01/18/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 18, 1983
A regular meeting of the Eagan City Council was held on Tuesday, January
18, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City
Councilmembers Smith, Thomas, Egan and Wachter. Also present were City
Administrator Hedges, Public Works Director Colbert, City Engineer Rosene and
City Attorney Hauge.
AGENDA
Upon motion by Wachter, seconded Smith, it was resolved that the Agenda
as presented, be approved. All voted yea.
MINUTES
Smith moved, Egan seconded the motion to approve the Minutes of the
previous regular Council meeting of January It, 1983. All voted in favor.
PUBLIC WORKS
Tom Colbert reported on the Public Works items.
1. Ken Hassler - Senior Citizen Deferment Request. Mr. Colbert
reported on the application of Mr. Ken Hassler of 3745 Blackhawk Road request-
ing a senior citizen deferment consideration for the trunk area storm sewer
assessments resulting from Project #297. It was noted that the average annual
payment of the special assessment would be $37.40 per year which does not
exceed the 1% of adjusted gross income verified by his 1981 tax statements.
Staff recommended that the application be denied based on the Ordinance re-
quirements and upon motion by Smith, seconded Egan, it was resolved that the
application be denied for the reason mentioned above. There was no appearance
by the applicant. All voted yea.
2. 1983 Dakota County Overlay Projects. Mr. Colbert reviewed with the
Council the three street overlay projects proposed by Dakota County during
1983 in the City, including Yankee Doodle Road from I-35E to Trunk Highway
#149, Pilot Knob Road from I-35E to Cliff Road, and Diffley Road from I-35E to
Trunk Highway #3. No action was taken.
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CONSENT AGENDA
The following consent agenda items were recommended for approval:
1. MSA Street Construction Program. The Engineering Division prepared
a projected 5-year expenditure of MSAS funds with annual allotments of
$425,000.00 per year for the 5-year period. The City would not be held to an
anticipated time table for construction and the Council will retain some
flexibility in revising the list. It was recommended that the Council approve
the proposed 5-year MSA street construction program.
2. Project #317 - Blackhawk Road Feasibility Report. In November of
1982, MnDOT awarded a Contract for construction of the interchange of I-35E
with Cliff Road and also construction of the Blackhawk Road bridge over I-35E.
The Feasibility report for Project #317 consisting of streets and utilities,
south of County Road #30 on Blackhawk Road, has now been completed. It was
understood that the Engineering Department will attempt to move the right-of-
way of Blackhawk Road as far west as possible under Project #317 to minimize
the impact on the existing homes. It was recommended that the report be
accepted and that a public hearing be scheduled for March 1, 1983 at 7:00 p.m.
at the City Hall.
3. Project #354 - Trunk Storm Sewer - Blackhawk Road. It was recom-
mended that the Feasibility Report that has now been prepared for Project #354
consisting of trunk storm sewer improvements on I-35E and Blackhawk Road be
accepted and approved by the Council and that a public hearing be scheduled
for March 1, 1983 at 7:00 p.m. at City Hall.
4. Project #355 - South Blackhawk Road, Surfacing. With the improve-
ments to Blackhawk Road on Projects #317 and #354 and the anticipated designa-
tion of Blackhawk Road as a detour for County Road #30 during construction of
County Road #30 interchange with I-35E during 1984, a Feasibility Report has
now been prepared and it was recommended that the Report be accepted covering
Project #355 and that a hearing on the report be scheduled at the Eagan City
Hall on March 1, 1983 to begin at 7:00 p.m.
5. Project #367 - South Rahn Road - Sidewalk. It was recommended that
a sidewalk be constructed along the north side of Cliff Road between Blackhawk
Road and Rahn Road as a part of the I-35E/Cliff Road interchange. A Feasi-
bility Report has now been prepared by the Consulting Engineer and it was
recommended that his report be accepted and approved and that the public
hearing on the report be scheduled before the City Council at City Hall on
February 15, 1983 commencing at 7:00 p.m.
6. Project #370 - Streets and Utilities - Dakota County Plat #1. The
Preliminary Report covering Project #370 regarding feasibility report for
Dakota County Plat #1, streets and utilities has now been completed and it was
recommended that the report be accepted and approved and the public hearing be
scheduled for February 15, 1983 at the Eagan City Hall to begin at 7:00 p.m.
Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved and ordered implemented by the City staff.
All voted in favor.
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January 18, 1983
COMSERV CORPORATION - PRIVATE WELL REQUEST
A request was submitted by Comserv Corporation for a private 200 GPM well
for lawn irrigation and pond maintenance purposes. The Council had considered
the issue at its last regular meeting and the staff has researched the loca-
tion of other priviate wells for business and/or irrigation purposes through-
out the City consisting of 12 other wells of a somewhat similar nature.
Although the old Ordinance and the current City Code prohibit private well
installation when city water is available, it was meant to be applied to a
potable water supply for human consumption purposes to insure the health and
safety of the citizens. Mr. Colbert outlined the advantages and disadvantages
of a private well and recommended the Council review private well requests on
an individual basis to either approve or deny their installation. Mr. Jerry
Feyen of Comserv was present and requested favorable consideration by the
Council. After reviewing the advantages and disadvantages, Egan moved, Smith
seconded the motion to approve the application noting the advantage in the
case of the Comserv Corporation, subject however, to staff supervision during
construction. All voted yes.
LENTSCH REALTORS - EUGENE HAEG - WAIVER OF PLAT
The application of Eugene Haeg and Lentsch Realtors to consider waiver of
plat in order to split off 0.37 acres from approximately a 4.2 acre parcel
located south of Hackmore Drive and west of Dodd Road was next heard. The
Advisory Planning Commission at its January 11, 1983 meeting recommended
approval of the waiver, subject to certain conditions, including eventual
platting of the property and the property being rezoned to R-1 status. Mr.
Lentsch was present and discussed the application. There were no objections
to the application. After discussion, Wachter moved, Thomas seconded the
motion to approve the application, subject to the following conditions:
1. Public utilities shall be provided to the new homesite which utili-
ties include city sewer and water.
2. No more than the one homesite shall be allowed until the rest of the
area is platted.
3. A park dedication fee for the newly created lot shall be paid as a
condition of this waiver.
4. The parcel be included in the plat of the property when the sur-
rounding land is platted.
5. That the property be rezoned in the near future to R-1 Single
Family.
All voted yes. R 83-1
SEE PLAT FILE
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January 18, 1983
ORGANIZATIONAL MEETING 1983
City Administrator Tom Hedges reviewed the need for the Council to
organize for 1983 which is ordinarily done at the second regular City Council
meeting in January of each year. The following organizational items were
acted upon.
1. Acting Mayor. Mayor Blomquist appointed Councilmember James Smith
as the Acting Mayor for 1983. All voted yea.
2. Legal Newspaper. The Council reviewed the bids from the Dakota
County Tribune and Current Newspapers-Eagan Chronicle and noted that the
overriding consideration is that the Chronicle circulates at every business
and residential location in the City. Smith moved, Egan seconded the motion
to designate the Chronicle as the Eagan Legal Newspaper for 1983. All voted
yes.
3. City Depositories. It was noted that several banks have now
expressed an interest in being designated as the General Depository for the
purpose of holding a checking account to pay bills throughout the year, and
the staff recommended that the Administrator and Finance Director prepare
specifications to consider solicitations of quotations for 1983, but in the
interim, that Minnesota Bank Eagan be designated temporarily as general de-
pository. In addition, thirteen depositories were recommended for approval
for purposes of investing the idle funds of the City. Wachter moved, Egan
seconded the motion to accept the recommendation of the City Administrator to
designate Minnesota Bank Eagan temporarily as the general depository and that
the staff prepare quotations to be submitted to the commercial banks in the
City and further, that the 13 banks and savings institutions be designated as
depositories for investing idle funds during 1983. All voted yea.
It. Posting Places. The City has used the Bulletin Board at the City
Hall and the Eagan Chronicle as official posting places with the Lone Oak Tree
designated as the posting place for historical purposes only. It was recom-
mended that the Council designate the same locations for 1983 and upon motion
by Egan, seconded Thomas, it was resolved that the recommendation be approved.
All voted yea.
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January 18, 1983
5. Advisory Planning Commission and Advisory Park and Recreation
Commission Appointments. The Council met with applicants to fill the expiring
positions on the Advisory Planning Commission and Advisory Park and Recreation
Commission on January 12, 1983 and the list of applicants was submitted to the
Council for consideration. Mr. Hedges explained the functions of both com-
mittees. Upon closed ballot by all Councilmembers, the following persons were
elected to the positions designated:
ADVISORY PLANNING COMMISSION ALTERNATE
Michael Wold - 3 year term. Garrett Mulrooney - 1 year.
