05/03/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 3, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
May 3, 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, Assistant City Planner Jim Sturm,
Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney
Paul Hauge.
AGENDA
Wachter moved, Gustafson seconded the motion to approve the
agenda as presented. All voted yes.
MINUTES
April 19, 1988 - Regular Meeting. Upon motion by Egan, seconded
Wachter, it was resolved that the minutes as prepared for the April
19, 1988 regular meeting be approved as drafted. All voted aye.
CITY'S WEEK
City Administrator Tom Hedges explained that Mayor Ellison had
proclaimed the week of May 1 through 9, 1988 as City's Week in the
City of Eagan. Mayor Ellison indicated that one purpose of City's
Week is to honor volunteers, noting that 70 to 80 volunteers had
appeared for the Arbor Day Celebration at Quarry Park.
FIRE DEPARTMENT - FIRE STATION #4 AND #5
City Administrator explained that at the April 19, 1988 regular
City Council meeting, a decision was made to proceed with Fire
Station No. 4 construction, realizing that the cost was higher than
the amount identified in the Fire Station Referendum. Direction was
given for the Administrator and Fire Chief to determine to make
recommendations for an additional revenue source from either the
fund balance or future general fund budget commitment. It is
expected that the actual cost will be approximately 9 1/2% greater
than the $1,850,000.00 bond referendum.
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May 3, 1988
Chief Southorn was also present and reviewed with the City
Councilmembers the proposed funding sources. The recommendation was
made that the City Council appropriate from the fund balance
resulting from the surpluses, rather than treat the over-runs as a
general fund obligation and repay the incurred debts/overage in the
1988/1990 operating budgets. Land costs had increased substantially
as well as the building, furnishings and equipment. Wachter moved,
Gustafson seconded the motion to approve the additional cost for
Fire Stations #4 and #5 from the Fund Balance generated each year as
surplus rather than the general fund. All councilmembers voted yes.
PUBLIC WORKS DEPARTMENT
1. Dump Truck Vehicle #143. The specifications for vehicle
#143 consisting of plow package equipment have now been completed
and it was recommended that the Council approve the specifications
and authorize the advertisement for bid opening to be held at 10:30
a.m. on June 1, 1988 at the City Center. Egan moved, Wachter
seconded the motion to approve the recommendation to authorize the
advertisement for bids. All members voted yes.
2. Sperry Reservoir - Repainting - City Logo. Public Works
Director Tom Colbert explained that the repainting of the Sperry
Reservoir will be completed shortly and the Public Works Department
requested direction from the Council as to the whether the City logo
should be painted on the reservoir. Alternates included standard
City logo and name on three sides. Member McCrea favored the logo
only, Councilman Egan questioned whether the logo would be a
dignified symbol, Councilman Gustafson favored the logo and the
name, Councilman Wachter preferred the name only and Mayor Ellison
the name only. Egan moved, Wachter seconded the motion that the
"City of Eagan" only be painted on the Sperry reservoir. All voted
in favor.
There was also discussion whether the logo and name should both
appear on the proposed City flag and it was decided that both would
be included.
CONSENT AGENDA
The following , consent agenda items were submitted and
recommended to be approved:
1. Personnel Items.
a. Planner I. It was recommended that Kristy Marnin be
hired as a Planner I, subject to successful completion of the City's
physical examination requirement.
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b. Seasonal Park Attendant. Susan Johnson was recommended
to be hired as the seasonal park attendant.
c. Seasonal Ballfield Attendants. Brent Eichten and Paul
Frank were recommended to be hired as seasonal ballfield attendants,
and David Carney as a combination seasonal ballfield and park
attendant.
d. Seasonal Park Maintenance Workers. Recommendation was
made by the staff that Troy Christopherson, Michael Finnegan, Hugh
Peterson, John VonBank, Brent Tait, Gary Rutherford, Rob Thometz,
John Tracy and Paul Dunn be hired as seasonal park maintenance
workers.
2. Mayor's Fishing Opener Proclamation. Mayor Ellison, in
conjunction with the Department of Parks and Recreation has
scheduled May 15, 1988 at the Mayor's Fishing Opener at Fish Lake
and he approved a Proclamation scheduling the Mayor's Fishing
Opener.
3. Pine Ridge 2nd Addition - Final Plat. The application for
final plat approval of Pine Ridge 2nd Addition was submitted and
staff recommended approval of the application subject to compliance
with City requirements. R-88:25
4. Radio Equipment - Surplus Property. Recommendation was made
by the staff to declare two consoles, recorder and the bay station
as surplus property in the police department and that the equipment
be donated to the Minnesota VoTech Administration for use in their
Communications Training Program.
5. Field Stone Trail - Project #532. In response to a
Petition, the feasibility report was prepared for Project #532 and
it was recommended that the Council receive the report covering
Field Stone Trail street and sidewalk and schedule a public hearing
at City Hall on June 7, 1988 at 7:00 p.m.
6. Carlson Lake - Lift Station Upgrade - Project #535. It was
recommended that the feasibility report for Project #535 consisting
of Carlson Lake lift station upgrade be scheduled for public hearing
for June 7, 1988 at 7:00 p.m. at the Eagan Municipal Center.
