06/07/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
June 7, 1988
A regular meeting of the Eagan City Council was hela on Tuesaay,
June 7, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Vic Ellison ana Councilmembers Wachter, Egan, Gusta=son
ana McCrea. Also present were City Auministrator Tom Heuges, Public
Works Director Tom Colbert, City Planner Dale Runkle, Assistant City
Engineer Mize Foertscn, ana City Attorney Jim Sheloon.
AGENDA
Wachter movea, McCrea seconaea, the motion to approve the agenua
with the unaerstanaing tnat Item Q (Project 542) will be continues
inaefinitely. All votea yes.
MINUTES
May 16, 1988 - Regular Meeting. Gustafson statea on page 13
that Item 7 shoula be aeletea. Colbert statea that this was one or
the conaitions for the approval or the preliminary plat. However,
there is a typographical error ana "trial" shoula be replaces with
the "trail". Upon motion by Egan, seconaea by Gusta=son, it was
resolvea that the minutes as preparea tor the May 16, 1988 Regular
Meeting be approvea as arattea. All votes, yes.
May 23, 1988 - Special Meeting. Ellison states that on page 2
in the tnira paragraph it shoula state "There is a minimum or 22
garage stalls." Upon motion by Wachter, seconaea by Egan, it was
resolvea that the minutes tor the May 23, 1988 Special Meeting be
approveu. All votes in ravor.
May 26, 1988 - Special Meeting. Upon motion by Egan, seconaea
by Gustafson, it was resolvea that the minutes as prepareu tor the
May 26, 1988 Special Meeting be approvea as urattea. All votea yes.
RETIREMENT OF ARROW (K-9)
The City Aaministrator Tom Heages requesteu the retirement or
the City's police uog, Arrow, once Otricer Bob Hawkins leaves his
employment with the City curing the month of June. He statea Orricer
Ken Conyers has recently completea the City or St. Paul K-9 school
ana as a result, will have a cog accompanying Otticer Conyers
beginning this month of June. He stateu Arrow has back problems ana
is no longer capable or street auty. He statea Arrow has servea the
City well.
Wachter movea, Gustafson seconaea, the motion to approve the
retirement auring the month or June, 1988, or Arrow, the City's K-9,
trom otricial police use.
LEASE AGREEMENT, SPERRY RESERVOIR RADIO COMMUNICATIONS ANTENNA
Tom Coibert statea the City has been approachea my Air Signal,
Inc. requesting consideration ror the installation or a rauio
communication antenna networx on the Sperry Reservoir. In 1977, the
City Council authorizes the use or the reservoir for lease options or
raaio communications networx. A lease agreement was preparea by the
City's rauio communications consultant, Dr. John Dubois, as well as a
uetailea engineering analysis or the proposal proviuing technical
requirements or the installation to ensure against any possible
interrerence with the City's raaio communications networx. He stateu
the lease proviues ror a ten-year term, renewable with rive-year
options at an annual rental tee or $4,320.00. The City has
previously authorizes the installation or a private rauio
communication antenna networx for the Unisys Corporation at the same
racility. The start ana the City Attorney have revieweu this concept
ana tiny it acceptable.
Mayor Ellison asxea how the lease terms were tigureu. Mr.
Colbert stateu the terms are similar to other cities in the area, nor
example, Burnsville. Egan suggestea a rive-year lease with a
live-year option. Gustavson anu McCrea moth questioneu the amount or
the annual rental tee after the tirst year. Colbert stateu this is
the virst time the City has enterea into this type of agreement ana
states the Council coula review the lease again next year regarding
the amount or the rental tee. Mayor Ellison statea the Council was
in agreement that the term or the lease shoula be for five years ana
renewable on a rive-year option. McCrea asxea the start to uo
rurther research regaraing the annual rental tee.
McCrea movea, Wachter seconaea, the motion to approve a lease
agreement zor the installation or a raaio communications antenna
network on the Sperry Reservoir for Air Signal, Inc. with the
conaition start oo further researcn regaraing the annual rental tee
anu the terms or the agreement. This matter is to return to the
Council under the consent agenda. All votes in favor.
SPRINKLING BAN
Tom Colbert statea aue to the aelays in completing well number
8, the inability to accelerate the completion or well number 10, the
major reconstruction or the Pilot Knob Roaa ana relatea trunK utility
lines, along with the unusual hot ana dry spring recently
encounterea, the City's ability to maintain an adequate reserve
supply or water in its reservoirs resulting trom an excessive aemana
for irrigation, requireu the implementation or an emergency total man
limiting outside water usage tnrough Sunday, June 12, 1988. News
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releases were proviaeu ana relatea publications anu announcements
were proviaeu uy the major raaio/tv ana newspaper meuium. In
auaitiori, inuiviauai flyers were aistributea tnroUq!10Lt the community
on June 1 with. an irirormational supplement being proviaeu to all
property owners on June 5.
With the implementation or this water restriction requirement,
the water storage uuicKly starbilizea ensuring the ability to proviue
a continuous anu auequate supply of water throughout the community
curing the wrought periou.
Mayor Ellison asxea now long Twin View Manor was without water.
Mr. Coibert statea he wouia estimate three hours, between 8:00 p.ru.
ana mianigrt.
Egan movea, McCrea seconaea, the motion to ratify the
implementation or a water conservation/restriction on outsiae water
usage to a total an through June 12, 1988, ana an oaa/even system
tnrougn July 6, 1988. All votea in ravor.
FIRE CHIEF SOUTHORN
Tom Heages stateu the Eagan City Fire Chief Soutnorn recently
was in an acciaent aria is now home recuperating. Tne Mayor,
Councilnien&Lers ana start all wishea him a speeay recovery.
CABLE COMMISSION
Mr. Rearuon, Cable representative, upuatea the Council regaraing
the local programming aispute. He statea the matter has been
rererrea to the local programming committee ana that the City Council
will Le receiving upaates.
CONSENT AGENDA
The following consent agenaa items were suumittea ana
recornmeriaea to be approvea:
A. Personnel Items.
1. Resignation/Part-time ClerK-typist/Community Development
Department. It was recommencea to accept the resignation or Aaeline
M. Foley ana to authorize aavertisement to till this vacancy.
2. Seasonal Summer Recreational Program Employees. It was
recommenaea to approve the hiring or the roliowing listea summer
seasonal recreational program employees.
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Returning Starr New Start
Denise Anuerson gnu Year Nick Ayotte
Kristi Belew 10th Year Bonnie Blooa
Jennirer Blanchard 2na Year Kathy Gustafson
Janelle Bonner 5th Year Angela Jenkins
Lisa Carlisano 3ra Year Amy Johnson
Shelly Carroll 3ra Year Stephanie Link
Kathy Chase 5th Year Patsy Neary
Paula Eaves 3ra Year Angela Ogren
Liz Eul 4th Year Snannon O'Hearn
Justine Epple 2no Year Jill Osiecki
Kathleen Fletcher 10th Year
Jason Forue 2na Year
Racneile JiriK 5th Year
Lisa Lunaquist 5th Year
Michelle Meyer 2na Year
Christine Polta 2na Year
Christine Schultz 3ra Year
Deborah Spouen 2na Year
Kristin Weekiuna Stn Year
3. Permanent Utility Maintenance Workers. It was recommenaea
to approve the hiring or Marc Ruhn ana Richara Robohm as permanent
utility maintenance workers for the City or Eagan, suL ect to
successrul completion or the City's physical examination requirement.
4. Seasonal Utility Maintenance Workers. It was recommenaeu,
atter interviews, that Eric Reynolds ana Anarew Dornseir we hireu as
seasonal utility maintenance workers.
5. Seasonal Summer Forestry Aiae. It was recommenaeu, atter
interviews, that Shannon Nelson be tiirea as a seasonal summer
torestry aide.
6. Contract nor Parks Builuing Janitorial Services/Dakota, Inc.
It was recommenaeu to approve the contract nor Danitorial services
nor parK buildings between the City or Eagan ana Dakota, Inc.
7. Innormational: Accounting Intern ana Seasonal Draftsperson.
In official action at the last City Council meeting, the City
Auministrator was authorizea to approve the hiring or an accounting
intern ana a seasonal arartsperson. Mr. Beages stated the persons so
approvea were Kimberly Vitale as the accounting intern ana Matt Peick
as the seasonal arartsperson. He turtner statea no action is
requirea wy the Council on this particular item.
B. Plumber's License.
It was recommenaea that the toilowing plumber's licenses be
approved: AAA Abbott Plumbing & Heating, Aaron's Plumbing, Anureasen
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Plumbing & Heating, B & D Plumbing & Heating, Pouany Plumbing, ana
Tom Tix Plumbing & Heating.
C. License, Charitable Gambling zor July 2na through the 4th,
1988, Eagan Hockey Association.
