02/16/1988 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 16, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
February 16, 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 Robert Rosene, and City Attorney Paul Hauge.
AGENDA
Wachter moved, McCrea seconded the motion to approve the agenda
as presented. All voted yes.
MINUTES
Regular Meeting of February 2, 1988. Egan moved, McCrea
seconded the motion to approve the minutes of the regular meeting of
February 2, 1988 with the following changes: On page 6, referring
to Pam McCrea, should be changed to she; on page 7 in relation to
Statement of Qualifications, all voted yes except Egan who voted
no; on page 12, the checklist amounts should be as follows:
Checklist dated 2-2-88 in the amount of $148,886.55, and checklist
dated 2-1-88 in the amount of $389,792.75. All voted aye.
pecial Meeting of February 9, 1988. Wachter moved, Gustafson
seconded the motion to approve the minutes of the special. meeting of
the City Council on February 9, 1988. All voted yea.
DALLAS DEVELOPMENT 2ND ADDITION PUBLIC WORKS DEPT.
Public Works Director Tom Colbert reviewed with the City Council
a request for waiver of financial guarantee for Dallas Dovelopment
2nd Addition. He indicated that the Council had approved the final
plat in 1987 and approved the final contract on October 20, 1987.
The construction of streets and utilities progressed immediately as
requested by the developer, and significant construction has been
completed. The developer is still unable to provide the financial.
security required by ordinance, and Mr. Colbert reviewed two
options, including waiver of financial guaranty, and allowing the
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February 16, 1988gp^
release of the final plat for recording, or revoking the final plat
and authorizing the preparation and acquisition of necessary
easements for the public improvements. Mr. Colbert recommended the
former and stated that it would be easier to prove benefit against
platted property than unplatted property, noting it is not likely
that the property will become tax forfeited in light of the
investment that the developer has in the land.
Bernie Frye appeared on behalf of Dallas Development and
mentioned that Tessaract has changed its position concerning
construction of the school and now may purchase the land and
construct the building itself. The owner of the property is Silver
City Limited Partnership which includes most of the same principals
as Dallas Development Company. The reason for the inability to
acquire the guaranty is partially related to the school, according
to Mr. Frye.
Councilmember McCrea asked how the problem could be avoided in
the future and Mr. Colbert stated that one answer would be to refuse
to allow the award of contracts until the plat is recorded. McCrea
favored approving the plat as the best of two choices and moved,
with Gustafson seconding the motion, to approve the waiver of the
financial guaranty and allow the release of the final plat for
Dallas Development 2nd Addition, with the understanding that the
financial guaranty will be submitted as soon as possible; further,
it was understood that the course of action appeared to be the best
option based upon the reasons presented by the Public Works Director
and that the procedure would not be followed in the future. All
members voted in favor.
SPECIAL CITY COUNCIL MEETING - FEBRUARY 25, 1988
City Administrator Tom Hedges recommended that the City Council
add to its February 25th agenda a report from Decision Resources as
recommended by the Advisory Park and Recreation Committee. Egan
moved, Gustafson seconded the motion to acknowledge the inclusion on
the agenda of the report from Decision Resources. All voted aye.
CLIFF ROAD & BLACKHAWK ROAD - PARK & RIDE FACILITY
A request had been made by the City staff to MnDOT regarding the
proposed installation of a pay telephone receptacle for the
convenience of users at the Cliff and Blackhawk Roads Park & Ride
facility. MnDOT agreed to pay the installation cost of about
$1,200.00 and Northwestern Bell would require a fee of $55.00 to
$60.00 for monthly maintenance. Mr. Colbert asked whether the City
Council would approve the payment of the maintenance cost and
Councilman Wachter suggested the State of Minnesota be required to
pay the operational cost. The issue was continued until further
information is acquired regarding alternate financing methods.
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February 16, 1988
CONSENT AGENDA
The following consent agenda items were presented by the staff
and it was recommended that the Council approve them:
1. Personnel Items:
a. Police Officers. It was recommended that Stephanie
Masczko and James McDonald be hired as Police Officers in the City,
effective March 1, 1988 and March 2, 1988, respectively.
b. Community Service Officers. Recommendation was made
that the Council approve the hiring as Community Service Officer for
the City Police Department, those persons recommended for hire by
the Chief of Police and approved by the City Administrator, subject
to successful completion of the City's physical and psychological
examination requirements, with their effective beginning work dates
of March 1, 1988 and March 2, 1988.
2. Volunteers of America Week - Proclamation. It was
recommended that the proclamation for Volunteers of America Week
covering March 6 - 13, 1988 be approved.
