03/15/1988 - City Council Regular
rv, ~ T' e
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 15, 1988
A regular meeting of the Eagan City Council was held on Tuesday,
March 15, 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, and City
Attorney Paul Hauge.
AGENDA
McCrea moved, Gustafson seconded the motion to approve the
Agenda as submitted with the exception that H on New Business
regarding Rahn Ridge Associates, Comp Guide amendment, planned
development zoning and preliminary plat, was continued at the
request of the applicant. All voted yes.
MINUTES
The minutes of the regular meeting of March 1, 1988 were
submitted and upon motion by Gustafson, seconded Wachter, it was
resolved that the minutes be approved with the following changes:
Blackhawk Pond Addition on page 7, Mr. Hedges mentioned that the
Advisory Planning Commission reviewed the project at its January 26,
1988 meeting and recommended approval at its meeting on February 25,
1988, subject to certain conditions; regarding Cliff Lake Center on
page 13, Mayor Ellison noted that an additional 4 acres had been
converted to commercial use by the December 1, 1987 plan in relation
to the original planned development. All councilmembers voted in
favor.
FIRE DEPARTMENT
City Administrator Tom Hedges submitted the plans and
specifications for Fire Station No. 5 under Contract #88-1 and
recommended that it be approved. Public Works Director Tom Colbert
was present and explained that the completion and occupancy is
scheduled in the Fall of 1988 but the plans are not completed and
recommended that the Clerk be authorized to advertise for bids with
the bid opening at 10:00 a.m. on Thursday, April 14, 1988, but that
the date may be changed in the event that there is inadequate time
to complete the bidding. Egan moved, McCrea seconded the motion to
accept the recommendation to authorize the advertisement for bids
and for the bid opening as proposed, noting the importance of
acquiring bids as soon as possible. All voted in favor.
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March 15, 1988
PARK & RECREATION DEPT. - COMMUNITY CENTER STUDY
Mr. Hedges then reviewed with the city Council the
recommendation of the Advisory Park and Recreation Department for
Community Center study and noted that the survey performed by
Decision Resources, Inc. resulted in overwhelming support for a
Community Center and the recommendation proceed by the APRC with the
necessary steps to fully analyze a feasibility report and proposed
bond referendum for the center. Ken Vraa, the Park Director, was
present and his memo dated March 4, 1988 was reviewed by the
councilmembers. Councilman Egan recommended cost estimates to be
determined as closely as possible including both construction and
operational costs to determine whether operations would be break
even.
Mr. Vraa indicated that the budget will be developed during the
various phases and will provide more accurate information on
construction and operational costs.
Councilman Gustafson mentioned that it is important to
prioritize what the City wants and give the information to the
architect before the drawings are commenced.
Recommendations of the Park Committee were found on pages 8 and
9 of Mr. Vraa's memo and member McCrea suggested an Advisory
Commission be involved as early as possible and include them during
the entire process.
Egan moved, Wachter seconded the motion to approve the APRC
Report on the preliminary study for a Community Center and to
approve and authorize direction to the APRC to prepare an RFP for
architectural services which shall include space and cost planning.
All voted yea.
DONALD FORESTER - 756 LASSO LANE - WATER CONNECTION PERMIT
Don Forester appeared on his own behalf objecting to the City's
requirements of the $204.00 water treatment plant surcharge be paid
in consideration for his connection to the City water supply system
at 756 Lasso Lane. Mr. Colbert introduced the subject and discussed
the hook-up and the private well. Mr. Forester indicated that he
was told there were no further charges when he would hook up to City
water. He reviewed the cost over-runs under Project #241 and
claimed that the City Council assured him there would be no further
hook-up charges in the Atlantic Hills or Saddlehorn Additions.
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March 15, 1988
Councilman Egan stated there was no recommendation of waiving
hook up charges that he could recall. After considerable
discussion, Wachter moved, McCrea seconded the motion to deny the
request because it would create a revision in the City Policy but
that he requested the staff review the minutes of the City Council
meeting to determine whether such a waiver was actually granted;
further, that it would cause a precedent if the hook up charge were
waived. Councilman Egan supported the motion because he stated that
lump sum settlement under Project #241 regarding cost over-runs do
not affect connection charges. All members voted aye.
CONSENT AGENDA
The following consent agenda items were submitted and
recommended that they be approved by the City Council:
1. Personnel Items:
a. Cable Coordinator. 39 applications were received for
the Cable Coordinator position and the staff recommended that the
Council approve the hiring of the candidate recommended by the
Interview Committee, noting that the final selection had not been
made.
b. Seasonal Forestry Aide. It was recommended that Dave
Wills be hired as seasonal spring forestry aide beginning April 4,
1988.
c. Contract Building Inspector. The recommendation was
made that Dale Schoeppner be contracted for Building Inspection
Services for the City.
2. Plumber's Licenses. Applications from Harris Mechanical
Contracting, Northrup Mechanical, Inc. and The Plumbing Place for
plumbing licenses were recommended to be approved.
3. Blackhawk Pond - Project #534. A petition was received for
preparation of feasibility report and simultaneous preparation of
detailed construction plans and specifications for Project #534
consisting of sanitary lift station in the Blackhawk Pond Addition.
It was recommended that the Petition be received and that the
Council authorize the preparation of the report and detailed plans
and specifications.
4. Pilot Knob Road and Cliff Road - Projects #466 and #510. A
resolution restricting on-street parking for Projects #466 and #510
consisting of Pilot Knob and Cliff Roads was submitted and
recommended to be approved.
R-88.9.1
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5. Kinder Care - Water Main - Project #530. A feasibility
report has been completed and it was recommended that it be received
regarding watermain for Kinder Care Addition and that a public
hearing be scheduled for April 19, 1988 at 7:00 p.m. at the
Municipal Center.
6. Sales & Use Tax Refund. It was recommended by the staff
that the request for authorization to execute agreement with John
Sarff on behalf of his contractors for the purpose of reclaiming
sales and use tax refunds, be continued.
