11/09/1982 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 9, 1982
A regular meeting of the Eagan City Council was held on Tuesday, November
9, 1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist
and City Councilmembers Smith, Wachter, Thomas, and Egan. Also present were
City Administrator Hedges, Public Works Director Colbert, Consulting Engineer
Rosene, and City Attorney Hauge.
AGENDA
Upon motion by Egan, seconded Thomas, it was resolved that the Agenda as
distributed be approved. All voted yes.
1. October 19, 1982 regular meeting. Egan moved, Thomas seconded the
motion to approve the minutes. All voted yea.
2. October 27, 1982 special meeting. Egan moved, Thomas seconded the
motion to approve the minutes as distributed. All voted yea.
Ernie Clark of Miller & Schroeder Municipals, Inc. was present and
reviewed with the Council the proposed issuance of $965_,000.00 General
Obligation City Hall Bonds and $2,500,000.00 General Obligation Improvement
Bonds for the City. It was noted that the City would be able to save expenses
by selling both issues at the same time and the printing of one prospectus,
combined staff time of Miller & Schroeder and reduced cost for bond ratings.
After review, Smith moved, Egan seconded the motion to issue and sell
$2,500,000.00 in General Obligation Improvement Bonds in 1982 and $965,000.00
in General Obligation City Hall Bonds in 1982 with a sale date for December 8,
1982 at 12:00 noon. All voted yes. Next Smith moved, Thomas seconded the
motion to schedule a special city council meeting for December 8, 1982 at 5:00
p.m. to authorize the issuance of the bonds. All voted yes. SEE BOND FILE
REAL ESTATE TAR ABATEMENTS
Bill Peterson of the Dakota County Assessor's office was present and
reviewed with the Council two proposed real estate tax abatements in the City:
1. Northwestern Mutual Life Insurance property where the land had been
acquired by the Minnesota Department of Transportation in 1969 for I -494 and
it was recommended that the taxes be reduced to nil for 1979, 1980 and 1981.
2. Shell Oil Company - Nicols Road and Diffley Road reduction to
$38,166.00 assessed value.
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Wachter moved, Egan seconded the motion to approve the recommended abate-
ments. All voted yes.
POLICE DEPARTMENT
1. Comprehensive Purchase Agree with State of Minnesota. The
Police Department recommended the City Council enter into a Joint Powers
Cooperative Purchasing Agreement with the State of Minnesota for the purchase
of various supplies, commodities and equipment for the City of Eagan similar
to that entered into with Hennepin County. Egan moved, Wachter seconded the
motion to approve the authorization for the City to enter into a Cooperative
Purchase Agreement with the State of Minnesota and direct the appropriate city
officials to execute the Agreement on behalf of the City. All voted in favor.
SEE AGREEMENT FILE
2. Mendota Skelly Junk Cars. There was concern by members of the City
Council that the junk cars hauled to the Mendota Skelly junk car site on
Highways 449 and 455 be kept in a neat and orderly fashion. The Police
Department was directed to pursue the issue with the owner.
PUBLIC WORKS DEPARTMENT
Tom Colbert reported.
1. Nicols Road - No Parking Signs. Complaints have been received from
property owners who live south of Cliff Road on Nicols Road regarding the on-
street parking associated with Durnings Restaurant during the peak restaurant
hours. It was recommended by the staff that the City authorize the
installation of No- Parking Signs on both sides of Nicols Road, from Cliff Road
southerly to the south line of the Burnett Realty office. Wachter moved, Egan
seconded the motion to accept the recommendation and to direct the Police
Department to monitor parking on a regular basis. All voted in favor.