3. Plumbers Licenses. A schedule of applications for plumbers
licenses was presented, including one water conditioner installer
license, according to the packet dated February 16, 1988. It was
recommended that the applications be approved.
4. Off-Sale Beer - Holiday Station License. An application was
submitted by the owner of the Holiday Station at 4945 Nicols Road
for off-sale beer license and the recommendation was made that the
Council approve the application.
5. Williams & LaRue 2nd Addition - Final Plat. An application
was submitted for final plat approval of Williams & LaRue 2nd
Addition located at the northeast corner of Wescott Road and
Lexington Avenue. Mr. Colbert reviewed the plat and noted it was
revised slightly from the preliminary plat approved on May 19, 1987
due to further design considerations for the upgrading of Lexington
Avenue, resulting in the required acquisition of the existing house
located on proposed Lot 2. In addition, a frontage road across from
Outlot A would be provided to the two northerly lots. R-88.8
6. Firemen's Relief Association - Charitable Gambling License.
An application had been submitted by the Firemen's Relief
Association to allow five one-day events during calendar year 1988
for charitable gambling purposes. There being no objection, it was
recommended that the Council approve the gambling license
application for five one-day events.
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February 16, 1988
7. National Primary Drinking Water Regulations (NPDWR). The
staff submitted a proposed response according to a letter dated
February 4, 1988 addressed to the Surface Water Treatment Drinking
Water of the Environmental Protection Agency in Washington D.C.
There was discussion by Councilmembers regarding the response and
the staff recommended approval.
8. Northview Road On-Street Parking Resolution. A resolution
was submitted regarding Municipal State Aid restricting on-street
parking along the north side of Northview Park Road from Lexington
Square to Elrene Road as constructed under Contract #88-3. The
staff recommended the Council approve the Resolution.
Upon motion by Wachter, seconded Egan, it was resolved that the
foregoing Consent Agenda items as presented and recommended be
approved and ordered to be implemented. All voted affirmatively.
BLACKHAWK POINT - EASEMENT VACATION
The public hearing regarding the vacation of a partial right-of-
way and utility easement on Blackhawk Point was convened by Mayor
Vic Ellison. The Public Works Director described the vacation,
indicating a portion of the existing public right-of-way for
Blackhawk Point and also existing storm sewer easement southeasterly
of Blackhawk Hills Road. There were no objections to the proposed
vacation of the easements, and notice was sent to the affected
utility companies. Gustafson moved, McCrea seconded the motion to
close the public hearing and approve the vacation of the public
right-of-way and utility easements and authorize the execution of
the related documents. All councilmembers voted yes.
BIETER VS. CITY OF EAGAN
At about 7:10 p.m., Mayor Ellison asked that the City
Administrator introduce the review and consideration of the proposed
settlement of the Bieter vs. Eagan lawsuit regarding the proposed
Diffley Center project. Mr. Hedges indicated that an action began
in the spring of 1987 and that the City Council at the special
meeting on February 9, 1988 entertained a proposal of the Bieter
Company representatives to potentially resolve the lawsuit. An
executive session was held by the City Council that evening and
negotiations have continued during the course of the following week
between attorneys and City staff persons and Bieter representatives
to work toward a compromise solution.
City Attorney Paul Hauge explained that the Bieter Company
representatives were not present at the current meeting on February
16, and also described the exception to the open meeting law that
permits a governing body, including a City Council, to act in
executive session to discuss pending or threatened litigation. He
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February 16, 1988 40 C,
noted that the Eagan City Council has, from time to time, used the
executive session method and it is permissible under Minnesota law.
There are certain requirements, however, that are imposed including
keeping a record of the proceedings of the executive session. Mr.
Hedges briefly reviewed the revised plan proposed by the developer
including the rezoning of the westerly half of the property to CSC
PD with the easterly half being comp guided Commercial and R-4 with
zoning remaining Agricultural.
There were a large number of interested persons in the audience
and Mayor Ellison asked if there were questions from any members of
the audience.
Martin Colon of Federal Land Company appeared and stated that he
appreciated that consideration of the proposal is put off and it is
important that the public be given input.
Arlene Krecklau, a resident, asked what the City intends to do
with the Bieter parcel, and whether a specific study would take
place as to its utilization. Mr. Hedges answered that the Council
has directed staff to arrange for a commercial use study and that it
will be proceeding, perhaps being completed within two to three
months. As to the Bieter property, he stated the owner has a right
to submit an application, otherwise it will continue to retain the
current comp guide and zoning.
Ms. Krecklau recommended that a committee be formed, including
councilmembers, developers, citizens, and business persons, to
consider uses of business property throughout the City and
recommended that there be no compromise in the lawsuit by the City
Council.
