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01/18/1983 - City Council Regular 00009 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. 1 Oti OiO Council Minutes January 18, 1983 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. 2 00011 Council Minutes 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 3 00012 Council Minutes 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. It OCU3 Council Minutes 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. 5 00014 Council Minutes 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. 6 Council Minutes 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. 7 Council Minutes 0 011 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. 8 Council Minutes 00017 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. 9 Council Minutes 006!18 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. 10 O+ y 'V i9 Council Minutes 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 11