7. Johnny Cake Ridge 5th Addition - Final Plat. An application
for final plat approval for Johnny Cake Ridge 5th Addition was
submitted and recommended to be approved, subject to compliance with
all City requirements. R-88.10
8. Cliff Lake Center - Municipal State Aid Street Resolution.
An amended Resolution for Municipal State Aid street designation for
Cliff Lake Center Addition was brought to the Council and it was
recommended that the amendment to the December 17, 1987 Resolution
be approved.
Wachter moved, Gustafson seconded the motion to approve the
consent agenda items as presented and authorize the implementation
of each of them. All members voted affirmatively. R-88.11
LEXINGTON SQUARE - STORM SEWER - PROJECT #527
Mayor Vic Ellison convened the public hearing concerning storm
sewer improvements under Project #527, Lexington Square area at 7:10
p.m. Public Works Director Tom Colbert introduced the subject and
indicated that as a result of the super storm on July 23, 1987,
portions of the Lexington Square development incurred substantial
flooding resulting in structural damage. The Council ordered an
engineering study and later a detailed feasibility report.
Neighborhood meetings were held including March 8, 1988 and two
major concerns were raised.
The first concern related to the proposal to assess the property
owners for the cost of internal additional storm sewer improvements.
The developer had indicated a willingness to assume the cost
associated with the cost of approximately $30,000.00. The second
concern related to the amount of assessments associated with the
lateral benefit from the trunk storm sewer to be installed along
Lexington Avenue estimated at $.38 per square foot, as compared with
$.10 to $.12 per square foot for similar assessments.
A report was also submitted by the developer's consultant and
grading of the common property lines, rather than improvement of the
facilities was the essential difference in the two recommendations.
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Jerry Bourdon of Bonestroo, Rosene & Anderlik, gave a detailed
report of the findings of the consulting engineers, including four
areas where flooding had occurred. The Newtown Court area evidenced
debris and storm pipes appeared to be adequate. Flooding was
apparently caused by plugged lines in that area. On Lot 19, the
flooding was not a direct result of the drainage system. He
reviewed the northern internal improvements and southern internal
improvements. The external improvement piping of 42 inches and 36
inches and overland grading were recommended solutions. The
developer's proposal was less costly because it included smaller
pipe size based on less safety factors, but Mr. Bourdon stated he
would recommend the Bonestroo, Rosene proposals.
Mr. Colbert indicated the Lexington Avenue improvements are
scheduled in 1989 and storm sewer improvements would be required at
that time. The staff recommended the feasibility report be revised
to provide that assessments be set at 12.45 cents per square foot
for residential area, and 13.43 cents per square foot for the church
areas, whereas, the feasibility report provided for 38 cents per
square foot.
Andrew Ribnak of 3870 Gibraltar Trail asked where the drainage
actually takes place. David David of 3840 Princeton Circle
questioned the external improvements and why his lot should be
assessed.
Roger Hughes, an affected resident, indicated the general
feeling of the residents was that there was some mistrust of the
developer, and that there is no advocate for the affected
homeowners. The general feeling, according to Mr. Hughes, was that
Meritor's proposal was minimal and the construction should have been
done properly when originally built.
Scott Hartz of 3895 Princeton Trail, stated his lot serves as a
ponding area because the culvert on Lexington Avenue is plugged. He
expected compensation for the loss of evergreen trees and the owners
on the west side of Lexington do not share in the cost of the
general development.
Mr. Colbert answered that the drainage to the culvert will be
picked up in improvements, but it is plugged at the present time.
The common lot line easement does allow for utility improvements and
he stated he was uncertain whether the trees would be impacted. He
further explained that the area west of Lexington does not drain
into this project.
Tom Lopac of 1003 Briar Creek Road asked that the pond east of
his home not be dropped as an issue. Mr. Bourdon indicated that
each area will be examined. The owner of 3918 Gibraltar indicated
she had 12 feet of water in her house and requested the maximum
improvement possible and that Meritor pay for the entire cost.
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Bill Morrison questioned that a comparable rainfall will take
place again. He stated that much had to do with the amount of the
assessments and Meritor's offer should be reviewed more critically.
The testimony indicated that the City did not have a field
inspection, rather field grading was done by the developer according
to plans because of lack of inspection personnel.
Mike Smith of 3871 Princeton Trail questioned the overland
drainage and the level of safety with a new proposal. Mr. Bourdon
estimated that there will be a high level of safety under the City
plan.
Dawn Simpson of 3980 Lexington Avenue requested that storm sewer
laterals be assessed at the same time as City road improvements are
levied in the future.
The owner of 3925 Boston Circle noted that the residents had
elected the Councilmembers to protect owners and in the case where a
developer had violated plans, then the developer should not be
allowed to develop in the City in the future.
The owner of 3908 Gibraltar mentioned that there is no proposal
to get the water out of the Gibraltar Trail area. The owner of 3829
Gibraltar Trail asked why the developer is not willing to pay more
toward improvements and Mr. Colbert's'answer was that the developer
was willing to contribute only up to its level of responsibility.
Peter Gage of 3913 Princeton Trail, demanded the developer
assume a greater degree of responsibility for the improvements. Al
Glatt of 3940 Princeton Trail asked if the berm on Lexington Avenue
will be retained, which is causing ponding on his property after
rainfalls. Mr. Colbert stated that the engineering department will
review the issue and if it blocks drainage, it will have to be
corrected.
The owner of 1011 Briar Creek Road had questions about pipe as
opposed to overland drainage. Dave Sanfus suggested a possible
building permit moratorium be imposed if the staff cannot handle the
growth. The owner at 1015 Boston Hill Road asked if two 50-year
storms will create the same problems as a single 100-year storm.
Mr. Colbert indicated that it is possible that the two could create
as much of a problem. The public hearing was closed by the Mayor at
8:40 p.m.