Another resident appeared and stated that she was concerned that
the O'Neil case would be a precedent in future cases and Mr. Hauge
stated that there are generally differences from one case to
another, but that it could be claimed that there are precedents that
arise in the event of action by the City Council in any case.
Councilman Egan cited substantial differences between the O'Neil
and Bieter settings and suggested that settlements should be
incurred where they are appropriate.
Member McCrea stated it was her opinion that Arlene Krecklau's
proposal was viable and suggested the staff study the creation of a
committee to review commercial and other uses in the City. She
noted the Economic Development Commission and Developers Task Force
were still in existence.
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February 16, 1933
Bill Duggan asked about the process to select the firm to study
the commercial needs and Mr. Hedges described the objective, noting
that most developers do studies before submitting applications.
Demographic data would be used by the firm hired by the City.
Mayor Ellison mentioned that he understood that it would take
nearly three months to complete.
Councilman Egan stated the study should cover how one part of
the City would affect other sections of the City. Mr. Egan also
asked about the options that were available to the City Council
regarding the Bieter property and City Attorney Paul Hauge responded
that there were several options including the following:
1. The applicant could be required to submit a new application
for comp guide revision and rezoning that would follow the normal
public hearing process.
2. To consider settlement of the lawsuit, allow the revision to
the zoning by agreement and detailed Findings and Order, which may
be less defensible. In this case, the question arises as to whether
a majority or two-thirds vote of the City Council would be required
for approval.
Mayor Ellison stated that in the event that a proposal for
settlement is submitted for rezoning, including the Bieter action,
at any time in the future, that it should be scheduled for a public
meeting. The consideration ended at about 7:40 p.m.
ORGANIZATIONAL APPOINTMENTS
Tom Hedges introduced the proposed appointment of members to
various commissions within the City and noted that appointments were
scheduled to be made for the Economic Development Commission, Solid
Waste Abatement Commission and Water Management Organization.
Notices had been sent to the local newspapers. He recommended that
three-year terms be applicable for the Economic Development
Commission and Water Management Organization, due to their on-going
status, but that the Solid Waste Abatement Commission was created as
an adhoc study Commission to review solid waste abatement and when
the findings and recommendation are completed, the Commission may
not be continued.
Mr. Hedges then described in more detail the purpose of each
Commission and the proposed balloting system, noting the intent
would be that the terms be staggered.
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February 16, 1988
.apt. ` E.W V
1. Economic Development Commission. The following persons were
elected:
Three Year Terms:
Retail Sector - Michelle Sewald
Industrial Sector - George Traynor
Service Sector - William Duggan
Two Year Terms:
Corporate Sector - Larry Wenzel
Financial Sector - Corey Cleveland
Utility Sector - Eldon Johnson
One Year Terms:
Development Sector - Tom Ellingson
Media Sector - Candace Garry
Public Sector - Roger Hughes
It was noted in each case the foregoing persons received a clear
majority of the Council votes for that position.
2. Solid Waste Abatement Commission. No specific terms were
scheduled. Mr. Hedges indicated that the law requires that the
ballots be initialed and that ballots be kept for public record.
Ballot No. 1 was used for all the regular positions and Ballot No. 2
for the alternate positions. Those elected were as follows:
Three Resident Members: Tim Hoel
Cindy Ista
Brenda Marshall
Two Business Members: Delmar DeBilzan
Earl Milbridge
Two Refuse Haulers: Larry Knutson
Kevin Nordby
Service Organization: Tom Mann
Alternate: Terry Schnell
City Government Service: Jon Hohenstein
3. Water Management Organization. There was discussion as to
whether Scott Merkley, who is a member on another commission, should
be elected to the Water Management Organization, noting the policy
that resident members be appointed to only one City Commission.
Staff recommended that Mr. Merkley be reappointed for continuity
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February 16, 1988
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purposes. Member McCrea stated that it was her belief that the one
commission membership policy should be upheld. The balloting
resulted in the following: Catherine J. Funk and Tom Walkington as
regular members and Scott Merkley as alternate.
THOMAS LAKE POINTE - OFF-SITE SIGNAGE
The application of the Dominium Group representing the Thomas
Lake Pointe development for variance to the City's policy to provide
additional off-site signage was upon motion by McCrea, seconded by
Gustafson, continued until the March 1, 1988 regular City Council
meeting at the request of the developer. All members voted in
favor.
REMICK ADDITION - PRELIMINARY PLAT EXTENSION
An application was received from the developer of the Remick
Addition for an extension of the preliminary plat and Dale Runkle
briefly explained the proposal to the Council. He noted that there
were some technical difficulties in trading of land by the City to
the Remicks and thus the reason for the request for continuance.