7. Sill Addition - Project #540. It was recommended that the
Council accept the Petition and authorize the preparation of a
feasibility report and detailed plans and specifications for the
Michael Sill Addition street and storm sewer improvements under
Project #540.
Councilman Wachter moved, Councilperson McCrea seconded the
motion to approve the foregoing consent agenda items and authorize
their implementation. All voted yes.
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CEDAR CLIFF COMMERCIAL PARK 2ND ADDITION - PROJECT #452
Mayor Vic Ellison convened the public hearing regarding Pond AP-
50 outlet in Cedar Cliff Commercial Park 2nd Addition consisting of
Project #452. Mr. Colbert introduced the project and Mark Hanson of
the firm of Bonestroo, Rosene and Anderlik, explained the report in
some detail. He noted that the Park Commission had reviewed the
proposal on April 7, 1988 and made a recommendation for approval
with certain conditions. He also reviewed the background of the
project, indicating that two hearings had been held on the project
at earlier times.
A letter from Federal Land Company dated May 3, 1988 had been
delivered immediately prior to the Council meeting and distributed
to the Council members, generally objecting to the project. Mr.
Hanson explained the drainage area and the details of the project,
proposing that the storm sewer line run northerly from AP-50 through
Rahn Park. He noted that the cost of the previously approved
location would be $60,000.00 to $70,000.00 additional because of the
extra depth if the Cliff Road alignment were utilized.
Charles Bartholdi was present on behalf of Federal Land Company
and explained the objections, indicating that Federal Land felt it
had a firm commitment from the City, that the current proposal was
not necessarily lower in cost and there would be excessive
destruction of landscape and large oaks on the Federal Land Company
property. He stated that Dr. David French of the University of
Minnesota had examined the area where the construction was expected
to take place and had estimated the damage to tree loss as
$47,000.00. He noted also that the square trenching recommended by
the Park Commission would be a more expensive method and that the
cost of easements was not computed in the differential. Other
objections included removal of the tree buffer, that the current
proposal would not benefit Federal Land Company property, and that
the Cedar Cliff owners were the actual benefited owners.
Tom Colbert responded to the issues raised by Mr. Bartholdi and
noted that at the December 1, 1987 meeting, the Council approved the
project but that Federal Land then objected to the assessments and
requested that no assessments shall be levied until the property is
developed, whereas, Mr. Colbert stated he understood that Federal
Land had no objections prior to that meeting.
At the first hearing, two alternates were reviewed, including
Alternate A, which was the Rahn Park alignment, and Alternate B,
through the Federal Land Company property. When the zoning
application for the Federal Land Company property was denied, it was
determined that neither Alternate A nor Alternate B was feasible.
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The staff and consulting engineers have now reviewed the long-
term storm sewer outlet needs for the general area and determined
that the current proposal was feasible for the long-term. Mr.
Colbert explained it was actually less costly, the loss of trees had
not been reviewed in detail but the majority of the trees are not of
significant size, and the buffer still would be retained. He also
indicated that in his opinion, the storm sewer outlet would benefit
the Federal Land Company property because the majority of that
parcel drains into Pond AP-50.
The Cedar Cliff property owner had prepaid their storm sewer
assessments in order to help finance the proposed project. The
assessments are standard for comparable uses in the City and Federal
Land is being assessed an Agriculturally zoned rate, based on its
current zoning.
Dr. David French made a presentation and reviewed the
information in his letter of April 28, 1988. He explained that in
his opinion, most of the trees would be taken by the construction.
Councilman Wachter questioned the age of certain of the oaks,
and Dr. French's answer was somewhere over 100 years in age, but he
had not bored them to determine their age. He said he could detect
no oak wilt and admitted, upon questioning by Councilman Wachter,
that the oaks may be saved through the construction process,
possibly by tunneling under them.
Councilman Egan asked about the impact of the proposal on the
Federal Land property at the northwest corner noting the original
proposal provided for an office building. Mr. Bartholdi explained
that the intention had been to preserve the vegetation in that area.
Mr. Egan also asked if Dr. French's estimates were correct, would
the cost still be less. Mr. Colbert's answer was yes, and that
damages should not be only for the trees individually, but that
there would be some remaining buffer and that the contractor could
restore the area with an effective buffer.
Mr. Colbert also noted that the 23 foot cut through the
northerly route is the maximum cut, whereas 40 foot is the maximum
cut along Cliff Road. Mr. Hanson also pointed out that the major
oaks are generally along the property line and the intent is to
avoid those trees if possible. He also explained that the route
through Rahn Park is generally quite shallow and tree saving is
possible. The drainage onto Federal Land property from a culvert,
running northerly under Cliff Road, will not change and the drainage
would continue to flow to Pond AP-50. Mr. Colbert explained the
urgency in proceeding with the project because of the potential
overflow of AP-50 with heavy rains.
McCrea moved, Egan seconded the motion to close the hearing, to
approve Project #452 and to authorize the preparation of detailed
plans and specifications and acquisition of easements through
condemnation with the appointment of an appraiser if deemed
necessary. All councilmembers voted in favor.
