07/01/1980 - City Council Regular
0"x..°.16
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 1, 1980
A regular meeting of the Eagan City Council was held on Tuesday, July 1, 1980,
at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers
Smith, Parranto, Egan and Wachter. Also present were City Public Works Director
Colbert, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge.
AGENDA
Wachter moved, Egan seconded the motion, to approve the agenda as distributed.
All voted yea.
JUNE 17, 1980 MINUTES
Smith moved, Parranto seconded the motion, all voted in favor, to approve
the minutes.
POLICE DEPARTMENT
Police Chief DesLauriers was present and recommended that the City approve an
amendment to the Joint Cooperative Agreement establishing the Suburban Police Recruit-
ment System. Smith moved, Parranto seconded the motion, to approve the amendment
as recommended. All voted yea.
A 80-14
OAK CHASE ROAD SPEED
Mr. and Mrs. Thomas Brost were present and requested the Council consider
steps be taken to reduce the excessive speed on Oak Chase Road between Cliff Road
and Wilderness Run Road. Property owners had signed a petition requesting the action.
Smith moved, Wachter seconded the motion to authorize the installation of one or
two additional speed limit signs and that the Police Department patrol Oak Chase
Road on an increased basis for two weeks. All members voted in favor except Blomquist
abstained because she lives on that street.
PUBLIC WORKS DEPARTMENT
Public Works Director Tom Colbert reported.
1. Erosion Control. Public Works Director Colbert stated that the City now
requires that boulevard areas in all new construction areas must be restored with
top soil and vegetative covering. He stated that all plans and specifications for
street construction will include the standard requirement and recommended that the
change orders be approved covering all existing street improvement contracts to
require the developer to pay for the installation of erosion control measures.
Wachter moved, Egan seconded the motion, to approve the concept in the policy and
requested that a policy be drafted by the Public Works Director including retro-
activity to all existing street improvements projects. All voted yes.
Council Minutes
July 1, 1980a
Page Two
2. Fire Stations #1 and #3. Mr. Colbert stated that the contractor on
Fire Stations #1 and #3 is not completing the construction as quickly as the contract
provides. No action was taken.
3. Sewer and Water Service Connections. The Public Works Director requested
the Council consider a policy requiring any existing and newly constructed homes
be connected to sewer and water if available and accessible. There was discussion
concerning mandatory connection noting that the present policy is that there is no
mandatory requirement, but it was suggested that if either sewer or water is hooked
up that the other utility must also be hooked up. Parranto moved, Egan seconded
the motion, to request that the Public Works Department prepare a study and make
recommended proposals to the Council. All voted in favor.
CONSENT ITEMS
The following items were submitted and recommended for approval to the City
Council.
1. Temporary Beer Permit --Eagan Threshing Bee. The application of Mrs.
Dorothy Ohman for August 2. and 3, 1980 for a temporary beer permit was submitted.
2. Proclamantion of National Cancer Day. A proclamantion from the United
Cancer Institute requesting September 8th be National Cancer Day throughout the
United States. - D 80-57
3. Change Orders, Project #237 and #79-11. Change Order #3 to Thomas Lake
Road Improvement Project #237 with McNamara Vivant Contracting Company in the sum
of $11,872.43 was submitted and recommended for approval. Change Order #1 to #79-11
to Enebek Construction Company in the amount of $9,210.00 for Wilderness Run Road
trunk utilities was submitted and recommended for approval.
4. Galaxie Avenue Grading, Project #311. The feasibility report for Project
#311 consisting of Galaxie Avenue street work in the area of Safari Estates Addition
was submitted and recommended for approval by the City Engineer and further, that a
public hearing be scheduled for August 5, 1980, at 7:00 p.m. at the City Hall.
5. Ridge Cliffe Addition. The feasibility report for Project #314 concerning
improvements to Ridge Cliffe Addition was submitted by the City Engineer. It was
recommended that the feasibility report be accepted and approved and that the public
hearing be scheduled for August 5, 1980, at 7 p.m. at the City Hall.
Smith moved, Wachter seconded the motion to approve the recommendations covering
all of the consent items. All voted in favor.
