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01/17/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 17, 1984 A regular meeting of the Eagan City Council was held on Tuesday, January 17, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor' Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Rosene, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as pre- sented. All voted yes. MINUTES January 3, 1984 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the Minutes. All voted in favor. DEPARTMENT HEAD BUSINESS There were no items designated under Department Head Business. CONSENT AGENDA Mr. Colbert discussed Project #349 concerning the feasibility report for the Blue Gentian Road area, and Project #372 regarding the feasibility report for I-35E utility crossings and streets, with the Councilmembers. He recom- mended that the feasibility reports be received and the public hearings be scheduled, although federal funding has not been completed by the Minnesota Department of Transportation. However, MnDOT is committing state funding and indicated that on February 24, 1984 the advertisement for bids will be placed by MnDOT to be opened on April 1, 1984. He explained the participation in the projects by the City of Eagan proposed for street and utility projects and the need to acquire Council direction concerning assessments. There was discus- sion concerning the policy regarding residential, commercial and industrial equivalent assessments and it was recommended the City treat owners basically equal for comparable improvements. The following consent agenda items were recommended for approval by the staff: 1. Contractors' Licenses. It was recommended that the Council continue the consideration of contractors' licenses until February 7, 1984. 1 Council Minutes January 17, 1984 2. Elizabeth Witt _ Deputy City Clerk. It was recommended that Eliza- beth Witt be designated as Deputy City Clerk since the Administrative Assis- tant's position in Finance will be assuming Deputy City Clerk responsiblities. It was also recommended that Loreen Lee be removed as Deputy City Clerk as part of the reorganization in Administration and Finance. 3. Personnel Matters. It was recommended the following persons be considered for the respective positions: Judy Jenkins and Karen Finnegan be recognized as full time permanent instead of full time temporary, each working 20 hours per week; Holly Duffy be selected to fill the Administrative Assis- tant's position within Administration; Liz Witt selected to fill the Admini- strative Assistant position in Finance; James L. Sturm be selected under the MEED program as a landscape architect/planner to work in the Park Department for the duration of the MEED program, which is 6 months; that Marilyn Wucherpfennig be hired in the position of Receptionist/Clerk Typist. 4. R. C. Dick's Foods - Off Sale Non-Intoxicating Liquor License. It was recommended that the transfer of the off-sale non-intoxicating malt liquor license to R. C. Dick's Foods (formerly Applebaums) be approved. 5. I-35E Utility Crossings, Feasibility Report _ Project #372. It was recommended the feasibility report for Project #372 consisting of utility crossings and street for I-35E be accepted and that a public hearing be scheduled for 7:00 p.m. on February 21, 1984 at the City Hall. 6. Blue Gentian Road - Streets - Project #349. It was recommended the feasibility report for Project #349 consisting of street improvements for Blue Gentian Road be received by the Council and that a public hearing be scheduled at the City Hall for 7:00 P.M. on February 21, 1984. 7. Lexington Avenue - Street Vacation. A petition has been received from a property owner requesting the existing alignment of old Lexington Avenue south of County Road #30 be vacated in conformance with the approved preliminary plat of Kensington Place. It was recommended that the Petition be received and that the public hearing be scheduled for the street vacation for old Lexington Avenue for 7:00 p.m. on February 7, 1984 at the City Hall. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved as recommended. All voted in favor. 2 Council Minutes January 17, 1984 ALMQUIST LAKE - PUBLIC HEARING - PROJECT #393 The Mayor then convened the public hearing concerning Project #393 re- garding trunk storm sewer outlet to Almquist Lake. