03/15/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 15, 1983
A regular meeting of the Eagan City Council was held on Tuesday, March
15, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City
Council members 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 Egan, it was resolved that the Agenda,
as prepared, be approved. All voted in favor.
MINUTES
Egan moved, Wachter seconded the motion to approve the minutes of the
March 1, 1983 meeting. All voted yes.
FIRE DEPARTMENT
City Administrator Tom Hedges reported that the Fire Department represen-
tatives requested a special meeting with the City Council to discuss the
increase in the number of firefighters from 68 to approximately 79. Informa-
tion was distributed in the packet concerning the request for additional
firefighters and a workshop was scheduled for that purpose for March 24, 1983.
POLICE DEPARTMENT
Mr. Hedges then reported that Police Chief Martin DesLauriers has sub-
mitted his resignation as the Police Chief for the City of Eagan having been
with the Police Department as the Town Constable, Policeman-and Police Chief
for approximately 31 years. He noted that Mr. DesLauriers is planning for
some other objectives and that the City Administrator has outlined some steps
regarding a replacement. Thomas moved, Smith seconded the motion to accept
the resignation, with reluctance, effective April 30, 1983 and that the
Administrator be directed to prepare guidelines for securing a replacement for
the Chief. All voted yes.
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PUBLIC WORKS DEPARTMENT
Public Works Director Tom Colbert reported.
1. 1983 Capital Outlay Allocation Adjustment for Street Patching Equip-
ment. Mr. Colbert reported that when the 1983 Budget was being prepared, an
authorization was approved for a "hot mix asphalt tail gate paver" to be
attached to an existing dump truck but the estimate of $1,800.00 has turned
out to be well below the expected cost of about $9,100.00. Several alternates
were discussed and Smith moved, Egan seconded the motion to continue con-
sideration of the issue until the staff acquires additional information and
submits it to the Council concerning anticipated costs, including savings, in
the event that the equipment is purchased by the City. All voted yes.
2. Building Occupancy Permit. A request has been received from Gerald
Tank of Sperry Corporation requesting that the Council approve a temporary
occupancy permit prior to final plat approval, noting that Sperry will pursue,
as quickly as possible, completion and approval of the final plat. Smith
moved, Wachter seconded the motion to approve the temporary occupancy permit,
for a period of 90 days, subject to compliance with all other ordinance
requirements. All voted yea.
CONSENT AGENDA
The following consent agenda items were submitted for consideration by
the Council.
1. St. John Neumann Temporary 3.2 Beer License. An application from
Robert Brezinski for temporary non-intoxicating 3.2 beer license for St. John
Neumann Church for March 19, 1983 for a dance event was recommended for
approval.
2. Cable T.V. Public Hearing. It was recommended that through the
Joint Burnsville/Eagan Cable Television Commission which met on March 3, 1983,
that hearings be scheduled for the City of Burnsville on April 4, 1983 and
further, recommended that the City Council schedule a hearing for the City of
Eagan for April 5, 1983 at 7:00 p.m. at the City Hall to consider the Joint
Burnsville/Eagan Cable Television Bid proposal.
3. Contract 482-14, Change Order #1. It was recommended that Change
Order #1 to Contract #82-14 consisting of the Safari 4.0 M.G. Water Reservoir
(Project #366-II) for a deduct of $8,440.00 regarding cathodic protection to
be provided with the reservoir, be approved.
Upon motion by Wachter, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved, and they be implemented by the staff. All
voted in favor.
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RIVERGATE TOWNHOUSE STORAGE SHED - BUILDING PERMIT
A request from the owners of Rivergate Townhouse Project for a building
permit for construction of a 214 foot x 24 foot storage building, adjacent to
Letendre Street was presented to the Council. There were concerns by Council
members that the exterior fit into the other buildings in the immediate area
including the exterior design and appearance. Upon motion by Wachter,
seconded Smith, it was resolved that the.application be approved, subject
however, to determination by the staff that the building will be compatible
with the other surrounding buildings. All voted yes.
