09/19/1988 - City Council Regular
MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 19, 1988
A regular meeting of the Eagan City Council was held on Monday,
September 19, 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, Assistant City Planner Jim Sturm
and Assistant City Attorney Michael Dougherty.
AGENDA
Wachter moved, McCrea seconded, the motion to approve the agenda
as presented. All voted in favor.
MINUTES
September 6. 1988. Mayor Ellison requested the following changes
to the minutes:
Page 4, paragraph 6, correct typographical error from "logo" to
"local
Page 14, paragraph 3, correct "Perry" to "Per".
Page 19, last paragraph, third sentence, should read "He stated
that if the Council approved the prior plan, the developer would have
the ball in its court."
Page 32, second paragraph, should read "Councilmember Wachter
stated that the McKey Addition was also in the middle of an area that
the comprehensive guide plan showed as Light Industrial."
Page 33, paragraph 5, third sentence, should read "Mr. Gustafson
stated that ownership requires 6,000 square feet."
Page 35, paragraph 5, "7:00 p.m." should be changed to "8:00
p.m." The vote should read "Gustafson, Ellison and Egan voted in
favor; McCrea was opposed. Councilmember Wachter did not vote."
Councilmember Egan requested the following changes:
Page 20, paragraph 2, "Egan's" should be changed to "Eagan's".
Page 21, paragraph 8, should read: "Mayor Ellison questioned
what would happen beyond the 120-day limit. City Attorney Jim Sheldon
stated the preliminary plat would be approved without further action
and that the Council must act on the preliminary plat or it would be
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September 19, 1988
approved. However, since the previous motion for approval had failed,
that would serve as a denial."
McCrea moved, Wachter seconded, the motion to approve the
minutes for the September 6, 1988, regular meeting as amended. All
voted in favor.
BOND SALE FOR $13,400,000.00 G.O. AND $1,850,000.00 FIRE FACILITIES
BONDS
City Administrator Tom Hedges stated that at the August 16,
1988, City Council meeting, authorization was given to set a bona
sale for G.O. public improvements and for Fire Stations 4 and 5 on
September 19, 1988. As a part of that action, a bond credit rating
was authorized from Standard and Poor's and Moody's. He informed the
Council that Councilmember Egan, Director of Finance VanOverbeke and
himself appeared before Standard and Poor's and Moody's and had been
notified that the A+ rating of Standard and Poor's would continue and
the previous A rating of Moody's had been upgraded to an Al status.
Both rating agencies were highly complimentary of the City of Eagan
and it appeared that when the amount of outstanding debt of the
public improvements/special assessment projects is reduced,
proportionate to assessed valuation, the credit rating would more
than likely be increased from its present status. He further stated
that the bond sale was held on Monday, September 19, 1988, at 12:00
noon.
Dave MacGillivray, Springsted, presented to the Council the bid
summaries. He recapped the New York trip, and highlighted the strong
points of Eagan's financial situation. He also reviewed the bid
results and the property tax levy schedule with the Council.
Councilmember Egan questioned if the rating had increased on the
last trip. City Administrator Tom Hedges stated it had either
increased the last time or the time before. Mr. Egan stated he felt
these were outstanding results. Mayor Ellison questioned the
indebtedness in measure of safety. He asked if the City was on the
good end. Mr. MacGillivray stated the Al rating was in recognition of
good debt position. Councilmember McCrea questioned if the term on
the $13,400,000.00 was the same. Mr. MacGillivray stated that both
end in the year 2004.
Mayor Ellison questioned if two actions were necessary. City
Administrator Tom Hedges stated two actons were required.
McCrea moved, Egan seconded, the motion to approve the
resolution for accepting the lowest bid from Norwest Investment
Services, Incorporated for $13,400,000.00 general obligation and
public improvement bonds. All voted in favor.
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September 19, 1988
McCrea moved, Egan seconded, the motion to approve a resolution
for accepting the lowest bid from Norwest Investment Services,
Incorporated in the amount of $1,850,000.00 general obligation fire
facilities bonds. All voted in favor.
RETIREMENT NOTICE - CHIEF OF POLICE JAY BERTHE
City Administrator Tom Hedges informed the Council he had
received a letter from Chief of Police Berthe announcing his plans to
retire, effective January 20, 1989, from the City of Eagan. He
further stated that for all practical purposes, Chief Berthe is a
charter member of Eagan's first police department during his tenure
as an officer, sergeant, assistant chief and most recently Eagan's
Chief of Police.
Mayor Ellison expressed his appreciation to Chief Berthe for his
20+ years of service. He stated Eagan had seen much change since
Chief Berthe began working for the City of Eagan.
Chief Berthe thanked the police staff and stated they were a
great group. He further thanked all department heads, the City
Council, past and present, the citizens and the business people of
the City of Eagan.
Wachter moved, Egan seconded, the motion to accept, with
reluctance, the retirement notification of Jay Berthe as an employee
of the City of Eagan to be effective January 20, 1989, and authorize
the City Administrator to begin the selection process for a Chief of
Police. All voted in favor.
CONSIDER PETITION FOR STOP SIGN - BEAVER DAM ROAD AT BEAR PATH TRAIL
Public Works Director Tom Colbert informed the Council a
petition had been received requesting the installation of stop signs
on Beaver Dam Road at its intersection with Bear Path Trail. He
stated that because the installation of stop signs at this
intersection as petitioned does not meet the warrants in accordance
with the manual on Uniform Traffic Control Devices, he was forwarding
the request directly to the City Council for review and action. He
stated the following reasons why he could not recommend approval of
the petition:
1. There is insufficient cross traffic to warrant the stopping
of Beaver Dam Road.
2. There presently exists a five-foot concrete sidewalk along
the west side of Beaver Dam Road for pedestrian movement.
3. The entrance to the park property is located opposite Shale
Lane on Beaver Dam Road and SunCliff Road on Bear Path Trail
approximately two blocks east of the intersection in question.
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September 19, 1988
4. The installation of "slow children at play" signs has been
reserved for locations adjacent to specific areas where congregations
of children are anticipated.
5. With the existence of cross guards and portable stop signs on
school buses, it is not appropriate to install stop signs at every
school bus stop.
6. A frequently used pedestrian crosswalk, appropriate crosswalk
striping and advance signings could be installed.
Cynthia A. Davis and Don A. Scheneman, petitioners, stated they
were requesting the signs because there are a number of small
children in the neighborhood and they are continuing to see increased
traffic flow through Bear Path Trail. They further stated that
Meadowland Park was just across the road and that the new Cub and
Target added to the traffic and that the intersection slopes downward
and people tend to speed.
Mayor Ellison asked Mr. Colbert to review the criteria. Mr.
Colbert stated that traffic flow signs should not be used for speed
control. He further stated that if signs were put in at all bus
stops, there would be a proliferation of stop signs. Mayor Ellison
stated that the City could increase the police surveillance in the
area.
Tim Camron diagrammed to the Council where his dwelling was
located. He further explained how children access the park.
Mayor Ellison questioned how many car trips there were in the
area per day. Mr. Colbert stated he was unsure. Councilmember Wachter
stated he felt the Council should have that information before making
a decision.
Eileen Peterson stated that many semi-trailer trucks were using
the road and that the road was becoming a raceway. Councilmember Egan
stated that a speed study could be obtained to see if the
intersection was unsafe and whether it was appropriate to control the
area. Chief Berthe stated the police department would conduct a speed
study. Councilmember Wachter questioned if the increase of traffic
and speed was due to the Rahn Road closing. The public stated they
felt the children crossing to the park was the main reason for their
concern.
Wachter moved, Egan seconded, the motion to continue the matter
of installation of stop signs on Beaver Dam Road at Bear Path Trail
to obtain a speed study regarding the number of daily trips and the
speed levels in the area. All voted in favor.
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September 19, 1988
Councilmember Gustafson questioned at what level the Council
would approve the installation of the signs. He asked what was the
criteria. Mr. Wachter stated the Council would obtain a
recommendation from the police department. Councilmember McCrea
stated she recalled that there were no bike trails or sidewalks on
the east side of the road. Mr. Hedges statea she was correct. McCrea
stated she felt a stop sign was a small price to pay for children's
safety.
