02/15/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 15, 1983
A regular meeting of the Eagan City Council was held on Tuesday, February
15, 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, Public Works Director Colbert, City Engineer Rosene and
City Attorney Hauge.
AGENDA
Egan moved, Thomas seconded the motion to approve the Agenda as pre-
sented. All voted in favor.
MINUTES
Egan moved, Thomas seconded the motion to approve the Minutes of the
February 1, 1983 meeting, with the following revisions: On page 3, Councilman
Wachter recalled that the City Council policy was adopted several years ago to
support concrete curb and gutter for street reconstruction projects; other
members stated that they were not aware of such a policy; on page 5, regarding
the Robin Lane project, that Councilman Wachter seconded the motion; further,
on page 1 regarding the Fire Department, the word "ratification" should be
inserted rather than "revocation". All then voted in favor as amended.
FIRE DEPARTMENT
Fire Chief Childers was present and discussed the need for recruiting
additional volunteer firefighters for the VFD. He stated only day-time per-
sonnel are needed at this time, but the need is for prime-time fire personnel
assistance. Wachter moved, Thomas seconded the motion to allow additional
firefighters to increase in number to a total of 79. Thomas stated that with
the firefighters retiring, the need is evident. Mayor Blomquist asked to
research budgetary impact and manpower distribution by shift and station. The
motion was then amended by Wachter and seconded by Thomas, to require addi-
tional manpower information and report back at the March 1, 1983 Council
meeting for further consideration of the manpower request. All voted yea.
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February 15, 1983
RETARDED CITIZENS ASSOCIATION
Smith moved, Thomas seconded the motion to appropriate $1,000.00 to the
Association for Retarded Citizens as budgeted for 1983. All voted in favor.
WATER TREATMENT PLANT - CONTRACT #83-1
Bob Rosene of the firm of Bonestroo, Rosene, Anderlik & Associates intro-
duced Tom Noyes of BRA and David Shea, Architect, who described the proposed
water treatment plant. A status report and site plan layout were presented
and reviewed by the City Council. A schedule for the design and construction
was also reviewed and upon motion by Egan, seconded by Thomas, it was resolved
to approve the design concept for Project #338 consisting of the 12 M.G. water
treatment filtration plant. All voted yes.
PROJECT #367 - SOUTH RAHN ROAD SIDEWALK
Mayor Bea Blomquist convened the public hearing regarding Project #367
consisting of sidewalks on the South portion of Rahn Road, north of Cliff
Road, in conjunction with the Federal Highway Administration requirements.
Mr. Colbert and Mr. Rosene reviewed the project in detail and the staff
recommended Alternate A. There were questions from the Councilmembers and
there being no objections, Wachter moved, Egan seconded the motion to close
the hearing, to approve and order in the project and authorize the preparation
of plans and specifications for Project #367 Alternate A. All voted yes.
PROJECT #370 - DAKOTA PLAT #1 - STREETS & UTILITIES
The next public hearing that was convened by the Mayor consisted of the
streets and utilities for Project #370. Mr. Rosene explained the project in
detail and it was noted that Dakota County representatives were not present
during the hearing but had contacted the staff and indicated that the County
favored the approval of the project. All necessary easements have been
acquired at no cost to the City. Egan then moved, Smith seconded the motion
to close the hearing, order in the project and authorize the preparation of
plans and specifications. All voted yes.
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February 15, 1983
TRAPPING ORDINANCE
The next issue presented to the Council was that of a proposed Trapping
Ordinance which consideration had taken place at the January 18, 1983 City
Council meeting. A large number of interested persons were present and Mr.
Hedges introduced the subject and reviewed the history of the proposal to
date. Four sample ordinances were prepared by City Intern Michael Johnson and
the DNR regulations were also reviewed. Councilman Wachter suggested the DNR
Game Wardens be used for policing trapping in the City and two DNR representa-
tives were present and stated that according to DNR policy, they could not
offer assistance if an Ordinance is proposed, other than the regulations
prescribed by the DNR. The DNR, however, would not object to prohibition of
platted areas and will enforce state laws but won't lend assistance for
nuisance control. They would not enforce the provision of any of the four
proposals, including those where additional permits are required for the City.
