04/05/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 5, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
April 5, 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, Public
Works Director Tom Colbert, City Planner Dale Runkle, Consulting
Engineer Bob Rosene, and City Attorney Paul Hauge.
AGENDA
Gustafson moved, Wachter seconded the motion to approve the
agenda as distributed. All voted in favor.
COUNCIL MINUTES
Regular Meeting - March 15, 1988. Upon motion by Wachter,
seconded McCrea, it was resolved that the minutes of the March 15,
1988 meeting be approved with the following exceptions: Page 6,
concerning Lexington Square, member McCrea's concern about the
adequacy of reviewing plans of storm sewer and constrsuction by the
developers; page 7, should read "she further mentioned greater
financial participation in relation to the Owners"; page 22, Pilot
Knob Road, Project #466, construction is expected not inspected;
page 22, dealing with Pilot Knob Road, should read "Diffley Road has
a low traffic rating rather than Pilot Knob Road and after
extensive", not extension. All members voted yes.
Special Meeting - February 25, 1988. Page 1, Community Center
No. 1 as indoor/outdoor swimming pool should be added.
Special Meeting - March 9, 1988 - City Council; March 9, 1988 -
Joint Meeting with Advisory Planning Commission; and March 24, 1988
- Special Meeting. Egan moved, Wachter seconded the motion to
approve the foregoing Minutes of Special Meetings. All voted in
favor.
PUBLIC WORKS DEPARTMENT
Burkhardt Plumbing - Outstanding Invoice. Tom Colbert explained
to the City Council the difficulty that the utility division had in
collecting an invoice for $28.26 from Burkhardt Plumbing and
requested direction from the City Council. Mr. Hedges stated that a
telephone call had been received from Mr. Burkhardt and that after
some objections, he indicated he would pay the bill. Egan moved,
McCrea seconded the motion to direct the staff to administratively
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forward one additional invoice to Mr. Burkhardt to request payment;
if there is no response by the end of April 1988, that no further
permits would be issued to Burkhardt Plumbing. Member McCrea
suggested that the staff review a policy regarding withholding
permits because of delinquent payments. All voted yea.
PARK & RECREATION DEPARTMENT
1. Community Center RFP - Architectural Services. Park and Rec
Director Ken Vraa was present and reviewed a memorandum dated March
29, 1988 from him directed to the City Council outlining a suggested
request for proposals from architects for the City Community Center.
It included both the process and selecting the architect and a time
line for the phase one study. City Administrator Tom Hedges asked
whether any council members desired to serve on the Interview
Committee. Councilman Egan and Wachter agreed to become involved
with the Committee. Member McCrea expressed that it was important
to keep the planning department involved in the process. Gustafson
moved, Wachter seconded the motion to approve the request for
proposals providing for architectural services. All voted in favor.
2. Thomas Lake Shelter Building. Mr. Vraa stated that the Park
and Rec Commission had given final approval to the building plan for
the Thomas Lake Shelter building and requested approval from the
City Council. His memo to Councilmembers dated March 29, 1988
indicated that the estimated building cost exceeded the projected
budget by about $25,000.00. He portrayed the plans prepared by
Schwarz Weber and noted the $25,000.00 overage was a conservative
architect's estimate.
The Park Committee recommended that alternates be provided for
certain design features and member McCrea questioned where the funds
for the project would be acquired. The answer was from federal and
state grants and partial City funding. It was also proposed that
the Park Site Fund would provide $25,000.00 to the community center
and $10,000.00 to Thomas Lake Park Building. Egan moved, McCrea
seconded the motion to approve the building plan for the Thomas Lake
Shelter building including the alternate proposed, with the
understanding that the contract to be awarded will be within budget
and further to authorize the staff to proceed with the actual
bidding for the project. All voted in favor.
STAFF RECOGNITION
City Administrator Hedges recognized Doug Reid having served 13
years as the Civil Defense Director, noting that that position will
now be transferred to the Eagan Volunteer Fire Department Chief. In
addition, he recognized Mike Reardon who had been approved as the
Cable Coordinator for the Burnsville/Eagan Cable Commission and
thanked Jon Hohenstein who had performed temporary duty as Cable
Coordinator for Eagan in recent months.
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CONSENT AGENDA
The following consent agenda items were presented to the City
Council and recommended by the staff for approval:
1. Personnel Items:
a. Cable Coordinator. For information purposes, it was
noted that Mike Reardon was selected as Cable Administrator to serve
the Cities of Burnsville and Eagan, chosen from a field of 39
candidates.
b. Ratification of VFD Pension Change. The recommendation
was made that the City Council authorize final ratification of the
new pension benefits for the Eagan Volunteer Firefighters Relief
Association and require that the appropriate amendments be drafted
for the Eagan Fire Department Relief Association's Constitution By-
Laws.
c. Planner I - Steve Schwanke. A recommendation was made
that the Council accept, with regrets, the resignation of Steve
Schwanke as Planner I in the Community Development Program and
authorize the advertisement of vacancy in the Planner I position for
the City.
d. Student Intern Recreation. Bonnie Blood, an
undergraduate student at the University of Minnesota has begun
interning with the Department of Parks and Recreation for the spring
quarter as part of her course requirements.
2. Plumbers Licenses. A schedule of 9 applications by plumbing
firms for plumbing licenses was submitted and recommended for
approval.
3. MWCC SAC Charges. A Resolution was submitted and
recommended to be approved by the City Finance Director, that the
City not participate in the Refund Program for certain SAC charges
resulting from a change in policy regarding the collection of SAC
fees for property where sanitary sewer service is not available.
Mr. VanOverbeke cited several reasons recommending against
requesting the refund from the MWCC and return to individual
property owners as outlined in the packet material. R-88.15
4. Staff Mileage Rate Increase. The recommendation was made
for an increase based upon a revision in the IRS allowances for the
use of personal autos from $.20 to $.25 per mile for City employees.
5. Beautiful Savior First Addition - Survey Correction. It was
recommended that the Council approve the land surveyor's Certificate
of Correction of the Beautiful Savior First Addition plat submitted,
in order to correct an error in the plat.
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6. Comserv Drive - Street Name Change. Recommendation was made
that the Council authorize the name change from Comserv Drive to
Yankee Drive, subject to MSA Advance Manufacturing, Inc. assuming
the costs associated with the street name change. It was noted that
the affected property owners had no objection to the name change.
R-88.16
7. Assistant Weed Inspector. Recommendation was made that Jim
McGuffee fill the position of Assistant Weed Inspector and carry out
the noxious weed enforcement program for Mayor Ellison.
8. Pond AP-50 - Storm Sewer Outlet - Project #452. A report
has been prepared and it was recommended that the feasibility report
for Project #452 consisting of storm sewer outlet for Pond AP-50 be
received and that the Council order a public hearing to be held on
May 3, 1988 at the Municipal Center at 7:00 p.m.
