09/06/1983 - City Council Regular
00248
MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 6, 1983
A regular meeting of the Eagan City Council was held on Tuesday,
September 6, 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 and City
Attorney Keller.
AGENDA
Smith moved, Wachter seconded the motion to approve the Agenda as pre-
pared. All voted yes.
MINUTES
Wachter moved, Egan seconded the motion to approve the Minutes for August
16, 1983 amending the dates for the special City Council meetings shown on
page 4 to indicate August 30 and August 23, instead of September 30 and
September 23, 1983. All voted in favor.
CABLE COMMITTEE MEMBER RECOGNITION
Mayor Blomquist presented plaques containing certificates of appreciation
for five Committee members: Rick Bertz, Barry Tilley, Jim Smith, Ron Voracek
and Lloyd Krob. Lloyd Krob was not present to accept his plaque.
FIRE DEPARTMENT
Upon motion by Wachter, seconded Thomas, the low bid of $7,325.00 by Les
Jones Roofing, Inc. for the reroofing of Fire Station #1 was approved along
with the removal of the old siren tower at an additional cost of $250.00. All
voted yea.
ADVISORY PARKS AND RECREATION COMMITTEE
Chairman Roger Martin was present, along with Director of Parks and
Recreation, Ken Vraa, to update the Council on the recent grant for Rahn Park
in the amount of $79,500.00. Mr. Martin also indicated that there were very
good prospects for a similar type of grant for Fish Lake Park. Mr. Vraa
described how the new park plan had resulted in additional points necessary
for the competition for the Lawcon grants. Upon motion by Egan, seconded
Wachter, the Mayor was authorized to execute the Agreement for Rahn Park
Lawcon Grant. All voted in favor.
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CONSENT AGENDA
The following Consent Agenda items were submitted by staff and recom-
mended for approval:
1. Contractors' Licenses. Contractor's Licenses for seven general
contractors and two heating and ventilating contractors were recommended for
approval by the Chief Building Inspector.
2. R. K. Bolkcom Sanitation Service. The license application fee has
been paid and the application is in order for a rubbish haulers license which
was submitted by Russell Bolkcom, 4539 Scott Trail in Eagan.
3. Project #387 - Lexington Place - Utilities. Staff recommended that
the feasibility report for Project #387 be received and approved by Council
with the recommendation for public hearing to be held October 4, 1983 at 7:00
p.m. at the City Hall.
4. Project #388 - Suncliff 1st Addition - Streets and Utilities. A
Petition was submitted from Advance Developers, Inc. requesting the prepara-
tion of the feasibility report and detailed plans and specifications for the
installation of streets and utilities for the first phase of Suncliff Addi-
tion. It was recommended it be received and that the consulting engineer be
authorized to prepare a feasibility report.
5. Project #389 - Meadowlark Road - Streets. A petition and location
map has been submitted by the Board of Directors of Meadowlark Townhouse
Association requesting the completion of the street and cul-de-sac on Meadow-
lark Road. Staff has recommended that the Petition be received and a feasi-
bility report for Project #389 be prepared.
6. Senior Citizen Deferral Application. Application for deferral of
assessments associated with Project #302 was submitted by Mrs. Eugene Napier
located at 988 Blue Gentian Road. Staff recommended favorable consideration
of the application of Mrs. Napier who meets all the qualifications of Section
2.75 of the City Code pertaining to senior citizen deferment of special
assessments.
7. Budget Hearing. September 20, 1983 was recommended as the date for
a hearing to consider the proposed 1984 Budget.
8. City Hall Radio Tower. Staff has recommended that the radio tower
at the existing City Hall be declared as surplus property and that the City
Clerk be directed to advertise it for sale.
9. Consideration of Hiring Craig'Jensen as Public Works Maintenance
Employee. Staff recommended approval of the hiring of Craig Jensen as a
Public Works maintenance employee, subject to successful completion of a
physical examination.
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Upon motion by Smith, seconded Egan, it was resolved that the foregoing
Consent Agenda items be approved and authorized to be implemented with the
exception of item 2, the Rubbish Haulers License for R. K. Bolkcom Sanitation
Service. All members voted yes.
Upon motion by Blomquist, seconded Smith, item 2 was continued until
further information is received regarding the storage of sanitation trucks
within residential areas. All voted in favor.
PHYSICAL FITNESS REQUIREMENT FOR NEW CITY EMPLOYEES
City Administrator Hedges advised the Council on the proposal to require
physical examinations for new City employees, with the intent of reducing
insurance and workers compensation costs. Upon motion by Wachter, seconded
Egan, it was resolved that all candidates being considered for future City
employees would be required to take physical examinations, including a medical
history prior to acceptance for employment. All voted yea.