MENDOTA INTERCHANGE PROJECT
A resolution from the City of Mendota Heights requesting Mendota Inter-
change Project be included in House File #60 was discussed by the Council.
After discussion, upon motion by Egan, seconded Smith, it was resolved that
the Council approve a Resolution requesting Mendota Interchange Project be
included in Minnesota House File #60 in the 1983 Legislative Session. All
voted yes. R 83-10
HOUSING PLAN MODIFICATION HEARING
Mayor Blomquist convened a public hearing concerning modifications to the
housing plan, utilizing Dakota County HRA for a senior citizen first-time home
buyer program. The program would authorize mortgage money available in Eagan
and West St. Paul with a senior citizen unit in West St. Paul and single
family housing mortgage revenue bond financing in Eagan and West St. Paul.
Mr. Hedges reviewed the background of the project and Carol Schultz, the
Executive Director of the Dakota County HRA was present as was Dan Nelson,
attorney with Holmes and Graven. It was noted the Wilder Foundation may be
interested in being the developer for the senior citizen unit. There were no
objections and upon motion by Egan, seconded Thomas, it was resolved that the
Council approve the modifications to the Housing Plan as presented by the
Dakota County HRA. All voted yes.
FISH LAKE ADDITION - PRELIMINARY PLAT
The application of Reliance Builders and Dan Rognrud for preliminary plat
approval of Fish Lake Addition was again presented to the Council. At the
February 15, 1983 meeting, there was considerable testimony following earlier
recommendation of the Advisory Planning Commission that the application be
denied for reasons included in the minutes of the Planning Commission. Tom
Hedges again reviewed the history and stated that there is a great deal of
written material, including background regarding Pilot Knob Heights Planned
Development and current information submitted by interested neighboring
property owners, the proposed developer, and by City staff. Mayor Blomquist
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stated the property had been rezoned in 1981 to Public Facilities, that notice
had been published in the newspaper concerning the rezoning to Public
Facilities for park purposes, that the property is now being examined by Park
Consultant, Tim Irrkela for possible development for park purposes, the fact
that there is strong neighborhood interest in the need for a park in the
location, that the location appears to be appropriate for park purposes being
on Fish Lake, and in an area where there is very little land designated for
open park space, that the City has considered the property for park use in
recent years, having maintained the property, and the neighbors considered it
to be used for park use and favored the continuing designation for park land.
Councilman Smith stated that certain assessments have not been levied against
the parcel that ordinarily would be levied had it intended to be used for
residential development purposes; that Dan Rognrud, the current proposed
developer, was involved in the PUD process of Pilot Knob Heights Addition in
1975 and should have been aware of the fact that the parcel was intended and
could be used as park land; further, that there appears to be no showing that
the land was intended for development through recent years, including the
annual renewals of the planned development and that the City and property
owners relied upon the use of the land for open space purposes. Mr. Norman
Steimer was present and stated that he purchased the property in 1978 for
development of townhouses, that he talked with members of the City staff, he
had plans developed and worked with the Contractor and acquired a bid for the
project at that time. He noted that the cost was too high and abandoned the
project at that time. Mr. Steimer stated that he was not aware of any change
in the zoning to Public Facilities and he also was not aware that it was
necessary to be involved in the annual review of the planned development.
Mr. Rognrud was not present, however, legal counsel for Mr. Rognrud was
present in the audience later in the meeting. A number of interested
neighboring property owners were present at the meeting. After extended
discussion, Egan moved, Thomas seconded the motion to deny the application for
preliminary plat approval and further, to direct the staff to proceed to take
all steps necessary to designate the property for park purposes, according to
the intentions of the City and the history that has been presented to the
Council and further, according to a Resolution to be prepared by the staff and
presented and approved by the City Council at the next regular meeting,
outlining the background and steps involved in the acquisition of the land for
park purposes. All voted in favor.
YANKEE SQUARE INN - FINAL IR FINANCING
The application of Yankee Square Inn Partnership for industrial revenue
financing in the amount of $3,325,000.00 for the construction of a motel in
the Yankee Square Bicentennial Addition was then presented to the Council.
