03/03/1981 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 3, 1981
A regular meeting of the Eagan City Council was held on Tuesday, March 3,
1981 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
Councilmembers Parranto, Egan, Smith and Wachter. Also present were City
Public Works Director Colbert, City Engineer Rosene, City Administrator
Hedges, and City Attorney Hauge.
GIRL SCOUT WEEK
A number of Girl Scouts were present and the Mayor proclaimed the week of
March 8 through 14, 1981 as Girl Scout Week in the City of Eagan.
AGENDA
Egan moved, Parranto seconded the motion to approve the agenda with the
deletion of the application of J.P.K. Park Company for final plat approval as
requested by the applicant. All voted yes.
MINUTES
Wachter moved Parranto seconded a motion to approve the minutes of the
regular City Council meeting of February 17, 1981. All voted in favor.
PARK DEPARTMENT
Park Director Ken Vraa was present.
1. Park Department Automobile. Mr. Vraa recommended that the low bid for
the purchase of a Ford Fairmont from Ridgedale Ford including a $600 rebate be
accepted by the City Council with a total bid of $6,762. Wachter moved, Egan
seconded the motion, all voted in favor to approve the recommendation.
2. Truck and Snow Plow. Specifications were distributed to seven dealers
for a three quarter ton pickup with snowplow and quotations have been received
from four dealers. Mr. Vraa indicated that the estimate for the truck and the
snowplow had been below $10,000, that additional items had now been added to
the base bid, that it had been anticipated that a used truck would have been
traded in, and further that the base bid is well below $10,000. Noting that
the low bid with the plow and the extra items was from Ridgedale Ford in the
sum of $10,157.88, Councilmembers indicated that had the used truck been
traded in it would have been well below the $10,000 advertisement limit. On
the basis of the foregoing information and the recommendation of the Park
Committee, Smith moved, Parranto seconded the motion to accept the low bid of
Ridgedale Ford in the sum of $10,157.88 but to delete a strobe light in the
approximate amount of $185 leaving a balance of $9,972.88 and award the con-
tract to Ridgedale Ford. All voted yes.
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March 3, 1981
3. Used Truck with Snow Plow. Upon recommendation of the staff that the
truck and snow plow be retained for backup purposes, the Council discussed the
trade in of $1,500 through Ridgedale Ford. Parranto moved, Egan seconded the
motion to authorize taking sealed bids for the used truck and snow plow and to
return the bids to the City Council. All voted yes.
CONSENT AGENDA
The following consent items were submitted to the Council and recommended
for approval by the City staff:
1. County Road #31 Traffic Signal Agreement. A Traffic Signal Agreement
covering traffic signals at County Road #28 and at County Road #26 on Pilot
Knob Road (County Road #31) with Dakota County was submitted for approval.
The contract provides for a 50/50 split between the City and County for all
costs incurred with combined costs for both signal systems at $62,500. It was
recommended that Traffic Signal Agreement No. 81-88 be approved and the City
officials be authorized to execute the agreement. A 81-5
2. Improvement #79-2 Change Order, Beacon Hills Streets. A seven part
change order to Improvement #79-2 concerning Beacon Hills streets consisting
of Change Order No. 2 was recommended for approval in the sum of $4,093.01 as
detailed by the Public Works Director.
3. Improvement #79-20, Duckwood Drive. Change Order No. 2 for Improve-
ment #79-20 covering Duckwood Drive street improvements in the sum of
$4,514.87 was next submitted and recommended for approval.
4. Improvement #236A, Meadowlands lst Addition Utilities. The Public
Works Director recommended that final payment and acceptance of Improvement
Project #236A covering Meadowlands 1st Addition Utilities and final payment of
$1,428.25 to Fredrickson Excavating Company be approved by the City Council.
5. Improvement Project #323, Coachman Land Company lst Addition Streets
and Utilities. A petition had been submitted by the developers of Coachman
Land Company 1st Addition for street and utility improvements and it was
recommended that the feasibility report submitted by the City Engineer cover-
ing Improvement Project #323 be accepted and that a public hearing be
scheduled by the City Council for April 7, 1981, at 7:00 p.m. at the City
Hall.
6. Improvement Project #328, Ches Mar East 4th Addition Streets and
Utilities. A recommendation was made by the Public Works Director to receive
the feasibility report covering Improvement Project 328 relating to Ches Mar
East 4th Addition streets and utilities and to schedule a public hearing for
April 7, 1981, at 7:00 p.m. at the City Hall.
Wachter moved, Egan seconded the motion to approve the recommendations
for the above consent items. All voted in favor.