9. Blackhawk Pond - Sanitary Sewer Lift Station - Project '4534.
The staff indicated that the feasibility report has now been
completed for Project #534 consisting of pond restoration and
Blackhawk Pond sanitary sewer lift station and recommended that it
be received and that a public hearing be scheduled at 7:00 p.m. at
the Municipal Center on May 3, 1988.
10. Carlson Lake - Storm Sewer and Lift Station Upgrade -
Project #535. A recommendation was made by the staff to upgrade the
storm sewer lift station for the Carlson Lake outlet and in
addition, some minor storm sewer improvements. The recommendation
was made that a feasibility report for Project #535 be authorized.
11. Dodd Farm Addition - Final Plat. Upon application of the
developer, the staff recommended approval of the final plat
application for Dodd Farm Addition, based upon compliance with all
City requirements. R-88.17
12. Pilot Knob Road Improvement - Traffic Signal Agreement. A
Traffic Signal Agreement was submitted as part of the upgrading of
Pilot Knob Road and it was recommended that the agreement with
Dakota County covering Pilot Knob Road Project #466 be approved and
authorized to be executed by the Mayor and City Clerk.
13. South Oaks - Street and Utilities - Project #536. A
Petition was received from owners representing 20 lots in the South
Oaks subdivision requesting installation of sanitary sewer, water,
street improvements and street lights within the subdivision. The
recommendation was made that the Council receive the Petition and
authorize the consulting engineer to prepare the feasibility report.
14. Blackhawk Glen 3rd Addition - Final Plat. An application
was submitted by the Developer of the Blackhawk Glen 3rd Addition
for approval of the final plat and staff recommended approval
subject to compliance with City requirements.
R-88.18
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15. Stoney Point Addition - Final Plat. The next final plat
application reviewed consisted of Stoney Point Addition. The staff
recommended that Council approve the application and authorize the
execution by the appropriate officials, subject to compliance with
City ordinance requirements. R-88.19
16. Dallas Development 2nd Addition - Final Plat Extension. A
request has been received from Dallas Development Company for
extension of the final plat approval for Dallas Development 2nd
Addition. The previous extension of the final plat had expired and
staff recommended the extension be granted until April 30, 1988,
subject to a Planned Development Agreement being executed and
delivered.
17. Bomb Squad Agreement. - St. Paul Police Department. Police
Chief Berthe was present and recommended that an Agreement for
services be entered into with the St. Paul Police Department Bomb
Squad to assist the Eagan Police Department when necessary. He
explained that three police departments have bomb squads including
the St. Paul, Minneapolis and the MAC Police Departments. It was
noted that the MAC police will assist Eagan at no cost because of a
mutual aid agreement. Staff recommended approval of the Agreement
with the St. Paul Police Department, however, noting that no cost
would be involved unless the Airport Police were unable to assist
the Eagan PD.
Wachter moved, Gustafson seconded the motion to approve the
foregoing consent agenda items as recommended. All voted in favor.
RIDGEVIEW ACRES - STREETLIGHTS - PROJECT #522
Mayor Vic Ellison convened the public hearing regarding Project
#522 consisting of street light improvements for Ridgeview Acres.
Public Works Director Tom Colbert detailed the preliminary report
including the proposed assessments along the west side of Blackhawk
Road and the location and type of street lights that were proposed
to be installed according to City standards.
Carolyn Kompelien of 1726 Kyllo Lane, spoke against the project
and stated that 37 persons favored and 35 signed a petition against
the project. She was concerned about persons cruising through the
streets in the evenings and also indicated that the Rose Hill
Addition owners were the persons who started the Petition requesting
the report and that they were not being assessed. She argued that
the decorative lighting would not be a crime deterrent and that the
Blackhawk Road intersections were not dangerous. She mentioned that
there are 54 lots in Ridgeview and they are the only lots intended
to be assessed according to her information. She then requested
that the Ridgeview owners be allowed to initiate a Petition rather
than those in Rose Hill, in the event that they favor it.
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The owner of 1740 Kyllo Lane was present and stated that she had
not been contacted about the Petition, that her lot would not be
served because the home sits far back from the street. She
recommended that costs for street lights be raised through taxation
rather than being specially assessed and stated also that the buyers
of their home opposed the project.
Tom Colbert, upon question, indicated the Eagan policy is that
existing subdivisions would get street lighting through Petition and
assessments. A Petition was made for a study and not necessarily to
install the project and that the Rose Hill lot owners have
participated in installation costs when the plat was approved. The
owners on the west side of Blackhawk Road are not intended to be
assessed because the street lighting would be for internal streets
within Ridgeview Acres.
Floyd Heir of 3720 Knollridge in the Rose Hill Addition, stated
that he started a Petition and safety was an important reason and
argued that any street lights are a deterrent to crime. He
requested approval of the project.
Timothy Flanagan of 1745 Monterey Lane was opposed and
recommended street lights on Blackhawk Road only.
Mike Ryan of 1795 Crestridge appeared in opposition but would
support lights being installed in Blackhawk Road. He also
recommended that if the project is installed, that the assessments
be levied against the owners on the west side of Blackhawk Road.
Mr. Heir noted that he did not reach every home with the
Petition and that he gave improper information to residents, stating
in his belief, that there would be no direct cost to the residents.
Mr. Colbert detailed the major street lighting policy in the
City and mentioned that the Blackhawk Road intersections could be
placed on a higher priority list, but they are not on the high
priority level for street light purposes at the present time.
Councilman Egan stated that if a majority of owners have changed
their mind, the Council should honor the majority opinion but
suggested reviewing the Blackhawk Road intersection for safety and
priority purposes.
Member McCrea mentioned that a clear majority of the affected
owners should favor and this did not appear to be true.
Wachter moved, Gustafson seconded the motion to deny the project
based upon the reasons that were outlined above. All members voted
in favor.
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BLACKHAWK HILLS ROAD & FEDERAL DRIVE - EASEMENT VACATION
A public hearing was scheduled for the vacation of a portion of
Blackhawk Hills Road and Federal Drive. The staff mentioned that
due to title and conveyance problems, the County has informed the
City that it does not have title to the property proposed to be
vacated. Upon motion by McCrea seconded Wachter, it was resolved
that the hearing be continued until the City acquires the
appropriate title to the property to be vacated. All members voted
in favor.
COUNCIL PROCEEDINGS - RECORDING
Tom Hedges mentioned that the tape recorder was not working
properly and that there was a lapse in time during which the taping
of the meeting did not take place.
SAFARI PASS - RIGHT-OF-WAY - VACATION
The next public hearing convened by Mayor Ellison related to the
proposed vacation of partial right-of-way of Safari Pass. Tom
Colbert briefly reviewed the requested vacation and recommended
approval. There were no objections to the project. Egan moved,
Gustafson seconded the motion to close the public hearing and
approve the vacation of a partial right-of-way and authorize the
signing of the related documents. All councilmembers voted
affirmatively.
