom Hedges stated there was a procedural
point. Mr. Sheldon stated there was no provision for a variance in
the sign ordinance. Mr. Wachter stated he felt the sign would be seen
on Cliff Road.
Wachter moved, Gustafson seconded, the motion to deny the
23-foot variance to the 50-foot required pylon sign height as
requested by RHC Associates Joint Venture I for Outlot E, Cliff
Lake Center. All voted in favor.
WAIVER OF PLAT/MERITOR CORPORATION/LEXINGTON SQUARE 4TH
ADDITION/LEXINGTON SQUARE 7TH ADDITION
Community Development Director Dale Runkle stated that the
request for the waiver of the plat would rectify an error in the plat
surveys by shifting a lot line to the north approximately 14 feet at
the right-of-way. He stated the APC recommended approval.
The applicant was not present at the meeting.
Egan moved, McCrea seconded, the motion to approve the waiver of
plat for Meritor Development Company to relocate common property
lines between Lot 1, Block It Lexington Square 7th Addition and Lots
1 and 2, Block 2, Lexington Square 4th Addition, subject to the
following conditions:
1. The granting of an additional drainage and utility easement
covering five feet north of the new property line.
2. No sideyard setback variances shall be allowed on Lot 1,
Block 1, Lexington Square 7th Addition.
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November 15, 1988
3. Parcel A shall be combined with Lot 1, Block 2, Lexington
Square 4th Addition and Parcel B shall be combined with Lot 2, Block
2, Lexington Square 4th Addition.
All voted in favor. R-88.89
WAIVER OF PLAT/NATIONAL COMPUTER SYSTEMS/EAGANDALE INDUSTRIAL PARK
1ST ADDITION
Community Development Director Dale Runkle introduced the matter
to the Council.
Bob Worthington (Opus) stated he had a concern regarding
proposed condition number 1 regarding pre-payment of the assessments.
He stated the County allowed the access onto Lone Oak and that Opus
would dedicate easements. He presented diagrams of the site. He
stated Opus would not protest the assessments when the improvement
was made and requested deferral until that time.
Councilmember Egan questioned the County's plan for Lone Oak.
Mr. Colbert stated it was not in the five-year plan. Mayor Ellison
felt the Council should not play favorites. Councilmember McCrea
stated that perhaps the Council should examine the policy.
McCrea moved, Egan seconded, the motion to approve the waiver of
plat for Opus Corporation/Northwest Mutual Life to split Lots 6 and
17, Block 4, Eagandale Industrial Park 1st Addition, for National
Computer Systems located along the north side of Lone Oak Road and
west of Eagandale Boulevard in the southwest quarter of Section 3,
subject to the following conditions:
1. The development accept the financial obligations as
identified for the benefit received from Lone Oak Road, the benefit
received from the existing sanitary sewer along the north side of
Lone Oak Road, and the construction of an 8' wide bituminous trailway
consistent with existing zoning of the proposed development and in
accordance with the City of Eagan's Comprehensive Trailway Plan.
2. The development is responsible for dedicating the appropriate
public utility easement for the proposed water main system for the
National Computer Systems development.
3. The development is responsible for the adjustment of and
damage to any existing City utility system associated with site
development.
4. All utilities necessary to provide service to this
development shall be designed by a registered professional engineer
in accordance with City Codes and engineering standards and policies
and approved by staff prior to building permit issuance.
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November 15, 1988
5. A detail grading, drainage, erosion and sediment control plan
must be prepared in accordance with City standards and approved by
staff prior to issuance of the building permit.
6. If any public improvements are to be installed under a City
Contract, the appropriate project must be approved by Council action
prior to issuance of the building permit.
7. The development is responsible for the acquisition of all
regulatory agency permits in the time frame required by the affected
agency prior to issuance of the building permit.
8. The development is required to provide a 30' parking setback
for a distance of 300' north of Lone Oak Road.
9. No part of Parcel A may be split or transferred without the
approval of the City Council.
All voted in favor. R-88.90
RE-ZONING/PRELIMINARY PLAT/THOMAS SLATER ADDITION
Community Development Director Dale Runkle updated the Council
on the matter and stated that the APC recommended approval.
