09/15/1981 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 15, 1981
A regular meeting of the Eagan City Council was held on Tuesday,
September 15, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Parranto, and Egan. Also present
were City Administrator Hedges, City Engineer Rosene, and City Attorney Hauge.
AGENDA
Blomquist explained that the meeting could not be officially convened
until 8:00 p.m. due to the fact that State Law does not permit an official
meeting of a City Council during the period that an election is being held
within the Municipal boundaries. It was noted that District #196 is holding
an election to determine whether a mill rate increase should be levied within
the district. The polls will close at 8:00 p.m. She stated that no official
action will be taken until 8:00 p.m., but that the Council will review,
discuss and invite comments from any members of the audience present concern-
ing items that are considered prior to 8:00 p.m. Both Mayor Blomquist and
City Administrator Hedges periodically, until 8:00 p.m. , stated or explained
the procedure for the evening concerning official action.
MINUTES
The Minutes of September 1, 1981 Council Meeting were reviewed and it was
noted on page 1 that the City Softball Tounament was held on August 29, rather
than September 29; further, on page 7, Traitor should be spelled Trader.
PARK DEPARTMENT
Mr. Hedges indicated that a grant had been awarded to the City for Rahn
Thomas Trail Park II by the State of Minnesota Planning Agency, which will be
completed by December 31, 1981. A portion of the trail covered under the
grant agreement was installed early in 1980 but because of pending construc-
tion of I-35E between Blackhawk and Woodgate, that portion of the trail con-
struction had not been completed. It was recommended that a request for
extension of the Contract until December 31, 1982 be requested and that the
bicycle trail be constructed on the Easterly termini of the Highline trail,
and near Blackhawk Road.
CONSENT AGENDA
The council briefly discussed the consent agenda items and there was no
objections to the agenda issues.
CRIMINAL JUSTICE SUBCOMMITTEE
Mayor Bea Blomquist announced that on September 28, at 7:00 P.M. the
Criminal Justice Committee of the Minnesota House of Representatives will meet
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September 15, 1981
at the Eagan City Hall to review criminal justice issues for the next legisla-
tive session. In particular, the proposed adoption of the model drug paraphe-
nalia enforcement act will be discussed.
SURPLUS EQUIPMENT
Bids for surplus equipment have been received for the sale of a 1964 Ford
with Wayne Frederich submitting the high bid of $900.00 and, a bid for the
1964 International truck from Wayne Frederich for $1,400.00. Other bids were
also reviewed but no action was taken.
PUBLIC HEARINGS
The following assessment hearings were discussed by the Council. The
City Administrator stated that notices had been published in the legal news-
paper and copies of the Notices mailed to the affected property owners. At
7:00 p.m. the Mayor announced that the Council members would discuss the
proposesd assessments rolls as follows:
1. Project 4277, Deerwood Drive. The adoption of the final assessment
roll for Improvement Project #277 was continued from September 1, 1981 to
answer the questions of Mr. Steve McBurney regarding a previous assessment on
Deerwood Drive. There were no objections to the roll.
2. Project #235, The roll concerned the property owned by L. J.
Parker, 1836 Cliff Road, for trunk water area assessments was then discussed.
No objections were submitted.
3. Project #247, Alexander Road. It was noted the final assessment
construction costs associated with this project exceeded the feasibility
report esimate and were due to documented cost overruns which had been re-
viewed in detail with the developer as they occurred. The assessments covered
street improvements for a total cost of $181,204.44, covering two parcels
assessed over five years at 8% interest, constrsucted under Improvement #79-
16. The hearing on the feasibiltiy report was held on November 21, 1978.
There were no objections to the roll.
4. Project #262, Beacon Hill. The improvements for sanitary sewer,
water, storm sewer and street improvements were reviewed by City Administrator
Hedges and there were no objections to the assessments.
5. Project 4264. Twin View Manor 1st and 2nd Addition. Mr. Hedges
reviewed the proposed assessment roll covering sanitary sewer, water and storm
sewer with assessments for street improvements to be levied at a later time.
