08/04/1987 - City Council Regular
00326
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
AUGUST 4, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
August 4, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present
were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and
Ellison. In addition, City Administrator Tom Hedges, Public Works
Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers
Robert Rosene and Mark Hanson, and City Attorney Paul Hauge were
present.
AGENDA
Ellison moved, Wachter seconded the motion to approve the agenda
as distributed. All voted in favor.
MINUTES
July 21, 1987 - Regular Meeting. Upon motion by Egan, seconded
Wachter, it was resolved that the minutes of the July 21, 1987
regular meeting be approved. All voted in favor.
July 23, 1987 - Special Meeting. Upon motion by Ellison,
seconded Egan, it was resolved that the minutes of the July 23, 1987
Joint Special Planning Commission and Council meeting be approved as
prepared. All voted yea.
TAX ABATEMENTS
Bill Peterson of the Dakota County Assessor's office presented a
recommendation for tax abatement for Lot 10, Block 5, Country Home
Heights Addition for James and Marie Deeg property, Parcel 100-05.
The proposed reduction of estimated market value for 1984-1985-1986
was from $84,100.00 to $76,800.00. Upon motion by Smith, seconded
Wachter, it was resolved that the abatement be approved. All voted
yes.
VOLUNTEER FIRE DEPARTMENT
Fire Chief Ken Southorn was present and reviewed a letter from
the Burnsville Fire Chief, Brian Holzer, regarding the Joint Fire
Training Facility proposed to be located in Burnsville. The cost
was underestimated and an additional $13,000.00 is being requested
from the City of Eagan. Mr. Southorn also noted some reduction in
the specifications and indicated an initial $48,600.00 total cost is
being requested to be divided among the four joint participating
cities. Smith moved, Egan seconded the motion to approve the
additional expenditure. All voted in favor.
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EMERGENCY CLEAN-UP POLICY
City Administrator Tom Hedges noted that the City has received
numerous calls from homeowners requesting assistance in the pick up
of debris deposited as the result of the flood waters occurring from
the July 23, 1987 storm. Each City Council member was contacted on
July 29, 1987 by the City Administrator to review the Emergency
Clean-up Policy/Practice for the storm and there was unanimous
concurrence that a policy should be implemented. The Policy,
prepared by the City Administrator, was upon motion by Egan,
seconded Wachter, approved, to include reimbursement in those
instances where property owners had paid to remove debris and the
staff determines that the homeowner had paid to remove the debris
prior to the City's arrival to assist in the removal. Councilman
Wachter suggested that an emergency council session be set up
immediately after a storm emergency where it is deemed necessary to
do so. All members voted in favor.
NORTHWESTERN BELL TELEPHONE/LEXINGTON BOOSTER STATION
Public Works Director Tom Colbert explained to the City Council
that Northwestern Bell Telephone Company is replacing the existing
telephone switching station adjacent to the Lexington Booster
station, north of Diffley Road and recommended combining driveway
access from Lexington Avenue. Upon motion by Egan, seconded
Ellison, it was resolved that the Council approve the access
easement to Northwestern Bell Telephone from the Lexington Booster
station site and authorize the Mayor and City Clerk to execute all
related documents. All voted affirmatively.
CONSENT AGENDA
The following consent agenda items were presented to the City
Council and the staff recommended that they be approved:
1. Personnel Items. It was recommended that Joe Merchak be
hired as a Construction Analyst for the Protective Inspections
Department, subject to successful completion of the City's physical
examination requirement.
2. Plumbers Licenses. The City has received applications from
10 plumbing companies to operate and provide service in the City.
It was recommended that the applications be approved.
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3. Hidden Valley - Project #511. A feasibility report for
Project #511 consisting of sanitary sewer improvements in Hidden
Valley Addition has been completed and it, was recommended that a
public hearing be scheduled for September 1, 1987 at 7:00 p.m. at
the Eagan Municipal Center.
4. Brittany 10th Addition - Project #513. The City recommended
that the feasibility report for Project #513 consisting of
improvements in Brittany 10th Addition be received and that the
Council schedule a public hearing for September 1, 1987 at 7:00 p.m.
at,the Eagan Municipal Center.
5. Greensboro Addition - Project #470 - Assessment Hearing.
The final assessment roll has been prepared for Greensboro Addition
streets and utilities for Project #470 and it was recommended that
the roll be received and that the public hearing be scheduled for
7:00 p.m. at the Municipal Center on September 1, 1987.