2. Silver Bell Road - Trunk Highway #13 Intersection. It was noted
that the Police Department has issued approximately 160 citations to people
who have made illegal left turns through the median break on Silver Bell Road
adjacent to Highway #13 during the restricted hours. The Police Chief has
indicated that the restriction is unenforceable due to the sheer number of
violations and staff is recommending that the Council review several potential
possibilities for the intersection, noting that a break in the median had been
requested by the Council at an earlier time. The recommendation by MnDOT was
for single lane on Cedarvale Blvd., which councilmembers did not agree with,
noting that greater confusion would result. Egan moved, Blomquist seconded
the motion to suggest to the Minnesota Department of Transportation that the
No Left Turn signs from Cedarvale Blvd. through the median on to Silver Bell
Road be removed, noting that the problem appears to arise only for approxi-
mately a one -half hour period in the morning and evening and it was further
understood that no accidents have resulted at that location; further that the
Police Department not enforce the No Left Turn designations prior to removal
by MnDOT. All voted in favor
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CONSENT AGENDA
The following consent agenda items were presented:
1. Project #366 _ Safari 4 m.g. Water Reservoir. The Feasibility
Report for Project #366 covering the 4 million gallon Safari Water Reservoir
to be constructed on the Sieg property, west of Safari Pass, on the north side
of the Apple Valley line was presented and it was recommended the Council
accept the report.
2. I -494 Retention Ponds Plans and Specs. The plans and specifications
by the Minnesota Department of Transportation for I -494 Retention Ponds on the
Bloomington side of the Minnesota River, which involve the elimination of a
construction road within the Minnesota River Valley, was recommended for
approval and to authorize the Mayor and City Clerk to execute the Resolution.
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3. Project #342 - Nicols Frontage Road. A Petition had been received
from six of the seven affected property owners on the Nicols Frontage Road
located between Sapphire Lane and Cedar Grove Elementary School requesting the
elimination of the frontage road from Project #342 and recommended that the
Petition be received by the Council.
4. Contract #82 -6 _ Deep Well P. It was recommended that Change Order
#1 to Contract #82 -6 covering Deep Well #7 in an additional amount of
$1,338.00 for the replacement of the 16 inch casing with an 18 inch casing to
allow greater flexibility in future pump design be approved.
5. Project #369 _ Sheffield Addition, Streets and Utilities. The City
has received a written request from the developer of the Sheffield Addition to
install the required public utilities and street and it was recommended that
the Petition be received and a feasibility report be prepared by the
Consulting Engineer.
Upon motion by Egan, seconded by Smith, it was resolved to approve all of
the foregoing recommendations and order their implementation. All voted yea.
FINAL ASSESS)OW HEARING - PROJECT #297 -R - BLACKHAWK LAKE OUTLET
The Mayor convened the public hearing regarding Project #297R regarding
storm sewer assessments in the Blackhawk Lake area and Mr. Colbert explained
the project in detail. Five parcels were involved, those including Floyd and
Victoria Bryant with 7.42 acres, David Ashfeld with 13.27 acres, James Horne,
Lot 7, Block 1, King's Wood Addition, Horne Development Corporation for Lots 1
through 6 and Lots 8 through 10, and Outlots 1 through 3, King's Wood
Addition, and Horne Development Corporation for an unplatted parcel of 26.89
acres. It was noted that written objections were received on behalf of the
Bryant parcel and the three Horne parcels, and they were duly noted. David
Ashfeld appeared and asked questions concerning the assessment on his
property, all of which parcels lay generally adjacent to Pilot Knob Road,
north of Deerwood Drive. It was noted that the assessment rates were
calculated in accordance with the 1980 Trunk Area Storm Sewer rate of 3.4
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November 9, 1982
cents per square foot. It was further noted by Mr. Colbert that an additional
amount, according to Council policy, would be added to the parcel in the event
that appraisals are required by the City for the final assessment hearing.