INDEPENDENT SCHOOL DISTRICT #196 - FIELD AGREEMENTS
£4r. Hedges explained to the City Council that there are two
Agreements that relate to joint use for field and tennis courts
between the City of Eagan and Independent School District #196 at
the Dakota Middle School and Eagan High School sites. The City
Administrator and City Attorney again asked that consideration of
the agreements be continued to April 19, 1983, until the final
drafts are prepared and submitted to the Council. Gustafson moved,
Wachter seconded the motion to approve the request for continuance.
All members voted in favor.
AIRCRAFT CORRIDOR FOR EAGAN/MENDOTA HEIGHTS
The City Administrator explained that a joint workshop session
was held by Mendota Heights and Eagan City Council members at the
MAC office on March 28, 1988. The purpose of the meeting was to
reach a mutual agreement between the two cities with MAC and the FAA
on an acceptable aircraft corridor for arrival and departure flights
on 11R and ilL runways. He noted that the Eagan Airport Relations
Committee and Jon Hohenstein had worked on the issue for many months
and that the Mendota Heights City Council had not yet made a final
decision as of April 5, 1983.
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Jon Hohenstein was present and stated that compatible land use
is the important issue and that the original plan was laid out when
the traffic was not as dense and at the present time, they cannot
concentrate traffic in the center. Member McCrea asked whether
Eagan's position will be presented at the MASAC meeting and Jon
Hohenstein answered yes. She suggested that affected persons be
encouraged to be present at the MASAC meeting and it was noted that
positions of the two citys are very close.
John Klein of 1495 Lone Oak Road asked what the 15 degree
difference covers and Jon Hohenstein indicated there are no exact
boundaries but the southerly line is generally on the north side of
County Home Heights in Eagan. Mr. Klein stated that it was not true
that flight controllers cannot control the flight paths.
Mayor Ellison indicated that the Council is trying to reach an
agreement with Mendota Heights before the MASAC and MAC action.
William Skar of 1430 Skyview noted that Eagan and MAC had
entered into an agreement in the early 1970's at the normal 110
heading and then 5 degrees to the left would be implemented and
objected to allowing an additional 5 degree heading.
Member Wachter stated the City has not deviated from 1970's Land
Use Plan for the area. Jon Hohenstein noted that the heading is not
110 degrees, but rather about 118 degrees and the effect would be to
split the traffic north and south of the appropriate heading.
Marsha Easton of 1360 Lone Oak Road, asked for a tracking
schedule and Councilman Egan mentioned that it was important for
Mendota Heights and Eagan to work together.
Egan moved, McCrea seconded the motion to approve alternative
No. 2 that allows an assigned heading of 100 from 11L and 115 from
11R and further, that the recommendation be forwarded to MASAC with
the understanding that the City staff will continue to work with the
Mendota Heights staff regarding the agreed upon heading prior to the
MASAC meeting. All voted in favor.
A 10 minute recess followed.
BIETER VS. CITY OF EAGAN - LAWSUIT SETTLEMENT
At 8:15 p.m., City Administrator Tom Hedges reviewed the
background of the action entitled Bieter vs. City of Eagan commenced
in the spring of 1987 requesting an Order of the Court granting the
rezoning of approximately 95 acres owned by the Bieter Company at
the northeast intersection of I-35E and Diffley Road. At the
February 16, 1988 City Council meeting, a proposed settlement from
the Bieter Company was given consideration but not acted upon.
During late February and early March, the City was again contacted
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by the Bieter Company and asked to consider a settlement, generally
providing for PD-CSC and PD-RB/LB zoning of the westerly 48 acres
and the balance to remain Agricultural and D-II Land Use.
At an Executive Session of the City Council on March 15, 1988,
direction was given to the staff and City Attorney's office to
negotiate the terms of the proposed settlement and that a public
meeting be held on April 5, 1988 to allow the settlement terms to be
discussed and members of the public to express their opinions.
Dale Runkle, City Planner, then explained the original proposal
of 1986 and the current proposal by the Bieter Company and noted the
changes. City Attorney Paul Hauge was requested to bring the
Council up to date regarding the settlement negotiations and
mentioned he had reviewed several proposed drafts of a written
agreement over the past three weeks which generally provided that in
the event that the City Council approves the Settlement Agreement,
an Order of the Court would be requested allowing the rezoning and
Comp Guide revision. There would be no action on the preliminary
plat at the present time, but the lawsuit would be stayed until the
zoning and Comp Guide changes had been carried out. If the rezoning
would not be accomplished, then the lawsuit could be reinstated.
Further, there was an agreement not to sue the current or former
officials of either party or their agents.
Councilmember McCrea stated that some people asked whether the
property would be townhouses if it's not rezoned to commercial and
Mr. Runkle explained that the D-II use would include 0 to o' units
per acre from single family to townhouse use.
Jan Smith of 2070 Marble Lane appeared representing her family
and some of her neighbors. She was concerned that the residential
area would become a McKee Addition type area, isolated by freeways
and shopping centers. She cited the names of 9 shopping centers in
the general area and noted that the Bieter property is 1.7 miles
from her home in Cedar Grove. Her opinion was that another shopping
center was not needed and that the Council should not settle the
lawsuit. She asked questions including the following:
1. Weren't members elected to protect all the Eagan residents?
2. Why does the Bieter issue keep coming up?
3. Why does the Bieter issue constantly come up at Executive
Sessions?
4. Is the answer that some City officials are obligated to
Bieter owners? If it is true, then it was her opinion that such
members should abstain from voting.
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Councilman Gustafson mentioned that Eagan had several shopping
centers partially empty, generally of a smaller nature. He felt
that the City should have some major centers and that he was fearful
that the City could lose millions of dollars if Bieter amends its
Complaint in the lawsuit. Mr. Gustafson said doing best for Eagan
is important and settling the lawsuit would not be a precedent and
that the principal is the same as settling another City lawsuit.
Timing of the Executive Sessions is not critical, it's normal
procedure to discuss lawsuits according to Gustafson, and 60% to 70%
of his campaign funds came from persons related to the Bieter group,
but he was not obligated to that developer but only to the citizens
of Eagan.
Jim Curry appeared and stated that the settlement was a thinly
veiled attempt to settle with less than 4 votes and it would be
circumventing the rules. Mayor Ellison asked Paul Hauge if at least
a 4 to 1 vote was required. His answer was that it would be
desirable that the Council vote to settle a lawsuit such as the
Bieter case by at least a 4 to 1 vote.
Joe Harrison of Beam Lane, a former Planning Commission member,
mentioned that the Comp Guide was set up to protect the City.
Members of the Bieter group came to his home two years ago and he
told them that there was too much commercial at that time. He
objected to the revision of the zoning and stated the Council should
not settle on the proposed basis.
Colleen Hippler, a resident was opposed and warned that there
would be a class action against the City if it was settled.
Pat Dahlgard of 1587 Hickory Hills stated she had a Petition
opposing rezoning and that there is sufficient commercial zoning at
the present time.
John Klein of 1495 Lone Oak Road indicated the public did not
get adequate right to speak on the commercial guide revision and
favored the commercial use of the Bieter property as the best use
because it will create a higher: tax base.
