06/15/1982 - City Council Regular0(
MINUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL
EAGAN, MINNESOTA
JUNE 15, 1982
A regular meeting of the Eagan City Council was held on Tuesday, June 15,
1982 at 6:15 p.m. at the Eagan City Hall. Present were Mayor Blomquist and
Councilmembers Egan, Smith Thomas and Wachter. Also present were City Admini-
strator Hedges, Public Works Director Colbert, City Engineer Rosene and City
Attorney Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as pre-
sented. All voted in favor.
1. June 1, 1982 Regular M eeting. Thomas moved, Wachter seconded the
motion to approve the Minutes. All voted yes.
2. June 8, 1982 Special Meeting. Wachter moved, Egan seconded the
motion to approve the Minutes as presented. All voted yea.
3. May 18, 1982 Regular Meeting. Councilman Thomas indicated he had no
changes to the Minutes of May 18, 1982 and therefore, they have been approved.
PAR[ DEPARTMENT
City Administrator Hedges indicated that the six park planning district
meetings scheduled between May 24 and June 10 have now been concluded. Resi-
dents were given an opportunity to make suggestions and the results from those
area meetings will be available to the Council for later review.
PUBLIC VORKS DEPARTMENT
1. Assistant City Engineer Position. Mr. Hedges stated that 85 re-
quests for applications for the Assistant City Engineer position were re-
ceived, including 53 written applications for the position. Personal inter-
views were held by several of the Department heads and a recommendation has
now been made that Mr. Richard M. Hefti be approved as the Assistant City
Engineer under the 1982 budgeted salary. Mr. Hefti has broad knowledge in
engineering functions and it is strongly recommended the Council approve the
hiring of Mr. Hefti. Councilman Egan indicated he felt that it was important
that the Councilmembers offer more input into the hiring of persons in such
positions who will have considerable public exposure. Wachter moved, Egan
seconded the motion to approve the hiring of Richard M. Hefti to the position
of Assistant City Engineer with a 1982 annual salary of $26,000.00 to be
effective July 6, 1982.
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2. Surrey Heights Traffic Signs. A request from a property owner in
Surrey Heights Addition for four "Caution - Children Playing" signs to be
installed along Surrey Heights Drive was received. The Public Works Director
recommended that there not be an excessive number because they could be over-
done and also not heeded by drivers in the area. Smith moved, Thomas seconded
the motion to install two "Caution - Children Playing" signs of the four
requested. All voted yes. Wachter moved, Egan seconded the motion to request
the Police Department to periodically post a squad car on Surrey Heights Drive
to attempt to control the speed of traffic. All voted in favor.
3. Special Assessment Com Recom No action will be
taken on the recommendations of the special assessment committee meeting of
June 14 until the next regular council meeting.
CONSENT AGENDA
The following Consent Agenda items were submitted and recommended for
approval by the staff.
1. Temporary 3.2 License /Softball Tournament. It was recommended that
the application of Loren Johnson for temporary 3.2 license for softball tour-
nament on July 26 and 27, 1982 at Blue Cross Fields be approved.
2. Improvement Project #359 - Park Cliff. A petition has been received
ordering the preparation of a feasibility report for Park Cliff storm sewer
under Improvement Project #359 and it was recommended to receive the feasi-
bility report and order the public hearing to be held on July 20, 1982 at 7:00
p.m. at City Hall.
3. Safari Estates, et al - Contract #80 -26. It was recommended the
sixth and final payment request for Contract #80 -26 to B -TuMix Construction,
Inc. in the amount of a negotiated deduct of $6,786.31 be approved and accept
the street projects for perpetual maintenance.
4. Improvement Project #329B - Cedar Cliff 2nd Addition - Streets. The
assessment roll for street improvements in Cedar Cliff 2nd Addition has now
been prepared and it was recommended that an assessment hearing be scheduled
for July 20, 1982 at 7:00 p.m. at City Hall.
5. Improvement Project #328B - Ches M ar East 4th Addition - Streets.
The assessment roll for Improvement Project #328B regarding street improve-
ments in Ches Mar East 4th Addition was recommended to be accepted and that
the assessment hearing be scheduled for July 20, 1982 at 7:00 p.m. at Eagan
City Hall.