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BLACKHAWK POND - SANITARY SEWER LIFT STATION - PROJECT #534
The next public hearing convened by Mayor Ellison concerned
sanitary sewer lift station and pond restoration under Project #534
in the Blackhawk Pond area. After introduction by Mr. Colbert, Mark
Hanson detailed the project in his report, including costs and
stated that there would be no assessments proposed because the area
has been assessed for sanitary sewer trunk purposes. There were no
objections and Wachter moved, Egan seconded the motion to close the
hearing, to order in the project, and authorize the preparation of
detailed plans and specifications. All members voted affirmatively.
ST. JOHN NEUMANN - K OF C - GAMBLING LICENSE
An application of St. John Neumann and Knights of Columbus for
pull-tab gambling license at Richards Food and Liquor came next to
the Council. The police department report by Captain Pat Geagan
indicated that there was no criminal reason to preclude the license
being issued. Ron Leif of St. John Neumann was present and
explained the application and answered questions. Member McCrea
stated she was not pleased with gambling but it was important that
local organizations be involved. The Mayor also supported the local
City organization. Member Gustafson stated that less than 10% of
the gross proceeds goes to charity but he would support the
application.
Gustafson moved, Egan seconded the motion to approve the
application as submitted. All members voted yes.
Mary O'Hara Anderson for the Metropolitan Center for Independent
Living appeared and stated that her organization has received money
from the MS Society and that 7 people living in Eagan are now being
served. She explained the positive work being done from funds from
charitable gambling and suggested that a portion of the proceeds be
used to serve persons with disabilities. Councilmembers explained
that the Valley Lounge license could be transferred at the request
of the operator of the Valley Lounge.
CRYSTAL PONDS - PRELIMINARY PLAT
The application of Asp Construction Co. for preliminary plat
approval of Crystal Ponds Addition consisting of 137 rental
apartment units on 13.47 acres on the south side of Highway 455 and
north of the But Oak Park area came to the council. The property is
zoned R-4 (Multiple) and Land Use designates the area R-I under the
previous designation and recommended D-III under the 1987 amendment
to the Guide Plan. Mr. Hedges introduced the application and
described the two Planning Commission hearings with the Planning
Commission at its April meeting resulting in no recommendation, with
a 3 to 3 tie vote.
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Jim Sturm, the Assistant Planner, reviewed the original plan,
the terrain and the adjoining uses with single family on the south
and west and general business on the east. The original plan would
include 10 units per acre and cul-de-sac variance was required.
The revised plan eliminated two apartment buildings with
reduction in 16 units resulting in a net density of 9 units per
acre, and the cul-de-sacs appeared to conform with the maximum Eagan
Code lengths.
Issues that were also discussed at the Planning Commission
included upgrading of the service road by the developer, the
feasibility of adding additional exterior brick and it as noted the
developer has now agreed to 30% exterior brick coverage and further,
that it will pay for its portion of the frontage road adjacent to
its project. The recommendation was also made that the Metropolitan
Council noise contour regulations be adhered to within the project.
Gary Gandrud, attorney for Asp Construction was present and
explained that the property had been zoned for multiple dwelling for
15 years, and the Comp Guide provides for multiple residential use.
The developer is accommodating all of the requests except for the
revision of the zoning. Fencing, brick exterior, the removal of 16
units and two buildings, and additional road construction were also
agreeable to the developer. He also discussed the potential buy-
down of the zoning and stated that the developer may entertain the
concept but it could be very costly to the City.
Richard Asp was present and reviewed the project, indicating
there would be 31 one-bedroom units and 90 two-bedroom apartment
units. Vinyl siding was proposed with brick along the front
entrance and side and he would agree to the noise restrictions.
Councilman Wachter asked Mr. Asp if R-1 is feasible and Mr. Asp
stated he had considered it, but the plan is for multi-family use.
Mr. Wachter also suggested that the new internal street
configuration be changed, and it was noted that the City could allow
up to 10% grade so that the elongated configuration of the internal
street could be changed.
Kathy Brazeau, 3239 Random Road appeared and objected noting a
major concern related to the grade of the frontage road. The buses
on the street and narrow width are a problem which creates safety
issues for the children.
Dwight Larson of 3225 Random Road was opposed and strongly
recommended widening the frontage road towards Highway #55 which
would constitute a traffic hazard if not accomplished. He also
explained that there would be no further parking possible on the
frontage road if the development is approved. He indicated that
Mayor Ellison had distributed a questionnaire asking about
residential preferences.
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Jerry Groth, 642 Rita Court, stated the access road is already
congested, narrow and a hazard at Random Road. He recommended
studying the service road before approval of the project.
Don Chapdelaine, 575 Chapel Lane, cited a potential devaluation
of the neighboring property, he suggesting additional plantings and
noted the fence will deteriorate and recommended both fence and
landscaping.
Mayor Ellison noted that landscaping was preferable to fence for
the buffer, and Mr. Sturm stated that normally the staff recommended
landscaping including 6 foot pines, but the fence would stop the
children from walking through the neighboring property to the south.
Joe Boche noted there was very little play area for the children
and the project would restrict available ball field area.
The owner at 618 Sally Circle asked if MnDOT had been asked to
evaluate the access for traffic purposes and recommended a ruling
from MnDOT prior to any construction.