Mr. Hedges discussed the action of the City Council at the last regular
meeting and reviewed a letter from Mary Ippel, attorney from Briggs and
Morgan, analyzing some of the questions of the Council from the last meeting,
and a letter from Paul Ekholm of Miller & Schroeder. Councilmembers were
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concerned about the conversion of the letter of credit after the seven year
initial financing period, the fact that no principal will be paid during that
initial seven years, and also had questions regarding sale of the bonds to
private investors. After discussion, Smith moved, Thomas seconded the motion
to approve the final resolution for the Yankee Square Inn Partnership Project
for industrial revenue financing in the sum of $3,325,000.00, based upon the
assurances submitted by Bond Counsel, the Fiscal Consultant for the City,
Miller & Schroeder, and other information acquired by the Council. All
Councilmembers voted in favor.
SEE BOND FILE
OPUS - GRADING PERMIT APPLICATION - I-35E
An application has been submitted by Opus Corporation for grading permit
for the placement of approximately 600,000 cubic yards of material generated
from the construction of I-35E & Lone Oak Road Interchange. There was also a
request from Enebek Construction Company for a variance from the City's exca-
vation permit hours of operation to allow a double shift beginning at 6:00
a.m. through 10:00 p.m. for a period of six to eight weeks beginning March 16,
1983. The matter had been continued from the last regular meeting and Mr.
Colbert reported that on March 2, a neighborhood meeting was held at the City
Hall, including six of nine affected property owners. Several property owners
were also present at the Council meeting and it appeared that there were no
objections to the proposal. There were concerns by Councilmemebrs that the
roads be kept open for emergency vehicles. Wachter moved, Thomas seconded the
motion to approve the application for grading permit, subject to the following
conditions:
1. All manhole structures for the Eagandale Blvd. trunk storm sewer
utility line must be adjusted to final grade by the applicant as finally
approved by the City.
2. The applicant shall be held responsible for any and all damage to
existing utility lines that may result from the work authorized within this
grading permit and the applicant shall undertake to assure such responsi-
bility.
3. Compliance with all applicable City ordinances with the exception of
the variance from the City's excavation permit hours of operation to allow a
double shift beginning at 6:00 a.m. through 10:00 p.m. for a period of six to
eight weeks beginning March 16, 1983.
4. The City may review the hours approved and may change the hours if
it is determined by the Council that circumstances warrant a change.
All voted yes.
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NAEGELE OUTDOOR ADVERTISING SIGN PERMIT
The Council again discussed the Naegele Outdoor Advertising sign located
on the Cedar Freeway between Diffley Road and Cliff Road. Julianne Bye of
Naegele was present as were neighboring property owners from River Hills 9th
Addition. Ms. Bye presented some slides showing some proposed new locations
for the advertising signs and indicated the reasons why Naegele had requested
that each of those locations not be considered and that the present location
continue as the approved location for the sign. Naegele has agreed to lower
the sign eight feet, recognizing that it has constructed a sign in excess of
the Ordinance provisions in effect as of September 1982. Richard Decker, the
President of the Park East Neighborhood Association, read a statement re-
questing the City Council to order the sign be lowered, noting that the
location is annoying to neighboring residents west of Cedar Avenue, that the
original application designated the location differently than where it was
actually constructed, and that the sign is 53 feet in height and at least 13
feet above the allowed ordinance provision; further, that the sign is alleged-
ly located in the southwest corner of Section 30, rather than the northwest
corner, as originally approved, and requested that the City hold Naegele in
violation of the ordinance, under its misdemeanor provisions. Councilman
Wachter suggested that the sign could be relocated and lowered somewhat so
that it could be visible going south at proposed site C in the Naegele dia-
gram. Mayor Blomquist cited safety concerns about crowding the field of
vision with a highway directional sign. There was considerable discussion
concerning the actual height of the sign and current provisions of the sign
ordinance regarding height, compared with those in effect in September 1982.