6. Assessment Hearing - Project #307B - St. Francis Wood 2nd Addition.
The assessment roll has now been completed for St. Francis Wood 2nd Addition
street improvements under Project #307B and it was recommended that it be
received and that the assessment hearing be scheduled at City Hall at 7:00
p.m. on July 20, 1982.
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7. Killdeer Addition - Street Improvements - Project #327B. It was
recommended that the assessment roll prepared for Improvement Project #327B
consisting of Killdeer Addition streets be accepted and that the hearing be
scheduled for the City Hall at 7:00 p.m. on July 20, 1982.
8. Contract #81 -8 - Cedar Cliff 2nd Addition, et al, - streets. It was
recommended that the sixth and final payment to McNamara Vivant Contracting
for Contract #81 -8 consisting of Cedar Cliff 2nd Addition and other project
streets in the amount of $16,355.05 be approved and ordered to be paid and
that the City accept the streets for perpetual maintenance.
9. To 2nd Addition - Project #362. A petition has now been re-
ceived from the developers of Tomark 2nd Addition requesting a feasibility
report and plans and specifications for street and utilities. It was recom-
mended that the petition for Improvement Project #362 be accepted and that the
City Engineer be directed to prepare a feasibility report and detailed plans
and specifications simultaneously as requestd by the developer for the pro-
ject.
10. Eagan 4th of July Association. A request from the Eagan 4th of July
Association for a contribution was received by the Council. It was recom-
mended that a $500.00 contribution to the Eagan 4th of July Association be
approved as has been done in previous years.
Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved as recommended. All voted in favor.
WESCOTT ROAD - TRUNK SANITARY SEWER
The City has received a Petition from several of the developers located
adjacent to Lexington Avenue in the vicinity of Wescott Road requesting the
City install a sanitary sewer lift station and trunk sanitary sewer lateral
extensions from Deerwood Drive to the intersection of Wescott Road and Lex-
ington Avenue. Mayor Blomquist expressed her concern that there have been
very few plats submitted for approval in the area, although Mr. Colbert stated
that 4 preliminary plats have been approved and the lots would use this
particular trunk. There was discussion concerning the need to acquire an
easement across unplatted property and also he suggested that there be a
summary feasibility report initially. After discussion, Smith moved, Thomas
seonded the motion to receive the petition and order the preparation of the
feasibility report for Project 4361, Wescott Road Trunk Sanitary Sewer. All
voted yes.
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HILLTOP PLAZA - UTILITIES - PROJECT #363
A petition has been received from the developer of Hilltop Plaza Commer-
cial District second phase for feasibility report for utilities. Egan moved,
Thomas seconded the motion to accept the Petition for Project #363 and to
authorize the preparation of the feasibility report and detailed plans and
specifications as requested by the developer. All voted yes.
COMSERV - STREETS & UTILITIES - PROJECT #356 PUBLIC HEARING
Mayor Blomquist convened the public hearing regarding Improvement Project
#356 concerning street and utility improvements to the Comsery 1st Addition.
Mr. Colbert and Mr. Rosene explained the project and it was noted that an
easement was required from Frank Hasselmann, the adjoining property owner
which has not been received at the present time. There was discussion con-
cerning the proposed assessments projected and a letter from Mr. Hasselmann
was read concerning the amount of the assessments and indicated that he may
request a deferment of assessments at the time of the assessment hearing. Mr.
Faehn appeared for Comsery Corporation. There being no objections, Smith
moved to close the hearing and to order in the project, subject to the acqui-
sition of the easement from Mr. Hasselmann. Wachter seconded the motion. All
voted in favor.
1981 FINANCIAL STATEMENT
The 1981 Annual Financial Report has now been prepared under the direc-
tion of the Director of Finance, Gene VanOverbeke, with the assistance of
Wilkerson, Guthman & Johnson, the City auditing firm. The report was distri-
buted to the Council prior to the June 1 meeting and significant changes have
been made in the report compared with the 1980 year end. Mr. VanOverbeke was
present and a letter from Roger Katzmeier of May 24, recommending changes in
the accounting procedures in the City was discussed. Councilman Wachter
questioned why the increase in the green acres assessments from 1980 and Mr.