One resident stated that there is an excess of animals including racoons and
it is of benefit to have an Ordinance allowing some trapping. Kate Levine
favored a prohibition to avoid some of the problems that had arisen to
children, other animals, pets, etc. Councilman Egan stated that the real
issue is the balance between trapper's rights versus resident's rights, and
humanitarian issues as opposed to the control mechanism. He stated that he
favored Alternate B because it offers a balancing of rights between trappers
and persons favoring the banning of trapping. It was noted there were 14 DNR
enforcement officers in the Metropolitan area and two in Dakota County and
some stated they felt that was insufficient for protection of the entire area.
Mayor Blomquist also favored Alternate B prohibiting trapping and use of steel
leg-hold traps except by special permit. Councilman Smith moved to implement
Alternate D with certain revisions which would not require a permit, and in
effect would ban trapping in platted areas of less than 5 acres except by an
owner. It would also prohibit trapping in City, County and State Park areas,
organized recreational school areas, and the DNR regulation would continue to
be enforced. It was noted that any peace officer can enforce state laws,
according to the DNR officials present. Wachter seconded the motion.
Councilman Smith indicated that the motion was a conceptual motion only and
further moved that a draft of the proposed ordinance be submitted to the City
Council at the next regular meeting with the request that the staff consider
some enforcement whereby children under 13 would be responsible to their
parents for any trapping. All voted in favor.
CEDAR ELEMENTARY SCHOOL - DRIVING SCHOOL REQUEST
A request of Mr. Lee Dvorak and Mr. Nick Dvorak for a driving school
request in the Cedar Elementary School was upon motion by Smith, seconded
Thomas, continued until the next regular meeting upon request of the appli-
cants. All voted in favor.
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February 15, 1983
FISH LAKE ADDITION - PRELIMINARY PLAT
The application of Reliance Builders and Dan Rognrud for preliminary plat
approval of Fish Lake Addition existing of approximately 1.2 acres, was next
considered by the Council. The Advisory Planning Commission recommended
denial of the application at its January 25, 1983 meeting for reasons that
were included in the Planning Commission minutes. Administrator Hedges re-
viewed the history in detail and noted that the Advisory Planning Commission
requested the Council to determine whether the property is intended to be used
for park purposes. The packet distributed to the City Council included 68
pages of material, including staff reports, letters, minutes and miscellaneous
documents covering the history of the Pilot Knob Planned Development. City
Planner Runkle reviewed certain of the exhibits regarding Pilot Knob Heights
Planned Development in Pilot Knob Heights 4th Addition. City Attorney, Paul
Hauge was asked to review his letter to the City Administrator, dated December
29, 1982 and a further letter dated February 10, 1983. In addition the City
Attorney reviewed letters from Bruce Malkerson, attorney for the neighboring
property owners dated January 20, 1983 and also a letter dated February 11,
1983. The February 11, 1983 letter was discussed in detail and questions were
asked by Council members. Mr. Colbert stated that there is utility capacity
for the proposed 9 townhouse units. There were also questions about the total
number of acres for park and whether there is sufficient dedicated park land
according to the Planned Development Agreement, noting that early Minutes
indicated 4 to 5 acres were required for park purposes. Questions were asked
whether the wording of the Agreement or the Exhibits would control, where
there appears to be a discrepancy and it was noted that ordinarily the wording
in the Agreement would control. The Comprehensive Guide indicates R-I land
use. The developers of the PUD have appeared many times before the Council
and there is no indication that they stated at annual reviews that Outlot B in
the 4th Addition, was intended for townhouse purposes. It was noted that in
1981 the zoning map was revised to include additional park land parcels,
including Outlot B.
Attorney Stuart Gale was present on behalf of Reliance Builders and
supported the application, noting that in his view, a mistake had occurred in
the Planned Development Agreement. He stated that at one stage of the
history, there was a provision for 16 townhouses, that mowing grass by the
Park Department does not automatically give the City or the residents rights
to the property, and also that the taxes and assessments have been paid
through the years.
Bruce Malkerson, attorney, spoke for a number of neighboring property
owners and stated that it was his opinion that a promise had been made by the
developer to dedicate the parcel; that the purchaser, Mr. Steamer should have
checked the Planned Development Agreement and he requested the Council act on
the designation of Outlot B for park purposes. Smith moved, Wachter seconded
the motion that the staff again review the issues that have been presented and
submit them at the first meeting of the City Council in March and that the
Council will again review the issues and make its decision by its March 15,
1983 meeting. Issues would include all the applicable minutes of the City
Council and the Planning Commission, the report of 1974, and how the property
was designated for R-3 purposes. All voted in favor.