WATER QUALITY MANAGEMENT COMMITTEE MEMBERSHIP
Public Works Director Tom Colbert stated that on September 6,
1988, the City Council accepted the resignation of Doug Wilcox as a
committee member representative to the Water Quality Management
Committee and appointed a designated alternate, Richard Starr, to
replace Mr. Wilcox as the full committee member citizen
representative. He stated the Council then appointed Mr. Karl Heine
as the alternate citizen representative to the committee. He informed
the Council that Mr. Starr will be unable to attend future committee
meetings due to a time conflict. The committee reviewed the situation
and determined that there were no other times better suited for the
majority of the members. Therefore, due to Mr. Starr's inability to
attend future committee meetings, it was his recommendation that Mr.
Starr's position as full citizen representative be replaced by a new
member. He suggested this could be accomplished by either an
elevation of Mr. Heine, who was recently appointed as the alternate,
and then filling his position with one of the two remaining
applicants.
McCrea moved, Gustafson seconded, the motion to elevate Karl
Heine to the position of full citizen representative to the Water
Quality Management Committee. All voted in favor.
The Council then voted for the alternate citizen representative
to the committee. City Administrator Tom Hedges informed the Council
that Barb Agne had received the majority of the votes and would be a
designated alternate on the Water Quality Management Committee.
DESIGNATION OF REDUCED SCHOOL ZONE SPEED LIMIT - WESCOTT ROAD AT
WOODLANDS ELEMENTARY
Public Works Director Tom Colbert informed the Council that a
petition had been received requesting consideration of reducing the
speed limit on Wescott Road in front of the Woodlands Elementary
School. He stated that current state statute provides the authority
to the local jurisdiction to reduce speed limits on roadways directly
adjacent to school property "when children are present". He further
stated that the Public Works and Parks Departments were jointly
performing a study pertaining to the winter maintenance of sidewalks
and trailways adjacent to schools, as well as the entire community
and would be presenting a report to the Council for consideration in
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September 19, 1988
the near future. He recommended to the Council that only the reduced
school zone speed limit issue be addressed at that time with
additional sidewalk/trailway construction and/or maintenance policies
to be addressed subject to completion of the staff's report.
Councilmember Wachter questioned if it should continue to
Lexington. Mr. Colbert stated it was a half mile from Lexington.
Councilmember Egan questioned the purpose of the road cut across from
the school. Mr. Colbert stated it was for future development.
Wachter moved, Gustafson seconded, the motion to approve a
reduced school zone speed limit on Wescott Road adjacent to Woodlands
Elementary. All voted in favor.
Public Works Director Colbert stated the City could request
MnDOT to do a speed study to extend to Lexington.
CONSENT AGENDA
A. Personnel Items - Seasonal Park Maintenance Worker.
Two of the five seasonal park maintenance workers who were
approved for hire by the Council at the September 6, 1988, City
Council meeting notified the City that they had decided not to accept
the City's offer of a seasonal maintenance position. The
Superintendent of Parks needed workers to begin before the September
19, 1988, Council meeting and had interviewed acceptable candidates
who were able to begin work immediately. Therefore, the City
Administrator exercised the previous authorization given to him by
the City Council wherein he could approve the hiring of seasonal or
temporary workers only in cases where the seasonal workers were
needed to begin working before the next Council meeting. The persons
so approved as seasonal park maintenance workers for the fall season
were Jamie Noyes and Steve Baeher. No action was required on this
item.
B. Plumbers' Licenses.
It was recommended to approve the following plumbers' licenses:
AAA - Ace Plumbing; Bowler Company; John Murdock and Son; and Don
Weld Plumbing.
C. License, Liquor, New Manager/Lafonda De Acebo.
It was recommended to approve a liquor license application for a
new manager at Lafonda De Acebo Restaurant in the name of Joseph
Harker.
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September 19, 1988
D. Vacate Sanitary Sewer Easement. Receive Petition/Order Public
Hearing (Stoney Pointe)..
It was recommended to receive the petition to vacate a portion
of an existing sanitary sewer easement within the Stoney Pointe
Addition and schedule a formal public hearing to be held on October
18, 1988.
E. Receive Bids. Award Contract (Well No. 12).
It was recommended to receive the bid for Contract 88-31 (Well
No. 12), award the contract to Keys Well Drilling, Inc., in the
amount of $121,425.00 and authorize the Mayor and City Clerk to
execute all related documents.
F. Contract 88-30, Receive Bids, Award Contract (South Oaks -
Streets and Utilities).
It was recommended to receive the bids for Contract 88-30 (South
Oaks - Streets and Utilities), award the contract to the lowest
responsible bidder and authorize the Mayor and City Clerk to execute
all related documents.
G. Contract 88-34. Approve Plans/Authorize Advertisement for
Bias (Alden Pond, Fox Ridge - Streets and Utilities).
It was recommended to approve the plans for Contract 88-34
(Alden Pond, Fox Ridge - Streets and Utilities) and authorize the
advertisement for a bid opening to be held at 10:30 a.m. on Friday,
October 14, 1988.
H. Final Acceptance. Miscellaneous Projects.
It was recommended to approve the final acceptance of
miscellaneous privately installed improvements for perpetual
maintenance: 83-E, O, Q; 84-I, K, L, U, W, ; 85-A, M; 86-G, I, 0, P, V, FF; and
87-T,JJ.
I. Contract 88-37. Approve Plan/Authorize Advertisement for Bids
(Cutter's Ridge and General Electric - Utilities).
It was recommended to approve the plans for Contract 88-37
(Cutter's Ridge and General Electric Supply Company - Utilities) and
authorize the advertisement for bid openings to be held at 11:00 a.m.
on Friday, October 14, 1988.
J. Final Plat. Stratford Oaks Addition.
Public Works Director Tom Colbert updated the Council with
further information on the problems with the improvement. He stated
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September 19, 1988
it was too late to acquire a right-of-way before the final plat
approval. He further stated the utility easement would need to be
revised.
It was recommended to approve the final plat for the Stratford
Oaks Addition and authorize the Mayor and City Clerk to execute all
related documents. R-88.69
K. Final Plat Approval. Berry Ridge Addition.
It was recommended to approve the final plat for the Berry Ridge
Addition and authorize the Mayor and City Clerk to execute all
related documents. R-88.70
L. Vacation. Drainage/Utility Easement - Lot 8, Hilltop of
Eagan.
It was recommended to approve the vacation of drainage and
utility easements over Lot 8, Hilltop of Eagan and authorize the
Mayor and City Clerk to execute all related documents.
M. Contract 87-40. Final Payment/Acceptance _(Gopher Eagan
Industrial Park 2nd Addition - Streets and Utilities).
It was recommended to approve the fifth and final payment for
Contract 87-40 (Gopher Eagan Industrial Park 2nd Addition - Streets
and Utilities) to Austin P. Keller Construction Company, Inc., in the
amount of $7,317.39 and accept the project for perpetual City
maintenance.
N. Contract 87-19, Final Payment/Acceptance (Windtree 8th
Addition - Streets and Utilities).
It was recommended to approve the fifth and final payment for
Contract 87-19 (Windtree 8th Addition - Streets and Utilities) to
Austin P. Keller Construction Company, Inc., in the amount of
$13,905.88 and accept the project for perpetual City maintenance.
0. Contract 85-18. Approve Change Order No. 1 (UPS - Streets and
Utilities).
It was recommended to approve Change Order No. 1 to Contract
85-18 (UPS 1st Addition - Streets and Utilities) and authorize the
execution by the Mayor and City Clerk.
P. Cancel Project and Pending Assessments (Brittany 10th
Addition - Trunk Watermain).
Councilmember Gustafson questioned if the entire project were to
be cancelled. Public Works Director Tom Colbert stated yes.
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September 19, 1988
It was recommended to approve the cancellation of Project 513
(Brittany 10th Addition - Trunk Watermain) and remove all pending
assessments of record.
Q. Project 449. Cancel Project/Pending Assessments (Country Club
Market - Driveway Extension).
It was recommended to approve the cancellation of Project 449
(Country Club Market - Driveway Extension) and remove the related
pending assessments.
Egan moved, Wachter seconded, the motion to approve the
foregoing consent agenda items and authorize their implementation.
All voted in favor.
FIRE DEPARTMENT UPDATE
Chief Southorn commended Police Chief Berthe for his service to
the Fire Department.
Chief Southorn informed the Council that the Burnsville American
Legion Post had donated $500 to both the police and fire departments
and that an official presentation would be held at the American
Legion Post on September 20, 1988.