Richard Croke asked what the time table on the commercial study
was and the answer was it would be completed in 6 to 8 weeks with
some preliminary results in early May. He was opposed to the
commercial study.
Arnold Carlson of 1255 Wilderness Run Road stated some people
don't want competition and favored the proposal.
Ray Kaufenberg of 1503 Clemson Court was opposed to the Center
and indicated the proposal does not take topography into account and
suggested moving the center back and north of Diffley if it's
constructed.
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Mark Parranto of 4537 Lake Park Drive mentioned that as the
developer of the property east of the proposed Eagan High School,
that he had no trouble selling the lots immediately across from the
football field and also lots that he developed next to the Eagan
Public Garage. Buyers want to shop close to their homes and he
suggested the members vote on the basis of what each thinks is
right.
Kathryn Scott of 1.362 Chatterton appeared and opposed the
rezoning.
John Wells of 1830 Kathryn Circle stated traffic would become
very heavy if the property was zoned commercial and was in
opposition.
Mike Casey of Falcon Way near Town Centre shopping area believed
it will increase the value and believed there was a mandate by the
citizens who elected the current council members. He supported the
proposal.
Nancy Bruggemann, 4835 Safari Court So., indicated that shopping
centers create higher tax base, which is needed in Eagan and favored
the project. She stated all of her neighbors were in support of the
commercial site- at Diffley.
Al Reber, a resident, favored the site for commercial use.
Julie Bennett, 1500 Auburn Court, understood the property was to be
used for residential use and it's important to stay with the Guide
Plan.
Kurt Lawton, 1961 Beaver Dam Court, was opposed to the Cliff
Lake project originally, but now agrees with it. He is opposed to
the Bieter site.
Arlene Krecklau, 4319 Kirsten Court, asked if Mr. Hedges
favored the settlement. Mr. Hedges did not favor the settlement,
but stated that the City Council needs to consider any lawsuit
brought against the City on the merits. She mentioned that she had
asked that a larger representative group in the City be formed to be
involved in the commercial study and member McCrea suggested that
after the commercial study is completed, that such a group be set up
and that she would support formation of the group at that time.
Ms. Krecklau asked a number of questions including whether the
Bieter and Cliff Lake sites traffic studies have been completed and
the answer was that the Bieter traffic study was done at the time
the application was first submitted and that the Cliff Lake traffic
study has generally been completed. She cited a great deal of empty
space in the Cedarvale area and was opposed to rezoning the Diffley
parcel. She submitted a Petition that had been signed by persons at
Trail T.V. in Cedarvale in opposition.
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She argued that the City had a good defense to the Bieter
lawsuit and there is no showing that more commercial land is needed.
She felt that the Bieter site should have a complimentary use and
was opposed to the use of Executive Sessions to keep issues away
from the public. She was concerned about harming the City's defense
in the lawsuit. She warned that other lawsuits are possible if the
settlement takes place and suggested that the plan be opened to
further review, including the effect upon services and other land
uses. She mentioned that the Cliff Lake site will be assessed more
than the actual cost for the improvements and argued that the Bieter
EAW has not been submitted to the City staff.
Jim Unker of 1775 Cliff Road, favored the project and mentioned
several ingredients that were good for a commercial center.
Joe Harrison objected to the additional commercial which will
add to the commercial strip along I-35E.
Mark Parranto mentioned that if the Comprehensive Guide is not
changed, then it should be enforced uniformly throughout the City.
John Klein answered some of the comments of Arlene Krecklau and
discussed road development and the methods of payment of such
development.
After a 5 minute recess, Mayor Ellison presented his views. He
stated the Land Use Guide is the bible, but the Council should allow
deviations if there is a good case. There is plenty of commercially
zoned land but not enough commercially built land. There have been
changes in uses, including the Dayton-Hudson site, and part of the
Diffley-Lexington site through the years. He mentioned that people
who oppose the project have shown up but that he found that the
residents were 10 to 1 in favor when he was campaigning for election
as Mayor. 12 spoke against and 7 in favor during the course of the
present meeting according to Mr. Ellison.
It was his opinion that it was better to disperse the commercial
uses to allow some centers of up to 300,000 to 400,000 square feet
and mentioned that the traffic study for the Bieter site indicated
slightly more car trips per day for commercial rather than
residential use. He further indicated that the Bieter site is a
better site for commercial purposes than the Cliff Lake site and
stated that he thinks the commercial study will indicate there is
enough commercial land but some of it is in the wrong location. If
the decision on the Bieter site is made during the meeting, that
decision could then be included in the commercial study. He favored
the settlement because he thought that the commercial use is
correct. He further mentioned that less than 10% of his campaign
funds came from persons involved in the Bieter Company.
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April 5, 1988
Member McCrea did not agree with the proposal to settle the
lawsuit at the current meeting and suggested that the applicant
follow the normal hearing process. She favored review of the
rezoning in this case like any other rezoning. She mentioned that
the Planning Commission and Council in their joint meetings did
allow public input during the Comprehensive Guide Review. She noted
that this is a "swing" property and it could be commercial or large
residential lots.
Member Egan stated that he sat through many hearings dealing
with the Comprehensive Guide review and the Council should be
careful in changing uses. He noted the differences between the
Bieter and the O'Neil settlements, indicating in the O'Neil case,
the property was locked in by Industrial-Commercial zoning, the
Bieter site has residential partially surrounding it, Bieter has not
been discriminated against. No Bieter representatives were present
during the current meeting and if the rezoning took place tonight,
that they would not be able to explore all of the environmental
issues according to Eagan.
Social, fire, economic impacts also were requested at the Cliff
Lake site and should be reviewed with the Bieter location. Erosion
control and tree removal were other important issues. He argued
that the Council should not settle lawsuits based on threats that
the defense costs will be great and suggested the retail needs and
traffic analyses should be completed before a decision. He noted
that the Cliff Lake site was destined to be developed commercial
because of its designated uses. Councilmember Gustafson mentioned
that doing best for Eagan is not intended as a criticism of Council
or staff. The O'Neil and Bieter situations are different but the
principles are the same.
Councilman Wachter noted that the City Council made a proposal
to Bieter and if it is not accepted, that it should then be returned
to the Advisory Planning Commission for review and recommendation.
On question of Paul Hauge, he indicated that the hearing could
be held before the Planning Commission in April and the Council
could hear the application at its first meeting in May.
Councilman Egan was opposed to the public hearing if Bieter is
not willing to submit a new application and Councilman Wachter
agreed. Mayor Ellison suggested, however, that the Council should
give a consensus before it is sent to the APC.
Mr. Wachter suggested that the hearing be scheduled before the
APC and let the Bieter Company decide whether to submit an
application. McCrea favored Bieter carrying the project to the APC,
partially because of the cost, and it was important to get all the
evidence before the Planning Commission.