VanOverbeke will submit a report concerning that at a later time. There were
no objections and no other comments and Wachter moved, Egan seconded the
motion to accept and approve the 1981 Financial Statement. All voted yea.
D 82 -12
EAGAN HO= BOOSTERS - COMBINATION GAMBLING LICENSE
An application from the Eagan Hockey Boosters for combination gambling
license and bond for the 4th of July celebration was submitted. The Council
had discussesd the request at the last regular meeting and asked that formal
action of the Booster Association be submitted requesting a waiver of the
$10,000.00 fidelity bond. A letter has been received from the Treasurer of
the organization indicating that the organization unanimously approves the
request. Egan moved, Smith seconded the motion to approve the combination
license and waiver of the $10,000.00 bond based upon the request of the
organization, but that the $25.00 license application fee be required. All
voted yes.
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KILLDEER ADDITION - WAIVER OF PLAT
The application of Rev. Reuben and Joyce Meissner for waiver of plat to
split Lot 1, Block 1, Killdeer Addition into two single family residential
lots was submitted to the Planning Commission and recommended for approval at
its May 25, 1982 meeting, subject to conditions. The Rev. and Mrs. Meissner
were present and discussed the hardship involved indicating that there is a
home located on the lot presently and that it is not possible to comply with
the City requirements for 12,000 square foot area requirement. Councilmembers
indicated that the Council had anticipated splitting the lot and noted the
hardship involved. Egan moved, Thomas seconded the motion to approve the
application subject to the following conditions:
1. That no other variances shall be granted for any dwellings to be
located on either of the two lots.
2. That the application be subject to review by the Minnesota Depart-
ment of Transportation.
3. A variance would have to be granted for the new lot since it would
consist of less than the required 12,000 square feet for a single family lot.
4. Drainage and utility easements shall be required along all lot
lines.
5. The newly created lot shall pay the required park dedication fee.
6. All other applicable ordinances shall be followed.
7. The existing dwelling unit must convert its sewer and water services
from its presesnt T.H. 55 frontage road connection to the newly installed
services to the east within Joyce Court. The newly created lot would then be
required to connect to the existing sewer and water services from the T. H. 55
laterals.
R SZ -260.
All voted yea. SEE PLAT FILE
DAVID ODELL - LOT 2 KOCARTHY RIDGE ADDITION
The application of Mr. & Mrs. David Odell for waiver of plat to split
part of Lot 2, McCarthy Ridge Addition into two residential lots was then
reviewed by the Council. Mr. Dan Beeson, attorney, appeared for the applicant
and reviewed the proposal. He indicated the new lot will be 16,682 square
feet and that the remaining lot will exceed the area frontage and setback
requirements. No variances will be requested and all easements will be
granted. In addition, there will be no further subdivision of the lots. He
discussed the restrictive covenants and indicated that it was his opinion that
the 30 years will expire by state statute June 26, and therefore they are no
longer effective. The character of the neighborhood, he stated, would not be
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affected partially because of the terrain involved. He further indicated the
cost of platting is too burdensome and requested the waiver. Mr. Terry Votel,
a neighboring property owner, together with numerous property owners were
present and submitted a petition from all other owners in the subdivision
objecting to the split. He stated that most lots are larger than the Odell
lot, the latter of which is barely one acre, the lot is nearly in the center
of the subdivision, that all other owners object, that it would become a
precedent if the lot split took place and could create problems relating to
adequacy of the utilities and traffic issues. He stated the purpose of the
subdivision ordinance is to protect an attractive and stable neighborhood and
this would not be accomplished by the lot split. He further stated that it
was his opinion that the covenants filed on August 29, 1952 were continued in
effect because of the 1982 Minnesota Legislative appeal to the 30 year expira-
tion statute for private covenants. The Advisory Planning Commission on May
25, 1982, recommended denial of the application unanimously for reasons stated
in its minutes. It was noted that it would have been more appropriate for the
applicant to have submitted an application for preliminary plat approval.
