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02/21/1984 - City Council Regular S, "O('3? MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 21, 1984 A regular meeting of the Eagan City Council was held on Tuesday, February 7, 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, Public Works Director Colbert, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as pre- sented. All voted in favor. MINUTES Councilmembers reviewed the proposed minutes for the regular meeting of February 7, 1984, with action to be taken on the Minutes at the next regular meeting. PROTECTIVE INSPECTIONS City Administrator Tom Hedges stated that during 1983, the 1978 Nova (used police car) was approved for replacement in the Building Inspection Department. The City authorized the purchase of a 1984 one-half ton (F100) pickup from Southview Chevrolet in the sum of $8,916.00 and it was noted that Southview will now offer a second pickup at the same price. The budget provided for $10,500.00 for 1984 for a replacement truck for the Chief Build- ing Inspector. Staff recommended the pickup be purchased with equipment certificates and upon motion by Smith, seconded Wachter, it was resolved that the recommendation be approved for the purchase of a 1984 one-half ton F100 pickup from Southview Chevrolet in the sum of $8,916.00, with the condition that the staff investigate the potential for purchasing a V-6 engine. All voted in favor. CONSENT AGENDA The following consent agenda items were presented by the staff and recom- mended for approval by them: 1. Personnel Items. It was recommended that Jeff McGuffee be hired under the Minnesota Emergency Employment Development Act (MEED) for six months at a rate of $4.00 per hour as a level one custodian. In addition, it was recommended that Steven Grimm, currently a cadet with the Eagan Police Depart- ment be appointed by the City Council as a full time police officer, effective March 1984. 1 Council Minus February 21, 1984 2. MEED Agreement. An agreement has now been received from Dakota County covering employment by the City of Eagan of MEED employees and it was noted that four persons are now employed under that program in the City. It was recommended that the Mayor and City Clerk be authorized to sign the MEED Agreement and the Agreement be approved. R 84-9 3. Knights of Columbus Bingo License. It was recommended that the City Council approve a bingo license for the Knights of Columbus for April 6, 1984 with Don Wilson O'Grady as the Bingo Manager. 4. Project #398 - Suncliff 2nd Addition. A Petition has been received from the developer of Suncliff 2nd Addition for the installation of streets and utilities to service the 2nd Addition. The developer has waived the right to notice of hearing and guaranteed costs associated with the feasibility report. It was recommended that the Petition from Advance Developers, Inc. be accepted and authorize the preparation of a feasibility report for Project #398 and the preparation of detailed plans and specifications. Upon motion by Smith, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved and implemented. All voted in favor. CINNAMON RIDGE 3rd ADDITION - CONTRACT #82-7 It was recommended that Change Order #2 to Contract #82-7 consisting of streets and utilities in Cinnamon Ridge 3rd Addition in three parts with an add of $4,713.08 , an add of $662.35 and an add of $1,561.54 for a total of $6,936.97 be approved and that the Mayor and City Clerk be authorized to execute the related documents. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing recommendation be approved. All voted in favor. YANKEE DOODLE RESERVOIR - REPAINTING - PROJECT #394 A feasibility report has now been received for the repainting of the Yankee Doodle Road 5 million gallon water reservoir, which has not been painted since its construction in 1971. Smith moved, Thomas seconded the motion to receive the feasibility report for Project #394 and to approve the preparation of detailed plans and specifications for Contract #84-4 to include an alternate for the City name to be painted on the tank. All voted yea. COUNCIL HANDOUTS The City Administrator distributed the following handouts to the City Council. a. 1984 Budget. 2 Council Minutes February 21, _984 b. Draft of Environmental Impact Statement for the Minnesota Jockey Club, noting that a hearing will be scheduled on the EIS on March 8, 1984. c. AMM 1984 proposed Legislative proposal. It was suggested that school zones be more thoroughly defined in the proposed Legislative revisions regarding speed limit zones. BLUE GENTIAN ROAD - PROJECT #349 - HEARING Mayor Bea Blomquist convened the public hearing concerning Project #349 consisting of streets and storm sewer improvements in the Blue Gentian Road area. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene detailed the feasibility report. A letter from attorney Howard Stacker on behalf of RES Investment Company and 494 Investment Company requesting that assessment issues be forwarded to the special assessment committee, was also introduced. After review of the project, interested persons in the audience had questions or made presentations. Mary O'Neill from the O'Neill Homestead area questioned whether there was benefit to the O'Neill First Addition by the proposed improvements. The relocation of Blue Gentian Road and the MnDOT acquisition of right-of-way north of the O'Neill First Addition was discussed. MnDOT has indicated that it would turn back that area of land and that the City could then vacate or convey the property to the adjoining property owners in the event the property owners so desire. There was considerable discussion concerning the alignment of Blue Gentian Road west of Trunk Highway 4149 and it was noted the alignment was intended to align with the entrance road of the Laukka-Beck commercial center. There were questions about the assessment method against the O'Neill area. Agnus Polzin was present and stated that no notice had been sent to the owners in her area but it was explained that that area will not be assessed. There were also questions about cutting down traffic on Blue Gentian Road and methods intended to be utilized, including signing, and the fact that the road will be in a rough condition which should discourage traffic. After 45 minutes of discussion, Egan moved, Smith seconded the motion to close the public hearing and approve Project #349 with the understanding that the con- cerns of Mr. Stacker will be forwarded to the Assessment Committee; further that the concerns of the O'Neill family will be reviewed by the staff and the council. Councilman Wachter suggested that the alignment of Blue Gentian Road to the west of #149 run south of the residential area, but it was noted that there was no plans for development of that land at the present time. Those in favor were Blomquist, Smith, Egan and Thomas; Wachter voted no. 3 Council Minutes February 21, 1984 I-35E STREETS AND UTILITIES - PROJECT #372 The next public hearing convened by Mayor Blomquist concerned street and utility crossings of I-35E, under Project #372. The feasibility report was reviewed by Mr. Colbert and Mr. Rosene consisting of a detailed report cover- ing all of the proposed installations of utilities and street work. Mr. Colbert indicated that it was important that the Council make a decision on the installation at the present time before the highway construction is com- menced. There was considerable discussion concerning proposed assessments, including street improvements. John Klein appeared on behalf of Leo Murphy and had questions concerning street assessments on the Murphy property. He suggested the Assessment Committee review the issues and had questions about access to Deerwood Drive and the Murphy road from the Murphy property. Marlene Doehling from Deerwood Drive, questioned assessments for streets along Deerwood Drive and it was noted that the City has participated in the cost and will assess normal City residential equivalents for residential property benefited by the improvements. John Klein also appeared for Francis Franz and questioned the assessments where MnDOT pays for the cost. Mr. Colbert explained the City cost participation and Mr. Klein asked that the issues be referred to the assessment committee. After one hour of discussion and re- view, Smith moved, Wachter seconded the motion to close the public hearing and approve Project #372, including the preparation of detailed plans and specifi- cations, noting the property owners can request referral to the Assessment Committee for proposed assessments. All voted in favor. GEORGE & MIRIAM NALL - VARIANCE - PILOT KNOB ROAD The application of George and Miriam Nall for a variance from the five acre provison, in order to keep horses on a 4 1/2 acre parcel on Deerwood Drive and Pilot Knob Road, was next brought before the Council. Mr. Dale Runkle, City Planner, reviewed the application and noted that the Advisory Planning Commission had recommended denial for specific reasons. Since the Advisory Planning Commission meeting, the applicant has discussed the issues with the neighbors and it was recommended that in the event that the Council approve the application, it be subject to the following: That a special permit be on a one year basis, that the permit be limited to three horses with adequate storage of grain, hay and disposal of manure and also adequate fences be installed. Miriam Nall was present as were Alyce and Ted Bolke. The Bolkes indicated there were no objections from neighbors if those conditions outlined above were implemented. Ms. Nall indicated that the applicant would conform with all City requirements and it was recommended that a three-wire fence with corner braces be included. Smith moved, Wachter seconded the motion to approve the application based upon the conditions mentioned above. Those in favor were Smith and Wachter; those against were Blomquist and Egan; Thomas abstained and the motion failed. 4 rti Council Minutes February 21, 1984 PERRY KIEFFER - DODD ROAD - CONDITIONAL USE PERMIT The application of Perry Kieffer for conditional use permit for commer- cial storage facilities in an agriculturally zoned district on Dodd Road was presented to the Council. The Advisory Planning Commission recommended approval subject to conditions on the 5 acre parcel. After a brief discus- sion, it was noted that the applicant was not present. Smith moved, Egan seconded the motion to continue the application until the applicant appears later in the meeting. All voted in favor. SUNSET 4TH ADDITION - PRELIMINARY PLAT The next application presented to the Council was the application of Tri - Land Company and Brad Swenson for preliminary plat approval of Sunset 4th Addition, consisting of 15.16 acres with 32 single family lots. The Advisory Planning Commission recommended approval of the application, subject to condi- tions. Dale Runkle introduced the application and reviewed the proposed street access from the west from Northview Meadows and explained the rough- ness of the topography. There was a question from Councilmembers concernng the bubble from the lots