After further discussion, Smith moved, Thomas seconded the motion to direct
the staff to require that Naegele lower the sign 10 feet from its present
height in the present location, improving the aesthetic view of the sign and
also bringing it into greater compliance with the sign ordinance. Those in
favor were Smith, Egan and Thomas; those against were Wachter and Blomquist.
SIGN ORDINANCE REVISION
Council then discussed several proposed revisions to the sign ordinance
under Section 4.20 of the City Code. Four options prepared by the City
Attorney's office including the existing ordinance provision and three addi-
tional options regarding determination of the permissible height for adver-
tising signs, were reviewed and Option #4 appeared to be most compatible
generally, with the Councilmembers. Mary Teske submitted several suggestions
for revisions to the Sign Ordinance, and was also present and made comments
regarding the changes. Councilmembers, however, requested that the applicants
be required, in the case of advertising signs, to submit more detailed draw-
ings and specifications, including terrain features and impact on surrounding
residents for inclusion in that provision of the sign ordinance. Egan moved,
Smith seconded the motion to direct the staff to revise the sign ordinance
Section 4.20 regarding height of advertising signs to implement the 4th alter-
nate to include, however, the provision mentioned above. All voted yes. In
addition, the Council directed the staff to review the provisions of the
ordinance regarding distances of advertising signs to residential areas, which
information shall be submitted to the Council at a later time.
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COACHMAN HIGHLANDS - REZONING AND PRELIMINARY PLAT
The application of Brutger Companies, Inc. and Wallace Johnson to rezone
from R-4 to R-3 and for preliminary plat approval for Coachman Highlands
Addition consisting of a 10.5 acre parcel on Lot 1, Block 3, Fox Ridge Addi-
tion was next heard. Wallace Johnson was present, in addition to an Architect
for the proposed project. It was noted that the project will provide for a
reduction in density from the current allowable density and that the Planning
Commission had recommended approval subject to certain conditions. The plat
would include 70 townhouse lots and 1 lot owned in common by the proposed
association. A looped private drive with two access points onto Coachman Road
is provided and the private drive would contain approximately 0.71 acres with
a net developable acreage on the site of 9.79 acres. After discussion, there
being no objections, Wachter moved, Egan seconded the motion to approve the
application for rezoning from R-4 to R-3. All voted yes. Then Egan moved,
Smith seconded the motion to approve the application for preliminary plat,
subject to the following recommendations:
1. A 40 foot setback shall be required along Coachman Road.
2. A 30 foot setback shall be required between dwelling units with the
exception of the westerly 5 buildings which shall have a minimum 25 foot
setback.
3. The garages shall have a minimum setback of 25 feet in order that
the driveways be counted as off-street parking spaces.
4. Concrete curbing shall be required around the perimeter of the off-
street parking.
5. A homeowner's association shall be established to control the over-
all development and the bylaws and articles shall be reviewed by City staff
prior to final plat approval.
6. A designated location shall be established with the preliminary plat
for a sales office for this particular development.
7. A detailed landscape plan shall be reviewed and approved by City
staff and an adequate landscape bond shall be required as part of the develop-
ment contract, and this bond shall not be released until one year after the
landscaping has been completed.
8. The development plan shall be subject to the Park Commission's
recommendations and comments regarding the tot lot area and trail/sidewalk on
the west side of Coachman Road and the 'ee for park dedication.
9. A development agreement shah! be entered into and signed prior to
final plat application.
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10. All easements shall be dedicated as requested by City staff.
11. If the internal utilities are installed privately, the plans and
specifications for such utility installations shall be prepared by a
registered engineer and submitted to the Engineering Division for approval.
12. To accommodate increased traffic resulting from this development,
Coachman Road shall be upgraded to a 44 foot wide bituminous surface and
concrete curb and gutter with an 8 foot bituminous trailway' constructed along
the west side.
13. Internal through streets shall be 28 feet wide with concrete curb
and gutter and the remaining streets shall be 24 feet wide with concrete
curbing.
14. A blanket utility easement shall be required over the common area.
15. This development shall accept its responsibility for the assessment
resulting from lateral benefit from trunk sanitary sewer at the rates in
effect at the time of final plat approval.
