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11/01/1983 - City Council Regular 00321 Council Minutes November 1, 1983 EAGAN/WEST ST. PAUL FIRST TIME HOMEBUYER PROGRAM ORDINANCE Tom Hedges presented a proposed Ordinance authorizing the Dakota County HRA to exercise on behalf of the City of Eagan, the planning and implementa- tion of the single family mortgage revenue bond housing program. He noted that the ordinance should have been adopted in late 1982 and was overlooked and recommended approval of the ordinance. Smith moved, Thomas seconded the motion to approve the recommendation and to authorize the ordinance relating to the planning and implementation of a single family mortgage revenue bond housing issue. All voted yes. PHEASANT KNOLL - PRELIMINARY PLAT The application of Will Stenzel Construction Co. for preliminary plat approval of Pheasant Knoll consisting of approximately 18.7 acres containing 120 townhouse units on Outlot A, Thomas Lake Heights was presented to the Council. At the request of the applicant, Wachter moved, Egan seconded the motion to continue the application to November 15, 1983. All voted in favor. Several neighboring property owners were present and submitted two Petitions objecting to the application. OAK CHASE 6TH ADDITION - PRELIMINARY PLAT The application of John Houston and Houston Construction, Inc. for pre- liminary plat approval of Oak Chase 6th Addition consisting of 8.28 acres containing 12 Estate zoned lots in Outlot A, Oakchase 5th Addition was sub- mitted to the Council. The Advisory Planning Commission on October 25, 1983 recommended approval, subject to certain conditions. Dale Runkle reviewed the application and there were no objections to it. Mayor Blomquist had certain questions concerning grading, including the ponding on the Ostertag property. John Houston was present and he and Tom Colbert reviewed in detail the pro- posal for the ponding and the grading and Mr. Houston indicated the grading is now nearly complete for the road and the lots. Egan moved, Wachter seconded the motion to approve the application subject to the following recommenda- tions: 1. The plat shall be subject to the Dakota County Plat Commission's review and comment because the plat abuts County Road right-of-way. 2. All buildings shall conform to Section 11.20 of the Municipal Code for setbacks for Estate Zoning. 3. All other applicable ordinances shall be complied with. 4. Grading shall be completed according to an approved grading plan and the drainage issue with the Ostertag property shall be satisfactorily settled. 5 003,2 Council Minutes November 1, 1983 5. Utilities shall be inspected for conformance with City standards and be accepted by the City prior to final plat approval. 6. Streets shall be constructed to City standards with a temporary turn-around at the end of Oak Chase Way having a minimum radius of 40 feet. 7. Right-of-way and easements shall be dedicated as recommended by staff. 8. Any costs or assessments associated with any improvements for this addition shall be the sole responsibility of this developer. 9. This development shall accept its trunk area water and storm sewer assessment responsibility at the time of the final plat approval as determined by the rates in effect at that time. All voted in favor. SEE PLAT FILE BALANTRAE 1ST ADDITION - WAIVER OF PLAT The application of Douglas Stevens as Trustee for the Nicholas W. Norder Trust for waiver of plat to shift center lot line on two existing duplex lots was brought before the Council. The Advisory Planning Commission recommended approval with no objections. Mr. Stevens was present. Smith moved, Egan seconded the motion to approve the application, subject to compliance with all applicable city ordinances. All voted yes. R 83-70 TRUNK STORM SEWER LIFT STATION - CONTRACT #83-17 Bids have now been received for Contract #83-17 consisting of trunk storm sewer lift stations for Projects #381, Borchert Ingersoll Pond, Project #382, Hurley Lake, and Project #383, Schwanz Lake. Mr. Colbert reviewed in detail the easements that are required for the projects and indicated the Alcor Corporation easement has not been acquired but a verbal right-of-entry has been given. He also discussed the easements required for the Hurley Lake outlet and the staff recommended the easement acquisition as proposed and negotiated by staff, covering the Timbershore area. A letter from Attorney, Dale Nathan indicating there were