Doris Wilkins - 3 year term.
David Bohne - 3 year term.
ADVISORY PARKS & RECREATION COMMISSION
Carolyn Thurston - 3 year term.
Douglas McNeeley - 3 year term.
George Kubik - 3 year term.
JoAnne Alt - 3 year term.
Mayor Blomquist thanked all of the members of the Advisory Planning
Commission and the Advisory Park and Recreation Commission for their contribu-
tions to the City and to each of the Commissions during 1983 and also com-
mended all other applicants for a willingness to apply and serve on those
commissions.
6. Health Officer. Upon motion by Egan, seconded Wachter, it was
resolved that the Cedarvale Medical Clinic be designated as the Health
Officers for 1983 for the City. All voted yea.
7. City Council Meetings. Upon motion by Thomas, seconded Smith, it
was resolved that the first and third Tuesday evenings of each month at 6:30
p.m. be designated as the official City Council meeting times. All voted in
favor.
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January 18, 1983
8. Committee Appointments. Mayor Blomquist appointed the following
persons to serve on the Committees designated:
Personnel Committee - Councilman Thomas Chairman, Councilman Wachter
Member.
Finance Committee - Councilman Smith Chairman, Mayor Blomquist
Member.
Community Development Public Relations Committee - Councilman Smith
Chairman, Councilman Wachter Member.
Public Works Committee - Councilman Egan Chairman, Councilman Thomas
Member.
Liaison to Parks and Recreation Commission - Councilman Thomas.
Liaison to Advisory Planning Commission - Councilman Egan.
9. Fiscal Consultant. Councilman Smith moved, Egan seconded the
motion, with all members voting in favor, to designate Miller and Schroeder
Municipals, Inc. as the Fiscal Consultant for 1983 for the City of Eagan upon
the same terms as were set up in 1982. All voted yes.
10. Legal Consultant. City Administrator Tom Hedges reviewed the role
of the General Legal Consultant and Prosecuting Attorney for the City. Upon
motion by Egan, seconded Wachter, it was resolved that the firm of Hauge,
Smith, Eide & Keller, P.A. be appointed as the City Attorney to do general
legal, legal work for improvement projects, and prosecution services for the
City for the calendar year 1983. All voted in favor.
TRAPPING ORDINANCE
At the April 15, 1980 City Council meeting, a Petition was submitted to
the City Council for the purpose of considering a Trapping Ordinance. The
staff was asked to review the Ordinance proposal and prepare a draft Ordinance
which was considered on May 20, 1980 at which time a motion on a 3 to 2 vote
was adopted that the City Council be on record providing no change in the
Trapping Ordinance provision, but that the provisions to Ordinance #49 re-
garding trapping in City Parks be enforced by the staff and the DNR be
directed to enforce any violations. City Administrator Tom Hedges reviewed
the background of the Ordinance and noted that a request had been received in
December 1982, that the City Council again consider a Trapping Ordinance. A
report was prepared by Administrative Intern Mike Johnson, including a
synopsis of trapping ordinances in the metropolitan area and the report was
reviewed in detail with the Council. Blomquist moved, Egan seconded the
motion to consider the adoption of a proposed Trapping Ordinance by the
Council. Blomquist, Egan and Thomas voted yes. Smith and Wachter voted no.
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January 18, 1983
Kate Levine spoke in favor of the Ordinance and cited the urbanization of
Eagan, further expected growth, the fact that about 30 cities have similar
ordinances in effect in the state, the hazard to small animals and also the
potential danger for children. It was noted also that three Veterinarians in
the City favor such an Ordinance. Ed Baggess of DNR appeared and supported
trapping as a tool of wild-life management but did not oppose it if for public
safety purposes. He stated the DNR has regulations on a state-wide basis,
that it does enforce the regulation through the State, including in Eagan,
that there are strict seasons for trapping and the DNR will assist in the
preparation of an Ordinance, if for public safety purposes. The DNR regula-
tions provide that there will be no trapping on another person's property
without the owner's permission. A number of other persons also spoke in favor
and against the proposal, including Phil Popehn, who opposed trapping in the
City and outlined his reasons for his opposition.