16. The cost of providing sewer, water, storm sewer and streets within
this development shall be the sole responsibility of this development.
17. The south access to Coachman Road shall be set back a minimum of 150
feet from the intersection of Coachman Road and Letendre Street.
There was discussion concerning the upgrading of Coachman Road and the
requirement of waiver of rights by the applicant to any objection regarding
the assessment procedure for the upgrading of the road. It was also noted
that there is a 25 foot minimum setback for garages, and the developer
indicated there may be only 23 feet setback between certain garages. It was
understood that the staff will work with the developer concerning those set-
backs. All voted in favor. R 83-11
SEE PLAT FILE
TIBERON FIRST ADDITION
REZONING AND PRELIMINARY PLAT APPLICATION
The application of Wilmus Family Properties for rezoning from R-1 and R-4
to R-1 Planned Development, and for preliminary plat approval of Tiberon
First Addition, was next considered by the Council. The Planning Commission
recommended approval at its regular February meeting. Mark Parranto and John
Parranto appeared for the applicants and Mark Parranto reviewed the project.
He noted that utilities and streets have been installed in what is currently
Mallard Park First Addition and that lot lines will be changed, with the
exception of one lot, which is not owned by the applicant. The average square
footage of the lots will be about 11,000 square feet, and the utility ease-
ments will be vacated along the former lot lines. A letter from attorney
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Richard Meshbesher on behalf of Nuway Builders was reviewed by City Attorney
Paul Hauge. Sidney Johnson of Nuway Builders was present. It was noted that
Lot 2 has been sold by Mr. Johnson and that the buyers have signed a letter
indicating that they have no objection to the replat. Lois Willmus was pre-
sent at the meeting. Mr. Parranto indicated objection to Mr. Meshbesher's
letter that he had no contact with Mr. Willmus for approximately five years
until two months ago and stated the cancellation of contract for deed issue
noted in the letter was a title issue not involving the City Council. There
was discussion concerning the 1.5 acres of additional park land required to be
dedicated as a result of Mallard Park Addition, and the need to make a defi-
nite determination as to the method of dedication. Egan moved, Smith seconded
the motion to approve the application for rezoning from R-1 and R-4 to R-1
Planned Development, with underlying Agricultural zoning. All voted yes.
Egan then moved, Thomas seconded the motion to approve the application for
preliminary plat approval, subject to the recommendations of the Park Com-
mittee and of the Planning Commission as follows:
1. A new development agreement and planned development agreement be
entered into and signed prior to the final plat application.
2. No side yard variances or lot coverage variances should be allowed
on these smaller lots except for vegetation or topographic hardships.
3. A deviation from the R-1 zoning standards shall be allowed on the 26
lots.
4. An agreement be entered into between the City and Mr. Willmus as to
how the parkland issue for the platted subdivisions will be resolved.
5. The replat shall be subject to the Park Commission's recommendations
and comments.
6. The delinquent assessment issue shall also be resolved or an agree-
ment as to how the assessments will be resolved shall be entered into.
7. The applicant shall inform the owner of Lot 2 as to the size of Lots
and type of homes which will be constructed in the replat.
8. If the utility services are to be constructed privately, plans and
specifications prepared by a registered engineer shall be submitted to the
City for approval.
9. The necessary width of right-of-way to provide for a full 60 feet
shall be dedicated as a part of this plat.
10. A 10 foot utility easement shall be included along all publicly
dedicated right-of-way with a 5 foot utility easement along all exterior lot
lines and a 10 foot utility and drainage easement centered over all interior
lot lines.
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11. Where necessary, cross easements for utility purposes shall be
dedicated on lots where sewer and water services are shared.
12. This development shall accept its responsibility for trunk area
storm sewer assessments over the portion of Parcel No. 015-75 which is in-
cluded with this plat and also for lateral benefit from trunk water main and
lateral benefit from trunk sanitary sewer at the rates in effect at the time
of final plat approval.
13. All costs for the construction of utility services shall be the sole
responsibility of this development.
14. All existing lot line drainage and utility easements will be vacated
prior to the final plat approval.