It was recommenaea to approve a charitable gambling license ror
the Eagan Hockey Association to allow pulltabs on July 2na, 3ra ana
4th, 1988.
D. Paraae Permit tor Eagan Lions Fourth or July Celebration.
It was reconuaenuea to approve the paraae permit application on
uenalr or the Eagan Lions Cluu tot the Fourth or July Association
Celebration.
E. Temporary License ror Non-Intoxicating Malt Liquor tor Eagan
Lions Fourth or July Celebration.
It was recommenaea to approve an application suumittea by the
Eagan Lions Club ror the Fourth or July Celebration ror a
non-intoxicating malt liquor license to be usea at Ron ParK rrom June
30th through July 4th.
F. Vacate Utility Easement, Receive Petition/Oraer Public
Hearing (BlacKhawK Ponas Aaaition).
It was recommenaea to receive the petition to vacate a utility
easement (BlackhawK Ponas Aaaition) ana scheaule a public hearing to
be vela on July 7, 1988.
G. Agreement, Revocation/TurnbacK or County Roaa 63 (Dona
Roaa).
It was recommenaea to approve the agreement proviaing tor the
revocation ana turnbaci or County Roaa 63 (Doaa Roaa) ana authorize
the Mayor ana City Clerk to execute all relatea aocuments.
H. 1989 Buaget/BlacK Dog Lake Watershea Management
Organization.
It was recommenaea to approve the proposeu 1989 buaget tot the
Black Dog Lake watersheu management organization.
I. Project 445, Cancellation or Project (Oakwooo Aaaition -
Streets ana Utilities).
Counciimember Egan asKeu why the project was being canceileu.
Tom Colbert statea the project was 2 1/2 years overaue ano the matter
will be taken orr or the assessment roll.
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It was recornmenaea to cancel Project 445 (Oakwooa Aaaition
Streets & Utilities) ana remove all penaing assessments or recoru,
suuject to cull reimbursement or all costs incurrea t,y City ror ttiis
project.
J. Final Plat Approval, Eagan Hign School Auaition.
It was recornmenaea to approve the tinai plat for the Eagan Hign
School Auaition ana authorize the Mayor ana City Cleric to execute all
relatea uocun?ents. R-88.31
K. Final Plat Approval, Harvey's Heritage Auaition.
It was recommenaea to approve the final plat for Harvey's
Heritage Aauition aria authorize the Mayor ana City Clerk to execute
all relatea aocuments. R-88.32
L. Final Plat Approval/Town Centre 70 - 9th Aaaition.
It was recommenaea to approve the final plat tor Town Centre 70
- 9th Aaaition ana authorize the Mayor ana City Clerk to execute all
relatea aocuments. R-88.33
M. Final Plat Approval, Fairway Hills 2na Aaaition.
It was recommenaea to approve the tinal plat zor the Fairway
Hills 2na Aaaition ana authorize the Mayor ana City Clerk to execute
all relatea aocuments. R-88.34
N. Final Plat Approval, Eaganaale Center Inaustrial Park 10tn
Aaaition.
It was recommenaea to approve the renal plat tor the Eaganaale
Center Inaustrial Park 10tH Aaaition ana autnorize the Mayor ana City
Cleric to execute all relatea aocuments. R-88.35
0. Final Plat/Lexington Pointe Secona Aaaition.
It was recommenaea to approve the rinal plat for the Lexington
Pointe 2na Aaaition ana authorize the Mayor ana City Clerk to execute
all relatea aocuments. R-88.36
P. Final Plat/Ceaar Clirt Commercial Park 4tH Aaaition.
It was recommenaea to approve the final plat for the Ceaar Clirt
Commercial Park 4th Aaaition ana authorize the Mayor ana City Clerk
to execute all relatea aocuments. R-88.37
Q. Project 542, Receive Petition/Oraer Feasibility Report
(Aluen Ponas - Streets & Utilities).
This matter was continueu inaerinitely.
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R. Project 543/Petition/Feasibility Report/Extension or Sisley
Hills Drive/Prettyman Heights.
It was recommencea to receive the petition tor Project 543
(extension or Sisley Hills Drive - Prettyman Heights) ana authorize
the preparation or a reasibility report.
S. Fourth or July Celebration Donation.
Councilmember Wachter asxea it the City tiaa seen approacnea tor
a aonation ror the Fourtn or July Celebration. Mr. Heaves statea no
letter has seen receiveu, however, the Fourth of July oonation is in
the uuaget. Wachter movea, Egan seconaea, the motion to aaa the
aonation or 51,000.00 tor the Fourtn or July Celebration to the
consent agenaa. All votea in ravor.
Councilmemoer Wachter movea, Councilmember Egan seconaeu, the
motion to approve the roregoing consent agenaa item ana authorizes
their implementation. All voteu yes.
Don O'Hearm at this point mentionea Project 543. Mayor Ellison
stateu the project naa alreaay been actea upon by the Council. Mr.
Colbert stateu that the matter was on the agenaa to receive the
petition aria ao the stuuy now ana a public nearing will be set at a
later gate. Mr. Heages asxea Mr. 0`Hearm to leave his name ana
auaress ana he will receive the necessary inrormation regaraing the
public hearing.
PROJECT 515, DODD ROAD OVERLAY
Mayor Ellison openea the tirst public nearing or the evening
regaraing the Doaa Roau Overlay, Project 515. Tom Colbert stateu
that on April 19, 1988 the Council receivea a reasibility report ana
scheaulea a public nearing to be Lela on May 17, 1988 which was
subsequently continuea until June 7, 1988 to consiaer various options
tor proviainy a more permanent surtacing to Doaa Roaa rrom C11rr Roau
to Farm Roaa.
Mr. Foertsch aiscussea the petition ana upoateu the Council
regaraing the alternatives tor the project. He statea 100% or the
cost or the improvements will be assesses to the benerltteu property
owners.
Jerry Nieszaros, 4235 Doau Roao, asxea it the City will be paying
tor any or these improvements. Tom Colbert statea all costs or the
improvements will be assessea 100% to the benerltteu property owners.
He turtner stateu that the City is currently spenoiny $6,500.00 a
year tor oust control. Mr. Meszaros statea there nas been poor oust
control in the past. He asiea it the proposea roaaway will be big
enough ror the Heavy trucK tratric the roaa receives. Mr. Foertsch
statea there is no weight restriction on the roaa at this time.
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Coibert statea that at the present time the City will only we aoiny
the overlay for gust control ana that at the present time the roan
shows no neavy breaxaye rrom the trucK tra=tic. He statea a new
reasibility report wouln neea to be preparea for the restructuring or
the roan to a city street aria a new public hearing woula nave to be
helm. Mr. Meszaros askea it the sewer aria water improvements woula
me aone at this time. Mr. Foertscn statea there is no consiaeration
rot sewer ana water improvements at this time. He reels the overlay
project will we aone some time in August.
Ricriara Buchan, 4695 Doaa Roaa, reviewea his stuay which he
previously suomittea to the Council. He statea he is in agreement
with the overlay project, however, he wants a gooa roaa with no
breakup installea. He statea the roaa was usea not only my the
neighboring property owners but also my many trucxs, muses ana
through trarric trom the Rosemount resiaence. he statea the main
problem is not the aust but the roan breakup. He statea Doua Roau is
a uisgrace to Eagan.
Mr. Colbert statea he was impressea with Mr. Buchan's report aria
statea City streets are generally not installeu betore the public
utilities because new roans woulu then nave to be installeu, causing
rurtner assessments to the property owners. He agrees with the
problem ana statea it is easier to maintain a city street. However,
the present City policy is to assess 100% or the improvements to the
aujacent property owners.
Mayor Ellison askew Mr. Colbert what the estimatea cost for the
alternatives woula me. Mr. Colbert statea the estimatea cost for a
city street woula me approximately $34.00 a rront toot, not incluaing
the storm sewer. The estimatea cost for the overlay woula we 55.U0 a
rront toot ana the cost for the aoubie seal woula be $2.50 a tront
toot. Mr. Colbert statea the City has completeu overlay projects in
the past ana they have workea well for the washboara problems.
Mr. Egan stateu he unaerstanas the property owners'
frustrations. However, the use or the property may change in the
near suture uue to Eagan's current aevelopment.
Roger Weierke, Weierke Trenching, statea he aoes a lot or truck
ariviny on Doaa Rbaa ana reels his equipment woula mreakup the roaa
for the first 150 reet within two months. He telt he will be
assessea most heavily because or the location or his property. He is
in ravor or a goon street ana not in ravor or the overlay project.
Mr. Wachter statea he reels the utilities ana the city street
will be coming in the near ruture. He reels the projects are aue to
happen to the Doaa Roaa area soon.
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Mr. Colbert statea he reels the City snoula go with the oouble
seal coat at this time because it is the least expensive alternative.
He also suggests limiting the speeu on Doan Roaa ana placing a weight
limitation restriction past the Weierke property.