Councilman Egan indicated that the options of the City would be to con-
trol trapping in the City, to ban trapping entirely, or to continue to
authorize DNR solely to control the trapping within the City of Eagan. It was
noted an education campaign would be helpful and that the City could enforce
the DNR regulations. There was also discussion about trapping by children
under 13 years of age who are not required to have a license. After lengthy
discussion, Blomquist moved, Egan seconded the motion to continue the con-
sideration of the proposed Ordinance until February 15, 1983 regular meeting
and direct the staff to submit drafts of proposed ordinances for consideration
by the Council at that time. All voted in favor.
CAROLYN TASTAD - BEAUTY SHOP - CONDITIONAL USE PERMIT
An application from Carolyn Tastad of 1787 Gold Court for conditional use
permit to allow beauty shop in R-1 District was submitted. Ms. Tastad was
present and the Advisory Planning Commission recommended approval subject to
certain conditions. Wachter moved, Thomas seconded the motion to approve the
application, subject to the following conditions:
1. Hours of operation shall be from 8:00 a.m. to 8:30 P.M. only.
2. The only employee shall be an occupant of the household.
3. The parking shall be on-site and shall be limited to two customer
automobiles.
4. There shall be no commercial signs advertising the business except
for the type of sign that is allowed in an R-1 District.
5. There shall be no over-the-counter sale of merchandise.
6. The applicant shall meet all other applicable ordinances.
7. The applicant shall fulfill all State licensing requirements.
All voted yes.
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January 18, 1983
OVERHILL PROPERTIES - WAIVER OF PLAT
The application of Overhill Properties, Inc. for waiver of plat to divide
twin home lots into individual ownership was submitted. Mr. Dehler was
present and the Advisory Planning Commission, at its meeting on January 11,
1983 recommended approval, subject to certain conditions. After discussion,
Egan moved, Smith seconded the motion to approve the application subject to
the recommendation of the Planning Commission, including compliance with all
applicable ordinances. All voted yes. R 83-2
SEE PLAT FILE
MANAGEMENT APPLICATIONS - CONDITIONAL USE PERMIT
The application of Management Applications and Innovations, Inc. for
conditional use permit to allow more than three amusement devices at the
former A & W Restaurant at 3998 Sibley Memorial Highway was submitted to the
Council. Tom Truax and Dave Maddis were present. The Advisory Planning
Commission recommended approval subject to all conditions provided in the
Amusement Device Ordinance. Smith moved, Thomas seconded the motion to ap-
prove the application, subject to the same conditions. All voted yes.
BETTY BASSETT - EAGAN HILLS WEST PLANNED DEVELOPMENT AMENDMENT
The request of Betty Bassett of the Eagle's Nest Home for amendment to
the Eagan Hills West Planned Development to allow a change in the proposed use
and allow R-2 as underlying zoning was submitted to the Council. The staff
recommended the Council continue consideration of the amendment until the
February 1, 1983 meeting and upon motion by Wachter, seconded Egan, it was
resolved that the application be continued until the February 1, 1983 meeting.
All voted in favor.
OFF-SALE LIQUOR LICENSE POLICY CHANGE
AND
MGM OFF-SALE LIQUOR LICENSE
The request to consider a change in the liquor license policy to allow an
additional off-sale liquor license in the Cedarvale area and also the applica-
tion of MGM Liquors for off-sale liquor license were, upon motion by Wachter,
seconded Egan, continued until the February 1, 1983 meeting. All voted in
favor.
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January 18, 1983
PEACE REFORMED CHURCH - NICOLS ROAD SERVICE DRIVE
A petition has been received from representatives of Peace Reformed
Church on Nicols Road requesting that the section of Nicols Road service road
south of Marble Lane be eliminated and their entrance drive to the parking lot
facilities provide a direct connection to Nicols Road. They requested the
cost of the work be comparable to the cost associated with Project #342.
Several neighboring affected property owners were present and objected to
elimination of the service road in the area of Peace Reformed Church and noted
that about 11 of the 13 property owners objected to eliminating the service
road. Councilmembers indicated it would not be logical to include the pro-
posal within the current Project #342 and further, that the church representa-
tives did not agree to paying the cost of the Feasibility Report. Noting the
objections mentioned above, Smith moved, Thomas seconded the motion that the
Council not proceed with the preparation of the Feasibility report but the
staff contact church representatives concerning the cost of a preliminary
report to cover the elimination of the service drive immediately adjacent to
the church property. All voted yes.
