09/13/1990 - City Council Special (2)}, n q?
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MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
September 13, 1990
A special meeting of the Eagan City Council was held on Thursday, September 13, 1990
at 5:30 p.m. in the lunchroom of the Municipal Center building. Those present were Mayor Egan, City
Councilmembers McCrea, Pawlenty and Gustafson, who arrived at approximately 7:00 p.m. City
Councilmember Wachter was absent, but did participate by use of a telephone conference call in the
executive session to discuss the police arbitration matter. Also present was City Administrator Hedges.
COMPREHENSIVE STORM WATER MANAGEMENT PLAN PRESENTATION
City Administrator Hedges stated that the updated 1990 Comprehensive Storm Water
Management Plan was previously distributed to each City Councilmember for review. The purpose of
the meeting was to better understand the objectives, policies and design criteria that comprise the
City's storm sewer system. Present from the firm Bonestroo, Rosene & Anderlik were Jerry Borden,
Mark Hanson and Ismael Martinez. Also present was Director of Public Works Colbert and Assistant
City Engineer Mike Foertsch. Ismael Martinez provided a detailed presentation emphasizing why storm
sewers are designed for serving severe storms in addition to a number of concepts that relate to the
present storm sewer system. City Councilmembers asked a number of questions relative to design and,
more specifically, why certain areas of the City experience greater storm water problems during these
peak rainfalls. Following the discussion, there were questions as to why most of the storm water design
problems have occurred in the subdivisions where infrastructures were constructed privately and asked
the Director of Public Works to prepare a list of issues that relate to the installation of utilities and
streets both publicly and privately.
After further discussion, it was determined that it would be in the City's best interest to
proceed with consideration of formal adoption of this Comprehensive Storm Water Management Plan
at the September 18 City Council meeting so that its policies and criteria can be implemented as soon
as possible.
ADJOURNMENT
There being no further business, the meeting was adjourned at approximately 9:00 p.m.
TLH
September 13, 1990 Ulf
Dated City Clerk
004 24
bIINUTIES OF A REGULAR I LING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
September 1& 1990
A regular meeting of the Eagan City Council was held on Tuesday, September 18, 1990, at the
Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges recommended the following changes to the agenda:
Item I., Consent Agenda, Contract 90-14, Receive Plans/Authorize Advertisement for Bids (Stafford
Place Drainage Improvements) remove from Consent Agenda for discussion.
Item U, Consent Agenda, Final Plat, Galaxie Cliff Plaza 2nd Addition, request to continue to
October 2, 1990, regular City Council meeting.
Item V, Public Hearings, Project 546, Final Assessment Hearing (Cedarvale Boulevard - Streets),
request to continue to October 2, 1990 regular City Council meeting.
Item A, Old Business, Contract 90-10, Receive Bids/Award Contract (Galaxie Cliff Plaza 2nd -
Streets & Utilities), after a brief discussion about the road access issue, this item is intended to be
continued to the October 2, 1990 regular City Council meeting.
Item E, Old Business, Carlson Lake Park Improvements, request to continue to the October 2, 1990
regular City Council meeting.
Wachter moved, McCrea seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
I [71
Pawlenty moved, Gustafson seconded a motion to approve the minutes for the September 4, 1990,
regular City Council meeting with the following exceptions:
Page 1, Department Head Business, Public Works/Contract 90-10: the motion should be changed
to read, "Gustafson moved, Wachter seconded a motion to receive the bids for Contract 90-10 (Galaxie Cliff
Plaza 2nd Addition - Streets & Utilities) and continue the contract award to the September 18, 1990 regular
City Council meeting." Aye: 5 Nay: 0
Page 6, Environmental Cities Coalition, third paragraph, the date September 29 should be changed
to September 20.
Page 14, Woodlands North Addition, before the motion to approve the preliminary plat, insert the
following paragraph:
"Before making a motion to approve the preliminary plat, Councilmember Gustafson said his motion
was subject to an additional condition regarding the width of Street A and that the reduced street width
was recommended for the following reasons: 1) because of the circular road configuration, a case could be
made that half of all vehicle traffic would go one way and half the other, 2) because these are townhomes,
they statistically average 6 or 7 vehicle trips per day versus 10 in single family, and 3) because of a five year
PAGE 2/EAGAN CITY COUNCIL MINUTES
September 18, 1990
observable history for a similar development in Eagan substantiating the lower occupancy and fewer trip
generations.'
Aye: 5 Nay: 0
i'',S«S
P-W
BEVERLY MILLER INTRODUCTION
City Administrator Hedges introduced the new Executor Director for the Minnesota Valley Transit
Authority, Beverly Miller. Ms. Miller said that she had her first meeting with the MVTA Board on
Wednesday, September 12. She said service is intended to begin January 1, 1991, with MVTA becoming
the third largest system in Minnesota, behind Minneapolis and Duluth. She said it is part of their plan to
provide service between cities, midday service and an expanded level of express service.
Councilmember McCrea asked Ms. Miller how they intended to do a needs assessment and whether
it would be by survey or by asking certain groups. Ms. Miller said they would first look at the service that
was provided, where it falls short, what additional services are needed, and if service was available, would
it meet the residents' needs.
The Mayor said the Board was looking forward to studying those prospects and said they are
fortunate to have Ms. Miller, an Eagan resident, as the Executive Director.
PUBLIC WORKS COMMITTEE RECOMMENDATION/GIBRALTAR TRAIL,
After introduction by Mayor Egan, the City Administrator said the Public Works Committee,
consisting of City Councilmembers Gustafson and Wachter, along with City staff and representatives from
the consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates (BRAA) met with Mr. &
Mrs John Screeden and their neighbors, Mr. & Mrs. Jim Adams, on September 7 to review overland
drainage problems on Gibraltar Trail. He said it was the recommendation of the Public Works Committee
that the City Council authorize BRAA to do an additional study regarding the diversion of storm water to
the southwest toward Patrick Egan Park.
Councilmember Gustafson said that in their meeting they recommended the engineering firm look
at all possible alternatives. Among items considered but not acted on were buying the homes and the
addition of retention ponds. Mayor Egan noted that the recommendation is for a study and not necessarily
adoption of the study.
Councilmember Pawlenty said it would be helpful if staff would provide a chronology regarding the
past history of improvements in this area.
Wachter moved, Gustafson seconded a motion to accept the recommendation of the Public Works
Committee and authorize the firm of Bonestroo, Rosene, Anderlik & Associates to perform an additional
study to consider storm water improvements to minimize the impact of overland drainage to properties
on Gibraltar Trail. Aye: 5 Nay: 0
PTA 1sGEND
Before taking action on the Consent Agenda, Councilmember Wachter asked about Item I and
whether the funding for the Law Enforcement Television Network was a budgeted item. City Administrator
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PAGE 3/EAGAN CITY COUNCIL MINUTES
September 18, 1990
Hedges said that it wasn't, but it was their intent to use retained franchise fees for this funding. He said
this was the practice in the Cities of Burnsville and Apple Valley. Mr. Hedges said the use of retained
franchise fees versus the general fund would be a future public policy issue. Councilmember Wachter asked
whether Law Enforcement Television Network costs would ever become a general fund expenditure. City
Administrator Hedges said only if the Council decided not to use retained franchise fees.
Councilmember McCrea then questioned Item J, Change Order #1, Improvement Contract 89-17,
Northview Parking Lot Improvement. Councilmember McCrea said that this appeared to be an after the
fact request for authorization. She said it appeared that the work had already been authorized and
approved by staff.
Director of Parks and Recreation Ken Vraa said soil borings were taken in the area in 1987 prior
to the start of construction. He said these soil borings were taken with the thought it would give a greater
indication of what type of soils contractors would run into. Mr. Vraa said even with the installation of
utilities, no poor soil was encountered. It wasn't until construction began on the curb work and the parking
area that poor soils were discovered. He said staff asked the contractor to remove what had been done to
do further testing. The high costs were incurred when the amount of poor soil turned out to be much
greater than anticipated. The Director of Parks and Recreation said had they left this substandard, it would
have resulted in damage to the curb and/or parking lot in the future. He apologized for the change order
but said it would have been difficult to anticipate.
Councilmember McCrea said she appreciated the explanation, however, did not feel it addressed the
question. She said her concerns were regarding the authorization to spend $55,000 without notifying the
City Council. She said she had concerns about what could be approved administratively and what should
be brought to the Council. She asked why this could not have received prior approval from the Council.
City Administrator Hedges said with the amount of construction that has occurred in the City, there
were bound to be change orders and many were processed during this heavy construction period. During
that time he said, the City Council entrusted staff and the consultants to make these decisions and business
was conducted with that understanding. The City Administrator asked the Council if they wished to change
this policy and whether a new public policy should be developed setting a maximum percentage or dollar
amount that could be approved administratively by staff. Mr. Hedges said one concern he had was in regard
to those change orders that occur right after a City Council meeting. Staff receives pressure to keep
projects moving. In addition, costs could be incurred if construction is held up for an additional two weeks
to bring the matter before the Council.
Councilmember McCrea asked if the amount of the change order was in the budget. She said the
money had to come from somewhere and if additional costs are incurred in one park, perhaps the money
should be taken from another. The Councilmember said perhaps she was the only one with a concern
about the change orders. Mayor Egan said he agreed and thought it was appropriate to spend some time
at a workshop discussing a new public policy.
Councilmember Gustafson said he also questioned this change order but more regarding the amount
than the policy. He said he thought the system worked well and this was handled well; however, he did
question the dollar amount.
A. Personnel Items
1. It was recommended that the hiring of Rich Brasch as Water Resources Coordinator be
approved subject to successful completion of the City's physical examination requirement.
PAGE 4/EAGAN CITY COUNCIL MINUTES
September 18, 1990
2. It was recommended that the hiring of Andrew Halverson, Melinda Kaltenhauser, Christopher
Kottke, Timothy Spencer and Dave Wills as Seasonal Parks Maintenance Workers be ratified.
B. Plumbers Licenses
It was recommended that Plumbers Licenses for: 1) A J Plumbing, 2) B J & M Plumbing &
Heating, and 3) Bredahl Plumbing, Inc., be approved.
C. Proclamation. Constitution Week. September 17-23. 1990 R 90.70
It was recommended that the Proclamation concerning Constitution Week, September 17-23, 1990,
be approved.
D. Declare Excess Property/Fire Department
It was recommended that certain Fire Department property be declared surplus and their
appropriate disposition authorized.
E. 1990 Comprehensive Storm Water Management Plan
It was recommended that the 1990 Comprehensive Storm Water Management Plan be approved.
F. Project 590, Approve Plans & Design/Construction/Cost Participation Agreement with Dakota
County (Pilot Knob Road - Rebecca Lane to Apple Valleyl
It was recommended that the plans and design/construction/oost participation agreement with Dakota
County for Project 590 (Pilot Knob Road - Rebecca Lane to Apple Valley) be approved and the Mayor and
City Clerk authorized to execute all related documents.
G. Project 590, Resolution Restricting On-Street Parking (Pilot Knob Road - Rebecca Lane to R 90.71
Apple Valley Corporate Limits
It was recommended that a resolution restricting on-street parking (Pilot Knob Road - Rebecca
Lane to Apple Valley corporate limits) be approved and the Mayor and City Clerk authorized to execute
all related documents.
H. Contract 90-12, Receive Plans/Authorize Advertisement for Bids (Elrene & Trails End Road -
Streets & Utilities)
It was recommended that the plans for Contract 90-12 (Elrene & Trails End Road - Streets &
Utilities) be received and that advertisement be authorized for a bid opening to be held at 10:00 a.m.,
Friday, October 12, 1990.
1. Request for Funding from Cable Retained Franchise Fees/Law Enforcement Television Network
It was recommended that the request for funding of the Law Enforcement Television Network from
the City's retained cable franchise fees be approved.
PAGE 5/EAGAN CITY COUNCIL MINUTES
September 18, 1990
J. Change Order fl. Improvement Contract 89-17, Northview Parking Lot Improvement
It was recommended that Change Order #1 for Improvement Contract 89-17, Northview Park
parking lot improvements be approved.
K Extension. Preliminary Plat Approval for Thomas 0. Slater
It was recommended that the request for an extension of preliminary plat for Thomas 0. Slater be
approved.
L. Contract 90-14, Received Plans/Authorize Advertisement for Bids (Stafford Place Drainage
Improvements
It was recommended that Contract 90-14 (Stafford Place Drainage Improvements) be removed from
the Consent Agenda and discussed later on the agenda.
M. Contract 90-16, Receive Plans/Authorize Advertisement for Bids (Woodlands North - Streets
& Utilities)
It was recommended that the plans for Contract 90-16 (Woodlands North - Streets & Utilities) be
approved and the advertisement for a bid opening to be held at 11:00 a.m. on Friday, October 12, 1990.
N. Contract 88-14, Acknowledge Completion/Authorize Final Payment (Briar Oaks Trunk Utilities)
It was recommended that completion be acknowledged and the fifth and final payment for Contract
88-14 (Briar Oaks - Trunk Utilities) be approved in the amount of $6,850 to Fredrickson
Excavation Company.
0. Contract 88-ZZ. Acknowledge Completion/Accept for City Maintenance Responsibilities
(Blackhawk Ridge 2nd Addition - Streets & Utilities)
It was recommended that completion of Contract 88-ZZ, Blackhawk Ridge 2nd Addition - Streets
& Utilities, be acknowledged and responsibility for the perpetual maintenance be accepted by the City
subject to the appropriate warranty provisions identified in the development agreement for the project.
P. Contract 88-00, Acknowledge Completion/Accept for City Maintenance Responsibilities (Stoney
Pointe 2nd Addition - Streets & Utilities)
It was recommended that completion of Contract 88-00, Stoney Pointe 2nd Addition - Streets &
Utilities, be acknowledged and responsibility for the perpetual maintenance be accepted by the City subject
to the appropriate warranty provisions identified in the development agreement for the project.
Q. Application, 1991 Dakota County Solid Waste Abatement Funding
It was recommended that the City's application for the 1991 Dakota County Solid Waste Abatement
Funding Program be approved.
R. Final Plat. Thomas P. Slater R 90.72
It was recommended that the final plat for Thomas P. Slater be approved.
0(s2 29
PAGE 6/EAGAN CITY COUNCIL MINUTES
September 18, 1990
S. Final Plat. Park Center R 90. 73
It was recommended that the final plat for Park Center be approved.
T. Final Plat. Hills of Stonebridge 3rd R 90.74
It was recommended that the final plat for Hills of Stonebridge 3rd be approved.
U. Final Plat, Galaxie Cliff Plaza 2nd Addition
It was recommended that the final plat for Galaxie Cliff Plaza 2nd Addition be continued to the
October 2, 1990, regular City Council meeting.
V. Amendment to Streetlightin¢/Landscaping Agreement (Lone Oak Addition - The Waters)
It was recommended that the streetlighting/landscaping agreement amendment for The Waters
development within the Lone Oak Addition be approved and the Mayor and City Clerk authorized to
execute all related documents.
Gustafson moved, Wachter seconded a motion to approve the Consent Agenda with the exceptions
noted in the approval of the agenda. Aye: 5 Nay: 0 (Pawlenty taking exception to Item S, Final Plat,
Park Center. He said in the interest of consistency, he had voted against the Park Center preliminary plat
when he served on the Advisory Planning Commission).
SOUTH METRO DRUG TASK FORF OF POLICE GEAGAN
Chief of Police Geagan took this opportunity to make a brief presentation on the importance of
having joined the South Metro Drug Task Force. The Chief gave the Council an update on recent activities
involving this group in their investigation of cocaine trafficking within the metro area. Chief Geagan said
the State had recommended that the task force be funded for 1991.
CONTRACT 90-14/STAFFORD PLACE DRAINAGE IMPROVEMENTS
Director of Public Works Colbert gave an update on Stafford Place. He said during the design
phase of the detail plans and specifications, Staff and the consulting engineers found what they considered
to be a better alternative. Mr. Colbert said that these changes would result in slightly increased costs.
He said that when improvements to the low point in Northview Park Road were deleted from this project,
it was intended that a certain amount of overland drainage would have to be accommodated. The Director
of Public Works said they had tried to work out a grading plan that would satisfactorily mitigate the
excessive overland drainage to one particular lot north of Northview Park Road on Trotters Ridge but were
unable to do so. The soccer fields at Eagan High School would also be more severely affected than the
school district said they could live with.
Director of Public Works Colbert said it was determined to separate the major drainage area and
direct a portion of the overland drainage to a ponding area north of Northview Park Road. In addition,
since part of the original proposal will not be used in the revised plan, the increased costs with this
alternate would only increase the original estimate by S15,000 for a total of $147,000. Mr. Colbert said he
has reviewed the changes with School District #196, the property owner and the developer and all concur
with the changes.
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PAGE 7/EAGAN CITY COUNCIL MINUTES
September 18, 1990
Mayor Egan asked if the City could expect any payment from the School District. Director of
Public Works Colbert said they will make an attempt but he is not confident.
Mr. John Glynn said with the construction going out for bids, Frontier has refused to do what they
agreed to do as to sod and dealing with the erosion damage. Mr. Glynn said Frontier does not want to
do anything until the improvements have been installed. Mr. Glynn said the residents are concerned that
nothing will be done before winter. Mr. Colbert said he would be meeting with Scott Oaks and Scott
Tiegen of Frontier and he would do what he could to encourage the sodding and erosion damage
corrections.
Wachter moved, Pawlenty seconded, a motion to receive the plans for Contract 90-14, Stafford Place
Drainage Improvements, and authorize the advertisement for a bid opening to be held at 10:30 a.m. on
Friday, October 12, 1990. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARINGGTON WAY
After brief introductory remarks by the Mayor and City Administrator, the Director of Public
Works explained the project. He said that the final costs were less than those originally estimated.
Mr. David Vogt, 4115 Lexington Way, said he objected to the assessment because it was based on
front footage. He asked how the City had arrived at the amount of assessments. Mr. Colbert said that
each property assessed had to benefit at least by the value of the amount of the assessment and that all
project assessments had to be spread in a like manner. Mr. Vogt said he did not feel he had received
any benefit. He said he had not received utilities and had only received replacement for a street that was
already there. Mayor Egan said that Mr. Vogt's objection would be duly noted.
McCrea moved, Pawlenty seconded a motion to close the public hearing and approve the final
assessment roll for Project 572 (Lexington Way - Streets & Water Main) noting all objections, to authorize
an appraisal of Parcel #10-02200-011-76 (David Vogt), to postpone a portion of the assessments to Parcel
#10-02200-010-77 (Joseph Krisnik) per Policy 86-3, and to authorize its certification to Dakota County.
Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING/HIIdS OF STONEBRIDGE 2ND ADDITION
After introduction by Mayor Egan and brief background provided by City Administrator Hedges,
the Director of Public Work briefly explained this project. He said that two written objections had been
received from John Ayotte and Don Buehler.
Mr. Jim Meyer, 011-59, said since he was not hooking up to the utilities, he objected to paying the
hook up fee. Mayor Egan asked the Director of Public Works if it wasn't normal practice to charge only
at the time of hook-up. The Director of Public Works said that hook-up charges are assessed when the
improvement goes in since that is when the cost is incurred by the City. Mr. Meyer asked if he had to
hook up to the utilities and the Director of Public Works said he would not be required to hook up,
however, the payment would still be due.
Mr. John Ayotte then questioned the amount of assessments on his property versus the property
to his west. He questioned why his assessment was so much higher. Director of Public Works Colbert said
that the other parcel had received a large lot credit in addition to a certain amount of ponding credit. Mr.
PAGE 8/EAGAN CITY COUNCIL MINUTES
September 18, 1990
Colbert said that after deducting the credits, it left Mr. Ayotte with approximately five acres of assessable
area and his neighbor with approximately one acre.
Wachter moved, McCrea seconded a motion to close the public hearing and approve the final
assessment roll for Project 581 (Hills of Stonebridge 2nd Addition - Storm Sewer and Water Main) and
authorize its certification to Dakota County.
Councilmember Gustafson said that perhaps it was time to find alternative ways of funding these
projects. He said some of the assessments against private property had begun to stretch the benefit.
Councilmember Gustafson said perhaps these costs could be spread over the entire population.
City Councilmember Wachter said he was on the City Council when the policy that is in effect now
was adopted. He said it was felt that everyone should pay their fair share. He did not feel it would be fair
to those who had already paid to have to help pay those that are due now. Councilmember Gustafson said
he did not object to the policy but was concerned that if an objection prevailed that the City would have
to pay. Mayor Egan said each project had a feasibility report and that report determined whether the
project is financially feasible and could support the assessments. He said it is at the time of the feasibility
report that Council should look at whether it is financially feasible to assess.
Councilmember Pawlenty then asked City Attorney Sheldon if the City was obligated forever to
show continuing benefits. City Attorney Sheldon said the City was obligated now to show the increased
market value; however, the specific time to challenge the amount of the assessments had a limited time
frame. The property owner is obligated to serve written notice at the public hearing with the reasons for
the objection and then, within thirty days, commence a lawsuit in District Court. In addition, if the
property owner loses this appeal, he is required to pay the costs incurred by the City to defend it in the
lawsuit.
Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING/DANIEL DRIVE
Wachter moved, McCrea seconded a motion to close the public hearing and approve the final
assessment roll for Project 508 (Daniel Drive - Streets and Utilities) and authorize its certification to
Dakota County. Aye: 5 Nay: 0
FINAL ASSESSMENT HEARING/CEDARVALE BOULEVARD
McCrea moved, Gustafson seconded a motion to continue indefinitely the public hearing and final
assessment roll for Project 546 (Cedarvale Boulevard - Street Improvements). Aye: 5 Nay: 0
PROJECT 596R/WOODLANDS NORTH ADDITION
After brief introduction by Mayor Egan and City Administrator Hedges, the Director of Public
Works said that this project was in response to a petition received from the developer of the Woodlands
North Addition. Mr. Colbert said they were recommending that the proposed assessment roll in the
feasibility report be revised. These revisions related to reclassifying some lateral storm sewer as trunk storm
sewer. He said all property owners have been noticed and written objections had been received from
Parcels 011-02 and 014-02.
The public hearing was then opened for public comment. Jeanna Hoveland, representing Parcel
011-02, said she objected to the amount of assessments in regard to the benefits received. She said her
property had received no benefit from the improvement and because their home is 400 feet from the street,
PAGE 9/EAGAN CITY COUNCIL MINUTES
September 18, 1990
it would be impractical to hook up to the utilities. She said they had filed a letter objecting to the
assessment. Ms. Hoveland also added that they have not been receiving notices of any of the meetings
regarding the revised plat. The Hovelands said the developer should bear the entire burden of the
improvements as he had requested them to begin with.
Mayor Egan asked the Director of Public Works if a portion of the assessed properties could be
split off and allowed to pay over a longer period of time. Director of Public Works Colbert said he
couldn't speak for certain, but could recommend that the assessments be spread over fifteen years, if
possible, for existing homeowners.
City Administrator Hedges expressed concern that the Hovelands had not received notice of previous
public meetings. He asked if they had received the original public hearing notice for the preliminary plat
and they said they had. Mr. Hedges said it was up to the homeowners once the original public hearing was
held to track the progress of the development through the newspapers.
In response to Mr. Hoveland's request that Mr. Engstrom, the developer of the Woodlands North
Addition, be required to pay all the assessments, the Mayor said the developer could only be assessed his
share of the assessments. The Mayor added that with these improvements, the property owners are
considered to have the same opportunity to develop their property to the same extent as the developer.
He said he felt sympathy for large lot owners who suddenly found development on their doorsteps. Ms.
Hoveland said she felt the pressure to take similar action to develop their property because of these costs.
McCrea moved, Gustafson seconded a motion to note objections, close the public hearing and
approve Project 596R Woodlands North Addition - Streets & Utilities, with the revision to the pending
assessment roll and a longer repayment period of 15 years to be investigated for Parcels 011-02 and 014-
02 of Wescott Garden lots. Aye: 5 Nay: 0
lD BSII
RECEIVE BIDSIAWARD CONTRACT
(GALAXIE CLIFF PLAZA 2ND ADDITION)
After introduction by Mayor Egan, the City Administrator said that because the final plat had been
continued to October 2, it would preclude any formal action on Contract 90-10. However, he said it is
staffs intention to discuss the access issue to Fire Station #5. Mr. Hedges said that an informational
meeting had been held with the neighbors and who are affected by the design or redesign of the road.
Councilmember Wachter said that he had expressed his opinion before. He said he was not at the
neighborhood meeting, but had spoken to Fire Department members and they would like to see the road
access remain as it is. Councilmember Wachter said he felt this was the safest and cheapest alternative.
It was his recommendation that a modified Alternate B without connection to Plaza Drive be adopted.
In answer to a question by the City Council, Mr. Bill Soules said it was not up to him to dictate
the amount of property the City needed for this use. He said if a driveway were constructed across Outlot
D, it was likely to use the entire parcel.
Councilmember Pawlenty said as a general observation, it sounded as if everyone, including the
neighbors preferred Alternate B. The Councilmember said he would prefer the existing layout without
access to Plaza Drive.
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PAGE 10/EAGAN CITY COUNCIL MINUTES
September 18, 1990
Councilmember McCrea said it was her understanding at the last City Council meeting that staff
was to be encouraged not to put dollars on the line but to trade contemplated assessments, parkland
dedication fees, etc.
Fire Chief Ken Southorn then said that the Fire Department preferred that access to Fire Station
#5 remain as is. He said it was functional and workable and they had had no problems. He said the Fire
Station was originally placed on the lot to accommodate the driveway as it is. Chief Southom said it was
his understanding that Alternate C was preferred by the neighbors, however, it would require more real
estate. He said both Alternate B and C were functional, but Alternate C would require that emergency
vehicles navigate two intersections: the one at Plaza Drive and then at Galaxie Drive. He said while both
alternatives could work, the Fire Department preferred the present configuration.
Mayor Egan then asked City Attorney Sheldon if the developer had been deprived of the most
appropriate use of the land, whether it would constitute a "taking." City Attorney Sheldon said that it was
his understanding that alignment for Plaza Drive was a preliminary plat alignment. He said the drive in
and of itself would not be a taking. He went on to say that at the time of the preliminary plat, it was
presumed that Outlot D, with the consent of the developer, was an existing, buildable lot and there were
uses that could go on the lot. Mr. Sheldon said that it was Mr. Soules argument that if the City came in
and cut across the lot for access to the Fire Station, in essence the City would be taking the entire lot,
because Outlot D would then become unbuildable.
Councilmember Gustafson said if the City Council went with a modified Alternate B, it would be
accomplishing three things: 1) leaving old Galaxie open with no connection to Plaza Drive cost under
$5,000 versus over $100,000 in construction costs and land acquisition costs for one of the other alternatives.
2) the Councilmember agreed with the safety factors and felt this would be a better set-up. 3) the
Councilmember said it would be in keeping with the commitment made to the community that Plaza Drive
would line up with West Wind Trail and there would not be two public accesses to Galaxie Avenue. He
said if old Galaxie was kept open and only used by the Fire Station and there was no cross-over, then the
commitment would have been kept to the community. In summary, the Councilmember said the use of
a modified Alternate B would be a wise use of dollars, it would meet all safety aspects, and the commitment
would be kept to the neighbors.
Mayor Egan then asked for public comment. Mr. George Shenk, 1925 Berkshire, said that he could
live with either road alignment. He said the situation is working well now. Mr. Shenk said he just didn't
want two public accesses with connection to Plaza Drive.
Gustafson moved, Wachter seconded a motion to continue receipt of the bids and awarding of
Contract 90-10 with a modified Alternate B (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) to the
October 2, 1990 regular City Council meeting. Aye: 5 Nay. 0
RECEIVE BIDS/AWARD CONTRACT
PARK CENTER ADDITION AND RUSTEN ROAD
Gustafson moved, Wachter seconded a motion to receive the bids and award Contract 90-11 (Park
Center Addition and Rusten Road - Streets and Utilities) and authorize the Mayor and City Clerk to
execute all related documents. Aye: 5 Nay: 0
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PAGE 11/EAGAN CITY COUNCIL MINUTES
September 18, 1990
CITY CODE AMENDMENT
RESIDENTIAL OFF-STREET PARKING
Gustafson moved, McCrea seconded a motion to continue consideration of the amendment of City
Code Chapter 10, Section 10.51, Residential Off-Street Parking, to the October 2, 1990 regular City Council
meeting. Aye: 5 Nay: 0
REZONING=MPREHENSIVE GUIDE PLAN AMENDMENT
DIFIZEY/CEDAR PIANNFID DEVE ..OPMENT/KOLDT PROPERTIES
After introduction by Mayor Egan, the City Administrator said this was an item that had been
before the City Council for several months. Mr. Hedges said the last continuance was to be long enough
for all to provide the City Council with reports, information, etc. Mr. Hedges said the applicant was
prepared to make a presentation or answer questions.
Mayor Egan then pointed out that approval of this item would require a 4/5ths vote. He said the
only new information were letters from Fire Chief Ken Southorn, Police Chief Pat Geagan and Carter
Christie of School District 191. Mayor Egan said the Koldt Properties had offered to conduct a tour and
review of the property they developed and manage in St. Louis Park. Mayor Egan said it had left him
with a favorable impression. Mayor Egan said it was probably appropriate to determine whether any
movement toward reconsideration or possible approval could be expected from those Councilmembers who
were previously leaning toward denial.
Mike Gould of Koldt Properties then addressed the Council. He said he had talked to Chief of
Police Pat Geagan regarding the study that had been done on multi-family versus single-family residences.
He said the Chief of Police agreed that a small number of the projects constituted the vast majority of
police calls. In addition, he said most of these projects were older, had lower rents and were poorly
managed. Mr. Gould said he then suggested that he go back to their marketing research people and ask
them to profile who their typical resident would be. Mr. Gould said it was his feeling that theirs would
be very similar to the Thomas Lake Point type of resident. Chief Geagan had indicated to Mr. Gould that
Thomas Lake Point had a very low incidence of police calls. Mr. Gould said they then talked to Carter
Christie of Independent School District 191. Mr. Gould said they would work with 191 as to what type of
retail will work with students and what won't. Mr. Gould said he felt they had nailed down the largest
concerns and would like to highlight the PD agreement for the Council.
In response to a question, Councilmember Pawlenty said he had met with the developer and was
favorably impressed with the development. However, the Councilmember said his concerns were based more
on policy and not necessarily the details of the development agreement. Councilmember Pawlenty said his
concerns were at a policy level and related to other things done at this policy level and not the particular
aspects of the agreement.
Councilmember Wachter then asked what this development would do for Eagan. He asked if the
City needed more commercial and then asked if the City needed more R-4. Councilmember Gustafson said
there is going to be more commercial and R-4 in the City. He said he supported limited R-4 and absolutely
supported commercial development. He said the City needed the commercial development for their tax
base. The Councilmember said he looked upon this particular site as the gateway to Eagan. He said
decisions had been made in the past with regard to this gateway. He said this property with this developer
would be the best they could offer as a gateway. The Councilmember said under its present zoning, this
PAGE 12/EAGAN CITY COUNCIL MINUTES
September 18, 1990 -
property could become a hodgepodge of commercial with different users and different architectural styles.
Councilmember Gustafson said the City Council had an opportunity to protect and enhance the gateway
to Eagan and, in his personal opinion, would not have this opportunity with another type of development.
Mayor Egan said they are dealing with a highly visible plateau which is very close to the
development of the Mega Mall. He said the Council had to look at what was the best available and what
would be the best use of the property under the circumstances. Mayor Egan then looked.at the three
proposals they have had for the use of this property: 1) Bluffview, which included a high-rise and was
approved, 2) Splashland, a development that was not particularly realistic, but also approved, and 3) this
particular proposal. Mayor Egan said of the three, the Diffley Cedar proposal was the most feasible, most
prudent and the highest quality. Mayor Egan said Tom Webster's letter to the Council dealt with these
issues and was as objective and as analytical as he could be. Mayor Egan said Mr. Webster was trying to
market the property and was of the opinion that a total commercial development of the property would not
happen. He said a corporate headquarters would not occupy anywhere near the entire 33 acres. He also
questioned whether they would want a warehouse or industrial development on this highly visible site. A
hotel would occupy only a small fraction of the property and the Mayor wondered how they could expect
a hotel to come in when Eagan's finest hotel to date, the Compri Hotel, had just been foreclosed. Mayor
Egan said the City did not need another 100 percent subsidized housing project. But he did feel the site
was conducive to and would benefit from a project similar to the Thomas Lake Apartments. Mayor Egan
said, under the circumstances, this was the best project available.
Councilmember Wachter then asked what the foremost impact would be on the students' safety.
He then suggested that they eliminate the commercial. Mayor Egan said the commercial should be
eliminated only if there is a reasonable alternative. Councilmember Wachter said he saw no change in the
developer's presentation and hence, nothing to prompt him to change his position.
Councilmember McCrea said she would have liked to have asked Chief of Police Geagan about his
letter. In addition, she said perhaps Councilmember Wachter did not feel his concerns about safety were
being addressed. Mayor Egan said he had spoken to Chief Geagan and Chief Geagan was concerned about
the impression his letter would leave with the City Council. The Mayor said his memo was intended
overall to be an academic statement of fact.. The Mayor said Chief Geagan was concerned that if the City
continues to maintain a high level of R-4 in the City, it is going to create a higher degree of police activity
which will be more of a burden on our Police Department. The Mayor went on to add, however, that this
is not the type of complex being proposed.
Mayor Egan then expressed his concerns about what would be built on the site if this project did
not go in. He said it would be very difficult to control the commercial and industrial uses of these 33 acres.
The Mayor said by approving this development, the Council would be approving a high quality project that
the City could be proud of. If left under the present zoning, he said there Could be seven different
developers and seven different uses.
Mr. Tom Webster, the fee owner of some of the property, then briefly addressed the safety issues
regarding Metcalf Junior High. He said most of the students are bussed and only the few in the immediate
area would be using the commercial property planned for this development. He said it is true if this
development is not approved, that there could be seven different users for the property and he was actively
courting a printing company. He said it was his original intention that all seven parcels be developed as
one development. Mr. Webster said a hodgepodge of development was a real possibility when one considers
that he pays $65,000 a year in taxes. Mr. Webster said he could not go on paying these high taxes forever.
Roger Slater said he would like to see the property developed as he is part-owner of a 1' acre
parcel that has little or no access. He said if they have an opportunity to market the property, he would
??1?ra ?u1?i
PAGE 13/EAGAN CITY COUNCIL MINUTES
September 18, 1990
like to do so. Mr. Slater, who is an Eagan policeman, said the majority of police calls to R-4 properties are
to a small number of projects and much of the problem can be blamed on poor management.
Mayor Egan then pointed out that not one voice had been raised in opposition to this proposal. He
said the same could not be said of Bluff'view and Splashland as they had all received numerous objections.
Councilmember Pawlenty said this is a high quality project, yet he was concerned about consistency
as it relates to the R-4 study. He said he agreed with downzoning these properties as he felt the City already
has too much multiple zoning. He acknowledged residents do not want,more R-4 or strip malls, but feared
the hodgepodge of commercial, which would result if the land use were not rezoned, would be worse.
Councilmember Wachter then called attention to a stadium that had been proposed in Eagan and had
never materialized. He also mentioned the race track and that he had been the only one to vote against it.
He said he is not sorry he voted against the race track and he said he was not afraid to vote against this
project. The Councilmember said the developer's project in St. Louis Park was very nice, however, it is not
what is being proposed for Eagan. He said this proposal is not brick and it does not fit what he had in mind
for the site.
Councilmember Gustafson said the Council had to do what was best for the City and while he was
torn on some subpoints, he had to look at the overall proposal and what was best for Eagan.
Councilmember McCrea said she shared some of Councilmember Wachter's concerns. She said she
would like to know what the City is getting. The Councilmember said she would like to see a corporate
headquarters or a hotel on this site but is concerned that this will not occur. She said she also has great
concerns about the costs associated with developing property in Eagan. Councilmember McCrea said the
prospect of 33 acres and how they might be developed is frightening to her, she is afraid of what may be built
there. She added that the Fire Department and Police Department calls may not be as heavy as they might
be under the present zoning.
After additional discussion Councilmember Pawlenty asked what the density of the project would be.
Director of Community Development Runkle said the density is right at twelve units per acre, which is the
high side of R-3.
Gustafson moved, McCrea seconded a motion to approve the comprehensive guide plan amendment
for specification of a development within an existing CPD (commercial planned development) of approximately
41 acres.
Councilmember Pawlenty said he was persuaded by the Mayor's analysis of the project He said he
was bolstered by the R-3 designation, so technically this could be viewed as something other than an R-4
parcel. Councilmember Pawlenty said he has been very close on this throughout and has raised a lot of
concerns. He said he was going to support this project and support the rezoning because in the final analysis,
this is the best that can be done for this parcel and for Eagan. The Councilmember said he was not a fan of
R-4 or strip malls but unsightly, high-density industrial uses were not good alternatives.
Aye: 4 Nay: 1 (Wachter)
Gustafson moved, Eagan seconded a motion to approve the rezoning of the Diffley/Cedar Planned
Development for Koldt Properties to amend the Splaslland PD to allow a mixed use multi-family residential
?c
PAGE 14/EAGAN CITY COUNCIL MINUTES
September 18, 1990
and retail development in the northwest corner of the intersection of Highway 77 and Diffley Road in the
southwest quarter of Section 19 subject to the following conditions:
1. A planned development agreement shall be entered into for a five year period.
2. A phasing plan shall be submitted with the preliminary plat of the First Addition.
3. An overall landscape plan shall be prepared.
4. An overall sign agreement shall be entered into.
5. All rooftop mechanical equipment shall be screened.
6. An overall design theme shall be carried out in the residential area, to include materials
referenced in the staff report.
7. All commercial areas shall be constructed with the same materials with all sides of the
buildings being constructed of the same material.
8. All trash/recycling areas shall be contained within the buildings.
9. All applicable environmental permits shall be obtained.
10. The development is subject to additional requirements as identified by City staff during the
platting phases of development necessary to provide adequate public infrastructure facilities
to service the development.
11. Only two, three-story, 66 unit apartments will be allowed.
12. No gasoline pumps shall be allowed.
Aye: 4 Nay: 1 (Wachter)
Gustafson moved, McCrea seconded a motion to approve the planned development agreement for
Diffley/Cedar Planned Development as presented. Aye: 4 Nay: 1 (Wachter)
CARLSON LAKE PARK IMPROVEMENTS
After introduction by Mayor Egan, the City Administrator said it was intended that this item be
continued to the October 2, 1990 regular City Council meeting. He wished to point out, however, that
erosion control measures had been taken to protect any open ground. He said a 2' hour public hearing
had been held by the Advisory Parks and Recreation Commission. He said the APRC had met with the
neighbors on September 17 on site and he wished to commend the job being done by them and their extra
efforts in this regard.
Gustafson moved, Egan seconded a motion to continue consideration of the modifications to the
Carlson Lake Park Improvements Project to the October 2, 1990 regular City Council meeting. Aye: 5
Nay: 0
LIQUOR LICENSE
COMPRI HOTELIPIA7A HOTEL COMPANY
McCrea moved, Wachter seconded a motion to continue the consideration of the on-sale liquor
license and Sunday sale of liquor license for the Compri Hotel/Plaza Hotel Company. Aye: 5 Nay: 0
RESOLUTION/INDUSTRIAL REVENUE BONDS R 90.75
PARK NICOLLET MEDICAL CENTER
After introduction by Mayor Egan, the City Administrator said this is the first request for industrial
development revenue bonds in several years. Mr. Hedges said that state and federal legislation had curtailed
PAGE 15/EAGAN CITY COUNCIL MINUTES
September 18, 1990
the issuance of these bonds except in those instances where the applicant is non-profit, a 505C(3)
corporation or qualifies for the state-wide bond pool. Mr. Hedges said the resolution was similar to what
they had done before with the consolidated bond issue with several other cities. He said the City had once
approved many of these requests. He went on to say that he and the Director of Finance had reviewed the
request and had found it to be in order. To alleviate any concerns, Mr. Hedges added that there were a
number of protections before the City would ever be declared in default.
Mayor Egan then said that previous policy was not to finance land acquisition. He asked if there
had been a change in the law that now allowed the applicant to include land acquisition. The City
Administrator said that policy had been more a local requirement to build up equity. The City Council had
wanted to ensure that the developers bad collateral. Mr. Hedges said that was not the case with this bond
issue as the Park Nicollet Clinic is a proven commodity and they are not engaging in development
speculation.
Mayor Egan asked,, along the same lines, whether the financing- of the furnishings such as benches,
desks, exam tables, etc., should be included as part of the bond issue. He said it was his understanding that
they did not usually include items which had a shorter useful life expectancy than the period covered by the
bonds. City Administrator said that in the past this had been true. Mr. Jerry Gilligan, of Dorsey &
Whitney, said that the equipment listed in their application did include some furnishings. As reassurance,
Mr. Gilligan said they would have to comply with federal regulations regarding the inclusion of these items.
Mr. Gilligan also pointed out that the economic life of these facilities is normally approximately 30 years,
while the maturity on most of these bonds is in the neighborhood of 22 years.
McCrea moved, Gustafson seconded a motion to approve the resolution setting a public hearing
for October 16, 1990 to consider the application for the issuance of industrial development revenue bonds
for Park Nicollet Medical Center in an amount not to exceed $3,225,000 and direct publication of the
appropriate notice. Aye: 4 Nay: 1 (Wachter)
SPECIAL USE PERMIT/CHRISTMAS TREE SALES
BOY SCOUT TROOP #51OIFOWN CENTRE 70 NINTH ADDITION
Gustafson moved, Wachter seconded a motion to approve a special use permit for Boy Scout Troop
#510 to operate a temporary Christmas tree sales lot on Outlot A, Town Centre 70 Ninth Addition. Aye:
5 Nay: 0
SPECIAL USE PERMIT/CFIRISTMAS TREE SALES
BOY SCOUT TROOP #345/PARK CENTER ADDITION
Wachter moved, McCrea seconded a motion to approve a special use permit for Boy Scout Troop
#345 to allow Christmas tree sales at the northwest corner of Cliff Road and Cliff Lake Road. Aye: 5
Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
MULTI-FAMILY RESIDENTIAL LAND STUDY AREA I
After introduction by Mayor Egan, the City Administrator said this item had been considered by
the Advisory Planning Commission at their August 28 meeting. He said the APC was recommending
approval.
The Director of Community Development said that this item had been before the City Council
before and had been referred back to the Advisory Planning Commission. He said it was originally intended
PAGE 16/EAGAN CITY COUNCIL MINUTES
September 18, 1990
that this property be downzoned from D-III to D-I; however, the recommendation before the Council is now
for a rezoning from D-Ill to D-11 and R-2. He said the applicant was in agreement with this downzoning.
Mr. John Dobney, representing Bill Smith, said the proposal represents transitional zoning between
the apartments on the north and the single-family on the south. He said this was very steep property and
was not suitable for any type of single-family development. He said there were substantial assessments and
they endorsed the action taken by the Advisory Planning Commission.
Mr. Harry Lemieux said he appreciated the time that had been spent on the issue. Mr. Lemieux
said he wished this Council had been around six years ago and perhaps be would not have the problem
he has today. He said any time the Council would like to do away with Royal Oaks, he would be happy
to go back to single-family zoning. Mr. Lemieux said the Royal Oaks Project had destroyed the single-
family area.
Mr. Joe Gavit said he was not as concerned about zoning and he was about parks. Mr. Gavit said
he would like the Council to include a study for a park in the area. Mr. Gavit said he believed it was a
necessity. Mayor Egan then asked the Director of Community Development several questions about parks
and their service area. The Mayor also asked what the park dedication fee was in this instance. Mr.
Runkle said that it was a cash dedication.
Mr. Lemieux then asked whether there would be a change in his taxes if the zoning went from
agricultural to R-2. Mr. Runkle said the County had assured them that it was the use that determined the
tax rate, however, there have been inconsistencies in applying this policy. Mr. Runkle said that if the taxes
do change, staff will bring this item back to the City Council.
Pawlenty moved, Gustafson seconded a motion to approve the comprehensive guide plan amendment
to change the land use designation of approximately 16 acres from D-III (mixed residential, 6-12 units per
acre) to D-II (mixed residential, 0-6 units per acre) for Area I/Multi-Family Residential Land Study. Aye:
5 Nay: 0
Pawlenty moved, Gustafson seconded a motion to approve the rezoning of the same 16 acres from
A (Agricultural) to R-2 (Duplex) residential for property located on the west side of Federal Drive along
Violet Lane in the northeast quarter of Section 16. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENTT/REZONING
AREA FJMULTI-FAMILY RESIDENTIAL LAND STUDY
McCrea moved, Gustafson seconded a motion to continue a request for continuance to the October
16, 1990 City Council meeting for Area E of the Multi-Family Residential Land Study. Aye: 5 Nay: 0
ADDITIONAL ITEMS
RAHNCLIFF CROSSING SECOND ADDITION
After introduction by Mayor Egan, the City Administrator said that before they discussed the
development issues of Rahncliff Crossing, he wished to share a note he had received from the Finance
Department regarding negative escrow balances.
Since he was not in attendance, City Councilmember McCrea asked whether the developer had been
notified. City Attorney Sheldon pointed out that the letter sent to Mr. M. Austin Smith by Mike Dougherty
of the City Attorney's office, had advised him that action would be requested of the City Council to declare
')# 240
PAGE 17/EAGAN CITY COUNCIL MINUTES
September 18, 1990
his company in default of the planned development agreement and development contract for Rahncliff
Crossing Second Addition.
City Administrator Hedges said staff had tried to work with Mr. Smith but were not getting any
response. City Attorney Sheldon said if the development is held in default, it would allow the City
Attorney's office to process the default provisions of the development agreement and contract.
Wachter moved, Gustafson seconded a motion to approve a finding that M. Austin Smith, developer
of Rahncliff Crossing, be found in default of the planned development agreement as amended and the
development contract for said development and authorized staff to properly enforce/resolve the items
including the payment of all escrow. Aye: 5 Nay: 0
CHANGE ORDER #2/0ONTRACT 89-13
CLIFF ROAD WATER TREATMENT FACILITY
The Director of Public Works said it has become apparent that the extra cost proposed to save
some of the significant trees along Cliff Road is not cost beneficial. He said originally it was proposed to
build retaining walls and construct a 24 inch water transmission main around this wooded area to save two
oak trees along Cliff Road. However, Mr. Colbert said in working with the contractor, the City can save
$7,755 by removing these two oak trees, reducing the height and length of retaining walls and shortening
the construction alignment of this transmission water main. He said the two oak trees originally proposed
to be saved are incurring significant distress due to the construction activity around them.
After prefacing his motion by saying he normally votes to save trees, Wachter moved, Egan
seconded, a motion to approve Change Order #2 to Contract 89-13 (Cliff Road Water Treatment Facility)
and authorized the Mayor and City Clerk to execute all appropriate documents. Aye: 5 Nay: 0
CHANGE ORDER #1/CONTRACT 89-09
JOHNNY CAKE RIDGE ROAD - STREETS & UTILITIES
Mayor Egan said in fairness to Director of Parks and Recreation Ken Vraa, this was also a very
significant change order amounting to $25,000.
Gustafson moved, McCrea seconded a motion to approve Change Order #1, Contract 89-09 (Johnny
Cake Ridge Road - Streets & Utility Improvements) and authorized the Mayor and City Clerk to execute
all related documents. Aye: 5 Nay: 0
STAFF NOTES
City Administrator Hedges said he had received two separate letters from John Herman of Leonard,
Street & Deinard, the law firm that represents the City in airport noise issues, requesting that other
attorneys in his firm be allowed to represent clients who are not the City of Eagan. One request involves
Crown Coco, a company that recently had a conditional use permit request before the City Council, and
the other involves a tax protest by a resident. Mr. Hedges said typically these letters request ask the City
Administrator to review and sign off any concerns the City may have. Because he had reservations about
both requests, the City Administrator asked the City Attorney to review them. Upon review, the City
Attorney has raised some significant issues and this is particularly true in the case of Crown Coco where
the law firm would be representing the applicant in an adversarial role after the conditional use permit
requested by that company was denied.
PAGE 18/EAGAN CITY COUNCIL MINUTES
September 18, 1990
The City Administrator recommended that Mr. Herman be informed that it was not in the best
interests of the City to approve either request. The City Council agreed.
SPECIAL CITY COUNCIL MEE'IlNG
The City Administrator recommended that because of conflicts on other dates, October 11, 1990
be set as the next special City Council workshop. Those items to be discussed include: 1) 1991 budget
considerations, 2) philosophy regarding shelter and park programs, 3) other business.
Gustafson moved, McCrea seconded, a motion setting October 11, 1990 as a special City Council
meeting. Aye: 5 Nay: 0
GOPHER SMELTING
Councilmember Wachter asked the Director of Community Development whether he had received
a report form the Pollution Control Agency on Gopher Smelting. Community Development Director
Runkle said no specific report had been received, however, John Tapper of Gopher Smelting would like to
meet with the City Council to explain what actions have been taken.
Wachter moved, Egan seconded a motion to approve the checklist for September 18, 1990 in the
amount of $823,612.68. Aye: 5 Nay: 0
ADJOURNMENT
The meeting was adjourned at 10:45 p.m. on September 18, 1990.
KF
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aAk-b.Lk.-
E nOverbeke, City Clerk
?t 3'120
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
October 2, 1990
A regular meeting of the Eagan City Council was held on Tuesday, October 2, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
0
City Administrator Hedges recommended the following changes to the agenda:
Add: Resolution/Minnesota Public Radio, to the end of the agenda.
Gustafson moved, McCrea seconded, a motion to approve the agenda as amended. Aye: 5 Nay:
McCrea moved, Wachter seconded, a motion to approve the minutes for the September 18, 1990,
regular City Council meeting with the following exception:
Page 13, Diffley/Cedar Planned Development, first paragraph, replace last sentence with the
following clarification: "He acknowledged residents do not want more R-4 or strip malls, but feared the
hodgepodge of commercial, which would result if the land use were not rezoned, would be worse."
Aye: 5 Nay: 0
McCrea moved, Gustafson seconded, a motion to approve the minutes for the August 9, 1990,
special City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the September 13, 1990,
special City Council meeting. Aye: 5 Nay: 0
FINANCE DEPARTMENT/BID AWARD
BOND SALES
After introduction by Mayor Egan, City Administrator Hedges said the City had received the bids
for the four separate bond sales and asked Fiscal Consultant, David MacGillivray of Springsted, Inc., to
provide detail about the sales and subsequent bid award.
Mr. David MacGillivray said they were requesting that Council consider resolutions awarding the
sale of each bond issue. Before addressing the issues, however, he wished to point out that this had been
a very volatile time in the bond market. Over the last 2 to 3 weeks, it has been extremely variable and he
was pleased to report that the rates they received were very good.
The lowest, true interest cost bid for the $9,300,000 in General Obligation-Revenue Water System
Bonds, Series 1990A, was 7.2350%. Mr. MacGillivray said his company was predicting 7.2% and said this
is one of the best bids they had received in the last few weeks.
n 3
Wachter moved, Gustafson seconded, a motion to approve the sale of $9,300,000 General Obligation
Revenue Water System Bonds, Series 1990A, to Norwest Investment Services, Inc. Aye: 5 Nay: 0
Mr. MacGillivray said that the City had received four bids for the $5,250,000 in General Obligation
Improvement Bonds, Series 1990B. He said that a month ago they were estimating an interest rate of
6.91%, and were pleased with an extremely aggressive and favorable rate of 6.907%.
Gustafson moved, Wachter seconded, a motion to approve the sale of $5,250,000 General Obligation
Improvement Bonds, Series 1990B, to Norwest Investment Service, Inc. Aye: 5 Nay: 0
The City received one bid from a Twin Cities syndicate for the General Obligation Equipment
Certificates of Indebtedness, Series 1990C Mr. MacGillivray said a true interest rate of 6.4475% was even
more aggressive than the other issues and was under Springsted's estimate of 6.65%.
McCrea moved, Gustafson seconded, a motion to approve the sale of $250,000 General Obligation
Equipment Certificates of Indebtedness, Series 1990C, to Norwest Investment Services, Inc. Aye: 5 Nay:
0
Mr. MacGillivray said the issuance of $1,220,000 in General Obligation Refunding Improvement
Bonds, Series 1990D, refunded three outstanding issues that presently have interest rates ranging from 7.75%
to 9%. He said the bids received were very favorable and while they were estimating 6.66% interest, the
true interest cost of the most favorable bid was 6.4383%. Hence, rather than improving the City's cash flow
position by $345,000, as had been predicted, Mr. MacGillivray said with this sale, the actual improvement
would be $360,000+. Mr. MacGillivray said that the issuance has not only improved cash flow position but
has shortened the maturity.
Gustafson moved, McCrea seconded, a motion to approve the sale of $1,220,000 General Obligation
Refunding Improvement Bonds, Series 1990D. Aye: 5 Nay: 0
Mr. MacGillivray said presentations were made two and a half weeks ago in New York to Moody's
and Standard & Poors in an attempt to maintain the City's bond rating. While comments from Standard
& Poors were more traditional, banking language statements, Moody's included such comments as: "on
track" and "doing everything right." He said the next highest rating would be AA; however, he added that
such a rating would be rare for a suburban municipality that is not yet fully developed. Mr. MacGillivray
said that staff should be commended for a very professional presentation.
Mayor Egan added that the team had put in a lot of work and that it was appreciated. He said
these had been the best bids received in some time.
A. Personnel Items
1. It was recommended that the letter of resignation submitted by Investigator Robert O'Brien of
the Eagan Police Department be accepted with regret.
2. It was recommended that the reorganization of the Eagan Police Department creating a new
position of Property Room/Administrative Technician and eliminating one future Community Service Officer
position at the time the two, present Community Service Officers become sworn police officers be approved.
Page 3/EAGAN CITY COUNCIL MINUTES
October 2, 1990
3. It was recommended that the appointment of Donn Smith as Property Room/Administrative
Technician at the Eagan Police Department be approved.
4. It was recommended that the appointment of Todd Kirchgatter be approved as a Police Officer
effective October 15 and Caridad Arendale be approved as a Police Officer effective November 5.
S. It was recommended that the hiring of Kim Eggers as a Project Planner for the City of Eagan,
subject to the successful completion of the City's physical examination requirement, be approved.
6. It was recommended that the hiring of Karen Kelly as the full-time Clerical Technician 3 for
the Fire Department, subject to successful completion of the City's physical examination requirement, be
approved.
7. It was recommended that changing the status of pre-school program instructors and assistants
to temporary, seasonal employees be approved.
8. It was recommended that the hiring of Rolf Tufte as a seasonal forestry/boulevard inventory
technician be ratified.
9. It was recommended that the addition of standard benefits to the Community Services Officer
position in the Police Department be approved.
B. Refuse/Recycline License/Aagard Environmental Services
It was recommended that a refuse/recycling license for Aagard Environmental Services of St. Paul
be approved as presented.
C. Plumbers Licenses
It was recommended that Plumbers Licenses for: 1) Gilbert Mechanical Contractors, Inc., and 2)
The Plumbing Place, Inc., be approved.
D. General Election Judges
It was recommended that the list of election judges for the general election of November 6, 1990,
be approved as presented. See Exhibit A.
E. Contract 89-23 Acknowledge ComRletion/Authorize Final Payment (Various Trailway
Construction)
It was recommended that completion be acknowledged and final payment authorized under Contract
89-23 to Barber Construction Company in the amount of $6,640.68.
F. Final Plat. Galaxie Cliff Plaza 2nd Addition R 90. 76
It was recommended that the final plat for Galaxie Cliff Plaza 2nd Addition be approved, including
the final site plan dated October 1, 1990; however, no cross parking easement shall be required if on-site
parking is increased to 107 stalls.
? It ' 'j.J
Page 4/EAGAN CITY COUNCIL MINUTES
October 2, 1990
G. Renew Contractual Snow Removal Agreement
It was recommended that the contractual snow removal agreement with J&D Contracting, Inc., for
the 1990-1991 snow removal season at the same rates except as modified be approved and the Mayor and
City Clerk be authorized to execute all related documents.
H. Contract 90-07, Final Payment/Acceptance (1990 Sealcoating)
It was recommended that the first and final payment for Contract 90-07 (1990 Sealcoating) of
$142,649.80 to Allied Blacktop Company, Inc., be approved and the acceptance be authorized for perpetual
maintenance by the City subject to appropriate warranty provisions.
1. Project 88-V, Acknowledge Complletion/Authorize City Maintenance (Town Centre 100 - 6th
Addition (Streets and Utilities
It was recommended that the completion of Project 88-V (Town Centre 100 - 6th Addition - Streets
& Utilities) be acknowledged and the initiation of City maintenance be authorized subject to warranty
provisions contained in the development agreement.
J. Project 87-BB. Acknowledge Completion/Authorize City Maintenance (Brittany 10th Addition -
Streets & Utilities)
It was recommended that the completion of Project 87-BB (Brittany 10th Addition - Streets &
Utilities) be acknowledged and the initiation of City maintenance be authorized subject to warranty
provisions contained in the development agreement.
K. Project 595, Receive Report/Order Public Hearing (Country Home Heights - Streets
It was recommended that the feasibility report for Project 605 (Country Home Heights - Street and
Storm Sewer Improvements) be received and the public hearing scheduled to be held Thursday, November
20, 1990.
L. Chafe Order #1, Contract 89-03 (Maintenance FacilityEEx„pansion/Remodelingl
It was recommended that Change Order #1 to Contract 89-03 (Maintenance Facility
Expansion/Remodeling) be approved and the Mayor and City Clerk authorized to execute all related
documents.
Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda. Aye: 5 Nay: 0
VACATE DRAINAGE & UltXff EASEMENT
LOT 2, BLOCK 1, GREENSBORO ADDITION
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation
of the described drainage, ponding, and utility easement over that portion of Lot 2, Block 1, Greensboro
Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
Page 5/EAGAN CITY COUNCIL MINUTES
October 2, 1990
RECEIVE BIDS/AWARD CONTRACT (GALAXIE CLIFF PLAZA 2ND ADDITION)
After introduction by Mayor Egan, Director of Public Works Colbert said that due to the one-
month delay in awarding the contract and allowing construction to begin, the original specified completion
date will have to be modified to provide for 1991 completion. He said the development agreement has been
prepared requiring the developer to acknowledge this delay and guarantee all costs associated with any
delays into the next construction season as well as all costs associated with redesign to comply with the final
grading and drainage plan submitted by the developer.
McCrea moved, Gustafson seconded, a motion to award Contract 90-10 (Galaxie Cliff Plaza 2nd
Addition - Streets and Utilities) and authorize the Mayor and City Clerk to execute all related documents.
Aye: 5 Nay: 0
CARLSON LAKE IMPROVEMENTS
After introduction by Mayor Egan, the City Administrator said that this item was continued from
the last City Council meeting. He went on to say that basically the Advisory Parks and Recreation
Commission was recommending changes to the comprehensive park plan that included a 6 foot wide turf
trail along the west bank, an 8 foot wide aggregate trail installed leading from the south access point to the
playground equipment, removal of the current basketball standard and security light to be replaced with
playground equipment and open play area at the same location, and a fishing dock to be placed on the
east side of the lake and included in the development plan.
Mayor Egan said the minutes clearly reflected a great deal of discussion on this item. He said the
feelings on both sides were well stated. Mayor Egan said this was a healthy compromise as both
constituencies have the right to have their wishes considered.
Councilmember Wachter asked a question regarding the type of equipment that would be installed
in the park. He said it is the neighborhood's wishes that wood equipment be installed. City Administrator
Hedges said that staff had discussed the type of equipment and the question was being proposed to the
insurance carrier as to the liability for such equipment.
Gustafson moved, Wachter seconded a motion to approve the recommendation of the Advisory
Parks and Recreation Commission without modification that revises the master plan for Carlson Lake Park
and authorizes the contractor, under a change order, to complete the park's plan per the revisions. Aye:
5 Nay: 0
AMENDMENT/RESIDENTIAL OFF-STREET PARKING
After introduction by Mayor Egan, the City Administrator provided background on this item. He
said the ordinance amendment was originally proposed because it was generally felt that vehicles stored in
yards should be regulated. He went on to say that the language proposed for the Code amendment was
found to be too restrictive and would have been very difficult to enforce. City Administrator Hedges said
that the City Attorney's office felt that language as currently existing in the City Code could handle any
violations.
Page 6/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Mayor Egan asked the City Attorney whether the current City Code sufficiently addressed these
problems. City Attorney Sheldon said that in this situation, the City has ordinances which cover most
instances of problems that exist. Mr. Sheldon said that enforcement of existing ordinances would be
preferable to writing additional ordinances.
Mayor Egan then asked for comments from the audience. After receiving none, this item was closed
with the direction that a letter be sent to the resident who indicated an interest in this issue.
LIQUOR LUCENSFJCOMPRI HOTEL
PLAZA HOTEL COMPANY
Gustafson moved, Wachter seconded a motion to approve the on-sale liquor license and Sunday sale
of liquor license for the Compri Hotel/Plaza Hotel Company. Aye: 5 Nay: 0
LIQUOR LICENSE/LIQUOR SHOPPE
Pawlenty moved, Wachter seconded a motion to approve the off-sale liquor license for Greg Ward
and Richard Ross relative to the Liquor Shoppe, Inc. of 4250 Lexington Avenue South. Aye: 5 Nay: 0
DAKOTA COUNTY DRAFT 5-YEAR CAPITAL IMPROVEMENT PROGRAM
After introduction by Mayor Egan, the City Administrator said that each year Dakota County
approves a 5-year Capital Improvements Program. He said there were a number of county roads in the
community and that the County takes the lead in their upgrade. He said the CIP has been reviewed with
the Chamber of Commerce, School District 196, and staff and that the revised CIP was now going to the
Council for their input.
The Director of Public Works said that by their review the City Council was not approving the
project but providing feedback to the County for their Capital Improvements Program. He said that a draft
will go back to the County Board with City comments as well as comments from business, citizens, and the
school district. Mr. Colbert said the only thing included for the Council's consideration were trails, signals,
and streets.
After review of the entire 5-year proposed Capital Improvements Program, Gustafson moved, Egan
seconded a motion to approve the modified draft 5-year Capital Improvements Program for Dakota County.
Aye: 5 Nay: 0
SETBACK VARIANCF/BRI TANY 10TH ADDITION
M. W. JOHNSON CONSTRUCTION
After introductory remarks by the Mayor and City Administrator, the Director of Community
Development said this is a variance of 10 feet from the 30 foot setback from public right-of-way. He said
the rationale for the variance was a severe slope at the rear of the lot. Councilmember Pawlenty asked
what the slope was and Director of Public Works Colbert said that the slope appears to be between 15 and
20 percent. He said this type of slope would require extensive retaining walls to get drainage around the
house.
Gustafson moved, McCrea seconded a motion to approve the variance of 10 feet from the 30 foot
setback from the public right-of-way for M. W. Johnson Construction on Lot 3, Block 1, Brittany 10th
Page 7/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Addition and that the variance shall be subject to all applicable City Codes. Aye: 5 Nay: 0
Councilmember Gustafson said he wished the record to note that the hardship would be the cost
of the retaining walls and the aesthetics of the lot pertaining to the slope and drainage. He added that
there would also be safety concerns with the height of a wall high enough to retain the slope.
SPECIAL USE PERMIT/CHRISTMAS TREE SALES
THOMAS LAKE CENTER
Gustafson moved, Wachter seconded a motion to approve a special use permit for Christmas tree
sales for James Bartizal subject to the following conditions:
1. The permit is temporary and shall expire after December 25, 1990.
2. The permit shall be subject to all applicable Code requirements.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/MOTOR FUEL SALES
TOM THUMB MARKETS/ YANKEE SQUARE SHOPPING CENTER
After introduction by Mayor Egan, the City Administrator said that the Advisory Planning
Commission had recommended denial of this item. Director of Community Development Dale Runkle said
that the application is for a conditional use permit for relocation of the Tom Thumb facility at the Yankee
Square Shopping Center. He said the new store would be west of the existing location. Mr. Runkle said
the applicant had worked with staff to address concerns regarding transportation and traffic circulation in
the parking lot. He said it had been staffs recommendation that access onto Washington Drive be closed
completely.
Martin Colon, a partner in Federal Land Company, owner of the center, said they proposed to move
the existing Tom Thumb store to the old Yankee Drug location and expand at the same time. Mr. Colon
said it was a relatively simple plan in terms of detail. He said there were two sets of islands with pumps
in the middle. He said the distance between the islands and the parking stalls are typical for this type of
proposal. Mr. Colon said that they did anticipate more traffic than is presently being experienced in the
Yankee Square Shopping Center. Mr. Colon added that when pumps were added to the Cedar Cliff
Shopping Center, there were also concerns that traffic would stack up, however, this has never been a
problem. Mr. Colon pointed out that this is not a service station, but a food store anticipating selling
gasoline as a product. He said they just did not anticipate any problems. Mr. Colon said an upgrade of
the center was necessary to bring the shopping center into a level of competition that could compete with
other sites built in the area. He said they need to offer the same services as the others in order to
compete. He asked that the Council look at the Brook's Superette where one has to literally drive through
the pumps to get to the store. Mr. Colon said their plan is workable and they want to upgrade the center.
Mayor Egan then asked for comment from the audience before turning it over to the City Council
for questions. There were no comments from the audience.
Councilmember McCrea pointed out that it is tough for small businesses in today's market. She
said the City needs its small businesses and that she would have not problem approving the pumps for Tom
Thumb. However, she did express concerns regarding the circulation of traffic within the center. The
Councilmember said she was not convinced that this would solve problems but prehaps would create
problems.
Page 8/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Mr. Colon said that moving the anchor tenant would distribute parking in a more even manner and
clarify the traffic circulation. He said that by moving this tenant, the majority of the business to the center
would be to the west. He said it would offset and relieve some of the traffic in the area closer to the
freeway.
Director of Public Works Colbert said that the area near Tom Thumb is congested. He said he
concurred that if it were relocated, it would distribute some of the congestion. He added that it would clear
out the access. Mr. Colbert said it would help the intersection of Washington Drive and Yankee Doodle
if Tom Thumb were moved; however, he questioned what would replace Tom Thumb in its present location.
He said depending upon what took Tom Thumb's place, the problem could be doubled.
Director of Community Development Runkle said that at the Advisory Planning Commission public
hearing, representatives of Hovie's and the Steak House had concerns regarding the canopy that would be
placed over the gasoline pumps. They had expressed concerns that the canopy would block their signage.
Mr. Colon said that he had talked to both tenants and had agreed to redesign the pylon sign for Yankee
Square Shopping Center to incorporate their names on that sign. Mr. Colon said that even though the
canopy is the same height as their signage, the sight line would go under the canopy and the signs would
still be visible. Mr. Colon added that this is a depressed area and the other users were satisfied.
Mayor Egan then asked the Director of Public Works to elaborate on staff concerns that had been
included in a letter from Short-Elliot-Hendrickson. Mr. Colbert said that the gas pumps would interfere
with on-site circulation on the rest of the site only during peak periods. He said congestion is a concern
at the main entrance in addition to gas traffic blocking parking isles. Mr. Colbert said the majority of the
traffic to the center would be off of Yankee Doodle. Councilmember Pawlenty asked whether consideration
had been given to those coming from the south. Mr. Colbert said that those numbers would be small
because of the left turn at Washington Drive. He said it is a congested area generating a lot of turn over.
Mr. Colbert said that in addition to shopping center traffic and pump traffic, he believed it would increase
pedestrian traffic within the parking lot. In addition, he said that existing parking stalls would make it
difficult to refuel the station during working hours.
Mayor Egan asked if this were an improvement over what had been proposed before. Mr. Colbert
said it was an improvement, however, staff still had severe reservations about the pumps. He said there
would be less impact on external traffic movement but more on internal.
Councilmember Gustafson said he hesitated to stray from what the Advisory Planning Commission
had recommended. He said that this center needed to upgrade in order to be competitive and he was in
favor of that. The Councilmember said that if the center goes broke, it would be good for traffic but not
good for Eagan. The Councilmember said that the developer planned to upgrade the center and he pointed
out that Brook's Superette with a similar situation had had no problems. He said he had never seen
vehicles stacked up at Nicols and Cliff and, yet, SEH was worried about this situation. Councilmember
Gustafson said that if the developer can increase the appearance and viability of the center, then it should
be done. He said that if the conditional use permit meets code, then the upgrade of the center could be
tied to the approval of the conditional use permit for pumps for Tom Thumb.
Councilmember Wachter said that the two tenants who had concerns about this conditional use
permit were not at the meeting and perhaps their concerns had been worked out. Councilmember
Gustafson said he did have concerns about the two tenants, however, he believed their concerns were being
taken care of. Councilmember Gustafson said it would be a big plus to get some of the traffic off
Washington Drive.
Page 9/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Mayor Egan said that it was in the best interests of the City to control the traffic in the Washington
Drive/Yankee Doodle area. He asked the Director of Public Works if he anticipated stacking at the pumps.
Director of Public Works Colbert said he did not anticipate that, however, the potential was there and
should be addressed Mayor Egan said they seemed to be coming back to two issues: 1) that two
businesses were concerned they would lose business because of the canopy and 2) gasoline tankers bringing
in fuel. Councilmember McCrea said that in addition to those concerns, she did not want to downplay the
safety issue. She said she was concerned about pedestrian traffic within the center. The Councilmember
also expressed reservations about having parking in front of the store when pedestrians would have to walk
right through parked cars to get to the store. She said she wanted to see the center thrive, however, she
still had significant safety concerns.
Councilmember Pawlenty said he was concerned about setting a precedent. He said the comparison
to Brooks is not a favorable one as one has to drive through the pumps to get to the center. The
Councilmember said that Yankee Shopping Center was a large center and that Tom Thumb was one of the
earlier convenience stores. He said that in order for them to compete now, they need gasoline. He said
he was concerned about the center and would be happy to see improvements as they would be helpful to
Eagan. The Councilmember said he would consider approval with the upgrade of the center, however, he
was still concerned about the reservations raised by SEH and the APC recommendation for denial.
Councilmember Pawlenty said if it would help the center, he would like to vote for the approval with some
minor modifications. He asked Mr. Colon if there were any other options available. Mr. Colon said that
he could address some of the concerns of the Council. He went on to say that Tom Thumb's business had
decreased 50 percent recently and something had to be done. He said the center needs to be renovated
and the center needs, to be competitive with the competition. Mr. Colon said he had talked to the two
tenants about their concerns and believe they were satisfied. As to the filling of fuel tanks by tanker, Mr.
Colon suggested that a stipulation be added that the tanks only be filled at night. Mr. Colon said as far
as Council concerns regarding the end tenant that will occupy space being vacated by Tom Thumb, they
would be willing to commit to a "soft user.' Mr. Colon defined 'soft user" as one that does not generate
a lot of traffic. Mr. Colon then went on to say that they were planning a half million dollars worth of
improvements to the center which ironically is what the original center cost when it was built. He said he
would have no objection to tying renovation to approval of the conditional use permit.
Councilmember McCrea asked whether some of the parking spots in front of the store could be
pulled and still meet proof of parking. Mr. Colon said this could be done and they would put metal posts
in front of the store to discourage any such parking. He said they would work with staff to improve the
design.
Gustafson moved, Wachter seconded a motion to approve the conditional use permit for Tom
Thumb Food Markets to allow motor fuel sales on Lot 1, Block 1, Bicentennial Addition, subject to the
following conditions:
1. A canopy facia and the building facia shall match.
2. The vent stand pipes shall run up the canopy column.
3. All other governmental agency requirements/permits shall be applied for and approved.
4. All signage on the canopy will be subject to a one-time sign fee of $2.50 per square foot.
5. The developer will lease the original Tom Thumb space to a soft user.
6. The upgrade improvements by the developer are to be accomplished within one year.
7. Removal of some parking spaces at the store entrance will be accomplished to accommodate
pedestrian traffic.
8. Entrance to the center off Washington Drive will be narrowed.
9. Fueling of gasoline tanks will be completed at night, after 10:00 p.m. and before 7:00 a.m.
Page 10/EAGAN CITY COUNCIL MINUTES
October 2, 1990
Councilmember Pawlenty questioned whether Condition #7 regarding removal of parking spaces
should be more specific or whether staff should negotiate the number. Councilmember Gustafson said he
would leave the removal of spaces up to the developer and staff. Director of Community Development
Runkle asked whether Councilmember Gustafson would like to define soft user outlined in Condition #5.
Councilmember Gustafson said that he deliberately left the issue vague. Councilmember McCrea said she
would have preferred more specifics in the conditions and was not comfortable with leaving much of it to
staff discretion.
Aye: 4 Nay: 1 (McCrea)
CONDITIONAL USE PERMIT/OUTDOOR STORAGE
SAFETY KIF.EN
After introduction by Mayor Egan, the City Administrator said concerns had been raised regarding
insurance bonding indicating protection for the City if a catastrophic event were to take place. He said it
was important to make certain that Safety Kleen would be responsible for the clean-up.
Director of Community Development Runkle said that the application is for increased storage of
chemicals until transported for use. He said at the present there are two, 15,000 gallon tanks on site and
the request is for two additional 120,000 gallon tanks. Mr. Runkle said that the improvements would be
phased in with one tank being built this year and the second being built next year. He said that the
applicant has agreed to the schedule that was included in the staff report.
Mel Jansek, representing the applicant, said he was surprised by the request for bonding for
insurance. He said this is the first time they have ever been asked to provide such insurance and he could
not answer for the applicant. Mr. Jansek said the storage tanks hold oil, glycol and dirty water. He said
while the materials are combustible, they are not flammable and are not contaminating in nature. Director
of Public Works Colbert asked whether the containment area around the tank was sufficient to hold the
contents of one tank. Mr. Jansek said that yes they had been built to EPA standards. Mr. Colbert then
asked what Safety Kleen did with rainfall. Mr. Jansek said that rain water is pumped out to one of the tank
areas. Mr. Colbert asked if there was any direct connection to the storm sewer system. Mr. Jansek said
no, that any spillage would be contained within the containment area and then pumped to a detention pond
for testing. Councilmember Wachter asked whether the applicant would be required to receive approvals
from the County and State agencies and it was pointed out that this would be a standard condition.
Councilmember Wachter said he was concerned about this application and felt it should be in a different
location. He said it was too close to the river. Director of Public Works Colbert said that there is one
ponding area before anything from Safety Kleen would reach the river, however, he is concerned about
potential pollution to the river and downstream. Mr. Jansek said that all valves within the site are double
check valves. Director of Public Works Colbert said that there is limited opportunity for staff to identify
potential problems. Councilmember Gustafson pointed out that the applicant did have all the mechanical
safeguards. Councilmember Wachter asked whether 240,000 gallons would fit in the containment area. Mr.
Jansek said in that instance, they would be talking about a rupture or spill. He added that in 15 years, they
had not had any problems.
City Administrator Hedges suggested that the City work with the applicant on an agreement which
would deal with inspection and clean-up. He suggested that the item be continued to allow the agreement
to be worked on.
Page 11/EAGAN CITY COUNCIL MINUTES
October 2, 1990
McCrea moved, Wachter seconded a motion to continue the application for a conditional use permit
for Safety Kleen Corporation to allow outdoor storage in a light industrial district to the October 16, 1990
regular City Council meeting. Aye: 5 Nay: 0
Councilmember Pawlenty asked that the applicant elaborate on glycol, water and chemicals. He
asked that the applicant identify the chemicals.
CLEAN PARTNERSHIP GRANT/SCH WANZ LAKE R 90.77
McCrea moved, Gustafson seconded a motion to approve a resolution authorizing execution of a
grant agreement amendment declaring the project Schwanz Lake Water Quality Diagnostic Study. Aye:
5 Nay: 0
OTiEIL PLANNED DEVELOPMENT AGREEMENT
The Director of Community Development said the issue is whether to provide access to the
landlocked Lance Properties. He said representatives of the O'Neils had requested that the provision
providing this access be removed. Mr. Runkle said that staff wanted the access to remain a condition,
however, the location of the access could be negotiated.
McCrea moved, Gustafson seconded a motion to deny the elimination of a condition for the
dedication of a service road from the O'Neil property to the Lance Properties site. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
After reaffirming 5:30 p.m. as the normal starting time for City Council workshops, Gustafson
moved, Wachter seconded a motion to change the date for a special City Council meeting for the month
of October from October 11 to November 1 at 5:30 p.m. Aye: 5 Nay: 0
CHANGE ORDER #1/CONTRACT 90-06
PROJECT 567 - EFFRESS ADDITION STORM SEWER
Gustafson moved, Wachter seconded a motion to approve Change Order #1 to Contract 90-06
(Project 567 - Effress Addition Storm Sewer) and authorize the Mayor and City Clerk to execute all related
documents. Aye: 5 Nay: 0
PROJECT 466/RECEIVE SUPPLEMENTAL ASSESSMENT ROLL
ORDER PUBLIC HEARING (PILOT KNOB ROAD)
Gustafson moved, Wachter seconded a motion to approve a supplemental assessment roll for Project
466 (Pilot Knob Road) as it pertains to Lot 2, Block 1, Duckwood Crossing and schedule a public hearing
to be held on November 8, 1990. Aye: 5 Nay: 0
MWOMWOW
RESOL UI'ION/M NNESOTA PUBLIC RADIO R 90.7 8
City Administrator Hedges said that a letter had been received from attorneys for Minnesota Public
Radio asking that a resolution be passed by the City Council requesting that MPR be placed on an MWCC
Page 12/EAGAN CITY COUNCIL MINUTES
October 2, 1990
agenda. Mr. Hedges said a letter has since been received from Gordon Voss of the MWCC indicating that
even if the City made this request, it was unlikely the MWCC would approve any long-term lease or use
of their property.
Councilmember Gustafson said that in earlier deliberations about the request of MPR, the comment
had been made that there were additional sites available. The MWCC is indicating now that they might
be interested in being one of those sites if the City is interested. The MWCC has not wanted to interfere
and the Councilmember has tried to reinsure them.
Mayor Egan said he had spoken to Lurlene Baker-Kent and other members of the MWCC and it
is their feeling that in order to be a good neighbor, they have to anticipate what the City Council's feelings
are. Mayor Egan said unfortunately they have gone overboard and have become obstructionistic. The
Mayor said that Ms. Baker-Kent had suggested that the City Administrator contact Gordon Voss of their
office and ask if there are other sites available. Mr. Voss has now indicated that the MWCC may not
approve an alternate even if the City were to approve this site. Councilmember Pawlenty said he believed
that the MWCC has become overly cautious.
Gustafson moved, McCrea seconded a motion to approve a resolution requesting that the MWCC
place the Minnesota Public Radio item on a future agenda.
Councilmember Wachter said it should emphasized that the City's Council was not approving a site
for MPR.
Aye: 5 Nay: 0
Wachter moved, Egan seconded a motion to approve the checklist dated October 2, 1990 in the
amount of $884,617.08. Aye: 5 Nay: 0
The meeting adjourned at 10:12 p.m.
CITY OF EAGAN
? - tA'n A .-ASI'm
*JNnOverbeke, City Clerk
KF
EXHIBIT A
DEMOCRAT
Jean Fontaine
Barbara Shields
James Driscoll
Evelyn Cota
Fran Bohn
John Bellows
James Kennedy
Helen Kenndy
Ruth Twomey
Judy Peterson
Judith Mundahl
Dorothy Peterson
Dorothy Lemay
Sharon Schoeller
Margaret Schreiner
Lorraine Rieger
Vivian Jackson
Lila Bergh
Barbara Schreiner
Kirstin McCleary
Judy Saima
Kris Thayer
Anne Sullivan
Robert Manning
Al Jarvi
Helen Jarvi
Edith Drake
Julianne Keller
Judy Kazda
Walter Lawrence
Suzanne Hoffman
Karen Flood
Beatrice Cooper
Sharon Orth
Joann Arbour
Leo Amundson
Irene Wachtler
Alyce Bolke
June Nelson
Gary Dodge
Sharon Hanson
Mary Kellner
Emily Rodich
Orlean Garness
Stella Lundquist
Pauline Legendre
Frank Hamernik
Pat Rask
APPROVAL LIST OF JUDGES TO WORK
GENERAL ELECTION
NOVEMBER 6, 1990
Jan Giefer
Elaine Jones
REPUBLICAN
Marge Jacobs
Lynn J. Fieman
Lois Agrimson
Rita Dandurand
Gladys Byrnes
Joan Bohlig
Irene D. Kreidberg
Patti Benjamin
Marti Ann Guetzlaff
Nancy Strom
Nancy Hendren
Sharon Astelford
Tracy Jones
Marilyn Porter
Kay Kohlmainen
Lyle Severson
Marilyn McNurlin
Sonya Larson
Marilyn Holm
Gloria Czycalla
Phyllis Ligman
Eleanor Bruce
Jean Kimber
Marilyn Legler
Carol Vihovde
Marcia Miller
Karen Uecker
Bill Skar
Sandi Anderson
Marie DesLauriers
Mark Olson
Barbara Linert
Ethel Groff
Georgia Cummings
Carolyn Thurston
Aurelia Poppler
Marvel Thorne
Zella Mirick
Marcia Miller
Patricia Kaeder
Rose Vimr
Kay Dodge
Terri Berkness
JoAnn George
Darleen Formanack
Emily Medin
Adeline Buehler
Michelle Skindelien
Iona Ray
Lynn Prazak
Marie Lane
Mary Teske
Ann Ouradnik
Barb Nuttall
Neal Black
Judith Miller
e f 1?J
MIN13TFS OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
October 16, 1990
A regular meeting of the Eagan City Council was held on Tuesday, October 16, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges recommended the following changes to the agenda:
Consent Agenda, Item I, Contract 90-16, Receive Bids/Award Contract (Woodlands North - Streets
& Utilities), Continue to the November 8, 1990, regular City Council meeting.
New Business, Item E, Special Use Permit, Peace Reformed Church, to Allow the Temporary Sale
of Christmas Trees, Request from the applicant to remove item from consideration.
0
Wachter moved, Gustafson seconded, a motion to approve the agenda as amended. Aye: 5 Nay:
Wachter moved, Gustafson seconded, a motion to approve the minutes for the October 2, 1990,
regular City Council meeting as presented. Aye: 5 Nay: 0
COMMUNITY DEVEL OPMENVT/WOODLANDS NORTH
After introduction by Mayor Egan, City Administrator Hedges said that staff had received a request
from the developer to increase the number of single family lots in the Woodlands North Addition from 12
to 13. He said access to this lot would be off Elrene Road. The City Administrator said that the Director
of Public Works had indicated there would be a change in the assessments because of the direct access onto
Elrene; however, no problems were anticipated.
Director of Public Works Colbert said that there would be no problems with services as Elrene is
scheduled to be upgraded in the spring and the curb cut and utilities will be provided with that upgrade.
Mr. Colbert added, however, that if this is approved, the condition of preliminary plat restricting direct
access onto Elrene Road would have to be modified.
Director of Community Development Runkle said that looking at the total development plan for
the Woodlands North, a one lot increase is insignificant. He suggested the change in lot alignment could
be picked up with the final plat. Councilmember Wachter asked what the dimensions of the new lot were
and Mr. Runkle indicated that it would be approximately one acre; more than large enough to accommodate
a single-family home. Mr. Runkle said the rest of the "triangle" of property will be incorporated into the
R-4 portion of the development. He added that since the number of units under the R-4 zoning was
capped at 200, it would not change those numbers.
Page 2/EAGAN CITY COUNCIL MINUTES
October 16, 1990
Although no formal action was required, it was the Council's determination that the addition of
a one-acre, single-family lot was not significant enough to warrant sending the development back through
the process; therefore, the inclusion of this lot will be handled with consideration of the final plat.
POLICE DEPARTMENT/HUMANE SOCIETY REQUEST
After introduction of the item by Mayor Egan, City Administrator Hedges said that Mr. Dean
Weigel from the Dakota County Humane Society was present to discuss whether funds from the City were
still budgeted for the shelter they intend to establish in Dakota County. Mr. Hedges said the Humane
Society would like to receive an allocation of those dollars so that when they negotiate a lease or purchase
of a building, those funds will be readily available. He said that one option the Council could consider
would be to earmark these dollars for the Humane Society with the commitment that these funds will be
released at the time of a lease or purchase acquisition. Mr. Weigel said his organization is very close to
making a move on a building for a shelter.
Councilmember McCrea asked if it would be appropriate to keep the money within the City and
provide a letter of commitment to the Humane Society for the funds. City Administrator said that such
a procedure would be appropriate and in keeping with the other cities in Dakota County.
McCrea moved, Pawlenty seconded, a motion to provide a letter to the Humane Society
acknowledging the commitment of $21,278 for the shelter and that the money will be released once a
decision is made on the actual location. Aye: 5 Nay: 0
Before approval of the Consent Agenda, Mayor Egan asked that Item H, Contract 90-12, Elrene
Road - Streets and Utilities, be discussed. The Mayor said he understood that the bids were to be rejected,
but said he found it incredible that the bids were 24% over feasibility report estimates and almost 6% over
the engineer's estimate and then Contract 90-16 (Item I) for the Woodlands North -Streets and Utilities,
came in 21.4% under the feasibility report estimate and 17.2% under the engineer's estimate. He said he
had questioned several bid results this year and was quite concerned about the bid results to be discussed
later on in the agenda. He asked if there was an explanation why one was so far over estimate and the
other so far under.
Director of Public Works Colbert said that the feasibility report for Contract 90-12 was put together
in May and June and hence, before completion of the West Publishing 4th Addition and before the platting
of the Woodlands North Addition. He said many assumptions had to be made as to what the final
configurations would be. Mr. Colbert said that during the platting of those two significant developments
(which are on either side of Elrene) there were additional utility modifications and additions to the contract
to accommodate the final design. He said if the City were to add the extra work that was requested of the
adjacent developments to the feasibility report and then compare the bids, the bids would have come in at
about 12% over. He said that would not have been as drastic but still more than the 10% they like to keep
bids under. The Director of Public Works said that some of the higher costs could be attributable to the
speculation of developers over the price of oil next spring because that is the timing of the street
improvements.
Mr. Colbert said that the reason the Woodlands North bid came in so much closer to estimate was
because the final plat, revision to the final plat, feasibility report, revised feasibility report and detailed plans
and specifications were done simultaneously within the later part of August and early September. He said
they were very accurately compiled and held no surprises as there was no time delay. As a matter of fact,
Page 3/EAGAN CITY COUNCIL MIN .TEES
October 16, 1990
he said they may have overestimated the impact of the oil shortage on these particular projects. He said
the difference in the bids was more a matter of their timing.
Director of Public Works Colbert said staff was recommending rejecting the bids for Elrene Road
because of the cost overrun. He said if the project were rebid next spring, it is possible they would get
better prices; however, the bid would be for Elrene as well as Kost Road. He said staff will recommend
that the grading and utilities for Kost Road be added to the Woodlands job by change order thereby taking
advantage of the better prices associated with that project. In addition, combining this project and having
it done by the same contractor would provide better construction coordination rather than having two
different contractors trying to meet at the same place at the same time. Mr. Colbert said it would mean
better efficiency and better economy to reject the Elrene Road bids and come back on November 8 with
the final plat for Woodlands North and then reconsider the bids for that contract as well as considering a
change order to add a portion of trails and road. He said that delaying Elrene Road until next spring
would not have any impact on any of the developments and may result in better prices.
Discussion then turned to Item K and the name change of a portion of Mike Collins Drive. Mayor
Egan said he appreciated staff input and thought it appropriate to note the different uses north and south
of the county road. Councilmember Wachter said he was opposed to the change and saw nothing wrong
with the existing name. City Administrator Hedges said a number of these requests are received each year,
however, if public safety is an issue, staff tries to discourage such changes and only a few are ever taken
to the City Council.
Mayor Egan wished to point out that the week of October 22 -28, 1990, had been designated as
Red Ribbon Week in the City. Red Ribbon Week is a national effort that has been established to create
awareness of the drug problems facing communities, to establish effective parent/community teams across
the country, and to support drug free, healthy lifestyles.
A. Personnel Items
1. It was recommended that the hiring of Judy Forde as a Recreation Program Instructor, Marilynn
Grant as a Recreation Program Instructor, Kathleen Haag as a Recreation Program Assistant, Cynthia Olson
as a Recreation Program Assistant and Patricia Soldner as a Recreation Program Assistant be ratified.
B. Proclamation, Red Ribbon Week, October 22 - 28, 1990 R 90.79
It was recommended that the week of October 22-28, 1990, be proclaimed as Red Ribbon Campaign
Week in the City of Eagan.
C. License. Plumbers
It was recommended that a plumbers license for Leon Duda Plumbing Services, Inc., be approved.
D. License, Water Softener
It was recommended that a water softener license for Milbert Company be approved.
E. Receive Request for Reconsideration]Schedule Public Hearing, Crown Coco, Inc., Denial of
Conditional Use Permit/Variance for Pylon Sign
It was recommended that a request for reconsideration be received and a public hearing scheduled
for the Board of Appeals and Adjustments at the November 20, 1990, regular City Council meeting to
Page 4/EAGAN CITY COUNCIL MINUTIES
October 16, 1990
consider an appeal of the denial of a conditional use permit for a pylon sign to allow a variance of 23 feet
in pylon sign height for a sign at their gas station at 4195 Nicols Road.
F. Vacate Public Right-of-Way, Receive Petition/Order Public Hearing (Wescott Garden Lots -
Cedar, Rodger & Birch Street
It was recommended that the petition be received to vacate public right-of-way (Wescott Garden
Lots - Cedar, Rodger & Birch Streets) and the public hearing was ordered to be held November 8, 1990.
G. Vacate Public Right-of-Way, Receive Petition/Order Public Hearing (Thomas G. Slater Addition
- Rusten Road)
It was recommended that the petition be received to vacate public right-of-way (Thomas G. Slater
Addition - Rusten Road) and a public hearing scheduled to be held on November 8, 1990.
H. Contract 90-12, Receive Bids/Award Contract (Elrene Road - Streets & Utilities)
It was recommended that the bids be rejected for Contract 90-12 (Elrene Road - Streets &
Utilities).
I. Contract 90-16, Receive Bids/Award Contract (Woodlands North - Streets & Utilities)
It was recommended that the bid award for Contract 90-16 (Woodlands North Addition - Streets
& Utilities) be continued to the November 8, 1990, regular City Council meeting and that consideration
be delayed until after action has been taken on the final plat.
J. License, Beer & Wine, Cactus Flats Restaurant/2113 Cliff Road
It was recommended that a wine and beer license application for Cactus Flats Restaurant (formerly
Broadway Pizza) at 2113 Cliff Road be approved.
K Consideration, Change Name of Street fron Mike Collins Drive to Ivv Lane
It was recommended that the street name from Mike Collins Drive (south of Yankee Doodle Road)
be changed to Ivy Lane as requested by the Robert Engstrom Companies. (Note exception on Consent
Agenda vote).
L. Agreement, 1991 Joint Powers for South Metro Drug Task Force
It was recommended that the 1991 Joint Powers Agreement for the South Metro Drug Task Force
be approved.
Gustafson moved, McCrea seconded, a motion to approve the Consent Agenda as amended. Aye:
5 Nay: 0 (Wachter taking exception to Item K, Street Name Change from Mike Collins Drive to Ivy
Lane).
Because the Public Hearing could not begin prior to 7:00 p.m., two items from the Administrative
Agenda were heard at this time.
y V ?A
Page 5/EAGAN CITY COUNCIL MINUTES
October 16, 1990
7 D... ar"IR ' OBAE DIGITAL TERMINALS
City Administrator Hedges said it was the staff's recommendation that the low bid submitted by
Electro Com Automation, Inc., be accepted. Police Chief Geagan then added information about the 2 1R
year process that has brought the City to this point. He also commended Operations Captain, Ken
Aszmann, on the work he had put into this process and added that because of his extra work, Captain
Aszmann had likely saved the City $5-10,000 in consulting fees.
There was no public comment.
Gustafson moved, Wachter seconded, a motion to award the bid for the mobile digital terminals
for the Police Department to Electro Corn Automotion, Inc., in the amount of $136,152, including Option
13 for uninterruptible power supply at $1,356 and Option 15 for Ericsson-General Electric, mobile radio
and antenna at $1,100 with the overage to be paid from current dollars existing in the capital improvements
portion of the Eagan Police Department budget. Aye: 5 Nay: 0
JAMES ENCROACHMENT/CARLSON LAKE PARK
The City Administrator said that in preparation of the development of Carlson Lake Park, a survey
was performed by OSM confirming its boundaries. He said at that time it was discovered that a portion
of the driveway of Richard and Patricia James at 1345 Cosmos Lane, extended approximately 5 feet into
park property. Mr. Hedges said that Director of Parks & Recreation Vraa had met with the City Attorney
and Mr. & Mrs. James and it was their determination that rather than move the driveway, a license could
be offered to the James's to use the property.
Councilmember McCrea asked if such an arrangement would impair the sale of the property in the
future. City Attorney Sheldon said that it should not impair the sale of the property but the license would
be revocable at any time by the City, would not be transferrable and any future owner would have to
reapply for the license. When asked if there were other methods less cumbersome, the City Attorney said
that unfortunately the property is dedicated parkland and any change to that status would require sending
notices to all residents within the plat and a hearing before the district court. Councilmember McCrea
asked the City Attorney if Mr. & Mrs. James understood that the license was not transferrable. City
Attorney Sheldon said that the issue had been thoroughly discussed with the James.
Councilmember McCrea asked, if necessary, could the entire driveway be located on the James'
property. Director of Parks and Recreation Vraa said that it could be moved on their property with a
variance; however, the license appeared to be the best and easiest handling of the issue.
Councilmember Gustafson asked if the license runs with the owners and if so, could it run with the
property. City Attorney Sheldon said the license is a personal as opposed to a land interest and there is
no land interest created in the license.
Gustafson moved, Egan seconded, a motion to approve the granting of a license to Mr. & Mrs.
James, who reside at 1345 Cosmos Lane, to allow continued use of a driveway which encroaches
approximately five (5) feet into Carlson Lake Park property. Aye: 5 Nay: 0
Page 6/EAGAN CITY COUNCIL MINLTIES
October 16, 1990
IDB'S/PARK NICOLLET CLINIC
After introduction by Mayor Egan, the City Administrator said that this was a public hearing to
consider the issuance of industrial development revenue bonds for the Park Nicollet Clinic. City
Administrator Hedges said that the City Council had considered the application at the September 18
meeting and had authorized the public hearing to receive public input on the issue.
Mayor Egan asked if there was any comment from the public and there was none.
Councilmember Wachter asked if the issue was complicated by working in cooperation with the city
of St. Louis Park. City Administrator Hedges said the City has worked with other cities in the past with
no problems. He said there is a cost savings on a joint issuance but no exposure risk to the City because
of the joint issuance.
City Attorney Sheldon asked the representative from Park Nicollet if they were satisfied that there
is ample documentation in their files to substantiate the findings that the City was making at the public
hearing. Jerry Gilligan of the Dorsey law firm said they believed there was as far as the public purposes
being served by the issuance of the bonds. Mr. Sheldon asked if they had adequate evidence of
documentation in their files to substantiate the other requisite findings. Mr. Gilligan said yes. Mayor Egan
said the City would rely upon this representation.
Councilmember Pawlenty moved, Gustafson seconded, a motion to close the public hearing and
approve a resolution for the issuance of industrial development revenue bonds for Park Nicollet Clinic in
an amount not to exceed $3,225,000. Aye: 5 Nay: 0
Councilmember Pawlenty moved, Gustafson seconded, a motion to provide for the execution of the
joint powers agreement resolution to allow the City of St. Louis Park to act as the issuer of the industrial
development revenue bonds. Aye: 5 Nay: 0
ADAMS OUTDOOR ADVERTISING
After introduction by Mayor Egan, City Administrator Hedges said that a request had been received
from Adams Outdoor Advertising asking for a refund of the conditional use permit application fee
associated with their billboard request. Mr. Hedges said Adams had suubmitted their application just prior
to the one-year moritorium placed on billboard sign applications within the City. Mr. Hedges said that staff
was recommending a return of the entire fee to remove any suggestion that Adams Outdoor Advertising
had an application pending before the City Council.
Wachter moved, Gustafson seconded, a motion to approve the refund of the entire fee paid to the
City of Eagan by Adams Outdoor Advertising for a conditional use permit application. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/SAFETY KLEEN
McCrea moved, Wachter seconded, a motion to continue further consideration of the Safety Kleen
conditional use permit application until the November 20, 1990, City Council meeting. Aye: 5 Nay: 0
Page 7/EAGAN CITY COUNCIL MLNU S
October 16, 1990
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA F.IMULTIFAMII Y RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, City Administrator Hedges said that a number of persons were
in the audience regarding this item. He then provided background on the Multifamily Residential Land
Study and Area E in particular. Mr. Hedges said that consideration of a comprehensive guide plan
amendment and rezoning of Area E had been before the Advisory Planning Commission at their August
28 meeting and they had recommended approval. Mr. Hedges said that if the Council so desired,
consideration could be given to a continuance so that there could be a neighborhood informational meeting
to better understand what the issues are. He then asked that the Director of Community Development
make a brief presentation.
Director of Community Development Runkle said that Area E is one of 16 areas being studied by
the City as part of the Multifamily Residential Land Study. Mr. Runkle said that the eastern 25 acres of
Area E was the parcel that originally started the Study. He said that after looking at land uses, alternatives
considered for the area included Limited Business and R-2. However, after looking at the adjacent roadways
and adjacent zoning, Mr. Runkle said it was determined that residential may not be the best alternative for
the long term. Mr. Runkle said it may be appropriate to include same LB or LI or other uses with very
definite breaks because the topography separates the parcels along a bluff line. Mr. Runkle said the best
solution that came out of their study of the entire 105 acres with no specific development plan, would be
to guide the property to Research & Development and thereby taking the area out of a residential use in
the future and guiding it to some very restrictive uses. Mr. Runkle said some Light Industrial may work
its way into the area but it would be on a case-by-case basis as development occurs and specific proposals
came through.
Mr. Runkle said the APC had reviewed the proposal. Some of the concerns to come out of that
meeting included neighborhood concerns regarding whether residents could rebuild if the land use were
changed; could they rebuild their existing homes. The other issue in questions was in regard to taxes and
the valuation of the properties. Mr. Runkle said they had a meeting with one of the County Assessors to
attempt to get an understanding of this parcel as well as other parcels in the community and how they
establish the taxes and set the valuation. He said a memorandum had been provided with the packet and
it said basically that each parcel is looked at individually as to the highest and best use. Mr. Runkle said
that the comp guide is the document the County is using for a long term view of what the highest and best
uses could be. He said other factors do come into play such as availability of utilities to the property and
the availability of undeveloped land with utilities in the immediate area. He pointed out that even though
a parcel may be comp guided or have a use that may increase its potential value, the use at the present as
residential may be the highest use for a number of years before the valuation actually increases or taxes
increase on the property. Mr. Runkle said that the assessor also indicated that statute requires that 25%
of the community be reevaluated each year or a total reevaluation every four years. He said that with the
development that is occurring in Dakota County and with the number of assessors, instead of every four
years it would be unusual if they got through the reevaluations every six years. The Director of Community
Development said that an evaluation had just been completed within the community and if the City rezoned
or changed this land use, it would probably be six years before it is reevaluated. In summary, Mr. Runkle
said there is no set guideline for property taxes and every parcel is looked at on a case by case basis and
weighed with the surrounding parcels.
Mayor Egan said of the 16 parcels reviewed by the Council, this was the one with the most issues.
He said that one landowner looked forward to a more intensive type of commercial development yet most
of the residential neighbors were concerned about any form of commercial development. Mayor Egan said
Page 8/EAGAN CITY COUNCIL MIND rES
October 16, 1990
the proposal was for a research and development use of the property; however, there were no current plans
for development that he was aware of. He said a study had been done about two years ago on limited
business for this land but there are many limitations on the uses for that type of commercial district.
Mayor Egan added that it is important for the neighbors to understand that the intent of the study was to
try to upgrade land uses in the community for everyone's benefit. He said it was not taken at the initiative
of any developer or any developer's plan and if discussion were entered into with that understanding, it may
simplify the issue.
Mr. Stan Piekarski, 3350 Highway 55, said the last time the comprehensive guide plan was changed,
his taxes went up and his Green Acres status was lost. Mr. Piekarski said it took 10 years to change it and
when it was finally changed back, the assessor's office said it shouldn't have been changed to begin with and
should have remained agricultural. He added, however, that even having said that, the County would not
refund the additional taxes that had been collected. He asked if they would receive any guarantee or written
statement that taxes would not go up and his Agricultural status would stay the same. Mayor Egan said
he wished the City could but in light of County policies, there were no assurances.
Mayor Egan said this was somewhat of a lateral rezoning. He said he didn't know if it was an
improvement but he didn't feel it was a detriment. The Mayor said he was not suggesting that a higher
intensity use could not go into Area E, but R&D is a very low intensity type of district. The Mayor said
he thought the City of Eagan had more Limited Business and undesignated but zoned LB districts than any
other commmercial district in the City.
Councilmember Wachter said that R&D was a reasonable land use for these properties. He said
he would like to see this designation but without assurances from the County that the taxes would not go
up, he was very reluctant to vote in favor.
Councilmembers McCrea and Pawlenty shared these concerns. Councilmember Pawlenty said he
did not think it was worth putting the property owners at risk of higher taxes. He then asked City Attorney
Sheldon whether the City's hands would be tied if in the future someone bought this parcel and came in
with a D-II application. He asked if it would be more difficult at that point to say the applicant could not
have a D-II classification. City Attorney Sheldon said the property was comp guided as D-II but zoned
residential/agricultural in most instances. He said an applicant was entitled to come in and apply for the
D-II classification; however, current law gives zoning precedence over the Comp Guide. He went on to say
that those persons would definitely have an advantage in terms of the City's guide plan showing a D-II
classification but it would not necessarily mean that it would be automatic or that it must be rezoned. Mr.
Sheldon said the test would be the same as for any other rezoning and that would be whether the City's
action is reasonable and whether that action had a factual basis and legally sufficient reasons to support it.
Wachter moved, Pawlenty seconded, a motion to deny a Comprehensive Guide Plan amendment for
Multifamily Residential Land Study, Area E.
Aye: 5 Nay: 0
RESOLUTION/MEIROPOLTTAN SYSTEM PLANS R 90.80
After introduction by Mayor Egan, City Administrator Hedges said the Metropolitan Council had
requested a resolution indicating that an amendment to the Eagan Comprehensive Guide Plan will not be
necessary to conform with Metropolitan Systems plans. Mr. Hedges said that this resolution is a technicality
and there will be other sections requiring change, however, the only aspect of transportation being addressed
in this resolution is light rail.
Page 9/EAGAN CITY COUNCIL bIINUTFS
October 16, 1990
Mayor Egan asked the Director of Community Development whether he felt the City's plan was
still consistent in view of the Metropolitan Council amendments to their aviation and light rail transit
policies. Community Development Director said he did not have the specifics of the amendments but he
thought Eagan's Comprehensive Guide Plan in relationship to aviation and light rail transit was vague
enough to fit with any new Met Council policies.
McCrea moved, Pawlenty seconded, a motion to authorize a letter of transmittal and resolution
indicating a determination that an amendment to the Eagan Comprehensive Guide Plan will not be
necessary to insure conformity with Metropolitan Systems plans. Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/JERRY THOMAS
Mayor Egan introduced the item and City Administrator Hedges added that Jerry Thomas of 4889
Pilot Knob Road, was requesting a special permit for bow hunting for deer and occasional shotgun hunting
for geese on his property. Mr. Hedges said any shotgun hunting would require the establishment of a
special hunting season by the City Council for the purposes of wildlife management and all hunting would
occur within dates established by the State.
Mayor Egan asked that Mr. Thomas provide all license numbers of vehicles used in the hunting
party and Mr. Thomas said the hunting would be done only by family members.
Councilmember Gustafson pointed out that, if approved, this would be the first wildlife management
permit for firearms the Council has authorized south of Highway 13. He said he was only raising the issue
as he had concerns about additional requests and would prefer that these permits remain between Highway
13 and the river.
Councilmember McCrea asked if the discharge of firearms could be heard in surrounding housing
area. Mr. Thomas said it was possible, however, the sounds would be no louder than when homes were
being built, etc. Councilmember Pawlenty asked if there was any chance that pellets would leave the
Thomas property. Mr. Thomas said they would not as, unlike a rifle, shotgun pellets are scattered and
projected over a shorter distance.
Gustafson moved, Egan seconded, a motion to approve a request by Jerry Thomas for a special
hunting permit for property owned by Mr. Thomas and adjacent property the Diamond T Ranch leases from
John Brown for bow hunting of deer for the remainder of October through December 31, 1990, and use
of a firearm for purposes of wildlife management. Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/RONALD CORNWELi.
After introduction by Mayor Egan, City Administrator Hedges said that this was a request from
Ronald Cornwell, 5200 Willson Road, Minneapolis, for a bow hunting permit for property owned by the
applicant in the City. There was no representative present for the applicant.
Councilmember McCrea said she does not like hunting in the City but if permits are to be allowed,
she thought applicants should at least be present to answer questions thereby allowing the Council to get
an impression of the integrity of the applicant.
Mayor Egan questioned why the applicant had included the name of the Meter Company in his
application considering the relationship between that particular party and the City. He then indicated he
had concerns about safety as the property is adjacent to the freeway. He asked City Attorney Sheldon if
the City faced any greater exposure or greater liability in approving a hunting permit for acreage adjacent
-
Page 10/EAGAN CITY COUNCIL MINUTES
October 16, 1990
to the freeway if because of the hunting an animal is "spooked" onto the freeway. The City Attorney said
that any time an activity is licensed it does not necessarily make the City a guarantor of that activity but
the City Council has the opportunity to get answers from the applicant and to look into all those issues
at the time of issuance of the license. Mayor Egan also mentioned a negative escrow account belonging
to the Bieter Company and asked the City Attorney if it were appropriate to make payment of this account
a condition of approval. City Attorney Sheldon said the issue of City approval would require a reasonable
nexus to those things being asked for and there would have to be a reasonable connection between the
negative escrow and the approval of the license.
Councilmember Gustafson said he did not think it was necessary to require people to be present
for an application when the Council knew the person, knew the land and had given permission previously
for adjacent land. He said he thought the applicant was being asked to meet requirements not asked of
others. Because he did not believe the applicant was being treated fairly, he said he would abstain from
voting on the application.
Councilmember McCrea said the Council had the right to ask for the personal presence of anyone
requesting a hunting license. She said she has been against the issuance of hunting permits in Eagan and
said it is important that the applicant be present so they can understand how serious the Council thinks
granting a license is. The Councilmember said she would move continuance and once again request the
applicant to attend in person.
Councilmember Pawlenty asked Councilmember Gustafson the basis for his abstention.
Councilmember Gustafson said he had never heard before that it was a stated prerequisite for approval that
an applicant be present. He said other issues had been approved without the applicants being there and
only asked that all applicants be treated equally.
Mayor Egan said he could think of any number of items where the issue was continued because the
applicant was not present. He said at issue was the regulation of what could be considered a potentially
dangerous activity and an activity that has been restricted with the exception of permits for special hunting
uses. Mayor Egan said it is generally assumed that the applicant will be present for that type of use. In
addition, Mayor Egan said that staff had indicated to the applicant that he should be present.
Councilmember Pawlenty said that since staff had stressed the importance of the applicant being present,
he thought they should be present. He said he would support a continuance.
McCrea moved, Wachter seconded, a motion to continue to the November 8, 1990, regular City
Council meeting a request by Ronald G. Cornwell for a special hunting permit for property he owns for
bow hunting of deer from the date of approval through the end of the season on December 31, 1990. Aye:
4 Nay: 1 (Gustafson)
SPECIAL USE PERMIT/PEACE REFORMED CHURCH
SALE OF CHRISTMAS TREES
As indicated in the approval of the agenda, this item was withdrawn at the applicant's request prior
to the meeting and, therefore, no action was taken.
SPECIAL USE PERMIT/KNOB HILL PROFESSIONAL PARK
SALE OF CHRISTMAS TREES
Wachter moved, McCrea seconded, a motion to approve a special permit application for Bill Brabec
to allow temporary Christmas tree sales at the northwest comer of Knob Hill and Pilot Knob Road subject
to the following conditions:
Page 11/EAGAN CITY COUNCIL MINUTES
October 16, 1.990
1. This Special Use Permit is temporary and shall be valid from November 19, 1990, to January
11, 1991.
2. No parking shall be permitted on Pilot Knob Road
3. The lighting shall not shine directly onto Pilot Knob Road.
4. all other applicable code requirements shall be met.
Aye: 5 Nay: 0
VARIANCI /JOHN VAUGHN
After introduction by Mayor Egan, City Administrator Hedges said that a 13' variance to the
established side yard setback of 38' from the public right of way had been considered and approved for Mr.
Vaughn at the August 7 City Council meeting. Since that time, Mr. Vaughn has reevaluated his
requirements and is asking for an additional 3'.
Wachter moved, Gustafson seconded, a motion to approve a variance for an additional three feet
to the previously approved variance of 13' to the established side yard setback of 38' from public right of
way for John Vaughn, 1670 Mallard Drive, subject to the following conditions:
1. The building expansion/addition shall match the materials and appearance of the existing
structure.
2. All applicable City Ordinances.
Aye: 5 Nay: 0
PRELIMINARY PLATS ADDITION
After introduction by Mayor Egan, City Administrator Hedges said the item for consideration was
a preliminary plat for the Heller Addition, consisting of four lots on approximately 2.6 acres of R-1
property, and the APC had recommended approval. Mr. Hedges then pointed out two issues regarding
aircraft noise guidelines that were being recommended as conditions of approval.
Director of Community Development Runkle then provided information on the proposed plat and
its location. Mr. Runkle said it was the recommendation of the staff that since the Hellers are now in the
process of platting the property and taking advantage of the utilities and streets as installed by the City, that
a condition of preliminary plat for Heller Addition require that the Hellers waive any right to object to the
assessments associated with City Project #543.
Mr. Rick Sather, an engineering consultant representing the Hellers, said they had just become
aware that there was another area that needed to be addressed. He said they did not fully understand the
situation and he was interested in knowing how the aircraft noise standard was applied and bow broad it
was. He asked if the ordinance was City wide or just applied to developments that are identified to have
a problem. City Administrator Hedges said that the Metropolitan Council had developered the airport noise
compatibility standard which the City was attempting to follow in these additions. Mr. Hedges said these
conditions are being proposed for the protection and well being of future residents. Mr. Sather said that
everybody should be protected against noise and if something must be done to insure this protection, that
would be fair. However, he wanted to know if they would be at a competitive disadvantage with their lots
versus other lots in the area. Mr. Hedges said Mr. Sather was referring to the Prettyman subdivision. Mr.
Hedges said that noise related conditions were not made a part of the Prettyman platting process. Mr.
Hedges suggested that they be put on notice that they make every effort to comply voluntarily. Jon
Hohenstein, Assistant to the City Administrator, said that a guidebook is available from the Metropolitan
I1
Page 12/EAGAN CITY COUNCIL MINUTES
October 16, 1990
Council as to the compatibility standards. He said the standards are not onerous and are more 'detail"
items, such as, 2" X 6" walls, caps on chimneys, elbows on vents, etc. Councilmember Wachter said that
these same standards could be interpreted as energy conservation measures.
Mayor Egan then asked Mr. Sather if it would be beneficial to the Hellers to continue the item.
Mr. Sather said he thought the Hellers would like to move forward. He then asked if at the time of the
building permit, other lots could be required to meet the standards. Mr. Hedges said that these
requirements have only been made a requirement of platting.
Wachter moved, Pawlenty seconded, a motion to approve the preliminary plat for Heller Addition,
consisting of a four lot subdivision of approximately 2.6 acres of R-1 with the following conditions:
1. These standards conditions of plat approval as adopted by Council action on July 10, 1990, shall
be complied with: Al, B1, B2, B3, C2, El, Fl, G1 and H1.
2. The development is subject to a cash dedication fee in accordance with the City's Comprehensive
Water Quality Management Plan.
3. All existing wells and septic systems on the site shall be plugged and abandoned according to
the Department of Health and City requirements.
4. All lots will be required to connect with City sewer and water.
5. The driveway for Lot 2 shall be reconstructed to shift the driveway so it is completely on Lot
2.
6. The builder shall insure that new residential dwellings located within it be designed and
constructed to achieve an interior sound level of 45 dBA.
7. The developer shall insure that he/she shall inform prospective buyers that the subject property
is within an aircraft noise impact area and that the buyer should judge the nature and extent of the impact
personally.
#543.
8. The developer shall waive any right to object to the assessments associated with City Project
Aye: 5 Nay: 0
WAIVER OF PLATICITY OF EAGAN R 90.81
Gustafson moved, Wachter seconded, a motion to approve a rezoning from AG to PF and a waiver
of plat in order to split tax parcel 10-02200-010-02 subject to a favorable action by the Advisory Planning
Commission for the Comprehensive Guide Plan amendment at their next regular meeting to be held on
October 23. Aye: 5 Nay: 0
RECEIVE BIDS/AWARD CONTRACT (STAFFORD PLACE)
After introduction by Mayor Egan, the City Administrator said discussion of the background of this
item had been before the City Council on numerous occasions. Mr. Hedges said bids had been received
and now some questions needed further discussion as to the review of the bids, the situation regarding
easement acquisition and where this project is going.' He said the Council may wish to defer consideration
of the project to the Public Works Committee.
Page 13/EAGAN CITY COUNCIL MINU1 S
October 16, 1990
Director of Public Works Colbert said that this project consisted of three major portions: 1)
construction of a storm sewer from the Braddock Trail low point, along school property, over to an existing
storm sewer system in Northview Park Road and then into the trunk ponding system, thereby intercepting
a significant drainage area from the Stafford Place which presently congregates down to the common rear
lot lines between New York Avenue and Vermont. He said in order to accomplish this significant portion
of the improvement, it would be necessary to reconstruct the intersection of Ventnor Avenue just east of
Braddock Trail to allow drainage to continue down Braddock and prevent it from turning the comer and
getting into the backyard drainage areas. Mr. Colbert said that the other portions related to reconstructing
the intersection of States Avenue with Pennsylvania intercepting drainage from the eastern portion of
Stafford Place and allowing it to continue down Pennsylvania Avenue rather than turning the corner and
getting into Vermont Avenue cul de sac down and into the backyard drainage areas through side lot lines.
The third aspect of the improvement was the construction of additional ponding areas in the rear yard areas
to detain the storm water for a limited time until capacity in the existing storm sewer system was available
to allow it to drain out. In order to do these ponding areas the City would have to do grading in backyards
to create the two detention areas. Mr. Colbert said one other aspect of the project was to repair some of
the erosion problems that result after the restoration from Frontier takes place. He said these plans were
prepared and have been reviewed with the affected property owners. The Director of Public Works said
that all lots impacted would require the City's contractor to enter their property temporarily to do the
reconstruction and restoration. He said of 19 property owners impacted, only 5 had provided any firm
commitment to allow the City to perform this work. He said that due to the lack of ability to obtain rights
of entry, staff had serious reservations about recommending the Council continue with this contract. In
addition, Mr. Colbert said that as a result of the bids, the costs are greater than what was estimated in the
feasibility report or engineer's estimate. He said the engineer's. estimate is higher because of some
additional costs and work with the residents. The Braddock Trail storm sewer bid came in about 7% over
the original feasibility report. The street reconstruction for three areas came in 63% over estimate because
of irrigation systems that had to be relocated, etc., and the backyard drainage areas came in 66% over the
estimate. He said that the biggest impact, however, would be the installation of the storm sewer from the
low point of Braddock Trail including the reconstruction of the intersection at Ventnor. He said that
although the City has not received the consent of the two affected property owners, the changes would be
an improvement so he anticipated agreement. By making these improvements, Mr. Colbert said the low
bid portion of the overall contract would be approximately $75,000 with the other $72,000 relating to the
other intersection reconstruction and back yard construction which staff does not feel is quite as necessary
at the present time. He said that as the development fills out with sod and landscaping, the impact of
severe storms would be less in the future. The Director of Public Works said the Council could consider
awarding a portion of the contract if necessary that would incorporate just the Braddock Trail portion or
award the entire contract and then delete the backyard drainage improvements and interesection
reconstruction until such time as all property owners would agree to the project. He said perhaps it could
be tied to a certain date and if agreement was not reached by that time, a change order could delete that
improvement. Mr. Colbert said a second alternative would be to just award that portion of the contract
that pertains to the Braddock Trail storm sewer and related intersection and then when the residents felt
that there was sufficient need for the City to spend the additional $72,000 and were all in agreement, it
could be rebid or added back in by change order. Mr. Colbert said that the recommendation of City staff
would be to award the contract for the Braddock Trail storm sewer and related intersection only with
anything further to be considered at a later date when the City has full concurrence by all affected property
owners.
The Mayor asked if it was likely the contractor would be unhappy about receiving the contract and
then having a portion of the project deleted. Mr. Colbert said that the majority of the project is utilities
with the remainder being subcontractor work. Mr. Colbert said that one contractor is the low bidder on
all portions of the contract, regardless of which options are chosen.
Page 14/EAGAN CITY COUNCIL MINUTES
October 16, 1990
After stating that he saw no reason to take the issue back to the Public Works Committee,
Councilmember Wachter moved, McCrea seconded, a motion to award the Braddock Trail and Ventnor
Avenue intersection portions of Contract 90-14, Stafford Place - Drainage Improvements, to the lowest
responsible bidder and that the remainder of the contract not be awarded until all impacted property owners
agree to the improvement.
Mayor Egan said the City had made its best effort to solve this problem and the entire
neighborhood could benefit from a cooperative effort of the neighbors. While he knew it was for different
reasons, Mayor Egan said it was difficult for the City to try to solve this problem when only 5 of 19
property owners are cooperating.
Mr. Blaine Duxberry said he had been engaged in this process for a little over a year. He said
progress must have been made as the first night the chambers were full of neighbors from Stafford Place
and now only three residents were present. He thanked the Council for addressing the problem and he
asked that they not allow the neighborhood to go into winter without something being done. In addition,
since Mr. Duxberry said his backyard has been a 'collection point" for 55 acres of drainage, he asked the
Council to consider some restoration of his backyard. He also said if the entire project was not going to
go forward, his backyard would continue to be a problem.
Director of Public Works Colbert said that historically when staff has received these types of
requests, the property owners have been informed that the restoration of their yards is their responsibility.
He said that the City was spending $75,000 to fix the problem and if all property owners would sod their
property and if Frontier would hold to their responsibilities, the problem could be solved.
Councilmember McCrea said based on some of the restoration requests, she was concerned about
setting a precedent. Mayor Egan said he concurred and added that it would set an adverse precedent to
fix some properties while deleting the project for so many other homeowners.
Ms. Judy Ryan, a real estate agent from Coldwell Banker, said that some day these property owners
would be sellers and if the word on the street is that Stafford Place has a problem, it may not be in their
best interests to stand in the way of a solution.
Mr. John Glynn said he appreciated the Council's efforts but said he was reluctant to stop now and
perhaps additional meetings were in order. He said they needed the Council's support.
City Administrator Hedges said that Mr. Glynn had approached his office with an estimate for tree
replacement on his property. Mr. Hedges said estimates should go to Frontier and that the City would
support the neighbors in their restoration efforts with Frontier.
Director of Public Works Colbert said he had reservations about continuing with the other segments
of the improvements as once Stafford Place is fully developed and landscaped, most of the drainage
problems in the Stafford Place development would be solved. He said to his knowledge there had been
erosion problems only and no structural damage or flooding of homes. Mr. Duxberry said it was premature
to suggest there had been no structural damage. He said that would have to be evaluated.
Councilmember McCrea said she had significant concerns about incurring additional staff and
attorney time to "beg" property owners to give the City rights of entry to their properties to fix something
that is to their benefit. She said she would not support any additional staff time in this development as
the residents of Stafford Place had come to the City Council asking for help in fixing this problem, and then
after spending many hours of staff time, they now refuse to give rights of entry on their property.
Page 15/EAGAN CITY COUNCIL MINUTES
October 16, 1990
Mayor Egan said the City could live with just the portion of the project along Braddock because
of the lack of cooperation; however, in good faith, he said he believed it should be kept in place until staff
persuaded the City Council that it is prudent to delete that portion. Up to this point, other than the fact
that there has been a lack of cooperation by adjacent property owners, he said he had not seen any
engineering reasons to delete a portion of the project. Councilmember McCrea said that perhaps the
direction should be to work with the engineering consultant. Mayor Egan suggested a friendly amendment
to the motion before the Council that the entire project remain in place unless or until staff provided
Council with sufficient justification to formally delete that portion of the project.
Director of Public Works Colbert said that Engineering was recommending only a portion of the
project not just because of the lack of cooperation of property owners, but also because of the bids were
well beyond what had been estimated as feasible. Mr. Colbert said after looking at cost estimates, it would
be difficult from an engineering perspective to recommend these additional inprovements.
Councilmember Pawlenty said he was disappointed by the lack of cooperation of the neighborhood
on this project. He said he thought they were going in the right direction in terms of moving ahead with
the first segment but was concerned about demands from certain property owners for compensation for
additional improvements. He added that if staff goes back with the direction of trying to work this out, they
need to be mindful of how many dollars the City is willing to pay. He said an agreement could probably
be reached if demands are met but those demands could get very expensive for the City. The
Councilmember said if negotiations were to continue with the neighbors it should be with the understanding
that the dollars are not going to get out of control. He said he did not think the City should go out for
bids until such time as all neighbors were in concurrence. Mayor Egan said there are limits on what the
City could do. He said there are other similar situations and the City could not devote the time and
attention to a neighborhood to try to get them to cooperate. He the project was undertaken to benefit the
neighborhood and is a collective neighborhood issue but there are limits as to what the municipal
responsibility is to the neighborhood.
Councilmember Wachter said the City should go ahead with the first portion of the project and
delete the second portion. Further, he said that the rest of the project should not be considered until that
time when the residents come to the City with their requests and a unanimous opinion that they will work
with the City. He questioned whether the second portion of the project is really needed and said perhaps
the first portion would solve the problem.
Councilmember McCrea said she would like to see to project remain whole, however, she did have
concerns about offering personal property owners restoration dollars. She said each year there are major
problems and questioned where it would stop.
Councilmember Gustafson said it was his recollection that $5,280, or Item H of the costs listed in
the feasibility report, was earmarked for restoration. He said it may have been eliminated since it was put
in the project, however, at one time it had been included. He said if the Council was changing its mind
and didn't want to do any restoration, he was unaware of it. The Councilmember said after having made
the decision to go in and make the improvements, the Council has repeatedly received modified plans. In
addition, Engineering has maintained from the outset that when Stafford Place is sodded and established,
many of the problems will be eliminated. Councilmember Gustafson said that if the Council voted to go
ahead with the first part of the project, he recommended that the balance be considered only when and if
the neighbors came to the Council with the package they had all unanimously agreed to and at that time,
Council could consider completing the package, including restoration. Councilmember Wachter said the
motion for consideration was to complete the Braddock Trail segment of the project including the Ventnor
rcr--'
Page 16/EAGAN CITY COUNCIL MINUTES
October 16, 1990
intersection and if the residents came back and said they were willing to work with the Council and staff,
then he would be receptive to further improvements.
Aye: 5 Nay: 0
GIBRALTAR DRAINAGE STUDY
McCrea moved, Gustafson seconded, a motion to direct the Public Works Committee to meet with
Mr. Jerry Borden of Bonestroo, Rosene, Anderlik and Associates, the Director of Public Works and the City
Administrator to discuss and prepare a findings regarding the Gibraltar drainage study. Aye: 5 Nay: 0
REQUEST TO CHANGE CONDITION ON SPECIAL USE PERMIT
U S WEST NEW VECTOR
After introduction by Mayor Egan, the City Administrator said that a letter had been received from
Mr. Bill Buell, of Dahlgren, Shardlow and Uban, asking for reconsideration of one of the conditions placed
on the Special Use Permit for U.S. West New Vector. He said they are asking that the driveway on the
Safari Reservoir site be widened to 10' rather than the "6 or 7 feet" already approved with the permit. Mr.
Hedges said the question has been raised that if an application is approved and a change is made to a
condition, should the item go back through the process. He said that the City's Public Works Department
agrees that 6' is not adequate for a driveway to service the facility and is a legitimate concern from New
Vector's point of view. Mr. Hedges said that Paul Thomas of Meritor had contacted City offices and
indicated they were aware of the issue and would appreciate an opportunity to be heard regarding a change
in conditions. Councilmember Pawlenty asked why Mr. Thomas was not present if he wished to be heard
on the issue. Mr. Hedges said Mr. Thomas indicated they had not been officially noticed on the issue.
Director of Community Development Runkle said that in processing the application, it was the
condition in question had been reached with the input of affected properties. He said that changing it
without getting additional input, would negate the process. Councilmember Wachter said that would mean
a continuation. Mr. Hedges said it would not have to go back to the Planning Commission but would come
back directly to the City Council. He said there would be a three week delay before the next meeting and
which would allow advertising and noticing the adjoining residents.
Councilmember Gustafson said the permit condition allowing 6' for a vehicle driveway would seem
to be totally realistic and to recognize that would only be common sense. He said he would have no
problem changing it to 8' without sending it back through the process. He said if that is a policy issue,
perhaps further clarification would be needed on adding conditions to a preliminary plat without the owner
being present such as with the Heller plat. Councilmember McCrea said that the area is surrounded by
single family homes and any change should require renoticing. Councilmember Wachter said he would
agree to 8' but beyond that felt it would have to go back through the process. Mayor Egan said that an
8' drive would be in keeping with the spirit of the approval and anything beyond that would not.
Councilmember McCrea asked if something had been approved by Council with a specific number
of feet, whether staff had the discretion to change that? She asked what kind of discretion does the staff
and Council have? City Administrator Hedges said that the issue had been discussed earlier and it was the
consensus of the staff that any deviation in conditions would be have to be ruled on by the Council. In
addition, he said that once conditions became part of the public record, they could be interpreted but not
altered.
Page 17/EAGAN CITY COUNCIL. MINUTES
October 16, 1990
Mayor Egan then said the matter should be returned through the process and residents noticed of
the request to increase the width of the driveway. There was no dissent.
Mr. Bill Buell said the area is presently under construction and it has become apparent that a 6'
wide drive will not be adequate. He said they have suspended construction to resolve this issue as a
retaining wall would have to be moved if the driveway width is increased.
Wachter moved, Egan seconded a motion to approve the checklist dated September 30, 1990, in
the amount of $1,217,604.96 and the checklist dated October 16, 1990, in the amount of $1,218,923.86.
Aye: 5 Nay: 0
C' 'IV.SSt1Uli''
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 9:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson,
McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive
session was adjourned at 11:30 p.m.
IMF
CITY OF EAGAN
f\ 01A
E. I Overbeke, City Clerk
my
t ti? (MS
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 1, 1990
A special meeting of the Eagan City Council was held on Thursday, November 1, 1990 at 5:30
p.m. in the Conference Rooms of the Municipal Center building. Present were Mayor Egan, City
Councilmembers Gustafson, McCrea, Pawlenty and Wachter. Also present were City Administrator
Hedges and Director of Finance VanOverbeke.
LABOR NEGOTIATIONS UPDATE
City Administrator Hedges along with Assistant to the City Administrator Duffy and Chief of Police
Geagan provided an update to the City Council regarding the status of labor negotiations with LELS on
behalf of the Police Association. He stated that a mediator was appointed from the State Bureau of
Mediation Services and a meeting was held with representatives of the City and Police Association present
to further discuss wage and insurance proposals that reached an impasse in the collective bargaining
process.
After a presentation by the City Administrator and further review of the contract proposal, there
was a unanimous roll call consensus that the City not revise its proposal stating that the offer was a fair
proposal.
CIGARETTE VENDING MACHINE LEGISLATION
City Administrator Hedges recommended that discussion considering the restriction for cigarette
accessibility to children by the possible removal of vending machine sales be continued to allow the City
Council to proceed with a joint meeting of the Advisory Parks & Recreation Commission. Mayor Egan
received a unanimous consensus from the City Council that the cigarette vending machine legislation be
considered at a future work session.
JOINT PARKS & RECREATION COMMISSION MEETING
Mayor Egan convened the joint meeting of the Advisory Parks & Recreation Commission and
welcomed Commissionmembers George Kubik, Michele Swanson, Shawn Hunter, Jack Johnson, Dick
Carroll and John Griggs. It was noted that Commissionmember Ted Billy was absent. Also present were
Parks & Recreation staff including Steven Sullivan, Landscape Architect/Parks Planner; Dorothy Peterson,
Recreation Supervisor II; John VonDeUnde, Parks Superintendent; and Ken Vraa, Director of Parks &
Recreation.