Mr. Phillip Scheide, attorney from Apple Valley, appeared on behalf of 14
property owners and submitted written objections to the assessment roll. He
questioned the reason for the interest increase from the 8% to 11% and it was
noted that the interest rate had exceeded the 8% estimate in the original
feasibiltiy report. Mr. Anthony Villelli was also present and objected to the
increased interest charged to the property owners.
6. Project 4274, Silver Bell Road Street Improvements. After reviewing
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September 15, 1981
the assessment roll, a number of affected property owners were present. Joe
Kenneally questioned the assessments as did Lawrence Groven. Mr. Groven
questioned whether the Senior Citizen Deferrment would be approved by the City
Council. Lester Spencer was present and requested an additional pair of catch
basins on Silver Bell Road and old Cedar Avenue as was Mary Rammer, who
objected that gravel was washing into her yard on Old Cedar Avenue. Further
discussions will take place between Mr. Spencer and the Public Works Director.
7. Project #279, Fish Lake Storm Sewer. After review of the project,
there were several questions from affected property owners. Mr. Henry Braun
was present and stated that water drainage is affecting his property and it
was noted that the Public Works Committee will review the issue with Mr.
Braun.
8. Project #299, Northview School Area; and Project #304, Schmidt
Addition. Water, sewer and street improvements for Improvement Projects #299
and 4304 were reviewed. Earl Smith's son, 1021 Diffley Road appeared and
questioned the assessments and the restoration of the improved area on his
property. Anthony Caponi stated that in his opinion there was no benefit for
water trunk purposes to his property because the improvement was on Lexington
Avenue and not along Diffley Road. Written objections were submitted on
behalf of Lexington South, Inc. for both Improvements #299 and #304.
9. Project #308, Duckwood Trail. The water, sanitary sewer and storm
sewer assessments for Improvement Project #308 were discussed. There were no
objections to the assessment roll.
10. Project #311, Galaxie Avenue Street Improvements. There was
discussion concerning Improvement Project #311, and there were no objections.
11. Project 4314, Ridgecliff Addition. The assessment roll covers
water, storm sewer and sanitary sewer improvements in Ridgecliff Addition.
Orrin Thompson Homes, the developers, signed a waiver of final assessment
hearing requesting the Council approve the assessments but that they not be
certified to Dakota County for collection until January 15, 1982. At that
time the developer proposed to pay all assessments in full, including interest
to that date which would preclude the necessity of certifying the assessments
to the County for collection. There were no objections to the assessment
roll.
CONVENED COUNCIL MEETING
At 8:00 p.m. Mayor Bea Blomquist formally convened the City Council
meeting for September 15, 1981 and stated that the Council will review all
issues discussed prior to 8:00 p.m. and will take action on each of the agenda
items.
AGENDA
Upon Motion by Egan, seconded Parranto, it was resolved that the Agenda
as presented be approved. All voted yes.
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September 15, 1981
MINUTES
Minutes of the meeting of September 1, 1981, Parranto moved, Wachter
seconded, all voted in favor to approve the Minutes as revised.
PARK COMMITTEE
Upon motion by Wachter, seconded Egan, it was resolved that the Rahn
Thomas Trail Phase II Grant be requested for extension from the State Planning
Agency. All voted in favor. Smith then moved, Parranto seconded the motion
to request that the funds be used for the extension of Wilderness Run Road
Trail to Dodd Road and further, that the extension near Blackhawk Road, would
also be completed to the extent possible outside of the proposed I-35E con-
struction area. All voted in favor.
SURPLUS EQUIPMENT
Upon motion by Smith and seconded Parranto, it was resolved that the
staff be authorized to sell the 1964 Ford Truck and the 1964 International
Truck to the high bidders. All voted yes.
CONSENT AGENDA
The following consent agenda items were recommended for approval by the
staff:
1. #80-12 Pump House No. 6. It was recommended that the 11th and
final payment of $750.00 for Improvement #80-12 to Lee Reichert Plumbing and
Heating Company be approved and the project accepted for perpetual mainten-
ance.
