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01/04/1983 - City Council Regular 00111 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 4, 1983 A regular meeting of the Eagan City Council was held on Tuesday, January 4+, 1983, at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Ad- ministrator Hedges, City Engineer Rosene, Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the Agenda as distri- buted. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of the regular meeting of December 21, 1982 be approved with the exception of page 6, concerning the Naegele billboard, those in favor were Smith, Egan and Thomas; Wachter and Blomquist voted no. Further, on page 9, regarding Piccolo's application, that Wachter voted no. All voted in favor. PUBLIC WORKS DEPARTMENT 1. Comserv Corporation Private Well. An application has been received from Comserv Corporation requesting consideration of the issuance of a special permit to allow the installation of a private well for irrigation and pond stabilization for the new facility constructed within the Comserv #1 Addition. It was noted that the Eagan Ordinances did not allow a private well where there is access to the public water system and the staff recommended denial because of the long term implications and precedent that could be set. It would require a variance from existing code. Mr. Gerry Faehn of Comserv was present and stated that from an economic standpoint it would be practical to install a private well and further because it would lessen the use of treated water for irrigation purposes. After discussion, Smith moved, Thomas seconded the motion to continue the request until the staff and consulting engineer has more fully reviewed the long term implications of the request and these com- ments both for and against the proposal request would be resubmitted to the Council for a decision. All voted in favor. 1 Council Minutes January 4, 1983 2. Deerwood Drive Right-of-W Acquisition. The Council on June 15, 1982 had authorized the staff to initiate discussion with MnDOT pertaining to Joint Acquisition of approximately 3.4 acres of land from the Francis Franz property, south of Deerwood Drive for proposed future 6.0 M.G. water reservoir in conjunction with MnDOT's right-of-way acquisition for I-35E. A draft Agreement has been prepared by MnDOT and submitted to the City. The report covered the estimated cost which would approximate $50,000.00 for the acquisi- tion of the land by the City. Based on the City's estimated cost to acquire the property at the present time, the staff recommended against proceeding with the joint acquisition with MnDOT. Further, Mr. Colbert reported that Deerwood Drive would have to be upgraded from the bridge to Riverton Avenue as I-35E crosses Deerwood Drive and it will be necessary to acquire a limited amount of permanent right-of-way and temporary slope easement. It was recom- mended that the Council authorize the preparation of a cost participation acquisition agreement for this right-of-way approximated to cost $12,000.00 to $15,000.00. Upon motion by Wachter, seconded Egan, it was resolved that the recommendation of the staff to abandon the proposed acquisition of the water reservoir site be approved; and further, that MnDOT prepare a Cost Participation Agreement pertaining to the upgrading of Deerwood Drive and the acquisition of the right-of-way and temporary easements for approximately 125 feet east of the intersection of Riverton Avenue and Deerwood Drive. All voted yea. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval. 1. Five Year MSAS Construction Program. The Engineering Division is currently preparing a five year projection for its Municipal State Aid Street construction within the City and it was recommended that the resolution re- garding the five year MSAS street construction program be continued until the January 18, 1983 regular meeting. 2. Project #368 - Feasibility Report. The Feasibility Report for Project #368 covering Robin Lane street improvements was recommended for approval and that the Council schedule a public hearing to be held on February 1, 1983 at 7:00 p.m. at the City Hall. 3. Project #369 - Feasibililty Report. The Feasibility Report covering Sheffield Addition improvements was submitted and recommended to be accepted and that the public hearing was scheduled by the City Council to be held on February 1, 1983 at 7:00 p.m. at the City Hall. Egan moved, Thomas seconded the motion to approve the foregoing Agenda items and order their implementation. All voted yes. 2 03 Council Minutes January 4, 1983 PROJECT #306 - COUNTY ROAD #30 - PUBLIC HEARING The continued public hearing regarding street improvements for Project #306 covering County Road #30 (Diffley Road), from Nicols Road to Blackhawk Road was reconvened by Mayor Blomquist. It was noted that a hearing had been held on December 14, 1982 and Mr. Colbert explained the project in detail covering one mile of improvements on County Road #30. Three members of the County Highway Department were also present, including