City Administrator Hedges stated that the City Council met in a Special City Council meeting on
August 9 to review the proposed 1991 budget and, as a part of their review, questions were raised
regarding a number of expenditures including certain expenditure proposals for the Parks & Recreation
budget. Director of Parks & Recreation Vraa provided an indepth presentation, with periodic questions
and discussion by members of the Advisory Parks & Recreation Commission and City Council, that
addressed how recreation programs should be financed, whether certain recreational services should be
provided by the private sector and a general cost breakdown explaining the types of services and the
expenses incurred by the Parks Maintenance Division. Following the presentation, City Councilmember
McCrea requested a further expenditure breakdown on the cost difference in maintaining passive and
active parklands. She also requested that staff provide a further cost breakdown for each operation and
service which allows the City Council to better evaluate the present and future costs for certain services
that are provided by the Parks & Recreation Department. Since the City budget, in its present format, is
not a program budget, it was agreed that averages would be used to obtain the information. City
Page 2/Special City Council Meeting
November 1, 1990
Councilmember Gustafson stated that the proposed 1991 budget has severe constraints and is concerned
that the 7.9 percent increase as projected by Parks & Recreation is not consistent with the average
increase of 3 to 4 percent for other departments, such as Police and Fire. The Director of Parks &
Recreation stated that a $16,000 error was discovered in recalculating the budget which will lower the total
for proposed expenditures and further that much of the increase is caused by expanded or new programs
that are offset by the compliment of a revenue source, therefore do not represent a true increase in the
budget. City Councilmember Gustafson further stated that certain programs, such as funding
maintenance and operations for park shelter buildings that are used by adults, may lower funding
opportunities for youth programs. He further stated that he was In agreement with City Councilmember
McCrea that additional analysis is necessary to project and determine the cost for maintenance of active
parklands which helps the City Council assess its overall priorities of where our budget dollars should be
distributed. City Councilmember Gustafson further stated that emergency services are essential, therefore
Police and Fire could receive additional budgetary allocations In the future that could impair certain
programs or maintenance that is provided by their departments. Therefore, it is necessary to carefully
analyze whether certain services or programs can be reduced or eliminated to continue with balanced
budgets.
Commissionmember Kubik spoke highly of the programs that have been implemented in recent
years by the Parks & Recreation Department given the small amount of staff. Commissionmember Griggs
suggested that the City explore low investment/high gain opportunities that will generate more revenues
for the City's general fund by planning certain market opportunities for the Parks & Recreation
Department. He further stated that the Advisory Parks & Recreation Commission should be given an
opportunity to address these opportunities and provide some recommendations to the City Council.
Commissionmember Kubick stated that the City must be careful to not move too quickly with a business
philosophy versus service concept without readdressing the overall Mission Statement of the City's Park
& Recreation objectives and existing staff limitations.
City Councilmember Pawlenty stated that he would like to see all programs expenditure neutral
and asked that staff quantify all expenditures that are offset by revenues which allows the City Council
to readdress an actual proposed increase for the Parks & Recreation Department.
Mayor Egan thanked the Advisory Parks & Recreation Commission for meeting with the City
Council and further stated that it is the objective of the City Council to have more meetings with its
advisory commissions for the purpose of evaluating existing and proposed policy.
CAPONI ART GARDEN CONCEPT
City Administrator Hedges stated that Mayor Egan and City Councilmembers Pawlenty and
Wachter along with the City Administrator and Director of Parks & Recreation met with Mr. Anthony Caponi
on Saturday, October 20, to discuss the Caponi Art Garden concept. Mayor Egan summarized the
meeting and stated that those in attendance at the meeting with Mr. Caponi are suggesting that the City
Council and Advisory Parks & Recreation Commission further discuss the proposal and reach a
consensus on the level of commitment the City should make to the project, specifically as it relates to any
implementation of City resources. Members of the Parks & Recreation Commission and City Council both
agreed that institutional support from the City of Eagan is necessary In order to pursue foundation dollars
for funding the project. City Councilmember Wachter stated that the proposed Art Park concept is a
unique opportunity for the community and would be enjoyed by residents of the City and region for many
years into the future. After further discussion, there was a consensus by both members of the Advisory
& Recreation Commission and City Council that a resolution be drafted to show support and request
community assistance and that said resolution be considered by the City Council at the November 8
meeting. There was also a clarification that if City resources are to be used, there would be a written
agreement with Mr. Caponi that the allocation of City personnel be repaid by a foundation once financial
resources are received to fund the project.
Page 3/ Special City Council Meeting
November 1, 1990 ?'6?'r
BLACKHAWK PARK SHELTER DISCUSSION
City Administrator Hedges stated that the Council had raised questions in regard to the cost for
the operation of park shelter buildings. Blackhawk Park will be proposed to have a building, which the
Lions Club have indicated they would help fund. Commissionmember Hunter said he was a Lions Club
member and the Club had over $100,000 to put toward a building; and that the July 4th celebration at
the park was not a condition for giving the money. In response to concerns of the neighborhood, City
Councilmember Pawlenty stated that a compromise with the neighborhood for the use of the park and
the building should be an objective given the community park designation.
PROPOSED 1991 GENERAL FUND BUDGET CONSIDERATION
City Administrator Hedges reviewed additional information as requested by the City Council at the
August 9 special City Council meeting regarding certain funding considerations for the 1991 General Fund
Budget. He briefly remarked on contractual services/use of consultants the City is relying on for general
government operations, a comparative analysis of attorney's fees, the increase for Fire Department officers
and other proposed expenditures.
EQUIPMENT REVOLVING FUND
City Administrator Hedges continued a review of the proposed 1991 budget by outlining the
Equipment Revolving Fund expenditure as proposed in the amount of $988,560. After a discussion by
the City Council, direction was given to prioritize each of the proposed capital needs and reduce the
amount of the Equipment Revolving Fund as proposed by $300,000$400,000.
COMMUNITY INVESTMENT FUND
Director of Finance VanOverbeke presented the concept of a Community Investment Fund that
would allow for appropriate financial management of the accumulated balances in special assessment
funds. He further stated that all surplus monies and each improvement fund which remains after all the
costs of each improvement have been fully funded which are not transferred to another spare
improvement fund would be transferred to the Community Investment Fund. City Councilmembers
discussed the Community Investment concept and asked that the Director of Finance and City
Administrator revise the draft policy to consider 1) the investment fund as a ratio to the general fund, 2)
modify the restrictive limits on the principal, 3) provide historical analysis on how the funds were
accumulated and 4) consider using a portion of the principal prior to the establishment of the Community
Investment Fund.
PROPOSED 1991 PUBLIC ENTERPRISE FUND
City Administrator Hedges presented the proposed Public Enterprise Fund for 1991 which
includes the sanitary sewer, water and streetlight utilities in the amount of $6,065,125. The City
Administrator stated that with the exception of an adjustment in the streetlighting rates to allow for the
administrative cost transferred to the general fund, there were essentially no changes In the proposed
Public Enterprise Fund. The City Administrator further explained that there are no new personnel or
operational changes in any of the three utilities. He stated that certain capital equipment items have been
requested for small equipment items. The City Administrator stated that the garage expansion debt is
itemized as a part of the capital expenditure under the water and sewer utilities as proposed. Director
of Finance VanOverbeke reviewed the Public Enterprise Fund net income worksheets, explaining the
grand total revenue, revenue available for operations and expenditures including/excluding depreciation.
City Councilmembers expressed their satisfaction in the Public Enterprise Budget as presented. The City
Administrator further stated that the storm water utility fund is complete and will be presented at the final
budget session for consideration.
Page 4/ Special City Council Meeting
November 1, 1990
ESCROW COLLECTION ORDINANCE IMPLEMENTATION
Director of Finance VanOverbeke presented information on how the Escrow Collection Ordinance
was being implemented and asked what, if any, changes the City Council desired to make to that
implementation. The City Council expressed satisfaction in the process as it is being used and directed
staff to continue the implementation without modification.
ADJOURNMENT
There being no further items, the meeting was adjourned at approximately 9:30 p.m.
TLH
NnuemhP r 1' 199n
Dated
N. 0.k
City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
November 8, 1990
A regular meeting of the Eagan City Council was held on Tuesday, November 8, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty.
Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director
of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the agenda:
There were no formal changes to the Agenda; however, the following items will be recommended for
continuance in the Consent Agenda:
Item 0, Contract 90-16, Receive Bids/Award Contract (Woodlands North Addition - Streets & Utilities)
Item P, Final Plat, Woodlands North Addition
Item 0, Contract 90-16, Approve Change Order #1 (Woodlands North Addition - Streets & Utilities)
McCrea moved, Wachter seconded, a motion to approve the agenda for the November 8, 1990, regular
City Council meeting. Aye: 5 Nay: 0
MINUTES
Wachter moved, McCrea seconded, a motion to approve the minutes of the October 16, 1990, regular
City Council meeting. Aye: 5 Nay: 0
City Administrator Hedges said that earlier this year, the City had received the Park Maintenance
Magazine Award of Merit to Thomas Lake Park Shelter. Director of Parks and Recreation Vraa then presented
the award to Mayor Egan who accepted it on behalf of the City Council.
PARKS AND RECREATION DEPARTMENT/CAPON! ART PARK PROJECT R 90.82
City Administrator Hedges said that for several years Anthony Caponi, who owns property on Diffley
Road, has had visions about developing an art park. He said it had been Mr. Capon's desire to work together
with the City on this park. Mr. Hedges said that the City Council had toured Mr. Caponi's property and had
suggested that the Advisory Parks and Recreation Commission and City Council discuss this further, which they
have done. Mr. Hedges said that at this joint meeting, it was determined that a resolution outlining the City's
support be prepared.
Councilmember McCrea said that the project is worthwhile and said she would be willing to offer
suggestions to Mr. Caponi regarding foundations that support these types of projects. Mayor Egan said that
perhaps the Rotary Club and Lions Club could also offer their support. Councilmember Wachter said it was
a very positive approach to have the project financed by grants. The Councilmember said it was a unique
opportunity and the resolution before the Council was working toward that goal.
Page 2/EAGAN CITY COUNCIL MINUTES
November 8, 1990
Wachter moved, McCrea seconded a motion to adopt a resolution supporting Mr. Anthony Caponi's
efforts to establish an art park on his property on County Road 30. Aye: 5 Nay. 0
Mr. Caponi thanked the Council and said that he and the City have worked together and have the same
dreams. He said they were partners in something worthwhile.
COUNCIL NOTES
Mayor Egan then questioned the handling of visitors through the Haunted Hayride around Halloween.
He said that certain lanes of Lexington Avenue were closed to traffic to allow stacking of those cars waiting to
get in. He asked how this was handled. Director of. Public Works Colbert said that staff had not issued a permit
for the Haunted Hayride attraction. Mr. Colbert said that perhaps it should have been handled by special use
permit, however, the only permit that was issued was by Dakota County for a driveway access. Mr. Colbert said
that the owners of the property do have the right of access and Dakota County had to decide whether that access
would be temporary or permanent. He said that the County had allowed a temporary access, ramping of the
curb and permitted the property owners to close off the right-hand lane of Lexington Avenue. Chief of Police
Geagan said that the Police Department also had some real concerns about this operation and said it would be
handled differently next year.
Councilmember Pawlenty then had several comments regarding the last election as to polling places and
accommodations to voters. The Councilmember said Precinct 13, which is Northview Elementary School, was
overwhelmed by the number of voters and he said people were parked everywhere. The Councilmember said
that Ms. Pawlenty had waited an hour and forty-five minutes to vote, and while it was not the City's fault, some
voters chose not to vote rather wait that length of time. Mayor Egan said that Precinct 13 polls were open until
10:30 p.m. just to accommodate those who wished to vote. He said he was sure some could not wait that length
of time.
City Administrator Hedges said that when the City had experienced telephone problems, a notice had
been put in the paper regarding these problems. He said that since then, he had received a number of favorable
comments about the notice. Mr. Hedges suggested that the same thing be done regarding voting places. Mr.
Hedges said the City's hands were tied until 1992 because of State law but said that the City would add more
precincts and equipment for 1992. He said that a notice in the paper would extend the City's apologies.
A. Personnel Items
It was recommended that contracting with Paul Bedney as basketball scorekeeper and Brian Mischke
as substitute for the November 1990 through March 1991 adult basketball league season be approved.
B. Resolution. Appolnting a Director and Alternate Director to the LOGIS Board of Directors R 90.83
It was recommended that a resolution appointing Thomas L. Hedges as Director and Eugene
VanOverbeke and Kristi Morast as alternate directors to represent the City of Eagan on the LOGIS Board of
Directors be approved.
C. Proclamation. BurnsvillelEaaan Access Volunteer Day. November 17, 1990 R 90.84
It was recommended that Saturday, November 17, 1990, be proclaimed as Burnsville/Eagan Access
Volunteer Appreciation Day.
...
Page 3/EAGAN CITY COUNCIL MINUTES
November 8, 1990
D. Contract 89-17. Acknowledge Completion/Authorize Final Payment. Northview Park Parking Lot
Construction
It was recommended that all materials and workmanship for Contract 89-17 be accepted and final
payment to Alexander Construction in the amount of $33,049.13 be approved.
E. Contract 89-20. Change Order/Authorize Final Payment. Athletic Lighting. Bridle Ridge Park
It was recommended that Change Order #1 for Contract 89-20 for a reduction of $750 be approved,
all materials and workmanship be accepted and final payment to C.S.I. Electric in the amount of $1,100 be
authorized.
F. License. Off-Sale Liquor. Cheers Wine and Spirits/Change in Partnership
It was recommended that the off-sale liquor license change in partnership for Cheers Wine and Spirits
to include Mr. Russell Laughlin as an additional partner be approved.
G. Desi2nate Alternate Date for First Council Meeting in January
It was recommended that Thursday, January 3, 1991, be set as the date for the first regular City Council
meeting in 1991.
H. Contract 89-10. Approve Final Payment/Authorize City Maintenance (Well #15)
It was recommended that the 6th and final payment to Layne Well Drilling, Inc., in the amount of
$19,36038 be approved and City maintenance authorized subject to appropriate warranty provisions.
I. Contract 89-16. Approve Final Payment/Authorize City Maintenance (Coventry Pass. Sterns and
Country Hollow 2nd Addition - Utilities)
It was recommended that the 8th and final payment to Ceca Utilities in the amount of $44,515.70 be
approved and City maintenance authorized subject to appropriate warranty provisions.
J. Contract 90-03. Approve Final Payment/Authorize City Maintenance (Wells #2 & #6 PumqRepair)
It was recommended that the 3rd and final payment to Keyes Well Drilling, Inc., in the amount of
$836.88 be approved and City maintenance authorized subject to appropriate warranty provisions.
K. Contract 89-H. Acknowledge Completion/Authorize City Maintenance (Whispering Woods 4th
Addition - Streets and Utilities)
It was recommended that the completion of Contract 89-H (Whispering Woods 4th Addition - Streets
& Utilities) be acknowledged and the initiation of City maintenance be authorized subject to appropriate
warranty provisions.
L. Contract 89-Y. Acknowledge Completion /Authorize City Maintenance (Cliff Ridge Addition - Streets
& Utilities)
It was recommended that the completion of Contract 89-Y (Cliff Ridge Addition - Streets and Utilities)
be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions.
Page 4/EAGAN CITY COUNCIL MINUTES
November 8, 1990
M. Contract 90-08. Approve Change Order #1 (Sibley Terminal Industrial Park - Storm Sewer)
It was recommended that Change Order #1 to Contract 90-08 (Sibley Terminal Industrial Park - Storm
Sewer) be approved and the Mayor and City Clerk authorized to execute all related documents.
N. Contract 90-10. Approve Change Order #1 (Galaxie CUR Plaza 2nd Addition Addition)
It was recommended that Change Order #1 to Contract 90-10 (Galaxie Cliff Plaza 2nd Addition -
Streets & Utilities) and the Mayor and City Clerk authorized to execute all related documents.
0. Contract 90-16. Receive Bids/Award Contract (Woodlands North Addition - Streets & Utilities)
It was recommended that the bids for Contract 90-16 (Woodlands North Addition - Streets & Utilities)
be received and that award of the contract to the lowest, responsible bidder be continued to the November 20,
1990, regular City Council meeting.
P. Final Plat. Woodlands North Addition
It was recommended that the final plat for the Woodlands North Addition be continued to the
November 20, 1990, regular City Council meeting.
Q. Contract 90-16. Approve Change Order #1 (Woodlands North Addition - Streets & Utilities)
It was recommended that Change Order #1 to Contract 90-16, Woodlands North Addition - Streets &
Utilities, be continued to the November 20, 1990, regular City Council meeting.
R. Vacate Utility Easement. Receive Petitions/Order Public Hearing (Lot 6. Block 1. Windtree 3rd
Addition
It was recommended that the petition to vacate a portion of the utility easement (Lot 6, Block 1,
Windtree 3rd Addition) be received and the public hearing scheduled to be held on December 6, 1990.
S. Contract 89-13. Change Order #3 (Cliff Road Water Treatment Plant)
It was recommended that Change Order #3 to Contract 89-13 (Cliff Lake Water Treatment Facility)
be approved and the Mayor and City Clerk authorized to execute all related documents.
T. Final Plat. Oaks of Bridgewater 1st Addition R 90.85
It was recommended that the final plat for the Oaks of Bridgewater 1st Addition be approved.
Gustafson moved, Wachter seconded a motion to approve the Consent Agenda with the exception of
the following items which will be continued to the November 20, 1990 City Council meeting:
0. Contract 90-16, Receive Bids/Award Contract (Woodlands North Addition-Streets & Utilities)
P. Final Plat, Woodlands North Addition
0. Contract 90-16, Approve Change Order #1 (Woodlands North Addition - Streets & Utilities)
Aye: 5 Nay: 0
Page 5/EAGAN CITY COUNCIL MINUTES
November 8, 1990
Because it was not yet 7:00 p.m., public hearings could not begin. Therefore, City Administrator Hedges
discussed a request by the Mayor of Woodbury, who is also Chairman of Metro East, asking the City to
contribute to this organization. He said they are requesting $4,000 for each of the next four years. Mr. Hedges
said the City presently pays $500 per year, however, this is not for a full membership. He asked the City Council
if there was any desire to consider full membership and, if the City is interested, the Economic Development
Commission could look into the matter further.
Mayor Egan said that the Metro East organization is trying to assist economic development in the
eastern portion of the St. Paul metro area. Mayor Egan said he was ambivalent about the City's involvement.
He said he was reluctant to contribute such a large amount of money to Metro East until he could see some
benefits. Councilmember McCrea said that it would be difficult to commit the City Council to $4,000 for each
of the next four years. She said additional information would be needed and any contribution should be
considered during the normal budget process. Mayor Egan added that review by the Economic Development
Commission would probably be advisable.
................................................ .
VACATE PUBLIC RIGHT-OF-WAY
WESCOTT GARDEN LOTS
City Administrator Hedges said that because this project is related to the Woodlands North Addition
and that final plat has not yet been approved, staff was recommending continuance of this item to the November
20, 1990 City Council meeting.
McCrea moved, Wachter seconded a motion to continue the public hearing for the vacation of portions
of public right-of-ways for Rodger Street, Birch Street and Cedar Street to the November 20, 1990 regular City
Council meeting. Aye: 5 Nay- 0
VACATE PUBLIC RIGHT-OF-WAY
THOMAS G. SLATER ADDITION (RUSTEN ROAD)
After introduction by Mayor Egan, the City Administrator said that at the October 16 regular City
Council meeting, the developer had presented a petition requesting the vacation of previously dedicated easement
for roadway purposes for the cul-de-sac of Rusten Road.
City Councilmember Wachter then asked about the turning radius for emergency vehicles on the cul-de-
sac. Director of Public Works Colbert said that the cul-de-sac meets the standard radius. Fire Chief Southorn
added that there were no safety concerns on the part of the Fire Department as the cul-de-sac met their turning
radius requirements. There was no one in the audience to address the issue.
Gustafson moved, Wachter seconded a motion to close the public hearing and approve the vacation of
public roadway and utility easement within the Thomas G. Slater Addition (Rusten Road) and the Mayor and
City Clerk were authorized to execute all related documents for recording at the County. Aye: 5 Nay: 0
PROJECT 466, PILOT KNOB ROAD
SUPPLEMENTAL ASSESSMENT HEARING
After introduction by Mayor Egan, the City Administrator said at the July 10 City Council meeting, the
final assessment hearing had been held for Project 466 for the street and utility improvements associated with
Page 6/EAGAN CITY COUNCIL MINUTES
November 8, 1990
the Pilot Knob Road upgrade. Mr. Hedges said that at that time, one of the original underlying assessments had
been overlooked. He said that this public hearing was being held to rectify that oversight.
The Mayor then asked the Director of Public Works whether the property owners had been notified.
Director of Public Works Colbert said that they had. There was no one in the audience to discuss this issue.
McCrea moved, Gustafson seconded a motion to close the public hearing and approve the supplemental
assessment for Project 466 (Pilot Knob Road) as it pertains to Lot 2, Block 1, Duckwood Crossing, in the
amount of $9,927.64 and authorize certification to Dakota County for collection. Aye: 5 Nay. 0
CHANGE IN CONDITIONS FOR SPECIAL USE PERMIT
U.S. WEST NEW VECTOR/SAFARI RESERVOIR
After introduction by Mayor Egan, the City Administrator said that at the August 7 City Council
meeting, a special use permit and lease for U.S. West New Vector had been approved to install facilities at the
Safari Water Tower and to make various improvements necessary to service those facilities. Mr. Hedges said
at issue was the approval of a condition allowing a six foot service road to access the facility. He said that the
applicant was requesting that the width of this service road be increased to ten feet to allow service vehicles
better access. Mr. Hedges said that a question from the management perspective was if only one or two trips
were necessary per year, whether it would make sense to increase the width of the road. He added, however,
that communications equipment for City installation in the future may require a once a week inspection.
City Councilmember McCrea said she had viewed the site and had been favorably impressed with the
results. She said it was unlikely that a three or four foot difference in the width of the road would have an
adverse effect on the site. She then asked if the residents were notified regarding the change. Director of
Community Development Runkle said that his department had re-noticed the residents. Councilmember McCrea
then asked if any other comments had been received other than those from Paul Thomas of Mentor. Director
of Community Development Runkle said that he had not received any other comments.
The Mayor then asked if anyone from the public wished to address the issue. There was no public
comment. The Mayor asked the Director of Community Development whether the retaining wall on the site
would have to be removed. The Director of Community Development said that in order to widen the road, the
wall would need to be reconstructed. Mayor Egan then noted the objections from Meritor Development.
McCrea moved, Gustafson seconded a motion to amend a condition of the special use permit for U.S.
West New Vector for the antenna equipment building at Safari Reservoir to allow an additional four feet, thereby
increasing the access drive width to ten feet.
Mr. Bill Buell, of Dahlgren, Shardlow and Uban, representing U.S. West New Vector, arrived late and
asked for clarification of the motion. Mr. Buell pointed out that ten feet would barely allow access to the site
with their vehicles and said that a twelve foot width would be more appropriate. Councilmember McCrea said
that ten feet had been approved and that perhaps US. West New Vector should use smaller vehicles.
Mayor Egan asked staff if ten feet would be adequate. Director of Public Works Colbert said that if
ten feet was to be the maximum width, it should be a ten foot clearance zone and a different type of fencing
should be considered. Councilmember Gustafson said, in clarification, that the ten foot width would be from
edge to edge of surface and construction of any fence should be off the driveway.
Aye: 5 Nay: 0
Page 7/EAGAN CITY COUNCIL MINUTES
November 8, 1990
SPECIAL HUNTING PERMIT/RONALD CORNWELL
City Administrator Hedges said that in notifying the applicant that this item would be on the November
8 City Council agenda, it was learned that Mr. Cornwell wished to withdraw his application for a special hunting
permit. Mayor Egan acknowledged that Mr. Cornwell had withdrawn his application and no action was taken
on this item.
SPECIAL USE PERMIT/TEMPORARY CELLULAR TELEPHONE ANTENNA
WARREN DUNLAP/CELLULAR ONE MOBILE TELEPHONE COMPANY
After introduction by Mayor Egan, the City Administrator said that this application did not require
action by the Advisory Planning Commission, and had come directly to the City Council.
Director of Community Development Runkle said that the application before the Council was-for a
special use permit. He said that Cellular One was trying to get service in Eagan and had considered various
alternatives but could not get a lease in place. Mr. Runkle said that Cellular One had identified a location for
a permanent cell site at Parcel #10-02100-010-50; however, that property owner was not interested in a
temporary arrangement. Mr. Runkle said that Cellular One was looking for approval of a temporary site at
Parcel #10-02100-011-07 on the east side of I-35E. He said that the temporary site would allow the applicant
to provide better service immediately for their Cellular One customers and give them the opportunity to
negotiate a more permanent site.
Mr. Peter Beck, representing Cellular One Mobile Telephone Company, said that he had been working
with Warren Dunlap in locating these facilities around the metro area. He said a temporary site had been found
on the Todd Franz property and they were discussing a more permanent site on the Francis Franz property.
Mr. Beck said that Cellular One had experienced service problems in the Eagan area and that it would be at
least six months before a permanent site would be in service. Mr. Beck said that a temporary site would have
a 100 foot antenna but when a permanent site is located, it would involve more antennas at lower heights.
Mr. Warren Dunlap, also representing Cellular One Mobile Telephone Company, distributed a handout
showing the temporary and permanent site locations. Mr. Dunlap said that Cellular One has thirty cell sites and
anticipates six more by the end of the year including this one. He said they anticipate ten to twelve more in
1991. Mr. Dunlap said they have no site presently in Eagan and it is needed because all cells must be
strategically placed to cover certain areas. After briefly explaining cellular technology, Mr. Dunlap said that they
are currently experiencing over 200 complaints a month and that the Eagan area gives them the most problems
with coverage. He said they are working toward a more permanent site, however, a temporary location is needed
to meet demands. He said they have a one year lease at the temporary location and hope to have a more
permanent site within four to five months, depending upon the weather.
Councilmember Wachter asked Mr. Dunlap if it wouldn't be more advantageous for them to work on
a permanent rather than a temporary site. Mr. Dunlap said they need to have the temporary site working
immediately which would enable them to work on a more permanent site during that time.
City Administrator Hedges said as a matter of public policy, a question had arisen whether antennas
should be concentrated on public buildings or allowed to be constructed elsewhere throughout the City. Mr.
Hedges said the City Council would probably wish to develop a public policy regarding antennas in the City.
Mayor Egan asked the applicant if there was any reason they could not attach an antenna to one of the
water towers within the City. Mr. Dunlap said they had tested the towers in the City and they do not provide
the signal needed as does the temporary location. Mr. Beck then distributed pictures of what the permanent
Page 8/EAGAN CITY COUNCIL MINUTES
November 8, 1990
tower would look like. He also added that there are only two providers of cellular phones in the metropolitan
area and they are U.S. West and Cellular One. He said this would be Cellular One's first tower in Eagan. Mr.
Beck said that the next generation of towers would be lower and spread out more. At that time, they could
possibly be placed on buildings.
Councilmember Pawlenty said that rather than discussing a permanent site, the issue should be refocused
on a temporary use. The Councilmember said he did not object to the temporary antenna as long as the time
frame was defined. He agreed that public policy would have to be addressed regarding antennas throughout the
City.
Councilmember Gustafson said he was prepared to act on this application and was more inclined to
approve a one year temporary antenna to encourage Cellular One to think beyond 100 foot towers. He said
because of new technology, towers of that height may not be needed in the future. He said that the year time
frame for the temporary antenna would give staff and the City Council the opportunity to determine a policy
regarding antennas in the future.
Gustafson moved, McCrea seconded a motion to approve the request by Warren Dunlap of Cellular
Mobile Telephone Company for a temporary antenna at the northeast corner of the overpass of 1-35E by
Deerwood Drive for a period not to exceed one year, subject to the following conditions:
1. This Special Permit shall become void upon approval of the permanent cell site facility.
2. The tower shall not be in excess if 100' in height.
Mr. John Klein said that Mr. Francis Franz had asked him to speak on his behalf. He said Mr. Franz
was willing to negotiate a permanent site with Cellular One; however, he said Cellular One was using this as a
vehicle to get a permanent antenna on a temporary site. Mr. Klein said that before the City Council approved
a temporary site, they should look at a more permanent site for the antennas. He said that attention should be
given to the permanent site and if Cellular One did not negotiate in good faith, then a temporary site could be
addressed. Councilmember McCrea said that the application before the Council was for a temporary site. She
said she would not be in favor of approving an extension of an additional year at the expiration of the year
approved with this special use permit. Mr. Klein said that if the intent is to eventually approve a permanent site,
he asked why they would not apply for the permanent site at this time instead of asking for a temporary location.
He said that the City Council should not approve the temporary antenna predicated on getting a permanent site.
Councilmember Pawlenty said he did not agree that his vote would be predicated on a permanent site.
He said his vote was for the temporary antenna only and when a permanent antenna was applied for, he would
deal with it then. He said he was taking the application at face value.
Councilmember Gustafson said allowing the temporary location for a period of one year would give the
City an opportunity to make policy decisions on free-standing towers. He also added that by the time a
permanent location is necessary, the antenna may be affixed to a public building site. Mayor Egan added that
the one year time frame would provide an opportunity to see state-of-the-art alternatives.
Aye: 5 Nay: 0
SPECIAL USE PERMIT/TEMPORARY OUTDOOR SALES
CUB FOODS
After introduction by Mayor Egan, City Administrator Hedges said that the request before the Council
was for a special use permit. He said that this application did not require action by the Advisory Planning
Commission and had come directly to the City Council.
'7S, I
Page 9/EAGAN CITY COUNCIL MINUTES
November 8, 1990
Director of Community Development Runkle said this was a special use permit application to sell mini-
donuts on Saturdays and Sundays from 9:00 a.m. to 9:00 p.m. in the parking lot of the Cub Food Stores on Cliff
Lake Road. Mr. Runkle said there were concerns regarding the location of the vehicle and access for
pedestrians. Mr. Runkle added that the applicant, Mr. Duane Johnson, was not present. Councilmember
Pawlenty suggested a continuance because the applicant was not present.
Councilmember McCrea said she had noticed Mr. Johnson's van in the Cub Foods parking lot for some
time. She said that Cub Foods needed to be sent a clear message that applications were not to be submitted
after the fact. Mayor Egan said that after the last issue of sales in the parking lot at Cub Foods and after having
gone to court regarding a fine for the continued sales, it should be clear that the City did not want unpermitted
uses in the parking lot.
Coundlmember Pawlenty said he generally agreed with what had been said, however, he had been
informed that the individual applying for the special use permit was handicapped. The Counc lmember said if
that information is correct, an effort could be made to accommodate the applicant. Mayor Egan said he would
support a continuance.
Coundlmember Gustafson said it was his understanding that sales had occurred on the sidewalk next
to the store. He asked the Director of Community Development whether the sidewalk sales would be in
violation of the special permit ordinance. Director of Community Development Runkle said that any uses
outside of the store would require a permit.
McCrea moved, Gustafson seconded a motion to continue to the November 20, 1990 regular City
Council meeting an application for a special use permit for Duane Johnson, Cub Foods, to allow the temporary
sale of mini-donuts in their parking lot. Aye: 5 Nay: 0
VARIANCE TO SIDEYARD SETBACK
WATER HEATER INNOVATIONS
After introduction by Mayor Egan, the Director of Community Development said that Water
Innovations, Inc. was seeking a variance to allow the placement of two storage silos on the north side of the
existing building leased from R.L. Johnson. He said the silos would contain polybutylene and polyethylene,
plastic pellets that the company melts down to manufacture water heaters. Mr. Runkle said that the applicant
was there to answer any questions.
Mayor Egan asked whether there were any hazardous waste issues to be addressed. Director of Public
Works Colbert said there were none that he was aware of. The Staff did have a question, however, in regard
to the on-street parking necessary to unload the pellets. He questioned how long it would take to unload the
trucks and asked whether or not the company could load from the parking lot. The applicant said the placement
of the silos at this particular location because it was the only space available on the site that could then also be
accessed by the trucks needed to load them. He said the silos could not be loaded from the parking lot because
the distance would be too great for the vacuum tubes used in loading. Mr. Colbert then expressed concerns
regarding the temporary loading which would occur on the street. He said that Meadowview Road was not built
to industrial width and this loading would partially block the street to other traffic. Mayor Egan asked whether
a continuance would be in order to allow staff to work with the applicant regarding this issue. Director of Public
Works Colbert said that they would work with the applicant regarding a different arrangement for loading the
silos. Councilmember Gustafson said he could understand the problems to the applicant but did have concerns
regarding loading on a City street. He said it may be more appropriate for loading and aesthetics to place the
silos on the west side of the building. He said if it were on that side of the building, tubing necessary to load
the silos would not be that great a distance from the trucks. The applicant said they would try to find alternative
locations on-site.
Page 10/EAGAN CITY COUNCIL MINUTES
November 8, 1990
Councilmember Wachter moved, Pawlenty seconded, a motion to continue a variance of 14 feet from
the established sideyard setback of 20 feet for Water Heater Innovations at 3107 Sibley Memorial Highway to
the November 20, 1990 regular City Council meeting.
Councilmember McCrea said she would support a continuance for this application, however, felt these
issues should have been raised sooner.
Aye: 5 Nay 0
REQUEST TO WAIVE SPRINKLING REQUIREMENTS
TOWN CENTRE 100 - 5TH & 8TH ADDITIONS
After introduction by Mayor Egan, City Administrator Hedges said that this application did not require
action by the Advisory Planning Commission and had come directly to the City Council.
Director of Community Development Runkle said that staff had been working with the developer of
Town Centre 100 - 5th Addition and had agreed that the two buildings proposed for the platted lots could be
built without the requirement for fire sprinkler systems because they were platted before the July 16, 1990
adoption of the 1990 State Building Code. However, Mr. Runkle said it had been pointed out to the applicant
that any of the remaining buildings proposed would require the installation of the sprinkler systems because of
the time lapse between the adoption of the new code and the final platting of Town Centre 100 - 8th Addition.
Mr. Runkle said that the sprinkler system would result in additional costs of up to $1,000 per unit.
Mr. Jim Sturton, representing Ventana Development Corporation, said they had been working on this
project since the summer of 1988. He said a number of crises had been encountered, however, the past year
they had been successful in identifying mortgages and lenders. Mr. Sturton said that his company had proceeded
this summer with final platting, however, they did not want to final plat the next four buildings in order to push
these expenditures into next year. He said it was not until they had applied for the building permits that they
realized they could not pull a building permit before final plat approval. Mr. Sturton said his company had
priced out the sprinkler system and had received estimates of from $1,700 per unit to as high as $2,200 per unit.
He said this would result in an additional $150,000 per building. He said costs of this magnitude would almost
scrap the plan.
Mr. Sturton said in some reports from the City, it clearly states that the City requires compliance with
the 1987 State Building Code. He said the City is now working with the 1990 Building Code, however, it would
be expected that a period of adjustment would be allowed for new codes. Mr. Sturton said his company had
worked long and hard to get to this point and this project is a very good one. He said that because this project
has been in process for so long, he asked that they be allowed to comply with the 1987 code.
Councilmember Pawlenty said he was troubled by the request. He then asked City Attorney Mike
Dougherty if the City proceeded and allowed the developer not to install the fire sprinkler system, what the
potential for City liability would be. City Attorney Mike Dougherty said that the State Fire Code is referenced
in the State Uniform Building Code, which was modified and adopted in July of 1990. He said the City could
be more restrictive than the UBC, but not less. He said the City could be culpable if it loosened the restrictions.
Mayor Egan then pointed out that the City had suffered a major apartment fire in 1987 making it even more
unadvisable to deviate from the fire code.
Pawlenty moved, Egan seconded a motion to deny a request by Ventana Development Corporation to
waive sprinkler requirements for the Waterford Apartments located in Town Centre 100 - 8th Addition. Aye:
5 Nay: 0
Page 11/EAGAN CITY COUNCIL MINUTES
November 8, 1990
CONDITIONAL USE PERMIT/DAYCARE FACILITY
SICK KID CARE
After introduction by Mayor Egan, the Director of Community Development said that this was an
application for a conditional use permit for Sick Kid Care, a division of Nursing Care Service Professionals, Inc.,
to allow sick child daycare in a Community Shopping Center district. He said this type of use had been deemed
similar for CSC. He said the facility would be located in the old Baskin-Robbins building near the Cedarvale
Shopping Center. Mr. Runkle said the proposed use would occupy approximately 2,500 square feet of the
building and approximately 15 to 20 children would be cared for per day. Mr. Runkle said that the Advisory
Planning Commission had reviewed the application and had recommended approval.
Mr. John Fitzgerald, representing the applicant, and Ruth Madsen of Sick Kid Care were present to
answer any questions. Councilmember McCrea said she had seen other facilities of this type and they had not
been able to become financially viable. She asked the applicant if they had not been successful. She asked if
the applicant had facilities in other communities. Ms. Madsen said they did and that she is the founder of
another sick child daycare operation called Chicken Soup.
Pawlenty moved, Gustafson seconded a motion to approve the conditional use permit for Sick Kid Care
to allow a daycare facility in a CSC (Community Shopping Center) district located at 3989 Sibley Memorial
Highway in the northeast quarter of Section 19, subject to the following conditions:
1. All state and county health department requirements shall be adhered to.
2. Improvements to the building and adjacent areas as stated in this report shall be made within one
year of approval.
3. Signage shall comply with all sign code requirements and shall be subject to a one-time sign fee of
$2.50 per square foot.
4. All other applicable City codes shall be complied with.
Aye: 5 Nay: 0
REZONING/BOYLE ADDITION/PRELIMINARY PLAT
After introduction by Mayor Egan, the City Administrator said that this item had been heard by the
Advisory Planning Commission at their October 23 meeting and they were recommending approval. He said
the APC had also recommended the addition of two conditions: 1) that a shared driveway agreement be
recorded with the City and County when the Boyle home is sold and 2) Lot 1 will be 60 feet wide at the right-of-
way line.
The Director of Community Development said that the application consisted of a rezoning of
approximately five acres from agricultural to single-family and a preliminary plat consisting of two lots for the
Boyle Addition. Mr. Runkle said that the applicant would like to split the lots so they can sell the existing home
while maintaining ownership of the newly created lot. Eventually they would like to move back to Eagan and
build a new home on this property. Mr. Runkle said that the applicant was out of town and Del Schwanz, the
surveyor, was also unable to attend the meeting.
After brief discussion, Wachter moved, Gustafson seconded a motion to approve the rezoning of
approximately five acres from AG (Agricultural) to R-1 (Single-Family). Aye: 5 Nay: 0
Wachter moved, Gustafson seconded a motion to approve a preliminary plat consisting of two lots for
the Boyle Addition located along the south side of Deerwood Drive in the southeast quarter of Section 22 subject
to the following conditions:
Page 12/EAGAN CITY COUNCIL MINUTES
November 8, 1990
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be
complied with: Al, B1, B3, C1, C2, Dl, El, F1, G1 and H1.
2. When development on Lot 2 occurs, City utility installation shall be required.
3. The development is responsible for providing a cash dedication in accordance with the requirements
as identified in the City's Comprehensive Water Quality Management Plan.
4. The development is responsible for executing the appropriate waiver to insure the City that the
development pay its share of the costs of the public infrastructure extension adjacent to the
properties.
5. The development is required to provide a forty foot half right-of-way for Deerwood Drive.
6. The landowners are required to record a shared driveway agreement.
7. The development is required to meet the sixty foot frontage requirement at the street for Lot 2.
Aye: 5 Nay. 0
PRELIMINARY PLAT/BEST BRANDS INC.
After introduction by Mayor Egan, the City Administrator said that the item had been considered by
the Advisory Planning Commission at their October 23, 1990 meeting and they had recommended approval.
Director of Community Development Runkle said the application was for a preliminary plat located on
the north side of Yankee Doodle Road, west of Highway 13. He said that Best Brands had been located in
Eagan for fourteen years and employs approximately 110 people. He said they had submitted a waiver of plat
to split Lot 8, Block 2, Sibley Terminal Industrial Park. However, because the request was to split Lot 8 for the
second time and adjoin it to Lot 10, staff requested that they plat the property as Lot 1, Block 1, Best Brands
Addition. The 7.63 acre site is located directly north along Yankee Doodle Road, east of Terminal Drive, south
of Sibley Terminal Industrial Park, and west of Highway 13. He said that presently the site has two existing
buildings and an 18,450 square foot addition under construction. A future addition of approximately 28,200
square feet to the north side of the existing buildings was also included in their proposal.
Councilmember Pawlenty said that Best Brands should be commended for the extra effort they have
gone to in trying to improve the area.
Gustafson moved, Wachter seconded a motion to approve the preliminary plat for Best Brands Addition
consisting of approximately 7 previously zoned light industrial acres along the north side of Yankee Doodle Road
and west of Highway 13 in the southeast quarter of Section 8, subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be
complied with: Al, B1, B2, C1, C2, D1, El, F1, G1, and H1.
2. The development is required to provide a cash dedication for fulfillment of the water quality
requirements of the development in accordance with the City's Water Quality Management Plan. '
3. An additional five feet of utility easement is required along the 30-inch sanitary sewer located along
the easterly property line of the development.
4F-% C
Page 13/EAGAN CITY COUNCIL MINUTES
November 8, 1990
4. An additional ten feet of utility easement is required for the existing 24-inch storm sewer which
serves the westerly adjacent property to the development.
5. The development will be required to submit a detailed watermain and hydrant layout plan to the City
for review of the fire protection and water supply requirements of the building expansion.
6. The proposed parking lot expansion is required to be constructed in accordance with City Codes and
standards.
Aye: 5 Nay: 0
COMPREHENSIVE PLAN AMENDMENT/REZONING
POSTAL FACILITY/EHW PROPERTIES
After introduction by Mayor Egan, the City Administrator said that this item had been considered by
the Advisory Planning Commission at their October 23 meeting and they had recommended denial. Mr. Hedges
said that once the comprehensive guide plan amendment had been denied, no action was taken on the rezoning
question. Mr. Hedges said that the vote was 4 to 3 and the Commission had expressed frustration at not being
able to debate the issues of this federal project.
Director of Community Development Runkle said that this was a proposal to comp guide and rezone
three acres south of Diffley and east of Johnny Cake Ridge Road. He said that while staff would prefer that
the site be moved further north, it is presently proposed in a location near the proposed school development with
R-4 both north and south of the site. Mr. Runkle said the Post Office was requesting a rezoning to LB (Limited
Business) and concerns had been expressed that the zoning would allow other uses in the future if the facility
is ever converted or sold. He said that a zoning change to a planned development district allowing only a postal
facility with an approved site plan would protect the City and give the City more control of its use in the future.
Mr. Jim Christiansen, a real estate specialist with the Postal Service, said that one concern expressed
at the public hearing was the amount of truck traffic that would frequent this facility. He said he had asked the
current branch manager of the Eagan Post Office to provide information on the type of truck traffic the City
could expect. Mr. John Junek, Manager of the Eagan branch, said that right now they have 44 carrier routes.
He said there are seven large vehicle runs consisting of tractors and/or trailers beginning at 2:15 a.m. and then
at various intervals until 8:00 p.m. He said they were anticipating 35 postal vehicles at the new facility with
drivers arriving between 6:00 and 6:30 a.m. and leaving on their routes at approximately 10:00 a.m. The route
carriers would then return at 2:00 p.m. Mr. Junek said that approximately 1,000 customers visit the Lexington
facility daily. He said while no figures were available on the new facility, he estimated that between 600 and 700
customers per day would be served. He added that the present Eagan branch is used heavily by surrounding
business personnel. He said the peak times for the post office are in the early morning, noon and then again
after work. He said approximately 2/3 of the customers served by the Eagan branch would go to the new
facility. Mayor Egan said that he uses the post office now at 6:00 p.m. and it is very busy at that time. Mr.
Junek said the majority of those customers were coming from small businesses in the area.
Mr. Christiansen said that one of the reasons they picked this particular location was the on and off
access from the freeway for their large vehicles. Mayor Egan said that other locations could meet that criteria
and asked whether any other locations had been studied. Mr. Christiansen said they had found that a postal
facility was not a permitted use anywhere in the City. He said they had looked at several locations but thought
that this site would remove the least amount of property from the tax rolls, would remove some R-4 zoned
property from the City rolls and would serve as a buffer between the RB zoning to the north and the R-4 to the
south of the facility. Mr. Christiansen said it was post office policy to condition the facility on a zoning that
would provide a viable re-use. He pointed out, however, that the only way this property would be resold was
Page 14/EAGAN CITY COUNCIL MINUTES
November 8, 1990
if the facility became too small to serve the needs of the community. Mr. Christiansen said that the present
zoning is R-4 and that an LB zoning would be the least intrusive. He added that a postal use would be a
relatively benign use and even some members on the APC said they would prefer the LB to multi-family zoning.
Mayor Egan asked Mr. Christiansen whether the facility was somewhat larger than the Lexington
building. Mr. Christiansen said that it was in order to be responsive to the City's needs. He said the hours
would be relatively compatible with residential use. Mr. Christiansen said that two members from the EHW
Properties were available to answer any questions.
Councilmember Gustafson said that he appreciated the post office's sensitivity to the tax rolls and the
R-4 situation. He asked what problems would be encountered if the facility were to move closer to the
intersection of Diffley Road and Johnny Cake Ridge Road. Mr. Christiansen said there were sub-soil problems
closer to the intersection and Diffley Road did not allow access to the property anyway. He said moving the
facility further north would involve a median in front of the facility allowing only right in or right out and not
full access. In addition, Mr. Christiansen said they would not need property of that size. He said he was not
certain how ordinances in the City related to interior versus exterior parking, but part of the building was strictly
for interior parking. Director of Community Development Runkle said that buildings would be allowed 35
percent maximum lot coverage regardless of their use.
Councilmember Pawlenty said moving the facility further north would seem to get the post office further
away from the school and residential area. He asked if the median could be redesigned. Director of Public
Works Colbert said that the median as designed would seem to facilitate traffic movement. He said that the
street and median design were in anticipation of future use and could not easily be changed. Councilmember
Gustafson said he was in favor of another post office but did not appreciate this location. He said he also would
like to see the facility moved further north where it would abut the RB zoning. He said this would then have
commercial adjoining commercial. Mayor Egan then asked the Director of Community Development whether
EHW Properties owned the property to the north that was under discussion. Mr. Runkle said that they did.
Councilmember Gustafson said the facility would be subject to heavy traffic and, in addition, would
probably be necessary in the not too distant future. He said the site appears not to meet City requirements
regarding lot coverage and that the post office may need to look at a larger parcel.
Mayor Egan then acknowledged a petition received from the neighbors in the area and asked for public
comment.
Mr. John Verhaeghe said he had circulated a petition regarding their major concerns as they relate to
traffic, the school and the park. He said if 600 to 700 cars could be anticipated, the peak times for these
customers would be during school hours. Mr. Verhaeghe also expressed concerns regarding the City's losing
control of what would be brought in if the facility were ever sold and added that changing from residential to
commercial would be against the philosophy of the City Council. Mr. Verhaeghe said it was inappropriate to
build a post office so close to a school and park but he said moving the site further north would not alleviate
the residents' concerns about traffic.
Mr. Calvin Eich, 1747 Drake Drive, also had concerns regarding a rezoning to commercial. He said the
traffic would be burdensome in a residential neighborhood. He said a number of children have to cross the
street to get to school and the added traffic would be a hazard.
Mayor Egan said that this site would generate 1,000 or 1,000+ visits. He asked the Director of Public
Works what impact that would have on Johnny Cake Ridge Road. Director of Public Works Colbert said that
Johnny Cake Ridge Road was upgraded to handle the ultimate commercial development. He said it was built
to anticipate five figure trips per day and it should handle the amount of traffic anticipated.
Page IS/EAGAN CITY COUNCIL MINUTES
November 8, 1990
Elijah Mobley, of 4160 Nestling Circle, said this was the wrong place to put a post office and it would
be too close to the school. Mr. Mobley said that it would appear that the facility could be put in a different area
to handle a post office of that magnitude. He said that an elementary school would have neighborhood school
buses that would have to contend with the traffic anticipated for the post office. Councilmember McCrea then
asked those in attendance whether they would have bought their homes had they known what would be built in
the area. All agreed that they would not have. Councilmember McCrea said she was concerned about the safety
issues and did not feel this was an appropriate location. .
Mr. John Verhaeghe said that 600-700 people would be coming to this facility who do not have a vested
interest in the neighborhood other than the post office. He said Target and Cub were built in Eagan near a
school; however, the City made certain there was a buffer between them.
Mr. John Junek said that the majority of the evening traffic would stay at the Lexington facility. He said
the new post office would serve mainly residential customers and surrounding businesses. Mr. Junek said that
the majority of industrial users are in Zone 21. He said that peak hours in the a.m. and p.m. would be limited
at the new facility as most commercial and industrial users would stay with the Lexington post office.
Councilmember Pawlenty said at the minimum, he would like to see the facility shifted north. He said
that this location was not going to work. Mayor Egan asked the Director of Community Development whether
staff could work with the post office to find an alternate site. Mr. Runkle said that staff had attempted to assist
the Post Office in the past and would again try to find an alternate site.
McCrea moved, Gustafson seconded, a motion to deny a Comprehensive Guide Plan amendment from
D-II (mixed residential, 0-6 units per acre to LB (Limited Business) for a United States Postal Facility proposed
to be located along the east side of Johnny Cake Ridge Road in the NE 1/4 of Section 15. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
RESIGNATION/GEORGE TRAYNOR
ECONOMIC DEVELOPMENT COMMISSION
After introduction by Mayor Egan, the City Administrator said that George Traynor had made an
excellent contribution to the Economic Development Commission and hated to see him leave.
Gustafson moved, Wachter seconded, a motion to accept with regret the resignation of George Traynor
as a member of the Economic Development Commission and direct the City Administrator to include that
vacancy as a part of the organizational business in January 1991. Aye: 5 Nay. 0
WINTER RECREATION PROPOSED CHANGES
Gustafson moved, McCrea seconded, a motion to approve the recommendation that an alternate site
not be provided during the closure of the Well Site Rink and the recommendation to change the skating hours
at three rinks. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
Wachter moved, Gustafson seconded, a motion to approve a special City Council meeting for November
27, 1990, for the purpose of meeting with the Advisory Planning Commission and final review of the proposed
1991 budget. Aye: 5 Nay: 0
Page 16/EAGAN CITY COUNCIL MINUTES
November 8, 1990
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated October 31, 1990, in the
amount of $2,017,568.50 and the checklist dated November 6,1990, in the amount of $2,363,595.97. Aye: 5 Nay.
0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 10:02 p.m. Those in attendance were Mayor Egan, Coundlmembers Gustafson,
McCrea, Pawlenty, and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session
was adjourned at 10:20 p.m.
CITY OF EAGAN
aCity Clerk
KF
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
November 20, 1990
A regular meeting of the Eagan City Council was held on Tuesday, November 20, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Counciimembers Wachter, Gustafson, McCrea, and
Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle,
Director of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
Mayor Egan said that just prior to the meeting, the City received notification that Crown Coco, Inc.,
had requested that their appeal to the Board of Appeals & Adjustments be dismissed. Residents from the
Fairway Hills development had requested the opportunity to address the City Council and Mayor Egan
recommended that they do so prior to beginning the Consent Agenda. In addition, he recommended that,
in the absence of any Department Head Business, two agenda items also be heard at the beginning of the
meeting. Those items from the Administrative Agenda were:
Item 1. Donated Bam/Bob Engstrom
Item 2. Ice Arena Committee Update
Noting these changes, Wachter moved, Pawlenty seconded, a motion to approve the agenda for
the November 20, 1990, regular City Council. Aye: 5 Nay: 0
MINUTES
Mayor Egan recommended the following clarification to the minutes of the November 8, 1990,
regular City Council meeting:
Page 13, last paragraph, add the word "daily" to the end of the 7th sentence.
McCrea moved, Gustafson seconded, a motion to approve the minutes of the November 8, 1990,
regular City Council meeting as amended. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes of the November 1, 1990,
special City Council meeting. Aye: 5 Nay: 0
NEIGHBORHOOD DRAINAGE ISSUE/FAIRWAY HILLS
Mayor Egan said he had been contacted by residents who live in Fairway Hills adjacent to Parkview
Golf Course who were experiencing drainage problems in the backyard areas of their homes. Mayor Egan
said Ms. Diane Shelby had requested the opportunity to address the Council and would serve as a
spokesperson for her neighbors.
Ms. Gloria Goodland, Don Goodland and Diane Selby approached the Council and Ms. Goodland
said that they live in the Fairway Hills development and their yards back up to the golf course. She said
they had experienced drainage problems which were even more pronounced during the storms In July. She
said it was at that time that she and her neighbors became aware that property covering 25 acres drained
through their backyards. Ms. Goodland said they had talked to Don Larson, owner of Parkview Golf Course,
and found that the City had a pending lawsuit against the golf course. She said that they asked Mr. Larson
if their drainage problems could be solved at the same time as the lawsuit Is settled. She said Mr. Larson
Page 2/EAGAN CITY COUNCIL MINUTES
November 20, 1990
told them he 'would do whatever is necessary.' She said they also asked the City to provide solutions;
however, Ms. Goodland said that the solutions recommended were too severe and would devalue their
property. She said that one of the neighbors had regraded his property and now runoff was directed toward
her home. Ms. Goodland said the neighbors want to get the drainage swale off their yards. She said they
want to be part of the solution with the golf course.
Ms. Diane Selby then showed a brief videotape of their backyards during the last major rain storm.
She added that they were concerned about safety and the value of their homes.
Mr. Joe Miller, also a resident of Fairway Hills, reiterated concerns about the drainage problems he
and his neighbors were experiencing.
Mayor Egan said he had talked to Director of Public Works Colbert and City Administrator Hedges
and asked that additional Information be prepared for presentation to the City Council. He asked that a
report on the issue be made a part of Department Head business at the December 4, 1990, regular City
Council meeting.
ADMINISTRATIVE AGENDA
DONATED BARN/BOB ENGSTROM
After Introduction by Mayor Egan, City Administrator Hedges said that Mr. Bob Engstrom owns a
barn that he would like to donate to the City. Mr. Hedges said If the Council had any interest in accepting
the barn, it could be dismantled and stored until which time the Council decided its use.
Councilmember Wachter said the structure was a small barn and is the approximate size of a triple
garage. He said if the City can put the barn to good use, it would be wrong not to accept it; however, he
said if the City had no use for the structure, there would be no point in Incurring any expense.
Councilmember McCrea said that the barn may have some historical significance but If the barn
cannot be put to good use, she was concerned about the expense involved. Mayor Egan and City
Administrator Hedges then made several comments about possible uses.
Gustafson moved, McCrea seconded, a motion to accept the barn from Bob Engstrom and refer
it to the History Committee for study prior to any decisions on its future use. Aye: 5 Nay: 0
ICE ARENA COMMITTEE UPDATE
After Introduction by Mayor Egan, City Administrator Hedges said that the Ice Arena Committee has
been meeting for the past few months and periodic updates have been provided to the Council. Mr. Hedges
said that their final meeting will be in December and it had been recommended that an executive committee
consisting of members of the City Council and Ice Arena Committee be formed to review the findings of the
Committee and make a final recommendation to the entire Council.
After further discussion, it was determined that Councilmembers Gustafson and McCrea would serve
on an Executive Committee to review the findings of the Ice Arena Committee with provision for a
recommendation to the entire City Council at a later date. No formal action was taken.
Page 3/EAGAN CITY COUNCIL MINUTES
November 20, 1990
t1o
Various points were discussed regarding Items on the Consent Agenda. The Council was pleased
to note a Change Order for a Deduction from the overall costs under Item D, Contract 89-13, Cliff Road
Water Treatment Facility. In addition, a clarification was recommended for Appointments outlined under Item
C, Ratification, Policy Regarding Appointments to Boards, Committees and Commissions.
A Personnel Items
Item 1. It was recommended that the hiring of Bonnie Blood as a temporary Recreation
Programmer be approved.
B. Plumbers Licenses
It was recommended that the Plumbers Licenses be approved as presented In Exhibit A.
C. Ratification, Policy Regarding Appointments to Boards. Committees and Commissions
It was recommended that Item 1D, under Policy/Appointments be changed to read:
'Appointees shall not serve more than 9 years or 3 consecutive terms, whichever is greater."
It was recommended that the policy regarding appointments to boards, committees and
commissions be ratified as amended.
D. Contract 89-13. Cliff Road Water Treatment Facility
It was recommended that Change Order #4 to Contract 89-13 (Cliff Road Water Treatment Facility)
be approved and the Mayor and City Clerk authorized to execute all related documents.
E. Contract 90-16. Approve Plans/Authorize Advertisement for Bids (Pump and Well Repair #3 &
#4
It was recommended that the plans and specifications for Contract 90-17 (Pump and Well Repair
#3 and #4) be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m. on
Thursday, December 13, 1990.
F. Final Plat. Woodlands North Addition R 90.86
It was recommended that the final plat for Woodlands North Addition be approved.
G. Contract 90-16. Receive Bids/Award Contract (Woodlands North - Streets and Utilities
It was recommended that the contract proposal for Contract 90-16 (Woodlands North - Streets &
Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents.
H. Change Order #4. Contract 90-04 (Rahn Road - Street Reconstruction)
It was recommended that Change Order #4 to Contract 90-04 (Rahn Road - Street Reconstruction)
be approved and the Mayor and City Clerk authorized to execute all related documents.
it !Ztom)
Page 4/EAGAN CITY COUNCIL MINUTES
November 20, 1990
1. Contract 90-1, Approve Change Order #1 (Carlson Lake Park - Wescott Station Park)
It was recommended that Change Order #1 to Contract 90-1 (Carlson Lake Park - Wescott Station
Park) be approved and the Mayor and City Clerk authorized to execute all related documents.
J. Stipulation Agreements, Special Assessments. R. J. O'Neil. Project 443 (Trunk Storm Sewer and
Project 461 (Yankee Doodle Road - Streets)
It was recommended that the Stipulation for Settlement for assessment appeals for Project 443 be
approved, the Stipulation for Settlement for assessment appeals for Project 461 be approved, and the
Findings of Fact and Order for Judgment for Project 461 be acknowledged.
McCrea moved, Gustafson seconded, a motion to approve the Consent Agenda with the changes
previously noted. Aye: 5 Nay: 0
VACATION/WESCOTT GARDEN LOTS
After introduction by Mayor Egan, City Administrator Hedges said this public hearing had been
continued to this meeting due to the uncertainty of the Woodlands North Addition plat. Because the plat
has now been approved, portions of Rodger Street, Cedar Street and Birch Street need to be vacated and
Incorporated into the plat. Director of Public Works Colbert said that all notices had been published In the
legal newspaper and all affected property owners notified. There was no public comment.
Pawlenty moved, Wachter seconded, a motion to close the public hearing and approve the vacation
of portions of public rights-of- way for Rodger Street, Birch Street and Cedar Street and the Mayor and City
Clerk authorized to execute all related documents. Aye: 5 Nay: 0
COUNTRY HOME HEIGHTS/PROJECT 605
STREETS, STORM SEWER & STREETLIGHTS
After Introduction by Mayor Egan, City Administrator Hedges said that at the August 7,1990, regular
City Council meeting a public hearing was held regarding storm sewer Improvements associated with Project
595 in Country Home Heights. At the public hearing, a number of residents commented that If
Improvements were to be made, street improvements should also be addressed. The City Council,
therefore, denied Project 595 and authorized the preparation of a new feasibility report for streets and storm
sewer improvements. Streetlights were also Included in the project as their Installation at the time of other
improvements is more economically feasible. An informational meeting was held on November 13 to explain
to residents what the report means and what Project 605 would consist of.
Mr. Joe Harrison presented a petition to the City Council from the neighborhood.
Director of Public Works Colbert then introduced Mark Hanson, of Bonestroo, Rosene, Anderiik and
Associates, for a breakdown of the project. Mr. Hanson said that Country Home Heights is located north
of Lone Oak Road and East of Pilot Knob Road and is one of the older subdivisions in the City and one of
the last with gravel streets. Mr. Hanson said the Improvements Include storm sewer, streets and streetlights.
The storm sewer is broken into two sections consisting basically of laterals which are proposed to be
assessed with the exception of the storm sewer in Egan Avenue which extends from Pilot Knob Road to the
Page 5/EAGAN CITY COUNCIL MINUTES
November 20, 1990
park. The street Improvements provide basically for the upgrade to bituminous with concrete curb and
gutter. He said it was proposed at this time that the street be 32 foot wide which Is the standard residential
width in the City of Eagan. All assessments are on a per lot basis with full lot and partial lot equivalents.
Mr. Hanson said that the streetlight Improvements extend beyond the Improvement area and some additional
lots are proposed to be assessed for those streetlights. He said there were 29 streetlights proposed and
their Installation would be coordinated with NSP. He said the cost for the improvements would be for lateral
storm sewer, trunk storm sewer, streetlights, and streets for a total of $662,090. Mr. Hanson said that the
only cost to be assessed would be for lateral storm sewer, streetlights and streets. He said the total
assessment per lot for these Improvements would be $10,170. He said that If they were Included on the
property tax statements, they would be spread over 15 years at 9 percent Interest.
Before beginning the public hearing, Mayor Egan made several comments. He said he was elected
to represent 18,000 homes in the City of Eagan. Mayor Egan said that Project 605 affects his own home
as he lives In Country Home Heights. He said that while he has done some research Into the Issue, he said
he could not vote and would abstain from voting on the project. Mayor Egan then went on to say that he
would field questions but would not be involved In the discussion. The public hearing was then opened for
public comment.
Mr. Joe Harrison, 2811 Beam Lane, said he had lived in Eagan for 40 years. He said his home is
in a flood plain and he said that would not change even If storm sewers were installed. He then asked why
this Improvement was not done with the upgrade of Pilot Knob Road. He said it would have been more
feasible and reasonable then. Mr. Harrison then went on to say there are a number of retired people In
Country Home Heights who would have to pay these large assessments and between the assessments and
taxes, they would be driven from their homes. Mr. Harrison said the improvement was not necessary and
approximately 50 people did not want the Improvement while only 5 did.
The next resident to speak said If any of the homeowners had equity in their homes, it would be
wiped out with this improvement. He said that airport noise has already devalued their properties.
Ms. Liz Nelson of 2998 Burnside Avenue said that when petitions for improvements were explained,
there were only two ways to order a feasibility report prepared. She said those two ways were to have a
recognized petition of the homeowners or an order from the City Council. She said they have presented
a petition with 71 homeowners' names and at least 70 percent of those do not want the improvement. She
asked who had ordered the study. City Administrator Hedges said that the City Council had made that
determination. He said there were a number of reasons why the City Council could order improvements
and some of those dealt with health, safety and welfare issues. Mr. Hedges said that after considering public
comment at the public hearing on Project 595, the City Council had ordered this feasibility report.
Mr. Gene Sell of 2984 Burnside Avenue said he was opposed by arithmetic. He said Country Home
Heights has a number of retired people and working people who are worried about lay-offs, wars and we
are looking at almost $5,000 per year for this assessment. He said right now many of them cannot afford
this kind of Improvement. Mr. Sell said that working people were hurting and someone had to say no.
Mr. Joe Christiansen, 2885 Egan Avenue, said he was one of the people who had asked for the
feasibility report because of a continuing drainage problem. He said it was not the first time he had raised
the issue. Mr. Christiansen said that Mr. Harrison asked earlier why the Improvement wasn't done with the
upgrade of Pilot Knob Road. Mr. Christiansen said he had asked that it be studied at that time and a study
was done. However, when the vote was taken, two of the Councilmembers voted for a limited Improvement
and two voted for a larger project and with Mr. Egan abstaining, no majority was reached. He said that
because it was not the necessary 4/5ths majority, the project was not ordered In. Mr. Christiansen said he
had experienced significant difficulties because of the amount of water coming down the hill near his home.
Page 6/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mr. Christiansen's neighbor, Mr. Jim Burt, had also experienced these problems and rather than decreasing,
their problems were increasing. Mr. Christiansen said he had again raised the issue with the City Council
this spring and because of their request, the City Council had asked that a feasibility report be prepared to
look at the entire picture. Mr. Christiansen said that theirs is a legitimate problem because there Is a
municipal park that floods and that in turn floods the streets and his property. He said he felt the City had
a legitimate obligation to solve these problems and the longer it goes, the cost of the improvements would
continue to go up. He said the latest numbers were multiple of what they were when the original proposal
was made. City Administrator Hedges said that Mr. Christiansen had raised the issue of a senior citizen
deferment for those retired persons in Country Home Heights. He said the senior citizen deferment Is based
on age and, If the project is approved, senior citizens may wish to check this option. He said a number
have been approved In the past.
Mayor Egan asked Director of Public Works Colbert whether these improvements would correct the
flooding. Mr. Colbert said that presently there Is no storm sewer outlet in Country Home Park and, therefore,
no way to calculate the magnitude of any flooding impact in that area based on any storm. Mr. Colbert said
because there was no way to drain off water that may accumulate in that area and without knowing how
much is retained, he said it was difficult to Identify the maximum elevation of any storm. He said with the
installation of these improvements, the maximum elevation that waters should reach based on a hundred
year storm could be calculated. He said the Improvements would allow water to drain away as the rain is
occurring as well as handling runoff from the rainfall. Mr. Colbert said that this project would define a `Hood
plain" or the maximum negative water elevation from a storm.
Mr. Herb Kaiser of 2909 Egan Avenue said he did not go along with this project. He said he has
never had a flooding problem. He said if the improvements are put In, the drains will freeze up and create
a problem. He said his property has good drainage in the winter and he doesn't want and doesn't need this
project. Because of additional comments by Mr. Kaiser, Director of Public Works Colbert felt that some
areas needed to be clarified. He said the City is not trying to push this project through nor did any member
of the staff say it would probably be approved. He said he stated at the Informational meeting that he did
not know whether the project would be approved, but there were only three possibilities and they were: 1)
approval, 2) denial and 3) continuance. Mr. Kaiser said he Is hard of hearing but admitted he might have
heard that. Mr. Kaiser said that the project was not wanted. He also made the comment that if a senior
citizen were to request a senior citizen deferment, by the time they got through paying the Interest, they may
as well turn their property over to the County.
Mr. Glen Hintz, 2844 Beam Lane, said that he appreciated Mr. Christiansen's problem; however, he
felt there were a lot less expensive ways to solve the problem. He said all that would be necessary to solve
these problems would be to raise the street, bring in some fill for some of the surrounding properties, and
let the water drain Into the park where it would percolate away, usually within two days.
Mr. Jay Olson of 2893 Fairlawn Place said that while he did not like the project, he felt Mr.
Christiansen had the right to speak. He said as far as the water problems go In the park, it is sandy soil and
any water was absorbed very quickly. He said it was only when it was frozen that a problem was created.
He said he didn't want the streets but would consider sewer only.
Mr. Chuck Maloney, 2970 Egan Avenue, said he has had a 15 inch storm sewer pipe in his backyard
since 1978 that the City didn't know was there. He said it was put in by Mr. Popplar to trade off how Eagan
Avenue went. He said just this spring between his lot and the adjoining lot, there was six feet of water. He
said his children have skated on the area in the winter. Mr. Maloney said that he also would like to know
why the project was not put in with the upgrade of Pilot Knob Road. In answer to a question by Director
of Public Works Colbert, Mr. Maloney said that there were no spring or snow melt problems with the area.
Page 7/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mr. Jim Burt of 2891 Egan Avenue said he appreciated the opinions and the financial difficulties of
his neighbors. He said he has only been in his home six years, however, the drainage problems have gotten
progressively worse. He said the culvert near his property fills up and then the sludge runs into his yard.
Mr. Burt said he did not contact the City until the problem became overwhelming. He said City crews had
been out to clean the sludge out of his yard and rout out the culvert. He said the problem needs to be
taken care of before the runoff next spring. Mr. Burt said he had gone through the proper channels and
came to the meeting, voiced his opinion and the City Council ordered a feasibility study prepared. Mr. Burt
said a number of his neighbors acted like he had Initiated the feasibility study, however, it was ordered by
the Council. He said the rest of Eagan had hard surface road and he would like to see them Installed in
Country Home Heights also. Mr. Burt said all he has ever asked Is being entitled to his own opinion and
having the right to have the problem taken care of by the City.
Mr. Les Jones, 2850 Violet Lane, said he believed there were problems with water in the
neighborhood; however, he wondered why such an elaborate plan was necessary. He said if street
Improvements are needed, why was it necessary to have curb and gutter and not just blacktop. He said
other cities had used just blacktop, which he said would be much cheaper than what was being proposed.
Mr Jones said he would like to see the City take a common sense approach to the problem and have the
problem solved without all the additional improvements and associated costs. Director of Public Works said
that it Is City policy that when a street Is installed that it is to City standards and that City standard Is
concrete curb and gutter with bituminous surfacing and storm sewer catch basins to handle the runoff from
the street. He said the City has not deviated from that standard. He said that with blacktop surfacing, runoff
Is increased and concrete curb and gutter are then needed to handle that runoff. He said the only things
that would be gained with blacktop are minimizing the amount of road grading that would have to be done
and the amount of restoration of wash-outs needed after rain storms. He said without concrete curb and
gutter, the edge of the blacktop surface would gradually break up thereby Increasing maintenance costs.
Mr. Jones said that not all roads were built with concrete curb and gutter. Mr. Colbert said that all of those
not build with concrete curb and gutter are roads with rural ditches. However, he said Country Home
Heights is graded to an urban design and does not have these deep ditches nor Is there room to add them.
Mr. John Klein of 1495 Lone Oak Road said he did not live in Country Home Heights but a question
had been asked as to why the Improvements had not been put in earlier. He said there was a program to
do the improvements with the upgrade of Pilot Knob Road, but the residents did not want it then and that's
why there are problems there today.
Mr. Jeff Rayburn of 2947 Inland Road said he had lived In Country Home Heights five months. He
said he purchased it because it had a neighborhood atmosphere. He said the neighborhood is older and
not antiseptic like some neighborhoods are. He said he has children and can't afford the improvements and
can't Imagine how the retired people in the neighborhood will pay for the Improvements. He said it was
clear that not all senior citizens would be qualified for a senior citizen deferment and he recommended that
anyone who Is considering such a deferment clarify whether they are qualified before they leave this evening.
Mr. Rayburn said the neighborhood was built to be rustic and he prefers that it stay that way.
Ms. Dottie Ginsburg of 2816 Beam said that she had already mailed a letter to the City for
consideration but wanted to say she liked the atmosphere of the neighborhood and would like It to continue.
Mr. Bud Lutz, 2960 Egan Avenue, said he had concerns about what would occur if the roads were
improved and traffic Increased. Mr. Lutz said that people drive slowly through their neighborhood now
because they have to, but wondered If they would If the street were a 32 foot wide bituminous road. Mayor
Egan asked Director of Public Works Colbert whether a traffic study had been done and what the impact
would be of people taking short-cuts through the neighborhood. Director of Public Works Colbert said that
no formal study had been done. He said short-cutting Is a human behavior that could not be measured.
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Page 8/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mr. Colbert said that a traffic count had not been done on a gravel road but could be done. Mayor Egan
then asked the Director of Public Works what the criteria was for the City to reduce a 32 foot roadway down
to a 28 foot roadway. Mr. Colbert said that cul-de-sacs or streets projected to carry less than 300 vehicles
per day could be reduced from 32 foot to 28 foot.
Mr. Mike Ekblad, 2860 Pilot Knob Road, said he had sent a letter to the City Council regarding this
issue. He said he was under the impression that a 15 Inch storm sewer would not handle major storms.
He said runoff has not been handled on Pilot Knob Road either. He said he did not understand the need
for a street as wide as 32 feet. He then questioned the need for streetlights as they have not been shown
to deter crime. But he said If streetlights were to be Installed, he hoped that they would operate on an
alternate fuel.
As to the history of Country Home Heights, Mr. Ekblad said that Mr. Poppler had sold a number of
lots to Marcel Bums, who in turn sold seven lots to the City. Mr. Ekblad said that they were considered
unbuildable. The City built a park on five lots and then sold two of the lots. Mr. Ekblad said that the City
knew there was a problem with the lots then and they should have thought of a solution at that time. He
said the water problems in the area had been ongoing during the 40 years he has lived there. Mr. Ekblad
said the City should consider percolation of water Into the ground rather than adding to the problems with
more blacktop and the resulting silt flowing Into Poppler Pond and LeMay Lake. In addition, If the
Improvements are put In, the storm sewer should be assessed to all lots including the City.
Mr. Joe Harrison said he would like to go back to the statement that storm sewers would alleviate
the problem. He said the consulting engineers for the City said it would not. He said he still could not
understand why the improvements were not put In with the upgrade of Pilot Knob Road. Mr. Harrison added
that with the senior citizen deferment, the interest still goes on.
Mr. Mike Laughlin of 2905 Egan Avenue asked Director of Public Works Colbert if he had figures
on the cost for the City to keep the roads graded. Director of Public Works Colbert said he did not have
actual records of the upkeep on gravel roads but have estimated that with grading, dust control and some
rehabilitation to the road, it would be approximately $5,415 per mile per year. In comparison, Mr. Colbert
said that for bituminous, including street sweeping, some catch basin cleaning, and sealcoating over a 20
year period would annualize to approximately $2,900 per mile. Mr. Colbert said that on top of routine
maintenance costs, it would be necessary to add maintenance activities associated with major rain storms
where culverts are plugged or washed out and temporary pumping, however, these costs have not been
broken down. A resident then asked when staff figured the cost, whether they had Included the difference
in the cost of installation. Mr. Colbert Indicated they had not.
Mr. Joe Christiansen said that he had reviewed the Information that had gone to the City Council.
He said a statement was included in that information that staff was looking at whether the amount of the
benefit was equivalent to the amount of the assessment. He went on to say that it was his understanding
that preliminary analysis had shown that it was not. Mr. Colbert said that was accurate and that while the
City did not know what the final costs would be, some contribution by the City was likely for this
Improvement. A resident asked whether the cost would be greater than what had been proposed. Director
of Public Works Colbert said they did not anticipate additional costs as contingencies were built Into the
estimates. However, if it was shown that the costs were greater than 10 percent of projection, a new public
hearing would be ordered for public comment.
Councilmember Wachter said whenever they have had a great deal of opposition to a project, it has
not been approved. He said he had made the motion to conduct the feasibility report, however, If the
project Is not approved, the study will be filed and used when necessary.
Page 9/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Council member Gustafson said he would like to clarify several Issues. He said the first was why the
study was conducted. He said Mr. Christiansen and Mr. Burt have asked that flooding of their yards be
corrected. After public Input at the last public hearing, the Council decided to look at the entire package.
He said he had seconded the motion to conduct this study. He said another question that was asked was
why this improvement was not done in the past. He said that while he was not on the City Council, one
resident had said It was not done because of a 2-2 vote on a previous project and a second opportunity
had been rejected because the residents had indicated It was not wanted. The Councilmember did say,
however, that a $10,000 assessment was not realistic. He said that a time and place would come when
gravel roads would be looked at again. He said that gravel roads In Country Home Heights cost more for
upkeep, however, additional taxes are also necessary for the equipment needed to plow cul-de-sacs. He
then asked whether the Council could make the statement that the roads In Country Home Heights would
always remain gravel. He said he did not believe that in the long-term that would be a good decision.
Councilmember Gustafson pointed out that costs will continue to Increase and that the residents will either
pay now or pay later.
Councilmember McCrea said that notwithstanding the testimony that had been taken at the public
hearing, the problems being experienced by Mr. Burt and Mr. Christiansen still needed to be addressed and
she would be willing to take up the issue again at another meeting. Councilmember McCrea said she was
concerned that the cost to maintain streets in Country Home Heights were twice as much as maintenance
on other streets in the City. She said she was not proposing It now, but the Council may consider an
assessment against the properties for these maintenance costs in the future.
Councilmember Pawlenty said he was Interested in the policy discussion regarding whether gravel
roads should continue to exist in the City. He said he was also interested in the comment by
Councilmember Wachter that an Improvement has never been ordered In unless It was wanted by the
neighborhood. Counciimember Pawlenty said that because 70 percent of the neighborhood was against
the improvement, he gave their testimony great weight. However, he pointed out that Mr. Christiansen and
Mr. Burt continue to have problems and the City had an obligation to address those problems. He said If
the park floods and causes problems for adjacent property owners, then something has to be done about
It. The Councilmember said that the policy question remains, however, and that is whether to allow gravel
roads to remain forever. He said if the answer is yes, so be It. However, if the answer is no, the City is only
delaying the inevitable and that could result in a costly solution. Councilmember Pawlenty said it was also
pointed out that if the assessment is more than the increased value of the property, the City would have to
participate in the cost of the improvements. He then asked the audience If the cost were $5,000 per lot,
whether the neighborhood would support the improvement. (Approximately half of those in attendance
Indicated they would support the Improvement at a cost of $5000 per lot).
Councilmember Wachter moved, Gustafson seconded a motion to close the public hearing and deny
Project 605 (Country Home Heights - Streets, Storm Sewer and Streetlights).
Councilmember Pawlenty said he would like to see some direction regarding the resolution of the
problems in Country Home Heights. Councilmember McCrea said that costs to the City continue to go up
every year and perhaps City participation should be included in the project because the cost to the City in
maintenance would go down.
Aye: 4 Nay: 0 (Egan abstained)
In response to Councilmember Pawlenty's comments, Mayor Egan said the City did have an
obligation to preliminarily resolve some continuing problems in Country Home Heights. The Mayor said he
also wished to point out that Mr. Christiansen and Mr. Burt had not built homes on 'unbuildable' lots. He
said that the City had determined that the lots were buildable approximately 40 years ago. He said that if
Page 10/EAGAN CITY COUNCIL MINUTES
November 20, 1990
the City helped Mr. Christiansen and Mr. Burt, It was not doing something to benefit them In a unique or
specialized way but these two properties have a drainage problem and the City has, if not a legal, a moral
obligation to help them resolve it. Councilmember McCrea said that perhaps staff should be directed to
bring back the types of Immediate solutions that are available for the area. Councilmember Pawlenty said
he would like to know the options. Councimember Wachter said that it had been suggested earlier in the
evening that the road be raised In the flooding area and he said he would like that option explored.
Councilmember Gustafson said he agreed that staff should come back with some solutions as quickly as
possible to address the flooding, however, he also thought a time limit should be set In which a policy
decision regarding gravel roads would be discussed.
Councilmember McCrea said that It was obvious the neighbors did not want paved roads In their
neighborhood. She said that if the neighborhood wants gravel roads forever, she would like to see them
petition and have it become a permanent part of the zoning ordinance, making Country Home Heights a
unique part of Eagan. Councilmember Wachter said such a proposal would not be In the best interests of
all concerned. Councilmember McCrea said she would be willing to do that or she would be willing to
entertain a proposal from the neighborhood that said they were willing to commit to this project if the costs
did not exceed $5,000 per lot. However, she pointed out any further action In the Country Home Heights
neighborhood would have to be at the request of the residents.
Mr. Chuck Maloney then asked exactly how many miles of gravel roads were in Country Home
Heights. Director of Public Works Colbert said that there was approximately a mile and one-half with
approximate maintenance costs of $8,100 per year. Mr. Maloney said that perhaps the Country Home
Heights residents would be willing to offset the grader costs.
CONDITIONAL USE PERMIT/SAFETY KLEEN
Mayor Egan said it was his understanding that this item had been recommended for continuance.
Gustafson moved, Wachter seconded a motion to continue to the December 18, 1990 City Council
meeting, further consideration of the Safety l9een conditional use permit, to allow outdoor storage in an Li
district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park. Aye: 5 Nay: 0
SPECIAL USE PERMIT/CUB FOODS
After introduction by Mayor Egan, the City Administrator said that this item had been continued at
the November 8, 1990 City Council meeting to allow the applicant to appear before the Council and answer
questions.
Mr. DuWayne Johnson said he is the applicant and an Eagan resident. Mr. Johnson said he had
applied for a special use permit after the fact because he had called the City to see if a permit was needed
and had not received an answer. He said he was originally on the sidewalk with ropes around the area,
however, had been recently moved Into the parking lot. He said if this created a problem, he would prefer
to be moved to the north end of the building on the sidewalk which was wider than in the front of the
building.
Councilmember McCrea asked Mr. Johnson if his was considered a small business. Mr. Johnson
said it is a small family owned business. Mr. Johnson said his hours of operation would be 9:00 a.m. to 9:00
Page 11/EAGAN CITY COUNCIL MINUTES
November 20, 1990
p.m. every other Saturday and Sunday. In answer to Councilmember McCrea's question Mr. Johnson said
that when he Is not conducting sales In the Cub parking lot the vehicle Is taken off-site.
Councilmember Wachter said that when Cub came to the City with a landscaping sales proposal,
the City Council had adopted an informal policy that sales of that type would not be allowed in the parking
lot In the future. He said this type of operation would be better in an office area. Councilmember McCrea
pointed out, however, that this was two weekend days every other week and Is a•small business that is
Eagan owned and operated.
Mayor Egan asked Director of Community Development Runkle what concerns staff had regarding
the application. Mr. Runkle said that staffs concerns centered around pedestrian traffic to the sales van In
the parking lot. He said that moving the van off the parking lot onto the sidewalk may be a solution.
Councilmember Gustafson said that If the permit Is approved, a third conditions should be that sales
are limited to the sidewalk area.
Mayor Egan said this is the same operation that Is located at the Cub in West St. Paul and it seems
to function fairly well in that area. Councilmember McCrea said that she was inclined to approve the special
use permit because the health and safety Issues had been negated.
McCrea moved, Gustafson seconded a motion to approve a special use permit to allow the
temporary sale of mini-donuts in the Cub Foods parking lot located at 1940 Cliff Lake Road subject to the
following conditions:
1. The operation shall be limited to Saturdays and Sundays from 9:00 a.m. to 9:00 p.m.
2. The permit Is valid until November 1991.
3. Sales shall be clearly delineated at the north end of the sidewalk and provide a sufficient amount
of space to keep customers out of available parking spaces and traffic lanes.
Aye: 4 Nay: 1 (Wachter)
VARIANCE/WATER HEATER INNOVATIONS
After introduction by Mayor Egan, the City Administrator said that this item had been before the City
Council at their November 8, 1990 meeting. He said at that time the Council had directed staff to meet with
the applicant to review the location being requested and address concerns about loading the silos from the
street.
Director of Community Development Runkle said they have looked at the location to Investigate
whether loading could be resolved off-street. He said that while setbacks could be met If the silos were
moved to the front of the building, the aesthetics of the location would be affected. He said they also looked
at moving the silos to the north side of the building, however, that would place it In close proximity to a
major trunk water line located along the south side of Meadowview Road. Mr. Runkle said that the only
option not addressed was whether a different type of silo could be used which would not Interfere with the
overhead electrical lines on the west side of the building.
Director of Public Works Colbert said as the variance was Investigated, a new concern arose
regarding the proximity of the silos to the 12' trunk water line located along the south side of Meadowview
Road. He said their concerns were In regard to having a structure this close to the water main which could
be a hazard to the stability of the silo If there were a water main break. He said the construction of the silo
F F 3
Page 12/EAGAN CITY COUNCIL MINUTES
November 20, 1990
on this location would make it more difficult to access the water main as the foundation of the silo would
be within seven feet of the water main.
A representative of Water Heater Innovations, Inc., said they have investigated the options available
to them. He said if they located the silos on the north side of the building, it would require the construction
of a buried retaining wall. He said the retaining wall would double the cost of the project. The second
option they Investigated was moving the silos to the front of the building as this could be done without
applying for a variance. He said they had also contacted NSP regarding burying the cables for the overhead
lines on the west side of the building, however, that cost was prohibitive at $20,000 - 25,000. He said they
had Investigated shorter silos at half the capacity for the west side, however, they were still 16' tall and
would be too close to the overhead electrical wires. The representative said that left them with basically two
choices which were to place the silos in the front of the building or on the north end of the building with a
buried retaining wall.
After pointing out that the hardship for this variance was the aesthetics, Gustafson moved, Wachter
seconded a motion to approve the variance of 14' to the 20' side yard setback for Water Heater Innovations
for their facility at 3107 Sibley Memorial Highway, subject to the following conditions:
1. Applicant will work with staff and provide additional landscaping on site.
2. All other applicable ordinances are met.
3. A buried retaining wall will be installed as determined by staff.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AGREEMENT/R.J. O'NEIL PROPERTY
After Introduction by Mayor Egan, the City Administrator said that this Issue had been before the
City Council for a number of years. He said that making access to the property to the west of this parcel
should not be a condition of the planned development at this time. He said when the properties are platted
it would allow for staff review and it could be addressed at that time.
Mayor Egan asked a question about the planned development agreement and specifically a
sentence under Events of Default and Remedies. He said that In effect If the applicant came In with a small
portion of the total plat and received final plat, it would extend for another five years the period before which
the applicant could be declared in default. He questioned whether this was a concern for the City. City
Attorney Jim Sheldon said that in an ordinary situation it would be, however, since this property has been
planned, replanned and organized over the past five years, he said it was believed that this is the ultimate
plan for this property. Mr. Sheldon said that this Is one of the larger pieces of property remaining In the City
and with development schedules, the Department of Community Development believed this provision was
appropriate.
Wachter moved, Gustafson seconded a motion to finalize the O'Neil planned development
agreement excluding the condition concerning the west access to the Lance property within the planned
development. Aye: 5 Nay: 0
At 9:10 p.m. the regular City Council meeting was suspended for the purpose of convening a
meeting of the Board of Adjustments and Appeals. Mayor Egan said it had come to his attention that Crown
Coco, Inc. had withdrawn their appeal.
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Page 13/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Gustafson moved, McCrea seconded a motion to accept Crown Coco, Inc.'s request for dismissal
of their appeal In the denial of a conditional use permit for a pylon sign and variance of 23 feet In pylon sign
height for a gas station at 4195 Nicols Road. Aye: 5 Nay: 0
After adjourning the meeting of the Board of Adjustments and Appeals, the November 20, 1990
regular City Council meeting was reconvened.
1991 LIQUOR LICENSE RENEWALS
After introduction by Mayor Egan, the City Administrator said the 1991 liquor licenses were being
presented to the City Council for renewal. He said it was staff's recommendation that any affirmative action
be conditioned upon Police Department review. Mr. Hedges said, In addition, the liquor license fee and
application have not been received from Richard Barone, whose liquor license had been granted on
February 6, 1990. City Administrator Hedges recommended separate action on that item.
Mayor Egan then asked the City Administrator whether the Mr. Barone's license would become
available for another applicant. Mr. Hedges said that it would in 1991.
McCrea moved, Pawlenty seconded a motion to approve the liquor license renewals as presented
subject to two modifications: 1) that all licenses would be subject to successful completion of police review
and 2) that the off-sale liquor license granted to Richard Barone on February 6, 1990 be declared null and
void. Aye: 5 Nay: 0
STRYKER ADDITION/PRELIMINARY PLAT EXTENSION
After Introduction by Mayor Egan, the City Administrator said that the preliminary plat extension for
the Stryker Addition, which is located along Beau de Rue Drive and Rahn Road includes a request from the
applicant to change three conditions of the preliminary plat approval.
Director of Community Development Runkle then explained the three modifications to the conditions:
1) Condition #3 provided that the cross Ingress/egress and parking easements shall be submitted with
the final plat. Mr. Runkle said the applicant would like to eliminate the parking portion only. He said
that staff and the City Attorneys office feel this Is acceptable since there Is adequate parking for
each lot.
2) Condition #4 provided that the parking lot shall have a 20 foot setback along the public streets and
shall be resurfaced and striped and shall have concrete curbs. Mr. Runkle said the applicant said
that the cost of resurfacing the lot with concrete curbing would be cost prohibitive. He said the
applicant Is proposing a modular Interlocking curbing system; however, the Engineering Department
of the City does not feel that the curbing would meet City requirements. Mr. Runkle said the
applicant Is requesting that the 20 foot setback requirement be waived.
3) Condition #8 provides that the adjoining parking lot should be resurfaced and striped. Mr. Runkle
said the applicant would like the option of sealcoating and striping the parking lot In connection with
the final plat approval or re-blacktop and stripe the parking lot of proposed Lot 1 within two years
of the final plat approval. He added that the Engineering Department said that an overlay would be
a better long-term solution.
Page 14/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mayor Egan said it was his understanding that staff agreed with the waiver of Condition 3, however,
had concerns about Conditions 4 and 8. He then asked Director of Public Works Colbert what staff's
objections were to a Interlocking curbing system. Mr. Colbert said that the applicant was proposing a pre-
manufactured curb and gutter system which Involved modular Interlocking pieces. He said the City had
evaluated the curb before and has found that it Is not satisfactory for the long-term In aesthetics or function.
Mr. Colbert said it had been allowed In one of the Industrial parks, however, staff Is disappointed in Its
stability.
Counciimember Gustafson said that In addition to the concrete curb, Condition #4 also deals with
the 20 foot setback. He said there Is a retaining wall on the site and asked what the present setbacks were.
He asked how far under 20 feet the setbacks were. Director of Public Works Colbert said the setbacks
range all the way from a minus three feet to In excess of 20 feet.
Mr. Bryce Huemoeller of DCR said it was Important to keep In mind the overall benefits that the City
would derive from the subdivision of this property. He said since there are some benefits to the City
because of the subdivision, he thought there should be some give and take on the requirements. He said
that some of the Improvements should be confined to those which are necessary. Mr. Huemoeller said that
there is no question that the liquor store parcel needs major aesthetic and functional work. He did feel,
however, that some of the requirements went beyond that which was necessary to bring the project up to
City standards. The subdivision allow separate ownership which also meant separate taxing parcels. He
said because of those benefits to the City, there should be some balance In the requirements.
Mr. Huemoeller said that in addressing specific improvements, he did not feel it was a requirement
of the ordinance to comply with the 20 foot setback. He said to comply with the setback requirement would
result in hardship to these parcels because of the loss of parking spaces and the requirement that the
parking lot be totally reconfigured. Mr. Huemoeller said that his company thought patching, an overlay and
striping would bring the parking lot up to acceptable standards. He said they also preferred to use the
preformed concrete curb and felt it would be an improvement to the property. Mr. Huemoeller went on to
list substantial improvements they Intend to make to the area with the dean-up of the yard, scrubs, the
elimination of some trees, the addition of others, the enclosure of trash, the Improvements to the parking
lot and the striping. Mr. Huemoeller said a reasonable approach to this project is a give and take in
response to the curb and overlay. In addressing Condition #8, Mr. Huemoeller said that the Initial talks with
the City only involved sealcoating and re-striping. He said that is all that is necessary at the present time.
Mr. Huemoeller said that DCR is also looking into the parking configuration at the strip center and they have
set up a two-year plan to redo the parking system. He said it Is DCR's position that a balanced and
equitable approach would be to allow patching and overlay In the liquor store parking lot, In addition to the
Interlocking curb system.
Mayor Egan then asked Director of Public Works Colbert what condition the strip center parking lot
was In at this time. Mr. Colbert said it Is In an aged condition and If It were a City street, it would be time
for an overlay. He said sealcoating may be adequate, but an overlay would extend the life of the parking
lot.
Councilmember Pawlenty said this is a redevelopment project and it appears the City is trying to
retrofit current City standards onto to something built a long time ago. The Councfinember said this Is a
small business saying that this is a burdensome requirement and would be a problem. He said it appeared
to him that the interlocking curb was not a good Idea, however, he heard several arguments on blacktop
versus sealcoating. He said it was his general observation that all of these requirements may have to be
done, but this is a redevelopment not a development project and the City needs to be mindful of the cost
benefit analysis as it relates to the applicant.
Page 15/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Councilmember Gustafson asked whether the curbing would be installed In both parcels. The
applicant said he was of the understanding that the curbing would be required In the liquor store parking
lot only. Director of Public Works Colbert said If an existing parking lot is not intended to be disturbed, they
would not expect curbing to be installed. He did point out, however, that If the parking lot is being
reconfigured and/or changed, the concrete curb should be installed anywhere the parking lot is being
reconstructed.
Counciimember Gustafson said after looking at photographs of the Interlocking type curb, he had
some concerns about deviating from the standard concrete curb, but he said it should be confined to the
liquor store parking lot only. He said he would go along with the sealcoating and striping at the strip center
without the overlay. He said he could also accept the parking lot as it Is in regard to right-of-way and not
bring it back to the 20 foot requirement as it would obviously pose a problem. Mr. Huemoeller said that
DCR had already leased the liquor store and If they were required to overhaul the parking lot, It would create
an economic hardship. He added that shrinking the parking lot to comply with the 20 foot setback would
be an additional burden.
Mayor Egan asked Director of Public Works Colbert If the City accepted the second option on
Condition #8 to allow the applicant to blacktop and stripe the parking lot within two years, how the financing
would be guaranteed. Mr. Huemoeller said it would be guaranteed with a letter of credit. Mayor Egan asked
if the applicant was intending to carry the letter of credit for the entire two years and the applicant said that
they were. The Mayor then asked legal counsel If that would be acceptable and City Attorney Sheldon
indicated it would. As a general observation, Mayor Egan said he was leaning toward accepting the
recommendation of the staff on Condition #3, however, he was inclined to remain firm on Condition #4 as
it related to the concrete curbs. Councilmember Pawlenty said he generally agreed with the Mayor's
position, however, he still had questions regarding the 20 foot setback. Councilmember Gustafson said that
the applicants were working with less than favorable conditions as to the height of the parking lot in
relationship to Beau de Reau Drive and Rahn Road. He said he thought the City should get compliance in
as many areas as possible, however, he did not want the property to stay In the condition it Is presently in.
Mayor Egan said he was willing to accept the staff position that we need not worry about the setbacks until
the parking lot is resurfaced. Councilmember Gustafson said he assumed that resurfacing would take place
right away on the liquor store parcel. The applicant said it was his understanding that If the parking lot were
to be replaced, that is when curb would have to be Installed and setbacks complied with.
For clarification, Director of Public Works Colbert said that from an engineering perspective, the
difference between maintenance and reconstruction is that maintenance Involves patching, repairing and
overlaying and reconstruction consists of a new surface in addition to the poured in place concrete curb
system. If the City leaves the parking lot in its present configuration and requires the new concrete curbs,
Councilmember Gustafson asked whether the City was leaving Itself In an undesirable situation. Director
of Public Works Colbert said If the City requires that new concrete curbs be constructed, it would be difficult
to require the 20 foot setback at a later date because of the permanency of the concrete curb.
Councilmember Gustafson said he would be willing to give up the 20 foot setback to get the concrete curbs,
but that would leave the City with the parking lot as it Is. Director of Public Works Colbert asked what
problems were Involved with providing the 20 foot setback. Mr. Huemoeller said it would not make the
parking lot unfunctional, but it would create significant problems for them from a parking standpoint, an
overall traffic flow standpoint and cause problems with their lease. Mr. Colbert said that if the 20 foot
setback were required, there would be less parking lot to patch and overlay and those costs could be put
toward the permanent concrete curbing. He said If the applicant was stating that a 20 foot setback creates
a hardship, staff would need to address what hardships are created. He asked whether they would lose
parking stalls, driving aisle width or circulation.
i?, rrff Fr-
Page 16/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Rather than take the hardship statements on faith, Councilmember Pawlenty asked that staff be
directed to look at the situation critically and professionally and then come back to the City Council with
their findings. Mayor Egan agreed and suggested that the Rem be carried over to conduct these studies.
Counclimember Pawlenty moved, Gustafson seconded a motion that the preliminary plat extension
for the Stryker Addition consisting of two lots containing the Big Top Liquor Store and Cedarvale Highlands
be continued to the December 18 regular City Council meeting with staff being directed to analyze the
hardship or problems being created If the 20 foot setback were required and provide additional information
as to whether the parking lot needs to be reconstructed or whether the patch and seal approach would be
adequate. Aye: 5 Nay: 0
VARIANCE/ROSS BIRD
After Introduction by Mayor Egan, City Administrator Hedges said that this was a request by -Ross
Bird for a 10 foot variance to the required 30 foot frontyard setback for Lot 4, Block 1, Prettyman Heights
Addition. Mr. Hedges said the Rem did not require Advisory Planning Commission action.
Director of Community Development Runkle said that this is part of the Prettyman Heights plat. He
said that the topography breaks at the end of the cul-de-sac where the variance is being requested. Mr.
Runkle said the applicant feels the variance is necessary to move the house 10 feet closer to the front
property line because of this topography. Mr. Runkle said that the hardship for the variance was the
topography of the lot.
Mr. Ross Bird, the applicant, said he was ready to construct his home. He said the lot was on a
cul-de-sac and bringing the house forward would not interfere with the views of the neighbors. At that time,
Mayor Egan asked if there was anyone in the audience who wished to address the Issue.
Ms. Norma Hendrickson said she was not necessarily opposed to the request for the variance,
however, her lot is one of those directly below these particular lots in Prettyman Heights. She said they
receive a great deal of runoff from these lots. Ms. Hendrickson went on to explain the various difficulties
she had encountered with her home and with the builder, Mr. Steve Ramsey. She said perhaps these lots
had to be looked at as unbuildabie. Ms. Hendrickson said that when she bought her lot, she never realized
what difficulties she was getting into because of the steep topography.
Director of Public Works Colbert said that while this was an entirely different issue, the developer
did not build on Ms. Hendrickson's lot according to the development plan. Mr. Colbert said that when the
house was placed on the lot, deep cuts were made in the bank at the rear of the property and extensive
retaining walls are necessary to retain this bank. He went on to say that the property owner does not have
the money to built the retaining walls and feels she Is not responsible as she bought a lot that did not need
retaining walls to begin with. In addition, Mr. Colbert said that the developer did not feel the retaining walls
are his responsibility. Ms. Hendrickson then said Skyline Road was the problem and it is the runoff from
this road that Is running down the hill and causing her erosion problems. Mr. Colbert said they had been
working with the developer of Ridgehaven, Mr. Steve Ramsey, about his responsibility to grade the
development in accordance with the grading plan. Mr. Colbert said that Mr. Ramsey has been resistent on
this issue as he feels it is the builder and homeowner's responsibility to establish landscaping and Install
retaining walls. Mr. Colbert went on to say that in the meantime, there continues to be a great deal of runoff
down the hill which then washes out Into the street. Mr. Colbert said the cost of cleaning up these streets
has been billed back to the developer, but he was not aware that the developer was billing the amount to
the homeowner. Mr. Colbert said that they have also been working with Mr. Prettyman and he has done
Page 17/EAGAN CITY COUNCIL MINUTES
November 20, 1990
some grading to intercept as much of the runoff as possible and divert it out to the side streets so that it
minimizes any future erosion.
Mr. Don Prettyman said that this Issue Is not related to the variance for Mr. Bird; however, they have
been trying to do something to alleviate the situation. He agreed that Ms. Hendrickson has a problem with
her lot.
Mayor Egan said the Issue to be addressed was the variance. He indicated that he had asked
Director of Public Works Colbert whether there was a unique drainage problem that would be aggravated
by allowing construction on this lot and he had said no. Councilmember Pawlenty said he agreed that the
City Council should take action on the variance request, but asked that Mr. Colbert and/or Mr. Sheldon look
into Ms. Hendrickson's situation and determine Mr. Ramsey's obligation. He suggested that If these
obligations were not being met, that some remedial action be taken.
Ms. Hendrickson wished to point out that the lot below the one for which the variance was
requested is vacant and she suggested it may be unbuildable. Mayor Egan asked Mr. Colbert if that would
be a problem. Mr. Colbert said he did not believe so. He said the variance would move the house closer
to the cul-de-sac which should minimize the area of disturbance. He said the drainage problem is a
separate issue and whether or not the variance was granted, it would still exist.
Gustafson moved, McCrea seconded a motion to approve the request from Mr. Ross Bird for a 10
foot variance to the required 30 foot frontyard setback for Lot 4, Block 1, Prettyman Heights Addition, noting
that it is on a cul-de-sac and bringing the house forward 10 feet is not a visual problem for the neighbors
and that the topography of the lot itself creates a necessity for the variance. Aye: 5 Nay: 0
Council.
Mayor Egan strongly recommended that staff look into the other Issues with a report back to the
SPECIAL USE PERMIT/PRAISE FELLOWSHIP CHURCH
After Introduction by Mayor Egan, City Administrator Hedges said that on March 13, 1990, Praise
Fellowship Church was granted a two-year special use permit to conduct church services In an Industrial
building located at 3103 Sibley Memorial Highway. Mr. Hedges said since that time, however, the church's
lease had expired and a new location to house church operations was necessary. Mr. Hedges said that the
church was proposing to occupy 3800 square feet of space west of Cedarvale Mall at 3994 Cedarvale Drive.
Wachter moved, Pawlenty seconded a motion to approve an application for a special use permit
to allow Praise Fellowship Church to conduct temporary church operations in a commercial zoning district
at 3994 Cedarvale Drive subject to the following conditions:
1. The special use permit shall expire and become void two years from the date of approval.
2. All other applicable ordinances.
Aye: 5 Nay: 0
SPECIAL USE PERMIT/JAMES DEVELOPMENT COMPANY
After introduction by Mayor Egan, City Administrator Hedges said that this item had come directly
to the City Council as no action was required by the Advisory Planning Commission. Mr. Hedges said he
wished to point out a letter received from Ralph Glacion In regard to this special use permit.
Page 18/EAGAN CITY COUNCIL MINUTES
November 20, 1990 .
Director of Community Development Runkle said that the request before the Council was for a
temporary permit. He said the applicant was seeking this permit because his development does not have
visibility or direct access from Dodd Road. Mr. Runkle said the proposed sign location was just east of
Dodd Road on a landscape center island that splits Hackmore Drive. He said the applicant had worked with
School District 196 to place the sign.
Gustafson moved, Wachter seconded a motion to approve an application for a special use permit
for James Development Company to allow a temporary off-site sign for the Autumn Ridge Development.
Such signage Is to be located on a landscape center island that splits Hackmore Drive just east of Dodd
Road. This special use permit is subject to the following conditions:
1) The special use permit for this temporary off-site directional sign shall be valid for one year
from the date of approval.
2) The sign is subject to a one time sign fee of $2.50 per square foot. -
3) All other applicable ordinances.
Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/AL GRUENHAGEN AND JIM TOUSIGNANT
After introduction by Mayor Egan, the City Administrator said that he wished to point out that the
hunting permit was being requested for a location on Yankee Doodle Road just west of Unisys. He said it
was where a number of hunting complaints had been received in the past.
Mayor Egan said that Section 9 where the property for this request Is located Is one of the most
densely populated sections in the City. He said he remembered a number of complaints regarding hunting
on that property and it had caused some embarrassment to the City. Councilmember Pawlenty said he was
generally uncomfortable with approving a hunting permit for this property. He said that next year, he would
like to entertain some discussion regarding hunting within the City limits. He said he thought the City had
reached a point where hunting may no longer be appropriate.
Councilmember Gustafson said he now regrets having voted in favor of a firearms permit south of
Highway 13 at the last City Council meeting as it appeared the City Council was being Inconsistent.
Counciimember Pawlenty said the previous request could be distinguished from this request because of the
relatively lower population in that area. Generally, however, Councilmember Pawlenty suggested that the
City Council review the entire issue.
Gustafson moved, Pawlenty seconded a motion to deny a request by Al Gruenhagen and Jim
Tousignant for a special hunting permit on property owned by Albert Perron located along Yankee Doodle
Road west of Unisys and east of Carbone's Pizza and Quarry Park. Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
TOWN CENTRE 100 9TH ADDITION
After brief discussion, Gustafson moved, Wachter seconded a motion to approve a preliminary plat
for Systems Control Inc. for Town Centre 100 9th Addition and a conditional use permit to allow a drive-
through automobile emission testing facility along the north side of Town Centre Drive and west of O'Leary
Lake in the northeast quarter of Section 15, subject to the following conditions:
Page 19/EAGAN CITY COUNCIL MINUTES
November 20, 1990
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with:
Al, 61, B2, B4, C1, C2, C4, D1, El, F1, G1, and H1.
2. A revised site plan shall be submitted showing the number of parking stalls which will support
the number of employees and the number of customers.
3. The entrance/exit accesses shall be a minimum of 30'.
4. The trash enclosure shall be large enough to accommodate recycling.
5. A revised landscape plan shall be submitted on a grading plan, showing materials which meet
City requirements.
6. The development is required to provide an outlet to the proposed internal storm sewer system
to the existing storm sewer system In O'Leary Drive.
7. An additional 25' easement Is required for the existing trunk sanitary sewer line along the easterly
property line of the proposed site.
8. The westerly egress point to Town Centre Drive Is required to be moved westerly and centered
on the exit doors of the proposed facility and narrowed to a 16' width.
9. The easterly access point is required to be moved approximately 20' east and designated for
ingress and egress.
10. The development is required to provide a cash dedication for fulfillment of water quality
requirements as Identified in the City's Comprehensive Water Quality Management Plan.
Aye: 5 Nay: 0
PYLON SIGN AGREEMENT/FEDERAL LAND COMPANY
After Introduction by Mayor Egan, City Administrator Hedges said that this item was considered by
the Advisory Planning Commission at their October 23, 1990 meeting and had recommended approval.
Director of Community Development Runkle said that the pylon sign agreement that had been
submitted for approval was consistent with Condition 4 of the Park Center's development contract. He said
all signs meet the 300 foot spacing requirement. Mr. Runkle said that one condition had been discussed
at length and that was the requirement that no more than four signs be erected on the property unless
otherwise approved by the City. Mr. Runkle said that Mr. Charles Bartholdi, representing Federal Land
Company, had agreed to the change in conditions. Mr. Bartholdi said he could not agree for Federal Land
Company, but he did not believe it would be a problem.
McCrea moved, Wachter seconded a motion to approve the pylon sign agreement for Federal Land
Company for the Park Center Addition located north of Cliff Road In the southeast quarter of Section 30.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
CUFF LAKE CENTRE 2ND ADDITION
After Introduction by Mayor Egan, City Administrator Hedges said that the application had been
considered by the Advisory Planning Commission at their October 23, 1990 meeting. He said at that time,
the APC had recommended denial based on three issues: 1) traffic problems, 2) the amount of impervious
surface and 3) the opinion that the development is too large for the lot. Mr. Hedges said that he had
discussed this issue with the Mayor and it was their consensus that rather than spend a great deal of time
on the background, that discussion be directed toward these Issues.
A
Page 20/EAGAN CITY COUNCIL MINUTES
November 20, 1990
Mr. Mike Larkin, representing Firstar Bank, said the location Is ideal for a bank and his discussion
centered on the number of drive-in lanes that were necessary for the bank. He said because two tellers are
needed for four or five drive-in lanes, it would be more economically feasible for the bank to have five drive-
in lanes. Mr. Larkin said at their present location, they have six and they do not have stacking problems.
He said the bank could also service more customers with five drive-In lanes. Councilmember McCrea asked
whether during peak hours of operation, the bank would utilize all five drive-in lanes. Mr. Larkin said yes,
they use all six now. Mr. Larkin said he had talked with their corporation and while they prefer five, if it
would affect the entire project, they would agree to change.
Mayor Egan said two Issues were under discussion and they were the City's 30 percent requirement
for open space and the three party agreement with the Hoffman Land Development Group, the DNR, and
the City of Eagan which refers to 42 percent impervious surface. He asked Mr. Runkle when the 30 percent
green space requirement came into play and at what point the three party agreement became the Issue.
He said there appeared to be a substantial variance between the 42 percent requirement and the 58 percent
proposed. Mr. Runkle said that the restrictive environmental covenants spell out what the impervious surface
can be and that is 42.017 percent.
Mr. Bill McHale, representing Ryan Construction, said that the document that Mr. Runkle referred
to was actually an amendment to the original document. Mr. McHale said the original agreement allowed
70 percent impervious on the shopping center and 55 percent on Outlot E, which is Phase 2. He said
accommodation was made In the document that as the lots developed, they would be released and Lots
1, 2 and 3 for Target and Cub have been released. Mr. McHale said that the DNR had told them that the
increase in impervious surface for this 1.2 acre lot is Insignificant when viewed in terms of the entire
development. Mayor Egan then asked If the 70 percent was the agreement for the entire site. Mr. McHale
said the 70 percent was made on the overall shopping center site. He said Outlot E Is less at 55 percent.
However, Mr. McHale said in order to implement the releases, they had to go back and delineate what the
plan called for in each lot. Mr. McHale said the DNR's posture six months ago was that it was an
insignificant change because none of the water would run into the lake or near the lake. Mayor Egan said
that assuming for argument's purposes that the pervious surface was Increased slightly in Outlot A, would
that throw the entire development out of compliance. Mr. McHale said that was up to the City Council. He
said he did wish to clarify that when the DNR was talking about pervious versus Impervious surface, they
were not talking about green space versus hard surface, but rather water percolation. Mr. McHale said that
if the Council wishes to balance the entire 80 acres, it would be necessary to take about 8,000 square feet
out of Outlot E because it is the only outlot left. Mayor Egan said It appeared the pervious surface was
being increased In Outlot A from 42 percent to 58 percent. He asked Mr. Runkle If It was that Increase that
the DNR was saying was Insignificant. Mr. Runkle said it was more a staff interpretation of the environmental
agreement as it specifically applies to Outlot A. Mayor Egan said he remembered when the three party
agreement was developed that the percentages were very important to the DNR and now they were saying
that the percentages were insignificant. Mr. McHale said that once everything was developed next to the
lake, the DNR's interest waned. However, Mr. McHale said that when they develop Outlot E, he felt the DNR
would be interested again as it encroaches on the lake.
Councilmember Wachter asked If five drive-in lanes were not approved for the bank, whether the
building would be moved further south. Mr. McHale said it would. After a question from Councilmember
Wachter regarding the width of the parking spaces, Mr. McHale said that City Code calls for employee
parking to be at nine foot widths and customer parking to be at ten foot widths. After discussions with staff,
Mr. McHale said that all parking stalls had been made nine foot because it improved the overall traffic flow.
He added that it was also an Issue the Council would have to address.
Mayor Egan asked the Director of Community Development that with the Immense parking facilities
at the Centre, why there couldn't be cross parking. Mr. Runkle said that Issue had potential, however, they
Page 21/EAGAN CITY COUNCIL MINUTES
November 20, 1990
were looking at each Individual lot to hold Its own. Counciimember Gustafson asked Mr. Larkin how many
persons the bank would employ when fully staffed. Mr. Larkin said eight or nine employees to begin with.
Mr. Gustafson said for this square foot building, It would require 30 parking spaces. He said he would rather
have staff look at fewer ten foot spaces than more nine foot spaces. Councilmember Gustafson asked
Director of Community Development Runkle If the bank only put In four drive-In lanes, what that would do
for the Impervious surface percentage. Mr. Runkle said he did not have the exact figures, but it would
reduce the amount of impervious surface.
Mayor Egan said that this is one of two existing community shopping centers In the City. He said
that the developer had always anticipated that there would be a bank at this location. He said many of the
issues discussed had been minimized and he believed they could be resolved. Mayor Egan said the APC
had concerns regarding the intensity of use and yet according to SEH, even with the worst case scenario,
they are only anticipating 77 percent of the traffic that was originally projected for Outlot A. Mayor Egan
said he felt it was a less intensive use than what was originally proposed. _
After much discussion about the number and width of parking stalls, it was recommended that
research also be done into the pervious versus Impervious surface requirements of the agreement. Mayor
Egan asked whether staff should do the background work on the agreement and whether the Impervious
surface should be reduced or whether the agreement should be amended allowing an increase in the
impervious surface. Councilmember McCrea said she would like something regarding the pros and cons
of allowing a change in the impervious surface, but said she would not like to see a great deal of money
expended on the issue if the DNR considers it an insignificant increase. Councilmember Gustafson said he
was not in disagreement, but did not believe the issue was the DNR. He said the City accepted an
agreement which would not allow the impervious surface to exceed 42 percent. He said now the applicant
was requesting 58 percent and it would be up to the City Council to decide whether or not they would allow
58 percent. He said it was not a staff Issue.
McCrea moved, Egan seconded, a motion to continue to the December 18, 1990, regular City
Council meeting, the preliminary plat for Cliff Lake Centre 2nd Addition as requested by RHC Associates
Joint Venture I and a conditional use permit to allow a bank with drive-in tellers and direct staff to work with
the developers on the percentage of impervious surface, number of parking spaces, and pylon sign issues.
Mayor Egan asked the City Attorney what his perspective was on the pylon sign issue. Mr. Sheldon
said the issue is probably best discussed when some of the other issues had been resolved. Mr. McHale
said part of the pylon sign issue was the spacing requirement. He said originally there were pylon signs
planned for four locations. At that time, Mr. McHale said one of the signs was moved deeper Into the site
and a pylon sign location was switched with a monument sign location. Mr. McHale said what they were
proposing was taking one of the signs and moving it to the other side of the lot where they perceive the
entrance to the bank to be, and then moving the monument sign across the street. He said they would
space the signs about 300' apart and meet all City Code requirements.
Councilmember Gustafson said he thought that would resolve the sign Issue. He said it was his
understanding there would be a cross parking agreement and the creation of 28 parking spaces. The
Councilmember said it would leave only one Issue to be resolved and that was in regard to the impervious
surface. He said he would rather resolve the Issue at this meeting, rather than continue the item.
Councilmember McCrea said she did not believe staff was comfortable with pylon sign Issue as presented.
Mayor Egan said he would be more comfortable addressing all Issues in four weeks.
Aye: 3 Nay: 2 (Gustafson and Wachter)
Page 22/EAGAN CITY COUNCIL MINUTES
November 20, 1990
REZONING/CITY OF EAGAN
OUTLOT A PARK CENTER ADDITION
After applauding the historical significance of the action, Wachter moved, Gustafson seconded, a
motion to approve a rezoning as requested by the City of Eagan for Outlot A, Park Center Addition,
consisting of approximately 6 acres from A to R-4 for a senior housing facility located along the north side
of Cliff Road. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/CITY OF EAGAN R 90.87
Gustafson moved, Wachter seconded, a motion to approve a comprehensive guide plan amendment
to Public Facilities/Park for a four acre parcel located along along the east side of Lexington Avenue south
of Advent United Methodist Church as requested by the City of Eagan In order to incorporate that parcel
Into the adjacent Patrick Eagan Park.
Council member Pawlenty asked about the single-family home located on the property. This is a life
estate arrangement provided for the current (and original) resident to continue living in the home. Aye: 5
Nay: 0
DECLARATION OF DEFAULT
DEVELOPMENT CONTRACT/ESCROW AGREEMENT
After Introduction by Mayor Egan, the City Administrator said that this action was a follow-up to an
ordinance passed recently by the City Council regarding the collection on delinquent accounts. He said the
City had exhausted all means to collect amounts owed the City and now asked that the City Council declare
these developments in default and collected on their letter of credit. Mr. Hedges said not all items were
Included and In the future when considering a declaration of default, staff will Include all outstanding items.
Councilmember McCrea asked if the developers had been notified and all had been.
The eight developments which were being requested to be declared in default were as follows:
Default on Development
Contract (D), Escrow Agmt. (E)
Development or Both (B1 Amount Next Action
Brittany 10th B 12,450.38 Draw on Letter of Credit
Cedar Cliff Comm. Pk. 3rd B 2,153.62 Proceed Against Bond
Cedar Cliff Comm. Pk. 4th B 4,299.35 Proceed Against Bond
Duckwood Crossings B 8,636.72 Draw on Letter of Credit
Rahncliff 1st B 5,345.46 Proceed Against Bond
Sill Addition B 5,521.45 Draw on Letter of Credit
Wilderness Ponds B 22,936.03 Draw on Letter of Credit
Stratford Oaks E 6,274.90 Breach of Contract Action
McCrea moved, Gustafson seconded, a motion to adopt the resolutions declaring the
aforementioned developments in default and authorized the City Attorney's office to proceed with collection.
Aye: 5 Nay: 0
Page 23/EAGAN CITY COUNCIL MINUTES
November 20, 1990
ADMINISTRATIVE AGENDA
JOINT POWERS AGREEMENT FOR THE FIREARMS RANGE
Gustafson moved, McCrea seconded a motion to approve the Joint Powers Agreement without
modification for the Eagan/Apple Valley/Burnsville Police, outdoor firing range. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated November 20, 1990, In
the amount of $637,503.83. Aye: 5 Nay: 0
ADJOURNMENT
The meeting was adjourned at 11:20 p.m.
CITY OF EAGAN
VICIerk-
KF
Page 24/EAGAN CITY COUNCIL MINUTES
November 20, 1990
EXHIBIT A
PLUMBING LICENSES NOV. 20, 1990
1. Commercial Plumbing
2. Dolder Plumbing a Beating
3. Krumholz Company.
4. McNamara Plumbing
5. Rascher Plumbing a Beating
6. Shank Mechanical Inc.
7. Thoen Plumbing, Inc.
MINUTES OF A SPECIAL MEETING
EAGAN CITY COUNCIL
November 27, 1990
Eagan, Minnesota
A special meeting of the Eagan City Council was held on Tuesday, November 27,1990, at 5:30
p.m. in the lunch room of the Municipal Center Building. Those present were Mayor Egan, City
Councilmembers Gustafson, McCrea, Pawlenty and Wachter. Also present were Dale Runkle, Director of
Community Development, Jim Sturm, City Planner, Tom Colbert, Director of Public Works, Mike Foertsch,
Assistant City Engineer, Mike Dougherty, City Attorney's office, Gene VanOverbeke, Director of Finance and
Tom Hedges, City Administrator.
Mayor Egan convened the meeting and stated that the purpose of the work session was to meet
jointly with the Advisory Planning Commission and welcomed those members present including Chair person
Gary Graves and Commission members Ron Voracek, Mark Miller, John Gorman, Donald Hoeft and Joyce
Staeheli. It was acknowledged that Commission members Lori Trygg and Scott Merkley were absent. Mayor
Egan invited members of the Advisory Planning Commission and City Council to discuss policies, ordinances or
any specific issues that both the City Council and Advisory Planning Commission have considered during 1990
or plan to consider in the future.
There were a number of discussion topics introduced by both Advisory Planning Commission
members and the City Council. The first item discussed was an update of the R-4 study and it was generally
the feeling of the Advisory Planning Commission members that the City Council and Planning Commission are
working together on all facets of the study with the exception of those parcels that have incurred legal challenges.
Commission members spoke to the voting dynamics of the Koldt Properties' rezoning which the
City Council did respond to by explaining their fact finding by touring a project in St. Louis Park, considerable
testimony and an in-depth analysis of the development proposal. Chair person Graves stated that the Advisory
Planning Commission's main emphasis is to work and concentrate on the zoning map and comprehensive guide
plan. He further stated the importance to prioritize redevelopment by creating redevelopment districts using the
Cedarvale area as an example. Commission members spoke of the importance of establishing redevelopment
criteria and emphasized that standards should be flexible allowing certain conditions to be relaxed occasionally
to enhance business retention.
Commission member Miller stated that he has heard in advance of a Commission meeting that
the City Council might be leaning a certain way on an agenda item and expressed that the Planning Commission
should look at each issue independently and provide findings to the City Council for their review. Mayor Egan
stated that he was not aware of the City Council contacting or influencing members of the Advisory Planning
Commission on any agenda items or issues they are studying as an advisory commission to the City Council.
The issue of the Tom Thumb variance to allow canopies and gasoline pumps at Yankee Square
Shopping Center was also discussed.
There was concern raised by members of the Advisory Planning Commission that certain
businesses were not contacted about the City Council meeting and, as a result, were not present when the item
was presented by Federal Land Company and action taken by the City Council. The Advisory Planning
Commission agreed that the public should be informed as to when each item the Advisory Planning Commission
considers will be presented to the City Council for their consideration.
Page 2/Special Council Meeting
November 27, 1990
Other topics that were discussed jointly by the City Council and members of the Planning
Commission were outside retail sales such as Super America stations and the installation of exit signs on the
freeways that would identify certain services that are available within the community.
STORM WATER UTQITY BUDGET
City Administrator Hedges presented the proposed 1991 storm water utility budget stating that
a great deal of planning went into this public enterprise fund given the fact that calendar year 1991 is the first
full budget cycle for the new storm water drainage program. He stated that there are certain start up costs that
relate to the first year of operations and, further, that the goal of the 1991 budget was to realocate certain
operating costs in the general fund to the new storm water drainage fund.
There were questions raised by the City Council on the proposed $25 surcharge to new building
permits and the capital which includes a boat, motor and trailer and vehicle. City Administrator Hedges stated
that the capital equipment relates directly to the start up costs and explained reasons the equipment was
budgeted for 1991.
City Councilmembers further discussed the proposed $25 surcharge and asked that the Director
of Public Works and City Administrator consider expanding the surcharge to include grading permits. There
was no final decision as to whether the $25 surcharge should apply to all building permits, each lot with new
plats, and/or grading permits. The surcharge is a revenue source used to offset street sweeping costs incurred
by the City as a direct result of cleaning up debris on city streets caused by residential, commercial, and industrial
construction. The City Administrator stated that the proposed surcharge would be further discussed with the
Director of Community Development with a recommendation forthcoming to the City Council.
The City Administrator also reviewed a summary of the Five Year Capital Improvements
Program, additional language that expands the purpose and source of community investment funds and other
topics relative to the 1991 budget and Five Year Capital Improvements Program. There is no official action or
direction given or required on any of these items. The City Administrator stated that the staff will provide
additional information for City Council review as it pertains to both the five year CIP and Community Investment
Fund.
OTHER BUSINESS
There being no other business, the meeting was adjourned at approximately 9:00 p.m.
TLH
November 27, 1990
LAk-
Dated City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 4, 1990
A regular meeting of the Eagan City Council was held on Tuesday, December 4, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and
Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle,
Director of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
City Administrator said that the following Item would be recommended for continuance to the
December 18, 1990, regular City Council meeting:
Item B, Old Business, Agreement for Final Plat, Tranby 1st Addition.
Wachter moved, Gustafson seconded, a motion to approve the agenda for the December 4, 1990,
regular City Council meeting. Aye: 5 Nay: 0
MINUTES
Director of Public Works Colbert noted the following correction to the minutes of the November 20,
1990, regular City Council meeting:
Page 3, Item H, should be changed from Change Order #1, Contract 90-16 (Woodlands North
Addition - Streets & Utilities) to 'Change Order #4, Contract 90-04, Rahn Road - Street Reconstruction.'
Gustafson moved, Wachter seconded, a motion to approve the minutes of the November 20, 1990,
regular City Council meeting as amended. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
FIRE DEPARTMENT/NIGHT BATTALION FIRE CHIEF/CRAIG JENSEN
After introduction by Mayor Egan, City Administrator Hedges said that the Fire Department operates
with a full-time Fire Chief and Battalion Chiefs. He said an election was held recently and Craig Jensen was
selected as the Fire Department's new Night Battalion Chief. Chief Southom said Mr. Jensen took office on
December 1.
After adding their congratulations, Wachter moved, Gustafson seconded, a motion to recognize the
election of Craig Jensen as Night Battalion Fire Chief of the Eagan Volunteer Fire Department and to
recognize and thank Dick Schindeldecker for his nine years of service as a District and Battalion Chief for
the Department. Aye: 5 Nay: 0
PUBLIC WORKS DEPARTMENT/DRAINAGE CONCERNS
LOTS 8-11, BLOCK 1, FAIRWAY HILLS ADDITION
After introduction by Mayor Egan, City Administrator Hedges said that the Director of Public Works
had been working with the residents regarding drainage problems In their backyards and at the November
20 City Council meeting had been given the responsibility of drafting a summary of the Issues.
Page 2/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Director of Public Works Colbert said that his Department had put together the background
Information on the issue but Staff has taken the position that the backyard drainage problem is the Individual
homeowner's and is to be resolved among themselves. Mr. Colbert said that the City recognizes that there
Is a concern regarding the volume of waterand is pursuing the diversion of the major portion of the upstream
drainage area as a result of the settlement of the lawsuit with the golf course. He said with the construction
season over, it probably will not occur until next spring but will be done cooperatively with the golf course
and the developer with the City monitoring. Mr. Colbert said it would take care of approximately 70% of the
drainage basin which will be diverted to City ponds. The orgy remaining problem, he said, pertains to the
backyard drainage. He said it has technically been corrected through the homeowners efforts but as
evidenced by their presence at the last City Council meeting, they are not pleased with the end results. Mr.
Colbert said that the aesthetics of the final backyard grading and landscaping Is at the discretion and option
of the property owners and Staff does not feel there should be further Involvement by the City.
Mayor Egan said regardless of the City position, there was nothing that could be done with the
ground frozen and any action should be deferred. The Mayor said the issue now is one of aesthetics and
questioned whether the City wished to Nfeather' or taper the drainage swale any further. He said with no
construction Incorporated into the settlement of the lawsuit, it would be difficult to tailgate any of this work.
Mr. Colbert agreed saying any work on the backyard areas of these lots, would have to be under a separate
action. Councilmember Pawlenty asked that a wrap up outlining what had been discussed be sent to the
affected property owners.
Mr. Mark Selby said he was one of the property owners whose property was affected by the
drainage problem. Mr. Selby asked if regrading would not be completed until early to mid-spring, whether
the City had any mobile pumping equipment If needed. Mr. Colbert said that the City does have temporary
pumps that are available depending upon the type of problem but would be in order of priority. Mr. Selby
then made reference to a City storm sewer outlet that seemed to be higher than it should be. Mr. Colbert
said his office had looked at the outlet and there was no way it could be lowered. Mr. Selby then asked if
it could be moved or extended into the golf course. Mr. Colbert said that even If it could be worked out,
the pipe would have to be above ground. He said in addition to aesthetic concerns there were cost
concerns. Mr. Selby then asked if there were any opportunity with the golf course earth moving that the
swale in the backyards could be located just east of the fence on golf course property. Mr. Colbert said
he knew of no way to accomplish that without the golf course's participation.
Ms. Joanne Goodland, also of the Fairway Hills neighborhood, said their properties were being used
to dispose of golf course runoff. She said the City should do more to divert the water before it entered their
backyards.
Mr. Colbert said that in order to handle the drainage for the golf course, they looked at alternatives
and it would have required the drainage swales through those backyards to be one and a half feet deeper
than they presently are to handle the golf course drainage. Mr. Colbert said that only the minimum cut
through the backyards was pursued to handle the drainage from just the backyard areas. Ms. Goodland
said that the water coming Into their neighbor's (Lewis) backyard was water coming off the golf course. Mr.
Colbert said that the Lewis' property would have a problem regardless of the drainage from the golf course
because Mr. Lewis has his own backyard drainage and does not have the ability to cross the other yards
to the catch basin. Mr. Colbert said that what was put In was to insure that Mr. Lewis' yard as the most
upstream property, would be allowed to drain by gravity across the other backyards. Ms. Goodland said
it still appeared that the Lewis property was picking up runoff from the golf. course. Mr. Colbert said that
If some of the golf course water was coming through the Lewis property, it was not unusual. He said that
he did not mean to imply that there should be no water from any part of the golf course coming through
the properties. Ms. Goodiand said the drainage 'ditch' in their backyards would not be necessary If it
i jr. or"
Page 3/EAGAN CITY COUNCIL MINUTES
December 4, 1990
weren't for the water coming off the golf course. Counclimember Wachter said it was interesting as the golf
course had long maintained that all the water that falls on the golf course stays on the golf course.
Mr. Joe Miller said there are six lots involved In this issue, not four. He asked Mr. Colbert whether
the storm sewer could handle five acres of runoff. Director of Public Works Colbert said that the system
could handle that amount of run-off. Mr. Miller then said that the. homeowners of Lot 7, Block 1, Fairway
Hills Addition have since moved, but when they were In their home, they had experienced water In their
basement. Mr. Colbert said that the drainage swale between that lot and Its neighbor should be lowered
six to nine inches and was part of the recommended regrading for that area.
After some additional discussion, Mayor Egan said the situation had been noted and no formal
action would be required at this time. The Mayor said if anything changed, action could be taken at that
time.
COUNCIL NOTES
Councilmember Wachter said he wanted to propose to the City Council and to the Department of
Community Development that they consider locating a day care nursery next to the proposed senior citizens
building. The Councilmember said that he had heard that the interaction between the groups was good for
both the seniors and the children. Councilmember McCrea agreed saying that such an arrangement could
be mutually beneficial for both groups.
Councilmember Pawlenty said he wished to recognize City Planner Sturm's tenure as Minnesota
Chapter President of the American Society of Landscape Architects. The Councilmember said that when
a staff member serves In that type of position, it was very beneficial to the City. The rest of the Council
echoed their appreciation.
CONSENT AGENDA
Councilmember McCrea expressed concerns about Personnel Item #3 which dealt with the military
leave of absence for Officer William White. Councilmember McCrea said that a letter in the packet said
Officer White would take a leave of absence from the City and then receive his military pay. The
Councilmember said that she opposes such an approach as Officer White Is a City of Eagan staff person
and is budgeted for the entire year. The Councilmember said that City policy should be changed to pay
any individual who is called to active duty their entire pay If it is greater than the reserve pay and then rebate
their government military pay back to the City. Councilmember McCrea said that people who want to
support our country and volunteer should be supported. The Councilmember also does not believe the
families of these volunteers should suffer. Councilmember McCrea then recommended that staff look at
changing the policy and possibly make it retroactive allowing for the above changes. Councilmember
Gustafson said he concurred with Councilmember McCrea and recommended that this policy change be
recommended for review at the December 18, 1990 meeting.
A. Personnel Items
Item 1. It was recommended that the appointment of Brian Gunderson as an Investigator In the
Eagan Police Department be approved.
Page 4/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Item 2. It was recommended that the hiring of Theresa Bland, Brad Czudemat, Rob DeRosler, Ian
Dozier, Chris Fitch, Michael Geere, Timothy Gill, Aaron Godleski, Andy Halverson, Chare Johnson, Wayne
Leseman, Cory Lynch, Mike Mattson, Tim McElligot, Michael Malville, Ray Sped and Brent Taft as seasonal
winter recreation leaders be approved.