2. #80-31 Univac Reservoir Repainting. It was recommended that the
council approve the third and final payment of $3,037.40 for Improvement #80-
31 with Allied Painting and Renovating Company and accept the project for
perpetual maintenance by the City.
3. Project #331 Galaxie Park Streets and Utilities. A Petition had
been received from the developers of Galaxie Park Addition and the preliminary
plat has now been approved. It was recommended the Petition be received and
the City Engineer be authorized to prepare the feasibility report for Improve-
ment Project #331 consisting of streets and utilities for Galaxie Park Addi-
tion.
4. Twin City Federal Investment Resolution It was recommended that the
Council authorize the execution of a Resolution designating the Director of
Finance - City Clerk to sign and/or transact City business by telephone or
written authorization regarding investment transactions for City funds with
Twin City Federal.
R 81-59
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September 15, 1981
Upon motion by Parranto, seconded Wachter, it was resolved that the
foregoing Consent Agenda items be approved and authrized to be implemented.
All voted in favor.
FINAL ASSESSMENT HEARINGS
The Mayor formally convened the following public hearings which had been
discussed prior to 8:00 p.m. and the Mayor requested that the Council act upon
each of the projects involved in the assessment hearings.
1. Project #277, Deerwood Drive. Upon motion by Egan, seconded by
Parranto, it was resolved that the Assessment Hearing be closed. That the
assessment roll be approved and that it be authorized to be certified to the
County Auditor. All voted in favor.
2. Project #235, L. J. Parker. Motion by Smith, seconded by Wachter,
to close the hearing, to approve the assessment roll as prepared and author-
ized its certification to the County Auditor. All voted yes.
3. Project #247. Attorney Dennis Dalen for R. L. Johnson, appeared and
submitted written objections to the assessment roll. He had questions
concern-ng the contract between the City and R. L. Johnson prior to construc-
tion of the road and further submitted a Notice of Appeal of the Assessment
Roll. All voted yea.
Egan moved, Smith seconded the motion to close the Hearing, to approve
the assessment roll as prepared and authorize the certification to the County
Auditor. All voted in favor.
4. Project #262, Beacon Hill. The assessment rolls for Improvement
Project #262 consisting of water, storm sewer, sanitary sewer and street
improvements regarding Beacon Hill Addition were submitted for approval.
Wachter moved, Parranto seconded the motion to approve both assessment rolls
and to close the hearing and certify the rolls to the County Auditor. All
voted yes.
5. Project 4264, Twin View Manor lst and 2nd Additions. It was noted
that formal objections had been filed by 14 property owners in Twin View Manor
1st Addition. Egan moved, Parranto seconded the motion to close the hearing,
approve the assessment roll and authorize its certification to the County
Auditor. All voted yes.
6. Project 4274, Silver Bell Road Wachter moved, Egan seconded the
motion to close the hearing and approve the roll and certify it to the County
Auditor. All voted in favor.
7. Project 4279, Fish Lake Storm Sewer. Parranto moved, Smith seconded
the motion to close the hearing, approve the assessment roll as prepared and
authorize its certification to the Dakota County Auditor. All votes yes.
8. Project #299, Northview School. Upon motion by Egan, seconded
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September 15, 1981
Wachter, it was resolved that the public hearing be closed. That the roll be
adopted and certified to the Dakota County Auditor. All voted in favor.
9. Project #3014, Schmidt Addition. Wachter moved, Parranto seconded
the motion to close the hearing, to approve the assessment roll as presented
and authorize it to be certified to the Dakota County Auditor. All voted yes.
10. Project #308, Duckwood Trail. Upon motion by Parranto, seconded
Egan, it was resolved that the hearing be closed, the assessment roll be
adopted and certified to the Dakota County Auditor. All voted yes.
11. Project #311. Parranto moved, Wachter seconded the motion to close
the hearing, to approve the assessment roll as presented to the council and
certify it to the Dakota County Auditor for spreading upon the tax rolls. All
voted yes.
12. Project #3114, Ridgecliff Addition. Smith moved, Egan seconded the
motion to close the hearing, to approve the assessment roll and authorize it
to be certified to the Dakota County Auditor according to the agreement with
the Developer. All voted in favor.