VACATION/PARTIAL RIGHT-OF-WAY/MENDOTA WAGON ROAD
Mayor Ellison opened the first public hearing of the evening
regarding the vacation of partial right-of-way for Mendota Wagon
Road.
Public Works Director Tom Colbert stated that on August 16,
1988, the City Council received a petition from the Riverview
Development Company requesting the vacation of a partial right-of-way
known as Mendota Wagon Road located in the northeast corner of the
intersection of Lone Oak Road and railroad overpass. He further
stated the City had received a letter from a representative of the
Northern States Power Company expressing concerns about the impact of
this vacation on their existing overhead power distribution lines
located within this right-of-way. He further stated the condition
could be placed on the execution of the resolution vacating this
public right-of-way that either a public utility easement be retained
for the existing overhead power line or that a formal document be
drafted conveying those easement rights for that existing facility.
Lloyd Stern, Attorney for Riverview Development, informed the
Council that they will work with NSP to keep the easement.
Wachter moved, Egan seconded, the motion to close the public
hearing and approve the vacation of a partial right-of-way for
Mendota Wagon Road and authorize the Mayor and City Clerk to execute
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September 19, 1988
all related documents, subject to NSP's easement rights being
protected. All voted in favor.
VACATION/PARTIAL RIGHT-OF-WAY/PORTION OF CEDARVALE DRIVE
McCrea moved, Wachter seconded, the motion to close the public
hearing and take no action regarding the vacation of public
right-of-way for a portion of Cedarvale Drive. All voted in favor.
PRETTYMAN HEIGHTS/STREETS
Egan moved, McCrea seconded, the motion to continue the public
hearing for Project 543 (Prettyman Heights - Streets) to October 6,
1988. All voted in favor.
FINAL ASSESSMENT HEARING/PROJECTS 496, 517, 500, 461, 516, 485, 494,
491, 498, 499, 473, AND 506
Mayor Ellison opened the public hearings regarding the final
assessments.
Public Works Director Tom Colbert informed the Council that 12
projects had their final assessment rolls prepared with the public
hearing scheduled for September 19, 1988. He stated that 1,255
parcels were assessed a total of $7,551,586.41, with City trunk funds
financing $485,326.94. He further stated that all assessments were
levied in accordance with City policies and/or the methods defined in
the feasibility report presented at the Projects' respective public
hearings. All notices for the final assessment hearings were sent to
all affected property owners informing them of their proposed final
assessment obligations. All notices were published in the legal
newspaper as required by state statute.
PROJECT 496, BRITTANY 10TH, TRUNK STORM SEWER
Gustafson moved, McCrea seconded, the motion to close the public
hearing and approve the final assessment roll for Project 496,
Brittany 10th Addition - Trunk Storm Sewer and authorized the
certification to the County for collection. All voted in favor.
PROJECT 517, SAINT FRANCIS WOODS 6TH ADDITION, STREETS AND UTILITIES
Mr. Gieffer, developer of Saint Francis Woods, informed the
Council he had concerns because the project was not yet completed. He
stated that if the project was not cleaned up, he wanted deductions
to allow him to do the job. He stated the ground would also need
repair.
Public Works Director Tom Colbert stated the City has a contract
with a performance bond to guarantee performance of the work.
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September 19, 1988
Councilmember Wachter stated he felt Mr. Gieffer had a legitimate
concern and that caution should be taken in the matter.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for Project 517, Saint
Francis Woods 6th Addition, Streets and Utilities, and authorize the
certification to the County for collection. All voted in favor.
PROJECT 500, EAGAN ROYALS/BRIAR OAKS, TRUNK UTILITIES
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for Project 500, Eagan
Royale/Briar Oaks, Trunk Utilities, and authorize the certification
to the County for collection. All voted in favor.
PROJECT 461, YANKEE DOODLE ROAD, I-35E TO LEXINGTON AVENUE, STREETS
Public Works Director Tom Colbert introduced the project to the
Council and informed them the matter had been continued from the
September 6, 1988, Council meeting. He further stated the developer's
concerns had been resolved and that the City had received a written
objection from O'Neil.
Martin Colon (Federal Land Company) presented a written protest
to the Council and stated he felt there were substantial differences.
Nels Nelson, Barr Engineering, presented the Council with a
prepared report. He stated he felt some frontage had been assessed
twice and he questioned the assessment methods. He felt the
assessments should be lower.
Mayor Ellison asked if the standard assessment policy had been
used. Mr. Colbert stated the standard assessment policy had been
used. Councilmember Egan stated the City has policies which are to be
used for County funding and questioned if these policies had been
used. Mr. Colbert stated the policies had been used.
McCrea moved, Gustafson seconded, the motion to continue Project
461, Yankee Doodle Road, I-35E to Lexington Avenue - Streets, for two
weeks.
Public Works Director Tom Colbert stated he felt two weeks was
not enough time and recommended 30 or 60 days. He further stated that
in either case, the City would not make the certification deadline.
Councilmember McCrea withdrew her motion.
McCrea moved, Gustafson seconded, the motion to close the public
hearing and continue the final assessment roll for Project 461,
Yankee Doodle Road, I-35E to Lexington Avenue - Streets, for 60 days
N C", 0714
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September 19, 1988
to provide further analysis and notification to the O'Neil property.
All voted in favor.
Councilmember McCrea voiced her concern regarding consistent
implementation of the policy. She stated the City must be consistent.
PROJECT 516, GOPHER EAGAN 2ND ADDITION, STREETS AND UTILITIES
McCrea moved, Gustafson seconded, the motion to close the public
hearing and approve the final assessment roll for Project 516, Gopher
Eagan 2nd Addition - Streets and Utilities, and authorize the
certification to the County for collection. All voted in favor.
PROJECT 485, NORTHVIEW PARK ROAD, STREETS AND UTILITIES
Wachter moved, Gustafson seconded, the motion to close the
public hearing and approve the final assessment roll for Project 485,
Northview Park Road, Streets and Utilities, and authorize the
certification to the County for collection. All voted in favor.
PROJECT 494, EAST WESCOTT ROADS, STREETS AND UTILITIES
PROJECT 491, EAGAN HILLS FARM, STREETS AND UTILITIES
Public Works Director Tom Colbert introduced both projects to
the Council. He stated they would be reviewed for technical errors.
He further stated the City had received three objections to Project
494. Mayor Ellison stated the Council would be dealing with both
matters at one time.
Mr. Keiffer questioned the benefits. Mr. Colbert stated that
storm sewers do not have to directly abut property. Mr. Keiffer
stated his property does not drain into the storm sewer. Mr. Colbert
stated that the land could be raised or the owner could extend
laterals to allow drainage into the storm sewers.
Homer Fox, Lot 1, Block 10, questioned if it was a partial
assessment and asked if there would be another. Mr. Colbert stated he
would not be assessed for future trunk area sewer. However, other
lateral improvements may cause assessments to his property.
Councilmember Egan questioned if the Fox property was in a
subdivision. Mr. Colbert stated his property was in the Hills of
Stonebridge.
Public Works Director Tom Colbert identified the objections for
Project 491.
Egan moved, McCrea seconded, the motion to close the public
hearing and approve the final assessment roll for Project 491, Eagan
Hills Farms, Street and Utilities, except for Parcel 10-02400-010-78
(Hanson) in Section 24 - which exception will be forwarded to the
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September 19, 1988
Special Assessment Committee, and authorize the certification to the
County for collection. All voted in favor.
Egan moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for Project 494, East
Wescott Road, Streets and Utilities, except for Parcel Numbers
010-82, 020-82 and 020-78 in Section 14 - which exceptions will be
forwarded to the Special Assessment Committee, and authorize the
certification to the County for collection. All voted in favor.
PROJECT 498, STAFFORD PLACE, STREETS AND UTILITIES
Public Works Director Tom Colbert introduced the project to the
Council and recommended the roll be modified as an error had been
discovered.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll subject to
modification, for Project 498, Stafford Place, Streets and Utilities,
and authorize the certification to the County for collection. All
voted in favor.
PROJECT 499, CHAPEL HILL BAPTIST CHURCH, STREET
Public Works Director Tom Colbert introduced the project to the
Council. Mrs. Schindeldecker stated she had an agreement with the
City that utilities would be brought to the property. She objected to
the payment for the improvements. Mr. Colbert stated the developer
would complete the project in two to three years and that the street
improvements did not relate to the utilities.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve the final assessment roll for Project 499, Chapel
Hill Baptist Church, Streets, and authorize the certification to the
County for collection. All voted in favor.