Wachter then moved, Egan seconded the motion to deny the application for the
reasons stated by the Advisory Planning Commission, including those reasons
stated above by the objecting and neighboring property owners, the fact that
it would appear to change the character of the neighborhood, the precedent
issue appears important and that there is no hardship that has been noted by
the applicant. All voted in favor.
FEDERAL LAND COMPANY - PYLON SIGN
The application of Federal Land Co. for pylon sign located on Outlot B,
Bicentennial 7th Addition or Lot 2, Block 2, Bicentennial 8th Addition was
then considered. The Advisory Planning Commission recommended approval sub-
ject to certain conditions. Mr. Tim Murnane appeared for the applicant and
stated that the applicant will comply with all ordinances and other criteria
of the city. There was a question as to compliance with Ordinance No. 16
regarding pylon signs for major shopping areas. It was noted that the propo-
sal is for a pylon sign for one tenant in one building consisting of Edina
Realty and the council members indicated it did not appear to comply with the
Ordinance No. 16 provision, noting that there may be other requests for pylon
signs in the area including the same side of the Bicentennial subdivision.
Smith moved, Wachter seconded the motion to deny the application to allow one
area identification sign per side, based upon the ordinance provision re-
garding one area identification sign per side of a major complex, and noting
further that the identification sign is only for single use rather than to
identify the entire project. All voted yes.
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ST. PAUL PIONEER PRESS & DISPATCH - SPECIAL PERMIT
Mr. Hedges indicated that during the summer of 1981, several newspaper
vending machines appeared at different locations within the City and the City
Council requested the machines that were placed by the St. Paul Pioneer Press
& Dispatch be removed until a special permit was processed through the City
Council. On August 12, 1981, a letter was sent to the St. Paul newspapers by
the City Planner outlining the procedure. Toward the end of 1981, approxi-
mately 25 vending machines were located by a distributor of the St. Paul
Dispatch & Pioneer Press throughout the City. Numerous objections were re-
ceived because of what appeared to be unsightly boxes, and unsafe and detri-
mental locations within street rights -of -way. It was noted that no non-
conforming use is in existence and that the newspaper representatives were
aware of the fact that a special permit was required. Several representatives
of the newspaper were present, including Jack DeLong, the Circulation Direc-
tor. There was a lengthy discussion concerning the legal issues involved,
including free speech under the First Amendment, the fact that there may be a
precedent involved in allowing the boxes without a request for permit. The
City Attorney indicated that although certain cases throughout the country had
construed the free speech issue as allowing such boxes within road rights -of-
way, it appeared that health, safety and welfare issues are also significant
in relation to the placement of such boxes. Mr. DeLong stated that the
Pioneer Press would work with the Council but indicated that the newspaper's
approach is to place the boxes and then to determine whether the City had a
requirement for any type of permit and to negotiate with the City concerning
their locations. He further stated that a letter had been sent to the City
asking for comments. Mr. Runkle stated that he was at a conference at the
time the letter was received, and by the time he returned, the boxes had been
placed. Councilman Smith suggested that an application be submitted to the
City by the newspaper and noted that the newspaper had been warned concerning
the location process. Councilman Egan indicated that the newspaper has taken
it on itself to place the boxes and then would apply to the City only if
requested by the City, for permission of location of the news boxes. A
representative of the Minneapolis Tribune was also present and stated that
the Star & Tribune had not submitted a request because of the special permit
fee of $50.00 per box. Also, several Eagan residents were present and
strongly objected to the location of the boxes, including their unsightliness
and dangerous locations. After lengthy discussion, Egan moved that the staff
and the newspapers work together to consider feasibile locations, taking into
account the location of customers, health, welfare and safety issues, with the
understanding that a special permit fee be required up to 25 boxes at $50.00
per unit. There was no second and the motion was withdrawn. Smith then moved
and Egan seconded the motion to recommend to the St. Paul Pioneer Press that
it submit an application for blanket special permit to the City and that the
City staff attempt to review locations that appear to fulfill safety, health
and welfare requirements and those that are not agreed upon between the appli-
cant and the staff, would be considered by the City Council at its next
meeting following submission of the application; further, that a maximum fee
of $500.00 be charged to the Pioneer Press and that each application for
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future location will be required to submit the normal application and pay the
standard special permit fee; further, that the staff notify the Pioneer Press
as to locations that it feels are in unsafe locations and request that the
boxes be removed; further, that the locations of the boxes and the special
permit be reviewed on an annual basis. Mr. DeLong stated that the boxes are
placed by an independent distributor and that the newspaper has no direct
control over their locations. All voted in favor.