Mr. Colbert discussed the benefit to the parcels involved with the storm sewer
improvements being installed to Blackhawk Lake. After discussion, Smith
moved, Egan seconded the motion to close the public hearing regarding the
Ashfeld property covering 13.27 acres and to authorize the assessment roll to
be certified to the County Auditor. All voted in favor. Egan then moved,
Wachter seconded the motion to continue the public hearing regarding the
balance of the parcels described above until December 21, 1982 at 7:00 p.m.
and that the staff be authorized to engage an appraiser to prepare appraisals
for the balance of the parcels whose parcels have been covered by written
objections and to present the appraisals at the December 21 continued public
hearing. All voted in favor.
ORDINANCE CODIFICATION
It was noted that the City Council, approximately one year ago, engaged
Municipal Ordinance Codifiers, Inc. to recodify all City Ordinances. The
recodification is now complete and they have been compiled into separate
chapters. Regular meetings have been held by staff and consultants over the
past year with Municipal Codifiers. There will be 25 chapters including some
reserved chapters covering all existing ordinances with only minor revisions
which have been approved and reviewed by the City Council. Tom Hedges
reviewed the progress to date on the Ordinance Codification and noted that
Municipal Codifiers is now placing the codified ordinances on a word processor
and has proposed to print the final draft of the City Code. Wachter moved,
Egan seconded the motion to approve the final printing for the City Code. All
voted in favor.
BRADLEY HANSON — SETBACK 9ARIANC$ — WILDERNESS RUN 3RD ADDITION
The application of Bradley Hanson for a 10 foot setback variance to
construct a garage 20 feet from the right of way of the public street located
on Lot 22, Block 1, Wilderness Run 3rd Addition, was next considered by the
Council. The Advisory Planning Commission at its regular meeting on October
26, 1982 recommended that the application be denied because of lack of
hardship and because of what appeared to be apparent objections from
neighboring property owners in the event that the appearance was out of line
with existing contours of the house and the neighborhood. Mr. Hanson was
present and indicated that he did not believe that there were any objections
by property owners, but Mayor Blomquist indicated that one owner had asked
that his name be withdrawn from the list of consenting owners. Egan moved,
Smith seconded the motion to grant the applications with the understanding
that there were no objections from surrounding property owners to the proposed
plan, noting that all but one property owner had signed the Petition and
further, subject, however, to compliance with all other applicable ordinance
revisions. All voted in favor except Blomquist who voted no.
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HOUSING PLAN MODIFICATION
€ C29G
Mr. Hedges indicated that a Senior Citizens /First Time Home Buyer Program
is now being proposed by the Dakota County HRA in conjunction with Mendota
Heights and West St. Paul. Paul Eckholm of Miller & Schroeder was present as
was a representative of Holmes and Gravens, Attorneys, and representatives of
Dakota County HRA who reviewed the program with the City Council. It was
noted that the Mendota Heights and West St. Paul City Councils have approved
the adoption of the housing plan and the Council reviewed the revisions to the
Eagan Housing Plan. Smith moved, Thomas seconded the motion to approve the
Housing Plan as revised and to order its implementation. All voted in favor.
Smith then moved, Egan seconded the motion to schedule a public hearing for
December 7, 1982 at 7:00 P.M. to consider the Program as proposed by the
Dakota County HRA for Senior Citizen /First Time Home Buyers and adopt the
Resolution which is attached to these Minutes. All voted in favor. R 82 -55
COUNTRYSIDE BUILDERS, INC.
TEMPORARY ADVERTISING SIGNS - OAKWOOD HEIGHTS ADDITION
Ray Young appeared on behalf of Portfolio Development Company, the firm
which is doing the marketing for Oakwood Heights Addition and reviewed the
application of Countryside Builders for six temporary advertising signs for
Oakwood Heights. The locations were discussed by city council members and the
members indicated that ordinarily the council will allow only two and a
maximum of three temporary advertising signs for any new subdivision. It was
noted the intent of the advertising signs was only to show directions and not
to people. Wachter moved, Egan seconded the motion to approve three
temporary advertising signs located on Dodd Road as requested by the
applicant. The applicant requested that the Pilot Knob and Cliff Road
location be approved in particular. After further discussion, the foregoing
Resolution was withdrawn. Smith moved, Thomas seconded the motion to approve
two locations for temporary advertising signs for Oakwood Heights at locations
determined by the developer. All voted in favor. Mr. Young indicated that
the Dodd Road /Cliff Road and Pilot Knob Road /Cliff Road would be the expected
designations of the signs.