PROJECT 473, PILOT KNOB ROAD, TRUNK STORK SEWER
Public Works Director Tom Colbert introduced the project to the
Council and listed the objections.
Councilmember McCrea questioned why the Tom Berger letter was
dated in 1986. Mr. Colbert stated the public hearing was held in
1986.
Bernard Fritz, 1280 Deerwood, asked for an explanation of the
procedure for assessments. Mr. Colbert explained the procedure.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for Project 473, Pilot
Knob Road, Trunk Storm Sewer, except Parcel Nos. 10-02200-012-86
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September 19, 1988
(Rooney), 10-02200-010-80 and 10-02200-010-84 (Caponi),
10-02200-016-54 (Kohler), 10-02200-011-85 (Bergin), and
10-02200-014-54 (Fritz) in Section 24 - which exceptions will be
forwarded to the Special Assessment Committee, and authorize the
certification to the County for collection. All voted in favor.
PROJECT 506, PARKCLIFF 2ND ADDITION, STORK SEWER
Public Works Director Tom Colbert introduced the project to the
Council and listed the objections.
Vicky Benson stated she opposed Mr. Winkler's objection to pay
his share and that the residents did not want to pay any portion of
the assessment.
Mr. Colbert briefly described the history of the problem. He
stated there was a problem with the original storm sewer
improvements. Councilmember Wachter questioned which lots were still
undeveloped.
John Koetz reminded the Council that Mr. Colbert had declared
that the old system was inadequate. He stated he felt the developer
was the cause and that the developer must be responsible for the
assessments. He questioned to what extent the City Attorney would
pursue the developer.
Mr. Colbert stated several meetings were held with the
developer. He was unaware of a legal avenue other than litigation and
further stated that litigation costs may exceed the assessment
amount.
Mayor Ellison asked the Assistant City Attorney if the City
could assess Winkler's 1/3 cost to the seven lots in the subdivision
still owned by Winkler. Assistant City Attorney Mike Dougherty stated
the City must assess based on the benefit to the lots. He stated the
City could not assess the full 1/3 against the seven lots and that
1/3 must be recovered on a contractual basis.
Penny Taylor, 4691 Park Ridge, stated that Mr. Winkler had been
very uncooperative. She further stated that Mr. Winkler was building
other units in Eagan.
Rich Thorlow stated it was not an improvement but simply a
repair of a deficiency. He complained about standing water in a pond
on the lot and that Mr. Winkler had been uncooperative. He further
stated that the City had given a stamp of approval to the old system.
Robert Byersdorf, 4656 Park Ridge, stated there was an agreement
between Winkler and the City. He further stated that he felt the
owners were not responsible and submitted his objection.
Page 15/CITY COUNCIL MEETING MINUTES
September 19, 1988
Councilmember Egan questioned if the City could hold up other
Winkler developments. Assistant City Attorney Mike Dougherty informed
the Council it would be easier to leverage future proposals than ones
already existing.
Councilmember Egan stated he felt there were two issues to be
considered: (1) the liability for improper improvements and (2)
special assessments. He felt the City could not assess 1/3 to the
seven lots. However, he felt the liability on the project itself
wasn't relieved. He stated the City did approve the concept when it
first came in and so was somewhat responsible. He stated the reason
for the neighborhood 1/3 was because the neighbors would benefit. He
further stated he was surprised there had been no agreement from
Winkler yet.
Councilmember McCrea questioned if the meetings with Winkler
were documented. She suggested postponing the matter for 30 days and
asked for a rejection in writing by Winkler. Mr. Colbert stated he
had done that and that it was in the Council's handouts.
Councilmember McCrea felt there should be legal research conducted to
discover a way to make Winkler pay his fair share. She asked if the
utilities were privately installed. Mr. Colbert stated they were
privately installed utilities.
Mayor Ellison stated that one year ago the City had agreed that
they would assume 1/3 because of their involvement and 1/3 to all
parties was fair. He stated that if the City levies 2/3 on the
neighborhood, Winkler would never pay. He further stated that if the
City assesses 1/3 to the neighbors and the City, and the City
temporarily eats the developer's 1/3, the City may get the 1/3 back.
He discussed different ways the City would have leverage over the
developer. He felt a motion should be made at the meeting.
Councilmember Egan agreed with the Mayor. Councilmember Wachter
stated he felt the time to hit the developers was when the building
permit was needed. He stated there must be some recourse. Mayor
Ellison stated that the problem may be in allowing private developers
to install the improvements.
Egan moved, Ellison seconded, the motion to close the public
hearing and approve the final assessment roll for Project 506,
Parkcliff 2nd Addition, Storm Sewer, subject to the cost of the
project being assessed 1/3 to the neighboring parcels, 1/3 to the
City, and 1/3 to the City with the understanding that all options be
examined to leverage payment from the developer. All voted in favor.
DELINQUENT WEED CUTTING BILLS
City Administrator Tom Hedges stated that on August 16, 1988,
the City Council scheduled a public hearing for September 19, 1988,
mod'
Page 16 CITY COUNCIL MEETING MINUTES ;;ALa T
September 19, 1988
to receive input from affected property owners regarding the
assessment of delinquent weed cutting bills.
Councilmember McCrea questioned if the property owners had been
notified. Mr. Hedges stated they were notified. Councilmember Wachter
asked why the City had this problem. Mr. Hedges stated it was
undeveloped land.
McCrea moved, Wachter seconded, the motion to close the public
hearing and approve the final assessment roll for delinquent weed
cutting bills and authorize the certification to the County for
collection. All voted in favor.
Councilmember Gustafson stated he felt commercial properties
should be billed higher than the going rate. He felt the interest
rate should be at 18% rather than 9%.
DELINQUENT UTILITY BILLS
City Administrator Tom Hedges informed the Council that on
August 16, 1988, a public hearing was scheduled for September 19,
1988, to receive input from affected property owners regarding the
assessment of delinquent sewer and water bills.
Councilmember Gustafson asked if there was the potential of
financial hardship. Mr. Hedges stated that he doubted that any of the
parcels which would be assessed would be included in a financial
hardship.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve the final assessment roll for delinquent utility
bills and authorize the certification to the County for collection.
All voted in favor.
PROPOSED 1989 GENERAL FUND OPERATING BUDGET
City Administrator Tom Hedges stated the City Council had held
three budget sessions to date to review his proposed 1989 general
fund budget. He stated the budget process began in late May when
department heads were asked to compile their individual departmental
budgets for calendar 1989. The total departmental requests for 1989
exceeded $13 million. Mr. Hedges stated he reviewed the departmental
requests and recommended an operating budget in excess of $11 million
that included increased personnel, a capital equipment revolving
fund, a contingency and new revenue sources. At the budget workshop
meetings, the City Council had reduced the proposed expenditures by
eliminating approximate 6 positions, reducing the amount of
contingency and separating the solid waste abatement grant from the
operating budget. Revenues were adjusted to reflect a more
conservative projection for 1989. Mr. Hedges further stated the
general fund budget under consideration by the City Council was for
Page 17/CITY COUNCIL MEETING MINUTES '
September 19, 1988
$10,495,780.00. He felt the budget as proposed reflected a constant
level of service for most of the departments. The excess growth in
terms of street miles, population and other factors that require
additional personnel and equipment to maintain a constant delivery of
services were considered in the proposed operating budget. He stated
the City Council would reserve the right to further examine the
budget and shift expenditure appropriations or revenue estimates as
they saw fit prior to its final adoption later in the fall. The
purpose of the public hearing was to allow any input from the public
regarding the delivery of services within the community. The mill
rate which was under consideration by the City Council and will be
formally adopted at the October 4, 1988, City Council meeting is
19.258 mills. The mill rate represents a reduction of approximately
.2 mills from the 1988 mill rate.
Mr. Hedges stated the City must keep up with the growth and the
assessed valuation. He further stated thoughts should be given to
other revenue sources. He informed the Council the final budget would
come in late November or early December, 1988. Mr. Hedges informed
the public that there was a handout available to them for their
information.
No action was required on this matter.