ST. FRANCIS MOOD 3RD ADDITION - PRELIMINARY PLAT
The application of Gary Quam and Robert Beard for preliminary plat of St.
Francis Wood 3rd Addition consisting of approximately 5.6 acres for townhouse
development was next submitted. Ralph Wagner of Probe Engineering was present
and Mr. Beard and Mr. Quam also were present. The Advisory Planning Commis-
sion on May 25 recommended approval subject to conditions. It was noted that
the development proposal does exceed the lot coverage by 1% in that the
proposal is for double car garage for each townhouse unit instead of single
car. The Planning Commission recommended approval of the variance. Mayor
Blomquist addressed the proposed study of setbacks and widths of private
roadways within residential developments. It was noted that a 24 foot right
of way was used as a deduct but that there were no setbacks from the building
to the private drives determined. There were concerns by Councilmembers
relating to the request for take over by the City at some time in the future.
Smith moved, Thomas seconded the motion to approve the application with the
understanding that the staff and the developers will attempt to provide for a
15 to 25 foot building setback from private streets and conditioned upon the
following:
1. The variance to provide for 21% lot coverage shall be approved.
2. The preliminary plat shall be subject to all easements as required
by City Staff.
3. A detailed grading, drainage and erosion control plan shall be
approved by City staff.
4. A detailed landscape plan shall be approved by City staff and an
adequate landscape bond shall be submitted with the final plat and not re-
leased until one year after the landscaping has been completed.
5. The developer shall provide the City with a copy of the homeowner's
association declarations, articles and by -laws for City review.
6. A development agreement shall be approved prior to approval of the
final plat of St. Francis Wood 3rd Addition.
Way.
7. A temporary turnaround shall be provided at the south end of Widgeon
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8. In addition to the proposed internal trailway system, a bituminous
trailway shall be provided from Widgeon Way to the southeast corner of this
property in accordance with the recommendations of the Advisory Park and
Recreation Commission.
9. Drainage and utility easements as required by City regulations and
staff shall be dedicated with the final plat.
10. A ponding easement incorporating the 892.0 elevation shall be dedi-
cated for the pond adjacent to the north and east property lines of this
subdivision.
11. The internal private driveways shall have a minimum 24 foot wide
with concrete curbing with a secondary outlet connection to Widgeon Way.
12. This development shall fulfill its financial responsibilities for
trunk area sanitary sewer and trunk area storm sewer at the time of final plat
if not incorporated into an approved City project.
13. The developer will comply with the park dedication requirements of
the City.
All voted in favor. SEE PLAT FILE
CINNAMON RIDGE 4TH ADDITION - PRELIMINARY PLAT
The application of Zachman Homes, Inc. for preliminary plat approval in
Cinnamon Ridge 4th Addition located on part of Outlots A & B, Cinnamon Ridge
Addition was then considered by the Council. The Planning Commission at its
public hearing on May 25, 1982 made no recommendation because of a tie vote.
Steve Ryan appeared and explained the proposal on behalf of the applicant. A
number of neighboring property owners were present and objected to the pro-
posed Metcalf Road connection. The project includes 72 units in 8 unit
buildings which is a reduction in density from the density first proposed. It
was noted that the Advisory Planning Commission made no final recommendation
regarding the plat but indicated the reason for a split vote was not because
of objections to the plat, but rather because of the Metcalf connection issue.
Mary Teske and other neighboring owners were present and discussesd the ease-
ments for pipelines along the north line of Cinnamon Ridge plats and expressed
concerns about safety, due to the location of the pipelines. She recommended
the Council not make a decision concerning the Metcalf connection until the
pipeline location is resolved and determined. Mr. Ryan suggested that the
issue could be resolved but the developer will not do the street construction
at the present time until the location is determined. After considerable
discussion, Smith moved, Egan seconded the motion to approve the preliminary
plat and proceed with the Metcalf Road connection but that no construction on
Metcalf Road be commenced at the connection location until the actual location
of the pipeline is determined and after proper safety precautions are taken,
subject to the following:
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1. A detailed grading, drainage and erosion control plan shall be
approved by the City staff prior to any construction on the proposed site.