LONE OAK HEIGHTS PRELIMINARY PLAT EXTENSION
Orrin Aune of Midwest Associates of St. Paul, requested an extension of
six months for the preliminary plat for Lone Oak Heights Addition, noting that
financial guarantees have not been submitted and approved by the City staff.
Upon motion by Thomas, seconded Wachter, it was resolved that the six month
extension as requested be approved. All voted in favor. SEE PLAT FILE
HILLTOP OF EAGAN - FINAL PLAT
Developer's Construction has submitted an application for approval of
Hilltop of Eagan final plat. It was noted that the name change from Hilltop
Condominiums to Hilltop of Eagan was necessary because of Dakota County filing
requirements. Wachter moved, Thomas seconded the motion to approve the final
plat and authorize execution of related documents. All voted yes. R 82 -56
SEE PLAT FILE
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RICHARD HALLADY - ROADWAY CUSTOM TRAILERS - BUILDING PERMIT
An application of Richard Hallady who owns Roadway Custom Trailers at
3248 Terminal Drive, for building permit for a 2,000 square foot secondary
building on the property for storage purposes was considered by the Council.
Mr. Hallady was present and it was noted that the application appears to
conform with the Ordinance except for the interpretation of the additional
building on the property. It was noted, however, that it is not a primary
building and Smith moved, Egan seconded the motion to authorize the building
permit and not require the full concrete curbing and landscape requirements,
noting that the property abuts Highway #13 and it would be desirable to
enclose the storage material in an enclosed building; further, however, it is
not interpreted as a variance. All voted in favor.
SWIMMING POOL ORDINANCE
A proposed draft of a Swimming Pool Ordinance that has been requested by
property owners in the City was reviewed by the City Council. Councilmembers
were concerned about drainage onto neighboring owners property and there was a
suggestion that a dry well be installed in the event that the drainage cannot
be retained on the owner's property. After discussion, Wachter moved, Egan
seconded the motion to continue the consideration of the Ordinance to allow
the staff to submit revisions noting that percolation tests may be required
for the definition of the size of the dry well. All voted in favor.
CONTRACT #82 -13 - BRITTANY 4TH AND SAFARI RESERVOIR WATERMAIN
The bids for Project #364, Brittany 4th Addition Trunk Water Main and
Project #366 -I, Safari 4.0 M.G. Water Reservoir Water Main were opened on
October 27, 1982 and the bids were submitted to the Council. It was
recommended that the low alternate bid of $68,367.00 from Encon Utilities,
Inc. be accepted to include additional grading, together with a temporary
construction easement from an adjoining owner. Smith moved, Wachter seconded
the motion to approve the low alternate bid with Encon Utilities, Inc. and
authorize the execution of a contract. All voted in favor.
CONTRACT #82 -14 - SAFARI WATER RESERVOIR
The plans and specifications for Contract #82 -14 consisting of Project
#366 -II for the Safari 4.0 M.G. Water Reservoir were submitted and it was
recommended that they be approved. There was an alternate with "Eagan"
wording on the reservoir tower. Upon motion by Wachter, seconded Smith, it
was resolved that the plans and specifications for Contract #82 -14 be approved
and the Clerk be authorized to advertise for bids to be opened at 10:30 a.m.
on Thursday, December 2, 1982 at the City Hall. All voted yes.
SAFARI ROAD ACCESS AGREEMENT
It was recommended that a Joint Use Agreement with Mr. and Mrs. Michael
Patten, dated October 27, 1982 concerning access to the Safari Water Reservoir
site be approved. A copy of the Agreement was distributed to the Council.