Councilmember McCrea asked whether the developer's proposal will
cover up to a 5 year storm, according to the Soil Conservation
Service. The City's proposal exceeds the projected 500 year storm
according to the staff. She was also concerned about the adequacy
of reviewing plans of storm sewer and construction by the
developers, and suggested that staff request greater participation
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March 15, 1988
from Meritor and study the cost and solutions in greater depth. She
further mentioned that greater financial participation in relation
to the owners may be important.
Councilman Egan stated that the City cannot design for super
storms. Mayor Ellison mentioned that the system generally has
functioned well throughout the City, but there have been a few
problem areas. Councilman Gustafson noted that had the developer
done the grading as designed for the 100 year storm, flooding would
have occurred anyway. There was no overland drainage, according to
Mr. Bourdon and had it been installed, they may have avoided some of
the flooding problems.
Roger Hughes stated that standards in computing the storm levels
are different and that the plan would have protected the property
for a 100-year storm level according to City standards, but it was
noted there is some difference in opinion among engineers.
Jerry Bourdon noted that the $30,000 improvement will put the
project back to the level it should have been at the 100 year storm
level. A question was asked whether the $060,000 could be assessed
against the developer and the answer was that only if the
requirement for the development is higher than the $30,000
improvement being proposed. Mr. Colbert warned, however, that the
cost in pursuing the issue may not be well spent. Mayor Ellison
noted that the issues included how much reconstruction should be
done, how much cost should be incurred, and who would pay for the
improvements. He indicated that only the amount of construction
should be the issue at the present time and the design should solve
the problem to a reasonable level.
City Attorney Paul Hauge was asked whether the developer could
be held responsible for an amount above the $30,000 improvement
level, and his answer was that the developer could be held
accountable if it was necessary to install improvements above
$30,000, under normal City standards.
Mr. Colbert further indicated that the City staff does try to
negotiate more improvements and it was noted that certain issues
dictate whether additional improvements above the normal standards
are required, including the type of soil involved.
Councilman Egan's opinion was that if the $30,000 level would
meet the City standards that the City could not exact greater amount
from the developer. He noted that negligence in design and
construction and whether the system failed are the issues. The
design is the first fact for the Council to determine how the cost
should be allocated.
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Mayor Ellison indicated the residents had paid once and should
not pay again but noted the engineer recommended a $30,000
improvement level would be adequate according to City standards.
The $60,000 job would include larger pipe sizes and further
extensions of pipe compared with the $30,000 project. Mr. Colbert's
comfort level for improvements is at $60,000 but an acceptable level
is $30,000.
McCrea moved to close the hearing, to approve the project based
upon the $60,000 system, but that the staff negotiate with Meritor
to install improvements to contribute more than $30,000 and that the
balance be paid from City funds. There was no second and the motion
died.
Peter Molinaro of Enebak Construction Co. was present noting
that Enebak is the general contractor on the project.
McCrea then moved, Egan seconded the motion to close the
hearing, to order in the project, covering $60,000 in improvements
with the cost of the south internal improvements to be paid as
follows:
1. $30,000 to be paid by the developer.
2. $10,000 to be paid by the City of Eagan.
3. $10,000 to be paid by the benefited property owners based
upon a special assessment spread.
4. An additional $10,000 to be acquired from the developer and
if not successful, the City would then pay that $10,000;
Further, that the external improvements also be ordered in,
providing the assessments be reduced to $0.1245 per square foot for
the residential owners, $0.1843 for the church property.
All voted yes, except Gustafson who voted no.
EAGANDALE CENTER INDUSTRIAL PARK 9TH ADDITION - PROJECT #528
The next public hearing convened by Mayor Ellison concerned
street and utility improvements in Eagandale Center Industrial Park
9th Addition under Improvement Project #528. Mr. Colbert introduced
the project and Mark Hanson of the Bonestroo office detailed the
project for the City Council. Bob Worthington had been present
earlier and explained that Opus Corporation favored the project.
There were no appearances and no objections to the project.
Councilman Wachter stated he was opposed to the use of the name
Hampton for street names with potential confusion with the Hampton
Heights subdivision. Mr. Colbert noted the developer was very
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March 15, 1988 m-.,
insistent on using the Hampton name because of the Hampton Inn that
will be constructed within the subdivision and stated that there did
not appear to be any confusion as far as street names are concerned.
There was a question concerning storm sewer design and Mr.
Colbert stated that the staff had negotiated higher standards for
the project, even though the new standards had not been adopted.
Wachter moved, Gustafson seconded the motion to close the public
hearing and approve Project #528 and to authorize the preparation of
detailed plans and specifications. All councilmembers voted in
favor.
ROSEMOUNT KNIGHTS OF COLUMBUS - GAMBLING LICENSE
An application of the Rosemount Knights of Columbus for pull-tab
gambling license was brought to the Council. The Police Department
had no objection to the grant of the application. Mr. Hedges noted
that at the present time, St. Joseph's Home for Children in
Minneapolis has a pull-tab operation in Richard's Food and Liquor on
Highway #3 and Dick Stariha, the owner, had given St. Joseph's 30
days notice to vacate. A representative of the Rosemount K of C was
present and answered questions of the Councilmembers.
Mayor Ellison explained he did not favor charitable gambling
because of the small percentage of the total dollars spent, that
actually is given to charity and further, favors local charities be
given first opportunity to acquire gambling licenses.
Councilman Egan favored allowing national non-profit
organizations to be granted licenses only if there is direct benefit
to the City of Eagan. Dick Stariha was present and mentioned that
he tried to get a local organization one year ago but was not able
to do so. The Rosemount KC's provided for a percentage of the
proceeds to go to the Eagan Volunteer Fire Department. Councilman
Egan asked if there is an Eagan K of C and the answer was yes.