6. Daniel Drive - Project #475. A final assessment roll for
Project #475 consisting of street and utility improvements for
Daniel Drive has been completed and submitted and it was recommended
that it be received and the Council schedule a public hearing at the
Municipal Center at 7:00 p.m. on September 1, 1987.
7. Blueberry Circle - Project #481. The final assessment roll
for Project #481 consisting of storm sewer improvements in the
Blueberry Circle area has been completed by the consulting engineer
and the staff recommended a public hearing be scheduled for
September 1, 1987 at 7:00 p.m. at the Eagan Municipal Center.
8. Holland Lake - Project #444. The final assessment roll for
Project #444 covering storm sewer improvements for Holland Lake has
been completed and it was recommended that the Council receive the
roll and schedule a final hearing on the roll for 7:00 p.m. on
September 1, 1987 at the Eagan Municipal Center.
9. Blue Ridge Addition - Final Plat. It was recommended at the
request of the developer that the application for final plat
approval of Blue Ridge Addition be continued until later in the
Council meeting.
R87-53
10. Greensboro Addition - Streets and Utilities - Contract
#86-14. A final payment request had been submitted for street and
utility improvements in the Greensboro Addition under Contract
#86-14. It was recommended that because all issues had not been
resolved as to final acceptance, that the Council. continue
indefinitely the consideration of the final payment.
11. Sunset 12th Addition - Final Plat. It was recommended that
the application for final plat approval for Sunset 12th Addition be
continued until later in the Council meeting.
R87-54
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12. Williams & LaRue 2nd Addition - Final Plat. A
recommendation was made that the application for final plat approval
of Williams & LaRue 2nd Addition be continued indefinitely because
of discussions between the developer and Dakota County regarding
Lexington Avenue.
Upon motion by Smith, seconded Egan, it was resolved that the
foregoing consent agenda recommendations be implemented by the
staff. All members voted affirmatively.
SEE PLAT FILE
SUNSET 12TH ADDITION - FINAL PLAT
The application for final plat approval for Sunset 12th Addition
was submitted by Calvary Memorial Church. Mr. Colbert explained to
the City Council that Rev. Randy Barrows, Pastor of the Church,
submitted a letter requesting the variance on No. 5, Exhibit "B" of
the Sunset 12th Addition Development Contract requiring the turn-
around on Stirrup Street. Rev. Barrows was present and explained
that the turn-around is not a permanent turn-around because the site
needs a future parking lot in that location requiring tearing up the
concrete curb and additional expense. Egan moved, Wachter seconded
the motion to approve the request for the variance to eliminate the
turn-around provided or acceptable maintenance agreement is entered
into between the owner and the City. All members voted yes.
SEE PLAT FILE
R & B ADDITION - PROJECT #502 - PUBLIC HEARING
Mayor Bea Blomquist convened the public hearing regarding
Project #502 consisting of storm sewer improvements for the proposed
R & B Addition on Duckwood Drive. Tom Colbert and consulting
engineer Mark Hanson described the project including the proposed
lateral assessments on a front-foot basis and area against property
not already assessed for storm sewer improvements. Mr. Hanson
reviewed the proposed assessment area, the amount of the assessments
and the cost and there were no objections. Smith moved, Ellison
seconded the motion to close the hearing, to order in the project
and authorize the preparation of detailed plans and specifications.
All voted in favor.
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WHISPERING WOODS 2ND ADDITION - PROJECT #504 - PUBLIC HEARING
The next public hearing convened by the Mayor consisted of
proposed storm sewer improvements in Whispering Woods 2nd Addition
in regard to Project #504. Again, consulting engineer Mark Hanson
explained the project and upon question, noted that the necessary
easements will be included in the Whispering Woods 2nd Addition.
There were no objections, although several affected property owners
were present including Scott Hilla. Ellison moved, Smith seconded
the motion to close the hearing, to order in the project and
authorize the preparation of plans and specifications. All members
voted yes.
WILLIAMS & LaRUE ADDITION - PROJECT #450
The public hearing regarding the final assessment roll for
Project #450 consisting of Williams & LaRue Addition was next
convened. The recommendation was made at the request of the
developer to continue the hearing and upon motion by Egan, seconded
Wachter, it was resolved that the hearing be continued until August
18, 1987. All voted yes.
