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12/07/1982 - City Council Regular0G 4'.3. 17 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 7, 1982 A regular meeting of the Eagan City Council was held on Tuesday, December 7, 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 Keller. AGENDA Upon motion by Egan, seconded Thomas, it was resolved that the Agenda as distributed be, approved. All voted yes. 1. November 4, 1982, Special Meeting. Smith moved, Egan seconded the motion to approve the minutes. All voted yes. 2. November 16, 1982, Regular Meeting. It was noted that the minutes should be corrected to show that in regard to Bicentennial Planned Develop- ment, Councilman Wachter voted No in regard to the motion for a revised development plan. It was also noted that Councilmember Egan abstained from the vote regarding Industrial Revenue Financing, and that approval was condi- tioned upon the developer's compliance with state law, Eagan ordinances and policies, and specifically, setback requirements under the Eagan Zoning Ordi- nance. Wachter moved, Egan seconded the motion to approve the Minutes as amended. All voted yes. 3. November 23, 1982, Special Meeting. Smith moved, Wachter seconded the motion to approve the minutes as distributed, except to correct the adjournment time to show that the meeting adjourned at 11:30 p.m. All voted yes. 4. November 30, 1982, Joint Meeting with Advisory Planning Commission. Egan moved, Thomas seconded the motion to approve the Minutes. All voted yes. FIRE DEPARTMENT The Oath of Office was administered by City Administrator Hedges to District Fire Chiefs Ken Southorn and Dick Schindeldecker. Fire Chief Childers breifly explained the status and responsibilities of District Fire Chiefs. OC 18 Council Minutes December 7, 1982 POLICE DEPARTMENT 1. Chief DesLauriers and Administrator Hedges briefly explained the settlement offer of $7,680.00 proposed by General Motors in regard to the five (5) Diesel squad cars purchased from Oldsmobile by Eagan Police Department. Smith moved, Egan seconded the motion to accept the offer from General Motors. All voted yes. 2. Chief DesLauriers then explained the request for the purchase of seven (7) police vehicles prior to the end of 1982 in order to take advantage of the significant savings of purchasing through the Hennepin County Pur- chasing Contract. Wachter moved, Thomas seconded the motion to approve the purchase of the police vehicles as recommended by the Chief of Police. All voted yes. PARK DEPARTMENT Director of Parks, Ken Vraa appeared to explain to the Council the re- newed request by the local snowmobile organization to utilize Highline Trail and Johnny Cake Ridge Road for access to Lebanon Hills Regional Park. There was some discussion concerning the use of Johnny Cake Ridge Road in light of the increased traffic, due to the Cedar Avenue detour. It was agreed that Johnny Cake Ridge Road was the best way to channel snowmobile traffic from the western portion of the City to the park. Wachter moved, Smith seconded the motion to approve the request of the snowmobile organization to utilize the Highline Trail and Johnny Cake Ridge Road for one year. All voted yes. PUBLIC WORKS DEPARTMENT 1. For information purposes only, Director of Public Works Colbert described the status of the Blackhawk Storm Sewer assessments. 2. Director of Public Works Colbert advised the Council that Floyd and Hazel Dickens had executed the Agreement regarding assessments as previously discussed by the Council with no changes. Egan moved, Wachter seconded the motion to approve the Agreement and respread of assessments as indicated. All voted yes. CONSENT AGENDA The following consent agenda items were presented: 1. Conditional Use Permit Renewals for November and December. Three conditional use permits for Dakota Homes - a sales lot, John Bushnell - tem- porary building, and Mary Schmidt - Montessori School were found by City staff to be in compliance with the original intent of the conditional use approvals and were recommended for renewal to the Council. 2 Council Minutes December 7, 1982 00319 2. Annual Planned Development Reviews. Seventeen Planned Developments were reviewed in detail by the Advisory Planning Commission and the City Council at a Joint Meeting held on November 30, 1982. It was recommended that 15 of the 17 planned developments, excluding Cedar Cliff Commercial Planned Development and South Delaware Hills Planned Development be approved. 