1982 PROPOSED BUDGET
City Administrator, Tom Hedges, briefly reviewed the 1982 proposed budget
and explained the process and the action necessary to adopt the budget. There
were no comments from any members of the audience concerning the budget.
JOHN ODINK EASEMENT VACATION
Mayor Bea Blomquist then convened the public hearing regarding the re-
quest of John Odink to vacate a portion of Pilot Knob Road lying on the East
side of the Odink property at Highview Avenue. There were no objections to
the Petition and the staff recommended approval subject to the respread of
assessments on the Odink property. Egan moved, Wachter seconded the motion,
all voted in favor to close the hearing and to authorize the vacation subject
to respread of assessments as recommended by the staff. All voted in favor.
R 81-60
LEO MURPHY QUIT CLAIM DEED
Mr. Leo Murphy appeared regarding his request that a small access ease-
ment on the Murphy property north of Deerwood Drive be deeded by the City to
Mr. & Mrs. Murphy stating that the City had no reason to retain the very old
access easement placed on the property prior to acquisition of Blackhawk Park
by the City. It was noted that the Advisory Park and Recreation Committee had
recommended approval of the conveyance of the easement to the Murphys.
Wachter moved, Egan seconded the motion to authorize the execution of a Quit
Claim Deed running from the City of Eagan to Mr. & Mrs. Murphy as recommended
by the Park Committee, subject however, to Mr. Murphy paying the City for the
preparation of the Quit Claim Deed and the recording fees. All voted yes.
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NORVIN OAKS PRELIMINARY PLAT AND REZONING
The application of Vincent Storland for preliminary plat approval of
Norvin Oaks and for rezoning from A to Rl was next considered. The item had
been continued from the July 21, 1981 Council Meeting to allow staff time to
research sanitary sewer availability to the proposed preliminary plat area.
Consulting Engineer Bob Rosene explained the proposed sanitary sewer access to
the area. Councilman Wachter vacated his chair and explained that the appli-
cant had originally requested plat approval but required only one building
permit at the present time. He stated further that water would be acquired
from the munciipal water system. Parranto moved, Egan seconded the motion to
grant a variance for one additional single family building permit on the
property provided that it is located so as to allow at least three residential
units on the property in the future; further, when the municipal sanitary
sewer system becomes available, that it will be installed and that the proper-
ty owners will not object to the assessments; further, that the applicant will
provide for an easement for sanitary sewer as requested and that the property
owner proceed to plat property. It was further understood that the basis for
the variance was that a daughter of the applicant will own the additional home
and that this is not intended to be a precedent for the subdivision of compar-
able parcels. All voted in favor except Wachter, who did not vote.
MEDITERRANEAN CRUISE ON-SALE LIQUOR LICENSE
The application of Hussein Ansari for on-sale liquor license for the
Mediterranean Cruise Restaurant on Cedarvale Blvd. has been considered. Mr.
Ansari was present and it was noted the conditional use permit had been
granted for the license on September 1, 1981. There were no objections. Egan
moved, Wachter seconded the motion to approve the license, subject to fulfil-
ling all necessary requirements. All voted in favor.
CEDARCLIFF PUD AND PRELIMINARY PLAT
The application of Steven J. Flanagan for revision to Cedarcliff Planned
Development and preliminary plat approval for Cedarcliff comercial addition
was next reviewed by the Council. The Planning Commission recommended denial
of any revision to the planned development and approval of the preliminary
plat subject to conditions. A number of concerned area residents were present
and Mr. John Flanagan and Tim Kytonen from Charles Windon Associates were
present for the applicant. The neighboring property owners objected to addi-
tional retail use and further objected to the fact that the Planning Commis-
sion had not stated to the residents present at the meeting that they would
consider the preliminary plat after recommending denial of revision to the
planned development. It was noted that the general rule of the Council was
that there would not be additional zoning for commercial purposes unless there
are extenuating reasons. After discussion, Smith moved, Egan seconded the
motion to deny the application for amendment of the planned development on the
basis of the recommendation of the Planning Commission and the reasons given
at the public hearing, noting that there was concerns about road access into
the residential area and the objections to the procedure of the Planning
Commission. All voted in favor. Mr. Flanagan stated that there were no plans
for the uses and he was unable to submit such plans at the present time.