Doug Johnson, 4775 Dona Roaa, statea the trarric speeu on the
roau neeos to be controlled.
Jim Thompson, 4875 Dooo Roaa, statea he organizea the petition.
He noes not want sewer ana water improvements at this time. However,
ne woulc line a city street installea at this time. he rurther
statec he spoke with Don Clark, who lives on Farm Roaa, ana Mr. Clark
woulu like Farm Roac also biacktoppea. Mr. Foertsch statea there is
the possibility or aacing Farm Roaa to the project. Mr. Thompson
askew it the cost or the gracing ana or the oust control coula be
usea to ortset a part or the cost or the assessments. Mr. Wachter
statea this not current City policy. Mr. Thompson askea it there
will be aprons to the owners' uriveways. Mr. Foertscn statea that
aprons would be installea to the owners' property.
Mayor Ellison statea that currently it is costing the City
46,500.00 a year tor the calcium chloride to control the oust
problem. This expense is snarea by all Eagan taxpayers. The Council
has, in the past, consiaerea assessing the cost or this at control
to the property owners who live on gravel roaus. However, at the
current time, this is not the City's policy.
Kris Blissenbach, 4795 Doaa Roaa, statea she is concerneu
regaraing the trarric speeders on Doaa Roaa. She also questioneu wno
pays tor the maintenance it the overlay project breaks up. Mr.
Colbert stateu the City will pay ror any maintenance on the roaoway
anu it will not be assessea to the property owners.
Stuart Weierke, 4675 Doua Roaa, askea it arainage gracing was
incluoeu in the quotea price. Mr. Foertscn statea arainage gracing
was not incluaea in the quote as the matter was not being aauressea
at this time. Mr. Weierke statea there are urainage problems ana the
roau neeas to be graueu more trequently. Mr. Colbert stateo when the
roans are graaea too trequently, it increases the possibility for
speeuing ana it removes the calcium chloriae which controls the oust.
McCrea statea it appears the resiaents want a city street. She
likes the iaea or weight restrictions. She askew it the seal coating
woulc increase the lite expectancy or the roaaway. Mr. Colbert
statea it noes not increase the lite or the roaoway. It only
minimizes the washooara conaitions. McCrea suggestea increasing the
overlay wiatn by the WeierKe property ana assessing it to Mr.
Weierke. Mr. WeierKe statea he woula not assume the aoaitional cost.
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Mr. Egan stateu he reels a rair compromise is the overlay
project. He rurtner statea that changes will ue happening soon in
the area with aevelopment.
Egan movea, McCrea seconaea, the motion to close the public
nearing aria approve Project 515 (Dona Roaa Overlay) with the
rollowing conaitions:
1. Weignt restrictions to ue ixuposea on Doaa Roau aater tie
rirst 150 reet.
2. To increase the overlay ueptri on the rirst 150 reet or Doau
Roau ana assess this increaseu overlay to all abutting property
owners. Ellison, Egan aria McCrea votes in ravor; Wachter aria
Gustavson were opposea. Mr. Gustavson statea he reels the issues are
weight control ana aunt control. He reels he rieeas more lnrornlatlon
to mate a aecision.
PROJECT 480 - FINAL ASSESSMENTS EAGANDALE CENTER INDUSTRIAL PARK -
OVERLAY
Mayor Ellison openea the next public nearing tor the evening.
Mr. Heages statea the matter was routine ana there is no auuience
input.
Wachter moves, McCrea seconaeu, to close the public hearing ana
approve the rinal assessment roll ror Project 480 (Eaganaale Center
Inaustrial ParK - Overlay) ana authorize the certirication to the
County Auaitor. All votes yes.
PROJECT 501 - FINAL ASSESSMENTS (EAGANDALE CENTER INDUSTRIAL PARK 8th
ADDITION/WATER MAIN)
Mayor Ellison openea the next public nearing tor the evening.
Egan movea, Wachter seconaea, the motion to close the public
nearing ana approve the renal assessment roll rot Project 501
(Eaganuale Center Inaustrial Part 8th Aauition - Water Main) anu
authorize the certirication to tie County Auaitor. All votea in
tavor.
PROJECT 474 - FINAL ASSESSMENTS (EAGANDALE/LEMAY LAKE 2na ADDITION -
SUPPLEMENTAL ASSESSMENTS)
Mayor Ellison then openea the next public hearing tor the
evening. Mr. Heages statea all notices has been publishes in the
legal newspaper ana sent to all arrectea property owners ir,rorming
them or this continueu tinai assessment public hearing. As or this
uate, the start has not receives a response from the owners or Lot
One (1), Block One (1) (Resiaence Inn) as it pertains to this
proposea supplemental assessment.
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McCrea movea, Egan seconaeo, the motion to close the public
hearing ana approve the supplemental final assessment roll ror
Project 474 (Eaganaale/Lemay Lake 2na Aaaition - Supplemental
Assessments) ana autnorizea the certification to the County Auaitor.
All votes yes.
PROJECT 532/FIELD STONE TRAIL/BRIDLE RIDGE 2na ADDITION
Mayor Ellison openea the puulic nearing regaraing Project 532.
Mr. Colbert upaatea the Council on the project. Marc Hanson,
consulting engineer, statea the project meets all necessary
requirements. He statea the cost or $477.00 per lot will be assessea
to the abutting property owners.
McCrea movea, Egan seconaea, the motion to close the public
nearing ana approve Project 532 (Fiela Stone Trail - Bridle Riage 2na
Aaaition State Aia Roaa) aria authorizes the preparation or aetailea
plans ana specirications. All votes arrirmatively.
PROJECT 535 CARLSON LAKE LIFT STATION UPGRADE
Mayor Ellison openea the public nearing regarding Project 535,
Carlson Lake Lirt Station upgraae. Mr. Colbert statea there are no
assessments associatea with this trunk facility improvement to the
adjacent property owners. Marc Hanson statea the improvement to the
lint station was necessary to upgraae the electric service to the
lint station ana for the addition or a 10" PVC force main. He statea
the total cost or the project will be $85,585.00. All Councilmemoers
agrees the City must be preparea ror suture storms. The City must be
preparea to hanale storms such as the July 23, 1987 "super storm".
Egan movea, Gustafson seconaea, the motion to close the public
hearing ana approve Project 535 (Carlson Lake Storm Sewer Lirt
Station Upgraae) ana authorizea the preparation or aetailea plans ana
specifications. Wachter, Gustafson, Egan ana McCrea votea yes.
Mayor Ellison abstainea from voting because he is a property owner in
the area.
PROJECT 539/EAGANDALE CENTER INDUSTRIAL PARK 10th ADDITION
Mayor Ellison openea the public nearing regaraing Project 539.
Mr. Colbert statea a petition has been submitted by the developers or
this proposea subaivision ana the Council has receivea the requested
reasibility report on May 3, 1988 ana scneaulea the rormai public
nearing to be held on June 7, 1988. He statea all notices nave been
published in the legal newspaper ana sent to ail potentially attectea
property owners intorming then or the public nearing. He statea Mark
Anaerson, OPUS, has to leave the meeting. However, ne statea ror the
record that Mr. Anaerson is in support or the project.
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Marc Hanson reviewea the bacKgrouna anu inzormea the Council or
the aetails or the improvements.
Milarea SchinaelaecKer, 2875 South Lexington, statea she naa
been previously assessea rot other improvements. She questionea the
cost or the current assessment. Mr. Hanson statea the cost will be
approximately 13,000.00 to her property. Ms. Scninaelaecker askew
the cost or her motner's estate property. Mr. Hanson statea it woula
be approximately 015,000.00. Mr. Colbert statea the tirst payment
ror the assessment woula be May, 1990. The payments will extena tor
ten years. An estimate of the interest woula be between 9% ana 10%.
Wachter movea, Egan seconaea, the motion to close the public
nearing ana approve Project 539 (Eaganaale Center Inaustrial Park
10th Aaaition - Utilities) ana auttiorizea the preparation or aetailea
plans ana specitications. All votea in ravor.
PRELIMINARY PLAT EXTENSION/BUR OAK ADDITION
The City Aaministrator statea a letter naa been receivea trout
Harstaa Companies requesting an extension or the Bur Oak Aaaition for
the 2na Aaaition. Their reason ror pursuing the extension was to
negotiate with the City the possibility or selling Tana on the west
sine or the plat rot a community athletic racility. This item was
aiscusseu at the joint APRC ana City Council meeting on May 26, 1988.
It rurther review aetermines the site is not aesirable as a community
athletic riela, the Harstaa Companies will pursue their rinal
platting ana aevelop the lots in accordance with their approvea
preliminary plat. Mr. Heages statea it the preliminary plat
extension is approvea, start recommenas treat the aeveloper be
requestea to notiry each ana every buyer that the lots are locatea in
Noise Zone 4.
