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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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.
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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
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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.
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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
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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.
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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