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After extended discussion, Ellison moved, Gustafson seconded the
motion to send the proposal for rezoning the westerly portion of the
site from PD-CSC and PD-LB/RB and CSC-Comp Guide to the Advisory
Planning Commission and in addition, approval of a preliminary plat
and that the Bieter Company be given an opportunity to submit an
application for the Bieter site based upon its proposal that was
last submitted to the City including the easterly portion remaining
D-II Land Use and Agricultural zoning. The City Attorney was asked
whether its lawsuit would be weaker if Bieter submitted an
application and appeared during the process. Mr. Hauge's answer was
that that was the position taken by the Bieter Company attorney but
he was uncertain as to whether a Judge or jury would take that into
account in making a decision. All members voted yes except Egan who
voted no. (11:05 p.m.)
BLUE BELL ICE CREAM - BUSINESS SOLICITATION LICENSE
An application was submitted by Glen Baron of Blue Bell Ice
Cream, Inc., 3218 Snelling Ave., Minneapolis, for a business
solicitation license to operate on public streets within the City.
Mr. Baron was present and upon question, Mr. Hedges stated there had
been no complaints about the Blue Bell operation in prior years.
Egan moved, Wachter seconded the motion to approve the application,
subject to the same conditions that were imposed upon Blue Bell
pursuant to the City's March 19, 1987 letter. All voted yes, except
McCrea who said there should be a control on the number of trucks
selling ice cream on the streets for safety purposes.
PENGUIN ICE CREAM - REQUEST FOR BUSINESS SOLICITATION LICENSE
The application of Penguin Ice Cream, Inc., 711 Vandalia Street
in St. Paul for a business solicitation license on public streets
within the City came to the Council. After discussion, Egan moved,
Gustafson seconded the motion to approve the application with the
same conditions as those imposed upon Blue Bell, noting that to deny
the application would be discriminatory. All voted in favor except
McCrea who voted against.
THOMAS LAKE WOODS - REZONING, PRELIMINARY PLAT & VARIANCE
An application of Meritor Development Corporation for
Comprehensive Guide Plan amendment from D-II to D-I, planned
development from R-4 PF and R-3 to R-3 and R-1 and preliminary plat
consisting of 60 townhouse units and 27 single family lots on 39.3
acres within Blackhawk Park Planned Development, located west of
Thomas Lake Road, south of the NSP easement next was considered by
the Council. Mr. Hedges introduced the application and Dale Runkle
described it for the City Council members. The Planning Commission
recommended approval subject to certain conditions.
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April 5, 1988
Larry Frank on behalf of Meritor Development was present and
described two pipeline easement constraints and the pond in the
southeast corner. The quads would sell from $80,000 to $85,000 up
to $150,000 per unit, and single family houses were expected to be
in the $110,000 to $160,000 price range. The project consisted of
down-zoning and there were no objections.
Wachter moved, Egan seconded the motion to approve the comp
guide amendment as requested. All voted yea.
Egan moved, Gustafson seconded the motion to approve the
application for Planned Development zoning as requested. All voted
in favor.
Gustafson moved, Wachter seconded the motion to approve the
application for preliminary plat, subject to the following
conditions:
1. 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 final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
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. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. 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 final plat
approval.
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
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Council Minutes
April 5, 1988
8. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
9. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
10. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
11. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
12. The developer shall provide notice to each potential buyer
of the existence of the Northern Natural Gas and Williams Brothers
Pipelines.
13. The cul-de-sacs of variances of 650 to 700 feet shall be
approved based upon the terrain and topographic features.
14. Outlot B shall be accepted as a donation for Willmus Park
and Outlot C shall also be accepted with the following provisions:
a. Developer shall be responsible for the grading,
(working with the City to determine the appropriate measures to
maintain consistent quality) and the City to be responsible for the
trail surface.
b. The developer shall include an 8 foot bituminous trail
link on the west side of Thomas Lake Road.
All voted affirmatively.
TOWN CENTRE 70 9TH ADDITION - CONDITIONAL USE PERMIT
AND PRELIMINARY PLAT
The application of Federal Land Company for preliminary plat
approval of Town Centre 70 9th Addition consisting of 4.3 acres
including one 0.81 acre lot for Pizza Hut restaurant and a
conditional use permit for pylon sign east of I-35E and west of Town
Centre Drive, was brought to the Council. The Planning Commission
recommended approval with conditions. Dale Runkle described the
concerns of the City Council including the review of the access
points from Town Centre Drive, noting the offset from the access to
the main Town Centre Commercial Center, the Town Centre Sign
Agreement and its impact on the pylon sign, noting the Sign
Agreement provisions have been met and the landscaping which had
been significantly improved.
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Council Minutes
April 5, 1988
Charles Bartholdi appeared on behalf of Federal Land Company and
indicated no objections to the conditions. Clyde Wright, the
construction supervisor, was also present and answered questions of
the City Council. Mr. Bartholdi stated that future lots are
anticipated to be larger along the freeway. Mr. Wright answered the
question that it would be a corporate owned restaurant and the
attempt is to keep Pizza Huts restaurants 5 miles apart.
Egan moved, Wachter seconded the motion to approve the
preliminary plat application, according to the following conditions:
1. 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 final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
4. A detailed landscape plan shall be submitted on the proposed
grading plan and approved by staff prior to the final plat approval.
The financial guarantee shall be included in the Development
Contract and not released until one year after the date of
installation.
5. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
6. All standard platting and zoning conditions shall be adhered
to unless specifically granted a variance by Council action.
7. No direct connection into the existing sanitary manhole
located in Town Centre Drive will be allowed.
8. The Pizza Hut pylon sign shall be located along Town Centre
Road and be subject to the one-time fee of $2.50 per square foot.
All voted yes. It was noted that the two signs will be 287 feet
apart including the Pizza Hut and major center sign.
Egan moved, Gustafson seconded the motion to approve the
application for conditional use permit. All voted yea.
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Council Minutes
April 5, 1988.'.
TOWN CENTRE 70 1ST ADDITION - MAJOR PYLON SIGN
CONDITIONAL USE PERMIT
Dale Runkle described the application of Federal Land Company
for conditional use permit to allow a 35 foot tall pylon sign for
the Town Centre Shopping Center on Outlot B of Town Centre 70 1st
Addition. The APC recommended approval at its March 22, 1988
meeting with certain conditions. Each of the sides, according to
Mr. Runkle, will be 12 feet by 13 feet with 166 square feet per
side. There would be no other wording on the sign, according to Mr.
Bartholdi who was present.
Gustafson moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. The one-time sign fee of $2.50 per square foot shall be
required for all four sides.
2. The maximum height shall be 35 feet, and size shall be 166
square feet per side.
All voted in favor.
DAN BAR COMPANY - MINI-STORAGE - CONDITIONAL USE PERMIT
An application of Dan Bar Company to allow an on-site residence
for mini-storage facility on Lot 6, Block 2, Sibley Terminal
Industrial Park, adjacent to Highway #13 came to the Council. Dale
Runkle explained that the application was for conditional use for
residence only in the proposed 4-story storage building within the
L-I (Light Industrial) district. The building would consist of a
71,775 square foot foot-print with four floors totaling 287,100
square feet.