COMPREHENSIVE GUIDE PLAN AMENDMENT/SOLDERHOLM ADDITION/EAGLE
ENTERPRISES/PLANNED DEVELOPMENT AMENDMENT (RE-ZONING)
City Administrator Tom Hedges informed the Council that the
Advisory Planning Commission first held a public hearing at their May
26, 1988, meeting and recommended approval of the Comprehensive Guide
Plan Amendment, re-zoning and preliminary plat for the Solderholm
Addition as originally proposed. The item was considered by the City
Council at their June 21, 1988, meeting and due to concern over
access at the county road intersection of Lexington and Diffley, the
inconsistency with the Comprehensive Guide Plan and a desire to
review the retail study results, the item was continued until the
July 19, 1988, City Council meeting. At the consent of the developer,
the item was continued to further dates to allow the Dakota County
Plat Commission an opportunity to review the access locations being
proposed for the Solderholm development. The Dakota County Plat
Commission held a meeting on September 12, 1988.
Assistant City Planner Jim Sturm updated the Council on the
development and stated he had attended the Dakota County Plat
Commission meeting on September 12, 1988, in an effort to resolve the
access locations which were proposed for this development. After
several hours of discussions, the revised plan was approved by the
Commission with emphasis that it requires a variance from the County
spacing guidelines. Mr. Sturm stated that SEE supported the revised
plan and while its plan shows center medians, the County had not made
their determination of whether or not they feel they are necessary.
Page 18/CITY COUNCIL MEETING MINUTES
September 19, 1988
Del Elias, developer, stated they could live with the current
design which eliminates three access points and is replaced with one.
He further stated shared parking would be used and they may be able
to improve an interior circulation plan.
Councilmember Egan asked if the developer agreed with the County
right-in, right-out. The developer stated he felt it was reasonable.
Mayor Ellison questioned if the internal road would remain
private. The developer stated it would remain private. Mayor Ellison
questioned if it would meet standard conditions. Public Works
Director Tom Colbert stated the minimum width for City streets is 30
feet. The developer stated he had no problem with the 30-foot
minimum. Mayor Ellison questioned if the road would encroach on City
property. Mr. Colbert stated it would encroach but that reservoir
needs had been modified and suggested keeping the options open. He
felt the review should be subject to relocating the reservoir. Mayor
Ellison questioned if the remaining reservoir would be centralized.
Mr. Colbert stated it would be centralized.
Councilmember Wachter questioned if the City needed the
commercial land. Councilmember McCrea was concerned with the roads
and questioned the distance to the nearest roadway access. Mr.
Colbert stated it was 410 feet and that it would not meet the
requirement which is 610 feet. McCrea questioned if there would be a
median some day. Mr. Colbert stated probably but it was hard to say
for sure. McCrea requested an explanation of the church layout. Mr.
Colbert explained future development in the area. McCrea questioned
if there would be future traffic problems. Mr. Colbert stated he felt
there would be no future traffic problems. McCrea questioned if the
project went ahead and a private road was 410 back and the median
would go in, would there be a curb cut. Mr. Colbert stated they had
not reached that level of detail at that point. McCrea questioned
what the North Church would do. Mr. Sturm stated they were unsure at
that time.
Mayor Ellison asked if a right-in, right-out on Lexington would
be acceptable. The developer stated he felt it would be more
appropriate than on Diffley.
Councilmember Wachter stated he felt the matter was premature
and that there were too many unanswered variables. He further stated
the need had not been proven.
Mayor Ellison felt the four-acre tract was small for an R-4
zoning. He felt LB would be better, however, the City needed to
protect its interest on the north side if the HUD property was not
available.
Councilmember Gustafson felt that LB zoning was better than R-4
and stated that whether the matter was premature was not a City
Page 19/CITY COUNCIL MEETING MINUTES L..a,
*LS,
September 19, 1988~"
decision. He stated developers have the right to lose or make money.
He felt the area of access was up in the air, however, that access
was not a problem. He stated he felt they needed to cover the City's
interest on the north property.
Councilmember Egan stated that the Comprehensive Guide Plan
showed the area as residential. He stated the parcel as proposed
fractionalizes the site and that it was not compatible with the
overall development.
Councilmember McCrea stated her main concern was the traffic and
that she was not comfortable with the information received from the
staff. She wanted to know the traffic situation at the current time,
when the area would be signalized and the rating.
Mayor Ellison stated he felt he saw a denial. He stated the
developer needed guidance from the Council. He further stated the
City access to the reservoir was a concern of his.
Councilmember Egan stated the proposal did not show room for
expansion in the retail study. He felt it should be lowered to mixed
residential and it would eliminate the access problems. He did not
see any justification for a variance.
The developer stated he did not think residential was a good use
for the property and that mixed use would eliminate the traffic
problems. He discussed other Council concerns. He stated he left the
Council last time with an agreement on the land use and wanted a
decision.
Councilmember Gustafson stated he felt the Council was wrong in
judging the matter premature. He stated they must protect the water
tower site but should not judge the economic viability.
Egan moved, Wachter seconded, the motion to deny (1) a
Comprehensive Guide Plan Amendment, (2) Planned Development Amendment
of R-4 to LB and (3) a preliminary plat containing three lots
entitled Solderholm Addition, because of the following reasons:
1. The development was inconsistent with the current
Comprehensive Guide Plan and there was no reason to deviate from the
Plan;
2. The development would create an access problem on Diffley and
Lexington;
3. Commercial development was not warranted in the area;
4. The development would intrude on the City water storage land.
All voted in favor.
Page 20/CITY COUNCIL MEETING MINUTES'"' 3 }
September 19, 1988
Mayor Ellison stated he disagreed with items number 1, 2and 3
of the motion but agreed with item number 4, and therefore, voted in
favor. Councilmember Gustafson agreed with the Mayor.
RE-ZONING/SUNCREST ADDITION
City Administrator Tom Hedges informed the Council a public
hearing was held by the Advisory Planning Commission at a regular
meeting held on July 26, 1988, to consider a re-zoning and
preliminary plat entitled Suncrest Addition as requested by William
Huttner. The APC recommended approval of the proposal. Mr. Hedges
stated that at the August 16, 1988, City Council meeting, the
applications were considered and referred back to City staff and the
developer to consider alternatives for the elimination of the
stovepipe lots. The developer and staff examined alternatives. The
Advisory Parks and Recreation Commission recommended a cash
dedication.
Assistant City Planner Jim Sturm stated he had met with the
Tri-Land staff and asked them to prepare two alternative plans: (1)
with a shorter cul-de-sac that still required 9 stovepipe lots, but
had shorter driveways, and (2) one that extended the cul-de-sac to
the east with all lots meeting R-1 Code requirements. Tri-Land was
asked to show existing tree locations in the driveway area, as well
as the massing that exists in the area.
Mr. Sturm stated that if the original plan or alternative number
1 was approved, more trees may be saved if careful driveway and
individual house pad grading occurred. Alternative number 2 (meeting
all Code requirements) adds three lots and destroys the majority of
the tree stand. He stated the Public Works Department was concerned
with having four driveways at the end of a cul-de-sac and questioned
where snow storage would occur. He stated that if either of the
stovepipe proposals were approved, shared driveways or minimum
separating between them should be added as conditions to the plat. He
requested direction from the Council as to which plan to pursue.
Dave Doyle, Tri-Land, recapped Sturm's presentation.
Councilmember Egan questioned how many trees would be lost. Mr.
Sturm said it would be hard to determine at the present time.
Councilmember McCrea questioned if the original design would be more
sound. Public Works Director Colbert stated it would be for snow
storage purposes. McCrea stated it was a unique situation and stated
it would be nice to have the house set back in the woods. She asked
which plan the developer preferred. The developer stated he wanted to
save the big trees. He would prefer the cul-de-sac plan over the
original plan. McCrea stated Engstrom also preferred that plan.
Page 21/CITY COUNCIL MEETING MINUTES
September 19, 1988
Councilmember Wachter questioned what happened to the northeast
and southeast lots. The developer stated that the triangular piece
would be an outlot.
City Administrator Tom Hedges questioned if the property line
should be extended. Mayor Ellison questioned a tax forfeiture. The
developer stated it would be developed in the future expansion. Mayor
Ellison questioned if it could be limited to two accesses. The
developer stated it could be limited. Councilmember Gustafson
questioned the need for the cul-de-sac with the four stovepipe lots.
He suggested putting in one 20-foot wide driveway which would fan
around the trees. Councilmember Egan stated there could be a private
maintenance problem.