PROJECT #298, JOHNNY CAKE RIDGE STREET IMPROVEMENTS PUBLIC HEARING
The Mayor convened the public hearing regarding Improvement Project #298
concerning street improvements on Johnny Cake Ridge Road. The City Engineer and the
City Public Works Director briefly explained the project and it was noted that the
hearing had been continued from June 17, 1980. It was noted that the road improve-
ments for Johnny Cake Ridge were elminated from the 1980 street construction program
and it was now noted that Mallard Park 2nd and 3rd Additions final plat are being
considered for approval. Smith moved to deny the installation of Project #298 for
1980 with the understanding it will possibly be considered favorably in 1981 if the
request for the improvements is resubmitted. Egan seconded the motion and all
voted in favor.
lC
Council Minutes
July 1, 1980
Page Three
PROJECT #292, HIGHVIEW AVENUE REVISED
The next public hearing convened by the Mayor consisted of Highview Avenue street
improvements Project #292 revised. The engineer explained the project. A number
of people appeared both favoring and objecting to the improvements with the proposal
under the revised project to include the total upgrading of the west end of Highview
and double seal coating the east half together with storm sewer improvements. Some
noted the dangerous condition of the road at certain times of the year, the dust condi-
tions, and others objected to any improvements. There were questions by Mr. Odink
and Mr. Drenckhahn, concerning corner lot assessments. Parranto moved, Smith seconded
the motion to close the hearing, to order in the project on the west half of the street
covering street improvements and storm sewer improvements and to delay the decision
on the street improvements on the east half until the next regular meeting with the
understanding, however, that storm sewer improvements will be installed in the whole
project. Those in favor were Blomquist, Egan, Parranto and Smith. Against was Wachter.
Smith then moved, Parranto seconded the motion, to continue the balance of the public
hearing regarding the street improvements on the east half of Highview Avenue until
the next regular meeting. All voted yes except Wachter who voted no.
PROJECT #310, CHES MAR EAST 1ST ADDITION STREET IMPROVEMENTS
A public hearing regarding Improvement Project #310 consisting of street improve-
ments for Ches Mar East 1st Addition was next convened by the Mayor. There were no
objections to the project. There was a question from one person in the audience con-
cerning Lexington Avenue improvements. City Engineer Rosene explained the project.
Parranto moved, Wachter seconded the motion, to close the hearing, to order in the
project and authorize the preparation of plans and specifications. All voted yes.
PROJECT #312, FIRST MINNEHAHA ADDITION UTILITIES AND STREETS
Mayor Blomquist convened the public hearing regarding Improvement Project #312
consisting of utility and street improvements for First Minnehaha Addition. There
were no objections. Mr. Rosene reviewed the project and it was noted that sidewalks
will be constructed on the north side of the street at the present time. Wachter
moved, Parranto seconded the motion, to close the hearing, to order in the project,
and to authorize the preparation of plans and specifications. All voted yes.
EAGAN METRO 2ND ADDITION STORM SEWER VACATION
The public hearing regarding the application of Eagan Metro Center 2nd Addition
for vacation of a storm sewer easement within the Metram Apartment Project on Silver
Bell Road was next convened. The City Attorney reviewed the request and indicated
that an easement will be acquired from the developer covering the revised location
of the storm sewer. It was noted that the storm sewer had been located in an incorrect
location and the Council requested that necessary costs for the relocation incurred
because of the location be paid by the developer. Smith moved, Egan seconded the
motion, to close the hearing, and to approve the vacation and authorize the execution
of the resolution vacating the easements subject, however, to the acquisition of the
revised easement to the staff's approval. All voted in favor.
R 80-53A
Council Minutes
July 1, 1980-_'
Page Four
PARAPHERNALIA CONTROL RESOLUTION
Tom Hedges, City Administrator, explained to the Council the proposal being
made by interested residents and business persons to raise funds for the control of
drug paraphernalia and related issues in the City and general area. He also stated
that a revised drug paraphernalia ordinance will be submitted to the Council fairly
soon and that other municipalities are considering the adoption of an ordinance.
It was noted that the Association of Metropolitan Mayors of which Bea Blomquist is
a board member is participating in a joint effort to coordinate drug control measures
throughout the area. A resolution was submitted to the Council for proposed adoption
relating to the support for the fund raising proposal for interested business persons
and individuals. Wachter moved, Egan seconded the motion, to accept and approve the
resolution as revised. All voted in favor.