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SHEFFIELD ADDITION - FINAL PLAT
The application for final plat approval of Sheffield Addition by Ches Mar
Development, Inc. was again presented after having been reviewed at the Feb-
ruary 1, 1983 regular meeting. A number of property owners in Lakewood Hills
Addition to the south were present and Mr. Colbert reported regarding the
agreement that Dave Gabbert of Ches Mar Development had reached, indicating
that Ches Mar Development will deed approximately 13 to 17 feet that are in
dispute to the owners in Lakewood Hills Addition. He requested the Council
approve the application so that sales can be closed on certain lots. After
extended discussion, Egan moved, Wachter seconded the motion to approve the
application for final plat approval, subject to compliance with all City
ordinances, with the understanding that the development agreement will be
amended and that the final plat will be held up until the developers execute
the amendment to the staff's satisfaction, noting that the developer is to be
given six months to complete the conveyance of the property without title
obstruction to the neighboring property owners in Lakewood Hills Additio
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All voted in favor.
OAK CHASE 5TH ADDITION - PRELIMINARY PLAT
Next was the application of Houston Construction, Inc. for preliminary
plat approval of Oak Chase 5th Addition, consisting of approximately 12.58
acres. The Advisory Planning Commission recommended approval, subject to
certain conditions. Mr. Houston was present and noted that the owner, James
Frisbee, objected to the proposed storm sewer assessments. There also was
extended discussion concerning the street access to the east and the name of
the north-south street in the proposed subdivision. Smith moved, Egan
seconded the motion to approve the application with the understanding that
further review of the street name will take place so that the street names are
consistent, subject to the following:
1. The preliminary plat shall be reviewed by the Dakota County Plat
Commission because the plat abuts County rights-of-way.
2. Detailed grading, drainage and erosion control plans shall be re-
quired prior to the submission of the final plat.
3. All buildings shall conform with Section 11.20 of the City Code.
it. All other applicable ordinances shall be met.
5. A 75 foot half right-of-way for Cliff Road (CSAH 32) shall be
dedicated as a part of the plat.
6. A ten foot utility, telephone and electrical easement shall be
included along all publicly dedicated rights-of-way, with a five foot utility
easement along exterior lot lines and a ten foot utility and drainage easement
centered over all interior lot lines.
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7. This development shall accept its trunk area storm sewer and trunk
area water assessments as determined from the assessment rates in effect at
the time of final plat approval, unless verified to the contrary to the City's
satisfaction.
8. If installed privately, the plans and specifications for the con-
struction of water and sewer services for this development shall be approved
by the Engineering Department.
9. All costs for installation of water and sewer services shall be the
sole responsibility of this development.
10. A 30 foot setback shall be required on the north lot line and east
lot line of Lot 8 in order to protect the alignment of the future street.
All voted yes.
DAKOTA COUNTY PLAT #1 - FINAL PLAT
The application by Dakota County for the final plat approval of Dakota
County Plat #1 was presented to the Council. Jeff Connell, County Planner,
was present and requested approval. There was discussion, however, concerning
the development agreement and the issue regarding fees to be charged to the
County. The staff had consulted with County staff persons and it was recom-
mended that the road unit charge in the sum of $17,125.00, the Metro Waste
Control Commission SAC charge, the charge to the State of Minnesota for sur-
charge, and 80% of the electrical installation should be paid by the County,
with the Eagan portion of the SAC charge, the building permit fee and the plan
review fee being eliminated. Smith moved, Thomas seconded the motion to
approve the final plat, subject to Ordinance compliance and the recommenda-
tions concerning fees and charges of the staff with an addendum to be included
with the development agreement, covering the proposed fee charges. All voted
yes. R 83-5
CABLE T.V. COMMISSION UPDATE
Mr. Hedges again delivered a brief update concerning the Cable Commission
and noted, however, that the next meeting has now been rescheduled for March
3, 1983.
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ELECTRICAL PERMIT FEE SCHEDULE
Chief Building Inspector Peterson has recommended that the consulting
electrical inspector's request for increase in the fee schedule be considered
by the City Council. The last increase was in June of 1981 and the Council
discussed the fee schedule presented in the packet. Egan moved, Wachter
seconded the motion to continue the consideration until the next regular
meeting to allow further staff review of the reasons for the increases. All
voted in favor.