PROJECT #343 - FINAL ASSESSMENT HEARING
BRIAR HILLS 4TH ADDITION
A public hearing regarding the final assessments for the Briar Hills 4th
Addition, streets and utilities, under Project #345 was convened by the Mayor.
There were no objections to the project. Mr. Colbert reviewed the assessment
roll as proposed. Smith moved, Thomas seconded the motion to close the
hearing and approve the final assessment roll and authorize certification to
the County Auditor. All members voted yea.
PROJECT #350 - FINAL ASSESSMENT HEARING
OSTER ADDITION/TREFFLE ACRES
The final assessment hearing for Project #350 covering the streets and
utilities for Oster Addition and Treffle Acres was convened by the Mayor. Mr.
Colbert explained the roll in some detail. Mr. John O'Toole requested infor-
mation regarding spread of payments over 5 years. There were no objections.
Upon motion by Egan, seconded Wachter, it was moved to close the public
hearing, approve the final assessment roll and authorize certification to the
County Auditor. All voted yes.
PROJECT #352 - FINAL ASSESSMENT HEARING
STORLAND ROAD/NORVIN OAKS ADDITION
Mayor Blomquist convened the public hearing for Project #352 covering
watermain for Storland Road and Norvin Oaks Addition. Mr. Colbert reviewed
the assessment roll as proposed. There were no objections. Thomas moved,
Smith seconded the motion to close the hearing and order in the final assess-
ments and authorize certification to the County Auditor. All voted in favor,
except Wachter who abstained.
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PROJECT #360 - FINAL ASSESSMENT HEARING
TOWERVIEW ROAD - STREETS
The Mayor convened the final assessment hearing for Project #360 covering
West Towerview Road streets. There were no objections to the project and Mr.
Colbert explained the roll in some detail. Wachter moved, Egan seconded the
motion to close the hearing and approve the final assessment roll and autho-
rize certification to the County Auditor. All voted in favor.
PROJECT #362 - FINAL ASSESSMENT HEARING
TOMARK 2ND ADDITION - STREETS & UTILITIES
The Mayor convened the public hearing regarding the final assessments for
Tomark 2nd Addition, streets and utilities, under Project #362. There were no
objections to the project. Mr. Colbert reviewed the assessment roll as pro-
posed. Smith moved, Thomas seconded the motion to close the final hearing and
approve the final assessment roll and authorize certification to the County
Auditor. All members yes.
PROJECT #364 - FINAL ASSESSMENT HEARING
BRITTANY 4TH ADDITION - TRUNK WATERMAIN
The final assessment hearing for Project #364 covering trunk watermain on
Brittany 4th Addition was next convened by the Mayor. There were no objec-
tions to the project and Mr. Colbert explained the roll in some detail.
Wachter moved, Egan seconded the motion to close the hearing and approve the
final assessment roll and authorize certification to the County Auditor. All
voted in favor.
PROJECT #365 - FINAL ASSESSMENT HEARING
NORTHVIEW MEADOWS - TRUNK WATERMAIN & SANITARY SEWER
The public hearing regarding the final assessments for Northview Meadows
trunk watermain and sanitary sewer under Project #365 was convened by the
Mayor. Director of Public Works Colbert presented a summary tabulation of the
final assessment rates and indicated that all notices had been published in
the legal newspaper and sent to the affected property owners informing them of
this hearing. The Council had previously approved deferment for liability of
assessments until connection was made for certain property owners signing an
agreement to that effect. Mr. Mike King of 861 County Road #30 appeared and
requested information regarding the basis for his assessment. Mr. Colbert
responded to the question. Mr. Bob Foss appeared and received a response to
his question regarding sanitary sewer. There were no objections. Egan moved,
Wachter seconded the motion to close the hearing and approve the assessment
roll and authorize certification to the County Auditor. All voted yes.
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PROJECT #240 - FINAL ASSESSMENT HEARING
DREXEL HEIGHTS ADDITION - STREETS
Mayor Blomquist convened the final assessment hearing for Project #240
covering the streets within Drexel Heights Addition. Several land owners
appeared in regard to this hearing requesting information as to amounts pre-
viously paid for assessments and what must be paid subsequent to approval of
this assessment. Mr. John Koenig appeared on behalf of Pilot Knob Properties
with written objections to the assessment as proposed and advised that a court
hearing was to be held September 7, 1983 at 9:00 a.m. in regard to legal
action in process, relative to this matter. Smith moved, Egan seconded the
motion to continue the hearing to October 18, 1983 at 7:00 p.m. at the City
Hall, with no additional notices for final hearing. All members voted yea.