McCrea moved, Gustafson seconded, the motion to approve the
re-zoning of 10.53 A (agricultural) acres to an R-1 (single family)
district (Suncrest Addition/William Buttner). All voted in favor.
McCrea moved, Egan seconded, the motion to approve alternate
plan number 1 (14 lots) for a preliminary plat entitled Suncrest
Addition, 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: B-1,
B-2, B-3, B-4, C-1, C-2, C-3, C-5, D-1, E-1, F-1, and G-1.
2. The developer shall note the proximity of the Williams
Brothers pipeline easement in the purchase agreement for each lot
abutting it.
3. A variance for stovepipe lot widths shall be approved (lots
3, 4, 5, and 6, Block 2) for two lots to be determined by staff.
4. Outlot A shall be included with The Woodlands 2nd Addition or
the lot line between lots 4 and 5 shall be extended to the eastern
property line.
5. Lot 5, Block 1, and Lots 9, 10, and 11, Block 2 shall be
final platted as an outlot.
6. The developer is required to submit detail plans of the
proposed retaining wall construction for staff review and approval
prior to issuance of a grading permit and/or final plat approval.
7. The developer is required to provide an 8 cfs storm sewer
outlet to the northerly adjacent property.
8. The developer is required to extend sanitary sewer service
and water main service to the northerly adjacent property.
Page 22/CITY COUNCIL MEETING MINUTES
September 19, 19887 )9
9. The developer is required to prepare and file for record,
with the County Recorder, driveway easements and maintenance
agreements covering Lots 3, 4, 5, and 6. Block 2, which agreements
shall be approved by the City Attorney.
All voted in favor.
APPOINTMENT/ECONOMIC DEVELOPMENT COMMISSION AND ADVISORY PARKS AND
RECREATION COMMISSION
City Administrator Tom Hedges stated the resignations of Tom
Ellingson, a member of the Economic Development Commission and David
Hennes, an alternate member of the Advisory Parks and Recreation
Commission, were recently accepted by the City Council. The City
Council authorized him to advertise in the newspaper for the purpose
of entertaining applications to fill these vacancies. The City
received two applications for the Economic Development Commission;
Patrick Grinder 3529 Widgeon Way South; and Paul Krauss, 4652
Parkridge Court.
Mr. Hedges stated that the City had received one application for
the Advisory Parks and Recreation Commission from Theodore Billy who
resides at 4338 Sequoia Drive.
The balloting was conducted and the votes counted.
Mr. Hedges stated that Paul Krauss had received the majority of
the votes for the Economic Development Commission position.
McCrea moved, Gustaf son seconded, the motion to appoint Theodore
Billy to fill the unexpired term of David Hennes as a member of the
Advisory Parks and Recreation Commission whose term expires in
January, 1989, as the alternate to the Advisory Parks and Recreation
Commission. All voted in favor.
VARIANCE/OAK CLIFF POND ADDITION
City Administrator Tom Hedges informed the Council an
application was submitted by Bruttger Companies requesting a
five-foot variance to the required 30-foot rear yard setback for Lots
1 through 6, Block 3, Oak Cliff Pond Addition.
Rogo Olson (Bruttger Companies), developer, explained the types
of units in the project to the Council. He did not know how the
setback was missed and requested a five-foot variance. He stated one
of the homes would fit one of the lots and requested a variance on
Lots 1 through 6 in Block 3.
Mayor Ellison questioned if the lots were standard townhouse
lots. Mr. Sturm stated yes. Councilmember McCrea questioned the
density. Mr. Sturm explained the density to the Council. McCrea
Page 23/CITY COUNCIL MEETING MINUTES September 19, 1988
stated she had no problem with the variance but questioned what the
hardship was. Councilmember Egan stated he felt the plan could use a
variance but questioned the 30-foot setback. Mr. Sturm stated that
they requested the 30-foot requirement to prevent the shifting of
units. Councilmember Gustafson stated the developer could develop
within the setback, but the buildings would not have the same value.
He felt this was a hardship. He favored the variance but wanted a
quality unit.
Egan moved, McCrea seconded, the motion to approve an
application by Bruttger Companies requesting a five-foot variance to
the required 30-foot rear yard setback for Lots 1 through 6, Block 3,
Oak Cliff Pond Addition, subject to the following conditions:
1. Additional landscaping shall be provided for the rear yard to
provide screening from the R-2 district to the south. A landscaping
plan shall be submitted to the planning staff for review and
approval.
2. No other variances for these lots shall be applied for.
All voted in favor.
WAIVER OF PLAT/MARK CALVIN
The Council was informed an application was presented by Mark
Calvin requesting a Waiver of Plat for the purpose of allowing
individual ownership for an existing duplex described as Lot 7, Block
1, Oakwood Heights 2nd Addition.
McCrea moved, Egan seconded, the motion to approve the Waiver of
Plat for Mark Calvin, Lot 7, Block 1, Oakwood Heights 2nd Addition,
for the purpose of allowing individual ownership. All voted in favor.
R-88.71
WAIVER OF PLAT/ZACHMAN BROTHER CONSTRUCTION/LOT It BLOCK If CINNAMON
RIDGE 6TH ADDITION
The Council was informed an application was received from
Zachman Brothers Construction Company, Inc., requesting a Waiver of
Plat for Lot 1, Block 1, Cinnamon Ridge 6th Addition to allow
individual ownership of the duplex unit.
Gustafson moved, McCrea seconded, the motion to approve a Waiver
of Plat for Lot 1, Block 1, Cinnamon Ridge 6th Addition, (Zachman
Brothers Construction Company, Inc.), for the purpose of allowing
individual ownership. All voted in favor. R-88.72
CONDITIONAL USE PERMIT/MARK M. WEIDENHAFT
City Administrator Tom Hedges stated a public hearing was held
by the Advisory Planning Commission at their last regular meeting
Page 24/CITY COUNCIL MEETING MINUTES
September 19, 1988
held on August 30, 1988, to consider an application from Mark M.
Weidenhaft for a conditional use permit to operate a beauty salon in
an R-1 district at 4345 Rahn Road. The APC recommended approval to
the City Council.
Assistant City Planner Jim Sturm stated the home is located
along the west side of Rahn Road just north of Shale Lane. He stated
Code permits beauty salons in this zoning district through the
conditional use permit process subject to conditions.
Councilmember Wachter questioned how many neighbors had been
contacted regarding the conditional use permit. The developer stated
he had contacted most of the neighbors. Councilmember Gustaf son had
questions concerning proposed condition number 2. Mr. Sturm stated
the condition was right from Code.
Gustafson moved, McCrea seconded, the motion to approve the
conditional use permit as applied for by Mark Weidenhaft for a beauty
salon in an R-1 district at 4345 Rahn Road, subject to the following
conditions:
1. Hours of operation shall be from 8:00 a. m. to 8:30 p.m. only.
2. The only employee shall be an occupant of the household.
3. The parking shall be on-site and shall be limited to two
customer automobiles.
4. There shall be no commercial signs advertising the business
except for the type of sign that is allowed in R-1 districts.
5. There shall be no over-the-counter sales of merchandise.
All voted in favor.
CONDITIONAL USE PERMIT/HILLTOP PLAZA
Assistant City Planner Jim Sturm stated a public hearing was
held by the Advisory Planning Commission at their August 30, 1988,
regular meeting to consider a conditional use permit to allow motor
fuel sales in a neighborhood business district, a pylon sign and a
6-foot pump island canopy variance for a free-standing PDQ facility,
as requested by the T.F. James Company, in the Hilltop Plaza
Addition. The APC recommended approval of the conditional use permit.
There was no action required by the APC on variances; however, the
APC shared a strong sentiment to not allow any gas pump island
expansion in the future.
Mr.Sturm further explained the site plan to the City Council.
Page 25/CITY COUNCIL MEETING MINUTES
September 19, 1988
Richard Quanbeck of T. F. James Company (developer) stated that
fuel sales was a plan from the beginning of the project. He feels the
plan is well thought out and will meet the existing needs of the
neighborhood. He asked for four gas pumps.
Councilmember Wachter questioned the distance from the
landscaping to the gas islands. He asked if there was room for the
cars. Mr. Sturm stated there was a distance of 24 feet. Mr. Wachter
questioned if there was lighting. The developer stated the lighting
was on the underside of the canopy. Councilmember Gustafson
questioned expansion. Mr. Sturm stated the developer would come back
before the Council.