Councilman Gustafson asked what percentage actually goes to
charity and Mr. Stariha's answer was that at least 55% was to go to
charity. The KC representative indicated he understood that the
Eagan KC did not object to the application. It was noted that the
Rosemount K of C has one facility in Rosemount, one in Coates and
this would be the third facility. In further questioning, the
representative stated that 95% of 55% goes to charity.
Jerry Marko of Eagan Lions was present and answered certain
questions, noting that 80% of the total gross is returned to the
participants, 20% for rent overhead and 55% of the 20% goes to
charity, with about 11% gross being paid to charities.
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March 15, 1988
Gustafson moved to approve the application as requested, there
was no second and the motion died.
Egan then moved to deny the application based upon the reasons
cited above, including the fact that it is not an Eagan non-profit
organization; it was further resolved that $250.00 application would
be returned to the applicant. Councilmember McCrea suggested that
guidelines be formulated. Mr. Stariha asked whether he could
continue to operate the pull-tab operation currently operating out
of Richard's Food. Wachter seconded the motion and all members
voted yes except Gustafson who voted no.
COMMISSION ORDINANCE AMENDMENT - CODE SECTION 2.50
The City Administrator introduced to the City Council a proposed
revision to Ordinance Section 2.50 through 2.52 regarding advisory
commissions and committees. The general purpose was to set a
specific number of members for each commission at 7 with one
alternate, but that the Council be given the opportunity by
Resolution to establish special adhoc committees that may have
varying terms and sizes.
Gustafson moved, McCrea seconded the motion to approve the
ordinance revision and authorize its publication. Member Egan noted
that he was opposed because the ordinance legislates away the
ongoing continuity of committees and possibly, there may be times
when there may not be adequate replacements after the expiration of
the 9 year maximum terms. He mentioned that the Council could
replace any person after the expiration of any term. All
councilmembers voted affirmatively except Egan who voted against.
COMMERCIAL RETAIL STUDY
City Administrator Hedges explained that the City Council had
directed the City Administrator to proceed with the request for
proposals seeking consulting firms to prepare a comprehensive study
for commercial retail needs for the present and future of Eagan.
Four firms were interviewed, including Northwest Associate
Consultants, Public Financial Systems, Laventhol and Horwath and
Panell, Kerr and Foster. The planning department narrowed the firms
to Laventhol, Horwath and Public Financial Systems and a
recommendation was not made that Laventhol and Horwath be engaged.
Member McCrea indicated that L & H had the best credentials but
explained that there may be potential conflicts and a letter from L
& H explaining its position regarding conflicts was reviewed. The
representative indicated that there had been no business in Eagan in
the past year, that any employee that was involved in any Eagan
project for development in the past would not be involved in the
current commercial study and that the firm had been involved in
other cities with private developers and also had done City projects
with no conflict arising.
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McCrea moved, Egan seconded the motion to approve the selection
of the hiring of Laventhol and Horwath to prepare a master retail
commercial study and to assist the Advisory Planning Commission,
Development Commission, and City Council, as they consider the
development of various retail users in the City as a part of present
and future land use planning, according to the guidelines that have
been prepared by the City. All councilmembers voted yes.
CONSULTING ENGINEERING SERVICES
The City Council next considered the hiring of consulting
engineers for the City. Tom Hedges indicated that the City received
proposals from 30 consulting engineering firms that provided a
minimum of one to several of the following engineering services:
Regular services, structural, electrical, architectural,
communications, land surveying, transportation, natural resources
and soils and materials. Seventeen of the 30 who provided SOQ's
requested that the Council consider their firm for regular service.
The Public Works Committee comprised of Mayor Ellison and City
Councilmember Wachter, together with staff members, recommended
consulting engineers for a number of different services, according
to a letter dated March 8, 1988 signed by Tom Colbert, the Public
Works Director.
Mayor Ellison indicated that the procedure will continue the
City Council's attempt to provide for a group of engineering firms
for the City to use for specific and general engineering purposes.
Wachter moved, Gustafson seconded the motion to approve the
recommendations of the Committee, according to the letter dated
March 8, 1988 as follows:
Architectural Services - Bennett, Ringrose, Wolsfeld,
Jarvis, Gardner, Inc.
Communications - John R. DuBois, Ph.D.
Land Surveying - James R. Hill, Inc., and Sunde Land
Surveying, Inc.
Transportation - Bennett, Ringrose, Wolsfeld, Jarvis,
Gardner, Inc., and Short, Elliott, Hendrickson, Inc.
Natural Resources - Orr, Schelen, Mayeron & Associates,
Inc., Dakota County Soil & Water Conservation
District, and Hickok & Associates.
Soil/Materials - Braun Engineering & Testing, Inc.,
Instant Testing Company, and Twin City Testing, Inc.
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March 15, 1988
Retained Services - Orr, Schelen, Mayeron & Associates,
Inc., Bonestroo, Rosene, Anderlik & Associates, Inc.,
and Dakota County Soil & Water Conservation District.
All councilmembers voted in favor.
EAGAN LIONS CLUB - GAMBLING LICENSE
An application of the Eagan Lions Club for pull-tab gambling
license for the Valley Lounge on Highway #13 was brought to the
Council. The Police Department recommended that the investigation
not be necessary because the Lions Club currently has a gambling
license at the Cedarvale Bowl which is intended to retained. Jerry
Marko of the Lions Club was present and stated that the intent was
to replace the Multiple Sclerosis license at the Valley Lounge and
it was understood that the lease for the Multiple Sclerosis
Foundation would be terminated.
Mr. Marko indicated that $19,770.00 was earned by the Lions Club
gambling operation in the first year, with $7,200.00 donated,
including $6,100.00 to City oriented activities. The balance is in
an escrow fund, intended to be used for City park facility. There
were no objections.
Wachter moved, Egan seconded the motion to approve the
application for pull-tab gambling license requested for the Eagan
Lions Club for the Valley Lounge. All members voted yes.