John Johnson, consulting engineer ror Harstaa, statea the
aeveloper is aware or the noise conaition ana accepts the proposal by
stall.
Egan movea, Gustarson seconaea, the motion to approve the
preliminary plat extension for 1 year trom June 7, 1988 tor Bur Oak
2na Aaaition with the conaition the aeveloper notify each ana every
buyer that the lots are locatea in Noise Zone 4. All votea
artirmatively.
ORDINANCE AMENDMENT/PICKETING IN RESIDENTIAL NEIGHBORHOODS
City Aaministrator Heages statea the police aepartment has
requestea the preparation ana consiaeration or an orainance that
woula ban or regulate by permit, picketing or private resiaences.
The City's prosecuting attorney, Kevin Eiae, has preparea an
orainance that restricts picketing or private resiaences with the
exception or picketing where the site or the picKeting is a
resiaential nome, or a public or private improvement that is
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currently under construction in a residential area, or where a
business is lawfully being conauctea in a residential area and for
which no other torum exists tor the expression of tree speech. He
statea the police aepartment has requested the ordinance to protect
the weltare and integrity or residential neighbornooas. A total
restriction is most regulatory causing a total prohibition or
picketing in residential neighborhoods providing maximum enforcement
for the police aepartment. A permit process would require orricia.i
notification to the Eagan Police Department, a notification process
that is important to an orderly demonstration.
Captain- Geagan upaatea the Council with past problems regaraing
picketing. He stateu he is concernea for the neighbors or the people
who are potential targets or picketing.
Attorney Eiae reviewea with the Council his letter to the City
Administrator aatea April 29, 1988 concerning the picketing
ordinance. He statea that no known cases have been touna wnere an
ordinance banning picketing has survived constitutional challenge.
However, there is clear indication in these cases that an ordinance,
properly constructed, could survive constitutional challenge.
Mr. Egan statea he felt paragraph 3(a) or the proposed ordinance
should be aeletea. Be also questioned paragraph 3(b). Mr. Eiae
agreed to the deletion or paragraph 3(u). Mr. Eiae statea because or
the size or the Eagan police torce, he felt paragraph 3(b) was
necessary in the ordinance. Mr. Egan asked Captain. Geagan it other
community police otticers could be asked tor assistance under the
joint powers agreement. Mr. Geagan stateu there is the possibility
provided there is advance notice or the picketing. He stateu the
police aepartment is very busy and short or help.
Don Mueting, 1206 Carlson Lake Lane, stated he has been a
resident or the City or Eagan ror nine years. Be is concernea about
the picketing ordinance and states the City Council should reject the
proposal. He reels it is an impingement on constitutional rights
regarding Tree speech. He reels the City will have problems
aetenaing the constitutionality or the ordinance. He statea the
ordinance is vague ana questioned what is ;'demonstration" and what
would the cost to the City be in uetenuing a lawsuit.
Mayor Ellison asked Attorney Eiae what is the definition or
"aemonstration." ana may a resident ,"picket," on their own property.
Mr. Eiue statea he will research further the terminology in the
ordinance regarding the wore "demonstration". He statea he goes
agree that "picketing" on one's own property would be incluaed in the
permit process.
McCrea statea she cannot support the total ban proposal. She
reels the ordinance must be structured as a permit process. She
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06/07/88
reels rreeaom or speech is important, however, she is concerneu rot
the sarety ana welrare or the public.
Mr. Wachter stateu the matter shoula not be returnea to the
Planning Commission. He is in favor or the orainance with a permit
process. The permit will be a notice to the public ana the police
aepartment ror public sarety.
Gustavson statea he reels the Council snoula not impinge on tree
speech. However, ne reels reasonable regulations are neeaea ror all
public satety ana tranquility. He supports the orainance 90%.
Mayor Ellison statea he reels he has become the chief aerenaer
or the orainance. He statea as a tormer newspaperman, he reliea
heavily on tree speech. He stateu the proposal ror the orainance was
brought by the police aepartment as a precautionary step ana tnat toe
orainance was neeaea nor the protection or neighbors. He statea he
reels there shoula be reasonable perimeters within the permits.
Councilrnernber Egan statea he reels the Council may be buying
trouble by even enaorsing the orainance with a permit. He is
concernea regaraing the cost or litigation. He states he reels there
is no clear ana burning issue to protect. He stateu the orainance is
too vague.
John Klein askea shoula the permit process is grantea and a
trageay or aestruction or property occurs, woula the City be liable.
Attorney Eiae statea he feels there is not liability on the City's
part as the picketers must abide by all state ana local laws.
Wachter movea, Gustarson seconuea, the motion to approve an
orainance amendment regarding picketing or private resiaences with
the rollowing conaitions:
1. Deletion or paragraph 3(a) or the proposea orainance which
states "the City Aaministrator aetermines that proposea activity is
not constitutionally protectea tree speech".
2. The aeletion in SUBD. 3. Permit. or the reverence to the
City Aaministrator reviewing the permits.
3. The aeletion in 4(t) or the woras "or illicit urugs".
4. The revision in 4(n) trom 300 meet to 350 teet.
5. The revision in 4(h) stating One City snail notiry the
Chien or Police ana each lanaowner/tenant
McCrea statea she reels more clarirication or the orainance is
necessary. Egan statea there seems to be little public interest in
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06/07/88
the oruinance ana the matter snoula me aroppea or the City will oe
embarrassea.
Wachter, Gustarson, ana Ellison votea in ravor; McCrea ana Egan
were opposea.
ORDINANCE AMENDMENT/SUSPENSION/REVOCATION OF LICENSE TO SELL ALCOHOL
Mr. Heages statea police management, the prosecuting attorney,
ana riimselt are proposing that an orainance amenament we consiaereu
that woula proviae a more clear ana rair proceaure relating to the
suspension or revocation or a license to sell alcoholic beverages.
Recently, the City experiencea some violation regaraing the sale or
alcoholic beverages cy various on-sale liquor establisnments. Arter
review or the current orainance, it is clear that the language goes
not clearly give airection as to how the City snoula proceeu relatea
to a suspension or revocation. He statea he suggests the tollowing
changes to the proposea orainance; 1) In Section F. (Violation) the
aeletion or "or any other employee or agent or the City or Eagan". 2)
In Section G. (Hearing) the revision or the wore "snail" in the rirst
line to the wora "may" ana the autition or the wora "inaepenaent"
werore "hearing examiner".
Mr. Eiae statea he reels an aaaitional change snoula we maue to
the proposea oruinance. he suggestea the change in Section H.
(Penalty) to reau "Section 5.02, Suou. (4)(r)." He statea the
proposea amenament woulu give the Council more latituae in aauressing
violations.
Wachter movea, Egan seconaea, the motion to approve the
amenament to Chapter 5, Section 5.02 (F) or the Eagan City Coue
relating to the suspension or revocation or a license to sell
alcoholic Leverages, with the rollowing conaitions:
1) In Section F. (Violation) the aeletion or "or any other
employee or agent or the City or Eagan".
2) In Section G. (Hearing) the revision or the wora ."shall" in
the rirst line to the wora "may" ana the aaaition or the wora
"inaepenaent" betore "hearing examiner".
3) In Section H. (Penalty) The revision to reaa "Section 5.02,
Suba. (4) (t)
All votea in ravor.
ORDINANCE AMENDMENT/DEVELOPMENT STANDARDS FOR SUBDIVISION REGULATIONS
The City Aaministrator upaatea the Council on the backgrouna or
the proposea stanaarus. He statea the main items to me consiaerea
are: 1) exterior finish; 2) unaergrouna parking; 3) association
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06/07/88
bylaws; 4) maintenance codes; 5) maximum number of units - bulk and
size requirements; 6) landscape regulations; 7) parking lot
standards; 8) length of cul-de-sacs; 9) and other requirements such
as attached garages, pre-forestation. Mr. Hedges stated that at the
recent workshop on May 23, 1988, the City Council directed that an
amendment to the subdivision ordinance be prepared by the City
Attorney and reviewed by the Developers' Task Force. The Developers'
Task Force met on June 2, 1988 to review the proposed regulations.
He stated after further consideration is given to the proposed
ordinance, the matter should be sent to the Advisory Planning
Commission for their review and consideration at their June 28, 1988
meeting.
John Voss updated the Council on the Developers' Task Force
meeting. He stated it was a very helpful meeting and that the
developers agreed with many of the suggested terms. He stated their
talk at the present time is general and not on specific matters.
Mr. Wachter stated he feels the development standards are
absolutely necessary.
Wachter moved, McCrea seconded, the motion to direct a public
hearing before the Advisory Planning Commission at their June 28,
1988 meeting to consider an ordinance amendment that considers new
development standards. All voted affirmatively.