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene reviewed the report in some detail. He indicated the only need is to add two pumps, noting that the building and the storm sewer pipe had already been installed. Several neighboring owners appeared with questions and it was noted that no new building will be planned. There was concern primarily about the gravel access road to be installed and requested the gravel road be eliminated, if possible. The concern was that public access to the pond would be used by people in the area. Mr. Colbert explained the need for routine maintenance and recommended the gravel base road be installed to handle necessary equipment for maintenance purposes. He stated that there would be a gate at Covington Lane and recommended there be no change in the plans. After discussion, Wachter moved, Smith seconded the motion to close the hearing, to order in the project and to order the plans and specifications. All voted in favor. PROJECT #373 - CEDARVALE 2ND ADDITION STREET & STORM SEWER HEARING The next public hearing convened by Mayor Bea Blomquist concerned Project #373 regarding streets and storm sewer improvements in Cedarvale 2nd Addition. On December 6, 1983 the City Council received the feasibility report after having the consulting engineers and the public works department study the project for many months. Mr. Rosene and Mr. Colbert reviewed the project and stated that many meetings have been held with affected property owners, noting that Perkins and Rax had originally asked for changes in the street alignment, including storm sewer with proposed access directly to Cedarvale Blvd. The owners of the Mister Donut Restaurant requested there be no change in access but only upgrading the access locations. Several alternates were also shown graphically and it was noted that cost estimates are available for each. Mark Koob of Minnesota Federal appeared and objected to sharing in costs for street improvements along Country Club Market. There was considerable discussion concerning various alternates and Councilmembers generally recommended that the entire frontage area from Silver Bell Road to Rahn Road be improved. Greg Blaufuss of Perkins Restaurants, stated that Perkins is anxious to have the City approve the project and commence the work. There were questions con- cerning whether the Rax and Perkins owners should help pay for the public street and it was noted that the liability issues and adequate access for each of the businesses were issues that should be further studied. Blomquist moved, Smith seconded the motion to continue the hearing until a further meeting and to invite all affected property owners to a Council workshop session to discuss the various alternates. Dick Stryker also was present and stated he did not object to the upgrading of the public street. All voted in favor. 3 Council Minutes January 17, 1984 LIQUOR LICENSE POLICY CHANGE Mr. Hedges stated that a request from the two licensees holding the inoperative licenses have been contacted concerning the proposed liquor license policy change and responses have not been received. He recommended continuance. Smith moved, Thomas seconded the motion to continue the request for off-sale liquor license policy change and also the application of Perrier & Associates, Inc. for off-sale liquor license in Hilltop Plaza until the February 7, 1984 regular meeting. All voted in favor. LEXINGTON SOUTH PARKLAND DEDICATION The Advisory Parks and Recreation Commission reviewed proposed Lexington South Planned Unit Development parkland dedication in some detail at its meeting on January 5, 1984 and also a special meeting on January 10, 1984. Jim Curry was present at the current meeting and Park Director Ken Vraa reviewed with the Council proposed locations for parks proposed to be dedi- cated by Mr. Curry in the Lexington South PUD to fulfill all park dedication requirements. Proposed land to be dedicated would consist of 102.1 acres after the application of credits, noting 115.3 acres would be required with 13.1 acre deficiency including a 1.4 acre Outlot sought for Capricorn Park with 142 gross acres initially shown on the PUD for dedication of park. It was also proposed to spread park contribution in the commercial area at the rate of $1,000.00 per acre, noting there are about 160 acres in the commercial area with a 10% escalator clause annually, which contributions would be made at the time of grant of building permits for each commercial building, according to City policy. Mr. Curry agreed with the proposal of the APRC and also stated that he would gift approximately 8 acres in the proposed Westbury plat without cost or park credit. After extensive discussion, Thomas moved, Egan seconded the motion to accept the recommendations of the Advisory Park and Recreation Commission as far as park land dedication within the Lexington South PUD and that the staff and the developers proceed to complete the dedication of land, if possible during 1984. All voted in favor. WESTBURY ADDITION - PRELIMINARY PLAT The next matter considered by the Council was the application of Gabbert Development Co. for preliminary plat approval of Westbury Addition consisting