Bill Baumann, 3245 Highway #55, appeared objecting and asked
whether the developer had contacted the West St. Paul Schools about
the additional children, and was also concerned about the air
corridor sound impact.
Ron Hoff argued the increased traffic could not be handled on
the frontage road with 9 homes requiring parking along the frontage
road. Mr. Colbert noted that Random Road and the frontage road have
poor visibility so a 3-way stop was installed.
The owner of 3265 Highway #55 explained the frontage road is
only 22 feet in width and improvements could be very expensive.
Lynn Larson, 3225 Random Road, objected that access to Highway
#55 is not adequate and two access points from the project to the
frontage road increases the traffic problem.
Gail Ahlberg, 555 Chapel Lane, explained that the R-1 would be
surrounded by R-4 and that there is also inadequate feasible park
space in the area.
Councilman Egan asked how the frontage road could be improved
and Mr. Colbert stated the current width is 22 feet, down to 17 feet
at the east end and it must be upgraded if the project is approved.
On-street parking is also a concern. The options include the
frontage with a one-way only which would be inconvenient for certain
persons and a small cul-de-sac on the frontage road with access from
the project exclusively to Highway #55.
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Mr. Gandrud answered that the developer would accept either the
one-way proposal or the cul-de-sac. Mr. Colbert upon question,
noted that MnDOT has not answered the notices that have been sent to
it.
Mr. Gustafson asked whether the road could be widened, and Mr.
Colbert stated that possibly it could, but there would be
considerable expense.
Councilman Wachter asked how many trees would be removed and Mr.
Asp's answer was that no trees would be saved around the pond.
Councilman Wachter was opposed to the use of vinyl siding and noted
that it cracks and fades. He did not favor the project and stated
the R-4 zoning was allowed simply to extend the higher density use
on the Shaaf site.
Mayor Ellison stated that he was opposed to the R-4 zoning and
in very few instances does the zoning move from an R-4 to R-1
directly. He recommended that the project not be approved until the
following is determined:
1. MnDOT should give an answer to frontage road access and
improvements.
2. The quality development indicators are being considered by
the City and recommended delay until the final decision is made on
the quality controls.
Councilman Gustafson was opposed to more apartment units but
noted that the proper reasons must be cited for denial. He favored
preserving the parcel for park purposes but there would be
considerable expense in doing so. Until the traffic issue was
resolved, he would not vote in favor.
Councilmembers McCrea asked the distance from the nearest
apartment building to an R-1 home and noted that the project is not
the typical 3-story apartment building, but consists of 8 units with
9 unit density which is an R-3 density. She noted the developer had
made compromises but that the street did not appear to be adequate.
McCrea moved, Egan seconded the motion 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 regular meeting. All members voted
affirmatively.
See Plat File
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PONDVIEW ADDITION - REZONING
City Administrator Tom Hedges explained that since the April 19,
1988 City Council meeting, staff members have initiated a number of
meetings with representatives of Fairview, TXI, First Bank, the Reid
family and Ron Cornwell regarding the proposed Pondview Addition on
the west side of Pilot Knob Road. TXI explained its concerns
regarding certain conditions of the Planned Development Agreement
and Fairview was given City Council approval on April 19, 1988 to
begin construction through issuance of a building permit, with the
understanding that the PD Agreement will be eventually executed by
the proper parties. The timing of the final portion of the
development was the main objection of TXI.
The conclusion is that an agreement could not be reached and
staff recommended that a new plan be initiated by the City Council,
and that the City Council schedule a hearing before the Advisory
Planning Commission at its May 24, 1983 meeting to consider a
reduced planned development area to expedite the Fairview project.
TXI property would not be involved and Fairview could proceed with
its excavation.
Tom O'Connell of Fairview Hospital was present.
McCrea moved, Egan seconded the motion to initiate the zoning
amendment process and schedule a public hearing before the Advisory
Planning Commission at its May 24, 1988 meeting for consideration of
the revised Planned Development. All members voted in favor.
CITY LEGAL SERVICES
Tom Hedges introduced the request of the City Council that it
consider proposals for legal services to include General City
Attorney, Special Legal Projects, and Prosecution. He reviewed the
background including the advertising for proposals, with 12
proposals being submitted and the recommendation that 5 firms be
considered for General Services and 3 firms for prosecution. On
April 12 and 13, 1988, the City Council interviewed representatives
of the requesting firms. He also described the reference checks
that were made for the McMenomy, Grannis and LeFevre law firms.
Councilman Wachter proposed a moratorium utilizing the services
of the present City Attorney. Councilman Egan noted that one reason
for the SOQ's was for cost purposes and there did not appear to be a
reason for change. He also emphasized the question of Dakota County
identity and the closeness and spontaneity of the firm chosen.
Mayor Ellison noted that not just cost but quality of the firm
is important. Member McCrea was concerned about pro-active advice
regarding the Cliff Lake and Bieter by the present firm and noted
the City has many lawsuits and the City Attorney should be more pro-
active.
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Member Gustafson agreed that a stronger approach and being more
pro-active is important. Ms. McCrea had questions about the special
legal service areas and whether the Hauge, Eide & Keller firm
offered legal skills that certain other applicants had available.