Item 3. It was recommended that an unpaid military leave of absence for six months to one year
be approved for Police Officer William White.
B. Schedule Public Hearing to Assess Delinquent SAC Charges. Mermaid Car Wash
It was recommended that a public hearing be scheduled for January 15, 1991, to assess delinquent
SAC charges for Mermaid Car Wash.
C. Final Plat. Wescott Square Addition R 90.88
It was recommended that the final plat for Wescott Square Addition be approved.
D. Contract 89-13 (Cliff Road Water Treatment Facility) Change Order#5 - Miscellaneous Items
It was recommended that Change Order #5 to Contract 89-13 (Cliff Road Water Treatment Facility)
be approved and the Mayor and City Clerk authorized to execute all related documents.
E. Contract 90-04 (Rahn Road) Change Order #5 (Country Home Heights - Storm Sewer)
It was recommended that Change Order #5 (Country Home Heights - Storm Sewer) to Contract
90-04 (Rahn Road) be approved and the Mayor and City Clerk authorized to execute all related documents.
F. Contract 87-CCC. Acknowledge Completion /Authorize Perpetual Maintenance (Eagan Rovale -
Streets & Utilities)
It was recommended that the completion of Contract 87-000 (Eagan Royale - Streets & Utilities)
be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty
provisions.
McCrea moved, Gustafson seconded a motion to approve the Consent Agenda with the
recommendation previously noted. Aye: 5 Nay: 0
1991 PROPERTY TAX LEVY AND GENERAL FUND BUDGET R 90.89
After comment by Mayor Egan, the City Administrator provided background on the budget process.
The City Administrator said the purpose of the public hearing was to discuss the property tax levy. Mr.
Hedges said the 1991 budget increase for the City Is only 3.2 percent, and that Is after a year when the
inflation rate Is 5 percent, the population growth rate Is 3.5 percent, and the market value rate has increased
by 17.3 percent. Mr. Hedges said an increase in tax capacity has actually resulted in the City's portion of
residents' property tax bills to go down.
The City Administrator said the largest revenue source for the City is the property tax. He then went
on to explain the City budget and its Impact on local property taxes. Much of the information included in
Page 5/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Mr. Hedges discussion is also Included in a handout that was distributed at the meeting (see Exhibit A).
Mr. Hedges closed by saying that the City has held the line on any budget increases and, considering the
Increase in infrastructure, streets, parks, etc., the budget is about as tight as the City can present.
The Mayor then opened the hearing to public comment. (Approximately 10 persons were in the
audience to address the budget issue).
The first of the public to address the Council was Mr. David Doyle, 2112 Shale Lane. Mr. Doyle said
the assessed value of his property has accelerated rapidly over the last three or four years. Mr. Doyle then
expressed his current concerns regarding valuations in the community. City Administrator Hedges said that
In Dakota County, the County did all appraisals. He said State law requires that all assessed market values
In the State be brought up to 90 to 95 percent of value. Mr. Hedges said that real estate will not always
Increase in value even though the City has experienced the addition of industrial and commercial as well
as many new homes. All will be added, however, to the market value rate for next year.
One resident asked why the percentage of increases are higher in 1991 for the lower market value
homes. He said it didn't seem totally fair. Director of Finance VanOverbeke said that the value range for
the graduated tax percentage has been changed by the State legislature. He said it was meant to give
some tax break to the suburban communities as opposed to out-state communities where valuations are
lower.
The next speaker was Mildred Schindeldecker, 2875 Lexington South. Ms. Schindeldecker asked
if the examples that were being used also applied to an 'acreage.' Mr. VanOverbeke said the tables were
representative of residential, homesteaded property. He said any other property classification, such as non-
homestead, commercial or industrial, would have a different tax rate. Mr. Hedges said that staff would be
happy to meet with Ms. Schindeldecker regarding the unique Issues related to her property, its
homesteading, and best use from a property tax assessment point of view.
Mr. John Kidder of 824 Promontory Place, said he had been a resident of Minnesota for two years.
He said he had lived in several cities and owned six different homes and if he added up the taxes on those
homes, it would not equal one year of taxes paid on his home In Minnesota. Mr. Kidder said taxes in
Minnesota were ridiculous and, rather than raising taxes, the City should cut spending. He said the City
Council had to start pressuring the legislature for tax reform.
Councilmember Pawlenty said the City is working to hold expenses down but yet the County and
school district are asking for double digit increases. Councilmember Pawlenty said taxes In Minnesota are
a tremendous problem and the City had to do Its part as well as all other government agencies.
Mayor Egan said he appreciated Mr. Kidder's frustration. He said the City has operated leanly and
conservatively with only a 3.2 percent increase in spite of population Increases and Inflation. The Mayor
went on to say that Minnesota has a graduated tax and an additional item of concern Is the shared tax
system. The Mayor said the City was seeking a flat tax system as the suburbs are paying a disproportionate
amount of the taxes. He said the City has lost all local government aid and Homestead and Agricultural
Credit Aid (HACA) has been sliced to almost nothing.
Councilmember Pawlenty said in 1992 the population demographics are going to shift to the
metropolitan area. He said because of this, the metropolitan area will have more representation in the
legislature.
After additional discussion, Wachter moved, Gustafson seconded a motion to approve the 1991
property tax levy. Aye: 5 Nay: 0
Page 6/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Gustafson moved, Pawlenty seconded a motion to approve the 1991 General Fund Budget and the
1991 Public Utilities Fund Budget as presented. Aye: 5 Nay: 0
Councilmember McCrea said she continued to be concerned about the school district and county
budgets. She said she would like to see a grass roots Initiative by the City with a memo signed by the entire
Council echoing their concerns about the school district and county budgets.
SENECA MEDIATION RECOMMENDATIONS
After introduction by Mayor Egan, City Administrator Hedges said that the item before the City
Council concerned the recommendations of the Seneca Medication Committee and the resulting
commitment to implement those recommendations. Mr. Hedges said that the recommendations were a
result of the efforts of a number of people who participated in the mediation, not only from the City but the
Chamber of Commerce and residents of the community.
Director of Community Development Runkle said as the City Administrator indicated, it has been a
lengthy process getting to this point. He said implementation of the process will take the cooperation of
everyone involved.
Mayor Egan then asked City Attorney Sheldon to address the dewatering issue. Mr. Sheldon said
from a legal perspective, the most important issue is the dewatering. He said the dewatering issue is
significant to the efforts of the neighbors, the Chamber of Commerce and the City. He said the possibility
of 4 million gallons a day for dewatering was reduced to 2.1 million gallons per day which on a yearly basis
is a tremendous reduction. Mr. Sheldon said the maintenance agreement allows for inspection for City Code
violations and, most importantly, the agreement documents who is to do what, places responsibility with the
individual parties, and gives the framework for the operations.
Mayor Egan said this Is the City Council's second opportunity to review the recommendations. He
said he didn't believe the City could reshape the tremendous amount of hard work that went into this
recommendation.
Betty Bassett of the Wuthering Heights neighborhood said she appreciated that the City Council had
watched out for the interests of their small neighborhood. Ms. Bassett presented a thank you card that had
been signed by the residents in Wuthering Heights thanking the City Council for their efforts.
Bea Blomquist spoke on behalf of the Chamber of Commerce and the business community thanking
the City Council for their financial backing. She said she was proud to be a part of the panel.
Mr. Dick Reynolds of the Minnesota River Valley Audobon Society said he found the process
productive but contentious at times. Mr. Reynolds said that the Audobon Society did support the Issue,
however, also had some problems with It. He said one of the things they have a problem with is the
recharge system because it is not working as well as they hoped it would. He said that the Natural
Resources Committee of the Audobon Society had reviewed the document on several occasions and had
recommended its approval to their board. Mr. Reynolds said at the last board meeting, the resolution was
passed unanimously. Mr. Reynolds went on to say that he Is also a member of EIS, which is State
committee with the Audobon. He said this committee deals with State legislation and, specifically, will take
great interest in the Wetlands Heritage Act which should come before the legislature this session. He said
that Eagan had been specifically recognized for their wetlands approach. Mr. Reynolds said that the
r? !•' F-t
Page 7/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Audobon Society believed that Eagan deserved congratulations for setting the standards for the rest of the
State.
Mr. John Westley then voiced his disagreement with the recommendations of the Seneca Mediation
Committee. He said the recommendations contained three grievous errors:
1) By agreeing with the recommendations, the City Is authorizing permanent dewatering which will
occur during the vital spring and summer growing seasons;.
2) The agreement Is tacit endorsement of the recharging system that Is in place but not working.
He said the system is presently under PCA review. Mr. Westley said when it was originally proposed, they
did not protest it because they hoped it would work;
3) When the recommendations were originally proposed, Judge Reha had promised they would
have a legally binding document. Mr. Westley said that it Is not true, and there Is no guarantee that any of
these recommendations will take place.
Mr. Westley then encouraged the City to adopt the following:
a) That buildings codes require new and remodeled homes to Institute water conservation fixtures;
b) That a rate structure be set that would encourage water conservation. He said rates should be
based solely on water usage. Mr. Westley said at the present time, there is no benefit to conserve, because
there Is a minimum charge for water;
c) He suggested that a program be coordinated to educate the public regarding water conservation.
He said he was willing to assist the City in achieving these goals.
Mr. Dick Reynolds then addressed the Issue of the recharging system. He said it Is true that the
recharging system has not been pumping at the rate prescribed. He said the problem cannot be solved
now because of winter. Mr. Reynolds said that the system did not fail, but there had been problems. Mr.
Reynolds also said that the PCA was not reviewing the recharge system but will look at the system again
down the road. Mr. Reynolds agreed that the plumbing codes need to be updated, but it would have to be
State-wide. He said it would not be fair to the City to have more stringent requirements than the rest of the
State.
The Mayor then asked City Attorney Sheldon If once the recommendations have been signed by
all parties, will it then be followed by an administrative order. City Attorney Sheldon said the Council will
recall that when the process started, it was very contentious. He said it has ended with an agreement that
says everyone has rights. Mr. Sheldon said the agreement puts a great number of requirements on the City
and other agencies; however, they do not have the total binding requirements that we would have liked.
Gustafson moved, Wachter seconded a motion to adopt the Seneca Mediation recommendations
and commit to Implementation of those portions of the recommendations which designate actions on the
part of the City of Eagan. Aye: 5 Nay: 0
AGREEMENT/TRANBY 1ST ADDITION
Gustafson moved, Wachter seconded a motion to continue to the December 18, 1990 regular City
Council meeting consideration of the recordable agreement for Improvements to the Tranby 1st Addition.
Aye: 5 Nay: 0
;-t Iocr- !7
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Page 8/EAGAN CITY COUNCIL MINUTES
December 4, 1990
1991 COMPREHENSIVE FEE SCHEDULE
After Introduction by Mayor Egan, the Director of Finance briefly discussed changes to the
comprehensive fee schedule Included with the City Council packet.
Council member McCrea said she had received several calls from developers regarding the escrow
accounts and how they are billed. She said the same developers also had questions regarding engineering
fees and asked why they were so high. Director of Finance VanOverbeke said the rates are higher and that
staff engineering time is billed at the same rate as consulting engineers. Councilmember McCrea said that
economic development in the City is coming to a halt and she would rather see better construction on
commercial buildings and lower fees. She said we need to recover our costs but should not be operating
at the expense of development. Director of Finance VanOverbeke said it has been the Intention and
philosophy of the City to cover costs. He said no rates were designed to make money. Councilmember
McCrea asked if there was an engineering policy that would determine how long an inspection of a project
should take and whether or not these fees are equitably applied. Director of Finance VanOverbeke said his
department tries to determine the appropriate rate and to make certain that this rate is applied against the
appropriate projects. Director of Public Works Colbert said they do have an estimate of the average costs
for engineering on a public improvement based on historical factors. Mr. Colbert said that each project is
unique and the amount of inspection is relative to the compliance of the developer and the complexity of
the project. Councilmember McCrea said the reason she brought this issue up is because of the number
of phone calls she has received from developers. Mayor Egan said he had also received a number of calls
and that has been one of the main criticisms of the City. Director of Public Works Colbert said he wondered
if there should not be a flat fee for inspection so the developers could depend upon that amount. Mr.
Colbert pointed out, however, that if the City went to a flat fee, there would be complaints from those who
wished to be charged only for actual hours. Mr. Colbert said it would be interesting to know whether some
of these complaints that are being received have to do with developers who are installing their own
improvements privately or whether they are being done under their City contract. Mr. Colbert said more
hours are spent In contract management on private contracts. Mayor Egan said that the complaints he had
received were concerning the detail of reporting and they would like to see a cost breakdown. Mr. Colbert
said there are 13 or 14 different categories for time spent and these breakdowns are available through cost
accounting.
Mayor Egan then asked if there was any public comment. There was none.
Councilmember Gustafson said he was going to vote in favor of the fee schedule but wanted his
objection noted that he had voted against some of these fees in the past, particularly the liquor license fees.
He said he believes they are without merit and we are treating these business people unfairly. Mayor Egan
then asked Police Chief Geagan whether the fees being charged for the investigation of a liquor license are
commensurate with the time expended. The Mayor said the last time this issue came up, Police Chief
Geagan had indicated that these costs were in line and the Mayor asked if anything had changed. Police
Chief Geagan indicated it had not.
McCrea moved, Wachter seconded a motion to adopt the 1991 Comprehensive Fee Schedule with
the comment that everyone coming In to do business with the City be made aware of the Increased fees.
In addition, if major concerns are received about one particular area, it is to reported back to the City
Council.
011
Page 9/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Mayor Egan said he was also feeling the same pressure from developers and suggested the issue
be discussed at a workshop session.
Aye: 5 Nay: 0
PRELIMINARY PLAT EXTENSION
SS. MARTHA & MARY EPISCOPAL CHURCH
After Introduction by Mayor Egan and background by City Administrator Hedges, the Director of
Community Development said that this Is the second extension request on behalf of Ss. Martha & Mary
Episcopal Church. Mr. Runkle said he had talked to the applicant regarding new conditions regarding water
quality and road right-of-way. Mr. Runkle said that the applicant is aware of these changes and conditions.
Gustafson moved, Wachter seconded a motion to approve an extension of the preliminary plat for
Ss. Martha & Mary Episcopal Church to November 30, 1991. Aye: 5 Nay: 0
PETITION FOR PARK STUDY
VIOLET LANE AND FEDERAL DRIVE
After introduction by Mayor Egan, City Administrator Hedges said that a petition had been received
from residents in the neighborhood near Federal Drive and Violet Lane. City Administrator Hedges said this
subject area had been considered before, but the City Council had decided not to proceed with any
expansion.
When Mayor Egan asked If anyone in the audience wished to address the issue, no one came
forward.
Director of Parks & Recreation Vraa said the character of the neighborhood in question had changed
from what was originally planned. Mr. Vraa said before they would be in a position to make any
recommendations regarding the park, additional study would be needed.
The Mayor said he was willing to support the recommendation of the neighbors. He said some of
the property originally designated as R-4 is now single-family. He said this has resulted in a substantial
change in circumstances which would seem to warrant further study. Councilmember McCrea agreed,
saying she felt the City would have to remain flexible as neighborhoods changed. It was her
recommendation that any changes in the comprehensive park plan be accomplished within budget. She
said that might require taking dollars from one park and spending them In another. Mr. Vraa said he had
the impression the neighborhood would not require a full-fledged neighborhood park. In answer to a
question from Councilmember Pawlenty, Mr. Vraa said much of the study can be done in-house.
Gustafson moved, Pawlenty seconded a motion to approve a request for a study of park service
needs in Park Service District #16 relative to a petition received from residents in the Violot Lane and
Federal Drive neighborhood. Aye: 5 Nay: 0
VARIANCE/KRAFT/AMERICAN FOODS
After introduction by Mayor Egan, City Administrator Hedges said that a public hearing was not
required before the Advisory Planning Commission and the Item had come directly to the City Council.
Director of Community Development Runkle said the applicant is requesting a variance of 5 percent to allow
coverage requirements in an industrial zoning district of 35 percent. He said the company, which was
, f r-.may
Page 10/EAGAN CITY COUNCIL MINUTES
December 4, 1990
originally called American Fruit, Is now Kraft American and Is located at 2864 Eagandale Blvd. Mr. Runkle
said this is a major expansion of the company of 160,000 square feet. The Community Development
Director said Kraft American has looked at trying to acquire additional property but owners of adjacent lots
prefer not to subdivide them further. Mr. Runkle said the expansion is badly needed.
Mayor Egan said he had heard no complaints about this company. He said American Fruit has
been a good neighbor and it's Important to note that they are In a very competitive environment. Mayor
Egan also noted that the City Is trying very hard to retain Its larger employers.
Wachter moved, Pawlenty seconded a motion to approve a variance of 5 percent to the lot coverage
requirements In an Industrial zoning district of 35 percent for Kraft/American Foods located at 2864
Eagandale Blvd. in the south half of Section 3 subject to the following conditions:
1) Applicant and staff shall finalize an overall Landscape plan which will Include underground
irrigation.
2) No rooftop mechanical equipment shall be visible from the street.
3) Trash and recycling containers shall be kept inside the building or In an enclosure attached to
the building and constructed of similar building materials.
In answer to Councilmember Gustafson's question about hardship, Mayor Egan said that rather than
hardship, he would rather refer to practical necessity. Mayor Egan said the applicant would have to acquire
additional property which they would not be building on and it would create a practical and economic
problem which in his opinion would justify this action.
Aye: 4 Nay: 0 (McCrea abstained. Family member works for applicant.)
CONDITIONAL USE PERMIT
ANNA CHUNG'S RESTAURANT/WINE & BEER
After Introduction by Mayor Egan, City Administrator Hedges said this Rem had gone before the
Advisory Planning Commission and they were recommending approval.
Gustafson moved, McCrea seconded a motion to approve the conditional use permit for Anna
Chung's Restaurant to allow on-sale wine and 3.2 beer sales in a CSC (Community Shopping Center) district
at Cliff Lake Center subject to the following conditions:
1) The necessary permits are apprved by the City Police Department.
2) All other applicable ordinances are adhered to.
Aye: 5 Nay: 0
WINE & BEER LICENSE/ANNA CHUNG'S RESTAURANT
Gustafson moved, McCrea seconded a motion to approve the license for Anna Chung's Restaurant
for the sale of wine and 3.2 beer at Lot 2, Block 1, Cliff Lake Center Addition for the remainder of 1990 and
all of 1991. Aye: 5 Nay: 0
Page 11/EAGAN CITY COUNCIL MINUTES
December 4, 1990
CONDITIONAL USE PERMIT/MARGARET PHIWPS/HAIR SALON
After Introduction by Mayor Egan, City Administrator Hedges said that the Item under consideration
had been heard by the Advisory Planning Commission at their November 27, 1990 meeting. He said the
Commission was recommending approval.
Director of Community Development Runkle said that a hair salon is allowed within a residential area
through the conditional use permit process. He said the Issue In question would come down to ordinance
versus the covenants of the Deerwood Homeowners Association. Mr. Runkle said the Advisory Planning
Commission did review the application on the merits of the ordinance requirements and noted the Input of
the affected residents. Mr. Runkle said that traffic, the security problems and the precedence of this type
of use in a single-family area are concerns, but looking at the specific conditions that are spelled out for the
operation of the salon, did not provide a finding which would allow a denial of the conditional use permit.
Mr. Runkle said the APC reviewed the application on the basis of the five conditions spelled out in the
ordinance and approved the application on that basis.
Margaret Phillips of 4055 Deerwood Place said their home was built last year and a beauty salon
was Incorporated in the home. She said they had researched City and State laws and felt that they had met
all conditions. She said they were aware of the covenants In Deerwood but before they started, they had
received permission from Robert Engstrom Companies, however, that permission has now been rescinded.
Mayor Egan asked Ms. Phillips what effort had been made to talk to the neighbors In Deerwood.
Ms. Phillips said Mr. Engstrom had first advised them to talk to the neighbors in April. She said they had
not sold their other home yet and were not certain they would move to Deerwood. Ms. Phillips said when
their home was sold, they had 60 days to build a new home and since then it has not been feasible.
Councilmember McCrea said the applicant was proposing a one-chair salon and asked how many people
they expected to serve in a day. Ms. Phillips said she only wanted to work part-time which would mean five
or six customers a day, three days a week. Councilmember McCrea said she had a number of calls from
Ms. Phillips' neighbors about their concerns. The Councilmember said it appears that the covenants were
what should be enforced and the City Council had very little legal basis on which to turn this application
down. She then asked Ms. Phillips if she had written permission to build the salon. Ms. Phillips said she
did and that their attorney had drawn up an amendment to the purchase agreement stating that they had
to have Mr. Engstrom's approval on the salon. Mr. Phillips said if they had not received specific approval,
they were prepared to look at other lots.
Mr. Robert Engstrom of Robert Engstrom Companies said he would like to clarify a couple of
matters. He said Mr. Howard Kylo had given the Phillips permission based on limited information. Mr.
Engstrom said both he and Mr. Kylo had advised the Phillips that the homeowners association would not
give permission unless the surrounding neighbors approved of the conditional use permit. Mr. Engstrom
said that he had also talked to Mr. Phillips and told him that conceptually home occupations are common
but that they must talk to their neighbors. He said thus far the Phillips have refused to discuss this with their
neighbors. Mr. Engstrom said that the Declaration of Covenant for the Deerwood Homeowners Association
provides that a home occupation Is prohibited unless it is found to be compatible with the residential
neighborhood. Mr. Engstrom said to this date they have not received an application from the Phillips;
however, based on the information they have on hand, the homeowners association would disapprove of
this home occupation.
Mr. Louis Lundberg of 4039 Deerwood Place said that the neighborhood empathizes with the
Phillips; however, they do not want the salon in their neighborhood. He said In addition those who chose
Page 12/EAGAN CITY COUNCIL MINUTES
December 4, 1990
to build their homes on a cul-de-sac were people looking for seclusion. Mr. Lundberg said the neighbors
did not like the precedence It might set If It were approved. He said overall, they do not want businesses
In their neighborhood. Mr.Lundberg went on to say that there are no sidewalks in the neighborhood, just
streets, and those children who walk to school must walk in the street during the same hours that this salon
would be open. Mr. Lundberg also mentioned the risk to children by bringing additional people into the
neighborhood. Mr. Lundberg then read the letter that had been written by Mr. Steven Isaacs spelling out
his concern about having the salon in the neighborhood. Mr. Lundberg then went on to say that 100
percent of the neighbors In the Deerwood neighborhood are opposed to the salon. However, In the event
the conditional use permit is approved, Mr. Lundberg asked that the City Council pass a moratorium on
granting such licenses In neighborhoods, thereby allowing the entire City to consider conditional use permits
as they currently exist. He said the City Council should also explore amending the conditional use permit
ordinance and not allow these permits until such time as neighborhood concerns are heard and acted on,
the applicants discuss any Issues or objections with neighbors within 350 feet of the establishment, and that
the applicants furnish proof of neighborhood approval.
Mr. Dan Gage of 4052 Deerwood discussed the potential traffic hazards. Mr. Gage said that a
single-chair salon could have as many as 23 people a day using the facility resulting in a 66 percent increase
in traffic. Mr. Gage pointed out that Ms. Phillips said that she had only intended to work part-time, however,
circumstances could change and the conditional use permit would allow additional hours and additional
traffic in the neighborhood. Mr. Gage then showed a videotape pointing out the lack of visibility for vehicles
on the cul-de-sac due to a center island. He said because of landscaping on the center island, children on
bicycles are not visible at all points.
Ms. Martha Feda of 4047 Deerwood Place said the Phillips mentioned they have a large Investment
in building their home. Ms. Feda asked who was going to protect her investment. She said their realtor had
notified them right after they had moved in regarding the Phillips' request to build a beauty salon, and they
had told her they would not approve of a neighbor operating a salon.
The next person to speak was Cathy Goldsworthy. She said she was a real estate agent who would
be obligated to disclose any material facts when selling a home in the neighborhood. She said this could
cause a hardship regarding the salability of the homes.
Mr. Joe Rusche, 4054 Deerwood Trail, then read a letter from Mark Strobel of 1334 Deerwood Path
regarding his concerns about a beauty salon in the neighborhood. Mr. Rusche then expressed his own
concerns about safety with children walking to school on the streets and the additional traffic in the
neighborhood.
Ms. Cathy Trimble said she was part of the development in its beginning planning stages. She
added that she had sold the home next door to the Phillips. Ms. Trimble said In the eight years she has
been selling real estate, the number one concern of those buying on a cul-de-sac is privacy. She added
that It was Inconceivable that Bob Engstrom would have approved the installation of the beauty salon if he
was aware that the neighborhood opposed it.
Mr. Bill Cottrell of 4086 Deerwood said he would like to echo the position of those who had already
spoken. He said If it was the City Council's position that they would have no choice but to approve this
conditional use permit, he suggested that the law be changed.
Mayor Egan then closed the public portion of the hearing and turned ft over to the City Council for
their discussion.
Page 13/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Councilmember Wachter asked the City Attorney what Impact Article 7 of the Homeowners
Association covenants had. City Attorney Sheldon said he did not wish to speak for Mr. Engstrom, however,
covenants also make provision for their enforcement. He said the City cannot nor does it wish to control
these covenants. Mr. Sheldon said that covenants are an agreement by the homeowners and they can only
be changed by the terms specified in the agreement. He added, however, that covenants under State law
could not run longer than 30 years. Mayor Egan asked the City Attorney what discretion the City Council
had in considering a conditional use permit. City Attorney Sheldon said that a conditional use permit is a
use that Is permitted once certain conditions are met. He said it was up to the Council as the finders of fact
as to whether they felt those conditions had been met. He said the court in reviewing the Council's action
would then determine whether those actions were based In fact or whether those actions are arbitrary and
capricious. Mr. Sheldon said as the spectrum of decisions that the City Council is entitled to make moves
along the scale from comprehensive guide plan amendment to rezoning to conditional use permit to
variance to building permit, the spectrum of discretion the Council has decreases. He said this conditional
use permit would be at the lower end of the discretionary spectrum.
Mayor Egan then asked the City Attorney If the City restricted the hours or the days of the week for
the operation or restricted the number of customers, if that would be within the realm of discretion the City
would have If it made these objective findings. Mr. Sheldon said that so long as the City has made these
objective findings, it has that discretion.
Councilmember McCrea asked the City Attorney if the conclusion is reached that the cul-de-sac and
the island are a major safety issue, would that be reason enough for denial of the conditional use permit.
City Attorney Sheldon said that safety is a factor that the City Council can consider; however, in and of itself,
he did not believe the presence of a cul-de-sac justified denial.
In answer to Councilmember Pawlenty's question, Mr. Phillips said they had told their builder that
if he was able to obtain documentation regarding the allowance of a beauty salon in their home, they would
build. Mr. Phillips said if the builder was unable to obtain permission, they had determined to build
elsewhere. Councilmember Pawlenty said that under the old rule of thumb, a conditional use permit was
granted If the conditions were met. He said the conditional use ordinance was then expanded to allow
conditions relating to the City Council's concerns to be placed on permits, particularly those relating to
health, safety and welfare issues. The Councilmember then asked the City Attorney If the ordinance gave
the Council any further latitude in terms of a denial. Mr. Sheldon said the City Council is determined to be
the finder of fact and if the City Council makes a determination based on the physical characteristics of the
cul-de-sac that the proposed use should be denied based on health, safety and welfare Issues, they are
entitled to make that decision. Councilmember Pawlenty then asked the City Attorney If one of the
conditions of the City's approval could be the approval through the homeowners' covenant system. City
Attorney Sheldon said that while the City could not control the covenant use, it would be a very reasonable
condition to place on the conditional use permit. He said the City would not want to grant a conditional use
permit that would violate a private agreement. In other circumstances, City Councilmember Pawlenty said
the City had had a general policy interest In not having businesses in residential areas. In past practice, he
said, they had been allowed where the businesses had been non-intrusive or in the incubation stage. City
Sheldon said he thought it was important to note that this is different than the case in Burnsville a number
of years ago where conditional use permits required the approval of the neighborhood. He said the
Minnesota Supreme Court had overturned that as an abrogation of legislative power.
Councilmember Gustafson then mentioned the statement from the applicant that they not only had
a purchase agreement guaranteeing their right to build the beauty salon, but the June 12 letter from Robert
Engstrom Companies also giving the applicant permission. Councilmember Pawlenty said he did not believe
the City should become embroiled in the dispute between the applicant and the homeowners association
and that it would be sufficient to reference that the covenant requirements be met. Councilmember Pawlenty
Page 14/EAGAN CITY COUNCIL MINUTES
December 4, 1990
said he thought this would serve a variety of objectives by serving the City's legal needs, the neighborhood's
needs and it would be consistent with past practice. He said the other alternative would be to do nothing
and declare a moratorium and review the process and standards by which the City allows these types of
things to exist in residential areas.
Mayor Egan said he thought it should be rated that a letter had been received from a property
owner who said if this application was approved they were ready, wiling and able to move to Eden Prairie.
Mayor Egan said Eden Prairie had sent a copy of their ordinance and Mr. & Mrs. Phillips could locate a
beauty salon in an Eden Prairie residential area without any conditional use permit because it was a
permitted use. In addition, he said it was a permitted use with less restrictions than the City of Eagan
imposes on conditional use permits.
Councilmember Gustafson expressed his concerns that the City had been placed In the middle of
what should be a neighborhood Issue. He said there are a number of requests that come to the City in a
number of different ways and it is his intention to try and treat them all fairly and do what is best for all
residents of the City. He said he appreciated the comments on traffic, security, safety and precedence, but
did not believe there were any overwhelming arguments in favor of denying the application. The City
Councilmember said he would prefer to find a way to get the City out of the middle and not be involved
legally in these types of permits because it puts the City in a no win situation. Councilmember Pawlenty said
he did not disagree and this section of the ordinance should be reviewed to make certain the City Is being
consistent and it should be taken up at a workshop session. Mayor Egan agreed saying he did not like to
see the City adopt and implement policy at the same time.
Councilmember Wachter. said that the City has had obligations such as this in the past. The
Councilmember said the Phillips have received erroneous information and that is unfortunate. However, the
residents have expressed their views and the City Council Is obligated to do what is best for the community.
The Councilmember said he had no problem denying this application. Mayor Egan then asked the City
Attorney whether conversely the City could add as a condition of denial the fact that the Deerwood
Homeowners Association had not approved this application. The City Attorney said that would not be
unreasonable.
Mayor Egan said the entire situation had been incredibly unfortunate. He said he would be
extremely reluctant to approve an application that was processed in the manner that this was that created
the kind of community and neighborhood uproar that this has. Mayor Egan said, based on what legal
counsel had indicated, he would strongly support a motion for denial.
Wachter moved, Egan seconded a motion to deny the conditional use permit for Margaret O. Phillips
to allow a hair salon In an R-1 single-family district on Lot 34, Block 3, Engstrom's Deerwood Addition.
Mayor Egan said he seconded the motion on the basis of the neighborhood objection and the Deerwood
Homeowners Association covenants.
Councilmember Pawlenty asked City Attorney Sheldon whether neighborhood opposition was
reasonable criteria to deny. City Attorney Sheldon said that failure to comply with restrictive covenants
could be a factor the City Council could consider in their decision. However, if asked whether neighborhood
approval would be a basis for denial, his answer would be no.
After further discussion, Councilmember Wachter withdrew his original motion and then moved,
Egan seconded a motion to approve the conditional use permit for Margaret O. Phillips to allow a hair salon
in an R-1 single-family district on Lot 34, Block 3, Engstrom's Deerwood Addition subject to the following
conditions:
Page 15/EAGAN CITY COUNCIL MINUTES
December 4, 1990
1. Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only.
2. Only household occupants can be employees.
3. Parking shall be on-site and limited to two customer vehicles.
4. No signs advertising the business are allowed.
5. No over-the-counter sale of merchandise Is allowed.
6. The applicant shall comply with the Deerwood Homeowners Association covenants.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING R 90.90
PREUMINARY PLAT/HOEFT ADDITION .
Mayor Egan Introduced the Item as a Comprehensive Guide Plan Amendment for the Hoeft Addition,
Lowell Bahrke, changing the land use designation from D-III (Mixed Residential, 6-12 Units Per Acre) to D-I
(Single Family, 0-3 Units Per Acre), a rezoning of approximately 2.1 R-4 (Multiple) Acres to an R-1 (Single
Family) District and a Preliminary Plat consisting of four lots located along the south side of Highway 55 in
the North 1 /2 of Section 12.
City Administrator Hedges said that the Advisory Planning Commission had considered this item at their
November 27, 1990 meeting and had recommended approval.
Director of Community Development Runkle said that separate applications had been submitted
requesting a comprehensive guide plan amendment of approximately 2.1 acres from D-III (Mixed Residential,
6-12 units per acre) to D-I (Single-Family Residential, 0-3 units per acre), a rezoning of approximately 2.1
acres from R-4 (Multiple Family Residential) to R-1 (Single-Family Residential) and a preliminary plat
consisting of four lots on approximately 3.4 acres. Mr. Runkle said that the 2.1 acres of R-4 zoned property
are owned by Lois Hoeft. Three property owners who abut her property wish to purchase portions of the
2.1 acres to add to their existing single family lots. Mr. Runkle said the proposed platting would create one
lot with an existing home at the north end of the property with the remaining property being split up and
attached to three existing lots that include Lot 5, Block 1, Harvey Addition and Lots 4 and 7, Block 3,
Selmark Addition. Mr. Runkle said the parcel in question would be difficult to develop and the best solution
would be to tie it to existing lots. He said it did not create any additional density.
The Director of Community Development said that the applicant had submitted a letter to the City
earlier this year requesting that City fees be waived since there is no development occurring as a result of
this platting process. He said they have worked with the applicant and suggested the applicant submit the
preliminary plat fee of $300, the rezoning fee of $250, a comprehensive guide plan amendment fee of $300
and the preliminary plat escrow of $1,500, which they have done. He said the payment of the remainder
of the fees would be left to City Council discretion regarding final plat escrow, park dedication fees and all
other fees associated with development.
Mr. Lowell Bahrke of 603 Chapel Lane said he was one of the purchasers of the property and that
this would be a relatively simple property transfer. He said unfortunately it has become very complicated
and costly. He said even though this Is not a new development, they have been required to follow platting
procedures. Mr. Bahrke said they have already paid $2300 In fees. He said they were aware of most of the
fees, but now have become aware of a $3,700 connection charge to the City's sewer system and a cash
trails and park dedication fee of an unspecified amount. He said this Is not a new development and no
changes are being proposed to the City's utility system and only the property lines are changing. He said,
therefore, they feel these fees are unreasonable and asked a waiver of the parks and trails dedication fees,
the utility fee and the final plat escrow.
Page 16/EAGAN CITY COUNCIL MINUTES
December 4, 1990
The City Council generally agreed with waiving the fees as requested because platting the property
was beneficial to the City, reduced the amount of R-4 In the City, and gave the City a better and cleaner
legal description on the property.
McCrea moved, Wachter seconded a motion to approve the comprehensive guide plan amendment
from D-III to D-I. Aye: 5 Nay: 0
McCrea moved, Gustafson seconded a motion to approve the rezoning of approximately 2.1 R-4
acres to an R-1 district. Aye: 5 Nay: 0
McCrea moved, Wachter seconded a motion to approve a preliminary plat consisting of four lots
located along the south side of Highway 55 In the north half of Section 12 and referred to as the Hoeft
Addition subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council on July 10, 1990 shall be
complied with: Al, B1, F1 and H1.
2. That fees for storm sewer trunk of $3,700, park and trail dedication fees, and final plat escrow
be waived.
Aye: 5 Nay: 0
City Administrator Hedges said that the Advisory Parks and Recreation Commission would meet on
December 6 regarding this item; however, no action on their part was anticipated which would incur any
cost to the homeowners.
POLICE SHOOTING RANGE
After Introduction by Mayor Egan, the City Administrator said that the City of Burnsville is looking
to purchase the Gunnery which Is a private firearms range currently available for sale. The City of Burnsville
is requesting that area cities indicate their level of interest.
Councilmember Wachter said he had interest in the outdoor range, however, had a concern as to
where the money would come from. Chief of Police Geagan said at this stage, the City is only being asked
to indicate whether or not they have any Interest in the facility and If the City Council Indicates this interest,
staff would look into It. Councilmember Gustafson said this is an excellent facility and should be looked at
In addition to the future Rosemount facility.
Police Chief Geagan then showed a videotape of the facility. He said It is a Caswell range which
is one of the best on the market. He said that the facility would have to be computerized; however, those
costs have been added into the $310,000 asking price. Chief Geagan said that this facility would be a better
option than the Rosemount facility because there is more Interest In the Gunnery. He said the more users
there are for the facility, the more the costs are spread out and lowered.
Chief Geagan said that the Gunnery had been In receivership three times and was facing a large
tax burden at the present time. Councilmember Wachter said that any interest in the facility would have to
be worked Into the budget. He said when the financial information is available, It could be dealt with at that
time.
Page 17/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Wachter moved, Gustafson seconded a motion to indicate the City of Eagan's Interest In
participating In the use of the Gunnery which Is currently being considered for purchase by the City of
Burnsville. Aye: 5 Nay: 0
WEST PUBLISHING UPDATE
City Administrator Hedges said that staff wanted to update the Council on the West Publishing
facility and bring their concerns on the West/Becker Road issue before the Council. He said it appears that
MnDOT wants to complete the upgrade to Becker Road to a greater design than was originally proposed.
Mr. Hedges said that this had not been West Publishing's or the City of Eagan's Intent. Director of
Community Development Runkle said that besides the upgrade, MnDot is looking at the ultimate design.
Mr. Runkle said that a corridor study is being prepared simultaneously at City expense. He said it Is the
intent to come up with a temporary solution that will also work for the long-term.
Councilmember Wachter said that MnDot has a greater responsibility than they are willing to
assume. He said there were buildings In that area before West located there and the Highway Department
should have known that there was going to be an Impact In the future. The Councilmember said that with
West's move to Eagan, the problem accelerated, but that does not change MnDot's responsibility.
Councilmember McCrea asked if this wasn't the intersection that the City had urged the State to take a
proactive approach to rather than watt for the congestion to occur. Councilmember Pawlenty said If the City
goes ahead with the improvements, we are facing a certain amount of financial exposure. He also noted
that West was also exploring the possibility of reorienting its principal access to Yankee Doodle Road rather
than Becker Road. The Councilmember asked Director of Community Development Runkle if that was a
viable alternative. Mr. Runkle said that West Drive will go through with the next phase of development. Mr.
Runkle said that the question then becomes how is the traffic to be dispersed and still stay within the ISP
criteria for air quality. Mr. Runkle said if that could be done cheaper than what the upgrade would cost, it
would be a possible alternative. He pointed out, however, that it would be West's decision.
Because this was an update, no formal action was required.
TRINITY LONE OAK CHURCH
REQUEST TO WAIVE PLATTING FEES
After introduction by Mayor Egan, City Administrator Hedges said that the City had been approached
by a group from Trinity Lone Oak Church to discuss the fees being imposed for their development. He said
they wished to remodel and build an addition to the church and the City then asked that they conform to
the platting process at this time. He said the church obviously did not plan to Incur all these fees and they
are asking the City Council to give some relief from such costs as the final plat escrow, the water quality
fees, and parks and trails dedication fees. He said a second issue has also arisen regarding a sanitary
sewer extension to the southern boundary of their property. He said the church did not have an interest
In paying these sanitary sewer costs plus they have a concern about not being able to use the property for
future expansion because of where the utilities are planned to be located. Mr. Hedges said that precedent
Is always a concern to the City despite the fact that the church Is one of the oldest institutions in the
community. _
Director of Community Development Runkle said that past practice has indicated that churches have
gone through the process and paid the fees. He said the one fee the City has been consistent in waiving,
however, has been the park dedication fee. He added that this will be the first church subject to the water
quality fee and a decision would have to be made on the collection of that fee.
Page 18/EAGAN CITY COUNCIL MINUTES
December 4, 1990
Counciimember Wachter then asked about the neighboring properties that may want the sewer
extension in the future. He said it appeared that the sewer line extension would have to go through the
church property as there would be no other access to this utility for those property owners.
Mr. Jim Schuetze said the fees are putting the church In the position of subdividing. He said that
all the church wanted to do was get a building permit and expand the property. However, once the property
was platted, they became subject to all the fees. In regard to the utility hook-ups, Mr. Schuetze said it was
their understanding that the neighbor could hook up across Highway 55. He added that it Is a considerable
expense to the church to run the utility lines across their property.
Mayor Egan wished to point out that the City has had other church groups who have expressed the
same concerns. He said there has been a great deal of church development in Eagan. He said that even
though the representatives of Trinity Lone Oak Church do not feel they are subdividers, the City undergoes
the same costs that they would with any other kind of development. Mr. Schuetze said he understood that
the churches referred to by Mayor Egan were new churches and all Trinity Lone Oak Church would like to
do is remodel.
Wachter moved, McCrea seconded a motion to continue to the December 18, 1990 regular City
Council meeting: 1) a waiver of certain fees relative to the platting of Trinity Lone Oak Church' and 2)
consideration of a waiver of the preliminary plat condition relative to sanitary sewer installation. Aye: 4
Nay: 1 (Gustafson)
OLD TOWN HALL USER FEE
After introduction by Mayor Egan, the City Administrator said that the main issue in question was
the use of the Old Town Hall and the charging of a user's fee. Mr. Hedges said the City had been
approached by numerous groups who would like to use the space. He said he had talked to
Councilmember Wachter about the History Committee studying the use of the facility in addition to any
concerns and precedent. Mayor Egan said he would like to allow the American Legion to use the Old Town
Hall but questioned what the City would do when the next group came In. He also questioned what the City
should do about the $35 fee if that's the actual cost to the City. Councilmember Wachter said he generally
agreed but felt the American Legion was a different organization. He said these are people who had served
their country, they have promised to clean up the Old Town Hall after their meetings and would be willing
to donate something toward heating the building. City Administrator Hedges said another issue the City
Council may wish to consider is that users of other City buildings have been limited In the past to six
months. Since other uses of the Town Hall are anticipated, Mr. Hedges suggested that an appropriate
timeframe be specified in a letter to the American Legion.
Wachter moved, Gustafson seconded a motion allowing the American Legion to use the Old Town
Hall for a period of six months and to waive the fee for that organization. Aye: 5 Nay: 0
CHANGE ORDER #1 TO CONTRACT 90-16/WOODLANDS NORTH ADDITION
Gustafson moved, Wachter seconded a motion to approve Change Order #1 in the amount of
$50,040.35 for Wescott Square Utilities to Contract 90-16 (Woodlands North Addition). Aye: 5 Nay: 0
Page 19/EAGAN CITY COUNCIL MINUTES
December 4, 1990
SPECIAL CITY COUNCIL MEETING/DECEMBER 11, 1990
Because the December 11, 1990 Special City Council meeting falls during the celebration of
Hanakkah, it was determined that the joint meeting with the Airport Relations Committee be an Informational
meeting only with no formal action taken. The joint meeting will not last beyond 7:00 p.m.
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated December 4, 1990, In the
amount of $852;667.04. Aye: 5 Nay: 0
EXEU'9YE$ESICE AD".0 A7 ill ENT.
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 11:25 p.m. Those In attendance were Mayor Egan, Councilmembers Gustafson,
McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive
session was adjourned at approximately 12:00 a.m.
KF
CITY OF EAGAN
E. anOverbeke, ity Clerk
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
December 11, 1990
A special meeting of the Eagan City Council was held on Tuesday, December 11, 1990 at 5:30
p.m. in the lunchroom of the Municipal Center building. Present were Mayor Egan, City Councilmembers
Gustafson, McCrea, Pawlenty and Wachter. Also present were members of the Airport Relations
Committee, including Larry Alderks, George Martin, Becky Newell, Tim Ring, Bob Hafvenstein, Greg
Langen and Jerry Woelfel. Also present were Assistant to the City Administrator Hohenstein and City
Administrator Hedges.
Mayor Egan welcomed members of the Airport Relations Committee and reinforced the City
Council's objective to meet with all advisory committees and commissions on a more regular basis. He
further stated that following the presentation by Assistant to the City Administrator Hohenstein, the City
Council would like to discuss the recommendation of the Airport Relations Committee regarding concepts
for considering additional runway improvements at Minneapolis St. Paul International Airport and any other
issues relative to airport operations.
Assistant to the City Administrator Hohenstein explained the arrival and departure impacts for
each of the concepts that consider additional runway improvements at Minneapolis St. Paul International
Airport. He specifically addressed the planned probable and possible impact on the community
depending on how headings should be directed if fanned over the community illustrating each of the
alternatives. Assistant to the City Administrator Hohenstein further discussed the accuracy of the
Metropolitan Airport Commission's assumptions for each of the concepts that were presented.
City Councilmember Gustafson spoke to the MAC rationale for supporting Concept C which is an
obvious impact for the City of Eagan. He also discussed the significance of the FAA who is in control of
the flight patterns and operations. City Councilmember Gustafson stated the City should be specific
regarding a new location if the recommendation to support a new location for the airport is chosen. He
further indicated that a south location would be most practical and more than likely not impact the south
metro economy of the 1-494 strip, City of Eagan and other communities. He further expressed an opinion
that frequency of operations is possibly a greater concern than actual noise.
City Councilmember Pawlenty stated that, according to the report, if a new airport was authorized
in 1991, the opening would not occur until 2006 which is a 15 year timetable. City Councilmember
Wachter expressed his concern with the cost of new construction, which is far more expensive than
revamping the existing airport to accommodate the increased operations. He further questioned the
timetable as to when a decision is necessary by the Metropolitan Council regarding the dual track study.
Assistant to the City Administrator Hohenstein stated that originally the Legislature was requiring a
decision in late 1990; however, a one year extension has been granted and a decision is expected during
the summer or early fall of 1991.
Mayor Egan indicated that the airport issue was entering a new phase and that 1991 would be
a very busy year with respect to this issue. He indicated that he agreed with Councilmember Gustafson
that a north relocation would negatively affect the City of Eagan far more than a south relocation would.
He stated that it would be hard to quantify the economic impact on Eagan but that it would have to be
considered in any discussion of relocation versus expansion. He also stated that the economic impact
would have to be considered in the context of the potential impacts on all Eagan residents, both those
associated with the airport and those not. He stated that if the City were to support relocation as an
option, it would be dependent upon which location was chosen.
Page 2/ Special Council Meeting
December 11, 1990
?_as
Alderks stated that he was pleased by the responses of the City Council to the recommendation of
the committee. He stated that the committee was very concerned about the business Impact of a
potential relocation and that all interests both business and residential would have to be balanced in
approaching this decision. He stated that the frequency of overflight will continue to be an issue even
if quieter planes dominate the fleet. He said that frequency and noise would continue to be issues in the
context of the FAA's willingness to operate within a confined area indefinitely. He stated that one of the
most important issues is that the current airport site Is to small to absorb enough expansion to make it
competitive with major airports around the United States. He stated that discussion of relocation should
be based on a specified area or radius from the current site.
Mayor Egan stated that no one has quantified airport Impact on the local economy. He stated that
this would be an important ingredient to consider before making a final decision. He stated that he would
also like to know what effect expansion would have on local property values. Hafvenstein stated that he
supported use of the existing terminal facility with light rail to a new site to maintain the viability of the 494
strip. Egan agreed, stating that if a site were relocated it would have to be tied into the long term light
rail transit plan.
Newell said that 50% of the Minneapolis/St. Paul International Airport users treated the facility as a hub
and never left the airport site. Therefore, she stated for those users it didn't matter where the airport was
located. For origination and destination users, she stated that the transportation system in place
endorses a southern location. Mayor Egan stated that this consideration would be important because
it is difficult to project trends into the distant future. As an example, he indicated that Northwest Airlines'
current investment in Eagan is comparable to the cost of a single Stage 3 aircraft. if the airport were to
move north, Northwest Airlines may move too.
Martin agreed that Eagan's policy should be tied to light rail and a clear preference for a southern
location. He stated that in some ways a southern location would cause Eagan to be in the middle of the
metropolitan economic development triangle between the two downtowns and the airport. He stated that
the limited space at the current airport will also raise safety concerns if traffic demand continues to
increase. He stated that reuse of the current site would also raise dramatic development issues and affect
property values.
Pawlenty agreed that it would be important to identity costs both pro and con for expansion and
relocation, but indicated that the complexity and speculative nature of such data may make it hard to
compile. He stated that it was important for the City to continue to be part of the process even if we
sometimes feel we do not have power over it. He stated that it is important in any decision to recognize
the FAA's role in supporting interstate commerce. He said that while we can affect the FAA to some
extent, the City must carefully consider the effect decisions will have on the community. He stated that
many well placed people do not believe that a new airport will ever be built and as a consequence it is
important for the City to have a position with respect to the current site. Woelfel agreed with these points
but stated that taking a position on the current site might tend to weaken a position on relocation if the
City were to pursue that strategy. He stated that a fall back plan might be prudent, however.
With respect to process, it was suggested that the transition in the Governor's office may present
opportunities for Eagan to acquire more direct MAC representation than currently exists. it was suggested
that this alternative be pursued.
Egan stated that it was very important for Dakota County and Eagan to make their wishes known
because the North Metro Mayor's Association is very active to promote a northern location. Hohenstein
stated that Dakota County and Dakota County cities are considering a policy to support a southern site
with the understanding that it would be worse to have the airport move to the north metro area than to
stay in the south metro area.
Ring stated that despite responsible land use planning, our residential areas receive unacceptable
Page 3/ Special Council Meeting
December 11, 1990
levels of impact. He stated that none of the runways being proposed appeared acceptable for Eagan
neighborhoods. The Council stated that the City should have a position on both tracks of the dual track
planning process and that the committee should identify which of the runway alternatives would be least
offensive to the community. It was also suggested that the committee tie in specific references to the
value of south metro transportation and the Integration of light rail transit in a position to build support
for a southern site for a relocation track. Akierks stated that it was important to phrase the City's position
carefully so that it is not perceived as a preference but rather a lesser of evils.
Mayor Egan drew the discussion to a close and thanked the committee for its work and participation
in this issue and the meeting. He indicated that the Committee and Council would work together in the
coming months to finalize this position.
ADJOURNMENT
The meeting was adjourned at 7:10 p.m.
December 1 1 , 1990
Date
TLH
-A a
City C erk
re R
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 18, 1990
A regular meeting of the Eagan City Council was held on Tuesday, December 18, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty.
Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
WPM"
City Administrator Hedges said that the following item would be recommended for continuance to the
January 3, 1991 regular City Council meeting:
Item V, Consent Agenda, Agreement for Final Plat, Tranby 1st Addition.
Wachter moved, McCrea seconded a motion to approve the agenda for the December 18, 1990 regular
City Council meeting. Aye: 5 Nay: 0
Councilmember Gustafson asked that the spelling of John Westley's name be corrected on page 7 of
the minutes of the December 4, 1990, regular City Council meeting.
McCrea moved, Wachter seconded a motion to approve the minutes of the December 4, 1990 regular
City Council meeting as amended. Aye: 5 Nay: 0
Councilmember McCrea asked that the proposed $25 surcharge referenced in the November 27, 1990
special City Council minutes be clarified as to its obligation.
Gustafson moved, Wachter seconded a motion to approve the minutes of the November 27,1990 special
City Council meeting as amended. Aye: 5 Nay: 0
DEPARTMENT OF PARKS & RECREATION/CITATION AWARD FOR
PARK RANGER PROGRAM
MINNESOTA RECREATION AND PARK ASSOCIATION
Director of Parks & Recreation Ken Vraa introduced Bruce Anderson who is the Director of Parks &
Recreation for Inver Grove Heights. Mr. Anderson was in attendance to present a citation award for the City's
Park Ranger Program on behalf of the Minnesota Recreation and Park Association.
Mr. Anderson said it was a pleasure to present the City of Eagan with its fourth consecutive award. Mr.
Anderson said the City of Eagan was not only the first to receive four citations but the first community to receive
two. Mr. Anderson said a hallmark of Eagan's Park Rangers Program was the number of participants. He said
the City had 25 students involved in the program from the ages of 15 to 21 years and since the program's
inception, 6,000 volunteer hours and 50,000 miles have been logged by these volunteers. Then on behalf of the
Minnesota Recreation & Park Association, Mr. Anderson presented the 1990 Citation Award for Excellence to
the City of Eagan for its Park Rangers Program.
Mr. John VonDeLinde, Eagan's Park Supervisor, 'then presented the Presidents Award from the
Minnesota Park Supervisors Association to the Mayor and City Council, also for the Park Rangers Program.
Page 2/EAGAN CITY COUNCIL MINUTES
December 18, 1990
Mr. VonDeLinde asked Police Chief Pat Geagan for a brief presentation and introduction of those Park Rangers
in attendance.
Chief Geagan said he was very impressed by the number of hours donated by these young people. He
said it approached the equivalent of three full-time employees. The Chief said the community should be very
thankful for the work performed by these young people. He then recognized Mr. Kevin Lazarchic for his recent
achievement of being selected Law Enforcement Explorer of the Year for the Boy Scouts of America's
Indianhead Council.
The Explorers then introduced themselves and they were: Chris Ericson, a second year student at Inver
Hills Community College; Jeff Albee, a sophomore at Eagan High School; Rob Merrill, a sophomore at Inver
Hills Community College; Kevin Lazarchic, who has his Law Enforcement degree; Laura Hampton, a student
at Burnsville High School; and Derek Shostag, a sophomore at Rosemount High School.
The Mayor acknowledged the students and their contribution to the City.
City Administrator Hedges then took the opportunity to introduce Rick Brasch, who is the new Water
Resources Coordinator for the City. Mr. Brasch began work with the City on December 3.
CONSENT AGENDA
Councilmember Wachter questioned the City's liability in regard to Items C and D which dealt with
refuse hauler license renewals and the Dakota County, yard waste compost lease agreement respectively. He
asked who was responsible for insuring these services. City Administrator Hedges said City staff would
investigate.
A. Personnel Items
Item 1. It was recommended that the hiring of Ross Anderson, Brad Corl, Seth Gilbert, Rob Helebrant,
Martha Henderson, Shelagh More, Aaron Moniza, Jeff Olson, Joe Rossini, Josh Sadek, Nancy Stachel, Dan St.
Peter, Joe Thull, Joe Tracy and Nathan Young as Winter Recreation Leaders be ratified.
Item 2. It was recommended that the contract with Health Counseling Services to provide the Employee
Assistance program for the City of Eagan for calendar year 1991 for the total contract amount of $2,12A be
ratified.
Item 3. It was recommended that the compensation and benefit adjustments for non-collective
bargaining employees for 1991 be approved as shown in Exhibit A. It was recommended that a 4%
compensation rate for calendar 1991 for all seasonal/temporary/contractual employees, with the exception of
winter recreational leaders, be approved as presented.
Item 4. It was recommended that the reorganization of the Community Development Department,
including making the Assistant Chief Building Official responsible for supervising the Building maintenance
Division and changing the remaining Planner I position to that of Senior Planner (K exempt compensation
range), effective January 1, 1991, be approved.
Item 5. It was recommended that the hiring of Mike Pike as a temporary engineering intern be
approved.
'tJU
Page 3/EAGAN CITY COUNCIL MINUTES
December 18, 1990
Item 6. It was recommended that the Hepatitis B vaccine policy be approved as presented.
Item 7. It was recommended that the temporary hiring of Michael Finnegan as a Seasonal Parks
Maintenance Worker and Ben Anderson as a Seasonal Streets Maintenance Worker be ratified.
B. 1991 Pet Shop Licenses
It was recommended that the 1991 Pet Shop Licenses for Heartland Pet and Town Centre Pet be
approved as presented.
C. 1991 Refuse Hauler License Renewals
It was recommended that refuse hauler license renewals for 1991 be approved as listed in Exhibit B
subject to the future addition of plastics and corrugated cardboard to the targeted recyclables list.
D. 1991 Lease Agreement. Dakota County Yardwaste Compost Site
It was recommended that the 1991 lease agreement for Dakota County use of Municipal Center property
for a yard waste compost site be approved as presented.
E. Resolutions for Study Areas A. I. and O. Rezoning and/or Comprehensive Guide Plan Amendments R
R
It was recommended that the resolutions for the rezoning and/or comprehensive guide plan R
amendements for Areas A, I, and Q of the multifamily land study be approved as presented. R
R
F. Ordinance Amendment Incorporating Beer. Wine and Liquor License Fee Approved July 17. 1990 R
It was recommended that the ordinance amendment incorporating the beer, wine, and. liquor license fees
approved July 17, 1990, be approved.
G. 1991 Special Revenue Fund Budgets
It was recommended that the 1991 Special Revenue Fund Budgets be approved as presented.
H. Senior Citizen Special Assessment Deferment - Warkentien
It was recommended that the senior citizen special assessment deferment application for Warkentien
be approved.
I. Contract 90-17. Receive Bids/Award Contract (#3 & #4 Well & Pump Repair)
It was recommended that bids for Contract 90-17 (#3 & #4 Well and Pump'Repair) be received and
the contract awarded to the lowest responsible bidder and the Mayor and City Clerk were authorized to execute
all related documents.
J. Renew Joint Powers Agreement for the Blackdog Watershed Management Organization
90.91
90.92
90.93
90.94
90.95
90.96
It was recommended that the Joint Powers Agreement be approved as revised for the Blackdog
Watershed Management Organization and the Mayor and City Clerk authorized to execute all related documents.
Page 4/EAGAN CITY COUNCIL MINUTES
December 18, 1990
K. Project 600. Receive Feasibility Report/Order Public Hearing (T.H. 149 and Beecher Road -
Intersection Improvement)
It was recommended that the feasibility report be received for Project 600 (TH 149/Becker Road -
Intersection Improvements) and the public hearing scheduled to be held January 15, 1991.
L. Contract 89-08. Approve Final Payment/Authorize City Maintenance (Wells #14 & #15 Pumping
Facilities
was recommended that the 9th and final payment to A & K Construction in the amount of $30,162
for Contract 89-08 (Wells #14 and #15 - Pumping Facilities) be approved and City maintenance authorized
subject to all appropriate warranty provisions.
M. Contract 86-SS. Acknowledge Completion/Authorize City Maintenance (Lexington Hills - Utilities
It was recommended that the completion of Contract 86-SS (Lexington Hills - Utilities) be acknolwedged
and City maintenance authorized subject to appropriate warranty provisions.
N. Contract 86-NN. Acknowledge Completion /Authorize City Maintenance (Chatterton Ponds - Streets
Utilities)
It was recommmended that the completion of Contract 86-NN (Chatterton Ponds - Streets & Utilities)
be acknowledged and City maintenance authorized subject to appropriate warranty provisions.
0. Contract 88-E. Acknowledge Completion /Authorize City Maintenance Burr Oak Hills 2nd Addition
- Streets & Utilities)
It was recommmended that the completion of Contract 88-E (Burr Oak Hills 2nd Addition - Streets &
Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions.
P. Contract 89-I. Acknowledge Completion/Authorize City Maintenance (Blue Ridge 2nd Add- Utilities
It was recommmended that the completion of Contract 89-I (Blue Ridge 2nd Addition - Utilities) be
acknowledged and City maintenance authorized subject to appropriate warranty provisions.
Q. Contract 87-L. Acknowledge Completion /Authorize City Maintenance (Summer Place Addition -
Streets & Utilities)
It was recommmended that the completion of Contract 87-L (Summer Place Addition - Streets &
Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions.
R. Contract 90-A. Acknowledge Completion/Authorize City Maintenance (Duckwood Sq Add-Utilities)
It was recommmended that the completion of Contract 90-A (Duckwood Square Addition - Utilities)
be acknowledged and City maintenance authorized subject to appropriate warranty provisions.
S. Contract 88-G. Acknowledge Completion/Authorize City Maintenance (Cutters Ridge 1st and 2nd
Additions - Streets & Utilities)
It was recommmended that the completion of Contract 88-G (Cutters Ridge 1st and 2nd Additions -
Streets & Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions.
A n
Page 5/EAGAN CITY COUNCIL MINUTES
December 18, 1990
T. Final Plat. Hoeft Addition R 90.97
It was recommended that the final plat for the Hoeft Addition be approved.
U. Final Plat, Unisys 2nd Addition R 90.98
It was recommended that the final plat for the Unysis 2nd Addition be approved.
V. Agreement for Final Plat. Tranbv 1st Addition
It was recommended that the agreement for Final Plat of the Tranby 1st Addition be continued to the
January 3, 1990, regular City Council meeting.
W. Agreement. Joint Powers for Striping. Sweeping and Sealcoating
It was recommended that the 1991 Joint Powers Agreement for contractual striping, sweeping and
sealcoating services be approved.
Gustafson moved, Pawlenty seconded a motion to approve the Consent Agenda as presented with the
exception of Item V, Agreement for Final Plat, Tranby 1st Addition which was continued. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
Pawlenty moved, Wachter seconded a motion to set January 8, 1991 as a special City Council meeting
date for the purposes of interviewing prospective candidates for the City's committees and commissions. It was
recommended that the meeting begin at 5:30 p.m. Aye: 5 Nay: 0
..................................................
..................................................
VACATION/WINDTREE 3RD ADDITION
Mayor Egan introduced this item as a vacation of a portion of drainage and utility easement (Lot 6,
Block 1, Windtree 3rd Addition). City Administrator Hedges said that on September 4, 1990, the City Council
had considered and denied a side yard setback variance for this parcel. He said that during the application
process, it was discovered that the existing house was inadvertently located within the common lot line drainage
and utility easement on the east side of the parcel. He said that the property owner had subsequently submitted
a petition requesting the vacation of a portion of the side lot line drainage and utility easement. No objection
has been received to this application. Mayor Egan then asked if anyone was present to address the issue. None
was.
McCrea moved, Gustafson seconded a motion to close the public hearing and approve the vacation of
a portion of the side lot line drainage and utility easement as described as Lot 6, Block 1, Windtree 3rd Addition.
Aye: 5 Nay. 0
REQUEST TO WAIVE FEES/SANITARY SEWER REQUIREMENT
TRINITY LONE OAK CHURCH
After introduction by Mayor Egan, the City Administrator said this item had been before the City
Council at the last regular meeting on December 4. He said at that time, the City Council had questioned the
Page 6/EAGAN CITY COUNCIL MINUTES
December 18, 1990
precedence and previous actions with respect to similar uses. Those questions were researched and were part
of the packet information included for Council's review. Mr. Hedges said that the Trinity Lone Oak Church had
asked for a building permit for remodeling, but with the application the City had asked that the property be
platted.
Mr. Martin Schuetze, representing Trinity Lone Oak Church, said there were two things they wished
to address with the Council: 1) the waiver of fees and 2) the sanitary sewer line extension. He said the church
had reviewed a letter from the Director of Public Works regarding a possible solution to the sanitary sewer issue.
Mr. Schuetze said the church had no problem with the suggested solution. Mr. Schuetze said he had met with
the adjoining property owner, Mr. John Kolb, and Mr. Kolb was in no hurry to book up to the sanitary sewer
system. He said this was especially true since he has a number of barns and garages on his property and any
future extension through his property could be disruptive.
Director of Public Works Colbert said the property south of Trinity Lone Oak Church could be served
from two different directions. He said there was no immediate need to hook up to this utility and the issue could
be deferred to a later date. He said the City would ask, however, that the church provide an easement for the
installation of a future utility line to this property. Mr. Colbert said that the proposed agreement used for Trinity
Lone Oak Church would be similar to an agreement developed with the Advent Church and would indicate that
if the sewer had to be installed at a later date through the Trinity Lone Oak property, the easement would have
been dedicated as a condition of the plat. He said that the cost of the sanitary sewer could then be spread as
an assessment against the property to minimize the immediate financial impact to the church.
Mayor Egan noted that the City had frequently waived the parkland dedication fee. He said the
agreement outlined by Director of Public Works Colbert seemed to be a reasonable solution considering there
was a precedence for it and the fact that Trinity Lone Oak Church was one of the oldest existing facilities in the
City.
Councilmember Wachter said that he agreed it was an appropriate handling of this item as it was similar
to what had been done for other churches.
Wachter moved, McCrea seconded a motion: 1) to approve a request from Trinity Lone Oak Church
to waive the park dedication fee and the water quality fee and 2) to approve a waiver of Condition 6 of the
preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through
the dedication of a utility easement.
Councilmember Pawlenty acknowledged that the sanitary sewer issue appeared to be resolved and the
park dedication fee waived but questioned whether the other fees requested were also waived. Councilmember
Gustafson said he understood that the park fee was waived, the sanitary sewer line deferred with a stipulation
that an agreement would be drafted and payment of the extension would be made at the appropriate time and
that all other fees would be paid.
Martin Schuetze disagreed saying that in addition to those items addressed, the church was still
contesting the trail dedication fee, the water quality fee and the final plat escrow. Councilmember Pawlenty said
that the church had attempted to make the case that since they were not a subdivider, they should be exempt
from all development fees. He asked Director of Community Development Runkle if, for instance, the Trail
Dedication ordinance applied only to subdivisions. Mr. Runkle said that 'the Trail Dedication policy had only
come on line in the last six months and had been applied to subdivisions on a per lot basis. The
Councilmember then asked City Attorney Sheldon the definition of a "subdivider." Mr. Sheldon said it was a
generic term for a person who plats property.
Page 7/EAGAN CITY COUNCIL MINUTES
December 18, 1990
Mr. Schuetze said that the fees being charged the Trinity Lone Oak Church are just over $16,000. He
said they were not contesting all of the fees but were opposed to paying the trail dedication fee, the water quality
fee and the final plat escrow. Mr. Schuetze said to put the fees in perspective, the fees would be $16,000 even
if the church was building a $50,000 addition. He said that a subdivider could pass the costs along to the buyer
and a corporation could pass these costs on to the consumer through higher prices or receive a deduction in the
fees through depreciation. He said that the church is exempt from most taxes and he contended the fees that
they were contesting are user fees or fees that are like a "tax" In addition, Mr. Schuetze said the church had
no need for a trail system on their property. He said the church was requesting a waiver of these fees because:
1) there was strong public policy and support of the waiver, 2) Trinity Lone Oak Church is not a subdivider and
3) the substantial amount of money being spent on the remodelling in order to retain its historic flavor.
Councilmember Wachter suggested the possibility of waiving the water quality fee because it was
instituted after the initial application by Trinity Lone Oak Church. Councilmember McCrea said that she would
support that action but was concerned that any other non-profit organization be treated accordingly as she
wanted all public policy to be applied equitably. Councilmember Wachter said his reasoning for the waiver was
only one of the timing of the application.
In response to Mr. Schuetze's questioning the justification for such fees, Mayor Eagan said there were
a number of charges that the City had to be able to justify and said he believed the City was very well reasoned
in that process. As regards the trail dedication fee, Mayor Egan said it was the City's determination that the
church and the school campus would have use for trails on the property. He said the City had to be reasonable
but it also had to be consistent.
For Council's consideration, Councilmember Pawlenty said he had been contacted by a member of
Trinity Lone Oak Church who said they spoke on behalf of eight other members. The person who contacted
Councilmember Pawlenty wished to remain anonymous but it was their opinion that the church should not be
asking for a waiver of the fees but should pay its fair share.
City Administrator Hedges said the point had been made in the past that fees such as those being
discussed were actually a "tax" for service. He said it was, however, an expansion of an existing system and no
matter what the service, it placed an additional burden on that system. Additionally, City Administrator Hedges
said that if Trinity Lone Oak has cash flow problems, they may wish to consider spreading the fees as an
assessment over a period of time.
Councilmember Gustafson then asked the City Attorney if the assessment of these fees could be
interpreted as the levying of taxes against a church? City Attorney said that the charges are absolutely legitimate
based on Minnesota State Statutes which refer to the subdivision regulations that the City has established in
connection with State law. He said these fees are not "taxes" but in fact charges that supplement the system and
provide for those items. He said the City would have no difficulty in justifying these fees. Councilmember
Gustafson then said that it had been suggested that the City consider waiving the water quality fee because
adoption of the fee may have come after Trinity Lone Oak Church's application. The Councilmember said that
if this was done, all other applicants should receive the same consideration. He then asked staff how many
others could be waived for the same reason? Director of Community Development Runkle said that the City
looks at these fees at the time of final plat when they are typically calculated and charged. He said if staff knows
that an ordinance is coming in or to be changed, they inform the applicant of the potential change. The
Councilmember said then anything in effect before final plat would normally be charged with the application.
Mr. Runkle said there was one exception having to do with preliminary plat procedures that does not allow new
conditions to be imposed after the preliminary plat was approved. He said if a fee were instituted after a
preliminary plat was approved, it could not be added as a condition. Councilmember Gustafson then asked the
applicant if they were subdividing their property or had applied only for a building permit. Martin Schuetze said
that they had applied for a building permit and were informed at that time that they would have to have the
Page 8/EAGAN CITY COUNCIL MINUTES
December 18, 1990
property platted. He said because they platted the property they became subdividers and subject to the
respective fees.
In answer to a question from Mayor Egan, Councilmember Wachter said his motion had included a
waiver of the water quality fees. Director of Public Works Colbert, asking for clarification, said if the motion
passed, it was his understanding that it would require a special agreement for the future sanitary sewer
installation, the dedication of an easement over the property, and a trail dedication fee but would waive the park
dedication and water quality fees. Councilmember Wachter said that it was an accurate clarification of his
motion. Mr. Colbert then said the agreement would become an exhibit to the development agreement and
become a recordable document.
Councilmember McCrea said that if waiver of the water quality fee was to be part of the motion, she
would withdraw her second. She said she was doing so because she was concerned about the equitable
implementation of the fees. Because he spoke in favor of the motion, Mayor Egan said he would second it.
Wachter moved, Egan seconded a motion: 1) to approve a request from Trinity Lone Oak Church to
waive the park dedication fee and the water quality fee and 2) to approve a waiver of Condition 6 of the
preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through
the dedication of a utility easement.
Mr. Eldon Morrison, the architect for Trinity Lone Oak Church said that he questioned the necessity
of a final plat. Director of Community Development Runkle said that it has been a policy of the City with
expansions and remodellings to use that opportunity to update the legal description as well as bring the property
up to current development standards.
Councilmember Pawlenty said he agreed with much that had been said, however, he too was concerned
about the consistency of applying the water quality fee. He said the water quality fee was instituted to protect
water quality by attempting to deal with the runoff from buildings or parking lots in the City. He said that
rationale would apply to church buildings and parking lots as well as any other type. Councilmember Pawlenty
said that he respected the viewpoint that this was one of Eagan's oldest landmarks, however, on balance, he
would oppose the motion as it was currently structured. Mayor Egan then called the vote.
Aye: 2 Nay: 3 (Gustafson, McCrea, Pawlenty)
Gustafson moved, McCrea seconded a motion: 1) to approve a request from Trinity Lone Oak Church
to waive the park dedication fee, 2) to approve a waiver of Condition 6 of the preliminary plat relative to
extension of the sanitary sewer service provided such service is guaranteed through the dedication of a utility
easement and 3) that all other fees shall be paid.
Councilmember McCrea said that she would consider rebating a portion of the water quality fee to
Trinity Lone Oak Church if the Council studied the issue regarding the equitable handling of the fee.
Aye: 5, Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
MULTI-FAMILY RESIDENTIAL LAND STUDY, AREA D
Mayor Egan introduced this item as a comprehensive guide plan amendment, City of Eagan, Area D,
multi-family residential land study, to change the land use designation of approximately nine acres from D-III
mixed residential (6 - 12 units per acre) to D-I single family residential (0 - 3 units per acre) and the rezoning
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December 18, 1990
of approximately nine acres from R-3 townhouse residential to R-1 single family residential for property located
west of I-35E and south of Lemay Lake in the northwest and southwest quarters of Section 10. City
Administrator Hedges said that this item was part of the comprehensive R-4 study. He said a public hearing
was held June 26, by the Advisory Planning Commission and then sent to the City Council for their September
4,1990 meeting. Mr. Hedges said a number of questions were raised and legal clarification was requested from
the City Attorney. The Advisory Planning Commission again reviewed the issue and it was now before the City
Council for action. Mr. Hedges said that a legal interpretation of the issues involved were included in a memo
prepared by Mike Dougherty of the City Attorney's office.
Mr. John Klein spoke on behalf of Area D property owners, Karl Olson and Dick Berger. He said the
present zoning was a legitimate and proper use of the property. Mr. Klein said that it was Mr. Dougherty's
interpretation that if the zoning was taken from this property, then compensation had to be given to the property
owners in return. Mr. Klein went on to say that a number of agreements had been made and the City was
responsible for upholding their end of the bargain by reaffirming the existing zoning.
Councilmember Gustafson said the present zoning was R-3 and R-4 for the property and asked Mr.
Klein if the property owners were open to making all of the property R-3. Mr. Klein said that there was no plan
to bring in a lower zoning. He said the future developer of the property would in all probability build all
townhouses. He said that the demand for higher density development has declined, however, he had seen
demands change in the City before.
In answer to a question from Mayor Egan, City Attorney Sheldon said there was no conditional zoning
in the State of Minnesota that would require conditions as a part of the zoning. Mayor Egan said in other words,
the City had exacted something without having the right to request it. He then asked the City Attorney if the
City was satisfied with the interpretation of the events and Mr. Sheldon said the City had no reason to dispute
them.
Wachter moved, Gustafson seconded, a motion to withdraw a comprehensive guide plan amendment
for Area D, City of Eagan, multi-family residential land study changing the land use designation of approximately
nine acres from D-III mixed residential (6 - 12 units per acre) to D-I single family residential (0 - 3 units per
acre) and to withdraw a rezoning of approximately nine acres from R-3 townhouse residential and R-4 multiple
residential to R-1 single family residential as presented for property located west of I-35E and south of Lemay
Lake in the northwest and southwest quarters of section 10. Aye: 5, Nay: 0.
CONDITIONAL USE PERMIT/SAFETY KLEEN/OUTDOOR STORAGE
Mayor Egan introduced this item as a conditional use permit for Safety Kleen to allow outdoor storage
in a light industrial district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the southeast
quarter of Section 8. He said it was his understanding that the item was to be continued.
Pawlenty moved, McCrea seconded a motion to continue the conditional use application for Safety Kleen
to the January 3, 1991 regular City Council meeting. Aye: 5, Nay 0.
REIMBURSEMENT REQUEST/VARIANCE FEES/BRIAN BEBEL
Mayor Egan introduced this item as a request for a refund of variance fee for Brian Bebel for a 30'
variance to the 50' shoreline setback on Lot 42, Block 1, Duckwood Estates, northeast quarter of Section 15.
City Administrator Hedges said that a request had been received from Mr. Brian Bebel for reimbursement of
his variance application fee relative to a variance application which was considered and denied by the City
Council at its May 17, 1990 meeting. Mr. Hedges said that Mr. Bebel was informed that the Council would be
willing to consider a variance for a specific house plan without submission of additional fees, but since Mr. Bebel
Page 10/EAGAN CITY COUNCIL MINUTES
December 18, 1990
does not have an interested prospect for the property at this time, he would prefer that the application fee be
refunded. For Council's information, City Administrator Hedges said the City does incur expenses with
applications such as this for publication and preparation.
Mr. Bebel said that he had sent the City a letter outlining the background and justification for his
request for a refund. He said he understood that the City does incur expenses with these applications, but said
if he had received proper information at the beginning, he would not have pursued the variance. He said if staff
had properly informed him of the way to pursue his variance, his request would have been successful; however,
he acted on the information he was given. Mr. Bebel said that initial comments by the City Council at the May
17 meeting, indicated immediately that the application would not be approved. He said he only needed a
variance of 3 or 4 feet but was told by staff to go for 30 feet because "you always ask for more than you need."
He said he was never told to talk to his neighbors and would have done so and explained his request if he had
been properly informed.
Councilmember McCrea said she was not in support of Mr. Bebel's request for refund because staff had
already spent a great deal of time on this application. The Councilmember said she would, however, consider
a partial waiver if Mr. Bebel came in with another application.
Mayor Egan said if procedures were miscommunicated to Mr. Bebel, then he apologized. He said that
Bebel's application should have included at least a footprint of the house that was intended to be built on the
property. As it was, Mayor Egan indicated that two neighbors had opposed Mr. Bebel's variance in addition to
opposition from the DNR. Mayor Egan said the Council acted prudentary and the minutes indicate that if Mr.
Bebel came back with a more complete request, the City Council would waive any additional fees.
Wachter moved, McCrea seconded a motion to deny a request for reimbursement of a variance
application fee from Mr. Brian Bebel.
Aye: 5 Nay: 0
PRELIMINARY PLAT EXTENSION/STRYKER ADDITION
Mayor Egan introduced this item as a preliminary plat extension for the Stryker Addition, located along
Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19.
Gustafson moved, McCrea seconded a motion to approve a one year preliminary plat extension for the
Stryker Addition location on Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19 subject
to the plat conditions as modified:
1. All applicable standard plat conditions shall be adhere to.
2. A survey of the residual unplatted area shall be submitted with the final plat submission for the
parcel file.
3. Cross ingress/egress and parking easements shall be submitted with the final plat.
4. Setbacks in the parking lot will be allowed to remain as is with a new poured in place concrete curb
and sealcoating, patching, and restripping.
5. The current overgrown shrubbery shall be trimmed, removed or replaced. Understory trees and
shrubs should be planted to screen the parking area.
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December 18, 1990
6. The trash containers should be enclosed in a structure attached to the building and constructed of
similar materials as the building. The back wall and the air conditioning units should be covered and the ice
cooler should be removed.
7. The liquor store lot should be leaned, the weeds removed and it should be either seeded or sodded.
8. The adjoining parking lot shall be sealcoated, patched,a nd restripped.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
CLIFF LAKE CENTER 2ND ADDITION
Mayor Egan introduced this item as a preliminary platfor the Cliff Lake Center 2nd Addition/RHC
Associates Joint Venture I, consisting of one lot on approximately 1.2 previously zoned CSC (Community
Shopping Center) acres within the Eagan Hills West Planned Development, and a conditional use permit to allow
a bank with drive-thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. City
Administrator Hedges said that this item was first considered by the Advisory Planning Commission at their
October 23, 1990 meeting and they had recommended denial. The City Council considered the request at their
November 20 meeting and a number of issues were raised regarding drive-thru lanes, parking stalls, impervious
surface and a pylon sign. He said staff has worked with the developer and resolved these issues.
Director of Community Development Runkle wished to point out that the issue of the pylon sign had
resulted in RHC Associates submitting an application for a pylon sign to be processed at another meeting. Mr.
Runkle said that agreement had been reached on all other issues relating to this application.
Councilmember Gustafson asked the Director of Community Development what the dimensions were
of the parking stalls. Mr. Runkle said they had all been increased to 10 foot widths. In addition, Mr. Runkle
said the bank had agreed to a maximum of five drive-thru lanes, including the ATM lane and six parking stalls
near the exit area were proposed to be eliminated. He said these changes would in turn reduce the impervious
surface for the project from 58 percent to 52.05 percent. He said this was essentially a much better plan.
Councilmember McCrea then asked why there were no fees included for water quality with the
preliminary plat and asked how the developer was fulfilling that obligation. Director of Public Works Colbert
said that a pond had been constructed with an earlier phase of the development to handle the entire ultimate
runoff from the property. Mr. Colbert said there were three ways to satisfy water quality fee requirements and
that was through land dedication, cash dedication or a combination of the two. Mr. Colbert said that the Cliff
Lake Center had constructed a pond which was more than adequate to handle 100 percent of the runoff from
this development. Councilmember McCrea asked if the developer would pay a quarterly fee and Mr. Colbert
said as user fees only.
Wachter moved, McCrea seconded 'a motion to approve a preliminary plat for Cliff Lake Center 2nd
Addition/RHC Associates Joint Venture I, consisting of one lot on approximately 1.2 previously zoned CSC
(Community Shopping Center) acres within the Eagan Hills West Planned Development subject to the following
conditions as modified:
1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall
be complied with: Al, B1, C1, C2, C4, D1, El, F1, and H1.
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December 18, 1990
2. The City, the DNR, and RHC Associates shall enter into a restrictive environmental covenant
agreement should the impervious surface of Lot 1, Block 1, Cliff Lake Center 2nd Addition
exceed 42.017 percent.
3. On-site parking stalls shall be approved as per the plan dated December 7, 1990.
4. Drive-thru lanes shall be approved per the site plan dated December 7, 1990.
5. A maximum of five drive-thru lanes, including the ATM lane, shall be allowed.
6. All trash and recycling containers shall be stored inside or outside in a trash enclosure attached
to the building and made out of the same materials as the main building.
7. Lift top mechanical equipment shall not be visible from the street.
8. All signage shall meet sign code regulations and be subject to the one time sign fee of $2.50
per square foot.
9. The site shall be allowed one monument sign.
Councilmember Gustafson wished to make a comment regarding "shoe horning". The Councilmember
said he was familiar with this development and while it was smaller, his only concern would be with other new
developments wishing to be placed in a small area. Mayor Egan said it was important to understand that the
changes had substantially reduced the intensity of the development. He said there has been a reduction in
impervious surface, drive-thru lanes, and he was far less concerned than when the item was before the Advisory
Planning Commission.
Gustafson moved, Egan seconded a motion to approve a conditional use permit to allow a bank with
drive-thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. Aye: 5 Nay: 0
(During the City Council break after the conclusion of Old Business, a petition was received from the
residents of the Donnywood neighborhood regarding their agreement with a Comprehensive Guide Plan
Amendment for Area D of the Multifamily Residential Study. It was not formally presented during the
discussion of this item at the meeting.)
1991 CIGARETTE LICENSE RENEWALS
After introduction by Mayor Egan, City Administrator Hedges said this item was for the consideration
of the renewal of the 1991 cigarette licenses. He said because work sessions have had such heavy agendas,
consideration of restrictions on vending machine sales of cigarettes had been continued. However, Mr. Hedges
said that staff was leaning toward renewal of the present cigarette licenses and a study of the issue.
Councilmember Pawlenty expressed a willingness to consider restrictions on the availability of tobacco
to minors but because the agenda item was not properly noticed for that type of action, he was hesitant to take
such action at this time. Councilmember Wachter said he was not in favor of vending machine sales of cigarettes
and said a concerted effort should be made to place this subject on a special City Council agenda.
Councilmember Gustafson said he was willing to consider approving the 1991 renewals and then devising an
action plan sometime during 1991 to deal with the subject or delaying approval of the renewals with discussion
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December 18, 1990
of policy at a January workshop and action at a February Council meeting. The Councilmember said he was
not willing to ban cigarette vending machines from all establishments at this time, because it would require
overhead racks for over the counter sales. He said the renewals could be approved for six months, thus allowing
the City Council to study the issue.
Councilmember McCrea said the issue merited a lot of discussion. She suggested the Council approve
those licenses ready for renewal with a letter to the applicants telling them the City was studying the entire issue
of availability of cigarettes to minors. Mayor Egan asked the City Attorney if the Council delayed approval of
the renewals in order to discuss policy at a January workshop whether the applicants would be operating without
a license. City Attorney Sheldon said the licenses require an annual renewal He said it was an ordinance that
could be amended without a public hearing at any time. The City Attorney said it would not be appropriate to
just allow the licenses to expire without an extension or without withdrawing the ordinance. When asked by
Mayor Egan how it could best be handled, City Attorney Sheldon suggested the existing licenses be extended
to a date in the future. Councilmember Gustafson asked if the 1991 license renewals could be granted for six
months. City Attorney Sheldon said the ordinance could be changed granting six month approval.
Councilmember Pawlenty asked why the licenses couldn't be issued and then rescinded. City Attorney Sheldon
said issuing the licenses for an entire year and then rescinding them could cause difficulty in the future.
McCrea moved, Wachter seconded a motion to approve the 1991 cigarette license renewals as presented
on December 18, 1990 with expiration to occur July 1, 1991 with a letter being sent to each of the license holders
informing them that the issue of the vending machine sale of cigarettes would be studied in 1991. Aye: 5 Nay:
0
1991 PARK AND TRAIL DEDICATION
Mayor Egan introduced this item as the 1991 park dedication and trail dedication requirements. City
Administrator Hedges said that Dorothy Peterson, Recreation Supervisor; and Ken Vraa, Director of Parks and
Recreation; were present to answer any questions.
Councilmember Wachter said that the fees for homes were becoming so expensive that it was his
recommendation that the single family fees be held to a maximum of $700. Mr. Vraa said that it had been an
item of debate at the Advisory Parks & Recreation meeting and the 3 1/2 percent increase had been a
compromise.
Wachter moved, McCrea seconded a motion to approve the Advisory Parks & Recreation Commission
recommendations for park and trail dedications for 1991 as follows:
1. Trails:
2. Commercial/Industrial:
3. Residential:
Aye: 5 Nay: 0
Fees for 1991 remain the same as 1990.
Fees for 1991 remain the same as 1990.
Single Family $700
Duplex $621
Townhouse $553
Apartments/Multiple $559
1991 PARKS & RECREATION FEES & CHARGES
Mayor Egan introduced this item as 1991 fees and charges for Parks & Recreation. Director of Parks
& Recreation Vraa said the recommendations before the Council were those recommendations reached at the
last Advisory Parks & Recreation Commission meeting. Mr. Vraa said some changes had not been made in the
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December 18, 1990
fees for some time. He said there had been no percentage of increase across the board and each fee had been
looked at individually.
Councilmember Gustafson said he had no problem with the increases unless they would somehow reduce
the requests for use. He said he would appreciate feedback from the Parks & Recreation Department during
the year regarding these increased fees. Director of Parks & Recreation Vraa said it was the wish of the
Advisory Parks & Recreation Commission that the fees not reach the point where groups would not be able to
use the facilities.
Gustafson moved, Wachter seconded a motion to approve the recommended fees and charges for the
City of Eagan's parks facilities and programs as presented. Aye: 5 Nay. 0
PRELIMINARY PLAT/DIFFLEY COMMONS
ROTTLUND HOMES
Mayor Egan introduced this item as a preliminary plat for Diffley Commons/Rottlund Homes, consisting
of a total of 208 units on approximately 27.6 R-4 (multiple) acres located along the north side of Diffley, east
of Rahn Road in the southwest quarter of Section 20. City Administrator Hedges said that this item had been
considered at the November 27, 1990 Advisory Planning Commission meeting and they had recommended
approval. He said because the Advisory Parks & Recreation Commission had not yet considered the item and
would not until their January 10, 1991 meeting, it was recommended that the City Council continue this item to
the January 15, 1991 City Council meeting or make any approvals subject to APRC action.
Mayor Egan said it was common to approve preliminary plats subject to Advisory Parks & Recreation
Commission action and asked Director of Parks & Recreation Vraa if there was anything unusual about this
item. Mr. Vraa said one of the concerns the APRC had was the lack of green space in the development.
Because the development was now the property of Rottlund Homes, Mr. Vraa said the developer had looked
at some changes but was willing to work with staff regarding these changes. Councilmember Gustafson asked
Mr. Vraa if the City Council took action on the plat subject to 200 square feet of green space per unit whether
compliance could be taken care of in the final plat phase. Mr. Vraa said if the 200 square feet per unit were
going to be split up, there would be no value from a park perspective. Mr. Vraa said they would prefer a larger
area for people to utilize.
Councilmember Pawlenty said that the plat looks in order, however, he did not feel comfortable
approving 200 square feet of green space per unit subject to staff review if the staff was not comfortable with
the arrangement.
Wachter moved, Pawlenty seconded a motion to continue the preliminary plat for Diffley Commons to
the January 15, 1991 regular City Council meeting.
Mr. Todd Stutz of Rottlund Company said his company had one problem with the City Codes's
definition of what constituted green space. He added that the final plat could make certain that his company
met the requirements of the APRC.
Aye: 5 Nay: 0
MILITARY/ACTIVE DUTY POLICY
After introduction by Mayor Egan, City Administrator Hedges said that after concerns were raised by
Councilmember McCrea, staff was directed to study options for discussion regarding a possible change in the
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Page 15/EAGAN CITY COUNCIL MINUTES
December 18, 1990
military/active duty policy of the City. He said a memo was included with the City Council's information which
attempted to address that direction. Mr. Hedges said additional considerations for the Council would be budget
constraints, what other cities are doing, and any legal requirements.
Councilmember McCrea thanked staff for their research but said she almost felt she should come to
a different conclusion. She said because two individuals had been called to active duty, their pay was
substantially reduced even though their salaries had been budgeted for a year. In addition, the Councilmember
noted that other cities were not doing anything extra for such employees. The Councilmember said it was her
suggestion that the City Council look at Option #4, which was to make up a percentage of the difference in pay
and contribute the City's share of family health coverage if the employee wished that to be done. She said the
policy could be implemented when an employee was called to active duty and suggested that the City pay at least
50 percent of what the employee would normally receive.
Councilmember Wachter asked if policy would include draftees. Councilmember McCrea said she would
recommend that the policy be reconsidered if this draft were instituted. She said it was her original intent to
look at the issue because she does not believe in the draft and said the City should support those who do
volunteer.
Councilmember Wachter said the protection of the City was also important and it had been his intent
to use any money not spent, for the hiring of an additional officer who then would not have to be laid off in the
spring when the officers returned. He said he was very much in favor of continuing the health care coverage.
Mayor Egan said the Army Reserves had replaced the draft for a quick and ready mobilization of troops
similar to the draft. He said the City was like any employer whose employees had been called to active duty and
saw significant ramifications to a policy change because of the possibility of the draft being reinstated. He said
there could be significant precedent problems. Mayor Egan said, however, that he would support
Councilmember Wachter's suggestion.
Councilmember Gustafson said he favored Option #3 which would make up the entire difference in pay
for the employee and continue the City's share of family health insurance contributions. He said it should be
limited to those City employees who had voluntarily signed up for the Reserves and would not cover a draft
situation. The Councilmember said he believed the City should make up the entire difference in pay versus 50
percent. He suggested that perhaps the officers could be replaced on a temporary basis. Mayor Egan said at
a time of trying to certify our Police Department, he would be opposed to hiring a temporary sworn police
officer.
Councilmember Pawlenty asked Chief of Police Geagan if these officers' absence until spring would
seriously hamper the day-to-day operations of the Police Department. Chief of Police Geagan said some changes
had already been made and more overtime would have to be authorized. He said that if the country went into
an economic recession, it would have a greater impact on the Police Department because they see more activity
during such times. Councilmember Pawlenty then asked the City Attorney if the City Council approved this type
of financial aid, whether they would subject themselves to a legally binding precedent with future employees
asking for the same type of assistance. City Attorney Sheldon said he did not think there was any question that
if assistance were given now, employees in the future would claim it also. He said it didn't mean they were
entitled to such assistance but he believed that would be their claim. He said if it was the City Council's intent
to deal with these specific people, they would be on legally sufficient ground if the resolution were made very
clear that these were the only persons the Council was dealing with. He said it would not prevent future claims
and he could not predict how a judge would rule on a such a claim, but he did not believe the City would be
legally bound if the resolution was made very dear. Councilmember Pawlenty said he did not think it was fair
for the Police Department to operate two men short indefinitely, but said he also did not think the employees
who were making this commitment to their country should have to suffer. The Councilmember said he was in
Page 16/EAGAN CITY COUNCIL MINUTES
December 18, 1990
favor of Option 3 which would make up the entire difference in pay with continuance of the payment of the
City's share of family health coverage. He suggested the situation be re-evaluated in 60 days and made clear
that this is not a permanent City policy and only applies to two employees at this time and then only for a
temporary period. In addition, he said it should be made clear that there was no binding intent as it related to
changed circumstances or to a significant increase in the number of affected employees.
Councilmember Gustafson then asked the number of Reservists that are presently on staff. City
Administrator Hedges said there were two and possibly three additional employees who could be called to active
duty in the Reserves. The City Administrator asked if this policy would apply to anyone who might be called
into the Reserves next week or only those two employees who are presently on active duty. Councilmember
Gustafson said that the City Council would be consistent in saying it would impact all persons who are enlisted
as members of the reserves as of December 18, L9%. He said if it would help with precedent and with budget
considerations, it was his intent that the policy for partial payment would be in effect from the time the Reservist
was called up until March 1, 1991 (or a similar date) at which point it could be re-evaluated or discontinued.
Councilmember Pawlenty said he did not think the City could afford to pay the entire difference in pay for those
employees called to active duty and replace them. He said if it appeared that the Police Department could not
function without these two persons, it could be re-evaluated.
Councilmember Wachter asked for an explanation of the Federal Government provision for mortgage
payment protection and bill paying protection for the Reservists when they are on active duty. City
Administrator Hedges said this was a program offered by the Federal Government and provides that if a
Reservist makes a reasonable effort to pay his/her bills while on active duty, then the Federal Government would
insure that they do not, for instance, lose their homes and provides a reasonable period of time once the reservist
returns to civilian life to reinstate their payments. Councilmember Wachter then asked about the possibility of
the State legislature making an adjustment for PERA while the Reservist is on unpaid leave. City Administrator
Hedges said it was being explored by the League of Minnesota Cities.
Councilmember Wachter said the Police Department was going to be two persons short and he would
be in favor of approving replacements for those persons. Mayor Egan agreed and added that he was
uncomfortable with developing policy that would only apply to two individuals and exclude anyone else who
would join the Reserves in the future. He said the City should either adopt a policy that is universal and uniform
that is fair and equitable to everyone or recognize that this was a policy that was limited to two individuals. He
said such a policy had no precedent and he knew of no other City or employer that had done anything similar.
Mayor Egan said he empathized with these employees, however, he did not believe the ramifications of the action
were in the City's best interest. Councilmember Pawlenty acknowledged points made by the Mayor, however,
because of the extraordinary circumstances that prompted the action and the magnitude and uniqueness of the
problem, he said it called for flexibility on the part of the City. Councilmember Gustafson said he could see
making the policy universal to include any volunteer Reservist on the payroll called to active duty and would
suggest a specific time frame on the policy, such as, from the point of call up to March 1, 1991.
City Administrator Hedges said that in light of budget cuts in 1991 and the likelihood of cuts occurring
again in 1992, the Council may wish to consider the use of the fund balance which was established to protect the
City from emergencies. He said in this instance, the City may have to draw funds from the fund balance to
possibly hire replacements, to fund all or a portion of the difference in wages, or a combination of those actions.
Councilmember Pawlenty asked Chief of Police Geagan how many officers could be expected to be gone
during the peak vacation season in the summer. Chief of Police Geagan said the Department maintains a four
car minimum, meaning that at any point in time during the day there are at least four cars on the street. He
said because of this issue, on some of the slower days and at some of the slower times, the Department will be
going to a three car minimum. He said they will probably replace the two officers with overtime personnel in
addition to curtaining vacation use. Chief of Police Geagan said he would also suggest that the City Council
Page 17/EAGAN CITY COUNCIL MINUTES
December 18, 1990
carefully consider the hiring of any part-time officers. He said there is a tremendous civil liability with police
work and he would be very reluctant to hire a part-time employee. He said temporary employees would be a
possibility.
Councilmember Gustafson recommended that the City look at the mechanism for paying either 50
percent or 100 percent of the difference in pay for those called to active duty and identifying the fund source and
then bring it back to the next meeting for discussion. He said in view of budget constraints, it would be helpful
to know exactly what amount of dollars are involved. Councilmember Pawlenty agreed saying he would like to
see this policy then applied to anyone currently registered or enrolled in the Army Reserve and would cover that
period between the date of enactment, December 18 to March 15, 1991. He added that it would also be the
stated intent of the Council to re-evaluate the policy at the end of that time. The Councilmember said it might
not help the City to replace these officers as it takes between three and six months to bring an officer on-line.
Chief of Police Geagan said the Department is presently in the process of hiring a Community Services Officer
and, if permitted to hire replacements, it would probably be mid-April before a replacement was ready to start.
Councilmember Pawlenty then suggested a dual track approach, suggesting that the Chief of Police make
contingency plans to bring on more officers. Police Chief Geagan said because the requirements for a CSO are
the same as for an officer, they have gone about as far in the process as they can go. He said they are at the
point now where the position must be offered to someone before they can proceed any further. Councilmember
Gustafson said it was possible that those officers who are on active duty could be back in 60 days and that any
employment should be offered conditionally. Mayor Eagan said it would probably dilute the quality of applicants
if the position were 60 days versus a life-time position. Councilmember McCrea brought up the point that a
position was not normally filled when someone was on a leave of absence and suggested a contingency plan to
fill the void.
McCrea moved, Pawlenty seconded a motion to compensate the two employees presently on active duty,
in addition to three other employees who are currently in the Reserves and could potentially be called to active
duty, at 100 percent of the difference in pay between their City salary and military salary and continue to
contribute the City's share of family health coverage, if the employee wishes this to be done, with a time line
ending March 1, 1991. The motion further stated that on March 1, 1991 the policy would be re-evaluated in light
of new developments or circumstances, including the demand for additional City employees being called for this
type of service, the impact on the City's budget and the needs of the various departments of the City.
Mayor Egan indicated he would vote against the motion as being too arbitrary.
Aye: 3 Nay: 2 (Wachter and Egan)
llNIS ' AGENDA
COUNCIL/STAFF RETREAT
City Administrator Hedges said that a Council/Staff retreat had been included in the budget for 1991
and asked the Council for feedback regarding this retreat. After discussion regarding the use of outside
facilitators and locations, discussion was closed with no formal action taken on the item.
1991 FEE SCHEDULE CORRECTIONS
Gustafson moved, Wachter seconded a motion to approve the corrections to the 1991 fee schedule as
listed in a memorandum from Finance Director/City Clerk VanOverbeke (See Exhibit C). Aye: 5 Nay: 0
Page 18/EAGAN CITY COUNCIL MINUTES
December 18, 1990
CONSTRUCTION OF FOOTINGS/FOUNDATION PRIOR TO FINAL PLAT APPROVAL
TOWN CENTRE 100 - NINTH ADDITION
After introduction by Mayor Egan, City Administrator Hedges said the City had received a request from
the developers of Town Centre 100 Ninth Addition for a footings and foundation permit prior to final plat
approval. He said staff had been protective of such requests in the past because they found that when a footings
and foundation permit was approved before final plat, building permits had not been processed in a timely
manner. City Administrator Hedges said there had been three exceptions to this policy and they were: Eagan
High School, Northwest Airlines Addition and West Publishing. He said the applicant had the right to request
the permit, however, it was anticipated that the final plat would be ready by the January 3, 1991 regular City
Council meeting.
Mayor Egan said that since the reason for this project was a State mandated policy, the City had
sufficient grounds for approving the request. Councilmember Wachter said the mandated program did not begin
until July and asked if the building would take that long to construct.
Mr. Rich Kubik, the Operations Manager of Systems Control, said that right now the applicant was
looking at a 120 day building cycle and with winter coming on, they were trying to get ahead as a week or two
now could save a month or a month and a half later on. Councilmember Wachter said he could not see the
urgency with a full six months to complete this relatively small facility. Councilmember Gustafson asked Mr.
Kubik if a denial of the footings and foundation permit would delay the project. Mr. Kubik said it could and
added that if approval was received, they could have the footings and foundation in by January 3.
Due to existing policy, Wachter moved, Egan seconded a motion to deny a request from the applicant
of the Town Center 100 Ninth Addition to begin construction of the footings and foundation prior to final plat
approval. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated November 20, 1990 for
$2,893,262.35 and the checklist dated December 18, 1990 in the amount of $1,451,102.33. Aye: 5 Nay. 0
Ct 'i'I SESSION/ADJO RN] 4.t 1iT
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 10:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson,
McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session
was adjourned at approximately 11:25 p.m.
KF
CITY OF EAGAN
'Z - (). -q-0A10
E. J. Overbeke, City Clerk
1991 COMPENSATION & BENEFIT ADJUSTMENTS
a. A 4% increase adjustment will be made to the City's current compensation
plan for all regular non-collective bargaining employees, full and part-time.
Not only is this the figure approved with the 1991 budget, the staff has also
surveyed other comparable municipalities and the vast majority have passed
or are planning a 4% increase for their employees. In addition, it is
consistent with the compensation settlement the City has reached with the
clerical bargaining group.
b. Election judges' compensation shall be $5.00 for judges and $5.50 for precinct
chairs. This is the figure from the 1991 budget.
c. The City's contribution for health insurance premiums for 1990 to be the total
premium for employee only coverage or $262.76 for employee plus dependent
coverage for those employees choosing such coverage. This amount is an
increase over the 1990 amount of half of the lowest percentage increase of
any provider. The lowest percentage increase was 14.5%. Therefore, the
$262.76 figure is an increase of 7.25%. This is also the amount approved with
the clerical bargaining agreement.
d. Car allowances for those employees receiving same will increase at 4% to be
consistent with compensation increases.
e. The City's mileage rate will be adjusted to correspond to that of the IRS, $
.26 per mile.
f. 1991 compensation rates for seasonal and temporary employees are currently
in the final stages of preparation for Council approval. Detailed information
concerning these rates will be forwarded to the Council with the
Administrative Agenda packet on Monday.
g. All other benefits will remain at the 1990 level.
CITY OF EAGAN
1991 REFUSE HAULER LICENSE RENEWALS
1. Aagard Environmental(COmm)
875 N. Prior Ave.
St. Paul, MN 55104
645-1388
2. Action Disposal (comm)
4325 E. 66th St.
Inver Grove Hts., MN 55076
455-8634
3. Bloomington Sanitation
9813 Flying Cloud Dr.
Eden Prairie, MN 55344
941-5174
4. Buckingham, Inc.
5450 W. 126th St.
Savage, MN 55378
890-6441
11. Nitti Disposal, Inc. (comm)
6639 Concord Blvd.
Inver Grove Hts., MN 55076
451-1421
12. Ken Oehrlein Sanitation
6963 Ideal Ave. S. (comm)
Cottage Grove, MN 55016
459-0120
13. Poor Richard's Inc.
400 Whitall St.
St. Paul, MN 55101
776-2323
(comm) 14. Quality Waste Control
1901 W. 144th St.
Burnsville, MN 55337
435-3454
5. City Clean-Up (comm)
2841 Burnside Ave.
Eagan, MN 55121
454-6768
6. Dick's Sanitation Service (comm)
21338 Dodd Rd.
Lakeville, MN 55044
469-2239
7. Expert Disposal, Inc.
3131 Sibley Memorial Hwy.
Eagan, MN 55122
688-6666
8. Knutson Rubbish Service
14345 Biscayne Ave.
Rosemount, MN 55068
423-2294
9. Mendota Heights Rubbish
20700 Donnelly Ave. E.
Farmington, MN 55024
437-6786
10. Metro Refuse (comm)
8168 W. 125th St.
Savage, MN 55378
890-0861
15. Roadway Rubbish/Eagan San.
2400 Dodd Rd.
Mendota Hts., MN 55120
454-7152
16. Triangle Services
1881 Lexington Ave.
Mendota Hts., MN 55118
454-1848
17. Valley Sanitation (comm)
15670 Cicerone Path
Rosemount, MN 55068
423-2992
18. Waste Management
12448 Pennsylvania Ave. S.
Savage, MN 55378
890-1100
19. Wildwood Sanitation (comm)
Box 176
Newport, MN 55055
459-7926
EXHIBIT
CORRECTIONS TO 1991 FEE SCHEDULE
The corrections are as follows:
1. The Comprehensive Storm Water Management Plan is listed at
$50. Actually, there are two choices available and it
should be listed as:
Comprehensive Storm Water Mgmt Plan $50 (three-ring
binder)
$35 (spiral bound)
2. The rezoning application fee was incorrectly listed at $150
and should be $250 which is the 1990 rate to which no
change was proposed.
3. The $200 escrow report required with the issuance of a
temporary construction permit should be subject to the same
$30 administrative fee as is the $200 deposit required to
turn on water before satisfactory completion of all work.
These two fees need to be consistent.
00167
Page 81EAGAN CITY COUNCIL MINUTES
May 17, 1990
Councilmember Gustafson said that the Task Force would assist the City Council and that a
communication link would have to be in place allowing discussion and review to get back to the committee.
He added that while he would like to see the member numbers and percentages as outlined in the guideline,
changes to the make-up of the committee would be acceptable. Councilmember McCrea said it was important
that the committee receive clear direction from the City Council. She said the committee's enthusiasm will
have to be tempered with the City Council's position on issues such as the use of tax dollars or referendums.
Mayor Egan said it was important to establish a time frame for the Task Force. He suggested that
a date be set in October to receive their recommendation. He also suggested that applications to serve on
the Task Force remain open until at least the first meeting in June.
At the suggestion of the City Council, the title to the framework memo was changed to 'Citizens Task
Force to Study Ice Arena Alternatives.' Councilmember McCrea also recommended that instead of having
two members of the Parks and Recreation Commission on the committee that it be changed to one Advisory
Parks and Recreation Commission member and one Advisory Planning Commission member.
In summary, City Administrator Hedges said a report would be prepared listing the background of
the ice arena issue and that the newspapers would be given the committee framework and make-up.
Councilmember Gustafson asked that the Task Force stay with the original schedule of holding a meeting on
Monday, June 4, from 7 - 9 p.m. The City Administrator then recommended that any newspaper article
dealing with the Task Force include the suggestion that anyone interested in the issue or interested in serving
on a task force, should attend that meeting. Councilmember Pawlenty said that if no more interest is received
in the Task Force, the numbers may have to be scaled back.
Pawlenty moved, Gustafson seconded, a motion to adopt with modification the framework for a
citizens task force to study alternatives for an ice arena facility with the first meeting of this task force to be
held June 4, 1990 at 7:00 p.m. Aye: 5 Nay: 0
ORDINANCE AMENDMENT
WATER QUALITY MANAGEMENT PLAN
The City Administrator introduced the item by saying that on April 24, 1990, an Advisory Planning
Commission public hearing was held pertaining to the proposed amendment to City Code, Chapter 13.20,
regarding water quality management dedication of land and/or ponds. He further stated that no public
testimony had been received at the Planning Commission meeting and that the approval by the Commission
had been unanimous.
The Mayor then asked for public testimony and Mr. Bob Worthington of Opus Corporation questioned
adherence to the plan as a prerequisite for waiver of plat approval. The Director of Public Works said that
it would be a policy question for the City Council. Mr. Colbert also stated that a waiver of plat is a subdivision
of property and many times has occurred with development. The Mayor then asked about waivers of plat
that occur after platting. He questioned whether it was fair to apply the policy if the plan wasn't in effect at
the time of platting. The Director of Public Works said application of the policy could be left to the discretion
of the City Council. Councilmember Pawlenty said that would allow the Council the flexibility to do a variance.
Councilmember Wachter said that these variances could then come before the City Council and each could
be decided on a case by case basis.
Wachter moved, Pawlenty seconded a motion to adopt an ordinance amendment amending Eagan
City Code Chapter 13 entitled 'Subdivision Regulations (Platting)' by amending section 13.20 regarding public
uses and water quality management dedication and adopted by reference Eagan City Code Chapter 1 and
Section 13.99. Aye: 5 Nay: 0
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Page 9/EAGAN CITY COUNCIL MINUTES
May 17, 1990
ORDINANCE AMENDMENT
STORM WATER DRAINAGE UTILITY
The City Administrator introduced this item by saying if the storm water quality management plan is
to be implemented, it will need a revenue source to meet the obligations of the plan. He said that it is hoped
that these revenues will be supplemented with grants and other programs. Mr. Hedges said at the April 3,
1990 regular City Council meeting the Council had raised concerns on the implementation of the utility rate
and what these dollars would go for. In response to these concerns, staff had developed a budget which
includes annual ongoing expenses, ultimate costs, and short term and future capital expenditures. The City
Administrator said the research was done at a staff level and every effort was made to present the Council
with all the budget information they would need.
Councilmember McCrea said she appreciated this information, however, she still had concerns
especially for small businesses located within the City. She mentioned the golf courses in Eagan and
questioned how much business would have to be generated in order to just pay the fee. She said that she
did not question the fee on single family homes, however, was concerned from an economic development
standpoint about the commercial and industrial rates and what they would do to keeping businesses in the
City and also attracting new businesses.
The Director of Public Works said that the utility fee that will be charged in the City of Eagan is less
than the average. He said that it is in line or less than those fees being charged by communities that already
have a plan in place. Councilmember Gustafson said he was pleased about the fees being lower; however,
he too was concerned about small businesses. He said that he would vote for the funding for the plan but
he recommended that the Council continue to be sensitive to the cost to commercial developments. He said
he recognized that costs for city services are going up; however, the City will have to watch the burden on
the commercial taxpayer.
City Councilmember Pawlenty asked about the figures included in the budget and whether or not
they are annual costs or one-time costs. The Director of Public Works said if no time frame was shown next
to the amount, it was a one-time cost. He added that it was not to say that down the road additional studies
and, hence, additional costs may not be incurred. Councilmember McCrea asked if the City might not be
better off to use consultants in the annual operation of the program. Director of Public Works Colbert said
that it could be done cheaper in house, however, not all costs included in the Annual Operation Program
Services amount are personal services.
The Mayor then asked for public comment. Blaine Duxbury of Stafford Place said that he had seen
the direct result of drainage and water problems. He said if this program could help these problems, he was
all for it.
Bob Worthington of Opus Corporation said he appreciated the comments made by Councilmembers
Gustafson and McCrea reflecting their concerns for commercial development. He said he realized that when
the legislature withholds money from the cities that the cities have to find other ways to make up the amounts
withheld. He said Opus Corporation is concerned that these will find their way into new fees. Mr.
Worthington said that Opus Corporation likes the idea of the water management plan; however, he cautioned
the Council to remain flexible in the negotiation of final costs.
Councilmember Pawlenty then asked Mr. Worthington if, as he understood it, there was flexibility in
the plan. Mr. Worthington said that the ordinance did not preclude flexibility, however, their experience had
been that discretion is not used at the staff level. He said that they did not like to appear before the City
Council but would appreciate the opportunity to negotiate an amount satisfactory to the community as well
as the developer. Mayor Egan said the merits of the plan are critical to the City. He added that the City has
0+(1169
Page 10/EAGAN CITY COUNCIL MINUTES
May 17, 1990
always dealt straight forwardly with Opus Corporation and trusted that could continue. Mr. Worthington said
that Opus is appreciative but wants Eagan to remain competitive and cost sensitive.
Councilmember McCrea asked how the City Council would apply flexibility in the fee without being
arbitrary. She asked that the Council spend some time now to determine the criteria Councilmember
Pawlenty said that it is not unlike the previous item and could be handled on a case by case basis.
Mayor Egan said that the desire of the Council was to achieve balance and a fair rate of participation.
He said the Council could only rely on staff that they had achieved balance. Councilmember Pawlenty
pointed out that these figures could be adjusted each year with the preparation of the budget.
Councilmember McCrea said that she would vote in favor of the utility rate only if Council could add
additional language later for an equitable way to deal with variances. The Mayor said that a procedure was
in place for variances and each would have to stand on its own merits.
Wachter moved, Gustafson seconded, a motion to adopt an ordinance amendment to City Code,
Chapter 3, entitled 'Municipal and Public Utilities - Rules and Regulations, Rates, Charges and Collection.'
By restating and amending Section 3.07 regarding establishment of a storm water drainage utility and user
and connection and availability charges for the storm water drainage utility and adopt by reference Chapter
1 and Section 3.99. Aye: 5 Nay: 0
Wachter moved, Gustafson seconded, a motion to approve a resolution establishing a storm water
user fee as provided by ordinance and authorize the Mayor and City Clerk to execute said resolution. Aye:
4 Nay: 1. (McCrea) ' R-90.35
SOLID WASTE ABATEMENT COMMISSION ALTERNATE APPOINTMENT
Wachter moved, Gustafson seconded, a motion to unanimously appoint Dennis Seiz to the alternate
position on the Solid Waste Abatement Commission. Aye: 5 Nay: 0
APPLICATIONS/RONALD A. MORRIS
MASSAGE THERAPY LICENSE
After determining that a letter would be sent to the applicant asking that he not advertise in hotels,
McCrea moved, Gustafson seconded, a motion to approve a massage therapist license for Ronald A. Morris
for his practice at the Hilltop Family Chiropractic Clinic. Aye: 5 Nay: 0
ORDINANCE/ESCROW ACCOUNT COLLECTION
The City Administrator reviewed the status of escrow accounts in the City. He said that Eagan had
long been known as one of the fastest growing cities in the State and had processed approximately 390
platting and zoning applications since 1985. He said that because the City did not have the staff or the
mechanism in place to handle escrow accounts, the number of negative account balances have risen
accordingly. Mr. Hedges said that staff is requesting the City Council consider an ordinance that would
provide additional assistance in the collection of these accounts.
The Mayor asked if there was any potential liability in a more aggressive approach in the collection
of these escrow accounts. Mike Dougherty of the City Attorney's office said that each would be handled
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Page 11/EAGAN CITY COUNCIL MINUTES
May 17, 1990
on a case by case basis as each had a different development agreement, letter of credit and escrow
agreement. He suggested that the bills be sent out giving fair notice of any subsequent steps in the process.
City Councilmember Pawlenty expressed surprise at the large number of negative escrow balances
and said that the City would have to become more aggressive in their collection. He said it was important
for the City Council to know if an applicant has a negative escrow balance and that amount should be
included in the packet. Councilmember McCrea noted that almost every developer was included on the list
and questioned whether escrows were being underestimated. The Director of Finance said these amounts
had been set low with each applicant saying they would gladly pay any outstanding balances.
Councilmember McCrea then asked if the developers had escrowed certain amounts only to find later that
the City had imposed stricter standards. The Director of Finance said that was possible as the developer
could have signed an escrow agreement and then found costs had risen. He added that there are probably
some costs that will not be paid, however, he requests that the developers address and resolve these issues.
Rollie Crawford, representing a developer, said that he was not sure all attorneys were aware of the
ordinance. He said that he had yet to see the ordinance or see a list of escrow account balances. He said
he understood the desire to protect the City from financial exposure and collect these negative balances
but questioned why it took so long. He said most clients want to pay, however, they have received large
statements with even larger amounts. He also said that a portion may have just appeared recently and have
never been billed before. In many instances he said the escrow was not enough and now was three times
greater. He said that many developers have questions but wonder what they do now. Mr. Crawford said that
if they challenge the amounts, perhaps fairness and equity would be less present in the next negotiation.
He then suggested that 1) the City Council get additional input before adopting the ordinance and 2) create
a mechanism whereby disputes, questions and concerns over the amounts could be determined by someone
other than the person who is doing the levying. Mr. Crawford then questioned whether going to court was
a choice for the developers as they did not wish to go to court with cities they are trying to do business with.
He requested that the City Council defer adoption but when it is reconsidered, he asked that it include an
apparatus for the review or appeal of amounts. He suggested that a review board could include one or two
members of the City Council, the City Attorney, and a consulting fees expert. Councilmember McCrea asked
the developer if they would agree to pay the legal costs of having the City Attorney present on an appeal
board. Mr. Crawford said that they would.
The Director of Finance said that it was necessary to put teeth in the ordinance in order to get the
developers to respond. He said that these expenses have been incurred and someone has to pay for them.
He said that if it was not the developer then the taxpayers would pay the costs.
Pawlenty moved, McCrea seconded, a motion to approve the concept of an ordinance amendment
to facilitate escrow account collection and that the ordinance be referred to the Advisory Planning Commission
for public hearing and, further, that the following language be added to the Waiver section of the amendment:
if after appeal it is found that the charges against the escrow account are correct, all costs
associated with the appeal will be the responsibility of the applicant. If, however, the charges are found to
be incorrect, the costs will be the responsibility of the City.'
Aye: 5 Nay: 0
SPECIAL PERMIT/CELLULAR TELEPHONE SITE
UNISYS PARK
McCrea moved, Wachter seconded, a motion to continue indefinitely a special permit for Cellular One
to allow cellular antennas and associated equipment on Lot 1, Block 1, Unisys Park (City water tower).
Aye: 5 Nay: 0
00171
Page 12/EAGAN CITY COUNCIL MINUTES
May 17, 1990
VARIANCE/BRIAN BEBEL
SHORELINE SETBACK
The City Administrator said an application had been submitted by Brian Bebel requesting a 30 foot
variance to the required 50 foot rear yard setback from O'Leary Lake. He said Mr. Bebel is attempting to sell
the Duckwood Estates lot and feels the setback restrictions on the lot are making the sale of the property
extremely difficult. Therefore, he is asking for a variance to ease the building setbacks for any potential buyer.
The City Administrator said that the Director of Community Development and the City Planner did not feel that
there was a hardship for this variance.
The applicant, Brian Bebel, said he had purchased the property with the intention to build. He is now
building a home on Pilot Knob Road and is trying to sell this lot. He said he has two interested buyers but
one will only purchase the property if the variance is approved. He said the other buyer has talked to an
architect who is also of the opinion that he could not build on the lot with the present setbacks. Mr. Bebel
said he believes he will continue to run into this problem in his attempt to sell the property.
Mayor Egan said that if the staff couldn't find a hardship and without house plans for the lot, he
would find it difficult to approve this variance. He said that it is City policy that the applicant circulate a
petition and if he found no objection, the Council would likely approve the variance. The Mayor pointed out
that two negative letters have been received from neighbors in addition to a negative letter from the
Department of Natural Resources. Mr. Bebel said that he had talked to City staff and taken the steps
recommended by staff. He said he was also told that his would qualify as a hardship. He added that he was
not aware of any need to petition his neighbors.
Councilmember McCrea recommended that Mr. Bebel wart until he has an interested party and then
bring the house plans with the request for a variance to the City Council. She also recommended that he
share these plans with his neighbors. Councilmember McCrea said it would be hard to rule favorably on the
variance as it stands. The Councilmember then wondered if there was a way to postpone action on the
variance so that additional fees would not be incurred by the applicant.
The City Administrator said that the City Council could consider hearing an application under the
same variance if the applicant came back within a reasonable time with a footprint of the house being
proposed. Mr. Bebel then asked how much weight approval of his neighbors would have on the variance.
The Mayor said that it would be significant.
Councilmember Gustafson said that if there is a hardship because of the topography on the property
the Council would need to know. However, it would be more favorable for Mr. Bebel to come back to the
Council with a footprint of a house showing the exact variance required.
McCrea moved, Gustafson seconded, a motion to deny a 30 foot variance to the required 50 foot rear
yard setback for Brian Bebel for Lot 42, Block 1, Duckwood Estates, with the understanding that if the
applicant comes in with a footprint for a proposed house, that he will be responsible for only those direct
costs associated with the variance. Aye: 5 Nay: 0
VARIANCE/FEDDE/SETBACK
The City Administrator said an application had been submitted by Mike and Betty Fedde requesting
a 17 foot variance to the 30 foot setback required along a public street for Lot 4, Block 3, Brittany Addition.
The applicant, Mike Fedde, said that poor subsoil beneath the present garage has caused problems
with the garage floor, the driveway, and the foundation. Because of these problems, the applicant said they
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Page 13/EAGAN CITY COUNCIL MINUTES
May 17, 1990
were moving the location of the garage and driveway to the west side of the house. The applicants said they
had contacted all neighbors and no objections had been received.
McCrea moved, Gustafson seconded, a motion to approve a 17 foot variance to the 30 foot setback
required along a public street for Mike and Betty Fedde for 1662 Norwood Drive, Lot 4, Block 3, Brittany
Addition. Aye: 5 Nay: 0
COMPREHENSNE GUIDE PLAN AMENDMENT/REZONING
PRELIMINARY PLAT/SHERWOOD DOWNS ADDITION
The City Administrator said that the Advisory Planning Commission had considered this item at the
April 24, 1990 Planning Commission meeting and had recommended approval. He also stated that the
Planning Commission added a number of revisions to the conditions to preliminary plat.
The Director of Public Works said the applicant was requesting a comprehensive guide plan
amendment of approximately 29 acres and a planned development amendment of approximately 20 acres
from R-3 to R-1, within the Blackhawk Park planned development. He said the applicant was also requesting
a rezoning of approximately 9 acres from agricultural to R-1 and a preliminary plat for Sherwood Downs
Addition consisting of 62 lots on 29.42 acres. He said the development contained three cul-de-sacs with three
accesses off Deerwood Drive. He added that the developer had laid out the project to minimize the loss of
wooded area. The project will tie into Rocky Lane on the north.
The City Attorney then listed three additional conditions of approval:
16. 40' setbacks along Deerwood Drive will be permitted.
17. An amendment to the Blackhawk Park Planned Development Agreement shall be provided prior
to the release of the final plat.
18. Except for Lot 5, Block 3, minimum lot width shall be 85' wide at the 25' setback.
The applicant, Wayne Tower of Pioneer Engineering, said that this was a difficult property to develop
because of the existing streets to the north and the rough topography. Mr. Tower also said that their desire
to save as many trees as possible, a Williams Brothers pipeline and sanitary sewer jutting through the property
have also been hindrances to development.
Rollie Crawford, representing Home Development, then addressed the Council. Mr. Crawford said
that because of the 10% grade proposed for Rocky Lane the street drops so low that it will require substantial
cuts in three contiguous lots. He said there would be an additional loss of vegetation because of excavation.
Mr. Crawford said the value of these lots could be reduced by as much as $15,000 each. He said the effect
of road grading as it is would do substantial damage to lots owned by Home Development and that they
object strenuously to this development. Mayor Egan asked the Director of Public Works if a 10% grade would
be allowed. The Director of Public Works said that 10% grade is allowed if another access to the project is
less than 8% grade.
Brian Olson of Argus Development then pointed out that the three 'lots' referred to by Mr. Crawford
were not lots but an outlot. He also added that it is the only place the road can go. Mr. Olson said all
grades fit the contours of Mr. Home's property. He said that in many respects the trunk sanitary sewer also
determines the grade of this road. Mr. Tower echoed those thoughts and said that meeting the existing street
determined the grade of Rocky Lane. After additional discussion, Councilmember Wachter suggested that
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Page 14/EAGAN CITY COUNCIL MINUTES
May 17, 1990
Rocky Lane end in a cul-de-sac from the north. If this were done, it would require some changes to the
Sherwood Downs Addition layout. The City Council recommended that the developers reach a workable plan.
Egan moved, McCrea seconded, a motion to continue a comprehensive guide plan amendment, a
planned development amendment, a rezoning and a preliminary plat for Sherwood Downs Addition in the
Blackhawk Park Planned Development, Argus Development, Inc., to the June 5, 1990 City Council meeting.
Aye: 5 Nay: 0
SOUTHERN LAKES ADDiTiON/COMPREHENSIVE GUIDE PLAN AMENDMENT
FEZONINGIPREUMINARY PLAT
The City Administrator said the applicant was requesting a comprehensive guide plan amendment,
a rezoning of approximately 13 acres to an R-1 district and a preliminary plat consisting of 11 lots located east
of Highway 3, north of Cliff Road, abutting Inver Grove Heights to the east. Mr. John Vogelbacher of Southern
Lakes Partnership, gave a brief summary of the development. Because this project is on the Inver Grove
Heights/Eagan border, discussion followed as to the service responsibility of each city. The Director of Public
Works said the original service boundary went further into Inver Grove Heights and has been planned for.
He also stated that the City could handle the entire development without incurring any additional costs.
McCrea moved, Pawlenty seconded, a motion to approve a comprehensive guide plan amendment
for the Southern Lakes Addition for the Southern Lakes Partnership. Aye: 5 Nay: 0
R-90.36
McCrea moved, Gustafson seconded, a motion to approve a rezoning for the Southern Lakes
Addition/ Southern Lakes Partnership. Aye: 5 Nay: 0
McCrea moved, Pawlenty seconded, a motion to approve a preliminary plat entitled Southern Lakes
Addition as applied for by Southern Lakes Partnership subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15, 1987,
shall be complied with: Al, B1, B2, B3, B4, C1, C2, CS, D1, El, F1, and G1.
2. The joint powers agreement shall be completed and approved by the City Council prior to final
plat approval.
3. Extension/construction of City trunk watermain, sanitary sewer, and storm sewer must be approved
by City Council prior to final plat approval.
4. The development is required to treat the site generated storm water runoff in accordance with
recommendations identified in the City's Water Quality Management Plan prior to discharge into Pond LP-
30.
Aye: 5 Nay: 0
ilf??'?''11tAEaO.fO..
FOURTH OF JULY CELEBRATION
Gustafson moved, Wachter seconded, a motion to approve an allocation of $1,500 to the Eagan
Fourth of July Celebration to be used for the annual fireworks display. Aye: 5 Nay: 0
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Page 15/EAGAN CITY COUNCIL MINUTES
May 17, 1990
CHANGE ORDER/CONTRACT #89-23
Council wished it noted that while they did not intend to change policy before considering this change
order, all change orders submitted in the future would be subject to careful scrutiny.
Gustafson moved, Egan seconded, a motion to approve change order #1 to Contract 89-23 in the
amount of $3,389.40 for soil correction and manhole adjustments. Aye: 4 Nay: 0 Abstain: Wachter
The City Administrator said a proposal would be delivered to West Publishing tomorrow outlining our
City's commitment to excellence in the delivery of public services, fairness in the assessment of property taxes,
and reasons why the City of Eagan is a good choice for their corporate headquarters. The City Administrator
also pointed out that the proposal did not include any economic factors.
McCrea moved, Pawlenty seconded, a motion supporting a written proposal to West Publishing
Corporation for the purposes of accommodating their plans to relocate their corporate headquarters to the
West Publishing Company campus which the City Council hopes will remain and expand within the City of
Eagan. Aye: 5 Nay: 0
MEETING SCHEDULE
After a brief discussion, it was decided that any councilmember who wished to tour the Park Shore
project in St. Louis Park built by the Koldt Properties should make arrangements to do so. The City
Administrator said that he would distribute a tentative meeting schedule for the months of June, July and
August for Council review.
RESTRICT ON-STREET PARKING/BECKER ROAD TO TH 149
The Director of Public Works cited excess parking on Becker Road next to the UPS facility. He said
when UPS was developed there was no need to have on-street parking as there was sufficient parking on
site. The Director of Public Works said that in previous situations the City has restricted on-street parking
when concerns were received from surrounding property owners. Councilmember Wachter recommended that
the City contact UPS and tell them that if they could not control the parking on Becker Road it would be
restricted.
Wachter moved, McCrea seconded, a motion directing staff to contact UPS regarding on-street
parking on Becker Road and if this does not bring about an improvement, that on-street parking on both sides
of Becker Road from TH 149 to Inver Grove Heights be restricted. Aye: 5 Nay: 0
PE ITION FOR TEMPORARY STOP SIGNS
LEXINGTON PLACE SOUTH ADDITION
Wachter moved, McCrea seconded, a motion to approve the installation of a temporary stop sign at
the intersection of Falcon Way and Cardinal Way. Aye: 5 Nay: 0
Page 16/EAGAN CITY COUNCIL MINUTES 00175
May 17, 1990
RESOLUTION MODIFYING PERMITTED USE/PARCEL 10-02700-012-51
Wachter moved, Pawlenty seconded, a motion to approve a resolution modifying the permitted use
to include street and public right-of-way for parcel 10-02700-012-51 and authorize the Mayor and City Clerk
to execute said resolution. Aye: 5 Nay: 0
R-90.37
SETREMENT AGREEMENT/EASEMENT ACQUISITION (PAT MCCARTHY)
Wachter moved, Pawlenty seconded, a motion to approve the payment of $22,343 for storm sewer
utility acquisition across parcel 10-01500-012-76 under Project 531 (Lexington Avenue).
Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated April 30, 1990, in the
amount of $748,516.81, and the checklist dated May 15, 1990, in the amount of $566,753.85.
Aye: 5 Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive session to consider attorney/client
privileged information at 12:30 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson,
McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Dougherty. The executive
session adjourned at 12:45 a.m.
KF
00176
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 4, 1990
A special meeting of the Eagan City Council was held on Monday, June 4, 1990 at
5:30 p.m. at the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers
Gustafson, McCrea, Pawlenty and Wachter. Also present were Director of Community Development
Runkle and City Administrator Hedges.
FIREFIGHTERS PENSION RELIEF PROPOSAL
City Administrator Hedges presented a proposal prepared by the Volunteer Firefighters
Relief Pension Committee that requests an increase in retirement benefits to be effective January 1,
1991. The City Administrator reviewed the history of the pension fund, including past benefit increases
and the proposed increase that would replace the existing three (3) year pension agreement. City
Councilmembers asked a number of questions relating to the status of the unfunded liability, the cost
to the pension program if vesting is reduced to five (5) years from ten (10) years and what other
communities are paying their firefighters for monthly benefits and lump sum payments. City
Councilmembers also directed the City Administrator to ask the Pension Committee to consider an
agreement that the proposed pension benefits be considered for a five (5) year period of time beginning
January 1, 1991. There was also a discussion by the City Council regarding the anticipated 2 percent
insurance aid with the federal census change and how that revenue source would impact the annual
contribution from the General Fund.
After further discussion on the matter, the City Administrator was directed to conduct
a survey of firefighters pension benefits with comparably sized cities and discuss the feasibility of a five
(5) year agreement for any increase in benefits effective January 1, 1991. There was no formal action
taken on this item.
R-4 LAND STUDY
City Administrator Hedges stated that property owners for three (3) parcels included in
the R-4 Land Study have requested time to review their plans for development with the City Council.