of 47 acres and containing 129 single family lots and 28 twin-home lots. Mr. Gabbert briefly reviewed the proposal made at the regular meeting of January 3, 1984 and stated that the developer and owner would give the Council an option whether to accept the proposed park land for park or to continue the lot lines of the single family lots to the west property lines. It would make a reduction in density from 3.79 units per acre to 3.1 units per acre if the property is not dedicated as park land. Councilman Wachter was concerned 4 Council Minutes January 17, 1984 about the liability and maintenance responsibilities if the property is deeded and therefore, stated that because it is not intended to be part of the park program, he recommended against acceptance of the dedication. Councilman Smith favored accepting the property for long-term benefit. Wachter then moved to approve the application for preliminary plat approval, subject to the Advisory Planning Commission recommendations, but that the park not be accepted by the City. There was no second and the motion died. Mr. Vraa suggested that if the property is accepted, it be accepted as open space and not as park land. Councilman Egan stated that he felt that the increase in the lot value would be nominal and that the increase in the tax base would be very small if the property is not accepted for open space. Smith then moved, Thomas seconded the motion to approve the application for preliminary plat and accept the land as open space, without cost to the City or park credit to the developer, including the following conditions: 1. That an easement or title transfer of a parcel up to 20 foot wide be dedicated to the City of Eagan for access to the open space property at such location designated by the City staff. 2. The plat shall be subject to Dakota County Plat Commission review since it abuts on a County Road (Lexington Avenue). 3. A homeowners association shall be organized for the twin homes. Bylaws and restrictions shall be submitted and shall be reviewed and approved by the City prior to the approval of a final plat. 4. All buildings and garages shall meet the minimum setback require- ments established in Chapter 11 of the Eagan City Code. 5. The developer shall be required to construct an eight-foot asphalt trail, to the minimum specifications approved by the City Engineer, along Lexington Avenue. The developer shall also be required to provide the neces- sary 10 foot right-of-way for the development of a trial. 6. A detailed landscape plan shall be prepared for those lots which back upon Wescott Road and Lexington Avenue in order to provide a rear yard screen. This landscape plan shall be submitted for staff review with the final plat and approved by the City Council with the approval of the final plat. 7. If the applicant requests a model home and/or sales office, it shall be approved by the City with the approval of the final plat. 8. An architectural review board shall be organized by the developer and shall assure that an architectural theme be complied with. 9. No additional variances will be allowed other than those authorized under the application for lot sizes and widths. 5 Council Minutes January 17, 1984 10. Any costs incurred due to the necessity of the relocation of the Williams Brothers pipeline under the Wescott Road access shall be the sole responsibility of this development. 11. A 55 foot half right-of-way shall be dedicatd for Lexington Avenue. 12. All internal easements shall be dedicated in accordance with staff recommendation. 13. This development shall be responsible for the trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 14. All costs associated with the internal streets and utilities shall be the sole responsibility of this development. 15. The developer shall pursue acquisition of the 10-foot strip along Wescott Road to move the access road to Wescott further west than proposed. 16. Lot sizes will conform to the preliminary plat as proposed with the exception of necessary lot changes due to road installation. All voted in favor except Wachter who voted no. SEE PLAT FILE NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT An application from Naegele Outdoor Advertising Co. for conditional use permit for advertising sign located in the southwest quadrant of Nicols Road and railroad right-of-way on Trunk Highway #77 was then considered by the Council. It was noted that an application by National Advertising Co. for an advertising sign near the same location was denied at the Council meeting on Decemebr 20, 1983 and the present application has been continued several times since late summer 1983. The Advisory Planning Commission recommended denial. Mr. Runkle reviewed the application and a representative of Naegele