no objections on behalf of the Timbershore owners, provided the City will complete the project and maintain it as sug- gested, including a $250.00 payment and $50.00 per year maintenance charge. It was noted there would be a temporary access road to the lift station of Hurley Lake until the McCarthy property develops. After review of the Con- tract, Smith moved, Egan seconded the motion to approve the agreement as proposed, including a right-of-entry under Project #382 through Timbershore Addition, with the installation of crushed rock, and further, that the payment of $250.00 be authorized with $50.00 per year for a maximum of 10 years. All voted yea. Smith moved, Thomas seconded the motion to approve the award of Contract #83-17 to Austin P. Keller Construction Co. with a total base bid of $391,905.00 and defer consideration of approval of Alternate C until the appropriate easements have been obtained. All voted in favor. 6 00323 Council Minutes November 1, 1983 WELL SITE #5 - CONTRACT #83-18 The bids have been received for Well Site #5 under Contract #83-18 and it was noted that the storm sewer trunk fund will now be required to finance a portion of the project in the sum of $19,600.00. It was also recommended that the alternate for ditch blocks and disposal area not be accepted and the contract be awarded the low bidder based on the total base bid only, with change orders to be approved at a later time. Wachter moved, Egan seconded the motion to approve and authorize the contract to W. & G. Rehbein Bros. in the sum of $4,645.25. All voted yes. 5N,1.45 .'35 vMnDOT PLANS - I-35E Rt The plans and specifications for the MnDOT I-35E project from County Road #28 to County Road #26 were presented and the staff recommended approval based upon the review of the very detailed plans. After discussion, Smith moved, Thomas seconded the motion to adopt a resolution approving the detailed plans and specifications for MnDOT Project S.P.1982-66 (35E-390) and authorize the Mayor and City Clerk to execute the related documents. All voted yea. R 83-71 MnDOT COST PARTICIPATION AGREEMENT #61799 - I-35E In conjunction with construction of I-35E from Yankee Doodle Road to Lone Oak Road, the state will be incorporating the construction of sanitary sewer and storm sewer crossings on I-35E and staff presented a feasibility report for Project #372 covering the crossings. It was recommended the agreement with MnDOT, #61799 be approved and upon motion by Thomas, seconded Wachter, it was resolved that the Cost Participation Agreement be approved and the Mayor and City Clerk be authorized to complete the necessary documents. All voted yea. SEE AGREEMENT FILE MUNICIPAL CENTER - TELECOMMUNICATIONS SYSTEM The City Administrator submitted to the Council, Gene VanOvebeke's Memo- randum dated September 13, 1983 concerning the proposed leasing or purchase of the telecommunication system for the new municipal building. There was also discussion relating to the source of the funding in the event of purchase, whether through Federal Revenue Sharing money or through rebudgeting the 1984 operating budget and future budgets for a lease program. Smith moved, Wachter seconded the motion to authorize the purchase of the system from Executone with a total cost of $30,710.00, noting that leasing would be a more expensive alternate, and further, that staff present the detailed funding methods to the Council at a later time. All voted yes. 7 00324 Council Minutes November 1, 1983 POLICE DISPATCHER CONTRACT - 1983-84 Tom Hedges indicated that the Police Dispatchers have now voted to accept the counter-proposal submitted by the City Council allowing for retroactivity in wages for 1983 and a new rate of compensation for 1984. Thomas moved, Egan seconded the motion to approve the Police Dispatcher's contract for 1983-84 as presented. All members voted in favor except Wachter who voted no. LEXINGTON SOOTH ASSOCIATES - PROJECT #361 SANITARY SEWER EASEN ENT The City Council closed the public hearing on Project #361 on October 5, 1982 and ordered the installation of the sanitary sewer trunk in the Wescott Road/Lexington Avenue area, provided the easements have been acquired at the cost of the developers. Several agreements have been circulated between Lexington South and the City regarding the method of financing the easement acquisition, including the proposed assessment of benefitted properties as the sanitary sewer trunk line is extended