WYNDHAM CORPORATE CENTER - PROJECT #464
The public hearing regarding final assessments for Wyndham
Corporate Center Addition under Project #464 was then convened by
the Mayor. Staff recommended a continuance in order to complete the
publication and mail notification requirements and upon motion by
Wachter, seconded Egan, it was resolved that the recommendation be
approved and the hearing be continued until August 18, 1987 at 7:00
p.m. at City Hall. All voted affirmatively.
EAGANDALE CENTER PARR - PROJECT #480
The public hearing regarding the Eagandale Center Park street
overlay under Project #480 was next brought to order by the Mayor.
Mike Foertsch, the assistant engineer described the project and
noted that the reason for the overlay was prompted by the recent
load limit increase from 9 ton to 10 ton capacity. He reviewed the
estimated cost and assessments and there were no objections. He
noted that meetings had been held with Opus Corporation and
Northwestern Mutual Life Insurance Company representatives, the
major owners affected.
Mr. Colbert recommended that a review and rating of the streets
in the industrial parks within the City be accomplished by the
engineering staff.
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Wachter moved, Egan seconded the motion to close the public
hearing, to approve the project and order it in, and authorize the
preparation of necessary specifications and plans. All voted
affirmatively.
BUILDING BLOCK DAYCARE - INDUSTRIAL REVENUE FINANCING
The public hearing regarding the application of Waterford
Development Group, Inc. for industrial revenue financing for
Building Block Daycare facility on Cliff Road next was convened by
Mayor Blomquist. Mr. Hedges described the request, including the
questions that were asked by councilmembers-at a previous meeting.
The issues included whether the land should be financed, whether
certain personal property should be financed where the useful life
is less than the time period of the outstanding debt on the bonds,
and whether a Joint Powers Agreement should be entered into with St.
Paul or Woodbury.
Bryan Carey of Waterford, explained the estimated cost was
nearly $600,000.00 including land and certain equipment and argued
that the $500,000.00 limit had been exceeded. Mr. Hedges explained
the reason that the City requires a $500,000.00 minimum for
industrial revenue bonds and also indicated that the reason that the
City policy requires land to be paid by the developer is to require
an equity position by the developer.
There were questions by Councilman Ellison about the not-for-
profit corporation intended to operate the center and he asked why
rates are not less than other for-profit centers in the City. The
answer by Mr. Carey was that there were certain additional services
that are offered by Building Block. After questions about the
operation of the Board and noting it is not parent-run, Smith moved,
Egan seconded the motion to continue the hearing until the next
regular meeting to acquire additional information concerning
financing of the school, the persons who are operating the schools,
the names and backgrounds of persons on the Board of Directors,
whether they are salaried positions and also more information
concerning the financial viability of the proposed operation. All
councilmembers voted yes.
BRIDLE RIDGE ADDITION - VARIANCES
A request was made by the developers of Bridle Ridge Addition
for variances for monument signs to encroach on the setback along
Elrene Road. Smith moved, Ellison seconded the motion to continue
consideration of the issue until later in the meeting. All voted
aye.
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August 4, 1987
TRAILER PERMIT RENEWALS
Mr. Hedges stated that all trailer license permit renewals were
extended for one year with the exception of the Joe Steininger and
James Horne permits. A report by Administrative Intern Robertson
was presented. Councilman Smith stated that the upgrading of Pilot
Knob Road at the Jim Horne property would create an undesirable
aesthetic appearance and there also may be a zoning issue regarding
the commercial use of the property. Neither Mr. Horne nor Mr.
Steininger were present. Smith moved, Egan seconded the motion to
deny the applications for renewal of the permits and to allow up to
October 1, 1987 for the owners to remove the trailers. All voted
yes.
INSURANCE RENEWAL
Tom Hedges announced that Bruce Medvec, the City's risk
management special insurance agent was not present and recommended
that the item be continued until later in the Council meeting. Egan
moved, Wachter seconded the motion to approve the recommendation.
All voted yes.
KOCH REFINERY - PIPELINE - EAW
It was announced that the City of Eagan has received an
Environmental Assessment Worksheet for a proposed jet fuel pipeline
for Koch Refinery from Rosemount to Minneapolis-St. Paul
International Airport. The pipeline would be approximately 14 miles
long with 13 of those miles in Dakota County. The proposed 10 inch
steel pipeline would be placed within or immediately adjacent to the
existing railroad right-of-way, electric transmission lines or other
pipelines for approximately 13 of its 14 miles. Specifically, in
Eagan, the right-of-way for the pipeline would lie along the Soo
Line Railroad right-of-way near the eastern side of the City,
approximately 5 miles through the community. According to Mr.