He stated that the three (3) parcels are Area C, located in the southwest quadrant of Pilot Knob and
Lone Oak Roads; Area M, which is part of the Eagan Hills West Planned Development; and Area V,
which is the Crystal Pond site south of Highway 55 and west of Highway 149. Director of Community
Development Runkle introduced Area C, which is planned for review by the Planning Commission at
their June meeting. He stated that the applicants have proposed a site plan consisting of two (2)
buildings on the north of the R-4 density and another set of buildings to the south. He further stated
that it was originally thought that the applicants would work a compromise with the City; however, they
are requesting to pursue the existing zoning and are not planning to be present at the workshop
session.
Director of Community Development Runkle introduced Area M, the Eagan Hills West
Planned Development. He stated that the City Attorney has reviewed the development to see if the
PUD is a binding agreement and those results have indicated that the agreement is in effect and
suggested that the City Council not consider Area M in the R-4 Study as a potential rezoning to a lower
density. Patrick Hoffman, representing Hoffman Development Company and Eagan Hills West Planned
Development, was present to discuss the background of the Eagan Hills West P.D. Mr. Hoffman has
indicated that they have always developed below the maximum density and plans to continue this
trend in completing this P.D. The City Council acknowledged this lower density and moved to remove
Item M from the R-4 Study at this time.
00177
Director of Community Development Runkle introduced Area V, stating that the
developers are present to review the Crystal Ponds Development, consisting of approximately 13.5
acres. The Community Development Director explained the history of this site, indicating that a
preliminary plat had been approved in 1989 for 130 units. The applicants have revised the plan,
making the new plan more site sensitive.
Mr. Sanders and Mr. Zamanski presented their argument of having a substantial investment and
purchase agreement on the property for R-4 zoning, and that reducing the zoning to R-3 would
substantially devalue the property and breach the purchase agreement in which the owner is selling
the property.
In review of the site plan, there were general comments regarding better site sensitivity and the dwelling
units meeting the R-4 building standards. A detailed discussion on the site specifics will be discussed
in the planning process. Staff was directed to proceed with the preliminary plat application with the
downzoning from R-4 to R-3 to be processed concurrently. This concluded the R-4 Study presentation
at the June 4, 1990 special City Council meeting.
OTHER BUSINESS
There being no further business, the meeting was adjourned at 7:00 p.m.
June 4, 1990
Dated
TLH
47 ?Xk.
City Clerk
MINUTES OF A REGULAR MEETING OF THE???,
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 5, 1990
A regular meeting of the Eagan City Council was held on Tuesday, June 5, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
ii t
ADEN
......................
......................
City Administrator Hedges recommended the following changes to the agenda:
Item A, Public Hearing, Project 589, Elrene & Kost Road, Streets & Utilities, recommended to
be delayed to the July 17, 1990 regular City Council meeting.
Item I, New Business, Landscape Ordinance Amendment, recommended to be continued to the
June 19, 1990 regular City Council meeting.
Wachter moved, McCrea seconded, a motion to approve the agenda for the June 5, 1990
regular City Council meeting with the above noted changes. Aye: 5 Nay: 0
MINUTES
........................
Wachter moved, McCrea seconded, a motion to approve the minutes for the May 17, 1990
regular City Council meeting. Aye: 5 Nay: 0
DEPARTMEN ' HEAD <BUSINESS
..................................................................................
...............................................................................
PUBUC WORKS DEPARTMENT/COACHMAN ROAD TURN LANE
The Director of Public Works said that with the County's willingness to accelerate the installation
of the signal at the intersection of Coachman Road and Yankee Doodle Road, it would be appropriate
for the City to consider the construction of a right-turn lane for the south leg of this intersection to
facilitate right turn on red movements. He said the cost of this upgrade would be approximately $9,000
to $10,000 and would be the responsibility of the Major Street Fund.
Councilmember Wachter said he understood that the cost would not come directly out of the
budget, however, wondered about funding for the Major Street Fund. The Director of Public Works said
that while he did not know exactly how much was in the Major Street Fund, he was confident there was
more than enough to cover the cost associated with this signalization. Mayor Egan then asked if the
County was coming in with a cost participation agreement. It was the Mayor's understanding that the
City Council had agreed to put off this signal until 1991. The Director of Public Works said that
originally the County had not agreed to prepay their portion of the cost of the signalization. However,
they have now reconsidered and have agreed to pay half the cost for a signal at this intersection.
Gustafson moved, Wachter seconded, a motion to authorize construction of a northbound right-
turn lane on Coachman Road at Yankee Doodle Road as a part of the County traffic signal
improvement. Aye: 5 Nay: 0
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June 5, 1990
A. Personnel Items
1. It was recommended that the resignation of Marlene Zaleznick/Planner I be accepted.
2. It was recommended that the hiring of Jeffrey Goodrich, Paul Kivi, Patrick Robertson and
Teresa Treichel as summer seasonal park maintenance workers be approved.
3. It was recommended that the hiring of the two new seasonal park maintenance employees,
Michael Polski and Joseph Wilcox, be ratified.
4. It was recommended that the hiring of Ben Anderson and John Carlson as seasonal street
maintenance workers be approved.
5. It was recommended that the hiring of Tracy Hosier as a summer seasonal recreation staff
member be approved.
6. It was recommended that the appointment of Dale Abram as a police officer for the City of
Eagan be approved.
7. It was recommended that Walter Landgrebe be approved to serve his required student
internship with the Parks and Recreation Department of the City of Eagan.
8. It was recommended that changes in point totals as indicated by revisions to Time Spent
Profiles for hourly positions be approved, and that a compensation level change from Clerical Worker
4 to Clerical Worker 5 for the Central Maintenance Secretary position as required by the collective
bargaining agreement for that group be approved retroactive to January 1, 1990.
9. It was recommended that a resolution adopting a medical and day care expense
reimbursement plan and administrative services agreement with DCA, Inc. (flex spending plan) to be
offered to all employees at the City of Eagan with the exception of members of the police bargaining
unit be approved.
B. Plumbers Licenses
It was recommended that plumbers' licenses for the following companies be approved:
J. L Bjorlin Plumbing Co. Matz Plumbing & Heating
Leo's Plumbing Peterson Plumbing & Heating
M & W Water & Sewer Utility, Inc. Village Plumbing, Inc.
C. Fina Company/Service Station Permits/Cigarette Licenses
This item was removed from the Consent Agenda and moved to the end of the agenda for
discussion.
D. Approve Cost Participation Agreement for County Traffic Signals (Coachman Rd @ Yankee
Doodle Road)
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June 5, 1990
It was recommended that the Cost Participation Agreement for County Traffic Signal Agreement
No. 90-06 (Coachman Road @ Yankee Doodle Road) be approved.
E. Approve Cost Participation Agreement for Computer Equipment from MnDOT State Aid
It was recommended that the Cost Participation Agreement for computer equipment from
MnDOT State Aid be approved.
F. Contract 85-21/Acknowledge Completion and Final Payment (Maintenance Facility Expansion)
It was recommended that completion be acknowledged and that a reduction by $5,000 to the
final contract amount for formal final close out of Contract 85-21 (Maintenance Facility Expansion) be
approved.
G. Receive Bids/Award Contract (Rahn Rd Reconstruction)
Mayor Egan expressed his concerns about how high the bids were over original cost estimates.
He asked the Director of Public Works whether or not the City should consider rejecting these bids and
rebidding. The Director of Public Works said that although the bids were above those included in the
feasibility report, they were comparable to the engineer's estimate. He added that most of the
additional costs will be to additions in the scope of the project. Mr. Colbert said that these additional
costs would not affect the assessments to the homeowners, however, would come out of the Major
Street Fund.
It was recommended that the bids for Contract 90-04 (Rahn Road Reconstruction) be received
and that the contract be awarded to Alexander Construction.
H. Acknowledge Completion/Authorize Final Payment (Well #13 & Lexington Ave Booster
Station-Pumping Facilities)
It was recommended that completion be acknowledged and that the 6th and final payment for
Contract 88-33 (Well #13 & Lexington Avenue Booster Station-Pumping Facilities) in the amount of
$8,060.85 be authorized and that improvements for perpetual City maintenance be accepted subject
to appropriate warranty provisions.
1. Acknowledge Completion/Authorize City Maintenance (Lexington Pointe-Streets & Utilities)
It was recommended that completion of Contract 87-W (Lexington Pointe-Streets & Utilities) be
acknowledged and that assumption of perpetual maintenance by the City be authorized subject to
appropriate warranty provisions.
J. Contract 85-FF/Acknowledge Completion/Authorize City Maintenance Safari Estates 3rd
It was recommended that completion of Contract 85-FF (Safari Estates 3rd Addition-Streets and
Utilities) be acknowledged and that assumption of perpetual maintenance by the City be authorized
subject to appropriate warranty provisions.
K. Project 525/Approve Settlement Agreement (Parcel 10-83700-030-04/Woodlands)
It was recommended that the settlement agreement for Parcel 10-83700-030-04 regarding the
special assessment appeal for Project 525 (Woodlands Trunk Storm Sewer) be approved.
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June 5, 1990
Farm)
L Project 491/Approve Special Assessment Agreement (Parcel 10-02400-010-78/Eagan Hills
It was recommended that the special assessment agreement for Parcel 10-02400-010-78
regarding Project 491 (Eagan Hills Farm Trunk Utilities) be approved and that the Mayor and City Clerk
be authorized to execute all related documents.
M. Project 466/Receive Final Assessment Roll/Order Public Hearing (Pilot Knob Road)
It was recommended that the final assessment roll for Project 466 (Pilot Knob Road-Streets and
Utilities) be received and that the final assessment public hearing be scheduled for July 10, 1990.
N. Contract 89-03/Approve Plans/Authorize Ad for Bids (Maintenance Facility Expansion)
It was recommended that the plans for Contract 89-03 (Maintenance Facility Expansion) be
approved and advertisement for a bid opening to be held at 2:00 p.m. on June 29, 1990 be authorized.
After additional brief discussion, McCrea moved, Pawlenty seconded, a motion to approve the
Consent Agenda with the exception of Item C, Fina Company, service station and cigarette license,
which was moved to the end of the agenda for further discussion. Aye: 5 Nay 0
GORBACHET.MSIT
The City Administrator acknowledged the work last weekend of Chief of Police Pat Geagan in
regard to the expected Mikhail Gorbachev visit. Because the motorcade through our City was called
off so late, there was not time to inform our officers that they need not report. Therefore, the City has
incurred expenses as a result of this call out. The City Administrator has written a letter to Governor
Perpich regarding the City's expenses. The City Council was in agreement with sending a letter to the
Governor regarding these expenses.
PUBLIC>HEARIN
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.................................................
PROJECT 589/ELRENE AND KOST ROAD
Pawlenty moved, McCrea seconded, a motion to continue the public hearing for Project 589
(Elrene Road and Kost Road-Streets and Utilities) to the July 17, 1990 regular City Council meeting.
Aye: 5 Nay: 0
OLD: BUSINESS
O........................................
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EIS/COMP GUIDE PLAN AMENDMENT/WEST PUBLISHING
The City Administrator said that West Publishing had applied for an amendment changing the
land use designation of 112.56 acres of land from D-I single-family residential, D-II mixed residential and
D-III mixed residential to industrial. He said the Advisory Planning Commission had approved this
amendment on December 21, 1989. At the January 4, 1990 City Council meeting, the amendment was
OC 182
Page5/EAGAN CITY COUNCIL MINUTES
June 5, 1990
approved conditioned upon 1) completion of Metropolitan Council review and comments and 2)
completion of the mandatory environmental review process and determination of adequacy pursuant
to Minnesota Rules Part 4410.2800 to 4410.6500. The City Administrator said that the Metropolitan
Council had reviewed and approved the request and the amendment to the Comprehensive Guide Plan
on May 10, 1990 which now allows City Council to proceed with the final EIS for the West Publishing-
Eagan Corporate Center.
The Mayor and City Council expressed their appreciation for the sensitivity that West Publishing
has shown in dealing with the City and the residents in all phases of their expansion and upgrading
in Eagan. The City Administrator also expressed the thanks of the staff for the excellent cooperation
they have received from West Publishing. Mr. John Nasseff of West Publishing took the opportunity
to express their appreciation to the City Council and City staff. Mr. Nasseff said of all their offices
across the country, none is treated as well as their office in Eagan.
Gustafson moved, Pawlenty seconded, a motion approving a resolution determining the
adequacy of a final environmental impact statement for the West Publishing-Eagan Corporate Center.
Aye: 5 Nay: 0
R-90.38
Wachter moved, McCrea seconded, a motion to approve a resolution amending the Eagan
Comprehensive Guide Plan. Aye: 5 Nay: 0 R-90.39
CITIZENS TASK FORCE/ICE ARENA
The City Administrator said that a meeting was held June 4 for the Ice Arena Committee. He
then presented a list of those who attended and this list is attached to the minutes as Exhibit A.
Mayor Egan said he was impressed by the make-up of the group that had attended the June
4 meeting. He said it was a diverse group and asked the Council if they wished to accept the persons
on the list as the appointments to the task force. Councilmember Gustafson recommended that the
City Council accept the list as presented. He also recommended that the Council only concern itself
with balance when and if replacements are needed.
Mayor Egan recommended that applications for the task force be kept open until the next
meeting of the task force on June 27. Councilmember McCrea said that strong consideration should
be given to all persons who send a letter, attend the meetings or generally make an effort to be on the
task force.
Gustafson moved, McCrea seconded, a motion to approve and establish a Citizens Task Force
to Study an Ice Arena Facility and that the attached list of names be approved as the members of the
task force with consideration given to additional members through June 27, 1990. Aye: 5 Nay: 0
LIQUOR LICENSE REGULATIONS/LICENSE FEE PROPOSAL
The City Administrator summarized the analysis of regulations governing liquor, wine and beer
licensing conducted to date by the City Council and staff. The code amendments resulting from that
process are on the agenda for Council consideration.
The City Administrator also requested that the Council set a hearing date to consider changes
in liquor, wine and beer license fees and wine/beer investigation fees.
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June 5, 1990
Councilmember Pawlenty asked whether the one license per 5,000 population is a result of
recent data. Police Chief Geagan said that when staff developed empirical data requested by the City
Council, this figure was given to them by the Liquor Control Board and it is felt it is as current as any
available.
Mr. Dave Perrier, owner of an off-sale liquor store in Eagan, stated that the idea of basing one
license per 5,000 population is past. He said the 1:5000 was appropriate when Eagan was a newer
community, but that the ratio was no longer applicable. Mr. Perrier was also concerned that two
licenses for off-sale liquor stores were approved in February but only one store was up and running.
He felt that before a license is approved, the operation should be ready to go. He was in favor of
issuing only one license a year.
Mayor Egan asked the City Attorney if there was a deadline on putting a license into use.
The City Attorney said the amended code provides for an August 31 deadline. If the applicant had not
put the license into use by that time, the license would be rescinded.
After further discussion, McCrea moved, Wachter seconded, a motion to approve the proposed
amendments to Chapter Five, Beer, Wine and Liquor Licensing Regulations with the following exception:
School will include nursery, elementary or secondary school structures, and day care center structures.
There was to be additional language to restrict issuance of new off-sale liquor licenses to one per
calendar year. Aye: 4 Nay: 1 (Gustafson)
McCrea moved, Pawlenty seconded, to forego designation of on-sale liquor license categories
to new licenses created by population increases and to any license returned to the City. The license
category will be considered at the time of application. Aye: 4 Nay: 1 (Gustafson)
Wachter moved, Gustafson seconded, a motion to set July 17, 1990 as a public hearing date
for proposed changes in liquor license fees. Aye: 5 Nay: 0
SHERWOOD DOWNS DEVELOPMENT PROPOSAL
The City Administrator said that at the May 17, 1990 City Council meeting, this item was
continued to allow the developer to meet with the adjoining property owner and reach an agreement
regarding the continuation of Rocky Lane. The Director of Community Development said that three
alternatives were considered. Alternate 1 would allow for the continuation of Rocky Lane as a through
street. Alternate 2 was proposed by Argus Development and would end in a cul-de-sac from the north
and result in the loss of one potential lot from Kingswood 4th Addition. Alternate 3 was proposed by
Jim Horne and also would end in a cul-de-sac from the north, however, would then result in the loss
of one lot to the Sherwood Downs development. It is the recommendation of staff that the City Council
keep the original plan with the through street and the applicant would have to work out a slope
easement with the adjoining property owner.
Mayor Egan said he agreed with staff as Alternate I was the only alternative that did not result
in a loss of potential lots in either subdivision. The Mayor also pointed out that the three lots that the
Jim Horne development refers to as being affected by Rocky Lane are in fact an outlot at this time.
He then recommended to the City Council that they go with the original proposal. The Director of
Community Development said that the two property owners would have to negotiate the layout of the
through street and that the final plat would be held until slope easements are obtained.
McCrea moved, Pawlenty seconded, a motion to approve a Comprehensive Guide Plan
Amendment changing the land use designation from D-2 (mixed residential-approximately 29 acres) to
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June 5, 1990
D-1 (single-family) and a planned development amendment of approximately 20 acres from R-3
(townhouse) to R-1 (single-family) within the Blackhawk Park Planned Development. Aye: 5 Nay 0
R-90.40
McCrea moved, Wachter seconded, a motion to approve a rezoning of approximately 9 acres
from A (agricultural) to R-1 (single-family). Aye: 5 Nay: 0
McCrea moved, Gustafson seconded, a preliminary plat for 62 single-family lots located in the
northwest quarter of the intersection of Pilot Knob Road and Deerwood Drive utilizing Alternate 1 (see
attached Exhibit B) and subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15,
1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1, El, F1 and G1.
2. Additional landscape screening along the southeast cul-de-sac to block headlights facing
Pilot Knob Road shall be provided.
3. The cul-de-sac lengths shall be approved as per the plan dated April 5, 1990. Five foot
building setbacks to 25 feet shall be permitted on: Lots I through 28, Block 1; Lots 1 through 7, Block
2; Lots 3, 4, 9 and 12 through 16, Block 3.
4. The well and septic system shall be abandoned to City specifications on the house in the
southeast corner of the development.
5. The development is required to submit detailed plans and specifications of the proposed
retaining wall construction for staff review prior to grading permit issuance.
6. The development will be responsible for any damage done to this City's existing trunk
sanitary sewer as a result of the development's activities.
7. The development is required to provide a I cfs outlet control for the pond in the backyard
area of Lots 8, 9 and 24, Block 1 adjacent to Pilot Knob Road.
8. The development is required to provide a 1 cfs outlet control for the pond proposed in the
south central portion of Block 2.
9. The development is required to provide a 3 cfs capacity storm sewer outlet to the landlocked
low area created in the backyard area of Lots 4, 5 and 6, Block 1.
10. A cfs capacity storm sewer is required for Street C at its intersection with Deerwood Drive.
11. The development is required to provide an 8 inch sanitary sewer stub to the west line of
the development along the north side of Deerwood Drive.
12. The development is required to loop the watermain between the cul-de-sacs in Streets A
and B.
13. A 60 foot wide easement is required for the existing 33 inch trunk sanitary sewer which
crosses the westerly portion of the development.
14. Temporary slope easements are required from adjacent properties where grading extends
beyond the development.
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June 5, 1990
15. The development is to comply with those standards set forth for new developments in the
Water Quality Management Plan.
16. 40' setbacks along Deerwood Drive will be permitted.
17. An amendment to the Blackhawk Park Planned Development Agreement shall be provided
prior to the release of the final plat.
18. Except for Lot 5, Block 3, minimum lot width shall be 85' wide at the 25' setback.
Aye: 5 Nay: 0
FINANCIAL REPORT
McCrea moved, Wachter seconded, a motion to adopt the 1989 Comprehensive Annual
Financial Report. Aye: 5 Nay: 0
CODIFICATION/1990 ORDINANCES
Wachter moved, Pawlenty seconded, a motion to approve the 1990 ordinance codification as
presented. Aye: 5 Nay: 0
Wachter moved, Pawlenty seconded, a motion to approve a temporary license fee for liquor,
amending Chapter 5 of the City Code. Aye: 5 Nay: 0
Wachter moved, Gustafson seconded, a motion to approve an ordinance bringing the reference
to traffic laws up to date as amended in Chapter 8 of the City Code. Aye: 5 Nay: 0
PETITION TO REMOVE STOP SIGN/JOHNNY CAKE RIDGE ROAD
EAST HICKORY HILL DRIVE
The Director of Public Works reviewed the history of this item by saying that the stop sign had
been requested by the homeowners in 1978. The concerns at that time regarded pedestrian safety in
the street. The Director of Public Works said that although the stop sign did not meet the warrants
necessary for installation, it was approved by the City Council for a trial period of three months. The
stop sign has been in place ever since. With the use and completion of Johnny Cake Ridge Road to
Diffley Road, Johnny Cake Ridge Road has now become one of the primary collector streets within the
community. The Director of Public Works pointed out that the petition was received from residents who
said it impedes the flow of traffic on a main thoroughfare.
Wachter moved, McCrea seconded, a motion to remove the stop sign on Johnny Cake Ridge
Road at East Hickory Hill. Aye: 5 Nay: 0
VARIANCE/PHILLIPS 66 COMPANY
The Director of Community Development said that during the process of laying out the site for
construction, a miscalculation of 7 feet occurred. As a result of the calculation, the underground tanks,
pump islands and buildings were placed 7 feet south of the position indicated on the plan. By the
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June 5, 1990
time the mistake was found, the tanks, pump islands and building footings were in place. The applicant
is requesting a modification of the original plan in order to maintain proper traffic flow into and out of
the site by reducing the size of the boulevard along Duckwood Drive by 7 feet. The applicant ceased
all construction on the site when the error was noted. The new plan would decrease the boulevard by
7 feet without decreasing the landscaping or berming. The applicant has submitted a revised
landscaping plan in which they have added additional plantings for screenings.
Councilmember Pawlenty mentioned that there was a lot north of this site of questionable value
and was concerned that this variance would create more room for the parcel to the north.
Councilmember Gustafson said it would be impossible to move the site now, because the hardship is
there. However, he questioned whether it was inadvertent or on purpose.
Gordon Christiansen of the surveying company addressed the Council and said that additional
right-of-way had been added to the site at the last moment. He said when the crew set the stakes,
they used the wrong line. He said the error was caught by the building inspectors and contractor and
that the error was not by design, but was inadvertent.
After determining that it would not be necessary to further restrict building on the parcel,
Gustafson moved, McCrea seconded, a motion to approve a 7 foot variance to the required 20 foot
parking setback along Duckwood Drive for Lot 1, Block 1, George W. Giles Addition as requested by
Minnesota Valley Surveyors for Phillips 66 Company. Aye: 4 Nay: 1 (Wachter)
CONDITIONAL USE PERMIT/NAEGELE OUTDOOR ADVERTISING
The City Administrator said this item dates back to a public hearing held by the Advisory
Planning Commission at their January 23, 1990 regular meeting. The Planning Commission is
recommending denial of the conditional use permit.
The Director of Community Development said that three similar requests have been denied on
this location since 1985. He said that if this sign was approved, no other pylon signs would be allowed
on Lots 1, 12, 13 and 15 and the unplatted 6.4 acre outlot to the east due to the 300 feet spacing code
requirement for pylon signs and 1,000 feet spacing requirement for advertising signs. He said that the
applicant did also remove the existing Vendmark sign.
Mike Cronin, representing the applicant, pointed out that the area where the sign is planned
is one that has been slow to develop. He said that allowing the billboard would be a benefit to the
landowner and help defray his taxes and would be a means of advertising in Eagan. Mr. Cronin said
that Eagan is a very mobile community and is hard to reach by other means of advertising. He said
the billboard would be located on vacant land and have a five-year lease. He said if the land would
develop or sell, the lease would be extinguished. He said the City may wish to reserve the right to
review the application in 41/2 years. If the City were to say at that time that they did not want the
billboard, the lease would not be renewed.
Mayor Egan said the situation was analogous to the liquor licenses or another example of
blending policy with policy and implementation. The Mayor said there were six potential sites for
billboards and questioned whether the City Council should respond to specific applications or
implement a policy regulating any further use of billboards. He then stated that the landowner had
agreed to remove any other signs on the property which had been a drawback to this location in the
past.
Councilmember Gustafson questioned a statement in the Advisory Planning Commission of
January 23, 1990 wherein Commissionmember Miller 'asked if there was any relevance to prior
approvals.' Also included in the minutes was a response by City Attorney Mike Dougherty who 'pointed
00187
PagelO/EAGAN CITY COUNCIL MINUTES
June 5, 1990
out that the situations were different.' Councilmember Gustafson asked City Attorney Jim Sheldon for
a clarification. City Attorney Sheldon said that each application had to be considered on its own merits.
He said that while there was merit to prior determinations, each application must be taken by itself.
He said that any prior decisions would be one factor to consider in making a determination.
Councilmember Gustafson also expressed a concern that no signs may be too conservative.
It was his opinion that it would not be detrimental to have well-placed signs to bring dollars into Eagan.
Councilmember McCrea said that she was not in favor of billboards in Eagan, however, if one had to
be put in, this would probably be a good site. She then expressed her concern about cigarette and
liquor advertising on the billboard. Mr. Cronin said he could voluntarily state that no tobacco or liquor
would be advertised on this sign.
After further discussion regarding the placement of this sign on developed, platted property and
the Council's concern that this action would open up additional property to sign applications, McCrea
moved, Gustafson seconded, a motion to approve a conditional use permit to allow a billboard
advertising as requested by Naegele Outdoor Advertising along the south side of 1-494 in the northwest
quarter of Section 3, and to include the preparation of an agreement between the City of Eagan and
Naegele Outdoor Advertising that would add several future geographical sign locations and other
outdoor advertising guidelines. The conditional use permit shall be subject to the following conditions:
1. The height and square footage shall be determined by the City Council.
2. The one-time sign fee of $2.50 per square foot shall be required.
Councilmember Pawlenty said that although he understood the rationale, he would vote against
the billboard. He said he did not believe a change in the billboard ordinance was necessary.
Aye: 3 Nay: 2 (Wachter and Pawlenty)
CONDITIONAL USE PERMIT/BROWN MINNEAPOUS TANK
After a brief background statement by the Director of Community Development, Mr. Bill Jenrich,
representing Brown Minneapolis Tank, came forward to answer any questions.
Councilmember Pawlenty said he understood that they received a two-year approval in 1984
and a renewal in 1988. He asked what kind of approval was obtained in 1986. Mr. Jenrich said that
the renewal was overlooked and that as soon as it was realized, they brought in an application.
Councilmember Pawlenty then asked why, after six years, the company had not decided on their
expansion needs. Mr. Jenrich said that they had purchased another business and had expected staff
members to increase. However, as it turned out, they have slightly fewer people today than they had
in 1984. Space requirements are approximately the same as they were in 1984. Mr. Jenrich said that
the company feels the trailers are attractive and it is hard to make a case for expanding if staff numbers
are actually less. Councilmember Gustafson said he did not find the trailers objectionable and said that
the term 'temporary' probably applies to the nature of the block foundation. Mayor Egan said that
instances such as this would tend to lead to the abuse of the permit process. He strongly suggested
that if the application were approved, that it would be the last two-year renewal of this permit.
Egan moved, Gustafson seconded, a motion to approve a conditional use permit to allow a
temporary office structure as requested by Brown Minneapolis Tank and Fabricating Company with the
following conditions:
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Pagel1/EAGAN CITY COUNCIL MINUTES
June 5, 1990
1. The office is temporary and the conditional use permit shall be renewed for two years.
2. It is strongly recommended that this be the final renewal of this conditional use permit.
Aye: 4 Nay: 0 (McCrea was not present for the vote)
WAIVER OF PLAT/JANE & SAM ROCKWOOD
After discussion and a presentation by Mr. Rockwood, Egan moved, Wachter seconded, a
motion to approve a waiver of plat for Jane and Sam Rockwood for Lot 2, Block 1, Rockwoods Addition
to divide that lot into two lots subject to the following conditions:
1. Recording with the County within 60 days of Council action.
$6,013.
2. All other applicable code requirements.
3. Charges for sanitary sewer trunk, water trunk, and storm sewer trunk in the amount of
Aye: 4 Nay: 1 (Gustafson)
THE WOODLANDS NORTH/COMPREHENSIVE GUIDE PLAN AMENDMENT
REZONING/PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT
R-90.41
After pointing out that any Council action would be subject to the recommendation of the
Advisory Parks and Recreation Commission from their June 7, 1990 meeting, the City Administrator
turned the discussion of the background over to the Director of Community Development. The Director
of Community Development said that a public hearing was held by the Advisory Planning Commission
at their last regular meeting on May 22, 1990. He said the APC is recommending approval.
Mr. Robert Engstrom and Mr. Ross Fefercorn then gave brief presentations as to the project
and the types of homes that are being proposed. The proposal will consist of three housing types:
1) single-family, 2) duplex units, and 3) an apartment area on the proposed Outlot A. The project will
reduce the total density to 4.8 units per acre on the overall site.
Councilmember Pawlenty asked if this was a part of the R-4 Study. Community Development
Director Runkle stated that it was originally included with the R-4 Study but was removed when it
became apparent that an application was forthcoming. He said staff had been assured that the density
of the parcel would be reduced with the application.
Mr. Engstrom then requested permission from the City Council to take up Condition 12 with
staff. He said they did not wish to install storm sewer if it was found to be unnecessary. Director of
Public Works Colbert then suggested that Condition 12 be changed to read 'storm sewer, if required,
to drain a landlocked low area in proposed Block 2.'
Wachter moved, Gustafson seconded, a motion to approve a Comprehensive Guide Plan
Amendment to change the land use designations of approximately ten acres from D-111 to D-1,
approximately eight acres from D-I to D-ll, approximately eight acres from D-III to D-Il and approximately
ten acres from D-I to D-III. Aye: 5 Nay: 0
R-90.42
Wachter moved, McCrea seconded, a motion to rezone approximately 59.5 acres from R-4
(multiple) and AG (agricultural) to Planned Development. Aye: 5 Nay: 0
Pagel2/EAGAN CITY COUNCIL MINUTES
June 5, 1990
OO18 3
Wachter moved, McCrea seconded, a motion to approve a planned development amendment
from R-4 to R-1 within the Gopher Eagan Planned Development. Aye: 5 Nay: 0
Wachter moved, McCrea seconded, a motion to approve a preliminary plat consisting of
approximately 59.5 acres with one modification to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15,
1987 shall be complied with: Al, 61, B2, B3, B4, Cl, C2, C4, C5, Dl, El, F1 and G1.
2. A Planned Development Agreement shall be entered into for a five year period.
3. Setbacks in the duplex area shall be allowed as per the development plan.
4. A copy of the Homeowners Association by-laws shall be submitted to the City Attorney for
their review and approval.
5. All trash and recycling materials shall be contained within the units until the day of pick-
up.
6. Outlot A shall have a cap of 200 housing units and conform to all R-4 requirements at the
time of development.
7. No driveway access shall be allowed onto Elrene Road.
8. All well and septic systems shall be abandoned through City and Department of Health
specifications.
9. The R-2 area shall have lawn irrigation.
10. The development is required to comply with the requirements of the City's Comprehensive
Water Quality Management Plan.
11. The development is required to modify proposed grading plan; to provide adequate cover
on the proposed sanitary sewer line in Cul-de-sac B.
12. Storm sewer is If required to drain a landlocked low area in proposed Block 2.
13. Additional right-of-way is required at the intersection of Trails End Road and Kost Road in
accordance with City design criteria.
Aye: 5 Nay: 0
LANDSCAPE ORDINANCE AMENDMENT
Gustafson moved, Wachter seconded, a motion to continue the landscape ordinance
amendment to the June 19, 1990 regular City Council meeting. Aye: 5 Nay: 0
DIRECTOR OF PUBLIC WORKS/UNAUTHORIZED ADJUSTMENT TO POND ELEVATIONS
The Director of Public Works said that routine inspection of the storm sewer facility has revealed
that some property owners are starting to construct artificial dikes and dams in front of the storm sewer
outlets for various ponds and wetlands, thus artificially increasing the normal water elevation for these
ponds. Mr. Colbert said that staff has some concerns regarding this activity as it tends to reduce the
4OI99
Page13/EAGAN CITY COUNCIL MINUTES
June 5, 1990
safety factor, for the ponds bounce from their flood elevation to the lowest house elevation as well as
submerging upstream storm sewer facilities. This results in sift and sediment deposits in these pipes
reducing their capacity and requiring additional maintenance. The Director of Public Works said he was
seeking direction from the Council regarding the handling of this situation.
After some discussion, the City Council directed staff to remove any barriers involved in the
storm sewer system and then work with the homeowners with suggestions on how to achieve the same
effects without affecting the City's storm sewer system.
EXTENSION/TOWN CENTRE 100 5TH FINAL PLAT
Wachter moved, Gustafson seconded, a motion to extend the timeframe to record the final plat
for Town Centre 100 5th Addition to June 30, 1990.
FINA COMPANY/SERVICE STATION PERMITS/CIGARETTE LICENSES
McCrea moved, Gustafson seconded, a motion to approve the service station permits and
cigarette licenses for Fina Oil and Chemical Company existing service stations at 4250 Lexington
Avenue South and 1286 Lone Oak Road. Aye: 5 Nay: 0
CHECKLIST
.......... .......
Wachter moved, Egan seconded, a motion to approve the checklist dated June 1, 1990 in the
amount of $2,274,720.79and the checklist dated June 5, 1990 in the amount of $746,932.80. Aye: 5
Nay: 0
H zo -l°t
`? w°IXECUTIYE. SESS1ON1ADIJOt NMENT.
..........
The City Council adjourned the regular meeting to an executive session to consider
attorney/client privileged information at 11:45 p.m. Those in attendance were Mayor Egan,
Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City
Attorney Sheldon. The executive session was adjourned at 12:20 a.m.
KF
CITY OF EAGAN
Overbeke, City Clerk
EXHIBIT A
CITIZENS TASK FORCE
ICE ARENA ALTERNATIVES
June 4, 1990
Name
Gary Fuchs
Richard Hansen
Jan Linton
Frank J. Potocnik
Address
1221 Flicker Circle
1233 Flicker Circle
3447 Highlander Drive
731 North Hay Lake Rd
Kristen A. Willson
Tom Kranz
Floyd A. Hiar
Alan Menning
John Scharffbillig
Bryan Karrick
Jerry Thompson
Brian Johnson
Tom Wilson
Doug Lee
John Glynn
1284 Deercliff Lane
1006 Danbury Court
3720 Knoll Ridge Rd
4174 Blueberry Circle
4505 Ridgeview Dr
4773 London Lane
883 Park Knoll Drive
9211 Oakland Ave/Bloomington
4185 Braddock Tr
1113 Parkview Lane
4027 Pennsylvania Ave
Sent Letter But Not at Meeting:
Thomas F. Karner
Mark Johnson
3526 Lexington Avenue
4149 Strawberry Lane
00191
Telephone
688-0224*
456-9539
452-4337*
457-4665
452-4464
452-4092*
332-5500
456-5492
687-9050*
297-3168
456-0387
454-3396*
379-7000
452-3501*
297-4588
454-2779
688-8838
884-1180
Eagan HS
683-6902
452-2140
688-2344
687-9575*
635-5249
454-9008
*Home Phone
L-M,?\ N AT 1')'E No. 1
OR1?INAL L qty OUT
KINGS
wow
ti = '`_' __ _ _ -.I_i_J Gv?1TgR4 R?D6?
MT.
•?: .. - - ?' .. 1 .1.?••..•i. '' ? •, .'? I. •r ' X10 ?\.. \??? - '; i??'. ?. 1
S E.Rv?ooD Dou1NS ?'
O(193
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 19, 1990
A regular meeting of the Eagan City Council was held on Tuesday, June 19, 1990, at the
Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea
and Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director
Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
Gustafson moved, Wachter seconded, a motion to adopt without modification the agenda for
the June 19, 1990, regular City Council meeting. Aye: 5 Nay: 0
U.94W.
..............ES
.........
Gustafson moved, Wachter seconded, a motion to approve the minutes for the June 5, 1990,
regular City Council meeting. Aye: 5 Nay: 0
Wachter moved, Gustafson seconded, a motion to approve the minutes for the May 24, 1990,
special City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Pawlenty seconded, a motion to approve the minutes for the May 24, 1990,
special City Council meeting subject to clarification of the third paragraph as follows: in review of the
site plan, there were general comments regarding better site sensitivity and the dwelling units meeting
the R-4 building standards. A detailed discussion on the site specifics will be discussed in the planning
process. Staff was directed to proceed with the preliminary plat application, with the downzoning from
R-4 to R-3 to be processed concurrently. This concluded the R-4 Study presentation at the June 4,
1990, special City Council meeting.' Aye: 5 Nay: 0
STAFF ITEMS
At this time, Mayor Egan asked Cable Administrator Mike Reardon for an update on cable
activities. Mr. Reardon briefly discussed such issues as the reduction in cable complaints, the success
of local access programming and then answered questions from the Council.
Police Chief Pat Geagan was recognized as Eagan's latest Cash for Trash winner. Because
Chief Geagan is a City of Eagan employee, the $300 award was donated to the charity of his choice,
the Community Action Council.
Mayor Egan introduced Dave Johnson, 3840 Ashbury Road, who is having problems with
erosion at his home in Blackhawk Glen. Director of Public Works Colbert said while he had not had
an opportunity to review the situation personally, City staff had looked at the area and it appears that
storm water is draining according to plan. Mr. Colbert said that this type of erosion is very common
during construction as it is too early to sod the properties. He said that developers are asked to install
means of erosion control; however, this is not always done.
Councilmember McCrea questioned whether the storm sewer system was adequate in that area
in light of the number of erosion and run-off complaints. She also asked if the system had been
publicly or privately installed. The Director of Public Works said it had been installed privately and the
Page 2/EAGAN CITY COUNCIL MINUTES
June 19, 1990
0G194
Engineering staff feels it is adequate. Mr. Colbert said that when individual properties as sodded and
landscaped, the original grading plan is not always retained thereby resulting in changes to run-off and
retention patterns.
Mr. Johnson said there is a large hill behind his lot and that storm water runs behind the lots
and down the block. He said the storm water 'rivers' during large rainfalls and 'ponds' in his lot. He
is concerned that it will begin running into his home. Mayor Egan asked that staff check to see if the
property is in compliance with the drainage control plan. City Administrator Hedges then indicated that
staff procedures for investigating erosion control complaints in areas already developed will be clarified
and Mr. Johnson's complaint will be handled accordingly.
Chief of Police Geagan reported that the dispatch center had received 50 calls on June 18 in
the period from 9:00 to 10:30 p.m. regarding odor from the Koch Refinery. He said there were also
reports of illness. Chief Geagan said that an unfortunate side effect of the calls was the tying up of
the regular Police telephone lines thereby prompting a number of non-emergency calls on 911. Chief
Geagan said they would not know what caused the odors until Friday, June 22.
Mayor Egan asked if the Councilmembers had any questions regarding any items on the
Consent Agenda.
Councilmember Wachter said he had questions regarding Items H, K, L, and M. The Mayor
then recommended that Item K, Galaxie Cliff Plaza 2nd Addition, be pulled from Consent and moved
to the end of the agenda and that the other items be allowed to remain on Consent if discussion was
brief.
Councilmember Wachter first addressed Item H (Contract 89-13, Cliff Road Water Treatment
Facility). He said the bid should not be awarded considering how much higher the bids were than the
feasibility estimate. Councilmember Gustafson asked if the $1,000,000 difference could be attributed
to additions to the contract.
Director of Public Works Colbert said that feasibility reports are not as complete as detailed
plans and specifications. He said that this is a unique and complex project and many items necessary
to its completion could not be anticipated, i.e., extended warranties on complex equipment, additional
soil testing, finding a second well on site, additional storm sewer because of downstream effects, and
new Public Health requirements.
Councilmember McCrea asked where money to pay for the facility would come from. Director
of Public Works Colbert said it would come from a combination of funds accumulated from a surcharge
added to all building permits and revenue bonds. The Councilmember said she would have additional
questions and asked that the item be pulled from Consent and moved to the end of the agenda for
further discussion.
Councilmember Wachter then asked the Director of Public Works about Item L, and a feasibility
report/public hearing for Country Home Heights. He asked if the storm sewer extension was part of
the master plan. The Director of Public Works said it was an incremental installation of the storm sewer
and that future laterals would tie into the extension.
Councilmember Wachter also had a question on Item M, Project 594/Water Duality Pond JP-
67. He asked how deep the pond would be and if it existed at this time. Director of Public Works
Page 3/EAGAN CITY COUNCIL MINUTES
June 19, 1990
Colbert said the optimum depth for a water quality pond is 3' to 5'. He said the pond 'unofficially'
exists but is not working effectively and will require better definition.
A. Personnel Items:
1. It was recommended that the hiring of Jason Forde and Scott Wohnoutka as seasonal park
maintenance workers, Leroy Berg as a seasonal weed inspector and Dave Shomion as a seasonal
streets maintenance worker be ratified.
2. It was recommended that the position of Water Resources Coordinator be approved and
advertisement to fill the position authorized.
3. It was recommended that the hiring of Brent Casselman, Sheila Haugh and Krista Murtfeldt
as seasonal summer recreation staff members be ratified.
4. It was recommended that the sergeants bargaining unit settlement for 1990 be ratified.
B. License Renewals, Service Station Permits
It was recommended that the service station permit renewals for sixteen (16) service stations
be approved. (Exhibit A)
C. License Renewals, Amusement Device
It was recommended that the amusement device renewals for 1990 be approved. (Exhibit B)
D. License Renewal, Massage Therapy Establishment
It was recommended that the massage therapy establishment license renewal for Today's
Concept of Eagan including the massage therapist license for Kathleen Maurer be approved.
E. License Renewals, Driving Range
It was recommended that the driving range license renewal for Tri-Land Companies/Tee Time
Driving Range be approved.
F. Lions Club, Temporary Beer License/4th of July Celebration
It was recommended that a temporary beer license for Robin Norton of the Eagan Lions Club
for the Eagan 4th of July Celebration, dates to be effective July 1 through July 4, 1990, be approved.
G. Shows License, 4th of July Carnival
It was recommended that a shows license for Robin Norton of the Eagan Lions Club for a
carnival for the Eagan 4th of July Celebration, dates effective July 1 through July 4, 1990, be approved.
H. Contract 89-13, Receive Bids/Award Contract (Cliff Road - Water Treatment Facility)
It was recommended that this item be removed from the Consent Agenda and placed at the
end of the regular agenda for further discussion.
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Page 4/EAGAN CITY COUNCIL MINUTES
June 19, 1990
1. Contract 90-07, Receive Bids/Award Contract (1990 Street & Trail Sealcoating)
It was recommended that the bids for Contract 90-07 (1990 Street & Trail Sealcoating) be
received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk
authorized to execute all related documents.
J. Project 597, Receive Feasibility Report/Order Public Hearing (Hills of Stonebridge 3rd
Addition - Trunk Storm Sewer)
It was recommended that the feasibility report for Project 597 (Hills of Stonebridge 3rd Addition -
Trunk Storm Sewer) be received and a public hearing scheduled to be held at 7:00 p.m., on July 17,
1990.
K. Project 598, Receive Petition/Authorize Feasibility Report (Galaxie Cliff Plaza 2nd Addition -
Streets & Utilities)
It was recommended that this item be removed from the Consent Agenda and placed at the
end of the regular agenda for further discussion.
L Receive Feasibility Report/Order Public Hearing (Country Home Heights - Storm Sewer)
It was recommended that the feasibility report for Project 595 (Country Home Heights - Storm
Sewer) be received and a public hearing to be held August 7, 1990, be scheduled.
M. Project 594, Receive Feasibility Report/Order Public Hearing (Water Quality Pond JP-67)
It was recommended that the feasibility report for Project 594 (Water Quality Pond JP-67) be
received and a public hearing to be held on July 17, 1990, be scheduled.
N. Project 596, Receive Feasibility Report/Order Public Hearing (Woodlands North Addition -
Streets & Utilities)
It was recommended that the feasibility report for Project 596 (Woodlands North Addition -
Streets & Utilities) be received and a public hearing to be held on July 17, 1990, be scheduled.
0. Contract 87-AA, Acknowledge Completion/Authorize City Maintenance (Boulder Ridge -
Streets & Utilities)
It recommended that the completion of Contract 87-AA (Boulder Ridge - Streets & Utilities) be
acknowledged and the assumption of perpetual maintenance by the City be authorized subject to
appropriate warranty provisions of the development agreement.
P. Contract 90-06, Approve Change Order #1 (Lexington Avenue Storm Sewer - McCarthy
Property)
It was recommended that Change Order #1 to Contract 90-06 (Lexington Avenue Storm Sewer -
McCarthy Property) be approved and the Mayor and City Clerk authorized to execute all related
documents.
0G197
Page 5/EAGAN CITY COUNCIL MINUTES
June 19, 1990
Q. Approve a Consulting Service Agreement With Dakota County Soil & Water Conservation
District
It was recommended that the Consulting Services Agreement with Dakota County SWCD be
approved effective until May 1, 1991, and the Mayor and City Clerk authorized to execute said
agreement.
R. Final Plat. Tranby First Addition
It was recommended that the final plat for Tranby First Addition be approved. R-90.43
S. Final Plat, Joseph Connolly Addition
It was recommended that the final plat for Joseph Connolly Addition be approved. R-90.44
T. Ratification of 1990 Budget Adjustment in Response to Legislative HACA Aid Reductions
it was recommended that the 1990 General Fund Budget adjustments be ratified as presented.
U. Acceptance of Space Needs Analysis Report
it was recommended that the Space Needs Analysis Report be accepted as presented by BRW.
Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda with the
exception of Items H & K which were moved to the end of the regular agenda for further discussion.
Aye: 5 Nay: 0
VACATE UTILITY EASEMENT
LOT 10, BLOCK 3. CLEARVIEW ADDITION
Gustafson moved, Pawlenty seconded, a motion to close the public hearing and approve the
vacation of drainage and utility easements as described over Lot 10, Block 3, Clearview Addition, and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
RECONSIDER RESOLUTION CLARIFYING STORM WATER UTILITY FEE
The City Administrator introduced the item by saying it was a clarification of a resolution
previously approved by the Council on the rate schedule for Storm Water Utility fees.
The Director of Public Works then added that there was some confusion regarding the fee
schedule for high density and/or zoned land uses. He said that the common denominator for all fees
is the Residential Equivalent Factor (REF) and the clarification in the fee schedule reflects that factor.
Pawlenty moved, Wachter seconded, a motion to reconsider and approve a resolution adopting
a Storm Water Utility Policy and related Fee Schedule. Aye: 4 Nay: 1 (McCrea) R-90.45
Councilmember McCrea asked that the record reflect that she voted against this item because
she would like to see an appeals process attached when the City is going to change the rate and that
the rate is applied equitably across the board.
OC193
Page 6/EAGAN CITY COUNCIL MINUTES
June 19, 1990
AIRPORT RELA11ONS COMMITTEE RESIGNATIONS/
After brief discussion regarding volunteer recognition and the Council's regrets upon the
resignation of two members of the Airport Relations Committee, Wachter moved, Pawlenty seconded,
a motion: 1) to accept the resignations of Cynthia Ellis and Sandra Marsyla from that committee, 2)
to appoint alternate members George Martin and Becky Newell to the regular member vacancies subject
to their acceptance, and 3) to appoint Gregory Langan and Timothy M. Ring as the new alternate
members also subject to their acceptance. Aye: 5 Nay: 0
VARIANCE/JOHN VAUGHN
Director of Community Development Runkle asked that the variance request for Mr. Vaughn be
continued to the next regular meeting. He said that in processing this variance, the setback
requirement was inadvertently calculated at 30' when the setback from Johnny Cake Ridge Road should
have been 50'. Mr. Runkle said staff will check other homes in the development and also past practice
as to setbacks in the area and this information will included in an updated report to the Council.
Councilmember McCrea said that she had been contacted by Mr. Vaughn on June 18. Mr.
Vaughn said he would be unable to attend the City Council meeting but asked that Councilmember
McCrea explain to the Council that he would like the variance in order to add an extra stall to his
current, two-car garage. He said he needed the extra space for storage and had contacted his
neighbors and they were not opposed to the addition. Mr. Vaughn had told Councilmember McCrea
that he would have to build a storage shed if the variance request was not approved.
McCrea moved, Pawlenty seconded, a motion to continue to the July 10, 1990, regular City
Council meeting a request for a variance to the required setback for purposes of adding an additional
garage stall to the existing two-car garage at 1670 Mallard Drive as requested by John Vaughn. Aye:
5 Nay: 0
REZONING/AREA C
MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator provided background pertaining to the
next three City Council items. He said that the City Council had undertaken an R-4 residential land
study to examine property in the City to determine if a lesser density would be more desirable for the
community. He said that the study had been going on for approximately 18 months and the
Department of Community Development had prepared a complete report on each property. The City
Administrator said that the City Attorney's office had reviewed the legalities of the rezoning or
comprehensive guide plan changes. He said that not all property in Eagan of high density was
recommended to be rezoned but certain properties had been sent to the Advisory Planning Commission
for public hearing.
Director of Community Development Runkle said 60-70 parcels of property were reviewed and
23 of those became part of the study area He said the number of parcels has been further reduced
to 16 which is the number that will be reviewed for alternate uses or downzoning. Mr. Runkle pointed
out that these changes will not necessarily result in lower intensity uses.
Community Development Director Runkle said that Area C was at the southeast comer of Pilot
Knob and Lone Oak Roads. It is a 16 acre parcel with 6 acres presently zoned R-4 PD and 10 acres
zoned R-3 PD. The Comprehensive Guide Plan presently designates the area as D-III or mixed
0G199
Page 7/EAGAN CITY COUNCIL MINUTES
June 19, 1990
residential of 6-12 dwelling units per acre. The Advisory Planning Commission is recommending that
the entire 16 acres be designated R-3 PD.
Rollie Crawford, an attorney representing Balfany Development, Inc., provided a history of the
parcel ending with the purchase by Mr. Balfany in 1979. Mr. Crawford said that the R-4 study had been
done without the benefit of a 1975 purchase agreement pertaining to the property. The purchase
agreement has now been located and Mr. Crawford said it provided that the City purchase 6 acres for
parkland, the landowner would dedicate an additional 4 acres and then the City would rezone the
remaining 10 acres as R-3 and R-4 PD. Mr. Crawford said that Mr. Balfany was aware of the agreement
and had purchased the property because of the zoning.
Mr. Crawford said there were legal and contractual elements to the issue which he believed
would be enforceable. He said that if it were determined by the City Council that the 'contract' was
not enforceable as relied upon by the landowner, then it would mean that the City had acquired
property without any compensation. He said it would be called a 'taking.' Mr. Crawford said that some
of the fees paid on the property were paid based on multiple zoning. He added that downzoning
would also constitute a 'taking' of this property. Mr. Crawford said that the City obtained parkland and
paid for it with zoning. Mr. Crawford then went on to discuss the concept of estoppel. He said
'estoppel' means that if one does something which someone else may rely upon, one cannot come
back and change it later on. He said that the City took parkland, developed the park and then
changed its mind about rezoning.
In closing, Mr. Crawford said that the facts of the situation are undisputed. He said that the
zoning had been in place for a long time and existing and potential homeowners on adjacent properties
were aware of the zoning. He said there has been no error and no change in significant circumstances
to warrant downzoning the property.
Mayor Egan questioned Mr. Crawford's reference to a purchase agreement as a 'contract.' The
Mayor said a purchase agreement shows the buyer and seller's intent but it is usually followed up by
additional documents. Mayor Egan said there was no official PD agreement but added that even if
there had been, there are time limits on PD agreements. The purchase agreement is 15 years old and
has received the equivalent of a 10 year extension.
John Gustin of 3061 Woodlark Lane then addressed the Council. Mr. Gustin said that much
has changed since the property was zoned. He said the area is filled with R-3 and R-4 property and
it is now the most densely populated section of the City. He said there has been no action in the
last nine years to develop this property. He said time has passed, circumstances have changed and
now an independent study has been objectively completed. He respectfully submitted that the entire
parcel be designated as R-3.
Councilmember Pawlenty said significant legal issues had been raised. He asked if the City
Attorney was in a position to give a legal opinion at the meeting or at some other point before action
was taken. City Attorney Sheldon said his office had preliminarily reviewed this item and had met on
one occasion with the property owner's representative. He said he could give his legal opinion at the
meeting or in writing, whichever the Council preferred. Councilmember McCrea said if the property
owner would pursue legal recourse to any rezoning, she would like to know the City's legal position.
Mayor Egan remarked that the property was only going from R-4 to R-3 and he believed that
their first application for development of the property called for that density. He also said he agreed
with Mr. Gustin as to the high density in that area. He suggested that City Attorney Sheldon submit
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June 19, 1990
a written analysis and in the meantime the property owner could review the density he is proposing
with City staff.
Gustafson moved, Pawlenty seconded, a motion to continue a rezoning of Area C of the R-4
Land Study to the July 10, 1990, regular City Council meeting, of approximately six acres from PD R-
4 to PD R-3, located at the southwest corner of Pilot Knob Road and Lone Oak Road to allow City staff
to prepare additional findings regarding the proposed change in land use designation.
Aye: 5 Nay: 0
REZONINGJAREA K
MULTIFAMILY RESIDENTIAL LAND STUDY
Mayor Egan provided a description of the rezoning of Area K The City Administrator said that
a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was
recommending approval of the rezoning and comprehensive guide plan amendment.
Director of Community Development Runkle said that Area K was located along Robin Lane
between Highway 13 and Blackhawk Road and consists of approximately 93 acres. The Area is made
up of 14 separate parcels now owned by 4 different property owners. He said that the existing
Comprehensive Guide designation of all but 3 of the parcels is D-III, or 6-12 units per acre. Mr. Runkle
said that the existing zoning is split, with 49 acres zoned agricultural and 44 acres zoned R-4. He said
the R-4 study recommends a comprehensive guide plan amendment for 3 parcels from D-IV to D-111 and
a rezoning proposal which would convert all properties in Area K to R-3. Community Development
Director Runkle said concerns have been raised regarding taxes. It should be pointed out, however,
that rezoning would not change the tax rate on the properties as taxes are based on present use.
Mr. Frank Berman said he represented Hillcrest Development, the owner of 21 acres. He said
his client objected to any attempt to rezone the property. Mr. Berman said that Hillcrest had received
a notice from Community Development Director Runkle listing the two primary reasons for rezoning the
property: 1) the large amount of undeveloped R-4 property and 2) the higher than average number
of multifamily residences. Mr. Berman said the City could not change the zoning on the property
without intrinsic reason. He said it could be done in some instances but not this one. Mr. Berman said
an arbitrary selection was made of certain pieces of property to downzone and others were ignored.
He said there was no reference to noise, traffic, etc., for the downzoning. After a complete and
thorough analysis, Mr. Berman believed it would be the conclusion of the City Council that there was
no change in the circumstances to suggest downzoning.
Mr. Berman than gave a history of the property. He said that Hillcrest had purchased the
property in 1969 and that it was zoned R-4 at that time. He said taxes have been paid and
assessments were paid in 1983 for street and utility improvements in the amount of $155,000. He said
the amount was approved by Hillcrest with the knowledge that there would be a heavy use, or R-4
zoning, associated with the property. Mr. Berman said that the law of courts in Minnesota looks at
distinct expectations. This property has had an R-4 zoning for 20 years. He said that in 1969, the
property was zoned for 380 units but Mr. Berman was unable to ascertain what happened to that
proposal. He said that ordinances have since downgraded the 380 to 250 units, to 150 units and now
the City wants to lower that number again. Mr. Berman said they have a good case because of the
arbitrary selection of property. He said it constitutes a 'taking' rather than a rezoning.
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June 19, 1990
Mr. Berman went on to say that the steep grade of the property also indicates a high density
as it needs these additional units to make the property work. He said any substantial depletion of
density may impinge on the viability of the property. He also pointed out that the R-4 zoning was in
place before any single-family properties were developed in the area. Mr. Berman said that the
substantial assessments were based upon heavy usage.
Mayor Egan said that he agrees that the basis for rezoning is a change in the circumstances
or an error in the original zoning. He said that the Council is attempting to correct errors that occurred
in zoning in years past. He added that there are R-4 properties that are not being reconsidered
because it is felt the zoning is appropriate for those areas but they are studying these 16 because they
feel an error was made. Mr. Berman said that the 'error' the Mayor was citing was not the sort of error
that case law cites.
Councilmember Pawlenty said he agreed with the Mayor that too much property had been
zoned multiple. The Councilmember then quoted the Planning Department report, 'Study Area K can
primarily be seen as a rezoning of parcels to bring them into compliance with the Comprehensive Guide
Plan designation. Under Minnesota Statutes 473.865, the City is required to bring its official controls
(i.e., zoning ordinance) into conformance with the Comprehensive Guide Plan.' He asked Mr. Berman
why that was not a valid reason to rezone these properties. Mr. Berman said that what the City is
doing is selecting certain pieces of property to downzone. He said when considering a particular piece
of property, it is not a comprehensive planning effort. In order to do what Eagan is doing, Mr. Berman
said they would have to have a police power action.
Councilmember Pawlenty said that the vast number of police calls in Eagan are to R-4 zoned
properties. He said, in addition, that R-4 properties represent a disproportionate burden on public
services. Mr. Berman said he did not have those statistics so could not respond to the
Councilmember's remarks.
Mayor Egan then asked the City Attorney whether a substantial change in circumstances and
error were the exclusive criteria for downzoning and whether that criteria was to be interpreted in a
broad or narrow sense. City Attorney Sheldon said they were not exclusive and that a change in
circumstances such as traffic or public interest could be considered. Mr. Sheldon added that error is
not widely taken up by the court and the change in circumstances or public interest would be the basis
of the City's argument. Councilmember Pawlenty asked what the reference to Statute 473.865 referred
to and City Attorney Sheldon said that the Metropolitan Council was requiring that zoning and
comprehensive guide plans be brought into conformance.
Councilmember Gustafson asked whether the assessments on the property would be different
for 180 versus 250 units. Director of Community Development Runkle said that R-3 and R-4 properties
are assessed at the same rate. The Councilmember then asked about the scope of a change in
circumstances. Does the change in circumstances relate to a parcel and the adjacent property or does
it relate to the entire City? City Attorney Sheldon said that both could be used as the basis for study.
Pawlenty moved, Wachter seconded, a motion to approve a Comprehensive Guide Plan
amendment to change the land use designation of approximately 11 acres within PID's 10-77100-010-
00, 10-22451-010-00 and 10-01700-010-53(pt) from D-IV (Mixed Residential, +12 units per acre) to D-
III (Mixed Residential, 6-12 units per acre) and that the City Attorney issue separate findings of fact on
each parcel. Aye: 5 Nay: 0
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June 19, 1990
Pawlenty moved, McCrea seconded, a motion to approve a rezoning of approximately 44 acres
within PID's 10-01700-010-77(pt), 10-01700-010-79, 10-77100-010-00, 10-01700-010-80, 10-01700-030-
80 and 10-22451-010-00 from R-4 (Multiple Residential) to R-3 (Multiple Residential) and a rezoning of
approximately 49 acres within PID's 10-01700-011-51, 10-01700-010-52, and 10-01700-010-53 from A
(Agricultural) to R-3 (Townhouse Residential) and that the City Attorney issue separate findings of fact
on each parcel. Aye: 5 Nay: 0
REZONINGJAREA R
MULTIFAMILY RESIDENTIAL LAND STUDY
Mayor Egan provided a description of the rezoning of Area R. The City Administrator said that
a public hearing had been held before the Advisory Planning Commission on May 22 and the APC was
recommending approval of the rezonings and comprehensive guide plan amendment.
Director of Community Development Runkle said that Area R is located along Johnny Cake
Ridge Road south of Diffley Road. The plan amendment and rezoning involve 4 of the 5 parcels
reviewed under Study Area R. The parcel not included was taken out of the process by School District
#196 for a school. At present, 39.5 acres -are guided as D-III, 14 acres as D-II and 6 acres as P.
Existing zoning is all R-4. The Advisory Planning Commission is recommending that 53.5 acres be
designated D-I (Single Family Residential) and zoned R-1 (Single Family Residential). They are
recommending that the remaining 6 acres be guided as P (Parks) and rezoned PF (Public Facilities/
Parks).
Bill Bush, an attorney, spoke to the City Council regarding the interests of the Tom Wilmus
family. Mr. Bush said that the property had been purchased by the Wilmus family in 1967 under the
condition that the property be rezoned from A (Agricultural) to R-4 (Multiple Residential). In September
of 1967, the Board of Supervisors approved the zoning as R-4. Mr. Bush said that the Comp Guide
shows this property as D-III so the zoning and guide are in agreement. Mr. Bush went on to say that
the infrastructure was completed some time ago with the utilities put in place in 1970 and the
completion of Johnny Cake Ridge Road in 1988. Mr. Bush said that completion of Johnny Cake Ridge
Road was held up due to the uncertainty of alignment with Diffley.
Mr. Bush went on to say in connection with improvements, that Mr. Wilmus had contributed an
easement, and the park dedication agreement and subsequent land contribution was in keeping with
R-4 zoning. Mr. Bush said that if the City Council changed the zoning, the value of the property would
be affected by more than $1,700,000. He said the City Council has asked for and approved parkland
dedication based on 16 units per acre. Mr. Bush said the zoning was in place when the land was
purchased, the utilities have been designed to handle R-4 and the property could not be developed
until the alignment of Johnny Cake Ridge Road was settled. He asked that the Council not proceed
with downzoning.
Councilmember Gustafson asked Mr. Bush if the $1,700,000 they are claiming would be lost if
the property were downzoned, related to land or developed land? Mr. Bush said he had quoted Mr.
Peter Patchin who said the value of the property was $70,000 per acre but only $30,000 per acre if it
were downzoned.
Councilmember Pawlenty asked the City Attorney would the City's legal position would be if the
property was rezoned. City Attorney Sheldon said this property was very similar to the Balfany property;
however, it did not mean the opinion would be the same. Mr. Sheldon said he would provide a written
opinion if desired by the Council.
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June 19, 1990
Gustafson moved, Pawlenty seconded, a motion to continue consideration of Area R of the
Multifamily Residential Land Study, to the July 10, 1990, regular City Council meeting, consisting of a
rezoning of approximately 53.5 acres from R-4 to R-1 and of approximately 6 acres from R-4 to PF
and a comprehensive guide plan amendment, located along Johnny Cake Ridge Road south of Diffley
Road, to allow City staff to prepare additional findings regarding the proposed change in land use
designation. Aye: 5 Nay: 0
SPECIAL USE PERMT/U S WEST NEW VECTOR GROUP
After introduction by Mayor Egan, City Administrator Hedges provided a brief background
description of the item. Director of Community Development Runkle said the application is for a special
use permit to allow antennas and a 14' X 38' equipment building on and adjacent to the Safari Water
Reservoir located on Outlot B of the Eagan Royale Addition.
Mr. Bill Buell, of Dahlgren, Shardlow and Uban, addressed the Council representing U. S. West
New Vector Group. After a brief discussion of cellular technology, Mr. Buell said that U. S. West was
now starting to build out into suburban areas. He said it was an area devoid of antennas at this time.
Mr. Buell mentioned the importance of cellular communication to Fire and Police protection. He said
cellular phones were particularly useful in an emergency when two-way radios become jammed. Mr.
Buell said there were problems with current coverage and this has resulted in a number of 'dropped'
calls. Mr. Buell said if this site were up and operating, it would solve many of their coverage problems.
Mr. Buell said many factors went in to choosing this site including the topography, land forms,
equipment available, other cellular sites and interference that may be encountered. He said the
geographical area they can consider is usually small. Once they have determined the technical and
physical issues, U. S. West considers the zoning issues and where the zoning is most likely to be in
each area Because AM radio towers cause problems for cellular antenna, Mr. Buell said they like to
stay at least two miles from them or locate their antennas on a massive structure. Since their entire
search area is within a two-mile radius of the AM radio towers on Cliff Road, they made a determination
that a tower would be their best location.
Mr. Buell said they have been working with staff and the only change to the site plan is in
regard to the placement of the antennas on the tower. The antennas were originally slated to go on
the top of the tower; however, because the tower has no vertical supports and any welding may cause
blistering inside the tower, U. S. West is planning to epoxy the antennas to the side of the tower.
In response to a question from Councilmember McCrea, Mr. Buell addressed the issue of the
equipment building. He said that through meetings with the surrounding landowners, U. S. West had
agreed to set the building into the hillside on the north side of the tower. He also said they had
agreed to move the building further up the hillside, match the brick in the retaining wall, and landscape
around the building. He said the ordinance permits this type of use, it meets the criteria for special
use permits in a Public Facilities district, and it meets setback requirements. Councilmember Pawlenty
asked if U. S. West had a landscaping plan. Mr. Buell said they did and it will be submitted with the
building permit. Mr. Buell also pointed out that U. S. West intended to provide part of the building for
City use. Councilmember McCrea asked what the City would use it for. Director of Public Works
Colbert said that in the future, the City could install its own radio communications system for use by
Police, Fire and Public Works. Councilmember Pawlenty asked what other considerations were being
discussed. Mr. Buell said they were still negotiating hardware, room in the building, etc. The
Councilmember then asked who U. S. West was negotiating with and Mr. Buell said City Attorney
Sheldon and Director of Public Works Colbert.
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June 19, 1990
A spokesman for the neighbors, Mr. Jack Davis of 12039 Gantry Lane, said if it were up to
them, they would move the tower and the antennas; however, they recognize the need and they
recognize the restrictions in trying to find a location for the antennas. Mr. Davis said they had looked
at five different site plans and of the five, this site was the only one supported by the neighbors. Mr.
Davis said Mr. Buell had been very sensitive to the neighbors and had worked with them on the
aesthetics of the project. Mr. Davis then presented the Council with a petition signed by all those in
the notice area except Mentor Development (Exhibit C).
Mr. Paul Thomas of Mentor Development then addressed the Council. He said he had met with
Mr. Buell on numerous occasions. After these discussions, Mr. Buell presented them with this
alternative. Mr. Thomas said Mentor's first choice would be no facility and this alternative would be their
fourth choice. He said they did not want to see barbed wire or fencing on the site to protect the
technical equipment. He added that both had been installed at other sites. Mr. Thomas said that U.S.
West had approached the City of Apple Valley about the Palomino tower site but Apple Valley indicated
they were not interested. Apple Valley has since changed its mind, however. Mr. Thomas went on
to say it is an issue of quality development. He said they went to great lengths to provide a quality
development with the understanding the City was also interested in quality development. He asked that
the City Council help them protect their investment. Mr. Thomas said that Mentor has 14 lots that are
directly impacted by the water tower and it does reduce property values.
Mayor Egan then mentioned that he did not recall ever having a unanimous petition in support
of a proposal from someone representing the affected neighborhood and then have someone speak
to the Council in opposition representing homeowners who don't yet exist. Mr. Thomas said that most
of the petitioners, if given the choice, would prefer the site was not there at all. Councilmember
Gustafson said he thought the antennas would increase property values in view of the fact that the
types of homes being build in Eagan Royale would probably be occupied by those most likely to use
cellular phones and to whom good reception would be an important factor. The Councilmember then
went on to say that the City Council is sensitive to Mentor's desire for a quality development and that
with or without antennas, Mentor would prefer no tower. Councilmember Gustafson asked Mr. Thomas
whether Mentor would attempt to prevent U. S. West access to the site by refusing easement rights.
Mr. Thomas said they would pursue no access. Councilmember Gustafson said that may necessitate
constructing the building closer to Royale Drive so an access road would not be necessary. He added
that the building would certainly be more visible closer to the road. Mr. Buell said that U.S. West also
believes in quality development and they want to be a good neighbor. He said they did not propose
any fences on the site. He also said that the view from those lots impacted by the site would be to
the north and away from the tower.
Councilmember Pawlenty asked Mr. Buell if any member of the planning firm of Dahlgren,
Shardlow and Uban were representing the City in any matter at the present time. Mr. Buell said not
that he was aware of. Councilmembers Pawlenty and McCrea then expressed concerns about taking
action on the item before agreement on lease conditions is reached. The Council agreed that they
would like everything in order before considering approval of the special use permit.
Gustafson moved, Wachter seconded, a motion to continue indefinitely a special use permit as
requested by William R. Buell, U S West New Vector Group Inc., to allow antennas and a 14' X 38'
equipment building on and adjacent to the Safari Water Reservoir. Item to be returned to the City
Council contingent upon: 1) plat plans remaining as presented, 2) antennas being permitted to be
affixed to either the top or side of tower, 3) approval of lease agreement by both parties, and 4)
approval by City staff of a satisfactory landscape plan and conditions. Aye: 5 Nay: 0
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Page 13/EAGAN CITY COUNCIL MINUTES
June 19, 1990
CONSIDERATION/C ONSENT AGENDA ITEMS
At this point, the City Council returned to those items on the Consent Agenda which were
moved to the end of the meeting for further discussion.
ITEM H/CONfTRACT 89-13, WATER TREATMENT FACILITY
City Administrator Hedges said the questions on Item H relate to the costs associated with this
proposed contract. He said that Director of Public Works Colbert had done a good job of explaining
the additional costs and the City Council had indicated a strong desire to proceed with the project.
Mr. Hedges said that staff had met with the City's fiscal consultant and reviewed all plans for funding
the facility and all were in place. The City Administrator's first recommendation would be to proceed
with the inclusion of all changes since the Engineer's estimate. In addition, if Council wishes to pursue
certain items, it could be referred to the Public Works Committee with a report back to the City Council.
Mr. Hedges noted that any rebid would delay the project by at least six months.
Councilmember Pawlenty asked if the State mandates the treatment of water supplies. Director
of Public Works Colbert said the State mandates chlorination and fluoridation which can be
accomplished at each well or centrally at a water treatment facility. The City also removes iron and
manganese from the water as these minerals cause black water and rusty water. Councilmember
Pawlenty then asked if there were any cities that did not treat the water for those minerals. Director
of Public Works Colbert said that the some outlying suburbs do not treat the water. He said the last
to treat the water in our area was Inver Grove Heights and they now treat for iron and manganese.
Councilmember Pawlenty asked if there were higher than normal amounts of iron and manganese in
Eagan water. Mr. Colbert said, yes, the Jordan aquifer is very high in iron and manganese and the
Hinckley aquifer is even higher.
Mr. John Prest, of Aquatrol, Inc., wished it known his company took exception to the City's
consideration of an alternate vendor for the installation of the plant's operational control system. Mr.
Prest said such a decision could have serious ramifications for the system.
Gustafson moved, Wachter seconded, a motion to approve the bids for Contract 89-13 (Cliff
Road Water Treatment Facility) and award the contract to the lowest responsible bidder based on
designated acceptable alternates and the Mayor and City Clerk to execute all related contracts.
Aye: 5 Nay: 0
ITEM K/PROJECT 598, GALJUOE CUFF PLAZA 2ND ADDITION
Councilmember Wachter said he asked that this item be continued to the end of the meeting
to discuss the negative escrow balance on the Ist addition of Galaxie Cliff Plaza. He said that the City
cannot continue to add to a negative escrow account but must simplify and square away this issue.
Director of Public Works Colbert said it was unusual to authorize a feasibility study before
Council had reviewed a preliminary plat. Unfortunately, the construction season is well underway and
if the developer wafts until the preliminary plat is approved, it will be too late for the installation of
streets and utilities this year. However, Mr. Colbert said the Finance Department had informed him that
the developers had a negative balance in their escrow account from the Ist Addition and now question
whether to add the additional liability of a public contract on top of this negative balance. Mr. Colbert
said there is a clause in the development agreement which provides the City the opportunity not to
proceed with successive phases if the Ist phase is completed in a negative manner or is not completed
within a particular time frame. In answer to a question from the Council, the Director of Public Works
said that the negative balance in the escrow account was $25,500 as of April 7.
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June 19, 1990
The developer, Brad Swenson, said that his company needs the feasibility study as the Park
Nicollet Clinic is ready to locate in the second phase of this development. Mr. Swenson also said he
felt blindsided by this issue as he was not aware that the City may withhold approval of the feasibility
report until the afternoon of the meeting. He said Tri-Land had completed the punch list on the Ist
Addition in June but Ann Thiessen of SEH said some things had been changed. Mr. Swenson said
he thought he had the punch list approved. As to the City's second concern, Mr. Swenson discussed
the settlement of underlying soil for one of the streets under construction in the development. Mr.
Swenson said he had a soil engineer out to the site last fall and again this spring and the soil engineer
did not feel it is a problem and could be paved over. Mr. Swenson said there are two sides to every
issue and he would prefer that these issues be overseen by an independent, unbiased entity, not by
staff.
Director of Public Works Colbert said that the street settlement looks more serious than simply
overlaying the problem area and he is reluctant to accept the improvement due to future liability
concerns. Mr. Colbert said that a letter from Ms. Thiessen indicates that Tri-Land has not been
responsive to phone calls or letters and there is significant work on the project yet to be done. Mr.
Colbert said, however, that the erosion problems associated with a temporary cul-de-sac would likely
be resolved when the cul-de-sac is removed.
Mr. Swenson then discussed the escrow account. He said that at the beginning of a project,
the amount of escrow is estimated and deposited. He said the escrow on this project was estimated
to be $7,000. He said they used to get money back, however, in this case the $7,000 is gone and
there is already a $25,000 overrun.
Councilmember Gustafson asked Mr. Swenson how he proposed to address the $25,000
negative escrow balance. Mr. Swenson said he presently has $140,000 tied up in various other escrow
accounts in the City. He said they also need a maintenance bond but have been unable to obtain one
since the project is too old. He said it has become a serious problem.
Councilmember Pawlenty said he is alarmed about the escrow situation. He said he had been
contacted by other developers and it seems to be a common theme. He said the City admits that it
did not have the staff to send out bills and now is doing so four years later. He said the developers
also feel they are being consulted to death. The Councilmember said that on the other hand, staff
must protect the City. He said it is difficult to find a middle ground. Mr. Swenson said that they are
trying to work with staff but it would be nice to have an arbitrary board to hear these problems. Mayor
Egan said this was a responsibility that could not be delegated to a Board but agreed it was an issue
that called for further discussion.
City Administrator Hedges said that the development community has complaints about staff,
however, a few year ago, the City Council recommended that staff charge their time to developments.
The developers were all in favor whatever the cost as they said they did not want the door closed or
development slowed by lack of staff. Councilmember Pawlenty said he has received more complaints
about consultants than about staff. He said he did not want to send the message to stop or to lessen
overseeing of projects. Mayor Egan said he had heard the same complaints and recommended that
these complaints be heard and aired at a special Council workshop called to deal with this issue.
Mayor Egan said he was disturbed about the punchlist and shortfalls on the first phase of
Galaxie Cliff Plaza and asked if the item should be carried over to the July 10 meeting. Director of
Public Works Colbert told the Council he was concerned about a delay to the project. He asked that
the Council consider ordering the petition and then staff would work with Mr. Swenson in resolving the
various issues.
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June 19, 1990
Gustafson moved, Pawlenty seconded, a motion to receive the petition for Project 598 (Galaxie
Cliff Plaza 2nd Addition - Streets and Utilities) and the preparation of a feasibility report and
simultaneous preparation of detailed plans and specification be authorized subject to appropriate
financial conditions, completion of the punchlist on the Ist Addition and a commitment from the
developer as to how they intend to deal with the negative escrow balance. Aye: 4 Nay: I (Egan)
EASEMENT ACQUISITION AGREEMENT/PROJECT 584
RAHN ROAD RECONSTRUCTION
McCrea moved, Gustafson seconded, a motion to approve the easement acquisition agreement
for the Cedar Grove Baptist Church for Project 584 (Rahn Road Reconstruction) and the Mayor and City
Clerk authorized to execute said agreement. Aye: 5 Nay: 0
pkppw
Wachter moved, Egan seconded, a motion to approve the checklist dated June 19, 1990, in the
amount of $324,287.70. Aye: 5 Nay: 0
The meeting was adjourned at 12:15 am. on June 20, 1990.
KF
CITY OF EAGAN
a \ 1AA h.6 E. nOverbeke, City Clerk
EXHIBIT A
`)0208
LICENSE RENEWALS
JUNE 19, 1990
License Period:
July 1, 1990 - June 30, 1991
Service Station:
Brooks Superette
3390 Coachman Road
Cedar Cliff Amoco
4600 Slater Road
Country 66
3206 Sibley Memorial Hwy
Eagan E-Z Stop
4195 Nicols Road
Eagan Standard
4205 Nicols Road
Finaserve, Inc.
3150 Dodd Road
Holiday Stationstore #232
4295 Nicols Road
Holiday Stationstore #247
3615 Pilot Knob Road
Sinclair Station
3446 Cedar
Superamerica #4049
Diffley Rd & Sibley Memorial Hwy.
Superamerica # 4182
4206 Yankee Doodle Rd
Superamerica #4335
1379 Town Centre Drive
Texaco Superstore
1579 Cliff Road
Total Petroleum
4206 Nicols Road
Total Petroleum
2000 Rahncliff Court
Yankee Square Standard
1424 Yankee Doodle Road
Two Fina stations were approved on June 5 with the license
period to extend through June, 1991. These two stations were
formerly Peoples Plus outlets.
EXHIBIT B 00209
License Period:
July 1, 1990-June 30, 1991
1990 Amusement Device Renewals:
VENDOR LOCATION
Advance Carter Co. 8 mach. LaFonda's 3665 Sibley Mem. Hwy.
American Amusement Arcades 4 mach. J. Doolittles 2140 Cliff Road
850 Decatur Ave. North mach. Broadway Pizza 3902 Beau d'Rue
Minneapolis, MN 55427 2 mach. Pizza Hut 1325 Town Centre Dr
2 mach. Pizza Hut 3992 Sibley Highway
2 mach. Pizza Hut 2130 Cliff Road
6 mach. Eagan Tap 3998 Sibley Highway
1 mach. Davanni's 1980 Cliff Road
2 mach. Eagan Athletic Club 3330 Pilot
,D.V.M. Company
119 State
St. Paul, MN 55107
Gary Starks
3125 Dodd Road
Eagan, MN 55121
Fred Sande
1561 Scheffer
St. Paul, MN 55116
*
Knob Rd
over 15 machines Cedarvale Lanes
3883 Beau d'Rue Drive
3 mach. Valley Lounge 3385 Sibley Highway
3 mach. Richards 4185 South Robert Trail
over 15 machines Starks Saloon
3125 Dodd Road
1 mach. Eagan Steak House 1448 Yankee Doodle
Theisen Vending
3804 Nicollet Ave.
Minneapolis, MN 55409
Brookside Vending
9845 Brookside Ave.
Bloomington, MN 55431
Summit Amusement
2274 University Ave.
St. Paul, mN 55114
over 15 mach. Grand slam
3734 Sibley iighway
1 mach. Dougherty's 1312 Town Centre Dr.
over 15 mach. Pockets
2020 Silver Bell Road
* Broadway Pizza is in the process of moving and they don't know
how many amusement devices they will have room for. The appli-
cation for the beer and wine license relocation is on the APC
June agenda and will be on the Council JUly 10 agenda.
EXHIBIT C (1 of 3)
PETITION OF SUPPORT
OC 210
I/we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15-foot antennas to the top of the tower and constructing a 14-foot by 36-foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
of SIO O
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42590a
EXHIBIT C (2 of 3)
PETITION OF SUPPORT
0021.1
I/we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15-foot antennas to the top of the tower and constructing a 14-foot by 36-foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
42590a
EXHIBIT C (3 of 3)
PETITION OF SUPPORT
OC212
I/we, the undersigned, support US WEST New Vector Group, Inc.'s proposal to
construct a cellular phone facility at the Safari Water Tower that includes attaching
15-foot antennas to the top of the tower and constructing a 14-foot by 36-foot
masonry and brick equipment building in earthtone colors to be dug into the top of
the hill on the northerly side of the water tower.
NAME1 (SIGNATURE) ADDRESS DATE
Zo3 'x"10
42590a
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
June 26, 1990
A special meeting of the Eagan City Council was held on Tuesday, June 26, 1990 at
5:30 p.m. at the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers
Pawlenty and Wachter. City Councilmembers Gustafson and McCrea were absent. Also present were
Chief of Police Geagan, Fire Chief Southorn, Director of Parks and Recreation Vraa, Director of Public
Works Colbert, Director of Community Development Runkle, Director of Finance VanOverbeke and City
Administrator Hedges.
1990 GOALS UPDATE
City Administrator Hedges presented a status update on the goals that were adopted
by the City Council and management team during a two (2) day retreat held during March, 1990. He
stated that responsibilities were assigned for each of the goals to various departments and then
proceeded to provide a progress update on the acknowledgements of the City Council and
management team on the top twelve (12) goals designated as a high priority. City Councilmember
Wachter suggested that a physical fitness/wellness program for City employees, specifically Police and
Fire, be added as a goal for 1990. City Councilmember Pawlenty suggested that Goal #10, which
includes a reevaluation of the City's comprehensive guide plan, be expanded to all land uses other than
the redesignation of high density residential land. He further recommended that City staff research
other cities and acquire copies of twenty-first century studies prior to any further consideration of Goal
#8, which is the formation of a twenty-first century committee. Mayor Egan stated that he would
appreciate a draft ordinance that would address the regulation of parked cars, removal of signs on
private property, house moving and other performance standards relating to existing residential areas
as discussed under Goal #11 of the adopted goals program.
Mayor Egan acknowledged there was no action required on the status of the goals
program and thanked the City Administrator and department heads for the progress and
accomplishments that have been made to date on those goals designated as high priority.
DEPARTMENTAL PRESENTATIONS/1991 BUDGET
City Administrator Hedges stated that each department head has prepared an overview
of department operations relating to their proposed 1991 departmental budgets. He further stated that
each presentation will include an overall philosophy regarding the delivery of services in 1991 and their
direct relationship to the appropriation limitations recently imposed by the Minnesota Legislature as a
result of local government aid reductions to municipalities. The City Administrator further stated that
departmental presentations will include the impact on personnel, impact on service delivery and impacts
on present and future programs.
The presentations were then made by the Director of Community Development, Director
of Parks and Recreation, Director of Public Works/City Engineer, Fire Chief and Police Chief in that
order. Following their presentations with an exchange of dialogue was a summary by the City
Administrator and Director of Finance regarding the budgetary requirements for support services. The
City Administrator and Director of Finance reviewed support services which include organizational
memberships, data processing, financial control, licensing, elections and other requirements that relate
to the management and financial control for those departments as stated.
Following each of the presentations, members of the City Council asked a number of
questions relative to cost containment, budget impacts, anticipated capital expenditures and specifically
OC214
alternative revenue sources, including revenue forecasting. City Councilmembers discussed a number
of public policy issues, including the need to establish additional user fees for Parks and Recreation,
a capital improvements program to address redevelopment in Public Works and a reduction of certain
services within the Police Department. The City Administrator was directed to provide a cost
relationship to certain park services that assumes no additional charges to the residents for basic
facilities, however, user fees should be considered for playground supervisors, on-site inspections by
the City Forester and other related activities. City Councilmembers expressed a desire to establish
other user fees such as a higher cost for fire alarms while reducing certain public services such as car
lockouts and vacation house checks as an example.
City Administrator Hedges, in summary of the departmental presentations, stated that
dialogue and City Council direction are extremely important and will be used as a guideline in
developing the 1991 budget documents. Mayor Egan expressed his appreciation to each of the
department heads for their excellent presentations and acknowledged both the City Council and
management teams for an evening of consensus building on a series of difficult issues relative to the
preparation of the 1991 budget document.
OTHER BUSINESS
City Administrator Hedges stated that a letter was received from the Commissioner of
Public Safety Paul Tschida in response to the City Administrator's letter to Governor Perpich requesting
a reimbursement for costs the City incurred for public safety preparation for President Mikhail
Gorbachev's recent visit to the Twin Cities metropolitan area.
City Administrator Hedges informed the City Council that the Bieter Company is
appealing the dismissal of Larkin Hoffman and the City from the federal lawsuit that has named the City
of Eagan as a defendant. He further stated that the City Attorney will provide additional information as
part of an executive session at the July 10 City Council meeting.
ADJOURNMENT
There being no further business, the meeting was adjourned at approximately 10:30 p.m.
TLH
June 26, 1990
Dated
MINUTES OF A REGULAR MEETING OF THE 0("1215
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 10, 1990
A regular meeting of the Eagan City Council was held on Tuesday, July 10, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Director of
Community Development Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James
Sheldon.
AGA
.....................
......................
Gustafson moved, Wachter seconded, a motion to adopt without modification the agenda for
the July 10, 1990, regular City Council meeting. Aye: 5 Nay: 0
MINUTES
..................
...................
Wachter moved, Gustafson seconded, a motion to approve the minutes for the June 19, 1990,
regular City Council meeting with the following exceptions:
Page 9, Paragraph 3, Sentence 1: Strike that portion of the sentence that reads, 'because
staff.'
Page 10, Paragraph 6, Sentence 2: Change name to Mr. Peter Patchin.
Page 12, Paragraph 4, Sentence 1: Change the word, 'law' to 'planning.'
Aye: 5 Nay: 0
Pawlenty moved, Wachter seconded, a motion to approve the minutes for the June 26, 1990,
special City Council meeting. Aye: 4 Nay: 0 (Abstain, Gustafson)
STAFF ITEMS
Mayor Egan said he had received two letters from the City of Richfield. One included a
resolution recommending that the cities of Minneapolis, St. Paul, Richfield, Bloomington, Mendota
Heights and Eagan be included in the collaborative community airport planning process. The other
letter was a cover to a summary report of a study undertaken by the cities of Bloomington, Burnsville,
Eden Prairie, Edina and Richfield to explore air traffic issues and the 30-year capacity needs for the
Minneapolis-St. Paul Metropolitan area. Mayor Egan asked Assistant to the City Administrator
Hohenstein why the City was not included in the summary report. Mr. Hohenstein said that the cities
included in the study had also assisted in the funding. Eagan had chosen not to participate as the
study included the possibility of an additional parallel runway.
Councilmember Pawlenty addressed a question to staff regarding weeds on undeveloped lots
in the City and, in particular, the Stafford Place Addition. The Councilmember asked if there was an
ordinance to obligate the landowner to take care of the weeds. The Director of Public Works said
that staff had met with the developer of the Stafford Place Addition regarding drainage and weed
problems. The developer said they are looking at respreading black dirt and seeding undeveloped lots
within the project. The developer did ask for special consideration because of their attempt to establish
grass in these areas. The Director of Public Works also said that the landscape ordinance amendment
would require that turf grass be established and maintained after one year on vacant lots throughout
the City. He went on to say that staff would continue to work with the developer of Stafford Place
00 216
Page 2/EAGAN CITY COUNCIL MINUTES
July 10, 1990
but would require that weeds be cut on vacant lots if it could be done without disturbing the seeded
areas.
.................................................
.................................................
Mayor Egan asked if the Councilmembers had any questions regarding any items on the
Consent Agenda
Councilmember Wachter said he had questions regarding Item D. Mayor Egan wished to ask
questions regarding Items K and L and Councilmember McCrea asked that Item I be either handled
separately or pulled from the Consent Agenda
Councilmember McCrea then addressed Item I. The Councilmember said she was pleased with
the Committee and the minutes that had been presented for their last meeting; however, there were
changes on the list of appointments to the Committee. She said she was pleased with the appointment
of an Advisory Planning Commission member, however, displeased regarding the appointment of a
representative by the Chamber of Commerce. The Councilmember said the Chamber appointment was
a citizen who had not been operating in the best interests of the City or this Council. The citizen had
made criticisms and allegations about Councilmember McCrea and other City Councilmembers.
Councilmember McCrea requested that the Council ask the Chamber of Commerce to nominate another
individual. Mayor Egan then suggested that Item I be handled separately at the end of the Consent
Agenda.
In regard to Item D, Councilmember Wachter asked if it was usual to waive the 30-day waiting
period. Chief Geagan said the organization would have filed their application earlier but had had
difficulty finding a sponsor. City Administrator Hedges added that it was not unusual for organizations
to request waivers of the 30-day waiting period.
Mayor Egan expressed his concerns regarding the maintenance facility bids coming in at 10%
over estimates. Director of Public Works Colbert said they were also surprised as the architect had
worked closely with the contractors to get as close as possible. For some reason, he said, the
contractors they had worked with did not submit a bid. Some of the reasons are tight working
conditions because the building will remain in use while remodeling is going on and the bidding climate.
Several large contracts have been let in the metro area recently and not all contractors are looking for
work right now. The salt storage building came in under estimates, therefore, overall, it has resulted
in 10% over estimates.
Mayor Egan asked if the project was time sensitive or could the City reject the bids and rebid.
Director of Public Works Colbert said they are looking to have the project closed in by December 1 or
the contractors would build heating costs into the bids. The low bidder made a $10,000 error in his
calculations but he has agreed to live with the bid total. The Director of Public Works said he did not
believe rebidding would result in a lower bid. The Mayor then asked if the Council had any other
concerns. Councilmembers Wachter and McCrea said they were concerned but did not see any other
alternative but to approve.
The Mayor then said he had been contacted by an individual about Item K but as they were
not there to address the Council, this item was also allowed to stand.
0C 217
Page 3/EAGAN CITY COUNCIL MINUTES
July 10, 1990
A. PERSONNEL ITEMS:
1. It was recommended that the hiring of Rodney Johnson as a utility maintenance worker for
the City of Eagan be approved subject to successful completion of the City's physical examination
requirement.
2. It was recommended that the hiring of a replacement seasonal ballfield attendant be ratified.
The person approved to fill the position is Tamera Perry.
3. It was recommended that the hiring of replacement seasonal recreation workers be ratified.
The persons hired are Ross Anderson and Rebecca Peglar. In addition, Tracy Hosier changed
positions from recreation assistant to recreation leader.
4. It was recommended that the hiring of Gweneth Hanson as a temporary clerical worker for
the maintenance facility be ratified.
5. It was recommended that assigning the Police Lieutenants and Police Captain to step 5 of
their respective compensation ranges retroactive to January 1, 1990, be approved.
6. It was recommended that the hearing conservation program agreement between the City
of Eagan and the Bloomington Public Health Service be approved.
B. Plumbers Licenses
It was recommended that the plumbers licenses be approved as presented.
C. License, Gambling Renewal, Burnsville Optimist Club and Waiver of Waiting Period
It was recommended that the renewal application for the Burnsville Optimist Club gambling
license be approved and the 60 day waiting period be waived.
Period
D. Application for Exemption from Gambling License for Dakota, Inc., and Waiver of Waiting
It was recommended that an exemption from a gambling license for Dakota, Inc., for a fund
raising raffle to be held at Blue Cross and Blue Shield on August 18 and 19, 1990, be approved and
the 30 day waiting period be waived.
E. License, Cigarette, Cheers Wine & Spirits, 1970 Rahncliff Court
It was recommended that a cigarette license for Cheers Wine & Spirits, 1970 Rahncliff Court,
be approved for over-the-counter sales only.
F. Contract 89-19, Change Order #1 Deduct, Parking Lot and Pedestal Lighting
It was recommended that Change Order #1-deduction to Contract 89-19 in the amount of
$441.45 for the replacement cost of lamps and lens be approved.
0G218
Page 4/EAGAN CITY COUNCIL MINUTES
July 10, 1990
G. Contract 89-19, Acknowledge Completion-Final Payment, Parking Lot and Pedestal Lighting
It was recommended the completion of Improvement Contract 89-19 be acknowledged and
that final payment of the contract to Corrigan Electric Company be authorized in the amount of $565.55.
H. Contract 90-01, Receive Bids/Award Contract, Parks Development
It was recommended that the bids for Contract 90-01 (Park Development) be received, the
contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute
all related documents.
1. Ratification, Ice Arena Committee Member Appointments
This item was moved to the end of the Consent Agenda for separate action.
J. Final Plat, Peaceful Heights Second Addition
It was recommended that the final plat for Peaceful Heights Second Addition be approved.
R-90.46
K. Contract 89-13, Approve Change Order #1 (Water Treatment Plant)
It was recommended that Change Order #1 to Contract 89-13 (Water Treatment Facility) be
approved and the Mayor and City Clerk authorized to execute all related documents.
L Contract 89-03, Receive Bids/Award Contract (Maintenance Facility Expansion)
It was recommended that the bids for Contract 89-3 (Maintenance Facility Expansion) be
received and the contract awarded to Shaw Lundquist, Inc., for $577,000 for stage one (Maintenance
Facility Expansion), and to West Bend American Building, Inc., in the amount of $118,820 for stage two
(cold storage facility) and the Mayor and City Clerk authorized to execute all related documents.
M. Contract 90-07, Approve Change Order #1 (Street & Trail Sealcoating)
It was recommended that Change Order #1 to Contract 90-07 (Street & Trail Sealcoating) to
allow an additional 76,000 square yards of sealcoating be approved and the Mayor and City Clerk
authorized to execute all related documents.
N. Proiect 88-N, Acknowledge Completion For City Maintenance (Berry Ridge Addition-Utiltities)
It was recommended that the completion of Project 88-N (Berry Ridge Addition - Utilities) be
acknowledged and perpetual City maintenance authorized.
0. Contract 90-08, Approve Plans/Authorize Ad For Bids (Sibley Terminal Industrial Park - Storm
Sewer)
It was recommended that the plans and specifications for Contract 90-08 (Sibley Terminal
Industrial Park - Storm Sewer) be approved and the advertisement for a bid opening authorized to be
held at 10:00 a.m., on Friday, August 3, 1990.
OC219
Page 5/EAGAN CITY COUNCIL MINUTES
July 10, 1990
P. Contract 89-05, Approve Easement Acquisition Agreement (Lot 3. Block 1, Joseph Spande
1st Addition
It was recommended that the Easement Acquisition Agreement for Contract 89-05 (Skyline Road
- Streets & Utilities) be approved for Lot 3, Block 1, Joseph Spande 1st Addition and the Mayor and
City Clerk authorized to execute all related documents.
0. Vacate Drainage & Utility Easement, Receive PetitioriSet Public Hearing (Lots 3 & 4, Block
1, Sibley Terminal Industrial Park)
It was recommended that the petition to vacate a drainage and utility easement (Lots 3 & 4,
Block 1, Sibley Terminal Industrial Park) be received and a public hearing scheduled to be held on
August 21, 1990.
R. Budget For Blackdog Water Management Commission
It was recommended that the 1991 Budget for the Blackdog Water Management Commission
be approved.
S. Budget For Gun Club Lake Water Management Organization
It was recommended that the 1991 Gun Club WMO budget be approved.
McCrea moved, Gustafson seconded, a motion to approve the Consent Agenda with the
exception of Item I which was removed for separate action. Aye: 5 Nay: 0
The Mayor then returned discussion to Item I by saying he respected Councilmember McCrea's
concerns but could not dictate the Chamber's choice of representatives. Councilmember McCrea said
she was not sure the Chamber would know and said a good faith effort should be made to let them
know of their representative's activities. She said she wanted the Council to be up front and honest
and not sweep the issue under the carpet.
Mayor Egan then asked the feelings of the rest of the Council. Councilmember Gustafson said
he was interested in keeping a member of the Chamber of Commerce on the ice arena committee but
perhaps they would send an alternate member. Councilmember McCrea said that it should be noted
that everyone on the committee had attended a meeting except this member so no continuity would
be lost. Councilmember Pawlenty stated that an individual had made remarks causing concern to
Councilmember McCrea and the Chamber should be so advised outlining these concerns so they could
either resubmit this name or recommend a new member.
After additional discussion, Councilmember McCrea moved, Gustafson seconded, a motion to
ratify the list of Ice Arena Committee appointments with the exception of the Chamber of Commerce
appointee and that the Chamber representative position remain vacant until concerns regarding the
appointment can be shared with the Chamber of Commerce at which time they may either reconsider
or resubmit the name or this representative. Councilmember Gustafson added that this should be done
at the earliest possible time. Aye: 3 Nay: 2 (Wachter and Egan).
Q' ,®
Page 6/EAGAN CITY COUNCIL MINUTES
July 10, 1990
PROJECT 466/PILOT KNOB ROAD
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this public hearing by saying it was a project none would
forget. He said that 509 parcels had been notified of the public hearing. He added that upgrading
of Pilot Knob Road from I-35E to Rebecca Lane made this one of the largest public improvements ever
undertaken by the City. Mr. Hedges said the City's involvement was one of cooperative, cost-sharing
with Dakota County and the City's costs resulted in the assessments.
Director of Public Works Colbert then presented some of the numbers associated with the costs
of this improvement. He said that the total cost for the installation of streets, utilities and trailways for
Pilot Knob Road and portions of Cliff and Diffley Roads was $8.7 million. Of that amount, Dakota
County assumed $3.7 million and the City, $5 million. Of the $5 million, $1.2 million will be assessed.
Of the $1.2 million, $272,000 is the responsibility of the City due to City property such as parks, the
Municipal Center, and fire station. In addition, $165,000 was precollected from developers prior to the
upgrade. Mr. Colbert added that the final assessment rates associated with the street improvement are
the same as the predetermined zoning equivalent contained in the feasibility report. He said that final
storm sewer lateral assessment rates ended up higher than those estimated in the feasibility report due
to an increase in the construction and overhead costs of the system and a reduction in the assessable
area based on final surveys of the drainage boundary serviced by the storm sewer system.
The Director of Public Works said that several written objections to the assessments had been
received and he distributed copies of those not included with the packet. He said additional written
objections had been received at the meeting from the following: Bliese, Krista Nelson, Walter Nelson,
Rodney Smfth, Eagan Medical Building, Russell Stauffer, and developer Roger Derrick for Fairway Hills
and Fairway Hills 2nd Additions.
Councilmember McCrea asked if having one's name on a petition would constitute written
objection. City Attorney Sheldon said a property owner needed to appear in person at the public
hearing or submit a signed, written objection to the assessment, including the basis for the objection.
The Councilmember then said that a petition was not sufficient and anyone wishing to object should
put their objections in writing before leaving the public hearing.
Mayor Egan then asked the City Attorney what the process for objection was. The City Attorney
said that once the assessment roll is adopted, property owners would have 30 days to file their
objections in district court. If they did not, their ability to object was ended. The Mayor asked if the
roll could be certified subject to objections. The City Attorney said the City Council could choose to
certify all or part of the assessment roll.
The Mayor then opened the public hearing saying that some situations were unique and a four
minute time limit was recommended for testimony. He asked that anyone wishing to submit written
objection should do so. Before hearing from the public, Councilmember McCrea asked the Director of
Public Works why people on Sequoia, who do not live on Pilot Knob Road and have lived in the City
for over fourteen years, were now being assessed. Mr. Colbert said that property owners on Sequoia
in the Evergreen Park area were in the drainage district for this project and were being assessed for
storm sewer lateral only.
The following is the public portion of the hearing and those giving public testimony concerning
their objections to the assessment in the order they appeared.
Page 7/EAGAN CITY COUNCIL MINUTES
July 10, 1990
Mr. David Tillseth, 3800 Pilot Knob Road, and Mr. Minotti, his representative, said the Pilot Knob
upgrade had not resulted in an improvement for his property but a detriment. He said even the County
said his property value had declined. Mr. Minotti said Mr. Tillseth's property is now a non-conforming
use. Mr. Tillseth said that very little water drains into the storm sewer system. He also said that Pilot
Knob Road had become very dangerous. He said the entire City and all businesses should have paid
for the project as they were the ones who had benefited from it.
Director of Public Works Colbert said the City recognizes the concerns of property owners on
Pilot Knob Road and that's why there is a 75% credit for those with limited, direct access to Pilot
Knob. He said a recent appraisal was used in the right-of-way acquisition and compensation was
based on a before and after valuation of the property. Some benefit to the property was gained from
drainage and bituminous.
Mr. Tillseth's representative said there is a 50' setback to Pilot Knob Road. He said Mr.
Tillseth's home is within that setback and is now at risk. He could not say there was any benefit to the
property.
Ms. Lorinda Henderson, 1405 Walfrid Street, said she had just purchased the property three
months ago and asked if the seller should cover the amount of the assessment. Mr. Colbert said he
was not sure of her particular situation; however, he estimated 90% of the sellers had escrowed the
assessment.
Mr. Kenneth Freeman, 1392 Cosmos, wanted to verify that his property was not included in the
assessment area. Mr. Colbert said it was found that this property did not drain into this project's
system. Properties described as Lots 1, 11, 12, 21, 22, and 23, Block 2, Wilderness Run 2nd Addition
were inadvertently included and would be removed from the assessment roll. Councilmember McCrea
asked if the City would then have to absorb the costs. The Director of Public Works said it would
unless the assessments were respread.
Mr. Roger Johnson, 4304 Pilot Knob Road, said that at the 1986 meeting, he had asked that
his driveway remain only if there were no assessments for it. However, his property was part of this
project's assessment roll.
Director of Public Works Colbert said that when the project was completed, Mr. Johnson's
driveway was still there and still in use. Mr. Colbert said it was an existing condition and had to be
accommodated unless it was relocated by the property owner to a side street access prior to
construction. He said the driveway passed through a vacant lot on Pilot Knob Road but actually
served the lot behind it. Other property owners in that area who had also attended the 1986 public
hearing had chosen to eliminate their access to Pilot Knob and take direct access to Cleome Lane.
Mr. Johnson said he thought having an easement to Cleome Lane was sufficient. Mr. Colbert said staff
was unaware of any easement and because there was no appearance of any other access to Mr.
Johnson's lot, there was no choice but to leave the access to Pilot Knob Road.
Mr. Anthony Villelli, 4765 Pilot Knob Road, asked what action the Council was going to take.
The Mayor asked the Director of Public Works if he was aware of Mr. Villelli's concerns. Mr. Colbert
said staff has had numerous discussions with Mr. Villelli. He said 6,400 square feet of Mr. Villelli's
property drains into the storm sewer system with Pilot Knob Road. He said Mr. Villelli objected when
the City previously installed storm sewer lateral in 1982 and then was included with storm sewer
improvements for Pilot Knob Road. Mr. Colbert said that part of the previous system was removed with
the upgrade and if credit was given for the removal of the previous system, Mr. Villelli's assessment
would be reduced by approximately $5.
00222
Page 8/EAGAN CITY COUNCIL MINUTES
July 10, 1990
Mr. Villelli said he should only be assessed for storm sewer lateral once and he is being
assessed twice. He said his property configuration did not change since the last assessment. He said
the previous storm sewer lateral was removed and hauled away, the blacktop from Eriks Boulevard was
removed, and the $9000 worth of rocks from the previous lateral washed away. He said he was
previously with the school district and if one of their projects came in $1 million over estimates as this
one did, they would have to ask the voters or change the project. He was he was going to take action
or file suit.
Mayor Egan asked Mr. Colbert if the issue was whether this is trunk or lateral storm sewer. The
Director of Public Works said this is often misunderstood. The City does not assess trunk area storm
sewer twice. Unfortunately, most people just hear the words storm sewer. Storm sewer lateral is
assessed for that portion of a property that drains directly into that storm sewer system. Mr. Colbert
said Mr. Villelli has received two assessments (one in 1982 and one in 1990) based on the number of
square feet of that portion of his property that drains into each lateral.
Mayor Egan asked what had increased the costs. Mr. Colbert said that the cost of the storm
sewer had increased over original estimates and the area of assessment had been reduced. He said
of the $1.78 million it cost to install the storm sewer, only $340,000 was being assessed.
Mr. Don Christianson, 3676 Pilot Knob Road, said he had not received a notice but thought
he should see if his property was on the list. Mr. Colbert said that originally this property had been
included because the driveway accessed Pilot Knob Road. However, because the driveway was
relocated, there were no street assessments to this property. Also, there were no storm sewer
assessments because the property does not drain onto Pilot Knob Road. Mr. Christianson then asked
if property he owns in the Bunker Hills Addition was being assessed as he had not received notice.
Mr. Colbert said the property in question was being assessed at the multifamily residential rate for a
total assessment of $7057.92. Mr. Colbert said he would check to see why he had not been noticed.
Mr. David Bailey, 1454 Diffley Road, said he was originally told the assessment would be $648
for sewer and now that amount is $1040. He asked how the City could just raise the amount. If this
was a bid process, he asked why he had to take the loss. Mr. Colbert said the overall project was
larger for storm sewer and the assessable area was reduced resulting in increased costs. Mr. Colbert
said when costs were estimated, there were no guarantees on the rates. Mr. Bailey said the storm
sewer did not do him any good as his property runs to the back. Mr. Colbert said he was being
assessed for only that portion that drains into the system. Mr. Bailey said he would fight the
assessment.
Mr. Mike Waterhouse, 4272 Sequoia, said the City had received an appeal from his
neighborhood but he would file a separate appeal. He said he did not believe the storm sewer
increased the value of his property $2200. He said the study was done over four years ago and
Sequoia Drive has been recapped and the water flow redirected. He said he would like someone to
come out and look at the area. Mayor Egan said Mr. Waterhouse was correct in assuming that the City
could assess the amount of benefit and no more. The Mayor said the County undertook the project
as both feasible and assessable and to be of benefit to the property at least as much as the
assessment. The Mayor said it was designed to benefit the community that uses the project.
Councilmember McCrea asked Mr. Waterhouse if the water on Sequoia had been redirected.
Mr. Waterhouse said that in his opinion, it had. Director of Public Works Colbert said that runoff should
not have changed as the street had been sealcoated only and had received no reconstruction.
Page 9/EAGAN CITY COUNCIL MINUTES
July 10, 1990
The new owner of 1375 Easter Lane, said the notice was the first he had heard of the
assessment. He said he had heard nothing before he purchased the property eight months ago. As
it would have been shown as a pending assessment at that time, Mr. Colbert recommended that this
property owner contact his real estate agent or title company to see if the assessment had been
escrowed.
Mrs. Clarence Renville, 1440 Diffley Road, said that the letter she had received was wrong and
they should not be charged for street assessment as five families access Pilot Knob Road via one
driveway. Mr. Colbert said the street assessment had been dropped.
Mr. Brian Olson, Argus Development, said his company had received preliminary plat approval
for Sherwood Downs. He said they had 'hired' the City's Finance Director to find out if there were any
pending assessments. When they received the final results, there had been a 50% increase in
assessments. Mr. Olson asked why overhead on the project had increased from 23% to 45%? The
Director of Public Works said that the property being developed was assessed for water lateral and the
sanitary sewer lateral was extended at the request of the property owner at that time. At the time of
development, Mr. Colbert said that preliminary indications were that the lateral extension was needed
and the property owner had requested it. Mr. Colbert repeated that at the time of the public hearing,
rates could not be guaranteed and costs could only be estimated. Mr. Olson asked for an explanation
of the increased overhead costs. Director of Public Works Colbert said the costs were obtained from
the County and that many more costs were incurred that had originally been estimated for the scope
of this project. Mr. Colbert said the costs were those billed to the City by the County.
Mr. Olson said he did not object to the benefit only the amount. He asked if he could object
only to the amount. City Attorney Sheldon said if Mr. Olson agreed to the benefit and to the
assessment extent of the benefit, then his appeal had already been lost.
Mr. Mitch Knoll, 1460 Diffley Road, said his storm sewer lateral assessment was based on
square footage. When Diffley Road was upgraded, some of his property had been deeded back to him
by the City and he did not want to be assessed for storm sewer on property deeded back. Mr. Colbert
said the assessment area was based on the old property line. Mr. Knoll asked who determined the
area. He said his property had not changed and yet the assessed area had increased. Mr. Colbert
said in order to spare expenses, they do not go to the detail of a survey at the time of the feasibility
report in case the project is not approved. Mr. Knoll said he did not necessarily agree with the square
footage and asked if someone had actually come out and looked? Mr. Colbert said someone had.
Mr. Lynn Stauffer, 1323 Easter Lane, said he had heard of estimates but not of them doubling.
He said the additional money needed was not escrowed as the escrow was based on the estimate.
He said when the plan changed, a new feasibility report should have been prepared and all affected
property owners should have been noticed. Mr. Stauffer said part of the drainage on his property goes
across the street and into a pond and the rest runs four houses down and sits. He said his property
is up 5' feet since construction. He said the people on Pilot Knob Road who received a 50% reduction
because of the noise should come out on Diffley. Mayor Egan asked the Director of Public Works if
the residential equivalent was the same on Diffley as Pilot Knob Road. Mr. Colbert said there wee no
street assessments on Diffley Road.
Mr. Stauffer said his backyard is so steep he cannot mow. He said the first time the co
watered the sod the County put down, it washed down the hill. He said he had to put it b,
stake it. Mr. Stauffer said the County has ignored his problems and never responds. Also, he
runoff stays in his backyard and doesn't run into the street. Mr. Stauffer says he has expend
drop in his property value. He said the County did not complete what it promised.
and
fall
)da
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July 10, 1990
Councilmember Pawlenty asked Mr. Colbert what the definition of overhead was. Mr. Colbert
said interest on bonds, engineering, legal and design costs, right-of-way acquisition, soil and materials
testing, staking, construction inspections, etc. The Councilmember then asked how much of the costs
of this project were attributed to overhead. Mr. Colbert said the overhead had increased from 25% to
45% of the total construction costs. Councilmember Pawlenty asked if that was unusual for a project
this size. Mr. Colbert said the project had run into significant situations with soils, more inspection fees,
more reconstruction, more time working with homeowners, washouts, etc. The Councilmember asked
if the overhead was County, City or both? Mr. Colbert said both.
Mr. Stauffer said his main objection was when the project changed, the residents should have
been renoticed. Mayor Egan said he didn't know if Mr. Stauffer's complaint could be resolved. He said
the City had Mr. Stauffer's objection and it would be looked at.
Mr. Rod Smith of 4280 Sequoia said he objected to the storm sewer lateral assessment as
unfair. He said he moved to Evergreen Park 21 years ago and for much of that time had been paying
for storm sewer assessment. He said he wouldn't feel so badly if he lived on Pilot Knob Road.
However, he is being assessed for 15,000 square feet and he is having a hard time understanding why
his neighbors are paying zero. Mr. Colbert said his neighbors drain into an existing system or some
other drainage pattern. Councilmember McCrea said it was important to look at the water flow. Mr.
Colbert said the previous assessment was trunk area. He said there had been accurate field surveys
of the area. Mr. Smith said it was not equitable. He said the entire area flows down the street and
he would not object if his neighbors were in the assessable area. He asked that they just go out and
look at it.
Cary Bliese, 1391 Cosmos Lane, said he was one of those properties where the assessment
had been dropped. He asked if the Council would vote tonight. Mayor Egan said action would be
taken tonight.
Mr. Scott Frater, 4194 Blueberry Lane, was represented by his brother, Mr. Patrick Frater. Mr.
Frater said the subject property was far from the project. He said his major concern regarded safety
as the storm sewer which juts into this property is open. He said it is a 24' storm sewer pipe with
no grate. Mr. Colbert said a grate would be installed at the earliest practicable time. Mr. Frater said
the lots should have been assessed when they were developed.
Mr. Ray Hart, 4195 Blueberry Lane, said the Council should listen to Rod Smith who said other
people were benefiting. He said he knew Councilmember McCrea who made an observation that
disagreed with engineering. He said the Council should first listen and then review the method of
allocation. He said he would not accept an inequitable bill. Mr. Hart said the builder paid off the
pending assessment of $600 and now the bill is $3200. He said he wanted an opportunity to review
how the amount was arrived at. Mayor Egan said an attempt had been made to explain what property
owners should do to object to the assessments. He said the City can only assess the extent of benefit
and no more. The Mayor reiterated that the City and County had attempted to install a project that
was both feasible and assessable. Mr. Colbert said they would be happy to go out an check the
drainage pattern again.
Mr. Neil Coates, 4605 Pilot Knob Road, first discussed how the fill was handled. He said he
has a ravine on his property and had asked for any extra fill. He was told by the contractor that there
would be no extra fill and as a matter of fact, they would probably be short. However, Mr. Coates said
the contractor moved a large amount of fill onto the property across the street filling in what had been
useless property. Mr. Coates said they greatly increased the property value of that lot. Mr. Coates
0022 i
Page 11/EAGAN CITY COUNCIL MINUTES
July 10, 1990
then said he had maintained the sod that had been put down with an earlier project and now he has
10,000 square feet of dirt. He said the Pilot Knob slope on the east side of his property had been
hydroseeded with what Mr. Coates believed was 90% weeds. Because of the slope, he can't maintain
it. He also mentioned a drain grill that was installed that is completely useless as very little, if any,
water drains into it. Mr. Coates said he thought he would qualify for the Senior Citizen Deferment and
would contact staff regarding an application. In closing, he said he was proud of the corner before
but not anymore.
Mr. Alan Linhoff, Fairview Development, Eagan Medical Center at Crestridge and Duckwood,
said they did not wish to shirk their responsibility. However, they had paid $5000 in assessments,
$15,000 for streets, $14,000 for sewer, and $4000 for trail. Mr. Linhoff said they object to the
assessment as it does not benefit the property to the extent of the assessment. Mr. Colbert said the
assessment was originally against the entire parcel. He said Fairview Development should have been
aware of the pending assessment when they purchased the property. Mayor Egan then asked about
the prepayment policy. Mr. Colbert said that used to be done but was no longer feasible. The City
now has to wait until the improvements are in. He said it assessments are pending on a property, it
is handled however the owner chooses.
Mr. Linhoff said they front on Crestridge and Duckwood and when they were assessed
previously, they did not object. However, they do object to being some distance away from Pilot Knob
and then being assessed based on front footage.
Ms. Doris Wilkins, 4225 Pilot Knob Road, asked several questions regarding the rate for
restricted access to Pilot Knob Road. Mr. Colbert said she had been assessed at 25% of the residential
equivalent. Ms. Wilkins then asked if there had been any State aid for Pilot Knob Road. Mr. Colbert
said it is a County-State Aid highway. Ms. Wilkins asked how much the County had received and Mr.
Colbert said he did not know as it had gone to the County. Ms. Wilkins said she felt the community
should have some funds available to relieve them from assessment which are so heavy at this time.
Mr. Colbert indicated that the City was financing 75% of her residential equivalent street assessment
which results in her already reduced assessment. Ms. Wilkins went on to say that the improvements
were supposed to benefit her property yet for the past two years, the County assessor had reduced
the marketability of her property. She said she used the road but so do people in Apple Valley. She
said she did not see why she should have to pay when her property was devalued. She said she
would file a letter of objection.
Diane Goers-Hartman, 3760 Pilot Knob Road, said storm sewer was not needed before they
widened Pilot Knob Road. She said the bill had just come and there was no time to plan for it. She
said the way it was set up was unfair. Mayor Egan said these were the universal terms for all
assessments in the City. The resident said that they were too short. Mr. Colbert said if the
assessments are paid within 30 days, there was no interest collected. However, after 30 days, interest
at the rate of 9% is collected beginning from the date of the assessment approval. After October 15,
interest for all the following years is also added to the property tax collection process. Ms. Goers-
Hartman said the project was not a benefit to her property.
Mr. David Griga, 1405 Blasam Street, said that since the road was widened and the trailway was
moved, the roots of willows on his property have been damaged and one has since blown over. He
said the market value of his home had been lowered.
Mr. Mike McAnn, on behalf of Mr. and Mrs. Matthew Pope, 4270 Pilot Knob Road, said the basis
of their objection was there is no special benefit to the widening of Pilot Knob Road. He then
mentioned the difficulty of access. He said there was a benefit to the community and retail persons
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July 10, 1990
but not to the homeowners. He then questioned the public policy regarding lateral storm sewer, i.e.,
the City estimated X dollars and now it's Y dollars. By estimating lower costs, Mr. McAnn said it
dampened the criticism of the project and now that it has been completed, there are higher costs to
be paid. Mr. McAnn said that the homeowners believed that assessment money paid would prevent
the large assessment now and here they are again. In addition, one of the Pope's trees is showing ill
effects of moving the trail and the road. Mayor Egan asked the Director of Public Works if there had
been any noticeable damage done to trees. Mr. Colbert said he did not know if they had made the
County aware of any problems.
Mr. Lawrence Linkert, 4255 Pilot Knob Road, said he agrees with Rodney Smith that this needs
another look. He said he had filed a written objection.
Mayor Egan then closed the public portion of the hearing and asked for Council comments.
Councilmember Wachter said objections should be checked out even if the roll is approved.
Mayor Egan agreed saying several issues had been discussed and perhaps should be checked out.
Councilmember Wachter also said that some of the contractor's actions were of concert to him and
the County should have made them right.
Councilmember McCrea recommended that staff follow up on field visits. She was concerned
that one block had been left out. She also expressed concerns about Mr. Coates' property. She said
it was beautiful and if it is not restored, the City should figure out how to restore it and invite the
County to participate. Director of Public Works Colbert said that several comments had been made
that neighbors should have been included. He said that if the City checked it out and found that others
should have been included, it may require a new public hearing. Councilmember McCrea said the
project has to be assessed equitably. Mr. Colbert asked if it is found that the neighbors' properties do
drain into the system, what would the Council wish staff to do. Councilmember McCrea said she was
interested in knowing the dollar amount the City had to assume.
Councilmember Pawlenty then addressed Mr. Coates' property. He asked the Director of
Public Works if there was any resolution to the dispute regarding the County's behavior regarding
removing but not replacing trees, landscaping, etc. Mr. Colbert said the County has no reforestation
or landscaping policy. The County has said that if they spend money on those items, there will be
fewer dollars for roads. In Fairway Hills, trees were removed and a temporary slope easement was
granted by the developer. However, Mr. Colbert was unaware if any of that money was passed on to
the homeowners.
Councilmember Pawlenty suggested additional information on two parcels and delay of approval
until the research was completed. Mayor Egan questioned the impact on the entire assessment roll
if an error was made. City Attorney Sheldon's said it would be necessary to research the statute.
Councilmember Gustafson asked who had paid for the original storm sewer lateral assessments
in the Evergreen Park Addition. Mr. Colbert responded that research would be necessary to verify
the special assessments methodology for the original storm sewer assessments. The City Attorney
stated that any additional properties that become eligible for special assessments would be assessed
at the predetermined project rate.
Councilmember Gustafson said that when the assessment roll is adopted, then there was
something to object to. He said the process had to move forward. He added that some had said the
road is of negative benefit, however, any negative impact would be greater if the same amount of traffic
was using two lanes. He said that the amount of benefit must equal the amount of the assessment.
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Page 13/EAGAN CITY COUNCIL MINUTES
July 10, 1990
The Councilmember said every dime the County has, we pay; everything the State has, we pay; it is
just a matter of how. He said 25% of the costs of this project are borne by the assessment process
but the other 75% is spread over a much broader base. He said he was concerned with the formula
if there are problems showing benefit; however, there had been no significant problem with that in the
past.
Councilmember Gustafson then moved, McCrea seconded, a motion to approve the assessment
roll with the modification of all Wilderness Run 2nd Addition lots as it relates to lateral storm sewer
assessment.
Councilmember McCrea said she continued to be concerned as she really didn't want to add
additional assessments but the way it was presently being done was inequitable. She said she would
prefer a site visit by staff and then receive their recommendation. She said she did not wish to open
a can of worms' but did not want to do something obviously inequitable.
Councilmember Wachter then asked if two lots could be added to the assessment roll. Director
of Public Works Colbert said it could not be done without a new public hearing. Councilmember
McCrea suggested that staff look at the area in question, come back to the Council with a
recommendation that the City renotice the public hearing or leave as is. She said she didn't feel they
had enough information. Councilmember Pawlenty said this appeared to be a fundamental
disagreement. He said the area had been looked at and he questioned whether the addition of two
lots was worth doing. Director of Public Works Colbert said what the Council was asking would place
staff in the position of being the arbitrator between the neighbors and the consultant. But, he added,
whatever they find, Council knows the outcome.
Councilmember McCrea asked if the roll were approved, where that would place the Council
if it was found that other properties should have been included. City Attorney Sheldon said that the
drainage district was identified and everyone in that district was asked to pay. The City hired a
consultant and it would be reasonable to expect the City to rely on his expertise. If an error is found,
the City will have to include the properties and at the rate established. He said that determination
would have to be made at the staff level. The City Attorney said the City has made calculations based
on information provided by its consultant. Director of Public Works Colbert said this is a gray area
and it would be difficult to have a hard stand on boundaries; however, they have made their best
determination as to the drainage area.
Mayor Egan said there were an equal number of concerns that had merit. However, to try and
change the drainage district now would be a disservice if for no other reason than the additional
money that would be required to do the process over again. He also questioned the negative
precedent. He said the process is not perfect but they should admit that it is not perfect and be done
with it. Director of Public Works Colbert said it should be pointed out that the inclusion of additional
property would not change the amount of the others' assessments; the rate would remain the same.
Councilmember McCrea asked if the vote stood, could other properties be added later? Mr.
Colbert said not without a public hearing. Councilmember Gustafson said he was concerned that the
City would spend more dollars to collect less.
Aye: 5 Nay: 0
Councilmember Wachter observed that whenever a project of this size is on the agenda, it is
not fair to other items later. He said items of this magnitude should be on a meeting agenda by them-
selves. In the future, he recommended that the Council consider a special meeting.
Page 14/EAGAN CITY COUNCIL MINUTES
July 10, 1990
. IINESS
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LANDSCAPE ORDINANCE AMENDMENT
CHAPTERS 6 & 7
0C)228
City Administrator Hedges introduced the item by saying at least two residents were in the
audience regarding the landscape ordinance. He said these residents of the Fairway Hills area had
concerns regarding the sea of concrete they felt they were left with after the upgrade of the Pilot
Knob/Cliff Road intersection. He said this has been a community initiative regarding the landscaping
of important boulevards. Mr. Hedges said action would be taken on Chapters 6 and 7 and Chapter
13 would be handled on the August 7 agenda. He then asked Parks Superintendent John VonDeUnde
to provide a history of the ordinance.
Parks Superintendent VonDeLinde said there were two major areas the ordinance concerns and
one deals with development and the other with post-development. The two chapters of the City Code
to be amended address: 1) regulation and licensing of tree maintenance contractors, and 2) standards
for new plantings and landscaping within street right-of-ways in existing developments. He said the
review process has included review by staff, the Developers Task Force, the Advisory Parks &
Recreation Commission and the Advisory Planning Commission.
Councilmember Wachter asked if allowing planting within street right-of-ways constituted a
change in policy. Mr. VonDeLinde said it would be allowed within certain guidelines. Councilmember
Wachter said that one area dealing with establishing turf grass within street right-of-ways was confusing.
Mr. VonDeLinde said it would only specifically relate to islands. He added that homeowners would be
notified of the need to mow these areas through the weed maintenance ordinance.
Councilmember McCrea said she was concerned regarding the education process and then the
enforcement of the ordinance. She said the City has huge boundaries with the County and asked if
the County was going to maintain those properties. Parks Superintendent VonDeLinde said through
the Master Street Planting ordinance, the City was assume responsibility to plant in those areas already
developed and those not yet developed would be the responsibility of the developer. He added that
the City would continue to maintain collector and arterial streets.
Councilmember Pawlenty said that part of the frustration is County right-of-way. He said the
County would have to give its permission before any plantings could be done. He said perhaps a
cooperative could be worked out with the County on a case by case basis. Mr. VonDeLinde said they
would study those areas that could reasonably be planted and then they could approach the County
as to their participation.
City Administrator Hedges said he had spoken to residents of Fairway Hills and that comer
could be considered as a model for County boulevards. Mr. Hedges said he believed the City could
be a catalyst working with the County. Mr. Hedges said part of the ordinance deals with County roads
but it does not say we have any funding. Perhaps if nursery stock could be provided, the County
would permit.
Ms. Claudia McClannahan, 1339 St. Andrews Boulevard, said she was part of the group that
hopes they may have had an influence on the implementation of the ordinance. She said she
appreciated the City's efforts.
The Parks Superintendent said that the ordinance did not formally adopt a street tree program.
He asked that the Council also consider directing staff to conduct a tree inventory and put together a
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Page 15/EAGAN CITY COUNCIL MINUTES
July 10, 1990
master street tree planting plan. Councilmember Pawlenty recommended that Arbor Day activities be
directed toward these plantings.
Wachter moved, Gustafson seconded, a motion to approve the landscape ordinance
amendments for the Eagan City Code Chapters 6 and 7 with direction that a Master Street Tree Plan
be assembled and brought back for City Council consideration. Aye: 5 Nay: 0
REZONING/AREA C
MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said the City of Eagan had undertaken
a residential land study and that the two areas to be discussed at this meeting had gone to the
Advisory Planning Commission and then on to the City Council. He said that both study areas had
been analyzed through a memo from legal counsel regarding a rezoning or change in land use
designation. He said the City Council had received an analysis for both Area C and Area R. Mr.
Hedges then asked City Attorney Sheldon for comment and then discussion by the City Council.
City Attorney Sheldon said his analysis began with the general issues of public interest or
changed conditions and then the issues of lost economic considerations and investment-backed
expectations of the property owner. He said it was necessary to also consider whether the property
owner had acquired 'vesting' in the property or had made improvements to it. Mr. Sheldon said that
when Mr. Balfany purchased the property, the City had purchased and received park property and had
agreed to rezone the remainder. The City did rezone the property and according to Mr. Sheldon's
analysis, the City did everything required of it; however, no Planned Development agreement was ever
entered into. Later, a development proposal was made but did not come to fruition within the time
guidelines. Mr. Sheldon said as he recalled, Mr. Crawford had said the current owner was not aware
of the 1975 transaction when he acquired the property. He said that while rezoning is not mandatory,
the City has the right to rezone the property without significant economic loss to the property owner.
Mr. Rollie Crawford, representing Balfany Development, said he had previously stated a number
of different aspects as to historical and legal issues as well as public policy. He said what was
involved was a question of the police power of a community versus private property. Mr. Crawford said
they were at a standstill on the question but asked how it could be resolved. He addressed two major
areas of concern: 1) the number of units on the two parcels, or the density; and 2) the design and
what gets built on them. He said one way to reach a decision was to present the Council with the
basis for a revised PD agreement. He said their contention is that in a sense they have a PD
agreement. Perhaps not in today's format but it is one made up of correspondence, agreements, etc.
But Mr. Crawford said they would like to get a 'real' PD proposal together so the Council can look at
the number of units, the layout, and how they affect the surrounding properties and then make their
decision. Mr. Crawford said at the present time, the property owner is entitled to 156 units and he was
sure the project could be put together at something less than that. Mr. Crawford said it was a
desirable plan and he asked that the matter be referred to staff to negotiate.
Mayor Egan asked the City Attorney how this matter could be referred to staff. Mr. Sheldon
said there was no time limit on rezoning. He said staff could be directed to work with the property
owner and then a concept brought back to the City Council. At that time, Council could decide whether
the proposal should proceed to the APC. Mr. Sheldon said the rezoning could be continued indefinitely
and it should become apparent very quickly whether the City and the property owner are moving
together or apart.
J!U
Page 16/EAGAN CITY COUNCIL MINUTES
July 10, 1990
Councilmember Pawlenty asked if the property was rezoned to R-3, what would be the
maximum number of units that could be constructed. Director of Community Development Runkle said
approximately 125. The Councilmember then asked Mr. Crawford if the property owner proposed
reducing the number of units below 156. Mr. Crawford said they would propose a number somewhere
between 124 and 156. Councilmember Pawlenty asked if they would be apartments and Mr. Crawford
said they would.
Mr. John Gustin of 3061 Woodlark said the issue was rezoning. He said there was no PD and
no vested interest but if the Council delayed, there would be. He asked the Council to take the
opportunity now to rezone. Mr. Gustin said it is a high-density area and he asked that the Council do
the right thing and do it now-rezone to R-3.
The City Administrator said that City staff had discussed what Mr. Crawford was proposing but
would require direction from the City Council regarding the density. Mr. Hedges said that when Study
Area R was discussed at the previous meeting, Councilmember Pawlenty had raised a question
regarding law enforcement calls. Mr. Hedges said Chief of Police Geagan had done a fine job in
putting together a Crime Summary information sheet for rental versus non-rental properties. Mr. Hedges
said the information sheet had indicated the heavier densities in the City related to a higher number
of police calls.
Mr. Crawford said he was very dismayed by the Police Department report. He said he had seen
this type of information many times and if this is a legitimate concern, it should have been brought to
their attention sooner so they could have presented countervailing information. He asked what the City
was saying, that renters are bad and are criminals? Mr. Crawford reiterated that if it related to the
rezoning decision, it should have been brought to their attention. Councilmember Pawlenty said the
report was a product of an ongoing discussion. He said when the reasons for undergoing the study
were discussed, health, safety and welfare issues were among them. Councilmember Pawlenty said
that one of the drawbacks of too much R-4 property seems to be a disproportionate use of City
services.
Mayor Egan said that Mr. Berman, representing Hillcrest Development, had questioned the legal
criteria of error or a material change in circumstances in regard to Area K of the Multifamily Residential
Land Study. The City Council left that some of the original rezoning, which created certain blights and
problems, had been in excess. The Council requested at that time that the Police Department provide
this information. Mayor Egan went on to say that Mr. Sheldon's memo clearly addresses the legal
issues of this rezoning. The purchase agreement in 1975 still anticipated other documents. There is
no PD agreement.
Wachter moved, Pawlenty seconded, a motion to approve a rezoning of Area C of the
Multifamily Residential Land Study consisting of approximately six acres located at the southwest comer
of Pilot Knob Road and Lone Oak Road from PD R-4 to PD R-3, and the City Attorney was directed to
prepare a findings of fact. Aye: 5 Nay: 0
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA R/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction of the item by the Mayor and City Administrator, Councilmember Pawlenty said
that in view of the City Attorney's analysis, he did not see how the City could move ahead with this
rezoning and comprehensive guide plan amendment.
