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06/01/1982 - City Council Regular00134 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 1, 1982 A regular meeting of the Eagan City Council was held on Tuesday, June 1, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith and Wachter. Thomas was absent due to an emger- gency in his family and was excused from the meeting. Also present were City Engineer Rosene, Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the Agenda as pre- pared. All voted in favor. 1. Regular meeting of May 18, 1982. Smith moved, Wachter seconded the motion to approve the Minutes with the exception on page 9, relating to Diamond Lake IR Financing, that an insertion in paragraph 2 relating to Councilman Egan's statement of the issues read as follows: Whether the City Council should authorize financing of equipment and whether the purpose of industrial revenue bond financing is to increase tax base or to finance equip- ment. All voted in favor. 2. Special meeting of April 15, 1982. Egan moved, Blomquist seconded the motion to approve the Minutes. All voted in favor. 3. Special m eeting of April 28, 1982. Wachter moved, Smith seconded the motion to approve the Minutes. All voted yes. It was understood that all Minutes are subject to review by Councilman Thomas with the understanding that he can request corrections in the Minutes. DAKOTA COUNTY ASSESSOR ABATEMENTS William Peterson appeared on behalf of the Dakota County Assessor and submitted a list of proposed abatements to the City Council. 1. Olga W. Labey - Highway #13. Upon motion by Smith, seconded Wachter, it was resolved to reduce the assessed value from $8,034 to $2,000. All voted yea. �C 3 Council Minutes June 1, 1982 2. La Groven - Silver Bell Road. Egan moved, Wachter seconded the motion to reduce the assessed value from $8,982 to $8850. All voted in favor. 3. Peter Rinehart - W_ oodgate 2nd Addition. Upon motion by Wachter, seconded Egan, it was resolved that the assessed value be reduced from $12,002 to $10,825. All voted yes. 4. Ja R. Driscoll - Lakeside Estates Addition. Upon motion by Smith, seconded Egan, it was resolved that the reduction of the assessed value for the Driscoll property be reduced from $22,162 to $20,762. All voted yea. 5. Olaf E. Waldeland - Mr. Steak Restaurant - Cedarvale. Wachter moved, Smith seconded the motion to reduce the assessed value from $82,860 to $75,352. All voted yes. PUBLIC WORKS DEPARTMENT Tom Colbert reported for the Department. 1. Univac Well Field Test Drilling. Mr. Colbert reviewed in detail the request of Sperry Univac that the City make a determination as to whether there would be excessive vibration created from wells drilled by the cable tool method as proposed by the City of Eagan. It is noted that the City of Eagan is proposing to build 8 wells on the Sperry Univac property north of Yankee Doodle Road and west of Pilot Knob Road. Because of the sensitivity of the new and existing Univac facilities, Univac has requested that the City utilize a rotary drilling method, rather than the established cable tool method for the drilling of the wells. The cable tool drilling would be acceptable to Univac if adequate data could be provided indicating its vibra- tions would be less than their acceptable limit and the staff then is recom- mending that the council authorize the hiring of Mr. David E. Fogulson, a consulting geophysicist who would monitor vibrations during the construction of a well. It was also recommended the council authorize the advertising for bids and construction of Deep Well #7 and to monitor its vibration effects during the summer of 1982. Following discussion, Smith moved, Egan seconded the motion to approve the recommendation of the Public Works Department and to authorize the staff to prepare plans and specifications for Improvement Project #358 and to advertise for bids for the development of Well #7 and to contract with Mr. David E. Fogulson to perform the vibration testing asso- ciated with its development. All voted yes. 2 Council Minutes OC 1 4'6 June 1, 1982 2. Consulting Engineering Services Contract. The staff has prepared a proposed agreement with Bonestroo, Rosene, Anderlik & Associates, Inc. to perform both design and contract management functions for the City of Eagan on a contract basis. The Contract would provide for an "errors and omissions" clause with liability insurance in the amount of $1,000,000; it defines the additional scope of services requested by the City to be paid for in an annually approved rate schedule and other variations in the more