PRELIMINARY PLAT/CRYSTAL PONDS
City Administrator Hedges stated a public hearing was held by
the Advisory Planning Commission at a regular meeting held on March
24., 1988 to consider the preliminary plat application for the Crystal
Ponds Addition consisting of 137: rental apartment units on 13.47'
acres located along the south side of Highway 55: just north of the
Bur Oak Park area. The APC recommended denial of the application.
At the April 19., 1988, City Council meeting, this item was sent back
to the APC due to the developer's request to revise the project by
adding an additional road connection point to eliminate the request
for a variance, reduction of dwelling units and additional screening
and landscaping along the property lines of adjacent property owners.
The APC again considered the proposal with the revisions at their
April 26', 1988, meeting. The motion to approve this plat with
additional conditions was deadlocked three to three.
The City Council considered the APC's most recent recommendation
at their May 3, 1988 meeting and a motion was introduced to continue
the application in order to allow the staff to review the cul-de-sac
option, to request a response from MnDOT regarding the access
alternatives and safety issues and that the Council reconsider the
application at its June 7', 1988 meeting.
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06/07/88
Dale Runkle statea the planning aepartment has met with
representatives or MnDOT to review the proposea cul-ae-sac option ana
stair is in agreement that the cul-ae-sac shoula be incluaea as a
part or the project's approval.
Gary Ganarua, representative ror ASP Construction, statea the
aeveloper is aware or the proposea changes in the subaivision
orainance ana will mane every errort to incluae the new regulations
in his project. He statea the multiple tamily zoning is alreaay in
existence ror this property. He statea the rerorestation or the
aevelopment is in excess or the new proposea orainance requirements.
Dwight Larson, 3225 Ranaom Roaa, askea who will pay ror the
roaaway's construction ana statea the whole neighborhooa is against
the project. He suggestea the aeveloper apply tor rezoning as the
apartment complex intringes on the neignbornooa. Mr. Ganarua statea
tree aeveloper will pay ror the roaaway project.
Mayor Ellison askea the City Attorney it the zoning mistakes
rrom 20 years ago can now be correctea. Mr. Sheiaon statea the
zoning is appropriate tor the type or aevelopment currently proposea.
he statea the current owners or the property have the right to use
their property as they wish.
Mr. Larson statea the aeveloper will aestroy many or the trees
in the area. He reels the new aevelopment orainance proposal snoua
be in place r,etore the Council approves this project.
Dave Roe, 3216 Ranuom Roaa, reels the neighbors aeserve high
quality construction in their area. He statea the City neeas
guiaelines for long term aevelopment. He reels the aeveloper is
looking tor a snort term profit ana is minimizing the costs.
Don Chapaelaine, 575 Chapel Lane, concurrea with Mr. Roe. He
statea ne still reels the rence is necessary. However, more
lanascaping is also requirea. He also feels there shoula be 100%
bricK on the exterior or the builaing.
Mrs. Manninen, 624 Sally Circle, asKea it Mr. Asp owns the
subject property. Mr. Ganarua statea Mr. Asp has a binaing purchase
agreement but noes not nola tee title at the present time. Mrs.
Manninen statea the proposea complex will be on Eagan's entrance anu
it will make a poor rirst impression. She questions where the school
buses will loaa ana unloaa aria asKea the Council it they will be
responsible it a chila is hurt.
Ron Hort, his mother owns property west or the aevelopment,
asKeu with only one entrance/exit he questionea it the cul-ue-sac
will some aay be eliminatea. Mr. Colbert statea ne coula make no
assurances, however, he thought the probability was slight.
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06/07/88
David Manninen, 624 Sally Circle, stated the Council should be
concerned about accidents and deaths at the intersection. He stated
the access should not be on busy Highway 55.
McCrea asked Colbert if any studies have been done regarding
safety factors. Colbert stated there have been no studies completed.
Don Tietjen, 555. Chapel Lane, asked if there is an option to
down zone the property and if so, what would the cost be. Mayor
Ellison stated the current purchasers of the property are satisfied
with the current zoning and no estimate could be given regarding the
cost for rezoning.
McCrea stated she feels the developer has done all he could to
work with the City. She feels the intersection is a hazard. She
asked the developer if he would be willing to adhere to the new
proposed ordinance conditions. Mr. Gandrud said they would attempt
as much as possible, however, in some areas it would be impossible,
such as the underground parking and the brick percentage problems.
Mayor Ellison applauded Mr. Asp's attempts and stated he
preferred to not have apartments on that property. However, the
zoning is appropriate and felt a condition in which 75o,brick was
necessary on the project should be stipulated if the project was
approved. He felt without this 75%,brick condition the project
should wait until the proposed development ordinance is passed. Mr.
Asp stated he felt he could not do 75o,glass, stone or brick at this
time with the current design that has been proposed.
Mr. Sheldon stated the state requires the City to either approve
or deny a preliminary plat within 120 days from petition. If no
action has been taken after 120: days, there is automatic approval
without any conditions.
Mr. Gustafson stated that to date no one has been killed at the
intersection. He feels it is unfair to postpone the project pending
the approval of the new standards.
McCrea moved, Egan seconded, the motion to approve the
application for the preliminary plat as revised and entitled Crystal
Pond Addition, consisting of 137:rental units located adjacent to
Highway 55 just north of the Bur Oak Park area, subject to the APC
conditions and the following:
1. To the maximum extent possible, the staff is to enforce the
new quality control measures which will be taken into account with
the proposed development standard ordinance.
2. Review by MnDOT regarding the safety of the intersection at
Highway 55.
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06/07/88
Gustafson, Ellison, Egan ana McCrea votea in tavor; Wachter was
opposea. See Plat File
ORDINANCE AMENDMENT/CHAPTER 2 ISSUANCE OF CITATIONS
City Aaministrator Heages statea start recommenas the
continuance or this matter.
Gustafson movea, Egan seconaea, to continue the orainance
amenament, Chapter 2, Issuance or Citations matter to a ruture
Council meeting. Wachter, Gustafson, Ellison ana Egan all votea in
ravor; McCrea was assent trom the Council Chamcers at the time.
ORDINANCE AMENDMENT/CHAPTER 4 TEMPORARY OFF-SITE SIGN POLICY
Mr. Heages statea the proposea amenament incorporates into the
existing orainance a reference to the temporary oft-sign policy
acoptea my the City Council on May 19 , 1987.
Egan movea, Gustafson seconaea, the motion to approve aaoption
or the amenumerit to Chapter 4 regaraing the temporary ort-site sign
policy as presentea. All votea in ravor.
ORDINANCE AMENDMENT/CHAPTER 4 CERTIFICATES OF SURVEY FOR NEW
CONSTRUCTION
Mr. Heages statea the proposea orainance amenament aaas the
requirement that a certificate or survey rrom a registerea lana
surveyor is requirea ror all new construction wherein aaaitiona lana
is to we occupieQ by structure or expansion or an existing structure.
It is a conaition or ouilaing permit issuance. This amenament will
allow start to evaluate a new structure or aaaition as to whether it
meets the proper setoacKs ana the percentage or cuilaing area.
Mr. Wachter questionea it this amenament woula inciuue all new
construction incluuing auuitions. He asKeu what the estimate or a
cost rot the surveys woula me. Mr. Heages statea all new
construction woula me incluaea with this amenament ana he relt an
estimate or the survey cost woula we near $200.00.
McCrea movea, Egan seconaeu, the motion to approve the orainance
amenament aauing a requirement that a certiricate or survey rrom a
registerea lana surveyor me requirea tor all new construction wnerein
aauitional lana is to we occupiea my a structure or an expansion or
an existing structure. Gustafson, Ellison, Egan ana McCrea votea in
ravor; Wachter was opposea.
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06/07/88
ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF LIQUOR LICENSING
PROVISION
Heages statea this amerrament will clarity the transter section
or the liquor licensing provisions ana eliminates the neea to process
a new application it at least 90% or the issuea ana outstanaing
snares are in the same ownership as at the time or the original
application. He statea this situation was occurring frequently with
the Pizza Hut Corporation.
Egan movea, McCrea seconaea, the motion to approve the orainance
amerrament entitlea "Beer, Wine & Liquor Licensing ana Regulation" Dy
arnenuing section 502, Suva. 4a regaraing transfer or licensing ana,
by aaopting by reference, Eagan City Coae Chapter 1 in Section 5.99.
All votea atrirmatively.
ORDINANCE AMENDMENT/CHAPTER 5 CLARIFICATION OF BEER AND LIQUOR IN
CITY PARKS
City Aaminstrator Heages stateu the proposea amenament clarifies
the use ana possession or Deer ana malt liquor in City parks. The
intent or this cnange is to allow some use or beer ana malt liquor in
parks wnile controlling the type or containers ana quantity or
alcohol unaer possession in a City parK.
McCrea movea, Gustafson seconaea, the motion to approve the
orainance amenament to Criapter 5 that regulates the provision
regaraing 3.2 Deer in parks. All votea yes.