Wachter moved, Egan seconded, the motion to approve the
re-zoning of 1.58 agricultural acres to an R-1 (single family)
district in the Thomas G. Slater Addition. All voted in favor.
Wachter moved, Gustafson seconded, the motion to approve a
preliminary plat consisting of 2 lots located north of Rusten Road
and Storland Avenue in the southwest quarter of Section 31, subject
to the standard conditions of plat approval as adopted by Council
action on September 15, 1987, shall be complied with: B-1, B-2, B-3,
B-4, C-l, C-2, C-5, D-1, E-1, F-1, and G-1. All voted in favor.
RE-ZONING/THOMAS LAKE CENTER ADDITION
Gustafson moved, Wachter seconded, the motion to continue the
re-zoning of Lot 11, Block 1, Thomas Lake Center Addition, from
single family to public facility for Well No. 13 to the December 6,
1988, City Council meeting. All voted in favor.
CITY ATTORNEY UPDATE
City Attorney Jim Sheldon updated the Council on the status of
pending litigation and other legal matters.
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November 15, 1988
PROJECT 543/SKYLINE DRIVE/SIBLEY HILLS DRIVE UPGRADING (PRETTYMAN
HEIGHTS)
Public Works Director Tom Colbert briefly reviewed the
assessment options to the Council. He also outlined the formula used
to determine the amount of area assessment. He answered questions
from the Council regarding the benefits, location, etc. Councilmember
Egan was concerned with the landowners in the interior. Councilmember
Wachter felt it was a logical approach. There was much Council
discussion regarding the policy. Mayor Ellison suggested a
neighborhood meeting followed by the public hearing. City
Administrator Hedges suggested proceeding by setting up a meeting
with the neighbors and scheduling a public hearing for December 20,
1988. He stated the matter could be further discussed at the Special
Council Meeting. He recommended delaying the sending of the notices
until after the November 22, 1988, meeting.
Egan moved, Wachter seconded, the motion to receive the draft
feasibility report for Project 543 (Sibley Hills Drive/Skyline Drive
- Streets and Utilities) and schedule a public hearing to be held on
December 20, 1988. All voted in favor.
PROJECT 85-KK/HAMPTON HEIGHTS
Gustafson moved, Egan seconded, the motion to accept the streets
and utilities installed within Hampton Heights under Project 85-KK.
All voted in favor.
HICKOCK AND ASSOCIATES
Egan moved, Wachter seconded, the motion to cancel the contract
with Hickock and Associates to perform the water quality management
plan and related engineering services. All voted in favor.
PARKING BAN
The policy for the snow removal parking ban was discussed with
the suggestion that violators would receive a warning after the first
snowfall; a tag after the second snowfall and a tag and tow after the
third snowfall.
PETITION/LEXINGTON POINTE/TRAILWAY
It was agreed that the condition regarding the trailway would
remain as originally approved.
BERRYRIDGE ADDITION
Wachter moved, Egan seconded, the motion to assume the cost of
approximately $6,000.00 to extend the water main in the Berryridge
Addition to meet City standards. All voted in favor.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
November 15, 1988
HIGHVIEW PARK LIGHTS
Wachter moved, Gustafson seconded, the motion to declare the
Highview Park lights surplus property and negotiate a sale to the
City of Rosemount. All voted in favor.
RECYCLING EMPLOYEE/INTERN
McCrea moved, Egan seconded, the motion to authorize the
employment of an intern to assist in the recycling program for
approximately nine months in 1989. All voted in favor.
COUNSEL DISCUSSIONS
Councilmember Gustafson stated that he felt the McCarthy article
was unfair and that the City should respond. Councilmember Egan
reminded the Council of the noise symposium meeting. Councilmember
McCrea stated she felt the meetings were becoming too long.
BILLS
Wachter moved, Egan seconded, the motion to approve the
checklists dated October 31, 1988, in the amount of $2,051,098.02 and
dated November 15, 1988, in the amount of $842,333.61. All voted in
favor.
ADJOURNMENT
Upon motion duly made by Wachter, seconded by Egan, the meeting
was adjourned at 12:30 a.m. All voted in favor.
CITY OF EAGAN
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By:
. ".hTverbeke
Its: Clerk