3. Trading of Assets /Park Site Acquisition and Develop Fund and Consolidated Service Bond Fund. Staff has recommended that a special assess- ment receivable in the amount of $2,483.02 for the Park Site Acquisition Development Fund be exchanged to the Consolidated Debt Service Fund for cash. 4. I -35E /Lone Oak Road - MnDOT Plans and Specifications. tt was recom- mended that the Council approve the specifications for the construction of I- 35E from 0.4 miles south of Lone Oak Road to 0.6 miles north of Lone Oak Road, including the relocation of the west service road over to Eagandale Blvd. R 82 -58 5. Consulting Engineer Fee Schedule for 1983. It was recommended that the Council approve a fee schedule increase in the average amount of 6.1% for the Consulting Engineering firm of Bonestroo, Rosene, Anderlik & Associates for 1983 as outlined in their proposal. 6. Warming House Attendants. Parks and Recreation Director Vraa recom- mended approval of warming house attendants as listed in the Council packet. All positions are considered part -time and the compensation is $3.10 to $3.70 per hour with an average wage of $3.40 per hour. D 82 -18 Upon motion by Smith, seconded Egan, it was resolved to approve all the foregoing recommendations and order their implementation. All voted yes. SENIOR CITIZEN - FIRST TIME HOMEBUYER PROGRAM A public hearing regarding the Senior Citizen /First Time Homebuyer Pro- gram was convened. Representatives from Dakota County HRA, Miller & Schroeder, and Holmes and Graven appeared on behalf of the program to provide explanation. Council was advised that the housing plan had been amended to comply with the program. A proposed resolution was distributed correcting typographical errors to the Resolution provided in the packet. Smith moved, Wachter seconded the motion to approve the program and close the hearing. All voted yes. R 82 -59 91 Council Minutes December 7, 1982 FEDERAL REVENUE SHARING PROPOSED USE 0('320 The Mayor next convened the public hearing regarding the proposed use of Federal Revenue Sharing Funds. It was noted this was the first of two public hearings required to be held for this purpose. The entitlement for federal fiscal year October 1, 1982 through September 30, 1983 is expected to be $138,504.00. The City currently has $9,359.00 remaining in 1981 funds and $129,882.00 from 1982 Federal Revenue Sharing Funds. It was proposed that the Ordinance Codification, at an estimated cost of $18,000.00, be paid from the 1981 -1982 Federal Revenue Sharing Fund balances. There was also a suggestion that $13,500.00 be used to purchase votomatic machines. It was suggested that with no further specific proposed uses for federal revenue sharing, that one possibility would be to appropriate the entitlement in a general sense with additional review at the time of proposed expenditures during 1983. Further uses will be discussed at the public hearing scheduled for December 21, 1982, simultaneous with the adoption of the 1983 General Fund Budget. There were no suggestions from the audience. Wachter moved, Egan seconded the motion to close the proposed Use Hearing and order final preparation of the Federal Revenue Sharing Budget for consideration with the 1983 Budget at the December 21, 1982 City Council meeting. All voted yes. TEMPORARY ADVERTISING SIGN - GABBERT DEVELOPMENT COMPANY Pursuant to the Council's suggestion, Gabbert Development has returned to the Council with a revised application for temporary advertising sign 4 feet by 8 feet, and no greater than 7 feet in height, on the west side of Pilot Knob Road, 200 feet south of the intersection with Wilderness Run Road. Egan moved, Thomas seconded the motion to approve the permit for temporary adver- tising sign. All voted yes. ORDINANCE CODIFICATION As a final step of the Ordinance Codification project, it was recommended that the City Council adopt Ordinance No. 1, Second Series, which in effect adopts a codification of all ordinances of the City of Eagan. Council was advised that the Codification Book would be available on Decenber 9, 1982. Copies for the public will be available after January 1, 1983, the effective date of the ordinance. It was pointed out that the Zoning Ordinance was not codified due to the requirement of public hearing prior to any amendment. Egan moved, Wachter seconded the motion to adopt Ordinance No. 1, Second Series. All voted yes. 4 0632 _ Council Minutes December 7, 1982 REVIEW OF CITY HALL PLANS Council then reviewed the latest drawings regarding the City Hall. There was some discussion regarding one or two design features of a cosmetic nature. Because of this concern, it was suggested that the plans be only preliminarily approved, noting that the layout and basic structure were completely satisfac- tory