All voted in favor. R 83-12
SEE PLAT FILE
PARK RIDGE ADDITION - REZONING AND PRELIMINARY PLAT
The application of Ruscon Homes for rezoning from Agricultural to R-1
Planned Development and preliminary plat approval of Park Ridge Addition was
presented to the Council. The Planning Commission recommended approval at its
February 22, 1983 meeting, covering the 37 1/2 acre parcel intended to contain
114 single family lots. Marshall Oaks was present as was Bill Maurer of Probe
Engineering, on behalf of the applicant. Mr. Maurer indicated that the con-
nection with Ridge Cliffe Addition to the east has been discussed with Orrin
Thompson Homes and certain lots will be combined by agreement with Thompson
Homes. The smallest lot contains 8,100 square feet and the minimum lot width
is 60 feet at the 30 foot setback line. Four lots will include direct access
to Galaxie Drive. There were no objections. Smith moved, Thomas seconded the
motion to rezone to R-1 Planned Development with underlying Agricultural
zoning. All voted yes. Egan then moved, Smith seconded the motion to approve
the application for preliminary plat approval subject to the following recom-
mendations:
1. A deviation from the R-1 lot size requirement of 85 feet frontage
and 12,000 square feet to range from 60 foot lot widths at the 30 foot setback
and allow a minimum square footage of 7,800 square feet shall be allowed.
2. An agreement approved by the City shall be worked out between Ruscon
Homes and Orrin Thompson in regard to the three triangular portions or outlots
in their preliminary plat.
3. The plat should be subject to the Park Commission's recommendations
for park contribution for this development.
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4. A development agreement and planned development agreement be signed
prior to the application of a final plat.
5. No variances shall be allowed for lot coverage or from the setbacks
of an R-1 (Single Residential District) unless they are strictly related to
irregular terrain or vegetation.
6. An exact elevation shall be set for the pond elevation for the pond
abutting Galaxie Drive.
7. Restricted access shall be required except for the four lots abut-
ting Galaxie Drive. These lots are Lot 1, 2, 3, Block 4, and Lot 17, Block 3.
8. The model home or sales office shall be allowed only until the
development has been completed.
9. If the utilities are installed privately, the plans and specifica-
tions shall be prepared by a registered engineer and submitted to the City for
approval.
10. As a condition of this plat, the 16 inch trunk water main within
Covington Lane shall be extended west to the trunk water main located within
Galaxie Drive.
11. A 5 foot sidewalk/trailway shall be installed along the northerly
side of Covington Lane.
12. Ponding and utility easements shall be required around both ponds to
include sufficient area for the higher water elevation condition.
13. A 20 foot utility easement shall be required for the storm sewer
connection between the two ponds. A 10 foot utility easement shall be in-
cluded along all publicly dedicated rights-of-way with a 5 foot utility ease-
ment along all exterior lot lines and a 10 foot utility and drainage easement
centered over all interior lot lines.
14. All costs related to constructing all internal streets and utilities
shall be the sole responsibility of this development.
All members voted in favor. R 83-13
SEE PLAT FILE
JOHN MILLER - PILOT KNOB HEIGHTS 4TH ADDITION - VARIANCE
The application of John and Sabina Miller for 15 foot front setback
variance from public street located on Lot 9, Block 3, Pilot Knob Heights 4th
Addition, 3733 Denmark Court, was considered by the Council. Mr. and Mrs.
Miller were present and there were no objections. Egan moved, Wachter
seconded the motion to approve the application for variance, subject to com-
pliance with all other provisions of the applicable City Code. All voted in
favor.
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WATER TREATMENT PLANT - STATUS REPORT
CONTRACT #83-1
Bob Rosene, the City Consulting Engineer gave the Council a brief update
concerning the plans and specifications for the water treatment plant under
Contract #83-1. He noted that the total cost estimate for the project is
relatively close to that which was originally provided in the June 18, 1982
Summary Report. No action was taken.