Highway Department Director Sandeen. A handout was distributed, including the proposed assess- ment rolls and costs with various alternates. A large number of affected property owners were present with many questions regarding the project. Generally they opposed the 68 foot street width and many requested that a 44 foot improved roadway be installed. Other alternates include the construction of a 52 foot, 4-lane road with 20 foot frontage roads taking access directly to County Road #30 or a 50 foot 4-lane road with 20 foot frontage roads taking direct access to local streets. There were questions why a 4-lane road would be installed through the Cedar Grove area with 2-lane road east of Cedar Grove. Mr. Sandeen indicated the traffic projections dictated a 4-lane road through the Cedar Grove area, and further the standards have been designed to take care of the traffic projections. There was also concern about a 4-way stop at Blackhawk and County Road #30; questions also dealt with receiving state aid financing with less than a 52 foot roadway, and Mr. Sandeen indi- cated it would be possible provided traffic projections were lower. Mayor Blomquist was concerned about using 1980 traffic counts which may have been taken when some roads were closed in the area for improvements. Attorney David Sellergren on behalf of Cliff Road Properties was present and stated that the developer of the Cliff Road Properties on both sides of County Road #30 east of Rahn Road, did not want to have a road installed any larger than necessary, but was concerned about densities used in determining the width of the proposed improvements. He requested a 15 year assessment spread and either reduce the size of the road or that there be a larger city contribution for its improvements. The problem of children in the area caused by a wider road and also the possibility of a 44 foot roadway had not been adjusted completely according to Mayor Blomquist. Egan moved, Blomquist seconded the motion to continue the hearing until the February 1, 1983 meeting or at a later time to allow the County Highway Department time to submit sufficient information to justify the design of the proposed roadway; further, to con- sider whether a compromise between a 44 foot and a 48 foot road cannot be considered including the cost factors involved in abandoning the proposal of shutting off the frontage roads in Cedar Grove from Nicols to Rahn Road; further, that the County determine what affect closed roads in the area would have on traffic counts and whether the County could compensate for the closing of roads while traffic counts are being taken. All voted in favor. Blomquist moved, Egan seconded the motion to direct the staff to renotify all the parties about the continued hearing. All voted yes. 3 00064 Council Minutes January 4, 1983 PROJECT #312 - CEDAR GROVE 1 & 2 STREET RECONSTRUCTION The continued public hearing from December 14, 1982 which was held at Rahn Elementary School concerning street improvements for street reconstruc- tion of Cedar Grove No. 1 and 2 was convened by Mayor Bea Blomquist. Mr. Colbert detailed the improvements including a slide presentation and noted that several owners had not been noticed at the previous hearing. Handouts were distributed and copies were made available to all affected residents present. Two alternates included upgrading the streets with an overlay and replace the sections of bituminous curbing that have been broken up or non- existent; secondly, install concrete curb and gutter B6-18, which would require some driveway aprons. He noted that a petition had been received from owners on the frontage road along Nicols Road to consider the implications and costs of eliminating the frontage road north of Nicols Road and south of Diffley Road. Right-of-way could be vacated but easements for utilities would be required. The proposal is for 1983 construction and the assessment hearing possibly in early 1984 with a 10 year assessment spread and interest based on the interest rate existing on the sale of bonds to finance the project. Mr. Colbert stated that the cost of eliminating the Nicols Road frontage road or rebuilding the frontage road are nearly equal. There were questions con- cerning parking in the area in front of the homes along Nicols Road and Mr. Colbert indicated that there is no tentative plan to upgrade Nicols Road or County Road #23 at the present time for at least 12 to 18 months, until after the County turns back the road to the City. There is a possible future assessment for upgrading Nicols Road. Jerry Soiheim and other residents from the Nicols Road area were present with numerous questions and asked that the alternates be considered and that the residents then be allowed to react to the City Council at a later time. A hand vote was taken of those present with 12 in favor of concrete curb and gutter, and 12 in favor of bituminous curb and gutter in the Cedar Grove area. There was no definite consensus but it was noted that at the December 14 meeting, more than two to one were