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Page 17/EAGAN CITY COUNCIL MINUTES
July 10, 1990
Gustafson moved, Wachter seconded, a motion to deny a rezoning of approximately 53.5 acres
from R-4 to R-1 and of approximately 6 acres from R-4 to PF and a comprehensive guide plan
amendment for Area R with the intent of removing this area from the Multifamily Residential Land Study,
located along Johnny Cake Ridge Road, south of Diffley Road in the northwest and southwest quarters
of Section 28 and the northwest quarter of Section 29. Aye: 5 Nay: 0
APPOINTMENT/ADVISORY PARKS & RECREATION COMMISSION
The City Administrator introduced this item by saying that Sandra Wensmann had resigned from
the Commission and John Griggs, the Alternate, was interested in a full-time appointment. Five
individuals had indicated an interest in serving on the APRC including Dennis Seiz who is presently
serving as the Alternate on the Solid Waste Abatement Commission. Mr. Hedges said he had apprised
Mr. Seiz of City Council policy not to appoint one member to two commissions. Mr. Seiz had indicated
to Mr. Hedges that if he was not appointed to the APRC, he wished to remain on the Solid Waste
Abatement Commission.
After a ballot, John Griggs was appointed to fill the remainder of a three year term on the
Advisory Parks and Recreation Commission and Lee Markell was appointed to fill the remainder of Mr.
Griggs' Alternate term.
RESIGNATIONIAPPOINTMENT
SOLID WASTE ABATEMENT COMMISSION
After balloting, Dennis Seiz was appointed to fill a vacancy on the Solid Waste Abatement
Commission and Floyd Hiar was appointed to fill the remainder of Mr. Seiz's Alternate term.
AUTHORIZATION/ADDITIONAL CONSULTANT COST
CORRIDOR TASK FORCE MEETINGS
The City Administrator said that legal and technical consultants had been retained to provide
additional information and attend meetings of the Corridor Task Force. In the opinion of Mr. Hedges
and Assistant to the City Administrator Hohenstein, additional input is needed from the consultant but
budget constraints are of concern. Mr. Hedges said they have come to a vital point in the process and
additional costs will be incurred.
Councilmember Gustafson said he is serving on the Task Force and while he objected to the
first $30,000 and this $4,000, he is convinced it is necessary.
Gustafson moved, McCrea seconded, a motion to authorize additional consultant service in an
amount not to exceed $4400 for the firm of G. Bogan and Associates to provide support for the
Eagan/Mendota Heights Corridor Task Force meetings. Aye: 5 Nay: 0
RENEWALS/1990 TRAILER PERMITS
City Administrator Hedges reported that John Olinger, Administrative Intern, had taken pictures
of all existing trailers in the City. Mr. Hedges said that while the number of trailers is diminishing, there
OC2 2
Page 18/EAGAN CITY COUNCIL MINUTES
July 10, 1990
are still a few left. Mr. Hedges said direction was needed from the Council regarding the disposition
of each permit.
Councilmember McCrea said the Fritz trailer was there last year and the applicant talked of
plans to build a home at that time. The Councilmember McCrea said this permit received its first
renewal in 1980-10 years ago.
Councilmember Wachter said the City has the criteria for renewal of trailer permits and it just
has to be enforced. After further discussion, Councilmember Gustafson asked if there was zoning for
mobile homes. Councilmember McCrea said that no trailers were allowed to exist except for one year
to build a home. She said that was why the Fritz trailer permit was originally granted. Councilmember
Gustafson said he saw no reason to approve any. City Administrator Hedges said he was not trying
to initiate a public hearing, however, considering that many were renewed in the past, the mobile home
owners may wish to appear and present their cases. The City Administrator said perhaps a letter could
be sent asking for a response by a certain date as to what each of the trailers is being used for and
if it is found not to be a valid use, then the permit could be revoked. He said the City did not wish
to create a hardship. Mayor Egan suggested a 'show cause' procedure where a letter would be sent
calling for the trailer owner to appear before the Council. He said perhaps an agenda in late August
or September would be appropriate.
Mr. Marvin Fritz then approached the Council and said he had just received a letter July 9. He
said he would not need a renewal of his permit as he was building a house.
Mrs. Earl Marotzke said she has had a trailer on Gun Club Road since 1964 and said she
believed her trailer was 'grandfathered' in. She said there have been no complaints about her trailer
and she hoped the Council would not take it away. Councilmember McCrea said that the Marotzke
trailer was grandfathered in and did not need a permit.
Wachter moved, McCrea seconded, a motion to approve the trailer permit for Earl Marotzke, 535
Gun Club Road, to withhold action on the Marvin Fritz permit, and to send a letter to the following
permit holders asking them to show just cause why their permits should not be revoked:
Tripp Oil Company, 3085 Highway 13
Lyle Schultze, 1315 Carriage Hills Drive
American Homes, 3660 Dodd Road
Aye: 5 Nay: 0
REVISED STANDARD CONDITIONS OF PLAT APPROVAL
Wachter moved, Gustafson seconded, a motion to approve the revised standard conditions of
plat approval as presented in Exhibit A. Aye: 5 Nay: 0
SPECIAL USE PERMIT/STEININGER CONSTRUCTX)N
McCrea moved, Gustafson seconded, a motion to approve the special use permit for Steininger
Construction to operate a concrete recycling plant in the northwest quarter of Section 13 as presented
with the following conditions:
0('233
Page 19/EAGAN CITY COUNCIL MINUTES
July 10, 1990
1. Dust control procedures shall be utilized.
2. Hours of operation shall be limited to 7:00 am. to 7:00 p.m., Monday through Saturday.
3. An annual review and renewal of the permit which, if renewal is denied, will provide the
applicant with a six-month notice for termination.
Aye: 4 Nay: 1 (Pawlenty, voted against just on land use issue)
VARIANCE/11M CAMERON
Gustafson moved, McCrea seconded, a motion to approve a 12' variance from the 30' setback
for a sun porch located at 1918 Bear Path Trail, Lot 1, Block 3, Suncliff First Addition. Hardship is
shown as staff, not applicant, error. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/ R & B INVESTORS
After introduction by the Mayor, City Administrator Hedges said that Jerry Braun of Simeks had
been at the meeting earlier and had expressed concerns that the building did not meet setback
requirements. Community Development Director Runkle said the setbacks conform to the plan that was
approved. Mr. Runkle said the conditional use permit application had been before the Advisory
Planning Commission and the sign meets all spacing and size requirements.
Wachter moved, Gustafson seconded, a motion to approve a conditional use permit for a pylon
sign for R & B Investors located south of Duckwood Drive in the northwest quarter of Section 15
subject to the following conditions:
1. Pylon sign shall be internally lighted.
2. The entire pylon and sign shall meet the 10' setback from all property lines.
3. The pylon sign shall meet Ordinance requirements and be subject to a one-time sign
fee of $2.50 per square foot.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/BROADWAY PIZZA
The Council determined that the $1799 owed by the owner of the subject property as a part
of a trunk storm sewer project, was the obligation of that property owner, not the applicant, and would
place a hardship on the applicant if approval of the conditional use permit was tied to its payment.
McCrea moved, Pawlenty seconded, a motion to approve the conditional use permit application
for Broadway Pizza to allow on-site 3.2 beer and wine in a CSC (Community Shopping Center) district
located at Rahn Road and Beau D'Rue Drive in the northeast quarter of Section 19, subject to the
following conditions:
1. The necessary permits are approved by the City's Police Department.
2. All other applicable ordinances are adhered to.
Aye: 5 Nay: 0
Page 20/EAGAN CITY COUNCIL MINUTES 00234
July 10, 1990
RELOCATION/BEER AND WINE L ICENSE/BROADWAY POZA
McCrea moved, Pawlenty seconded, a motion to approve the relocation of the beer and wine
license for Broadway Pizza from 2113 Cliff Road to 3902 Beau D'Rue Drive. Aye: 5 Nay: 0
ORDINANCE AMENDMENT/CHAPTERS 11 & 13
EAGAN CITY CODEIPAST DELINQUENT BILLS
City Administrator said this procedure had been discussed in the past and now the ordinance
had been prepared. He said it is not the intent of staff to look for applicants 60 day in arrears but use
the ordinance only as a tool. Mr. Hedges said it is a mechanism to provide accountability without the
tax base to tolerate those who are not paying.
Mayor Egan asked what would constitute a 'history' of not promptly paying bills? He asked
if that was sufficiently specific. City Administrator Hedges said the City would have to exert a
reasonable interpretation and only apply the ordinance to those who are flagrantly in arrears.
Councilmember McCrea said the City needs to remain sensitive as this is an untested area. The
Councilmember asked if the ordinance had gone to the Developers Task Force. Community
Development Director Runkle said no, and added that it was only a mechanism to try to collect from
those who had gone beyond a reasonable payment period. City Administrator Hedges said that if staff
felt it necessary to implement, the City Council would be notified.
Wachter moved, Gustafson seconded, a motion to approve the ordinance amendments of the
Eagan City Code, Chapters 11 and 13, pertaining to 'Past Delinquent Bills.' Aye: 5 Nay: 0
PRELIMINARY PLAT/OAKS OF BRIDGEWATER
After introduction by Mayor Egan, City Administrator Hedges said this item had gone to the
Advisory Planning Commission on June 26, 1990, and the Commission had recommended approval.
Director of Community Development Runkle said this is a replat of 37 acres into 59 single family lots
as part of the overall Eagan Hills Farms PD. Mr. Runkle said water quality requirements had been
incorporated into this plat. He said all lots are larger than 12,000 sf and is more sensitive to the
topography than the original proposal.
Councilmember Wachter said he had received a call from Ray Hagen who is concerned about
the trees near his property. Mr. Runkle said it was his understanding that the pine trees in question
will be saved. Mayor Egan said that Chuck Hall, the original property owner, planted the trees and
would likely have a concern for keeping them.
Councilmember Pawlenty asked about access to the remaining Hall property in event Mr. Hall
wishes to subdivide. Community Development Director Runkle said through continuation of the street;
however, it is not anticipated at this time. Mr. Rick Packer of Sienna Corporation said restrictive
covenants on the property do not allow any further subdivision of the Hall property.
Wachter moved, Gustafson seconded, a motion to approve a preliminary plat for the Oaks of
Bridgewater as applied for by Sienna Corporation subject to the following conditions:
These standard conditions of plat approval as adopted by Council action on September
15, 1987, shall be complied with:
A1,B1,B2,B3,B4,C1,C2,C5,D1,El,F1,andG1.
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Page 21/EAGAN CITY COUNCIL MINUTES
July 10, 1990
2. No variances shall be granted to the Shoreland Ordinance.
3. Mr. Charles Hall may keep his horses until Phase II of this development occurs.
4. The existing home on Lot 12, Block 4, shall change its address into conformance with
the new addresses established.
5. Lot 12, Block 4, shall connect to City sewer and water when Phase II of this
development occurs.
6. The development is required to submit detailed plans and specifications for the
construction of the proposed retaining walls prior to final plat approval.
7. The development is required to provide a cash dedication for the fulfillment of water
quality requirements for the 4.5 acres of this site along Wescott Road and Bridle Ridge
Road.
8. The development is required to extend sanitary sewer service to the westerly adjacent
property between Pond JP-19 and Bald Lake.
Aye: 5 Nay: 0
SOUTHERN LAKES/PRELIMINARY PLAT
JOINT POWERS AGREEMENT
City Administrator Hedges said that after a second public hearing conducted by the Advisory
Planning Commission, staff had been working with the development regarding a Joint Powers
Agreement.
Community Development Director Runkle said two lots have been added to the original plan:
one additional lot in the 'loop' and one more along the northern cul de sac. Secondly, in regard to
the joint powers agreement, staff requested direction regarding the assessment issue.
Director of Public Works Colbert said that a segment of the sanitary sewer system, in
accordance with the Comprehensive Sewer Plan, had been intended to serve a portion of Inver Grove
Heights and, therefore, was built accordingly and equates to 1000 single family lots. The Metropolitan
Urban Sewer Area (MUSA) boundary of the district is consistent with the borders of Eagan and Inver
Grove Heights; however, Eagan's sanitary sewer district incorporated in this project, extends beyond
the MUSA boundaries. Ordinarily, it is very difficult to change the boundaries but the developer has
convinced the Metropolitan Council to do so. The City of Eagan's sanitary sewer is designed to
accommodate a limited area within Inver Grove Heights. At issue is that historically, a trunk area
sanitary sewer is assessed over the boundaries of the development being served. The developer is
objecting to this policy as much of the property will be used as a golf course. The developer is
recommending a trunk area sanitary sewer assessment over the original district only as that is what the
City intended to service.
Mr. Colbert then addressed the water service to the property. Mr. Colbert said the City had not
intended to service any area other than Eagan. However, it will be quite some time before Inver Grove
Heights plans to service this development. The developer is requesting that Eagan service the area;
Inver Grove Heights would maintain the system. The golf course will be served by a private well. The
developer will extend a 12' trunk water main along Cliff Road and anything beyond that could not be
serviced without a booster station or reservior. If that were to occur, it could be addressed with an
amendment to the joint powers agreement at that time. The developer has expressed a willingness to
pay the trunk water assessment but does not feel it is justified over the entire golf course area as it will
not be served by City water. If the entire development were within Eagan, all trunk sewer and water
area systems would be assessed even though not all services would be used. That has historically
been up to the landowner as to how much they want to use.
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Page 22/EAGAN CITY COUNCIL MINUTES
July 10, 1990
Mr. John Vogelbacher of Southern Lakes Partnership said the situation is accurate and it is a
critical issue. Mr. Vogelbacher said the previous estimate for assessment was $70,000 and when
considering the number of units, it amounts to more than 3 or 4 times the normal charge. He said he
had done assessment searches on several golf courses and Parkview, for instance, had never been
assessed. Two others had been assessed but very small amounts because it was so many years ago.
He also checked Wedgewood in Woodbury and it had not been assessed for utilities. Also, Deer Run
had received no assessment for its golf course. Southview Country Club's assessments were
overturned by the Supreme Court.
Mr. Vogelbacher said they were not looking for special treatment because it is a golf course.
It is presently dedicated as an outlot and it will not be developed because of covenants with the home
sites. It will not use water and sewer service. He said there was no reason to sway from normal policy
because if it were developed to need water and sewer, it would require changing the joint powers
agreement. Mr. Vogelbacher said they want to meet their obligation to the City and with 80 acres of
assessable area west of the boundary, they are paying more, relative to the area being developed or
actually being served.
Mayor Egan asked if there were any other development, could it be controlled through the joint
powers agreement. Director of Works Colbert said yes.
Councilmember Wachter said he felt uneasy. He said Eagan is always the one to concede.
He said the City always puts in the improvements and Inver Grove Heights never wanted to put
anything in. He asked why the City should deviate. He said Inver Grove Heights should make the
changes.
Mr. Vogelbacher said Inver Grove Heights had made the request to the Met Council for
deviation from the MUSA boundary. Their reaction to the proposal was based on good land use
decisions. In reference to the City's policy, Mr. Vogelbacher said Parkview was the most recently
developed and had not been assessed. Councilmember Wachter said there was no policy at that time;
however, if Parkview were developed today, the policy would be different.
Mayor Egan said approving the proposal would encourage a quality development.
Gustafson moved, McCrea seconded, a motion to approve a preliminary plat for Southern Lakes
as revised to reflect the inclusion of thirteen rather than eleven single family lots subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council action on September
15, 1987, shall be complied with:
A1,B1,B2,83,B4,C1,C2,C5,D1,El,F1,andG1.
2. The Joint Powers Agreement shall be completed and approved by the City Council prior
to final plat approval.
3. Extension/construction of City trunk water main, sanitary sewer, and storm sewer must
be approved by City Council prior to final plat approval.
4. The development is required to treat the site generated storm water runoff in accordance
with recommendations identified in the City's Water Quality Management Plan prior to
discharge into Pond LP-30.
5. That this proposal shall be subject to a cash parkland dedication.
6. That this proposal shall be subject to a cash trail dedication.
Aye: 5 Nay: 0
Page 23/EAGAN CITY COUNCIL MINUTES
July 10, 1990
00237
Egan moved, Gustafson seconded, a motion to approve proposed area assessments as outlined
by the developer in the a Joint Powers Agreement as developed by the City of Eagan and the City of
Inver Grove Heights. Aye: 5 Nay: 0
Note: A Comprehensive Guide Plan Amendment and a Rezoning for the Southern Lakes
development were approved at the May 17, 1990, City Council meeting.
ADMINISTRATIVE AGENDA
VARIANCE/JOHN VAUGHN
Egan moved, Gustafson seconded, a motion to continue the variance for John Vaughn, Lot 9,
Block 2, Mallard Park 2nd Addition, to the August 7, 1990, regular City Council meeting.
Aye: 5 Nay: 0
MINNESOTA PUBLIC RADIO
City Attorney Sheldon said that Council would recall that Minnesota Public Radio had made a
request for its facility to the City Council in April of this year and Council had performed a considerable
review of their application for a variance and conditional use permit. On June 21, MPR through its
attorneys requested that the Board of Adjustments and Appeals reconsider the conditional use and
variance issue. After contacting City staff, Mr. Sheldon said they had learned that prior to this time,
MPR had approached the City requesting a different site for this facility and had submitted an
application. Mr. Sheldon said they had also been advised that it has not been City policy over a
number of years, to process multiple applications for one piece of property, or in the alternative, the
same application for different pieces of property. Mr. Mahlum, the attorney for MPR, was apprised of
this policy and Mr. Mahlum demanded notice of this policy and an official response. Mr. Sheldon said
two City ordinances come into play and the one that deals with the Board of Adjustments and Appeals
provides that the City Council consider an appeal within 21 days of the date it was submitted and then
60 days from the date of the submittal, make a decision. Mr. Sheldon said MPR's request can be
received for consideration at this meeting and then continued for a period of time to make a decision.
Secondly, the City Attorney said that the City Code provides that once a request for variance or
conditional use are made, a similar request cannot be made for a period of 12 months unless the
applicant can show to the satisfaction of the Council that the conditions that were present when the
earlier request was filed have changed or that the request is substantially different. It was Mr.
Sheldon's advice to the City Council that before they address Minnesota Public Radio's request before
the Board of Adjustments and Appeals, the City Council should make a determination as to whether
the request for variance and conditional use permit that has been submitted to the City for a new piece
of property is essentially the same facility as requested in the earlier application. If that is the case,
the new request cannot be made for 12 months after final action on the request before the Board of
Adjustments and Appeal.
Ms. Christina Stalker said that, first of all, it is Minnesota Public Radio's desire to come to an
acceptable resolution of their request and its subsequent denial. It is only because the City Code
requires that certain things be done within a certain period of time that she has approached the City
Council in order to appeal to the Board of Adjustments and Appeals. From the legal point of view, Ms.
Stalker said they must go by the requirements in the City Code and exhaust all remedies. If there is
a vehicle in the City Code for administrative remedies and reconsideration by the City Council, then Ms.
Stalker said she must follow the Code descriptions. She said it was not an attempt by MPR to come
at the City Council from two directions. She said the request was for the Council to consider MPR's
OC233
Page 24/EAGAN CITY COUNCIL MINUTES
July 10, 1990
appeal and to receive a response from the Council in the form of a decision by August 7, the last City
Council meeting before the 60-day deadline. Mr. Mahlum's office could then work with the MWCC and
come back to the City Council either with an application, a written consent from the MWCC or
something more solid so they can achieve a resolution to this matter. Ms. Stalker said she was not
aware of any other authority that would require Minnesota Public Radio to either abandon its statutory
rights to appeal this decision or follow up with an application. Ms. Stalker said they did not agree with
City Attorney Sheldon's interpretation that this is the same application.
After brief discussion, City Attorney Sheldon said there were two actions necessary for the
Council to take: 1) to receive for consideration MPR's appeal to the Board of Adjustments and Appeals
for reconsideration of their April 3, 1990, decision to deny MPR's variance and conditional use permit
applications and 2) to make an interpretation of the City Code as to whether the most recent application
from MPR is the same application for the same facility at a different location. Mr. Sheldon also said
that a report from the City Planner would probably be necessary giving the specifics of MPR's
application and an analysis from that Department whether that application is substantially different so
that the Council can make a decision on the facts of the issue. Councilmember Gustafson said that
it seemed that the radio tower request on Site A was distinctly different than the radio tower request
on Site B. He said the difference was the site; the towers are the same and the height is the same
but the site is different. City Attorney Sheldon said what they are asking for are 'use' items. He said
it is an arguable point and something the Council has an inherent right to make a decision on. Mr.
Sheldon said he would check the State law as to when the 60 days the Council has to make a decision
begins. He said the City Council has 60 days from the date of submittal in which to make a decision
but it was not clear as to whether that is 60 days from the date of submittal to the Council or submittal
to the City.
Egan moved, Wachter seconded, a motion to make an interpretation, once the appropriate
information is provided, of the City Code as to whether the second application from Minnesota Public
Radio is the same application for the same facility at a different location or an entirely different
application. Aye: 5 Nay: 0
Egan moved, Wachter seconded, a motion to receive for consideration Minnesota Public
Radio's appeal to the Board of Adjustments and Appeals for reconsideration of their April 3, 1990,
decision to deny MPR's variance and conditional use permit applications. Aye: 5 Nay: 0
EXTENSION/TOWN CENTRE 100 5TH FINAL PLAT
Wachter moved, Gustafson seconded, a motion to extend the timeframe to record the final plat
for Town Centre 100 5th Addition to July 30, 1990. Aye: 5 Nay: 0
PARK & RIDE/RAHN ROAD
Director of Public Works Colbert said that with the closure of Rahn Road, the MTC would be
rerouting their bus service down Nicols Road. The MTC is, therefore, requesting that a temporary Park
& Ride be approved for on-street parking on Nicols Road. The temporary parking would be for 2-3
months. Due to the inconvenience on-street parking would cause Nicols Road residents, the City
Council recommended that the MTC attempt to make other off-street parking arrangements.
Page 25/EAGAN CITY COUNCIL MINUTES 00 39
July 10, 1990
RESOLUTION/WEST PUBLISHING
Pawlenty moved, McCrea seconded, a motion to direct staff to prepare a resolution for a
feasibility study to be performed for the upgrading of the intersection of Highway 149 and Becker Road.
Aye: 5 Nay: 0
R-90.47
CHECKIJST
Wachter moved, Egan seconded, a motion to approve the checklist dated June 30, 1990, in the
amount of $1,053,243.42 and the checklist dated July 3, 1990, in the amount of $599,335.46 dated July
3, 1990.
ADJOURNMENT
The meeting was adjourned at 1:30 a.m. on July 11, 1990.
CITY OF EAGAN
E. J. Overbeke, City Clerk
KF
EXHIBIT A dKEylseb
STANDARD CONDITIONS OF PLAT APPROVAL QC2,.O
A.
B.
C.
Financial Obligations
1. This development shall accept its additional financial
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.
Easements and Rights-of-Wa
1. This development shall dedicate 10' drainage and utility
easements centered over all common lot lines and adjacent
to private property or public right-of-way.
2. This development shall dedicate, provide, or financially
guarantee 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 or
accommodate it.
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. This development shall dedicate adequate drainage and
pending easements to incorporate the required high water
elevation necessitated by City storm water storage volume
requirements.
Plans and Specifications
1. 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, engineering standards, guidelines and policies.
2. A detailed grading, drainage, erosion, and sediment
control plan must be prepared in accordance with current
City standards prior to final plat approval.
3. This development shall insure that all temporary dead end
public streets shall have a cul-de-sac constructed in
accordance with City engineering standards.
STANDARD CONDITIONS OF PLAT APPROVAL
PAGE TWO
00241
4. A detailed landscape plan shall be submitted on the
proposed grading plan. The financial guarantee shall be
included in the Development Contract and not be released
until one year after the date of installation.
5. All internal public and private streets shall be
constructed within the required right-of-way in
accordance with City Code and engineering standards.
D. Public Improvements
1. If any public improvements are to be installed under a
City contract, the appropriate project must be approved
at a formal public hearing by Council action prior to
final plat approval.
E. Permits
1. This development shall be responsible for the acquisition
of all regulatory agency permits in the time frame
required by the affected agency.
F. Parks and Trails Dedication
1. This development shall fulfill its parks dedication
requirements as recommended by the Advisory Parks and
Recreation Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a
cash dedication in addition to/in lieu of ponding
requirements in accordance with the criteria identified
in the City's Water Quality Management Plan.
H. Other
1. All standard platting and zoning conditions shall be
adhered to unless specifically granted a variance by
Council action.
Advisory Planning Commission
Approved:
Revised:
City Council
plataprv.con
LTS T2
00242
A special
July 17, 1990
Present were
Gustafson and
City Attorneys
Marnin.
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 17, 1990
meeting of the
at 5:30 p.m.
Mayor Egan, an
McCrea. Also
Sheldon and
Eagan City Council was held on Tuesday,
at the Eagan Municipal Center building.
3 City Councilmembers Pawlenty, Wachter,
present were City Administrator Hedges,
Dougherty and City Planner I Kristi
SENECA PLANT MEDIATION
City Administrator Hedges presented an update of the unresolved
issues presently stalling the Seneca Plant mediation sessions. City
Attorney Dougherty, the City of Eagan's designate to the mediation
sessions, outlined two issues: the first being the DNR's insistence
that they are required to issue two water appropriation permits for
the Seneca Plant, and the second item relating to the total quantity
of water appropriated by the Metropolitan Waste Control Commission on
a permanent basis during the operation of the plant. Councilmember
Wachter inquired as to the legal status of the DNR's position of two
permits versus the ability to require that only one permit be issued.
City Attorney Dougherty indicated that the Courts grant the agency
whose job it is to interpret their regulations great latitude and
deference in their interpretations. Betty Bassett, a resident of
Wuthering Heights, indicated that she felt that the amount of water
being appropriated and the number of permits were directly tied
together and requested that the City Council not endorse the two
permits for the plant. City Attorney Dougherty indicated that a
compromise could potentially be accomplished whereby the MWCC agreed
to limit its appropriation to 3 million gallons per day on a 30 day
average as opposed to the 4 million they could receive under the two
permits. Betty Bassett advised as to her efforts in dealing with the
Minnesota House of Representatives to amend the DNR rules to provide
for one permit. Councilmember Pawlenty suggested that a compromise on
the quantity of dewatering with the MWCC would appear to make sense
unless a better deal could be achieved by going directly to the
Legislature. Mayor Egan expressed the same opinion and stated it was
important that the water resources not be wasted and at the same time
that the wetlands be preserved. He further acknowledged that it was
apparent that much had been accomplished through the mediation
0G2 3
sessions and hoped that a reasonable compromise could be reached
between the City, the residents and the MWCC.
ADJOURNMENT
There being no further
approximately 6:30 p.m.
Dated: July 17, 1990
business, the meeting was adjourned at
Van erbeke, City Clerk
OC244
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 17, 1990
A regular meeting of the Eagan City Council was held on Tuesday, July 17, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, City Planner Jim Sturm, Director of Public
Works Tom Colbert, and City Attorney James Sheldon.
AE3I113
........................
........................
........................
City Administrator Hedges recommended the following changes to the agenda:
Item C, Public Hearings, Woodlands North Addition, request to continue to the September 4, 1990,
regular City Council meeting.
Item A, New Business, Ordinance Amendment, Residential Off-Street Parking, after brief discussion,
this item will be continued to the September 4, 1990, regular City Council meeting.
Item J, New Business, Comprehensive Guide Plan Amendment/Rezoning, Area D, Multifamily
Residential Land Study, request to continue to the August 7, 1990, regular City Council meeting.
Pawlenty moved, Wachter seconded, a motion to approve the agenda as amended.
Aye: 5 Nay: 0
There were no minutes to be approved at this meeting. The minutes of the July 10, 1990, regular
City Council meeting will be distributed with the August 7 City Council information.
DEPARTMENT I BUSINESS
PUBLIC WORKS/REVIEW DRAINAGE CONCERN
BLACKHAWK GLEN 1ST ADDITION
Director of Public Works Colbert said a letter of concern had been received from the property
owner at 1668 Ashbury Road. He said the letter indicated excessive runoff and erosion problems associated
with the house under construction behind the home on Ashbury. Mr. Colbert said the overall drainage
pattern is functioning properly, however, at Council's request the issue was placed on the agenda.
Lynn Lewis, 1668 Ashbury Road, said she was also representing the homeowners located at 1556,
1560, 1564 and 1572 Ashbury. Ms. Lewis said that even with the "super storm" of 1987, they did not have
significant problems until construction began behind their homes in the Stoney Pointe additions. She said
the contours have changed considerably and the slopes in Stoney Pointe 2nd Addition are extreme. Because
of heavy rains this year, Ms. Lewis said several erosion problems have resulted from lots on Lakeview Curve.
She said they were also concerned about possible ice damming this winter. Ms. Lewis said that some of
the residents had purchased hay bails to keep the sediment out of their yards. She said there is so much
sediment that it needs to be removed from around the trees and yards. She asked if the City could
influence the builder to correct these problems. She said they were willing to work with anyone to get some
of the water redirected.
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JULY 17, 1990
Mayor Egan asked what leverage the City has with Meritor regarding sediment, erosion and drainage
problems. Director of Public Works Colbert said the property has been sold by Meritor to individual
builders. Mr. Colbert said he was unaware of any leverage that could be used to pursue Meritor.
Mayor Egan said that it was obvious from the photographs provided by Ms. Lewis that there is a
path of dirty water leading into the Lewis backyard. He then asked if that was a reasonable dispersal of
surface water and at what point it could be considered trespass? City Attorney Sheldon said it was a
difficult question and one that would have to be answered on a case by case basis. Mr. Sheldon said
whenever you find surface water diverted among homeowners--either intentionally or negligently--the
common law test becomes a test of reasonableness. The reasonable use test requires consideration of
alternatives and determining whether the benefit to the diverter's land outweighs the harm to the land
receiving surface water. Mr. Sheldon said this test had been established over a long period of time in the
State of Minnesota. The second issue is when the City's drainage easements become obstructed and
diverted to the point it significantly affects the City's drainage responsibility, the City has the right and
obligation to become involved. The test that is applied to the City is not a reasonableness test at this point,
but simply that the City is providing a public benefit and it is its obligation to provide that. You do not
necessarily have the right to the reasonableness of the diversion of surface water. Mr. Sheldon said there
are two different scenarios: surface water runoff that is between neighbors and the surface water runoff that
is part of the City's storm drainage system.
Director of Public Works Colbert said the problem would be significantly reduced once the lots are
completed but until the area is completely restored, the homeowners will experience these problems. Mr.
Colbert said it is an issue between two property owners. Brief discussion then ensued regarding the
monitoring of the grading and landscaping of individual properties under construction. With 2,000 active
building permits at any one time in the City, Mr. Colbert said it would involve intensive costs and
personnel. Mr. Colbert said that the problems would still exist even if the time limit for restoration was
shortened. Councilmember McCrea said that perhaps a fine system could be used to support the need for
additional staff.
Councilmember McCrea asked if a letter could at least be sent to the builders asking them to take
immediate steps to correct the erosion problems or it would be done for them at their expense.
Councilmember Wachter said this is a problem with a builder and the homeowners should go after the
builder.
Mayor Egan said there was no easy solution to the problem. He said it would be a policing
nightmare and that stricter enforcement would lead to greater legal exposure to the City. He said these
cases would not be easy to win and many are best left as a matter between private landowners. Mayor Egan
suggested that perhaps staff could review and make a recommendation to the City Council regarding
alarming circumstances that would allow at least some enforcement. City Attorney Sheldon said the
homeowners also have the right of counsel and the court system.
No formal action was taken.
....................................................
....................................................
A. Personnel Items
1. It was recommended that members of the Police Officers/Investigators collective bargaining
unit be included in the City of Eagan's flexible spending account plan which will become effective July 29,
1990.
2. It was recommended that Troy Christopherson and Brian Hansen be hired as seasonal park
maintenance workers.
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July 17, 1990
B. Plumbers Licenses
It was recommended the plumbers licenses be approved as presented.
C. Resolution Authorizing Submission of the City's Legal Fees Regarding McCarthy Lawsuit to
LMCIT for Reimbursement
It was recommended that the resolution authorizing submission of the City's legal fees regarding
the McCarthy lawsuit to LMCIT for reimbursement be approved. R-90.48
D. Deferment of Senior Citizen Special Assessment
It was recommended the senior citizen deferment for special assessments for Erik and Shirley
Erikstrup for parcel #10-02800-010-80 be approved as presented.
E. Declare Surplus Property/Advertise for Bids, 1986 Snowmobile, Police Department
It was recommended that the 1986 Arctic Cat Cougar snowmobile be declared surplus property
and it be advertised for bid with a minimum bid of $1,800.
F. Final Plat, Summer Place Second Addition
It was recommended that the final plat for Summer Place Second Addition be approved.
R-90.49
G. Contract 90-02, Change Order #1 (Park Shelter Building Construction)
It was recommended that Change Order #1 to Contract 90-02 for park shelter building construction
in the amount of $6,997.40 be approved.
H. Contract 89-07, Acknowledge Completion/Authorize Final Payment (Well #14)
It was recommended that the 6th and final payment for Contract 89-07 (Well #14) in the amount
of $1,800 to E.H. Renner & Sons, Inc., be approved.
1. Contract 89-08, Approve Change Order #2 (Wells #14 & #15, Pumping Facilities)
It was recommended that Change Order #2 for Contract 89-08 (Wells #14 & #15 - Pumping
Facilities) be approved and the Mayor and City Clerk authorized to execute all related documents.
J. Project 88-U, Acknowledge Completion/Acceptance For City Maintenance (Michael Sill Addition
- Streets & Utilities)
It was recommended that completion of Contract 88-U (Michael Sill Addition - Streets & Utilities)
be acknowledged and the assumption of perpetual maintenance by the City be authorized subject to
appropriate warranty provisions of the development agreement.
K. Project 586, Receive Final Assessment Roll/Order Public Hearing (South Oaks - Streetlights)
It was recommended that the final assessment roll for Project 586 (South Oaks Addition -
Streetlights) be received and a public hearing scheduled to be held on August 21, 1990.
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July 17, 1990
L. Project 575, Receive Final Assessment Roll/Order Public Hearing, (James Street & Court -
Streetlights)
It was recommended that the final assessment roll for Project 575 (James Street & Court -
Streetlights) be received and a public hearing scheduled to be held on August 21, 1990.
M. Contract 88-26, Acknowledge Completion/Authorize Final Payment (Daniel Drive - Streets &
Utilities)
It was recommended that the fourth and final payment for Contract 88-26 (Daniel Drive - Streets
& Utilities) be approved in the amount of $9,539.72 to Imperial Developers, Inc.
N. Project 88-J, Acknowledge Completion/Accept For City Maintenance (Deerwood Addition -
Streets & Utilities)
It was recommended that the completion of Contract 88-J (Deerwood Addition - Streets & Utilities)
be acknowledged and the assumption of perpetual maintenance by the City authorized subject to appropriate
warranty provisions of the development agreement.
0. Project 88-I1, Acknowledge Completion/Accept For City Maintenance (Woodlands Addition -
Streets & Utilities)
It was recommended that the completion of Contract 88-II (Woodlands Addition - Streets &
Utilities) be acknowledged and the assumption of perpetual maintenance by the City be authorized subject
to appropriate warranty provisions of the development agreement.
P. Contract 90-09, Approve Plans/Authorize Ad For Bids (West Publishing 3rd & Wilmus Addition
- Trunk Storm Sewer)
It was recommended the plans for Contract 90-09 (West Publishing 3rd Addition & Wilmus
Addition - Trunk Storm Sewer) be approved and the advertisement for a bid opening authorized to be
held at 10:00 a.m., Friday, August 17, 1990.
Q. Amendment, Landscape Ordinance, Chapter 10, Sections 10.20, Shade Tree Control and
prevention; and 10.21, Planting and Maintenance of Trees and Grass on Private Property
It was recommended that the amendment to the City Code Chapter 10, Sections 10.20 and 10.21
concerning landscape regulations be approved.
Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda.
Aye: 5 Nay: 0
Note: Councilmembers McCrea said she was concerned about how late Council meetings had been
going and was particularly concerned about decision making at such long meetings. She said she did not
feel comfortable making decisions regarding radio towers, union negotiations, and lawsuits at that hour of
the morning. She said she would take part in meetings that go beyond 1:00 a.m. but would not vote after
that hour in the future. Councilmember Pawlenty also expressed similar concerns. He said ways to
improve, such as additional meetings, would have to be found.
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July 17, 1990
?!i3.lE3?aw irit)??QS
REVISED FEE SCHEDULE
BEER, WINE AND LIQUOR LICENSING AND REGULATION
After introduction by Mayor Egan, City Administrator Hedges said there had been a long review
process of the revised liquor policy. He said the City Council had asked staff to study the licensing fees
and now staffs findings were being returned to the City Council with a recommendation for a fee structure.
Mr. Al Baker served as spokesman for the individual license holders. Mr. Baker said he had serious
concerns about the drastic increase in some of the licensing fees. He said he agreed that administering the
licensing should not cost the City money; however, he did not think the fees should exceed the cost of
administration. He questioned whether the increased costs were necessary. He said as in any business, they
wish to remain competitive. He asked that the Council not attempt to support the budget with these fees
but just to consider the costs of administration.
Councilmember McCrea said there should be some increase for inflation but the recommended on-
sale wine and liquor fees had resulted in a tremendous increase. She said the large fees would have a direct
impact on the smaller operators. She said the Council would have to also consider the economic
development impact of the fee increases.
Administrative Assistant Witt said the fee schedule was only a recommendation and a compromise
would be something near the average.
Mr. Dave Carbone said a fee for on-sale wine going from $200 to $2000 was out of line. One of
the owners of the Mediterranean Cruise also said the fees were much more than they can afford. He said
he had been in business for 10 years and were trying to stay in business. He said their customers come for
the ethnic food served at the Mediterranean Cruise; however, they would leave if they did not have a liquor
license. He again said the fees were more than they could afford.
McCrea moved, Wachter seconded, a motion to close the public hearing and to modify the proposed
increase in liquor license fees as follows:
Off-sale beer $75
On-sale beer $350
On-sale wine $400
On-sale liquor $4000
With reevaluation to occur in two years. Aye: 4 Nay: 1 (Gustafson)
WATER QUALITY POND JP-67
After introduction by the Mayor, City Administrator Hedges said that the City Council received the
feasibility report at the June 19 meeting and scheduled the public hearing for the July 17 regular City
Council meeting. He said this project is the first under the Water Quality Management Plan. Mr. Hedges
said that a neighborhood meeting was held on July 11 to inform adjacent property owners of the
improvements and its impact on their properties.
Director of Public Works Colbert said this project would create a storm/surface water runoff pond
to handle and treat runoff prior to discharging into Fish Lake. Mr. Colbert said the pond would consist
of a two-cell treatment process to maximize nutrient removal. In addition, Mr. Colbert said that as a result
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July 17, 1990
of the neighborhood meeting, concerns were expressed regarding the loss of vegetation as well as the safety
of the pond. The Director of Public Works said the neighbors are suggesting as a part of security, that a
chain link fence be installed with shrub screening planted in front of it. Mr. Colbert said staff has told
the homeowners they will work with them; however, staff has not gone into any detail on a landscaping
plan at this time. Mr. Colbert said the treatment basin's estimated cost, including storm sewer construction,
landscaping and easement acquisition, was $102,130.
Mr. Rich Widner of the Hidden Oaks Homeowners Association said their major concerns are: 1)
that one of their residents could lose her daycare license because of the pond and 2) landscaping to replace
trees lost due to excavation of the pond. After a question from Councilmember Wachter, Mr. Widner said
the daycare license would not be lost if the pond were fenced. Director of Public Works Colbert said they
would work with the neighbors within the budget for landscaping and fencing. However, if it was not
adequate, staff may have to come back to the Council for additional funding.
McCrea moved, Wachter seconded, a motion to close the public hearing, approve Project 594,
Water Quality Pond JP-67 and authorize the preparation of detailed plans and specifications along with
acquisition of easements through condemnation if necessary. Aye: 5 Nay: 0
PROJECT 596/WOODLANDS NORTH ADDITION
Gustafson moved, Pawlenty seconded, a motion to continue the public hearing for Project 596,
Woodlands North Addition (Streets and Utilities) to the September 4, 1990, regular City Council meeting.
Aye: 5 Nay: 0
PROJECT 597/HILLS OF STONEBRIDGE 3RD ADDTTION
After introduction by Mayor Egan, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates,
provided the background for this public hearing. In reviewing the upstream drainage for this pond, those
properties in the drainage district not yet assessed for trunk area storm sewer, were included with the
assessment roll.
Gerald Thurston, 4251 Stirrup Street, asked where the runoff was going. Mr. Hanson explained the
sequence of the storm sewer system in that area. Mr. Thurston asked that if the lay of the land was being
changed, why the residents in the Saddle Horn Addition had to pay for it. He said minutes of previous
City Council meetings said the City would pay. He said if they were to be charged, they should have been
charged in 1980 and at that rate. Mr. Colbert said the City does not pre-assess properties and assessments
are not levied until the improvement occurs.
Mr. Larry Guthrie, an attorney for United Mortgage, the developer of the Hills of Stonebridge 3rd
Addition, said there is no bounce to pond JP-27 thereby necessitating its drainage into pond JP-53. Mr.
Guthrie said this situation, however, was not created by the development of Stonebridge 3rd Addition. Mr.
Guthrie also asked that the developer not be required to pay any of the construction costs associated with
JP-27. Mr. Guthrie added that however the project is assessed, it should be done through an assessment
mechanism rather than holding up the 3rd Addition platting process. He said it was not right that
downstream properties had to pay the costs.
Mr. Tom Hoffman, Saddle Horn Addition, said the assessments were paid in 1980. He said that
if there are water problems now, the developer should pay for them.
After additional discussion, Mr. Colbert said it was hoped that ponds for the storm sewer system
would be dedicated as part of the development process. However, it is the development of the Hills of
Page 7/EAGAN CITY COUNCIL MINUTES
July 17, 1990
Stone Bridge that is forcing the need to create JP-27. Mr. Colbert said that he can understand the
developer not wanting to pay for the pond because they have dedicated a ponding area to handle the runoff
from their development. But because the development is occurring now, the system will start backing
upstream. The developer creating the need should have some obligation for the creation and acquisition of
the ponding area or the developer should have to wait until development around JP-27 occurs and the
holding capacity of the pond is upgraded. Councilmember Gustafson asked if the City or the Hills of
Stonebridge 3rd Addition paid for the development of JP-27, what would the future obligation be of the
developer of the presently undeveloped property surrounding JP-27? Mr. Colbert said there was no
provision for the future reimbursement of these costs.
After hearing discussion regarding the possibility of splitting the costs of acquisition of Pond JP-
27 between the City and the developer, a resident of 5249 Stirrup Street asked what the City Council
planned to do to help the homeowners with their assessments. Mayor Egan said the opportunity to discuss
the amount of assessments would be afforded them at the final assessment hearing.
Gustafson moved, Wachter seconded, a motion to close the public hearing, approve Project 597,
Hills of Stonebridge 3rd Addition (Trunk Storm Sewer), authorize the acquisition of easements through
condemnation if necessary, with the provision that the acquisition costs for Pond JP-27 be equally divided
between the developer and the City of Eagan, and authorize the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
Mr. Guthrie asked that the City Attorney look into finding out if a future developer could be
required to reimburse the cost of the pond. City Councilmember McCrea asked if the City should bear the
legal costs of researching this issue or whether it should be an expense to the developer. The City
Administrator said it would be a billable expense to the developer.
PROJECT 589/ELRENE ROAD & KOST ROAD
After introduction by the Mayor, Mark Hanson said Project 589 provides for the upgrade of Elrene
and Kost Roads. Mr. Hanson said the upgrading of Elrene Road would include widening the existing 24'
wide rural roadway to a 36' wide urban roadway. He also said the upgrading of Kost Road will consist
of regrading the existing rural gravel roadway and constructing a 32' wide bituminous urban roadway. The
upgrade of both roads will also include utility construction and a bituminous trail, in accordance with the
City's Master Trail Plan, is preliminarily planned along the east side of Elrene Road.
Mr. Bob Engstrom, the developer of the Woodlands North, said he had concerns regarding the
costs, the aesthetics and safety. He said that originally, Elrene Road had to be 36' wide but now, Mr.
Engstrom said it is his understanding, that the State has changed their guidelines and may allow a much
narrower roadway than was previously permitted. Mr. Engstrom said it would save the beauty of the
roadway by having a narrower width in addition to alleviating costs. Mr. Engstrom then asked about the
the rate of assessments. He said they had reduced the density of their project but are still being assessed
at the higher density rate. Mr. Colbert said the rate is based on present zoning and will be reduced if at
the time of the final assessments, the density is lower.
Mayor Egan then asked about the possibility of reducing the State-required street widths. Mark
Hanson said he only recently became aware of the new guidelines and said potentially the street widths
could go as low as 26' to 28' with State aid. The Director of Public Works said he would have significant
reservations about those widths in this instance. He said 44' was no longer necessary because West
Publishing will not have direct access onto Elrene Road. However, Mr. Colbert is still concerned even
though the State may allow the reduced width. He said a 36' width would be a good compromise.
Councilmember Pawlenty asked what the guidelines were for a 28' roadway. Mr. Colbert said no more than
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July 17, 1990
300 vehicle trips a day. Mark Hanson said that traffic projections for Elrene Road are for 3500 vehicle trips
a day. Director of Public Works Colbert pointed out that if the property is downzoned, the developer
would receive the lower rate for a 32' roadway and any oversizing to 36' would be the responsibility of the
City. Mr. Engstrom asked that they think in terms of function. He said there are a minimum number of
curb cuts and with a reduced street width, there would be reduced runoff, increased safety, etc. He said a
narrower road would work based on function. He said the State's willingness to decrease street widths was
a significant break through and should certainly be discussed.
Mr. Steve Bryant of West Publishing said they have reviewed the project and generally agree. West
asks that the boundaries of pond JP-17 not be defined before the property is developed. They ask that
sanitary sewer stubs be provided for the one residential lot on West's property and that the appropriate
assessment rate structure be reviewed. Mr. Bryant said that West would have some safety concerns
regarding a street width lower than 36' but agreed with the desire to have a minimum impact on the area.
Ms. Beverly Carson, 3765 Elrene Road, asked if they were being assessed because they access
directly onto Elrene Road. Director of Public Works Colbert said that reconstruction of streets is financed
in part by those taking direct access onto these streets. He said there are others who use Elrene, however,
they will pay the costs when their local streets are reconstructed. Mr. Colbert said Ms. Carlson's property
was being assessed based on a 32' roadway just as someone living on an internal street and also based only
on front footage.
Ms. Monica Hoovestol, of 3775 Elrene Road, said widening the road will increase the speeds on
Elrene. She said people abide more by speed limits on narrower roads.
Wachter moved, Gustafson seconded, a motion to close the public hearing, approve Project 589,
Elrene Road and Kost Road (Streets and Utilities) and authorize the preparation of detailed plans and
specifications along with acquisition of easements through condemnation if necessary. Aye: 5 Nay: 0
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
DIFFLEY/CEDAR PLANNED DEVELOPMENT/KOLDT PROPERTIES
After introduction by Mayor Egan, the City Administrator said that the City Council had reviewed
this application in the past and specific concerns raised by the City Council have been addressed in a
development agreement. The development agreement was included with information provided to the
Council for this meeting.
Councilmember Pawlenty said this is a high-quality project and one deserving of close scrutiny.
However, the Councilmember said when he considered his vote, he thought of comments on the R-4 study
regarding downzoning and asked himself how he could square those comments with voting in favor of this
project. He said these are high quality apartments but the developer of Area C in the Multifamily
Residential Study has said they would come back with a plan for high quality apartments. Councilmember
Pawlenty said he was having a hard time squaring the two issues.
Mayor Egan said he had gone through the same process. However, he said, mistakes in prior
zonings tended to be both ways. Mayor Egan said if they could recognize that some properties should not
have been zoned multiple, they should also recognize that some properties should have been. It is a
question of whether this particular rezoning is preferable to the present zoning. Mayor Egan said this is
a quality product on a very visible parcel. He said the neighbors were up in arms over Area C of the R-
4 Study but the few comments the City has received from these neighbors has been positive.
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July 17, 1990
Councilmember Gustafson said the total density of the Diffley/Cedar project is R-3 versus R-4. He
said while there are some apartments included in the project, the overall density is R-3. Councilmember
Gustafson also said if they did not rezone this property, he was concerned that it would be a hodgepodge
of six different parcels with different zonings.
Councilmember McCrea said the Council had to look at each parcel individually. She said the more
she looked at this project the more convinced she became that the developer was willing to work with staff
to offer a quality development.
Councilmember Wachter said he objected to the previous plan. He said he thought this was a good
site for a different type of development. Councilmember Wachter said he had not changed much since
making that statement. He said considering the reports from the Fire Department, the Police Department
and the school, he didn't think he could vote in favor.
Councilmember Pawlenty asked the City Attorney if the Council approved this project, what the
consequences would be to other actions. City Attorney Sheldon said that any time a rezoning is granted,
it is held up as an example. He said that should not be a determining factor and each action should stand
on its own.
Mayor Egan said the purpose of the R-4 Study was to eliminate R-4 zoning where it was
inappropriate, not eliminate R-4 altogether. He said if the underlying zoning is less appropriate than what's
being proposed, it provides an opportunity for a superior project. Councilmember Pawlenty said he is still
concerned regarding the increased or disproportionate number of demands on City services for this type of
zoning. Mayor Egan said there could be less demand on City services for R-3 and R-4 than the underlying
commercial on this property.
Councilmember Pawlenty said the developer had gone through a lot of work but needed to
understand that a lot has happened since they were last before the Council. Councilmember Pawlenty said
that possible legal consequences needed to be considered. He said he did not want to mislead the
developer, but circumstances have changed. Mr. Mike Gould of Koldt Properties said that they were caught
up in the R-4 Study even though these properties were not part of it. He said they have come a long way
since their initial proposal and he believes theirs' is a superior use for this site.
Mayor Egan told the developer that if the project would lose on a 3/2 vote, it could not be brought
back for reconsideration for one year. Mr. Gould said they would like the opportunity to deal with the fire
and safety issues prior to putting the project to a vote.
Gustafson moved, Egan seconded, a motion to continue to the September 18, 1990, regular City
Council meeting, the comprehensive guide plan amendment for specification of a development within an
existing CPD (commercial planned development) of approximately 41 acres. Aye: 5 Nay: 0
AMENDMENT/CITY CODE CHAPTER 10
RESIDENTIAL OFF-STREET PARKING
Mayor Egan introduced this item and asked if it was to be continued. City Administrator Hedges
said the City had received a number of complaints about off-street parking and the City Council had asked
that an ordinance be addressed. Community Development will look at the ordinance to see how it applies
to the zoning ordinance; therefore, staff is requesting a continuance. Mr. Hedges said any discussion would
indicate whether staff was on the right track with this ordinance.
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July 17, 1990
After brief discussion, Gustafson moved, Wachter seconded, a motion to continue the amendment
to City Code Section 10.51, Residential Off-Street Parking, to the September 4, 1990, regular City Council
meeting. Aye: 5 Nay: 0
RESOLUTION/OOLI.ABORATIVE AIRPORT PLANNING
After introduction by Mayor Egan, Jon Hohenstein, Assistant to the City Administrator, said that
the resolution prepared by the City of Eagan includes a reference to including the Metropolitan Council
in the collaborative airport planning process.
Gustafson moved, McCrea seconded, a motion to approve a resolution expressing support for
collaborative community airport planning as presented. Aye: 5 Nay: 0 R-90.50
LICENSES/SERVICE STATION & CIGARETTE
DUCKWOOD 66 SERVICE STATION/3575 PILOT KNOB ROAD
Councilmember Wachter expressed his concerns regarding cigarettes and children's accessibility to
them. Mr. Brian Karin of Phillips 66 said cigarettes would not be dispensed through a vending machine
and that Phillips 66 will comply with all State laws and regulations.
Gustafson moved, McCrea seconded, a motion to approve the service station permit for Duckwood
66 Service Station located at 3575 Pilot Knob Road. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the cigarette license for the Duckwood
66 Service Station located at 3575 Pilot Knob Road. Aye: 5 Nay: 0
RESOLUTION/TEMPORARY NOTE
McCrea moved, Gustafson seconded, a motion to approve the resolution authorizing issuance of
a temporary note to provide funding for development district #2 and the purchase of the temporary notes
from available funds. Aye: 5 Nay: 0 R-90.51
SPECIAL USE PERMIT/WOODLAND ELEMENTARY SCHOOL
PORTABLE CLASSROOMS
McCrea moved, Gustafson seconded, a motion to approve a special use permit for Woodland
Elementary School to permit the continued use of two portable classrooms at the school site. Aye: 5
Nay: 0
VARIANCES/AL HERRMANN CONSTRUCTION
After introduction by the Mayor, City Administrator Hedges said the City had received an
application from Al Herrmann Construction for variances on three lots. No action was required by the
Advisory Planning Commission and the variances were presented directly to the City Council for their
consideration.
City Planner Jim Sturm said all three variances were straight forward and all were located on Pilot
Knob Road or Cliff Road. Mr. Sturm said when upgrading occurred for these streets, the right-of-way was
increased in both locations. As a result, he said the lot widths are somewhat smaller. None of the lots in
question has direct access onto Cliff or Pilot Knob. The three lots were in conformance originally but now
because of the right-of-way increase, it has made it difficult to build on these lots without a variance.
Page 11/EAGAN CITY COUNCIL MINUTES
July 17, 1990
0(1254
Because the change in right-of-way would result in a hardship to the builder, Gustafson moved,
Wachter seconded, a motion to approve applications for a 20' variance to the 50' setback from major
thoroughfares for the following: 1) Lot 1, Block 2, Fairway Hills Addition, 2) Lot 1, Block 5, Fairway Hills
2nd Addition, and 3) Lot 4, Block 1, proposed Fairway Hills 4th Addition subject to the following
conditions:
1. All other setbacks shall be met.
2. All applicable Ordinances shall be adhered to.
Aye: 5 Nay: 0
REZONING/PRELIMINARY PLAT
TRINITY LONE OAK CHURCH ADDITION
After introductory remarks by Mayor Egan and City Administrator Hedges, City Planner Sturm said
that because this expansion will result in the final development phase of this property, platting is necessary.
In addition, the City Code does not allow the expansion of a non-conforming use, therefore, rezoning is also
necessary. Mr. Sturm said that all setbacks have been satisfied with the exception of the driveway which
has a setback of approximately 6' from the adjacent agricultural property. The City Planner pointed out,
however, that the driveway is situated in the same location as the existing driveway. The Advisory Planning
Commission recommended approval.
Gustafson moved, Wachter seconded, a motion to approve the rezoning of approximately 9.95 acres
of Ag (Agricultural), R-4 (Multiple) and GB (General Business) to a PF (Public Facilities) district and a
preliminary plat consisting of one lot and a cemetery subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15,
1987, shall be complied with:
Al, B1, B2, B4, Cl, C2, Dl, El, and Fl
2. A setback variance of 14' for the parking area along the south property line.
3. All trash and recycling materials shall be contained within the building or the enclosure shall
be attached to the building and constructed of the same materials as the building.
4. No rooftop mechanical equipment shall be visible from the streets.
5. A drainage and utility permit will be required from MnDOT for the storm water drainage
which is directed towards the State Highway right-of-way.
6. The development is required to extend sanitary sewer to the southerly adjacent property.
7. Additional hydrant coverage is required along the parking lot area southeasterly of the existing
school building.
8. A cash contribution of $7,916 is identified as the development's requirement in accordance
with the criteria identified in the City's Water Quality Management Plan.
Aye: 5 Nay: 0
PRELIMINARY PLAT/COVENTRY PASS 3RD ADDITION
UNTIED MORTGAGE CORPORATION
Mayor Egan introduced this item and City Administrator Hedges said it had gone to the Advisory
Planning Commission at their June 26, 1990, meeting and they had recommended approval. City Planner
Sturm said this item is a revision to the overall plan. He said the developer had changed a through street
to a cul de sac thus necessitating another hearing before the APC. Mayor Egan asked how the utilities on
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Page 12/EAGAN CITY COUNCIL MINUTES
July 17, 1990
the Inver Grove Heights side of the development were being handled. Mr. Sturm said a Joint Powers
Agreement had been developed.
Councilmember Wachter questioned the use of so many cul de sacs and the impact they would have
on maintenance. Director of Public Works Colbert said all cul de sacs were up to code and with the
acquisition of the proper equipment, maintenance has become more manageable.
City Administrator Hedges said the Advisory Parks and Recreation recommendation had been
received and park dedication requirements are identical to those associated with the 1st addition.
Pawlenty moved, McCrea seconded, a motion to approve the preliminary plat for Coventry Pass 3rd
Addition consisting of 50 R-1 lots on approximately 19.8 R-1 acres east of Dodd Road in the east half of
Section 24 subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action of September 15,
1987, shall be complied with:
Al,B1,B2,B3,B4,C1,C2,C3,C5,DI,El,F1and01.
2. No direct roadway access shall be allowed on Dodd Road.
3. The development is required to provide sanitary sewer service to the existing sanitary sewer
(provided with the Hills of Stonebridge development) which is located on the east side of
Dodd Road approximately 40' north of this development.
4. A cooperative agreement between the cities of Inver Grove Heights and Eagan is required to
ensure that the quantity and the quality of storm water runoff generated by this development
which flows from Pond JP-56 (located within Inver Grove Heights) into the City of Eagan storm
sewer system is in accordance with the requirements identified in the City's Storm Water
Management Plan and Water Quality Management Plan.
Aye: 5 Nay: 0
PRELIMINARY PLAT/GALAXIE CLIFF PLAZA 2ND ADDITION
GALAXIE CLIFF PLAZA PARTNERSHIP
After introduction by Mayor Egan and City Administrator Hedges, City Planner Sturm provided
background on this item. Mr. Sturm said that the Park Nicollet Medical Center will own and be the sole
tenant of the building. He added that there had been a change to the site plan with the elimination of the
drive through area in front of the building, however, it did not change the layout of the site. The building
is all brick and all trash and recycling areas have been designated to be located within the building. Mr.
Sturm said a cross-parking agreement has been developed and parking is adequate.
Mr. Sturm said that at a neighborhood meeting, one of the concerns raised by the residents was
where Plaza Drive would access Galaxie Drive. Mr. Sturm said there has been some discussion regarding
the advisability of allowing Fire Station #5 and this development to retain duplicate access to Galaxie
within such a short distance. Mr. Sturm said it has been suggested that the fire station could connect to
Plaza Drive. Councilmember McCrea asked if staff was recommending they keep the road as is. Mr. Sturm
said there was merit to both. He said the reason the fire station has direct access now was to avoid the
commercial traffic; however, retaining both accesses creates a 3/4 acre triangle of property with no chance
of development. Councilmember McCrea said she had no preference as to which access was kept; however,
she said it would be a safer to consolidate them.
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July 17, 1990
Councilmember McCrea asked why it was being recommended that Plaza Drive go through at this
time. City Planner Sturm said completing this street was an agreement with the first application. Mayor
Egan said one of the objections to piecemeal development, was that the roads were left incomplete.
Director of Public Works Colbert said there are problems inherent with incomplete road construction and
there comes a point where it becomes beneficial to provide loop maintenance of the streets in addition to
extending the utilities.
Councilmember McCrea asked about cross parking and whether all parties were agreeable to work
toward sharing parking. Developer Brad Swenson said they were and that oversize parking facilities had
been developed previously in anticipation of sharing the parking facilities.
At this point, Mr. Swenson wished to make a comment in relation to the water quality assessment.
He said that in concept, the water quality plan benefitted the community; however, the benefits had to be
balanced with the costs and right now, it is proposed that a $.50/square foot cost be paid by the developer.
Mr. Swenson said if that is added to the park contribution fee, trail fee, water charge and upgrading the
storm sewer, it would add another dollar per square foot to the cost of that site. Mr. Swenson said that
did not include the hard costs, such as, streets, storm sewer, surveying, and grading. He said costs such as
these are beginning to make this development unfeasible. He said it was a matter of fairness and he didn't
think the charge was fair after already dedicating 2.5 acres on this site for storm ponding purposes.
Councilmember Gustafson asked if the water quality charge was against the 2.1 acres proposed for
the medical building. Director of Public Works Colbert said it was and was based on the criteria that this
development requires a little less than one acre foot of wet pond, incorporating a little less than .3 acres,
to treat the surface water runoff from this type of development to an acceptable water quality standard
before it can be discharged. Mr. Colbert said the water quality management program was put together
with the intent that the development treat their water whenever possible. However, he said if cash
dedication becomes a burden, it would be acceptable for Lot 1 to reduce its impervious surface and dedicate
approximately .3 of an acre to provide 95/100 of an acre foot of water quality ponding. Mr. Colbert said
it should be noted, however, as future platting occurs each one will be required to provide similar water
quality ponding dedication. Staff felt it would be more efficient and economical for cash dedication but the
City would certainly accept pond construction as part of the development process.
Councilmember Gustafson said he had serious concerns about the dollar amount associated with
the water quality program. Director of Public Works Colbert said these land values for dedication are the
same as for park land dedication so they will incur the same dollar obligation as for park dedication. Mr.
Colbert said it sounds like a large dollar amount but the value of the property is very significant also. Mr.
Colbert said the reason they could not identify the ultimate water quality ponding requirements right now
is because they do not have a defined site plan for the outlots indicating the amount of impervious surface,
parking lots, buildings, etc.
Councilmember Gustafson said he assumed that the runoff from this development would go into
the existing pond. He asked if it would be adequate for the entire 20 acres or would more be needed. Mr.
Colbert said, generally speaking, the City would need about 9 acre feet of storage capacity. Mr. Colbert
added that the existing pond was not dedicated but was purchased by the City. Therefore, part of the
dedication is to reimburse for that acquisition. Mr. Colbert said a similar comparison would be the
Coventry Pass 3rd Addition. That development dedicated the land and constructed the ponds to the
appropriate size to meet the water quality standards at their expense to meet the water quality requirements.
Councilmember Pawlenty said if the developer had to dedicate the ponding area and pay the fee, that
seemed excessive. However, the Councilmember said if the City acquired the pond area and now is
requesting a fee, that is a different analysis and the question would be if the fee is fair. Director of Public
Works Colbert said if the Council feels uncomfortable with the value of the cash dedication, certainly the
Page 14/EAGAN CITY COUNCIL MINUTES
July 17, 1990
062 57
actual development of a pond would be acceptable from a water quality perspective. Mayor Egan asked if
staff would be comfortable with that solution. Mr. Colbert said they would not be as comfortable because
it would result in a series of smaller ponds with each lot that gets platted. Staff feels it could be handled
more efficiently if the ponds were consolidated but that would require a cash dedication.
Councilmember Gustafson said he would prefer the consolidation rather than a series of small ponds
and said it would be more efficient. However, Councilmember Gustafson felt that perhaps the discrepancy
between the residential rate and commercial rate was too great. Councilmember Pawlenty said the point
of this discussion as he understood it, is whether the rate is fair or should the Council revisit the issue.
However, he said if the Council was going to reopen the entire water quality fee structure, he did not want
to do it at this meeting. Councilmember Gustafson said it is an issue of fairness. He said his concern is
that if there are amenities or development they would like to see in Eagan and they do not occur because
of the rate structure, then that isn't fair. But then he said it also becomes an issue of affordability in the
City of Eagan. Mayor Egan said water quality is a program that the City will have to see implemented and
adopted. In terms of fairness and affordability, Mayor Egan said the results of the program will have to
be taken into consideration.
Mr. Bill Soules said he is not directly involved with this particular situation. However, he said the
Water Quality Management Plan would have an impact on him with other developments. Mr. Soules said
if the fee schedule for the Plan is allow to stand, there would be serious problems getting property
developed. He said the issue is whether it is fair and practical to interpret as staff is recommending. Mr.
Soules said that Eagan is presently a "hot spot" for real estate development but it is not so hot that it's
worth a premium. He said Eagan is in competition for real estate development and they have to be
competitive. He asked that the Council not insist upon the wrong course until all the responsible
developers have left. He said the City should let it be known that it is willing to temporarily suspend the
ordinance until they can go over the issue and analyze the consequences and whether they are contrary to
what the Council's intentions were.
Councilmember Gustafson asked Mr. Swenson if a possible alternative might not be for them to
provide ponding in lieu of a cash dedication. Mr. Bill Soules said to his knowledge, they were not paid
anything for the acquisition of the existing pond. Mr. Soules said they were told that dedication of the
pond was a condition of plat approval. He said this parcel is in such close proximity to the pond, that the
pond that already exists and has been dedicated to the City of Eagan should be allowed to be the settling
pond for this parcel.
Councilmember Pawlenty said he would be interested in knowing if the City had paid to acquire
ponding easements on this parcel or whether Mr. Soules was correct in saying that it was a condition of
platting the property. He said that information would have an impact on his decision.
Mr. Greg Maloney, 4713 West Wind Trail, said he lives across the street and he agrees with the
road coming into West Wind Trail. He said when the fire station was approved, it was agreed that it would
try and fit into the neighborhood. Mr. Maloney said two accesses look terrible and also cause some major
safety concerns. He said he wanted to go on record as coming to the City Council and telling them that
this is the type of intersection that will cause some real problems and death. Mr. Maloney recommended
the fire station access Galaxie from Plaza Drive.
Mayor Egan said the assessment issues will have to be resolved. Mr. Swenson said they have a
problem because Park Nicollet is on a fast track and any delays would harm their development.
Councilmember Pawlenty then addressed the escrow issue. Mr. Swenson said he had been working
with staff and they were making progress. The City Administrator said he had received information on the
Page 15/EAGAN CITY COUNCIL MINUTES
July 17, 1990
escrow balances and the negative balance was now offset by a positive balance. Councilmember Pawlenty
asked if there were any assurances that this matter will be cleared up to everyone's satisfaction before going
any further. City Attorney Sheldon said the question is whether the City can be assured that Tri-Land
will pay all its negative escrows and we believe we have enough information and background to say that
will be accomplished, however, we cannot say that it is an accomplished fact already.
Director of Public Works Colbert said there had been additional concerns regarding an incomplete
punch list. Mr. Colbert said Mr. Swenson had worked with staff to complete these items; however, they
must be completed prior to the public hearing on August 7. Councilmember Pawlenty said it was very
important to follow up on both points. The Councilmember said that was the understanding under which
these issues have moved forward.
Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for Galaxie Cliff Plaza
2nd Addition consisting of 7.59 acres with one lot and an outlot for a medical clinic located west of Plaza
Drive in the northwest quarter of Section 32 subject to the following conditions:
1. These standards of plat approval as adopted by Council action on September 15, 1987, shall be
complied with:
Al, B1, B2, B3, B4, Cl, C2, C5, D1, El, Fl, and G1
2. Cross parking and ingress/egress easements shall be provided. 103 parking stalls shall be
allowed.
3. No regular ambulance service shall be allowed.
4. All trash and recycling areas shall be contained in the building.
5. All mechanical rooftop equipment shall not be visible from Plaza Drive.
6. The building shall be constructed of brick on all four sides.
7. Tree planting shall be allowed in the right-of-way as per the landscape plan dated 617/90. Only
overstory ash trees shall be allowed in the right-of-way.
8. All signage ordinances shall be adhered to.
9. The construction of streets and utilities under public contract to serve this development must
be authorized by Council action prior to final plat approval.
10. The development is required to provide ponding and/or a cash dedication as fulfillment of the
water quality requirements in accordance with the City's Water Quality Management Plan.
11. All landscaped areas shall be irrigated.
12. The extension of Plaza Drive shall be completed to Galaxie Avenue and one outlet established
from Fire Station #5 and the Galaxie Cliff business area to line up with West Wind Trail.
In addition, consideration is to be given to vacating "old" Galaxie Avenue. In both instances,
dedication of additional right-of-way may be required.
Aye: 5 Nay: 0
Councilmember McCrea then asked a question about quality control of the architectural theme
between the buildings in the development. Gary Nyberg of Hammel Green said the brick used in the
development will be compatible but not identical. Mr. Soules said that architectural compatibility as to
design and materials will be maintained throughout the development.
Councilmember Pawlenty said one issue that should be addressed is the Water Quality Management
Plan. The Councilmember said he wasn't sure if it is necessary to revisit the entire policy but if the policy
is fair then it should be applied across the board otherwise every time a developer complains, the policy
will be negotiated. City Administrator Hedges said at the heart of the issue is if development is to continue
in the City, the City's public policy position should be to avoid a cost incurment by the residents of the
City or the storm water utility fund. The City Administrator suggested that some scenarios be put together
062 59
Page 16/EAGAN CITY COUNCIL MINUTES
July 17, 1990
in addition to information for the Council so it can be determined if the calculations and methodology are
accurate or not. Councilmember Pawlenty asked if implementation of the plan should be suspended until
the issue is reviewed. The Councilmember was concerned that small and large developments be treated
equitably. Councilmember McCrea said she too was concerned with equity and had advocated an appeals
process.
Director of Public Works Colbert said one of the strongest comments to come out of the
Developers Task Force was that the plan be applied equitably. Mr. Colbert said part of the rate difference
between this development and Opus, for instance, was the amount of impervious surface. He said that while
Opus has a great deal of green space, the Galaxie Cliff project is so intensely developed that there is almost
no green space.
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA D/MULTIFAMILY RESIDENTIAL LAND STUDY
McCrea moved, Gustafson seconded, a motion to continue to August 7, 1990, the Comprehensive
Guide Plan Amendment and rezoning of Area D of the Multifamily Residential Land Study.
Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA I/MULTIFAMELY RESIDENTIAL LAND STUDY
After introduction by the Mayor, City Administrator Hedges said that staff had reviewed this item
and a hearing had been held before the Advisory Planning Commission at their June 26 meeting. The APC
is recommending that the Comprehensive Guide Plan amendment from D-III (Mixed Residential, 6-12 units
per acre) to D-I (Single Family) be denied but have made no recommendation as to the rezoning. Mr.
Hedges said that the Advisory Parks and Recreation Commission is also requesting direction regarding
whether the area should be reviewed for additional park land needs. City Planner Jim Sturm asked that
Council consider a Comprehensive Guide Plan amendment from D-III to D-II (Mixed Residential, 0-6 units
per acre).
Mr. John Dobney, representing Bill Smith and Associates, said basically they feel that some type
of intermediate type of zoning and change in the Comprehensive Guide Plan would be in the best interests
of the City and the developer. He said that on this particular parcel, there are approximately $34,500 in
current assessments and some additional assessments pending. Mr. Dobney said they have been told the
property cannot be economically developed as single family residences. He said that after consideration,
the Advisory Planning Commission was recommending a Comprehensive Guide Plan amendment from D-
III to D-II.
Councilmember Gustafson asked if the Council could take action to amendment the Comprehensive
Guide Plan from D-III to D-II or if the matter would have to be referred back to the Advisory Planning
Commission. City Attorney Sheldon said it would have to go back to the APC for public hearing.
Mr. Harry Lemeiux was angry when an apartment building went in next to his property. He said
he was told that it had gone to the Metropolitan Council and the property would always be multifamily.
He said they tried to cooperate with the various developers but would like the Council to consider what
the APC had recommended. Mayor Egan said that because of the location, it seemed difficult to rezone
this property to single-family. Councilmember Pawlenty agreed. The Councilmember added, however, that
just as a point of procedure, he would like an opinion from the City Attorney with the packet as to the
legal basis for each of the Study's rezonings. City Administrator Hedges said he had discussed this with the
City Attorney and it was determined that they wait to provide a final opinion until such time that Council
OCZG0
Page 17/EAGAN CITY COUNCIL MINUTES
July 17, 1990
takes public input at the City Council stage and they have all the information the Council has.
Councilmember Pawlenty then said the City Council should not act until it has the final opinion. The
Councilmember said he agreed with the process but he thought the decision should be delayed as well. City
Administrator Hedges said the matter could be handled like agreements, etc, and brought back before the
Council as a Consent Agenda item.
Gustafson moved, Wachter seconded, a motion to refer the Comprehensive Guide Plan amendment
and rezoning of Multifamily Residential Land Study, Area I, to the August Advisory Planning Commission
meeting. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA J/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, City Administrator Hedges said that the public hearing had been
held at the last APC meeting of June 26. A recommendation at the Planning Commission meeting for
approval of the amendment and rezoning failed on a tie vote.
Mr. Don Sandberg, the owner of the property, said residents from the Parranto development were
concerned about what might happen along Pilot Knob Road that might disrupt their scenic view and the
loss of trees. Mr. Sandberg said their original objection to any change in the zoning had to do with taxes
and that their taxes would go from single-family to a business rate. He said he had since been informed
by the County that they will tax only on the basis of the use of the land. The house on the property is
being rented and is occupied, and any tax change would not take place until 1992. Mr. Sandberg said they
had no objection to a change in zoning to limited business or neighborhood business. He asked, however,
that the landlocked portion of their land (approximately 3 acres) south of the pond remain Agricultural.
Councilmember Wachter asked if the Dakota County Assessor's office will change the taxes along
with the zoning. Jim Sheldon said that steadfastly they have gotten the answer that it is the use not the
zoning that governs the taxes. Occasionally, however, they have found instances where the taxes have been
based on the zoning and in each instance it has been when the property is zoned agricultural. Mr. Sheldon
said that it is the County that is the determining entity for this policy. Councilmember Wachter said he
did not wish to mislead anyone regarding the taxes.
Mayor Egan asked the City Planner for some insight into the tie vote at the APC meeting. Mr.
Sturm said there were a variety of reasons among them environmental and discussion on whether the parcel
should go Neighborhood Business. The residents of the Hampton Heights area were concerned with any
type of commercial. Mr. Sturm said the APC also discussed whether there should be any action on the
property before a development proposal is brought in because of ordinance changes the City may have.
A resident asked whether assessments on the property would change if the zoning was changed.
The City Administrator said that assessments are levied at a particular rate and that would not change.
However, any new assessments would be levied at a new rate in accordance with what the zoning is.
Gustafson moved, Pawlenty seconded, a motion to continue for 30 days the Comprehensive Guide
Plan amendment and rezoning of Area J of the Multifamily Residential Land Study and request that the
City Attorney prepare a memorandum of findings. Aye: 5 Nay: 0
Councilmember Pawlenty said in reading the letter from the attorney for the Sandberg's, the City
Attorney should write his opinion as if the Council is taking action on the Comprehensive Guide Plan
amendment and rezoning forcibly. He said, based on the circumstances, the City should not imply any
consent.
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July 17, 1990
REZONING/AREA LIMULTIFAMIILY RESIDENTIAL LAND S UDY
Gustafson moved, McCrea seconded, a motion to approve the rezoning of Multifamily Residential
Land Study Area I of approximately 29 acres from R-4 (Multiple Residential, 6-12 units per acre) to I-1
(Industrial). Aye: 5 Nay: 0
YANKEE DOODLE CORRIDOR STUDY
Gustafson moved, Wachter seconded, a motion to approve authorization of the Yankee Doodle
Road Corridor Study. Aye: S Nay: 0
Mr Mike Hedstrom and Mr. Bill Turcot from BF Transport then approached the Council regarding
renting storage space in the City. They said that their transport company was being forced to move from
their present quarters in South St. Paul as the entire property they presently rent has been taken over by
Fingerhut. Mr. Hedstrom said they have reached a tentative agreement with the owner of the Ford/New
Holland building in Eagan for a five year lease; however, they have just discovered that they will need a
conditional use permit to occupy this space. Mr. Hedstrom said that BF Transport is not anxious to sign
a five year lease unless they have some assurance that their conditional use permit will be approved. He
said that the lessor is also not anxious to make improvements to the building without the lease.
After discussion regarding steps that could be taken to assist BF Transport, Gustafson moved,
McCrea seconded, a motion to acknowledge that the conditional use permit application is in process, that
the application and all fees be received by the application date required by the Advisory Planning
Commission, and, if these conditions are met, that City staff will not be directed to enforce the ordinance
until after formal action is taken at the September 4, 1990, regular City Council meeting.
Aye: 5 Nay: 0
PROJECT 598/GAL _-AXIE CLIFF PLAZA 2ND ADDITION
Gustafson moved, Pawlenty seconded, a motion to receive the feasibility report for Project 598,
Galaxie Cliff Plaza 2nd Addition - Streets and Utilities, and schedule the public hearing to be held August
7, 1990. Aye: 5 Nay: 0
STOP SIGN/DUCKWOOD TRAIL
Because of increased traffic on Duckwood Trail and Falcon Way associated with the construction
on Lexington, Wachter moved, Egan seconded, a motion to approve the installation of a stop sign at the
intersection of Duckwood Trail and Bald Eagle Court. Aye: 5 Nay: 0
PONDING EASEMEN IISKOVDALE 2ND ADDITION
The Director of Public Works said a complaint has been received from Mr. Hill, a property owner
in the Skovdale 2nd Addition, regarding the recent rains causing the storm sewer system to back up. Mr.
Hill has been experiencing an unusual phenomenon whereby two days after the rains stop, his pond starts
to rise and impact his property. Mr. Colbert said they have acquired an easement from the adjacent
property owner through an inverse condemnation action on a similar issue. He also said this is the last
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Page 19/EAGAN CITY COUNCIL MINUTES
July 17, 1990
property owner in this area to be impacted by this high water elevation. Mr. Colbert said the drainage
district has developed to the extent and the rainfall is such that the City will need to acquire a ponding
easement up to the high water elevation.
Gustafson moved, Wachter seconded, a motion authorizing negotiations for the acquisition of a
ponding easement for Lot 4, Skovdale 2nd Addition, and that the agreement will be brought back to the
Council for ratification. Aye: 5 Nay: 0
SHOOTING RANGEIJOINT POWERS
Gustafson moved, Pawlenty seconded, a motion to waive the permit fees for the police shooting
range being developed by Apple Valley in cooperation with the cities of Burnsville and Eagan except for
out-of-pocket expenses which will be split equally among the three cities. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated July 17, 1990, in the
amount of $907,217.86. Aye: 5 Nay: 0
ADJOURNMENT
The meeting was adjourned at 12:30 a.m. on July 18, 1990.
CITY OF EAGAN
I aal
E. nOverbeke, City Clerk
KF
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
August 7, 1990
A regular meeting of the Eagan City Council was held on Tuesday, August 7, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Assistant City Engineer Mike Foertsch, and City Attorney James Sheldon.
Ong"
City Administrator Hedges recommended the following changes to the agenda:
Item 0, Consent Agenda, Contract 90-01, Galaxie Cliff Plaza 2nd - Streets and Utilities, Remove
from Consent and delay action until after Item A, Public Hearings.
Item E, New Business, Area D, Multifamily Residential Land Study, Request to be continued to
the August 21, 1990, regular City Council meeting.
Wachter moved, Gustafson seconded, a motion to approve the agenda as amended.
Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the July 10, 1990, regular
City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the July 17, 1990, special
City Council meeting. Aye: 5 Nay: 0
Wachter moved, Gustafson seconded, a motion to approve the minutes for the July 17, 1990, regular
City Council meeting with the following exceptions:
Page 5, Paragraph 8, vote should be corrected to "Aye: 4 Nay: 1 (Gustafson)"
Aye: 5 Nay: 0
There was no formal Department Head Business on the agenda; however, Councilmember Pawlenty
asked to discuss the issue of billboards. He said that after the last Council vote on a billboard, he had
received a number of phone calls and letters from citizens, interest groups for the prohibition or banning
of billboards in the City. The Councilmember said it was his understanding after the last billboard vote,
that staff would review the billboard ordinance and come back with recommendations for change if they
thought any were appropriate restricting billboards further or perhaps banning them as many states and
cities have done. Councilmember Pawlenty said it would behoove this Council to look at banning them in
Eagan or at least restricting them more and would like to make a motion to direct staff to look into a ban
on any further billboards in the City of Eagan.
Mayor Egan asked the Director of Community Development if the City had received any further
applications from any billboard sign companies. Mr. Runkle said one application had been received and
would be on the August Advisory Planning Commission agenda.
Page 2/EAGAN CITY COUNCIL MINUTES
August 7, 1990
00y 264
Councilmember McCrea said she too had received much interest from residents and supports
Councilmember Pawlenty's recommendation. She asked whether the Council could reopen the last
application and Council action.
Pawlenty moved, Gustafson seconded, a motion to direct staff to investigate, from both a legal and
practical standpoint, the banning of all future billboards in Eagan including looking at retroactively removing
billboards already in existence and approved, for future discussion and consideration by the Council and a
moritorium on any further consideration of billboards until the issue has been studied.
Aye: 5 Nay: 0
Council expressed concerns regarding any retroactive action but agreed that it should be included
in any study of the billboard issue.
Councilmember Pawlenty said he had also received phone calls regarding the path installation at
Carlson Lake Park. Mayor Egan said he had received phone calls also and that Mr. Neil Raisanen was
planning to address the Council under Visitors to be Heard. City Administrator said he had discussed the
issue with Councilmember Gustafson who had also received a call. Mr. Hedges said there was nothing that
could be done this evening, Councilmember Gustafson had recommended that the issue be discussed.
Councilmember Pawlenty said he had been contacted by Mr. Tim Macalester who was puzzled as
to the number of trees that had been removed. Councilmember Wachter said he felt there should be some
answer as to why so many were removed. Mayor Egan asked that in the future, the Council be notified
whenever that many trees are going to be removed so they can be prepared in the event they are contacted
by residents. The Mayor said a letter had been received six months ago criticized the City for not doing
enough to preserve trees even though it had been designated a Tree City.
After further discussion, it was recommended that no further trees be cut until the issue is studied.
.IS 1T.AG) A
...................................................
....................................................
....................................................
Before taking action on the Consent Agenda, Mayor Egan asked if any of the Council had questions
about any item on that agenda. Councilmember Wachter wished to discuss Item H and Councilmember
McCrea, Items G & Q.
The Council briefly discussed questions that Councilmember Wachter had about the pull-type roller
being purchased by the Department of Public Works. In reference to Item G, Councilmember McCrea said
she had received calls from Larry Linkert regarding his assessments in regard to the upgrading of Pilot Knob
Road. Mr. Linkert does not feel he has been treated equitably. City Administrator Hedges said the issue
would be discussed further later in the week.
In regard to Item Q, Councilmember McCrea said that unlike the reference made in Dan Aberg's
letter, her motives were not "political or personal" and if the rest of the City Council was in support of the
Chamber of Commerce's nominee, she would let it stand.
A. Personnel Items
1. It was recommended that the hiring of Hugh Peterson as a seasonal park maintenance worker
be ratified.
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August 7, 1990
2. It was recommended that the reorganization of one Planner I position in the Planning Division
to Project Planner and the retitling of the two Zoning Administrator/Planner positions to Project Planner
be approved.
3. It was recommended that the reorganization of the Part-Time Clerical Technician 3 in
Community Development (currently vacant) to the position of Part-Time Clerical Technician in the Finance
Department be approved.
B. Plumbers' Licenses
It was recommended that the following plumbers' licenses be approved.
1. Doody Mechanical
2. Lamb Mechanical
3. Roseville Plumbing & Heating
4. Wyllie Plumbing
C. Extension, Contract for Janitorial and Park Clean-Up Service, Dakota Inc.
It was recommended that a one-year extension to the current contract with Dakota Inc. for janitorial
and park clean-up services be approved.
D. Receive Assessment Roll/Order Public Hearing, Delinquent Weed Cutting Bills
It was recommended that the delinquent weed cutting bills be received and a public hearing
scheduled for September 4, 1990, for the following final assessment roll:
Parcel Amount
10-14175-070-01 $ 84.00
10-14351-240-03 55.00
10-16704-010-11 240.00
10-44900-071-01 118.00
10-55400-060-01 55.00
10-55400-070-01 65.00
10-55400-080-01 130.00
10-56210-010-00 105.00
10-72978-130-03 186.75
10-75900-080-01 95.00
10-84476-070-01 35.41
1,224.66
E. Receive Assessment Roll/Order Public Hearing, Delinquent Utili Bills
It was recommended that the final assessment roll (Exhibit A) for delinquent utility bills be received
and a public hearing scheduled for September 4, 1990.
F. Project 510, Receive Final Assessment Roll/Schedule Public Hearing (Cliff Road')
It was recommended that the final assessment roll for Project 510 (Cliff Road - Streets & Storm
Sewer) be received and the final assessment hearing scheduled to be held at 7:00 p.m., September 4, 1990.
Page 4/EAGAN CITY COUNCIL MINUTES O 266
August 7, 1990
G. Project 466, Final Assessment Adjustments (Pilot Knob Road)
It was recommended that the proposed final assessments for Lot 4, Carlson Acres, under Project
466, be modified as presented.
H. Vehicle #131, Authorize Ad For Bids (4-Ton Asphalt Roller)
It was recommended that the advertisement for bids for Vehicle #131 (4-ton asphalt paver) be
authorized with a bid opening to be held at 11:00 a.m., on August 17, 1990.
1. Contract 90-08, Receive Bids/Award Contract (Sibley Terminal Industrial Park - Storm Sewer)
It was recommended that the bids for Contract 90-08 (Sibley Terminal Industrial Park - Storm
Sewer) be received and the contract awarded to the lowest responsible bidder.
J. Contract 90-04, Approve Change Order #1 (Rahn Road)
It was recommended that Change Order #1 to Contract 90-04 (Rahn Road) be approved and the
Mayor and City Clerk authorized to execute all related documents.
K. Contract 89-18, Acknowledge Completion/Authorize Final Payment (Lexington Way - Streets
& Utilities)
It was recommended that the 3rd and final payment for Contract 89-18 (Lexington Way - Streets
& Utilities) be authorized in the amount of $35,776.40 to Landwehr Heavy Moving, Inc.
L. Contract 89-15, Acknowledge Completion/Authorize Final Payment (Armstrong Business Center
- Utilities)
It was recommended that the 3rd and final payment for Contract 89-15 (Armstrong Business Center
- Utilities) be approved in the amount of $2,240.00 to Ceca Utilities, Inc.
M. Contract 88-X, Acknowledge Completion/Accept for City Maintenance (Bridle Ridge 2nd
Addition - Streets & Utilities)
It was recommended that the completion of Contract 88-X (Bridle Ridge 2nd Addition - Streets
& Utilities) be acknowledged and the assumption of perpetual maintenance by the City subject to the
appropriate warranty be approved. provisions of the Development Agreement.
N. Contract 89-17, Change Order #1 (Northview Park Improvements
It was recommended that Change Order #1 to Contract 89-17 (Northview Park Improvements) in
the amount of $22,226 be approved and the Mayor and City Clerk authorized to execute all related
documents.
0. Contract 90-01, Approve Plans & Specifications/Authorize Ad For Bids (Galaxie Cliff Plaza 2nd
Addition - Streets & Utilities)
It was recommended that this item be continued until after action if taken on Item A. of Public
Hearings, Galaxie Cliff Plaza 2nd Addition - Streets & Utilities.
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August 7, 1990
P. Final Plat, Autumn Ridge
It was recommended that the final plat for Autumn Ridge be approved.
R-90.52
Q. Nomination, Chamber of Commerce Representative/Eagan Ice Arena Committee
It was recommended that the Chamber of Commerce nomination of Bea Blomquist to be their
representative on the Eagan Ice Arena Committee be approved.
R. Ratification of Name Chance to Citizens Recreational Facility Committee
It was recommended that the name change of the Eagan Ice Arena Committee to the Citizens
Recreational Facility Committee be ratified.
S. Certification, Election Judges for Primary Election
It was recommended that the certification of election judges for the primary election of September
11, 1990, be approved.
T. License, Off-Sale Beer, Duckwood Phillips 66 Company. 3575 Pilot Knob Road
It was recommended that the application by Duckwood 66 for an off-sale non-intoxicating malt
liquor license for property located at 3575 Pilot Knob Road be approved.
U. Request that Metropolitan Airports Commission Consider Stage 2 Non-Addition Rule
It was recommended that the Airport Relations Committee's endorsement of the Stage 2 non-
addition rule concept to the Metropolitan Airports Commission Stage 3 utilization working group be
approved.
V. Contract 88-34, Acknowledge Completion/Authorize Final Payment (Alden Pond - Streets &
& Utilities
It was recommended that the 6th and final payment for Contract 88-34 (Alden Pond - Streets &
Utilities) be approved in the amount of $31,816.32 to Fredrickson Excavating Co., Inc.
W. Contract 90-11, Approve Plans & Specifications/Authorize Advertisement for Bids (Park Center
& Rusten Road
It was recommended that the plans for Contract 90-11 (Park Center & Rusten Road - Streets &
Utilities) be approved and the advertisement for a bid opening be authorized for 10:30 a.m., Friday, August
31, 1990.
Center
X. Project 569, Receive Final Assessment Roll/Schedule Public Hearing (Armstrong Business
It was recommended that the final assessment roll be received for Project 569 (Armstrong Business
Center - Utilities) and a final assessment hearing scheduled to be held at 7:00 p.m., September 4, 1990.
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August 7, 1990
Y. Contract 90-03, Approve Change Order #2 (Rahn Road)
It was recommended that Change Order #2 be approved for Contract 90-04 (Rahn Road) in the
amount of $13,046 and the Mayor and City Clerk authorized to execute all related documents.
Z. Contract 89-09, Change Order #2 (Johnny Cake Ridge Road - Streets & Utilities)
It was recommended that Changer Order #2 be approved for Contract 89-09 (Johnny Cake Ridge
Road) and the Mayor and City Clerk authorized to execute all related documents.
Wachter moved, Gustafson seconded, a motion to approve all items of the Consent Agenda except
Item 0, Contract 90-01, Galaxie Cliff Plaza 2nd - Streets & Utilities, which was moved to later in the
meeting. Aye: 5 Nay: 0
P.RINGS
PROJECT 598/GAI.AXIE CLIFF PLAZA 2ND ADDITION
SIREEI'S & UTILITIES
After introduction by Mayor Egan, City Administrator Hedges said the feasibility report for this
project had been received at the July 17 meeting with the public hearing to be held this evening. Mr.
Hedges said all notices had been sent to all affected property owners. He went on to say that the Fire
Department had been looking into the issue of access to Galaxie Road in relationship to response times
and vehicle movement. In addition, Mr. Hedges said that Council had requested that prior to approving
this project, the following be in order: 1) letters of credit and 2) the punchlist from Galaxie Cliff Plaza
1st Addition.
Mr. Len Newquist, of Short-Elliott-Hendrickson (SEH) then presented the background and scope
of the project as well as the method used to arrive at the rate of assessment. He asked if there were any
questions.
After asking for public comment and receiving none, Mayor Egan turned the questions over to the
Council. Councilmember Pawlenty asked the Assistant City Engineer, Mike Foertsch, if the developer had
completed all punchlist items from the 1st Addition. Mr. Foertsch said that all items had been completed.
Councilmember Pawlenty then asked about the issue related to the installation of a bituminous street
section. Mr. Foertsch said it had been resolved.
Fire Chief Ken Southorn expressed the Fire Department's concerns regarding access to Galaxie
Road. Chief Southorn said if a single drive was allowed, it would be the only one of the Fire Stations that
permitted vehicles to cross in front of the emergency doors. He then outlined several different scenarios
for access from the Fire Station to Plaza Drive and Galaxie Road.
Councilmember Pawlenty asked City Attorney regarding Outlot D and the value of Outlot D. City
Attorney Sheldon said the issue is that in one situation if there is an outlet through Outlot D, a useable
piece of property still remains. With another proposal, so much of Outlot D is utilized that it is no longer
a viable piece of property so, in essence, the City would end up buying all of Outlot D.
After much discussion regarding the alternatives, Councilmember McCrea said she would not feel
comfortable agreeing to vacate old Galaxie at one meeting and then changing her mind the next without
public input. The Council discussed whether the public hearing should be continued to review the alternate
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August 7, 1990
street layouts and associated costs; however, Assistant City Engineer Foertsch said that the schedule was
important to the developer and they would need the project approved in order for the developer to meet
the deadlines for the Park Nicollet Clinic.
With that in mind, McCrea moved, Gustafson seconded, a motion to close the public hearing and
to approve Project 598 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) subject to reports and
recommendations coming back to the Council from staff regarding the access road from Fire Station #5
to Galaxie Road with all meeting notices to be sent to affected residents. Aye: 5 Nay: 0
COUNTRY HOME HEIGHTS/STORM SEWER
After introduction by Mayor Egan, City Administrator Hedges said that on June 19, 1990, the
feasibility report for the installation of storm sewer under Project 595 was presented to the City Council
with the public hearing scheduled for this meeting.
Mark Hanson of Bonestroo, Rosene, Anderlik and Associates (BRAA) said this project was
previously discussed at a public hearing in 1982 as Country Home Heights Storm Sewer Improvements,
Project No. 351. He said that project was not approved. Mr. Hanson said that Project 595 as
recommended includes storm sewer service to the low point in Egan Avenue and through County Home
Heights Park to Beam Lane. The cost of the project is estimated at $57,290 and with the exception of the
neighborhood park area, it is proposed to be assessed over 35 acres at $.0374 per square foot.
Mayor Egan then opened the hearing for public comment. First to address the Council was Karen
Beckman of Country Home Heights. Ms. Beckman asked why they needed storm sewer at this time. She
asked what was different than in 1981. Mr. Hanson said that in 1981 the project was denied; however, since
that time there has been some ponding in the park and the residents directly affected by the ponding have
come to the City Council requesting these improvements. He said that the situation occurring this spring
involved rains and frozen ground causing flooding to some properties. Ms. Beckman replied that she lives
on a hill and is not affected at all, yet is being assessed. Ms. Beckman then asked if the homes that are
being affected were there in 1981 and if not, why were they given permission to build. Ms. Beckman said
she did not understand why she was being assessed. Mr. Hanson said she was being assessed because water
running off her property is contributing to the drainage area where the system was being proposed to be
built. Ms. Beckman then asked how the assessments were divided up. Mr. Hanson said they have estimated
the costs for this improvement to be $57,290. He said they have outlined, to the best of their ability, where
the water is coming from to the park and have taken that cost, excluding the area of the park, and divided
it by the area. Ms. Beckman asked why the park was being excluded. Mr. Hanson said that the park is
a neighborhood park and the costs are paid by the residents who benefit from that park. Mr. Hanson said
if the park were a higher use park such as Northview Park, then the City would take that into consideration
and pay a share of the costs.
Ms. Beckman said it was only the City's opinion that her property value will go up with this
improvement. Councilmember Wachter said what is being witnessed in the area is the cost of keeping up
the gravel roads. After that improvement, storm water will be more accentuated and a storm sewer system
will soon be needed in the area. Ms. Beckman asked if the reason for the improvement was because of the
costs for keeping up the gravel roads? She also asked who paid for this upkeep? Mayor Egan said all
residents in Eagan pay for the upkeep of the roads and in the instance of gravel roads, the upkeep is much
greater than for any other type of road. Ms. Beckman said she did not feel the need for the improvements.
She said that homes were not selling in the area. She said she should not have to pay more to live in a
home that she couldn't sell because of another problem--airport noise.
Page 8/EAGAN CITY COUNCIL MINUTES
August 7, 1990
Mayor Egan said the project came before the City Council in basically the same way in 1982. He
also added that there were several alternatives which could reduce the scope of the project. He said that
the hearing was to respond to the feasibility report and that the assessments were a separate issue.
Mr. Joe Christiansen, of 2885 Egan Avenue, said he was one of the petitioners for the improvement
because his property is impacted by storm water run off. He said he would also like to clarify that the
project was not turned down in 1982. He said there were two alternates to the project, one included an
"arm" across the park and one did not. Mr. Christiansen said that in 1982, then Councilmember Egan
abstained from voting because he was directly involved in the neighborhood, and two of the remaining
members voted for the larger project and two voted for the smaller project. The project failed because no
one option received a majority of the votes.
Mr. Christiansen said the problem needs to be addressed. He said it was easy for others to say they
were not affected; however, he said he was accommodating water on his property that is coming from other
properties. He said that the City and the public were not entitled to use his property in such a manner.
Mr. Christiansen said that flooding was making Egan Avenue impassable at times and it could also be
considered a safety issue. Mr. Christiansen said that according to the feasibility report, the cost of the
project could be reduced if the scope of the project only included a catch basin at the low point of Egan
Avenue. He said the hill coming up south on Egan Avenue erodes very badly in heavy rains because of
the volume of water coming down the hill. He said the park was designed to be a "dry pond" which would
flood in times of heavy rain and then the water would recede by perculating back into the water table or
into the overflow for the storm sewer. Mr. Christiansen asked why the "arm" was being built across the
park when it would basically be a catch basin for Fairlawn Avenue and there is no flooding on Fairlawn
Avenue. Mr. Hanson said it could be eliminated but staff was recommending approval.
Mr. Christiansen said his final point was in regard to Lot 2, which he thought was owned by the
County. He said this lot was larger than just the street and there was a sizeable amount of runoff from
that lot. Mr. Christiansen said he felt it was only fair that some recognition of the assessment go to the
County for run off from that property and the City should pick up some of the cost for the park, and the
remainder to come from the Storm Sewer fund.
In answer to a question about why five platted lots were developed as a park, a member of the
audience said that they were donated as park land because they were considered unbuildable. Mayor Egan
said the park has always served a two-fold purpose, that of a dry pond and a park.
Mr. Al Blaisdell, who lives on Inland Road, said he had lived there for 12 years and wondered,
besides the two yards, what other damage had occurred. He said he saw no other damage other than grass.
He said the City should have checked the permits before allowing homes to be built there. He asked if the
City was concerned about damage to the park? Mr. Blaisdell then said he did not understand where this
damage was. Mayor Egan said there was damage to personal property and erosion damage to the streets,
particularly Egan Avenue. Mr. Blaisdell asked if the storm sewers were going to take care of the erosion.
Councilmember Gustafson said the City would be happy to put in streets. The Councilmember wondered
when and at what point the rest of Eagan's residents would say they didn't wish to pay for the upkeep on
gravel roads any longer. He said part of the picture is that gravel roads cost more to maintain than other
roads and that is a burden spread over 40,000 people. Councilmember Gustafson then added that what was
being studied this evening was a similar situation on a smaller scale. He said he was hearing 50-60
homeowners whose properties drain onto and cause problems for two homeowners say that it wasn't their
problem.
Ms. Doris Lindberg, of Lot 1, Block 9, said she had received huge assessments. She said that no
water from her property goes into the park and, therefore, she should not be assessed.
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August 7, 1990
Jim Burt, 2891 Egan Avenue, said his was one of the properties that was flooding. He said the last
thing he wanted to do was create problems for his neighbors but he would gladly trade his $1,200 in
assessments to maintain his property because he can't keep up anymore. He said the costs of maintaining
the gravel road is spread to all residents in Egan. After the last storm, Mr. Burt watched a grader, a truck,
and five men working just to repair damage to the road. Mr. Burt said he wished they could talk about
more than just the storm sewers and address the gravel roads. He asked how and when they could get
roads in Country Home Heights. Mayor Egan said that policy has always been that it is left up to the
neighborhood to petition for those improvements. He said when he came into office 12 years ago, 24%
of Eagan's roads were "substandard" roads now they are down to less than 3%. Mayor Egan said he feels
that eventually blacktop streets must be addressed, but in the past it has been left to the neighborhoods
unless there is a safety issue.
Mr. Burt asked how a feasibility study could be requested for roads in Country Home Heights.
Mayor Egan said the process is the same as for storm sewer.
Mr. Tom Solstad, 2980 Pilot Knob Road, said if they wished to talk about damaged lawns, his gets
a lot of damage from snowplows. He also wanted to know why he was being assessed when his property
drains right down Pilot Knob into the storm sewer. Mark Hanson said they had determined that the NE
comer of Mr. Solstad's property drains into this system. Mr. Solstad said he would prefer that they put
in streets. He said he paid more taxes now than when he lived on a paved dead end street.
Mr. Mark Schmidt said that in looking at a map, he did not believe his property was affected by
this proposal. He asked what the date of the relief and drainage map was that was being used. Mr.
Hanson said that the contours of this particular drainage area were flown in the 1960's. Mr. Hanson said
that it is a pretty accurate representation of the area; however, they had not gone out into the field. Mr.
Schmidt said the City may wish to check. Mr. Schmidt did agree that the flooding was a hazard. He also
said that it does cost the City money to maintain the gravel roads, so he thought it appropriate that the
City pick up some of the costs of those improvements. He reasoned that improving the roads would save
the City money and that money could be used toward offsetting the cost of the improvements.
Mr. Herb Kaiser asked why he was being assessed when he did not receive any benefit. He said
the water goes a different direction and not into this system. He also mentioned that he has erosion
problems and no one helps him. Mr. Kaiser asked how the City could be aware of the problems when they
have not been out there. He said the City doesn't clean the culverts now and he is not going to do it.
Mr. Steve Barrows asked if they went ahead with the project, what would prevent erosions from
clogging the storm sewers. Mr. Barrows said if the streets were not addressed, the problems would continue.
Mr. Hanson said it could be a problem. He said they could look into placing hay bails in some areas to
help keep some of the gravel out of the sewer system. Mr. Barrows asked why the erosion problems weren't
solved before putting in a storm sewer system.
Councilmember McCrea then pointed out that there was a member of the audience taping the
testimony. When asked who he was and who he represented, he identified himself as a "possible resident
of Eagan."
Mr. Denny Duren, who lives at the comer of Egan and Inland, said he loses 3-4 feet of his yard
every time it rains hard. He said no one comes around and says, "here's $1,000 to get your yard out of Joe
Christiansen's yard." He asked how many people petitioned for the improvement. He also agreed that the
erosion would within a short time, plug the storm sewers.
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August 7, 1990
Councilmember Pawlenty said there were two groups, those who were asking what harm was being
done and the other asking what right the City has to use 20 feet of their property even temporarily for the
storage of water or ice, depending on the season. The Councilmember said what he was hearing from the
residents was that nothing should be done and that $1,000 was too much to pay. Councilmember Pawlenty
then asked what should be done. Mr. Durin said erosion is the problem and what they need is roads.
Mr. Duren said he does not have a problem but he did wonder why roads have never been installed.
Mayor Egan said the issue goes back two hearings at which time, no clear mandate was given for
anything. He said there were those who wanted the roads but no storm sewer, there were those who wanted
storm sewer but no roads, and there were those who wanted neither. So, in keeping with policy, without
a mandate, no action was taken for any of the improvements. Mayor Egan said the main objection in the
past to the bituminous and concrete curb has been the storm sewer. He said people in Country Home
Heights just did not feel it was necessary.
Mr. Durin asked if the homeowners could petition against the storm sewer improvement. Mayor
Egan said that the issue would be decided at this hearing. Mr. Foertsch then provided the answer to an
earlier question about who had petitioned in favor of installing storm sewer. Mr. Foertsch said no petition
had been received but discussion had been initiated by a resident at a City Council meeting.
Mr. Jerome Johnson, lives at Fairlawn and Burnside, and said in 23 years he has never been
flooded, has never been stuck and has had no problems. He said without a water problem in his yard, he
did not see why he had to be assessed.
Mr. Ed Dezois of 2858 Vilas Lane, said he had lived in Country Home Heights for 20 years. He
said he questioned why homes were built on the two lots in question when he was told nothing would be
built on them. Mr. Dezois said the two homeowners just want someone to upgrade their lots.
Mr. Mike Laughlon, 2905 Egan Avenue, said there seemed to be a poor planning process. He said
if there is a problem, they needed some leadership from the Council. He said the engineers have some
great ideas, but they do not live in the neighborhood. Another issue Mr. Laughlon said he wished to
mention was that other residents do contribute to the upkeep of the gravel roads, but the people in Country
Home Heights take more than their share of airport noise. He said the Council had to show some
leadership and do what has to be done.
Mr. Joe Harrison said he has lived in Country Home Heights for 35 years. He said they have
always had flooding problems in the area and everyone should have known that. Mr. Harrison said that
the park was supposed to absorb the excess water. He said when Pilot Knob Road was improved, they
should have done something about it then. Mr. Harrison said he thought the Engineering Department was
negligent. He said the Council should ask the residents if they want the improvement by taking a vote.
Doris Rodenberg said each property should be looked at to see if it actually drains into the system.
Mr. Hanson said if the project is approved, staff will meet with those who question the drainage pattern.
Henry Schmidt, 2821 Burnside Avenue, said he lives on that segment of Burnside Avenue that has
pavement, water, sewer and storm sewer. He said when those improvements went in, they paid and no one
else did. Mr. Schmidt said they now object to paying for someone else's benefit. Mr. Hanson said that
Mr. Schmidt is only paying for that portion of his property that drains into this system.
Ms. Margaret Calvin, 2950 Pilot Knob Road, said that in 1981 she had paid for trunk storm sewer.
Mr. Hanson said that was true and this assessment was for storm sewer lateral.
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August 7, 1990
Mr. Jim Burt said he and Mr. Christiansen had taken the brunt of the negative comments. He said
he didn't care about the property but he keeps watching the roads deteriorate. He said he would like to
see bituminous road put in. Mr. Burg then asked if they could get a feasibility study started.
City Administrator Hedges said there were two ways a feasibility study could be started, one, City
Council initiated and two, a petition from 35% of the affected property owners. Mr. Burt said someday it
would have to be done but the longer they wait, the more expensive it will be. Mr. Burt asked if the
Council would initiate the action. Mr. Hedges said it should be noted that if the City Council were to
initiate an action for improvement, approval would require a 4/5 vote of the Council.
Councilmember Wachter said it appeared to him that most of the residents were opposed to being
assessed for the storm sewer and only two were in favor. The Councilmember said that perhaps the narrow
focus may be a mistake and perhaps the improvements should be put in all at once. He said the piecemeal
approach was creating dissension within the neighborhood. He said it would not have to be done, but he
would like to see it studied. At that, Mayor Egan asked for a show of hands in the audience as to who
would like to have the entire issue studied. City Administrator Hedges said it appeared 9 were in favor and
9 were opposed.
Mr. Blaisdell asked if a feasibility report was approved for preparation, would it include blacktop,
curb, gutter, storm sewer, etc? Mayor Egan said the project would be studied at City standards. Mr.
Henry Johnson said there are places that have blacktop but no curb and gutter. He asked why it had to
be all or nothing. Mayor Egan said improvements are built to the standards in effect at the time of
installation.
A resident of Country Home Heights asked what City policy was regarding this problem and
whether the City should pay for the improvements. He asked if this was a City mix-up from a planning
standpoint and should the City pay to correct it. Mayor Egan said it was the lack of a system that was
causing a problem. The resident then asked if the whole City would benefit from the improvement. Mayor
Egan said it could at best be called an inverse benefit.
Councilmember Gustafson said he thought it time to take action and since the residents could not
agree, the Council would have to, as suggested, take the leadership and make the decision for them. He
said that a piecemeal approach was not the answer and perhaps the entire issue should be addressed in a
feasibility report. Councilmember McCrea said she was concerned that monies would be spent on another
feasibility report and it would still be turned down. Councilmember Gustafson said this is a problem area
and has been for years and it's up to the Council to do what is best for the residents. If after receiving the
feasibility report, the Council may again decide to do nothing but the Councilmember said it should be a
decision based on the entire issue not just part of it.
Mr. Durin asked if the residents should get a petition started. Mayor Egan said that they should,
especially with an issue such as this one.
Mayor Egan then pointed out that as a resident of Country Home Heights, he was not going to
vote and would leave that to the rest of the Council. He said the cost of the project had gone up since
it was originally proposed at about the same rate as inflation. He said this was a piecemeal bandaid
approach to the problem. The Mayor asked if Country Home Heights wanted to continue to maintain
substandard level of streets. He said there were unique problems in the subdivision, such as, large lots,
large frontages, and their accompanying assessment issues will have to be worked on. He said perhaps they
had come to the real issue and that is whether Country Home Heights should have blacktop streets.
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August 7, 1990
Wachter moved, Gustafson seconded, a motion to close the public hearing and deny Project 595
(Country Home Heights - Storm Sewer). Aye: 4 Nay: 0 (Abstain Egan)
Wachter moved, Gustafson seconded, a motion to direct the staff and Engineering Division to
conduct a feasibility study of the entire area for installation of streets and utilities. Aye: 4 Nay: 0
(Abstain Egan)
DRAINAGE CONCERNS/STAFFORD PLACE
City Administrator Hedges said this item dealt with the drainage concerns at Stafford Place. He said
that staff had spent a lot of time since the July 28 storm on this problem. Mr. Hedges then outlined how
the issue would be handled at this meeting. After introduction by City Administrator Hedges, public
comment would be taken, then comments from the developer, Mark Hanson would give a formal
presentation on the proposed resolution, and then discussion and action by the City Council. Mr. Hedges
said the City Council was very appreciative of the video tape that had been provided from the residents.
He said the Council saw the aftermath of the storm and it had given them a good understanding of what
had happened. The City Administrator said he would not go into the history of the problem because of
the length of the agenda. Mr. Hedges said staff had been working on an engineering analysis of a remedy
for this problem and would answer any questions.
Mayor Egan then opened the meeting for public discussion. Mr. Blaine Duxberry said he did not
have an agenda and could not speak for the rest of Stafford Place. He said he would like to dispel the
notion that June and July were exclusive for erosion damage as this had been an on-going problem. He
said they had had a problem in September but he was unable to document it as it occurred at night. Mr.
Duxberry asked that whatever the Council did, they should not only work on correcting the situation but
also deal with the repair and restoration of the area. He said the last thing the homeowners would accept
was a bandaid. He said he was tired of his yard being used as a storm water storage pond.
Mr. Joe Trombley of 4124 Northview Avenue, said he had heard it all before and it didn't mean
much as the City had failed to deliver. He said the grading should have been monitored as it obviously was
not performed at all, or poorly. Mr. Trombley said that there was very little or no erosion control on
empty lots. Each time the City has said the issue would be addressed, no action had been taken. Mr.
Trombley said they pay every day in anxiety. He said the City is worrying about stepping on the toes of
the developer but they should start worrying about the taxpaying citizen. He said the message should be
that when the City of Eagan gives its word, it keeps it.
The residents attending the meeting said rather than give additional testimony at this time, they
preferred to hear the proposal for correcting the problem.
Councilmember McCrea asked if the City could do what they had proposed and had the City
identified a specific problem. One concern the Councilmember had was whether the original system had
been approved by the City's consulting engineering firm of Bonestroo, Rosene, Anderlik and Associates.
Mark Hanson of BRAA said they had not overseen the system but OSM had. The system went in as
proposed, however, it was the grading that had changed.
City Administrator Hedges said the credibility issue brought up by Councilmember McCrea was the
reason why the City uses different consulting firms. Mr. Hedges also mentioned that the City had contacted
Tom Wilson, of School District #196 regarding any run-off from school property that may be contributing
to the problem. He said #196 had been very cooperative in attempting to identify any contributing factors
relating to the new school.
Page 13/EAGAN CITY COUNCIL MINUTES
August 7, 1990
O G 270
Mark Hanson then provided a brief background of Stafford Place and the system being proposed.
He said the original system was built in 1987 and was designed by the developer's engineering company.
He said the City was involved in storm sewer in the roadway. Mr. Hanson said the project as initially put
together was developed to a 5 year event. He said the overland drainage in Stafford Place is greater than
what can be handled by what is in place. The developer is interested in correcting the hydraulic problem.
He added that in the area where two systems come together, hydraulogically the system cannot catch the
water going through. He said that with the new system, overland drainage would still exist but at a level
more acceptable.
Mr. Hanson then described the three, proposed system upgrades. The first part from Pond JP-21
in Bridle Ridge to the low point in Northview Park Road would involve the installation of a 30" storm
sewer at a cost of approximately $92,000. A 27" storm sewer would be installed from the low point in
Northview Park Road to the intersection of Short Line and Pennsylvania Avenue at an estimated cost of
$56,400. The third section would involve the installation of a 18" to 24" upgrade from the intersection of
Pennsylvania Avenue at Short Line through the side and rear lot lines up to the cul de sacs of New York
and Vermont Avenues at an estimated cost of $50,100. The first and second parts of the system are
designed to 50 - 100 year events and the third, a 100 year event. Mr Hanson said they would work with the
residents regarding the possibility of any further upgrading. Mr. Hanson added, as a point of reference,
that a 5 year event is designed at 60% of a 100 year storm. The storm that occurred on July 28, 1990, was
4" to 6" of rain in one hour. According to engineering standards, a 100 year event is 3" of rain in one hour.
Mr. Duxberry experienced flooding on his property in June with 2" of rain. Mr. Hanson said it was difficult
to build an extensive overland drainage into the system in Stafford Place because of the limited land
available.
Councilmember Pawlenty asked if a good portion of the problem was due to the overland drainage
system being inadequate. Assistant City Engineer Mike Foertsch said that it was not inadequate in concept;
however, the original grading plan had not been followed. He said that while a revised grading plan did
not improve the overland drainage as much as they had anticipated, some locations did improve.
Councilmember Pawlenty said that the system had to be fixed and then the City could look to any recourse.
He said installation should not be held up. Councilmember Pawlenty said that Northview Avenue floods
even with moderate rainfalls. He said the City Council should reach a concensus, find out how it can be
financed and then find out who some of these costs could be recovered from.
Councilmember Gustafson asked what the cost difference would be for a 27" storm sewer versus
a 30" upgrade. Mr. Hanson said what they want is once the storm water hits the system that it stay in the
storm sewer, not what is happening now. The Councilmember said the City has been accused of promising
corrections and not fulfilling those promises. He asked Mr. Hanson if the system would be adequate. Mr.
Hanson said it would when added to the present system. However, he said overland drainage would still
occur and not everything could be accommodated by the storm sewer.
Councilmember Gustafson said it was up to the Council to find the $200,000 needed to install the
system in addition to restoration and corrective costs. Councilmember McCrea said it had been a problem
a year ago. She said they had tried to work with the developer but to no avail. She said the City would
probably have to assume the liability for the new system.
Councilmember Wachter asked how long the overland spillway system had been in place before the
July 28 storm. Mr. Foertsch said it had only been down a month before it was washed out by the storm.
He said it had not had an opportunity to root sufficiently to withstand the storm even though it had been
staked.
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August 7, 1990
Mayor Egan asked Mr. Hanson if there was a chance it would have withstood the storm better if
the project had been completed, the land restored and the soil had had an opportunity to settle. Mr.
Hanson said he believed it would have. Mayor Egan said he did not suggest a more stable sod would have
prevented the problem but would have certainly mitigated some of the damage.
Assistant City Engineer Foertsch said survey crews had gone out and checked the high school and
found areas where they question whether it was built as proposed. Mr. Foertsch said they had notified Dr.
Wilson regarding potential grading problems with the area, and Dr. Wilson said they would have their
contractor check.
Councilmember Wachter moved, Pawlenty seconded, a motion to direct the Engineering Division
to develop the detailed plans and specifications for an upgraded storm sewer system for Stafford Place,
including all alternatives, and to bring the plans back to the City Council at the August 21, 1990, regular
meeting.
Mr. Scott Oaks of Frontier said he had nothing to add except they were anxious to have the issue
resolved. He said they have tried and have gone in to institute correction and restoration. Mr. Oaks said
that Mark Hanson had said more erosion control would have helped. Mr. Oaks said there wasn't any
vegetation that would have stopped the rains. He said everyone is pointing their finger at Frontier;
however, the infrastucture is a problem and lots of other things enter in. Mr. Oaks said Frontier wanted
to be involved in the solution.
Mr. Mark Parranto said their engineers spent hours out in Stafford Place with grading changes.
He said every pipe except one, which is the City's trunk line in Northview Park Road, meets requirements.
He said it is also the only spot in the system that does not have 100 year overflow. When it does overflow,
it flows over part of Bridle Ridge on the Trotters Ridge Addition on the most southeasterly part. He said
they had proposed a solution to get water out of the Vermont and New York Avenue cul de sac and that
had been in the air until today when he was informed that the City wanted to present their proposal. He
said all erosion took place in areas where no sod had been placed. Until the meeting, Mr. Parranto said
he was not aware of anyone saying that there were 100 year calculations to be done. He said there is
already excess capacity that is not being used based on how much cul de sac drainage can go into a given
grate, or somewhere around 5 cubic feet per second. It has been said that the pipe in Stafford is 24". Mr.
Parranto said it is bigger than that and will take a lot more than 10 CFS. He said they proposed putting
more grates in the street and a second pipe on top of the existing pipe to get it down in the street so it
didn't rip up the back of the hill. From the street on, he said they consider it to be the trunk design.
He said they consider that part of the City's problem and will maintain that position all the way through
this. Mr. Parranto said they have admitted that they should try to figure out a way to get water down the
hill. He said it was the most expeditious thing to do.
Aye: 5 Nay: 0
Mr. John Perry who lives on Vermont Avenue said that the swaleway behind his house was not
sodded. He also wished it pointed out that Mr. Oaks no longer worked for Frontier. Mr. Oaks said that
he did not.
EXT ENSION/PRELIMINARY PLAT/STRATFORD OAKS
Gustafson moved, McCrea seconded, a motion to approve an extension of the preliminary plat for
Stratford Oaks of Eagan for Welsh Companies to February 7, 1991. Aye: 5 Nay: 0
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August 7, 1990
EX ENSION/PRELIMINARY PLAT/PARK CENTER
Gustafson moved, Wachter seconded, a motion to approve a 90 day extension of the preliminary
plat for Park Center for Federal Land Company. Aye: 5 Nay: 0
COMPRENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA R/MULTIFAMILY RESIDENTIAL LAND STUDY
Wachter moved, Pawlenty seconded, a motion to approve the comprehensive guide plan amendment
from D-III (Mixed Residential) to P (Parks) and rezoning from R-4 (Multiple Residential) to PF (Public
Facilities) for approximately six acres representing a part of Area R of the Multifamily Residential Land
Study. Aye: 5 Nay: 0 R-90.53
SPECIAL USE PERMIT/US WEST-NEW VECTOR
ANTENNAEJEQUIPMENT BUILDING
After introduction by Mayor Egan, City Administrator Hedges said that the lease agreement had
been completed after negotiation by the Director of Public Works and the City Attorney. Mr. Hedges said
the lease agreement was fair and represented a fair proposal on both sides.
A question arose regarding the fascia on the building and as to whether it is stone or brick.
Director of Community Development Runkle said the fascia was exactly like the stone in the retaining
wall. He said the Council would have to decide whether they wished brick or stone. He said one was not
better than the other, but would be a question of architectural style. Mr. William Buell, of Sharlow,
Dahlgren & Uban, said it was their understanding that the fascia of the building and the retaining wall were
to match. He said they had attempted to use a material that would blend into the background ' and that
is why they had gone with a rock-face building block rather than brick fascia.
Mayor Egan expressed some concerns regarding the five year lease with a four year option,
especially when it was renewable by only one of the parties. Mayor Egan said it appeared to be a five year
lease for one party and a 20 year lease for the other. He said he understood the applicant's concerns about
policy changes in the future; however, he said if one wants a 20 year lease then one negotiates a 20 year
lease. In addition, if a five year lease with options is written, then there should be bonafide options for
renewing not just options that are renewable for one party and binding on the other. Mr. Buell said that
when the lease is terminated the City will own the building, which was a great capital expense for U. S.
West. Mayor Egan said he also thought that perhaps the 5% cap on the CPI was too low. Mr. Buell
said that it was 5% every year. Mayor Egan said he realized that but said it was a maximum percentage,
i.e., if the CPI was 2% this year, the City would receive 2%; however, if it was 10%, the City would still
only receive 5%. City Administrator Hedges said it had been a concern but U. S. West was interested in
buttoning down the costs for budgetary reasons each year. Councilmember Gustafson said he would have
more concerns about the cap if the City had on-going expenses. In this case, he added, it is income without
any expenses.
Councilmember Pawlenty said Paul Thomas of Meritor Development had contacted him late this
date saying he had not received notice. Mr. Thomas had asked the Councilmember to pass along his
concerns: 1) despite the nearly unanimous approval of the Apple Valley residents, Mr. Thomas feels he
represents future Eagan residents who will live on the north side of the structure. 2) Mr. Thomas told
Councilmember Pawlenty that Meritor was concerned that the gravel path to the site had now become a
gravel road. Mr. Buell said he was not aware of any great discrepancy and did not remember what the
original agreement for the pathway was. He said it would only be used as a road twice a year when a
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Page 16/EAGAN CITY COUNCIL MINUTES
August 7, 1990
pickup would bring in testing equipment. Mr. Buell added that it was hidden by landscaping and retaining
walls. Councilmember Pawlenty asked how wide the path would be and Mr. Buell said 12'.
Councilmember Pawlenty said Paul Thomas was also concerned as to whether there was any
limitation on additional fencing in the future. Mr. Buell said they did not anticipate installing any
additional fencing. The only fence on the property is one that was installed for safety purposes to keep
vehicles up by the watertower from driving off the top of the building.
Councilmember Pawlenty said Mr. Thomas had asked about future uses of the building if at some
point it was no longer a U. S. West facility. City Attorney Sheldon said that if U. S. West terminated its
lease and the City became the owner of the building, the City currently planned to store communications
equipment.
The last concern Mr. Thomas expressed to Councilmember Pawlenty, had to do with the homes they
are building nearby in the $250,000 range. Mr. Thomas had said if any of the Council had driven by they
would more fully appreciate how unattractive this facility was going to be and the effect it would have on
the attractiveness of the neighborhood. Mr. Thomas had asked that the Council reconsider.
Councilmember Pawlenty said he told Mr. Thomas that the view of the Council on this matter would
probably prevail but he told Mr. Thomas that he would certainly present that message on his behalf.
Councilmember Pawlenty then asked about the phones being received by the City and how they
would be assigned. City Administrator Hedges said some would be assigned to public safety and others
for vehicles where it had been determined that a phone was necessary. The City Administrator said he
would be extremely conservative as to who would receive a telephone because of air time and other expenses
to the City. He said there would have to be a demonstrated need for the equipment. He said just because
the City had received these phones, did not mean all would be assigned. Councilmember Pawlenty said
he had two concerns: 1) the amount of money being spent now on cellular phones and whether they were
always needed and 2) whether or not the receipt of the phones was appropriate. He questioned whether
part of the bargaining had been for equipment for staff. City Administrator Hedges said he had made it
clear in the negotiations that hardware was not a compromise to the monthly rate New Vector would be
paying the City. He said they had negotiated the maximum monthly lease and then they were asked if they
were interested in a good faith negotiation for any additional hardware. Councilmember Pawlenty asked
that Staff research present useage as to who has the phones and why they are needed.
Mayor Egan asked why the driveway to the door of the building had to be 12' wide.
Councilmember Wachter said a 6' or 7' wide pathway should be adequate. Councilmember Gustafson then
asked about the discrepancies on the Exhibits regarding the number of antennae. Mr. Buell said that
number was negotiated in the lease and the new exhibits reflected that negotiation.
Wachter moved, Gustafson seconded, a motion to approve the special use permit for a U. S. West -
New Vector antenna equipment building at the Safari Reservoir subject to the following conditions:
1. All slopes shall be no greater than 3:1 and shall be planted with a maintenance free plant
material.
2. A landscape plan shall be submitted and approved by City staff.
3. All applicable permits shall be applied for and approved by City staff.
4. No outdoor storage shall be permitted.
5. The driveway to the front doors shall be no wider than 6'-7'.
6. All applicable City Code requirements shall be adhered to.
Aye: 5 Nay: 0
(}02'19
Page 17/EAGAN CITY COUNCIL MINUTES
August 7, 1990
VARIANCFJSIDE YARD SETBACK REQUIREMENT
1670 MALLARD DRIVE
McCrea moved, Wachter seconded, a motion to approve an additional 13 foot variance from the
established 38 foot side yard setback for property located at 1670 Mallard Drive, Lot 9, Block 2, Mallard
Park 2nd Addition. Aye: 5 Nay: 0
At 10:42 p.m. the regular City Council meeting was suspended for the purpose of convening a
meeting of the Board of Adjustments and Appeals. Minutes for the Board of Adjustments and Appeals
were recorded separately.
After adjourning the meeting of the Board of Adjustments and Appeals, the August 7, 1990, regular
City Council meeting was reconvened.
SPECIAL HUNTING PERMIT/RICHARD MAURER
Gustafson moved, McCrea seconded, a motion to approve the application of Richard Maurer for
a special hunting permit on agricultural property he leases at 3370 Lexington Avenue. Aye: 5 Nay: 0
SPECIAL HUNTING PERMIT/DAN FRIENDSHUH
McCrea moved, Gustafson seconded, a motion to approve the application of Dan Friendshuh for
a special hunting permit on agricultural property owned by the Pahl family located adjacent to the
Minnesota River and east of Nicols Road. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/CROWN COCO INC
VARIANCE/PYLON SIGN
City Administrator Hedges introduced the item and said that the Advisory Planning Commission
had recommended that the application be denied. Director of Community Development Runkle said the
application was for a conditional use permit and variance at Nicols Road and Diffley for Crown Coco Inc.
Mr. Runkle said the site plan showed a proposed pylon sign and ground sign. He said the applicant had
requested a variance to the height of 23' and originally had proposed a sign area of 376 sf, however, the
sign has been scaled down to 125 sf. With that sign area, a variance will not be required to the size
limitations. He said the APC had determined that the hardship was not in order to grant the variance.
Councilmember Gustafson asked whether the ground sign would remain if the pylon sign were
approved. Mr. Runkle said the City Code does allow both when the property backs up to a limited access
highway. The Councilmember said it was his understanding that if the sign were approved, the City would
require significant upgrade to that lot. Mr. Runkle said the applicant plans to expand and it would be more
appropriate to upgrade after the expansion. Councilmember Gustafson said there had been a comparison
in size and/or height to the Amoco sign just across the street. He asked if that sign was in compliance with
City standards. Mr. Runkle said a variance had been requested and approved for the Amoco sign.
Councilmember McCrea asked if there weren't specific circumstances under which the Amoco
variance was approved. Mr. Runkle said they used cross sections to determine what height they would need
o C23O
Page 18/EAGAN CITY COUNCIL MINUTES
August 7, 1990
based on elevations in relation to the freeway. Councilmember Wachter also pointed out that the County
had also taken an access away from them. Councilmember McCrea said that Amoco had been a business
that was suffering because of what had happened due to the road. Mayor Egan also pointed out that the
Amoco sign probably draws business to the other stations sharing that intersection because by seeing that
sign, drivers know there is gas available at the exit. Mayor Egan said he believed when the applicant's
station was a Union 76 station, the Council had given them permission to build a fancier ground sign
because they had not approved the freestanding pylon sign.
Mr. Dave Miller, of Crown Oil, said his company wanted to be certain before they purchased the
property in 1989 that they could compete on an equal basis in that market. He said that after buying the
property, they had applied for the typical convenience store licenses. He said they also wanted to be sure
they could erect a freeway sign equal in height and size to their competitor across the street. After
conferring with staff they decided to apply for a conditional use permit and variance. They are working with
Pioneer Engineering in the development of their planned facility improvements. He also said their business
is bounded by three major roadways and the City's sign ordinance makes special provisions for freeway
locations. Mr. Miller believes that with their particular situation with a freeway in their backyard, the
variance should be granted allowing them to be seen from the highway the same as Amoco. He said he
did not believe their request to be unreasonable, excessive for a highway sign or unprecedented in nature.
Mr. Miller said without major name recognition they need to make their name and location visible to the
public. He said the City should give some latitude to situations such as theirs.
Councilmember McCrea asked what Crown Oil's hardship was and Mr. Miller said their location
backs up against the freeway and the ordinance allows for those locations to have signs that are visible.
Mayor Egan said this is a long-time established location for a gas station; however, he did not
necessarily agree that the City needs a sign on every corner. He said Amoco came first and that just
happened. Councilmember McCrea said if the Council approved this request in the absence of any
hardship, every gas station in Eagan could make the same request.
Wachter moved, McCrea seconded, a motion to deny the conditional use permit for a pylon sign
and variance of 23 feet to the allowed pylon sign height for Crown Coco, Inc., for the gas station at 4195
Nicols Road. Aye: 5 Nay: 0
PRELIMINARY PLAT/VALLEY ACRES
MUNICIPAL GUN FIRING RANGE
Gustafson moved, Wachter seconded, a motion to approve the preliminary plat for Valley Acres
consisting of one lot and block on approximately 6.8 LI (Light Industrial) acres located west of Terminal
Drive in the south half of Section 8. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA D/MULTI?AMILY RESIDENTIAL LAND STUDY
Wachter moved, Gustafson seconded, a motion to continue the comprehensive guide plan
amendment and rezoning of Multifamily Residential Land Study Area D to the September 4, 1990, regular
City Council meeting. Aye: 5 Nay: 0
Page 19/EAGAN CITY COUNCIL MINUTES Q 2^?.
August 7, 1990
PRELIMINARY PLAT/WESCOTF SQUARE ADDITION (REVISED)
After brief introductory remarks by Mayor Egan and City Administrator Hedges, Director of
Community Development Runkle said the application had been reviewed a number of times by the APC
and the City Council. He said that because of the timing and the changes which had occurred from the
last plat, it was suggested they come back through the process. Mr. Runkle said the parcel is located at
Elrene and Yankee Doodle Roads and consists of 9.83 acres. The application that was previously approved
consisted of 71 townhouse units and that number had been revised to 67 units. Mr. Runkle said additional
right-of-way requested by Dakota County had forced the developer to shift the project south. The applicant
has been working with staff to come up with a revised plat which takes into account a reconfiguration to
meet additional right-of-way requirements. Mr. Runkle said that one of the concerns that came out of the
Advisory Planning Commission meeting was in regard to the trees that were being taken on the site and
the density. Mr. Runkle said that City Planner Sturm had been out to the site with the applicant to go
over which trees would be saved and how the plan would affect the trees on the site. Mr. Runkle said that
before any grading was done in the area, the trees to be saved will be marked. He said the conditions of
the Planning Commission are intact and they have recommended approval.