was present to answer questions. Discussion primarily dealt with size and height, noting that the height proposed extends 19 feet above the roadway level and 50 feet above the lot level with the proposed sign 468 square feet which would require approval by the City Council when on a limited access highway. After discussion, Smith moved, Thomas seconded the motion to approve the applica- tion, including the proposed size at 468 feet and the height of the sign 50 feet above the lot level, with the understanding that the existing Naegele sign on old Cedar Ave. be removed at the railroad right-of-way and further, subject to all other sign ordinance requirements. Those in favor were Smith, Thomas and Egan. Those against were Blomquist and Wachter, with Councilman Wachter indicating that the advertising sign would create a blight within the Minnesota Valley area entering Eagan. 6 rj Council Minutes January 17, 1984 NAEGELE OUTDOOR ADVERTISING CO. - CONDITIONAL USE PERMIT APPLICATION An application by Naegele Outdoor Advertising Co. for a 360 square foot sign with extenders on the northwesterly access road of Highway #13 and Trunk Highway #77 was considered by the Council. A representative from Naegele was present and it was noted that the sign appeared to comply with City ordinances except for the sign square footage. It was further noted that the ramp was on a limited access road and the representative indicated that the objective is for a standardized sign for advertising purposes. The location will be on the Sill Addition industrially zoned property and it was noted that the sign must be removed at the time of the sale or development, according to the lease. Smith moved, Egan seconded the motion to approve subject to the following: 1. The sign will be removed upon sale or development of any of the Michael Sill Addition property. 2. The sign shall not exceed 372 square feet plus extensions for a maximum of 450 square feet. 3. Subject to all other sign ordinance requirements. Those in favor were Egan, Smith and Thomas. Against were Wachter and Blomquist. ORGANIZATIONAL BUSINESS FOR 1984 1. Acting Mayor. Councilman James Smith was reappointed by the Mayor as the acting Mayor for the City of Eagan for the year 1984. 2. Legal Newspaper. Wachter moved, Egan seconded the motion to desig- nate the Dakota County Tribune as the legal newspaper for 1984, noting the Chronicle has terminated legal notice publications. The Tribune publishers have indicated that the Eagan This Week will include the legal notifications also, even though it is not eligible as a legal newspaper. All voted in favor. 3. Depositories. Smith moved, Thomas seconded the motion to retain the same depositories according to the schedule that is attached to the packet with the understanding that the City Administrator will present information to the Council at a later time concerning RFPs for the general depository. All voted yea. 4. Posting Place. Egan moved, Wachter seconded the motion to designate the Eagan Municipal Center and the legal newspaper as the official posting places with the understanding that notice will also be posted in the Police Department lobby, unofficially. All voted yes. 7 Council Minutes January 17, 1984 5. Advisory Planning Commission Appointments. The following persons have indicated an interest in becoming members of the Planning Commission in addition to Charles Hall and Garrett Mulrooney who have applied for reappoint- ment. They include Vic Ellison, Scott Merkley, Roy Taylor and James D. Wannigman. Upon secret ballot, Charles Hall and Garrett Mulrooney were elected for three year terms and Scott Merkley as an alternate for one year. 6. Advisory Park and Recreation Commission Appointments. It was noted there are three openings for three year terms and those reapplying for a membership are Mike Fedde, Roger Martin and Sandra Masin. New applicants were Tom Ketchum, Thomas R. Parker and David Reilly. Those elected were Tom Ketchum, Sandra Masin and Roger Martin. 7. Park and Recreation Commission Task Force. At a special joint meeting of the City Council and the APRC of November 22, 1983, it was recom- mended that the special citizens task force be developed to review the working proposal of the APRC in anticipation of the park bond referendum. On December 6, 1983, the task force was established and 21 persons have been nominated to the task force. The names were reviewed by Councilmembers and Egan moved, Wachter seconded the motion to appoint the 21 persons and further, that Park Committee members and Planning Commission members be invited to join the task force. All voted in favor. 