to the north, and the normal objection to the use of bubbles on streets. Brad Swenson was present as was Laura Marks on behalf of the applicant and explained the reasons for not splitting the south tier of lots, due to the steep terrain. He noted there was up to 18% slope and that the Comprehensive Plan recommends that lots not be approved in a maximum of 15%. He stated that neighborhood meetings have been held and everyone present at the meetings supported the design. He also noted there is a transition from smaller to larger lots from north to south and discussed Hackmore Drive. There was considerable discussion concerning the extension of Hackmore Drive to serve the property to the south and the need for funding of the road and utility improvements in Hackmore Drive. Mr. Sauter, a neighboring owner, submitted a letter and Mr. Travers, a property owner to the southeast, to- gether with other property owners in the general area were present. Gordon King was also present and recommended the outlots on the south tier of lots be included to protect the King land to the south so that the cost of the road and utility improvements could be shared. Mr. Travers favored large lot transition and Tom Colbert recommended that the property owner either provide for outlots on the south portion of the south tier of lots, or the posting of an escrow sufficient to cover future streets and utility improvements within the street. After lengthy discussion, Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. That the applicant be required to escrow sufficient funds to cover proposed street and utility improvements for Hackmore Drive. 2. That outlots be provided on the south portion of the southly tier of lots within the subdivision. 5 Council Minutes February 21, 1984 3. All lots shall meet the minimum R-1 zoning criteria which is 85 foot lot width and 12,000 square feet. 4. The applicant shall dedicate all easements as requested by City staff. 5. All other City ordinances shall be met. 6. A detailed grading and erosion control plan shall be submitted for staff review. 7. If utilities are to be installed privately, then the plans and specifications shall be prepared by a registered engineer and submitted to the City for approval. 8. Right-of-way for Yorktown Place shall be extended to the east boun- dary line of the Sunset 1st Addition. 9. This development shall be responsible for placing the gravel base for Yorktown Place. 10. A minimum 25 foot half right-of-way shall be dedicated for Hackmore Drive. 11. Utility and drainage easements shall be dedicated as referenced in this report. 12. All future costs for public improvements shall be the sole respon- sibility of this proposed development. 13. The developer shall submit a petition for the street improvement of Yorktown Place as a condition of final plat approval. 14. Utilities shall be extended to the east line of Sunset 1st Addition. All members voted in favor. SEE PLAT FILE BURNSVILLE-EAGAN CABLE CO iISSION UPATE Mr. Hedges and Councilman Smith reviewed the progress of the Burnsville- Eagan Cable Commission, noting there had been monthly meetings, together with considerable committee work. The single head end issue is being discussed by Cable Commission members and the Commission is proposing hiring staff personnel within the near future. 6 Council Minutes Ea 5, February 21, 1984 MnDOT - I-494 COST PARTICIPATION AGREEMENT Cost Participation Agreement #61824 with the Minnesota Department of Transportation covering I-494 was submitted by the staff and recommended for approval. Noting that Project #349 has now been ordered in, Egan moved, Thomas seconded the motion to approve the resolution approving Cost Participa- tion Agreement #61824 and authorize the execution of the document. All voted in favor except Wachter who voted no, noting that he did not agree with the location of the west Blue Gentian Road connection. R 84-10 MnDOT I-35E COST PARTICIPATION AGREEMENT The staff then presented proposed Cost Participation Agreement #61932 regarding I-35E improvements with MnDOT. Project #372 has now been ordered in by the City Council and upon motion by Smith, seconded Egan, it was resolved that the resolution approving MnDOT's Agreement #61932 be approved and the documents be authorized for execution. All voted in favor. R 84-11 MnDOT COST PARTICIPATION AGREEMENT #61933 Cost Participation Agreement with MnDOT #61933 covering Diffley Road and Pilot Knob Road area improvements was next submitted to the City Council for review and approval. It was noted that the Agreement covers a portion of Project #372 and upon motion by Wachter, seconded Thomas, it was resolved that the Dakota County Cost Participation Agreement relating to MnDOT Agreement #61933 for the upgrading of Diffley Road and Pilot Knob Road associated with I-35E be approved and the Mayor and City Clerk be authorized to execute the related documents. All voted in favor. R 84-12 LONE OAK ROAD - TRUNK HIGHWAY #55 - WATER MAIN - CONTRACT #84-1 On November 15, 1983 the public hearing was held and the project approved which consisted of three parts relating to 1) trunk water main along the west side of Trunk Highway #55/#149; 2) consisting of relocation of hydrants and lowering/insulating the existing watermain and relocating fire hydrants along the west side of Trunk Highway #149; and 3) the westerly extension of trunk water main facilities from Pilot Knob Road at Duckwood Drive. The bids have now been received and they were tabulated and presented to the Council. The staff recommended approval of the