detailed contract that was previously entered into between the City and the Consulting Engineering firm. Wachter moved, Smith seconded the motion to approve the 1982 Agreement for Consulting Enginerring Services between the City of Eagan and Bonestroo, Rosene, Anderlik & Associates, Inc. and to authorize the Mayor and Clerk to execute the Agreement. All voted yes. SEE AGREEMENT FILE 3. RES Grading Permit. On May 25, 1982, Public Works Committee mem- bers and staff members met with Mr. James Imre and Solly Robins of RES Invest- ment Company at the General Coatings site on Highway #149 concerning the application of RES for grading permit on the site east of #149. The Public Works Committee recommended no additional conditions be placed on the permit other than those already requested by the staff. No further action was re- quired. CONSENT AGENDA The staff recommended approval of the following consent agenda items: 1. Excavation Permit - Arnold Leitner. The application of Arnold Leitner to consider annual renewal of excavation permit to allow black dirt in distribution area on Meadowview Road was reviewed at the January 19, 1982 council meeting. The Council had requested further review after the Spring thaw and the staff recommended approval of the excavation permit for the Leitner black dirt distribution operation. 2. Mechanical M aintenance Agreement. It was recommended that a heating, ventilating and air conditioning maintenance agreement with Yale Mechanical be entered into by the City for the heating, ventilating and air conditioning of the City Hall facility. SEE AGREEMENT FILE 3. Contract #81 -3 - Burr Oak, et al, Utilities. It was recommended that Change Order #1 to Contract #81 -3 for a total of $3,203.95 be approved covering the following: Part A - Kildeer Addition, Project #327A in the amount of $500.00. Part B - Yankee Square Shopping Center Storm Sewer, Project #318 in the amount of $1,998.95. of $705. Part C - Burr Oak Pond Outlet, Project #318 in the additional amount 01 OC137 Council Minutes June 1, 1982 4. Improvement #81 -15 - Brown's Pond Outlet. It was recommended that Change Order #1 to Contract #81 -15 in the sum of $1,900.00 for an additional 150 feet of force main along the south side of Cliff Road be approved. 5. Wedgewood Streets & Utilities. It was recommended that streets and utilities in Wedgewood 1st Addition be accepted for perpetual maintenance. 6. Summer Playground Personnel. A schedule of the persons recommended for employment by the City of Eagan in the City of Eagan playgrounds for the Summer of 1982 was attached to the packet and it was recommended by the Director of Parks and Recreation that the persons listed be approved by the City Council. D 82 -11 7. Improvement Project #357 - Cinna Ridge 3rd Addition. It was recommended that the feasibility report for Improvement Project #357, Cinnamon Ridge 3rd Addition be accepted and that a public hearing be scheduled on July 6, 1982 at 7:00 p.m. at City Hall. 8. Denmark Avenue - Street Vacation. It was recommended by the City staff that the Petition for vacation of a portion of Denmark Avenue be accepted and that a public hearing be scheduled for July 6, 1982 at 7:00 P.M. at City Hall. 9. Park Cliff Stor Sewer - Contract #81 -13. A Petition had been received from Richard Winkler, the developer of Park Cliff Addition, request- ing the City construct additional storm sewer facilities to eliminate erosion problems in Park Cliff 1st Addition and it was recommended that Change Order #2 to Contract #81 -13 be approved in the sum of $10,410.00 with Don Erickson Construction Company. 10. RES Grading Permit - Robins Addition. The Agreements with RES Investment Company and 494 Investment Company have now been received and it was recommended by the staff and the City Attorney that the Agreements be approved and that the Mayor and Clerk be authorized to execute the Agreements, subject to compliance with all City requirements. Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as recommended. All voted yea. INPROVENEN PROJECT #274 - REASSESS!lENT HEARING Mayor Blomquist convened the reassessment hearing concerning Silver Bell Road street and storm sewer improvements adjacent to the Lester Spencer pro- perty which had been continued from the May 18, 1982 meeting. It was noted that an Agreement has now been entered into between Mr. Spencer and the City regarding the assessment appeal and upon motion by Smith, seconded Wachter, it was resolved that the hearing be closed, the assessments be certified to the County Auditor if not paid, and that the Agreement be approved and executed. All voted yes. 4 OC 138 Council Minutes June 1, 1982 ADVISORY PARK A RECREATION COMMITTEE APPOINTMENT City Administrator Hedges announced that five persons have submitted requests to be appointed to fulfill the balance of the 1982 term of Steve Johnson who is resigning from the Advisory Park Committee. They included Jean Loken, Deanna Tilsen, William Streff, Linda O'Brien and George Kubik. Four of the applicants were present at the meeting and expressed an interest in be- coming members of the committee. It was determined that no interviews would be held for the balance of the term of 1982. Upon secret ballot, George Kubik was appointed to fulfill the term for the remaining portion of 1982. 1981 CITY ANNUAL FINANCIAL REPORT A two -part 1981 City Financial Report prepared under the direction of Director of Finance Gene VanOverbeke and the City Administrator, with the assistance of the auditing firm of Wilkerson, Guthman and Johnson, had been distributed to the City Council. After questions and some discussion with Gene VanOverbeke being present, Smith moved, Wachter seconded the motion to continue the matter until the next regular meeting for further discussion concerning the report. Councilmembers, however, expressed appreciation for the format and the content of the report that had been prepared for 1981. All voted in favor. D 82 -12 DEBT SERVICE FUNDS Mr. VanOverbeke was present and recommended that certain Debt Service Funds be closed. He recommended that all assets be transferred from the 1968 Town Hall Bond Fund to the 1972 Park and Fire Debt Service Bond Fund. He further recommended the transfer of all assets of the 1974, 1975 and 1976 Equipment Certificate Debt Service Bond Funds with $10,912.09 cash of the equipment certificates transferred to the 1981 -2 Equipment Certificate Capital Projects Fund to eliminate the deficit of that fund and that the remaining assets be transferred to the 1977 Equipment Certificate Debt Service Bond Fund. In addition, he requested authorization to transfer all remaining assets of this fund to the 1981 -1 Equipment Certificate Debt Service Bond Fund at the time the bonds in the fund are retired during 1982. Upon motion by Smith, seconded Wachter, all voting in favor, it was resolved that the fore- going recommendations be approved. ASSET TRADE Mr. VanOverbeke further recommended that the Council authorize the trading of assets between the Major Street Fund and Consolidated Debt Service Bond Fund trading the assessments receivable in the Major Street Fund for cash. Upon motion by Wachter, seconded Smith, it was resolved that the fore- going recommendation be approved and authorized to be transfered. All voted in favor. 5 Council Minutes June 1, 1982 GRESSER IRB FINANCING PROJECT OC 39 The application of Michael Gresser for an extension of time for indus- trial revenue bond financing for Lot 11, Block 1, Sibley Terminal Industrial Park from August 19, 1982 for an additional 12 months was then considered. Based upon prior extensions for similar projects, noting there were no objec- tions, Smith moved, Egan seconded the motion to approve the request. All voted in favor. DORKING'S RESTAURANT - AMUSEMENT DEVICE LICENSE An application received from James Durning of Durning's Restaurant at 1 4625 Nicols Road, for three amusement devices of the cocktail table type to be used in the new bar and lounge facilities was next considered. Bill Curry, the Manager was present and indicated that there are noise controls with the table -type amusement devices intended to be used. Smith moved, Egan seconded the motion to approve the application, subject to compliance with the City Ordinance. All voted in favor. FEDERAL LAND CO. INDUSTRIAL REVENUE BOND FINANCING YANKEE SQUARE OFFICE PARK An application was received from Federal Land Co. requesting a public hearing be set to consider an application for Industrial Revenue Financing in the amount of $1,537,000 for two office buildings that complete the PD development in Bicentennial Additions. It was noted the total construction cost is $1,837.00 which includes $3,000.00 in land equity. Mr. Charles Bartholdi appeared on behalf of the applicant as did a representative of Juran & Moody. Yankee Square Office Buildings #4 and #5 are proposed to be con- structed with the funding. It was noted there was a grade difference between the proposed #4 and the building to the east and it was requested that that issue be resolved prior to the public hearing. Smith moved, Wachter seconded the motion to schedule a public hearing for July 16, 1982 at 7:00 p.m. at City Hall as requested. All voted yea. SEE BOND FILE JOINT CABLE TELEVISION COMUSSION REPORT City Administrator Hedges reported concerning the recent meetings held by the Joint Cable T.V. Committee and noted that two meetings will be scheduled during the month of June. After discussion concerning the proceedings of the Joint Commission, no action was taken. 