Joe Christensen, attorney, appeared for the Remicks. Wachter moved,
Gustafson seconded the motion to approve the extension for one year,
based upon the recommendation of the staff. All members voted
affirmatively.
LeMAY LAKE APARTMENTS - FINAL RESOLUTION
An application was submitted by the developer of the LeMay Lake
Apartments for refunding of the multi-family housing revenue bond
issue. The Council at its February 2, 1988 meeting, scheduled
consideration for the February 16, 1988 regular meeting, and Mr.
Hedges explained that lower interest rates is the prime reason for
the request for the refunding. Tom Maple of Miller & Schroeder was
present, as was Peter Ramme on behalf of the developer. Mr. Maple
noted that an annual fee will be collected by the City on the
refunding as is the `current policy. There were no objections by any
persons present.
After brief discussion, Egan moved, Gustafson seconded the
motion to approve the final resolution for the LeMay Lake Apartment
multi-family housing revenue refund bond issue in the amount of
$12,500,000 and to direct the Mayor and City Clerk to execute all
related documents. All councilmembers voted yes.
R-88.8.1
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February 16, 1983
TAX FORFEITED LAND - CLASSIFICATION
Director of Finance VanOverbeka had been notified by Dakota
County that a list of parcels in the City of Eagan was requested to
be determined whether to be designated non-conversation lands in
preparation of a tax forfeiture sale. Real estate taxes have been
delinquent on the parcel since 1981 or 1983, depending on the type
of property. The Public Works Director and Director of Parks & Rec.
had reviewed them and recommended that the City not acquire any of
the eight parcels that were listed on the Certificate of County
Board of Classification of Forfeited Lands. The recommendation of
the staff was explained by Mr. Hedges and Egan moved, Gustafson
seconded the motion to approve the non-conservation classification
of the parcels described and to direct the office to notify Dakota
County of the Council's decision. All voted yes.
DALLAS DEVELOPMENT 2ND ADDITION - SPECIAL PERMIT
An application of Dallas Development Co. for special permit for
two temporary advertising signs on Lots 2 and 3, Block 1, Dallas
Development 2nd Addition, adjacent to Highway #13 was submitted for
consideration. Mr. Hedges introduced the application and Dale
Runkle explained the proposal, noting Dallas Development Company
will not allow Naegele Outdoor Advertising to install the pylon sign
approved in November of 1987 by the City Council.
Bernie Frye was present on behalf of the applicant and stated
that it was expected that the signs would be required for only about
six months. Wachter moved, McCrea seconded the motion to rescind
the action of the action approving the Naegele permit. All members
voted in favor.
Egan moved, Gustafson seconded the motion to approve the
application with a two year maximum covering Lot 2, Block 1 with the
following conditions:
1. The one time sign fee of $2.50 per square foot shall be paid
prior to installation.
2. The sign shall not exceed the proposed height of 10 feet.
3. The sign shall be located 10 feet within the property line.
4. All other applicable ordinances shall apply.
All voted yea.
McCrea moved, Gustafson seconded the motion to approve the
application with a two year maximum covering Lot 3, Block 1, with
the following conditions:
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February 16, 1988
1. The one time sign fee of $2.50 per square foot shall be paid
prior to installation.
2. The sign shall not exceed the proposed height of 10 feet.
3. The sign shall be located 10 feet within the property line.
4. All other applicable ordinances shall apply.
All voted yes.
NORTHWESTERN BELL TELEPHONE COMPANY - SPECIAL PERMIT
An application of Northwestern Bell Telephone Company for
special permit for the expansion of remote terminal buildings at
1585 Diffley Road and 1540 Cliff Road was brought to the Council.
City Planner Dale Runkle reviewed the application for both sites and
it was noted the intent was to keep the building away from County
Road #30 for purposes of future widening, including slope easements.
A representative was present and answered questions of City Council.
She noted that the proposal for each was identical to the project on
the Cedar Grove Baptist site that was installed previously. The
existing buildings will be removed within about two years. Member
McCrea stated she was disappointed with the landscaping around the
buildings and the representative explained that Northwestern Bell
will submit proposals for landscaping and will abide by the staff's
recommendation.
Wachter moved, Egan seconded the motion to approve the
applications subject to the following:
1. The buildings shall have brick exteriors similar to the
previously constructed buildings.
2. Landscape plans shall be submitted and approved by City
staff.
3. All other applicable ordinances shall be complied with.
4. The owner shall grant necessary slope easements as requested
by the City or County for road improvement purposes adjacent to the
parcels.
All voted positively.