2. A development agreement shall be prepared and approved by the City
of Eagan prior to construction of this phase.
3. A detailed landscape plan shall be approved and a landscape bond
shall be submitted and not released until one year after the landscaping has
been completed.
4. The developer shall provide one garage space and one outside parking
space per dwelling unit.
5. The preliminary plat shall be subject to the park dedication for
this phase.
6. All applicable ordinances in the City shall be complied with.
7. A Slater's Road connection to Cliff Road shall be required as a part
of this 4th Addition.
8. The internal private drive providing access to the individual
carriage home structures shall be a minimum 24 feet wide with concrete
curbing.
9. Further, that the platting of the Metcalf Drive connection to River
Hills 9th Addition be included in the final plat.
Richard Victor and others were present opposing the connection. Mr.
Colbert explained the reasons why the staff recommended construction of the
connection including safety, traffic flow, ease of access, police and fire
protection and maintenance purposes. Other alternates were earlier reviewed
by staff and council together with the developer and neighboring property
owners and a decision had been made at an earlier time that the connection
would take place. The neighboring owners recommended that the connection for
Slater's Road to Cliff Road be installed and determine what traffic volumes
will take place. Those in favor were Smith, Egan and Wachter; those against
were Thomas and Blomquist. Mayor Blomquist stated that she felt the council
should try the one -way street and also get additional information concerning
the pipeline easements.
SEE PLAT FILE
FINAL PLAT EXTENSIONS
Requests were submitted by the developers of nine preliminary plats which
had previously been given approval by the Advisory Planning Commission and
City Council but had not received final plat approval. The Ordinance states
that preliminary plat extensions can be granted for up to a period of six
months, however, due to present economic conditions, the Council has granted a
12 month extension in certain cases. Upon motion by Smith, seconded Wachter,
it was resolved that the requests for extension of filing final plats for the
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following additions be approved for an additional 12 months: Dineen Addition,
Galaxy Park, Hilltop Plaza, Pilot Knob Center, SuperAmerica, Winkler- Jackson
Addition, Clearview Third Addition and Robins Addition; further, to approve
the extension of the Walden Heights Addition plat, subject however, to payment
in the amount of $8,500-00 to the City by July 1, 1982 for an unpaid feasi-
bility report prepared by the City at the request of the developer; in the
event that payment is not made in full, that an agreement be entered into
whereby the developer will make payments with an interest rate of 12% to be
added for any payment made beyond July 1, 1982. All voted in favor.
SEE PLAT FILE
SUPERAMERICA - CONDITIONAL USE PERMIT RENEWAL
The application of SuperAmerica for renewal of the conditional use permit
to allow sales of convenience items in a general business district at Pilot
Knob and Yankee Doodle Road was then considered. Upon motion by Wachter,
seconded Thomas, it was resolved that the application be approved subject to
ordinance requirements. All voted in favor.
CLIFF PLACE PROJECT - TAX EXEMPT FINANCING
A request from the developer of Hillcrest Cliff Place Project for an
extension of time for the issuance of $1,100,000.00 tax exempt financing for
the Cliff Place Project was presented to the council. Upon motion by Egan,
seconded Thomas, it was resolved that the request for one year extension for
the IR financing be approved. All voted yes.