0C.r14U Council Minutes June 1, 1982 BUESING BROS. SPECIAL USE PERHIT An application of Buesing Bros. for special use permit for gravel mining and crushing on the Borchert Ingersoll property at 3275 Dodd Road was then presented to the Council. Mr. Jerry Buesing and Marvin Eggum appeared for the applicant. It was noted that about 200,000 to 300,000 cubic yards of material are located on the site and that on May 4, 1982, the City Council approved a special use permit for temporary mining and crushing with a restriction that the material be used only on the I -494 project between the Minnesota River and Trunk Highway #55. Buesing Bros. has now received four other contracts for crushing material generally in the Eagan area and requested that the material be allowed to be crushed and removed from the site which would help to improve the general appearance of the Borchert Ingersoll property and make it more developable. It was noted that Buesing Bros. had an agreement with Borchert to remove the entire hill on the property. After discussion Smith moved, Wachter seconded the motion to approve the application and to grant the permit with the understanding that the staff will monitor the traffic in the general area and further, that the operation be limited only to the four projects specified in the application. All voted yes. CONTRACT #82 -3 - OSTER ADDITION & STORLAND ROAD UTILITIES The plans and specifications for the Oster Addition and Storland Road area, Projects #350A and #352 were presented and recommended for approval. It was noted that final plats and all requirements of the City must be complied with before award of the contract. Smith moved, Egan seconded the motion to approve the plans and specifications for Contract #82 -3 and authorize the advertisement of bids with the bid opening to be held at 10:30 a.m. on Tues- day, June 29, 1982 at City Hall. All voted in favor except Wachter who ab- stained. CONTRACT #82 -5 - CON SERV NO. 1 - STREETS A UTILITIES A petition has been submitted by Comsery Corporation for the preparation of a feasibility report and plans and specifications for the installation of streets and utilities to serve the new Comsery No. 1 addition. The feasi- bility report was presented to the City Council on May 18 and a public hearing is scheduled for June 15, 1982. Because of the tight time schedule and waiver of hearing by Comserv, plans and specifications have now been completed and are being presented to the Council for approval. Wachter moved, Egan seconded the motion to approve the plans and specifications for Contract #82 -5 and authorize the advertisement of bids with the bid opening to be held at 10:45 a.m. on Tuesday, June 29, 1982 at the City Hall, with the understanding that necessary easements must be acquired prior to the award of the contract and that the Council approves the project at its June 15, 1982 meeting. All Councilmembers voted yea. 7 OC141 Council Minutes June 1, 1982 BRITTANY ADDITION - ASSESSMENT ACTION The City Attorney, Paul Hauge, discussed with the Council an action being brought by 13 homeowners in Brittany Addition against Dakota County Abstract Co., Tollefson Builders and the City of Eagan regarding interest on assessments levied in 1981. The total amount of the assessments are $4,509.44 and it was recommended by the staff that the Council approve a Stipulation whereby each of the four parties, including the property owners, will pay one - fourth of the interest, or $1,127.36 to be paid by the City of Eagan and each of the other parties. Egan moved, Wachter seconded the motion to approve the recommendation as presented by the staff and to authorize execution of the Stipulation. All voted in favor except Blomquist who voted no, indicating she felt that it appeared that Dakota County Abstract had caused confusion re- sulting in the action. EAGAN HOCKEY BOOSTERS - GAMBLING LICENSE An application for combined gambling license from the Eagan Hockey Boosters Club for the 4th of July Celebration for July 2, 3 and 4 was pre- sented to the Council. The gambling manager would be Anthony R. Lancette of 1720 Crestridge and a request was made to waive the $10,000 Bond and also the $25.00 license fee. There was