to the Council. Wacter moved, Egan seconded the motion to approve preli- minarily the final design of the City Hall project as reviewed to date and direct the Architect to prepare the final cost estimates before the final design is approved and bids are authorized for the new City Hall building project. All voted yes. NORTH STAR TRANSPORT CONDITIONAL USE PERMIT Dennis Briguet appeared on behalf of North Star Transport and 789 Company in regard to the conditional use, variance and easement requested in regard to truck terminal operations on Lots 1 and 2, Block 4, Eagandale Center Indus- trial Park #3. The proposal is for a conditional use permit for the outside storage of tractor trailers and tractors, a reduction of setback variance and an easement for the use of Apollo Road, east of Mike Collins Drive, due to the lack of a crossing over the Milwaukee- St.Paul- Pacific Railroad. Council was advised that an Agreement had been drawn up between North Star Transport and 789 Company, and the City of Eagan. Egan moved, Smith seconded the motion to approve the request, subject to the conditions: 1. Those imposed by the Advisory Planning Commission, including: a. That the applicant abandon the easement to the City when requested by the City, specifically, if, 1) The railroad should abandon the Milwaukee Road right -of- way to allow a crossing for Apollo Road, 2) The Public Service Commission grants a permit for such railroad crossing, and 3) A crossing of the railroad right -of -way is authorized for Apollo Road. b. That no more than 40 tractor trailers shall be allowed to be stored on Lots 1 and 2, Block 4. C. That the applicant shall provide adequate dust control measures on crushed limestone surfaces on a regular basis. d. That a detailed landscape plan shall be provided and a land- scape bond of an adequate amount shall be provided and not released until one year after the landscaping has been com- pleted. 5 0032 Council Minutes December 7, 1982 e. That the applicant comply with all other City Ordinances. f. That the applicant is responsible for any assessments that may accrue for the extension of Apollo Road, and g. That the applicant is required to comply with all the existing setback ordinances upon abandonment of the easement. 2. Those imposed by the City Council, including: a. That the applicant is responsible for the reconstruction of Apollo Road upon abandonment, for whatever reason, of the easement. b. That detailed site and drainage plans be approved by staff. c. That the City be notified of a conveyance of any of the affected parcels or a change in the contractural relationship between North Star and 789. All voted yes. CABLE TELEVISION JOINT POWER AGREEMENT The Council then reviewed the Joint Powers Agreement proposed by legal counsel for the Cable Commission. There was some discussion regarding Article VI, Section 2, requiring that one of the members of the Commission from each City be a council member. No change was recommended at this time. Thomas moved, Egan seconded the motion to approve the Joint Cooperative Agreement for the administration of a Cable Communication System. All voted yes. SEE AGREEMENT FILE CONTRACT #82 -14 - BIDS Bids for Contract #82 -14 were received and reviewed by the City Council. Appearances were made by a second low bidder, Chicago Bridge & Iron Co. and the low bidder, Webco, Inc. It was pointed out that there was a cheaper cathodic protection system than the Wallace & Tiernan anode system requested in the bid specs. However, it was pointed out that neither of the low bidders had used the alternate system in their bids. Therefore, the bids appeared comparable. Egan moved, Wachter seconded the motion to receive the bids, authorized the Mayor and City Clerk to execute all the required contract documents and award the contract to the low bidder, Webco, Inc. in the amount of $531,190.00. All voted yes. 6 00333 Council Minutes December 7, 1982 EAGAN HISTORY CON41TTEE Arnie Carlson and Elizabeth Kennelly appeared on behalf of the Eagan History Committee. There was significant discussion regarding the Council's direction regarding which of two manuscripts or a combination of each were desired by the Council. Council indicated to the Committee that the revised and condensed version (the Red Book) was the one that the Council desired to be published. FRUIT DISTRIBUTORS, INC. There was some discussion by the Council regarding the letter from Fruit Distributors, Inc. and its proposed use of the old Home Juice Building. It was indicated that there would be a need to rezone for use as a wholesale distributorship. It was also indicated