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March 3, 1981
COUNTY ROAD #31 BIKEWAY CONSTRUCTION
The Council then considered the Supplemental Agreement No. 1 for trail-
ways covering County Road #31 relating to construction and funding of new
trails within Dakota County. On March 7, 1978, the Dakota County Board of
Commissioners officially adopted the trailway plan providing for County con-
struction of a bikeway along one side of a county road in conjunction with the
upgrading of the respective section of the county road. The funding would be
on a 55/45 basis whereas now the Dakota County Park Department is preparing a
long range comprehensive plan to provide for 100% funding for county trail-
ways. The supplemental agreement with Dakota County No. 31-05 on Pilot Knob
Road was providing for 55/45 cost participation split and was recommended for
approval. Commissioner James Kennedy and County Highway Director Bob Sandeen
were present. Egan moved, Wachter seconded a motion that the Council approve
the agreement mentioned above with the understanding that the resolution of
the Council be attached to the agreement regarding retroactivity of any new
cost participation. All voted yes. R 81-12
A 81-6
PROJECT 318 YANKEE SQUARE SHOPPING CENTER STORM SEWER AND STREET
IMPROVEMENTS
Mayor Blomquist convened the public hearing regarding storm sewer and
street improvements in the Yankee Square Shopping Center area at Yankee Doodle
Road west of Pilot Knob Road. Mr. Colbert introduced the project and City
Engineer Rosene detailed the proposal. He noted that there had been contact
from Univac and no objection from Univac regarding the project. Representa-
tives of Dakota County were present and there were no objections to the
proposal for either street or storm sewer improvemetns. Also, Martin Colon,
the Yankee Square Shopping Center owner, was present with questions. It was
noted that the roadway will be kept open during construction for local traf-
fic. There was also a request that the County construct a bikeway along the
south side of County Road 28 from County Road #31 to Federal Street in con-
junction with the reconstruction of County Road #31. Smith moved, Egan
seconded the motion to close the hearing and order in the storm sewer project.
All voted in favor.
Parranto then moved, Wachter seconded the motion to close the hearing
regarding the state project and to order in the street improvements to include
an 8-foot wide trail on the south side with option for concrete trail if there
is an acceptable method of funding and further dependent upon County/City
sharing of the funding. All voted yes.
PROJECT #325 - - TIMBERLINE STREET LIGHTS
The next public hearing convened by the Mayor concerned street lighting
improvements in the Timberline Addition under Project #325. A large number of
residents of Timberline were present and it was noted that a majority of the
residents had submitted requests for a feasibility study for the street light
installation. Mr. Colbert reviewed the options and there were many questions
about the options, spacing, costs including maintenance and initial costs.
The initial petition had about 46 signatures for study purposes only and the
Councilmembers indicated they would not make a decision without neighborhood
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March 3, 1981
reaction after the hearing. After considerable discussion, Wachter moved,
Parranto seconded the motion to continue the hearing until the owners in
Timberline have a chance to meet and submit a formal reaction to the City
Council by April 7, 1981. It was noted that the reason for the continuance
was because these types of projects are non-essential and service oriented
only and it is not intended for the Council to become involved in neighborhood
debate on such an issue. All voted yes.
WARNING SIREN SYSTEM LOCATIONS
The Mayor then indicated that the location of four warning sirens would
be considered by the Council and that an informational meeting had been held
on February 26, 1981, at which neighbors were invited to be present concerning
the location of the sirens. Mr. Hedges explained the proposal including the
purchase of the four civil defense warning sirens. Doug Reid, the City Civil
Defense Director, and Darrrel Grimes, the County Civil Defense Director, were
present and answered questions. It was suggested that the siren would be
placed at the Pilot Knob School as an alternate to the Timberline pumphouse.
A number of residents and affected persons were present, some with objections
to specific locations. It was noted that it is necessary to have public land
and three phase power, and the density of the existing development and pro-
posed development are also factors for the location of the sirens. Fire
Department representatives recommended the siren be placed on a pole north of
Fire Station No. 1 within the utility easement area. Smith moved, Egan
seconded a motion to accept sites 1, 2, and 4 as recommended to the Council
and site 3 be on the Fire Station roof if possible or within the easement area
or on the north side of the building, and that the cost evaluation and final
recommendations on Site No. 3 be reviewed by the City Council. All voted in
favor.