CINNAMON RIDGE 6TH ADDITION - ZACHMAN BROTHERS - WAIVER OF PLAT
An application from Zachman Brothers for waiver of plat to allow
a lot split for the sale of Lots 3 and 5, Block 1, Cinnamon Ridge
6th Addition came to the Council. Mr. Hedges reported on the
application. There being no objection, Egan moved, McCrea seconded
the motion to approve the application for waiver of plat as
requested, with the understanding that the staff will determine
compliance with City requirements. All members voted yes.
R-88.12
BLACKHAWK GLEN - SPECIAL PERMIT
An application of Lundgren Brothers for temporary off-site sign
to be located at the intersection of Federal Drive and Yankee Doodle
Road came next to the Council. Dale Runkle described the
application and he indicated that it met the current City policy. A
representative of Lundgren Brothers was present and stated that 60%
of its sales were the result of signs and it is important to receive
the permit. There were no objections. Egan moved, Gustafson
seconded the motion to approve the application, subject to
compliance with the sign ordinance, ordinance amendments and
regulations. All voted yea.
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March 15, 1988
MAGNUM TOWING - CONDITIONAL USE PERMIT REVIEW
The request of Kevin Mellon of Magnum Towing, 4861 Biscayne
Avenue, for review of extension of conditional use permit, was
considered by the Councilmembers. The City Council at its February
16, 1988 meeting entertained the request of Mr. Mellon and staff,
according to Mr. Runkle, recommended a two year limit be placed on
the permit to allow the Council to review the application at that
time. Kevin Mellon was present and opposed the two years because of
the threat that it placed upon him, that his business be phased out.
It was noted that the Comprehensive Guide provides for residential
use of the property and also one complaint had been registered
against the user.
Egan moved, McCrea seconded the motion to approve the
application, subject to the following conditions:
1. The permit shall allow storage of vehicles only.
2. The permit shall be limited to two years from the date of
approval at which time it will be reviewed for extension and the
permit may be canceled at the sole discretion of the City Council.
3. All applicable City Ordinances and City requirements shall
be adhered to.
All voted yes.
Mr. Mellon also asked about the conditional use permit for
storage of vehicles outside of the Cedarvale Auto and staff
indicated they had not reviewed the issue as yet. Upon Mr. Mellon's
request, the City Administrator stated that he would review with the
Police Department, the process of soliciting towing firms for the
City.
EAGAN HIGH SCHOOL & DAKOTA MIDDLE SCHOOL - VARIANCE
SITE PLAN & FACILITIES AGREEMENTS
The applications of ISD #196 for variance for CP-3 steel
construction, site plan review of athletic fields and Joint Field
and Tennis Court Utilization Agreements came next to the Council.
The Advisory Planning Commission recommended approval of the site
plan. Tom Hedges briefly backgrounded the City Council concerning
the requests and Tom Wilson, the Eagan High School Principal, was
present. Mr. Runkle reviewed the request for variance for CP-3
steel construction, noting that the City Council had granted a
grading permit and foundation permit to allow the district to
proceed with the High School-Middle School project. Additional
parking was recommended in the northwest corner by the City staff.
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March 15, 1988
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Tom Wilson stated that the issue of security, the grade on the
east side of the site, and the stadium location were generally
resolved. He also indicated that the parking issue was subject to
resolution and that the stadium will be about 2 feet below road
level, but a 10 foot berm with natural evergreens will separate it
and the public street on the east.
Wachter moved, Gustafson seconded the motion to approve the
application for site plan approval. All voted yes.
Egan moved, McCrea seconded the motion to approve the
application for variance for CP-3 steel construction prior to final
building permit, based upon the hardship, including the need to
proceed with the schedule in order to complete the building
according to the proposed time frame. All voted yea.
Gustafson moved, Egan seconded the motion to continue
consideration of the two Joint Powers Agreements at the suggestion
of City Attorney Paul Hauge for the review with the Park Director.
All voted yea.
BLACKHAWK PLAZA - TOM THUMB STORE - CONDITIONAL USE PERMIT
An application of Tom Thumb Stores and Pump and Meter Service
for conditional use permit to allow motor fuel sales in an N.B.
district at the Blackhawk Plaza Shopping Center. The proposed
location of a 4-pump island would be west of the Tom Thumb, along
Blackhawk Road. It was noted the Planning Commission recommended
denial at its February 25, 1988 meeting.
The Ordinance regarding gas pumps in commercial areas also was
requested to be revised by the City Council. Dale Runkle described
the application to the City Council briefly, and noted the proposed
layout does present a circulation problem for the semi-trailer and
fuel tanker. It would be required to back out or exit behind the
complex. He also noted the background of the approval of the
shopping center and that the conditional use permit to allow motor
fuel sales was approved for Lot 5, but that an earlier application
for gas pumps at the Tom Thumb store had been turned down for a
number of reasons, stated both by the Planning Commission and the
City Council.
Mike Eicher of Pump and Meter Service appeared and mentioned
that the staff report is in conflict with neighborhood opinion.
Councilman Egan explained to Mr. Eicher that staff does not make
recommendations.
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March 15, 1988 i
Austin McDevitt of 4165 Blackhawk Road, a neighboring owner,
objected to the application and stated that originally the City
Council approved a gas station site on current lot 5. He did not
think an additional gas pumping facility was needed and in addition,
it could decrease property values in the neighborhood. He mentioned
that an overall plan should be submitted before construction begins
and that the 10,000 square feet of the shopping center perhaps has
not been occupied. He noted the 20 foot setback requirement of the
or3inance and that no advertising sign is permitted within 200 feet
of a residential area.
John Wills of Kathryn Circle objected, based upon the lack of
sufficient turning radius for trucks and that parking is provided at
the rear and there would be an obstruction for trucks. He further
recommended the Council not authorize an increase in the size of the
Blackhawk Plaza shopping center project.