Councilmember Wachter asked if the "exception" was where the property owner lives now. The New
Horizon Homes representative said that was correct.
Mayor Egan asked with the acquisition of the right-of-way whether there was an increase or
decrease in the density. Community Development Director Runkle said the overall density went from 7.2
to 7.02 units per acre. Councilmember Pawlenty asked what the comp guide showed for the exception. Mr.
Runkle said it was shown as D-III, and the zoning up to that parcel, R-3. Councilmember Pawlenty asked
whether a stand of trees on the north side of Kost. Road would be saved and the developer's representative
said that, unfortunately, the row of trees was too close to the road to save.
Wachter moved, Gustafson seconded, a motion to approve the preliminary plat for Wescott Square
Addition (Revised) consisting of 67 townhouse units on 9.83 R-3 acres located along Yankee Doodle Road
and Elrene Road in the northwest quarter of Section 14 subject to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15, 1987,
shall be complied with:
Al,B1,B2,B3,B4,C1,C2,C4,C5,D1,El,F1,G1,andH1.
2. A copy of townhouse bylaws shall be submitted to the City Attorney for review.
3. The developer shall comply with all Ordinance requirements including exterior finish, garage size,
and impervious surface coverage.
4. All trash shall be contained in the garages until the day of pick up.
5. A tree preservation plan shall be approved by staff prior to any grading.
6. All green areas shall have underground irrigation systems.
7. The development is required to provide ponding of site generated storm water to limit flow into
the existing City storm sewer system to the 5-year storm event.
8. The development is required to provide a minimum 6" water main and minimum 8" sanitary
sewer to serve the development.
9. The development is required to submit detailed plans and specifications for the proposed
retaining wall construction for staff review and comment prior to final plat approval.
Aye: 5 Nay: 0
Page 20/EAGAN CITY COUNCIL MINUTES 00282
August 7, 1990
ITEM O/CONSENT AGENDA
Gustafson moved, Egan seconded, a motion to approve the plans and specifications for Contract
90-01 (Galaxie Cliff Plaza 2nd Addition - Streets and Utilities) and authorize the advertisement for a bid
opening to be held at 10:00 a.m., Friday, August 31, 1990. Aye: 5 Nay: 0
Mr. Joseph Tranby approached the Council regarding the development of the Tranby Addition. Mr.
Tranby said that because of taxes that will be imposed on the property by Dakota County, it is not
profitable for him to continue to build. He asked that the development agreement for the Tranby 1st
Addition be nullified.
Mayor Egan asked if there was anything staff could do. He said the City hated to lose any quality
development. City Adminsitrator Hedges said it raised significant issues regarding County taxes assessed
to small businesses. Mr. Hedges suggested the issue be referred to the Economic Development Commission
and the County asked to have someone there to explain their policies. Mr. Hedges said the next
Commission meeting was August 28.
Mike Foertsch asked about the public improvements on the Tranby property. Mr. Foertsch asked
whether the Engineering Division should hold up the project or discontinue completely. He said they were
beyond the feasibility report and were now in the plan preparation stage. Mayor Egan said Mr. Tranby
had already guaranteed the cost of the report but asked Mr. Tranby if he wished the City to continue or
to put the project on hold. Mr. Tranby said he saw no reason to continue with it. Mayor Egan directed
Mr. Foertsch to put the project on hold and wait to hear from Mr. Tranby before continuing with the
project.
Mr. Neil Raisanen who lives near Carlson Lake Park said he appreciated that the Council and City
Administrator had returned the calls he had made to them earlier. However, he said someone in the Park
Department had overstepped their bounds. Mr. Raisanen said he was outraged by the clearcutting that had
taken place to accommodate the blacktop path from the park. He said numerous stumps in excess of 20"
could be seen. He said it was a 180 turn around from what they had been led to believe would take place.
Mr. Raisanen said the issue had to be addressed immediately.
Mayor Egan said all of the City Council was outraged and alarmed to see what had taken place.
Unfortunately, Mayor Egan said he could not provide any answers. Councilmember Gustafson suggested
that no more trees be taken until they had had the opportunity to look into the matter. Mayor Egan told
Mr. Raisanen that staff would look into the matter. City Administrator Hedges said a letter would be
directed to the Council and residents.
Ms. Helen Tillery then addressed the Council regarding drainage problems on her property. She
said that Councilmember Pawlenty had witnessed one flood they had had. She said her property is being
deluged from three sides. Ms. Tillery said one problem is that the walking path is too high. She said run
off was supposed to go over the path but because the path is so high it is being diverted onto her property.
She said her lot was the lowest of 16 lots and all the other properties drain down onto her property. She
said she can't sod or landscape because of this continuing problem. She said she had already lost a great
deal of money in landscaping.
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August 7, 1990
Councilmember Pawlenty said the ponding occurred even without the flash flood. He said there
are two significant rivers on Ms. Tillery's yard washing everything out. He said the problem has to be
investigated and then a solution suggested.
Mr. Chuck Lemere said he has a purchase agreement to buy a property in Stafford Place two lots
down from Blaine Duxberry's property. He asked if the City Council had officially said there would be a
pending assessment against the property. Mayor Egan said the intent is for the City to assume the costs
of correction.
PROJECT DARVALE BOULEVARD
Egan moved, Gustafson seconded, a motion to receive the final assessment roll for Project 546,
Cedarvale Boulevard and schedule a public hearing for September 4, 1990. Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated July 31, 1990, in the
amount of $1,881,963.42 and the checklist dated August 7, 1990, in the amount of $1,131,026.61. Aye: 5
Nay: 0
ADJOURNMENT
The meeting was adjourned at 12:00 a.m., August 8, 1990.
CITY OF EAGAN
*E.anOverbeke, City Clerk
KF
MINUTES OF A SPECIAL MEETING OF THE BOARD OF 0(1,284
ADJUSTMENTS AND APPEALS
Eagan, Minnesota
August 7, 1990
A meeting of the City of Eagan's Board of Adjustments and Appeals was held on August 7, 1990.
Those attending were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty, and Wachter, City
Administrator Thomas Hedges and City Attorney James Sheldon.
Mayor Egan introduced the item as an appeal of the City Council's decision to deny a variance
requested by Minnesota Public Radio. The variance would have been to the height limitations placed on
radio antennae. A variance is necessary to exceed 100' of tower.
City Administrator Hedges said at the April 3, 1990, City Council meeting, the City Council
reviewed MPR's application, the applicant made a presentation, public testimony was taken and the Council
voted to deny the application for a variance and conditional use permit for that location. MPR has decided
to appeal that decision and is pursuing regulations within the City Code that provide for a Board of
Appeals and Adjustments. Mr. Hedges said the Board of Appeals and Adjustments is made up of the City
Council and it was the first time, to his knowledge, that the Board had been convened.
Having presented a brief history, Mr. Hedges said it would then be appropriate for the Council to
take one of two actions: 1) ask for resident input and 2) deliberation toward a decision by the Board of
Adjustment and Appeals.
Mayor Egan said it was appropriate to reflect the fact that the issue before the Board had been on
agendas for regularly scheduled Advisory Planning Commission meetings and City Council meetings from
approximately August 1989 through April 1990. He went on to say the Council had received a great deal
of information and testimony on the issue. Mayor Egan recommended that any further testimony be kept
to a minimum based upon the very thorough amount of information that had already been received on the
issue.
Councilmember Pawlenty then asked a procedural question of the City Attorney. He said he
believed the action that was being appealed was the result of a 3-2 vote to deny the application for the
towers. Mr. Sheldon said the techinical action that was being appealed, even though there was a conditional
use permit and a variance, was the action taken on the variance and it was that issue that was before the
City Council sitting as the Board of Adjustments and Appeals. Councilmember Pawlenty said that in terms
of being consistent, he had voted against the motion to deny on the grounds of wanting to explore some
other options and he was aware of other options in the works. He said Mr. Sheldon had advised the
Council not to consider the other options and the Councilmember said he was not; however, he added it
did not necessarily have to be decided on the same grounds or the different standards as outlined for
purposes of the appeal or State standards that they were operating under. He asked if procedurally or
substantively, this could be a different vote. City Attorney Sheldon said it could.
Christina Stalker said the issue had been thoroughly presented and discussed and she had nothing
further. Councilmember Pawlenty asked why the MPR was pursuing this extraordinary step in the process.
Ms. Stalker said they were pursuing what they believed to be required to be done to exhaust MPR's
administrative remedies in the event MPR decided to pursue the Peterson site in court. She said they
believed that the applications, concessions and agreements that MPR made fulfilled all the City's
requirements with the exception of newly imposed ones with which they disagree. In order to pursue the
Peterson property should that become necessary, and she hoped that it would not, Ms. Stalker said they
believe they have to follow procedures in the City Code and State statutes.
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August 7, 1990
Given that understanding, Gustafson moved, Wachter seconded, a motion to deny the appeal
requesting reconsideration, as presented by Minnesota Public Radio.
Mayor Egan said, for the record, that the basis for appeal from a variance had to be an undue
hardship, which included: 1) that the property could not be put to reasonable use if used under the
conditions allowed by the official controls. Mayor Egan said there had been no change in that regard as
it was only a variance to the height of the tower, not any zoning or official control. 2) That the plight of
the landlord was due to circumstances unique to the property not created by the landlord. Again, the
Mayor said he did not think that applied to variances. 3) That it would not alter the essential character
of the locality, and Mayor Egan disagreed that it would not. He added that the City Council would have
to "wear blinders" to the fact that there is a pending application that is not relevent to this issue but Mayor
Egan said he was a recipient of the letter that requested that the matter be placed on the agenda. As a
recipient, Mayor Egan said he had to recognize that one of the basis for the appeal was that this is the sole
and singular place in the City where these towers can go. Mayor Egan said it was his understanding, with
no reference whatsoever to any other applications pending before the City of Eagan, that there are two
other sites that are optional and under consideration for the towers. He said he did not feel that the basis
for the appeal had any merit.
Aye: 3 Nay: 2 (McCrea & Pawlenty)
CITY OF EAGAN
? I %. kLALI.
E :-J. nOverbeke, City Clerk
IMF
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
August 21, 1990
A regular meeting of the Eagan City Council was held on Tuesday, August 21, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and
Pawlenty. Also present were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the agenda:
Item R, Consent Agenda, Ratification of Planned Unit Development for West Publishing Company,
addition to agenda.
Item S, Consent Agenda, Ratification of Fire Department Pension Committee Recommendation,
addition to agenda.
Item 3, Administrative Agenda, Final Plat, Fairway Hills, Administrative Agenda. Because of
medical reasons, request from Developer, Mr. Al Herrmann, to hear this item after Item B, Old Business,
Cost Participation Agreement, Fairway Hills 2nd and Dakota County.
Two items will be formally addressed under Visitors to be Heard: 1) Proposed resolution from
Minnesota Public Radio, and 2) Carlson Lake Park.
McCrea moved, Wachter seconded, a motion to approve the agenda as amended.
Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the August 7, 1990,
regular City Council meeting. Aye: 5 Nay: 0
Gustafson moved, McCrea seconded, a motion to approve the minutes for the August 7, 1990,
Board of Adjustments and Appeals. Aye: 5 Nay: 0
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.........ASK ':
C
'#t ASH
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Mayor Egan presented a check to Doug and Marilyn Clemens for $700 as the City's most recent
Cash for Trash winners.
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PUBLIC WORKS/1990 COMPREHENSIVE STORM WATER MANAGEMENT PLAN
After introduction by Mayor Egan, City Administrator Hedges said that periodically, dating back
to 1965, the City has considered and adopted the Comprehensive Storm Water Management Plan. He said
as the City matures, develops and changes, the Comprehensive Plans for all infrastructure needs periodic
review.
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Page 2/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Director of Public Works Colbert said the plan was forwarded to the City Council under separate
cover. He said it is a lengthy document and incorporates the Water Quality Management Plan and Surface
Water and Run Off Management Plan from a quantity as well as a quality perspective. He said there are
numerous recommendation for change which will be the basis for future capital improvement programs as
well as the modification of the comprehensive storm sewer system. Mr. Colbert said he would appreciate
an opportunity to discuss the Plan in detail at a workshop session. He said it was an excellent plan and
should serve the City well into the 21st century.
Councilmember Wachter said he looked forward to receiving a detailed summary. He said he was
very happy about the recommended increase in the depth and water retention capabilities of several drainage
basins for water quality and ground water recharge benefit.
Mayor Egan said approval was very relevant considering the storms the City had experienced lately,
in addition to the recent adoption of the Water Quality Management Plan. Mayor Egan asked if the plan
being presented was compatible with the Water Quality Management Plan. Mr. Colbert said they were
prepared simultaneously and, therefore, very closely related.
Gustafson moved, Wachter seconded, a motion to receive the 1990 Comprehensive Storm Water
Management Plan and schedule consideration for formal adoption at the September 18, regular City Council
meeting. Aye: 5 Nay: 0
PUBLIC WORKS/PROJECT 598 (GAIAXIE CLIFF PLAZA 2ND ADDITION)
FIRE STATION #5 ACCESS ALTERNATIVES
After introduction by Mayor Egan, City Administrator Hedges said that at the August 7 City
Council meeting, access to the Galaxie Cliff Plaza Addition and how that access related to Galaxie Road
and Fire Station #5 was discussed by the developer and the City. He said Council had requested that
alternatives be studied and brought back for further discussion. He added that Fire Chief Southorn was
recommending Alternate B as workable but no other alternative received a strong recommendation.
Councilmember McCrea then referred to a memorandum in the packet which cited a $3.50 per
square foot cost for the acquisition of Outlot D, should that become necessary. The Councilmember said
she understood the figure to be much lower. The City Administrator said that Staff had since been in
contact with the owner and a lower figure had been quoted.
Councilmember Wachter suggested that the Council consider retaining the existing road layout but
with certain modifications such as widening that section of old Galaxie that accesses the Fire Station. He
said that perhaps widening the road would cost the City acquisition costs; however, Director of Public
Works Colbert said utilizing an existing condition would not necessitate any additional acquisition.
Fire Chief Southorn said that the Fire Station was laid out as it is to utilize the present access to
the station. He said that the use of Alternate A would present an unacceptable situation by taking
volunteer traffic in front of the emergency response vehicles. He said they had no problem with Alternate
B utilizing existing Galaxie as a one-way entrance into the station and exiting on Plaza Drive, if acceptable
to the residents and Council. He said one unfortunate side effect was it would break up Outlot D. The
Fire Chief said the existing condition with both entrance and exit onto old Galaxie is workable but would
be a problem to some of the neighbors who were looking to the exit onto Plaza Drive to eliminate some
of the traffic flow problems in the area.
City Administrator Hedges said it might be possible to consider Alternate B as an alternate bid
which would give the City time to negotiate acquisition. He said it may be possible the City may wish to
0621 33
Page 3/EAGAN CITY COUNCIL MINUTES
August 21, 1990
acquire Outlot D for future use; however, he said they may find the costs prohibitive. Councilmember
McCrea suggested that perhaps some type of negotiation could be worked out where it would not involve
a cash payment but rather an "in kind" swap. City Administrator Hedges said that Community Development
was suggesting such a negotiation.
Councilmember Gustafson said it was his understanding that Plaza Drive was to line up with West
Wind Trail and that portion of old Galaxie that was to remain, was to be used only by firefighters. The
Councilmember said he did not see a traffic problem with red, emergency vehicles with flashing lights. He
then discussed the associated costs of each of the alternates. Director of Public Works Colbert said there
would be no cost to the City with the existing street layout and the possibility of severance damages would
apply only to Alternate B. Alternate A would be less desirable because the volunteer traffic would cross
in front of the fire doors. Mr. Colbert said it would become an issue of how important it would be to have
emergency vehicles exiting onto Plaza Drive instead of Galaxie Avenue as it presently does because all
responding firemen will still presumably use the present entrance.
Councilmember McCrea said that having two accesses onto Galaxie Road is of concern to the
neighborhood and that was the reasoning behind lining up Plaza Drive with West Wind Trail. The
Councilmember said it is a dangerous road and the first concern was safety.
Councilmember Wachter. said it might be a possibility to purchase part of Outlot D to use for
parking. Director of Community Development Runkle said there is a 50' no-build buffer on Galaxie and
would leave very little of Outlot D to be developed. Councilmember Gustafson said that Alternate B would
appear to cost the City the most dollars. He said there would be acquisition costs for that alternate versus
zero costs with one of the other choices. He said he thought lining up Plaza Drive with West Wind Trail
and leaving old Galaxie for fire use only would not go against the wishes of the community. He said he
understood it was the major traffic flow that they were concerned about. Mayor Egan asked if it would be
feasible to vacate old Galaxie and dedicate it as a private driveway easement to the Fire Station. Director
of Public Works Colbert said the northern portion of old Galaxie would be vacated and incorporated into
the plat.
Wachter moved, Egan seconded, a motion to approve Project 598 for the installation of streets and
utilities to service the proposed Galaxie Cliff Plaza 2nd Addition, with an alternate bid to include Fire
Station access as described in Alternate B.
Aye: 5 Nay: 0
A. Personnel Items
1. It was recommended that the contract with David Childers to perform fire inspection tasks for
the City of Eagan be approved.
2. It was recommended that the changes in point totals as indicated by revisions in Time Spent
Profiles for exempt positions be approved and that a compensation level change from exempt level I to
exempt level J for the Recreation Supervisor II and the Senior Engineering Tech/Supervisor be approved
retroactive to January 1, 1990.
3. It was recommended that six months child care leave for Clerical Technician III, Tina Zink, and
Police Investigator, Linda Myhre, be acknowledged.
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August 21, 1990
4. It was recommended that an unpaid leave of absence not to exceed thirty days be approved for
Police Department Clerical Technician, Laurel Larson.
B. 1990 General Fund Budget Adjustments
It was recommended that the 1990 General Fund Budget Adjustments be approved.
C. Deferment of Special Assessments/Olsen
It was recommended that the special assessment deferment for Mrs. Dorothy A. Olsen for parcel
10-02800-020-79 be approved.
D. Deferment of Special Assessments/Coates
It was recommended that the special assessment deferment for Mr. and Mrs. Neil F. Coates for
parcel 10-78200-020-01 for Project 466 be approved.
E. Resolutions/Multifamily Residential Land Study
It was recommended that the resolutions pertinent to Multifamily Residential Land Study Areas C,
K and L be approved.
F. Vehicle #131, Receive Bids/Authorize Purchase (4-Ton Asphalt Roller)
It was recommended that the bids for Vehicle #131 (4-Ton Asphalt Roller) be received and the
purchase authorized from the appropriate low bidder.
G. Contract 90-09, Receive Bids/Award Contract (West Publishing & Wilmus Addition - Trunk
Storm Sewer)
It was recommended that the bids be received and Contract 90-09, West Publishing & Wilmus
Addition - Trunk Storm Sewer, be awarded to the lowest responsible bidder and the Mayor and City Clerk
authorized to execute all related documents.
H. Project 589, Approve Resolution Restricting On-Street parking(Elrene Road)
It was recommended that a resolution restricting on-street parking for Elrene Road under Project
589 be approved and the Mayor and City Clerk authorized to execute all related documents.
1. Contract 89-05, Approve Change Order #1 (Skyline Road - Storm Sewer)
It was recommended that Change Order #1 to Contract 89-05 be approved and the Mayor and City
Clerk authorized to execute all related documents.
J. Contract 89-00, Acknowledge Completion - George W. Giles Addition (Utilities)
It was recommended that the completion of Contract 89-QQ (George W. Giles Addition) be
approved and that perpetual maintenance by the City of related public facilities be authorized subject to
appropriate warranty conditions.
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Page 5/EAGAN CITY COUNCIL MINUTES
August 21, 1990
K Contract 90-04, Approve Change Order #3, (Coachman Road Right-Turn Lane)
It was recommended that Change Order #3 to Contract 90-04 (Coachman Road Right-Turn Lane)
be approved and the Mayor and City Clerk authorized to execute all related documents.
L. Project 572, Receive final Assessment Roll/Order Public Hearing (Lexington Way - Street and
Water Main)
It was recommended that the final assessment roll for Project 572 (Lexington Way - Streets &
Water Main) be received and the final assessment public hearing be scheduled for September 18, 1990.
M. Project 581, Receive Final Assessment Roll/Order Public Hearine (Hills of Stonebridge 2nd
Addition - Trunk Water Main & Storm Sewer
It was recommended that the final assessment roll for Project 581 (Hills of Stonebridge 2nd
Addition - Trunk Water Main & Storm Sewer) be received and the final assessment public hearing be
scheduled for September 18, 1990.
N. Project 508, Receive Final Assessment Roll/Order Public Hearing (Daniel Drive - Streets &
Utilities
It was recommended that the final assessment roll for Project 508 (Daniel Drive - Streets &
Utilities) be received and the final assessment public hearing scheduled to be held September 18, 1990.
0. Final Plat, Country Hollow Second Addition
It was recommended that the final plat for Country Hollow Second Addition be approved.
R-90.56
P. Final Plat, Sherwood Downs
It was recommended that the final plat for Sherwood Downs Addition be approved.
R-90.57
Q. Final Plat, Boulder Ridge 2nd Addition
It was recommended that the final plat for Boulder Ridge 2nd Addition be approved.
R-90.58
R. Ratification of Planned Unit Development for West Publishing Company
It was recommended that the Planned Unit Development For West Publishing Company be
approved.
S. Ratification of Fire Department Pension Committee Recommendation
It was recommended that the Fire Department Pension Committee recommendation be ratified.
Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda as presented with
the addition of Items R and S. Aye: 5 Nay: 0
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Page 6/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Mr. Ray Nutzmann, 4555 Acorn Street, asked when the boulevard areas would be restored now that
the streetlights had been installed. Director of Public Works Colbert pointed out that in order to keep
costs down, the City had agreed not to restore the boulevards with sod but to seed them only to prevent
erosion and that any further restoration would be the individual responsibility of the property owners. After
further discussion, it was determined that the City had made a concerted effort to save money for the
property owners by not making extensive property restoration a part of the contract. As this was done at
the neighborhood's request, it was the consensus of the Council that the City had met its obligation.
Gustafson moved, Wachter seconded, a motion to close the public bearing and to adopt the final
assessment roll for Project 586, South Oaks Addition - Streetlights, and certification to Dakota County was
authorized. Aye: 5 Nay: 0
PROJECT 575/FINAL ASSESSMENT HEARING
SLATERS ACRES & JAMES STREET - STREETLIGHTS
After introduction by Mayor Egan, the City Administrator said that Project 575, Slaters Acres and
James Street - Streetlights, had been completed, the final costs tabulated and the final assessment roll
prepared. Mayor Egan asked if any residents were there to address the issue and none were.
Wachter moved, Pawlenty seconded, a motion to close the public hearing and to approve the final
assessment roll for Project 575, Slaters Acres and James Street - Streetlights, and certification to the County
was authorized. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT
LOTS 3 & 4, BLOCK 1, SIBLEY TERMINAL INDUSTRIAL PARK
After introduction by Mayor Egan, the City Administrator said the City had received a petition from
the property owner requesting this vacation of the existing drainage and utility easements. Director of
Public Works Colbert went on to say that the existing storm sewer system had been replaced by a storm
system awarded to a contractor with Council action on August 7.
Pawlenty moved, Gustafson seconded, a motion to close the public hearing and to approve the
vacation of the drainage and utility easements as described between Lots 3 and 4, Block 1, Sibley Terminal
Industrial Park subject to the condition that the property owner will provide any additional easement at no
cost to the City and the Mayor and City Clerk authorized to execute all related documents.
Aye: 5 Nay: 0
PROJECT 6OZOONSIDER PLANS FOR STAFFORD PLACE
DRAINAGE AND STORM SEWER IMPROVEMENTS
After introduction by Mayor Egan, the City Administrator said that the item before the Council
did not require any history. At the August 7 City Council meeting, direction was given to ask our
consulting engineers to put together an ultimate design for storm sewer improvements to Stafford Place.
Director of Public Works Colbert said that the problem in Stafford Place was associated with
excessive surface water run-off being concentrated in the north central portion of the development. He said
that Staff had evaluated the storm sewer system to find that the internal laterals are designed for five year
frequency storm water run off. What has been experienced are high intensity, short-duration, unexpected
rainfalls that are greater than what the five-year event system can handle and has resulted in excessive
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Page 7/EAGAN CITY COUNCIL MINUTES
August 21, 1990
surface water run-off. After a detailed analysis of the overall drainage basin, Mr. Colbert said there were
three primary solutions that should be taken into consideration: 1) try to separate out the size of the
drainage districts that go into that central point, 2) try to detain as much of the surface water run-off and
hold it back until the storm sewer system can take it, and 3) provide additional storm sewer capacity down
the hillside or through the highly erodible areas. He said there were eight, individual projects that could
approach each of the three, general solutions. The concepts were presented to the neighborhood group at
a meeting and with the developer and his engineer. He said a letter had been received from a homeowner
expressing concerns regarding a detention basin proposed in a backyard area.
Mark Hanson, of Bonestroo, Rosene, Anderlik and Associates, said that when they left the Council
meeting on August 7, they left the meeting with the understanding that they would provide an improvement
that would fix the flooding, the overland drainage, flooding of Northview Park Road and Braddock Trail,
the exiting of the storm water from the existing storm sewer system, and the solution was not to be a band
aid or a quick fix project. He said the improvement discussed at the last meeting was still valid; however,
the improvements they would be discussing this evening were the ultimate improvements and would correct
the problems in Stafford Place. He said designing a system in an existing area is a challenge because when
dealing with existing grades and a lot of property owners it becomes very difficult to build a cost-effective
improvement.
He said there are two large, drainage areas upstream which direct run-off to New York and
Vermont Avenues. The only retention of storm water, which is the best way to correct storm water
problems, occurs in the streets. This has not been acceptable when the streets are collector type streets.
Additional problems occur with the overland drainage when these large drainage areas discharge to one focal
point which is an area between homes and on a steep grade. The water then continues down to Northview
Park Road where a very large drainage area forces overland drainage to occur out to Trotters Ridge Road
and flooding of Northview Park Road becomes excessive. He said two of the major improvements to the
system would take all the drainage on Braddock Trail down to its low point so that the overland drainage
of Braddock Trail would be directed along the school property over to Northview Park Road. The school
has said they would berm the parking lot and install speed bumps to keep drainage into the roadway at a
minimum. Secondly, the overland drainage on Pennsylvania Avenue at States Avenue, would be taken down
Pennsylvania and only the drainage which would be coming into the storm sewer system would come down
to New York and Vermont. In doing that, the overland drainage would be removed from two substantial
districts which are presently directed to New York and Vermont. Then at the focal point where problems
are now occurring, three overland drainage points would be created. At Vermont the overland drainage
would be directed into an area where detention basins are proposed in the backyards.
A breakdown of the costs of these improvements are included in the Preliminary Feasibility Report
and are lettered A through H (See Exhibit A). Mr. Hanson said various combinations of the suggested
improvements could be included with the project.
Director of Public Works Colbert said that storm sewers are designed to carry storm water for a
5 or 10 year event and, based on the best information they have, anything that exceeds that is expected
to be conveyed overland. What they are attempting to do, however, is to insure that this overland
conveyance does not result in property damage. The property damage that is being experienced, Mr. Colbert
said, has occurred because of the volume of water that has gone over a steep grade in an erodible backyard
area. The improvements will redirect some of the excess surface water run off away from concentrated
areas, will detain what gets there until it can be released in a reasonable manner, and then convey it down
the slope in a conduit or closed pipe system, thereby eliminating the erosion. The improvements are
expected to handle the 100 year frequency of overland drainage. Once the excess run off reaches the bottom
of the hill at the intersection of Short Line and Pennsylvania, it is acceptable to convey that run off through
a street. Temporary flooding of intersections is expected in storm sewer design which does not mean the
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August 21, 1990
storm sewer is not properly designed. What is happening in Stafford Place is that once the small detention
intersection floodings exceed their capacity, there is an unacceptable method of conveying the surface water
run off down backyard areas. Mr. Colbert said the problems have been accentuated by the development
not being completed resulting in storm water being shed quickly. He said as sod and landscaping are
developed, it would have a significant impact on retaining and holding back the excess surface water run
off. He said this would result in less clogging of the system which has even further restricted the available
storm sewer capacity. He said with the improvements included in the first part of the proposal, the
subdivision should be able to function with the same level of design as is provided for the rest of the City.
Mayor Egan said that one of the concerns is that the City has gone from a retention basin of zero
acre feet to 1.62 with the proposed plan. He asked if that was now being increased to 4.2 acre feet. Mark
Hanson said that with the present situation it would be difficult to achieve anything more than 2 acre feet
but they were attempting to show what could be accomplished with just a small increase in storage capacity.
Mayor Egan asked if the design location of the detention basins had changed. Mr. Hanson said that in
order to minimize the disturbed areas in the backyards, they were proposing to move the basins a little
further north.
Mayor Egan said he thought it should be pointed out that the report indicates that the
recommendations are feasible from an engineering standpoint; however, the costs would stretch economic
feasibility. He added that the report also goes on to say there are no demonstrable City means to finance
it. Mayor Egan asked the Director of Finance, if assuming that the portions of the project, A through E
are assessable, and assuming that F, G and H go beyond the City standards and are likely not to be
assessable, would the City run into problems with its auditors if the project exceeded by three times that
which is assessable because there would not be the required demonstrated benefit? The Director of Finance
said the auditors would look at the expenditure as any other and whether it is an appropriate City
expenditure or for appropriate City uses and would not get into a judgmental area as to whether it is
something that should be done or whether it is an appropriate use of City resources.
Councilmember Wachter asked if Item H shouldn't be included with the project. Councilmember
Gustafson said that residents have asked that the storm sewer problems be fixed as well as making
restitution for sod and landscaping that have been washed out. He asked whether the amount included for
restitution was sufficient. He said the Council would need to know what those costs are going to be and,
if they are included, to what extent.
Councilmember Pawlenty then asked what happens to the water that comes out of the sewer at
Short Line if the project is not completed all the way. Mr. Hanson said the system would have to be
designed to provide the outlet of water as well as the inlet because 60 cfs of water would have to be taken
outside of the storm sewer system and put into the street. It would run down Short Line to the low point
in Northview Park Road and then would overflow to the drainage swale that exists in Trotters Ridge.
Councilmember Pawlenty said that this design then does not address the flooding of Northview Park Road.
Mr. Hanson said if Parts F and G are removed, that was correct. Mr. Hanson said one of the things they
still want to investigate is working with the Trotters Ridge development to see if they could improve it so
that the flooding is not quite so dramatic and to do that through grading rather than through the storm
sewer system. Councilmember Pawlenty said that leaving Northview Park Road without addressing the
flooding would be a questionable decision. Mr. Colbert said it is not unusual during high intensity rain falls
to have flooded intersections. He said it would be very expensive to construct storm sewer at each of the
low points in order to maintain traffic throughout the community through any kind of rain storm. He said
that if flooding does occur, it is of very short duration. Mr. Colbert said he did not feel it would be cost
effective as long as there has been no structural damage.
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August 21, 1990
Councilmember Pawlenty asked Director of Public Works Colbert if he had had an opportunity to
respond to John Griggs' letter. Mr. Colbert said Mr. Griggs' concern was with the effect of the berm
construction due to the topography. However, it was found that if the berm were moved slightly to the
north, it would enhance the drainage retention capabilities and eliminate the construction limits from
encroaching on the Griggs' property.
Mr. John Griggs of 4091 Vermont said he believed that once turf grass is established in the entire
area it would greatly improve the run off situation. He said when one considers what is being achieved with
just the implementation of Parts A and B and the percent of reduction in the critical drainage district and
then consider that the entire area will eventually be sodded, a significant improvement has been achieved.
He added that in light of this, he questioned how much detention basins would be needed. Mr. Griggs said
he supported the implementation of Parts A, B, C, D, E and H and would like to see the details.
Mr. Gordy said that the big project is the storm sewer. He said he was not directly
affected by their installation but was more interested in restoration. He said he was part of the area heavily
damaged by the storms and would like to see Part H implemented.
Mr. Greg Johnson of 816 Short Line said he is most interested in the Trotters Ridge Road area
where the water exits. He said demands cannot be made on that area yet because there is no sod.
However, he questioned why that area couldn't drain directly into the lake across from the new
development. He said A through E looked great, but F may be too costly. He said he was concerned
about the emptying points in Trotters Ridge. Mark Hanson said ideally that if Trotters Ridge could
overflow into the pond as opposed to around the corner back into Northview Park Road, that would be
the best situation. He said if they could work with that developer, it could help the low point in Northview
Park Road also.
Mr. Blaine Duxberry asked what rainfall would result in water being retained in the detention
basins. Mr. Hanson said approximately 23 cfs would be retained for a 100 year event. Mr. Duxberry said
his backyard is currently being used to collect storm water. He said he supports the proposal but is nervous
about the detention ponds. He asked if the City is looking to upgrading the criteria for storm sewers. Mr.
Hanson said that if they took costs such as these to a developer, it would make the development no longer
feasible.
Councilmember Gustafson asked how much water would be retained in the basins after a rain of
2" over a four hour period? Mr. Hanson said by reducing the drainage areas, he would question whether
any rain would be retained. The Councilmember said it was his understanding of the improvements that
there would be occasional flooding but without the erosion damage. Mr. Colbert said the vast majority of
high intensity rainfalls would be handled with the reduction of the drainage areas and with the
improvements. He said it would only be the 100 year event that would see any ponding in the detention
basins.
Mr. Duxberry said he could not be certain that there was no structural damage. He asked if
anyone could check. Mr. Hedges said the City did not have any structural engineers but could have
someone from Building Inspections look at these homes, at their request, with the understanding that they
are not structural engineers.
Ms. Kathleen Griggs, 4091 Vermont, asked whether with the new berm it was still intended to flood
into their backyard area. She said encroachment would occur in their entire backyard. She would like
easement details as soon as possible as a 35' encroachment would be excessive. She also questioned whether
such deep, dry ponds would be necessary if the drainage area was reduced by 50%. Mr. Hanson said the
retention basin was designed to be 4 1/2' at its deepest point. He said if the detention basins are built
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and if 40 cfs comes into the area for a 100 year event, then the 60 cfs pipe that is being built down the
ravine could carry 100 cis and give them the opportunity to get the water into the pipe. Mr. Hanson said
that if in fact that is accomplished, then instead of releasing the 60 cfs into Short Line to overflow down
the roadway, they would now be releasing 100 cfs because that is how much water could be retained there
for that 100 year event. It is a very significant improvement and he could not emphasize enough how
strongly the retention basins were needed. He said they did not feel the retention basins would be
detrimental. Mr. Colbert said they were attempting to spread the burden so it would not be a hardship on
any one particular property owner.
One resident asked if sodding would be included with these improvements. Mr. Hanson said that
it was included wherever the sod was disturbed by the construction. The resident asked how deep the water
would run at Short Line. Mr. Hanson said no more than 4' for less than an hour for a 100 year event.
The resident then asked Mark Parranto if Rottland Homes was buying the rest of the development.
Mr. Mark Parranto said he was not involved and they would have to ask Frontier. He said to his
knowledge they have not signed a contract. A respresentative of Frontier said they were negotiating.
The resident then said he would not sign off for any easement without any erosion control
measures. Mr. Colbert said he understood the concern but there would be erosion until the last house is
built and turf established. He said that if the concepts are approved, they would request that detailed plans
and specifications be prepared and come back for formal approval on September 18 and hope to award a
contract on October 16. Construction could then begin around November 1 with completion by
Thanksgiving or the first part of December, weather permitting. Restoration could then be completed the
following spring. Because so many property owners are involved, without 100% cooperation, 100% of the
project will not be completed in the shortest time possible. If there are concerns or reluctance, Mr. Colbert
suggested that the contract award wait until concurrence is received from all affected property owners. He
suggested that the contract not be awarded until the rights of entry and authorization have been received
to do so. He said the City stands ready to make these improvements to correct and resolve this situation
as quickly as possible but they would need everyone's cooperation. The resident said he agreed but asked
if some erosion control measures shouldn't be standard procedure. Mr. Colbert said that some of the
erosion control measures used to alleviate the situation, such as, haybales and siltation fences had plugged
the catch basins and had contributed to the problem with the flooding at the school.
Mr. Parranto said that the dirty water was coming off the undeveloped lots. He said they had
solved the problem in another subdivision he is involved in by putting down three feet of sod along the
edge of the lots and it seemed to be working. He said they are grading off the first few feet on all lots
upstream and the sod is catching the sand that seems to wash off the lots. Mr. Parranto then turned his
attention to the project before the Council and asked how the City intended to pay for these improvements.
He asked the City Council what their position was on the issue. He said Staff had to admit that the storm
sewer pipes do what they were designed to do. He said there have been no problems with normal rain but
problems were experienced with the last three rains which were 100 year events. Mr. Parranto said no
storm sewer system in the City can handle a 100 year event. He asked why it was necessary to make such
extensive changes and who was going to pay.
Councilmember Pawlenty asked Mr. Parranto if he was saying that nothing needs to be done in
Stafford Place. Mr. Parranto said all the problems were experienced during 100 year events. He said that
several grading problems had occurred and several changes had been made in the grade. He said the
solution could be confined to erosion correction and getting the water down the hill. He said in each case
where there was erosion damage, it was a property that was not sodded. Councilmember Pawlenty said
it was more than just erosion problems and that something needed to be done. He asked Mr. Parranto
what he thought should be done. Mr. Parranto said the problem has occurred before but they do not design
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to the 100 year storm. He said the system had been built as required to a 5 year design. He said certain
manholes were taken out at the City's consulting engineer's request and, he said, that this and all other
changes were approved by the City's consulting engineer. He said he would suggest putting in 27" piping
on top of the existing 27" line and add additional catch basins.
Wachter moved, McCrea seconded, a motion to approve the concept drainage and storm sewer plans
for Parts A, B, C, D, E and H (see Exhibit A) for Project 602, Stafford Place, and authorized the
preparation of detailed plans and specifications. Aye: 5 Nay: 0
AGREEMENT/COS T PARTICIPATION
FAIRWAY HIILS 2ND AND DAKOTA COUNTY
After introduction by Mayor Egan, City Administrator Hedges said that the City had been working
on an agreement with the developer of Fairway Hills for the cost of the frontage road used during the
upgrade of Pilot Knob Road between Camelback Drive and Interlachen Boulevard. A final settlement of
$24,196.87 will be recommended to the County Board for their acceptance and approval. The developer
will pay to the City, 55% of City-incurred legal, engineering and staff fees on the project, or $3,973.33. Mr.
Al Herrmann of Bridlewilde Joint Venture has agreed to this settlement.
Wachter moved, Gustafson seconded, a motion to approve the City's agreement to the proposed
settlement for Fairway Hills 2nd Addition contingent upon Dakota County acceptance. Aye: 5 Nay: 0
With the approval of the agenda, the City Council agreed to hear Item 3 of the Administrative
Agenda at this time for the convenience of the developer.
FINAL PLAT/FAIRWAY HILLS 3RD ADDITION
After introduction by Mayor Egan, the City Administrator said that in addition to a request for the
approval of the final plat for Fairway Hills 3rd Addition, what was at issue was an additional clause the
developer would like placed in the development agreement that would require the City of Eagan to be
accountable for the cost of any design changes that occur during construction of utilities and streets once
the engineering plans and specifications are submitted by the developer's engineer and have been given a
stamp of approval by the City's engineering or consultant staff. Mr. Hedges said that it was the
recommendation of the City Attorney that this language would not be in the best interests of the City
and, therefore, should not be included as a part of the development agreement.
Mr. Al Herrmann, the developer of Fairway Hills 3rd Addition, said he believed that contracts
should work in both party's favor. He said that twice plans have received approval by the City and if these
plans were carried out with good workmanship with minor adjustments, then once they are in, the developer
should not have to come in and incur additional costs that they did not intend. Mr. Herrmann said it was
costly to the developer when they put a price out and then have to make corrections of $1,000 per lot. He
said he believed contracts should protect the City, of course, but they should also protect the developer.
He said he believed that somewhere in the contract it should say that if the contract is performed as has
been asked, and checked and rechecked, then the developer should be protected too. He said he would
prefer to see this language in the development agreement. He would be happy to sign the development
agreement if this clause was included; however, he was not saying that he wouldn't sign it if it was not
included.
City Attorney Sheldon said that this type of language would place the City at a disadvantage. He
said that it is one thing to design the system versus checking someone else's design for that system. He
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August 21, 1990
said the City would be unwilling to use that type of language in the development agreement if they are not
the designer and the builder. Mr. Sheldon said that the person who designs and constructs the system
should be the one ultimately responsible for the viability of the system. He also asked who should bear
the risk and liability if the system does not work. The City Attorney said that if the City were to design
and develop the system, they would be expected to bear the responsibility; however, if the developer is the
designer and the developer of the system, then they should bear the responsibility. Mr. Herrmann wished
to make the point that once the system was in and completed in a workmanship-like manner, and the City
had checked it, his responsibility should be limited to that point. The Director of Public Works, Tom
Colbert, said that if the City were to come back with a change, it would mean that the system obviously
did not work and if it didn't work, it wasn't the checking that was the problem but the design. Mr. Colbert
said that if the system didn't work, it had to be a flaw in the design or construction. Mayor Egan made
the point that the City may very well look to the developer of Stafford Place for correction of the problems
in that project. He said they have not signed off the responsibility of the developer for the design of that
system.
Councilmember Gustafson said that a few years ago, the City looked at having all infrastructure
designed and installed by the City. The Councilmember said he had voted against that proposal so that
developers would have the flexibility of putting in the systems themselves. With that flexibility, however,
came the responsibility to assure that the systems worked.
Gustafson moved, McCrea seconded, a motion to approve the Fairway Hills 3rd Addition final plat
without the language as proposed by the developer. Aye: 5 Nay: 0 R-90. 59
RENEWALS/I'RAI ER PERMITS
After introduction by Mayor Egan, City Administrator Hedges said that at the July 10, 1990, City
Council meeting, the City Council directed staff to contact Tripp Oil Company, Lyle Schultz and American
Homes and require that they show cause why their trailer permits should be renewed.
Wachter moved, Egan seconded, a motion to approve a one-year trailer permit for Lyle Schultz for
a residential trailer at 1315 Carriage Hills Drive. Aye: 5 Nay: 0
After Councilmember Wachter questioned how much longer a trailer permit would be required by
Tripp Oil Company, McCrea moved, Gustafson seconded, a motion to approve a one-year trailer permit for
Tripp Oil Company for a trailer located at 3085 Highway 13. Aye: 4 Nay: 1 (Wachter)
Mr. Steven Isaacson of American Homes then discussed the trailer permit held by his company.
He said he had sold the business a year ago and it had been purchased by Dakota Homes, which has since
gone out of business. Mr. Isaacson said he has a sales lot permit and he is attempting to sell the remaining
trailers. Mr. Isaacson said he was not certain how much longer he would require a permit but he would
like to maintain it for at least one more year. He pointed out that his sales lot was in an industrial area.
Mayor Egan asked Mr. Isaacson if he was allowed to remain one more year, could he get the rest
of the trailers sold. Mr. Isaacson said that he pays commercial taxes and did not understand why he could
not maintain his sales lot permit indefinitely. After all, he said he does not pollute and the area does not
look unsightly.
Wachter moved, McCrea seconded, a motion to approve a one-year (or less) trailer permit for
American Homes located at 3660 Dodd Road. Aye: 5 Nay: 0
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August 21, 1990
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA J/MULTLFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said the item had been considered at the
July 17 City Council meeting. At that time, the City Attorney had been directed by the City Council to
prepare a memorandum of findings. Mr. Hedges said the memorandum had been prepared and distributed
to the City Council. He also pointed out that a letter had been received from the property owner and that
they were in agreement with this change.
After consideration of the City Attorney's findings, Gustafson moved, Wachter seconded, a motion
to deny the Comprehensive Guide Plan Amendment and Rezoning of Area J of the Multifamily Residential
Land Study. Aye: 5 Nay: 0
S
SPECIAL HUNTING PERMTT/JONATHAN YANTA
After introduction by Mayor Egan, City Administrator Hedges said Mr. Yanta had applied for a
permit in the past and had received approval. Mr. Hedges said that staff had reviewed the application and
it is in order. The Chief of Police recommended approval subject to the applicant's providing a list of
names and license numbers of those persons in Mr. Yanta's hunting party.
Gustafson moved, Pawlenty seconded, a motion to approve a request by Jonathan Yanta for a
special hunting permit for property owned by Joe Kenneally located in the south half of Section 18 between
old Cedar Avenue and the Burlington Northern Railroad tracks on the condition that the applicant supply
the names and license numbers of those in his hunting party. Aye: 5 Nay: 0
RENEWALJ'GENERAL L.IABILTTY/WORKERS COMPENSATION
INSURANCE JULY 1, 1990 - JUNE 30, 1991
After introduction by Mayor Egan, the City Administrator said that the renewal involved a
substantial change in rates. Mr. Hedges then introduced Jeff Bowers of First Insurance for a brief
presentation and then to answer questions.
Mr. Bowers said that most of the information in the packet was self-explanatory and that the City
had a claims-made policy. He said they had pursued higher deductible options, however, he did not feel
they were economically wise at this time. Mr. Bowers said that the City has to take a more self-insured
posture. He went on to say that the biggest area of concern was workers compensation. Mr. Bowers stated
that it was the result of three factors: 1) the total estimated payroll had increased, 2) the rates per $100
of payroll had increased substantially (which is outside of City-control), and 3) the City's experience modifier
had increased from 1.01 to 1.09.
City Administrator Hedges said that staff had discussed a higher deductible and the City is at the
threshold. He went on to say that the City is not quite big enough to take the step; however, it is not so
small that they shouldn't be looking at it.
Mayor Egan expressed concerns about the rate increase for workers compensation. He asked Mr.
Bowers if he was satisfied that with proper risk management the City could get workers compensation
more into line. Mr. Bowers said the City had no control over the rates; however, the experience modifier
factor could be worked on. He said it would be beneficial to the City to control the loss from these costs
from the beginning.
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August 21, 1990
Pawlenty moved, Gustafson seconded, a motion to approve as presented, the 1990/1991 general
liability/workers compensation renewal package. Aye: 5 Nay: 0
CERTIFICATION OF PROPOSED 1991 BUDGET & PROPERTY TAX LEVY
After introduction by Mayor Egan, the City Administrator said that in order to be in compliance
with the truth in taxation laws, the City must submit to the County Auditor its proposed property tax levy
for payable 1991 on or before September 1, 1990. Mr. Hedges went on to say that the request before the
Council was to give consideration to the proposed budget and adopt the levy of 1990 real estate taxes for
payable 1991. The City Administrator wished to point out that an $80,000 levy for equipment certificates
was also included for payable 1991. Mr. Hedges said that the levy for the certificates did not have to be
used but it could not be added later. He said it could always be deleted if Council so desired.
Gustafson moved, Wachter seconded, a motion to approve the proposed 1991 Budget and the
proposed levy for payable 1991 real estate taxes. Aye: 5 Nay: 0 R-90.60
CERTIFICATION OF 1991 BUDGET PUBLIC HEARING
AND CONTINUATION HEARING DATES
After introduction by Mayor Egan, the City Administrator said that the public hearing dates are
required by State law to be set by our jurisdiction and must be set for a date between November 15 and
December 20. It is required that the initial public hearing be set and a continuation date set in the event
it is necessary. The City Administrator said the City Council should give consideration to December 4, a
regular City Council meeting, as the public hearing date and, if necessary, a special meeting could be held
on December 11, 1990.
McCrea moved, Pawlenty seconded, a motion to set the 1991 budget public hearing date as
December 4, 1990, and the continuation hearing date as December 11, 1990, and authorized the City Clerk
to certify the dates to the County Auditor. Aye: 5 Nay: 0
VARIANCE/PRELAMIINARY PLAT
HILL OF STONEBRIDGE 3RD ADDITION
After introduction by Mayor Egan, the City Administrator said this was a variance to allow a cul
de sac in excess of 500', thereby revising the preliminary plat for Hills of Stonebridge 3rd Addition. He
said that the purpose of this variance was to permit overland drainage trails to be designed along rear lot
lines rather than using front and side yard drainage. Mr. Hedges said that upon completion of subsequent
phases of this development, Barrow Court will provide an additional outlet to Diffley Road ultimately
eliminating the need for this variance.
Larry Guthrie representing the developer, apologized for the lateness of a letter that he distributed
to the Council. Mr. Guthrie said they were not aware of any opposition to their application until yesterday.
He said he wished to raise the issue of Stafford Place as being why they are against the through street
versus the cul de sac. He said that with the cul de sac design, there would be a swale in the backyards
and with a 100 year event, the basement floors would be above the swale. With a through street, the
overland run off would go over the streets and sideyards. He said the real danger of sideyard easements
are the encroachments over time of landscaping and the possibility of a resulting change in the drainage
patterns. He said they oppose the through street design because of that and the cul de sac is the preferred
method. He also said he did not believe a variance would be required because it would be required only
if the cul de sac was to be permanent and this is not designed to be permanent. He said their major
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August 21, 1990
concern is getting final plat approval. Mr. Guthrie said the through street design was approved with the
preliminary plat last April and now it is almost September and they do not know which way the City wants
to go. He said they would like to be at the next City Council meeting and get final approval.
Director of Public Works Colbert said that from a Public Works Engineering perspective, he had
concerns regarding the 20+' depth of the sanitary sewer at the end of the cul de sac and the overdepth
watermain between houses. He said that would inhibit the ability to have access to any problems as the
houses settled or accessibility for any future corrective maintenance. He said with a through street, the
utilities would be in the public right of way in the street. In addition, without a through street, most of
the traffic would go through the Stafford Place development.
Mayor Egan then asked about the JP-27 issue. He said Mr. Guthrie's letter indicated an offer
regarding the cost of the storm sewer portion of this development and the question of whether or not this
project drains into or is burdened by JP-27. He said there seemed to be an effort to leverage the issue
before the Council with that issue. City Attorney Sheldon said that the direction from Council was that
the process move forward with the requirement that the developer pay half the costs or a specified dollar
amount and that was the process under which the City has been proceeding. He said the City intended to
proceed that way unless and until the Council changed their direction.
Councilmember Gustafson questioned whether the action to be considered addressed the issue. He
said the question seemed to be whether or not the road should go through and not a variance for a cul de
sac. Mayor Egan added that it appeared this to be a forum for expediting the approval of the final plat.
Mr. Guthrie said they have talked of participating in solving the JP-27 issue. He said they made
an offer to participate in half the estimated costs for JP-27 but they had wanted the final plat approval and
the issue resolved by the August 7 City Council meeting. He said they have now formally withdrawn the
offer. He said his client was still willing to participate along those lines but before resubmitting the offer
would like to be told that the City Council is ready to give final approval to the plat. He said he would
like to see everything done by the next City Council meeting and then they would decide whether they had
been delayed too much so it wouldn't make any difference to them and they would fight the JP-27 issue
as well as address the final plat approval. Mr. Guthrie said they wanted to be on record because they have
Stafford Place types of concerns that if flooding occurs in the future and the City Council asked who erred,
they want to be able to say they had recommended the overland drainage route. In answer to
Councilmember Gustafson's question, Director of Public Works Colbert said staff did not believe the
continuation of the road would have a detrimental impact on overland drainage.
Councilmember Gustafson asked Mr. Guthrie how they would respond to Staff concerns regarding
overdepth utility lines. Mr. Guthrie said that the manholes will be in the street and it will be the lines
going along the lot lines. Mr. Guthrie said Mr. Colbert had indicated that there had been claims in the
past when sewer lines had gone along lot lines. Mr. Guthrie said they have one of those claims before the
City and it is not being recognized by the City. He said the City's recognizing this claim is also a condition
of their participation of JP-27. Mr. Colbert said there had been on-going discussions and negotiations in
regard to the settlement of that claim; however, it would be more accurate to say that the City does not
accept that claim. Mr. Colbert said the mere fact that the claim has been submitted should be a major
reason the City should not allow a similar situation to occur and result in another claim. Mr. Colbert also
wished to add that Staff had not delayed the final plat but Mr. Guthrie's client had submitted revisions that
the City does not feel approvals have been granted for. He said if the original plans and original plat had
been submitted, it could have been processed. Mr. Guthrie said the original plan would have gone through
if the City had not requested to resolve JP-27 and require them to submit an application for a feasibility
report for JP-27.
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August 21, 1990
Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet
to revise the preliminary plat for Hills of Stonebridge 3rd Addition.
Mayor Egan said the issue of JP-27 would have to be resolved before the final plat is approve,
however, it was not the issue before the Council.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
FINASERVE INC. ADDITION
Mayor Egan introduced the item and the City Administrator said that the Advisory Planning
Commission had recommended approval.
Director of Community Development Runkle said that in reviewing the building permit for
improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that
because of the improvements, platting is required. A conditional use permit is also needed for the existing
pylon sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since
the Advisory Planning Commission meeting, the issue of two pylon signs had been resolved.
Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner
and better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and
the Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate
one of the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the
platting requirements and that had set their construction schedule back. He said they were anticipating
problems with the final plat because of the survey discrepancy which will have to be approved by the
County. Because it will delay their construction, they are requesting that a building permit be issued in
addition to a certificate of occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow
regarding the torrens certificate to correct the legal description. Mr. Sheldon said there would be no
problem with the building permit but the issue of the certificate of occupancy should wait until they are
ready to occupy and the City has an idea of where they are in terms of their development and their
proceedings subsequent to certificate and correction of the title.
Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Finaserve, Inc.,
Addition/Fina Oil & Chemical Company consisting of approximately 1.7 acres for a motor fuel station. Aye:
5 Nay: 0
Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign
and motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section
12. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA A/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said this was one of the parcels being
examined throughout the City as a part of the Multifamily Residential Land Study.
Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue
and no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in
agreement with the proposed changes.
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Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan
Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the
findings of fact by the City Attorney.
Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel,
and questioned whether the Council should proceed without a more definitive legal opinion from the City
Attorney. City Attorney said they had been of the opinion that they not prepare findings until the Council
has had the ultimate presentation on the matter and whatever information comes out of that would be the
direct findings. Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion
before action is taken and action on the final approval delayed until they have received those findings. City
Administrator Hedges said said that perhaps the action should be that the City Council directed the City
Attorney to prepare the legal opinion and findings and then it could come back as a ratification. Mr.
Hedges said that Staff would contact Mr. Kennedy to see if there were any objections the City should be
aware of.
Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan
Amendment and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the
findings of fact by the City Attorney. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY
Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan
Amendment for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings
of fact by the City Attorney. Aye: 5 Nay: 0
DRIVEWAY AGREEMENT/PARCEL 033-03
The City Administrator said that Staff had been working with this individual and they were anxious
to proceed with construction.
After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion
to approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr.
Brad Stricker subject to the following conditions:
1. That if the applicant wishes to further subdivide his property, platting will be required.
2. That the applicant will rezone the property to an R-1 (Single Family) District.
Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative
Agenda and that he could not vote in favor of it. Aye: 3 Nay: 2 (Egan & Pawlenty)
UPGRADING OF CLIFF ROAD WEST OF I-35E
Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the
rescheduling of the upgrade of Cliff Road, west of I-35E from a 1992 project to a 1991 project. Aye: 5
Nay: 0
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August 21, 1990
AUTHORIZATION/PURCHASE OF EIGHT 1991 SQUAD CARS
McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin
County Joint Purchasing Agreement to commit to the 1991 purchase of eight (8) squad cars. Aye: 5 Nay:
0
VISITORS TO BE HEARD
Heard.
As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be
CARLSON LAKE PARK
City Administrator Hedges said that Neil Raisanen had approached the City Council at their last
meeting regarding the removal of a number of trees with the Carlson Lake park improvements. He said
at that meeting, the Council had asked that no additional trees be removed. The City Council discussed
the issue further at a work session on August 9 and at that time, Landscape Architect/Parks Planner Steve
Sullivan provided background. Mr. Hedges said that an on-site meeting was held with a number of residents
on August 20.
Mayor Egan said that he is pro park development and wanted to see the park system developed
as planned. But, he added, none of the 30+ parks that have been developed in the City to date has been
so dramatic or created such intense emotions as this one has. The Mayor said some of the issues could
have been handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area
near the lake. In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and
was a 20' construction zone necessary. He said it was a neighborhood park and no one had requested that
the park be developed so intensely and perhaps the issue should have been looked at more carefully.
Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting
the following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment
and 4) spend money on reforestation. He asked that the park be returned to what it was.
After additional discussion, Councilmember Gustafson asked what the budget was for this park.
He said he would not be in favor of spending more than what was budgeted. The Councilmember said the
Parks Department should be authorized to work with the neighbors and agree on a plan within the
boundaries of budgetary constraints.
Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back
to the Advisory Parks and Recreation Commission for the purposes of revising the plans for development
to a passive nature, to authorize the preparation of the appropriate change orders and to stay any further
construction on the park.
Director of Parks and Recreation Vraa said the contractor has other work with the City and has
been shifted to other parks. Staff is attempting not to incur any damages but a change order will have
to be negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there
will be a cost savings but other costs may be incurred.
Aye: 5 Nay: 0
00304
Page 19/EAGAN CITY COUNCIL MINUTES
August 21, 1990
HELEN TIIIFRY PROPERTY/DRAINAGE CONCERNS
Ms. Helen Tillery, who was also present at the August 7 meeting, said that her property was
experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her
property was constructed too high. She said this had caused run off problems as the water was then
diverted onto her property washing out landscaping in that portion of her yard.
Director of Public Works Colbert said two plans were submitted with the plat for the Hills of
Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a
common lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the
development did not provide for grades that would have allowed the construction of this common drainage
swale along the back lot line. In the development agreement for the Hills of Stonebridge, the developer
was responsible for grading the public right of way that would incorporate the streets, utilities and trail.
He said Staffs contention is, that if the trailway is 10" too high, it was constructed to that higher elevation
by the developer who did all the grading in the area. The City placed a trailway on top of grades that
were provided by the developer. The trail was constructed in 1989, the home to the north was not occupied
until August 1989, and at that point the existing elevation was shown as higher than what the proposed
elevation was to be. Mr. Colbert added that once the trailway was constructed, it did not preclude the
property owners or the developer from matching the grade that was originally provided to the City in the
final detailed landscaping and drainage of each lot.
After continuing the discussion, the Director of Public Works said with minor modifications, he was
of the opinion the drainage problems could be easily corrected. He said that a change in the grading of
the berm in the backyard area would take the water over the path and out into the street as originally
intended.
City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface
water drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the
homeowner has to deal with their own drainage pattern. He said it was similar to individual builder/lot
owner problems.
Gustafson moved, Pawlenty seconded, a motion to direct the builder/developer to take corrective
action at their expense as to the berm and lowering of the pathway if necessary and that this action be
taken in accordance with City standards. Aye: 5 Nay: 0
RESOLUTION/MINNESOTA PUBLIC RADIO
Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the
location of their radio towers. He said they had requested that the City Council approve a resolution
endorsing this second site. Councilmember Gustafson said in its present form, he did not believe the
resolution was what Council wished to say. After further discussion, the City Council determined that it
would be inappropriate to take any action on the resolution prior to the public hearing pending before
the Advisory Planning Commission.
Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the
amount of $686,428.26. Aye: 5 Nay: 0
00305
Page 20/EAGAN CITY COUNCIL MINUTES
August 21, 1990
ADJOURNMENT
The meeting was adjourned at 12:30 a.m. on August 22, 1990.
KF
O EAG
E anOverbeke, City Clerk
EXHIBIT A
FEASIBILITY 00306
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. A summary of the recommended improvements are listed
below:
A.) Overland Drainage Swale-Vest side Braddock Trail $ 17.470
B.) Street Reconstruction
30,660
C.) Retention Basin & Overland Swale from Vermont 38,290
D.) New York & Vermont - Additional catch basins 11,650
E.) Ravine Junction ME to Shortline/Pennsylvania 28,680
F.) Shortline/Pennsylvania to Low Point Northview Park Road 123,700
G.) Low Point in Northview Park Road to Pond JP-21 217,940
H.) Eroded areas outside construction limits 5,260
TOTAL .............................. $473,650
The total estimated project cost includes contingencies and all related
overhead. Overhead costs are estimated at 301 and incude legal, engineering,
administration, and bond interest.
ALTERNATE IMPROVEMENTS
The previously recommended improvements will improve the storm water
drainage system to about the level of performance that we believe is
consistent with good storm drainage management practices and to the standard
expected by the residents. Therefore, the recommendations are 'feasible from
an engineering standpoint.' However, the cost of the improvements ($473,650)
stretches economic feasiblity. In any engineering design there is *a need to
balance:
Page 7.
RPT49511
00301
Page 16/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Wachter moved, Egan seconded, a motion to deny a variance for a cul de sac in excess of 500 feet to
revise the preliminary plat for Hills of Stonebridge 3rd Addition.
Mayor Egan said the issue of JP-27 would have to be resolved before the final plat is approved, however,
it was not the issue before the Council.
Aye: 5 Nay: 0
PRELIMINARY PLAT/CONDITIONAL USE PERMIT
FINASERVE INC. ADDITION
Mayor Egan introduced the item and the CityAdministrator said that the Advisory Planning Commission
had recommended approval.
Director of Community Development Runkle said that in reviewing the building permit for
improvements to the property, it was learned that the property had not been platted. Mr. Runkle said that
because of the improvements, platting is required. A conditional use permit is also needed for the existing pylon
sign, and the use as a motor fuel station in a general business district. Mr. Runkle added that since the Advisory
Planning Commission meeting, the issue of two pylon signs had been resolved.
Mr. Don Morrow, representing the applicant, stated that improvements would enhance the corner and
better serve their customers. Mr. Morrow said they were in agreement with staff recommendations and the
Advisory Planning Commission's main issue was the pylon sign. He said Fina had agreed to eliminate one of
the pylon signs and maintain the existing pylon sign. Mr. Morrow said he was not aware of the platting
requirements and that had set their construction schedule back. He said they were anticipating problems with
the final plat because of the survey discrepancy which will have to be approved by the County. Because it will
delay their construction, they are requesting that a building permit be issued in addition to a certificate of
occupancy. Mr. Sheldon said a letter had been received from Mr. Morrow regarding the torrens certificate to
correct the legal description. Mr. Sheldon said there would be no problem with the building permit but the issue
of the certificate of occupancy should wait until they are ready to occupy and the City has an idea of where they
are in terms of their development and their proceedings subsequent to certificate and correction of the title.
Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for the Finaserve, Inc.,
Addition/Fina Oil & Chemical Company consisting of approximately 1.7 acres for a motor fuel station subject
to the following conditions:
1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall
be complied with:
Al, B1, B2, B3, B4, C1, C2, C4, D1, El, F1 and H1.
2. No outdoor sales, storage, or displays shall be allowed.
3. Trash and recycling enclosure shall be of adequate size to accommodate trash dumpter and recycling
container.
4. Roof top mechanical equipment shall not be visible.
5. The applicant shall provide irrigation system for all sodded areas.
6. The locust trees shall be changed to summit ash on the landscaping plan.
7. Also plantings in MnDOT right-of-way shall require MnDOT approval.
8. The gasoline tank stand pipes shall be attached to the building.
9. The development is required to limit the site generated storm water run-off to the five-year storm
event.
10. All site generated storm water run-off is required to be ponded prior to discharge into the existing
storm drainage system.
003,G2
Page 17/EAGAN CITY COUNCIL MINUTES
August 21, 1990
11. Review and approval by MnDOT is required prior to final plat approvaL
12. The development is required to provide a nutrient treatment basin for storm water run-off in
accordance with the criteria identified in the City's Water Quality Management Plan.
Aye: 5 Nay. 0
Gustafson moved, Egan seconded, a motion to approve a conditional use permit for a pylon sign and
motor fuel sales located at the intersection of Highways 149 and 55 in the northwest quarter of Section 12. Aye:
5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING
AREA A/MULTIFAMILY RESIDENTIAL LAND STUDY
After introduction by Mayor Egan, the City Administrator said this was one of the parcels being
examined throughout the City as a part of the Multifamily Residential Land Study.
Mayor Egan asked if anyone, including the property owner, was in attendance to address the issue and
no one was. The Mayor said it was his understanding that the owners, the Kennedy's, were in agreement with
the proposed changes.
Wachter moved, Gustafson seconded, a motion to approve the Comprehensive Guide Plan Amendment
and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact
by the City Attorney.
Councilmember Pawlenty said he was concerned that some legal issues were flagged for this parcel, and
questioned whether the Council should proceed without a more definitive legal opinion from the City Attorney.
City Attorney said they had been of the opinion that they not prepare findings until the Council has had the
ultimate presentation on the matter and whatever information comes out of that would be the direct findings.
Councilmember Pawlenty said as a matter of practice, the Council needs a legal opinion before action is taken
and action on the final approval delayed until they have received those findings. City Administrator Hedges said
said that perhaps the action should be that the City Council directed the City Attorney to prepare the legal
opinion and findings and then it could come back as a ratification. Mr. Hedges said that Staff would contact Mr.
Kennedy to see if there were any objections the City should be aware of.
Wachter moved, Pawlenty seconded a motion to approve the Comprehensive Guide Plan Amendment
and Rezoning of Multifamily Residential Land Study Area A subject to the preparation of the findings of fact
by the City Attorney. Aye: 5 Nay. 0
COMPREHENSIVE GUIDE PLAN AMENDMENT
AREA Q/MULTIFAMILY RESIDENTIAL LAND STUDY
Gustafson moved, Pawlenty seconded, a motion to approve the Comprehensive Guide Plan Amendment
for Area Q of the Multifamily Residential Land Study subject to the preparation of the findings of fact by the
City Attorney. Aye: 5 Nay: 0
DRIVEWAY AGREEMENT/PARCEL 033-03
The City Administrator said that Staff had been working with this individual and they were anxious to
proceed with construction.
Page 18/EAGAN CITY COUNCIL MINUTES
August 21, 1990
After brief discussion of the background of the item, Gustafson moved, McCrea seconded, a motion to
approve the granting of a driveway agreement and authorize the issuance of a building permit for Mr. Brad
Stricker subject to the following conditions:
1. That if the applicant wishes to further subdivide his property, platting will be required.
2. That the applicant will rezone the property to an R-1 (Single Family) District.
Mayor Egan said, in his opinion, the item was too significant to be included with the Administrative
Agenda and that he could not vote in favor of it. Aye: 3 Nay. 2 (Egan & Pawlenty)
UPGRADING OF CLIFF ROAD WEST OF I-35E
R 90.61
Gustafson moved, McCrea seconded, a motion to approve a request by Dakota County for the
rescheduling of the upgrade of Cliff Road, west of I-35E from a 1992 project to a 1991 project.. Aye: 5 Nay.
0
AUTHORIZATION/PURCHASE OF EIGHT 1991 SQUAD CARS
McCrea moved, Gustafson seconded, a motion to approve the City's participation in the Hennepin
County Joint Purchasing Agreement to commit to the 1991 purchase of eight.(8) squad cars. Aye: 5 Nay: 0
VISITORS TO BE HEARD
Heard.
As indicated with the adoption of the agenda, two items were to be discussed under Visitors to be
CARLSON LAKE PARK
City Administrator Hedges said that Neil Raisanen had approached the City Council at their last meeting
regarding the removal of a number of trees with the Carlson Lake park improvements. He said at that meeting,
the Council had asked that no additional trees be removed. The City Council discussed the issue further at a
work session on August 9 and at that time, Landscape Architect/Parks Planner Steve Sullivan provided
background. Mr. Hedges said that an on-site meeting was held with a number of residents on August 20.
Mayor Egan said that he is pro park development and wanted to see the park system developed as
planned. But, he added, none of the 30+ parks that have been developed in the City to date has been so
dramatic or created such intense emotions as this one has. The Mayor said some of the issues could have been
handled more sensitively. He questioned, for instance, having a basketball court in a "bowl" area near the lake.
In regard to the trail, Mayor Egan wondered if an 8' wide trail was the only safe width and was a 20'
construction zone necessary. He said it was a neighborhood park and no one had requested that the park be
developed so intensely and perhaps the issue should have been looked at more carefully.
Mr. Neil Raisanen said he was submitting a petition from 111 persons. He said he was requesting the
following four points: 1) Stop what's going on, 2) Cancel the trail, 3) Cancel the playground equipment and 4)
spend money on reforestation. He asked that the park be returned to what it was.
After additional discussion, Councilmember Gustafson asked what the budget was for this park. He said
he would not be in favor of spending more than what was budgeted. The Councilmember said the Parks
Department should be authorized to work with the neighbors and agree on a plan within the boundaries of
budgetary constraints.
Ot?3O4
Page 19/EAGAN CITY COUNCIL MINUTES
August 21, 1990
Egan moved, Gustafson seconded, a motion to refer the development of Carlson Lake Park back to the
Advisory Parks and Recreation Commission for the purposes of revising the plans for development to a passive
nature, to authorize the preparation of the appropriate change orders and to stay any further construction on
the park.
Director of Parks and Recreation Vraa said the contractor has other work with the City and has been
shifted to other parks. Staff is attempting not .to incur any damages but a change order will have to be
negotiated. Mr. Vraa said they are hopeful that with the elimination of some of the equipment there will be a
cost savings but other costs may be incurred.
Aye: 5 Nay: 0
HELEN TILLERY PROPERTY/DRAINAGE CONCERNS
Ms. Helen Tillery, who was also present at the. August 7 meeting, said that her property was
experiencing drainage problems because, in her builder's opinion, the path that runs along the side of her
property was constructed too high. She said this had caused run off problems as the water was then diverted
onto her property washing out landscaping in that portion of her yard.
Director of Public Works Colbert said two plans were submitted with the plat for the Hills of
Stonebridge. One was the Development Plan which shows the backyard drainage being directed to a common
lot line out to Northview Park Road. However, the Grading and Drainage Plan submitted by the development
did not provide for grades that would have allowed the construction of this common drainage Swale along the
back lot line. In the development agreement for the Hills of Stonebridge, the developer was responsible for
grading the public right of way that would incorporate the streets, utilities and trail. He said Staffs contention
is, that if the trailway is 10" too high, it was constructed to that higher elevation by the developer who did all the
grading in the area. The City placed a trailway on top of grades that were provided by the developer. The trail
was constructed in 1989, the home to the north was not occupied until August 1989, and at that point the existing
elevation was shown as higher than what the proposed elevation was to be. Mr. Colbert added that once the
trailway was constructed, it did not preclude the property owners or the developer from matching the grade that
was originally provided to the City in the final detailed landscaping and drainage of each lot.
After continuing the discussion, the Director of Public Works said with minor modifications, he was of
the opinion the drainage problems could be easily corrected. He said that a change in the grading of the berm
in the backyard area would take the water over the path and out into the street as originally intended.
City Attorney Sheldon said that this issue was similar to that which prompted his memo on surface water
drainage. Mr. Sheldon said the City has an obligation to deal with the overall drainage plans but the homeowner
has to deal with their own drainage pattern. He said it was similar to individual builder/lot owner problems.
Gustafson moved, Pawlenty seconded, a motion to direct the builder/developer to take corrective action
at their expense as to the berm and lowering of the pathway if necessary and that this action be taken in
accordance with City standards. Aye: 5 Nay: 0
RESOLUTION/MINNESOTA PUBLIC RADIO
Councilmember Gustafson said that the Minnesota Public Radio was pursuing a second site for the
location of their radio towers. He said they had requested that the City Council approve a resolution endorsing
Page 20/EAGAN CITY COUNCIL MINUTES
August 21, 1990
this second site. Councilmember Gustafson said in its present form, he did not believe the resolution was what
Council wished to say. After further discussion, the City Council determined that it would be inappropriate to
take any action on the resolution prior to the public hearing pending before the Advisory Planning Commission.
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist for August 21, 1990, in the amount
of $686,428.26. Aye: 5 Nay. 0
ADJOURNMENT
The meeting was adjourned at 1230 am. on August 22, 1990.
CITY OF EAGAN
E. Overbeke, City Clerk
L
KF
Exhibit A
PLUMBERS LICENSE FEB. 20,1990
1. AAA Plumbing by Newstrom
2. Andreasen Plumbing a Heating
3. Bruckmueller Plumbing
4. Cokley Plumbing
5. Tom Hessian Plumbing Inc.
6. Janecky Plumbing
7. K & K Heating & Plumbing Inc.
8. Kramer Mechanical Plbg & Htg.
9. Ra-Mar Plumbing Inc.
10. Richmond Plumbing & Beating, Inc.
WATER SOFTENER LICENSE
1. Minnesota Water Treatment Inc.
.1CIV1 0T'
I L-LU-0V I 4'LlrIII I
02/20/90 15;30
(RESDEPT ) JR
El883A2
Exhibit B
1 Author's Amendment
2
3
4 Representative price moves to amend H.P. 1883 as follows:
5 Delete everything after the enacting clause and insert
6 "Section 1. Minnesota Statutes 1988, section 105.405,
7 subdivision 3, is amended to reads
8 Subd. 3. [REQDIAEMENTS FOR CONSUMPTIVE USE.) (a) Except as
9 provided in paragraph (b), a permit authorized by sections
10 105.37 to 105.55 or a plan that requires a permit ox the
11 commissioner's approval, involving a consumptive use of more
12 than 2,000,000 gallons per day average in a 3D-day period, may
13 not be granted or approved until afters (1) a determination by
14 the commissioner that the water remaining in the basin of origin
15 will be adequate to most the basin's water resources needs
16 during the specified life of the consumptive use;; and (2)
17 approval by the legislature.
18 (b) Legislative approval under paragraph (a), clause (2),
19 is not required for a consumptive use in excess of 2,000,000
20 gallons per day average in a 30-day period for:
21 (1) a domestic water supply, excluding industrial and
22 commercial uses of a municipal water supply; and
23 (2) agricultural irrigation and processing of agricultural
24 productsl
1
SENT BY: 2-20-80 4;YUeM --- -
Exhibit B
02/20/90 15,30 (RESDEPT I JR 11883A2
1 (3) construction of a dewaterinc system; and
2 (4) pollution abatement or remediation.
3 Sec. 2. (APPROVAL OF CURRENT PROJECTS.)
4 Pursuant to section 1, the commissioner of natural
5 resources has rsport.d to the legislature that the projects
6 listed below require eater appropriates Son permits for consumptive
7 use in excess of 2,000,000 gallons per day average in a 30°day
I period. The commissioner must detsrmini or each projeCt that
9 the water remaining in the basin of origin will be adequate to
10 meat the basins aeedsfor water. Upon the affirmative
11 determination of the commissioner, the legislature hereby grants
12 the commissioner authority to ispus the r. aired appropriation
13 permits for the following projects;
14 (l) Blue Lake Wastewater Treatment Facilityp
15 (2) Empire Wastewater Treatment Facilityp
16 (3) Minneapolis east Interceptor Project.
17 (4) Seneca Wastewater Treatment Facility,
18 L5) Stillwater Wastewater Treatment Facility,
19 (J) Minnesota pollution Control Agency Superfund Site at
20 Lallillier, Minne rota;
21 (7) Anoka Municipal Sanitary Landfill in Ramsey, Minnesota,
22 18) United States Army Twin City Army Ammunition Plant
23 TTCCAAP ) ,,
24 (9) Flying Cloud Landfill in Eden Prairie, Minnesota
25 (10) Onit.d States Army Corps off Engineers Pie
26 Lake-Vermillion River Bottoms:
27 (2.1) Habitat Rehabilitation Enhancement Project in Dakota
28 and Goodhue counties: and
29 (l3 )Minneapolis Chain of Lakes Water Level Augmentation*
30 Sec. 3. (EXISTING RIGRTS AND RESPON$IP LITIES.]
31 Legislative approval under section 3-shall not affect:
32 (1) Exiatina rights of parties to challenge a Permit under
33 sec tiOn l05.44tand
34 (2) And liability of project sponsors that exists elsewhere
35 in statute,
36 See. 4. (EFFECTIVE DATE.)
2
yr r u
1
2
3
4
5
6
Exhibit B
02/20/90 1500 (itESDEPT ) JS 91883A2
Lhis act is effective the day following final enactment."
Further delete the title and insert:
"A bill for an act
relating to water resources: approving certain permits
under certain conditions; amending Minnesota Statutes
1998, section 105.405, subdivision 3."
r
3
00067
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 6, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
March 6, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Public Works Director Tom Colbert, and City Attorney James
Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Add Item A, Additional Items, Easement Acquisition, Project 571,
Stearns Addition
Item A, Old Business, Conditional Use Permit, Xaviers Restaurant,
Request to Continue to the March 20, 1990, City Council meeting.
Item B, Old Business, On-Sale Liquor License Application, Xavier
Incorporated, Request to Continue to the March 20, 1990, City Council
meeting.
Item D, New Business, Conditional Use Permit, Federal Land Company,
Request to Continue to the March 20, 1990, City Council meeting.
Item H, New Business, Conditional Use Permit and Variance, Minnesota
Public Radio, Request to Continue to the April 3, 1990, City Council
meeting.
The City Council expressed concerns regarding the request to continue
the Conditional Use Permit and Variance for Minnesota Public Radio to the
April 3 meeting. The item has been continued many times since their
original application in July 1989. It was the consensus of the Council
that the item be heard at the April 3 meeting with no further
continuances.
Wachter moved, and Gustafson seconded, a motion to approve the agenda
as amended. Aye: 5 Nay: 0
MINUTES
Pawlenty moved, and Gustafson seconded, a motion to approve the
minutes for the February 20, 1990, regular City Council meeting with the
following corrections:
PAGE 2/EAGAN CITY COUNCIL MINUTES 00068
March 6, 1990
Page 7, Waiver of Plat, Robert Engstrom Companies, be corrected to
read:
Gustafson moved, McCrea seconded, a motion to approve a waiver of
plat for Robert Engstrom & Associates for Parcel 021-29 within the Gopher
Eagan Planned Development and that the waiver of plat be subject to:
1. Recording with Dakota County within sixty days of City Council
action with documentation being provided to City staff.
2. All other applicable ordinances.
3. Obtaining an easement for Pond JP-33-
4. Obtaining a storm sewer easement.
Aye: 5 Nay: 0
McCrea moved, and Wachter seconded, a motion to approve the minutes
for the February 13, 1990, special City Council meeting. Aye: 5
Nay: 0
DEPARTMENT HEAD BUSINESS
PUBLIC WORKS DEPARTMENT/TRAFFIC SIGNAL
HIGHSITE DRIVE & PILOT KNOB ROAD (UNISYS CORPORATION)
The Director of Public Works reported that with underruns in the
public improvements associated with the tax increment financing for the
Unisys Marketing and Customer Services Building and deletion of the
trailway adjacent to the Timberline Addition, sufficient dollars are now
available from that fund to fully finance the costs for a signal at the
intersection of Highsite Drive and Pilot Knob Road. The Dakota County
Traffic Engineer has indicated a willingness to present a formal request
to the County Board of Commissioners noting that the intersection
technically meets signalization warrants and that no County funding would
be required. Although this particular intersection technically meets the
warrants to justify installation of a traffic signal, Dakota County has
expressed a reluctance to install a signal at an intersection where no
definable, hazardous situation exists. The City Council also questioned
the advisability of this action.
Unisys has indicated that a signal at this intersection would better
facilitate traffic flow in the area. Some residents are experiencing
difficulty getting onto Pilot Knob Road and a signal would also improve
that situation. The tax increment financing money will only be available
for a short time. If the signal is delayed and monies in the tax
increment financing fund are depleted, the costs of installation will be
the responsibility of the City and the County.
00069
PAGE 3/EAGAN CITY COUNCIL MINUTES
March 6, 1990
The Director of Public Works reported that signal needs may change
as traffic patterns change and the intersection may be added to future
five-year plans for signalization.
Wachter moved, and McCrea seconded, a motion to deny a formal request
to Dakota County for the installation of a traffic signal on Pilot Knob
Road (County Road 31) at Highsite Drive. Aye: 5 Nay: 0
Fire Chief Southorn then reported briefly on a fire at a home under
construction on Murphy Parkway. City Administrator Hedges commended the
Fire Chief for the Fire Explorers Program. There are fourteen young
people who have expressed interest in being a part of this program.
CONSENT AGENDA
A. Personnel Items.
There were no personnel items to be discussed.
B. Plumbers License.
The plumbers licenses were approved as presented.
C. Correction, Special City Council Meeting of September 13, 1988.
The minutes of a special meeting of the Eagan City Council of
September 13, 1988, were amended to include an item entitled, "Final
Ratification of a Planned Development Agreement, Comprehensive Guide Plan
Amendment, Rezoning, and Preliminary Plat for Rahn Cliff 2nd Addition,"
and further, the action was taken to approve these applications at the
special City Council meeting of September 13, 1988.
D. License, Amusement Device, American Amusement Arcade at Eagan
Athletic Club.
An amusement device license for American Amusement Arcade to locate
two amusement device machines at Eagan Tennis and Athletic Club was
approved.
E. Approve County Traffic Signal Agreements (Cliff Road @ Slaters
Road and Beacon Hill Road).
A traffic signal agreement, #90-03 (Cliff Road @ Beacon Hill Road)
and #90-02 (Cliff Road @ Slaters Road) was approved and the Mayor and
City Clerk authorized to execute all related documents.
00070
PAGE 4/EAGAN CITY COUNCIL MINUTES
March 6, 1990
F. Project 590, Authorize Feasibility Report (South Pilot Knob Road -
Streets and Utilities).
The preparation of a feasibility report for Project 590 (South Pilot
Knob Road - Streets and Utilities) was authorized.
G. Approve Specifications/Authorize Advertisement for Bids (Public
Works Front-End Loader - Unit #145).
Councilmember Pawlenty questioned whether or not it was advisable to
include a five-year maintenance contract with the bidding of this loader.
Director of Public Works cited favorable past history; however, added
that the cost of the contract is broken out as a separate item on the
bids.
The specifications were approved and the advertisement for bids for
a Public Works front-end loader, Unit #145, was authorized with a bid
opening scheduled for 10:30 a.m., Friday, April 20, 1990.
H. Application for Blue Bell Ice Cream to Operate Ice Cream Trucks
on City Streets, April 1 to October 1. 1990.
An application for Blue Bell Ice Cream to Operate Ice Cream Trucks
on City Streets, April 1 to October 1, 1990, was approved subject to the
following conditions:
1. Continuance of liability insurance evidenced by an insurance
certificate.
2. Hours of operation will be from 12:00 noon to 15 minutes prior
to sunset.
3. The approval is guaranteed from April 1 until October 1 of the
current year.
4. The trucks will not generate a noise level greater than 65
decibels.
5. Caution swing arms will be required on each vehicle.
6. Local employment will be used for drivers operating in the City
of Eagan.
I. Project 591, Receive Petition/Authorize Preparation of
Feasibility Report and Detailed Plans (Tranby lst Addition - Storm &
Sanitary Sewer).
The petition for Project 591 (Tranby 1st Addition - Storm & Sanitary
Sewer) was received and the preparation of a feasibility report and
detailed plans and specifications were authorized.
00071
PAGE 5/EAGAN CITY COUNCIL MINUTES
March 6, 1990
J. Project 592, Receive Petition/Authorize Preparation of
Feasibility Report (Wilmus Addition - Trunk Storm Sewer).
The petition for Project 592 (Wilmus Addition - Trunk Storm Sewer)
was received and the preparation of a feasibility report was authorized.
K. Contract 87-UU. Acknowledgement of Completion (R & B Addition -
Water Main and Storm Sewer).
Completion of Contract 87-UU (R & B Addition - Water Main and Storm
Sewer) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
L. Contract 84-J, Acknowledgement of Completion (Oak Cliff 1st
Addition - Streets and Utilities).
Completion of Contract 84-J (Oak Cliff 1st Addition - Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
M. Contract 85-E, Acknowledgement of Completion (Oak Cliff 2nd
Addition - Streets and Utilities).
Completion of Contract 85-E (Oak Cliff 2nd Addition - Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
N. Contract 86-0, Acknowledgement of Completion (Oak Cliff 4th
Addition - Streets and Utilities).
Completion of Contract 86-Q (Oak Cliff 4th Addition - Streets and
Utilities) was acknowledged, the release of financial security and the
assumption of maintenance responsibility subject to the appropriate
warranty provisions were authorized.
McCrea moved, and Gustafson seconded, a motion to approve the Consent
Agenda items. Aye: 5 Nay: 0
PUBLIC HEARINGS
VACATE UTILITY EASEMENT/RAHNCLIFF 2ND ADDITION
Wachter moved, Pawlenty seconded, a motion to close the public
hearing and to approve the vacation of portions of the utility easement
within the Rahncliff 2nd Addition as described in the petition.
Aye: 5 Nay: 0
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March 6, 1990
VACATE UTILITY EASEMENT/CLIFF LAKE CENTER ADDITION
McCrea moved, Gustafson seconded, a motion to close the public
hearing and to approve the vacation of portions of the utility easement
within the Cliff Lake Centre Addition as described in the petition.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT
XAVIERS RESTAURANT FOR ON-SALE LIQUOR
An accounting firm has been retained to conduct a financial review
of the applicant. The City Council questioned who would bear the costs
of the review. The Administrator advised that the applicant will be
required to escrow an amount equal to those costs exceeding the
investigation fee.
McCrea moved, Gustafson seconded, a motion to continue to the March
20, 1990, regular City Council meeting, a conditional use permit to allow
on-sale liquor at Xaviers Restaurant, 1260 Town Centre Drive/Town Centre
Shoppes. Aye: 5 Nay: 0
ON-SALE LIQUOR LICENSE APPLICATION
XAVIERS INC.
McCrea moved, Wachter seconded, a motion to continue to the March
20, 1990, regular City Council meeting, the on-sale liquor license
application for Xavier Inc. Aye: 5 Nay: 0
EXTENSION/PRELIMINARY PLAT FOR AUTUMN RIDGE ADDITION
After discussing changes in the street alignment and a cul de sac,
Pawlenty moved, and Wachter seconded, a motion to approve a preliminary
plat extension for the Autumn Ridge Addition subject to the following
conditions:
1. That these standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, B3, B4, Cl, C2, C3, C5, Dl, El, F1, and G1.
2. That the development must have access to the property from Dodd.
3. That Phase Two of the development shall not be constructed until
a second access to the development is provided.
4. That if any outstanding fees are owed the City, that full payment
would be a condition of extension.
5. That the financial obligation be changed to reflect the 1990
rates for sanitary sewer trunk, water trunk and storm trunk.
Aye: 5 Nay: 0
00073
PAGE 7/EAGAN CITY COUNCIL MINUTES
March 6, 1990
NEW BUSINESS
RESIGNATION/GREG GAPPA
AIRPORT RELATIONS COMMITTEE
Because the Airport Relations Committee already has a full compliment
of members, no action was taken to replace Mr. Gappa.
1989 GENERAL FUND BUDGET AND
FUND TRANSFERS
McCrea moved, Wachter seconded, a motion to approve without
modification, the 1990 General Fund budget adjustments, miscellaneous
fund transfers, Solid Waste Abatement Fund budget adjustments and the
Fines and Forfeits Fund budget adoption. Aye: 5 Nay: 0
PRELIMINARY PLAT EXTENSION
COUNTRY HOLLOW 2ND ADDITION
The developer of the project, Warren Israelson of Progress Companies,
Inc., was present to discuss their request for preliminary and final plat
extension. Because of confusion regarding a previous request for
extension, in addition to an inconsistency between the minutes and a
resolution, Council recommended that the issue be clarified prior to any
further extension.
Wachter moved, and Pawlenty seconded, a motion to continue to the
March 20, 1990, regular City Council meeting, a preliminary plat
extension for Country Hollow 2nd Addition to allow for staff
clarification.
Aye: 5 Nay: 0
AUTOMOBILE RENTAL STORAGE
FEDERAL LAND COMPANY
Gustafson moved, McCrea seconded, a motion to continue to the March
20, 1990, regular City Council meeting, a conditional use permit for
Federal Land Company to allow automobile rental storage on behalf of
Agency Rent-a-Car. Aye: 5 Nay: 0
WAIVE PLATTING REQUIREMENT FOR BUILDING PERMIT
LEROY CHAPDELAINE
The Director of Community Development discussed this application.
He stated that if a waiver was approved waiving the requirement that the
property be platted prior to the issuance of a building permit, the City
could still require that the property be platted before occupancy. If
the applicant were to go through the normal platting process, a building
permit in all liklihood would not be issued in time to meet the
requirements of the property buyer. The Director of Community
Development also stated that a conditional use permit would be required
00074
PAGE 8/EAGAN CITY COUNCIL MINUTES
March 6, 1990
allowed. The conditional use permit would be subject to a public
hearing.
The Council had concerns as to whether the circumstances warranted
issuing a waiver and whether or not it would be precedent setting.
Gustafson moved, Wachter seconded, a motion to approve a waiver of
the requirement that a property be platted in accordance with the
requirements of the City ordinance before a building permit is issued as
requested by LeRoy Chapdelaine for part of Parcel #010-30, Section 12.
Aye: 3 Nay: 2 (Pawlenty, McCrea)
WILMUS ADDITION/COMPREHENSIVE GUIDE PLAN AMENDMENT
REZONING, PRELIMINARY PLAT & JOINT POWERS AGREEMENT
After brief discussion regarding the previous zoning, ponding and
drainage on the site, and the joint powers agreement, McCrea moved,
Gustafson seconded, a motion to approve the Comprehensive Guide Plan
Amendment for the Wilmus Addition. Aye: 5 Nay: 0 R-90.11
McCrea moved, Pawlenty seconded, a motion to approve the rezoning
from R-4 to PF (Public Facilities) for the Wilmus Addition. Aye: 5
Nay: 0
McCrea moved, Gustafson seconded, a motion to approve a preliminary
plat of one lot and one outlot on approximately 18.2 acres for an
elementary school, Wilmus Addition, subject to the following conditions:
1. That this development shall comply with water quality management
policies in effect at the time of final plat approval.
2. That the installation of a trunk storm sewer lift station and
outlet for Pond BP-6 must be approved by Council action prior to final
plat approval.
3. That these standard conditions of plat approval as adopted by
Council action on September 15, 1987, shall be complied with: Al, B1,
B2, B3, B4, Cl, C2, C4, C5, Dl, El, Fl, and G1.
4. That the development will be responsible for providing a storm
sewer outlet to the northerly adjacent property adequately sized to
accommodate 13 CFS of run-off.
Aye: 5 Nay: 0
Gustafson moved, Pawlenty seconded, a motion to approve Independent
School District #196 and the City of Eagan School/City Development and
Usage Site Joint Powers Agreement.
Aye: 5 Nay: 0
00075
PAGE 9/EAGAN CITY COUNCIL MINUTES
March 6, 1990
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
WATER TREATMENT FACILITY/CITY OF EAGAN
Pawlenty moved, and Gustafson seconded, a motion to approve a
Comprehensive Guide Plan Amendment and a rezoning of .63 R-3 acres to PF
at the northeast intersection of Pilot Knob and Cliff Roads for the
purpose of constructing a water treatment facility.
R-90.12
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/VARIANCE
MINNESOTA PUBLIC RADIO
In light of discussion at the beginning of the meeting regarding the
number of requests to continue this item, the City Council would allow
one more continuance to the April 3, 1990, City Council agenda; however,
barring substantial hardship, no further continuances would be permitted.
The City Administrator was directed to send a letter to this effect to
the applicant, Minnesota Public Radio. The letter would also ask that
Minnesota Public Radio answer questions outlined in a letter from Mr.
Dick Reynolds of the Audubon Society.
Councilmember Wachter suggested that Minnesota Public Radio explore
the feasibility of locating their radio towers on a site near the
intersection of Cliff and Nicols Roads which already contains radio
towers. While the City council is not endorsing this site, they only ask
whether this has been considered.
McCrea moved, and Gustafson seconded, a motion to continue a
conditional use permit and variance for Minnesota Public Radio to allow
three, 300' radio towers in an LI (Light Industrial) District to April
3, 1990, and that unless the applicant can show substantial hardship,
that this item will be heard on that date. Aye: 5 Nay: 0
REZONING/COMPREHENSIVE GUIDE PLAN AMENDMENT
DIFFLEY/CEDAR PLANNED DEVELOPMENT
Wachter moved, McCrea seconded, a motion to approve a resolution
returning the rezoning and comprehensive guide plan amendment requested
for Diffley/Cedar Planned Development by Koldt Properties to the Advisory
Planning Commission for review and public hearing. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
GENERAL ADVISORY COMMITTEE APPOINTMENT
METROPOLITAN WASTE CONTROL COMMISSION
At the February 20, 1990, City Council meeting, Mr. John Griggs was
mentioned as a possible appointment to the MWCC General Advisory
00076
PAGE 10/EAGAN CITY COUNCIL MINUTES
March 6, 1990
Committee. At that meeting, Mayor Egan requested that Mr. Griggs be
contacted regarding his interest in serving on this committee. Mr.
Griggs has been contacted and is interested in the appointment.
Wachter moved, Gustafson seconded, a motion to recommend Mr. John
Griggs to the MWCC for appointment to their General Advisory Committee.
Aye: 5 Nay: 0
APPOINTMENT AT MPCA
Councilmember Wachter recommended Ms. Ann O'Boyle as the City of
Eagan's representative on an advisory committee that the Division of Air
Quality of the MPCA is forming to advise them on the implementation of
an air quality monitoring program in Dakota County.
Wachter moved, Gustafson seconded, a motion to contact Ms. Ann
O'Boyle regarding her interest in serving on an air quality monitoring
committee and if Ms. O'Boyle is not interested in appointment, the City
should advertise for an individual with the appropriate technical
background to serve on this committee. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETINGS
Gustafson moved, Pawlenty seconded, a motion to approve a special
City Council meeting for 7:30 p.m. on Wednesday, March 7, to be held at
the Metropolitan Airports Commission office for the purpose of presenting
a response to the Mendota Heights corridor proposal. Aye: 5 Nay: 0
City Administrator Hedges reported that the staff is ready for the
R-4 study and could address this issue on March 27 at a special City
Council meeting. Gustafson moved, McCrea seconded, a motion to hold a
special City Council meeting on March 27 at 5:30 p.m. for the purpose of
reviewing the R-4 zoning study. Aye: 5 Nay: 0
NORTH/SOUTH ROAD FOR SECTION 10
Director of Community Development Runkle explained that as a part of
our master transportation planning, the city is considering a north/south
road connecting the O'Neil property with Lexington Avenue, north of the
bulk mail operations. If this road were in place on the comprehensive
maps, future developers of property in the area could be told that a
north/south street would be a requirement of platting.
Wachter moved, and McCrea seconded, a motion to approve an amendment
to the City's transportation plan that would allow a north/south
collector street in Section 10 connecting the O'Neil property with
Lexington Avenue north of the bulk mail operation. Aye: Nay: 0
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PAGE 11/EAGAN CITY COUNCIL MINUTES
March 6, 1990
PROJECT 584/RAHN ROAD
The City Administrator reported that a petition was received today
regarding the Rahn Road project and staff would like direction as to how
to proceed. Mayor Egan stated that the City Council has held public
hearings, neighborhood meetings, staff has put in months of work on the
project, and the project was previously addressed in 1985. Because this
is not a unique situation and future City Councils will have to address
more and more existing street upgradings, it will not possible to
reconsider each one.
Councilmember Gustafson agreed that the project should go forward but
pointed out that the cover letter attached to the petition stated a
different position than that outlined in the petition. The petition is
much more general while the letter states that the project in its
existing form is, "unacceptable and highly inconsistent with our needs."
While it does not appear that those who signed the petition are
necessarily in agreement with the strong position taken by the authors
of the cover letter, Councilmember Gustafson would attend another meeting
to go over what had been decided. Councilmember Pawlenty and Mayor Egan
would also be willing to attend. Staff was directed to set up a meeting
with the residents who live along Rahn Road.
VISITORS TO BE HEARD
When Mayor Egan asked if there were any visitors to be heard, Mr.
Garrett Vail addressed an off-street parking problem in the Donnywood
Addition. Mr. Vail lives in a twinhome subdivision and is concerned
about the parking of vehicles on the yards and boulevards in the
subdivision. He requests that the City Council enact an ordinance to
regulate off-street parking and open storage of motorized vehicles and
related property. The City Council directed staff and the City Attorney
to research Mr. Vail's request.
RADIO ATTENNAE/RESERVOIRS
The Director of Public Works asked the Council for direction in
responding to a request by Mr. Per Hansen, representing an organization
called, Military Affiliate Radio System (MARS). The organization is a
cooperative between civilians and the military for the purpose of
maintaining radio communications during disasters. Mr. Hansen has been
instructed to locate an antenna site that is rent free or donated and has
asked permission to locate an antenna on a City reservoir at no cost to
the organization.
After discussing the concept and whether or not it would interfere
with antennae already located on the reservoirs, the Council directed
staff to gather additional information and then return to the City
Council for consideration.
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PAGE 12/EAGAN CITY COUNCIL MINUTES
March 6, 1990
PROJECT 571/STEARNS ADDITION
McCrea moved, Gustafson seconded, a motion to approve 1.4 additional
acres for ponding easements, Project 571, Stearns Addition. Aye: 5
Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated
March 6, 1990, in the amount of $282,982.88. Aye: 5 Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney/client privileged information at 11:30 p.m.
Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea,
Pawlenty and Wachter, City Administrator Hedges and City Attorney
Sheldon. The executive session was adjourned at 12:00 p.m.
KF
CITY OF EAGAN A 1
E. J \ 3anOverbeke, City Clerk
00079
PLUMBERS LICENSE MARCH 6, 1990
1. AAA Abbott Plumbing & Heating
2. J. Baars Plumbing & Heating
3. Benke Plumbing, Inc.
4. McGuire & Sons Plumbing & Heating
5. McQuillan Brothers, Plumbing & Heating
6. Northrup Mechanical, Inc.
7. Olberg Construction
8. Scherer Plumbing
9. Widmer Inc.
10. Williams Plumbing & Heating
A
[1 0S
MINUTES OF A REGULAR MEETING OF THE O
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 20, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
March 20, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Public Works Director Tom Colbert, and City Attorney James
Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Item 1, Department Head Business, Parks and Recreation Department,
Trapp Farm Park Land Acquisition, request to continue to the April 3,
1990, regular City Council meeting.
Item I, Consent Agenda, Duckwood Square Final Plat, request to
continue indefinitely.
Item J, Consent Agenda, Frank's Nursery & Crafts Addition, request
to continue indefinitely.
Item K, Consent Agenda, Park Center Final Plat, request to continue
indefinitely.
Wachter moved, Pawlenty seconded, a motion to continue Item 1 of
Department Head Business, Parks and Recreation Department, Trapp Farm
Park Land Acquisition to the April 3, 1990, regular City Council meeting.
Aye: 5 Nay: 0
McCrea moved, Wachter seconded, a motion to approve the agenda as
amended. Aye: 5 Nay: 0
MINUTES
Wachter moved, Pawlenty seconded, a motion to approve the minutes
for the March 6, 1990, regular City Council meeting. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
CONSIDER DISPOSITION OF SURPLUS PROPERTY
HOUSE AT CLIFF & PILOT KNOB ROADS
The Director of Public Works reported that only one bid was received
for the removal of the house located on the property slated for the
Joseph Connolly Addition and that bid is unusually low. The City
Councilmembers had questions as to whether any alternatives had been
explored for the use of the house; however, because the building will
00081
Page 2/EAGAN CITY COUNCIL MINUTES
March 20, 1990
have to be moved and it is economically unfeasible to move the house to
another location solely for storage purposes, it was recommended that
the bid be accepted.
Wachter moved, Gustafson seconded, a motion to receive the bids for
the removal of surplus property (house on northeast corner of Cliff and
Pilot Knob Roads) and award the contract to Otting House Movers for $375,
conditioned upon Otting's obtaining the necessary moving permits.
Aye: 5 Nay: 0
VARIANCE TO WORK HOURS
COVENTRY PASS GRADING PERMIT/ENEBEK CONSTRUCTION
The Director of Public Works explained the necessity for the
extended hours of operation for Enebek Construction on the Coventry Pass
grading. Councilmember McCrea asked that staff notify the nearest
neighbor, the Don Klein's, regarding the variance.
McCrea moved, and Gustafson seconded, a motion to approve a variance
to Subdivision Ordinance 4.30, 5B, for Enebek Construction Company to
allow 24-hour operations within Coventry Pass for two separate, two-week
periods to be defined by City staff between April 16 and July 27, 1990,
subject to following condition:
1. If complaints are received from off-site property owners, the
applicant will be given an opportunity to address the complaint.
However, if the complaint cannot be satisfactorily resolved, the Council
reserves the right to revoke the variance. Aye: 5 Nay: 0
FUNDING & MAINTENANCE/DAKOTA COUNTY TRAILS
Wachter moved, Gustafson seconded, a motion that the present program
for funding and maintenance of Dakota County trails be continued in its
present form unless unforeseen circumstances arise, at which time the
Council may wish to reconsider. Aye: 5 Nay: 0
CONSENT AGENDA
A. Personnel Items.
1. It was recommended that an insurance proposal for the City's
life, short-term disability and AD & D group insurance coverage be
accepted.
2. It was recommended that an internship in the Parks & Recreation
Department for Jennifer Peterson be approved.
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Page 3/EAGAN CITY COUNCIL MINUTES
March 20, 1990
B. Declare 1985 Ford as Surplus Property/Authorize Sale.
It was recommended that the 1985 Ford Crown Victoria be declared
surplus property and its sale authorized to Suburban Auto Sale in the
amount of $1,016.
C. Declare Two (2) K-55 Moving Radar Units as Surplus property and
Authorize Sale.
It was recommended that two (2) K-55 Moving Radar Units purchased
in 1983 be declared as surplus property and their sale by the Police
Department be authorized.
D. $700 Cash for Trash Winner.
It was recommended that Mr. Malcolm Heinle be recognized as the
recipient of a $700 Cash for Trash award.
E. Contract 90-2, Park Shelter Buildings for Ohmann, Bridle Ridge,
and Northview (Blackhawk Deleted).
It was recommended that the plans and specifications for park
shelter buildings at Bridle Ridge Park, Ohmann Park and Northview
Athletic Fields be approved and the advertisement for bids be authorized
with a bid opening on April 24, 1990.
F. Purchase of Replacement Vehicles for Parks & Recreation
Department.
It was recommended that the purchase of replacement vehicles through
Hennepin County purchasing be approved for the Parks Department for a
3/4 Ton pick-up and a 1-Ton pick-up chassis and cab and that the
advertisement for bids be authorized for a dump box for the 1-Ton
chassis.
G. Proclamation, Earth Day, April 22, 1990.
It was requested that the Council proclaim April 22, 1990, as Earth
Day in the City of Eagan.
R-90.13
H. Parks Maintenance Tractor.
It was recommended that the bids for a replacement tractor in the
Parks Maintenance Division be received and the sale awarded to H & W
Equipment for $29,780.
I. Duckwood Square Final Plat.
When the agenda for this meeting was approved, the Duckwood Square
final plat was recommended for continuance.
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Page 4/EAGAN CITY COUNCIL MINUTES
March 20, 1990
J. Frank's Nursery and Crafts Addition Final Plat.
When the agenda for this meeting was approved, the Frank's Nursery
and Crafts Addition final plat was recommended for continuance.
K. Park Center Final Plat.
When the agenda for this meeting was approved, the, Park Center final
plat was recommended for continuance.
L. Receive Final Assessment Roll/Schedule Public Hearing (Pond AP-
50 - Trunk Storm Sewer).
It was recommended that the final assessment roll for Project 452A
(Pond AP-50) be received and a public hearing scheduled for May 1, 1990.
M. Receive Final Assessment Roll/Schedule Public Hearing (Alden
Ponds - Streets & Utilities).
It was recommended that the final assessment roll for Project 452
(Alden Ponds - Streets & Utilities) be received and a public hearing
scheduled for May 1, 1990.
N. Project 473, Reconsider Final Assessment Objections/Schedule
Public Hearing (Pilot Knob Road Trunk Storm Sewer).
It was recommended that the final assessments for miscellaneous
parcels under Project 473 (Pilot Knob Road Trunk Storm Sewer -
miscellaneous objections) be reconsidered and a new final assessment
hearing be scheduled for May 1, 1990.
0. Project 494, Reconsider Final Assessment/Schedule Final
Assessment Hearing (Wescott Road Streets & Utilities.
It was recommended that the final assessment roll for Project 494
(Wescott Road Streets & Utilities - Miscellaneous Objections) be
reconsidered and a new final assessment hearing scheduled for May 1,
1990, for the affected parcels.
P. Project 491, Reconsider Final Assessment Roll/Schedule Final
Assessment Hearing (Eagan Hill Farms Trunk Utilities - Miscellaneous
Objections.
It was recommended that the final assessment roll for Project 491
(Eagan Hill Farms Trunk Utilities - Miscellaneous Objections) be
reconsidered and a new final assessment hearing scheduled for May 1,
1990, for the affected parcels.
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Page 5/EAGAN CITY COUNCIL MINUTES
March 20, 1990
Q. Project 505, Reconsider Final Assessment Roll/Schedule Final
Assessment Hearing (Country Hollow Trunk Utilities - Miscellaneous
Objections).
It was recommended that the final assessment roll for Project 505
(Country Hollow Trunk Utilities - Miscellaneous Objections) be
reconsidered and a new final assessment hearing scheduled for May 1,
1990, for the affected parcels.
R. Contract 89-14. Final Payment/Acknowledgement of Completion
(Coachman Water Treatment Plant - Dehumidification).
It was recommended that the completion of Contract 89-14 (Coachman
Water Treatment Plant - Dehumidification) be acknowledged, that the
fourth and final payment to Enviro-Con, Inc., in the amount of $3,000 be
authorized, and the project be accepted for maintenance subject to any
warranty provisions.
S. Contract 90-04, Resolution Restricting On-Street Parking (Rahn
Road - Diffley to Beau D'Rue Drive).
It was recommended that a resolution restricting on-street parking
for Contract 90-04 (Rahn Road - Diffley to Beau D'Rue Drive) be approved
and the Mayor and City Clerk be authorized to execute all related
documents. R-90.14
Pawlenty moved, Wachter seconded, a motion to approve the Consent
Agenda except as described with the adoption of the agenda. Aye: 5
Nay: 0
At this time, Mayor Egan recognized the achievement of one of
Eagan's residents, Bea Blomquist. Ms. Blomquist was the recipient of the
Athena Award, given each year to a Woman of Distinction in Dakota County.
PUBLIC HEARINGS
RESOLUTION FOR DEVELOPMENT PROGRAM AND TAX INCREMENT
PLAN FOR DEVELOPMENT DISTRICT NO. 3/TRI-LAND PROPERTIES
RESOLUTION FOR DEVELOPMENT AGREEMENT
FOR DEVELOPMENT DISTRICT NO. 3
The public hearing for this item began with the Mayor reviewing the
procedures to be followed for the public hearing. Following the Mayor's
review, the City Administrator discussed the process for this application
and the complexity of the issue before the Council. After a brief
presentation, the City Administrator called the audience's attention to
an informational fact sheet prepared by the City which explained the TIF
proposal in more detail.
0CCS5
Page 6/EAGAN CITY COUNCIL MINUTES
March 20, 1990
Dave MacGillivray, the City's bond counsel, addressed his remarks
to the on-going negotiations on the development agreement. He said
that an acceptable development agreement has not yet been completed.
Mr. Rollie Crawford, counsel for the developer, then made his
presentation. He pointed out that he had brought a court reporter to
record the details of the meeting. Mr. Crawford outlined the issues
before the Council but, in addition, pointed out that the proposal is
not a zoning issue or a question about proper land use; it is not a
request to spend tax dollars on behalf of the developer but a tax
increment financing plan, and it is not a question of whether this
proposal offers competition to other businesses.
Brad Swenson addressed his remarks to the physical layout of the
proposal. He described the proposal as consisting of 95,000 s.f. of
retail with a grocery at one end, a theater at the other, with
convenience and specialty shops in between; a medical/bank building; an
outlot reserved for a service station; and an ice arena.
Sid Inmann from PubliCorp was the next to address the Council. Mr.
Inmann confined his remarks to the financial aspects of the proposal.
He briefly discussed the taxes, the "but for" test and said he was
available for questions.
Mr. Rollie Crawford again spoke. He said this was a culmination of
a lot of hard work. He urged that the public hearing go forward and that
the details would be nailed down. He said that perhaps the wording in
the development agreement was not there yet but he believed they would
have an agreement completed.
Mayor Egan then suggested that the Council collect questions and
then field the answers all at once at the end of the public portion of
the hearing.
The first of the public to address the Council was Doug Lee. He is
a hockey parent and he has recently run ads in the local newspapers
regarding the tax increment financing. He introduced Bob Utecht who has
been active in hockey in Minnesota for many years.
Mr. Utecht encouraged the development of ice rinks. He discussed
the average costs for these rinks and stated that the average contruction
costs for a rink in the Metro area was $721,000, not including land
costs. Mr. Utecht said that the cost figures he used had not been
updated for inflation.
Mr. Lee then returned to the podium and pointed out that the
original project for Eagan Center, which was brought to the Council on
August 15, 1989, did not mention an ice arena nor tax increment
financing. Because of this, Mr. Lee said the development failed the "but
for" test. He also acknowledged that the bank/medical building grading
00086
Page 7/EAGAN CITY COUNCIL MINUTES
March 20, 1990
began late in the fall of 1989 and a permit was issued for this grading.
He said that tax increment financing provides that any prior construction
must be excluded from a tax increment financing district. When asked,
the City Administrator stated Mr. Lee was correct.
Mr. Lee then expressed concerns that if the ice arena were a tenant
of the shopping center, that in the future, the developer could have
someone else move into this space. Mr. Lee was also concerned about
school district budget cuts and asked why the City would subsidize a
shopping center when this money could be used in a different direction.
He asked what would happen if the ice arena could not keep going? Would
the City then subsidize the operation of the ice arena? He also said it
was difficult for existing merchants to compete with a center that was
built with government subsidies. Mr. Lee stated that the ice arena was
used as a smoke screen to get tax dollars to build a shopping center and
urged the Council to vote against this project.
Mr. Paul Taylor, who lives on Heine Strasse, was the next to address
the Council. He said it is a myth that the project would not cost tax
dollars. Further, he stated that if nothing else, the project would
require additional City services. Mr. Taylor mentioned that the
Legislature is proposing a bill at this time that would require the
cities to make up any lost revenues to the school districts due to tax
increment financing. He then quoted losses regarding ice arenas. He
mentioned the Burnsville arena and said that perhaps in the future there
would be pressure to bail out the ice arena if the project failed. Mr.
Taylor said that City support through tax increment financing would be
a big mistake.
The next person to address the Council was Ben Bartel, a young man
who spoke on behalf of his hockey team. He said that school district
#196 had built a high school and a middle school without a hockey rink
but that other sports teams had received their arenas: basketball,
tennis, football. He said the fate of the hockey team was in the
Council's hands.
Next to speak was John Gustin who lives on Woodlark. Mr. Gustin
said the major issue in this case is the tax increment financing and he
urged the Council to vote no.
Next was Sue Grousz who urged the Council to vote no as the project
failed the "but for" issue and the development would occur anyway. She
granted that the City needs and wants a hockey rink but she didn't want
tax increment financing used as the means to get one. She said this was
a bare minimum project.
The next person to speak was Mark Springer and he also urged the
Council to vote no. He reported that for the last 4 or 5 years, his
taxes have been going up and he wondered whether tax increment financing
was a fancy word for tax increase?
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March 20, 1990
Jim Curry then spoke to the Council. Mr. Curry does not own the
present Eagan Center property but did own it from 1968-1986. Mr. Curry
developed much of the surrounding property. He briefly discussed the
environmental impact statement done earlier on the PUD and that the
infrastructure was in place. He said Mr. Swenson had put together a good
project and that while it was controversial, Eagan would love the arena.
Next was Bill Duggan who lives on Gabbro. He is a member of the
Economic Development Commission and gave Tri-Land Properties credit for
creative marketing. Mr. Duggan also stated that he had'voted against the
project when it was before the Economic Development Commission. He
wondered how many jobs would be created by the use of this tax increment
financing. He would appreciate a detailed explanation of the "but for"
test. He also questioned whether the development would take place, with
the exception of the ice arena, even if the tax increment financing were
not used. He said history would indicate that it would although perhaps
not how or on the schedule that Tri-Land Properties would wish. He said
that approval of tax increment financing for this type project would set
a dangerous precedent. He questioned whether the Economic Development
Commission would then hear proposals for community swimming pools,
basktetball courts, etc., all tied to other strip malls. He said Eagan
was being placed in a difficult situation and not in a favorable light
at the Legislature because of this proposal. While he agreed that the
City needed an arena, he did not think this was the best way to finance
one.
Allen Benning, 4174 Blueberry, stated that the ice arena is a
project that meets the "but for" test. He then chronicled the times that
they have tried to get an ice arena in Eagan: a school with an ice arena
was denied, a community center with an ice arena was denied, a group also
approached the City about donated land on which to build an ice arena,
and that was denied. He said tennis courts had been built in the City,
parks, basketball courts, etc., and all had been paid for with taxes.
He said only $1 per year would be necessary for fiscal disparities. He
said this would allow the City to control the site where this development
was taking place. He mentioned Don Fraser, Mayor of Minneapolis, tearing
down houses to build townhouses with tax increment financing dollars.
TIF will also be used in Apple Valley to build the Target. He urged the
Council to vote yes.
Next to speak was Jim Joinly who said he represented students of the
school system. He also questioned whether tax increment financing should
be used to build this project. Mr. Joinly asked several questions: 1)
what is the best/worst scenario for taxes that would be paid? 2) would
students playing hockey have an equal opportunity for ice time? 3) would
the ice arena go forward if tax increment financing was not approved?
Jack Johnson who lives on Flicker is a member of the Advisory Parks
& Recreation Commission. He is a citizen and businessman in the City of
Eagan and has been a "hockey" parent. He understands the need but
orICSS
Page 9/EAGAN CITY COUNCIL MINUTES
March 20, 1990
questioned whether this was the way to obtain an ice arena. He also
asked whether the City needed another shopping center and said tax
increment financing dollars would give this development an unfair
advantage. He added there are many shopping centers currently with open
space and questioned whether other centers would come to the City and ask
for relief from their taxes? He urged the Council to vote no.
Ray Nutzman stated the City Council had no right to vote on this
issue. He said the issue should be put in front of the people through
a referendum like the community center. He asked if the project failed,
whether the taxpayers would have to pay?
Dennis Bartel is a 16 year resident. He said because of schools,
parks, and ballfields, his taxes have tripled in the last 16 years. Mr.
Bartel said the ice arena should have been built as part of the high
school and he questioned why hockey always had to suffer. He urged the
Council to vote yes, otherwise, he didn't think it would happen.
Mark Olson stated that he is for a hockey arena but not the use of
tax increment financing to pay for it. He asked the Council to do their
homework and vote no on TIF.
Terry Davis who lives on Safari said tax increment financing was
inappropriate for development of this type of property. Mr. Davis said
the only times TIF should be used are when inducements are needed to
attract a particular type of business to the City, when employment is low
and additional jobs are needed, when the development offers a high
potential for success, or when there is a critical need for the type of
development.
Jessica Hoven is not a hockey player but a figure skater. She said
the new high school has no arena and wondered how students could support
a school without one.
Ken Cody lives on Ticonderoga and said the Council couldn't
appreciate what 360 families go through trying to take their kids to an
ice sheet. He offered his schedule in support of his statement.
Arlene Krecklau said that TIF should be used. She said the Council
couldn't look at just one segment of this development. Ms. Krecklau also
added that other communities have used TIF and if Eagan didn't use tax
increment financing, it would just go back into a fund for others to use.
She said the money should be kept at home and spent on Eagan development.
Gerald Thurston said that the business of a building is to make
money. He asked why hockey parents didn't petition the City Council for
an arena or pool their money and build one.
' 00089
Page 10/EAGAN CITY COUNCIL MINUTES
March 20, 1990
Ken Waisted lives on Marble Lane said tax dollars were used to pay
for other sports. He brought an article with him citing the use of TIF
for the construction of the Midway Shopping Center. He said the City has
a chance for an ice arena for $1 a year versus a community center for
$20.
Tom Novitsky of Jefferson Lane is in favor of an ice arena but does
not agree with financing it with tax dollars. Because of the limited
space in the shopping center, he said it had limited potential for cross
utilization and was afraid another facility would be needed in the future
and have to be built across town. He said a city managed facility would
be the way to go to insure an equitable use of the facility.
Mr. Monroe lives on Strawberry Lane and moved to Eagan from Hawaii.
He drives his daughter to Apple Valley for figure skating and his son
elsewhere for hockey. He supported use of TIF for the arena and he
thought it met the "but for" test. He then made the following points:
it was a chance for Eagan to get an arena as he didn't think the citizens
would support a community center, the arena needs a private developer,
and fiscal disparities would mean a very minor loss to the City. He said
the City should take a chance and move ahead with the project. He added
that the TIF would benefit the City and its children and that the
competition between shopping centers would benefit the citizens.
Larry Schmidt of Reindeer Lane is a 15 year resident and mentioned
all the lawsuits being brought against the City by developers. He
wondered what the legal liability would be for the City if the developer
met the criteria for TIF and it was not approved.
Mark Johnson of Strawberry Lane cited Councilmember Gustafson's
question at an earlier meeting wondering how many people in Eagan would
like to see TIF used to build an ice arena. In response, Mr. Johnson and
several others circulated a petition and collected 2500 signatures, which
he pointed out were about the same number as those needed to elect each
of the Council. He told of approaching the City Administrator, Director
of Parks and Recreation and former Mayor with a request for two acres of
public land on which to build an arena. He reported that the request was
denied.
The City Administrator then spoke to this issue saying such a
request would have had to go to the entire Council and they would not
have made such a decision without doing so.
Mr. Johnson then asked why other cities could use TIF and not Eagan.
He granted that the project did involve a shopping center but the kids
need an arena. He said that memberships could be sold to help operating
expenses. He said if the developer wasn't permitted to put the entire
project together it could be another project such as the one developed
by M. G. Astleford where parcels were eventually sold to other developers
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Page 11/EAGAN CITY COUNCIL MINUTES
March 20, 1990
and the area became a hodgepodge of different projects. He said that if
the development got into trouble, the parents would help keep the arena
alive. He then discussed the present park system where he said the
pavillions and ballfields were poorly kept and many things were not used.
He said Parks and Recreation money could be put to better use than
another pavillion. He asked if all monies from the TIF would come from
Eagan, #196 or Dakota County. He suggested if the need to expand arose
that the land is right there. He asked the Council to look at the issue
openmindedly and to think of the children.
Mr. Dave Robecki is a 19 year Eagan resident. He stated that the
issue is not an ice arena but rather one of tax increment financing. He
asked where the hockey parents were when the high school was built? He
said the arena should have been built as a part of the school. He said
he spoke against all three instances of TIF in the City: the race track,
Unisys and Northwest. He then added that if we had gone for TIF in the
race track, today we would be Shakopee.
Lucy Monroe lives on Strawberry Lane. She would appreciate not
having to get up early to drive to Burnsville to use their ice arena; it
could be right here in Eagan.
Norb Rother asked if TIF was proper for this development. He asked
why now?
Mr. Richard Ericson asked: why Brad Swenson? why not another
developer? why can't the arena stand on its own?
Mr. James Shaffert of James Court had concerns about TIF. He asked
if the shopping center went broke, would bonding money have to be paid
back? He said small businesses were being hurt by competing shopping
centers on every corner and such competition had caused a good many small
businesses to go under. He asked what kind of leases are being signed.
He asked why another grocery store; Eagan already has Cub and Rainbow.
He also added that Eagan had a movie theater at one time and it went
broke. He didn't think tax increment financing was necessary. He said
banks and insurance companies had money and the City should let them
build the project. He said he voted for many on the Council because they
were against that sort of thing (TIF). Vote no.
Kevin Sanfors likes the area, parks, and sports and said that the
City needs an arena but TIF was not the way. He said he hadn't heard
anyone say that we needed another shopping center. He said to find
another way.
Mr. Dennis Bartel then returned to the podium to ask why the City
didn't have an ice arena. He asked if the project complied with the law
and was available at not a lot of cost to the taxpayers, why not (build
the arena)? He asked why #196 had not been involved with the project.
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March 20, 1990
Mayor Egan then closed the public portion of the hearing. Dr. John
Hanson of School District #196 was next to address the Council and began
by thanking Eagan's residents for supporting #196 building projects. He
said the school district's position has been that the ice arena and TIF
are City issues and not one the school district should interfere in. He
then briefly discussed several issues: Would they rent ice time? The
school district would be a strong candidate. They have reached an
agreement with Burnsville for next year's ice time. The ice rental in
#196 is $15,000 per season and since their ice time is for junior varsity
and varsity hockey, the actual ice time is not likely to change a great
deal. Hockey at the bantam, peewee, etc., level is usually sponsored by
local athletic associations, not the school district. The ice arena in
Apple Valley was built cooperatively with the City of Apple Valley and
the school district shares arena time with City sponsored activities.
Councilmember McCrea then asked why the school district had not come
to Eagan with a plan to build a facility similar to that at Apple Valley
High School?
Dr. Hanson replied that a bond referendum including a hockey arena
was attempted before but had failed. He also stated that experience
indicated that community center referendums with hockey arenas also
usually failed. The school district said that ice arenas are too
divisive an issue to include in their referendums. He thought perhaps
it could be a separate issue.
Councilmember Wachter then asked if there would be a school bond
referendum for additional schools this fall. Dr. Hanson replied that
numerous bond issues were coming up. The District projects the student
population in #196 to be 30,000 students by the year 2000. They are even
contemplating a fourth high school and year round school to meet the
needs of the district. He couldn't pinpoint the dates, but the District
would need additional referendums in the near future.
Councilmember Gustafson said the City had received two letters from
the school district on the ice arena. He stated that he had originally
been critical of the District's lack of involvement in the tax increment
financing of the arena, but said Dr. Hanson had answered that criticism
by stating the District did not want to interfere and comment on a City
issue. While the Councilmember understood the District's position, he
would have preferred that #196 was with the City on the issue.
The City Administrator then directed two of the public's questions
involving #196 to Dr. Hanson. While the question as to why the school
district had not been involved in the ice arena had been answered, the
City Administrator asked Dr. Hanson, who uses the Apple Valley arena?
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Page 16/EAGAN CITY COUNCIL MINUTES
March 20, 1990
The Councilmember then questioned the 501C3 ownership. If one of the
reasons to use the 501C3 is to exempt the arena from income taxes and
there is likely no income to tax, it appears one of the rationale to use
evaporates. Are there any other reasons for 501C3 ownership? Mr.
Rosholt sees no advantage in the 501C3 if there is no assistance on
taxes. Also, if they move away from the 501C3 ownership and the
operating entity is not the developer, it should be someone financially
responsible with some community involvement to provide additional
funding.
Councilmember Gustafson addressed the Council. . He had received
numerous phone calls the previous evening regarding the ice arena. He
discussed the various possibilities but there did not seem to be one
ideal solution for providing an arena. He stated he was not interested
in using tax increment financing for a "half-baked" arena. With no
development agreement to vote on, the options open to the Council were
to vote the proposal down or to vote a continuance.
Councilmember McCrea then spoke to broadening the scope of the issue
by proposing a "win/win" situation. Next to Brad Swenson's proposed
development are 66 acres of City parkland acquired from the Department
of Housing and Urban Development. She suggested the City donate land at
no cost to the YMCA. Perhaps some type of land swap between the City and
the developer could be worked out. Former Mayor Ellison is presently
heading up a million dollar campaign to raise the funds to build a Y in
Eagan. The Councilmember had called the Executive Director of the YMCA
and they would consider expediting a YMCA with ice on a donated site.
If the City donated 15 acres of the adjoining parkland and a YMCA was
built, a joint advisory board could also operate the ice arena. This
proposal would lessen the City's liability. In order to get the ice
arena as soon as possible, she suggested the City go ahead with the TIF
for the ice arena and then the YMCA would get underway after that
approval was in place. She reported that the Executive Director of the
Y is extremely interested.
The Mayor then asked about the costs of infrastructure to the site.
The Director of Public Works said the City has major services on site but
any additional costs would depend upon extension of those services.
The Mayor then asked Mark Johnson about fund raising on behalf of
the Y. Mr. Johnson said when they originally discussed funding an ice
arena, they had approached Coca Cola and other businesses in Eagan about
donations. A lender told them at that time that if they could raise half
the money needed, the bank would loan the remainder. Councilmember
Pawlenty asked Mr. Johnson if the City donated the land, how long before
a facility could be in use? Mr. Johnson said two years.
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March 20, 1990
Mayor Egan stated that if the City were to consider this latest
proposal, it should be considered separately and not tied to the present
development. Councilmember Wachter agreed that they could not be tied
together.
Councilmember Pawlenty asked if the land price had been finalized.
The City Administrator stated that the appraisal had been delivered to
the Finance Department today. The total for the four parcels is
$2,770,830; the total excluding the ice arena is $2,406,675.
Mr. Rollie Crawford first addressed the status of the development
agreement and was confident an agreement could be reached. He said the
approach brought up by Councilmember McCrea was new and perhaps could be
integrated into their proposal. He mentioned the letter before the
Council requesting a continuance of two weeks and said that may be
optimistic; however, respectfully requested the continuance.
The Mayor appreciated the request and mentioned his personal concern
that 4 of the 6 meetings in 1990 had the Tri-Land proposal on their
agendas. Mr. Crawford concurred but said the people wanted a correct
decision and the new information could change the approach.
Councilmember Gustafson moved, Pawlenty seconded, a motion to
continue for 30 days.
Councilmember Pawlenty remarked that if questions regarding this
development were not satisfactorily resolved, each issue would be a deal
breaker. The developer should not take a continuance as necessarily
favorable.
Mr. Crawford said the developer would need more specifics with
regard to the YMCA proposal; however, it certainly has merit. He wishes
they could have worked with it sooner. The developer has no burning
desire to own an arena and he hoped to find an alternative that would
make the City and the developer happy.
Councilmember Wachter asked in what way was the YMCA interested in
an ice arena. Councilmember McCrea replied not in financing bricks and
mortar but in land on which to build a Y. Councilmember Wachter asked
why the hockey association and the YMCA didn't work together on some type
of arrangement. Aye: 5 Nay: 0
OLD BUSINESS
EXTENSION/PRELIMINARY PLAT
COUNTRY HOLLOW 2ND ADDITION
The Director of Community Development said staff had gone back and
attempted to reconstruct the events surrounding the original request for
continuance. While the minutes are vague, it appears the plat approvals
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Page 18/EAGAN CITY COUNCIL MINUTES
March 20, 1990
were extended to November 30, 1989. In
inadvertently collected in 1989 at 1988 rates.
that all fees be collected at the 1990 rates.
addition, the fees were
He, therefore, requested
Gustafson moved, Wachter seconded, a motion to approve an extension
of the preliminary plat for the County Hollow 2nd Addition and that all
fees collected in 1989 be at the 1989 rate and all fees collected in 1990
be at the 1990 rate. Aye: 5 Nay: 0
ON-SALE LIQUOR LICENSE/XAVIER'S INC.'
Concerns were expressed regarding the financial report submitted by
Xavier's, Inc. No Police Department recommendation was included with
this Council item as part of the corporation with close ties to Xaviers
is in a foreign country and could not be investigated. City ordinance
does not permit issuing a liquor license to anyone who is not a citizen
of this country.
Mr. Richard Gabriel, representing the restaurant owners, stated that
the owners of the restaurant are the individuals requesting the liquor
license. Mr. Gabriel also went on to add: Both are citizens of the
United States. It is only the parent corporation, Food and Beverage,
Inc., that is located in a foreign country. Two resident, non-nationals
have invested money in Xavier's but are not included in the operations
of the restaurant. Federal Land Company holds the lease for the
restaurant and will not list Xavier's, Inc., as the leaseholder until
they obtain a liquor license. At present, Food and Beverage, Inc., is
carried on the lease.
The City Attorney pointed out that the City received two financial
statements from Xavier's, one dated March 6 and one March 15. The City
Attorney said that the statements contain conflicting information and are
incomplete and inaccurate.
Mr. Gabriel then again tried to explain the relationship of the two
corporations. He added that Xavier's is struggling and needs the on-sale
license.
The Mayor told Mr. Gabriel that because accurate financial
information could not be obtained, no recommendation from the Police
Department had accompanied the application. The Council would be
hesitant to act favorably without this recommendation. The Police
investigation is on-going.
Ms. Carmen Cannesa said she had thought the Police report was
completed. Councilmember McCrea told her that the financial report was
a part of the Police Department investigation.
Page 19/EAGAN CITY COUNCIL MINUTES
March 20, 1990
Wachter moved, Egan seconded, a motion to deny a liquor license for
Xavier's, Inc. at 1260 Town Centre Drive, Town Centre Shoppes.