in favor of the concrete curb and gutter. Smith moved, Thomas seconded the motion to continue the public hearing until the February 1st meeting to allow the staff to send out survey letters to all affected property owners and also to include a summary statement prepared for the Nicols Road project to allow the resi- dents to indicate whether they favored concrete or bituminous curb and gutter. All voted yes. 4 00005 Council Minutes January 4, 1983 NAEGELE OUTDOOR SIGN PERMIT The council again considered the Naegele Outdoor Advertising Co. sign that was installed on the Cedar freeway area between Cliff Road and Diffley Road. Julianne Bye of Naegele was present. A synopsis of the action to date was submitted by City Administrator Tom Hedges. There were questions by area residents concerning ordinance revisions and whether the City Council intended that the 40 foot height provision, under Ordinance #16, be determined from roadway level or from the level of the adjacent property. There was also questions as to how high the sign is in violation of the ordinance. Wachter moved, Blomquist seconded the motion to order Naegele to remove or relocate the sign to conform with the Ordinance, whether in the present location or another location on the Barton Contracting property. There was lengthy discus- sion concerning the intent of the ordinance and the intent of the committee who drafted the ordinance concerning the construction of a 40 foot level. Those in favor were Blomquist and Wachter; those against were Smith, Egan and Thomas. Councilmember Smith stated that the intent of the committee was that an advertising sign be constructed at ground level, and moved that the staff continue to negotiate with Naegele concerning the height and location of the sign; and further, that the staff prepare alternate drafts covering the height of advertising signs for review and action of the council. Thomas seconded the motion. Smith, Egan and Thomas voted yes; Wachter and Blomquist voted no. Mr. Hedges indicated that the staff has contacted the property owner who indicated there was no objection to relocating the sign. Smith then moved, Egan seconded the motion that the staff prepare several alternate proposals concerning the height provisions of the sign ordinance. All voted in favor. LENTSCH WAIVER OF PLAT - DODD ROAD The request of Lentsch Realtors for waiver of plat to split off .37 acres from approximately a 4.2 acre parcel located south of Hackmore Drive and west of Dodd Road was next presented. Upon motion by Thomas, seconded Egan, it was resolved that the application be continued until the January 18, 1983 City Council meeting. CONTRACT #81-15 FINAL PAYMENT The City received a request for final payment to Northdale Construction Company for Contract #81-15 in the amount of $14,179.15 and it was recommended that it be approved and the project be accepted for perpetual maintenance. Wachter moved, Thomas seconded the motion to approve the recommendation as presented. All voted yes. 5 Council Minutes January 4, 1983 NEW CITY HALL PLANS Jack Boarman, Architect, appeared and reviewed some of the proposed revisions to the plans for the new City Hall. After extended discussion, Smith moved, Thomas seconded the motion to approve the revised plans, subject to further staff review; further that the design and appearance of the building be approved. All voted yes. DAY CARE FACILITY - COUNTY ROAD #30 & PILOT KNOB ROAD Dale Runkle, City Planner, was present and briefly explained the proposal for day care facility at the James Refrigeration Shopping Center site near County Road #30 and Pilot Knob Road. He noted that it is not specifically a permitted use in a Neighborhood Business District, but could be deemed a similar use. No action as taken. SNOW REMOVAL The City Council commended the Public Works Department including Tom Colbert and all maintenance employees for the very efficient removal of snow during the prior week's 16 inch snow fall in the City. HRA SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM There was discussion by the City Council concerning participation with West St. Paul in the Single Family Mortgage Revenue Bond Program noting that the Mendota Heights' City Council had turned down participation with West St. Paul and Eagan in a previous program. No action was taken. LOSER'S GROUP FUND Egan moved, Blomquist seconded the motion, all voted in favor, to con- tribute $100.00 toward Eagan's membership dues in the Metropolitan Loser's Group relating to tax and fiscal disparity issues which amount will be paid to the City of Savage. SPECIAL MEETING The special meeting of the City Council was scheduled for January 12, 1983 at 7:00 p.m. at City Hall to interview candidates for the vacancies on the Advisory Planning Commission and Advisory Park Committee. 6 0(s 007 Council Minutes January 4, 1983 CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that th following Checklist be approved: January 4. 1983 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:35 p.m. All voted in favor. PHH Cit ,Perk 7