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Upon motion by Egan, seconded Smith, all voting in favor, it was resolved that
the agreement be approved.
LONE OAK TREE - MINNESOTA DEPARTMENT OF TRANSPORTATION
John Sandahl appeared on behalf of the Minnesota Department of
Transportation at the request of the City Council concerning the Lone Oak Tree
at Highway #55 and Lone Oak Road. It was noted that during the road recon-
struction of the Highway #55 area, bituminous had been laid about one foot
closer to the tree, but noted that additional fill around the tree had also
been installed. Mr. Sandahl stated the State Forester indicated that the tree
has about two years of life left and that the project has not significantly
affected the life of the tree. He stated there could be a traffic hazard and
requested on behalf of MnDOT, that the tree be removed at the present time to
avoid traffic and safety problems. City Councilmembers indicated that they
were very disturbed about the proposed removal of the tree and had requested
specifically in approval of the plans for the area, that the tree be
preserved. Councilman Wachter requested that an Oak tree be planted in the
general area to replace the Lone Oak tree. Blomquist moved, Wachter seconded
the motion that MnDOT remove some of the blacktop and fill in the general area
to attempt to extend the life of the Lone Oak Tree. All voted in favor.
Wachter then moved, Egan seconded the motion to request MnDOT to plant a new
Oak tree in the general area of Lone Oak Road and Highway #55, as a replace-
ment for the tree. All voted yea.
REAPPORTIONMENT OF SPECIAL ASSESSMENTS
A request had been made under Project #345 for reapportionment of special
assessments for Canterbury, Wedgwood and Oakwood Heights Additions, against
adjacent property within the Lexington South Planned Development. Jim Curry
of Lexington South indicated it is a necessity by a technical requirement of
the Title 10 HUD funding which does not allow assessments to be allocated
against Canterbury Forest, Wedgwood and Oakwood Heights Additions. The total
amount of the assessments is $212,007.16 for streets, storm sewer lateral and
storm sewer trunk. A proposed agreement was submitted to the Council and
after discussion, Egan moved, Wachter seconded the motion to approve the
agreement and to incorporate certain changes in the agreement proposed by the
City Attorney. All voted in favor.
RIDGECLIFF 1ST ADDITION - TIME EXTENSION
The City of Eagan and Orrin Thompson Homes entered into a Development
Contract on September 15, 1982 for Ridgecliff lst Addition providing for
completion of street surfacing in the project. The requested date would be
September 1, 1983 and the staff recommends temporary blacktop surfacing of
Lenore Lane from Cliff Road to approximately 100 feet south. Wachter moved,
Thomas seconded the motion to approve the request for time extension to
September 1, 1983, subject to the conditions imposed by the City. All voted
in favor.
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McLEAN -HUDAK PROPERTY - GRADING AND EXCAVATION PERMIT
The City has received an application for a grading and excavation permit
for approximately 250,000 cubic yards on property north of Highway #55 near
Highway #49, to be performed by Johnson Brothers Construction Company. The
McLean -Hudak property would be the location for the deposit of the material
and the proposal is to comply with all applicable City ordinances. Blomquist
moved, Egan seconded the motion to continue the consideration of the request
until the next meeting so that staff can contact the affected property owners
in the area concerning the proposal. All voted yea.
RIVER HILLS 9TH ADDITION REPRESENTATIVES
Richard Becker and other residents in River Hills 9th Addition appeared
in particular, regarding the Naegele Outdoor Advertising Billboard sign that
has been constructed on the east side of Trunk Highway X677 - Cedar Avenue.
Objections were received from property owners in that Addition, and they
suggested that the Sign Ordinance be changed to redefine certain provisions.