BARREL RECONDITIONING, INC. VARIANCE AND CONDITIONAL USE PERMIT
The application for Barrel Reconditioning, Inc., for variance from set-
back requirements and asphalt surfacing for a parking lot and conditional use
permit to allow outside storage for Lots 17, 18, and 19, Block 2, Eagandale
Center Industrial Park No. 4, was next considered. The Advisory Planning
Commission recommended approval subject to certain conditions at its January
27, 1981 meeting. James Jordan, president of Barrel Reconditioning was pre-
sent. Wachter expressed concern about potential pollution and Mr. Jordan
addressed the question and explained the PCA applications had been submitted
and that it is expected that no water will get into the sanitary sewer system
because of the cleaning and treatment processes. It was noted that the plant
has also been monitored by the Dakota County Hazardous Waste Division. There
were no objections to the application. Egan moved, Smith seconded a motion to
approve the 15-foot variance from the front setback line to the parking area
and also for asphalt surfacing of the parking area upon the condition that the
surfacing be completed within a period of one year. Egan, Smith, Blomquist
and Parranto voted yes, Wachter voted no. Egan then moved, Parranto seconded
the motion to approve the conditional use permit to allow outside storage
subject to the following conditions:
1. That the storage does not exceed the 6-foot high fence.
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March 3, 1981
2. Dust control measures will be used on the storage area.
3. If and when development occurs to the east of the facility that the
owner shall submit a landscape plan to the City and provide landscaping
acceptble to the City on the east lot line of the property.
Parranto, Smith, Egan and Blomquist voted in favor. Wachter voted against.
D 81-12
GALAXY PARK ADDITION REZONING AND PRELIMINARY PLAT
Mr. Thomas Heiberg appeared on behalf of his application for rezoning
from Agricultural to PD, Planned Development District and preliminary plat
aprpoval of Galaxy Park Addition on approximately 36 acres located in the east
half of the northwest quarter of Section 32 on Galaxy Avenue. The APC recom-
mended approval subject to conditions. Mr. Heiberg was present and reviewed
the project for the Council. There were questions concerning whether the
option Mr. Heiberg had with the owners of the property was sufficient for the
Council to act, whether the sixplexes and eightplexes would be condominium or
townhouse and also whether the easements will be granted as requested by the
City within the area. Mr. Stelious Astelinidos was also present for the
applicant. Mr. Parranto asked staff which area in the ordinance the sixplexes
and eightplexes should be placed and it was recommended that the ordinance be
reviewed to make a determination as to the definition for the proposed condo-
minium type project noting that another proposal is being submitted to the
City for a comparable type development.
There was also discussion with Orrin Thompson concerning the exchange of
property on the east and Mr. Heiberg indicated that he expected the exchange
could take place. It was also noted that the Galaxie right-of-way roadway
will be acquired and built by MN/DOT and the question of assessments against
the Galaxie property was mentioned. Mr. Heiberg asked that the feasibility
study be ordered and that he would submit a petition under the conditions
imposed by the City for the commencement of the feasibility report on utili-
ties and streets. Councilmember Parranto moved and Egan seconded the motion
to continue the application and further to refer to the Advisory Planning
Commission for study and recommendation at the next meeting concerning the
category for condominium type development as proposed in the Galaxy Park
Addition. It was further Resolved that the Council order the feasibility
report with the understanding that the developer will pay the cost of the
report. All voted in favor.
DIAMOND T RANCH SPECIAL USE PERMIT FOR WINE AND 3.2 BEER
Mr. and Mrs. Jerry Thomas appeared on behalf of their application for
special use permit to allow wine and 3.2 beer to be sold in an Agriculturally
zoned area and for wine license, Sunday wine license and 3.2 beer license for
Diamond T Ranch on Pilot Knob Road. There was discussion concerning the
method under the ordinance to request of the application noting that Agri-
culturally zoned property does not authorize such licenses under permitted or
conditional uses. It was noted that light food would be served and also that
the operation is a service to the community. There were concerns, however,
about nearness to the park area and the possible for the County Park Depart-
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ment reaction. It was recommended by the staff that approval should come
under the special permit noting the Council has the right to impose conditions
and to cancel the license if it does not comply with ordinance requirements.
Parranto moved, Smith seconded the motion, to grant the special use permit for
the licenses. All voted in favor except Wachter who voted no. Parranto then
moved, Egan seconded the motion to grant the 3.2 beer and wine licenses with
the understanding that a letter will be forwarded to the County informing the
County Park Department that the licenses have been issued and if there are any
objections to cite such objections in a letter to the City as soon as pos-
sible; further, that the ranch will serve food and that the issuance of a
license is not being made to a commercial enterprise without food; further,
subject to all applicable ordinance requirements. All voted in favor.