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February 16, 1988
rr.a ~r ~ S7
WELL #10 - CONTRACT #87-27 - HOURS OF OPERATION
A request had been made through Orr-Schelen-Mayeron &
Associates, Inc. engineers on behalf of E. H. Renner & Sons for
permission to operate 24 hours a day while test pumping Well #10.
Mr. Colbert explained the request and recommended approval, noting
that the continuous pumping would be for four days starting February
17, 1988. Notice had been sent to all neighbors and there were no
objections. Bob Frigaard appeared on behalf of Orr-Schelen-Mayeron
and indicated the purpose was to try to simulate how a permanent
pump would operate. He also indicated that in the event there were
any complaints, the operation would be shut down. It was expected
the 24 hour pumping would be two nights. Egan moved, McCrea
seconded the motion to approve the request, subject to review if
there are complaints received. All voted yes.
COMMUNITY OF JOY CHURCH - REZONING & PRELIMINARY PLAT
An application of Community of Joy Church for rezoning from R-4
to PF (Public Facilities), preliminary plat approval and planned
development amendment of Lexington South PD was brought to the City
Council. Mr. Hedges indicated that the hearing was held before the
Advisory Planning Commission on January 26, 1988 and it was
recommended that the applications be approved.
Dale Runkle explained that the 6.08 acre parcel is now zoned R-4
within Lexington South Planned Development, it is located east of
Lexington Avenue, south of Northview Park Road and was previously
platted as an outlot in the Lexington Parkview Addition in 1987. At
that time a single access point to the area was provided, and no
direct access is currently provided to Lexington Avenue, or proposed
with the current application. 44% of the site will be proposed
green area or left as existing undisturbed area. The current plan
provides for 4,808 square feet with three phases with a maximum
building size of 17,690. 51 ten-foot stalls had been provided.
Mr. Runkle stated that there may be one access in the future to
Lexington Avenue, but not at the present time.
A representative of the church building committee was present
and noted that the applicant will comply with the sediment control
plan and he had no objections to the conditions. He also indicated
there were no plans for access to Lexington Avenue at the present
time.
There were no objections. Egan moved, Gustafson seconded the
motion to approve the application for comp guide amendment from D-IV
to Public Facilities. All voted in favor.
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February 16, 1988
Wachter moved, Gustafson seconded the motion to approve the
application for rezoning from R-4 to PF and an amendment to the
planned development, according to the plan. All voted yes.
Egan moved, McCrea seconded the motion to approve the
application for the preliminary plat approval, 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. 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. 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.
7. All internal public and-private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
8. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
9. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
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February 16, 1988
a Del C ,
10. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
11. The landscaping plan shall be revised to provide for
appropriate screening on the northerly portion of the parcel,
adjacent to the agricultural property.
12. All signage shall be reviewed and approved by City staff.
13. Fifty 10 foot wide parking stalls shall be constructed with
the first phase.
14. All trash shall be contained within the building or an
enclosure shall be constructed next tot he building with the same
building materials.
15. The proposed grade on the driveway entrance shall provide a
maximum of 2% for a distance of 75 feet to 100 feet adjacent to
public right-of-way.
All voted affirmatively.
See Plat File
BEAU D'RUE DRIVE ADDITION - PRELIMINARY PLAT
The application of Gonyea Land Company for approval of the
preliminary plat for Beau D'Rue Drive Addition consisting of 4 lots
on 4.54 Community Shopping Center acres, including two existing
buildings along Beau D'Rue Drive, was then considered by the City
Council. The APC recommended approval, subject to certain
conditions. Dale Runkle noted that the preliminary plat
application was approved in 1983 but had expired and the staff
recommended reapplication for review by the City. In addition, the
staff requested an overall concept plan for future development and
the applicant submitted a suggested master plan. Mike Gair appeared
on behalf of the applicant, and stated the applicant had no
objections to the 11 conditions recommended by the Planning
Commission.
Councilman Egan asked about the 1988 concerns regarding
buffering the single family lots to the south and Mr. Gair mentioned
that some landscaping would be revised but it will not include the
driveway along the south property line as was provided earlier. In
1987, there were four proposals for access points, whereas the 1988
plan provides for only two accesses. Also the intensity of the
development would be less under the current plan. The proposal of
the staff was that the City could control the development of the
Outlot in the future, and it was noted there was no objections.
Egan moved, Wachter seconded the motion to approve the
application, subject to the following conditions:
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February 16, 1988
A 'Cl -7,
41 1. This development shall accept its additional assessment
obligations as defined in the staff 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 fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
4. All standard platting and zoning conditions shall be adhered
to unless specifically granted a variance by Council action.
5. All building expansion of new development shall require new
parking lots, landscaping and site development as per City
requirements at that time.
6. If a parking problem occurs on Lots 1 or 2, the City may
require that the parking area be expanded on the rear side of those
buildings.