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September 15, 1981
There were also objections to having buildings fronting on the interior street
with the backs of the buildings on the major streets. There was discussion of
a possibility of a cul de sac and access only from Nicols Road. Egan moved,
Parranto seconded the motion to refer the application for preliminary plat
approval back to the Advisory Planning Commission to review the roadway ac-
cess, including that from Nicols road and Cliff Road, and further the access
issues into the residential area; further, that the staff review with the
County Highway Department the plans for Nicols Road, including the access
locations. All voted yes.
HILLTOP PLAZA PRELIMINARY PLAT
The application of James Refrigeration Company for preliminary plat
approval of Hilltop Plaza consisting of office and commercial development on
4.5 acres in Lot 1, Block 4, Hilltop Estates was next considered. James Hill
was present for the applicant and there were no objections to the proposal.
He explained that the first phase has a separate mortgage and thus the reason
for separating the buildings. Councilman Wachter objected to there being no
access completely around the new building on the North side, and it was noted
that the request included an eight foot variance from set-back requirements
along a public street. The architecture will be identical to the current
building in Hilltop Plaza. Parranto moved, Wachter seconded the motion to
approve the preliminary plat, subject to the following:
1. Proper sloping and seeding of the area that has been excavated to
provide a hill rather than a cliff.
2. The asphalt surfacing and concrete curbing shall be provided in all
areas of the parking lot where the paking lot will not be expanded in the
future.
3. Outlot B shall be dedicated to the City for road right-of-way in
conjunction with the upgrading of County Road 30. The road shall also be
constructed at the owner's cost to standards designated by the City at that
time, or, the dedication and upgrading shall occur within six months after the
City has requested the developer to install this roadway and that assessments
may be levied against Lots 2 and 3 of the commercial center when such improve-
ments are installed.
4. The preliminary plat shall be subject to Dakota County Plat Commis-
sioner's review and comments because it abuts County rights-of-way.
5. A landscape plan shall be submitted and approved by the City for the
second phase, and an adequate landscape bond shall be submitted and not re-
leased until one year afater the landscaping has been completed.
6. All other conditions shall apply regarding access and site develop-
ment as was originally approved in accordance with the staff report of March
21, 1979. The site plan shall conform to all other applicable ordinances.
7. A detailed grading and drainage plan shall be submitted and approved
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September 15, 1981
prior to final plat approval. The developer shall be required to complete his
grading prior to the issuance of a building permit for the second phase
construction.
8. The developer shall be required to properly construct driveway
entrances onto County Roads 30 and 31 to the City's approval.
9. The internal storm sewer system shall be approved by the City and
constructed prior to issuance of a building permit.
10. A temporary five-foot bituminous pathway shall be constructed at
developer's expense along the east side of Pilot Knob Road to provide for
pedestrian access to this proposed facility.
11. A cross-easement for parking and access purposes shall be provided
as requested by the City.
Smith then moved, Blomquist seconded the motion to amend the main motion
to authorize the variance from setback requirements along a public street.
Those in favor were Smith and Blomquist, those against were Wachter,
Parranto and Egan. The vote on the main motion without amendment was all in
favor.
D 81-48
LAWRENCE GROVEN - SILVER BELL ROAD ASSESSMENTS
Lawrence Groven appeared on his behalf in requesting senior citizens
assessment deferral under ordinance No. 66 on the basis of age and disability
covering the Silver Bell Road Street and Utility Assessments, Projects #274
and #285.
Parranto moved, Smith seconded the motion to accept the recommendation of
the assessment committee for eligibility under the senior citizen deferral
provision. All voted yes.