Mario Rocelas, also a neighboring owner, appeared and further
objected, stating that the project would not be compatible with the
surrounding area. It would set a precedent for future site
development abuse, according to Mr. Rocelas. Safety problems would
be created by the gas pumps and children walking through the gas
pump area would also create safety problems.
Councilman Egan stated that more safety issues have been brought
up this time than the prior application at the Tom Thumb site.
Councilman Gustafson stated that the Philips 66 site on Lot 5 is a
more appropriate location and safety from explosion is not a factor
but it is the wrong location and the proposal is too close to the
residential homes.
Egan moved, Gustafson seconded the motion to deny the
application based upon reasons stated above and the following:
1. The proposal had been previously denied for a number of
reasons at this location while gas pumps had already been allowed on
the southerly portion of this small site, away from the residential
properties and adjacent to a major street.
2. There appear to be several safety issues, including
hazardous materials so near residential homes, additional traffic
crossing a proposed bike trail and pathway, and potential for
accidents in a very tight area for vehicles and pedestrial traffic
for the store.
3. The turning radius appear to be inadequate for larger
vehicles, trailers, and semi-deliveries.
4. There was a lack of stacking area, should this become a busy
site.
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March 15, 1988
5. It already appears that a major part of the berm adjacent to
Blackhawk Road would be lost to the bike trail creating additional
impact on the residential homes directly across the street.
6. There appear to be better locations within the development
for this type of use.
7. The appearance would be a serious detraction to the existing
residential homes.
8. Even downward lighting would have an impact on the
residential homes so closely adjacent to this proposal.
9. The proposal would increase the size of the Blackhawk Plaza
development to the detriment of the neighboring property owners.
10. The value of the neighboring property owners could be
adversely affected by the installation of gas pumps in that
location.
All councilmembers voted affirmatively.
PRETTYMAN HEIGHTS ADDITION - PRELIMINARY PLAT
The application of Don Prettyman for preliminary plat approval
of Prettyman Heights located north of Lone Oak Road in the Treffle
Acres area in Section 4 came to the Council for its consideration.
It was noted that the Advisory Planning Commission recommended
approval of the application, including variance in length of cul-de-
sac. 25 lots were proposed on 11.46 acres and a variance would be
for cul-de-sac in excess of 500 feet.
Dale Runkle explained that the City Council approved a waiver of
plat for the approximately 10 acre unplatted parcel owned by Fred
DeLosh to the north. He reviewed the proposed road easement
extending to the north through the DeLosh property and the fact that
Mr. DeLosh had been granted the easement. Two access locations were
possible from Skyline Road to the east, or the northwest on Sibley
Hills Drive.
Don Prettyman was present and stated that the main reason for
the development was that water and sewer generally surrounds the
area but could not be brought in until the property is platted. His
lot is too big and there is no sewer and water in order to
effectively sell his home.
Joe Heller of 1475 Skyline Road appeared and requested that the
police and fire departments should review the proposal because of
safety issues, and he also objected to the proposed assessments for
Skyline Road.
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March 15, 1988
Howard Carlson of Auge Road objected to the proposal, as did
Elaine Grear of 1420 Sklyline. She stated she has a family day care
center and was concerned about safety and also objected to potential
assessments for the upgrading of the street.
Don Vimr, a neighboring owner, suggested the developer pay the
upgrading cost of Skyline Road and if platted, he recommended that
Skyline Road be cut off from traffic from Prettyman Heights.
Mr. Colbert explained it would not be effective to physically
cut off Skyline Road and discussed alternate access to Sibley Hills
Drive, but noted that fire access may be a problem if access is from
the west only.
Councilman Wachter stressed that the area had been reviewed for
development many times and had not effectively been subdivided.
Rose Vimr would like to maintain the property in the present
state and Larry Whitney of 1450 Skyline Road opposed the project and
asked that Skyline Road not be changed.
Mr. Gustafson was concerned about access but stated owners have
a right to develop their property.
Mayor Ellison stated the property is comp guided D-I and the
neighbors should have known it would be developed at some time and
that single family is the most desirable use. Further, he stated
the costs would become much greater in the future. Mr. Prettyman
stated that he would accept a gravel road for Skyline if necessary.
Egan moved, McCrea seconded the motion to approve the variance
for cul-de-sac in excess of 500 feet and the application for
preliminary plat, subject to the following conditions:
1. This development shall accept its additional assessment
obligations as defined in the staff's report in accordance with the
final plat dimensions and the rates in effect at the time of final
plat approval.
2. This development shall dedicate 10 foot drainage and utility
easements centered over all common lot lines and adjacent to private
property or public right-of-way.
3. This development shall dedicate, provide, or financially
guarantee its proportionate share of the acquisition costs of
additional drainage, ponding, and utility easements as required by
the alignment, depth, and storage capacity of all required public
utilities and streets located beyond the boundaries of this plat or
outside of dedicated public right-of-way as necessary to service
this development.
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Council Minutes
March 15, 1988
4. This development shall dedicate all public right-of-way and
temporary slope easements for ultimate development of adjacent
roadways as required by the appropriate jurisdictional agency.
5. All public streets and utilities necessary to provide
service to this development shall be designed by a registered
professional engineer in accordance with City codes and engineering
standards and policies, and approved by staff prior to final plat
approval.
6. 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.
7. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in accordance
with City engineering standards.
8. All internal public and private streets shall be constructed
within the required right-of-way in accordance with City design
standards.
9. If any public improvements are to be installed under a City
contract, the appropriate project must be approved by Council action
prior to final plat approval.
10. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame required by the
affected agency.
11. The proposed temporary diversion berm shall be required to
be a permanent drainage diversion berm.
12. Storm sewer shall be required to intercept the back yard
drainage in the area of Lots 5-11 located between Skyline Court and
Skyline Trail.
13. A 14.5 cfs storm sewer shall be required to the easterly
adjacent property from the proposed storm sewer in Skyline Path.
