02/21/1984 - City Council Regular
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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