HARDEE'S RESTAURANT CONDITIONAL USE PERMIT
The application of Growth, Inc. (Hardee's restaurant) for conditional use
for pylon sign on Lot 1, Block 1, Durning's Addition, 4615 Cedar Avenue, was
then discussed by the Council. Mr. Jullian Bilske appeared for the applicant
and stated that the sign proposed along the freeway that would be lit up at
night would be 105 square feet, but overall 135 square feet. The Planning
Commission recommended denial of two of the variances and the third variance
was sent to the City Council without recommendation. Mr. Bilske requested a
variance for the 10 foot overage above 125 square foot allowance under
Ordinance #16 based upon the substantial additional cost for custom made sign
and further stated that the seven-foot ground sign on the East side of the
restaurant could create a traffic hazard. Councilman Smith stated that he was
opposed to the two variances but that the 135 ft. sign would not be objection-
able. There was also a discussion about possibly moving the existing sign to
the South as a ground sign to avoid any potential hazard. After considerable
discussion, Smith moved, Egan seconded the motion to grant the variance for
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September 15, 1981
10.2 square feet, based upon the applicant representing that the next approp-
riate pylon sign size would be 57.6 square feet, and upon the condition that
the present pylon sign would be revised to comply with the ground sign re-
quirements; further, that the other two requested variances be denied and that
the variance allowed would comply with all existing ordinance requirements.
All voted in favor.
AMOCO STATION PYLON SIGN REQUEST
The application of Thomas Gegax for conditional use permit for pylon
business sign at Amoco Station, Nichols Road and Difley Road, was then consi-
dered by the Council. The Planning Commission acted on Augsut 25, 1981 and
recommended denial of the conditional use permit to the City Council. The
applicant requested a pylon sigsn adjacent to the Cedar Avenue Freeway for
business identification purposes and a revision of the existing pylon sign
located adjacent to Nicols Road. Mr. Gegax and the operator of the station
were present. Mr. Gegax explained the proposal in detail and stated that he
would accept a pylon with non-flashing price sign on Cedar Ave. Egan moved,
Wachter seconded the motion to approve a conditional use permit to allow a
pylon sign on new Cedar Avenue and ground sign on Nicols Road and Diffley
Road, subject to the following:
1. That the Freeway pylon sign not exceed 27 feet in height from ground
level and not exceed 60 square feet per side.
2. That the pylon sign not be located nearer than 10 feet from any
street or highway right-of-way nor nearer than 10 feet from any property or
dividing line.
3. That the signs conform with all applicable ordinance requirements.
All voted yes.
ROSEWOOD CORPORATION ADVERTISING SIGN
An application of Rosewood Corporation for temporary sign advertising the
Four Oaks Apartment complex at the Northeast corner of Yankee Doodle Road and
Coachman Road was considered by the Council. A Representative of Rosewood was
present. Egan moved, Wachter seconded the motion to approve the application
subject to the following:
1. That the sign not exceed 125 sq. ft.
2. That the sign be located no closer than 10 feet from the property
line of the parcel.
3. That the temporary advertising sign shall be approved for one year
and renewed for the second year. All voted yes.
ROGER URBAN - HIGHWAY 3 AND COUNTY ROAD 32
Roger Urban appeared informally concerning his proposal to discuss plat-
ting and rezoning of approximately 12 acres that he owns at the Northeast
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September 15, 1981
corner of the intersection of County Road 32 and Highway 3. Sewer and water
are not available to this site and it was noted that it would probably not be
available for some years. He proposes to construct a small business building
for his computer business at that location and requested informal direction as
to development without utilities. Councilmembers generally indicated that
they would not object to the proposal with the possible requirement that the
owner not object to future assessments when the utilities are installed to the
area. No action was taken.
EDWARD MAYHEW I. R. FINANCING
The final resolution for industrial revenue financing for the Edward
Mayhew Project for an office/warehouse building of approximately 16,000 sq.
ft. at the Southwest corner of Apollo Road and Mike Collins Drive in the
Eagandale Industrial Park was reviewed by the Council. Representatives of the
applicant were present and Smith moved, Wachter seconded the motion to approve
the final resolution for tax exempt financing for the Edward Mayhew Project as
proposed. All voted yes, subject to compliance with all applicable ordinances
and state requirements.