ORDINANCE AMENDMENT/CHAPTER 5 REMOVING RESTRICTIONS ON OWNER SALE
FROM OFF-SALE OF 3.2 BEER
Wachter movea, Gustafson seconaea, the motion to move this item
on the agenua to Aaministrative Agenaa. All votea yes.
ORDINANCE AMENDMENT/CHAPTER 9 EXPANSION OF PROHIBITION ON PARKING OF
VEHICLES FOR SALE
Heages statea this proposea amenament woula expana the
prohibition on parking vehicles for sale to public property otner
than street ana private property without the owner's consent. It has
been the City's policy that automobiles with ror sale signs not be
aliowea to be parxea on any City street throughout the community.
The police have iaentitieu a recent abuse or public property with
either the parking or vehicles with tar sale signs on public
right-or-way, aajacent to public parks or other areas. Thererore, an
orainance tnat aua language "other public property or upon private
property without owner's consent." is suggestea.
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06/07/88
ti
Egan movea, Wachter seconaeu, the motion to approve the
orainance amenament to Chapter 9 "Expansion or Prohibition ana
Parking or Vehicles ror Sale." by aaaing ."other public property or
upon private property without the owner's consent". All votea yes.
SPECIAL PERMIT/WELSH COMPANIES FOR TEMPORARY SIGN
Heages statea an application ror a special permit was submittea
Ly Welsh Companies requesting approval or an existing 8' X 8' X 10'
on-site temporary sign. The 10' existing sign was erectea
approximately nine months ago. He stated the sign meets all setback
requirements ana sign oruinances.
Egan movea, McCrea seconaea, the motion to approve the special
permit or a temporary sign ror Welsh Companies, Inc., subject to the
following conaitions:
1. A one-year temporary time perioa, beginning June 7, 1988.
2. All signage shall be subject to the one-time sign tee or
X2.50 per square root.
3. All other applicable cone requirements.
WAIVER OF PLAT, ZACHMAN BROTHERS CINNAMON RIDGE 6th ADDITION
Mr. Heages statea an application tor a waiver or plat was
submitted by Zacnman Brothers Construction Company, Inc. requesting
waivers or plats ror two lots in the Cinnamon Riage 6tn Aaaition.
Wachter movea, Gustavson seconaeu, the motion to approve the
waiver or plat tor Zacnman Brothers Construction to allow inaivicual
ownership tor Lots Four (4) ana Eight (8), Block One (1), Cinnamon
Riage 6th Aaaition. All votea yes. R-88.38
VARIANCE/UNITED MORTGAGE FOR SETBACK VARIANCE
Runkle statea an application was submitted by United Mortgage
requesting a 10' variance trom the 40' minimum setback trom Elrene
Roaa. He statea the applicant is requesting the variance tor various
reasons incluaing the reaucea value ana size or the nouse. Mr.
Runkle statea the proposea house plans meet or exceea all other
setback requirements.
Gustavson movea, McCrea seconaea, the motion to approve the
variance requestea by Unitea Mortgage tor the Hills or Stone Briage
to allow a 10' variance rrom the 40' set back requirement tor Lot
Thirty-one (31), Block Six (6), hills or Stone Briage. Gustavson,
Ellison ana McCrea votea in ravor; Wachter aria Egan votea against.
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06/07/88
ENVIRONMENTAL ASSESSMENT WORKSHEET/BRIDLE RIDGE 2na ADDITION
Heages intormea the Council that as a part or the proposea
Briale Rioge 2na Aauition aevelopment, an environmental assessment
worxsneet is requirea to aetermine whether an environmental impact
statement is necessary. The tinaings ana tact ana resolution
preparea by the start inaicate that a negative aeclaration or neea
ror an environmental impact statement is in oraer for consiceration
by the Council ror the Briale Riage 2na Aaaition project.
Egan movea, Wacriter seconaeu, the motion to approve a negative
aeclaration of neea ror an environmental impact statement ror the
Briale Riage 2na Aauition. All votea in favor. R-88.39
REVISION TO PD/POND VIEW ADDITION
Heages statea a public hearing was hela by the Auvisory Planning
Commission to consiaer a revision to the Pona View Aaaition plannea
aevelopment that requires the multiple resiuential area be removea as
a part or the proposea plannea uevelopment. The APC is recommencing
to the City Council that the amenument to the Pona View Aaaition
plannea aeveiopment to remove the multiple resiuential area be
approvea.
Egan movea, McCrea seconaeu, the motion to approve the revision
to the plannea aevelopment that removes the aesignation or a multiple
resiuential area. All votea in savor.
EAGANDALE/LEMAY LAKE 3ra ADDITION
Runxle statea a public hearing was hela by the Auvisory Planning
Commission at their regular meeting on May 24, 1988 to consiaer a
preliminary plat application for 8.1 acres within the Eaganaale/Lemay
LaKe 1st ana 2na Aaaitions consisting or one 2.3 acre lot anu outlot
aria a conaitional use permit for a pylon sign locatea south of Lone
Oax Roaa aria west;ot Highway 35E. The APC is recommencing approval
tor both the preliminary plat ana the conaitional use permits.
Incluaea as a conaitional use permit are uses ror the property such
as an automobile service/car wash, arive through toou racility ana
ott-site 3.2 beer sales.
Marc Anaerson, representative for Northwest Mutual Lite
Insurance Company, statea the aeveloper neeas approval or the
preliminary plat ana the conaitional use permits ana a gracing
permit. Mr. Ravich explainea the layout or the proposea center.
Mayor Ellison asxea it the approval or a gracing permit was
necessary by the Council. Mr. Colbert statea no action was necessary
by ttie City Council.
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06/07/88
Wachter moved, Egan seconded, the motion to approve the
preliminary plat for Eagandale/Lemay Lake 3rd Addition, a conditional
use permit for a pylon sign and a conditional use permit allowing
certain business uses, subject to the following conditions:
1. Standard conditions of plat approval as adopted by Council
action on September 15, 1987, shall be complied with: A.1., B.1.,
B.2., B.36, C.1:., C.2., C.4., D.1:, E.1:, F.l. and G.l.
2. All signage shall be subject to the one-time sign fee of
$2.50 per square foot.
3. Additional plant material will be added to the southern
property line area to adequately screen the rear side of the
building.
4. The development is required to provide sufficient roadway
easement to provide at least 8' of boulevard clear space between the
existing five foot wide sidewalk along Eagandale Place and the
landscape berming required to properly screen the proposed parking
area.
5. All four sides of the 16',000 square feet structure will be
brick.
6. Redesign the access point configuration in the southeast
parking lot to a "T" configuration.
All voted yes.
ROBERT J./GRACE M. O'NEIL
City Administrator Hedges stated a public hearing was held by
the APC to consider an application to rezone the 117=acre parcel from
commercial planned development to an updated commercial planned
development as present by Robert O'Neil and Grace O'Neil. The APC is
recommending denial of the amendment and approval of a concept plan.
City Attorney Jim Sheldon recommended to the Council the continuance
of the matter because the freeway zoning classification is not in the
current zoning code for the City of Eagan.
John Shardlow stated he disagrees with Mr. Sheldon's statement.
However, he feels the Council should act as they feel comfortable.
Mr. Sheldon stated the settlement agreement required the O'Neils to
immediately apply for the zoning and they have done that. The
Planning Commission has approved the concept. The next logical step
would be for the City to direct preparation of a zoning ordinance
that would establish a freeway development district classification.
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06/07/88
Martin Colin stated he feels there are many questions which need
to be answered including dedication of ponds and indirect permits.
Mr. Hedges stated there is no planned development agreement,
only a settlement agreement. Mr. Hedges recommended the continuance
of the matter.
Egan moved, Wachter seconded, the motion to continue the planned
development amendment that changes the commercial designation and
uses for the O'Neil property for staff preparation of a freeway
zoning ordinance to be presented at a workshop in July, 1988. All
voted yes.
COMPREHENSIVE GUIDE PLAN AMENDMENT/LEXINGTON LAND COMPANY AND
REZONING
Mr. Hedges stated a public hearing was held by the Advisory
Planning Commission to consider an application submitted by Lexington
Land Company, Inc. requesting a rezoning to a planned development for
57'acres located west of Lexington Avenue and south of the bulk mail
plant at their May 24, 1988 meeting. The APC is recommending
approval of both the comprehensive guide plan amendment and rezoning.
Dale Runkle stated if the rezoning to a planned development is
approved, it should be contingent on a comprehensive plan amendment
which would be processed through the Metropolitan Council and to a
planned development agreement that would be executed between the
applicant, owner and the City prior to the rezoning.
Mr. Shardlow stated the Lexington Land request is separate from
the O'Neil property request. He further stated the developer has
agreed to all APC conditions.
City Attorney Jim Sheldon stated the applicant is requesting a
comprehensive guide plan amendment and rezoning. He informed the
Council if they feel the use is appropriate, they should approve the
comprehensive plan guide amendment. The approved amendment must then
go to Metropolitan Council. The Council cannot rezone at this time
until Met Council approval.