Wachter moved that a moratorium on the decision for selection of
City Attorney be instituted for six months and that the Council then
re-evaluate the position and review with the Hauge, Eide & Keller
firm its pro-active stand at the end of that time. Egan seconded
the motion. Those in favor were Wachter and Egan; those against
were Ellison, Gustafson and McCrea.
McCrea then moved, Egan seconded the motion to engagae the
Hauge, Eide & Keller firm for prosecution services for the City.
All members voted yes.
Member McCrea then discussed a pool arrangement and McCrea then
moved that Jim Sheldon of the McMenomy, Severson office be hired for
General Legal Services on a probationary period of up to 6 months
with not to exceed a one year contract and then review by the City
Council as to the quality of service at that stage; further that the
Hauge, Eide & Keller firm continue to be retained for cost effective
general services. There was no second and the motion die3.
McCrea then moved, Ellison seconded the motion to retain James
Sheldon of the McMenomy firm for general legal services. Those in
favor were McCrea, Ellison and Gustafson; Wachter and Egan voted
against.
City Administrator was directed to prepare a list of special
legal service projects to be submitted to the City Council for
review.
PROPOSED SETTLEMENT OF O'NEIL LAWSUITS
Mayor Ellison requested City Attorney Paul Hauge review with the
Council the proposed Agreements relating to the three lawsuits
involving the O'Neil property at Lexington Avenue and Yankee Doodle
Road. Mr. Hauge described the two Agreements that had been
negotiated between attorneys for the O'Neils and the City Attorney's
office following considerable staff review and meetings between the
affected parties.
1. City of Eagan vs. O'Neil - Condemnation Agreement. Mr.
Hauge explained that there have been a number of revisions including
the last draft reviewed by the City Councilmembers, based on certain
compromise solutions, including provision that in the event of
appeals regarding the declaratory judgment action brought by Eagan
Commercial Park against the City in late 1987, and the potential
assessment appeals that the O'Neils be involved in the settlement of
such appeals, but that consent to such settlement will not be
unreasonably withheld.
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Mr. Hauge's opinion was that the current drafts addressed the
concerns of the City Council and staff. He noted that the
condemnation action will proceed to go to trial after a decision
regarding the Town Centre Development Agreements has been reached in
the declaratory judgment action entitled Eagan Hills Commercial Park
vs. Eagan, and whether the City can assess both the Town Centre 70
and 100 developments for the cost of the pond easement acquisition.
In addition, there is a provision that in the event of sale of the
O'Neil property that a bank escrow covering the amount paid by the
City to the O'Neils as a partial payment will be held until a final
determination of the pond cost has been made.
2. Zoning Action Agreement. As to the Agreement regarding the
zoning action, it was understood that the assessment appeal would be
dismissed if the Council approves the agreement and that a new
application for rezoning and Comp Guide revision which has been
submitted to the City could be heard before the Advisory Planning
Commission on May 24, 1988.
3. Findings and Conclusions. Mr. Hauge also reviewed the
Findings of Fact and noted that the Conclusions provide that there
is a reasonable basis to support the application for rezoning and
Comprehensive Guide revision and that the Order would not be
admissible in any court proceedings involving the property, without
further Order of the Court.
After brief discussion, there being no objections and no
appearances by the general public, Wachter moved, McCrea seconded
the motion to approve the zoning agreement as drafted. All members
voted in favor.
Member McCrea questioned the total amount of the obligation
toward the condemnation award on behalf of the City and it was noted
it would be a maximum of $100,000.00.
Egan moved, McCrea seconded the motion to approve the agreement
regarding the condemnation action and authorize its execution. All
voted yes.
LaFONDA DE ACEBO - MANAGER'S LICENSE
An application was received to change the designated manager for
the LaFonda DeAcebo Restaurant. The new manager is Timothy Carl
Cradle and Captain Pat Geagan of the Police Department indicated
that the investigation resulted in no objection to the license
issuance on behalf of the police department. Wachter moved,
Gustafson seconded the motion to approve the Manager's license in
the name of Timothy Carl Cradle for LaFonda DeAcebo. All voted in
favor.
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AL HERMANN CONSTRUCTION - MODEL HOME PERMIT
FAIRWAY HILLS 2ND ADDITION
An application for model home permit was submitted by Al Hermann
Construction for Lot 2, Block 2, Fairway Hills 2nd Addition and it
was noted that the permit meets the provisions provided by City
Code. Jim Sturm briefly introduced the application and
Councilmembers questioned whether all City concerns in Phase One had
been completed and if not, whether Phase Two should be approved.
Mr. Colbert stated that he still has certain problems with the First
Phase. Al Hermann was present and stated that he agreed with the
requirement of the staff regarding the installation of utilities and
requested that the model home permit be granted for Parade of Home
purposes. McCrea moved, Egan seconded the motion to approve the
model home permit for Lot 2, Block 2, Fairway Hills 2nd Addition as
requested provided all City requirements are fulfilled. All members
voted yea.
NEW HORIZON HOMES - MODEL HOME PERMIT
BOULDER RIDGE TOWNHOME
An application of New Horizon Homes, Inc. for model home permit
for townhome on Lots 1 through 4, Block 1 was next considered by the
Councilmembers. Jim Sturm briefly reviewed the application and
noted that the request met City Code requirements. There being no
objection, McCrea moved, Wachter seconded the motion to approve the
application as submitted, subject to City requirements. All voted
aye.
