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01/05/1982 - City Council Regular10�fI t.'T MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 5, 1982 A regular meeting of the Eagan City Council was held on Tuesday, January 5, 1982 at 6:30 p.m. at the Eagan City Hall. All members were present, including new member Jerry Thomas. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. OATHS OF OFFICE City Clerk Eugene VanOverbeke administered the oath of office to incum- bent Bea Blomquist as Mayor, incumbent Tom Egan as Councilmember, and newly elected Councilmember Jerry Thomas. AGENDA Wachter moved, Egan seconded the motion to adopt the Agenda as presented. All voted yes. 1. December 15, 1981 regular meeting. Egan moved, Wachter seconded the motion to approve the Minutes as prepared. All voted in favor. 2. December 8,_ 1981 special meeting. Egan moved, Smith seconded the motion and all voted in favor to approve the Minutes. 3. December 16, 1981 special meeting. Egan moved, Wachter seconded the motion to approve the Minutes as distributed. All voted yea. CONSENT AGENDA The staff presented the following consent agenda items and recommended approval. 1. MWCC Joint Use Rental Agreement. It was recommended that the Joint Use Rental Agreement with the Metropolitan Waste Control Commission for the sewer line extension from the Seneca Plant to the old Cedar Grove sludge pond at the rate of $100.00 per year, be approved. SEE AGREEMENT FILE 2. Killdeer Addition Renamed from Joyce Addition. A request from the developers of the Joyce Addition, Reverend and Mrs. Reuben Meissner, was submitted requesting a change of name to Killdeer Addition, in that Joyce Addition is already being used in Dakota County. It was recommended that the revised name be approved. R 82 -1 i SEE PLAT FILE 1 Council Minutes January 5, 1982 3. Ches Mar East 1st Addition Utility Contract 79 -3. Mr. Colbert stated that the contractor, Fredrickson Excavating Company, Inc. had refused to acknowledge the amount of the final payment due, to an outstanding claim in the amount of $8,900.00 that Fredrickson has claimed against the City and the developer for additional work on the streets in the subdivision. The developer has refused to pay the amount and Mr. Colbert recommended that the City not pay the $8,900.00 claim, in that work was done on streets which were improved exclusively by the developer. It was recommended that the City Council approve the 8th and final payment request for Improvement #79 -3 to Fredrickson Excavating Company, Inc. in the sum of $500.00 and accept for perpetual main- tenance the improvements in the subdivision. Wachter moved, Smith seconded the motion to approve the foregoing Consent Agenda items as recommended. All voted yes. GALA%IE AVENUE - FEDERAL COST PARTICIPATION AGREEMENT Public Works Director Colbert recommended to the City Council that it approve the MnDOT Agency Agreement for federal participation for Improvement #81 -1 consisting of field and construction engineering and technical services required to monitor and manage the Galaxie Avenue improvement project. Wachter moved, Egan seconded the motion to accept the recommendation and approve the agreement. All voted in favor. R 82 -2 SEE AGREEMENT FILE RUSTIC HILLS ADDITION - STREET LIGHT INSTALLATION It was noted that the developer of Rustic Hills Subdivision did not install street lights as a condition of final plat approval and the City therefore hired a 'private electrical contractor to install the improvements. The bonding company for the subdivider indicated it would release funds to the City provided formal acceptance of the street lights by the City Council is given. Smith moved, Egan seconded the motion to approve the ornamental street light installation for Rustic Hills Addition and accept for perpetual main- tenance and recommend a reduction in the subdivision bond of $2,300.00. All voted in favor. THOMAS LAgE HEIGHTS ADDITION - STREETS AND UTILITIES It was recommended by the Public Works Director that sanitary sewer, water main, storm sewer and streets within Thomas Lake Heights Addition, which were installed by private contractor through the developer, be accepted. Upon motion by Wachter, seconded Egan, it was resolved to accept all utilities and streets in Thomas Lake Heights Addition for perpetual city maintenance and authorize reduction in the development bond in consideration for the accept- ance of the public streets and utilities. All voted yes. 2 Council Minutes January 5, 1982 IMPROVEMENT PROJECT #351 - COUNTRY HOME HEIGHTS STORM SEWER A Petition was submitted by several property owners in Country Home Heights Addition for feasibility report concerning extension of storm sewer laterals from Pilot Knob Road to a low point on Egan Avenue adjacent to City park property. The report has now been completed and submitted to the Council for approval. There was considerable discussion concerning the proposal for installing the storm sewer laterals and the method of equalizing assessments, including grants of credit to lots previously assessed for storm sewer lateral