Julie Bye from Naegele Outdoor Advertising Company was present and answered
questions r concerning the sign permit which had been approved by the City
Council earlier. A report from Dale Runkle dated November 3, 1982 indicating
that the height of the sign seems to be in violation of the Eagan Ordinance
No. 16 was presented. Neighboring owners requested a new location for the
sign and the Council suggested conditional use permit be required for all
advertising signs. Blomquist moved, Egan seconded the motion that the Council
determine that the sign is in violation of the Ordinance regarding height and
that the staff and the owner attempt to determine how the owner can comply
with the Ordinance, including the 40 foot height limitation above the roadway
level where the adjacent land is higher than the roadway, noting the inter-
pretation of the City is that where the adjacent land is higher than the
roadway, the sign can be no higher than 40 feet from the existing roadway.
All voted yes. Egan then moved, Blomquist seconded the motion that the
Council be on record requiring conditional use permit applications for the
grant of permits for advertising signs. All voted yes.
THOMAS LAKE STORM SEVER TRUNK APPEALS
Tom Hedges read the portion of the decision of the Dakota County District
Judge regarding the storm sewer trunk appeal of Thomas Kubista who was the
only property owner who had perfected his appeal to the District Court regard-
ing the Thomas Lake Trunk Storm Sewer project. The District Court Judge has
determined that the benefit exceeded the amount of the assessment levied and
it was noted that all other appeals have now been withdrawn.
LEGISLATIVE POLICIES REVIEW
The City Council will, at a later time, discuss the proposed policies for
the 1983 Legislative Session proposed by the League of Cities and the A.M.M.
City Council Minutes
November 9, 1982
CABLE T.V. RFP
Mr. Hedges and Councilman Smith indicated the RFP have now been sent out
by the Cable T.V. Joint Committee and that some responses have been received.
On November 10, a Subcommittee Meeting will be held and further review of the
RFP's will take place.
JOB TRAINING PARTNERSHIP ACT OF 1982
Mayor Blomquist submitted a short resume of the Job Training Partnership
Act of 1982 regarding employment of persons with serious employment barriers
in which a cooperative program is being proposed for the education, training
and employment, assistant to low income and unemployed youth and adults. It
was noted a resolution of intent would first be required and an application
would then be submitted for a block grant. She stated that Eagan would be an
appropriate location for the implementation of the program in Dakota County
and that information will be distributed at a later time.
DAKOTA COUNTY COURT SITE -- PROJECT #370
A Petition had been received from the Dakota County Board for a feasi-
bility report for Project #370 for improvements to the new County Court
facility. Egan moved, Wachter seconded the motion to accept the Petition and
to order the Consulting Engineer to prepare a feasibility report. All voted
in favor.
I -494 BRIDGE OPENING
The grand opening of the I -494 bridge across the Minnesota River from
Bloomington to Eagan was celebrated at 1:00 p.m. on Tuesday, November 9, 1982
at which time Mayor Blomquist, other Mayors, Governor Quie, and many other
dignitaries were present at the opening ceremony.
NCCARTHY PROPERTY - PROJECT #361
Tom Colbert and Paul Hauge dicsussed with the Council the proposed acqui-
sition of easements across the Patrick McCarthy property for the sanitary
sewer trunk Project #361. It was recommended that the Council authorize the
surveying of the parcel in anticipation of future condemnation proceedings, if
necessary, and that in the interim, the staff will continue to work with the
developers concerning funding for the easement acquisition. Smith moved,
Thomas seconded the motion to authorize the commencement of condemnation for
the easement, including the surveying of the property, pursuant to the
Resolution attached to these Minutes, and further, pursuant to the Resolution
of the City Council meeting of October 5, 1982 regarding the acquisition of
the easements. All voted in favor.
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CHECKLIST
Wachter moved, Smith seconded the motion to approve the following
checklist dated: November 9. 1982.
All voted in favor.
Upon motion duly made and seconded, the meeting adjourned at 10:50 p.m.
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