14. The proposed sanitary sewer shall be revised to provide
adequate depth to service adjacent properties.
15. Looping of the water main system shall be required.
16. Improved public access, proper right-of-way width and
roadway construction, from Sibley Hills Drive will be required to
serve this development.
17. The two existing homes will have their addresses changed
with the final plat.
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March 15, 1988
18. Lot 3 along the southern cul-de-sac shall be 50 feet wide
at the right-of-way line along the public street or the lot shall be
eliminated.
19. Sibley Hills Road shall be upgraded with the understanding
that Skyline Road will be upgraded at some time in the future.
20. There be a provision for looping through the John Klein
property to the south, at some time in the future.
All councilmembers voted positively.
See Plat File
RAHN RIDGE 2ND ADDITION - COMPREHENSIVE GUIDE PLAN AMENDMENT
PD (ZONING) AND PRELIMINARY PLAT
The application of Rahn Ridge Associates for Comprehensive Guide
Amendment, PD rezoning from LB to R-3 and preliminary plat providing
for 28 townhouse units on 3.43 acres located west of Rahn Road and
south of Rahn Way was brought to the Council. At the request of the
applicant through Hedlund Engineering, Egan moved, McCrea seconded
the motion to approve the request to remove the application from the
City Council agenda. All voted yes.
SOLID WASTE ABATEMENT RESOLUTION
Mr. Hedges indicated that the Solid Waste Abatement Commission
has proposed two alternates for satisfying the Minnesota Solid Waste
Abatement mandate including the following: (1) Mass burn and (2)
refuse derived fuel. The County has studied the two alternatives
and is committed to mass burn. The Commission has generally
concluded with the County's findings and recommended that the City
not pursue an exception or exclusion from the Dakota County
designated plan, and therefore submitted a Resolution entitled
"Concerning City Compliance with Dakota County Solid Waste
Designation Plan".
Wachter moved, Egan seconded the motion to approve the
Resolution as submitted and recommended by the Solid Waste Abatement
Committee. All members voted yes. R-88.13
OPT OUT TRANSIT STUDY AGREEMENT
A proposed Joint Powers Agreement Resolution for an opt out
transit study including the cities of Apple Valley, Burnsville,
Eagan, Prior Lake, Rosemount and Savage, came to the Council. The
purpose of the study was to assess the area needs assessment for.the
six cities, and Mr. Hedges indicated that Eagan is acting as the
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Council Minutes
March 15, 1988
catalyst in the project and recommended approval of the assessment
needs study. Funding could come from the RTB or from Community
Block Grant funds. Egan moved, Gustafson seconded the motion to
approve the Resolution and the Joint Powers Agreement and to
participate in and authorize the transit opt out study. All members
voted yea. R-88.14
CLIFF LAKE CENTER ADDITION - PROJECT #529 - FEASIBILITY REPORT
The proposed feasibility study for Cliff Lake Center under
Project #529 dated March 1, 1988 was submitted to the City Council
for its informal review and discussion. Tom Colbert described the
application briefly and Dan Boxrud and Glen VanWarmer of Short,
Elliott & Hendrickson were present. Mr. Boxrud stated that certain
changes are expected and detailed the proposal indicating
approximately $2.2 million project. There was discussion about
storm sewer outlet to the northwesterly pond and also the street
improvements. Walkways were defined and it was noted that the Rahn
Road location is not finally determined. The median cannot be built
if Rahn Road remains state aid, and there would be a $61,000.00 loss
if state aid was not provided.
The improvements on Rahn Road, south of Cliff Road, would
include a median for about 200 feet for channelization. Assessments
were discussed and the net financial impact on the City would
constitute a positive cash flow. Future major County Road
improvements also will be required.
Bill McHale of Ryan Construction was present and proposed some
proportionate cost sharing of future improvements.
At this time, Tom Hedges indicated that he did not have any
cassettes and was unable to locate additional cassettes for taping
the City Council meeting.
Glen VanWarmer discussed Rahn Road alternates and explained the
advantages of eliminating the median. It was noted that the
proposed Rahn Road intersection to the north, would keep traffic
away from the park, and also would allow the residential area free
access to Rahn Road if there is no median. The general consensus of
the Council was to leave the median out.
Egan moved, McCrea seconded the motion to generally approve the
draft feasibility report. All voted yes.
FIRE STATION NO. 4 - CONTRACT #87-39
Change Order No. 2 to Contract #87-39 consisting of Fire Station
No. 4 was recommended to be approved. Egan moved, Gustafson
seconded the motion to approve Change Order No. 2 as recommended.
All voted yes.
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March 15, 1988
WESCOTT & NORTHVIEW PARK ROADS - CONTRACT #88-3
Upon motion by Egan, seconded McCrea, it was resolved that
Contract #88-3 plans and specifications be approved and that the
Clerk be authorized to advertise for bid opening for 10:30 a.m. on
Thursday, April 14, 1988 at the Eagan Municipal Center. All voted
in favor.
BRIAR OAKS OF APPLE VALLEY - TRUNK SANITARY - CONTRACT #88-14
The plans for Contract #88-14 have been completed and it was
recommended they be approved. Upon motion by Gustafson, seconded
Egan, it was resolved that the plans and specifications for Briar
Oaks of Apple Valley trunk sanitary and storm sewer Contract #88-14
be approved and that the Clerk be authorized to advertise for bids
in the Dakota County Tribune to be opened at 10:45 a.m. on Thursday,
April 14, 1988 at City Hall. All voted yea.
FIRE STATION NO. 5 - CONTRACT #88-1
The architectural agreement with Arthur Dickey & Associates
under Contract #88-1 covering Fire Station No. 5 was submitted.
Wachter moved, Egan seconded the motion to approve the architectural
agreement with Arthur Dickey & Associates, Inc. and authorize the
Mayor and Clerk to execute the related documents. All voted
affirmatively.