alternate bid with the 20 inch diameter trunk water main along the west side of #149. Wachter moved, Egan seconded the motion to receive the bids and award the contract based on the alternate bid to W & G Rehbein Bros. All voted yes. 7 Of Council Minutes February 21, 1984 ALMQUIST LAKE LIFT STATION - CONTRACT #84-3 The plans and specifications have now been completed for Contract #84-3 consisting of the Almquist Lake lift station improvements and it was recom- mended that the Council approve the plans and specs and authorize the adver- tisement for bid opening to be held at 10:30 a.m. on Thursday, March 15, 1984 at the Eagan City Hall. Upon motion by Thomas, seconded Egan, it was resolved that the recommendation be approved and the clerk be authorized to advertise for bids. All voted yea. CINNAMON RIDGE 3rd ADDITION - CONTRACT #82-7 The final payment request has now been made for street and utility im- provements under Contract #82-7 in Cinnamon Ridge 3rd Addition and it was noted all costs associated with the project will be assessed against the development property. It was recommended that the 7th and final payment of $25,707.03 to Austin P. Keller Construction Co. be approved and the project be accepted for perpetual maintenance. Egan moved, Wachter seconded the motion to approve the recommendation and authorize the implementation of Contract #82-7 as recommended by the staff. All voted yea. 1984 SEWER AND WATER UTILITY USER RATES The firm of Bonestroo, Rosene, Anderlik & Associates has performed a study pertaining to sewer and water utility user rates in relation to expenses and required revenue to maintain the sewer and water service for the City and presented a report to the Council. Wachter moved, Thomas seconded the motion to receive the 1984 report and to approve the recommendation for no increase in rates during 1984. All voted yes. D 84-1 TRUNK-RELATED ASSESSMENT RATES - 1984 A further report was submitted from Bonestroo, Rosene, Anderlik & Asso- ciates, Inc. reviewing the construction costs associated with completing the trunk system, including sanitary sewer, water, storm sewer and major streets. The average proposed trunk related assessment increase was 5% and the staff recommended approval. Upon motion by Wachter, seconded Egan, it was resolved that the report be received and approved, modifying the trunk assessment rates effective January 1, 1984. All voted in favor. 8 53 Council Minutes February 21, 1984 EAGAN CITY CODE UPDATE Tom Hedges discussed with the Council the staff's review of Ordinances that were adopted by the City Council, effective January 1, 1983, changes that have been proposed by the Council since that time, and proposed revisions that have been made by the staff. He noted that meetings have been held with Municipal Ordinance Codifiers personnel and staff members and a draft of several different ordinance revisions was submitted for Council review. Changes were due to corrections, changes in State law, and others by direction of thp- City Council. It was noted that it would be advisable to address them annually and also that all revisions were appropriate for Council action except those within Chapters 11 and 13 regarding zoning and subdivision where public hearings were required. It was recommended that the public hearing notice for moving residential homes be sent to property owners within 350 feet, rather than 500 feet. There was also discussion concerning status offenses in relation to curfews and a request was again made by the City Council for the staff and City Attorneys to review that issue with further report to the Council. Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions with a number of changes and authorize their publication in the legal newspaper, but that the changes noted by the Council at the meeting be implemented and the staff further investigate those areas requested by the Council. That the staff submit further information concerning the curfew ordinance and for final Council adoption and further, to exclude those portions of Chapter 11 and 13 requiring public hearings. All voted in favor. PERRY KIEFFER - CONDITIONAL USE PERMIT Noting that Mr. Kieffer was not present, Blomquist moved, Smith seconded the motion to continue the application of Mr. Kieffer for conditional use permit until the next regular meeting. All voted yes. MUNICIPAL LEGISLATIVE COMMISSION HANDOUT Tom Hedges distributed to the City Council members information submitted by the legislative consultants regarding the municipal legislative committee. STAR CITY PROGRAM UPDATE Mr. Hedges stated that certain expenses will be incurred by the Star City Program Committee and Councilmembers approved such expenses, noting no offi- cial action was required because the Council had authorized the formation of the Committee. 9 Council Minutes February 21, 1984 DISTRICT #196 SCHOOL RESOLUTION Mayor Blomquist submitted a resolution proposed to be adopted by the City Council regarding the location of schools needed by IDS #196, including loca- tion, boundary of attendance of each school, costs of the schools and costs of busing. Blomquist moved, Egan seconded the motion to approve and adopt a resolution and forward it to the School Board. All voted in favor. R 84-13 CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist be approved dated: January 31,1984 ; February 6 ;February 21,1984 $1,108,854.12 $145,603.07 $528,815.89 All voted in favor. ADJOURNMENT Upon motion by Smith, seconded Wachter, it was resolved that the Council adjourn at 11:45 p.m. All voted yea. PHH City erk 10