TAYLOR VS. SMITH, EGAN AND PARRANTO
The Council then discussed briefly the action being brought by Paul
Taylor against Councilmembers Smith, Parranto and Egan for alleged violations
under the Open Meeting Law and in addition punitive damages. At a special
Council meeting on February 26, 1981, action was taken to authorize legal
defense by the City for the Councilmembers. City Administrator Hedges and
City Attorney Hauge explained that a request had been made of the Eagan
liability insurance carriers whether they would offer defense for the Council-
members and no reply has been received. It was recommended that the Council
defer any action and ask for additional time to interpose an answer in the
action. Wachter moved, Blomquist seconded a motion to authorize the City
Attorney to request a continuance of the time to enter an Answer to the
Complaint and allow time for reply from the insurance carriers for an addi-
tional 20 days. Those in favor were Blomquist and Wachter. Those against were
none. Those abstaining were Smith, Parranto and Egan. The matter will be
placed on the next regular Council meeting agenda.
MILEAGE ALLOWANCE FOR CITY EMPLOYEES
The City Administrator reviewed the mileage allowances for the admin-
istrative position and other persons who are reimbursed for mileage for use of
their individual vehicles. Wachter moved, Egan seconded a motion to increase
the allowance to the City Administrator to $200 per month to cover mileage
allowance and meal expenses on City business and $.20 per mile effective March
u, 1981, for all other City employees using their personal vehicles. All
voted in favor.
FISCAL DISPARITIES LAW
The City has received Resolutions approved by the City Councils of Inver
Grove Heights and Burnsville both of which call for repeal of the Fiscal
Disparities Law. There was considerable discussion concerning the bill com-
monly known as the "Pot Bill" and it was noted the net loss to the City of
Eagan for 1980 due to the Fiscal Disparities Bill was $6,736,530. There was
discussion concerning the philosophy of the law and the impact upon the City
and possible need for adjustments to the law. Wachter moved, Parranto
seconded the motion to approve a resolution calling for the repeal of the
Fiscal Disparities bill, and recommended, in effect, that the Legislature
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March 3, 1981
seriously review the bill with the aim toward making adjustments in the law.
All voted in favor. All legislators and the administrators of Burnsville and
Inver Grove Heights will be sent copies of the Resolution.
R 81-13
IMPROVEMENT PROJECT #316 GALAXIE AVENUE STREETS AND UTILITIES
Mr. Colbert indicated a major portion of the Galaxie Avenue improvement
will be from MN/50T funds or state aid. He recommended that the Council
accept the feasibility report and set a public hearing. Wachter moved,
Parranto seconded the motion to accept the feasibility report for Improvement
Project #316 and schedule a public hearing for April 7, 1981 at 7:00 p.m. at
the City Hall. All voted yes. Noting the importance of the issue regarding
assessments against property where state funding is received and the state
constructs the project, the City Attorney was instructed to review the issue
in detail.
LEGISLATIVE ACTION CONFERENCE
The League of Cities will hold its annual Legislative Action Conference
at the Capitol Holiday Inn near the State Capitol in St. Paul on Thursday,
March 12 and City Councilmembers were invited to be present.
WILLIAM WEITZEL UTILITY MAINTENNACE WORKER
The Public Works Director recommended that the Council hire William
Weitzel in the position of Utility Maintenance Worker Level I. Wachter moved,
Parranto seconded the motion, all voted in favor to accept the recommendation.
All voted yes.
CABLE TV ADVISORY COMMITTEE MEETINGS
Several special meetings are being scheduled in order to tour cable tv
facilities during the next few weeks.
MUTUAL SERVICE INSURANCE COMPANY HEALTH INSURANCE FOR CITY EMPLOYEES
The City Administrator indicated that the premium increase in the Mutual
Service Insurance Company health insurance policy for the City of Eagan has
been received and that further report will be made to the Council.
ALICE ANDRES CETA EMPLOYEE
It was noted that the CETA position of Alice Andres has terminated with
the City. The City Administrator recomended that the Council authorize hiring
her for part time hours for the City staff. Parranto moved, Wachter seconded
the motion, all voted in favor to hire Alice Andres on a part time basis as
recommended by the City Administrator. All voted yes.
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UTILITY MAINTENANCE WORKER #1
Mr. Don Weckop has resigned as utility maintenance worker unit level #1
and Wachter moved, Egan seconded the motion to accept the resignation and
authorize the staff to advertise for a new person to fill the position.
VOUCHERS
Egan moved, Blomquist seconded the motion to approve the following
vouchers: 0612105-062940. All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 11:15 p.m.
PHH
CITY C RK
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