PROJECT #315 - WELL SITE #5 - TRUNK STORM SEWER
Mayor Blomquist next convened the hearing regarding Project #315, Well
Site #5, trunk storm sewer. Director of Public Works Colbert advised the
Council of problems with notification of the Contract for Deed Vendee, Mr. Don
Larson of Parkview Golf Course. He also indicated that the neighboring Ohman
farm was classified as green acres and discussed the funds available or not
available from the trunk storm sewer fund. Mr. Don Larson appeared and indi-
cated his desire to continue to operate the land as a golf course and des-
cribed the efforts he had made to control waterflow across the 18th hole
fairway. He also objected to the project as described. Two representatives
of the Ohman property also appeared and objected. Smith moved, Egan seconded
the motion to continue the hearing to October 4, 1983. All voted yes. It was
requested that staff reconsider the project and come back to the Council at
that time considering the Council's concerns not to force the golf course or
farm out of business, the possibility of a smaller project, the preference not
to assess the Ohman proprty, the possibility of an agreement with the County
as the result of the contribution of the County Road.
PROJECT #380 - SUNSET 2ND ADDITION
The next hearing convened by the Mayor concerned Project #380, Sunset 2nd
Addition, storm sewer. The owner/developer requested a continuance of this
hearing to September 20, 1983 due to the possiblity of private installation of
storm sewer. Egan moved, Wachter seconded the motion to continue the hearing
to September 20, 1983. All members voted in favor.
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RIDGECLIFFE - VACATION OF EASEMENTS
The public hearing regarding the vacation of drainage and utility ease-
ments over portions of Ridgecliffe 1st and 4th Additions was convened by Mayor
Blomquist. Director of Public Works Colbert requested that the Council con-
tinue the easement vacation hearing to October 4 to insure that the property
is replatted to provide for replacement of the easements to be vacated. Smith
moved, Wachter seconded the motion to continue the hearing to October 4, 1983.
All voted yes.
PROJECT #297 - HORNE ASSESSMENT APPEAL
The Horne assessment hearing was next convened by the Mayor. Director of
Public Works Colbert advised the Council that this item was to have been on
the Council agenda so that the matter might be continued. Egan moved, Wachter
seconded the motion to continue the hearing to September 20, 1983. All voted
in favor.
REVISED PRELIMINARY PLAT - KNOB HILL OFFICE SITES
The first item of old business concerned the application of Edmund B.
Dunn for a revised preliminary plat of Knob Hill office sites. Discussion
centered around the Declaration of Covenants and Restrictions requested by the
Council at the hearing on August 2, 1983 prior to approval of the revised
preliminary plat. Staff had not had an opportunity to review the draft Decla-
rations submitted due to its arrival on the afternoon of the hearing. Blom-
quist moved, Egan seconded the motion to continue the application to September
20, 1983 and recommended the staff work out the final details of the Declara-
tions specifically as they relate to street maintenance, snow removal, and
upkeep of developed and undeveloped lots. All voted yea.
COUNTRY STANDARD SERVICE STATION - PERMIT RENEWAL
The applicastion for conditional use permit renewal for Country Standard
Service Station which had caused considerable concern amongst neighboring
landowners was next considered. Several conditions had been agreed upon after
several meetings with neighboring owners, Mr. Maclntyre, and City Planner Dale
Runkle. Wachter moved, Egan seconded the motion to approve the conditional
use permit application subject to the following conditions:
1. All of the conditions originally established for the conditional use
permit of George Huber's station be incorporated into the conditional use
permit.
2. The existing hours of the station which are 6:30 a.m. to 9:30 p.m.
shall be changed to allow the operation from 6:00 a.m. to 9:00 p.m. with the
exception of weather or emergency situations.
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3. Signs shall be posted on the premises stating that there will be no
truck parking without permission.
4. There will be no operation of diesel equipment, including refrigera-
tion units after 7:00 p.m., and only very minor repairs and operations will be
allowed on Saturday mornings, with the understanding that this would not be
intrusive to the neighborhood.
5. The landscape plan approved by the residents and Mr. Maclntyre shall
be completed within one year of the time the conditions have been approved.
6. There shall be no storage of tractor-trailers overnight except those
which are being serviced by Country Standard. There shall be no more than 4
allowed to be stored at any one time overnight with the exception of an
emergency or an unusual condition.