installation. Smith moved, Wachter seconded the motion to accept the Prelimi- nary Report and to schedule a public hearing on the Report for February 2, 1982 at 7:00 p.m. at City Hall. All voted yes. SEE PROJECT FILE BURNET REALTY - PYLON SIGN The application of Burnet Realty for conditional use permit for business pylon sign at 4655 Nicols Road was next considered. The Planning Commission held a public hearing on November 24, 1981 and recommended approval at its meeting on December 22, 1981, subject to conditions. There was considerable discussion with the representative present from Burnet relating to compli- ance with the 300 foot spacing for pylon sign and the representative indicated that Burnet was aware of this and Mr. William Brandt, the owner of the office complex, was also aware of the spacing requirement. Wachter moved after discussion and Egan seconded the motion to continue the application until the next regular meeting to receive written consent from the owner acknowledging the 300 foot spacing and that no further variances will be granted for addi- tional pylon signs on the project without compliance with the existing ordi- nance spacing requirement provision. All voted yes. GRAVEL PIT PERMIT RENEWALS Mr. Hedges indicated that at the City Council meetings of December 1 and December 15, 1981, questions were raised concerning the applications of Arnold Leitner for gravel pit permit renewal on Meadowview Drive and also Rauenhorst Corporation renewal in several sections of its development in the City. There were concerns about Rauenhorst Corporation not complying with provisions of the revised ordinance and the earlier ordinance and it was suggested that Rauenhorst be required to refrain from removing excessive materials in the proposed 35 -E corrider. After discussion, Smith moved to approve the applica- tion of Rauenhorst Corporation for renewal of the gravel pit permit subject, however, to the City staff reviewing the existing conditions of the excavation and further, compliance with existing Ordinance No. 8, including safety and sloping provisions and further, that Rauenhorst Corporation be notified re- garding these conditions. All voted in favor. Wachter moved, Egan seconded the motion to continue the application of Arnold Leitner until the next regu- lar meeting to determine whether there are any safety issues in compliance with the current excavation ordinance involved in the operation by Mr. Leitner. All voted in favor. 3 a dJ Council Minutes January 5, 1982 CABLE T.V. RESOLUTION A resolution was adopted at the last Cable Television Advisory Committee meeting regarding the proposal of cable television for the City of Eagan and the resolution has now been reviewed by the City's Cable T.V. legal counsel, Tom Creighton. After discussion, upon motion by Smith, seconded Egan, it was resolved that the following resolution was recommended by the Cable Television Committee be adopted: That the Eagan City Council hereby RESOLVES that the proposal for private ownership franchise for cable television for the City of Eagan be approved with an option for municipal purchase of the system. Such an R.F.P. would include a preliminary draft franchise ordinance which would outline the specifics of the municipal purchase option including, but not limited to, procedures for establishing purchase price, a time period for the exercise of the option to purchase and other conditions to benefit municipal ownership. R 82 -3 All voted in favor. DONALD RAS14USSEN - GARAGE PERMIT The application of Donald Rasmussen for special permit to move a garage on to property located at 1525 Cliff Road was next considered. The three -car garage will be moved from MnDOT right -of -way to Mr. Rasmussen's home and the Chief Building Inspector has reviewed the application. Wachter moved, Smith seconded the motion to approve the special permit, subject to compliance with City ordinance regulation requirements. All voted yes. NON -UNION SALARY SCHEDULE FOR 1982 The salaries for all department heads, supervisory and other non -union personnel were reviewed by the City Administrator and recommended for approval. The positions of Public Works Superintendent, Utility Foreman, Street Foremen and Park & Recreation Foreman were excluded pending a plan for reorganization being submitted to the City Council. Upon motion by Smith, seconded Egan, it was resolved that the proposal submitted by the City Admini- strator to approve the salaries for non -union personnel, excluding Public Works Supervisory personnel for 1982 be approved. All voted yes. POLICE DISPATCHERS CONTRACT The City Administrator announced that a settlement had been tentatively arrived at with the Police Dispatchers for 1982 and recommended the ratifica- tion of the contract between the City and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local #320. Blomquist moved, Egan seconded the motion to approve the ratification of the contract with the Police Dispatchers as recommended. All voted yes. SEE AGREEMENT FILE Council Minutes January 5, 1982 BROOKS SUPERETTE - AMUSEMENT DEVICE LICENSE An