BREEZY OUTDOOR, INC. - BILLBOARD SIGN - CONDITIONAL USE PERMIT
An application of Breezy Outdoor, Inc. to allow billboard
advertising sign along 1-494 on Lot 4, Block 1, Eagandale Center
Industrial Park was brought to the Council. The Advisory Planning
Commission recommended denial at its meeting in April of 1988 and it
was noted that the City Council on July 15, 1986 denied a similar
request on the same lot. The July 15, 1986 Resolution was included
with the packet material stating the reasons why the denial was made
in 1986.
Jack Lawrence appeared for the applicant and stated he
understood the council's position and did not push the application.
Egan moved, Wachter seconded the motion to deny the application for
the reasons stated by the Council in the Resolution dated July 15,
1986 concerning a comparable application. All members voted
affirmatively.
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May 3, 1988
EDWARD & CYNTHIA DEVLIN - WAIVER OF PLAT
WESCOTT GARDEN LOTS
An application was submitted regarding waiver of plat to split
Lot 4, Block 3, of the Wescott Garden Lots into separate
Agricultural parcels. The property is located on the west side of
Trails End Road. The APC recommended approval of the Waiver. There
being no objection, Wachter moved, Egan seconded the motion to
approve the application, subject to compliance with City Code
specifications. All members voted in favor.
R-88.26
ANNE WETTELAND - VARIANCE - 4540 BLACKHAWK ROAD
An application by Anne Wetteland for 3 foot variance to 10 foot
minimum side yard setback for addition to living space at her
property on 4540 Blackhawk Road was submitted. An 18 foot by 33
foot addition was built onto the existing home and an error
resulting in construction into the side yard setback area. There
were no objections and Gustafson moved, Egan seconded the motion to
approve the application subject to compliance with all other
applicable Code requirements. All voted yes, except Wachter who
abstained.
STANLEY STYLSKI - VARIANCE - HALLEY'S FIRST ADDITION
An application was submitted by Stanley M. Stylski for variance
for Lot 3, Block 2, Halley's First Addition to provide a 50 foot
variance from 100 foot setback requirement from Agricultural
district. The proposal would include a 48 foot by 156 foot pole
barn for storage purposes. Jim Sturm explained the application
indicating a building could be constructed without the setback
variance but the applicant indicated it was not economical to do
so. Councilman Egan cited the action of the City Council at a
previous meeting regarding an application for a greater variance and
stated that the reasons that were cited by the City Council at that
meeting still applied.
Egan moved, Ellison seconded the motion to deny the application
for the same reasons as indicated by the Council at its previous
meeting regarding a comparable application, including the fact that
the City does not want to promote the construction of pole barns and
to promote industrial uses in an area designated Residential on the
Comprehensive Guide Plan. All members voted positively.
14
LL)Ullt 1J i1UUt:
May 3, 1988 1^L",07r
LEXINGTON SQUARE - MICHAEL RUDOLPH - VARIANCE
An application of Michael J. Rudolph of 3915 Gibralter Trail for
variance from the 10 foot minimum side yard setback on Lot 17, Block
5, Lexington Square to construct a porch 7 feet 4 inches from the
property line. It was noted that there were no objections from
property owners but member McCrea expressed her concerns about
variances on smaller residential lots. McCrea moved, Egan seconded
the motion to approve the application, subject to compliance with
all other city requirements. All voted favorably.
METROPOLITAN AIRPORTS COMMISSION - RUNWAY 4/22 EXTENSION
RESOLUTION
Tom Hedges explained to the City Council that the MAC has
completed its environmental assessment of the proposed 4/22 runway
extension at the Airport. This runway would run diagonally and
directly affects St. Paul, Highland Park, Bloomington and Richfield.
The Eagan Airport Relations Commission has reviewed the proposal and
suggested a Resolution to the City Council that would oppose the
extension as currently proposed and a memo from Administrative
Assistant Hohenstein dated April 26, 1988 was included with the
packet information.
Mayor Ellison explained that he supported the Resolution but was
concerned about the expected inadequacy of the airport runway
facilities within a few years.
McCrea moved, Gustafson seconded the motion to approve the
Resolution and authorize its execution. All voted yea.
R-88.27
PUBLIC IMPROVEMENT CONTRACTS
1. Eagan High School - Contract #88-12. The plans and
specifications for utility improvements for the new Eagan High
School have been prepared and it was recommended that the Council
approve them and authorize the advertisement for bids to be opened
at 10:30 a.m. on June 1, 1988 at the City Hall. Gustafson moved,
McCrea seconded the motion to approve and implement the
recommendation. All voted yes.
2. Lexington Square - Contract 488-16. The plans and
specifications for Contract 488-16 covering storm sewer improvements
in Lexington Square have been completed and staff recommended
approval. Wachter moved, Gustafson seconded the motion to approve
the plans and specs for Contract #88-16 and to authorize the Clerk
to advertise for bids in the legal newspaper to be opened at 10:30
a.m. on May 27, 1988 at the Municipal Center. All councilmembers
voted yes.