Mr. Dante, the developer, was present and portrayed renderings
of the building. The exterior would be concrete and steel and he
answered questions stating that the normal life expectancy for
conversion purposes is different from the standard one-story mini-
storage. It would include Type I construction and noted the
building could be converted to parking lot use. It would be the
first use of this kind in the country, according to Mr. Dante.
Wachter moved, McCrea seconded the motion to approve the
application, subject to these conditions:
1. There shall be no storage or parking on the roof of the
building.
2. All signage shall conform to City Code requirements.
3. The detailed landscape plan shall emphasize the Highway #13
corridor image.
All voted yes.
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Council Minutes
April 5, 1988
CALVARY MEMORIAL CHURCH - WAIVER OF PLAT
An application of Calvary Memorial Church to split Lot 2, Block
1, Sunset 10th Addition was next considered by the Council. Dale
Runkle explained that the application was to split a portion of Lot
2, Block 1 and that the residue be added to two adjacent lots,
including Lot 1, Block 1, Sunset 10th Addition and Lot 6, Sunset
11th Addition. The APC recommended approval and there were no
objections. Pastor Randy Barrows was present and agreed that a
single ID number should be retained for the portions added to the
two lots.
Wachter moved, Gustafson seconded the motion to approve the
waiver of plat to split Lot 2, Block 1, sunset 10th Addition,
subject to the following conditions:
1. All applicable code ordinances shall be complied with.
2. No additional building permits will be allowed on the newly-
created parcels for residential homes and single tax parcels will be
created for each of the three affected lots.
All voted yes. R-88.20
OLSON ADDITION - PRELIMINARY PLAT
The application of Don and Mary Olson for preliminary plat
approval of Olson Addition consisting of 1.05 acres of R-1 zoned
land within Eagan Hills West PD to include two single family lots
was next considered. The Planning Commission recommended approval
with conditions. Dale Runkle briefed the application and the Olsons
were present. There were no objections and Egan moved, Gustafson
seconded the motion to approve the application, subject to the
following conditions:
1. 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 final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
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.
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Council Minutes
April 5, 1988
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
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 final 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. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
8. All standard platting and zoning conditions shall be adhered
to unless specifically granted a variance by Council action.
9. The applicant shall connect to City water on Lot 1.
All members voted yea. See Plat File
WHISPERING WOODS 4TH ADDITION - REZONING & PRELIMINARY PLAT
The application of Burnsville Lumber Company to rezone 4.7 acres
from A (Agricultural) to R-i containing 14 lots and preliminary plat
approval of Whispering Woods 4th Addition was then considered by the
Councilmembers. In addition, a variance request for a 10 foot front
yard setbacks for Lots 2 to 5, Block 4, and 20 foot front yard
setbacks along Slater Road for Lots 23 and 25, Block 2, and Lots 11
and 12, Block 4. Dale Runkle introduced the application and noted
that the staff recommended that the developer preliminarily plat the
entire parcel to review utility and street plans and noted that the
owner preferred not to rezone the entire parcel to avoid substantial
tax increase. Before further development, however, the rezoning of
the balance of the parcel will be required as each parcel is
platted.
Scott Hilla was present on behalf of the applicant and explained
the steep terrain problems and the reasons for the variances, noting
the hardships involved.
Dave Felker, 2252 James Street, explained concerns that he and
his wife had about the ponding level behind their home on the
Whispering Woods 4th Addition property. He stated the proposed pond
level's high water mark is 960 feet and the Felker walkout basement
is 959.9 feet. He expected that the outlet will not handle the
drainage in the area. Mr. Colbert stated it was feasible to reduce
the storm water level to insure no water problems and Scott Hilla
objected that the developer be required to incur the additional
storm sewer cost. He went through a detailed explanation of the
storm sewer and the Council asked the staff to review the issues.
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Council Minutes
April 5, 1988
McCrea moved, Wachter seconded the motion to approve the
rezoning application. All voted yes.
McCrea moved, Egan seconded the motion to approve the
application for preliminary plat, subject to these conditions:
1. 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 final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property' or public right-of-way.
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. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
boadways as required by the appropriate jurisdictional agency.
5. This development shall dedicate adequate drainage and
ponding easements to incorporate the required high water elevation
necessitated by City storm water storage volume requirements.
6. 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 final plat
approval.
7. A detailed grading, drainage, erosion, and sediment control
plan must be prepared in accordance with current City standards and
approved by staff prior to final plat approval.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
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Council Minutes
April 5, 1988
11. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
12. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
13. Subsequent rezonings to R-1 districts shall be required
with each phase of development prior to the preparation of the final
plats.
14. The variances as listed in the staff report shall be
approved.
15. Lot 24, Block 2, shall have a southerly access with 30 feet
at the street right-of-way line.
10. There will be no access from Lot 24 onto Slater's Road.
17. The developer shall work with the City Engineer to resolve
storm drainage problems to the City's satisfaction.
All voted yes.
Egan moved, McCrea seconded the motion to approve the variances,
based upon the hardship regarding terrain and topography. All
Councilmembers voted yes.
See Plat File
SUBDIVISION REGULATION - ORDINANCE AMENDMENT - CODE SECTION 13.30
Tom Colbert noted that the City staff spent several work
sessions making recommendations and overhauling internal procedures
that would insure a more comprehensive review process by all City
departments for development applications. The draft of proposed
changes to Code Section 13.30 under the subdivision ordinance
regarding preliminary plat submission requirements was discussed and
the Advisory Planning Commission recommended that the changes be
forwarded to the Developer's Task Force for review and
recommendation.
Mark Parranto was present and explained to the City Council the
burden that some of the revisions would place upon developers and
recommended the Developer's Task Force review. He complained that
the utility design, for instance, at the preliminary plat level
would require nearly complete utility design submission.
Member McCrea recommended that representatives of the developers
be involved in the planning process and Mr. Hedges recommended no
greater than a 30 to 45 day time frame for review and recommendation
to the Council.
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Council Minutes
April 5, 1988
Wachter moved, Egan seconded the motion to forward the
recommendations to the Developer's Task Force for review and
recommendation and that they be resubmitted to the City Council on
May 18, 1988 or if necessary, to the Advisory Planning Commission at
its regular May meeting for recommendation. All councilmembers
voted in favor.
WOODLANDS ADDITION & HURLEY LAKE STORM SEWER - CONTRACT #88-11
Plans and specifications were submitted and it was recommended
the council approve the plans for Contract #88-11 consisting of
storm sewer lift station in the Woodlands Addition & Hurley Lake and
authorize the advertisement of bids to be opened at 10:45 a.m. on
Thursday, April 14, 1988 at City Hall. McCrea moved, Egan seconded
the motion to approve and implement the recommendation. All voted
yes.