discussion concerning waiver of fees and bonds and the Council members noted the importance of being consistent regarding the Fidelity Bond and Fee Waiver. Councilmembers indicated that a non - profit organization must request by favorable action of its organization for the waiver of the fee and bond for the Council to act upon the request. Egan moved, Wachter seconded the motion to continue the application for 2 weeks for staff review of the bond and fee waiver issue. All voted in favor. Sr. PAUL PIONEER PRESS NEWSTANDS The City Administrator stated that numerous complaints have been received by the City staff concerning the location of newstands by the St. Paul Dis- patch and Pioneer Press on road rights -of -way throughout the City. Both aesthetics and safety issues were raised by the complaining parties and a meeting between the staff and representatives of the Pioneer Press had been held approximately one week prior to the council meeting. The position of the newspaper staff is that it has the right to locate newstands on public rights - of -way, but the City's concerns relate to health, safety and welfare. Staff will be reviewing a map with the locations of the newstands and will make recommendations concerning proposed changes. On June 15, 1982 the council will receive the report from the staff. P OC 142 Council Minutes June 1, 1982 INDUSTRIAL REVENUE BOND FINANCING Letters have been received from representatives of William Frenzel and from Senator Rudy Bosehwitz concerning the Council's position relating to Industrial Revenue Financing by municipalities. The City Administrator was asked to prepare a statement to be forwarded to each of the Congressional Representatives and Senators concerning Eagan's position and policy regarding IRB Financing. CEDARVALE TRANSPORTATION COMMITTEE Mayor Blomquist and Mr. Hedges reviewed the action of the recent meeting of the Cedarvale Transportation Committee concerning revamping of Silver Bell Road and the Beau d' Rue intersection and further, the proposed Park and Ride site adjacent to and on the north side of Cedarvale Shopping Center. The proposal of MnDOT for the revamping of Silver Bell Road at the intersection of Beau d' Rue Drive, which would cost up to $300,000.00 had been opposed by the Committee. The Committee, however, recommended approval of one proposal of MnDOT for a Park and Ride site to provide for at least 70 parking spaces on the north side of Cedarvale Shopping Center. Smith moved, Egan seconded the motion to accept the recommendations supporting the Park and Ride site propo- sal and that the recommendation be forwarded to the Minnesota Department of Transportation and the Metropolitan Transit Committee for proposed funding and construction of the site. All voted in favor. CITY HALL BOND ISSUE COMUTTEE It was suggested by the staff that the Council appoint a Committee in conjunction with the proposed bond issue for the construction of the new City Hall. The City Administrator was requested to prepare proposed guidelines for the appointment of the Committee. VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION PENSION PLAN Meetings have been held by members of the staff, Roger Katzmeier and representatives of the VFD Relief Association and have discussed options concerning the proposed revisions to the Relief Association Pension Plan. Four options were discussed and a special meeting was scheduled for June 8, 1982 at 7:00 p.m. to review the options. 9 00143 Council Minutes June 1, 1982 CINNAMON RIDGE PRIVATE DRIVES Public Works Director Colbert requested direction from the Council con- cerning the types of curb and gutter recommended to be approved for the single - family cluster home concept, such as that in Cinnamon Ridge Addition, providing for 7 detached single- family homes. The staff recommended that concrete curb and gutter with surmountable curb be installed to improve drainage and for adequate long term maintenance. It was noted that all other private drives in the City are required to have concrete curb and gutter and the only exception has been private drives for four - plexes. Wachter moved, Egan seconded the motion to accept the recommendation based upon the reasons given by the staff, in order to avoid the possibility of future homeowners groups requesting the City to take over maintenance of such private drives. All voted in favor. CSSCKLIST Egan moved, Wachter seconded the motion to approve the following Checklist dated June 1, 1982 . All voted yea. ADJODRI1MENT Upon motion duly made and seconded, the meeting adjourned at 10:10 p.m. PHH Secr t 10