15
~;vuncii eiinuCes
May 3, 1988
3. Eagandale Center Industrial Park 9th and 10th Additions -
Contract 488-10. The staff recommended approval of the plans for
Contract #88-10 covering street and utility improvements in
Eagandale Center Industrial Park 9th Addition. Mr. Colbert also
recommended that the plans for Eagandale Center Industrial Park 10th
Addition be combined into the 9th Addition and plans have provided
for the incorporation. The DNR will not allow dredging of the south
pond according to Mr. Colbert and only a small amount of fill will
be installed on the north end. Wachter moved, Egan seconded the
motion to approve the plans and to authorize the City Clerk to
advertise for bids which would be opened at the Municipal Center at
10:30 a.m. on June 2, 1988. All voted yes.
4. Woodlands Addition and Hurley Lake - Storm Sewer Lift
Station - Contract #88-11. The bids for the Woodlands Addition and
Hurley Lake storm sewer lift station have been submitted. Tom
Colbert explained an easement had not been obtained and recommended
that the Council approve the alternate bid and if the easement is
not acquired, that a change order would then be processed. Upon
motion by Egan, seconded by Wachter, it was resolved that the
alternate low bid of S. M. Hentjes & Sons in the amount of
$179,564.58 be approved. All members voted in favor.
5. Braun Court - Street & Storm Sewer - Contract #88-6. The
plans and specs have been completed for the Braun Court street and
storm sewer project under Contract #88-6 and it was recommended that
they be approved. Wachter moved, McCrea seconded the motion to
approve the plans and authorize the advertisement for bids to be
opened at the City Hall on May 24, 1988 at 10:30 a.m. All
councilmembers voted in favor.
6. Well # 10 - Contract #87-27. After recommendation by the
staff, upon motion by Egan, seconded McCrea, it was resolved that
Change Order No. 1 to Contract #87-27 in the amount of a deduct of
$700.00 be approved and that the Mayor and City Clerk be authorized
to execute the related documents. All voted yes.
7. Well ~ 9 - Contract #85-26 - Change Order #3. Change Order
No. 3 to Contract #85-26 consisting of Well #9 improvements covering
Part A with an, addition of $4,750.00 and Part B with an additional
$500.00 was recmmended to be approved. Wachter moved, Gustafson
seconded the motion to approve and authorize the implementation of
the recommendation for Change Order #3 to Contract #85-26. All
members voted affirmatively.
16
euncii .,iinuces
May 3, 1988
MUNICIPAL CENTER REMODELING CONTRACT
The City Administrator reviewed with the Council the proposed
improvement or remodeling of the basement area to office, space
under the lobby for expanding police work stations and improvements
to the existing floor covering in the police dispatch center, noting
the successful bidder is Parkos Construction in the amount of
$99,569.00. Art Dickey, the architect, was present and answered
questions of the City Council members. McCrea moved, Egan seconded
the motion to approve the Contract award to the low bidder, Parkos
Construction, with a base bid of $99,569.00. All councilmembers
voted in favor.
CITY ATTORNEY - REVIEW OF CONDEMNATION & EASEMENT ACQUISITIONS
City Attorney Paul Hauge reviewed a letter dated April 29, 1988
from his office regarding the acquisition of easements as follows:
1. McDevitt Property - Blackhawk Road - Project #488.
Recommendation was made by the Public Works Director and the City
Attorney's office that McDevitts be paid the sum of $5,400.00 for
permanent and temporary easements for improvements under contract
#488 consisting of the Blackhawk Road project. Wachter moved, Egan
seconded the motion to approve and authorize the implementation of
the recommendation. All voted aye.
2. Eagan vs. Carlson - Holland Lake Storm Sewer - Project #44R.
The owner's appraisal of $52,800.00, commissioner's award of
$37,800.00 with the City's appraiser $14,500.00 were reviewed
consisting of the Carlson property on Cliff Road and Paul Hauge
indicated that Judge Howe had requested that the City Council
consider a proposed settlement of the condemnation action. Egan
moved, Wachter seconded the motion to recommend up to $20,000.00 be
paid to the Carlsons for the storm sewer pond acquisition. All
voted yea.
3. DesLauriers - Holland Lake Storm Sewer - Project #44R. It
was noted that the commissioners awarded $60,000.00 in damages for
ponding area the City had not requested on the DesLauriers property
and it was not flooded during the super storm of July 23, 1987. The
DesLauriers appraiser estimated damages at $277,000.00 and
commissioner's award of $60,000.00 and the City's appraisal was
$1,150.00 for the lift station easement. After review by City
Attorney Paul Hauge and Tom Colbert, no further action was taken by
the Council.
17
.ounci± riinucas
May 3, 1988
PROPOSED PICKETING ORDINANCE
The City Attorney's office submitted a proposed draft Picketing
Ordinance based upon a request of the City Council at an earlier
meeting that consideration be given to such an ordinance. It was
explained that two concepts were considered, including banning
picketing in residential areas or requirement for permit for
picketing within the City. Although no public hearing is required,
it was recommended that a public meeting be scheduled with notice to
allow citizen input. Egan moved, Wachter seconded the motion to
request the staff schedule a public meeting to consider the adoption
of a picketing ordinance. All voted in favor.