PUBLIC WORKS FRONT END LOADER - VEHICLE #144
The bids had been received for the front end loader for the
Public Works Department labeled Vehicle #144 and Tom Colbert
reviewed the bids with the Councilmembers. He indicated that the
maximum guaranteed maintenance cost was requested, as well as
guaranteed repurchase value over a period of 5 years. He noted that
this was the third piece of equipment bid by the City on a total
cost bid basis. Two of the three bidders met specifications but
identified variances and specs. The low bidder was Ziegler and the
staff recommended approval, based upon the comparative analysis done
by the Maintenance Dept. staff.
Peter Borchert of Borchert-Ingersoll appeared and stated that
Borchert-Ingersoll submitted the low bid and also was a taxpayer in
Eagan. He argued that Borchert complied with all aspects except the
guaranteed repurchase portion and addressed the differences in the
specifications showing a net bid of $110,796.00 for Borchert,
$117,390.00 for Carlson, and $139,991 for Ziegler, with guaranteed
maintenance included in the Borchert bid, $3,000.00 for Carlson and
$4,500.00 for Ziegler. He stated that a premium was being paid for
the guaranteed repurchase with interest being paid at the beginning.
He computed the resale value based on auction values and indicated
the total cost for Borchert machine was $55,558.00 for Borchert,
$87,512.00 for Carlson machine and $99,131.00 for the Ziegler
machine. Borchert would not guarantee the repurchase and Colbert
stated the staff's computations are accurate in his estimation.
Ronald Erhart, the street superintendent, explained the process
noting the transmission is a major item and recommended the Ziegler
transmission. He indicated in his report that the Ziegler hitch is
a much heavier unit. Mayor Ellison was concerned that the
specifications are two tight and Mr. Colbert stated that the staff
does not write limited specifications and allowed for deviations to
be noted by bidders.
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Council Minutes
April 5, 1988
After extended discussion, Egan moved, Wachter seconded the
motion to approve the recommendation of the staff and award the
contract to Ziegler for the Ziegler Caterpillar 950E, based upon
the reasons outlined above and the reports of the staff and that
Ziegler was the lowest responsible bidder, there were significant
specification differences, the overall price is lower and that there
had been considerable experience by staff in the specification
drafting and bidding process. Mr. Borchert again presented his
position and Mr. Gustafson stated that the bidding process appeared
to be wrong because the City would pay more today to save a small
amount later. Those in favor were Egan and Wachter; those against
were McCrea, Ellison and Gustafson.
Ellison then moved, McCrea seconded the motion to direct the
staff to prepare specifications and authorize the rebid including
alternate guarantee repurchase and straight purchase. All members
voted yes except Wachter who voted no.
SALT STORAGE FACILITY CONTRACT
Tom Colbert explained that bids were taken on April 1, 1988 for
the construction of a salt storage building on the Public Works
Maintenance facility property. He reviewed the alternates and noted
that the low bidder was John Lienen Construction with a base bid of
$54,500.00 and stated that the base bid alternate No. 1 and No. 2
did not meet specifications. He recommended approval of the Park
Lane Construction & Development Corporation base bid with alternate
No. 1 of $67,750.00 which is the second low bidder. The Lienen
Construction bid did not meet the specifications because the minimum
center clearance and door height is only 24 feet with the specs
being 30 feet and that the City did not receive certified design
drawings for the building.
Egan moved, Wachter seconded the motion to approve the second
low bidder of Park Lane Construction & Development Corporation
Alternate No. 1 based upon the recommendation. All members voted in
favor.
WELL #5 - CONTRACT #88-19
It was recommended that the plans and specifications for
Contract #88-19 Well #5 pump repair be approved. McCrea moved,
Wachter seconded the motion to approve the plans and specifications
for Contract #88-19 and authorize the advertisement of bids for bid
opening to be held on April 18, 1988 at 10:00 a.m. at the City Hall.
All voted yea.
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Council Minutes
April 5, 1988
GREENSBORO 2ND ADDITION - CONTRACT #87-11
Mr. Colbert reviewed Change Order No. 2 for Contract #87-11 and
upon motion by Egan, seconded Wachter, it was resolved that the
Change Order be approved covering utility and street improvements
for Greensboro 2nd Addition. All members voted yes.
BLACKHAWK ROAD - UTILITY & STREET IMPROVEMENTS - CONTRACT #87-17
A four-part change order to Contract #87-17, Blackhawk Road
street and utility improvements was brought to the Council. Mr.
Colbert reviewed and recommended approval. Egan moved, Gustafson
seconded the motion to approve Change Order No. 1 and to authorize
the Mayor and City Clerk to execute related documents. All voted
affirmatively.
WHISPERING WOODS 2ND ADDITION - CONTRACT #87-36
Mr. Colbert recommended the approval of Change Order No. 1 to
Contract #87-36 consisting of storm sewer improvements in Whispering
Woods 2nd Addition. Wachter moved, McCrea seconded the motion to
approve the recommendation of the staff and authorize its
implementation. All members voted yea.
STAFFORD PLACE - NORTHVIEW PARK ROAD -CONTRACT #87-24
After recommendation by the City staff, upon motion by Egan,
seconded Wachter, it was resolved that Change Order No. 3 to
Contract #87-24 consisting of trunk utilities in Stafford
Place/Northview Park Road be approved, contingent upon approval of
the proposed preliminary plat for Bridle Ridge 2nd Addition to be
considered at the April 19, 1988 City Council meeting and authorize
the signing of the related documents. All voted yes.
LeMAY LAKE HILLS - CONTRACT #86-E
The recommendation was made that the Council accept Contract
#86-E consisting of street and utility improvements in LeMay Lake
Hills for perpetual maintenance. Wachter moved, Gustafson seconded
the motion to approve and authorize the implementation of the
recommendation. All councilmembers voted in favor.
CLIFF LAKE CENTRE - GRADING PERMIT EX-29-068
Tom Colbert explained that as a condition to preliminary plat
approval of Cliff Lake Centre project at the December 1, 1987 City
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Council Minutes
April 5, 1988
Council meeting, the Council directed staff to forward the approval
of the grading permit to the Council for its review and decision.
He explained that the comment period for the Indirect Source Permit,
ISP 88-3, does not end until April 18, 1988 and that the grading
permit cannot be issued until the ISP has been issued. In addition,
landscaping information has now been submitted. There was concern,
however, about the number of trees that would be removed and the
grading plans appear to be in conformance with City standards.
Bill McHale and other representatives of Cliff Lake Centre were
present and Mr. McHale stated that he expects that all trees will be
saved that are shown on the plat. The draft ISP has been issued and
grading will not proceed until the ISP has been formally issued.
The developer has made a commitment to save the trees and will use
its best efforts including transplanting 4 to 6 inch trees,
according to Mr. McHale.
Egan moved, McCrea seconded the motion to approve the grading
permit with administrative issuance upon the formal issuance of the
ISP and subject to all City requirements. Mayor Ellison indicated
that he is not prepared to vote until the final plat is approved.
All voted in favor except Ellison who voted no.
Mr. McHale asked whether a conditional use permit was required
for the building setback for the Super Valu building. The consensus
was that in effect the conditional use was granted because the
Council had requested that the building be moved further away from
the lake, thus requiring the variance area and that no formal permit
need be issued.