7. Variances shall be allowed for the building and parking
setbacks as shown on the site plan.
8. No exterior trash containers shall be visible from Beau
D'Rue Drive.
9. The development is responsible for executing a recordable
document between the developer and the City of Eagan ensuring that
in the event the City feels that the existing nonconforming parking
area creates a hazard to the traveling public and a maintenance
problem, the development will relocate the parking area to a
conforming use within 12 months of the written notification from the
City of Eagan.
10. Shared driveway easements shall be provided with the
outlot.
11. Necessary right-of-way for Nicols Road shall be dedicated
with the plat.
All voted affirmatively.
See Plat File
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February 16, 1988
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TOWN CENTRE 100 5TH ADDITION - PRELIMINARY PLAT
The application of Waterford Partnership for preliminary plat
approval of the Town Centre 100 5th Addition consisting of 120
apartment units on Outlot B, Town Centre 100 was brought to the
Council. The applicant requested that the Council consider the
item later in the agenda, and upon motion by McCrea, seconded Egan,
it was resolved that the application be continued until later in the
meeting. All members voted yes.
See Plat File
PUBLIC IMPROVEMENT CONTRACTS
1. Lone Oak 2nd Addition - Contract #87-7. Upon recommendation
of the staff and upon motion by Wachter, seconded Gustafson, it was
resolved that the Council approve the fifth and final payment under
Contract #87-7, Lone Oak 2nd Addition, to F. Jedlicki, Inc. in the
amount of $4,261.22 and accept the improvement for perpetual
maintenance. All voted yes.
2. Pump & Pumphouse No. 10 - Cliff Road Site - Contract #88-4.
The plans for Contract #88-4 have been submitted and it was
recommended that they be approved and that the Council authorize the
advertisement for bids to be opened at 10:30 a.m. on Friday, March
11, 1988 at the City Hall. Egan moved, McCrea seconded the motion
to approve and implement the foregoing recommendation. All members
voted yea.
3. Nancy Circle - Contract #87-10. Upon recommendation of the
City staff and upon motion by Egan, seconded Gustafson, it was
resolved that the Council approve the second and final payment for
Contract #87-10 covering Nancy Circle to Bituminous Roadways, Inc.
in the amount of $1,817.17 and accept the improvements for regular
maintenance. All members voted aye.
4. Wescott Road - Contract #86-13. The recommendation was made
by the Consulting Engineer and the staff that the Council approve
the tenth and final payment for Contract #86-13 consisting of street
and utility improvements for Wescott Road. Upon motion by McCrea,
seconded Wachter, it was resolved that the Council approve and
direct the implementation of the recommendation with payment to
Northdale Construction, Inc. in the amount of $30,201.55 and accept
the improvements for perpetual maintenance as recommended. All
councilmembers voted in favor.
5. Nicols Road - Contract #87-16 - Change Order No. 1. Wachter
moved, Egan seconded the motion to approve Change Order No. 1 to
Contract #87-16 north Nicols Road, and authorize the Mayor and City
Clerk to execute the necessary documents. All voted positively.
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February 16, 1988
6. Braddock Trail - Contract #87-25 - Change Order No. 1.
Change order No. 1 was submitted and recommended to be approved.
Upon motion by Gustafson, seconded Wachter, it was resolved that
Change Order No. 1 for Contract #87-25 consisting of street
improvements on Braddock Trail be approved in the amount of
$4,973.70 and that the Clerk and Mayor be authorized to sign the
required documents. All voted yes.
MAGNUM TOWING - CONDITIONAL USE
Kevin Mellon of Magnum Towing at 4831 Biscayne Avenue appeared
concerning the conditional use permit for the auto impound facility
at the southeast corner of the City. He requested that the staff
review a proposed extension to the permit granted in December of
1985. He indicated that the City staff has not had time to process
the extension covering Lot 3, Block 1, Healey First Addition. He
mentioned that there had been no problems with neighbors. Egan
moved, Wachter seconded the motion to allow Magnum Towing to
continue as an impound facility until the March 16, 1988 meeting, at
which time the City Council will take official action concerning the
permit, if it is necessary to do so, with the understanding that
notice will be sent to the neighbors concerning the proposed
extension of the permit. All members voted in favor.
Mr. Mellon also indicated that he had a contract with the City
to impound City cars for a period of time, but that later the Police
Department rescinded the contract. He asked if he could rebid the
City towing and storage, which is currently being done by Richfield
Towing and storage at Lehman's on Highway #13. The Administrator
was asked to review the conditional use permit for the Lehman's
property and also the request of Mr. Mellon.