ALCOHOLIC BEVERAGE LICENSE SUSPENSION/REVOCATION ORDINANCE REVISION
A letter dated April 29, 1988 from Kevin Eide requesting the
City Council review a proposed Ordinance amendment relating to
action against the liquor licensee in the event of a violation was
discussed by councilmembers. Because of the concern by licensees of
liquor establishments within the City about the proposed revisions,
it was recommended that a public hearing before the City Council be
scheduled on June 7, 1988. Wachter moved, Gustafson seconded the
motion to schedule a hearing at the regular City Council meeting on
June 7, 1988 to consider the adoption of an ordinance relating to
the suspension or revocation of a license under certain conditions.
All members voted in favor.
DIRECTOR OF COMMUNITY DEVELOPMENT POSITION
Mr. Hedges indicated that a new position of Community
Development Director has been scheduled by the City Council and a
position write-up was submitted to the City Council in the packet.
There was discussion about the possible need for workshop session to
review the write-up in more detail and further review will take
place at a later meeting.
PILOT KNOB ROAD UPGRADING - GRADING PERMIT
Public Works Director Tom Colbert explained that Enebak
Construction Company was the successful bidder for the Pilot Knob
Road upgrading project and had requested a grading permit to obtain
good granular material from three locations near Pilot Knob Road.
He asked direction from the City Council about noticing affected
neighboring owners about the grading project. Staff was requested
to contact the neighboring owners to allow 10 days to respond if
there are concerns, or in the alternative, that the contractor
acquire objections from affected neighboring owners, with notice to
be made within 350 feet of each of the locations. Egan moved,
Wachter seconded the motion to approve the guidelines described
above. All voted yes.
18
Council Minutes
May 3, 1988
SPECIAL CITY COUNCIL MEETINGS
Upon motion by Egan, seconded McCrea, it was resolved that the
following special City Council meetings be scheduled: Joint Council
and Park Commission meeting on flay 26, 1988 at 6:30 p.m.; a
Workshop on May 23, 1988 at 6:30 p.m. All members voted yes.
NORWEST BANK - TEMPORARY SIGN REQUEST
A sign company representative requesting direction from the City
Council regarding a three foot by six foot double faced sign, 43
inches off the ground for Norwest Bank on Pilot Knob Road was
requested. It was noted that an owner of the third lot, to the
rear, most likely would request a sign and it was suggested an
application be submitted to the City.
LEXINGTON STANDARD CORPORATION - FLAG POLE DONATION
John Hanson, the President of Lexington Standard Corporation has
offered to donate flag poles to the City without cost, for the two
fire stations and three at the Public Works garage. The Council
directed the City Administrator to approve the donation with a
letter of expression of thanks on behalf of the City Council
members.
EAGAN HIGH SCHOOL ADDITION - PARKING REQUIREMENT
The City staff recommended that additional parking on the north
end of the Eagan High School Addition provide for 20 car parking
spaces. District #196 had suggested that an agreement be entered
into to provide the parking requirement be waived at the present
time but proof of parking be provided in the event that it becomes
necessary to install the additional parking spaces. The City
Council agreed with the staff that the additional parking spaces be
required at the present time.
SUPERIOR PAINT & COLLISION AUTO STORAGE
An informal request had been made through the City
Administrator's office by Superior Paint and Collision that it be
allowed to store 100 new automobiles on site over two long weekends
which location is adjacent to the Mediterranean Cruise near Highway
#13. There were no objections on behalf of the City Council.
19
Council !~i1nure5
May 3, 1988
PILOT KNOB ROAD PROJECT
Tom Colbert gave an update on the scheduling for the Pilot Knob
Road improvement project, noting that Enebak Construction Company
was awarded the prime contract, Fredrickson Excavating the utility
contract, and McNamara Vivant, the paving portion of the project.
HERITAGE PRESERVATION COMMISSION
Mayor Ellison recommended that the Heritage Preservation
Commission be organized to consider the preservation of the old town
hall and other important historical sights in the City. He
recommended that Ted Wachter be named as chair and the City Council
members were requested to consider members to the Heritage
Preservation Commission.
EAGAN CITIZEN'S POLL
Tom Egan indicated that Mayor Ellison had distributed a poll to
households within the City and expressed his objections to the poll
including the fact that the responses were requested to be returned
to the City Hall. Mayor Ellison answered that the poll was
privately sponsored and distributed by volunteers.
ROYAL OAKS ADDITION - MECHANICS LIEN FORECLOSURE ACTION
Paul Hauge indicated that the City had been served with a
Summons and Complaint in a mechanics lien foreclosure action against
one of the Royal Oaks Addition lots south of Yankee Doodle Road near
Federal Drive. He stated that the City had been named a Defendant
because it issued revenue bonds for the project in 1986 and
recommended it was his opinion that the City should enter an Answer
immediately so as to avoid a default, but that the trustee in the
action should defend and cover any costs that the City incurs. The
Council approved the recommendation.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following
checklist dated May 3, 1988 in the amount of $264,412.94. All voted
yea.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at
12:30 a.m. All voted positively.
PHH
Clt flerk
20