SEE BOND FILE
OSTER ADDITION
The application for approval of final plat for Oster Addition was pre-
sented to the Council. Mr. Colbert indicated that all ordinance and city
requirements have been fulfilled and recommended approval. Wachter moved,
Smith seconded the motion to approve the final plat subject to the normal city
requirements. All voted in favor except Egan who voted no in order to be
consistant with earlier votes. R 82 -27
SEE PLAT FILE
DIFFLEY ROAD - SPE® REDUCTION
The City Council at a special meeting on June 8 expressed support for a
letter from Mayor Blomquist to the Independent School District #191 regarding
unsafe conditions for children who will be required to cross Diffley Road in
order to attend Rahn School in the Fall of 1982. The recommendation was to
lower the speed limit from 40 m.p.h to 30 m.p.h. on Diffley Road and the
procedure was discussed by the City Administrator and City Attorney. Smith
moved, Egan seconded the motion to adopt the resolution and proceed with the
reduction of the speed limit according to the state law from 40 m.p.h. to 30
m.p.h. from Nicols Road to Rahn Road on Diffley Road, and also, Lone Oak Road
from Highway #13 to Pilot Knob Road; further, that the Resolution include
reduction of speed limit on that portion of Diffley Road from Christ Lutheran
Church to a point easterly of the intersection of Diffley Road and Blackhawk
Road. All voted in favor. R 82 -28
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JOINT CABLE TV CON4ISSION UPDATE
Councilman Smith reported on the two recent meetings of the Joint Cable
TV Commission and also recommended that the Council authorized Eagan members
of the commission to attend the Cable TV Seminar at City expense. Egan moved,
Thomas seconded the motion to authorize the Eagan Cable TV members to attend
the seminar at City expense from July 8 through July 10, 1982. All voted in
f avor. .
HEALTH INSURANCE AGREEMENT - HSI
A letter had been received from Mutual Service Insurance Company re-
sponding to the City Council's request to extend the health insurance contract
until December 31, 1982 at the current rates. MSI indicated it could not
project the rates in 1983 and therefore, the contract would only exist through
1982. Wachter moved, Egan seconded the motion to approve the award of the
contract for health insurance according to the low bid of MSI through December
31, 1982. All voted yea. SEE AGREEMENT FILE
IMPROVEMENT PROJECT #29T - BLACKHAWK LAKE OUTLET ASSESSMENT HEARING
It was noted that the gravity storm sewer outlet from Blackhawk Lake to
Cedar Industrial Park was installed under Contract #80 -21 and has now been
essentially completed. It is proposed to schedule a public hearing concerning
the assessments against 160 property owners on the basis of 1980 rates. The
assessment roll was submitted and upon motion by Egan, seconded Wachter, it
was resolved that the roll for Improvement Project #297 consisting of Black -
hawk Lake trunk storm sewer outlet be accepted and that the assessment hearing
be scheduled for July 20, 1982 at 7:00 p.m. at City Hall; further, to
authorize the hiring of an appraiser for purposes of determining benefit as
necessary where objections are filed on behalf of property owners. All voted
in favor.
CONTRACT #82 -6 - UNIVAC #T WELL
At the June 1, 1982 council meeting the staff presented the Council with
information pertaining to the need for experimental drilling for Well #7 to
monitor resulting ground vibrations. The plans and specifications have been
prepared and were submitted to the Council for approval. Wachter moved, Smith
seconded the motion to approve the plans and specifications for Contract #82 -6
and authorize the advertisement of bids for an opening to be held at 10:30
a.m. on Wednesday, July lb, 1982 at City Hall. All voted yea.
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CONTRACT #82 -8 - SEAL COATING
The plans and specifications for the 1982 Seal Coating were submitted and
Mr. Colbert explained to the Council the proposed locations throughout the
City for the seal coating. In addition, he indicated that a check in the
amount of $48,913.90 had been received from the bonding company covering the
defects in the 1980 seal coating project. Additional discussion will take
place as to the location for seal coating at a special council meeting on June
21, 1982. Wachter moved, Egan seconded the motion to approve the plans and
specifications for Contract #82 -8 and authorize the clerk to advertise for
bids to be opened at 10:30 a.m. on Wednesday, July 14, 1982 at the Eagan City
Hall. All voted yes.
MnDOT CONTRACT 1982 -85 - I -359
The plans and specifications for the MnDOT Contract 1982 -85 covering 35E
and Lone Oak Road grading was recommended for approval by the staff. Egan
moved, Wachter seconded the motion to approve the plans and specifications for
MnDOT S.P.1982 -85 (35E -390) for utility relocation grading along Lone Oak Road
and authorized the Mayor and City Clerk to execute said resolution. All voted
yes.