CONTRACT #82-2 - FINAL PAYMENT - BRIAR HILL 4TH
STREETS AND UTILITIES
It was recommended that the 8th and final payment request for Contract
#82-2 consisting of Briar Hill 4th Addition, streets and utilities, in the sum
of $14,942.87 be paid to Richard Knutson, Inc. and that the City accept the
project for perpetual maintenance. Wachter moved, Smith seconded the motion
to implement the recommendation mentioned above. All voted yes.
CITY HALL PLANS
Jack Boarman was present and reviewed with the City Council the final
design documents as recommended by the City staff. Many questions were asked
by City Council members and Mr. Boarman went into detail regarding the final
design documents. A special meeting was scheduled for February 22, 1983 at
the City Hall at 7:00 P.M. to authorize the final approval of plans and
specifications. In addition, Mr. Boarman submitted a proposed revision to the
architectural contract in the sum of an additional $4,044.00 to redesign and
rework the drawings to reorient the construction to eliminate an addition to
the west of the building. Upon motion by Thomas, seconded Egan, it was
resolved that the Change Order in the sum of $4,0414.00 be approved. Blom-
quist, Egan and Thomas voted yes; Wachter and Smith voted no. Councilman
Wachter stated that he opposed the request because of inadequate information.
Smith moved, Egan seconded the motion to approve the final design documents as
recommended by the City staff and architect, subject however, to staff review
and if the estimate as submitted to the City Council and approved by the
Council, exceeds the budget estimates, that the City Council then will meet on
February 22, 1983 at 7:00 p.m. for final review. All voted yes.
CONSENT AGENDA
The following consent agenda items were presented and recommended by the
City staff for approval:
1. Temporary Liquor License - St. John Neumann Church. The application
of St. John Neumann Church for temporary non-intoxicating malt liquor license
for March 23, 1983 at the church was recommended for approval.
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2. MnDOT Plans - Trunk Highway #55 - Turning Lanes. The plans prepared
by the Minnesota Department of Transportation covering turning lanes on Trunk
Highway #55, east of Trunk Highway #49, were submitted under Project S.P.
1909-57 (55=116) for city review and approval. It was recommended that the
preliminary plans be approved and that the Mayor and City Clerk execute a
Resolution confirming the Council's approval of the plans. R 83-6
3. Resolution for Police Recruitment System. A Resolution was
submitted to authorize participation in the Minnesota Police Recruitment
System and represents initiation of a joint cooperative agreement with Minne-
sota Police Recruitment System. Staff recommended approval of a Resolution
amending the Joint Powers Agreement authorizing the City's continued partici-
pation in the Suburban Police Recruitment System. R 83-7
Upon motion by Egan, seconded Wachter, it was resolved the foregoing
Consent Agenda items be approved and ordered implemented. All voted in favor.
PUBLIC WORKS - PROJECT #371 - WATER TREATMENT PLANT
STREETS AND UTILITIES
It was recommended by the Public Works Director and the Consulting
Engineer that Coachman Road be upgraded south of Yankee Doodle Road to the
south boundaries of the water treatment plant to a 9 ton roadway design with
concrete curb and gutter and bituminous surfacing. Further, that the Council
authorize the preparation of a Feasibility Report to discuss the costs asso-
ciated with the sanitary sewer, storm sewer, water mains and street construc-
tion as defined on properties to be benefitted by the installation of these
improvements, in addition to the water treatment facility. Egan moved, Thomas
seconded the motion to authorize the preparation of a Feasibility Report
covering Project #371 for the water treatment plant, streets and utilities.
All voted yes.
PILOT KNOB ROAD - DIFFLEY ROAD - INTERSECTION IMPROVEMENTS
A request was received from Ed Dunn asking that the City Council request
that Dakota County formally consider the upgrading of the intersection of
Pilot Knob Road and Diffley Road and to schedule its completion in the next
three to four years. Councilmembers discussed priorities for County Road
improvements in the City using City funds and suggested that the County be
requested to submit estimated time frames for County planning of major County
road improvements in the City. No action was taken.
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BRAD SWENSON - RESIGNATION
Mr. Colbert stated that Brad Swenson had resigned from the Public Works
Department and requested authorization to advertise for a replacement. Egan
moved, Wachter seconded the motion, all voted in favor, to implement the
recommendation for the advertising for replacement of Brad Swenson.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the following Check-
list dated: January 31 & February 15, 1983.
All voted yes.
ADJOURNMENT
Wachter moved, Thomas seconded the motion to adjourn at 12:20 p.m. All
voted in favor.
PHH
City rk
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