Mayor Blomquist reviewed the progress in other cities in the state requesting
that the City of Eagan act as a clearinghouse for drug paraphernalia ordinance infor-
mation. Blomquist moved, Wachter seconded the motion, that the City of Eagan act as
a clearinghouse for information relating to drug praphernalia ordinances for other
interested cities and groups within the state. All voted in favor.
Mary Jane Swenson and Nancy Haustader were present and it was noted that they
will assist in coordinating the Eagan effort under the nonprofit corporation name
"CAAD", Coordinated Action Against Drugs. R 80-53B
FAITH FAMILY FELLOWSHIP
The application for special use permit for Faith Family Fellowship Church and
school at the former Globemaster industrial building on Cedar Avenue was next considered.
Pastor Grady Miller was present and it was noted that the Council had requested ad-
ditional information at its June 17 meeting concerning the application. It was
noted that a permit for a Montessori School had been denied within the Silver Bell
Shopping Center, a commercial area, and there were comments from the Council that
an industrial area is not an appropriate area for a school or church. After discus-
sion concerning the potential traffic problems that could be created at the school,
safety issues for the children, the industrial location, the fact that the church has
an option to purchase the property in an area that does not appear to be appropriate
and the potential tax exemption that would be acquired for the site, that other schools
are zoned for public use and are not in industrial areas, Wachter moved, Smith seconded
the motion, to deny the application for the reasons mentioned above. All voted in
favor.
LEMBKE 1ST ADDITION PRELIMINARY PLAT
The application of Werner Lembke for preliminary plat approval and rezoning
from Agricultural to I-1, Limited Industrial and conditional use permit for truck
terminal for Lembke lst Addition located in Section 14 was next considered. It was
noted that the Planning Commission had not acted on the application. Egan moved,
Wachter seconded the application, all voted in favor to continue the application
indefinitely. All voted yes.
Council Minutes C"'IJ'0
July 1, 1980
Page Five
TWIN VIEW MANOR 2ND ADDITION PRELIMINARY PLAT
The City Administrator stated that the application for Richard Strom for
preliminary plat approval of Twin View Manor Second Addition, located in Block 4,
Twin View Manor, had not been acted upon by the Planning Commission. Wachter moved,
Parranto seconded the motion, to continue the application indefinitely. All voted
yes.
CABLE TELEVISION COMMITTEE
Mr. Hedges stated that a memorandum had been prepared by the City Administrator
explaining the two issues related to cable television including the establishment
of a cable service territory and formation of a citizen advisory board for the
purpose of reviewing objectives, needs, and other related facets of cable television
for the community. He noted that an application was being submitted by South St.
Paul for proposal for cable service television in certain Northern Dakota County
communities. After considerable discussion, Wachter moved that the Council act in
favor of establishing a cable television territory as proposed by South St. Paul, and
to approve the application being submitted to Minnesota Cable Communications Board
as submitted by South St. Paul. Egan seconded the motion. All members voted in
favor.
Smith then moved, Wachter seconded the motion, to authorize the formation of
an advisory cable television committee consisting of five councilmembers and an
additional five to eight citizens whose names will be submitted to the Council for
approval at the next meeting. All voted yea.
IMPROVEMENT #79-11, WILDERNESS RUN ROAD TRUNK UTILITIES
The Consulting Engineer recommended that Improvement #79-11 consisting of
Wilderness Run Road trunk utilities be accepted by the Council and authorize final
payment in the amount of $50,329.50 to Enebek Construction Company. Egan moved,
Parranto seconded the motion to approve the recommendation. All voted yes.
PRELIMINARY PLANS FOR I-35E
The City staff has received a copy of the preliminary layout plans for I-35E
for that portion one-half mile north and south of Lome Oak Road. A description of
that portion of I-35E in relation to County Road #26 was discussed including sidewalk
and trail installation to provide connection with Lexington Avenue and Eagandale
Boulevard and the relocation of a 16 inch trunk water main. A resolution from
Mn/DOT was reviewed and upon motion by Wachter, seconded Smith, it was RESOLVED
that the resolution as presented be adopted with the following conditions:
1. The continuation and installation of a 10 foot sidewalk on the north side
and a six foot sidewalk on the south side from Lexington Avenue to Eagandale
Boulevard by Mn/DOT.