8. Air Traffic Noise Committee. A committee has been designated by the City Council to study the impact of noise on the City residents and businesses and to make recommendations to the City Council for methods to alleviate excessive air noise. Those expressing an interest were Tom Baker, Don Giblin, John Gustin, Joe Harrison, Bart Schmidt, Roger Sperling, Dick Victor and Bob Swenson. Wachter moved, Smith seconded the motion to appoint the foregoing persons subject to acceptance by each of them. All voted in favor. 9. Assessment Committee. It was noted that Art Rahn has resigned as a member of the Assessment Committee. Blomquist moved, Egan seconded the motion to accept the resignation of Rahn and to appoint Don Knight, Dale Vogt, Mayor Blomquist, Councilmember Egan, or Advisory Planning Commission member desig- nated by the Commission, and in addition, Bill Rydrich as a member of the Assessment Committee. All voted in favor. It was also suggested that a member of the Park Committee be invited to join the Assessment Committee. 10. Health Officer. Dr. Arthur Wineman of the Cedarvale Medical Clnic has been contacted and agreed to serve as Health Officer for the City for 1984. Upon motion by Smith, seconded Wachter, it was resolved that Dr. Wineman be so selected. All voted in favor. 11. City Council Meetings. Upon motion by Egan, seconded Thomas, it was resolved that the City Council meet regularly on the 1st and 3rd Tuesday of each month at 6:30 p.m. at the Eagan City Municipal Center. All voted yea. 8 r p. Council Minutes January 17, 1984 12. Committee Appointments. Mayor Blomquist appointed the following persons to the committees designated: Personnel Committee - Councilman Ted Wachter and Councilman Jerry Thomas with Jerry Thomas as Chairman. Finance Committee - Councilman Smith and Mayor Blomquist as Councilman Smith as Chairman. Community Development & Public Relations Committee - Council- members recommended and the Mayor designated the Committee as Liaison to the Star City Program committee with Councilman Smith as Chairman. Public Works Committee - Councilman Thomas and Councilman Egan with Councilman Egan as Chairman for 1984. APRC Liaison - Councilman Thomas was reappointed as the Liaison to the Park Commission. Advisory Planning Commission Liaison - Councilman Egan was reappointed as the Liaison from the Council. 13. Fiscal Consultant. Upon motion by Smith, seconded Egan, it was resolved that Miller & Schroeder Municipals be appointed as the Eagan Fiscal Consultant for 1984. All voted yea. 14. Legal Consultant. Egan moved, Wachter seconded the motion that the firm of Paul Hauge & Associates be reappointed as the legal consultants for the City for the year 1984, with the schedule of proposed legal fees approved as submitted. All voted in favor. 15. Parks Planning Consultant. Smith moved, Egan seconded the motion that the firm of Urban Planning & Design was appointed according to the fee schedule submitted as the planning consultant for 1984 and the firm of Erkkila & Associates as Park Planning Consultants for 1984. All voted yea. A. J. ADDITION - PRELIMINARY PLAT The application of Tri-Land Company, Inc. and Bradley Swenson for pre- liminary plat approval of A. J. Addition containing two single family lots was next reviewed by the Council. Mr. Runkle reviewed the background, noting that an application for approval of the preliminary plat had been submitted in August of 1983 and was denied, based on health and safety factors. The change was from 3 to 2 single family lots, with access for one lot to Lone Oak Road and one to Eagan Avenue. The Advisory Planning Commission made no recommenda- tion due to a 3 - 3 vote. There were no objections at the present time and Mr. Swenson was present to answer questions. Smith moved, Thomas seconded the motion to approve the application, subject to the following recommendations: 9 Council Minutes January 17, 1984 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. Water area, sanitary sewer area, and lateral benefit from trunk water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. All voted yes, except Councilman Egan abstaining. SEE PLAT FILE BERKSHIRE PONDS - PRELIMINARY PLAT The application of Derrick Land Company for rezoning from A (Agricultural) to R-1 Planned Development to allow for deviation from the R-1 zoning district lot sizes and lot width requirements and preliminary plat approval of Berkshire Ponds containing 26.95 acres with 73 single family lots was presented to the Council. The Advisory Planning Commission on December 15, 1983 recommended approval of both applications, subject to conditions. Mr. Runkle reviewed the background and also the action of the Park Committee wherein it did not recomend acceptance of land for proposed park purposes. He noted there were two changes in the recommendations from the original proposal in that now the lots 10 Council Minutes January 17, 