easterly. Jim Curry of Lexington South was present and it was noted a staff meeting had been held with repesentatives of Sienna Corporation covering the acquisition cost. Sienna Corporation recommended an increase in the trunk storm sewer assessments to cover the proposed easement acquisition cost. Councilmembers generally did not favor the increased assessments because it would require a revision to the policy that has been in effect for many years. Several alternates were discussed, including an agreement by Lexington South to guarantee payment of the cost with other benefitted property to contribute as development takes place. In addition, another alternative is to negotiate a right-of-entry with the owner, which would include the preparation of a plan for the Patrick McCarthy property to minimize the impact on the location of the sanitary sewer trunk through that land. Mr. Curry stressed the importance of installing the trunk as soon as possible, and it was suggested that staff work with U. S. Homes, including St. Paul Companies, for agreement to contribute toward the cost of the acquisition. After lengthy discussion, Smith moved, Thomas seconded the motion to authorize the staff to prepare an agreement with Lexington South and to authorize the commencement of condemnation which negotiations will also take place with U. S. Homes for cost participation and with the McCarthy family for completion of a layout for their property. All voted in favor except Wachter who voted no. BRIAR HILL ADDITION A resident from Briar Hill Addition appeared and expressed his concern about the location of a private walk-way that has recently been relocated within Briar Hill Townhouse Addition. He indicated that it may have been constructed in an unsafe manner. Mr. Colbert explained the history of the trailway and the staff was directed to review the trailway layout with the developer to determine its location and safety of the construction. 8 00325 Council Minutes November 1, 1983 D.A.R.C. CONTRIBUTION Jan Smith appeared and thanked the Council on behalf of the D.A.R.C. Board for the City's donation to Dakota Area Retarded Citizens Board. DONALD WECKOP - GRADING PERMIT APPLICATION Application from Donald L. Weckop to perform fill-in operation of a parcel of land in Wescott Garden Hills Addition was submitted to the Council. Upon motion by Egan, seconded Thomas it was resolved that the application be approved subject to compliance with City Ordinances. All voted yea. M.E.E.D. EMPLOYEE Tom Hedges recommended that the Council approve the hiring of John Bergstrom as the second M.E.E.D. employee for a Sign Inspector's position for a six month period. Egan moved, Wachter seconded the motion to approve the recmmendation. All voted yes. TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT APPRAISER The Bond Counsel for the City has recommended that the City approve the hiring of an appraiser for a summary appraisal for the proposed tax increment financing for the race facility. Smith moved, Thomas seconded the motion to authorize Mark Parranto to proceed with the appraisal to be submitted to the Council by the November 15, 1983 meeting, at a total approximate cost of $600.00 to be reimbursed by the developers of the race facility. All voted in favor. POLICE PROFESSIONAL LIABILITY INSURANCE Bruce Medvec of Valley View Insurance has recommended that the Council change the Police Professional Liability policy to St. Paul Surplus Lines Insurance Co. with a reduced premium of $800.00 per year. After reviewing the proposal, Egan moved, Smith seconded the motion to approve the policy with St. Paul Surplus Lines Insurance Co. with the understanding that the staff will renegotiate the limits to $500,000.00 rather than $1,000,000.00 if the current umbrella policy covers the City in excess of $500,000.00. All voted in favor. 