All voted yes.
Turn lanes on to Highway #13 from LeTendre were also discussed and upon
motion by Smith, seconded Thomas, the staff was directed to investigate the
feasibility of such turn lanes. All voted in favor.
NATIONAL ADVERTISING
CONDITIONAL USE PERMIT FOR OUTDOOR ADVERTISING SIGN
The Council next considered the conditional use permit application from
National Advertising for an outdoor advertising sign on Trunk Highway #77.
City Administrator Hedges advised the Council that a representative of
National Advertising had contacted the City and requested that this item be
continued due to serious illness. Wachter moved, Egan seconded the motion to
continue the application to October 4, 1983. All members voted yea.
NAEGELE OUTDOOR ADVERTISING CO. - CONDITIONAL USE PERMIT
OUTDOOR ADVERTISING SIGN
Council then considered the application for conditional use permit from
Naegele Outdoor Advertising Co. for an outdoor advertising sign on Trunk
Wighway #77. Mr. Hedges indicated that no one was present on behalf of
Naegele with the understanding that the Naegele and the National Advertising
sign would be discussed at the same meeting. Egan moved, Smith seconded the
motion to continue the matter to October 4, 1983. All voted yes.
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SENIOR CITIZEN - FIRST TIME HOME BUYER PROGRAM
Representatives of Miller & Schroeder Municipals, Inc. were present to
discuss the Senior Citizen/First Time Home Buyer Program, indicating that West
St. Paul was to construct the housing for the elderly with $3,000,000.00 to be
available for first time home buyers in Eagan. It was indicated that bonds
would be issued in mid-November and mortgage money possibly available early
next year. Upon motion by Smith, seconded Thomas, it was resolved that the
program be approved with mortgage funds available on a City-wide basis for
both new and used homes with no specific developer intended; further, that
criteria were to be based upon those used for the last low-interest tax exempt
mortgage program issued by the City. All voted yea.
REZONING & PRELIMINARY PLAT - HORSE RACING TRACK FACILITY
The first item of new business concerned the application of Laukka-Beck
and the Minnesota Jockey Club, Inc. for preliminary plat approval and rezoning
of 458.1 acres to include a race track facility, retail office and office
showrooms. At the Mayor's request, this hearing was recorded and such re-
cording is a part of these Minutes pursuant to City Policy. Mr. Peter Jarvis
made a summary presentation on behalf of Laukka-Beck and Minnesota Jockey
Club, Inc. Many points of concern were discussed, including zoning, platting,
development contract, traffic comparisons with other race tracks, industrial
revenue bond financing, and tax increment financing. It was suggested that
the City staff review social and economic implications of the proposed horse
racing facility and a report be submitted for future consideration by the City
Council. Concerns were raised by Mayor Blomquist and other councilmembers
regarding issues relating to comparable race facilities throughout the country
and the Mayor suggested a continuance to allow additional information to be
acquired. Upon motion by Egan, seconded Wachter it was resolved to continue
the matter for consideration of the application until September 20, 1983 with
staff to provide additional information including comparisons with similar
race tracks and the need to amend the Comprehensive Guide Plan. All members
voted in favor.
TELECOMMUNICATIONS SYSTEM - AWARD CONTRACT
City Administrator Hedges presented to the Council the bids received for
a new telecommunications system to be installed in the new Eagan Municipal
Center facility. Upon motion by Smith, seconded Wachter it was resolved to
approve the low bid of Executone in the amount of $29,283.00, which is within
the approved budget and to allow for the method of payment to be determined at
a later date. All voted yes.
ADVERTISEMENT FOR BIDS - FLOOR COVERING & FURNISHING
EAGAN MUNICIPAL CENTER
Jack Boarman was present and presented to the Council the proposed color-
ation of carpeting, tile, files, screens and chairs proposed for the new
Municipal Center. Upon motion by Wachter, seconded Thomas it was resolved to
authorize the advertisement of bids by the City Clerk for the recommended
furnishings. All voted yea.
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CONTRACT #83-13 - PARK RIDGE TRUNK WATERMAIN
AND
ROBERT B. LEWIS SANITARY SEWER
The Council reviewed the bids received for Contract #83-13, Park Ridge
watermain and Robert B. Lewis House sanitary sewer. Upon motion by Egan,
seconded Wachter it was resolved to continue consideration of bids received
and subsequent award of contract until September 20, 1983 when the public
hearing for Project #385 will have been completed. All members voted yes.