JOINT CABLE COMMISSION UPDATE
Mr. Hedges and Councilman Smith gave the Council an update regarding the
Joint Cable Commission meeting of March 3, 1983 when Carl Pilnick of Tele-
communications Management, Inc. was present and reviewed the Group W proposal
that was received in January. Public hearings will be scheduled for April and
a request to draft the ordinances by both Eagan and Burnsville will take place
during May. It was also noted that modifications to the City Hall will be
implemented to more easily accommodate cable televising at the City Hall.
TRUNK HIGHWAY #13 SERVICE DRIVE
A Petition has been received from Rax Roast Beef and Perkins Restaurant
management requesting preparation of a feasibility report to eliminate the
existing service drive for old Trunk Highway #13 between Country Club Market
and Minnesota Federal. Staff has been working with the management of both
restaurants and noted, however, that no progress had been made with Minnesota
Federal or the management of Country Club. The Public Works Director was
requested to do additional planning and to attempt to acquire consensus from
the property owners along the service drive, as far east as the Mr. Donut Shop
and further to contact the Minnesota Department of Transportation for possible
cost-sharing. Wachter moved, Egan seconded the motion to direct the Public
Works Director to prepare such a report, make the contacts and do some pre-
liminary design work on the road and then return to the City Council with
plans for the drive from Rahn Road to Silver Bell Road. All voted yes.
ANN PIETSCH - CONNECTION FEE DEFERMENT
A request from Ann Pietsch for approval of deferment of connection fees
for sewer and water for her residence at 4275 Dodd Road was then brought
before the Council. Mrs. Pietsch was present and indicated that for financial
reasons she would be unable to pay the connection charges required to connect
to water and sewer and that she expected it would be necessary to connect
within a short period of time. After discussion, it was suggested that Mrs.
Pietsch contact a well service company and determine what types of problems
she may be having with her well before making determination as to connection
to the Eagan water system.
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ORDINANCE CODIFICATION
Richard Decker appeared on his own behalf and asked that the City Council
request an Attorney General's Opinion concering methods for changing the City
Code and indicated that it was his opinion that the Council had incorrectly
made revisions to the City Code in recent months without proper notice. No
action was taken concerning his request, and it was noted that the City had
hired a professional codifier to prepare the codification of the Ordinances
during the past year.
PROJECT #371 - FEASIBILITY REPORT
A feasibility report covering Project #371 consisting of streets and
utilities in the new water treatment plant area was presented to the Council.
Upon motion by Egan, seconded Smith, it was resolved that the feasibility
report be received and that a public hearing be scheduled for April 5, 1983 at
7:00 p.m. at City Hall.
ASSESSMENT HEARINGS
Upon motion by Smith, seconded Wachter, the assessment hearings scheduled
for April 5, 1983 be rescheduled to April 4, 1983 with the understanding that
on April 4 the actual consideration of the assessments will be continued to
April 5, 1983.
SPECIAL MEETINGS
The Council scheduled special meetings of the City Council for March 24,
1983 and March 29, 1983 at City Hall.
LITIGATION UPDATE
A letter from City Attorney Paul Hauge dated March 14, 1983 concerning
City litigation was discussed by the City Council, including the action
entitled Pioneer Press vs. City of Eagan. It was noted that the case is now
scheduled for trial on May 12, 1983 and the Council directed the staff to
prepare a report regarding the newspaper boxes around the City, including
those placed by U.S.A. Today for discussion at the April 5, 1983 Council
meeting. It was further noted that the Odell vs. City of Eagan case is
scheduled for trial on April 21, 1983, and that a pre-trial has been scheduled
for March 21, 1983 in Dakota County District Court regarding the Wescott Road
Condemnation action.
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PROJECT 372 - I-35E UTILITY CROSSINGS
Public Works Director Tom Colbert recommended that the Council authorize
a feasibility report be prepared by the Consulting Engineer covering utility
crossings of proposed I-35E between County Road #30 and Lone Oak Road. Smith
moved, Wachter seconded the motion to implement the recommendation. All voted
in favor.
CHECKLIST
Egan moved, Thomas seconded the motion to approve the following Checklists
dated: February 28 & March 15
All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m.
PHH
City erk
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