2. All right,,of way be acquired from affected properties with the connection
of the west service road to Eagandale Boulevard prior to submission of final plan
approval by the City of Eagan.
All members voted in favor.
R 80-54
Council Minutes OO i1
July 1, 1980
Page Six
IMPROVEMENT #80-3, MISCELLANEOUS PLANS AND SPECS FOR HIGHLINE TRAIL
The plans and specifications for Improvement #80-3 consisting of the con-
struction of the Highline Trail between Blackhawk Road and Nicols Road was sub-
mitted for consideration. It was noted that all easements are in the process
of being acquired and the City will be responsible for 25% of the estimated
$60,000 cost. There was discussion concerning an alternate for snowmobile trail
whether on Shale Lane or around Rahn School. There were objections from certain
Councilmembers that no provisions for snowmobile trails had been provided.
Blomquist moved, Smith seconded the motion to continue the consideration of
the plans and specifications until the issue of the location of the snowmobile
multipurpose trail including use for horses is determined so that plans can
be provided for the snowmobile trail including the location and the provisions
covering cost. All voted yes.
CEDAR CLIFF THIRD ADDITION FINAL PLAT
The application of Zachmann Homes for approval of the final plat of Cedar
Cliff Third Addition was next submitted. Steve Ryan of Zachmann Homes was present.
There were no objections. He noted that this was the second addition to be
completed and there were no changes from the original preliminary plat. Smith
moved, Parranto seconded the motion, all voted in favor to approve the final
plat subject to compliance with the normal City ordinance requirements. All
voted yes.
R 80-55
D 80-58
MALLARD PARK SECOND AND THIRD ADDITIONS FINAL PLATS
The application for final plat approval of Mallard Park Second and Third
Additions was submitted and there were no objections to the applications. Staff
recommended approval. Egan moved, Parranto seconded the motion, all voted in
favor to approve the application for Mallard Park Second Addition subject to
normal ordinance requirements. Smith then moved, Egan seconded the motion,
to approve the final plat of Mallard Park Third Addition also conditional upon
compliance with City ordinances. All voted yes.
R 80-56A & 56B
D 80-59A & 59B
WEDGEWOOD ADDITION FINAL PLAT
The developer requested that final approval of Wedgewood Addition plat
be continued and upon motion by Parranto, seconded Egan, it was RESOLVED to
continue the application until July 15, 1980. All voted in favor.
CANTERBURY FOREST FINAL PLAT
It was noted that the developer had not completed the final plat of Canter-
bury Forest and Parranto moved, Egan seconded the motion, all voted in favor,
to continue the consideration until the July 15, 1980 meeting.
0011--Z
Council Minutes
July 1, 1980
Page Seven
BRIAR HILL SECOND 2ND ADDITION FINAL PLAT
Representatives of Tollefson Builders were present and submitted the application
for final plat approval of Briar Hill 2nd Addition. The staff recommended approval
and it was noted that no changes were made from the preliminary plat. Egan
move, Blomquist seconded the motion, to approve the final plat of Briar Hill
2nd Addition subject, however, to proper containment of construction debris
around the Briar Hill plats because of complaints from local residents. All
voted in favor.
R 80-57
D 80-60
RIDGECLIFFE SECOND AND THIRD ADDITION FINAL PLATS
Mr. Orrin Thompson and Mr. Bob Carlson appeared regarding the application of
Orrin Thompson Homes for final plat approval of Ridgecliffe Second and Third
Additions. It was noted that the park land intended to be dedicated will not
be dedicated but that a $20,000 escrow to guarantee the park land dedication
will be required. Parranto moved, Smith seconded the motion, to approve the
final plat of Ridgecliffe Second Addition subject to ordinance compliance and
submission of the $20,000 cash escrow in lieu of park. All voted yes. Smith
then moved, Parranto seconded the motion, all voted in favor, to approve the
plat of Ridgecliffe Third Addition subject to the City ordinance requirements.
All voted in favor.