application from Lauren Bradford Pederson requesting three amusement device licenses for the Brooks Superette located at 4225 Nicols Road was reviewed. The amusement devices have been installed in the store and it was noted that an application for amusement licence in the PDQ store had been denied at an earlier time by the Council. Wachter moved, Egan seconded the motion to deny the application for reasons similar to those given at the time of the consideration of the PDQ application, including the fact that the store is close to two schools, that the owner has installed the machines without acquiring approval from the City, that some complaints have been received by City Council Members concerning such machines; further, that the Ordinance has time limitations, whereas Brooks Superette is open 24 hours a day and there would be difficulty in enforcement of the time restrictions. All voted yes. 1982 SEMM AND WATER RATE IN CREASES The City consulting engineering firm of Bonestroo, Rosene & Anderlik has completed a water and sewer user rate study to make recommendations concerning user charge fees for 1982. It was noted there was a large increase in the MWCC charge causing a need to increase the sewer rates from 1981. However, the rates for all user charges by the City are a very nominal increase, if at all. Colbert stated that the economies of scale and fewer personnel per capita, are reasons for the very slight increases in the City user rates. Wachter moved, Thomas seconded the motion to approve the sewer and water user rate schedule as recommended by the consulting engineer, effective January 1, 1982. All voted yes. D 82 -1 911 EMMGENCY TELEPHONE SERVICE The Dakota County Board of Commissioners at its December 22, 1981 board meeting approved funding responsibility for the 911 network installation costs for Dakota County, including the City of Eagan. This would amount to an installation saving for the City of Eagan of $22,367.00. Installation will occur some time in 1982 and will become operational in 1983 as mandated by the Minnesota Legislature. Wachter moved, Egan seconded the motion to accept the proposal of Dakota County and to send a letter of acceptance and appreciation to the Board, with the understanding that additional issues regarding the 911 Emergency Telephone Service will be reviewed during the development of the system. All voted yes. JANUARY 1982 COUNCIL AND CONHITTES MEETINGS A schedule of Council, Planning Commission, Advisory Park Committee and other Committee meetings was distributed to the Council and the following meetings were scheduled amongst others: January 7, 1982 at 6:30 p.m., the Committee to study subdivision, ordi- nance revisions and height limitations. 5 Council Minutes January 5, 1982 January 12, 1982 at 5:30 p.m., the Council will interview Advisory Park Committee and Advisory Planning Commission vacancy applicants. January 13, 1982 at 5:30 p.m., the Council will interview additional applicants for the Advisory Planning Commission and the Park Committee. January 28, 1982 at 7:00 p.m., the hearing on the proposed water treat- ment facility will be held at St. John Neumann Church. READER BOARD SIGN A proposal through the Lions Club that the City participate in the cost of a reader board sign on the Police facility property on Pilot Knob Road at a total cost of approximately $5,000.00, to be shared 50% with the City and 50% with the Lions Club, was discussed by Council members. Noting the uncertainty of City finances and State Aides from the State of Minnesota and the fact that the City is now studying the possible construction of a new City Hall on the police facility site, the Council instructed the City Administrator to contact the President of the Lions Club, Roger Lee, and indicate that the City Council could not at the present time, make a committment of participation on the sign. URBAN DISTRICT CLASSIFICATION - LANE OA[ ROAD The Director of Public Works researched the definition of Urban District and its application for Lone Oak Road between Trunk Highway #13 and Pilot Knob Road. He stated that one - quarter mile section of the County Road falls within the classification of Urban District, and recommended the Council request a reduced speed limit for this section of roadway, indicating the request would be made for reduced speed limit for that section of roadway with a reduced school zone speed limit adjacent to Pilot Knob School. The Council requested the staff to pursue those issues and also special legislation regarding the revision to the definition of Urban District for the City of Eagan. CEDAR CLIFF CO*=CIAL ADDITION A Memorandum from the City Planner, Dale Runkle, regarding County Plat Commission's view concerning the access points to the proposed Cedar Cliff Commercial Addition at Cliff Road and Nicols Road was considered by the Council. After discussion, Mayor Blomquist moved that the City Administrator request a formal determination from the County Plat Commission, as a body, as to the request of the City Council regarding the proposed Cedar Cliff Commer- cial Addition. Egan seconded