Councilmember Gustafson said he understood the City's questions
about the financial statements but was unsure of corporate ties. The
City Attorney said that based on information supplied by the applicant,
it appeared there are strong ties between Food and Beverages, Inc., and
Xavier's. The Mayor asked if this was sufficient to deny the
application. The City Attorney said there were a myriad of reasons to
deny in light of the fact there seems to be two sets of numbers.
Mr. Gabriel said the original statement of March 6 was preliminary
and that adjustments were made in the March 15 statement to reflect
requests made by the City.
Aye: 4 Nay: 1 (Gustafson) Councilmember McCrea wished to point
out that she voted for denial based on her original desire to reserve
this license for a larger, perhaps hotel, restaurant.
CONDITIONAL USE PERMIT/XAVIERS, INC
Wachter moved, Egan seconded, a motion to deny a conditional use
permit for Xavier's Restaurant to allow on-sale liquor in a CSC District,
1260 Town Centre Drive/Town Centre Shoppes. Aye: 4 Nay: 1
(Gustafson)
FINAL PLAT EXTENSION/EAGAN EVANGELICAL CHURCH
McCrea moved, Pawlenty seconded, a motion to approve an extension
of the final plat until April 30, 1990, for Eagan Evangelical Covenant
Church. Aye: 5 Nay: 0
APPOINTMENTS/CORRIDOR BLUE RIBBON PANEL
After discussing the agressive schedule anticipated for the Eagan/
Mendota Heights Corridor Blue Ribbon Task Force, it was decided that at
least one councilmember should be appointed as one of two representatives
on this panel. Councilmember Gustafson, while concerned about the time
commitment, agreed to accept appointment. Jon Hohenstein was recommended
as the other representative. Mayor Egan and Councilmember Pawlenty
agreed to serve as alternates.
Egan moved, Wachter seconded, a motion to appoint Councilmember
Gustafson and staff member Hohenstein, to the Eagan Mendota Heights
Corridor Blue/Ribbon Task Force, with Mayor Egan and Councilmember
Pawlenty serving as alternate members. Aye: 5 Nay: 0
SIMILAR USE DETERMINATION/TEEN CLUB
BLACKHAWR PLAZA
The City Administrator introduced this item by reporting on a
meeting held yesterday between the Police and the Community Development
Q(C 9 9
Page 20/EAGAN CITY COUNCIL MINUTES
March 20, 1990
Departments. The Chief of Police had concerns about this proposal and
recommended that it be continued to allow for further study. The
Director of Community Development then outlined the request before the
Council as 1) a determination as to whether this is a similar use within
a neighborhood district and, if not, 2) a determination as to where it
would best be located.
The proposal is for a 10,000 s.f. center with operating hours from
3:30 p.m. to 1:00 a.m. The club would have 400 seats, a dance floor,
and video games. Parking spaces required for this facility would be 135
stalls and approximately 177 spaces are available.' Staff concerns
include traffic control, the number of teens and young adults using the
facility, the curfew and hours of operation, and the large scale of the
project.
Mr. L. Swanson of TC Teens, Inc., then elaborated on the proposal
before the Council. He said the club is a multifaceted, entertainment
center. Their hours of operation would adhere to all curfews. There
would not be more than 300-400 persons on site at any one point. The
center would draw from other suburbs but is designed to work within the
City. The center will provide educational assistance after school and
would involve parents and teachers. They would also operate a job
placement service. Since the club would have 501C status, a portion of
the profits would go into a scholarship fund.
Adjoining the club would be a pizza take-out operation which would
also serve the club. The club would be non-alcoholic and non-smoking.
Mr. Swanson listed the requirements for admission including the fee,
identification, breathalizer tests, etc. Individuals would not be
allowed to loiter or mingle outside. He stated that the City of Fridley
was pleased with their operation. Many inner City kids come out to the
centers. There have been six minor incidents at the Fridley facility in
their nine months of operation. The Center's security handled all
incidents. The center employs security for both inside and outside of
the facility.
The Mayor asked why they had chosen this particular center. Mr.
Swanson stated that one of the principals of the corporation is Mr. Steve
Ramsey, who owns Blackhawk Plaza. They had not anticipated the need for
a special use permit to utilize the facility and had already begun some
minor remodeling. Councilmember Gustafson asked about the square footage
at the Fridley center. He was told it is 4,800 s.f. + expansion. With
weekends being the busiest nights, 400-500 visit at those times. The
closest facility similar to the one planned for Blackhawk Plaza is the
Back to the Goldrush in Cottage Grove which is attended by 900-1,200
individuals on a weekend evening. Councilmember Gustafson expressed
concerns about parking for such large numbers. Mr. Swanson said they
anticipate 100-150 cars in an evening.
Page 21/EAGAN CITY COUNCIL MINUTES
March 20, 1990
®G1O0
Ms. Sharon Hanson presented a petition against locating the teen
club at Blackhawk Plaza. She stated she was not opposed to a teen club
but did not agree that an NB district such as Blackhawk Plaza was the
place for one. She defined an NB district as small business areas to
serve daily needs of adjoining residents. She said the center did not
fit the definition. The adjoining neighborhoods are made up of 25-year
residents and new homeowners. 99% of the adjoining neighborhood would
not use the center at all, let alone on a daily basis. She appreciated
the center being drug, smoke and alcohol free, but wondered who would
patrol the area once the teens were off the Blackhawk Plaza property.
Pawlenty moved, McCrea seconded a motion to deny a similar use
finding for the teen club use in a neighborhood business district.
Aye: 4 Nay: 0 (Gustafson abstain)
It was recommended that TC' s Teen Club work with staf f to f ind a
more suitable location.
SPECIAL USE PERMIT/PRAISE FELLOWSHIP CHURCH
Gustafson moved, McCrea seconded, a motion to approve a special use
permit for Praise Fellowship church to allow the church to locate
temporarily at 3103A Sibley Memorial Highway. The special permit will
expire on March 20, 1992. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/FEDERAL LAND COMPANY
OUTSIDE STORAGE
The City Administrator prefaced this item by saying the Advisory
Planning Commission had recommended denial of this conditional use permit
on the basis that the applicant was in violation of City ordinance. The
applicant stated they had tried to control the parking and admitted that
at times the number of cars parked at the Agency Rent A Car site was 20-
30 cars rather than the allowable 8-10.
Councilmember Gustafson said that the applicant should be cited if
in violation but it should not be a deciding factor in considering their
application for conditional use permit. The applicant said the rental
site was beneficial if the numbers could be controlled. Councilmember
Pawlenty asked if the conditional use could carry a sunset provision.
The City Attorney said the Council could tie the approval to an event but
it would be difficult to set a time limit.
Gustafson moved, Wachter seconded, a motion to approve a conditional
use permit for the outside storage of up to 10 cars in the Yankee Square
Center for Agency Rent A Car. Approval is subject to the following
conditions:
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Page 22/EAGAN CITY COUNCIL MINUTES
March 20, 1990
1. That the cars will not carry for sale signs nor be available for
sale at this site.
2. That signage shall be provided delineating the rental car
parking from the shopping center parking.
3. That the permit shall be subject to all applicable ordinances.
Aye: 4 Nay: 1
PRELIMINARY PLAT
GOPHER EAGAN INDUSTRIAL PARK 3RD ADDITION
Councilmember Gustafson asked about the variance request for less
parking stalls than would ordinarily be required of this site. He asked
as to the hardship. Director of Community Development Runkle stated that
the additional spaces were not needed as the site only supports 30
employees. The applicant will be required to supply proof of parking.
Gustafson moved, Wachter seconded, a motion to approve a preliminary
plat entitled Gopher Eagan Industrial Park 3rd Addition subject to the
following:
These standard conditions of plat approval as adopted by Council
action on September 15, 1987, shall be complied with: Al, B1, B2, B3,
B4, Cl, C2, C4, C5, D1, El, F1, and G1.
1. The required conservation easement for the north property line
shall be properly conveyed and recorded simultaneously with the final
plat.
2. A variance of 42 parking stalls shall be approved with the plat
subject to proof of parking if needed for future use.
3. No outside storage shall be allowed.
4. No outdoor speakers shall be allowed.
5. The development is required to provide a 5 cfs storm sewer
outlet to the storm sewer system in Kutoff Court.
6. The development is required to submit detailed plans and
specifications for the construction of the proposed retaining wall for
staff review and comment.
7. The development is required to limit nutrient loadings to Burr
Oak Pond to predevelopment levels. Aye:
00102
Page 23/EAGAN CITY COUNCIL MINUTES
March 20, 1990
ADMINISTRATIVE AGENDA
MPCA ADVISORY COMMITTEE
Wachter moved, Gustafson seconded, a motion to appoint Phyllis
Riesland as a regular member of the MPCA Advisory Committee subject to
her acceptance. Aye: 5 Nay: 0
CLERICAL SETTLEMENT
McCrea moved, Gustafson seconded, a motion to approve ratification
of the clerical bargaining unit settlement for 1990, 1991, 1992.
Aye: 5 Nay: 0
GROSS REVENUE AUDIT OF CABLE TV NORTH CENTRAL
Wachter moved, McCrea seconded, a motion to authorize the Chair of
the Burnsville/Eagan Cable Commission to execute a contract on behalf of
the cities of Burnsville and Eagan for the purposes of conducting an
audit of Cable TV North Central. Aye: 5 Nay: 0
ACQUISITION OF MCCARTHY PROPERTY
Pawlenty moved, McCrea seconded, a motion to approve the acquisition
of the Lillian McCarthy property as directed in negotiations in 1988, and
the Mayor and City Clerk be authorizedto to execute all related
documents. Aye: 5 Nay: 0
LEASE AGREEMENT/OPERATION OF COMPOST SITE
CITY OF EAGAN/DAKOTA COUNTY
McCrea moved, Pawlenty seconded, a motion to approve the lease
agreement between the City of Eagan and Dakota County with respect to
operation of the compost site. Aye: 5 Nay: 0
PROCLAMATION/HEALTH FAIR 11
Egan moved, McCrea seconded, a motion to approve a resolution
entitled, Health Fair 11, proclaiming March 31 - April 14, 1990, as the
dates for a Health Fair 11 site in the City of Eagan. Aye: 5 Nay: 0
R-90.15
PROCLAMATION/FAIR HOUSING MONTH
Egan moved, Wachter seconded, a motion to approve a resolution
entitled, Fair Housing Month, proclaiming the month of April 1990 as Fair
Housing Month in the City of Eagan. Aye: 5 Nay: 0
R-90.16
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Page 24/EAGAN CITY COUNCIL MINUTES
March 20, 1990
PROCLAMATION/AMERICAN ROME WEEK
McCrea moved, Pawlenty seconded, a motion to approve a resolution
entitled, American Home Week, proclaiming April 29 - May 5, 1990, as
American Home Week in the City of Eagan. Aye: 5 Nay: 0 R-90.17
VISITORS TO BE HEARD
Mr. Gordon Byers of 4825 Eriks Boulevard, approached the Council
requesting a 1' variance to the sideyard setback requirements in order
to extend his home 1'. Mr. Byers had obtained his neighbor's approval
but was unaware he needed to go through the variance application process.
Wachter moved, Gustafson seconded, a motion to continue the variance
to the April 3, 1990, regular City Council meeting contingent upon the
applicant going through the variance process. Aye: 5 Nay: 0
RAHN ROAD PROJECT/PROJECT 584
After discussing the results of the neighborhood meeting, it was
determined that all facets of the original approval would remain in
effect with the exception of the materials used to complete the trailway
on the east side of Rahn Road. Bids will be obtained for both bituminous
and concrete surfacing of the trailway and the affected property owners
notified of the change in assessments to allow them to determine which
material they wished installed.
WILDERNESS PONDS PETITION/PROJECT 86-RR
The Director of Public Works reported that a petition had been
received from the developer of the Wilderness Ponds subdivision
requesting a feasibility report for the installation of storm sewer.
City staff reports that the existing system was designed and installed
privately and is inadequate for the development. Because any redesign
and upgrade of this utility under a public improvement project could
result in assessments to adjacent property owners, it should be the
responsibility of the developer. An alternative would be to have the
developer declared in default of the development agreement.
McCrea moved, Wachter seconded, a motion to declare the developer
of the Wilderness Ponds Addition in default of the development agreement.
Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist
dated February 28, 1990, in the amount of $556,069.21 and the checklist
dated March 20, 1990, in the amount of $661,571.33. Aye: 5 Nay: 0
Page 25/EAGAN CITY COUNCIL MINUTES
March 6, 1990
ADJOURNMENT
1990.
OC104
The City Council meeting was adjourned at 2:10 a.m. on March 21,
KF
C TY OF EAGAN
E. J anOverbe e, City Clerk
00105
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
March 27, 1990
A special meeting of the Eagan City Council was held on Tuesday, March 27, 1990 at
5:30 p.m. at the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers
Gustafson, McCrea, Pawlenty and Wachter. Also present were Planner I Marnin, Director of Community
Development Runkle, Director of Public Works Colbert and City Administrator Hedges.
COMMENT REPORT/R-4 STUDY
Director of Community Development Runkle provided a brief summary of the R-4 study
that reviews all undeveloped land in Eagan designated for mufti-family residential use and has
considered the appropriate land use rezoning designation for approximately seventy (70) separate
parcels referred to as R-4 study areas. He stated that draft reports were considered by the City Council
during 1989 and at the direction of the City Council, letters were mailed to property owners within
sixteen (16) of the twenty-three (23) study areas requesting input on the City's proposal to change the
land use/zoning designation of their properties. Director of Community Development Runkle presented
the Comment Report which provides documentation of the comments that were received from property
owners regarding their reaction to the proposed changes. Planner I Marnin reviewed each of the
sixteen (16) study areas and Mayor Egan allowed comments from any property owners who were
present regarding the land designation within their study area.
Following each of the study area presentations and public input, City Councilmember
Pawlenty recommended that the memo addressing legal issues be redrafted and represent a
condensed legal criteria presentation as opposed to 'a case-by-case analysis. City Councilmembers
suggested that the memo be user-friendly, so it is a working tool for both the City and property owners.
City Councilmembers expressed strong appreciation for the amount of time and effort the Community
Development Department has given to this project and suggested that the City proceed with the formal
public hearings. City Councilmember Gustafson recommended that those parcels requiring the most
difficult analysis be scheduled first so that any problems or issues pertaining to a rezoning or change
in the comprehensive guide plan could be worked on while the City is considering other parcels for a
change in land use designation.
After further discussion on the matter and in a motion by City Councilmember
Gustafson, seconded by Councilmember Wachter, all members voting in favor, the Comment Report
was accepted as presented and the City Administrator was directed to schedule as a Consent Item for
the April 3, 1990 regular City Council meeting, an action item to set a formal public hearing process
for the first regular meeting in each of the next four (4) months to consider four (4) of the sixteen (16)
parcels at each City Council meeting.
City Councilmember Pawlenty stated that it might be in the best interest of the City to
declare a moratorium on development applications for any projects that are proposed within the study
areas that are being examined by the City Council. He suggested that the moratorium be declared for
that period of time while the City examines each of the sixteen (16) study areas through a formal public
hearing process. The City Administrator was directed to review the concept of a moratorium with the
Legal Department and place that on the April 3 City Council agenda for formal consideration.
WATER QUAUTY MANAGEMENT PLAN UPDATE
Director of Public Works Colbert provided a brief review on the status of the Water
Quality Management Plan study stating that staff has met with the Developers Task Force and has held
00106
a public information meeting on March 22 and provided public information through articles in the local
newspapers and City Newsletter. He stated that the response he received at the Developers Task
Force meeting and public information meeting was a support for the adoption and implementation of
the Water Quality Management Program. Director of Public Works Colbert asked if the staff could be
of any further assistance as the City Council prepares for final ratification of the Water Quality
Management Plan at the April 3 City Council meeting. City Councilmembers expressed support for the
plan, however, asked that additional information be provided regarded implementation of the storm
water user rate which is a scheduled action for a May City Council meeting. Councilmembers asked
that the fee be justified through a verification of operating capital expenses, an analysis of the storm
sewer trunk fund and a specific demonstration for the need and use of the storm water utility fee if this
revenue source is approved. The City Administrator and Director of Public Works indicated that
additional financial information will be forwarded to the City Council during the month of April to help
the City Council prepare for ratification of the storm water user fee.
OTHER BUSINESS
There being no additional business, the meeting was adjourned at 8:30 p.m.
TLH
OWN\
-ft & OIA &
March 27, 1990
Dated City Clerk
MINUTES OP A REGULAR MEETING OP THE 00107
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 3, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
April 3, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Public Works Director Tom Colbert, and City Attorney James
Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Item F, Consent Agenda, Park Center Final Plat, request to continue
indefinitely.
Item G, Consent Agenda, Duckwood Square Final Plat, request to
continue indefinitely.
Item H, Consent Agenda, Frank's Nursery & Crafts Addition Final
Plat, request to continue indefinitely.
Gustafson moved, Pawlenty seconded, a motion to approve the agenda
as amended. Aye: 5 Nay: 0
DALE BRULE RETIREMENT
At this time, Mayor Egan wished to discuss one of the issues under
Personnel Items. The Mayor said that Dale Brule, an investigator with
the Police Department, has notified the City that he plans to retire from
the Department effective May 30, 1990. Police Chief Geagan then
expressed the appreciation of the Department and related a number of
Dale's achievements including: being the Department's specialist in
white collar crime, recently solving a case of computer hacking in the
County, developing the process for videotaping crime scenes which has
become a model for other cities in the County, and having over 30 letters
of appreciation in his personnel file. The Mayor told Dale that Eagan
would sorely miss him and wished him the best of luck.
MINUTES
McCrea moved, Gustafson seconded, a motion to approve the minutes
for the March 20, 1990, regular City Council meeting with the following
corrections:
Councilmember Gustafson requested a correction on page 9, paragraph
7: Ms. Krecklau's first name is "Arlene."
PAGE 2/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00108
Councilmember Pawlenty requested a correction on page 14, paragraph
7: the last sentence, after the word, "entity," should read, "owning the
facility which will have no assets."
Councilmember McCrea requested corrections on page 16, paragraph 3:
the third sentence, after the word, "to," should read, "the YMCA." and
the sixth sentence, after the word, "would," should read, "consider
expediting a YMCA with ice on a donated site."
Gustafson moved, Wachter seconded, a motion to approve the minutes
of the March 27, 1990, special City Council meeting. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
PROJECTS 466 & 510/STREETLIGHT INSTALLATION
The Council briefly discussed the financing and placement of
streetlights to be installed at major intersections. Councilmember
Wachter asked whether the County would participate in the funding of
these installation. The Director of Public Works said the County does
not fund streetlighting; however, because the streetlights are associated
with upgrading of major County roads, they could be financed through the
Major Street Fund.
McCrea moved, Gustafson seconded, a motion to approve the upgrade,
relocation, and installation of major intersection streetlights under
Projects 466 and 510 (Cliff, Diffley and Pilot Knob Roads). Aye: 5
Nay: 0
CONSENT AGENDA
A. Personnel Items:
1. It was recommended that Kelley Janes be hired as a utility
maintenance worker for the City, subject to successful completion of the
City's physical examination requirement.
2. It was recommended that Bruce Koopmeiners be hired as a spring
seasonal utility maintenance worker.
3. It was recommended that the following be hired as spring
seasonal park workers: Curtis Haider, Thomas Mullin, Mark Johnson, Steve
Baehr, Brent Tait, Bruce Schlie, Erick Perezflores, Joseph Larkin, Jerry
Smith, Velta Martin, Richard Kluender, Joseph Loma, Michael Kostka, Brent
Eichten, and Nancy Oswald.
4. It was recommended that the Council ratify the hiring of Jeff
Kadlec as a spring seasonal street maintenance worker.
5. It was recommended that the Council ratify the transfer of Lauri
Tripp to the position of crime Prevention officer.
00109
PAGE 3/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
6. It was recommended that CSO Dan Mason be hired as a Police
Officer effective May 1, 1990.
7. It was recommended that the resignation of Investigator Dale
Brule from the Eagan Police Department be accepted effective May 30,
1990.
8. It was recommended that Dale Abram, Todd Kirchgatter and Caridad
Arendale be hired as Community Service Officers subject to successful
completion of the City's physical, psychological and drug testing
examination requirements.
9. It was recommended that John Olinger be hired as the temporary
Administrative Intern.
Councilmember McCrea said she would continue to encourage the hiring
of qualified women.
B. Plumbers Licenses.
It was recommended that the following plumbers' licenses be
approved: 1) Aaron's Plumbing; 2) Advanced Plumbing & Heating, 3) Madsen
Plumbing & Heating, 4) Marty's Excavating, 5) Star Plumbing, and 6)
Stillwater Plumbing.
C. Project 594, Authorize Feasibility Report (Pond LP-67).
It was recommended that the feasibility report for Project 594 (Pond
LP-67) be approved.
D. Contract 90-06, Approve Plans/Authorize Advertisement for Bids
(Cray Addition, Coventry Pass & Effress Addition - Storm Sewer).
It was recommended that the plans for Contract 90-06 (Cray Coventry
Pass 2nd and Effress Additions - Storm Sewer) be approved and the
advertisement for a bid opening to be held at 10:30 a.m., Friday, April
27, 1990, be authorized.
E. Project 87-00, Acknowledgement of Completion (Country Hollow -
Streets & Utilities).
It was recommended that the completion of Project 87-QQ (Country
Hollow - Streets & Utilities) be acknowledged and the assumption of
perpetual maintenance responsibilities be accepted subject to appropriate
warranty provisions.
F. Final Plat, Park Center.
With approval of the agenda, the Park Center final plat was
recommended for continuance.
OM
ixp
PAGE 4/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
G. Final plat, Duckwood Square.
With approval of the agenda, the Duckwood Square final plat was
recommended for continuance.
H. Final Plat. Frank's Nursery and Crafts Addition.
With approval of the agenda, the Frank's Nursery and Crafts Addition
final plat was recommended for continuance.
I. Schedule Public Hearings for Rezoning Process, 16 Parcels
Adopted in an R-4 Study.
Pat Hoffman of Hoffman Development Group approached the Council
regarding this item. Mr. Hoffman had concerns regarding rezoning of a
parcel referred to as Area M. It is a 60 acre parcel north of Diffley
which is part of a larger Planned Unit Development. The PUD agreement
runs until 1993. Present zoning allows for R-4, which under the PUD
would permit 16+ units per acre. Mr. Hoffman went on to express concern
that this was included in the R-4 study with its PUD zoning. If the
property remains undeveloped in 1994, he said it could be best looked at
then. He added that the Hoffman Development Group would be happy to work
with the City; however, the City should recognize it has a contract.
Mr. Hoffman also expressed concerns regarding a moritorium. He said
they have had interest in the property within the past 60-90 days.
Because discussion of any type of rezoning would have a negative impact
upon the sale of the property, he said Hoffman Development Group would
be looking at damages. Mr. Hoffman wants Area M removed from the study
list and they will work with staff regarding its eventual use.
The Mayor then asked the City Attorney about Mr. Hoffman's
questions. The City Attorney replied that the R-4 study does not just
involve the Cliff Lake property but the entire City. The 16 parcels
included in this study are being looked at for legal analysis and
planning. The City has not singled out any one parcel and could proceed
with the study.
The Mayor asked the Community Development Director if there were any
other properties included in this study that were under a PUD agreement.
Mr. Runkle replied that they have looked at all R-4 and R-3 zoned
properties and have referenced whether or not they are in a PUD. While
he did not have the information before him, he said, however, there could
be one other parcel with a PUD.
Councilmember Pawlenty questioned whether the City could violate a
PUD agreement. The City Attorney replied that it was difficult to give
a definitive answer in the absense of all the facts, however, generally
speaking, if the City entered into an agreement, it would be bound by law
to honor the agreement and any type of rezoning would require a public
hearing.
Mill
PAGE 5/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Because the discussion was becoming lengthy, Councilmember McCrea
made a motion to remove the item from the Consent Agenda and move it to
the end of the meeting; however, the motion failed for lack of a second.
Because Mr. Hoffman said his development group had not received
notice of this property's being part of the R-4 study, the Mayor
recommended that the Council act on the other parcels but work with the
property owner on a voluntary basis.
Councilmember Gustafson moved, Wachter seconded, a motion to
establish public hearings for the first regular City Council meetings in
the months of May, June, July and August for the purpose of considering
a change in the zoning status for each of fifteen (15) multifamily
residential or comprehensive guide planned parcels of property as
identified in the comment report approved by the City Council at the
March 27 special City Council meeting, and removed Area M from this
action for 30 days.
Councilmember McCrea expressed concerns about equity and questioned
whether any of the other 15 parcels should receive similar treatment.
Mayor Egan said the other property owners had received notice and could
have also presented their cases to the Council.
Aye: 4 Nay: 1 (Pawlenty)
J. Ratification, Variance, Gordon Byers, for 1 Foot to the Sideyard
Setback Requirements.
It was recommended that a one-foot variance to the ten foot sideyard
setback be approved for Gordon Byers at 4825 Eriks Boulevard to allow for
the completion of an addition to his dwelling unit.
K. Resolution, Access Minnesota Project, Minnesota Department of
Trade and Economic Development.
It was recommended that the Access Minnesota Resolution be approved
as presented.
R-90.18
McCrea moved, Wachter seconded, a motion to approve the Consent
Agenda except as described with the adoption of the agenda and as noted
herein. Aye: 5 Nay: 0'
PUBLIC HEARINGS
There were no public hearings.
00112
PAGE 6/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
OLD BUSINESS
COMPREHENSIVE WATER QUALITY KANAGEMENT PLAN
The City Administrator presented a brief history of this item
including the 3 - 4 years it has been in process, the informational
presentations to other groups and the public, and the discussion of the
Council at the March 27 workshop.
The Director of Public Works then addressed the actual Plan. He
said the management plan had been developed to preserve and maintain the
City's wetlands and wildlife habitat. He added that at present, it is
the only comprehensive plan in the State. The Plan includes the
following essential elements: 1) a wetlands inventory, 2) a
classification scheme, 3) management criteria, 4) a prioritization/
ranking system, 5) policies for management, and 6) policies for
development. The Plan is intended to mitigate the negative impact of
development on the remainder of undeveloped property in the City.
The Director of Public Works said that implementation of the
management plan in the City would necessitate passage of an ordinance.
However, he also pointed out that implementation of water quality
management plans would soon be mandated by the State.
Councilmember Wachter praised the management plan and hoped that it
would be approved by the Council and the public. He wished it pointed
out, however, that not all results would be immediate. The Director of
Public Works agreed adding that it was indeed a long-term process.
Councilmember Pawlenty then asked the Director of Public Works what
the status of the Utility Fund was. Mr. Colbert said that a formal
ordinance including the Utility Fund would be presented to the City
Council at a May 1 public hearing.
Councilmember McCrea expressed confusion in regard to the funding
of the plan. She asked the effect on various types of landowners, which
parts of the plan would be implemented, and what had been budgeted. The
City Administrator said that a budget analysis answering these questions
would be included with the information for the May 1 public hearing.
Councilmember Pawlenty indicated that on page 94 of the plan
approximately 34% of the estimated revenue would go toward wetland
preservation. He inquired as to where the other 66% would go. The
Director of Public Works said, for purposes of discussion, the plan had
shown 34% to be budgeted toward wetland preservation, 28% for operation
and maintenance of the storm sewer system and the remainder for erosion
control. However, any changes in the percentages and their allocation
would be at Council discretion.
Mayor Egan said that the 90's would be the decade of the environment
and appreciated the strong initiative.
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PAGE 7/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Mr. Bob Worthington of Opus Corporation approached the Council with
concerns about cost considerations. Mr. Worthington said the costs
should be worked out before implementation of the plan. He said the
majority of Opus property would not be affected but his major concern was
100 acres yet to be platted. He added that he was not opposed to the
plan but was concerned as to specific costs. He said he expected the
90's to be a difficult time for developers and each additional cost would
cause concern for the developers and their survival. He said he would
like implementation continued until the cost implications are known.
Mayor Egan asked how long the developer had to work with staff on
this issue and Mr. Worthington said that any cost estimates they had
received were general. He said until the costs were researched there
would be uncertainty.
Mayor Egan then asked the Director of Public Works if the Developers
Task Force had reviewed and endorsed the plan. Mr. Colbert said that
they had. He added that they could only be general with cost estimates
on unplatted property until they knew the specifics of the development.
He said if adoption of the plan were held up to do an analysis of each
piece of property, the plan would never be implemented.
Councilmember Pawlenty said that it appeared the City was getting
the cart before the horse. He was concerned that the Utility Fund was
not on the agenda and was surprised that the City would adopt a plan and
then figure out how to pay for it.
Councilmember Gustafson echoed the same concerns because once the
plan is adopted there would be no going back. Councilmember McCrea also
had concerns. She mentioned receiving a call from a golf course owner
who wondered how it would impact the golf course.
Pawlenty moved, Gustafson seconded, a motion to adopt the Water
Quality Management Plan with the stipulation that if funding is not
completed, areas will be prioritized and funded accordingly.
The first from the public to address the issue was Mr. Dick
Reynolds. Mr. Reynolds said that the State has lost 75% of its wetlands
and it was of great concern. He said he could assure the City of a
favorable reaction from envirnomental groups. He said it was a model
plan and recommended its passage.
Mr. Don Forrester also had concerns about the environment but
questioned whether this is just another tax. He said it should go to a
public vote with explanation of where the funds were to come from and
where they were to go.
Mr. John Court agreed with protecting water and agreed with the
present situation. But Mr. Court said he pays for water and sewer
already and maintenance of the system is the only thing that needs more
money. He said it was a ploy to get more money and that the Plan would
PAGE 8/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
00114
not use all the money allocated. He asked where the rest of the money
would go. He stated that he was a former resident of White Bear Lake,
which had a number of lakes for boating. Since Eagan has mostly ponds
and no boating lakes, he wondered why Eagan would be the first with a
plan. With ice arenas and schools, he said the City was taxing people
out of their homes. He added that if the City banned lawn service
companies from doing business in the City, there could be a lawsuit.
Mr. Colbert listed sample average rates under the proposed Utility
Fund: Single-Family: $4.56/residence; Townhome: $3.65/residence; and
Commercial/Industrial: $21.84/acre. He said the City Council could
adopt as is, or change, any or all of the rates; however, in their
present form would generate approximately $390,000. Additionally, 100%
of the ponds in Eagan hold surface water run-off and through a complex
system of ponds and storm sewer, eventually all run-off flows into the
river. Mr. Court said that recreational (boating and swimming) lakes and
ponds in Eagan should receive all the money. Mr. Colbert replied that
they would receive priority.
Mr. Darrell Eisner attended the March 22 public information meeting
and he questioned the single-family rate. Mr. Eisner said the rate
should be based on the size of the property. Larger homes should pay a
higher rate than smaller homes. Mr. Colbert answered that an average was
used for the single-family rate. The measurement used to determine the
average was the impervious surface of the property. Since impervious
surface includes the roof, driveway, sidewalk surfaces, etc., and it
would be impossible to measure each home, it was determined that an
average would be the most feasible.
Mr. John Glenn encouraged the endorsement of the plan. He then
asked if the City had received any organizational funding.
The Public Works Director related that a $26,000 grant had been
received from the Pollution Control Agency for the Schwanz Lake
diagnostic/implementation project. The City had also applied for a LCMR
grant for environmental improvement of the Fish Lake drainage basin.
Councilmember Gustafson said it was difficult to condense 3 1/2
years of work into a half hour; the Plan addresses every point. He said
no one was interested in taxing anyone out of their homes; however, he
expected his taxes to go up each year just as they have in each of the
last 25 years he's lived in Eagan.
Mayor Egan expressed frustration to hear all these questions now.
He said that through all the informational meetings on this subject, he
had heard every question answered before.
Councilmember Wachter said he was not only concerned about the water
quality of that running into the river but also that which percolates
through the ground and eventually used as drinking water. Aye: 4
Nay: 1 (McCrea)
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PAGE 9/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
CONDITIONAL USE PERMIT/VARIANCE
MINNESOTA PUBLIC RADIO
Mayor Egan began the discussion of Minnesota Public Radio's
applications for a conditional use permit and variance by providing a
brief background as to the information that has been provided for this
item through previous meetings, staff reports, packets, etc. The Mayor
reminded the applicant and the audience that the Council was very
familiar with the applications and due to the length of the agenda, did
not need to revisit each issue in depth. He asked that presentations be
brief and if additional clarification were needed, it could be
accomplished through questions and answers.
The City Administrator pointed out that Minnesota Public Radio had
gone before the Advisory Planning Commission with their requests and the
Commission recommended denial in both instances.
The Director of Community Development then enumerated the issues to
be decided as a conditional use permit and two variances. The
conditional use permit is required to allow a radio tower in excess of
40', a variance is necessary to exceed 100' of tower, and an additional
variance is necessary to deal with fall radius. The distance from the
tower to the nearest property line cannot be less than the equivalent of
the height of the tower from its base to its highest point.
Mr. William Mahlum, an attorney for Minnesota Public Radio spoke on
their behalf. Accompanying Mr. Mahlum and available to answer questions
were Ms. Christina Stalker, an attorney with Mr. Mahlum's office, Mr. Tom
Keegan, Mr. Alfred Wormus, a specialist in AM radio, and Mr. William
Cushman, an appraiser. Mr. Mahlum said that the Council had received a
packet of information from the applicant containing sworn testimony from
various professionals as to various points in MPR's application.
Mr. Mahlum first addressed the issue of permits required from the
U. S. Army Corps of Engineers, Federal Aviation Agency and Federal
Communications Commission. All necessary permits would be obtained. The
issue of interference was touched on with Mr. Mahlum stating there would
be none but if by chance there were, MPR would correct it. He added that
they would be legally obligated by the FCC to correct any interference
problems. He stated the MPR would enter into any agreement necessary to
put concerns to rest.
Mr. Mahlum went on to state that MPR absolutely needed this site.
He said they would not have gone through cutting back the project and
resubmittal if they did not need this site. He explained that one of the
criteria used in determining the location of a radio tower is the ability
to protect the signal in a given area. He further stated that they had
employed consulting planners, Dahlgren, Shardlow, and Uban to research
and find the appropriate geographic location for the towers. He also
explained that while they would meet any requirements the City had
regarding fall area, radio towers, because of the guide wires, do not
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PAGE 10/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
fall horizontally but rather collapse into themselves. Mr. Mahlum added
that they had talked to all surrounding property owners regarding fall
area easements and, if necessary, would obtain these easements.
Mr. Mahlum said that after receiving the City's letter asking
whether MPR had approached WAIL about locating the towers on their
property, their planning consultants again reviewed the issue but WAYL
was not interested. Mr. Mahlum then addressed the neighbor's concerns
about a loss in their property values. He said they had asked Mr.
William Cushman to study the issue and after reviewing the Vienna Woods
experience with the WAYL towers, Mr. Cushman determined that the towers
would not reduce property values.
Mr. Mahlum exhibited photographs giving a perspective of the towers
from the southbound lanes of the Cedar Avenue bridge. Mr. Mahlum said
the towers would not be as threatening in appearance as some might think.
He also discussed what he considered to be favorable publicity for
the City. He added that the MPR would announce on the air that they were
broadcasting from Eagan and MPR would allow a non-commercial message from
Eagan to be repeated on the air three times a week relating to activities
within the City. Mr. Mahlum pointed out that the population of the
Twin Cities is shifting to the south and west of the metropolitan area
and this site is essential to MPR.
Mr. Mahlum then addressed six points which were referred to in the
APC denial of the MPR applications:
1. Citizen opposition: MPR could show citizen support.
2. MWCC treatment of residents near site: MPR agrees that the MWCC
has treated the neighbors badly but MPR's application should not be
denied because of this.
3. Fall radius: It is not necessary but MPR will obtain the
necessary easements. Ordinance does not require that easements be
obtained.
4. Conditional Use Permit/Variance: The City Code does not
prohibit radio and TV towers but provides for a conditional use permit
or variance if height requirements are exceeded. MPR's towers are at the
lower end of the spectrum for TV and radio antennas and all requirements
have been met.
5. and 6. Aesthetics: Some have stated that the towers would give
a poor visual image at the entrance to the City. Visual image in this
regard is not mentioned in the City Code. It is a quality issue. The
visual impact would be far better than that of Enron or billboards. Mr.
Mahlum said the towers would be minimally intrusive.
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APRIL 3, 1990
The public was then given an opportunity to speak and Mr. Mike Wold
was the first to address the Council. Mr. Wold spoke in favor of
locating the towers in Eagan. He said that MPR brought a type of
programming to the residents that was needed. He has noticed that the
signal fades as he drives south on Pilot Knob Road.
Betty Bassett began by asking if MPR had contacted the railroad
regarding a fall area easement. She pointed out that both the
conditional use permit and variances must demonstrate hardship before
approval. She went on to add that MPR was attempting to prove this
hardship by saying they could not locate the towers anywhere else; this
was the only location. Ms. Bassett objected to people coming into Eagan
asking for special favors. She charged the MPR with pushing to get
approval in order to avoid having to meet more stringent FCC standards.
As a former art teacher, she contended that the towers will not look as
well as they do in the photos. Ms. Bassett was also concerned about
lights on the towers. She then said the neighbors could live with other
light industrial development on the parcel as it is below most of the
neighbors' properties; however, the only thing that put this project in
view was the fact that they are towers.
Next to speak was Mr. Dick Reynolds. He said being against MPR was
somewhat like being against apple pie. Because the questions asked in
his February letter had only been answered the night before, he said he
had not had an opportunity to review MPR's response. However, Mr.
Reynolds did state that if the towers did not warrant a permit in a
wetlands area, the Audubon Society would petition the Corps of Engineers
to require one.
Mr. Reynolds then discussed a conversation he had with Refuge
Manager Tom Larson. Mr. Larson had told Mr. Reynolds that they had no
jurisdiction over the subject parcel but he was opposed to the towers.
He said they would be located in a wetlands area and was concerned they
would be destroying the wetlands in an era when time and effort were
going into saving wetlands. He also stated that the towers would be in
a migration route and he did not agree that bird mortality would not be
affected. He also had problems with the visual effect of the towers.
Mr. Larson then mentioned the bald eagle projects in the area which could
be disrupted by the construction and location of the towers. Due to
these concerns, Mr. Reynolds could not endorse this project and would
request a delay.
Mr. Joe Krisnik, a 35 year resident, spoke in favor of the towers
saying the City had promised to be a good neighbor when a watertower was
located next to his property and he was certain MPR would also be a good
neighbor. He said they would have nothing to gain by not being so.
Ted Thoennes asked why MPR couldn't stay where they are now? Mr.
Thoennes stated that an AM signal is directional and if one cannot pick
up the signal in a valley now, that would not change after putting in
these towers.
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APRIL 3, 1990
Mr. Al Arends gave the Council a copy of a newspaper article which
says that towers have an adverse effect on property values as well as
causing extensive interference to electronic equipment. He also said
there was no hardship to MPR. He then asked how wide the towers would
be and was told by Mr. Mahlum that they would be 24" wide. He said there
was a crane boom visible from the Cedar Avenue bridge that was
approximately the same size and it "sticks out like a sore thumb." He
stated that if any of the neighbors were in favor of the project, their
homes faced the opposite direction. He added that if the applicant were
to provide trees to cover the view of the towers, he would probably need
a 240' evergreen.
Mr. Sheldon Ramnarine also discussed the photographs which show the
towers as unobtrusive. He said many things could be done with lenses to
affect the perspective. He stated that electrical interference would
probably be intermittent and hard to track down. He questioned whether
MPR would stick with finding the interference in those instances. He
said that the towers would only increase MPR subscribers by 7% and
indicated that MPR's survey of interest was a very small sampling. Mr.
Ramnarine said the neighbors were the victims of technical arguments.
He asked that the Council use common sense and vote against the proposal.
Ms. Mary Ramnarine briefly addressed the underlying zoning of LI for
the area. She said the 1990's would be the decade of the environment and
the Council should leave the area as is. She asked that they deny the
applications.
Another member of the audience said that the variances were three
times the legal limit and would be stretching the limit of the law if
approved. He asked whether the Council would allow other issues to
exceed standards by three times.
The last of the public to speak was Mr. Lester Spencer. Mr. Spencer
presented a petition in favor of the towers and indicated residents had
signed the petition willingly. He then read a note from a lady who lives
near the WAYL towers who stated she had found the towers to be an asset
rather than a hinderance, that they have received no interference from
the towers, and that she valued the towers more than she would other
houses or other development on the same property.
Mr. Mahlum then attempted to address some of the concerns expressed
by the public: The MPR would preserve the wetlands as the towers only
impact approximately 1% of the property; the railroad would grant a fall
area easement; the applicant was not breaking the law and the FCC is not
determining the timing of their application. He said that in order to
hold onto their FCC license, they would have to maintain their audience
and the population is moving away from their present location; there
would be lighting on the towers but no strobe lights. Mr. Mahlum
mentioned Mr. Spencer's petition and pointed out that they had not asked
Mr. Spencer to circulate a petition. Additionally, an AM signal is
carried by the ground not line of sight; he reiterated that the MPR would
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PAGE 13/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
fix any problems due to interference; there will be no devaluation of
property; they stand behind all their technical data and their photos are
not intended to deceive. They received a 40% return on the number of
surveys mailed out. Specifically to Mr. Reynolds, the Corps said this
is a wetlands area and have visited the site; they are within a national
permit area. The Corps encourages siting of radio towers in areas such
as this one as they are not intrusive. Mr. Mahlum then stated that
towers such as these kill less birds that picture windows, predator
control procedures and pollution; he said that the MPR is prepared to go
to the Corps with the Audubon Society and will take any reasonable
suggestion to minimize the impact on the avian population.
Councilmember Gustafson then asked the City Attorney if an
industrial property were labeled as wetlands whether the wetlands
designation would supercede? The City Attorney said in order to develop
such property, the applicant would have to obtain the appropriate
permits. The Councilmember then asked whether towers over 100' were over
the legal limit. The City Attorney stated that 40' would be considered
the legal limit. Anything in excess would not be a violation of the law;
however, a conditional use permit would be necessary for a tower in
excess of 40' but less than 100' and a variance would be required for
anything beyond 100'.
Councilmember Gustafson asked MPR what prevented them from staying
in their present location? Mr. Mahlum stated that they are presently
located near Gannon's. They have height restrictions there due to their
proximity to the airport and again, mentioned the shifting population.
Councilmember Pawlenty then asked the City Attorney if it might not
be preferable to require a special use permit rather than a conditional
use permit to allow a sunset provision. The City Attorney stated that
once the radio towers were up and operating, it would be difficult to
stop.
In response to Councilmember McCrea's query as to the towers' life
expectancy, Mr. Wormus stated they could last as long as 400 years.
Councilmember McCrea suggested we try the towers and if they are not
satisfactory, that the conditional use permit be removed.
Councilmember Pawlenty then said that MPR had done a fairly
impressive job in addressing questions, in reducing the number of towers
from 4 to 3, and in reducing their height from 450' to 3001. He said the
issue came down to how the towers would look on this site. Three, 24"
towers would not impact the wetlands as perhaps some other light
industrial use would and that possibility exists as it is unlikely the
property would sit vacant indefinitely.
The Mayor then discussed his meeting with Mr. Mahlum and Christina
Stalker. He said that this was a balancing test and a quality of life
issue. He stated it was MPR versus the situation of the neighbors near
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PAGE 14/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
the Seneca site. The Mayor would like to see the exacerbation of those
on the riverfront reduced. It is unfortunate, but cannot separate Seneca
from this issue; it is one more thing. Appraisals on the surrounding
properties have not been forthcoming due to the uncertainties surrounding
Seneca, etc. The Mayor went on to state that light industrial on the
Peterson site would not be objectionable if Corps of Engineer
requirements were met. He does not want to add to the problems of this
neighborhood. The Mayor also questioned whether this was a hardship and
was indeed the only location for the towers. He said that if the
Peterson property was the only southern site suitable for an antenna,
then we were in trouble. If the property was the 'only site for an
antenna, then a lot of TV and radio stations were in trouble. He then
stated that even though the property is zoned light industrial, the
towers raise significant environmental issues.
Councilmember Wachter stated that variances are granted at the
discretion of the Council and that Mayor Egan had substantially stated
his position also.
After calling for a vote, Mayor Egan moved, Wachter seconded, a
motion to accept the recommendation of the Advisory Planning Commission
and deny Minnesota Public Radio's application for a conditional use
permit and variance to allow for the construction of three (3) radio
towers, each 300 feet in height on property presently owned by Mrs. Fern
Pederson located in the south 1/2 of Section 18. Aye: 3 Nay: 2
(McCrea and Pawlenty)
R-90.19
Mayor Egan moved, Wachter seconded, a motion to deny Minnesota
Public Radio's request for a variance to the fall area for three (3)
radio towers placed a distance closer than the equivalent to height of
100' from the nearest property line. Aye: 3 Nay: 2 (McCrea and
Pawlenty)
R-90.20
PROJECT 559
DESIGN STUDY REPORT/PLANS & SPECIFICATIONS
MAINTENANCE FACILITY EXPANSION
The City Administrator reported that during the past year, staff had
been working with BRW Architects refining project costs and analyzing
alternatives for an expansion of the maintenance facility.
Mayor Egan was concerned about the financial aspects of the
expansion. The City Administrator said if the Council was not
comfortable with the financing, that portion of the project could be
referred to the Finance Committee for recommendation.
Councilmember Wachter said he could not vote for implementing the
entire project all at once. Councilmember Pawlenty agreed. Various
questions were then asked about the cold storage areas and the locations
for each of the phases.
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PAGE 15/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Councilmember Wachter moved, Pawlenty seconded, a motion to receive
the implementation/feasibility report for Project 559 (Central
Maintenance Facility Expansion) and authorize the preparation of detailed
plans and specifications for Phase I. Aye: 5 Nay: 0
FINAL PLAT EXTENSION
TOWN CENTRE 100 - STH ADDITION
Pawlenty moved, McCrea seconded, a motion to approve an extension
of the final plat for Town Centre 100 5th Addition to,June 6, 1990.
Aye: 5 Nay: 0
TRAPP FARM PARK ADJACENT PROPERTY ACQUISITION
The City Administrator introduced this item by saying that Director
of Parks & Recreation Ken Vraa had worked with Tri-Land Properties
regarding purchasing or implementing restrictive covenants on several
lots in Lexington Pointe near Trapp Farm Park. Mr. Brad Swenson of Tri-
Land Properties brought the issue to the City's attention with the intent
of addressing the issue before homes were built on the property. Several
options were discussed including: a land swap, acquisition and
restrictive covenants. It was also pointed out that the Council had
walked the site and is very familiar with the situation.
The Director of Parks & Recreation provided additional background
regarding discussions with Tri-Land on a land swap. Mr. Vraa said that
the City had researched their surplus property to see if any had
development potential. Tri-Land Properties was interested in 10 acres
east of Walnut Hill Park but would only swap two of the Lexington Pointe
lots for this parcel. The Director of Parks & Recreation then shifted
his attention to the possibility of a conservation easement along the
back of the subject lots which would prohibit the inclusion of structures
on that portion of the property included in the easement.
Councilmember Wachter asked Mr. Vraa which lots would impact the
Trapp Farm Park. Mr. Vraa replied that Lots 9 and 10 were probably the
most important due to the site intrusion, their impact on the sliding
hill, and the loss of trees.
Mr. Swenson of Tri-Land spoke to the Council regarding his concerns
as to any restrictive convenants or easements on his property. He stated
that such restrictions would lower the property value and decrease the
market for the lots. He suggested that the City purchase the lots and
then market them with the restrictions.
Mayor Egan said the City was reluctant to enter the real estate
market but would perhaps be willing to pay the difference between the
market value of the lots versus the value of the lots with restrictive
covenants on them.
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PAGE 16/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
The Council then asked what the City had paid for the 22 lots
included in the Walnut Hill parcel. Mr. Vraa said they had been
purchased as a part of the overall agreement with HUD which was at
$18,000 per acre, or $180,000 for the 10 acres.
Councilmember Pawlenty said that the loss of the trees on the lots
was the most disturbing. He said the purchase of one or two lots would
probably not help. He said an easement would be a better idea. Mayor
Egan then asked City Attorney Sheldon how easements or restrictive
covenants could be placed on these lots. Mr. Sheldon said restrictions
could be placed on the property either through easements or condemnation;
however, any restrictions could lower the value of the property.
Councilmember Gustafson said that building on any of the lots would
affect the aesthetics. He then broached the idea of a fence along the
back property lines. He said that the City should buy all six lots or
allow the developer to build on all six.
Mr. Dan Levine is the potential purchaser of Lot 10. Mr. Levine
said if the City requires restrictive covenants on a portion of the lot
he wishes to buy, he will ask for a variance to leave that area wild.
He said he may also wish to put up a fence in the future to keep people
from cutting across his yard to get to the park.
Mr. Lee Markell referenced a letter to the City which contained the
signatures of those residents who wished to save the trees on the subject
lots. When Mr. Markell purchased his house, he thought the property was
parkland. He also asked about an ordinance such as being proposed in
Apple Valley which would prohibit cutting trees without approval. He
pointed out that the purchase of the lots would only cost $5 per Eagan
resident.
Mayor Egan reiterated budget contraints. He said it would be
difficult to approve this expenditure when there are residents who want
funding for the Water Quality Management Plan to come through a
referendum.
Mr. Bill Ebsen lives adjacent to the property and expressed concerns
similar to those of his neighbors.
Councilmember Gustafson then said that during their tour of this
site, the Council had informally agreed that they would not spend any
money to purchase this property.
Ms. Laura Marks, a partner in Tri-Land Properties, discussed the
costs the developer has incurred while they have waited for a decision.
She said they had lost buyers and have had others waiting for quite some
time. She said she would like a decision.
Mr. Bob Kirska said he believed the trees are significant to the
value of the property. He said he had been told by Ms. Marks when he
00123
PAGE 17/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
purchased his property that the subject lots would be donated to the City
as parkland. He asked the Council to give favorable consideration to
preserving the trees.
Mayor Egan said he would be willing to work on easements or
restrictive convenants. Councilmember Gustafson said it was unlikely an
agreement would be reached if one had not been reached after all this
time.
McCrea moved, Gustafson seconded, a motion to deny any further study
for proposals by Tri-Land Properties for a purchase of land adjacent to
Trapp Farm Park at the stated lot price. Aye: 3 Nay: 2 (Egan &
Pawlenty)
Councilmember Pawlenty wished it noted that he had not been one of
the Councilmembers who had walked the park site.
CONDITIONAL USE PERMIT
DAN BAR COMPANY
McCrea moved, Wachter seconded, a motion to approve a conditional
use permit application for Dan Bar Company for an on-site residence for
a mini-storage facility on Lot 6, Block 2, of Sibley Terminal Industrial
Park. Approval was subject to the following conditions:
1. No storage or parking on the roof of the building.
2. All signage shall conform to City Code requirements.
3. A detailed landscape plan shall be submitted and emphasize the
Highway 13 corridor image.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT
MOTOR FUEL SALES/TOM THUMB
Councilmember Wachter expressed concerns about the landscaping. He
said it was inadequate on the east side of the property. He said the
site would be better served by replacing some of the shrubs with larger
trees. The Community Development Director reported that the landscaping
plan had been reviewed and met requirements.
The applicant then discussed the condition requiring that the canopy
and building fascia be uniform in design. He said that Phillips 66 will
be the fuel seller for Tom Thumb and they want the canopy facia to
reflect their own design. The building would be in the Tom Thumb colors.
While the colors are similar, they are not identical. The applicant said
that neither Tom Thumb nor Phillips 66 could agree to change the building
or canopy colors, respectively.
40124
PAGE 18/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
Wachter moved, McCrea seconded, a motion to approve the applications
submitted by Tom Thumb for a conditional use permit and pylon sign for
the Blackhawk Plaza Shopping Center subject to the following, amended,
conditions:
1. A detailed landscape plan, with additional plantings along the
east side of the property, shall be resubmitted on an approved grading
plan prior to any building permit issuance.
2. A three-foot berm shall be provided along the south side of both
lots. '
3. North and west boundaries shall be landscaped with over story
trees with a minimum of seven feet height - branching.
4. No outdoor displays or use of loudspeakers for outdoor
advertising or music shall be allowed.
5. Trash and recycling enclosures shall be inside the building.
6. Any rooftop equipment shall not be visible.
7. Car wash shall be equipped with a blower and exterior catch
basin.
8. The entire plylon and sign shall meet the ten foot setback from
all property lines.
9. Pylon sign shall meet ordinance requirements and be subject to
the one-time sign fee of $2.50 per square foot.
10. The building shall be constructed on all sides with brick
similar in color to the existing strip center.
11. Because the Tom Thumb i Phillips 66 images are similar, the
condition that all canopy and building facia be uniform in design was
deleted.
12. Lots 4 and 5 shall be combined with the Dakota County Recorder's
office into tax parcel prior to the issuance of the building permit.
13. Green space and landscaping on the project shall be irrigated
per staff requirements.
14. Car wash details, building elevations and traffic flow shall
be addressed to staff satisfaction prior to submission to the Council of
the application.
Aye: 5 Nay: 0
®0125
PAGE 19/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
CONTRACT 90-01/WESCOTT STATION & CARLSON LAKE PARKS
Director of Parks & Recreation, Ken Vraa, discussed the Wescott
Station Park first. The scenario chosen at the neighborhood meetings was
one of three. Because the neighbors specifically did not want a parking
lot in the park, Mr. Vraa pointed out there would likely be on-street
parking in front of the neighboring homes. The residents indicated that
would be preferable to a parking lot. The estimated costs to develop
this property is $100,000.
Councilmember Gustafson asked as to the use of the park and the need
for a parking lot. At this time, Director of Parks & Recreation Vraa
said staff did not anticipate scheduling the type of activities that
would bring a lot of cars into the area. However, if the need arose, a
parking lot could be added in the future.
Next to be discussed was the Carlson Lake Park. Director of Parks
& Recreation Vraa indicated that most of the neighbors on the perimeter
of Carlson Lake Park were opposed to playground equipment; however,
equipment to serve 6-8 year olds was approved by the Advisory Parks and
Recreation Commission for this park.
Wachter moved, Pawlenty seconded, a motion to approve without
modification Contract 90-01 and the park plans and specifications for
Wescott Station Park and Carlson Lake Park and authorized advertisement
for bids.
Aye: 5 Nay: 0
ST JOHN NEUMANN CHURCH
REQUEST TO WAIVE PLAN REVIEW FEES
With deference to Mr. Thomas Joachim, a certified building official,
and St. John Neumann Church, but with concerns as to the precedent that
would be set, McCrea moved, Wachter seconded, a motion to deny the
request by the parish of St. John Neumann to waive plan review fees for
the addition and remodeling of St. John Neumann Church. Aye: 5
Nay: 0
COMPREHENSIVE THOROUGHFARE PLAN AMENDMENT
Wachter moved, Gustafson seconded, a motion to approve the
Comprehensive Thoroughfare Plan Amendment for the purpose of updating
Eagan's thoroughfare plan to evaluate the functional classification and
designation of all thoroughfares in the City of Eagan. Aye: 5
Nay: 0
MORATORIUM/R-4 DEVELOPMENT APPLICATIONS
After brief discussion, McCrea moved, Wachter seconded, a motion to
deny a moritorium on multi-family residential applications until the
multifamily residential land study is completed. Aye: 5 Nay: 0
00126
PAGE 20/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
DRAINAGE PROBLEMS/COUNTRY ROME HEIGHTS
Wachter moved, Gustafson seconded, a motion to continue the drainage
problem discussion for the Country Home Heights neighborhood to the April
17, 1990, regular City Council meeting. Aye: 5 Nay: '0
Councilmember McCrea left the meeting at 1:05 a.m. for the specific
reason that decisions made after 1:00 a.m. are not in the best interests
of City of Eagan residents.
ADMINISTRATIVE AGENDA
LEXINGTON AVENUE RECONSTRUCTION SCHEDULING
Wachter moved, Gustafson seconded, a motion to preauthorize
installation of traffic control devices in the Westbury Addition if it
is determined by the Director of Public Works to be warranted. Any
action under this preauthorization would be taken to the City Council for
ratification. Aye: 4 Nay: 0
CONTRACT 89-13/WATER TREATMENT PLANT
The Director of Public Works discussed whether a variance from
street setback requirements would be advisable in order to minimize the
tree loss with the installation of the clear well for the new Water
Treatment Plant. No action was taken but a variance will be submitted
for consideration at the April 17, 1990, City Council meeting.
COMMUNITY DEVELOPMENT VEHICLE
Wachter moved, Gustafson seconded, a motion to authorize the
purchase of a pickup budgeted for the Community Development Department
through Hennepin County Purchasing for $11,029. Aye: 4 Nay: 0
RESOLUTION/BIETER LEGAL FEES
Pawlenty moved, Gustafson seconded, a motion to pass a resolution
authorizing the City Finance Director to forward all bills for attorney's
fees and/or costs in connection with the defense of the Bieter lawsuit
to the League of Minnesota Cities Insurance Trust for reimbursement.
Aye: 4 Nay: 0 R-90.21
CONFLICT OF INTEREST/BIETER LAWSUIT
No action was taken on the request of Cliff Greene, Attorney for
Popham, Haik, Schnobrich & Kaufman, the law firm representing the City
in the Bieter matter, to execute a conflict approval letter regarding Mr.
Ron Cornwell, a principal in the Bieter lawsuit, being represented by Mr.
Greene's law firm. In addition, Councilmember Pawlenty indicated he was
not comfortable with the arrangement and said considering the nature of
the allegations by the Bieter Company in their lawsuit, he did not
00127
PAGE 21/EAGAN CITY COUNCIL MINUTES
APRIL 3, 1990
believe that even the perception of a conflict was wise. Mayor Egan also
expressed his reservations and questioned why Mr. Cornwell would choose
the City's counsel to represent him particularly if a conflict may be
relevant.
SPECIAL CITY COUNCIL MEETING
Gustafson moved, Wachter seconded, a motion to authorize a special
City council meeting for April 26, 1990, at 5:30 p.m. Aye: 4 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist
dated April 3, 1990, in the amount of $383,562.71.
ADJOURNMENT
The meeting was adjourned at 1:45 a.m.
ITY OF
KF
E. 3?r'VanOverbeke, City Clerk
00128
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
APRIL 17, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
April 17, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Assistant City Engineer Mike Foertsch, and City Attorney James
Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Item N, Consent Agenda, should be corrected to read, "Ratification
of Findings of Fact, Minnesota Public Radio Resolutions."
Item B, New Business, Extension of Preliminary Plat, Kingswood 3rd
Addition, request to continue indefinitely.
Item I, New Business, Discussion of Drainage Problem/Country Home
Heights, be moved to Item B, Old Business.
Gustafson moved, Pawlenty seconded, a motion to approve the agenda
as amended. Aye: 5 Nay: 0
MINUTES
Wachter moved, McCrea seconded, a motion to approve the minutes for
the April 3, 1990, regular City Council meeting with the following
exceptions:
Councilmember Gustafson requested a correction on page 17, paragraph
3: Motion should be corrected to read, "McCrea moved, Gustafson
seconded, a motion to deny any further study for proposals by Tri-Land
Properties for purchasing land adjacent to Trapp Farm Park at the stated
lot price." The vote remains the same.
Councilmember Pawlenty and Mayor Egan requested that the Conflict
of Interest item on page 20 include their concerns. Add the following
language after the word, "regarding," "Mr. Ron Cornwell, a principal in
the Bieter lawsuit, being represented by Mr. Greene's law firm. In
addition, Councilmember Pawlenty indicated he was not comfortable with
the arrangement and said considering the nature of the allegations by the
Bieter Company in their lawsuit, he did not believe that even the
perception of a conflict was wise. Mayor Egan also expressed his
reservations and questioned why Mr. Cornwell would choose the City's
counsel to represent him particularly if a conflict may be relevant."
00129
Page 2/EAGAN CITY COUNCIL MINUTES
APRIL 17, 1990
Mayor Egan requested that the last item on page 19, Moritorium/R-4
Development Application, reflect the vote: Aye: 5 Nay: 0.
Councilmember McCrea requested that a clarification be added to the
second paragraph on page 20, after "a.m.," "for the specific reason that
decisions made after 1:00 a.m. are not in the best interests of City of
Eagan residents."
DEPARTMENT HEAD BUSINESS
FIRE DEPARTMENT
JOINT POWERS AGREEMENT
SOUTH METRO HAZARDOUS MATERIAL RESPONSE TEAM
The City Administrator briefly discussed the background on this item
and pointed out that the City Attorney had raised several questions
regarding the Agreement. However, the City Administrator said it may be
helpful to discuss the Agreement but continue approval to a later
meeting.
Chief Southorn explained that they had looked into forming a
Response Team because the area of hazardous materials is the least
understood but most feared by public safety. He said that while there
are some controls on businesses located within the City, it is unknown
what type of materials pass through our borders via rail or freight
terminals. Chief Southorn said few cities have a hazardous response team
because very extensive training is required and the initial expense for
equipment and recovery equipment is relatively high. He said very few
communities could handle a hazardous situation single-handedly.
Chief Southorn said that the Dakota County Chiefs Association had
looked at all options. He said there is a movement to have regional
response teams in the State, but that is no where near a reality. He
added that to form our own regional response team consisting of city
personnel operating as a separate entity would be the most economical way
to approach the issue.
Councilmember Gustafson raised a concern about the initial
contribution of each member city. He said there should be a minimum fee
for joining the organization and that this minimum should be more
equitable for all member cities.
Chief Southorn said he had similar concerns but the only common
denominator they could find was population. Councilmember Gustafson said
they could continue to use population as a basis; however, the minimum
charge should have a floor. City Administrator Hedges replied that
Burnsville had the same concern.
Mayor Egan asked if the $12,500 needed for Eagan's contribution
under the Joint Powers Agreement was budgeted. Chief Southorn said that
most was. Councilmember Pawlenty asked if the yearly price tag for the
team would remain constant. Chief Southorn said that costs the first two
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APRIL 17, 1990
00130
years, and possibly a third, would be high due to the initial formation
and training of personnel and the purchase of equipment. After that, he
was hopeful that costs would go down.
Councilmember McCrea moved, Gustafson seconded, a motion to
authorize the negotiation of a Joint Powers Agreement for the South Metro
Hazardous Material Response Team with a recommended $2,000 minimum
contribution from each member city and to continue consideration of the
Agreement indefinitely. Aye: 5 Nay: 0
CONSENT AGENDA
A. Personnel Items:
1. It was recommended that Timothy Troje be hired as a temporary
seasonal streets/equipment maintenance worker.
2. It was recommended that Stanley Brouillard, George Scott, Brian
Washek and Steven Wilke be hired as seasonal utility maintenance workers.
3. It was recommended that Kim Rinehart be hired as a seasonal park
attendant and LuAnn Johnson be hired as a seasonal weed inspector
assistant.
B. Modification of Smoking/No Smoking Policy.
It was recommended that the no smoking policy creating a smoke-free
environment for all City buildings be approved with provision made for
a location or locations where employees could smoke which are not
directly in the public eye.
C. Resolution to Proclaim Arbor Day and Arbor Month in the City of
Ea an.
It was recommended that April 28, 1990, be proclaimed as Arbor Day
and that the month of May 1990 be proclaimed as Arbor Month in the City
of Eagan.
R-90.22
D. Project 590. Receive Feasibility Report/Order Public Hearing
(South Pilot Knob Road - Streets & Utilities.
It was recommended that the feasibility report for Project 590
(South Pilot Knob Road - Streets & Utilities) be received and a public
hearing scheduled for May 17, 1990.
E. Project 591, Receive Feasibility Report/Order Public Hearing
(Tranby 1st Addition - Storm & Sanitary Sewer).
It was recommended that the feasibility report for Project 591
(Tranby 1st Addition - Storm & Sanitary Sewer) be received and a public
hearing scheduled for May 17, 1990.
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APRIL 17, 1990
F. Project 592, Receive Feasibility Report/Order Public Hearing
(Wilmus Addition - Trunk Storm Sewer).
It was recommended that the feasibility report for Project 592
(Wilmus Addition - Trunk Storm Sewer) be received and a public hearing
scheduled for May 17, 1990.
G. Project 87-NNN. Acknowledgement of Completion (Lexington Pointe
2nd Addition - Streets & Utilities).
It was recommended that completion of Project 87-NNN (Lexington
Pointe 2nd Addition - Streets & Utilities) be acknowledged and the
assumption of maintenance responsibility be authorized subject to
appropriate warranty provisions in accordance with the subdivision
development agreement.
H. Project 88-AA, Acknowledgement of Completion (Lexington Pointe
3rd Addition - Streets & Utilities).
It was recommended that completion of Project 88-AA (Lexington
Pointe 3rd Addition - Streets & Utilities) be acknowledged and the
assumption of maintenance responsibility be authorized subject to
appropriate warranty provisions in accordance with the subdivision
development agreement.
I. Project 88-R, Acknowledgement of Completion (Thomas Lake Woods -
Streets & Utilities).
It was recommended that completion of Project 88-R (Thomas Lake
Woods - Streets & Utilities) be acknowledged and the assumption of
maintenance responsibility be authorized subject to appropriate warranty
provisions in accordance with the subdivision development agreement.
J. Final Plat, Duckwood Square.
It was recommended that the Duckwood Square final plat and
resolutions authorizing conveyance of property prior to platting and
approving relocation of an existing easement tract be approved.
K. Final Plat. Frank's Nursery and Crafts Addition. R-90.23,24,&26
It was recommended that the Frank's Nursery and Crafts Addition
final plat and resolutions authorizing conveyance of property prior to
platting and approving relocation of an existing easement tract be
approved. resolution authorizing conveyance of property prior to platting
be approved.
R-90.23,25,&26
L. Declare Surplus Property/Authorize Sale at June 2 City Auction.
It was recommended that surplus property be declared and its sale
be authorized for public auction on June 2, 1990.
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APRIL 17, 1990
M. Appointments. MASAC Alternate Member Recommendations.
It was recommended that Larry Alderks and Jerry Woelfel be
appointed as Eagan alternate members to MASAC for one year terms.
N. Ratification of Findings of Fact. Minnesota Public Radio
Resolutions.
Councilmember McCrea questioned whether the resolutions outlining
the basis for denying Minnesota Public Radio's conditional use permit and
variances could be considered subjective or whether they held any legal
basis. The City Attorney pointed out that the findings of fact were
enumerated responses as to why the applications were denied. He also
added that findings of fact in regard to variances allow more latitude
than those that relate to questions of zoning. If tested in court, the
City Attorney said that the Court would determine whether it would have
made the same decision given the same information.
Wachter moved, Gustafson seconded, a motion to approve the Consent
Agenda except as noted. Aye: 5 Nay: 0 (Exception taken to Item N.
by Pawlenty & McCrea).
PUBLIC HEARINGS
There were no public hearings.
OLD BUSINESS
RESOLUTION FOR DEVELOPMENT PROGRAM AND TAX INCREMENT
PLAN FOR DEVELOPMENT DISTRICT NO. 3/TRI-LAND PROPERTIES
RESOLUTION FOR DEVELOPMENT AGREEMENT
FOR DEVELOPMENT DISTRICT NO. 3
The Mayor introduced the item and the City Administrator explained
the background. The City Administrator said that the proposal is
specifically for tax increment financing. He said it is not an issue of
whether or not to build an ice arena but whether tax increment financing
should be used. He went on to say that at the March 20, 1990, City
Council meeting, the public testimony portion of the public hearing was
closed and the City Council continued further consideration of the tax
increment financing proposal to the April 17, 1990, City Council meeting.
The Council also gave instructions to finalize the development agreement
and this has been done.
The City Administrator then said that the Mayor, City Councilmember
McCrea, Director of Parks & Recreation Vraa and he had met with John
Traver, Executive Director of the YMCA and Mr. Darryl Silverness, also
of the YMCA. He said that one of the questions that had been put to Mr.
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APRIL 17, 1990
Traver was if the Y built a facility, would an ice arena be attached.
As Traver explained in a letter dated April 10 to City Administrator
Hedges, a major financial parameter would be to have an ice arena built
that was debt-free, i.e., there would be no repayment made from operating
revenues. The City Administrator said the Y is looking at a proposal
where the YMCA would build a basic YMCA building and the City of Eagan
would provide the land and an ice arena. While the YMCA is not part of
the proposal before the Council, the City Administrator felt it necessary
to at least report the findings of their meetings with the Y.
The Mayor then asked whether or not information had been received
from the developer as it relates to the development agreement. The City
Administrator replied that they had not.
At this time, the Mayor introduced Rollie Crawford, counsel for the
developer. Mr. Crawford gave brief introductory comments and then
introduced Brad Swenson of Tri-Land Properties, the developer of the
project. Mr. Swenson encouraged the City Council to look at the Y
proposal as it was a sound concept. He then asked that Tri-Land's
proposal be tabled. He said if the YMCA complex did not occur, then
perhaps Tri-Land would rethink their proposal. Mr. Swenson pointed out
that currently, all recreational facilities in Eagan have had
construction and maintenance costs attached to them. He said the YMCA
proposal to operate the ice arena would mean high construction costs but
no maintenance costs. He added that this would be very cost effective.
Mr. Crawford then returned to the podium and said that an indefinite
tabling of the tax increment financing proposal was realistic and
sensible. Mr. Crawford also pointed out that this had started as a
public/private partnership and costs to date to the developer have
exceeded $140,000. He said much of the costs had been in architectural,
engineering and legal consultation, economic and feasibility studies, and
surveying. He said the developer had also advanced a deposit of $12,000
to the City to help cover the City's costs. In light of the fact that
the City had chosen a different direction, Mr. Crawford said the City
should refund these costs to Tri-Land. He also pointed out that the
plans they had developed would be valuable to whomever would build an ice
arena. The developer would like to convey to the City or any other user,
any of the plans that had been developed at a substantially reduced rate.
He said this would mean a significant savings to the City and would help
the developer recover some of his out-of-pocket expenses. Mr. Crawford
said the developer would be happy to work with staff.
The Mayor questioned the value of these plans and products and asked
the City Administrator if all monies that had been advanced by the
developer toward the City's expenses had been expended. The City
Admininstrator said that all the $12,000 had been used and that final
costs would be sent to the developer.
Councilmember Gustafson then commented that everyone had worked long
and hard on an issue that was both controversial and complex. In the
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APRIL 17, 1990
Councilmember's opinion, everyone had been up front and above board in
trying to achieve an ice arena.
Councilmember McCrea then commended the developer for an honest, up
front effort. She also reminded the audience that the developer had the
right to build a strip center. The issue, she said, was one of tax
increment financing. The Councilmember encouraged everyone to work
together and provide accurate information.
Mayor Egan said they had met with members of the Eagan Athletic
Association. He said this issue had proven that Eagan was capable of
forming coalitions. He said it was easy to organize for negative
purposes and suggested that the same people be organized for positive
purposes. He said the City should form a community action committee to
look further into the feasibility of an ice arena.
Councilmember Wachter said the developer should pay the costs
incurred by the City in relation to this proposal. He did not believe
it was fair to sell plans to the next "developer" and hold them to a
specific facility. He went on to say that he had received 137 phone
calls, 132 of which had been negative as to the TIF proposal. He
suggested that the Council vote either yes or no and expressed concerns
that if the proposal were tabled, that the center could come up for a
vote in the future.
The Mayor said that the Eagan Athletic Association wants a decision.
They are interested in looking at an ice arena with or without the Y.
He said to table the issue may hamper their future plans.
Councilmember Pawlenty asked if the Council did nothing, whether it
would be the same as a denial. The City Attorney said that action must
be taken within a specified time after the closing of a public hearing
on a tax increment financing issue, or it is considered denied.
Councilmember Pawlenty went on to say that the Y was the preferred
option and should be explored. He then asked, however, where the $1-$3
million would come from to build the facility and who would be
responsible for operating costs. He asked if the YMCA would be willing
to agree to operate and maintain the ice arena.
Wachter moved, Egan seconded, a motion to deny the resolution for
the development program and tax increment financing plan for Development
District #3, Tri-Land Properties ice arena project and the resolution
regarding the development agreement for Development District #3.
Aye: 5 Nay: 0
In response to questions about a Y proposal, Mr. John Traver made
a few brief remarks. Mr. Traver reported that the Y had been interested
in a facility in the area for some time and that the YMCA was willing to
consider an ice arena and YMCA complex such as that presently operating
in the Eden Prairie area.
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APRIL 17, 1990
The Mayor said there were strong feelings from the community and the
desire to resolve the ice arena issue.
Egan moved, Pawlenty seconded, a motion to direct staff, through the
City Administrator and the Director of Parks & Recreation, to form a
Community Action Committee made up of as many constituencies as possible
to develop a policy for an ice arena included with a YMCA or separately,
with the policy to include a financial mechanism, site selection process
and total use package.
Councilmember McCrea expressed concerns regarding the committee.
She said that the YMCA already had a committee working on the issue and
perhaps they should be working with the committee. The Mayor said that
the committee could look at site selections with the YMCA. He said they
could also look at the financial mechanisms, i.e., fundraising, and then
bring the information back to the City Council. He said any study would
be with the assistance of staff.
The City Administrator said it may be appropriate for staff to
define the objectives and role of the committee in conjunction with the
YMCA committee. He said the Community Action Committee could look at
financial options, master planning, identification of issues, and then
bring the suggestions of the committee and the YMCA back to the City
Council.
Councilmember Gustafson said he was in favor of a community action
committee and allowed that it would be advisory to the City Council.
Councilmember Pawlenty suggested that the Council develop a working
document which would include a framework outline and checklist for the
committee to use. He suggested this could be done at a workshop session.
Councilmember McCrea said that if one of the responsibilites of the
committee was to look at whether or not to have an ice arena, she would
not agree. She said that Eagan needs an ice arena. The Mayor said he
had no problem with that issue; however, he wouldn't want to suggest that
just because a committee was formed, that an ice arena proposal would
succeed.
Aye: 5 Nay: 0
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APRIL 17, 1990
DRAINAGE PROBLEM/COUNTRY ROME HEIGHTS
Consideration of this item was continued to later on the agenda to
allow for the arrival of Mr. Joe Christensen, who is representing
homeowners in the Country Home Heights Addition.
NEW BUSINESS
RESIGNATION/APPOINTMENT
SOLID WASTE ABATEMENT COMMISSION
Pawlenty moved, Wachter seconded, a motion to: 1) accept the
resignation of Brenda Marshall from the Solid Waste Abatement Commission,
2) appoint Alternate Terry Schnell to the regular commission position,
3) develop a library of names from those who have indicated past interest
in this commission, and 4) establish terms for commission members as part
of the Council's organizational business in January 1991. Aye: 5
Nay: 0
EXTENSION OF PRELIMINARY PLAT
KINGSWOOD 3RD ADDITION
Gustafson moved, Wachter seconded, a motion to continue indefinitely
a request for an extension for preliminary plat, Kingswood 3rd Addition.
Aye: 5 Nay: 0
WAIVER OF PLAT
FIRST SERVICE OF HASTINGS
Gustafson moved, Pawlenty seconded, a motion to approve a waiver of
plat for First Service of Hastings to permit a duplex lot split for Lot
2, Block 2, of Oakwood Heights 2nd Addition, subject to all applicable
Code requirements, a common wall maintenance and repair agreement, and
a requirement that when the buildings are repainted that they remain one
color. Aye: 5 Nay: 0 R-90.27
WAIVER OF PLAT
HELEN A. CLAPP
Wachter moved, Pawlenty seconded, a motion to approve a waiver of
plat for Helen A. Clapp to permit a duplex lot split for Lot 13, Block
1, of Oakwood Heights 2nd Addition, subject to all applicable Code
requirements, a common wall maintenance and repair agreement, and a
requirement that when the buildings are repainted that they remain one
color. Aye: 5 Nay: 0 R-90.28
With the arrival of Mr. Christensen, the City Council then addressed
Item B. of Old Business
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Page 10/EAGAN CITY COUNCIL MINUTES
APRIL 17, 1990
OLD BUSINESS (continued)
DRAINAGE PROBLEM
COUNTRY HOME HEIGHTS ADDITION
The City Administrator reported that the City had received letters
from residents in the Country Home Heights Addition regarding continued
drainage and erosion control problems. The City Administrator said that
the problems were related to the lack of measures that normally control
storm water, such as, storm sewer and curb and gutter,
Mr. Joe Christensen, a resident in Country Home Heights, then gave
background information on the issue. Mr. Christensen said that the
problem has been chronic and occurring on a regular basis since he has
been in the neighborhood for the past 10-11 years. He said there is a
low area which floods in the spring before the frost leaves the ground.
He reported that when the ground thaws, the drainage is improved. He
said that rainwater ponds in the park and on his property. He said at
times the water is as deep as 3'-4'. Besides the safety factor, Mr.
Christensen said it destroys his lawn each year. He then went on to say
that there had been talk in the neighborhood of upgrading streets with
gutter; however, there were a lot of views on the subject but little
agreement. He personally leaned toward the improvements but the main
problem is the drainage problem.
Mr. Christensen said they had petitioned to have it fixed eight
years ago with two storm sewer proposals. He said at that time, the
Council split and neither proposal passed. Mr. Christensen said he would
provide an easement to the City without cost to allow the storm sewer to
cross his property. His only condition would be that the City repair his
driveway once it is traversed by the storm sewer.
Councilmember Wacheter asked if there was flooding this year due to
the large amount of rain we received before the frost was out of the
ground. Mr. Christensen said the flooding occurs every year and while
conditions may change, it is basically the same every year. He said that
rain can cause temporary problems throughout the season; however, the
worst is in the spring.
Councilmember Wachter asked what the master plan proposed for this
area. Assistant City Engineer Foertsch said it is normal procedure to
wait for a petition from the residents and while the Capital Improvements
Program (master plan) is in the works, it is not yet operational.
McCrea moved, Pawlenty seconded, a motion to direct staff to prepare
a feasibility report for storm sewer only for the Country Home Heights
Addition and with the receipt of the feasibility report, set a public
hearing for its consideration. Aye: 5 Nay: 0
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APRIL 17, 1990
NEW BUSINESS (continued)
VARIANCES/JOSEPH CONNOLLY ADDITION
Gustafson moved, Wachter seconded, a motion to approve setback
variances for the Joseph Connolly Addition. Aye: 5 Nay: 0
OUTSIDE WATER USE CONSERVATION PROGRAM
The City Administrator discussed the background on this item. He
said that for the past three years, the City had implemented a seasonal
outside water use restriction from June 1 to September 1. He reported
that in evaluating the effects of the 1989 preplanned water use
restriction, the City was able to maintain adequate water supply and
reserves for the entire community during the construction season and
another summer of extended dought. However, the City Administrator
wanted to point out that this was not being proposed due to shortcomings
of the water distribution system but solely as a conservation measure.
Mr. Bill Duggin then addressed the Council and questioned whether
the June 1 to September 1 restriction should be a permanent, year round
conservation move. Mr. Duggin cited the fact there had already been
grass fires this spring and no one could predict what else lies ahead.
He stressed the importance of conservation and felt it was a statement
the City should make.
Wachter moved, Gustafson seconded, a motion to approve the
implementation of an outside water use conservation program for lawn
sprinkling on a permanent, year round basis, effective June 1, 1990, with
annual, spring notification to residents reminding them of the program.
Aye: 5 Nay: 0
TRANSPORTATION CORRIDOR STUDY
YANKEE DOODLE ROAD
The Director of Community Development said the Metropolitan council
had recommended that the City conduct a comprehensive transportation
corridor study of Yankee Doodle Road between Lexington Avenue and Pilot
Knob Road. He said the Met Council is recommending that this study take
place because of the O'Neil Planned Development and other developments
which will use Yankee Doodle Road such as West Publishing and Eagan
Corporate Center. The Director of Community Development estimated the
cost of the study to be $15-$20,000, with $28,000 budgeted for this
purpose.
After discussion, Pawlenty moved, McCrea seconded, a motion to
approve the authorization to conduct a Comprehensive Transportation
Corridor Study at Yankee Doodle Road between Lexington Avenue and Pilot
Knob Road including an analysis of the impact of development in the area
on I-35E interchanges and appropriate mitigative measures. Aye: 5
Nay: 0
Page 12/EAGAN CITY COUNCIL MINUTES 00139
APRIL 17, 1990
PRELIMINARY PLAT/UNISYS PARK 2ND ADDITION
The Director of Community Development reported that the Unisys
Campus was originally platted in 1983 as the Sperry Park Addition
containing two lots: one allowing multiple buildings on a single lot and
the other, the City's water tower. He said in 1988, the site was
replatted into four lots: one for each of the three buildings on the
site and one for the water tower. He said this was done to provide the
potential for individual ownership of each lot if they were ever sold.
He went on to say that this proposal will split the existing Lot 4 into
two lots. Lot 1 will contain the existing CSD facility and Lot 2 will
be platted as a buildable lot. The Director of Community Development
said as with the 1988 replat, there will be no construction as a direct
result of this platting process.
Mr. Dick Peterson of Unisys was available for questions.
Gustafson moved, Wachter seconded, a motion to approve a preliminary
plat entitled, Unisys Park 2nd Addition, subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council
action on September 15, 1987, shall be complied with: Al, B1, B2, B3,
B4, and G1.
2. The development will be required to provide assurance to the
City of Eagan, either by appropriate easements on the plat or by
executing the appropriate agreement, that future well site needs on the
Unisys property will be provided for in accordance with the City's
Comprehensive Water Supply and Distribution Plan.
3. The development will be required to provide assurance, either
by the appropriate easement on the plat or by executing the appropriate
agreement, of provisions for storm sewer requirements as identified in
the City's Comprehensive Storm Drainage Plan.
4. The development shall provide appropriate easements for vehicle
access between the lots in the Unisys campus.
Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
LEXINGTON/DIFFLEY BITE
1990 LAND RENTAL AGREEMENT
As background, the city owns approximately 34 acres at Lexington and
Diffley which have been rented in the past for growing and harvesting
agricultural crops. Councilmember Wachter asked if the rent being paid
this year was the same as last. The City Administrator replied that it
was.
Page 13/EAGAN CITY COUNCIL MINUTES 00140
APRIL 17, 1990
Councilmember McCrea questioned whether or not the City should
advertise to rent this property. After determining that there was
sufficient time to advertise the rental of the property, City staff was
directed to proceed with a request for proposal and place a notice in the
newspaper. Councilmember Wachter recommended that the proposals be ready
for consideration at the next Council meeting on May 1.
Wachter moved, McCrea seconded, a motion to advertise land rental
for agricultural uses for the Lexington/Diffley site with the proposals
to be presented at the May 1 City Council meeting. Aye: 5 Nay: 0
EXEMPTION FROM LAWFUL GAMBLING LICENSE
TRANSPORTATION CLUB OF ST PAUL & MINNEAPOLIS
The City Administrator said that the Transporation Club of St. Paul
and Minneapolis, represented by Mr. Dennis Ellingson, was requesting an
application for Exemption from Lawful Gambling License. He said this
would be the final drawing in a program previously approved by the City
Council on December 5, 1989. The Club is also requesting a waiver from
the State Gambling Control Board of the 60-day waiting period.
Gustafson moved, Pawlenty seconded, a motion to approve an
application for the Transportation Club of St. Paul and Minneapolis for
exemption from lawful gambling license and a waiver from the State
Gambling Control Board of the 60-day waiting period. Aye: 5 Nay: 0
RESIGNATION/SANDRA WENSMANN
ADVISORY PARKS & RECREATION COMMISSION
The City Administrator then said the City had received a letter from
Sandra Wensmann who is resigning from the Advisory Parks & Recreation
Commission.
Pawlenty moved, Wachter seconded, a motion to accept the resignation
of Sandra Wensmann and to pursue replacement through the lists of those
who have expressed interest in the past. Aye: 5 Nay 0
CHECKLIST
Wachter moved, Egan seconded a motion to approve the checklist dated
March 31, 1990, in the amount of $2,084,055.69 and the checklist dated
April 17, 1990, in the amount of $561,963.72. Aye: 5 Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney/client privileged information at 9:45 p.m.
Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea,
Pawlenty and Wachter, City Administrator Hedges and City Attorney
Sheldon. The executive session was adjourned at 10:45 p.m.
KF
CITY OF EAG
E. aanOverbeke, City Clerk
00141
MINUTES OF A SPECIAL MEETING
EAGAN CITY COUNCIL
Eagan, Minnesota
April 24, 1990
A special meeting of the Eagan City Council was held on Tuesday,
April 24, 1990 at 6:30 p.m. at John Metcalf Junior High School. Present were
Mayor Egan and City Councilmembers Gustafson and Wachter. Absent were City
Councilmembers McCrea and Pawlenty. Also present was City Administrator Hedges.
The purpose of the meeting was to convene the annual Board of Equalization on
behalf of Dakota County.
BOARD OF EQUALIZATION MEETING
Mayor Egan called the annual meeting of the Board of Equalization
to order and asked a representative of the Dakota County assessor's office to
make a presentation to the audience of approximately 100 Eagan residents.
Mr. Bill Peterson, representing the Dakota County assessor's office,
provided instructional comments relative to how residents in attendance can
review their tax statements, specifically market value adjustments, and further
handle general questions pertaining to property tax valuations. After responding
to several questions from the citizens in attendance, the general meeting of the
Board of Equalization was adjourned. Mayor Egan and City Councilmembers
Gustafson and Wachter signed the Dakota County property tax assessment record
for all Eagan properties. Present were approximately fifteen (15) property
appraisers from Dakota County who met with various property owners on a one to
one basis located around the gymnasium in John Metcalf school.
ADJOURNMENT
The annual Board of Equalization meeting was formally adjourned at
approximately 10:00 p.m.
TLH
April 74, 1990
Date Fi a erector/ ity Clerk
MINUTES OF A SPECIAL MEETING 00142
EAGAN CITY COUNCIL
Eagan, Minnesota
April 26, 1990
A special meeting of the Eagan City Council was held on Thursday, April 26, 1990 at
5:30 p.m., at the Eagan City Hall. Present were Mayor Egan and City Councilmembers Gustafson,
Pawlenty and Wachter. Absent was City Councilmember McCrea. Also present were Director of
Finance VanOverbeke, Administrative Assistant/Deputy Clerk Witt, Chief of Police Geagan, Fire Chief
Southom, Director of Parks and Recreation Vraa, Park Planner Sullivan and City Administrator Hedges.
SENECA DEWATERING PERMIT
City Administrator Hedges stated that Judge Reha, administrative law judge, suggested
that the MWCC, DNR, MPCA, Metropolitan Council and City Council come to agreement for sharing the
costs of the Seneca Waste Water facility mediation. He stated that the total cost for the mediation
service is estimated at $15,000 or $3,000 per jurisdiction. The City Administrator further commented
that a contested case, an alternative to mediation, would have cost the City many thousands of dollars
more than this procedure recommending that the City participate with the other four agencies in the
process. After a brief discussion and in a motion by City Councilmember Wachter, seconded by City
Councilmember Gustafson, a motion was made to approve a cost sharing in the Seneca Waste Water
Facility mediation with the MPCA, DNR, MWCC and Met Council. Aye: 4, Nay: 0
T.S.P. ADJUSTMENT/DRUG TASK FORCE CLERICAL
City Administrator Hedges stated that the Time Spent Profiles for a clerical position
funded by the Drug Task Force was reviewed and the results indicate an increase in the TSP ranking
is in order. After a brief discussion, a motion was introduced by City Councilmember Gustafson,
seconded by City Councilmember Wachter that the T.S.P. be increased for the Drug Task Force clerical
position from 54 points to 62 points and the title changed from Clerical Technician to Secretary,
retroactive to January 1, 1990. Aye: 4, Nay: 0
LIQUOR LICENSES POLICY
Mayor Egan introduced the liquor license policy review stating that the off-sale, on-sale
and fees for all liquor licenses were studied by City staff for presentation and consideration by the City
Council. Director of Finance/City Clerk VanOverbeke stated that along with Police Chief Geagan, City
Attorney Sheldon and Administrative Assistant Witt the liquor license policies were studied in detail and
proceeded to first present issues regarding the off-sale regulations.
He suggested that control of off-sale liquor licenses could be accomplished through
zoning changes or through a number limit tied to either households or population. There was
considerable discussion regarding the potential problems for existing stores if they became
nonconforming uses after an ordinance change restricting the issuance of off-sale licenses to specific
zoning classifications. Finance Director/City Clerk VanOverbeke explained that households or population
would both yield eight licenses based on April 1, 1989, Metropolitan Council estimates at one per 2,000
households or 1 per 5,000 population. The City would however be somewhat closer to the ninth
available license if the basis became population. Another issue discussed was the process of when
new licenses would be issued and whether or not any licenses becoming available from existing
businesses would or would not be subject to the same process for approval. Staff was directed to
provide additional research on Implications if zoning restrictions are adopted.
After a lengthy discussion, a motion was introduced by City Councilmember Wachter
and seconded by City Councilmember Pawlenty to direct the City Attorney to draft ann ordinance
amendment incorporating the following:
00143
1. No more than one (1) off-sale license may be issued for each 5,000 population as determined
by the Metropolitan Council as of April 1 each year.
2. Issuance of licenses available through increased population and licenses available when off-
sale stores are closed or go out of business are subject to the following general outline:
a. Applications are accepted through August 31.
b. The Police Department reviews applicants from September 1 through November 30.
c. City Council considers applications during December.
d. New licenses are effective January 1.
3. There is no limit to the number of new licenses which could be issued in one year except as
noted in number 1 above.
4. Licenses which are applied for when an existing off-sale store is sold are not subject to the
process outlined in number 2 above and will be considered independently as appropriate.
5. Any license issued in number 2 above and not activated by August 31 of the year of issuance
will be considered available to new applicants.
6. The City Council review of applications will include but not be limited to the following:
a. Financial structure
b. Overall operation
c. Proposed location
d. Traffic implications
e. Ownership restrictions
f. Previous experience of applicant
g. Residency
7. Each applicant shall display to the City's satisfaction that it has at least an option on a specific
site for the location of the off-sale store. Aye: 3, Nay: Gustafson
Director of Finance VanOverbeke continued discussion of the liquor policy by outlining
recommended changes for regulations that relate to the issuance of on-sale liquor licenses. He
presented information relating to the on-sale licenses, including a review of building valuations for the
thirteen existing license holders. Director of Finance VanOverbeke also reviewed that there were
currently licenses available as follows: three (3) for hotels/motels, one (1) for restaurants with at least
$350,000 building valuation (exclusive of leasehold improvements, equipment or common areas, and
one (1) for other restaurants. Discussion did not cover which category existing licenses would be
placed in if they became available nor did it cover how new licenses available because of population
increases would be classified. City Councilmember Gustafson spoke to the food/beverage sales
balance as a best measure to control all on-sale establishments at a quality level. It was also
suggested that the balance of food and liquor be changed to a 50-50 split and further that a financial
statement be required annually. After further review of the proposed on-sale liquor license policy, a
motion was made by City Councilmember Wachter, seconded by City Councilmember Pawlenty, to draft
an ordinance amendment incorporating the following:
1. References to hotels/motels be changed to hotels only.
2. The minimum seating capacity in the definition of a restaurant be changed from 30 to 50.
3. The food to beverage ratio be changed from 60% - 40% to 50% - 50%.
4. The current balance of available licenses be reflected in the ordinance.
Aye: 4
City Administrator Hedges stated that liquor license fees were studied and should be
presented at a public hearing. Following a brief review, Mayor Egan directed the City Attorney to review 00144
the appropriate process and the scheduling of a public hearing at a regular City Council meeting to
consider the proposed changes in license fees.
FIRE DEPARTMENT UPDATE
Fire Chief Southom and Firefighter Bill Lindblade appeared and presented an update
on Fire Department operations starting with a historical perspective, profile of a firefighter, commitment
by the Fire Department personnel toward operations and training requirements for each firefighter.
Chief Southom further explained goals and objectives for the Fire Department including
the recognition and designation of a chaplain, implementation of the Fire Explorer program and
establishing a capital building program for the relocation of Fire Station #2 and construction of Fire
Station #6. Chief Southom informed the City Council that Fire Station #2 is somewhat isolated in the
industrial park and due to recent road improvements, including 1-35E, the response time has decreased
for firefighters responding to that station. He provided drawings to illustrate reasons for relocating Fire
Station #2 and the need for Fire Station #6 which should fulfill the number of fire stations that will be
required in the community. The City Councilmembers asked a number of questions regarding fire
operations and more specifically the projected capital needs for relocating Fire Station #2 and the
construction of Fire Station #6 and concluded the discussion by thanking Chief Southom and Bill
Undblade for the excellent presentation.
BLACKHAWK PARK
Director of Parks and Recreation Vraa presented a history of Blackhawk Park that
included a chronology of land acquisition and on-site development. He stated that Blackhawk Park is
considered a community park in the park's master plan and is scheduled for combined active/passive
development in 1990. Director of Parks and Recreation Vraa also added that the Eagan Lions Club is
a willing financial participant in the construction of the shelter building estimating that $80,000 to
$100,000 has been pledged by the Lions Club for the facility. Administrator Hedges indicated the Lions
Club wish to use the park for July 4th activities and the building for boy scout overnights. Concern
was expressed for this site for this type of activity. Director of Parks and Recreation Vraa introduced
Pat Joistad who presented a number of opportunities for the development of the park. Park Planner
Sullivan also presented options for the development of the park that included both passive and active,
stating that the park would essentially remain in its present form but would include a road access and
shelter facility that provides use by the community. Vraa presented a framework for processing park
development plans for Blackhawk Park, providing for community input. Councilmember Gustafson and
Pawlenty suggested that the Advisory Parks and Recreation Commission establish use goals for the
park first before having the public meeting.
OTHER BUSINESS
There were no items of Other Business.
ADJOURNMENT
The meeting was adjourned at approximately 9:20 p.m.
April 26, 1990
Dated
TLH
00145
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 1, 1990
A regular meeting of the Eagan City Council was held on Tuesday, May 1, 1990, at the Eagan Municipal
Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale Runkle, Director of Public Works Tom
Colbert, and City Attorney James Sheldon.
McCrea moved, Wachter seconded, a motion to approve the agenda for the May 1, 1990, regular City Council
meeting. Aye: 5 Nay: 0
"M
.......................
......................
Wachter moved, Gustafson seconded, a motion to approve the minutes for the April 17, 1990, regular City
Council meeting with the following exception:
Director of Public Works Colbert requested a correction to page 11, paragraph 4: the motion should be
corrected to include, after the word, 'program,' for lawn sprinkling.' The Councilmembers were in agreement with
the clarification.
After brief discussion, the motion on Page 8 regarding the formation of a Community Action Committee, was
allowed to stand as written.
Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes for the April 24, 1990, special City
Council meeting. Aye: 5 Nay: 0
There were no Department Head Business items; however, the City Administrator gave a brief update on the
Omnibus Tax Bill that is before the Legislature. He said that the Pay 1990 aid cut to Eagan is equal to 1.53% of
the City's Pay 1990 revenue base, or $148,793. Many cities will receive these cuts through their Local Government
Aid; however, because Eagan has already lost all LGA, the 1.53% will come out of Homestead and Agricultural Credit
Aid (HACA) payments. The City Administrator said that because the cuts come in the middle of the budget year,
the City will have to decide how it will do without this revenue. He added that the aid cuts will have an impact
beyond 1990. He said that cities subject to levy limits cannot increase their levies in Pay 1991 to make up for the
1.53% aid cuts. The tax bill reduces (by the dollar amount of the aid cut) the Pay 1991 levy limit bases thereby
forcing the City to begin 1991 with less.
Liz Witt, Administrative Assistant in the Finance Department as well as the Chair of the League of Minnesota
Cities Resource Committee, said she is part of a Task Force formed by the LMC. The Legislature is looking at
reserve funds and the Task Force will study alternatives.
The City Administrator then suggested that a budget reduction strategy be developed at a workshop session
with amendment to the 1990 budget at the first meeting in June. He also welcomed the Council's suggestions as
to what Staff should look at.
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Page 2/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
The Mayor said he had briefly discussed the issue with Vem Peterson of the Association of Metropolitan
Municipalities while attending a Nominating Committee meeting last week and this Legislature is very negative toward
municipalities. He added that the cuts will require adjustments to the budget in 1990 and belt tightening in 1991.
Councilmember Gustafson said it may sound like 'sour grapes,' but the City adopted a balanced budget, the
Legislature came up short and then took the money from the City-money the City had budgeted. He said citizens
should take a look at their Legislature.
The City Administrator said he appreciated the comments. He said that Staff is preparing a fact sheet to
outline the situation for employees and constituents. He said the fact sheet would go out to all residents.
Councilmember Pawlenty questioned whether the lobbyist hired by the League had been effective. City
Administrator Hedges said lobbyists don't always accomplish their goals in the first year but build for the future.
He said one of the issues being strongly supported by our lobbyist is the flat tax. He said it was important to insure
equitability in taxes as in 2-3 years, it is likely 100% of the City's financing will come from property taxes.
Councilmember Pawlenty said that nothing will change until redistricting takes place. He said that the flat tax
rate is a good idea but won't take place for 3-4 years. He added that next year, when the State again faces fiscal
problems, all property taxes, as compared to this year, will sky rocket because state property tax relief will be
reduced.
CONSENT AGENDA
A. Personnel Items
1. It was recommended that Patricia Gutzmann and Mike Pike be hired as temporary Civil Engineering Interns
for the City of Eagan.
2. It was recommended that Jill Gruenke be hired as a Seasonal Summer Recreation Program Assistant.
3. It was recommended that the following be hired as seasonal park workers:
Seasonal Parks Maintenance
Roy Newland
Christopher Darwitz
David Smith
Michael Marxer
Mike Finnegan
Tyrone Johnson
Joel Kivi
Ballfield Attendants
Richard Marhula
Timothy Gill
Dean Downs
Councilmember McCrea questioned why there were no females on the above list of seasonal park workers
and, further, made reference to the City's recruitment of females and minorities. The City Administrator stated that
the City has been very proactive in such recruiting and would provide a report of those efforts.
B. Plumbers Licenses
It was recommended that the following five (5) plumbers licenses be approved: 1) Bruce Plumbing, 2)
Domestic Mechanical, 3) Northbridge Plumbing, 4) Palma Plumbing, and 5) Plumber Ted.
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Page 3/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
It was also recommended that two (2) water softner licenses to be issued to Bruce Plumbing and Metro South
Water Conditioning.
C. Final Plat, Lexington Pointe 6th Addition
It was recommended that the final plat for Lexington Pointe 6th Addition be approved as presented.
R-90.29
D. Contract 90-06, Receive Bids/Award Contract (Cray, Coventry Pass 2nd & Effress Additions-Storm Sewer)
It was recommended the bids for Contract 90-06 (Cray, Coventry Pass 2nd & Effress Additions-Storm Sewer),
be approved and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized
to execute all related documents.
E. Contract 89-13, Approve Plans/Authorize Ad for Bids (Cliff Road Water Treatment Plant)
It was recommended the plans for Contract 89-13 (Cliff Road Water Treatment Facility) be approved and
advertisement for a bid opening authorized to be held at 10:00 am., Wednesday, June 13, 1990.
F. Project 589, Receive Feasibility Report/Order Public Hearing (Elrene & Kost Road-Utilities and Streets)
It was recommended the feasibility report for Project 589 (Elrene and Kost Road-Utilities and Streets) be
received and a public hearing scheduled to be held on June 5, 1990.
G. Vehicle #145, Receive Bids/Authorize Purchase (Public Works Front End Loader)
It was recommended the bids for Vehicle #145 (Public Works Front End Loader) be received and the
purchase from the lowest responsible bidder be authorized.
H. Contract 90-04, Approve Plans/Authorize Ad for Bids (Rahn Road Reconstruction -Streets and Utilities)
It was recommended the plans for Contract 90-04 (Rahn Road Reconstruction-Streets and Utilities) be
approved and the advertisement for bid opening be authorized to be held at 10:30 am., June 1, 1990.
1. Contract 88-K, Final Acceptance (Manor Lake - Streets and Utilities)
It was recommended the completion of Contract 88-K (Manor Lake-Streets & Utilities) be acknowledged and
perpetual maintenance authorized by the City.
J. Contract 89-16, Approve Change Order #1 (Stems Addition - Streets & Utilities)
It was recommended that Change Order #1 to Contract 89-16 (Stems Addition, etal - Streets & Utilities) be
approved and the Mayor and City Clerk authorized to execute all related documents.
Councilmember Wachter objected to the change order and said the developer should bear the burden of the
additional costs and not the contractor. The Director of Public Works stated that the costs associated with the
change order will be properly prorated and charged back to the respective developments and added to their final
assessment obligations.
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Page 4/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
K Agreement Between the County of Dakota, The City of Eagan. and Dakota Electric Association for Cost
Sharing of Aerial Photography and Stereo Digitizing
It was recommended that the agreement be approved between Dakota County, the City of Eagan and Dakota
Electric Association for Cost Sharing of Aerial Photography and Stereo Digitizing and to authorize staff to propose
to Dakota Electric Association that a portion of future power rebates to the City of Eagan be used to finance Eagan's
share of costs for Section 10 - 18.
Gustafson moved, Pawlenty seconded, a motion to approve the Consent Agenda Aye: 5 Nay: 0
(Exception taken to Item J by Wachter).
CROSSROADS OF EAGAN/RESOLUTION TO ISSUE
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
The City Administrator introduced the item saying that the public hearing was technical in nature. He said
that Crossroads Partnership had requested that the first series of housing development revenue notes be paid off
on the Crossroad of Eagan project and that the bonds be reissued. He also stated that a financing agreement
was being proposed allowing the City to loan the proceeds of the bonds to the company in order to redeem in
advance of maturity the prior note at a redemption price equal to the outstanding principal balance plus accrued
interest to the date of redemption. He said the procedure was not new but was one that the City had used before.
All payments under the FHA-insured mortgage loan will be made by the Partnership.
Councilmember Wachter asked what the old rate was and what the new interest rate will be. Mr. Dan
Gustafson of Crossroads Partnership said the old rate was 11% and the new FHA will be a combined rate of
approximately 8%.
Councilmember Pawlenty asked specifically what upgrades would be made to the property. City Planner Jim
Sturm said that they would be similar to the Forest Ridge project with installation of an irrigation system and
additional landscaping to be worked out with staff.
Wachter moved, Gustafson seconded, a motion to approve a resolution authorizing the issuance of multifamily
revenue refunding bonds relating to an existing multifamily housing development (Crossroads of Eagan) series 1990A
and taxable multifamily housing revenue refunding bonds for the Crossroads of Eagan project FHA insured mortgage
loan Series 19908 and that this approval in addition to all other conditions be subject to the following:
1. 1 /8 of 1 % City administration fees to offset any and all City administration costs for the life of the bonds.
2. Upgrade of the property with certain improvements to include landscaping, irrigation and general building
inspection requirements.
Aye: 5 Nay: 0
PROJECT 542/FINAL ASSESSMENT HEARING
ALDEN PONDSSTREETS & Ui1LmES
R-90.30
After noting no formal objection, either written or in person, Gustafson moved, McCrea seconded, a motion
to close the public hearing and approve the final assessment roll for Project 542, Alden Ponds - Streets and Utilities,
and authorize its certification to the County. Aye: 5 Nay: 0
Page 5/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
PROJECT 452R/FINAL ASSESSMENT HEARING
POND AP-50, TRUNK STORM SEWER
After noting no formal objection, either written or in person, Pawlenty moved, Gustafson seconded, a motion
to close the public hearing and approve the final assessment roll for Project 452R, Pond AP-50 - Trunk Storm Sewer,
and authorize its certification to the County. Aye: 5 Nay: 0
PROJECT 473/FINAL ASSESSMENT HEARING
MISCELLANEOUS OBJECTIONS-PILOT KNOB TRUNK STORM SEWER
After a brief Introduction by the City Administrator, Director of Public Works Colbert stated that all objections
to the assessments being addressed are a result of a public hearing held for this project on September 19, 1988.
He said written objections were submitted at that time and those properties were removed from the assessment roll.
Mr. Colbert said at the direction of the City Council, staff had requested that appraisals be done on each property
to substantiate the increase in value of the property associated with the improvement. He stated that in each
instance, the assessments had been substantiated. Mr. Colbert said that written objections have been received from
Tom Rooney, #10-02200-012-86, and Anthony Caponi, #10-02200-010-80 and #10-02200-010-80, and Theresa Fritz
#10-02200-014-,54.
The Director of Public Works said the majority of objections had to do with the rough topography. He stated
that Mr. Hosford, who originally had filed an objection, had subdivided his property and the assessments have
been paid. He added that each objection should be addressed separately.
The Mayor then asked the City Attorney what the procedure would be for dealing with the objections. He
asked if the City relied on the appraisal, what purpose would be served by the public hearing. The City Attorney
stated that the City had a responsibility and an obligation to hold the public hearing. If the Council was in
agreement with the final assessments, he said the assessments would then be certified to the County for collection
with the property taxes. The City Attorney said the property owners could then determine whether they wished to
pay the assessments or take the issue to district court. He said it would then be up to the court to decide if the
homeowners had been assessed fairly.
Mike Kohler was the first to ask the Council for reconsideration of the assessments for his property. Mr. Kohler
said because of the natural drainage of his property, there was no improvement due to the trunk storm sewer. He
said if his property drained into the storm sewer system, he could see some benefit. However, he said 80% of his
property drained into a very swampy area at the back of his land and not Into the City system.
The Mayor asked the Public Works Director if some of the homeowners would have to join together to develop
their property. Mr. Colbert said potential development on individual properties would be limited but they could
subdivide without joining together as evidenced by the Hosford Addition.
The next homeowner to address the Council was Theresa Fritz. Ms. Fritz said the Hosfords had talked to
them when the Hosfords developed their property; however, Mr. & Ms. Fritz were not prepared to join them at that
time. Ms. Fritz said the assessment would be fair at the time of subdivision but not now. She also said the
appraisal had a way of becoming a self-fulfilling prophesy in that the appraisal was now reflected on the tax rolls.
She added that if the assessments are pending against their property, the purchase price would have to be
adjusted. She said the assessments should be paid if and when the property is subdivided.
Councilmember Gustafson said it was likely the properties would have more run-off when they were subdivided
with driveways, roofs, etc. However, as it stands now, he said it was likely there was little run-off. He said he
understood the need to pay for the storm sewer system but questioned the 'benefit' to the property. City Attorney
0(%15) 0
Page 6/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
Sheldon pointed out that those properties on high ground always maintain that storm sewers provide no benefit;
however, the same amount of rain falls on high as well as low-lying property. Councilmember Gustafson said
perhaps the word should be 'responsibility' rather than 'benefit.'
The Director of Public Works said the storm sewer system provides the opportunity to subdivide because the
system is available to the property. He said that while it was limited now, the opportunity was provided and, hence,
the benefit. Councilmember Gustafson questioned why the property could not be assessed when subdivision and
development occurred. Mr. Colbert said that approximately 1 /3 of the assessments for these properties are proposed
to be levied now when the system is installed and the remaining 2/3 when development occurs. He said that when
improvements are installed within a district, the affected properties should participate but provisions are made for
postponement of part of the assessments for large unplatted property that is presently homesteaded and less than
5 acres.
Ms. Fritz objected to a statement that development cannot occur until improvements are installed. She said
that Hilltop Homes was developed before the storm sewer was put in . Mr. Colbert pointed out that Hilltop had
to prepay the assessments for the system. He said it is not feasible to put in all improvements before any
development occurs.
Mr. Kohler asked if it would be possible to be assessed for just that portion of his property that derives
benefit from the system. The Director of Public Works said that the City assesses storm sewer by district. He said
it has been an informal policy to delay assessment until which time as a majority of the property falls within a
particular storm sewer district. Mr. Kohler asked it his property would be assessed only once. Mr. Colbert said there
would be no future assessment unless the property was subdivided. Mr. Kohler then said that 15% of his property
drains directly into the storm sewer system but the back portion of his property does not. He said since 2/3 of his
property would never be developed, he should be assessed for 1/3 only.
The Mayor said that these were difficult questions; however, the City Council has only to establish whether
the appraisal indicates that the property benefitted from the improvements at least as much as the assessment.
Councilmember Gustafson stated that it was becoming increasingly difficult to own more than 12,000 s.f. of
property in Eagan. He said that parcels are being hit and that the uniform policy hits some acreages hard. He said
that property owners can enjoy larger acreages but assessments and taxes are also high.
Gustafson moved, McCrea seconded, a motion to close the public hearing and approve the final assessments
for these properties: # 10-02200-012-86, # 10-02200-010-80, # 10-02200-010-84, # 10-02200-014-54, # 10-02200-016-
54, and #10-02200-011-85 (Project 473, Pilot Knob Road - Trunk Storm Sewer) and authorize their certification to
the County. Aye: 5 Nay: 0
PROJECT 494/FINAL ASSESSMENT HEARING
MISCELLANEOUS OBJECTIONS/WESCOTT ROAD STREETS & U11LRiES
Director of Public Works Colbert stated that the objections to the assessments being addressed were a result
of a public hearing held for this project on September 19, 1988. He said written objections were submitted at that
time and those properties were removed from the assessment roll. Mr. Colbert said at the direction of the City
Council, staff requested that appraisals be done on each property to substantiate the increase in value of the
property associated with the improvement. He stated that in both instances, the assessments had been
substantiated. He said that one property owner has since sold his property. The Mayor added that the appraisal
shows substantial benefit above the amount of assessments.
00151.
Page 7/EAGAN CITY COUNCIL MINUTES
MAY 1, 1990
After noting no formal objection, either written or in person, McCrea moved, Gustafson seconded, a motion
to close the public hearing and approve the final assessment roll for these properties: 10-01400-020-82 and 10-
01400-010-82 (Wescott Road Streets & Utilities) and authorize their certification to the County.
PROJECT 491/FINAL ASSESSMENT HEARING
MISCELLANEOUS OBJECTIONS/EAGAN HILL FARMS TRUNK UTILITIES
The City Administrator said that an assessment hearing was held on September 19, 1988, and after receiving
written objection to the assessment, the subject parcel was removed from the final assessment roll. He said the City
Council had directed that an appraisal be performed on the property and this has been done.
The Director of Public Works then provided background on the project and said that trunk water main had
been installed in the front of the property in addition to water service. The total of all assessments was $11,007.17
based upon 710 feet of frontage which in this instance is the longest dimension of the property. Mr. Colbert said
if the parcel were over 3 acres with more than 200 feet of frontage, the assessment would be for only 100 feet of
frontage and 1 acre with the rest being postponed subject to executing an agreement. Mr. Colbert added that the
property owner, Myron Hanson, had dedicated an additional 17 foot easement beyond the standard right of way
easement at no cost to the City. He said this easement had dropped Mr. Hanson's parcel below the 3 acre
minimum needed to quality for a postponement of the assessment relating to the excess frontage and area.
Mr. Hanson said he had given the additional right-of-way to the City in 1972. He also said it was possible
his property could be subdivided, however, he has no intention of subdividing at this time.
The Mayor asked the Director of Public Works if only the house and 100' of frontage were assessed what the
assessment would be. Mr. Colbert said the assessment could be reduced by $6,028 or to an assessment of $4,980.
McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the final assessment
with amendment in accordance with Policy 86-3 for parcel #10-02400-010-78 for Project 491 (Eagan Hill Farm Trunk
Utilities) subject to execution of any and all agreements and authorize its certification to the County. Aye: 5 Nay:
0
PROJECT 505/FINAL ASSESSMENT HEARING
MISCELLANEOUS OBJECTIONS - COUNTRY HOLLOW TRUNK UTILITIES
The City Administrator said that an assessment hearing was held on September 19, 1988, and after receiving
written objections to the assessment, the subject parcels were removed from the final assessment roll. He said the
City Council had directed that appraisals be performed on the properties and they have been done.
The Director of Public Works indicated that a written objection had been received from Lawrence Oldenburg
and objections had been received the evening of the Council meeting from George Doerfler and James Mayer. Mr.
Colbert said there was one correction to the assessment roll and that was for the Mayer parcel. He said the
property qualfied for a large lot credit for trunk storm sewer; therefore, the assessment should be reduced to $3,498.
He also said the Mayer and Doerfler properties were for trunk area storm sewer only.
George Doerfler said that his was an unusal situation as his house is very old and has very little value. He
said raw land was selling for $8-$10,000 per acre and even with 6 1/2 acres, he doubted if his property would sell
for $100,000.
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MAY 1, 1990
Councilmember McCrea expressed concerns about the amount indicated for 'appraised benefit' and
questioned how in each instance of this project, the appraised benefit was exactly the amount of the assessment.
The Director of Public Works said that the appraisal takes into consideration the existing zoning, the structure, the
land, the underlying zoning and its highest and best use. In the appraiser's opinion, these properties had increased
in value by at least the amount of the assessment.
Councilmember McCrea then asked if any comparable property had been looked at. Mr. Colbert said that
none had been included in the report. The Councilmember was concerned that valuations could be reached
without looking at comparable properties. The Director of Public Works said there are three ways to determine
values in an appraisal: market comparison approach, income approach and cost approach, which was the method
used in this instance.
The Mayor reiterated that these were difficult hearings. However, he said the Council had requested
appraisals, they had been received, and now questioned whether they were going to be disregarded. He said the
Council need only determine whether the assessment was at least equal to the value of the benefit.
Mr. Doerfler said he would rather the Council handle his property as a single-family residence or as a
developable plot of land. He said the property is zoned agricultural now and if the property were ever developed,
it would have to be rezoned. Director of Public Works Colbert said the underlying zoning is agricultural but land
use guided for D-2. Councilmember McCrea reminded Mr. Doerfler that one of the considerations was the highest
and best use and the underlying zoning would mean 3-6 units on each acre.
Larry Oldenburg remarked that Mr. Doerfler had covered most of the issues; however, Mr. Oldenburg said that
the $10,000 in value of appraised benefit had done a great deal of harm since the County now said his property
was worth more and his taxes are going up. He said the appraisal should have been done in the future when the
property was developed because it isn't worth it now.
Councilmember Gustafson questioned the per acre value of these properties and asked why the values
couldn't be capped at $100,000 and the assessments based on that value as Mr. Doerfler had requested. The
Mayor said that each homeowner could have submitted their own appraisals to refute the methodology or values
being used by the City but none had. The Mayor said it would be difficult to accept different valuations based solely
on the objections of the property owners.
Councilmember Pawlenty asked the City Attorney what process had been used for soliciting an appraiser.
City Attorney Sheldon said they choose those appraisers who appear in court often and are familiar with valuations
in the County. The Councilmember then asked if the appraiser might submit to the City what the City wants to hear
in order to be rehired. The City Attorney said they were not interested in those just saying what the City wished
to hear. He added that all the appraisals for this meeting had been done by Mr. Ray Connolly as all had come out
of the same meeting; however, they do use other appraisers.
Gustafson moved, Pawlenty seconded, a motion to close the public hearing and approve the assessments
for Project 505 (Miscellaneous Objections - Country Hollow Trunk Utilities) for parcels #10-02400-010-60, #10-02400-
011059, and # 10-02400-020-60, with correction to parcel # 10-02400-011-59 for large lot credit and authorize their
certification to the County. Aye: 5 Nay: 0
.rte.
R-4 STUDY/AREA M
The City Administrator pointed out that the action requested on this Rem was to continue further consideration
of Area M to a future workshop session.
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MAY 1, 1990
Councilmember Pawlenty asked why two additional parcels were requesting review when presumably the
Council was reviewing Area M because the property owner had not received proper notice. Director of Community
Development Runkle said that staff had been working with the property owners and were close to agreement with
what the City wants and what the owners want to bring in. He said they would like to find something that all could
live with. Councilmember Pawlenty asked if this would set a precedent. Mr. Runkle said of the 16 properties, these
are the only three that there are major concerns with.
Councilmember McCrea said she originally voted against removing Area M from the rest of the parcels being
considered for rezoning because it would set a precedent and now two additional properties have come forward.
Wachter moved, Gustafson seconded, a motion to continue further consideration of Area M under review as
a part of the R-4 Rezoning Study to a workshop allowing a formal presentation by the property owner. Aye: 4 Nay:
1 (McCrea)
REZONINQICOMPREHENSIVE GUIDE PLAN AMENDMENT
DIFFLEY/CEDAR PLANNED DEVELOPMENT
The City Administrator provided a chronology on this item. He said the project first appeared on the Advisory
Planning Commission agenda in January of 1990 and again in February when it was recommended for approval.
The City Council heard the item for the first time in March and then referred it back to the Planning Commission with
specific direction. At the March 27 APC meeting, a motion to reaffirm the February approval failed. However, the
City Administrator added that whether this could be construed as a denial was open to interpretation. He then
turned the discussion of the background of this item over to the Director of Community Development.
Director of Community Development Runkle pointed out that the applicant had reduced the density of the
original application. He said the plan that had been originally presented to the APC at their January meeting had
been reduced for reconsideration in February by 17%. It was this reduced density plan that was recommended
for approval. After hearing the proposal at the March 6, 1990, City Council meeting, the City Council referred the
project back to the Planning Commission meeting for additional review. Mr. Runkle said the motion at that meeting
did not affirm the original motion. Mr. Runkle also said the Planning Commission had reevaluated the issues and
concerns regarding public safety, schools, zoning, appropriateness of use and now it was a land use decision. Mr.
Runkle said the applicant was there to answer any questions.
Mayor Egan said he was a little disappointed in the product coming back from the APC. He said he thought
the Council had expressed their concerns to the Planning Commission and had wanted those concerns addressed.
He said he did not see anything in the APC action that indicated they had addressed the issue of whether this
product was the project the City wanted for this site. He then asked the applicant if the project had been changed.
Mike Gould of Koldt Properties said that it had not.
Councilmember Gustafson asked if the R-4 (apartments) had been removed from the project and the Director
of Community Development said no, there were two, 140 unit apartment buildings in the project. Councilmember
McCrea said that the proposal had not changed from that brought before the Council in March.
The Mayor told the applicant that the City is studying R-4 and R-3 zoning in the City and is looking for a net
downzoning of those properties. He said the Council was receiving the same project as before and it would be up
to the developer to convince the Council that they should look at the property differently than they had on March
6.
Mike Gould then attempted to clarify the developer's position on the project. He said they had reduced the
density previously but had to balance economics with what was marketable and with what would serve the people
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MAY 1, 1990
of Eagan. He said because of the quality and uniqueness of the site, the market they wanted to reach was at that
$6004950 rent range, or at the upper end of the rent market. He said the product would appeal to the higher
income renter, many of whom would be buying in the area and rent 1-2 years before buying. He said the quality
of the project would appeal to the senior population and they have 98% occupancy in their other senior
developments. He said they had paid special attention to the amenities of the project such as, landscaping, an
irrigation system, maintenance free (metal) exteriors, water amenities, a 5,000 s.f. clubhouse, athletic facilities for
children, and trailways. Mr. Gould said they are also working with Enron to improve the site lines.
Mr. Gould then addressed some of the alternate uses that had been suggested by the Council for this
property. He said he had talked to an associate with the Radisson Hotel chain and was told the hotel market is
extremely soft right now. Mr. Gould also said the office space market had a 25% - 35% vacancy rate. He added
that if on the off chance a hotel development or corporate headquarters development were to come in, they would
have to be very sizeable for a 40 acre site. He said quality was the substitute here and they would like to do the
project.
Mr. Peter Pfister then spoke to the Council regarding their concerns about the density of the project. He said
that a typical project with 16 units per acre would translate into 50% hard cover; however, because this project
has three story apartments and underground parking, they are looking at 35% hard cover. He also pointed out that
the parcels involved with this development carry three different zonings: light industrial, agricultural, and general
business. He said one of the benefits of the project would be to remove some of the industrial zoned land. They
would also landscape and shield the Enron property, He said there is a lot of open space at Enron, and with the
new development and landscaping, the Enron buildings would tend to subside from view. He said that their
development would focus on the new town' concept integrating diverse housing types with recreation and retail on
site. The concept envisioned for the Diffley/Cedar site is modeled architecturally after an English village with steep
roofs, chimneys, row houses and gardens.
Councilmember McCrea questioned whether the slides indicated what would actually be built or whether they
were just ideas. Mr. Pfister said the slides showed conceptual drawings. The Councilmember also asked how many
people were proposed to live in the development. Mr. Pfister said from 650 - 700. Councilmember McCrea was
also concerned about the number of persons per household. Director of Community Development Runkle said that
the number of persons per household in Eagan is approximately 3-4 persons in single-family and 1.5 persons in
multiple. The numbers for students per household is approximately 1.25 for single-family and less than .5 for
multifamily.
Councilmember McCrea then asked with those numbers, how the development would support the daycare
and retail centers. Mr. Gould said they would also serve other residents. The Councilmember said that was not
a new town' concept. Mr. Gould said the development was not on a scale to be self-supporting.
Councilmember Gustafson said an office or hotel use for this parcel may not be realistic. He said he
personally did not consider a mixed residential use inappropriate for this site, particularly since the market and
quality are there. He said he had looked at other developments the developer has in the Twin Cities and is assured
of the quality. Councilmember Gustafson said that with all things considered, they may be hard-pressed to find
anything better.
Mary Teske, a resident of Cinnamon Ridge, said that a hotel or the previously proposed Splashland did not
excite the neighborhood and they were not anxious to have any more commercial. She said it is a residential area
and she did not understand the zoning. She expressed concerns about an LPG line that ran through the property
and recommended that it be checked to see if it had been abandoned. Prior to approval, however, she requested
that the Council address traffic and drainage problems. Because of its location, she was concerned that properties
below it would experience flooding.
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MAY 1, 1990
Tom Webster, the owner of three of the parcels, said they had dealt with the drainage issue when Splashland
was proposed. He said even with the parking lot, the drainage was no problem. He also pointed out that there
were a number of different parcels on the ridge and a number of different zonings. He said he would like to see
someone development the entire area as one project rather than a piecemeal approach. He also said he has had
a number of persons approach him to buy individual parcels for a gas station or a plumbing supply company, but
has tried to wart for one big development.
Councilmember Pawlenty said he had struggled with the quality and quantity issue. He said the developer
was aware that they would have to have a quality project but the Councilmember was concerned about the details
of the project. He said he liked the drawings but was hesitant until the details were bolted down with a definite
commitment. He said as he looked at other alternatives for the site, the proposed project may be the lesser of two
evils.
The City Administrator said the Council had identified an important point and suggested that the Council direct
City staff to meet with the developer to generate a development agreement. He said this would allow them to satisfy
their concerns before making a commitment to the project.
Councilmember McCrea asked the Director of Community Development if there were any possiblity the
Metropolitan Council would not approve the project. Mr. Runkle said that in addition to the comprehensive guide
plan, it would have a lesser impact as residential and would fit the environmental standards. He said he did not
foresee any problem.
Councilmember Wachter asked if the Council should take for granted that this was the best use of the
property. He said it did not live up to his expectations. Councilmember Gustafson said the project was better than
that allowed under the present zoning. With the present zoning, however, he said it would be difficult to turn down
a developer who met the requirements and wanted to put in a gas station.
The City Administrator asked if the Council had any desire to direct Community Development to look at other
land use options. Councilmember Pawlenty said he was interested in other options' however, for the present
proposal, he needed to be convinced that the quality of the exteriors was exceptional. Mayor Egan recommended
a two-way dialogue between the staff and City Council during the next 30 days.
Gustafson moved, McCrea seconded, a motion to direct staff to work with Koldt Properties in the formulation
of a development agreement to be brought back to the City Council for their consideration at the June 5, 1990,
regular City Council meeting.
Councilmember McCrea wanted her second to the motion tempered with the understanding that she reserves
the right not to follow through with approval for the project if the exterior quality of the development's buildings are
not suitable or site sensitive or concerns about traffic circulation are not satisfactorily addressed.
Aye: 4 Nay: I (Pawlenty) Councilmember Pawlenty said he was in favor of the spirit of the project but
wanted to explore other options.
SPECIAL. PERMIT/POLICE FIREARMS RANGE
CITY OF APPLE VALLEY
The City Administrator said that the City of Apple Valley had approached the City several month ago regarding
development of a Police shooting range or firing range and asked if the City of Eagan had any interest in
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MAY 1, 1990
participating. Apple Valley had also contacted the City of Bumsville. The City Administrator said there were two
issues to consider: 1) the special permit for the firearms range, and 2) a master plan for indoor/outdoor ranges.
The Director of Community Development addressed the issue of the special permit. He said the range would
be located off Yankee Doodle Road with access through the Comserv property. He indicated obtaining an easement
for access would be a condition of approval. Additional conditions regarding the use of automatic weapons on site
and licensing provisions would allow the City to retain some control of the site.
Captain Terry Cook of the Apple Valley Police Department said he had received a directive from the Apple
Valley Council to pursue a range with a joint powers agreement. He said his search has come down to this parcel.
He added that the National Rifle Association said this is the 'best natural range in the State' due to the bluff located
on the property. Captain Cook said they have negotiated for the purchase of the property and with Comserv for
donation of an access easement to the site.
Councilmember Gustafson said he favored an indoor range, however, there were reasons why an outdoor
range should and could be developed with an indoor range in the future. He said an indoor range was not as
condusive to actual situations.
A question was then asked as to the safety of the site and especially the barrier wall. Captain Cook said that
the facility would be designed after one in St. Paul. He said the barrier wall would be constructed of 2X8 timbers
with 6' of rock in between. Chief Geagan said they would not allow carte blanche use of the range but would
restrict it to range masters. He said all types of firearms would have to be approved before their use would be
allowed at the range. The number of officers using the site would be 130 - 140 from the three cities. Because of
the joint use and location of the site, Chief Geagan said officers could use the range during duty hours. He said
overtime is presently paid to send officers to Rosemount outside their duty hours.
Councilmember McCrea also expressed concerns as to the safety of the site. Chief Geagan said most of the
shooting would be with 'reloads' which would control the distance. He said the range would be as safe as they
can make it. Chief Geagan also pointed out that a range has been there for three years and there hasn't been
a problem.
Councilmember Wachter asked if money for participation in a joint powers agreement had been budgeted.
Chief Geagan said that Apple Valley would be going ahead with the site with or without Eagan's participation;
however, $30,000 had been allocated last year for an outdoor range. He said Bumsville may develop an indoor
range also with a joint powers agreement, but Chief Geagan said the Apple Valley venture was the most likely to
happen in the foreseeable future.
In answer to miscellaneous questions, Chief Geagan said the Police Department had no objection to a yearly
review of calibers used on the firing range. As to the impact on wildlife, there is a range there now.
McCrea moved, Gustafson seconded, a motion to approve a special permit that would allow the City of Apple
Valley to construct a police firearms range within a light indistrial district located in Section 8, subject to the following
conditions:
1. Annual review of the caliber of firearms being used at the range.
2. Compliance with all licensing requirements.
Aye: 5 Nay: 0
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MAY 1, 1990
SPECIAL PERMIT/EAGAN CHRISTIAN CENTER
After brief discussion, McCrea moved, Pawlenty seconded, a motion to approve a special permit to the Eagan
Christian Center for two years to allow the Eagan Christian Center to use a building located on light industrial zoned
property for the purpose of holding church meetings subject to the following conditions:
1. The temporary permit shall expire two years after approval.
2. Church functions shall be limited to evenings and weekends.
3. The permit shall be subject to all Code requirements.
Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/VETERINARY CLINIC
Gustafson moved, Wachter seconded, a motion to approve a conditional use permit for Elizabeth A. Aird to
allow a veterinarian clinic in a CSC district on Lot 4, Block 1, Town Centre 100 6th Addition, subject to all applicable
ordinance and licensing requirements. Aye: 5 Nay: 0
TRAFFIC SIGNAL/COACHMAN & YANKEE DOODLE ROADS
The City Administrator said that County Commission Chapdelaine and his staff had recently received a number
of call regarding a signal at Coachman and Yankee Doodle Roads. He said a signal at this intersection is not
planned until 1991. After review by the County Board and their staff, the City Administrator said the County is
bringing the issue to the City Council to see if there is any interest in accelerating the installation.
The Director of Public Works said financing for the signal could be one of two ways: 1) the City prefinances
the County's share of $45,000 in addition to the City's equal share, or 2)request the County try to respond by
arranging appropriate financing for their share. Considering budgetary constraints, Councilmember Wachter
questioned where the money would come from. The Director of Public Works said it would have to come out of
the major street fund.
The Mayor said in talking with Commissioner Chapdelaine, the earliest the County could install the signal
would be late November.
Councilmember Gustafson said the signal was probably needed 'yesterday' rather than in 1990 or 1991;
however, he asked how many more are as sensitive as this? The Director of Public Works said there were a number
of them and the pressures would be there to also accelerate those installations.
Mayor Egan then asked what the process had been that they had just gone through. He said the Council
had reviewed the five year plan and now were being asked to change this plan and its priorities. The City
Administrator said there had been justification to move up the Cliff Road installation; however, at some point the
schedule would have to be followed perhaps with a review every six months.
Councilmember Pawlenty said the Cliff Road signal was an exception because of the heavy pedestrian traffic.
He said, however, that unless the Coachman and Yankee Doodle Road signal was at the top of the priority list, he
was recommending the Council follow the plan.
Mayor Egan asked how much time savings was involved? The Director of Public Works said approximately
six months.