9 0032E Council Minutes November 1, 1983 CLERK TYPIST - PUBLIC WORKS DEPAR1749NT Mr. Hedges stated that a clerk typist in the Utility Department has resigned and recommended that the Council authorize the acceptance of the resignation and that the staff proceed to acquire a replacement. Smith moved, Thomas seconded the motion to approve the recommendation. All voted in favor. SPECIAL COUNCIL MEETINGS The Mayor indicated that on November 10, 1983 a joint meeting will be held with the Burnsville School Board and in addition, the Council will can- vass the ballots of the November 8, 1983 election, which meeting will be held at the City Hall. PARK COMMITTEE - JOINT MEETING A joint meeting with the Advisory Park and Recreation Committee for November 22, 1983 has been scheduled at the Eagan City Hall at 7:00 p.m. to review the Park Master Plan. NOVEMBER 17, 1983 - SPECIAL MEETING A special meeting for purposes of organization of the Joint Eagan/Burns- ville Cable Commission at 7:00 p.m. on November 17, 1983 was scheduled. CITY GENERAL OBLIGATION BOND RATING Ernie Clark of Miller & Schroeder recommended the Council authorize the City Administrator and the City Finance Clerk to accompany Mr. Clark to New York to attempt to acquire an improved bond rating for the new G.O. bond issue for the City. Egan moved, Wachter seconded the motion to authorize the Ad- ministrator and Finance Director to go to New York City with Mr. Clark for the purpose of improving the City's bond rating. All voted in favor. FOURNIER RUBBISH REMOVAL SERVICE The application of Fournier Rubbish Removal for rubbish haulers' license for 1984 was again presented to the Council. It was noted that the equipment on the Fournier property has not been removed. Thomas moved, Egan seconded the motion to approve the license, subject however, to the removal of the equipment along Cliff Road property as requested by Councilmembers. All voted yes. 10 00327 Council Minutes November 1, 1983 PEOPLE'S NATURAL GAS FACILITY LOCATION The City Administrator was asked to write People's Natural Gas and com- pliment it on the orderly moving of the Cliff Road gas piping facility as requested by the City. LAKE PARK SHORES - VACATION HEARING Mr. Colbert presented a Petition from the Lake Park Shores Addition developers requesting vacation of utility easements and street easements in Lake Park Shores, formerly Rasmussen Addition. Upon motion by Blomquist, seconded Wachter it was resolved that a hearing be scheduled for December 6, 1983 at 7:00 p.m. at City Hall to consider the vacation of the easements. All councilmembers voted yes. ODELL VS. CITY OF EAGAN Councilmembers discussed the appeal brought by Mr. & Mrs. David Odell to the Supreme Court covering the Dakota County District Court Order in favor of the City regarding the split of the Odell lot in McCarthy Ridge Addition. Certain councilmembers indicated that it did not appear appropriate for the City to be getting into additional costs depending on the resolution of the issue. Smith moved, Thomas seconded the motion that the Council be on record terminating the defense of the Supreme Court action brought by Odells against the City, in the event that the Odells move the garage on their lot in McCarthy Ridge Addition. Those in favor were Smith, Thomas and Wachter; those against were Egan and Blomquist. After further discussion, Smith moved, Thomas seconded the motion to reconsider the motion to be discussed at the regular meeting of December 6, 1983. All voted yes. CHECKLIST Upon motion by Thomas, seconded Wachter, it was resolved that the follow- ing Checklist be approved, dated: Ncvember 1, 1983 All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:10 p.m. PHH "OAAA City (jerk 11 00317 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 1, 1983 A regular meeting of the Eagan City Council was held on Tuesday, November 1, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as distri- buted, noting that several continuances had been requested. All voted in favor. MINUTES October 18, 1983 - Regular Meeting. Smith moved, Egan seconded the motion to approve the minutes as presented. All members voted yes. September 29, 1983 - Special Meeting; and October 11, 1983 - Special Meeting. After review, Smith moved, Wachter seconded the motion to approve the Minutes as prepared. All voted yea. PUBLIC WORKS DEPARTMENT Tom Colbert explained to the Council that the four vehicles that had been ordered for purchase by the Public Works Maintenance Department included a 34,000 GVW Dump Truck which were scheduled for delivery within 90 days or by October 19, 1983. The dump truck contract was awarded to Superior Ford which will be unable to deliver until mid to late December and Mr. Colbert asked advice from the Council as to direction. He noted that the City could re- acquire possession of the trade-in that had already been sold, but that it is in poor mechanical condition, but at least could carry the City over until mid-January when it is expected the Ford truck would be available for snow removal. Possible cancellation of the contract was also discussed and it was noted that no quicker action would be possible for the acquisition of the truck and no action was taken. CONSENT AGENDA The following consent agenda items were presented to the Council for approval: 1 00318 Council Minutes November 1, 1983 1. Contractor's Licenses. It was recommended that four general contractors and one roofing contractor's licenses be issued as requested. 