SEE BOND FILE
DAY CARE FACILITIES - ORDINANCE NO. 52
The proposed amendment to Ordinance No. 52 covering Day Care Facilities
was submitted to the Council for approval. Smith moved, Egan seconded the
motion to approve the amendment to Ordinance No. 52, subject to revisions that
were discussed at the Council. All voted in favor.
SEE ORDINANCE BOOK
ORDINANCE NO. 42 & 64 - SUNDAY LIQUOR & WINE OPENING HOURS
Parranto moved, Smith seconded the motion to approve the proposed amend-
ment to Ordinances No. 42 and No. 64, extending the hours for serving liquor
and wine beginning at 10:00 a.m. on Sundays. All voted yes.
SEE ORDINANCE BOOK
SPECIAL ASSESSMENT COMMITTEE - SEPTEMBER 8, 1981
The recommendations of the Special Assessment Committee meeting held on
September 8, 1981 concerning assessments under various projects were then
discussed by the Councilmembers.
1. Dakota County Park - Project #311 - Galaxie Avenue. The street
improvements on Galaxie Avenue along the Dakota County Park land were discuss-
ed. The Dakota County Park Director had requested special consideration
because of limited use presently planned for that park area. There was consi-
derable discussion concerning the use of the Dakota County Park adjacent to
and on the East side of Galaxie Avenue for County purposes and that future
uses of the park would more than likely become much more intense than at the
present time, noting that the park land does benefit from the improvements at
least on a residential equivalent basis. Parranto moved, Smith seconded the
motion that the County Park be assessed along its entire frontage on Galaxie
Avenue according to the normal residential equivalent assessment rate, based
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September 15, 1981
upon full benefit noting that the County Park land could be used to its full
extent in the future without further assessments. It was noted that the City
Council assesses its own property 100% for comparable improvements, and fur-
ther that Dakota County is currently preparing a comprehensive plan for the
area. It was further noted that the trend is that park land is being used for
active park purposes to a much greater extent. All in favor except Egan, who
voted No.
2. Granville House, Inc. - Project #302. The request of Granville
House, Inc. for special consideration on the basis of hardship for reduction
of the total amount of assessments for storm sewer construction under Project
#302 consisting of the I-494 Improvements was next reviewed. Wachter moved,
Egan seconded the motion to accept the recommendation of the Assessment
Commit-ee that the assessments against the property remain as calculated
noting that the total acreage is approximately 14.5 acres and that the staff
prepare the assessments and include them in the asessment roll for project
302. All voted in favor.
3. William O'Neill Trunk Storm Sewer - Project #302. The request of
Mr. William O'Neill for reduction in assessments for Lots 3 and 4 of O'Neill's
First Addition affected by I-494 and Trunk Highway #149 Improvements was next
reviewed. Egan moved, Parranto seconded the motion to *accept the recommenda-
tion of the Assessment Committee that both Lots 3 and 4 be assessesd at the
full storm sewer assessment rate. All voted yes.
4. Kollofski's Addition Trunk Storm Sewer - Project #302. The request
of several property owners including Mr. & Mrs. John Francy in Kollofski's
Addition to revise the proposed assessments rates from the commercial-
industrial rate to residential storm sewer rates was brought before the
Council. Upon motion by Smith, seconded Egan, it was resolved that the
Assess-ent Committee's recommendation, to reduce the assessment to the residen-
tial rate but in the event that the use of any of the parcels in Kollofski's
Addition upon which residential homes are currently built, is changed to
another use, that the assessments be amended at that time to comply with the
assessment rates then in effect for that property. All voted yea.
5. Robert Johnson, Kings Road Surfacing - Project #259. No action was
taken on the request of Mr. & Mrs. Johnson for revision of the proposed
assessments for Kings Road Improvements under Project #259 upon staff recom-
mendation and consultation with the Johnsons.