Councilmember Egan questioned if they were adding a second pylon
sign. The developer stated he was correct, that the current sign
advertises Hilltop, whereas the second sign would advertise PDQ. Mr.
Egan questioned if there was 24-hour service. The developer stated
that was correct. Mr. Egan asked for an explanation of the lighting
proposal. The developer stated the lighting would be on the underside
of the canopy and the buildings would have similar lighting. Mr. Egan
asked if any specific lighting plan had been submitted. Mr. Sturm
stated no. Mr. Egan stated it was a sensitive area and that the
lighting should not be obtrusive. Mayor Ellison stated it could be
carried as a condition. Mr. Sturm stated the correct wording would be
"no direct off-site spillage".
Councilmember McCrea questioned the exterior materials and
berming. Mr. Sturm explained both to the Council.
Mr. Wachter stated he did not understand the need for two signs.
The developer stated the tenants rotate space on the present sign. He
stated this was a separate lot. Mr. Egan stated he also did not see
the necessity for two signs. Mayor Ellison stated he felt the design
was far superior to the other plans which just added pumps. Mr.
Wachter suggested a ground sign. City Administrator Tom Hedges stated
he could not think of a neighborhood center which had two signs. He
thought a ground sign might be a good compromise. Councilmember
Gustafson stated that Blackhawk Plaza has the right to more than one
sign, so this separate plat would also be eligible. McCrea stated
Blackhawk Plaza was Roadside Business.
Egan moved, Wachter seconded, the motion to deny a request for a
pylon sign by T. F. James Company in the Hilltop Plaza Addition. All
voted in favor.
The Council felt the developer should decide on one location for
one sign.
McCrea moved, Gustafson seconded, the motion to approve a
conditional use permit to allow an automotive service station with a
Page 26/CITY COUNCIL MEETING MINUTES
September 19, 1988
car wash on Lot 3, Block 1, Hilltop Plaza Addition, subject to the
following conditions:
1. All signage shall be subject to the one-time sign fee of
$2.50 per square foot.
2. No exterior sales displays or loudspeaker advertising shall
be permitted.
3. All trash shall be contained within the building.
4. The landscaping along the entire length of the Pilot Knob
road property line shall be installed with this development.
5. The development is required to provide an additional catch
basin for collection of site generated storm water runoff and convey
it to the existing storm sewer system.
6. The development is required to construct a sanitary sewer
manhole in place of the proposed clean out.
7. The proposed 16-foot wide one-way driving aisle is required
to be 18 feet wide.
8. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of the
conditional use permit.
9. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current city standards and
approved by staff prior to conditional use permit approval.
10. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
11. The development is required to provide lighting which will
protect the adjacent Residential lots.
12. Installation of a Code approved ground sign must meet staff
approval with regard to its lighting.
13. The developer shall be required to receive City Council
approval prior to adding or expanding the number of gasoline tanks or
pumps.
All voted in favor.
Page 27/CITY COUNCIL MEETING MINUTES
September 19, 1988
Councilmember Egan stated the main purpose for the variance was
for expansion. Councilmember Gustafson stated he did not see the need
for the variance.
Gustaf son moved, Egan seconded, the motion to deny a 6-foot pump
island canopy variance for a free-standing PDQ facility, as requested
by the T. F. James Company, in the Hilltop Plaza Addition. All voted
in favor.
The developer asked the Council if the canopy could meet the
setback if they would object to the canopy. Mayor Ellison stated no.
WAIVER OF PLAT/NATIONAL MINERALS CORPORATION
Assistant City Planner Jim Sturm informed the Council a public
hearing had been held by the Advisory Planning Commission on August
30, 1988, at their regular meeting to consider an application by
National Minerals Corporation/NSP for a Waiver of Plat in order to
split Lot 10, Block 2, Eagandale Industrial Park 3rd Addition and
combine it with Lots 4, 5, and 6 to the immediate south. The purpose
of the Waiver of Plat would be to allow for the construction of a
30,000 square foot storage building to be constructed in the fall. He
stated National Minerals Corporation, a fly ash distributor, is
located on the lots. Currently, NSP has a transmission area on the
northern portion of the 5.9 acre subject lots. The newly created
Parcel "B" containing 2.7 acres would have access from a drive along
the east side of Lot 6. Fly ash would be transported to the concrete
building by either the railroad spur along the south property line of
Lot 10 or by semi-trucks. Fly ash is used as an ingredient in
concrete and is a non-combustible material. He stated all Code
requirements had been satisfied.
City Administrator Tom Hedges suggested that if the Waiver were
approved by the Council, a condition be added that the tanks be
painted to match the existing building.
Councilmember Wachter questioned how the fly ash would be
stored. He was concerned it would blow around. Mr. Sturm stated he
believes the railroad cars and/or semis are closed. Mr. Hedges stated
staff would check on that matter.
Wachter moved, McCrea seconded, the motion to approve the Waiver
of Plat for National Minerals Corporation/NSP on Lot 10, Block 2,
Eagandale Industrial Park 3rd Addition, subject to the following
conditions:
1. The development is required to fulfill the $23,135.00
assessment obligation identified for Lone Oak Road upgrade.
Page 28/CITY COUNCIL MEETING MINUTES
September 19, 1988
2. The development will be required to provide a 1.0 acre foot
ponding area prior to discharging its site-generated storm water into
the existing 24-inch storm sewer in Lone Oak Road.
3. This development shall dedicate, provide or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding and utility easements as required by the
alignment, depth and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service this
development.
4. All public streets and 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 Waiver of Plat approval.
5. A detailed grading, drainage, erosion and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to Waiver of Plat approval.
6. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
7. The development is required to construct the proposed parking
area in accordance with City Code requirements.
8. The development is required to provide an internal storm
sewer system which intercepts the site-generated run-off and conveys
this site-generated run-off to the existing storm sewer system in
Lone Oak Road.
9. The development will be required to provide public access to
the newly created Parcel B.
10. Any vehicle which transports fly ash will either be covered
or wet so the fly ash will not blow about.
All voted in favor.
City Administrator Tom Hedges stated that the painting of the
tanks to match the existing building should be encouraged.
R-88.73
PRELIMINARY PLAT/RIDGE HAVEN ADDITION
City Administrator Tom Hedges stated the Advisory Planning
Commission and the City Council had reviewed a preliminary plat
proposal entitled Ridge Haven Addition as presented by Haven
Enterprises early in the summer. The subdivision is adjacent to a
plat that was approved entitled Prettyman Heights. At the direction
Page 29/CITY COUNCIL MEETING MINUTES
September 19, 1988 r_-
of the City Council, the City staff was asked to coordinate meetings
with the developers of Ridge Haven Acres and Prettyman Heights and
make efforts to agree on a road configuration for all parties
concerned, including the City of Eagan. He stated that according to
the Engineering Department, the City had not been able to reach
agreement with both parties. The developer of Ridge Haven Acres would
like the City Council to readdress the preliminary plat. The public
hearing for considering public improvements is scheduled for the
October 6 meeting and it is customary that a preliminary plat be
approved prior to the public hearing to consider public improvements
for the proposed subdivision.
Assistant City Planner Jim Sturm stated there is a desire to
eliminate the double fronted lots. He stated the plat wants to stand
on its own.
Brian Olson (developer) stated it is the same plat that was
presented to the Council in May. He informed the Council they are
willing to pay their fair share of the assessments.
Councilmember Egan stated he thought the City would hardball
Prettyman to cooperate. City Engineer Tom Colbert stated that
Prettyman had already received preliminary plat approval and knew the
cost but assumed it anyway. He stated he did not know how to get
Prettyman's cooperation.
Mr. Hedges questioned Mr. Ramsey of Haven Enterprises, Inc.
regarding his letter to him dated September 12, 1988. He questioned
what the developer meant by agreeing to pay for the fair share of the
proposed assessments concerning the extension of Sibley Hills Drive.
Mr. Colbert reviewed the proposed assessment procedure.
Mayor Ellison asked the developer if he felt comfortable with
Mr. Colbert's description of the fair share. The developer stated
yes.
Marylou and Donald Horne stated they did not want to subdivide.
Mr. Colbert said they should reiterate their argument at the
October public hearing. Mr. Egan questioned if the feasibility report
would show the road going to the north. Mr. Colbert stated yes. Mr.
Egan questioned why Prettyman was holding so hard. Mr. Colbert stated
he had pre-sold the cul-de-sac lots.