1984 have a minimum 65 foot lot width at the 30 foot setback and turn arounds have now been provided on all lots fronting on Galaxie Avenue. Dave Sellergren, attorney, appeared for the applicant and noted that access could be acquired directly north to the land zoned RB. He also reviewed a letter that he had submitted dated January 10, 1984 arguing that the site is isolated from the standard single family lot developments, that the proposal is better adapted to the physical setting and the surrounding lands, it is located between a community collector street and I-35E and that the smaller lots are consistent with the needs of potential home buyers. He recommended that the City accept the open area for park purposes and noted that if the area was not accepted that the lot lines would be extended to the westerly boundary line. Council- man Wachter was concerned about the undersized lots and Councilmembers generally opposed taking the land for park purposes according to the APRC recommendation. They discussed the possible alternate of a homeowners asso- ciation to maintain the open space. Smith moved, Thomas seconded the motion to rezone the property to R-1 Planned Development. There was discussion concerning a housing density study prepared by intern Ed Meister dated January 1984. Councilman Egan recommended reviewing the housing section of the Com- prehensive Guide periodically and that the housing density report be reviewed in detail. All voted in favor. Smith then moved, Thomas seconded the motion to approve the application for preliminary plat approval, subject to the following conditions: 1. The City shall not accept the proposed land for park purposes, but recommended that a homeowners association be considered to own and maintain the proposed open space. 2. A planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 3. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 4. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed). 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP-16 lost to the proposed grading. 11 19 Council Minutes January 17, 1984 8. An approved method of interconnecting the two ponds incorporating Pond AP-16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for automobile turn around. 11. The north-south dead-end street shall be eliminated and replaced with a cul-de-sac. 12. Ponding easements incorporating the high water elevation of Pond AP- 16 shall be dedicated as a part of this plat. 13. All internal easements shall be dedicated as required by staff. 14. The southerly east-west publicly-dedicated right-of-way shall be 60 feet. 15. Adequate right-of-way for Galaxie Avenue shall be dedicatd to pro- vide a 50 foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the tme of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. All voted yea. SEE PLAT FILE JEFFREY KELP - SETBACK VARIANCE - WESCOTT ROAD The application of Jeffrey and Diane Kemp for 20 foot side setback variance to the 50 foot requirement along Wescott Road for single family home was presented to the Council. The lot was Lot 1, Block 3, Drexel Heights Addition and it was noted by Mr. Runkle that an approximately 20 foot gap, due to the section line separation along Wescott Road increased the distance from the road right-of-way for the proposed house. Mr. and Mrs. Kemp were present and explained the terrain features of the property and the reason for their request. Wachter moved, Egan seconded the motion to approve, noting the hardship and special circumstances involved, subject to the following: 1. A minimum of 30 feet shall be maintained from the southerly property line. 12 Council Minutes January 17, 1984 2. All other required ordinances be adhered to. All voted in favor. MUNICIPAL CENTER CHANGE ORDERS AND FINAL FEES Tom Hedges reviewed with the Council the proposed final change orders for the Municipal Center, including emergency lighting and elevator equipment room. Also, Jack Boarman was present and requested approval of the final architects fee which had now been compromised in some detail with the City Administrator and the City Adinistrator recommended approval. Smith moved, Egan seconded the motion to approve Change Orders #3 and #4 and to approve the final architectural fees. All voted yes. PUBLIC OFFICIALS LIABILITY INSURANCE It was noted that the renewal premiums recommended by Unimark for public officials' liability insurance reflected a 42% increase and therefore, the Finance Director and City Administrator recommended new quotes for the insur- ance. Bruce Medvec, the agent of record, has now received quotes from St. Paul Surplus Lines Insurance Company and L. W. Biegler Company of Chicago representing International Surplus Lines Insurance Company. The L. W. Biegler bid was for $9,300.00 for