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MAY 1, 1990
Pawlenty moved, Gustafson seconded, a motion to adhere to the five-year Capital Improvements Program for
installation of traffic signals within the City. Aye: 5 Nay: 0
RESOLUTIOWOPEN YOUR HEART TO THE HUNGRY WEEK
McCrea moved, Pawlenty seconded, a motion to approve the resolution proclaiming the week of April 30 - May
6, 1990, as Open Your Heart to the Hungry Week. Aye: 5 Nay: 0 R-90.31
CONTRACT 90-2JPARK SHELTER BUILDINGS
Wachter moved, Gustafson seconded, a motion to approve Contract 90-2, for the construction of park shelter
buildings, and to award the contract to W. H. Oates in the amount of $235,746. Aye: 4 Nay: 1 (McCrea)
Councilmember McCrea wanted it noted that she had voted against the Contract because she had said she
wouldn't support another park building until the cost of maintenance is known.
Councilmember Gustafson said there are so few costs that can be controlled, i.e., fire, police, that perhaps
these are dollars that can be controlled.
Councilmember McCrea said the Council had heard from the residents that they did not want tax increment
financing but yet the City spends $900,000 a year to maintain a parks program. The Councilmember will continue
to be concerned.
City Administrator Hedges said this contract is the last of the construction approved with the 1984 Park Bond
Referendum. He said that development had occurred bit by bit each summer and this will use up the remainder
of bond funds.
Councilmember McCrea said she had voted against additional grant applications for park buildings as they
not only required staff time but matching funds as well. Councilmember Wachter recommended the issue be
addressed with the budget.
LAND RENTAL AGREEMENT/LEXINGTON DIFFLEY SITE
Gustafson moved, McCrea seconded, a motion to receive the bid for the rental of City property located at
Lexington and Diffley Roads and award the rental to Cliff Kirschner for $20 per acre. Aye: 5 Nay: 0
PROJECT 596/WOODLANDS NORTH ADDITION
STREETS & UTILITIES
Wachter moved, Pawlenty seconded, a motion to receive the petition for Project 596, Woodlands North
Streets & Utilities) and authorize the preparation of a feasibility report and detailed plans and specifications.
Aye: 5 Nay: 0
CUFF ROAD RIGHT-OF-WAY
Egan moved, Gustafson seconded, a motion to prepare a recommendation to the County requesting a
reduction in the width of right-of-way on Cliff Road adjacent to the Park Center Addition from the present standard
of 100' half right-of-way to an 80' half right-of-way plus 10' trailway easement.
Aye: 5 Nay: 0
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MAY 1, 1990
LEXINGTON POINTEITRAPP FARM PARK
Pawlenty moved, Gustufson seconded, a motion to approve $6000 to be paid from the Park Site Fund to Tri-
Land Properties for partial reimbursement for expenses incurred in the Lexington Pointe/Trapp Farm Park land
negotiations. Aye: 4 Nay: 1 (Wachter)
SPECIAL CITY COUNCIL MEETINGS
Egan moved, McCrea seconded, a motion to approve a special City Council work session for Thursday May
24, 1990, at 5:30 p.m. Aye: 5 Nay: 0
Gustafson moved, Pawlenty seconded a motion to approve a special City Council work session for June 11,
1990, at 5:30 p.m. Aye: 5 Nay: 0
TEMPORARY ENGINEERING INTERN
Gustafson moved, Wachter seconded, a motion to approve the temporary hiring of Scott Merkley until May
31, 1990, as an Engineering Intern with the provision that he cannot participate as a voting member of the Advisory
Planning Commission during his temporary employment.
Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated May 1, 1990, in the amount of
$317,279.37. Aye: 5 Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged
information at 11:45 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty
and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session adjourned at 12:35 a.m.
KF
00160
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MAY 17, 1990
A regular meeting of the Eagan City Council was held on Thursday, May 17, 1990, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty.
Also present were City Administrator Tom Hedges, Director of Finance E. J. VanOverbeke, Director of Public
Works Tom Colbert, and Assistant City Attorney Michael G. Dougherty.
.................. .
......................
The City Administrator recommended the following changes to the agenda:
hem B, Consent Agenda, Final Plat, Wilmus Addition. Action is to be delayed on this item until after
Public Hearings, Item C, Project 592.
Item A, Old Business, Extension, Preliminary Plat for Eagan Woods Office Park II, recommended to be
delayed indefinitely.
Item D, New Business, Special Permit, Cellular One, to allow a cellular telephone equipment building
on Lot 1, Block 1, Unisys Park, recommended to be delayed indefinitely.
Wachter moved, Gustafson seconded, a motion to approve the agenda for the May 17, 1990, regular
City Council meeting with the above noted changes. Aye: 5 Nay: 0
MINUTES.
...................
Gustafson moved, Wachter seconded, a motion to approve the minutes for the May 1, 1990, regular
City Council meeting with the following exceptions:
Councilmember Pawlenty requested that the following language be added to the last sentence in
paragraph five on page two: 'because state property tax relief will be reduced.'
Mayor Egan recommended the following changes: page two, first paragraph, League of Minnesota
Cities should be changed to Association of Metropolitan Municipalities.
Page six, fifth paragraph, the final word should be 'assessment.'
Page eight, third paragraph, the word 'appraisal' should be 'assessment.'
Aye: 5 Nay: 0
Pawlenty moved, Gustafson seconded, a motion to approve the minutes for the April 26, 1990, special
City Council meeting with the following exception:
Councilmember Gustafson requested that the words 'and audit' be stricken from the sixth sentence,
first major paragraph, page two. Aye: 5 Nay: 0
001(;1
Page 2/EAGAN CITY COUNCIL MINUTES
May 17, 1990
PUBLIC WORKS DEPARTMENT/POND PUMPING REQUIREMENTS
The City Administrator introduced the item by saying that this was part of an overall conscientiousness
on the part of the City regarding the use of surface water.
The Director of Public Works said the City has been receiving more and more requests to pump water
from lakes, ponds or wetlands for the purposes of irrigation. Because the City had no present policy, the
Director of Public Works said the choices facing the Council were: 1) regulate, 2) prohibit or 3) ignore. He
also stated that it was not a local but a metropolitan wide problem. The Director of Public Works then pointed
out some of the benefits and concerns associated with permitting appropriation of surface water but added
that a permitting process with all its associated procedures would be both costly and time consuming for the
City. He said that the Public Works Department's position would be either to ignore or prohibit; however, they
would need a policy so that they could respond to requests.
After discussing the past history of the issue and their concerns for the continued viability of this
resource, Wachter moved, McCrea seconded, a motion to deny a surface water appropriation program.
Aye: 5 Nay: 0
The City Administrator then introduced Kathy Neilsen, who is one of six visitors from England. They
are guests of the Eagan Rotary Club and will be in the City for the next week. Kathy was a detective and
is now a patrol officer in England and will be spending at least some of her time with the Police Department
next week.
A. Personnel Items
1. It was recommended that Jay Laramy and Jamie Witt be hired as seasonal street/equipment
maintenance workers.
2. It was recommended that the hiring of Seasonal Park Maintenance Workers, Larry Anderson, Duane
Barton, Manoroth Bounnak, Todd Buck, Steven Kennedy, Tony Renlund and Steve Sheldon, be ratified.
3. It was recommended that Brian J. Skok and Jaimison Sloboden be hired as seasonal utility
maintenance workers.
4. It was recommended that Susan Garry be hired as a seasonal summer concession worker.
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May 17, 1990
5. It was recommended that the following people be hired for seasonal recreation positions:
Nick Ayotte
Kristi Belew
Jennifer Blanchard
Jodi Carlson
Holly Confer
Monica Cross
Lei-Lani Dick
Paula Eaves
Steve English
Christina Fergestad
Terrence Flynn
Rachel Fritz
Britta Gilbert
Marilyn Grant
Shannon Haugh
Lynn Hockford
Kris Hoford
Angela Jenkins
Stephanie Link
Kathy McNeil
Melanie Mesko
Aimee Muehlen
Julie Nalepinski
Shannon O'Heam
Kristin Weekiund
Richard Roberts
Christine Schultz
Leila Slinde
Shannon Stire
Angela Stocker
Julie Vanderwalker
B. Final Plat, Wilmus Addition
It was recommended that the final plat for Wilmus Addition be continued until after Project 592 of
Public Hearings.
C. Final Plat, Coventry Pass 2nd Addition
It was recommended that the final plat for Coventry Pass 2nd Addition be approved.
R-90.32
D. Consideration of Minnesota Valley Transit Authority By-Laws
It was recommended that the By-laws of the Minnesota Valley Transit Authority be approved.
E. Designation of Retained Franchise Fees to Purchase Video Production Equipment
It was recommended that the transfer of retained franchise fees to the General Fund in an amount
not to exceed $1,900 for the purchase of a Quasar Super VHS camcorder and related equipment for the
Central Service Maintenance Division pursuant to the 1990 General Fund budget be approved.
F. Resolution to Provide Legal Lot Description for the Lot Split of Lot 5. Zehnder Acres
It was recommended that the updated version of the resolution concerning the lot split of Lot 5,
Zehnder Acres be approved.
R-90.33
G. Project 597, Receive Petition/Authorize Feasibility Report (Hills of Stonebridge 3rd Addition - Trunk
Storm Pond)
It was recommended to receive the petition and the preparation of a feasibility report be authorized
for Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Pond JP-27).
H. Contract 90-07, Approve Plans/Authorize Ad For Bids (1990 Street & Trails Sealcoating)
It was recommended that the plans for Contract 90-07 (1990 Street & Trail Sealcoating) be approved
and the advertisement for a bid opening be authorized to be held at 10:00 a.m., on Friday, June 15, 1990.
1. Contract 87-06, Acknowledge Completion/Authorize Final Payment (Pilot Knob Trunk Storm Sewer
Improvement)
It was recommended that completion be acknowledged and the fifth and final payment for Contract
87-06 (Pilot Knob Road - Trunk Storm Sewer) be authorized in the amount of $5,811.84 to S.J. Louis
Construction, Inc., and that perpetual City maintenance be accepted subject to warranty provisions.
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May 17, 1990
J. Contract 88-22, Acknowledge Completion/Authorize Final Payment (Miscellaneous Projects - Streets
& Utilities)
It was recommended that the 7th and final payment for Contract 88-22 (Miscellaneous Projects -
Streets & Utilities) be approved in the amount of $13,605.04 to 0 & P Construction, Inc., and perpetual City
maintenance authorized subject to warranty provisions.
K Contract 87-K Acknowledge Completion/Authorize City Maintenance (Sunset 12th Addition -
Streets & Utilities)
It was recommended that the completion of Project 87-K (Sunset 12th Addition - Streets & Utilities)
be acknowledged and the assumption of perpetual maintenance responsibilities by the City be authorized
subject to appropriate warranty provisions.
L Contract 88-DD, Acknowledge Completion/Authorize City Maintenance (Eagandale Center Industrial
Park 10th Addition - Utilities)
It was recommended that the completion of Project 88-DD (Eagandale Center Industrial Park 10th
Addition -Utilities) be acknowledged and the assumption of perpetual maintenance responsibilities by the City
be authorized subject to appropriate warranty provisions.
M. Vacate Utility Easement, Receive Petition/Authorize Public Hearing (Lot 10, Block 3 - Clearview
Addition)
It was recommended that the petition to vacate utility easements (Lot 10, Block 3 - Clearview Addition)
be received and a public hearing to be held on June 19, 1990, be scheduled.
N. Contract 89-03, Approve Contract for Architectural/Engineering Services with BRW, Inc.
(Maintenance Facility Expansion/Remodeling)
It was recommended that the contract for architectural/engineering services for Contract 89-03
(Maintenance Facility expansion/remodeling) be approved and the Mayor and City Clerk authorized to execute
all related documents.
0. Permit, 4th of July Parade/Lions Club
It was recommended that a parade permit be approved for the Annual 4th of July Parade as
requested by Dr. Donald C. Clark representing the Lions Club.
P. License, Refuse/Recycling, Nitti Disposal, 6639 Concord Blvd, Inver Grove Heights
It was recommended that a refuse/recycling license for Nitti Disposal Inc. be approved.
Gustafson moved, McCrea seconded, a motion to approve the Consent Agenda with exceptions as
previously noted. Aye: 5 Nay: 0
For Council's information, Councilmember McCrea said that she had recently visited Paynesville,
Minnesota and their newest enterprise is a plastics shredding factory. She said she realized that Eagan did
not yet recycle plastics but felt that this was worth looking into.
Page 5/EAGAN CITY COUNCIL MINUTES 00164
May 17, 1990
>PIE>1itil??a
PROJECT 590/SOUTH PILOT KNOB ROAD/STREETS AND UTILITIES
The City Administrator introduced the public hearing for the continued upgrading of Pilot Knob Road
(County Road 31) from Rebecca Lane to 138th Street in Apple Valley. He stated that notices had been
published in the legal newspaper and sent to all property owners.
The Director of Public Works then introduced Mark Hanson of the consulting engineering firm of
Bonestroo, Rosene, Anderlik and Associates, who explained the background and scope of the project. He
said the project provides for the upgrading of County Road 31 in addition to bituminous bike trail and storm
sewer improvements.
After Mr. Hanson's presentation, Councilmember Wachter expressed his concerns about the lost
storage area of Pond LP-56 due to the upgrading of Pilot Knob Road. Mark Hanson stated that further study
would be needed of that area. Councilmember Pawlenty asked if $200,000 were generated by assessments,
what proportion would come from homeowners versus other types of properties. Mr. Hanson stated that some
of the assessments would come from the Hillcrest neighborhood; however, the majority would be from the
Diamond T Ranch and the Dakota County Parks Department due to their frontage.
The Mayor then asked if anyone from the public wished to speak. The first to address the Council
was Mike Flynn who lives in Hillcrest. Mr. Flynn's property is being assessed for storm sewer. Mr. Flynn said
that all his property drains to the front of his lot into Rebecca Lane and not into the district that is presently
being assessed. Mark Hanson said that the major portion of Mr. Flynn's property did drain to the front of the
lot; however, the eastern portion of the property would drain toward LP-56. With Mr. Flynn's further objections,
Mark Hanson said this could be further reviewed if the homeowner preferred.
The Director of Public Works said that this is a storm sewer lateral and its assessment is consistent
with the present City policy. He said it might be helpful to review the project schedule. The plans are to be
approved in June with a bid opening and contract award in July. The first phase of construction would begin
in the fall of 1990 and construction completed in the spring of 1991. The final assessment hearing would not
be held until September of 1991, with the first payment due with the real estate taxes in May of 1992. He
also pointed out that all properties which drain to or benefit from this storm sewer would be verified at the
time of final assessment.
The next person to address the Council was Dan Nemetz, also of the Hillcrest Addition. Mr. Nemetz
also contended that his property did not drain into this drainage district. Mr. Nemetz said that drainage off
of his property is natural and is not controlled by the storm sewer. He stated that the storm sewer should
control where water goes and his property is not draining into the storm sewer. The Director of Public Works
pointed out that not all storm water that flows into LP-56 is through a storm sewer system, however, much
is due to overland drainage. He said that if none of Mr. Nemetz's property drains into LP-56, his property
would not be assessed.
Councilmember Wachter asked how far the Pilot Knob Road upgrade goes into Apple Valley. Dave
Zeck of the Dakota County Engineering Department said that it would go just south of Diamond Path Road.
When asked if there would be any difference between the previously completed Pilot Knob Road sections and
that presently being proposed to be upgraded, Mr. Zeck said that it would be the same type of road and to
the same specifications.
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May 17, 1990
McCrea moved, Wachter seconded a motion to close the public hearing and approve Project 590
(South Pilot Knob Road - Streets and Utilities) and authorize the execution of the appropriate cost participation
agreements with Dakota County. Aye: 5 Nay: 0
PROJECT 591/TRANBY 1ST ADDfTION
The City Administrator introduced the public hearing for the installation of storm and sanitary sewer
to service the proposed Tranby 1st Addition. He stated that all notices had been published in the legal
newspaper and sent to all potentially affected property owners. Mark Hanson said that Tranby 1st Addition
is located in drainage district E-10. He pointed out that drainage district E-10 was originally intended in the
1990 Comprehensive Storm Sewer Plan to drain by gravity storm sewer into Pond EP-2. However, after
investigating four different alternatives and their costs, the affected property owners indicated they would prefer
to provide ponding in order to reduce the overall costs.
Councilmember Wachter asked if it was not feasible to put storm water into Pond EP-2. Mark Hanson
said that it was feasible but the costs were prohibitive due to the storm sewer jacking beneath the railroad
tracks and the significant overdepth that would be incurred with the storm sewer pipe construction to Pond
EP-2.
The Mayor then opened the meeting for public comment. The first to address the Council was
Ronald Harris (Sash). Mr. Harris questioned the costs to his property and asked whether these costs would
be spread over the entire 60 acres. Mark Hanson said that since the pond in question only serves 20 acres
it would, therefore, be assessed against those 20 acres. Mr. Harris then asked if it would be possible to put
more of the pond on the Tranby Addition as it is the only benefitting property. Mark Hanson said that half
the pond would be on the Tranby Addition, 1/4 on the Chapdelaine property and the remainder on the Sash
property.
Next was John Borchert. He gave a brief history of the Borchert/Ingersoll 1st Addition and said
originally Engineering had decided that the entire property would slope toward Pond EP-2. He said that 90 -
95% of the pond is on their property and they had agreed to the pond use for the storm sewer system.
He further stated that they had never received any remuneration for it even though it was used by others.
Mr. Borchert indicated that they had been advised that the value of their property lies with the original
drainage and that changing it would ruin a portion of their property. Mayor Egan said that the drainage
patterns would be subject to further review before the final assessment roll is received. Mr. Borchert said they
plan to follow their original intent.
Ole Tranby then briefly addressed the Council regarding the grading for holding pond, EP-4A and
said it is his intention to have his contractor do the grading and then use the fill elsewhere in the
development.
Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve Project 591
(Tranby 1st Addition - Storm & Sanitary Sewer) and authorized the preparation of detailed plans and
specifications along with the acquisition of easements through condemnation, if necessary. Aye: 5 Nay: 0
PROJECT 592JWILMUS ADDITION TRUNK STORM SEWER
The City Administrator introduced the public hearing for the installation of trunk storm sewer facilities
necessary to handle the development of the Wilmus Addition plat incorporating the proposed new Oak Ridge
Elementary School on Johnny Cake Ridge Road. He said all notices had been published in the legal
newspaper and sent to all potentially affected property owners.
00166
Page 7/EAGAN CITY COUNCIL MINUTES
May 17, 1990
Mark Hanson then provided the background and scope of this project. He said the project provides
for the construction of a lift station and force main to serve as the outlet for Pond BP-6. He added that of
the drainage area, most is developed and only the unplatted property, School District 196, and park land are
proposed to be assessed.
Mayor asked if there was anyone from the public who wished to address the Council. Tom Klein
of 4580 Blackhawk Road said he had received a $242 assessment even though his property does not benefit
from the improvement. He then asked the City Council to drop the assessment. Councilmember McCrea said
it would be reviewed at the time of final assessment. Mr. Klein then asked what he should do to assure being
kept informed and the Mayor recommended that he continue as he had and work with staff.
Howard Ward of 1836 Cliff Road then discussed his property. He also stated that storm water did
not leave his property and would like to go on record as requesting a review.
Wachter moved, McCrea seconded, a motion to close the public hearing and approve Project 592
(Wilmus Addition - Trunk Storm Sewer) and authorized the preparation of detailed plans and specifications
along with the acquisition of easements through condemnation, if necessary. Aye: 5 Nay:
FINAL PLAT/WILMUS ADDITION
McCrea moved, Wachter seconded a motion to approve the final plat for Wilmus Addition. Aye: 5
Nay: 0 R-90.34
.............................% ... ..
........................................
EXTENSION OF PRELIMINARY PLAT/EAGAN WOODS OFFICE PARK II
McCrea moved, Wachter seconded, a motion to continue indefinitely consideration of a one-year final
plat approval extension for Eagan Woods Office Park II. Aye: 5 Nay: 0
CITIZENS TASK FORCE
ALTERNATIVES ICE ARENA FACILITY
The City Administrator introduced the item by providing background on the issue to this point. He
then turned his attention to the draft committee framework that had been included for the Council's review.
He said the City Council could discuss the make-up of the committee, formalize the committee's framework
and then solicit again in the local newspapers for resident participation. He said the other option for the City
Council would be to make those decisions at this meeting.
Councilmember Gustafson expressed concerns about the title of the draft committee framework. He
said because of its emphasis on the YMCA, it had a limited focus. Mayor Egan agreed, saying it was the
intent of action taken at the April 17, 1990 City Council meeting to review all options both with and without
YMCA participation. Councilmember Wachter pointed out that it was important to note that when this action
was taken, it was felt the only way an ice arena was possible was with Y participation. He said if the ice
arena were not built with the YMCA it would be up to the City to maintain. Mayor Egan then expressed
concerns regarding the seven year time frame of the YMCA. He said the City may not be in agreement with
their location, their time frame, etc. Councilmember Wachter said it would be up to the Task Force to bring
those issues out. Councilmember Pawlenty said the committee should take a broader look at the ice arena
issue. He said he would prefer that they explore the City option, Y option and all other possibilities. He said
the committee should be given fairly wide latitude to come up with new and creative ideas.
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 4, 1990
A regular meeting of the Eagan City Council was held on Thursday,
January 4, 1990, at the Eagan Municipal Center. Present were Mayor
Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also
present were City Administrator Tom Hedges, Community Development
Director Dale Runkle, Public Works Director Tom Colbert and City
Attorney James Sheldon.
OATH OF OFFICE
City Administrator Tom Hedges administered the oath of office to
Mayor Egan and Councilmembers McCrea and Pawlenty.
INVOCATION
The Reverend George Martin of Saints Martha and Mary Episcopal
Church led the invocation as the Council began a new year.
MAYORAL COMMENTS
Mayor Egan opened the meeting with a brief mayoral address. He
stated that this was an important bench mark being the beginning of a
new decade. He stated that there was large growth in the last decade.
Mayor Egan further stated that the new Council would chart the course
for the 1990s and that this was a unique chance to direct and shape
the future of the City of Eagan. Mayor Egan was confident that the
actions of the new Council would bring pride to the community.
AGENDA
City Administrator Tom Hedges informed the Council that Item H
under the Consent Agenda, the final plat of Manor Lake 2nd Addition,
should be continued indefinitely.
Wachter moved, McCrea seconded, the motion to approve the agenda
as amended. All voted in favor.
MINUTES
December 19, 1989.
McCrea moved, Gustafson seconded, the motion to approve the
minutes for the December 19, 1989 regular Council meeting. Egan,
Wachter, Gustafson and McCrea voted in favor; Pawlenty abstained.
Page 2/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
CONSIDER VACATING TEMPORARY UTILITY EASEMENTS
LOT 11, BLOCK 1, HARVEY ADDITION NO. 2
City Administrator Tom Hedges introduced the matter. Public Works
Director Tom Colbert recapped the staff report and explained the
various options open to the Council. He further recommended that the
temporary easement not be released until the lot line was
established.
Councilmember Wachter stated that it should be the applicant's
responsibility to establish the lot line.
Wachter moved, McCrea seconded, the motion to continue
indefinitely the vacation request of a temporary utility easement
over Lot 11, Block 1, Harvey Addition No. 2 until the lot line was
established. All voted in favor.
TREE ORDINANCE
Councilmember Wachter requested an update on the tree ordinance
status. City Administrator Tom Hedges stated that John Voss'
recuperation had caused a delay but that staff would follow up on the
matter.
1990 POLICE JOINT POWERS AGREEMENT
City Administrator Tom Hedges introduced the matter and stated
that there were some minor technical changes to the Joint Powers
Agreement and that the Council should reauthorize the revised
agreement.
Gustafson moved, Wachter seconded, the motion to reauthorize the
entry of the City of Eagan into a Joint Powers Agreement for the
South Metro Task Force. All voted in favor.
CANINE UPDATE
Police Chief Pat Geagan informed the Council that a new schedule
had been devised that met the requirements of the federal agency and
that a second dog was scheduled at no extra cost to the City.
Councilmember Wachter congratulated Chief Geagan on his budget
results.
Page 3/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
CONSENT AGENDA
A. Personnel Items.
1. Winter Seasonal Park Maintenance Worker.
It was recommended to approve the hiring of Dale Drentlaw as a
winter seasonal park maintenance worker.
2. Reorganize Receptionist Position.
It was recommended to reorganize the Finance Department from two
full-time receptionist positions to one full-time position (at 40
hours per week) and two part-time positions (totaling 40 hours per
week).
3. Car Allowances.
It was recommended to approve a 4% increase in city car
allowances effective January 1, 1990.
B. Plumbers Licenses.
It was recommended to approve the plumbers licenses as presented.
C. Project 599/Receive Feasibility Report/Order Public Hearing
(Silver Bell Addition - Watermain).
It was recommended to receive the feasibility report for Project
588 (Silver Bell Addition - Watermain) and schedule a public hearing
to be held on February 6, 1990.
D. Approve Management Plan/Black Dog Watershed Management
Organization.
It was recommended to approve the management plan for the Black
Dog Watershed Management Organization and authorize the Mayor and
City Clerk to execute all related documents.
E. Contract 88-C/Acknowledgement of Project Completion (Blackhawk
Ridge, Phase I. - Streets and Utilities).
It was recommended to acknowledge the completion of Contract 88-C
(Blackhawk Ridge, Phase I, - Streets and Utilities) subject to all
warranty provisions.
Page 4/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
F. Contract 87-EEE, Acknowledgement of Project Completion
(Woodlands First Addition - Streets and Utilities).
It was recommended to acknowledge the completion of Contract
87-EEE (Woodlands First Addition - Streets and Utilities) subject to
all warranty provisions.
G. Contract 87-MMM, Acknowledge of Project Completion (Blackhawk
Glen Third Addition - Streets and Utilities).
It was recommended to acknowledge the completion of Contract
87-MMM (Blackhawk Glen Third Addition - Streets and Utilities)
subject to all warranty provisions.
Gustafson moved, McCrea seconded, the motion to approve the
consent agenda items as presented and authorize their implementation.
All voted in favor.
JANUARY MEETING SCHEDULE
City Administrator Tom Hedges distributed a list of proposed
January meetings (see attached Exhibit "A"). Mr. Hedges explained the
meetings and their various purposes.
Mayor Egan asked legal counsel if a meeting could be held outside
the City limits. City Attorney Jim Sheldon stated that they could and
explained the procedure for approval.
McCrea moved, Gustafson seconded, the motion to set a special
meeting of the Eagan City Council for January 23, 1990 at 7:00 p.m.
at the MASAC meeting of the Metropolitan Airport's Commission. All
voted in favor.
APPLETON AWARD
City Administrator Tom Hedges informed the Council that the City
would receive an award for the Thomas Lake shelter and that this
award represented national recognition.
POLICE CARS
There was discussion regarding the new design of the Eagan police
squad cars.
Page 5/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
PROJECT 443R - FINAL ASSESSMENT HEARING
(O'NEIL - TRUNK STORM SEWER)
McCrea moved, Gustafson seconded, the motion to continue the
final assessment hearing for Project 443R (O'Neil - Trunk Storm
Sewer) to February 6, 1990. All voted in favor.
PROJECT 461 - FINAL ASSESSMENT HEARING
(YANKEE DOODLE ROAD - STREETS AND UTILITIES)
Wachter moved, Gustafson seconded, the motion to continue the
final assessment hearing for Project 461 (Yankee Doodle Road -
Streets and Utilities) to February 6, 1990. All voted in favor.
VACATE UTILITY EASEMENT
THOMAS LAKE ROAD AND DIFFLEY ROAD
Gustafson moved, McCrea seconded, the motion to continue the
public hearing for the vacation of a utility easement at Thomas Lake
Road and Diffley Road to February 6, 1990. All voted in favor.
ICE ARENA PROJECT
City Administrator Tom Hedges introduced the item, presented the
staff report and explained the actions of the Economic Development
Commission. He asked the Council to make a determination as to
whether or not the Commission's role was completed.
Mayor Egan stated that Councilmember McCrea and himself were
present at the meeting. He further stated that the Commission came up
with good issues but questioned resubmission.
Councilmember McCrea stated that she appreciated the EDC's time
and energy. She thought the issue may have been diluted by concerns
of excess retail in the City. She was unsure what resubmission would
accomplish and believed that the Council should move ahead on the
issue. Mayor Egan agreed. Councilmember Gustafson stated that the
item should not go back to the EDC.
Councilmember Pawlenty stated that the EDC minutes were unclear
as to what information was lacking. He stated that the project was
evolving and that the developer and staff should come forward with
the proposal. He commended the developer and the staff for their
efforts.
Councilmember Wachter stated that the EDC did a very good job.
Page 6/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
McCrea moved, Wachter seconded, the motion to not send the ice
arena TIF application back to the Economic Development Commission,
and accept their findings. All voted in favor.
Member Pawlenty stated that if there is time, the completed final
agreement can be sent back to the Commission for review. City
Administrator Hedges informed the Council that he had met with staff
and developers to formulate a plan. He further proposed that the
Economic Development District Plan and the TIF District Plan be
prepared and presented at the January 16, 1990 City Council meeting.
A public hearing could then be scheduled for February 20, 1990. City
Administrator Hedges further stated that the Finance Committee could
also meet in the interim to evaluate the issues and that the staff
would keep the Council informed.
Councilmember McCrea stated that she wished to have financial and
legal issues explained in the process. City Administrator Hedges
stated that he would update the Council with memos. Councilmember
Gustafson stated that it was a great project but that the City and
developer must be creative.
Rollie Crawford, an attorney representing the developer, stated
that they were in full agreement with City Administrator Hedges' plan
of action. Councilmember McCrea asked Mr. Crawford if they had access
to materials interpreting the TIF law. Mr. Crawford stated yes.
Councilmember Pawlenty stated there were two fundamental issues
to be addressed. The first was the City participation. He suggested
that the consultants and staff give the developer some direction
before the next step. Secondly, he raised the question of whether the
City wants public funds to be used to create new retail that would
compete with existing businesses in the area.
John Glenn stated that he feared a bond default but favored the
arena. He felt citizens could pitch in to make the project viable.
Councilmember Wachter stated there was some question about
whether or not the City should finance. He further stated that people
voted down the community center not too long ago. Councilmember
McCrea informed Mr. Glenn that the City was not using bonds for this
project but tax increment financing. She further stated that the TIF
should benefit the City if it is to be used.
Page 7/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
A citizen asked the Council to explain TIF and further stated
that this was an opportunity to work together to accomplish the
project. She supported the project. City Administrator Hedges
explained what TIF was and how it worked.
Doug Lee, 1113 Parkview, stated that TIF financing was not
appropriate for small malls.
Gustafson moved, McCrea seconded, the motion to direct City staff
and bond counsel to prepare the Economic Development District Plan
and the Tax Increment Financing District Plan to be presented at the
January 16, 1990 Council meeting and to further address the policy
issues raised by the applications. All voted in favor.
SELECTION OF AIRPORT CONSULTANT
City Administrator Tom Hedges presented the matter to the
Council. He recommended Jerry Bogan and Associates as the City's
technical consultant and John Herman as the environmental expert.
City Attorney Jim Sheldon explained the potential conflicts of
Mr. Herman and stated he should be appointed subject to disclosure
and consent of the potential conflicts. City Administrator Hedges
stated that the budget constraints would be in the area of
$20,000.00.
Mayor Egan stated that he had no problem with the consultants put
forth but questioned what Bogan would do as far as appearances.
Assistant to the City Administrator Jon Hohenstein informed the
Mayor that Bogan would not be available to appear on the 23rd but
that three trips to the Twin Cities had been budgeted.
Councilmember Pawlenty questioned MAC procedures. Assistant to
the City Administrator Hohenstein explained the procedures and stated
that the issue would be studied for three to six months prior to any
action.
Councilmember Pawlenty stated that legal fees were always
negotiable and staff should be directed to attempt a reduction in
John Herman's hourly rate.
Wachter moved, Pawlenty seconded, the motion to retain the
services of Jerry Bogan and Associates as the City's technical
consultant to review the technical aspects of the quarter operation
and the study that was recently commissioned by the City of Mendota
Page 8/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
Heights and further to retain John Herman as an environmental expert
for the same purpose, with staff to negotiate the legal rates. All
voted in favor.
PRELIMINARY PLAT/CONDITIONAL USE PERMIT/DUCKWOOD SQUARE
City Administrator Tom Hedges presented the matter to the
Council. Community Development Director Dale Runkle reviewed the
staff report.
Wally Kluse, for the developer, stated that they had met staff
conditions and was available for questions. Mayor Egan questioned why
this project was split off from Frank's Nursery. Community
Development Director Dale Runkle explained the rationale.
Councilmember Wachter had questions concerning the nutrient emissions
limitations. Public Works Director Tom Colbert stated that the City
had done a preliminary analysis and that the plans to handle the
emissions were feasible. The developer stated that they would be
working with Frank's to limit these emissions.
Councilmember McCrea had questions concerning the signage. The
developer stated that it would be uniform throughout.
Councilmember Pawlenty stated that the Advisory Planning
Commission was frustrated with the cement block construction and that
the Council should consider revising City standards for construction
materials. The developer presented Coon Rapids photographs showing a
similar design. Councilmember Pawlenty stated the surrounding areas
had brick construction. Councilmember McCrea asked if the developer
would consider going with brick. The developer stated they would have
to start over with their design. Councilmember Gustafson stated that
this design was an attractive motif that set off the surrounding
brick buildings and that sameness would be drab.
Councilmember Wachter stated that they could use colored brick
and that painted block has a maintenance problem. Mayor Egan stated
that the design was not compatible with the surrounding area.
Councilmember Pawlenty stated that the Code should be changed to
allow Council flexibility. The developer stated that they had
incentive to maintain an upscale center and that the final product
would look good.
Councilmember Gustafson stated that the application met all
criteria and recommended approval. Councilmember Pawlenty stated that
he agreed that the Council's hands were tied but that the item could
be continued and the City could review requirements. Councilmember
Page 9/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
Gustafson stated that he was very concerned when a proposal was
before the Council and it didn't act.
Councilmember McCrea questioned if the developer could be bound
to a maintenance agreement. City Attorney Jim Sheldon stated there
were two issues: 1) the City-wide maintenance code and 2) private
contract. Councilmember McCrea stated that she shared Councilmember
Gustafson's concerns. Mayor Egan agreed. Councilmember Gustafson
stated that the project could change for the worse and that the
Council could only do the best they could. Councilmember Pawlenty
stated that cement blocks weren't acceptable but that it was unfair
that this application was the forum for the debate.
Councilmember Wachter stated that the Council would have to work
with what they had.
Wachter moved, Gustafson seconded, the motion to approve a
preliminary plat for Duckwood Square/Metro Center Developers for one
lot on approximately 4.3 acres of Community Shopping Center zoned
property located on the south side of Duckwood Drive, west of Denmark
Avenue in the northwest quarter of Section 15 subject to the
following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B2, B3, C1, C2, C4, C5, El, F1 and G1.
2. All rooftop mechanical equipment shall be screened.
3. Trash and recycling enclosures shall be located indoors or
attached, made from the same building material and not visible from
the streets.
4. An ingress/egress easement shall be executed.
5. The pylon sign shall be subject to a one-time sign fee of
$2.50 per square foot.
6. Field staking of plant material shall be reviewed by City
staff prior to installation.
Page 10/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
7. Irrigation shall be provided.
8. The development is required to provide a six cfs storm sewer
outlet to the westerly adjacent property.
9. The development is required to coordinate the construction of
the northwesterly access from Duckwood Drive to the proposed site
with the westerly adjacent property.
10. The development is required to limit nutrient loading to
fishlake to pre-development levels.
11. A 40 foot half right-of-way is required for Duckwood Drive.
12. No outside sales or displays shall be allowed.
13. All automobile service center vehicles and customer cars
waiting for repair or pick-up shall be parked on the south side of
the strip center.
14. If a shortage occurs, the City has the right to require that
additional parking stalls be provided if deemed necessary by the
Engineering Department.
15. The present easements over the front of the center are to be
vacated prior to final plat.
Councilmember McCrea proposed an amendment to the motion
requiring all signs to be mounted in a specific sign area.
The amendment was not accepted by the maker or the seconder of
the motion.
Egan, Wachter, Gustafson and Pawlenty voted in favor; McCrea
voted against.
Page 11/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
Gustafson moved, Pawlenty seconded, the motion to approve a
conditional use permit to allow a Class II restaurant, a conditional
use permit to allow tire and automotive repair, and a pylon sign on
approximately 4.3 acres of Community Shopping Center zoned property
located on the south side of Duckwood Drive, west of Denmark Avenue
in the northwest quarter of Section 15. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea voted against.
Egan moved, Pawlenty seconded, the motion to set the study of
building materials on the agenda for the January 30, 1990 meeting.
All voted in favor.
CONDITIONAL USE PERMIT/MICHAEL AND PATRICK HAUPT
City Administrator Tom Hedges introduced the matter to the
Council. The applicant stated that he was available for questions.
McCrea moved, Gustafson seconded, the motion to approve a
conditional use permit to allow a Class II (fast food) restaurant in
a Community Shopping Center district located on Lot 1, Block 1,
Thomas Lake Centre Addition at the northwest intersection of Cliff
and Thomas Lake Roads in the southwest quarter of Section 28. All
voted in favor.
PRELIMINARY PLAT/BLACKHAWK ACRES 3RD ADDITION
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle presented the
application summary. Wayne Cordes, representing the developer, stated
he was available for questions and that they were working with the
neighbors to install a fence.
Vicki Vermalind stated she was concerned with the sharp drop.
John Westley, 1747 Bluebill, had environmental concerns and
retaining wall concerns. The developer stated that they could install
a barrier prior to construction.
Gustafson moved, Wachter seconded, the motion to approve a
preliminary plat for 14 townhouse lots on 2.1 acres of Townhouse
Residential zoned land located on the west side of Robin Lane, west
of Blackhawk Road in the southeast quarter of Section 17 as requested
by Les Duoos and Associates subject to the following conditions:
Page 12/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, Bi,
C1, C2, C4, C5, D1, El, F1 and G1.
2. Easements will be required on the water and sewer lines which
serve the development.
3. The development is required to submit detailed plans and
specifications for the proposed retaining wall for City staff review
and comment prior to final plat.
4. The development is required to provide limited visibility
fencing.
5. The development is required to provide a suitable barrier
along the edge of the border for safety reasons due to the retaining
walls as required by staff.
All voted in favor.
CONDITIONAL USE PERMIT/WEST PUBLISHING COMPANY/
RADIO TOWER
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle reviewed the
staff report.
Steve Bryant, for West Publishing, explained the need for the
tower. He gave details of the tower construction. Councilmember
Wachter stated there were similar towers in the City.
Wachter moved, McCrea
conditional use permit to a
district located on Lot 1,
north of Wescott Road and
quarter of Section 13 subject
in favor.
seconded, the motion to approve a
flow a radio tower in a Light Industrial
Block 2, West Publishing 2nd Addition,
west of Highway 149 in the southeast
to all applicable ordinances. All voted
Page 13/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
WEST PUBLISHING COMPANY 4TH ADDITION - WEST PUBLISHING COMPANY
City Administrator Tom Hedges introduced the matter to the
Council. Community Development Director Dale Runkle presented the
staff report and stated that January 18 was the scoping decision to
define the EIS areas. He stated that an indirect source permit was
also required. Mr. Runkle further referenced the Yankee Doodle access
relocation requested by the County and stated the City did not
approve of this relocation.
Steve Bryant, for West Publishing, explained the planning history
of the site. He stated that an environmental impact statement would
consider the environmental issues. He gave a brief overview of the
project. Mayor Egan asked what future uses were projected for the
rezoned residential area. Mr. Bryant stated that the uses may be
office or parking lot.
Councilmember Wachter asked if the trees would be disturbed in
the buffer area. Mr. Bryant replied that the trees would not be
disturbed. Councilmember Wachter requested deepening the existing
ponds and retaining the water prior to discharge. Mr. Bryant
described the pond. Consulting engineer, Bob Rosene, stated that
there were no problems with the ponds. Mayor Egan requested Phase I
office details. Mr. Bryant described these details.
Tom Johnston, a neighbor, commended West on the plan but did have
height limitation concerns. Steve Bryant stated that West was willing
to limit the height. Councilmember Wachter stated that the access
onto Yankee Doodle was fine in its present location and that the West
plan was commendable. Councilmember Pawlenty stated that neighbors
were generally supportive of the project when it was explained in
detail and that the zoning exchange was a good trade-off. Mayor Egan
agreed.
Steve Bryant stated that a height limitation of 40 feet in the
R-1 and R-4 areas would be acceptable to West. Councilmember McCrea
complimented the developer.
Tom Johnston stated that the intersection of Elrene and Yankee
Doodle may create a danger upon development and that he wanted the
height limitation to be 30 feet. Public Works Director Tom Colbert
explained that Yankee Doodle and Elrene Roads would be upgraded
within five years.
Page 14/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
City Attorney Jim Sheldon stated that he had environmental impact
statement and environmental worksheet concerns. He informed the
Council that information may be needed before the Comp Guide was
changed. Steve Bryant informed the Council that this action was
merely preliminary. City Attorney Sheldon informed the Council that
they could direct staff to prepare a PD Agreement and finalize the
preliminary plat and submit the Comprehensive Guide Plan to the
Metropolitan Council and act upon the preliminary plat and zoning
upon approval of the Met Council. He further informed the Council
that this would not slow the process. Community Development Director
Dale Runkle informed the Council that everything should be back to
the Council by approximately May 15.
McCrea moved, Gustafson seconded, the motion to approve a
resolution for a Comprehensive Guide Plan amendment changing the
guided uses from D-III, D-II and D-I to Industrial on approximately
112.56 acres located in the southeast corner of the intersection of
Elrene and Yankee Doodle Roads on the west side of State Highway 49
in Section 13 as requested by West Publishing Company for West
Publishing 4th Addition. All voted in favor.
R-90.1
McCrea moved, Gustafson seconded, the motion to direct staff to
draft a Planned Development Agreement for West Publishing Company 4th
Addition. All voted in favor.
Councilmember Pawlenty stated that residents should be kept
informed of the various proceedings.
Wachter moved, Gustafson seconded, the motion to approve a
preliminary plat for six lots and one outlot on approximately 208
acres located in the southeast corner of the intersection of Elrene
and Yankee Doodle Roads on the west side of State Highway 49 in
Section 13 as requested by West Publishing Company for West
Publishing Company 4th Addition subject to Metropolitan Council
approval of the Comprehensive Guide Plan and the following
conditions:
1. These standard plat conditions shall be adhered to: Al, B1,
B2, B3, B4, C1, C2, C3, C4, C5, D1, E1, F1 and Gi.
2. This approval is conditional on meeting all requirements of
the environmental review process in accordance with the Minnesota
Rules Parts 4410.0200 through 4410.7800.
Page 15/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
3. The development is obligated for its share of one-half the
cost of upgrading Elrene Road to its ultimate design section in
accordance with City policy requirements in effect at the time of the
improvement.
4. The development shall direct all the site generated storm
water runoff which is proposed to drain easterly across Trunk Highway
149 (approximately 31 acres) westerly to the proposed "West
Publishing Pond" (Pond JP-16B) and proposed JP-14A, or the
development is responsible for obtaining regulatory agency permits
associated with crossing the railroad and the state highway as well
as costs associated with acquisition of easements necessary for the
outlet for Pond GP-5.
5. The development is required to submit detailed plans and
specifications for the proposed retaining wall construction for City
staff review prior to final plat approval.
6. The development is required to provide sufficient wet pond
volume for water quality requirements and sufficient storage volume
requirements for water quality requirements to accommodate the
additional area which was proposed to drain easterly to Pond GP-5 in
accordance with City requirements.
7. The development and outlot for proposed Pond JP-14A located in
the northwesterly portion of the development is required with any
development in the drainage basin tributary to Pond JP-14A.
All voted in favor.
CDBG FUNDS FOR PRESERVATION OF THE OLD TOWN HALL
City Administrator Tom Hedges introduced the matter and explained
that the City was eligible for these funds.
Councilmember McCrea asked how the funding worked. Community
Development Director Dale Runkle explained. Councilmember McCrea
stated that she would like to see the funds used for senior or
affordable housing.
Page 16/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
Wachter moved, Gustafson seconded, the motion to approve a
designation of CDBG funds for the preservation of the old town hall
project. All voted in favor.
CITY WIDE TRAILS DEDICATION POLICY
City Administrator Tom Hedges introduced the item and presented
the staff report. He stated that the staff needed direction on the
matter.
Mayor Egan stated that his main concern was the size of the fund.
Director of Parks and Recreation Ken Vraa explained the rationale for
the funding method.
Mayor Egan stated that a substantial portion of the trail was
developed.
There was further discussion regarding funding alternatives.
Mayor Egan asked if the policy were legally sound. City Attorney
Jim Sheldon stated that there was a reasonable nexus for the
extraction fee requirement. Mayor Egan stated that he would prefer to
err on the side of the Park Committee recommendations.
Councilmember Gustafson stated he felt the residential properties
used trails more than the industrial properties. Mr. Vraa explained
the rationale for the policy. Councilmember Gustafson stated that
charging the commercial more was unfair. Councilmember McCrea agreed
and stated that the trail fee shouldn't be separate from the park
fee.
There was more discussion regarding the fee structure.
Wachter moved, Gustafson seconded, the motion to approve the
recommendation of the APRC to change the park dedication policy by
separating the dedication for trails as opposed to the current
combined trail and park dedication. Egan, Wachter, Gustafson, and
Pawlenty voted in favor; McCrea voted against.
SCATTERED SITE LOW RENT HOUSING
City Administrator Tom Hedges introduced the item to the Council
and presented the staff report.
Mark Ulfers, representative from the HRA, was available for
questions.
Page 17/EAGAN CITY COUNCIL MEETING MINUTES
JANUARY 4, 1990
Councilmember McCrea stated that a lack of low income housing
creates homelessness.
McCrea moved, Gustafson seconded, the motion to approve a
resolution that would provide the Dakota County Housing and
Redevelopment Authority with a new cooperation agreement allowing the
acquisition of twenty (20) units of scattered site low rent housing
throughout Dakota County with the understanding that this agreement
would designate ten (10) units of scattered site housing for the City
of Eagan. All voted in favor.
1990 BOARD OF REVIEW MEETING
McCrea moved, Gustafson seconded, the motion to ratify the 1990
Board of Review/Equalization meeting for Tuesday, April 24, 1990. All
voted in favor.
Councilmember
these meetings.
Wachter moved,
dated January 2,
favor., and January 4,
Wachter stated that the County Board should hold
CHECKLISTS
Egan seconded, the motion to approve the checklist
1990 in the amount of $247,704.88. All voted in
1990 in the amount of $84,945.20.
EXECUTIVE SESSION
The City Council adjourned the regular meeting to executive
session to consider attorney/client privilege information at 10:30
p.m. Present at the executive session were Mayor Egan, Councilmembers
Wachter, Gustafson, McCrea and Pawlenty, City Administrator Tom
Hedges, City Attorney Jim Sheldon and Assistant City Attorney Joe
Earley. Executive session was adjourned at 11:00 p.m.
CITY OF EAGAN
E. . VanOverbeke, City Clerk
Thursday, January 4
Tuesday, January 9
Tuesday, January 16
Monday, January 22
Tuesday, January 23
Thursday, January 25
Tuesday, January 30
Monday, February 5
k ?' P<
JANUARY MEETING SCHEDULE
6:30 Regular City Council Meeting
5:30 Dinner;
6:00 Interviews - Special City Council
Meeting
Purpose: Interview All Commission
Applicants
6:30 Regular City Council Meeting
7:00 Commission orientation/Optional
7:00 MASAC Mtg. @ Metropolitan
Airports Commission/Optional
Time Special City Council Meeting
T.B.A. (Organizational Issues)
Time Special City Council Meeting
Purpose: Liquor License Policy
Review, Storm Water Management
Plan and Storm Water Utility
Rate
8:00 A.M. Layne Longfellow Presentation
(8:00 - Noon @ Inver Hills
College)
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 9, 1990
A special meeting of the Eagan City Council was held on Tuesday,
January 9, 1990, at 5:30 p.m. at the Eagan Municipal Center building. Present
were Mayor Egan and City Councilmembers Gustafson, McCrea, Pawlenty and Wachter.
Also present was City Administrator Hedges. The purpose of the meeting was to
interview residents who are seeking appointment to one of the City's advisory
commissions which include Advisory Planning Commission, Advisory Parks and
Recreation Commission, Economic Development Commission, Burnsville/Eagan Cable
Communications Commission and Airport Relations Commission.
Mayor Egan and City Councilmembers interviewed 35 of the 46 persons
who were applying for a commission appointment. Interviews were ten (10) minutes
in length and ended at approximately 11:20 p.m. Mayor Egan stated that a ballot
would be prepared containing the names of all the persons who had applied for
a commission appointment and that a selection would be made as a part of the
Organizational Business at the January 16 City Council meeting.
OTHER BUSINESS/ADJOURNMENT
There being no further business, the meeting was adjourned at
approximately 11:30 p.m.
A_ C_k . ) gciO
Dated
TLH
City Clerk
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 16, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
January 16, 1990, at the Eagan Municipal Center. Present were Mayor
Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also
present were City Administrator Tom Hedges, Community Development
Director Dale Runkle, Public Works Director Tom Colbert, and City
Attorney James Sheldon.
AGENDA
Wachter moved, Gustafson seconded, the motion to approve the
agenda as presented. All voted in favor.
MINUTES
January 4, 1990.
Councilmember Pawlenty requested the following corrections:
Page 7, paragraph 9, the word "rights" should be changed to
"fees".
Page 6, paragraph 5, the second and third sentences should read
"The first was the City's participation. He suggested that the
consultants and staff give the developer some direction before the
next step."
Councilmember Wachter questioned the motion on page 4 regarding
the January 23, 1990 City Council meeting. City Administrator Tom
Hedges stated the motion was correct but that the plan had since
changed.
Wachter moved, Gustafson seconded, the motion to set a special
meeting of the Eagan City Council for January 23, 1990 at 6:30 p.m.
at the Eagan Municipal Center. All voted in favor.
Councilmember Wachter requested a change on page 13, paragraph 3,
the third sentence should read "Councilmember Wachter requested
deepening the existing ponds and retaining the water prior to
discharge."
Councilmember Gustafson requested a correction on page 8,
paragraph 3; "Wally Cluse" should be corrected to "Wally Kluse".
Mayor Egan requested the following corrections:
Page 2/EAGAN CITY COUNCIL MINUTES
January 16, 1990
Page 16, the last paragraph should read "Mark Ulfers,
representative from the HRA, was available for questions.
Page 14, paragraph 2, "280 acres" should be corrected to "208
acres".
Wachter moved, Gustafson seconded, the motion to approve the
minutes for the January 4, 1990 regular Council meeting as amended.
All voted in favor.
PUBLIC WORKS DEPARTMENT/DISPOSAL OF EXCESS CITY PROPERTY
PROJECT 548 - CLIFF ROAD WATER TREATMENT FACILITY
Gustafson moved, McCrea seconded, the motion to authorize the
disposal of excess surplus City property for the structure located at
the northeast corner of Pilot Knob and Cliff Roads and authorize the
advertisement for competitive bids. All voted in favor.
AIRPORT RELATIONS COMMITTEE/MASAC/NORTHWEST AIRLINES LEASE
DC-9 AIRCRAFT
McCrea moved, Wachter seconded, the motion to adopt the position
as recommended by the Airport Relations Committee with respect to the
Northwest Airlines Lease of fourteen DC-9-40 aircraft. All voted in
favor.
CONSENT AGENDA
A. Personnel Items.
1. Approval of Leave Without Pay/Richard Robohm.
It was recommended to approve a leave of absence without pay
exceeding thirty days for Richard Robohm, utility maintenance worker.
2. Safety Manual.
It was recommended to approve the safety manual for the employees
of the City of Eagan.
B. Plumbers Licenses.
It was recommended to approve the plumbers licenses as presented.
Page 3/EAGAN CITY COUNCIL MINUTES
January 16, 1990
C. License, Off-Sale Beer for Holiday Service Station No. 247,
3615 Pilot Knob Road.
It was recommended to approve the off-sale non-intoxicating malt
liquor license for Holiday Station No. 247, 3615 Pilot Knob Road.
D. Agreement, Joint Powers for 1990 Recycling Program Funding
Between the City of Eagan and Dakota County.
It was recommended to approve the 1990 Joint Powers Agreement for
Recycling Program Funding between the City of Eagan and Dakota
County.
E. 1990 Hauler Recycling Compensation.
It was recommended to approve the Solid Waste Abatement
Commission recommendation to set the tonnage payment level at $30.00
per ton of documented recyclable material collected in the City of
Eagan from January 1, 1990 to December 31, 1990.
F. Squad Car, Replacement for Investigation/Police Department.
It was recommended to approve the purchase of a replacement squad
car for Investigation from Freeway Ford.
G. Contract 88-24, Approve Change Order No. 4 (Lexington Avenue
Reservoir).
It was recommended to continue and further review Change Order
No. 4 to Contract 88-24 (Lexington Avenue Reservoir) to New Business
at this meeting.
H. Approve Joint Powers Agreement (Street Striping).
It was recommended to approve the Joint Power Agreement for 1990
street striping and authorize the Mayor and City Clerk to execute all
related documents.
I. Contract 88-34, Approve Change Order No. 3 (Alden Ponds -
Street and Utilities).
It was recommended to approve Change Order No. 3 to Contract
88-34 (Alden Pond - Streets and Utilities) and authorize the Mayor
and City Clerk to execute all related documents.
Page 4/EAGAN CITY COUNCIL MINUTES
January 16, 1990
J. Contract 88-35, Approve Change Order No. 2 (Hidden Valley -
Trunk Sanitary Sewer).
It was recommended to approve Change Order No. 2 to Contract
88-35 (Hidden Valley - Trunk Sanitary Sewer) and authorize the Mayor
and City Clerk to execute all related documents.
K. Contract 88-11, Approve Change Order No. 1 (Woodlands Addition
- Trunk Storm Sewer Lift Station).
It was recommended to approve Change Order No. 1 to Contract
88-11 (Woodlands Addition - Trunk Storm Sewer Lift Station) and
authorize the Mayor and City Clerk to execute all related documents.
L. Contract 89-08, Approve Change Order No. 1 (Well No. 14 -
Pumphouse).
It was recommended to approve -Change Order No. 1 for Contract
89-08 (Well No. 14 - Pumphouse) and authorize the Mayor and City
Clerk to execute all related documents.
M. Contract 88-21, Acknowledge Completion/Authorize Final Payment
(Cliff Lake Centre - Grading and Utilities).
It was recommended to approve the seventh and final payment for
Contract 88-21 (Cliff Lake Centre - Grading and Utilities) to Arcon
Construction Company in the amount of $8,046.87 and acknowledge
completion of the work for City maintenance obligations subject to
appropriate warranty provisions.
N. Contract 88-23, Acknowledge Completion/Authorize Final Payment
(Cliff Lake Centre - Streets and Signals).
It was recommended to approve the ninth and final payment for
Contract 88-23 (Cliff Lake Centre - Streets and Signals) to S.M.
Hentges & Sons, Inc., in the amount of $15,242.12 and acknowledge
completion of the work for City maintenance obligations subject to
appropriate warranty provisions.
0. Contract 88-11, Acknowledge Completion /Authorize Final Payment
(Hurley Lake and Woodlands Addition - Trunk Storm Sewer Lift
Station).
It was recommended to approve the seventh and final payment for
Contract 88-11 (Hurley Lake and Woodlands Addition - Trunk Storm
Sewer) to S.M. Hentges & Sons, Inc., in the amount of $7,508.23 and
Page 5/EAGAN CITY COUNCIL MINUTES
January 16, 1990
acknowledge completion of the work for City maintenance obligations
subject to appropriate warranty provisions.
P. Contract 88-35, Acknowledge Completion/Authorize Final Payment
(Hidden Valley - Trunk Sanitary Sewer).
It was recommended to approve the fifth and final payment for
Contract 88-35 (Hidden Valley - Trunk Sanitary Sewer) to S.M. Hentges
& Sons, Inc., in the amount of $8,438.00 and acknowledge completion
of the work for City maintenance obligations subject to appropriate
warranty provisions.
Q. Protect 543R, Authorize Condemnation of Easements (Skyline
Road - Streets and Utilities).
It was recommended to authorize the condemnation of easements for
Project 543R (Skyline Road - Streets and Utilities) and retain a
professional appraiser. R. Contract 88-17, Acknowledge Completion/Authorize Final Payment
(Cedarvale Boulevard).
It was recommended to approve the third and final payment for
Contract 88-17 (Cedarvale Boulevard - Overlay) in the amount of
$44,122.60 to Midwest Asphalt Corporation acknowledging its
completion and authorizing city maintenance, subject to all
appropriate warranties.
S. Resolution, Designation of the Town Hall as a Local Landmark
of Historical Significance.
It was recommended to adopt the resolution designating the Eagan
Town Hall as a local landmark of historical significance.
McCrea moved, Gustafson seconded, the motion to approve the
consent agenda items as presented and authorize their implementation,
except for Item G - Contract 88-24, Approve Change Order No. 4
(Lexington Avenue Reservoir). All voted in favor.
R-90.1.1
Page 6/EAGAN CITY COUNCIL MINUTES
January 16, 1990
1990 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS
A. ADVISORY COMMISSION APPOINTMENTS:
Advisory Planning Commission
The following members were appointed to the Advisory Planning
Commission:
1. Three-year terms: Gary Graves and Scott Merkley;
2. One-year term: Dan Hoeft; and
3. One-year alternate term: Joyce Staeheli.
Advisory Parks and Recreation Commission
The following members were appointed to the Advisory Parks and
Recreation Commission:
1. Three-year terms: Shawn Hunter and Sandi Wensmann; and
2. One-year alternate term: John Griggs.
Airport Relations Commission
The following members were appointed to the Airport Relations
commission:
1. Three-year terms: Larry Alderks and Robert Hafvenstein;
2. Two-year term: Cynthia Ellis;
3. One-year terms: Sandra Masin and Jerry Woelfel; and
4. One-year alternate terms: Becky Newell and George Martin.
Economic Development Commission
The following members were appointed to the Economic Development
Commission:
1. Three-year terms: Corporate - Larry Wenzel;
Financial - Kirk Duholm; and
Utility - Eldon Johnson.
Page 7/EAGAN CITY COUNCIL MINUTES
January 16, 1990
Joint Burnsville/Eagan Cable Communications Commission
The following members were appointed to the Joint
Burnsville/Eagan Cable Commission as follows:
1. Three-year terms: Susan Shaffer and Nick Choban; and
2. One-year alternate term: Jim Unker.
Joint Burnsville/Eagan Cable Communications Commissionmember Terms
Pawlenty moved, McCrea seconded, the motion to direct the
preparation of an amendment to the Burnsville/Eagan Cable
Communications Commission Joint Powers Agreement extending regular
member terms to three years with the term of the alternate to be at
the discretion of the individual cities. All voted in favor.
Gun Club Lake Watershed Management Organization
Pawlenty moved, Wachter seconded, the motion to approve the Gun
Club Lake Watershed Management Organization's request to appoint
members to terms at the pleasure of the Council on the Organization
and to fill vacancies only as they occur. All voted in favor.
Special Assessments Committee
Gustafson moved, Pawlenty seconded, the motion to disband the
Special Assessment Committee. All voted in favor.
McCrea moved, Wachter seconded, the motion to establish an
internal Assessments Committee consisting of the Director of Finance,
Director of Public Works, City Attorney and City Administrator, with
a Councilmember present at key meetings. All voted in favor.
B. ACTING MAYOR:
Mayor Egan appointed Councilmember Wachter as Acting Mayor.
McCrea moved, Gustafson seconded, the motion to ratify the
appointment of Councilmember Ted Wachter as Acting Mayor. All voted
in favor.
Page 8/EAGAN CITY COUNCIL MINUTES
January 16, 1990
C. LEGAL NEWSPAPER:
Wachter moved, McCrea seconded, the motion to approve retaining
This Week Newspapers (Dakota County Tribune) as the City of Eagan's
official legal newspaper. All voted in favor.
D. CITY COUNCIL MEETINGS:
Pawlenty moved, Wachter seconded, the motion to designate the
first and third Tuesdays of each month at 6:30 p.m. for the official
City Council meetings, and designated the alternate dates for the
conflicting meeting dates as follows: May 17, 1990; July 10, 1990 and
November 8, 1990. All voted in favor.
E. STANDING COMMITTEE APPOINTMENTS:
Mayor Egan appointed Councilmembers to serve on the various
standing committees as follows:
1. Councilmember McCrea and Councilmember Pawlenty were appointed
to the Personnel Committee, with Councilmember McCrea as Chairperson;
2. Councilmember Pawlenty and Mayor Egan were appointed to the
Finance Committee, with Councilmember Pawlenty as Chairperson ; and
3. Councilmember Wachter and Councilmember Gustafson were
appointed to the Public Works Committee, with Councilmember Gustafson
as Chairperson.
Wachter moved, Gustafson seconded, the motion to ratify the
appointments of Councilmembers to serve on various standing
committees. All voted in favor.
F. RECORDING OF MINUTES:
Gustafson moved, Pawlenty seconded, the motion to approve the
recording of City Council minutes in action minute form and the
Advisory Planning Commission minutes in the traditional form, with
all tape recordings of the minutes to be kept for an indefinite
period of time. McCrea, Gustafson, Pawlenty and Egan voted in favor;
Wachter voted against.
Page 9/EAGAN CITY COUNCIL MINUTES
January 16, 1990
G. LIMITATION OF TERMS:
Egan moved, Wachter seconded, the motion to rescind the 3-year
term limitation policy regarding Commission appointments. Egan and
Wachter voted in favor; McCrea, Pawlenty and Gustafson voted against.
The motion failed.
Councilmember McCrea left the meeting at this time due to
illness.
PROJECT 584/RAHN ROAD/STREET AND UTILITY RECONSTRUCTION
Wachter moved, Gustafson seconded, the motion to close the public
hearing and approve Project 584 (Rahn Road - Street and Utility
Reconstruction) subject to the following modifications: (1)
Restricting parking within 36 feet; (2) No sidewalk on the west, with
a trail on the east; (3) Attempt to save the trees; and (4) An
additional four feet of space between the curb and the trail - 44
feet south of Diffley; and authorize the preparation of detailed
plans and specifications and related easement acquisition through
condemnation if necessary. Egan, Wachter, Gustafson and Pawlenty
voted in favor; McCrea was absent.
PROJECT 587/COVENTRY PASS 2ND ADDITION/STORM SEWER
Wachter moved, Gustafson seconded, the motion to close the public
hearing and approve Project 587 (Coventry Pass 2nd Addition - Storm
Sewer) and authorize the preparation of detailed plans and
specifications. Egan, Wachter, Gustafson and Pawlenty voted in favor;
McCrea was absent.
PROJECT 585/WEST PUBLISHING 3RD ADDITION/STORM SEWER
Gustafson moved, Wachter seconded, the motion to close the public
hearing and approve Project 585 (West Publishing 3rd Addition - Storm
Sewer) and authorize the preparation of detailed plans and
specifications. Egan, Wachter, Gustafson and Pawlenty voted in favor;
McCrea was absent.
PROJECT 567R/EFFRESS ADDITION/STORM SEWER
Pawlenty moved, Wachter seconded, the motion to close the public
hearing and approve Project 567R (Effress Addition - Storm Sewer),
with the City parcel also being assessed, and authorize the
preparation of detailed plans and specifications. Egan, Wachter,
Gustafson and Pawlenty voted in favor; McCrea was absent.
Page 10/EAGAN CITY COUNCIL MINUTES
January 16, 1990
PROJECT 549R/STRATFORD OAKS ADDITION/SANITARY AND STORM SEWER
Gustafson moved, Pawlenty seconded, the motion to close the
public hearing and continue Project 549R (Stratford Oaks Addition -
Sanitary and Storm Sewer) to the February 6, 1990 City Council
meeting. Egan, Gustafson, Wachter and Pawlenty voted in favor; McCrea
was absent.
ICE ARENA PROJECT/TRI-LAND/TIF
Pawlenty moved, Gustafson seconded, the motion to direct the City
staff and consultants to further address the Tax Increment Financing
Plan for the ice arena project as presented by Tri-Land Properties
and report back at the February 6, 1990 City Council meeting. Egan,
Wachter, Gustafson and Pawlenty voted in favor; McCrea was absent.
Gustafson moved, Wachter seconded, the motion to approve the
expense agreement requiring payment or reimbursement for
out-of-pocket expenses paid or incurred by the City for the
processing of the TIF application for the ice arena project as
presented by Tri-Land Properties. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
SENECA WASTE WATER TREATMENT PLANT/PRESENTATION BY CITIZENS
Egan moved, Gustafson seconded, the motion to proceed with the
full hearing process before an Administrative Judge for considering
the DNR Water Appropriation Permit in connection with the Seneca
Waste Water Treatment Plant. Egan, Wachter, Gustafson and Pawlenty
voted in favor; McCrea was absent.
SENECA ODOR CONTROL ADVISORY COMMITTEE/CONSULTANT
Gustafson moved, Wachter seconded, the motion to direct the
City's consultant (Metcalf & Eddy Services, Inc.) to make on-site
inspection of odor control improvements at the Seneca Plant. Egan,
Wachter, Gustafson and Pawlenty voted in favor; McCrea was absent.
Egan moved, Gustafson seconded, the motion to direct staff to
further review the state's compliance with the DNR permit and
determine the City's options and report back to the Council at the
February 6, 1990 City Council meeting. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
Page 11/EAGAN CITY COUNCIL MINUTES
January 16, 1990
POPPLER HOMESTEAD NO. 2/PRELIMINARY PLAT/REZONING
Gustafson moved, Wachter seconded, the motion to approve a
rezoning of 4.55 Agricultural acres to a Single Family district as
requested by Lawrence G. Poppler. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
Wachter moved, Egan seconded, the motion to approve a preliminary
plat consisting of three single family lots located on the south side
of Lone Oak Road, east of Pilot Knob Road in the northwest quarter of
Section 10, as requested by Lawrence Poppler for the Poppler
Homestead No. 2, subject to the following conditions:
1. These standard conditions of plat approval as adopted by
Council action on September 15, 1987 shall be complied with: Al, B1,
B2, B3, B4, C1, C2, C5, D1, El, F1, and G1.
2. The development is required to upgrade the existing
substandard bituminous roadway in accordance with the City Code
requirements but allowing a 24 foot width.
3. The development is required to include the dedication of a
public road right-of-way for Poppler Lane in the final plat.
4. The development is required to extend sanitary sewer and water
service to the right-of-way line of each platted parcel.
5. The development is required to revise the existing ponding
easement for Pond DP-15 to include all the areas up to the defined
highwater level as identified in the City's Comprehensive Storm Sewer
Plan.
6. The development is required to provide a ponding easement for
(Pond DP-2) Lemay Lake to the defined high water level as identified
in the City's Comprehensive Storm Sewer Plan.
7. Ten foot setback variances from Lone Oak Road and Poppler Lane
shall be permitted with the approval of this plat.
Page 12/EAGAN CITY COUNCIL MINUTES
January 16, 1990
8. Lots 7, 8 and 9 shall be renumbered to Lots 1, 2 and 3.
Egan, Wachter, Gustafson and Pawlenty voted in favor; McCrea was
absent.
CONTRACT 88-24/LEXINGTON AVENUE RESERVOIR/CHANGE ORDER NO. 4
Egan moved, Gustafson seconded, the motion to approve Change
Order No. 4 to Contract 88-24 (Lexington Avenue Reservoir) and
authorize the Mayor and City Clerk to execute all related documents.
Egan, Gustafson and Pawlenty voted in favor; Wachter voted against;
McCrea was absent.
PROJECT 543R/MURRAY EASEMENT
Gustafson moved, Wachter seconded, the motion to approve an
agreement with Robert Murray to grant a permanent easement in
connection with Project No. 543R. Egan, Wachter, Gustafson and
Pawlenty voted in favor; McCrea was absent.
CHECKLIST'S
Wachter moved, Egan seconded, the motion to approve the checklist
dated December 31, 1989 in the amount of $684,096.80, the checklist
dated January 15, 1990 in the amount of $509,684.62 and the checklist
dated January 16, 1990 in the amount of $391,588.53. Egan, Wachter,
Gustafson and Pawlenty voted in favor; McCrea was absent.
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney/client privileged information at 2:40
a.m. The executive session was adjourned at 3:00 a.m.
CITY OF EAGAN
E. VanOverbeke, City Clerk
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 23, 1990
A special meeting of the Eagan City Council was held on Tuesday,
January 23, 1990 at 6:30 p.m. at the Eagan Municipal Center building. Present
were Mayor Egan and City Councilmembers Gustafson, Pawlenty and Wachter. City
Councilmember McCrea was absent due to a work-related injury. Also present was
City Administrator Hedges.
1990 WORK PROGRAM
City Administrator Hedges reviewed a proposed work program for the
first six (6) months of 1990 that includes a strategic planning retreat for City
Council and department heads, a presentation before MASAC and the need for City
Council workshops. City Councilmembers concurred with the purpose and necessity
for workshops and advised that our workshop sessions begin at 5:30 p.m. and end
no later than 8:30 p.m. City Administrator Hedges also reviewed the
administrative work program for his department, highlighting a number of issues
that will evolve as public policy action items before the City Council.
There was no formal action required, however, City Councilmembers
expressed their appreciation for the coordination of the proposed work program.
OTHER BUSINESS
City Administrator Hedges reviewed several items of business
including a new color design for the City newsletter, a review of the AMM's
position on tax increment financing and direction regarding clerical and police
contract negotiations. Mayor Egan announced that the official special City
Council meeting would adjourn and that members were encouraged to attend the
MASAC meeting for the purpose of addressing Northwest Airlines lease of fourteen
(14) DC-9-40 aircraft.
ADJOURNMENT
The meeting adjourned at approximately 7:45 p.m. Mayor Egan, City
Councilmember Wachter and the City Administrator proceeded on to the MASAC
meeting for the purpose as stated.
TLH
Dated
City Clerk
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
January 30, 1990
A special meeting of the Eagan City Council was held on Tuesday,
January 30, 1990, at 5:30 p.m. at the Eagan Municipal Center building. Present
were Mayor Egan and City Councilmembers Gustafson, McCrea, Pawlenty and Wachter.
Also present were Director of Finance VanOverbeke, Administrative Assistant Witt,
City Attorney Sheldon, Director of Public Works Colbert, Parks Superintendent
VonDeLinde, Director of Parks and Recreation Vraa and City Administrator Hedges.
ON-SALE/OFF-SALE LIQUOR LICENSE POLICY
City Administrator Hedges stated that by action of the City Council
at the December 5, 1989 regular Council meeting, a moratorium was placed on the
consideration of both on-sale and off-sale liquor licenses until the City Council
had an opportunity to discuss the liquor license policy/ordinance as it pertains
to both types of liquor licensing. He stated that the City Clerk's office has
completed a chronology for both on-sale and off-sale liquor licenses which also
includes a historical review of various policies that have existed for the
issuance of both off-sale and on-sale liquor licenses. The City Administrator
recommended for discussion purposes that the off-sale and on-sale liquor license
policies be discussed separately. Director of Finance VanOverbeke provided a
brief history on various City policies relating to the issuance of off-sale
liquor licenses stating that the most recent policy was adopted on July 15, 1986
that considered four (4) specific conditions that establish policy for the
issuance of off-sale liquor licenses. City Councilmembers discussed the four
(4) conditions and raised several issues of interpretation regarding condition
#3 "No additional off-sale liquor license will be approved until August 1 of each
year, commencing on August 1, 1988". The Director of Finance stated that this
condition was interpreted by staff as a one-time transition, allowing any number
of licenses to be issued after the August 1, 1988 date as long as the number of
licenses conformed to the ratio of one license for each 2,000 households listed
under condition #1. Mayor Egan and City Councilmember Wachter indicated the
difference to the interpretation stating that the City could only consider one
license each year after the August 1 date, assuming that the license application
conforms to the other conditions.
There were a number of guidelines discussed by the City Council that
included a tightening of the regulations by the re-establishing of geographic
boundaries to a complete relaxing of all guidelines to a total deregulation of
all guidelines. Mayor Egan allowed testimony and comments from the audience who
included Martin Colon, representative of Federal Land Company and David Perrier,
who specifically addressed the need for retaining off-sale liquor licensing
regulatory provisions. Members of the City Council discussed zoning as a control
if the purpose of adding additional criteria is to prevent blight associated
with too many off-sale liquor stores. After a lengthy review and discussion of
various regulatory language, City Councilmembers concurred that additional
research was required by the City Attorney with the understanding that the two
(2) pending off-sale liquor license applications would be segregated from the
research and considered by the City Council at the February 20 meeting. After
further review and a motion by Mayor Egan, seconded by Councilmember Wachter,
the two (2) pending applications can proceed for review and consideration by the
City Council at the February 20 meeting independent of the research to be
conducted by the City Attorney with the understanding that any issuance of an
off-sale liquor license would not be granted until after August 1, 1990. Those
voting aye were Mayor Egan and City Councilmembers McCrea, Pawlenty and Wachter.
Voting nay was City Councilmember Gustafson. City Councilmember Gustafson stated
that it is his opinion that there is no language in the August 1, 1986 City
Council minutes that restrict the issuance of an off-sale liquor license to one
per year after the August 1 date.
ON-SALE LIQUOR LICENSE
Mayor Egan asked the City staff to proceed on with the discussion
regarding issuance of on-sale liquor licenses. City Administrator Hedges stated
that the City Code regulations allow no more than eighteen (18) on-sale licenses
and provide a specific breakdown as to how those licenses could be distributed
to qualified applicants. He stated that there are currently thirteen (13) active
on-sale licenses and that three (3) remaining licenses are reserved for
hotel/motel while one (1) license is for restaurants with more than $350,000
valuation and the remaining license is for "other restaurant". Chief of Police
Geagan appeared and discussed City Code regulations regarding the issuance of
on-sale licenses stating that the Police Department would prefer that the City
Council avoid a heavy geographic concentration for the issuance of on-sale
licenses. He further suggested that the City Council consider policies that
address regulations that insure a quality restaurant with an on-sale
establishment. Al Baker, representing Al Baker's Restaurant, appeared and
recommended that the City continue criteria that guarantee restaurants with a
large seating capacity for food service as a prerequisite to the issuance of an
on-sale liquor license. After deliberation by the City Council, a motion was
made by City Councilmember Pawlenty, seconded by Councilmember Wachter, with all
members voting in favor that the City Clerk and City Attorney be directed to
tighten up the on-sale liquor license policy that addresses certain criteria for
the issuance of an on-sale liquor license and further that the recommended policy
be referred back to the City Council for further consideration.
WATER QUALITY MANAGEMENT PLAN UPDATE
City Administrator Hedges provided a brief history on the preparation
of the Water Quality Management Study stating that the City Council in 1986
directed the study as a response to a number of environmental questions that were
raised by various advisory commissions and the City Council about the long-term
impact in quality of ponds and lakes throughout the community. He further stated
that during the past three (3) years, the Gun Club Watershed District was formed
and through a series of meetings, hiring of a consultant and many public
meetings, the document was completed and presented to the appropriate agency to
view. Director of Public Works Colbert reviewed the Water Quality Management
Plan in detail explaining the inventory, classification of water bodies, the
computer modeling, water quality policies and recommendations, requirements of
new developments, education, priorities for action in water bodies, monitoring
and specific recommendations for improving water quality as measured by the
clarity and phosphorous concentrations. Director of Public Works Colbert also
stated that phosphorous removal/treatment is very important to water quality and
will require an extensive education with residents. The Director of Public Works
in reviewing the recommendations covered thirteen (13) specific objectives that
range from testing measures and public education to phosphorous-free fertilizer
and additional street sweeping. He further reviewed a procedure for
prioritization that includes a point distribution for each of the procedures that
are recommended in the study. The Director of Public Works presented short-term
water quality improvements ranging from monitoring and studies of certain ponds
to actual construction of nutrient treatment and storm water detention basins.
Superintendent of Parks and Recreation VonDeLinde reviewed implementation
strategies by addressing education programs, water quality monitoring,
lakes/ponds management, program administration and the implementation of certain
resources that involve citizen initiatives, staff coordination and many other
organizations. He stated that two (2) specific reasons to implement the water
quality strategies are preservation of existing water bodies and corrective
action on those ponding areas that have been impacted. There were questions
raised about the staffing functions and which commission is the appropriate
authority to manage the water quality program. City Councilmember McCrea
recommended that the City prioritize the various management strategies and
provide a recommendation to the Advisory Parks and Recreation Commission and City
Council.
City Administrator Hedges stated that like all programs,
implementation of the Water Quality Plan is a cost to the community. He stated
that other communities have adopted and implemented a storm water and drainage
utility fee which is billed to each resident on a quarterly basis to fund and
manage a water quality program for their community. City Councilmembers stated
that implementation of the storm water utility rate will be regarded by many
residents as an additional tax and suggested that any information that is
publicized should include that understanding. It was further recommended by
Councilmembers that a group of residents, possibly Advisory Commission members,
be asked to react to the draft brochure and publicity about the proposed storm
water management plan and funding mechanism. Once their input is received, the
City should consider the assistance of a public relations specialist to review
the final information and data that is distributed to the public. After further
discussion, a motion was presented by City Councilmember Wachter, seconded by
Councilmember Gustafson, with all members voting aye, that a public hearing be
set at a date to be announced for further consideration of a funding mechanism
to allow for the implementation of the water quality management plan as
presented.
PCA GRANT FOR SCHWANZ LAKE
Director of Parks and Recreation Vraa stated that the grant
application that was authorized by the City Council for a diagnostic feasibility
study for water quality in Schwan Lake has received acknowledgement for funding
during 1990. He stated that the project is estimated at $52,000 and the grant
is for 50 percent of that amount. The City Administrator stated that the storm
water utility fund, if established, would be the City's source of financing for
this pilot study or, as an alternative, the parksite fund. In a motion by City
Councilmember McCrea, seconded by Councilmember Wachter, with all members voting
in favor, City staff was directed to proceed with execution of the grant
application to provide a diagnostic feasibility study for water quality in
Schwanz Lake and the City's portion of that financing will occur from a future
storm water utility fund or parksite development fund.
COMPREHENSIVE DRAINAGE PLAN
Director of Public Works Colbert stated that the 1990 update to the
City's Comprehensive Drainage Plan, previously referred to as Comprehensive Storm
Sewer Plan, has been completed. He stated that during past condemnations and
assessment hearings, the City has been challenged on the fact that past plans
have never been presented nor adopted as a part of a formal public hearing
process, even though it designates park acquisition/dedication on private
property throughout the community. City Administrator Hedges suggested that the
City Council consider a public hearing at which time the Comprehensive Drainage
Plan is presented as a formal document to the community. After a brief
discussion and a motion by City Councilmember Gustafson, seconded by
Councilmember McCrea, with all members voting in favor, a public hearing was set
for a date to be announced to consider the City's update of the Comprehensive
Drainage Plan.
ARCHITECTURAL DESIGN POLICY
Director of Community Development Runkle presented a draft
architectural design policy that provides regulations for commercial and
industrial development. He further referenced a survey that was completed with
several metropolitan communities that provides a synopsis of building material
requirements for both commercial and industrial development in those communities.
City Councilmembers discussed the relevance of a permanent building finish and
mechanism in which materials can be listed as a key to quality design. After
further discussion Mayor Egan advised that the Community Director provide
additional information on the proposed architectural design and report back to
the City Council at a future work session.
OTHER BUSINESS
There were no other items for business.
ADJOURNMENT
The meeting adjourned at approximately 10:00 p.m.
TLH
'C`L, cy
Dated City Clerk
S
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 6, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
February 6, 1990, at the Eagan Municipal Center. Present were Mayor Egan
and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present
were City Administrator Tom Hedges, Community Development Director Dale
Runkle, Public Works Director Tom Colbert, and City Attorney James Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Item D of Old Business and Item G of New Business were recommended for
continuance to the February 20, 1990, regular City Council meeting.
Item V, Final Plat, Manor Lake 2nd Addition, was added to the Consent
Agenda.
Item J, Consent Agenda, removed.
Item C, Consent Agenda, action should include a waiver of 60-day
waiting period by the State Gambling Board.
Item I, Consent Agenda, action should include setting the term of the
Alternate Cable Commission position as one-year position.
The City Administrator also requested that an item dealing with a
request from Xavier's Restaurant for a three-month conditional beer and
wine license be placed at the end of the meeting.
Gustafson moved, Pawlenty seconded, the motion to approve the agenda
as amended. Aye: 5 Nay: 0
MINUTES/JANUARY 16, 1990
Director of Public Works Colbert requested a correction on page 9,
Project 584/Rahn Road, Modification 4 should read, "Four feet of space
between the curb and the trail - 44 feet south of Diffley."
Page 9, Mayor Egan asked that in the future, the minutes reference when
a councilmember leaves a meeting and thereafter the absence need only be
reflected in the vote.
Wachter moved, Gustafson seconded, the motion to approve the minutes
for the January 16, 1990, regular Council meeting as amended. Aye: 5
Nay: 0
Page 2/EAGAN CITY COUNCIL MINUTES
February 6, 1990
ADMINISTRATION/MINNESOTA DNR
FUNDING REQUEST FOR HELICOPTER DEER SURVEY
Mr. Oliver W. McCulloch, Eagan's representative to the DNR Task Force,
formed last year to evaluate a long-range deer management program for the
Fort Snelling State Park, Minnesota Valley National Wildlife Refuge and
adjacent deer concentration areas, spoke in favor of the deer survey.
Chief of Police Geagan briefly explained the process.
Gustafson moved, Pam McCrea seconded, a motion to approve authorization
of Eagan's cost participation for a 1990 Deer Survey at a cost not to
exceed $300. Aye: 5 Nay: 0
City Administrator Hedges was directed to ask Jon Parker, DNR Area
Wildlife Manager, where Eagan's contribution to the cost participation fits
with funding from the State and County.
LEGISLATIVE UPDATE
Liz Witt, representing the League of Minnesota Cities Revenue Sources
Committee, briefly addressed the deficit facing Minnesota cities in the
upcoming legislative session and after introducing Senator Howard Knutson
and Representative Art Seaberg, asked that they share their views on
various issues of interest to local government.
Senator Howard Knutson discussed tighter restrictions and possibly the
loss of tax increment financing, the updating of job evaluation and pay
equity systems, a task force on protecting airport sites, codifying State
land use statutes, public utilities, and efforts to determine county road
mileage as it relates to the County-State Aid fund. Senator Knutson closed
with a warning to his cities that last year's tax bill was a method of
getting at the suburbs, a charge that has not been denied.
Councilmember Wachter asked Senator Knutson about compensating the
homeowners in the Wuthering Heights Addition for the problems associated
with the Seneca plant. Senator Knutson agreed with Councilmember Wachter
and said there should be avenues of assistance to them. The Senator also
works with the DNR and offered assistance with the deer problem.
Mayor Egan related concerns with the Metropolitan Council and the
Metropolitan Waste Control Commission taking broader control of surface
water management. Senator Knutson promised to look at the issue and added
that they appreciated the City's help on those matters.
City Administrator Hedges indicated the Seneca issue made a strong
suggestion for legislative assistance.
Representative Art Seaberg also felt the deficit was the number one
issue for the upcoming eight week session. Local government aid will have
to be looked at. There are several bills pending to deal with tax
Page 3/EAGAN CITY COUNCIL MINUTES
February 6, 1990
increment financing. Definitions relating to "blight" and the "but for"
rule will probably be changed. Perhaps legislation is needed with regard
to the permit issue at Seneca.
Councilmember Pawlenty asked if there was something else the City
should be doing to increase its visibility in the legislature.
Representative Seaberg remarked that lobbyists, such as the one hired by
the LMC, are effective and that we should stay in touch. He is also hoping
that redistricting will help.
PUBLIC WORKS DEPARTMENT/TRAFFIC SIGNAL FUNDING SCHEDULE
CLIFF ROAD @ BEACON HILL ROAD/THOMAS CENTER DRIVE
Pam McCrea moved, Tim Pawlenty seconded a motion to approve the
preparation of a Cost Participation Agreement for City prefinancing of a
signal installation at Cliff Road and Beacon Hill Road. Aye: 5 Nay: 0
Mayor Egan spoke to Council and staff regarding Governor Perpich's
Thursday, February 8, visit to Woodland Elementary in regard to Project
Charlie and the D.A.R.E. program. The Governor will be at the school from
9:30 a.m. to 10:30 a.m. in the event someone would like to attend.
CONSENT AGENDA
A. Personnel Items.
1. Acknowledgement of hire/Seasonal Winter Recreation Leader, Scott
Danielowski.
B. Plumbers Licenses.
It was recommended to approve the plumbers licenses as presented.
C. License, Gambling License Renewal and Temporary Liquor License for
Eagan Lions.
It was recommended to 1) approve the gambling license renewal for the
Eagan Lions Club to allow them to operate pull-tabs at Valley Lounge in
Cedarvale Lanes, 2) to approve their temporary liquor license, and 3)
to authorize submission of the license to the State Liquor Control Board
for review and approval.
D. Licenses, Change in Management. Liquor License Renewals.
It was recommended to approve all seven (7) changes in designation of
on-sale liquor managers for establishments as follows:
Michael Henke - Cedarvale Lanes
Thomas Cadle - Compri Hotel
Page 4/EAGAN CITY COUNCIL MINUTES
February 6, 1990
Teresa Miller - Davanni's
Bryan Biever - Eagan Tennis & Athletic Club
Michelle Olson - Eagan Tennis & Athletic Club
Charles Yager - Pizza Hut, Cliff Road
Barbara Reimer - New Partner at J. Doolittle's
E. Resolution, Star City Recertification for 1990.
It was recommended to approve the resolution authorizing
recertification of the City of Eagan as a Star City for 1990. R-9o.2
F. Classification of Tax Forfeit Property as Non-Conservation.
It was recommended the City Council recommend approval to Dakota County
that these parcels be classified as non-conservation.
G. Reconveyance of Forfeited Lands to the State of Minnesota.
It was recommended to authorize the designation of Lot 7, Block 3,
Overview Estates Replat as surplus property and that said parcel be
returned to the State of Minnesota to be sold.
H. Agreement, Joint Powers Opt Out Transit.
It was recommended to approve the Joint Powers Agreement establishing
the Minnesota Valley Transit Authority and that Mayor Tom Egan be appointed
as the City's Commissioner and further that the City Administrator act as
the alternate Commissioner. At a meeting held earlier with commissioners
from Apple Valley, Burnsville, and Eagan, Don Chapdelaine was appointed a
Commissioner at large as provided in the Joint Powers Agreement.
I. Agreement, Joint Powers, Cable Membership
It was recommended to approve an amendment to the Burnsville/Eagan
Joint Powers Agreement that changes Cable Commissioners' terms of
appointment from two (2) years to three (3) years. It was also recommended
that the Alternate Commissioner term be at the Cities' discretion and,
thereby, in Eagan will be set as all other commission alternates at one
year.
J. Extension, Preliminary Plat for Autumn Ridge/James Development
Company.
This item was removed from consideration when the agenda was adopted.
K. Approve Resolution Requesting MnDot Speed Study (Federal Drive -
Washington Drive To Blackhawk Hills Road).
It was recommended to approve a Resolution requesting MnDOT to perform
a speed study for Federal Drive from Washington Drive to Blackhawk Hills
Road.
R-90.3
Page 5/EAGAN CITY COUNCIL MINUTES
February 6, 1990
L. Contract 90-03. Receive Bids/Award Contract (Pump Inspection &
Repair - Wells #2 & #6).
It was recommended to receive the bids for Contract 90-03 (Pump
Inspections & Repair - Wells #2 & #6) and award the contract to the lowest
responsible bidder.
M. Vacate Utility Easement. Receive Petition/Order Public Hearing
(Lots 1 & 2. Block 3; Lot 1. Block 2; and Outlot C. Rahncliff 2nd
Addition).
It was recommended to receive the petition for the vacation of utility
easements (Lots 1 & 2, Block 3; Lot 1, Block 2, and Outlot C of Rahncliff
2nd Addition) and schedule a public hearing to be held on March 6, 1990.
N. Project 589, Receive Petition/Authorize Feasibility Report (Wescott
Square Addition).
It was recommended to receive the petition and authorize the
feasibility report for Project 589 (Wescott Square -Streets & Utilities).
0. Contract 87-25, Authorize Final Payment (Braddock Trail & Elrene
Road - Street Construction).
It was recommended to approve the 10th and final payment for Contract
87-25 (Braddock Trail & Elrene Road - Streets) to Bituminous Roadways,
Inc., in the amount of $3,200.02.
P. Contract 88-03, Authorize Final Payment (Northview Park Road &
Wescott Road - Surfacing).
It was recommended to approve the 9th and final payment for Contract
88-03 (Northview Park & Wescott Road - Surfacing) in the amount of
$5,514.41 to Bituminous Roadways, Inc.
Q. Contract 88-13, Authorize Final Payment (Stoney Pointe, Blackhawk
Ridge & Blackhawk Ponds - Trunk Water Main & Sanitary Sewer.
It was recommended to approve the 5th and final payment for Contract
88-13 (Stoney Pointe, Blackhawk Ridge & Blackhawk Ponds - Trunk Water Main
& Sanitary Sewer) in the amount of $23,763.23 to Richard Knutson, Inc.
R. Contract 89-02, Authorize Final Payment (Clearview Addition -
Streets).
It was recommended to approve the 4th and final payment for Contract
89-02 (Clearview Addition - Streets) in the amount of $5,282.99 to McNamara
Contracting Company, Inc.
Page 6/EAGAN CITY COUNCIL MINUTES
February 6, 1990
S. Contract 89-06, Authorize Final Payment (Cliff Road Booster
Station).
It was recommended to approve the 2nd and final payment for Contract
89-06 (Cliff Road Booster Station) in the amount of $397.50 to Northwest
Mechanical, Inc.
T. Contract 88-L. Acknowledge Completion (Blackhawk Ponds - Streets
& Utilities).
It was recommended to acknowledge completion of Contract 88-L
(Blackhawk Ponds - Streets & Utilities) and authorize the assumption of
maintenance responsibility subject to appropriate warranty provisions in
accordance with the subdivision development agreement.
U. Final Plat, Town Centre 100 Fifth Addition.
It was recommended to approve the final plat for Town Centre 100 Fifth
Addition.
R-90.4
V. Final Plat, Manor Lake 2nd Addition.
It was recommended to approve the final plat for Manor Lake 2nd
Addition.
R-90.5
W. West Publishing/Eagan Corporate Center Scoping Decision.
It was recommended to adopt a resolution approving the scoping decision
for the West Publishing/Eagan Corporate Center project.
R-90.6
Gustafson moved, Wachter seconded, the motion to approve the Consent
Agenda items with the exceptions noted with the adoption of the agenda.
Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 443R, FINAL ASSESSMENT HEARING
O'NEIL TRUNK STORM SEWER
Written objection has been received from the property owner. Kathleen
Connelly, attorney, also appeared to register the objections of the
property owner.
McCrea moved, Pawlenty seconded, a motion to close the public hearing
and approve the final assessment roll for Project 443 (O'Neil - Trunk Storm
Sewer) for Parcels 010-77 in the amount of $172,596.96 and Parcel 010-76
in the amount of $50,219.57 both located in Section 10 and authorize the
certification to the County. Aye: 5 Nay: 0
Page 7/EAGAN CITY COUNCIL MINUTES
February 6, 1990
PROJECT 461, FINAL ASSESSMENT HEARING
YANKEE DOODLE ROAD - STREETS & UTILITIES, O'NEIL PROPERTY
Written objection has been received from the property owner. Kathleen
Connelly, attorney, also appeared to register the objections of the
property owner.
McCrea moved, Wachter seconded, a motion to close the public hearing
and approve the final assessment roll for Project 461 (Yankee Doodle Road -
Streets & Utilities) as it pertains to Parcel 010-77 in the amount of
$336,227.47 and Parcel 010-56 in the amount of $98,243.20 all located in
Section 10 and authorize their certification to the County. Aye: 5
Nay: 0
PROJECT 549R, STRATFORD OAKS ADDITION
STORM & SANITARY SEWER
McCrea moved, Gustafson seconded, a motion to close the public hearing
and approve Project 549R (Stratford Oaks Addition - Storm & Sanitary Sewer)
and authorized the preparation of detailed plans and specifications.
Aye: 5 Nay: 0
PROJECT 588, SILVER BELL ADDITION/WATER MAIN
Written objection was received from the property owner of Lot 2, Block
1, Silver Bell Addition.
Pawlenty moved, Gustafson seconded, a motion to close the public
hearing and approve/deny the installation of Project 588 (Silver Bell
Addition - Watermain) and authorized the preparation of detailed plans and
specifications. Aye: 5 Nay: 0
VACATE UTILITY EASEMENT
DIFFLEY ROAD @ THOMAS LAKE ROAD EXTENDED
Pawlenty moved, Gustafson seconded, a motion to close the public
hearing and vacate the drainage and utility easement located north of
Diffley Road at Thomas Lake Road extended and authorized the Mayor and City
Clerk to execute all related documents. Aye: 5 Nay: 0
OLD BUSINESS
CONSIDER PUBLIC HEARING DATE OF 3/20/90
TO CONSIDER TAX INCREMENT FINANCING FOR
TRI-LAND PROPERTIES' COMMERCIAL DEVELOPMENT
ICE ARENA PROJECT
Gustafson moved, Pawlenty seconded, a motion to set a public hearing
for the March 20, 1990 City Council meeting to consider an economic
development district plan and tax increment financing plan with a
Page 8/EAGAN CITY COUNCIL MINUTES
February 6, 1990
commercial development/ice arena project as proposed by Tri-Land Properties
as Option 1, Privately Owned Arena with One Standard Sheet of Ice, and,
furthermore, it is the consensus of the City Council that the fiscal
disparities contribution be made from outside the tax increment financing
district. Aye: 5 Nay 0
SENECA WASTEWATER TREATMENT PLANT
CITIZENS AGAINST SENECA CAPACITY EXPANSION
Wachter moved, Gustafson seconded, a motion to direct staff to
formulate a letter to be sent to the Cities of Bloomington, Burnsville and
Savage urging their active financial and administrative participation in
bringing the Seneca plant and the MWCC into compliance with the plant
expansion development contract and the DNR dewatering permit, and, further,
that Senator Knutson and Representative Seaberg be urged to take the issue
to the Legislature. Aye: 5 Nay 0
ORDINANCE/PARK TRAIL DEDICATION
Wachter moved, Gustafson seconded, a motion to provide a final
ratification to the trail dedication ordinance as presented. Aye: 5
Nay 0
RESOLUTION/O'NEIL PLANNED DEVELOPMENT COMPREHENSIVE GUIDE PLAN AMENDMENT
EXECUTION OF PLANNED DEVELOPMENT AGREEMENT
AUTHORIZATION TO PREPARE A TRANSPORTATION CORRIDOR STUDY.
McCrea moved, Wachter seconded, a motion to continue this item to the
February 20, 1990, City Council meeting. Aye: 5 Nay 0
AMENDMENT TO DEVELOPMENT CONTRACT/HILLS OF STONEBRIDGE/PLAT 2
Pawlenty moved, McCrea seconded, a motion to approve an amendment to
the development contract for Hills of Stonebridge, Plat 2. Aye: 5
Nay 0
RESIGNATION/JAMES UNKER/BURNSVILLE/EAGAN CABLE
COMMUNICATIONS COMMISSION APPOINTMENT/
VACANT ONE YEAR ALTERNATE BECC POSITION
Gustafson moved, Wachter seconded, a motion to accept the resignation
of Jim Unker from the cable commission and, by unanimous ballot, appointed
Doug Dahl to fulfill the one-year unexpired term as an alternate to the
BECC. Aye: 5 Nay 0
Page 9/EAGAN CITY COUNCIL MINUTES
February 6, 1990
LICENSE/ON-SALE LIQUOR LICENSE
LAFONDA DE ACEBO, 3665 SIBLEY MEMORIAL HIGHWAY.
Gustafson moved, Wachter seconded, a motion to approve an on-sale
liquor license for LaFonda De Acebo restaurant subject to meeting the
following conditions: 1) providing liquor liability insurance in effect
for calendar year 1990. 2) providing a $5,000 surety bond in effect for
calendar year 1990. 3) paying $675 due for false alarm charges incurred
in 1989. Aye: 5 Nay: 0
RESOLUTION/ISSUANCE OF REFUNDING BONDS
YANKEE SQUARE INN PARTNERSHIP
McCrea moved, Wachter seconded, a motion to approve a resolution
authorizing the issuance of commercial development revenue refunding bonds
to refinance the Yankee Square Inn Hotel project. Aye: 5 Nay: 0
R-90. 7
CONDITIONAL USE PERMIT/PYLON SIGN
NEW HORIZON CHILD CARE
Pawlenty moved, Gustafson seconded, a motion to approve a conditional
use permit to allow a pylon identification sign for New Horizon Child Care
Center located on Lot 1, Block 2, Eagan Center 3rd Addition, at the
southeast corner of Lexington Avenue and Lexington Point Parkway subject
to all setback requirements. Aye: 5 Nay: 0
CONDITIONAL USE PERMIT/MIKE MARUSHIN
PYLON SIGN ON VIDEO UPDATE BITE
Gustafson moved, Pawlenty seconded, a motion to approve a conditional
use permit to allow a pylon sign to be located on the lot of the existing
Video Update store (Parcel 10-03000-020-25) located along Nicols Road,
south of Diffley Road, in the northwest quarter of Section 30 subject to
a landscape plan being submitted and approved by staff. Aye: 5 Nay: 0
ORDINANCE AMENDMENT/CITY OF EAGAN
AMENDMENT TO EAGAN CITY CODE CHAPTER 11
Pawlenty moved, Wachter seconded, a motion approve the ordinance
amendment of the City of Eagan, Minnesota, amending Eagan City Code Chapter
11 entitled "Land Use Regulation (Zoning)" by amending Section 11.40,
Subdivision 4, regarding conditional use permits, and by adopting by
reference Eagan City Code Chapter 1 and Section 11.99. Aye: 5 Nay: 0
RESOLUTION/LANCE PLANNED DEVELOPMENT
3HENSIVE GUIDE PLAN AMENDMENT/PD AGREEMENT
McCrea moved, Gustafson seconded, a motion to continue this item to the
February 20, 1990, City Council meeting. Aye: 5 Nay: 0
Page 10/EAGAN CITY COUNCIL MINUTES
February 6, 1990
CONDITIONAL ON-SALE BEER & WINE LICENSE/XAVIERS
Wachter moved, Gustafson seconded, a motion to approve a 90-day
conditional on-sale beer and wine license for Xaviers Restaurant at 1260
Town Centre Drive. Approval is contingent upon Xaviers meeting all
conditions and subject to license review after 90 days. Aye: 5 Nay: 0
ADMINISTRATIVE AGENDA
WATER QUALITY MANAGEMENT PLAN
Gustafson moved, Wachter seconded, a motion authorizing staff to 1)
continue the Water Quality Management Task Force as an in-house
organization and to thank outside agency members for their contribution and
2) begin public input process by taking informational brochure to various
City commission members for critique, by publishing the brochure in the
City newsletter with a request for public comment, and by holding
informational meetings. Aye: 5 Nay 0
PROJECT 543R/EASEMENT ACQUISITION/
PAYMENT/SKYLINE ROAD
Gustafson. moved, McCrea seconded, a motion to approve the acquisition
of right-of-way easement from Lawrence & Audry Wigley, property owners of
Lot 7, Treffle Acres, for $315. Aye: 5 Nay 0
VACATE UTILITY EASEMENT/RECEIVE PETITION/
ORDER PUBLIC HEARING/LOTS 2 & 3, BLOCK 1, CLIFF LAKE CENTRE
Egan moved, Wachter seconded, a motion to receive a petition to vacate
a utility easement (Lots 2 & 3, Block 1, Cliff Lake Center) and schedule
a public hearing to be held on March 6, 1990. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
A City Council workshop session is scheduled for February 13, 1990,
from 5:30 p.m. to 8:30 p.m. The Council will meet briefly with the
Airport Relations Commission, and then meet to discuss the final 1990 CIP,
the landscape ordinance, and Police accreditation.
RESOLUTION/DAKOTA COUNTY INCINERATOR
Egan moved, McCrea seconded, a motion to draft a prelimin
to be presented at the Dakota County Incinerator public heari
February 8, 1990, at Rosemount High School. The resolution
the City's concerns that the incinerator be state of the ar
that all operations will be closely monitored to insure
safety, and that the County has considered and exhausted all
before granting approval to this project. Aye: 5 Nay: 0
ary resolution
ng to be held
is to address
t technology,
environmental
alternatives
Page 11/EAGAN CITY COUNCIL MINUTES
February 6, 1990
CHECKLIST
Wachter moved, and Gustafson seconded, a motion to approve the
checklist dated February 5, 1990, in the amount of $226,341.09 and the
checklist dated February 6, 1990, in the amount of $149,728.88. Aye: 5
Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive session
to consider attorney/client privileged information at 11:45 p.m. Those in
attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and
Wachter, City Administrator Hedges and City Attorney Sheldon. The
executive session was adjourned at 12:15 a.m.
KF
CITY O EAGAN
E. . VanOverbeke, City-Clerk
PLUMBERS LICENSE FEBRUARY 6, 1990
1. Alta Mechanical Contractors
2. Bowler Company
3. Budget Plumbing Corp.
4. Burkhardt Plbg.
5. Burnsville Electric/Mechanical
6. Dakota Plumbing & Heating
7. Donahue Mechanical, Inc.
8. Eagan Plumbing & Heating
9. G R Mechanical
10. Groth Sewer & Water
11. Harris Mechanical Contracting
12. Main Line Plumbing, Inc.
13. McDonald Plumbing Systems Inc.
14. Minnesota Mechanical, Inc.
15. Murr Plumbing, Inc.
16. Nasseff Plumbing & Heating Inc.
17. Neu Plumbing
18. Nickelson Plumbing
19. North St. Paul Plumbing
20. Nova-Frost, Inc.
21. Nybo-Peterson Plumbing
22. Joseph Peters Plumbing Co.
23. Plumm, Inc. -
24. Pride Plumbing Services
25. Regency Plumbing
26. Sauber Plumbing & Heating
27. Seitz Bros. Inc.
28. Spriggs Plumbing a Heating Co.
29. Stant Plumbing & Heating
30. State Mechanical Inc.
31. Lee Stull Plumbing
32. United Water & Sewer Co.
33. Valley Plumbing Company Inc.
34. Voss Plumbing & Heating of Minnesota
35. Wenzel Plumbing & Heating Inc.
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
February 13, 1990
A special meeting of the Eagan City Council was held on Thursday, February 13, 1990,
at 5:30 p.m. at the Eagan Municipal Center Building. Present were Mayor Egan and City
Councilmembers Gustafson, McCrea, Pawlenty and Wachter. Also present were Director of Finance
VanOverbeke, Director of Public Works Colbert, Director of Parks and Recreation Vraa, Chief of Police
Geagan, Community Development Director Runkle, City Planner Sturm, Assistant to the City
Administrator Hohenstein and City Administrator Hedges.
JOINT AIRPORT RELATIONS MEETING
Mayor Egan convened the Special City Council meeting by welcoming members of the
Airport Relations Committee in addition to the City's special consultants, Mr. Jerry Bogan of G. Bogan
and Associates and both John Herman and Steve Belton of the law firm Leonard Street and Deinard.
Assistant to the City Administrator Hohenstein provided background information for the City Council and
Airport Relations Committee. The Airport Relations Committee members included Chair Dustin Mirick,
Bruce Nauth, Sandra Marsyla, Greg Gappa, Jerry Woeffel, Cindy Ellis, Becky Newell and Roger Martin.
Hohenstein briefly reviewed the positions the Council and Committee had previously taken on this
matter. He then provided a brief background on each of the consultants and their relationship to the
policy issue. Jerry Bogan was introduced and began his presentation with a commendation for
Assistant to the City Administrator Hohenstein and the City of Eagan for existing findings and
background regarding airport operations. Mr. Bogan suggested that the City seek the support of
neighboring communities and proceeded to discuss the rational to extend the departures. He stated
that he was not optimistic about the FAA changing regulations.
Mr. John Herman and Steve Belton presented background information in five substantive
arguments that support the City of Eagan's comprehensive guide plan and present airport operations.
Mr. Herman further introduced the theory that state law does not allow the FAA or any other agency
to advocate proliferation which is the impact if operations are arbitrarily changes. Mr. Belton stated that
his finding included a desire that Mendota Heights and Eagan agree on a plan, even if a delay is
required due to the need for additional information.
Members of the City Council asked a number of questions of both consultants regarding
a strategy for the March 7 MASAC presentation which included an expression of concerns regarding
the perception of residents, surrounding neighborhoods and the overall level of noise that aircraft
operations are causing throughout the community.
Mayor Egan expressed his thanks to the Airport Relations Committee and consultants
for all their work and acknowledged that the City Council would reconvene to the lunch room to discuss
the remainder of business items on the special City Council agenda
CAPITAL EQUIPMENT/1990 EQUIPMENT REVOLVING FUND
City Administrator Hedges presented the 1990 proposed Equipment Revolving Fund list
of expenditures by department, stating that the analysis and alternatives in response to a direction by
the City Council at the last budgetary workshop meeting on December 12, 1989. He stated that the
original list of capital totalled $652,650 and exceeds the Equipment Revolving Fund amount that was
forecast for 1990 by $288,130. City Administrator Hedges stated that each department head was asked
to review their list of capital and determine what items could be delayed without creating costly
inefficiencies either in operations or maintenance if the equipment is not acquired during 1990. He
presented a revised list of capital equipment that reduced the Equipment Revolving Fund total to
$491,150 stating that this amount exceeds the amount originally forecast for 1990 by $106,630.
Members of the City Council asked several questions about the equipment and agreed that due to the
tight levy limitations that were placed on the general fund for 1990 and, due to the large increase in
total tax capacity, the only choice in purchasing equipment to maintain a constant delivery of service
is to increase the Equipment Revolving Fund for 1990 as opposed to any further revisions to the
general operating budget. Councilmembers stated that any additional reduction in capital equipment
would only create a greater burden in 1991/1992 when the City is confronted with additional
replacement and acquisition. After further discussion on the Capital Equipment Revolving Fund, a
motion was made by City Councilmember Gustafson, seconded by Councilmember Egan, with all
members voting in favor, that the Equipment Revolving Fund be established at $491,150 for 1990 to
allow acquisition of capital equipment for five (5) City departments.
LANDSCAPE ORDINANCE
City Planner Sturm presented the proposed landscape ordinance emphasizing that new
regulatory provisions are designed to enhance tree conservation by emphasizing the size of trees,
irrigation requirements and screening material for new subdivisions. He further addressed several policy
questions by discussing many of the proposed regulations. After a review and discussion by the City
Council, it was determined that the proposed ordinance should be presented to the Advisory Parks and
Recreation Commission and Developers Task Force for their reaction. Mayor Egan noted that the main
intent of the landscape ordinance as presented by the City Planner was for tree conservation and plant
materials on private property which includes new development. City Councilmember Wachter addressed
the issue of reforestation and emphasized that any new regulations include a strong emphasis on the
replacement of trees for both environmental and aesthetic reasons.
Director of Parks and Recreation Vraa appeared and presented changes in amendments
that were proposed for the regulation of tree contractors suggesting licensing, the regulation of trees,
shade tree disease control and maintenance of trees on both private and public properties. After a
review of these regulations which include several policies for tree conservation on public property, a
motion was introduced by City Councilmember Wachter, seconded by City Councilmember Gustafson,
with all members voting in favor that the entire landscape ordinance including both regulations for
private property and new regulations for public properties be adopted in concept and sent to the
Advisory Parks and Recreation Commission and Developers Task Force for additional review.
POUCE ACCREDITATION PROGRAM
City Administrator Hedges stated that during development of the 1990 budget approval
was given as an expenditure item in the Police Department to apply for a law enforcement agency
accreditation from the Commission on Accreditation for Law Enforcement Agencies. Chief of Police
Geagan appeared and presented the accreditation program stating that these standards will provide
the Police Department with an overall analysis of its operation and ability to deliver services. Chief
Geagan provided an in-depth presentation which included a body of standards designed to:
1. Increase law enforcement capabilities to prevent/control crime
2. Increase agency effectiveness and efficiency and delivery of enforcement services
3. Increase cooperation and coordination with other law enforcement agencies and with other
agencies in the criminal justice system.
4. Increase citizen and employee confidence in goals, objectives, policies and practices of the
agency.
5. Provide law enforcement agencies an opportunity to demonstrate voluntarily that they meet and
establish a set of law enforcement standards.
City Councilmembers discussed the program and asked several questions regarding
the amount of time for achieving accreditation and among other questions as to whether the
department would be required to seek a new accreditation in the future. Chief Geagan stated that the
accreditation process is estimated at 18 months to complete and will be good for approximately five
(5) years. City Councilmember Pawlenty stated that it was his experience in working with the Police
Chiefs Association that accreditation will be expected for departments as large as the Eagan Police
Department as a liability protection and to enhance efficiency and consistent standards for all Police
personnel. Mayor Egan stated that the Police are seeking an application for the accreditation and
suggested an action on the part of the City Council. In a motion by City Councilmember Gustafson
and City Councilmember Pawlenty, with all members voting in favor, the City Administrator and Chief
of Police were directed to file the application for accreditation with the Commission on Accreditation of
Law Enforcement Agencies.
OTHER BUSINESS
There were no items for other business.
ADJOURNMENT
The meeting adjourned at approximately 9:15 p.m.
Date
TLH
city Cl
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 20, 1990
A regular meeting of the Eagan City Council was held on Tuesday,
February 20, 1990, at the Eagan Municipal Center. Present were Mayor
Egan and Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also
present were City Administrator Tom Hedges, Community Development
Director Dale Runkle, Public Works Director Tom Colbert, and City
Attorney James Sheldon.
AGENDA
City Administrator Hedges recommended the following changes to the
agenda:
Add Item 2, Department Head Business, Consideration of Endorsement
of House Bill Restricting Dewatering which will come before the House
Legislative Committee on February 21, 1990.
Item B, Old Business, action on Xaviers, Inc., must first include
consideration of the Conditional Use Permit continued from the December
6, 1989, City Council meeting.
Item J, New Business, Lance Planned Development, request to continue
indefinitely.
Item K, New Business, O'Neil Planned Development, request to
continue indefinitely.
Gustafson moved, and Wachter seconded, a motion to approve the
agenda as amended. Aye: 5 Nay: 0
MINUTES
Pawlenty moved, and McCrea seconded, a motion to approve the minutes
for the February 6, 1990, regular City Council meeting. Aye: 5
Nay: 0
Mayor Egan then discussed the format of the minutes for special
council meetings. He asked for a consensus from the Council as to
whether the narrative nature of the special minutes should be retained
or whether they too should be in an action format. It was the consensus
of the Council that the special minutes be retained in their present
format.
McCrea moved, Wachter seconded, a motion to approve the minutes for
the January 9, 1990, special City Council meeting. Aye: 5 Nay: 0
Gustafson moved, Wachter seconded, a motion to approve the minutes
for the January 23, 1990, special City Council meeting. Aye: 5
Nay: 0
Page 2/EAGAN CITY COUNCIL MINUTES
February 20, 1990
Gustafson moved, Wachter seconded, a motion to approve the minutes
for the January 30, 1990, special City Council meeting. Aye: 5
Nay: 0
PRESENTATION/PARTNER OF THE YEAR AWARD
Mr. Tom Shaffer from the Indianhead Council of the Boy Scouts of
America presented the Chartered Partner of the Year Award to the Eagan
Police Department for demonstrating outstanding service to youth through
their active participation in the Explorer Scout program with special
recognition for the efforts and dedication of Post Advisor, Officer Doug
Mattson. Accepting the award for the City was Mayor Egan who was joined
by Police Chief Pat Geagan and Explorer Scouts Shawn Hill, Brett
Billmeyer, and Jeff Albee.
DEPARTMENT HEAD BUSINESS
ADMINISTRATION (CABLE)/FCC NOTICE OF INQUIRY
Wachter moved, Gustafson seconded, a motion to direct the
Burnsville/Eagan Cable Coordinator to prepare a letter and send official
comments on behalf of the Burnsville/Eagan Cable Commission and the City
Councils of Burnsville and Eagan to the Federal Communications Commission
regarding proposed congressional changes in the Cable Act of 1984.
Aye: 5 Nay: 0
ENDORSEMENT OF HOUSE BILL RESTRICTING DEWATERING
SENECA WASTEWATER TREATMENT FACILITY
Mayor Egan invited residents Bea Blomquist, Betty Bassett and John
Griggs to address the issue of a bill pending before the Minnesota House
of Representatives which would, in effect, remove all restrictions from
watering and dewatering at the Seneca site during construction and
maintenance of the expansion of that facility. Representative Willard
Munger, Chairman of the House Environment and Natural Resources
Committee, has agreed to introduce an amendment to the original bill
which would require a permit for consumptive use of more than 2,000,000
gallons per day average in a 30-day period (Exhibit B). The residents
were unsuccessful in placing restrictions on the operational water use
of such facilities.
The City Administrator advised the City Council that MWCC Chief
Administrator, Gordon Voss, has assured the City that dewatering on the
Seneca site would be used only in maintenance operations but not in the
day to day operations of the plant expansion. The old portion of the
Seneca plant will continue to use water as is. The City Administrator
will request a letter from the MWCC clarifying present and proposed
dewatering on the site.
Page 3/EAGAN CITY COUNCIL MINUTES
February 20, 1990
John Westley asked that the Council not take any action to endorse
the bill to avoid jeopardizing a wetlands bill presently being proposed
in the House by Representative Marcus Marsh. Mr. Westley wanted an
opportunity for all interested parties to be heard before the City took
any position on the issue. Mayor Egan pointed out that he is scheduled
to testify in front of the House Committee at a public hearing regarding
the dewatering bill on February 21, 1990. He urged Mr. Westley and other
interested residents to attend the hearing as that would be the more
appropriate forum for their concerns.
Pawlenty moved, McCrea seconded, a motion to direct staff to develop
a resolution for the Mayor to present to the House Committee endorsing
the amended bill with conditions that are not less but equal to or more
restrictive than presently proposed. Aye: 5 Nay: 0
John Griggs then requested the City hire an environmental consultant
to study the dewatering being performed at Seneca and to monitor its
impact on the environment. Mr. Griggs thought this would be possible
through information provided by Seneca, MWCC and the DNR.
After discussion, City Administrator Hedges suggested that staff
contact John Wood, Project Manager for Metcalf & Eddy Services,
concerning the gathering and interpretation of dewatering data.
Wachter moved, McCrea seconded, a motion to contact John Wood,
requesting review and analysis of the dewatering at the Seneca plant at
a total cost not to exceed $1,000. Aye: 5 Nay: 0
R-90.8
CONSENT AGENDA
A. Personnel Items.
1. The resignation of Administrative Intern Jeff Weldon was
accepted.
2. The resignation of part-time clerk-typist Marie Jaeger was
accepted.
3. The hiring of Dale Wegleitner as Fire Marshal for the City was
approved subject to successful completion of the City's physical
examination requirement.
4. The hiring of Karen Hangebrauck as a part-time receptionist for
the City was approved subject to successful completion of the City's
physical examination requirement.
B. Plumbers Licenses.
The plumbers licenses were approved as presented.
Page 4/EAGAN CITY COUNCIL MINUTES
February 20, 1990
C. Proclamation, Volunteers of America Week.
A resolution proclaiming March 4 - 11, 1990, as Volunteers of
America Week was approved.
D. License, Beer, Change of Managers. Pizza Hut at 1325 Town Centre
Drive.
The beer license for change of managers at Pizza Hut was approved.
E. Declare Surplus Property/Authorize Sale, 1986 Crown Victoria
Squad Car #21 and 1987 Chevrolet Caprice Squad Car #10.
Squads #21 and #10 were declared surplus property and their sale
authorized to Suburban Auto Sales for a total price of $3,512.
F. Declare Surplus Property/Authorize Sale of Onan 12 KW Generator
and Propane Fuel Tank.
An Onan 12 KW generator and propane fuel tank were declared surplus
property and their sale authorized.
G. Ratification. Resolution on Proposed Dakota County Incinerator.
Because of questions by Councilmember Wachter, this item was removed
from the Consent Agenda and placed under Additional Items.
H. Contract 87-DDD, Acknowledge Completion (Stoney Pointe - Streets
and Utilities.
Completion of Contract 87-DDD, Stoney Pointe - Streets and
Utilities, was acknowledged and perpetual maintenance by the City was
authorized subject to appropriate warranty provisions.
1. Approve Specifications/Authorize Advertisement for Bids, Park
Maintenance Tractor.
The specifications for replacement of a tractor in the Parks and
Recreation Department were approved and a bid opening scheduled for March
16, 1990.
J. Replacement Vehicle/Investigation.
Acquisition of a 3/4 ton cargo van from Harold Chevrolet was
authorized for the Police Department in the amount of $13,861.57.
Wachter moved, Gustafson seconded, a motion to approve the Consent
Agenda items except as described with the adoption of the agenda and as
noted herein. Aye: 5 Nay: 0
Page 5/EAGAN CITY COUNCIL MINUTES
February 20, 1990
PUBLIC HEARINGS
There were no public hearings scheduled for this meeting.
OLD BUSINESS
EXTENSION OF PRELIMINARY PLAT
OAK CLIFF POND 2ND ADDITION
Gustafson moved, and Wachter seconded, a motion to extend the
preliminary plat for the Oak Cliff Pond 2nd Addition (Brutger Equities,
Inc.) for one year upon condition that Condition #17 be revised to read,
"The development is required to provide a storm sewer outlet to the
northerly adjacent property sized to accommodate ultimate development of
that property. Aye: 5 Nay: 0
ON-SALE LIQUOR LICENSE/XAVIERS
Gustafson moved, and Wachter seconded, a motion to continue the
Conditional Use Permit for Xaviers, Inc., located in the Town Centre
Shoppes, 1260 Town Centre Drive, and an on-sale liquor license until
March 6, 1990, pending submission of all financial data necessary for
staff's recommendation. Aye: 5 Nay: 0
OFF-SALE LIQUOR LICENSE/CHEERS
Mr. Daniel Herbst and Mr. Mark Smith made presentations regarding
their off-sale liquor license application. Mr. Richard Barone also
requested approval of his application. Discussion followed as to the
number of licenses available for off-sale and whether or not two
applications could be acted upon. After much discussion, it was
determined that because of their CSC zoning, neither application would
prejudice future policy decisions for off-sale liquor licenses and that
Council could take action on both applications. Mayor Egan then
requested that Police Chief Geagan attempt to gather any empirical data
available linking any increase in health, safety and welfare concerns to
the number and/or location of off-sale liquor licenses. Any data
received will be used in the formulation of future policy concerning
these licenses.
Gustafson moved, McCrea seconded, a motion to approve the off-sale
intoxicating liquor license for Daniel Herbst, in the name of Cheers Wine
& Spirits, Rahncliff Crossings Shopping Center. Aye: 4 Nay: 1 (Egan)
Page 6/EAGAN CITY COUNCIL MINUTES
February 20, 1990
OFF-SALE LIQUOR LICENSE/RICHARD BARONE
Gustafson moved, Wachter seconded, a motion to approve an off-sale
intoxicating liquor license to Richard Barone for a store to be located
in the Cedar Cliff Shopping Center. Aye: 4 Nay: 1 (Egan)
RATIFICATION/RESOLUTION ON PROPOSED DAKOTA COUNTY INCINERATOR
At this point, Councilmember Wachter requested the resolution on the
proposed Dakota County Incinerator be discussed. The Councilmember had
a question regarding the wording in a portion of the resolution.
After staff explanation, Gustafson moved, and Wachter seconded, a
motion to ratify the resolution concerning the proposed Dakota County
Resource Recovery Facility, drafted to reflect Council action taken at
the February 6, 1990, City Council meeting. Aye: 5 Nay: 0 R-90.9
NEW BUSINESS
PRELIMINARY PLAT EXTENSION
TOWN CENTRE 100 7TH ADDITION
Wachter moved, and Gustafson seconded, a motion to approved a one-
year preliminary plat extension for the Town Centre 100 7th Addition
subject to the following changes in the original preliminary plat
approval:
1. Condition #8 of the original approval be modified to require a 6'
wide sidewalk instead of 5'.
2. The pending assessments identified have been levied and no longer
apply.
3. The financial obligation identified for lateral benefit from trunk
storm sewer should be modified to $36.50 per lineal foot instead of
$62.75 per lineal foot (213 Lineal Feet X $36.50) for a total of $7,775.
A fourth condition making the plat subject to the Water Quality
Management Plan was not included. Aye: 5 Nay: 0
PRELIMINARY PLAT EXTENSION FOR AUTUMN RIDGE
McCrea moved, and Gustafson seconded, a motion to continue the
preliminary plat extension for the Autumn Ridge Addition to the March 6,
1990, regular City Council meeting.
Aye: 5 Nay: 0
Page 7/EAGAN CITY COUNCIL MINUTES
February 20, 1990
PRELIMINARY PLAT/JOSEPH CONNOLLY ADDITION
Gustafson moved, McCrea seconded, a motion to approve a preliminary
plat entitled Joseph Connolly Addition. Aye: 5 Nay: 0
CLIFF ROAD WATER TREATMENT PLANT
DESIGN STUDY REPORT
After Director of Public Works Colbert answered questions from the
Council regarding cost and site comparisons, Messrs. Rosene, Fields,
Russack and Sanders from the engineering firm of Bonestroo, Rosene,
Anderlik and Associates, provided a brief overview of the proposed Cliff
Road Water Treatment Plant.
Gustafson moved, Wachter seconded, a motion to receive the Design
Study Report, approve the construction of Project 548, Cliff Road Water
Treatment Plant Facility, and authorize the preparation of detailed plans
and specifications. Aye: 5 Nay: 0
ORDINANCE AMENDMENT/PET SHOP LICENSING
Wachter moved, McCrea seconded, a motion to approve an ordinance
amendment to City Code Chapter 6, Section 6.43, regarding pet shop
licensing, including a $50 annual fee for such license. Aye: 5
Nay: 0
ORDINANCE AMENDMENT/KEEPING ANIMALS AND FOWL
McCrea moved, Wachter seconded, a motion to approve an ordinance
amendment to City Code Chapter 10 regarding the keeping of animals and
fowl. Aye: 5 Nay: 0
VARIANCE/TWIN CITIES TREE TRUST
Wachter moved, Pawlenty seconded, a motion to approve a variance
from City Code requirements for the Twin Cities Tree Trust to allow
overhead power lines at Lot 14, Block 00, Registered Land Survey #4,
Property ID #10-90040-014-00. Aye: 5 Nay: 0
WAIVER OF PLAT
ROBERT ENGSTROM COMPANIES
Gustafson moved, McCrea seconded, a motion to approve a waiver of
plat for Robert Engstrom & Associates for Parcel 021-29 within the Gopher
Eagan Planned Development and that the waiver of plat be subject to:
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February 20, 1990
1. Recording with Dakota County within sixty days of City Council
action with documentation being provided to City staff.
2. All other applicable ordinances.
3. Obtaining an easement for Pond JP-33.
4. Obtaining a storm sewer easement.
Aye : 5 Nay: 0 R-90.10
CUB FOODS
SPECIAL PERMIT/TEMPORARY GREENHOUSE
After expressing concerns regarding the safety of having a
temporary greenhouse in the Cub Foods parking lot, the effect it would
have on traffic flow in and out of the shopping area and the loss of 24
parking spaces in an already crowded parking lot, Wachter moved, McCrea
seconded, a motion to deny a special use permit for Cub Foods to
construct a temporary greenhouse in a fenced sales area located in the
Cub Foods parking lot. Aye: 5 Nay: 0
RESOLUTION/LANCE PLANNED DEVELOPMENT
COMPREHENSIVE GUIDE PLAN AMENDMENT/EXECUTION OF PD AGREEMENT
McCrea moved, Gustafson seconded, a motion to continue indefinitely
a resolution granting a Comprehensive Guide Plan Amendment for Lance
Company. Aye: 5 Nay: 0
RESOLUTION/O'NEIL PLANNED DEVELOPMENT
COMPREHENSIVE GUIDE PLAN AMENDMENT
McCrea moved, Pawlenty seconded, a motion to continue indefinitely
the comprehensive guide plan amendment, the Planned Development
Agreement, and transportation corridor study for the O'Neil Planned
Development. Aye: 5 Nay: 0
PRELIMINARY PLAT/EAGAN CENTER 5TH ADDITION
In introducing this item, it was pointed out that the reference to
a location within the Eagan Center 5th Addition for the proposed YMCA is
misleading. The YMCA has as yet not chosen a location and are in fact
looking for a corporate gift of 6 to 12 acres. Further references to a
YMCA facility will be deleted.
Councilmember Pawlenty mentioned that the intersection where one of
the center's internal streets meet Daniel Drive could become a problem
in the future. Harold Skjelbostad (BRW) said that the design of the
intersection could easily be changed to alter traffic flow in and out of
the center.
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February 20, 1990
Gustafson moved, Pawlenty seconded, a motion to approve a
preliminary plat for Eagan Center 5th Addition subject to the following
conditions:
1. These standard conditions of plat approval as adopted by Council
action on September 15, 1987, shall be complied with: Al, B1, B2, B3,
B4, C1, C2, C3, C4, C5, D1, El, F1, and G1.
2. An amendment to the Lexington South Planned Development shall
be made that illustrates the conceptual design of the retail area and ice
arena.
3. All four sides of the buildings shall be constructed of brick.
4. All rooftop mechanical equipment shall be screened.
5. No exterior sales displays, advertising, or outdoor speaker
advertising shall be permitted.
6. An overall landscape plan shall be attached to the Planned
Development Agreement. All landscaped areas shall be irrigated. Three-
foot berming along Diffley Road and Lexington Avenue shall be required.
7. An overall sign plan shall be attached to the PD Agreement. The
variance to allow the pylon signs shall be permitted in the locations
shown on the conceptual site plan. Separate conditional use permits will
not be required. All signage on the retail area shall be contained
within the uniform sign band. All signage shall be subject to the City's
sign fee.
8. All trash and recycling storage for the retail building and ice
arena shall be contained within the buildings. All other areas shall
either have it contained within the building or in a structure attached
to the building and constructed of the same building material.
9. All environmental permits shall be obtained prior to any
construction.
10. The development is required to plat the entire 80' right-of-
way for Lexington Pointe Parkway.
11. The development is required to direct storm water runoff to
areas in accordance with the intent of the City's Comprehensive Storm
sewer Plan.
12. The development is required to limit nutrient loading to the
downstream waterbodies to predevelopment levels.
13. The development is required to complete the street system,
sanitary sewer, watermain, storm sewer and storm water ponding areas
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February 20, 1990
necessary to serve all the platted lots included in the proposed Eagan
Center 5th Addition as well as the outlots adjacent to Lexington Avenue,
Diffley Road, and the areas northerly and southerly of proposed Lexington
Pointe Parkway.
14. The completion of the City's trunk watermain system in
accordance with the City's Water Supply and Distribution Plan to serve
the proposed development is required.
15. No access to Diffley or Lexington shall be allowed from the
outlots.
16. All building plans shall be reviewed by the Advisory Planning
Commission and the City Council prior to final plat approval.
Aye: 5 Nay: 0
COMMENTS
The City Administrator distributed copies of a letter received from
Diane Whebbe regarding the Rahn Road project. Ms. Whebbe requested that
the trailway be constructed of concrete rather than bituminous. After
discussion,-the Council decided to leave the trailway construction as is.
The City Administrator asked for nominations to the MWCC General
Advisory Committee. It was suggested that John Griggs be approached
regarding his interest in serving on behalf of the City. If the City
Council has a recommendation for the MPCA Air Quality Advisory Committee,
the nomination will be ratified at the March 6, 1990, meeting. Mayor
Egan will recommend Councilmember Gustafson to Independent School
District #191 for their Citizens Resource Committee. The Committee's
charge is to conduct a search for a new Superintendent of Schools in that
district.
INDOOR SHOOTING RANGE/EAGAN POLICE
Councilmember Gustafson brought up the issue of a shooting range for
the Police Department. The Cities of Apple Valley and Burnsville are
collaborating on an outdoor shooting range and the City has contacted
them about participating. It is felt, however, that an indoor range
would be far superior to an outdoor one and that alternatives need to be
explored now.
McCrea moved, and Wachter seconded, a motion to pursue cost studies
for an indoor shooting range and to investigate which other cities may
have an interest in participating in the development of this type of
facility. Aye: 5 Nay: 0
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February 20, 1990
Councilmember McCrea participated this past week in the
Certification of D.A.R.E. program 5th graders at Thomas Lake Elementary.
It is an excellent program.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist
dated January 31, 1990, in the amount of $2,763,163.11, the checklist
dated February 19, 1990, in the amount of $168,281.59 and the checklist
dated February 20, 1990, in the amount of $418,485.33. Aye: 5 Nay: 0
EXECUTIVE SESSION/ADJOURNMENT
The City Council adjourned the regular meeting to an executive
session to consider attorney/client privileged information at 11:35 p.m.
Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea,
Pawlenty and Wachter, City Administrator Hedges and City Attorney
Sheldon. The executive session was adjourned at 11:45 p.m.
KF
CITY OF EAGAN
, City Clerk