that parking for trucks as a wholesale outlet or cars as a retail outlet, may be a problem. DONALD THORPE LETTER Council acknowledged receipt of a letter from Mr. Donald Thorpe express- ing concern regarding the accumulation of litter in neighborhoods due to various printed materials that are distributed in Eagan, other than through the post office. ACTION ALERT Tom Hedges advised the Council of proposed budget bills in the Legisla- ture that would affect the revenues to Cities throughout the State. The latest budget bill had been defeated the same afternoon of the Council meeting. The Council determined that it would have to wait to adjust the budget if necessary, at the next regular meeting. PEOPLES NATURAL GAS Tom Hedges advised the Council of a letter received by the City indi- cating that in January, consumers would realize a rebate due to an anticipated reduction in the cost of gas to Peoples Natural Gas. 1. NSP FLY ASH SITE Mr. Hedges then advised the Council of the information he had received concerning a proposed fly ash site in South St. Paul. _ 7 0 Council Minutes December 7, 1982 GAS PIPELINE PRESSURE REGULATORS The Mayor then brought up the issue of gas pipeline pressure regulators which have been appearing all over the City of Eagan. Concern was expressed regarding these above - surface valves which could easily be broken off during an accident or by snowplows. It was suggested that they were unsightly. Staff was directed to find out what other cities were doing about this appar- ently new system on the part of gas companies. LONE OAR TREE Council then discussed the proposal from Bob Dobbins of MnDOT regarding a substitute for the historic Eagan Lone Oak Tree. Motion by Wachter, seconded by Thomas to direct the staff to correspond with MnDOT indicating that a historical marker was requested and that a White Oak tree of significant size is preferred at the new location previously agreed upon with MnDOT. All voted yes. EAGAN HISTORY BOOR PICTURES Council next discussed the problem of obtaining pictures from the Chair- man of the History Committee, which had been requested from various people under the pretext of a city- sponsored history book. The City has issued a check for the pictures. However, the Chairman of the History Book Committee has refused to release them to the City. Smith moved, Thomas seconded the motion to authorize the City Attorney's office to recover the photos and manuscripts by whatever means necessary and as quickly as possible. All voted in favor. WESCOTT TRUNK SANITARY SEWER Director of Public Works Colbert then advised the Council that the next morning a survey team intended to lawfully enter the Pat McCarthy property in order to provide a proper legal description for future negotiation or condem- nation for Wescott trunk sanitary sewer. He indicated that there was some concern about a potential confrontation the next morning. I -35E AND CLIFF ROAD Director of Public Works Colbert then advised the Council that the By- Pass of I -35E over Cliff Road had been greatly accelerated and that MnDOT was now proposing that the clearing of trees would commence in the next week and that the By -Pass over Cliff Road would be completed by mid -May with traffic opening on Cliff Road by October of 1982. V ( Council Minutes December 7, 1982 NEWSRACKS Councilmember Smith then brought up the issue of settlement of disputes with newspaper companies regarding the location of newsracks within the City and on the City public rights -of -way. It appeared that Minneapolis and per- haps another City had settled the issue by charging $45.00 for the first newsrack and $5.00 for each additional newsrack up to a maximum of $200.00 permit fee. It was proposed that this might be a reasonable compromise which might give the City control over the location of the newsracks, which was its real concern. Smith moved, Wachter seconded the motion to change the fee structure in accordance with the discussion above. All voted in favor. U.S. TODAY NEWSRACKS - SILVER BELL & BEAU D' RUE Council then discussed the location of the newsrack at Silver Bell Road and Beau D' Rue Drive, which U. S. Today has failed to move after notice by the City. Smith moved, Egan seconded the motion to remove the U. S. Today newsrack at the Silver Bell Road and Beau D' Rue Drive location because of its potential as a traffic hazard. All voted yes. CHECKLIST Upon motion by Thomas, seconded Blomquist, the following checklist as presented was ordered paid: December 7, 1982 All voted in favor. ADJOURNMENT p.m. Upon motion duly made and seconded, the meeting was ad,jourend at 10:40 DGK City erk 9