POLICE CAPTAIN'S 1980 COMPENSATION RATE
The City Administrator stated that in reviewing total
compensation received during 1987, it had been discovered that
compensation received by Sergeants in the Police Department, and by
Captains are extremely close in some cases. According to the
concept of comparable worth, this should not be true. A memo from
Administrative Assistant Holly Duffy dated February 8, 1988
reviewing the issue was discussed. Member McCrea asked why 10%
differential was recommended and Mr. Hedges' answer was that the 10%
factor has been used for supervisors salary above other personnel in
the past by the City. Wachter moved, McCrea seconded the motion to
approve the compensation rate for Police Captains at 10% over the
estimated total compensation rate for Police Sergeants, with the
understanding that the calculation for the top Police Sergeant's
salary shall be no greater than 25 hours of compensation time per
year. All councilmembers voted in favor.
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February 16, 1988
ELECTION EQUIPMENT
The City Administrator also reviewed with the City Council a
proposal from Finance Director/City Clerk Gene VanOverbeke by memo
dated February 12, 1988 reviewing the current status of the election
equipment. The equipment proposed has been the Mark Sense Optech
III-P system which allows for the use of paper ballots in individual
precinct counting. The reason for the request was that the new
system could handle the problem of cross-over voting in primary
elections and provide more timely results. It was also explained
that most of the cities which are involved are withdrawing from the
Joint Powers Election Equipment Agreement and the recommendation was
made that the City Council seriously consider the purchase of the
equipment described in the memo. Mr. Hedges mentioned that the
Council would most likely be confronted with the proposal within the
next three years, in any event, and in order to have the equipment
available in 1988 primary election, it would be necessary to order
it soon. Staff was requested to review the potential for leasing
the equipment and return to the City Council with a proposal.
CLIFF ROAD UPGRADING - PROJECT #510
City Public Works Director Tom Colbert explained to the Council
that the staff and councilmembers had received a telephone call from
a resident in the Johnny Cake Ridge Addition objecting to the
proposed median to be constructed through the existing intersection
of Ridgecliffe Drive, just east of Johnny Cake Ridge Road. There
were no objections expressed at the public hearing on January 5,
1988. The City Council had expressed some sensitivity to the
concerns restricting this City street intersection. The County has
agreed to revise the plans to provide full access movement in the
intersection, but other residents have requested a solid median
through the intersection remain, which is opposed by the Public
Works Department. The recommendation by the Public Works Director
was that full access be provided to Ridgecliffe Drive to provide
emergency vehicle access and full access to Cliff Road. Mayor
Ellison favored full access. Egan moved, Gustafson seconded the
motion to accept the recommendation of the staff to provide for full
access as proposed. There were no objections, and all voted in
favor.
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Council Minutes
February 16, 1988
TOWN CENTRE 100 5TH ADDITION - PRELIMINARY PLAT
The application of Waterford Partnership for preliminary plat
approval of Town Centre 100 5th Addition was then returned to the
City Council for its review. The APC recommended approval subject
to certain conditions. Dale Runkle was asked to detail the
application and he explained that the 8.6 acre parcel on the south
side of Town Centre Drive, westerly of Lexington Avenue would
include 122 rental units with five 22 unit buildings and one 12 unit
building. One parcel exceeded the 20% lot coverage but on average,
the coverage is under 20%. The density would be 13.9 units per
acre.
Mike Bloch of James Hill & Assoc. appeared, as did Jack Brandt,
one of the owners. Mr. Bloch discussed the runoff to the rear of
the project and indicated the rate has increased somewhat because of
increased impervious surfaces, etc. and stated the developer would
agree with a joint storm sewer project, with the property owner to
the south. He further stated a Homeowners Association will be
established and mentioned that there is capacity available and a
maintenance agreement is important for purposes of access to
utilities to Town Centre Drive. In addition, a trailway connection
would be provided along the west of the property.
Jack Brandt noted that the front exterior would be constructed
of brick, and that there would be maintenance free lap siding around
the other side.
Mayor Ellison asked if the brick could be extended around all
four sides, and Mr. Brandt's answer was that it would be too costly
to do so. He further explained that the units would be 1,400 square
feet in size, all would have fireplace, vaulted ceilings, and
washers and dryers in each unit. The rent would be as high as
$800.00 per month and there would be central heating and air
conditioning. Upon question, he answered that family and
professional couples would be the aim for tenant purposes.
Councilman Egan asked whether the parcel is part of the parcel
designated R-4 that could revert in usage and the answer was yes.
Mayor Ellison stated the staff is reviewing quality indicators
for apartment projects to avoid fading of the exterior, and asked if
the developer would entertain suggestions for siding, other than
maintenance free lap. Mr. Brandt indicated that he would work with
the staff in that respect.