CONTRACT #83-14 - ADVERTISEMENT FOR BIDS
WALDEN HEIGHTS - TRUNK STORM SEWER
The Council then considered the detailed plans and specifications for
Contract #83-14, Walden Heights trunk storm sewer. Upon motion by Smith,
seconded Wachter it was resolved to approve the detailed plans and specifica-
tions for the Walden Heights trunk storm sewer, Contract #83-14 and authorize
the advertisement for bids to be opened at 10:30 a.m. on Thursday, September
15, 1983 at City Hall. All voted in favor.
CONTRACT #83-15 - ADVERTISEMENT FOR BIDS
LEXINGTON PLACE - UTILITIES
The detailed plans and specifications for the installation of utilities
in Lexington Place for Contract #83-15 were considered by the Council.
Director of Public Works Colbert recommended approval of the detailed plans
and specifications for installation of utilities in Lexington Place prepared
under Contract #83-15. He also advised that the owner of Carriage Hills Golf
Course had not approved an easement crossing a 16 1/2 foot cartway. Egan
moved, Thomas seconded the motion to approve the plans and specifications for
Contract #83-15 and authorize the advertisement for bids with a bid opening to
be held at 10:30 a.m. on Thursday, September 29, 1983 at City Hall; further,
that the City Attorney be authorized to proceed with Condemnation, if neces-
sary, for the crossing of the 16 1/2 foot strip of land owned by William Smith
with an agreement to be entered into with the benefited developers to pay for
the cost for the acquisition of such easement. All voted yes.
GRADING PERMIT APPLICATION - SUNCLIFF 1ST ADDITION
The Council considered the grading permit application from Advance
Developers, Inc. for grading and excavation of Suncliff 1st Addition. Wachter
moved, Smith seconded the motion to approve the grading/excavation permit
submitted by Advance Developers, Inc., necessary for the development of
Suncliff 1st Addition submitted to comply with all City requirements. All
members voted yea.
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STOP SIGN PETITION - BURNSIDE AVENUE & EAGAN AVENUE
A Petition requesting installation of stop signs on Burnside Ave. at the
intersection with Eagan Avenue was reviewed. City Engineer recommended a two-
way stop rather than a four-way stop. Upon motion by Thomas, seconded Egan,
it was resolved to approve two stop signs for only one of the streets, until
such time as it shall be determined that a four-way stop would be necessary.
All voted yea.
CONTRACT #82-13 - FINAL PAY REQUEST
Staff has recommended approval of the final payment and acceptance for
perpetual maintenance after having made final inspections under Contract #82-
13 consisting of trunk watermain in Brittany 4th Addition. Egan moved, Thomas
seconded the motion to approve the final payment of $3,412.85 for Contract
#82-13 to Encon Utilities, Inc. and to accept the related improvements for
perpetual maintenance. All voted in favor.
TRUNK AREA SANITARY SEWER ASSESSMENT RATE POLICY REVISION
The staff advised the City Council that one developer had requested con-
sideration and discussion pertaining to the funding requirements for acquisi-
tion of easements necessary for the extension of all trunk-related utilities
and/or streets for Project #361 and all future projects that may be impacted.
Council resolved to retain the procedure presently being utilized and gave
staff no direction for future change.
VERMILLION RIVER WATERSHED RESOLUTION
Upon motion by Wachter, seconded Egan, it was resolved to approve the
resolution requesting the deletion of Eagan from the Vermillion River Water-
shed District and authorize the Mayor and City Clerk to execute the Resolution
presented. All voted yes.
R 83-56
LOT VARIANCE - DAVID AND NANCY CRANE
It was brought to the Council's attention that David and Nancy Crane were
requesting a variance for the construction of a home on a lot in Oak Chase.
It was pointed out by Mayor Blomquist that Mr. and Mrs. Crane are attempting
to construct a house on a lot in Oak Chase which has very serious topographi-
cal hardships at the corner of Oak Chase Circle and Oak Chase Road. Upon
motion by Smith, seconded Egan it was resolved to approve the variance prior
to public hearing only after approval of the variance by neighboring land
owners. All voted yes.
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AIRPORT NOISE
It was brought before the Council that Tim Anderson had advised City
residents that the Metro Airports Commission had again conducted a new experi-
ment with air flight patterns over the City of Eagan. There was discussion
regarding the possibility of Eagan residents joining in a class action or
intervening in a class action suit against the airport. It was requested that
legal staff advise the Council as to recommended courses of action to take.
CHECKLIST
Wachter moved, Blomquist seconded the motion to approve the following
checklist: September 6, 1983
All voted yes.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:20 p.m.
All voted in favor.
DGK
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City C ~rk
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