NORTHVIEW & THOMAS LAID; SCHOOLS SUPPLEMENTAL ASSESSMENTS
It was noted that District #196 had not paid its water connection permit
fee for Thomas Lake Elementary School on Thomas Lake Road and the District
requested that the connection fees for sanitary sewer and water to the
Northview Elementary School be spread over 15 years at 8% interest, including
the water connection fee for Thomas Lake School. The wavier of objections
submitted by the School District was also noted. Wachter moved, Egan seconded
the motion to approve the final assessment roll for utility connection permits
for Northview Elementary School and Thomas Lake Elementary School and autho-
rize the certification to the County for collection of the charges as pro-
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September 15, 1981
posed. All voted in favor.
IMPROVEMENT 81 - 14 WILDERNESS RUN ROAD
The plans and specifications for Improvement 81-14 consisting of Wilder-
ness Run Road construction from Capricorn Court to Dodd Road were reviewed by
the Council. Parranto moved, Wachter seconded the motion to approve the plans
and specifications and to authorize the Clerk to advertise for bids to be
opened on October 8, 1981 at 10:30 a.m. at City Hall. All voted yes.
IMPROVEMENT 81 - 15 WINKLER/JACKSON ADDITION
AND BROWN'S POND OUTLET IMPROVEMENTS
The plans and specifications for Pro jecct #344 for the installation of
sanitary sewer to the Winkler/Jackson First Addition and Project #339 for
construction of the alternate storm sewer outlet from the Beacon Hills Addi-
tion were presented to the Council. Parranto moved, Egan seconded the motion
to approve the plans and specs for Improvement #81-15 and to authorize adver-
tisement of bids to be opened at 10:30 a.m. on October 8, 1981. All voted in
favor.
HEIDI SCHIELA EASEMENT AND ASSESSMENTS - DODD ROAD
The City Attorney, Paul Hauge reviewed with the Council a request from
Heidi Schiela for the payment of $3,936.00 for damage to the Schiela property
on Dodd Road due to the construction of Dodd Road and in addition the sum of
$1,000.00 for road right-of-way. Smith moved, Wachter seconded the motion to
authorize the City Attorney to continue to negotiate with the attorney for Ms.
Schiela and authorize the final negotiated price to be paid for the damages
and the easement. All voted in favor.
THOMAS SCHULTZ - PILOT KNOB ROAD
The City Attorney requestd approval of the payment of $1,432.56 for storm
sewer easement purposes based upon a negotiated price for the easement under
the 1980 Fish Lake storm sewer Project. Wachter moved, Parranto seconded the
motion to approve the payment. All voted yes.
SENATE FILE 898 - CABLE T.V.
The City Administrator submitted a resolution prepared by Tom Creighton,
special Cable T.V. Counsel. It was recommended for approval by the Committee
to be adopted by the City Council. The bill would prohibit cities or states
from regulating or establishing rates for subscriptions to cable and informa-
tional services and would prohibit cities from requiring public access chan-
nels and prohibit city ownership of cable systems. Smith moved, Egan seconded
the motion to approve the resolution with the understanding that it would
provide for municipal ownership of cable t.v. systems. All voted in favor.
R 81-61
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Council Minutes
September 15, 1981
EAGAN CITY ORDINANCE CODIFICATION
City Administrator Tom Hedges again discussed with the Council a proposal
to hire Roger Jensen of Municipal Ordinance Codifiers, or to codify the Eagan
ordinances under a contract price of $15,000.00. Parranto moved, Egan sec-
onded the motion to approve the proposal for the ordinance codification which
funds shall be paid from 1981 budgeted funds. All voted in favor.
MARDELANN ADDITION AND LEXINGTON SOUTH SECOND ADDITION
A request from Frank Hasselman, the Developer of the proposed Mardelann
Addition for one year extension of the submission of the application for final
plat and the application of Mr. Richard Roeglin for one year extension for the
submission of the final plat of Lexington South Second Addition were discussed
by the Council. Egan moved, Parranto seconded the motion to approve the
extensions. All voted yea.
VOUCHERS
Wachter moved, Egan seconded the motion to approve the following vou-
chers: Check lists dated September 15, 1981 and September 16, 1981.
All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded the meeting adjourned at 12:00 p.m.
PHH
City Clerk
114