a three-year period and was recommended for approval. Wachter moved, Thomas seconded the motion to accept the recommenda- tion of the staff and Mr. Medvec and award the insurance contract to L. W. Biegler Company. All voted yes. JOINT POWERS AGREEMENT - DEVELOPMENT OF LEGISLATIVE PROGRAM The City Council had authorized the concept of entering into a joint powers agreement to hire a lobbyist with several other metropolitan suburbs and City Administrator Tom Hedges has met with representatives of several suburban communities. Interviews have been held with bidders for the lobbying position and he recommended that a one year Joint Cooperative Agreement with the metropolitan suburbs be entered into and the Mayor and Clerk be authorized to execute the Agreement. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. R 84-1 13 Council Minutes January 17, 1984 NON-UNION COMPENSATION FOR 1984 It was proposed that all non-union personnel receive a 4.5% increase in salary for 1984 and that the City qualify an IRS program to allow certain tax consideration for employee amounts contributed and payment for insurance premiums. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved and to authorize the City Administrator to prepare a request for proposal and to authorize an IRS ruling to allow before-tax adjustment for insurance contributions for such employees, and further to authorize the City Administrator to prepare a request for proposal and solicit quotes from reputable firms offering analysis work and salary compensation studies. All voted yea. 1984 POLICE ASSOCIATION CONTRACT The Police Association has agreed to a one-year contract totaling approximately 4.5% and the City Administrator recommended approval. Upon motion by Wachter, seconded Thomas, it was resolved that the recommendation and the contract be approved. All voted yes. LONE OAK TREE The City Administrator and Parks Director have discussed with Kent Nerburn, 2650 Irving Ave. North, Minneapolis, Mr. Nerburn's proposal to pre- serve a portion of the Lone Oak Tree for the preparation of a sculpture for the City. Information concerning Mr. Nerburn's qualifications had been dis- tributed to the Council and councilmembers concerns included primarily the proposed cost. Mr. Hedges was asked to contact Mr. Nerburn and acquire further information, particularly regarding cost of such a project. BOOSTER STATION & RESERVOIR LAND ACQUISITION LEXINGTON SOUTH Negotiations have taken place between the staff and Jim Curry of Lexing- ton South concerning the purchase by the City of a 1.5 acre parcel for a water booster station reservoir on Lexington Avenue north of Diffley Road. The Public Works Director and Consulting Engineer recommended approval of the property to be purchased at $22,000.00 per acre or $33,000.00 for 1.5 acres. There was discussion concerning payment of 1984 taxes and the existing assess- ments totaling about $2,000.00. Mr. Curry was present and after discussion, Smith moved, Thomas seconded the motion to approve the authorization for acquisition of the property with the understanding that the real estate taxes for 1984 and all special existing, pending and levied assessments against the property be paid one-half by the City and one-half by the seller, and further that 1.5 acres be acquired for the sum of $33,000.00. All voted yes. 14 e 2Z' Council Minutes January 17, 1984 AMI4 LEGISLATIVE POLICIES The AMM Legislative Policies had been distributed to members of the City Council and it was recommended that they be approved subject to comments from councilmembers. It was recommended that a redefinition of urban district for purposes of setting the speed limits be reviewed by the AMM Board. No other changes were recommended. EAGANDALE CENTER - PARKS DEDICATION Mr. Hedges and Mr. Vraa have been meeting with representatives of North- western Mutual Life Insurance Company concerning the dedication of land or cash for property that's platted in the Eagandale Center Industrial Parks and it was recommended that a parcel of land on the east side of LeMay Lake be dedicated for park purposes. Considerable negotiations have taken place and it was recommended that the Council approve the acceptance of approximately 3.5 acres from Northwestern Mutual Life Insurance Company as proposed by the staff. Smith moved, Thomas seconded the motion to accept the recommendation and to authorize the completion of negotiations with the owners. All voted in favor. PARK DEDICATION FEES The APRC has reviewed park dedication fees presently charged by the City and recommended that the Council increase the park dedication fees by 5% to a base of $10,500.00 per acre, to be effective January 1, 1984, providing for $420.00 per single family unit, $348.00 per townhouse unit, and $265.00 