SPERRY CONSOLIDATION FACILITY - CONTRACT #86-17
Change Order No. 1 to Contract #86-17 consisting of utility
improvements for the Sperry Consolidation Facility were recommended
to be approved, resulting in a net addition of $23,155.76. Mr.
Colbert noted that Unisys had requested the change order. Egan
moved, McCrea seconded the motion to approve the Change Order as
recommended. All voted yes.
PILOT KNOB ROAD - PROJECT #466 & CLIFF ROAD - PROJECT #510
The plans for County Contract #31-21 and #32-14 including Eagan
Projects #466 covering Pilot Knob Road and #510 for Cliff Road, were
brought to the City Council for its review and consideration. Tom
Colbert initiated the discussion and introduced County Highway
Engineer Dave Everds and Traffic Engineer Pete Sorenson. The eight
million dollar improvement project plus Cliff Road improvements
bringing the entire project above $9 million with approximately $4.4
million City contribution, was reviewed in some detail. Mr. Everds
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Council Minutes
March 15, 1988 ':emu
stated the plans have been complete and state aid has been approved
with construction expected before May 10. He noted that either
Cliff or Diffley Roads would be open at all times. The project
completion is about 140 days indicating it would not be completed in
1988 but there is a bonus if the project is completed by October 31,
1988. The total right-of-way acquisition was understood to be about
$900,000.00.
Doris Wilkins, a resident south of Diffley on Pilot Knob Road
appeared and had concerns about the right-in, right-out only
provided from her driveway and noted that others were concerned
about the openings near their property. The plans for access to her
property at 4225 Pilot Knob Road had been changed and it was noted
that the Wilkins property originally had a break in the median was
provided whereas now the median had been blocked. Mr. Everds noted
that two left turn lanes northerly on Pilot Knob Road are now being
proposed and stated that safety and extra turning lanes are the
important issues.
Councilman Egan explained that on Pilot Knob Road to the north,
there were no locations where there are two left turn lanes and also
that Diffley Road has low traffic rating among County Roads. Mr.
Everds explained, however, that by 1991 there would be backups at
Yankee Doodle Road and that there should be double lane left turns
at that location also. He noted that the Easter Lutheran Church
entrance would be required to be closed if the median break was
provided. Both the County Board and the County staff proposed the
median break and he also explained that a tight schedule was very
critical to the City and the County.
Mayor Ellison favored the median break but would honor the
traffic engineer's recommendation. After extensive discussion, Egan
moved, McCrea seconded the motion to approve the plans for County
Contract #31-21 and #32-14 (Eagan Projects #366 and #510) and
authorize the advertisement for bid opening to be held at 10:30 a.m.
on April 22, 1988 at the City Hall with the understanding that the
County and City staffs work together closely to attempt to work out
a safe median break at 4225 Pilot Knob Road, but in the event that
it is determined that such a median break would be unsafe, that it
could be eliminated. Councilman Wachter stated that he was opposed
to a median break and was excused from the meeting at 2:10 a.m. All
four remaining councilmembers voted in favor.
PILOT KNOB ROAD - CLIFF ROAD - PROJECT #466 & #510 - EXTENDED HOURS
A request was made by both City and County Engineering
Departments for extension of the normal working hours to include
6:00 a.m. to 8:00 p.m. beyond the 7:00 a.m. to 7:00 p.m. normal road
construction hours, because of the very tight schedule to complete
the improvements. Egan moved, McCrea seconded the motion to approve
the variance in City Code regarding restrictive hours to allow 6:00
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Council Minutes
March 15, 1988
a.m. to 8:00 p.m. for the two above projects, with the
understanding, however, that if objections do arise, that the City
would then review the variance. All voted yea.
WELL # 10 - PUMPHOUSE - CONTRACT #88-4
The bids for Contract #88-4 consisting of the Pumphouse for Well
#10 have been received and it was recommended that the contract be
awarded to the low bidder. Egan moved, McCrea seconded the motion
to receive the bids and award the contract to A & K Construction,
Inc. in the total amount of $145,900.00. All voted yea.
DAKOTA COUNTY ROUTED & ORGANIZED COLLECTION SUBCOMMITTEE
It was recommended that Thom Yehle be appointed to the Dakota
County Routed and Organized Collection SubCommittee. Upon motion by
Gustafson, seconded McCrea, it was resolved that the recommendation
be approved. All voted yes.
SPECIAL COUNCIL MEETING DATES
Egan moved, McCrea seconded the motion to approve special
council meetings on the following dates: March 24, 1988 at 7:00
p.m. for strategic planning management/management by objective
workshop; April 12 and 13, 1988 to interview Legal Consultant
bidders each meeting at 7:00 p.m. All councilmembers voted in
favor.
SALT STORAGE BUILDING PLANS
Upon motion by Egan, seconded Gustafson, it was resolved that
the plans and specifications for the salt storage building be
approved and that the Clerk be authorized to advertise for bids to
be opened at 10:00 a.m. on April 1, 1988 at the Eagan Municipal
Center. All voted yea.
CUB & TARGET STORE - EXTERIOR SELECTIONS
Bill McHale of Ryan Construction was in attendance and presented
selections for the exterior for the Cub and Target stores. There
was no action taken.
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Council Minutes
March 15, 1988
CHECKLIST
Upon motion by Gustafson, seconded Egan, it was resolved that
the following checklists be approved: Dated February 29, 1988 in
the amount of $482,910.12; dated March 14, 1988 in the amount of
$226,050.34; and checklist dated March 15, 1988 in the amount of
$521,567.44. All voted in favor.
EXECUTIVE SESSION
Mayor Ellison announced that an Executive Session of the City
Council would be held in the City Administrator's office to discuss
the procedure regarding the proposal for settlement of the Bieter
vs. City of Eagan lawsuit, immediately following this meeting.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
2:20 a.m. All voted yea.
PHH
ISO. ai
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Ci e r k
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