JOINT ZONING BOARD UPDATE
Dale Runkle and Councilman Thomas Egan, the representatives from the City
of Eagan to the Wold Chamberlain Airport Joint Zoning Board, reviewed the
recent meetings of the Board. A discussion has been held concerning alter-
nates for the safety zones and also the Council reviewed the accidents that
have taken place in the Wold Chamberlain Airport environs.
CONTRACT #82-9 - PLANS AND SPECIFICATIONS
The plans and specifications for Contract #82-9 consisting of Tomark 2nd
Addition, street and utility improvements, was submitted to the Council for
approval. Upon motion by Smith, seconded Egan, it was resolved that the plans
and specifications for Contract #82-9 be approved and that the Clerk be
authorized to advertise for bids to be opened at 10:30 a.m. Thursday, February
17, 1983 at the City Hall. All voted yes.
CONTRACT #82-11 - HILLTOP PLAZA - FINAL PAYMENT
The request for final payment for Contract #82-11 consisting of improve-
ments in the Hilltop Plaza Development has been submitted to the City and it
was recommended that payment be made. Wachter moved, Egan seconded the motion
to approve the second and final payment of $1,603.26 to Encon Utilities for
Contract #82-11 and to accept the project for perpetual maintenance. All
voted in favor.
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January 18, 1983
1983 WATER, SANITARY SEWER, STORM SEWER AND STREET
USER FEE RATE SCHEDULE
The firm of Bonestroo, Rosene, Anderlik & Associates has now submitted
its proposed 1983 annual sewer, water, storm sewer and road user charge rate
schedules for approval by the City Council and Mr. Colbert reviewed the
schedule with the Council. It was recommended also that a comprehensive
analysis of rate charges take place for further review by the Council. Thomas
moved, Wachter seconded the motion to approve the 1983 rate schedule as pre-
sented. All voted in favor. D 83-1
LICENSE AND PERMIT FEE SCHEDULE
Thomas Hedges reviewed with the Council a schedule of licenses and permit
fees covering miscellaneous fees charged by the City, including those incor-
porated into the recent City Ordinance Codification. Several schedules were
discussed specifically, including the following:
1. Fraternal Club Liquor License Fees - $1,500.00 per year.
2. Liquor Application Investigation Fee - $50.00 per person, over 5% in
interest.
3. Sunday Wine License - $100.00 per year.
4. Consumption and Display, One Day License - $5.00 per year.
After discussion, Egan moved, Wachter seconded the motion to approve the
current fee schedule with the foregoing changes, and further, that the staff
would present a list of recommendations covering other license and permit fees
at a later time for Council review and approval, with the understanding that
the current fee schedule will also include final plat fee schedule at $100.00
per application, plus $3.00 per dwelling unit. All voted in favor.
1983 NON-UNION EMPLOYEES WAGES AND BENEFITS
The City Administrator indicated that a special council meeting on
Wednesday, January 12, 1983, wage and benefit increases for 1983 were dis-
cussed for all non-union management employees. Wage increases were proposed
and an increase of 5.5% in most cases with certain merit increases. Also
medical insurance benefits were increased to a monthly city contribution of
$150.00 per family coverage. Upon motion by Smith, seconded Thomas, it was
resolved that the salary schedule for non-union management wages and benefits
be and hereby are approved for 1983. All voted in favor.
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January 18, 1983
POLICE ASSOCIATION - WAGE CONTRACT
Mr. Hedges indicated that the Police Association has now agreed to
$150.00 per month health benefits for police employees and upon motion by
Wachter, seconded Egan, it was resolved that the wage and benefit contract
with the Police Association covering police department personnel as presented
to the Council, be and it hereby is approved for a one year period. All
members voted yes. SEE CONTRACT FILE
CHECKLIST
Thomas moved, Egan seconded the motion to approve the following checklists
dated: December 31, 1982 & January 18, 1983.
All voted in favor.
ADJOURNMENT
Upon motion by Blomquist, seconded Thomas, it was resolved that the
meeting adjourn at 11:15 p.m.
PHH
City (Tlerk
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