R 82 -29
SEE AGREEMENT FILE
CITY HALL EXPANSION REVIEW
City Administrator Tom Hedges introduced Jack Boarman of Boarman Archi-
tects to review with the Council progress currently made regarding the City
Hall /Fire Station proposed construction. Mr. Boarman gave an extended synop-
sis concerning meetings that have been held with the City staff on a weekly
basis and also a schedule of the steps leading up to a referendum and proposed
construction of the City Hall /Fire Station. The proposal included the
referendum at the primary election in September and that a resolution be
adopted in late July, by the Council setting a date for the referendum with
the estimated cost to be prepared by that time. The project is proposed to
include a 12,000 square foot addition plus a proposed fire station. No action
was taken.
CITIZENS C014IITTEE FOR CITY HALL EXPANSION
Mr. Hedges indicated that 13 people have accepted a request to become
members of a Citizens Committee to review the City Hall expansion program.
Other names were suggested and contacts will be made with them by the City
Administrative office.
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June 15, 1982
LORE OAK HEIGHTS ADDITION
City Attorney Paul Hauge stated that a request has been received from the
owner, Martin Shields, concerning certain defects in title relating to the
transfer of ownership of the Lone Oak Heights Addition property to Midwestern
Associates. One defect included a Deed given to Eagan Township in 1895 for a
Town Hall site at the southwest corner of Lone Oak Road and Pilot Knob Road.
It was recommended that the Quit Claim Deed prepared by the City Attorney's
office be approved, returning the property to the owner in that there was a
clause in the original Deed that in the event the property is not used for
Town Hall site, it would revert to the owner. Wachter moved, Thomas seconded
the motion to approve the Quit Claim Deed and to authorize its execution. All
voted yes.
OLD RAHN ROAD STREET VACATION
Mr. Colbert stated that a request has been received from Dakota County
that the City Council vacate a portion of old Rahn Road that is not now being
used betwen Silver Bell Road and new Rahn Road, with the understanding, how-
ever, that the staff will acquire a description for the property. After
discussion, Egan moved, Wachter seconded the motion to schedule a public
hearing regarding the vacation of that portion of old Rahn Road to be
scheduled for August 3, 1982 at 7:00 p.m. at the Eagan City Hall. All voted
in favor.
4TH OF JULY ASSOCIATION - 3.2 BEER LICENSE
A request from the Lions Club and the Eagan 4th of July Association for a
temporary 3.2 beer license for the 4th of July weekend was considered by the
Council. Thomas moved, Egan seconded the motion to approve the request. All
voted in favor.
FRANCIS FRANZ - WELL SITE
Mr. Colbert explained that MnDOT is proposing to proceed to acquire a
portion of 35E right -of -way across the Francis Franz property near Deerwood
Drive. He further indicated that MnDOT had offered to permit the City to
participate in the acquisition of the site for a well. Mr. Colbert recom-
mended the Council authorize MnDOT to proceed with acquisition on a joint
agreement basis with MnDOT. Smith moved, Wachter seconded the motion to
accept the recommendation and authorize entry into an agreement whereby MnDOT
will acquire the site for the future well site for the City. All voted in
favor.
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Council Minutes
June 15, 1982
USGS MATER QUALITY MKITORING
Mr. Colbert and Mr. Rosene both discussed with the Council a proposed
cost participation agreement with the USGS during 1982 whereby $5,900.00 would
be spent with one -half to be paid by the City for sampling certain lakes in
the City. In fiscal year 1983, there would be a $12,000.00 proposed expendi-
ture, with one -half to be paid by the City and in 1984 - $6,500.00 program
with one -half to be paid by the City. It was noted that it is important for
storm sewer planning that such water quality monitoring take place. Smith
moved, Wachter seconded the motion to approve the entry into the cost partici-
pation agreement as proposed, including however, the Burr Oak Pond within the
water quality monitoring. All voted in favor.
CHECKLIST
Wachter moved, Thomas seconded the motion to approve the following
checklist dated May 31 and June 15. 1282
All voted in favor.
ADJOURNMENT
Upon motion duly made and seconded, it was resolved that the meeting
adjourn at 12:10 p.m.
PHH
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