2. Bingo License - Knights of Columbus. The application of the Knights of Columbus for bingo license for November 11, 1983 at St. John Neumann Church was recommended for approval. 3. Non-intoxicating Malt Liquor License - St. John Neumann Church. The application of St. John Neumann Church for non-intoxicating beer license for a parish dance on November 19, 1983 was recommended by the staff for approval. 4. Police Department Sergeant - Appointments. It was noted that Pat Geagan and Ken Aszmann were promoted from Sergeants to Captains in the Police Department and Police Chief Jay Berthe is now recommending that Richard Swanson and Greg Johnson be appointed Sergeants, after written and oral exami- nations. 5. Consulting Engineering Supplemental Agreement - Contract #81-01. Contract #81-01 covering utility and street installation along the relocated Galaxy Avenue through a Cost-Participation Agreement with MnDOT was presented. The staff recommended that the Supplemental Engineering Agreement covering $11,201.31 be approved by the Council. 6. Oakwood Heights 2nd Addition - Project #83G. The staff recommended that the Council accept the installation of the utilities within Oakwood Heights 2nd Addition for Project #83G and accept the project for perpetual maintenance. 7. Project #371 _ Lyle Hay Assessment Deferral. An agreement had been entered into with Dr. Lyle Hay covering his property on the east side of Coachman Road for the deferral of assessments, based upon a public hearing on April 5, 1983 under Project #371. The staff now recommends some amendments to the agreement covering the deferral of collection of annual principal install- ments in the estimated amount of $108,189.00 to which Mr. Hay has agreed and signed such an agreement. 8. Lexington South, Inc. - Project #365 - Assessment Respread. A request from Lexington South, Inc. for respread of assessments under Project #365 for trunk watermain along County Road #30 to Dodd Road and also installa- tion of semi-trunk sanitary sewer from Wilderness Run Road to service North- view Meadows subdivision was requested to be respread on a per-acre basis over all parcels located within the northeast quarter of Section 26, owned by Lexington South. The Public Works Director recommended approval subject to the execution of an appropriate waiver of hearing and request for reapportion- ment of special assessments. Smith moved, Thomas seconded the motion to approve the foregoing consent agenda items. All voted yea. 2 00319 Council Minutes November 1, 1983 LONE OAK HEIGHTS - PRELIMINARY PLAT APPROVAL EXTENSION The application of Belfany Development Co. for extension beyond November 9, 1982 for six months for the approval of the preliminary plat for Lone Oak Heights was presented to the Council. The reason given by the developer was that there had been legal problems concerning the disposition of the Orrin Aune interest in the property and that had now been completed. Mr. John Gustin of Timberline Association and Mr. Paul Uselman of the Timberline area appeared and had concerns about the type of development, the mobile home left on the property and the concern that if there are any changes in the develop- ment, that they be presented in the form of a hearing. Smith moved, Thomas seconded the motion to continue the preliminary plat for an additional six months with the understanding that before further progress takes place on the completion of the final plat, that a public hearing be scheduled before the Council unless there are significant changes in the staff's estimation and in that event, the application shall be returned to the Advisory Planning Commis- sion; further, subject to satisfactory removal of the mobile home on the property by December 1, 1983. All voted in favor. ALFRED WIGER PROPERTY - ASSESSMENT HEARING Mayor Blomquist convened a reassessment hearing under Project #302 covering the Mr. and Mrs. Alfred Wiger property at the southeast intersection of 4494 and Trunk Highway #49. Mr. Colbert explained the project and noted that an