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.
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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.
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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
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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.
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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.
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GRESSER IRB FINANCING PROJECT
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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.
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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.
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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.
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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.
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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
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