Greg Gustafson, Lexington Land Company, asked how long it takes
for Metropolitan Council approval and what the next steps would be.
Mr. Sheldon stated the first step would be for the Council to
approve the comprehensive guide plan amendment. After this approval,
the staff would prepare the planned development agreement which would
be presented to the City Council for approval.
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06/07/88
J
Mr. Gustafson stated he should have asked for light industrial
zoning at the beginning of his proposal instead of the planned
development.
Charles Bartholdi, Federal Land Company, asked the Council to
consider his previous discussions with the Council regarding this
matter and also all correspondence he has forwarded to them. He
stated he had the following points to make:
1. The Council should not take any action on the zoning until
Metropolitan Council approval.
2. He stated he has difficulty in obtaining the necessary
information he needs from the City.
3. He feels he needs further information on the traffic
analysis.
4.. He feels the Council is losing control of the zoning in
Eagan.
Mr. Egan stated he is concerned because the preliminary plan
application has not been submitted at this time and no specific plan
has been approved or any. specific user identified with this
particular development proposal.
Mr. Gustafson stated he is not tied to the O'Neils' development.
He stated he needs some indication from the Council as to the
potential future zoning of the area so he can attract developers.
Egan moved, Ellison seconded, the motion to continue the
comprehensive guide plan amendment and rezoning for the Lexington
Land Company to allow a planned development located south of the bulk
mail facility agenda to Lexington Avenue to the first meeting in
August. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter
voted against.
Ellison moved, McCrea seconded, the motion to approve an
unbinding resolution by the Council stating that the Lexington Land
Company property will be developed as a use other than residential.
This land will probably be some type of industrial. All voted
affirmatively.
CONTRACT 88-16", RECEIVE BIDS/AWARD CONTRACT (LEXINGTON SQUARE STORM
SEWER)
Mr. Colbert stated bids were received on this project on Friday,
May 27:, 1988 for the installation of storm sewer improvements within
Lexington Avenue to provide additional storm sewer outlet capacity to
the Lexington Square development. He stated all bids have been
checked for their accuracy in compliance with plans and
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specitications ana it is recommenaeu that the contract be awaraea to
the low biaaer, Glenaale Contractors.
Gustafson movea, Wachter seconaea, the motion to receive the
bias ror Contract 88-16 (Lexington Square Storm Sewer) ana awara the
contract to Glenaale Contractors in tree amount or $347,215.00 ana
authorizes the Mayor aria City ClerK to execute all relates aocuments.
All votea yes.
CONTRACT 88-12, RECEIVE BIDS/AWARD CONTRACTS (EAGAN HIGH SCHOOL
ADDITION)
Mr. Colbert states bias were receives on Weanesaay, June 1, 1988
tor the installation or utilities to serve as the Eagan High School
Aaaition. All bias have ueen cnecKea ror their accuracy in
compliance with the bia specifications. It is recommenaea that the
contract oe awaraea to the low Disaer, CECA Utilities.
Wachter movea, Egan seconaea, the motion to receive the bias rot
Contract 88-12 (Eagan High School Aaaition - Utilities) ana awara the
contract to CECA Utilities in the amount or $321,196.37 ana
authorizea the Mayor ana City Clerk to execute all relatea aocuments.
All votea in favor.
CONTRACT 88-6, RECEIVE BIDS/AWARD CONTRACT (BRAUN COURT - STREETS &
STORM SEWER)
Tom Colbert states the City receives Dias on May 24, 1988 for
the secona time for the proposes installation or utility services,
storm sewer ana street improvements or Braun Court necessary to
service the proposea Harvey's Heritage Aaaition. He recommenaea to
the Council the acceptance or the low bia trom S.M. Hentges, Inc.
McCrea movea, Wachter seconaea, the motion to receive the bias
ror Contract 88-6 (Braun Court - Streets ana Storm Sewer) ana awara
the contract to S.M. Hentges, Inc. in the amount or $41,360.20 which
incluces the alternate bia aria authorizea the Mayor ana City ClerK to
execute all relatea aocuments. All votea yes.
CONTRACT 88-10, RECEIVE BIDS/AWARD CONTRACTS (EAGANDALE CENTER
INDUSTRIAL PARK 9th & 10th ADDITIONS - STREETS AND UTILITIES)
Mr. Colbert statea on June 2, 1988 formal bias were receivea on
this project. He statea all Dias have been checneu for accuracy in
compliance with the Dia specification aria it is recorniuerises that the
contract De awaraea to the low aiaaer, Richara Knutson, Inc.
Wachter movea, Egan seconaea, the motion to receive the Dias rot
Contract 88-10 (Eaganaale Center Inaustrial Parx 9th & 10tn Aaaitions
streets ana utilities) anu awara the contract to Richara Knutson,
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06/07/88
Inc. in the amount or $461, 334.79 ana authorizes the Mayor aria City
Clerk to execute all relateu uocuments. All votes in ravor.
CONTRACT 87-39, APPROVED CHANGE ORDER NO. 3 (FIRE STATION NO. 4)
Tom Colbert statea the original contract proviaeu ror a 6" water
service stuDoea into the apparatus room ror ruture sprinkling or this
facility. Due to the size ana location or this water service stub,
the tire aepartment requestea that it be reaucea to a 2" line ana
relocates aajacent to an existing wall to proviae greater clearance
space. The cost or this change oraer results in an aaaitional
$1,423.00 to the contract.
Gustafson moves, Wacnter seconaea, the motion to approve the
change oraer no. 3 to Contract 87-39 (Fire Station No. 4) ror an
aaaitional $1,423.00 ana autnorizea the Mayor ana City Clerk to
execute all relatea aocuments. All votea yes.
CONTRACT 88-22, APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS
(MISCELLANEOUS PROJECTS)
Mr. Colbert states cue to the reaucea scale or Project 514 -
Duckwooa Drive (Pona View Aaaition); Project 521 - Yorkton 2nu
Acuition - Storm Sewer; Project 530 - Kinaercare Aaaition - Water
Lateral; Project 535 - Carlson Lake Storm Sewer Litt Station Upgraae;
aria Project 539B - Eaganaale Center Inaustrial Park - l0tn Aauition -
Storm Sewer Litt Station, they have all been combines into one
contract to achieve the economies or scale in the biuaing process.
Egan movea, Wachter seconaea, the motion to approve the plans
ana specirications ror Contract 88-22 (Project 514 - Duckwooa Drive
(Pons View Aaaition); Project 521 - YorKton 2na Aaaition - Storm
Sewer; Project 530 - Kinaercare Aaaition - Water Lateral; Project 535
- Carlson Lake Storm Sewer Litt Station Upgraae; ana Project 539B -
Eaganaale Center Inaustrial Park - 10th Aaaition - Storm Sewer Litt
Station) ana authorize the aavertisement tor bia opening to be nelo
at 10:30 a.m., Friaay, July 1, 1988. All votes in ravor.
CONTRACT 87-25, APPROVE CHANGE ORDER NO. 2 (BRADDOCK TRAIL/ELRENE
ROAD)
The original contract proviaeu tor the installation or
regulatory ana trattic information signing ana stripping or the
streets. To ensure better unirormity ana comrormance with City
stanaaras ana proper scneauling, it was recommenaea that this work be
pertormea by the City's street maintenance aivision or the Public
Works Department rather than a subcontractor. This will result in a
ueauct trom the contract or $1,999.43. The cost incurrea by the
street maintenance uivision will be cnargea to these projects ana not
to the general tuna Duaget.
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06/07/88
Gustavson movea, Wachter seconaea, the motion to approve change
oraer no. 2 to Contract 87-25 (BrauoocK Trail/Eirene Roaa - signing
ana stripping) for aeauct or $1,999.43 ana authorizea the Mayor anu
City ClerK to execute all relatea aocuments. All votea in ravor.
CONTRACT 87-26, APPROVE CHANGE ORDER NO. 2 (WESCOTT ROAD)
As a result or the negotiations tor the acquisition or
right-or-way ana construction easements trom Parcel 10-01400-010-82
(Eawara Kalal), the City agrees to relocate tour large aiarueter pine
trees that existea within the acquirea right-ot-way. This results in
an auaitional cost or $1,462.64 to this contract which will be the
responsibility or the major street tuna.
McCrea movea, Gustarson seconaea, the motion to approve change
oraer no. 2 to Contract 87-26 (Wescott Roaa) aria autnorizea the Mayor
ana City Clerk to execute all relatea aocuments. All votea yes.