error had taken place in the original assessment which should have provided for an assessment of $7,025.00, rather than $187.00. Mr. Wiger was present and the staff explained the revision to Mr. Wiger. It was noted that the property is now being acquired by the Department of Transportation and it is expected that MnDOT will pay the assessments during the condemnation process. There being no objection, Wachter moved, Egan seconded the motion to close the hearing and approve the corrected final assessment roll for Lot 3, Auditor's Subdivision #31 and authorize the correction to be certified to the County Auditor. All voted yea. PROJECT #182R - PIEKARSKI PROPERTY PROJECT #240 - DREXEL HEIGHTS PROPERTY PROJECT #297R - HORNE PROPERTY ASSESSMENT ROLL CERTIFICATION Mr. Colbert recommended to the Council that consideration of the final assessment roll certification for each of the foregoing parcels be continued to November 15, 1983 for final action. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation be accepted. All voted in favor. James Horne was present and asked that the check that he received from the Department of Transportation for acquisition of pond on his property be autho- rized for signature by the Council. It was noted that Mr. Horne was required to waive objections and sign the agreement covering assessments prior to any action on it because of the assessment objections filed by Mr. Horne. 3 00320 Council Minutes November 1, 1983 NATIONAL ADVERTISING - CONDITIONAL USE PERMIT The application of National Advertising Co. for conditional use permi for outdoor advertising sign on Trunk Highway #77 was next presented. Mr. Hedges stated that the City Attorney's office and the attorney for National Advertising Co. have requested a continuance in order to gather additional facts regarding the application. Wachter moved, Egan seconded the motion to continue the application for further investigation and information. All voted yea. NAEGELE OUTDOOR ADVERTISING COMPANY CONDITIONAL USE PERMIT APPLICATION The application of Naegele Outdoor Advertising Company for conditional use permit for a sign on Trunk Highway #77 near the railroad right-of-way was next presented. The same recommendation was submitted by the staff and Thomas moved, Smith seconded the motion to approve the recommendation and continue the application. All voted yes. HILLTOP CONDOMINIUMS - RECONSIDERATION MOTION A request had been made by Developers Construction Co. through Loren Spande for revised site plan for the Hilltop Condomnium project at the north- east intersection of Diffley and Pilot Knob Roads. Information was included in the packet concerning request for reconsideration and upon motion by Smith, seconded Thomas, it was resolved that the Council reconsider its motion of October 18, 1983 denying the application. All voted in favor except Egan who voted no. Loren Spande was present and submitted a change in the proposed plan from 70 units to 66 units, noting the original plan provided for 52 units. One quadrominium building would be dropped and the parking would also be changed under the new proposal. He indicated that quadrominiums generate 6 to 7 trips per day whereas single family homes generate 9 to 10 trips per day. The type of construction will be the same as proposed. A number of neighboring pro- perty owners were present and objected to several aspects of the original project and the proposal, including severe erosion, trees being removed and other objections. They recommended revisions to the site to avoid erosion and also to direct that the developer reforest prior to further development. Mr. Spande stated that the market price is expected to be in the high $60,000's to low $80,000's for the new units. Councilman Egan stated that the type of development that the neighbors were led to beleive would be constructed on the proeprty is an issue and Councilman Smith stated, however, that the property would allow greater density if the current project is abandonded. Councilman Wachter suggested further coordination between the developer and the neighbors and the neighbors present indicated willingness to meet with the developer. After nearly an hour, Wachter moved, Smith seconded the motion to continue consideration of the application until an informational meeting has been held between the interested parties and that the matter would then be brought back to the Council at the November 15, 1983 meeting. All voted yes. 4