Wachter moved, Gustafson seconded, the motion to approve the
preliminary plat for Ridge Haven Addition, 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 , Cl , C2,, C3 , C5,, Dl,, El , Fl , and G1.
Page 30/CITY COUNCIL MEETING MINUTES r-- September 19, 1988
2. All lots shall be serviced and addressed from the internal
street (cul-de-sacs).
3. The existing homesite and well/septic system shall be removed
or abandoned to City requirements.
4. The development is required to remove the existing well and
septic system in accordance with Department of Health and Pollution
Control Agency requirements.
5. Side lot line drainage swales are required to be defined on
the grading plant.
6. An outlet to the proposed storm sewer system is required.
7. The development is required to extend its water main to the
northerly property line for connection to the future easterly
extended water main in Sibley Hills Drive.
8. The development is required to execute the appropriate
"waiver of assessment" for future street assessments associated with
the easterly extension of Sibley Hills Drive.
All voted in favor. See plat file
SUBDIVISION REGULATION ORDINANCE/AMENDMENT TO SECTION 13.30
City Administrator Tom Hedges stated that at a May City Council
meeting a subdivision regulation ordinance was given review. It was
the decision of the City Council to send this proposed ordinance
amendment to the Developers' Task Force for their review and
consideration. Both the Developers' Task Force and Advisory Planning
Commission had reviewed the proposed amendment and the document, in
its final draft, was under consideration by the City Council. He
stated the changes had been minor and would not affect the intent of
a three-step process and the objectives that were desired by the City
Council.
Mayor Ellison requested the examples of the changes. Mr. Sturm
stated it was in the terminology and there was nothing specific. Mr.
Hedges stated there was a difference between the residential and the
commercial development approach. Councilmember Wachter questioned if
the Council could report back. Mayor Ellison stated the report could
be brief. Councilmember McCrea questioned E-9 of the proposed
ordinance. She asked if there was flexibility.
Wachter moved, Gustafson seconded, the motion to ratify the
ordinance amendment amending Chapter 13 of the Eagan City Code by
changing development standards and submission requirements, subject
to staff submitting a brief summary of the changes to the Council.
All voted in favor.
Page 31/CITY COUNCIL MEETING MINUTES :'-%e t-r -1
September 19, 1988
UPDATE/COMPREHENSIVE GUIDE PLAN
City Administrator Tom Hedges stated the City Council and the
Planning Commission had completed an update of the Comprehensive
Guide Plan, a process that began in December of 1985 and was
completed when an amendment was adopted January 27, 1987, by the
Advisory Planning Commission. The amendment was submitted to the
Metropolitan Council for their review. The item was reviewed by the
Advisory Planning Commission at their August 30, 1988, meeting,
however, no action was required.
Councilmember Gustafson stated there was an area of concern
regarding the RB zoning of the Astleford property on the east side of
35E. He questioned if the ratifying of the Comprehensive Guide Plan
would preclude the City changing the RB zoning. Councilmember McCrea
stated she felt the motion had excluded RB zoning. Mayor Ellison
stated he was optimistic that the property would be down-zoned as he
had recently met with the owners.
Egan moved, McCrea seconded, the motion to approve the adoption
of the 1987 Comprehensive Guide Plan Update Amendment considering the
revised commercial planned development text and the incorporation of
seven processed comprehensive guide plan amendments and the land use
plan map. All voted in favor.
VINCE KENNEDY/WAIVER OF PLAT
City Administrator Tom Hedges stated that the Kennedys, Vincent
and son Dave, purchased an adjacent lot to Vince Kennedy predicated
on an assessment search that revealed an assessment levy of $156.00
with no pending assessments. A Waiver of Plat was requested for the
parcel allowing son Dave to occupy the home and Vince to hold the
remainder of the property. When the Waiver of Plat was given
consideration, assessments were proposed for trunk storm sewer and a
previous Lone Oak Road improvement. Mr. Kennedy is objecting to the
assessments. Mr. Hedges explained the objections Mr. Kennedy had in
his September 14, 1988, letter to the City.
Councilmember Wachter stated it would be hard for the City to
swallow the assessments. Mayor Ellison questioned if these
assessments were something that someone else in the City would not
pay. Mr. Colbert stated no. Councilmember Egan stated he felt it was
an appropriate time to assess.
McCrea moved, Wachter seconded, the motion to deny the request
for waiving the assessments as proposed for Lot 5, Zender Acres
(Kennedy). All voted in favor.
Page 32/CITY COUNCIL MEETING MINUTES
September 19, 1988
RAHN ROAD TRAIL/SOUTH OF DIFFLEY
City Administrator Tom Hedges stated that the City trail plan
identifies a trail on the east side of Rahn Road from Diffley to the
Highline Trail. The Parks and Recreation Commission asked that the
bituminous trail be installed at this time. He stated the City has
approximately 70 feet of right-of-way from the centerline of Rahn
Road with one exception. That exception was the proposed Eagle Nest
development north of Shale Lane; however, with the recent platting of
the Sons Addition, the City now had the additional road right-of-way.
The cost of a half mile of trail is projected at $8.00 per lineal
foot, and therefore, the installation would be approximately
$20,800.00. He stated the bond fund provided for trails construction
and could be used for this trail segment.
Mayor Ellison stated he felt the matter should be scheduled for
a public hearing. Councilmember McCrea concurred.
Egan moved, Gustafson seconded, the motion to continue the
matter regarding the installation of a bituminous trail on Rahn Road
south of Diffley to Shale Lane to allow for the scheduling of a
public hearing at the October 6, 1988, City Council meeting. All
voted in favor.
SPECIAL CITY COUNCIL WORKSHOP
City Administrator Tom Hedges stated the next Council meeting
would be held October 6, 1988. He further stated that at the last
City Council workshop there was consideration to hold a special City
Council meeting on Monday, September 26, 1988. He stated that there
were no urgent matters and that it was not necessary to meet on that
date. Councilmember Gustafson stated he was opposed to the meeting.
Mayor Ellison stated that perhaps it could be conducted at the end of
the next regular meeting. Councilmember McCrea stated she felt the
meeting could be held in the fall.
SENIOR HOUSING
Assistant City Planner Jim Sturm updated the Council on the
locations, (1) Federal Land piece; and (2) the Hoffman piece.
Councilmember McCrea questioned how much HUD money was available. Mr.
Hedges stated there was $300,000.00 among Eagan and two other cities.
He further stated that Eagan also has its own fund available for
senior housing. Councilmember Gustafson recommended putting out a
notice to compete for the lowest bid.
Page 33/CITY COUNCIL MEETING MINUTES
September 19, 1988
CITY OF EAGAN AUDITOR
City Administrator Tom Hedges recommended to the Council that
the City remain with the firm of Deloitte, Haskins and Sells for one
more year as the City's auditor.
Wachter moved, Egan seconded, the motion to approve the firm of
Deloitte, Haskins & Sells as the City's auditor to review all
financial transactions for the calendar year 1988. All voted in
favor.
BRITTANY ADDITION
The Council was informed the closing company did not give the
assessment money to the County. Therefore, the assessments continue.
The Council will be kept posted on this matter.
GUN CLUB WATERSHED MANAGEMENT ORGANIZATION
City Engineer Tom Colbert informed the Board that he had
received a resignation from Catherine Funk from the Gun Club
Watershed Management Organization.
Egan moved, McCrea seconded, the motion to accept the
resignation of Catherine Funk for the Gun Club Watershed Management
Organization and staff was authorized to solicit a replacement. All
voted in favor.
CARRIAGE BILLS GOLF COURSE
Pursuant to memo from City Attorney Jim Sheldon, it was agreed
that the owners will pursue private nuisance actions regarding the
errant golf balls.
PROJECT 554
Egan moved, Gustafson seconded, the motion to receive the
feasibility report for Project 564 and order a public hearing. All
voted in favor.
LEXINGTON POINTE
City Engineer Tom Colbert informed the Council that some grading
had been done without approval which violated other aspects of the
development. He stated he felt it was a flagrant violation and
suggested issuing a formal citation. The Council concurred.
Page 34/CITY COUNCIL MEETING MINUTES
September 19, 1988
BILLS
Wachter moved, Egan seconded, the motion to approve the check
list dated September 19, 1988, in the amount of $992,428.59. All
voted in favor. /and August 31,1988 in the amount of $463,158.34.
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: Q \~^-R A L
Eugen anOverbeke
Its: ity Clerk