the motion and all voted yes. A Vii' * ; Sra+ Council Minutes January 5, 1982 CAPONI VS. CITY OF EAGAN - QUIGLEY LANE The City Attorney, Paul Hauge, submitted a letter dated January 4, 1982, outlining the Findings and Order of Commissioner Joseph Alexander of the Department of Natural Resources, concerning the lake level setting of Quigley Lake. He noted that the DNR Commissioner had followed the recommendations of Hearing Examiner Allen Klein, but requested that the permit for the outlet structure not be issued until the City, developers or other interested parties acquire all property rights and interest necessary to maintain the lake level. Noting the need under that recommendation to acquire easements, the Council also discussed the possibility of appealing the Order to the District Court. Wachter moved, Egan seconded the motion to accept the recommendation of the staff that the determination of the DNR Commissioner not be appealed to the District Court. All voted yes. Paul Hauge requested authority of the Council to pay the sum of $62,425.00 to the Clerk of District Court consisting of the City's appraisal for the acquisition of pond easements on the Dennis McCarthy property north of Wescott Road. Smith moved, Egan seconded the motion to approve the recommen- dation. All voted yes. DINEEN CONDEMNATION - (YN4II.SSIONER'S AWARD The Commissioner's award for the acquisition of the sanitary sewer line across the Michael Dineen property east of Dodd Road has now been submitted by the three Commissioners appointed by the District Court. They awarded the sum of $3,200.00 consisting of the same amount as that determined by the City's appraiser. Egan moved, Wachter seconded the motion to authorize payment of the amount to the Clerk of District Court, plus payment of the costs of the Commissioner and other costs incurred by the City in the condemnation action. All voted yes. WILDERNESS RUN ROAD SIGNS Mayor Blomquist discussed with council members the signs that had been illegally placed near the Fire Hall on Wilderness Run and Pilot Knob Roads, noting that there is a serious safety hazard resulting from the signs. It was also noted that the signs erected by Tilsen no longer appeared to be necessary in that location. Blomquist moved, Smith seconded the motion to order the signs installed without permits to be removed by the following Monday and that the signs erected by Tilsen Construction Co. also be removed; and further that additional signs will not be considered by the Council, due to safety reasons in that location. All voted yes. N Council Minutes January 5, 1982 Council members again discussed the progress of the History Committee concerning the completion of the history of Eagan, noting that it would be desirable to complete the book prior to the dedication of the new Dakota County Library. Wachter moved, Egan seconded the motion to request the City Administrator to contact the History Committee and encourage completion of the history by February 2, 1982. All voted yes. LAKE BILLESBY DAM Councilman Wachter noted that the County Board is now considering comple- tion of the Lake Billesby Dam for the creation of energy. Wachter moved, Smith seconded the motion to encourage the County Board to proceed with the completion of the Dam facility for purposes of creating supplementary elec- trical energy at the earliest possible time. All voted yes. HISTORICAL DISPLAY CASE Wachter then moved, Blomquist seconded the motion to instruct the City Administrator to assemble all City historical maps and objects and that a display case be installed in the City Council Chambers to display the articles. All voted yea. CAROL LINDO - VIENNA WOODS ADDITION ASSES4ffiITS A request from Carol Lindo that the City respread the assessments for utilities and streets from lots owned by her to the balance of the lots in Vienna Woods Addition, according to the agreement entered into by the devel- opers of Vienna Woods Addition and the City of Eagan, was next considered. The Public Works Director recommended a supplemental assessment roll be pre- pared and that a hearing on the supplemental assessments covering that portion of Project #259 relating to the respread of the Carol Lindo property lot assessments, be scheduled for February 2, 1982 at 7:00 p.m. at the City Hall. Smith moved, Wachter seconded the motion to accept the recommendation and schedule a public hearing for February 2, 1982 at 7:00 p.m. at City Hall. BONESTR00, ROSENE, ANDERLIK & ASSOCIATES - 1982 FEE SCHEDULE A revised fee schedule for the consulting engineering firm was submitted to the City Council for review. Smith moved, Egan seconded the motion to approve the schedule. All voted yes. D 82_2 0 � 0 4", A i, VJ Council Minutes January 5, 1982 III as ;4_ Wachter moved, Egan seconded the motion to authorize the Checklist dated December. 31, 1981 , subject to the submission of any revisions to the City Administrator within the next two days by City Council members: All voted in favor. FT131C i; Mil Egan moved, Wachter seconded the motion to adjourn at 10:00 p.m. All voted yes. PHH City Clerk V