per apartment unit. Justification for the change in fees was discussed by the Council and Mr. Vraa was present to answer questions regarding the proposed increase. Thomas moved, Wachter seconded the motion to approve the recommen- dations and order them implemented for park dedication purposes for 1984. All voted yea. MnDOT PLANS AND SPECIFICATIONS FOR I-35E CLIFF ROAD TO LONE OAK ROAD The plans and specifications for I-35E from Cliff Road to Lone Oak Road were submitted to the Council for review and discussion. Mr. Colbert explained the plans that were presented by the Minnesota Department of Trans- portation and recommended the Council approve them. Egan moved, Wachter seconded the motion to approve the detailed plans and specifications for S.P. 1982-65, 68, 100 (I-35E from Cliff Road to Lone Oak Road) and authorize the Mayor and City Clerk to execute the related documents. All voted yea. R 84-2 15 O'n"cza Council Minutes January 17, 1984 NORTHVIEW MEADOWS TRUNK UTILITIES - CONTRACT #83-2 The staff recommended final payment and acceptance of the Northview Meadows trunk and utilities under Contract #83-2, noting that $1,080.36 had been retained by the City because of the dispute that was submitted by George Trapp for damage allegedly occurring to his haybine pole, as a result of the construction activity in the vicinity of Northview Meadows subdivision. Staff recommended that the City authorize payment to Austin P. Keller Construction Co. of the remaining sum, noting that the staff members could not determine precisely who had caused the damage. Thomas moved, Smith seconded the motion to authorize the final payment, based upon the recommendation of staff. All voted yes. COACHMAN ROAD - FOUR OAKS ROAD FEASIBILITY REPORT Staff recommended the upgrading of Coachman Road and Four Oaks Road from Yankee Doodle Road to Trunk Highway #13 due to the recent development of Coachman Land Company 1st and 2nd Additions, Coachman Oaks Apartments and Condominiums, and Coachman Highlands townhouse development and pending Country Glen Condominiums. Egan moved, Wachter seconded the motion to approve the recommendation and authorize the preparation of feasibility report for Project #348. All voted in favor. CONTRACT #84-1 - TRUNK HIGHWAY #55 - LONE OAK ROAD Plans and specifications have now been received for Contract #84-1 con- sisting of trunk water main on Trunk Highway #55 and Lone Oak Road. Wachter moved, Egan seconded the motion to approve the plans and specifications and authorize the advertisement for bids to be opened at 10:30 a.m. on Thursday, February 16, 1984 at the Eagan Municipal Center. All voted in favor. SPEED LIMIT STUDIES The Public Works Director received a telephone request from a future resident concerning speed limits on Cliff Road adjacent to Park Cliff Addi- tion. Councilmembers directed the Public Works Director to make requests for speed limit determinations only when a reasonable percentage of residents affected in the area, petition for such speed limit reductions. UTILITY DEPARTMENT VAN Wachter moved, Thomas seconded the motion to authorize the purchase of a utility department van through the Hennepin County Purchasing Unit as recom- mended by the Public Works Director. All voted in favor. 16 Council Minutes January 17, 1984 FEBRUARY 5, 1984 - OPEN HOUSE The Council has designated an open house for the new Municipal Center for February 5, 1984 between 1:00 and 3:00 p.m. MUNICIPAL CENTER PLAQUE Mr. Hedges stated that the plans and specifications do not provide for a plaque dedicating the new Municipal Center and recommended the approval of a plaque to be purchased from St. Paul Stamp Works, Inc. in the estimated cost of $700.00. Smith moved, Thomas seconded the motion to approve and implement the recommendation. All voted affirmatively. RACE TRACK RESOLUTION Councilman Smith submitted a proposed Resolution concerning diversion of air flight patterns over the race facility area, noting that the Council is strongly opposed to present flight patterns over residential areas. Smith moved, Thomas seconded the motion to approve the Resolution concerning the location of air traffic over the race track facility to alleviate any objec- tion to deviation from the normal air traffic corridor. All voted in favor. R 84-3 ARTHUR RAHN - RESIGNATION Councilmembers requested that a letter of appreciation be forwarded to Art Rahn for his long-time service on the Eagan Assessment Committee. CHECKLIST Egan moved, Wachter seconded the motion to approve the following check- list dated: December 31, 1983 ; January - I 984 ;January 16 & January 17, 1984 $385,413.63 $190,751.95 $58,385.24 $724,348.58 All voted yea. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting at 1:00 a.m. All voted in favor. PHH Cit erk 17