CONTRACT 88-3, APPROVE CHANGE ORDER NO. 1 (NORTHVIEW PARK ROAD)
The original contract proviaea tor the installation tar
regulatory ana trattic inrormation signing ana stripping or the
Northview Park Roan. To ensure wetter unitormity ana conformance
with City stanaaras ana proper scheauling, it was recommenaea that
this work be perrormea by the City street maintenance aivision or the
Public Works Department rather than a subcontractor. This results in
a total aeauct to the contract of $3,377.81. The cost incurrea by
the street maintenance aivision will be charges to the project ana
not to the general tuna buaget.
Gustafson movea, Wachter seconaea, the motion to approve change
oraer no. 1 to Contract 88-3 (Northview Park Roau - signing ana
stripping) for aeauct or $3,377.81 ana authorizes the Mayor ana City
Clerk to execute all relates aocuments. All votea yes.
UTILITY MAINTENANCE PUMP, RECEIVE BIDS/AWARD CONTRACT
Colbert states rormal bias were receives on May 19, 1988 for the
purchase or an 8" portable pump for the utility maintenance aivision
to proviae auaitional capacity for emergency pumping or storm water
ponces, sewer trenches, etc. The apparent low biaaer,
Rurrriage-Johnson Equipment, aia not meet the specirication
requirement ana, tnererore, it is being recommenaea that this
contract be awaraea to the secona low biauer, Hayuen-Murphy Equipment
Co. in the amount of $19,200.00.
Gustatson movea, Wachter seconaea, the motion to receive the
bias ror the public works utility maintenance pump ana awara the
contract to Hayaen-Murphy Equipment Co. in the amount or $19,200.00.
All votea yes.
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VEHICLE NO. 143/STREET MAINTENANCE VEHICLE/RECEIVE BIDS/AWARD
CONTRACT
Colbert statea that normal bias were received on June 1, 1988
nor the hyaraulics-aump box-sander-plow ana wing tor the cabin
chassis or vehicle no. 143 which was recently purchasea. In
evaluating the bia submittea by the low biaaer, it was iouna that
they aid not meet the specitications nor the structural support or
the dump box. This exception to the specifications is not acceptable
to the Public WorKs Department. It this moairication were
acceptable, the second ana tourtn biaaers were not given an
opportunity to provide a similar reaucea bia. Subsequently, it was
start's recoimuenaation that the contract be awaraea with the existing
specirications to Mialana Equipment in the amount or X22,594.00.
Gusta=son movea, Wacr:ter seconaea, the motion to receive the
bias for vehicle no. 143 (street maintenance vehicle - miscellaneous
plow equipment) to Mialana Equipment nor $22,594.00. All votea in
ravor.
VEHICLE NO. 144, STREET MAINTENANCE VEHICLE (FRONT END LOADER)
Mr. Colbert statea the Council receivea previous bias on April
5, 1988 for the acquisition or a front ena loaaer as a part or the
approvea 1988 buaget. At that time, there were objections presentee
by one or the biaaers regarding the "total cost bia" process employees
by the City or Eagan requiring a guaranteea repurchase price at the
ena of Live years similar to other pieces or heavy equipment recently
purchasea by the City. The Council airectea the start to reaavertise
for new bias on both the total cost bia with an alternative for
straight purchase. In order to obtain aaaitional intormation for
tuture recommendations, the stair revisea the uia specitications to
require that every prospective biaaer maKe available the piece or
equipment being bia on tor actual operation experience by Public
Works Maintenance personnel. Peter Borchert was present at the
meeting and commended the Council on their effort.
Basea on the extensive evaluation by two street maintenance
worKers, two equipment maintenance worKers, the divisional
supervisors ana superintenaent, it was start's recommendation that
the Council receive the bias ana aware the contract ror the purchase
or a rront ena loaaer to Ziegler Inc. ror Caterpillar 950B unaer the
total cost uia alternative.
McCrea comruenaeu the stair on their thorough worK ana research.
Wachter movea, McCrea seconaea, the motion to receive the bias
rot vehicle no. 144 (street maintenance vehicle - rront ena loaaer)
aria aware the contract to Ziegler Incorporatea ror Model 950B or
Caterpillar front ena loaaer unaer the total cost bia alternative.
All votea attirmatively.
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06/07/88
CONTRACT 86-JJ, FINAL ACCEPTANCE/TRAILS OF THOMAS LAKE - STREETS AND
UTILITIES
Colbert statea the Council has receivea a request ror rinal
acceptance or the puolic interest structure installea by the
oeveiopers or the trails or Thomas Lake Aauition along with a
certirication that the improvements installea conrormea to City
approvea plans ana specifications. It was requestea the Council
authorize the acceptance or these improvements ror perpetual City
maintenance ana the release or the relatea rinancial security.
Gustavson movea, Wachter seconaea, the motion to authorize the
rinal acceptance or Contract 86-JJ (Trails or Thomas Lake - Streets
ana Utilities) ror perpetual maintenance ana the release or the
relatea iinarcial security. All votea yes.
CALVARY MEMORIAL CHURCH/CONDITIONAL USE PERMIT
City Administrator Heages statea an application has ueen
suoraittea requesting a conaitional use permit to allow a
prorit-making aaycare racility in a public racility district. The
APC approvea the conaitional use permit at their May 24, 1988
meeting.
Wachter movea, McCrea seconaea, the motion to approve the
conaitional use permit ror Calvary Memorial Church to allow a aaycare
racility in a puolic racilities aistrict locatea along the south sloe
or County Roaa 30, just west or Dooa Roaa in the NW1/4 or Section 25,
subject to the rollowiny:
1. No aaaitional signage shall be permittea other than the
church sign along Dittley Roaa.
2. A license trom the State shall be requirea prior to the
occupancy or the Tea D. Bear Company in the church.
All votea in savor.
CARBONE'S PIZZAREA/CONDITIONAL USE PERMIT
An application has teen submitted requesting a conaitional use
permit to allow on-sale liquor, 3.2 Deer ana wine sales in a
community shopping center aistrict. The APC approvea the conaitional
use permit at their May 24, 1988 meeting.
Egan movea, McCrea seconaea, the motion to approve the
conaitional use permit to allow on-sale liquor, 3.2 beer, anu wine
sales in the Thomas Lake snopping center locatea in the SW1/4 or
Section 28, west or Thomas Lake Roaa along the north sloe or Clizz
Roaa, subject to all cone requirements. All votea yes.
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06/07/88
EUGENE VANOVERBEKE/WAIVER OF PLAT
Mr. Heages statea an application has teen submittea requesting a
waiver or plat zor the conveyance or a lana sale only; no aeveiopment
will occur as a result or this waiver or plat. He rurther statea the
APC approvea the waiver or the plat at heir May 24, 1988 meeting.
Gustafson movea, Wacnter seconaea, the motion to approve the
application or a waiver or plat in oraer to combine the north portion
or Lot Nine (9), Block One (1) or the Thomas Lake Heights Aaaition to
Lots Twenty (20) ana Twenty-one (21) or the Evergreen Aaaition
locatea south or Loagepole Drive in the NE1/4 or section 28, subject
to all applicable cone requirements. Ail votea in ravor.
R-88.40
HENRY BRAUN/WAIVER OF PLAT
An application has been submitted requesting a waiver or plat to
tnoaity the north ana west property lines or Lot Two (2), Block One
(1) in the Braun Sunrise Aaaition.
Wachter movea, McCrea seconaea, the motion to approve the
application by Henry Braun tor a waiver or plat in order to shift
property lines between Lots One (1) ana Two (2), Block One (1), Braun
Sunrise Aaaition locatea west or Drexel Court in the SW1/4 or Section
15, subject to the applicant ana stair successrully working out the
easement issue on the westerly corner or the lot. All voted yes.
R-88.41
OPIE'S/EXCLUSIVE LIQUOR STORE LICENSE
Mr. Heages askea ror direction from the Council regaraing a
request tor intormation regarding an exclusive liquor store license
ror Opie's. The Council intormea Mr. Heages they have an interest in
the project ana askea him to rurther research ana return to the
Council with more inrormation.
SPECIAL CITY COUNCIL MEETINGS/WORKSHOP
McCrea movea, Wachter seconaea, the motion to scheaule a special
City Council workshop/meeting ror Monaay, June 20, 1988 rrora 7:00
p.m. to 9:00 p.m. ana July 12, 1988 at 6:00 p.m. All votea in ravor.
FOUNDATION PERMIT/TOWN CENTRE SHOPPES
Charles Bartholai requestea the issuance or a rounaation permit
ror the project prior to rinal plat approval.
Wachter movea, Egan seconaea, the motion to approve the
rounaation permit tor Town Centre Shoppes development prior to rinal
plat approval. All votea yes.
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06/07/88
BILLS
Wachter movea, Egan seconaea, the motion to approve the payment
or the checklist dated June 7, 1988 in the amount of $721,656.41.
All voted in favor.
ADJOURNMENT
Upon motion ouly mace uy McCrea ana seconaea Dy Wachter, the
meeting was aajournea at 2:00 a.m. All votea positively.
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