R 80-58A & 58B
D 80-61A & 61B
RIDGECLIFFE ADDITION MODEL HOMES
An application from Orrin Thompson Homes for building permits for eight model
homes in Ridgecliffe Addition was submitted for approval. Parranto moved, Egan
seconded the motion, to approve the application subject to compliance with other
normal City requirements for model homes on Hauge Circle. All voted yes.
CONSULTING ENGINEER'S HOURLY RATE SCHEDULE
A letter from Bob Rosene of Bonestroo, Rosene, Anderlik & Associates requesting
revision to their hourly rate schedule for engineering services rendered to
the City was reviewed. Smith moved, Wachter seconded the motion, to approve
the request effective May 1, 1980. All voted yes.
AUDIT REPORT 1979
The 1979 Audit Report was reviewed by the City Administrator and Director
of Finance as prepared by Wilkerson, Guthman & Johnson. After questions by
Councilmembers, Smith moved, Parranto seconded the motion, to accept and approve
the 1979 Audit Report. All voted yea.
D 80-62
Council Minutes
July 1, 1980
Page Eight
ADMINSITRATIVE TRANSFER AND DATA PROCESSING EQUIPMENT
Gene VanOverbeke, the City Finance Director, was present and discussed
with the Council a proposed change for the existing accounting system to that
of electronic data processing equipment in the near future. He submitted written
information concerning a proposed data processing system for the City showing
comparisons between the accounting machine and the electronic system. In addition,
he reviewed with the Council comparative amounts for administrative transfers
with other surrounding cities and proposed to increase the administrative transfer
from 2% to 4% for utility improvements in the City, based upon the excessive
administrative work involved in the utility projects installed by the City.
There were no objections in using it for a revenue raiser, and the Finance Com-
mittee recommended against the increase at this time, but would consider it
at budget time. It was recommended that the staff further define the uses for
the funds in greater detail and return to the Council.
CITY LABOR EQUIPMENT RATES
Tom Colbert submitted a recommended list of equipment rates for the use
of City labor and equipment for developers or builders in the City. It was
noted that there was no intent to make a profit from the charges and the staff
recommended approval. Smith moved, Wachter seconded the motion, all voted in
favor, to approve the schedule as submitted by the Public Works Director.
IMPROVEMENTS #80-1 AND #80-8 CONTRACTS
City Attorney Paul Hauge submitted two contracts covering Improvement Project
#287 with Erickson Brothers consisting of Improvement #80-1 and miscellaneous
improvements under Improvement #80-8 with Fredrickson Excavating Company, Inc.,
and recommended approval of the contracts. Smith moved, Egan seconded the motion,
all voted in favor to approve the contracts and to authorize their signature.
FORTUNE REALTY MANDAMUS ACTION
The Mayor indicated that she had been served with a Writ of Mandamus by
Fortune Realty, Inc., to compel the City Council to act favorably toward the
approval of the Safari at Eagan commercial complex at Cliff Road and Thomas
Lake Road. Councilmembers instructed the City Attorney to defend on behalf
of the City but to pursue other alternates for resolution of the problem of
the action. The Council would request that Dunn & Curry and the developer of
the commercial area attempt to work out a resolution to the Safari at Eagan
issue.
METRAM EASEMENT VACATION
Wachter moved, Egan seconded the motion that all costs incurred by the
City projects comparable to the Metram storm sewer easement revision be paid
by the developer in each case in the future. All voted in favor.
OC16
Council Minutes
July 1, 1980
Page Nine
CONSOLIDATING IMPROVEMENT PROJECTS
Upon motion by Wachter, seconded Parranto, it was RESOLVED that Project
#219 and #269 consisting of Improvements #79-20, Duckwood Drive and Denmark
Avenue Streets, be combined for bidding purposes only and further that Improvement
Projects #241 and #248, consisting of Improvements #31-21, Saddlehorn, Lakeside
and Overview Estates streets, be combined for bidding purposes only. All voted
in favor.
VOUCHERS
Blomquist moved, Egan seconded the motion, all voted in favor to approve
the following vouchers: 1061-1065; 10457-10559; 15791-15879.
ADJOURNMENT
Upon motion by Parranto, seconded Egan, all members voting yea, it was
RESOLVED that the meeting adjourn at 11:26 p.m.
Dated: July 1, 1980 _ PHH
City Clerk