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