Egan moved, Wachter seconded the motion to approve the
application, subject to the following conditions:
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February 16, 1988
Y «e. t
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 all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
4. 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.
5. 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.
6. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
7. 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.
8. This development shall be responsible for the acquisition of
all regulatory agency permits in the time frame required by the
affected agency.
9. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and Recreation
Commission and approved by Council action.
10. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by Council action.
11. All trash shall be contained in the garages or the
enclosures shall be noted on the final plat submission.
12. One covered parking stall shall be included with the rent.
13. The development shall be required to provide a maximum 2%
landing area as approved by City staff on the proposed entrance
drives to Town Centre Drive.
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Council Minutes
February 16, 1988
14. The development shall be required to work with the Eagan
Parks and Recreation Department in determining the best location for
the storm sewer outlet through O'Leary Park which provides a storm
sewer for Lots 3-6.
15. The development, through the execution of the property
building owners association agreement, can accept the maintenance
and ownership responsibilities of the proposed internal sanitary
sewer system. This agreement would eliminate the need to construct
sanitary manholes in Town Centre Drive.
16. There shall be no access from the property directly to
Lexington Avenue.
17. A 20 foot easement shall be provided along the westerly
portion of the property for the sanitary sewer.
18. Developer shall work closely with staff to provide siding
of as long lasting nature as possible and that such exterior shall
be approved by the staff.
Mr. Gustafson explained concerns about the storage of wood for
fireplaces and Mr. Colbert suggested that gas fireplaces be
installed as an alternate. All Councilmembers voted in favor.
See Plat File
1979 DODGE ASPEN
Mr. Hedges requested approval of the City Council to declare a
1979 Dodge Aspen as surplus and authorize sale of the vehicle. Upon
motion by Wachter, seconded McCrea, it was resolved that the high
bid of Ken Aszmann in the amount of $255.00 for the Dodge be
approved and be declared surplus property. All voted yes.
AIRPORT RELATIONS COMMITTEE
The City Administrator noted that a MASAC meeting was being held
on February 16, 1988 and that Dustin Merrick, MASAC representative,
was unable to be present, as was John Hohenstein. He also noted
that there as no alternate and that the Council may consider an
alternate for that position.
NORc7EST BANK DEVELOPMENT COMMITTEE
Tom Hedges explained to the Council that he was requested by
Norwest Bank to serve on a community board relating to development
within the City. He was concerned not only about his schedule, but
also any potential claim of conflict. The Councilmembers suggested
that for both reasons, it would not be advisable that he be a member
of the Board.
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Council Minutes
February 16, 1988
SOLID WASTE ABATEMENT COMMISSION
The Administrator then noted that Darlene Bahr had requested she
be reappointed to the Solid Waste Abatement Commission and
recommended she be added as an additional member because it is an
ADHOC Committee and that it may not continue in existence for a very
long period of time. It was noted that Darlene Bahr's name was
mistakenly not included on the ballot. Gustafson moved, McCrea
seconded the motion to appoint Darlene Bahr to the Committee. All
members voted yea.
LEAGUE OF CITIES - LEGISLATIVE SEMINAR
Mayor Ellison stated that he and several staff members were
present at the League of Cities Legislative Seminar on February 16,
1988 and briefly reported on some of the discussion, including
property tax issues proposed to be considered during the 1988
Legislative Session.
O'NEIL VS. CITY OF EAGAN
City Attorney Paul Hauge explained to the City Council that the
two proposed agreements regarding the three actions involving the
O'Neil property had not been returned to him by the O'Neil attorneys
and that they were not ready for submission to the City Council for
its review and approval. He noted that the draft agreements had
last been sent to the O'Neil's attorney on January 21, and that
several reply comments had been submitted to the condemnation
agreement within the past week with certain concerns regarding
revisions to the City Attorney's draft. He requested direction from
the Council as to whether the public hearing should be held at the
February 25, 1988 Planning Commission meeting to rezone the
property. It was the consensus of the Council that the public
hearing be continued until the next regular meeting in March because
the Council has not had an opportunity to review and approve the
agreements.
CHECKLIST
Upon motion by Wachter, seconded Gustafson, the following
checklists dated January 31, 1988 in the amount of $924,266.18, the
list dated February 15, 1988 in the amount of $288,860.25, and also
the checklist dated February 16, 1988 in the amount of $452,524.41
be approved. All voted in favor.
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Council Minutes
February 16, 1988
ADJOURNMENT
Upon motion by Egan, seconded McCrea, it was resolved that the
meeting adjourn at 10:30 p.m. All voted yea.
PHH
Cit lerk
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