There was discussion concerning the roadway issue and Dale
Runkle asked direction of the Council. He indicated that there had
been no exhibit submitted until recently as to how the road
alignments would line up and he understood that the December 1987
road alignment was fixed. He noted a 30 to 40 foot differential
basically where the Super Valu building would be located.
Bill McHale stated the total square footage is less and complies
with the State Aid standards which cause the road alignment
deviation. Mr. Hedges noted that certain changes are state aid
directed and the Planning Department's analysis is based on Council
direction that it not allow the road to move to the north.
Councilman Egan indicated that if the road is moved to the north,
there would be less dense commercial development and Mr. Colbert
stated that the change came from the graphic overlay.
Mayor Ellison explained that complying with an engineering
requirement should not allow a planning variance, but there was
general consensus that the platting process should continue.
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Council Minutes
April 5, 1988
TESSERACT SCHOOL BUILDING PERMIT - VARIANCE
Michael Sill of Road Machinery and Supplies Co. requested
authorization to expedite the platting process and grant a building
permit prior to final plat approval to construct the Tesseract
School on the Sill property on Silver Bell Road. Tom Hedges
detailed the request and Mr. Sill and representatives of Tesseract
were present.
It was explained that the contract with Dallas Development
Company for the construction on the Dallas Development property at
Highway #13 and Silver Bell Road has been defaulted and that
Tesseract has attempted to find another site throughout the City.
It currently has 112 students and because the lease in the current
location will expire August 31, it is important that the platting
process and construction process commence as quickly as possible.
There would be about a 100 day construction schedule. There is
other space available but there are strict school requirements,
according to the representative and rehabilitation of the space
would be required. Member McCrea noted the hardship involved and
the adjustment of elementary children is an important issue.
After discussion, Gustafson moved, Egan seconded the motion to
approve the recommendation for the variance and direct the staff to
expedite the platting process for issuance of the building at the
May 17, 1988 City Council meeting, with appropriate agreement
satisfactory to the City entered into, including financial
guarantees. Mr. Colbert explained that in 1978, the Michael Sill
final plat was approved but not recorded. Utilities were installed
and easements were not granted. Mr. Hedges noted the importance to
provide safeguards to stop the project if necessary to do so.
Walter Rockenstein, attorney for Tesseract, appeared and indicated
that the Tesseract organization will post guarantees at the
preliminary plat stage. All members voted in favor except Wachter
who voted against.
PONDVIEW PUD
The City had been contacted by Benson-Orth General Contractors,
retained by the Fairview Development Group to construct an Urgent
Care facility on Lot 2 in the Pondview Planned Development. A
condition regarding the Reid property is not acceptable to several
parties who are required signers of the Planned Development
Agreement. Upon motion by Egan, seconded McCrea, it was resolved
that the issue be continued until the next regular meeting. All
members voted in favor.
27
Council Minutes
April 5, 1988
NO PICKETING ORDINANCE
Kevin Eide, the Prosecuting Attorney, and Police Captain Geagan
have recommended to the City Council that it authorize the necessary
research of an Ordinance and preparation of a draft Ordinance that
could restrict or forbid picketing in residential areas in the City.
It was noted that there are some strong First Amendment issues and a
challenge is always possible. Egan moved, Gustafson seconded the
motion to direct the staff and prosecuting attorney's office to
prepare a draft Ordinance regarding the potential for banning
picketing in residential areas. All members voted yes.
CONKLIN AVENUE - NAME CHANGE
Leo Murphy forwarded a letter to the City requesting the name of
the street that now accesses his property from Deerwood Drive be
renamed from Conklin Avenue to Murphy Parkway. Larry Frank of
Meritor Corporation suggested an internal street on the Murphy
property use the Murphy name and it was noted that Conklin Avenue is
not on Murphy property. Ellison moved, Egan seconded the motion to
schedule a public hearing on May 3, 1988 at 7:00 p.m. regarding the
name change and that the staff present at least 3 alternate names.
All voted yes.
A request was also made from Mr. Murphy that a small parcel of
property be deeded back to the City, adjacent to Deerwood Drive.
Upon motion by McCrea, seconded Gustafson, it was resolved that the
request be continued until the May 3, 1988 meeting. All voted in
favor.
RICHARD ROBOHM - SEASONAL UTILITY MAINTENANCE WORKER
Upon recommendation of the staff, Wachter moved, McCrea seconded
the motion to approve the hiring of Richard Robohm as a seasonal
utility maintenance worker for the City. All voted in favor.
CABLE T.V. CAMERAMAN
Jeff Zimmerman was introduced as the new Cable T.V. Cameraman
for official City meetings and was welcomed by the Councilmembers.
DAKOTA COUNTY HRA
A request was made by the owners of the Wescott Hills apartments
on Yankee Doodle Road, that a tax credit be given to make the sale
of the project feasible. The staff recommended denial and the
Council took no action.
28
Council Minutes
April 5, 1988
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CITY STAFF MILEAGE
Recommendation was made by the Finance Director to increase the
mileage allowance for eligible City employees from $.20 per mile to
$.22 per mile, and also the car allowance increase for the City
Administrator of 3%. Wachter moved, Egan seconded the motion to
approve the recommendation of the staff. All voted in favor.
CHECKLIST
Upon motion made by Wachter, seconded Egan, it was resolved that
the Checklist dated April 5, 1988 in the amount of $632,961.42 be
approved. All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
2:25 a.m. All voted yea.
PHH
ux\JOA&
City lerk
29
LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT
Name of Plat: BEAUTIFUL SAVIOR FIRST ADDITION
Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957,
Delmar H. Schwanz, the undersigned, a Registered Land Surveyor in and
for the State of Minnesota, declares as follows:
1. That I prepared the plat of BEAUTIFUL SAVIOR FIRST ADDITION
dated August 26, 1987 and filed November 19, 1987 in the office of
the County Recorder, Dakota County, Minnesota, in Book Fourteen of
Plats, page 63.
2. That said plat contains errors, omissions, or defects in the
following particulars, to-wit: The symbol and statement defining the
width of the drainage and utility easements dedicated on the plat were
omitted.
3. That said plat is hereby corrected in the following particulars
to-wit: The drainage and utility easements shown as dashed lines in
Lot 1, Block 1 are 10.00 feet in width adjoining all street lines and
5.00 feet in width adjoining the south lot line.
Dated: March 4, 1988
Delmar H. Schwanz
Registered Land Surveyor
No. 8625
State of Minnesota.
The above Certificate of Correction to the plat of BEAUTIFUL SAVIOR
FIRST ADDITION has been approved by the City of Eagan, Minnesota at a
regular meeting o the City Council of Eagan, Minnesota held on the
day of 4 Or , 1988.
Q/ 3zJ S
Mayor Cit• Clerk
This Certificate of Correction has been checked and approved this
day ofw c,(^ , 1988.
By:
Gary H. Stevenson
Dakota County Surveyor