Hedges, the location was intended to reduce the impact on the City
residents and businesses. A report from City Planner Dale Runkle
dated July 31, 1987, with suggested comments including strong
mitigative measures in place to deal with the noise and dust during
the construction, inspection of the line and emergency measures.
Mr. Runkle suggested comments be made to the EQB and possible
additional restrictions in the future should be imposed.
Councilman Egan moved, Councilman Wachter seconded the motion to
implement the conditions recommended by Mr. Runkle and also the
conditions be imposed in an agreement form if at all possible with
the comments being submitted to the City regarding the EAW. All
voted yes.
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CEDAR GROVE 2ND ADDITION - DANIEL & JUDITH FORDE
An application was received from Daniel and Judith Forde who
live at 4305 Jasper Drive requesting a 3 foot side yard setback
variance allowing an attached garage to be 2 feet from the side
property line on Lot 14, Block 5, Cedar Grove 2nd Addition. The
purpose was to allow the homeowner to construct a 22 foot wide 2-car
garage. Judith Forde was present. She explained that there had
been no objection from adjoining property owners. Wachter moved,
Egan seconded the motion to approve the request, noting that no
vacation of easement would be required, according to Mr. Runkle.
All voted in favor.
BRIDLE RIDGE ADDITION - VARIANCES/MONUMENT SIGNS
A request was made by the developer of Bridle Ridge Addition,
for variance for monument signs to encroach within setbacks along
Elrene Road. Tom Colbert described the request and expressed
concerns including the fact that there was no room for encroachment
into the right-of-way and had concerns about other utilities placed
within the right-of-way. He recommended there be no encroachment
and if there would be an encroachment, that affected utility
companies be noticed for comments.
Rod Hardy was present on behalf of Sienna Corporation and stated
that the entry to Elrene Road has been cut in and that adjacent
trees are important to be retained. He stressed the importance of
having a greater slope for the wall and suggested getting approval
from the 3 affected utility companies.
Smith moved, Egan seconded the motion to approve the request,
subject, however, to the utility company's approval to the
satisfaction of the staff; it was understood that the trees may not
survive the encroachment and that they would then be required to be
replaced by the developer. All members voted yes.
BRIDLE RIDGE ADDITION - FINAL PLAT
RIGHT-OF-WAY DEDICATION REQUIREMENTS
Mr. Colbert noted that at the July 21, 1987 City Council
meeting, the Council approved a variance allowing for the right-of-
way and street width requirements to be reduced for Bridle Ridge
Road within the Bridle Ridge Addition as part of an incentive to
promote executive housing within the development. The developer now
questioned whether the action incorporated the portion of Bridle
Ridge Road west of Elrene Road. Mr. Colbert and Mr. Hardy discussed
the issue and Mr. Hardy stated that the developers would agree that
no more than 30 single family units would be allowed to access from
that segment of Bridle Ridge Road, west of Elrene Road. Chuck Hall
also was present and requested approval.
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Councilman Ellison stated that it was his opinion that the
Council's decision on July 21, 1987 did not consider the portion
west of Elrene Road for reduction of right-of-way width. Mr. Hardy
argued that that section could become a permanent cul-de-sac with a
single user or limited user of the parcel to the west. 22 existing
lots would be served with only 8 further lots that would be limited
to be served on that portion of Bridle Ridge Road. Councilman Smith
had concerns about the need for an extension of Bridle Ridge to the
west and opposed a cul-de-sac. Councilman Egan noted that generally
the intent of the Council was to retain 60 foot right-of-way but
that internal streets could be 50 feet in certain circumstances.
Councilman Smith's point was that the road- could only go to the
north and therefore, Smith moved, Egan seconded the motion to allow
the reduced width west of Elrene Road to 50 foot right-of-way and 28
foot improved street, with the understanding that there would be no
restriction for 8 additional lots, but that no cul-de-sac would be
permitted on that segment of street. All members voted yes.
1987 INSURANCE RENEWAL
The City Administrator then brought to the City Council the
proposed renewal of the insurance coverage for the City for 1988.
Bruce Medvec was present and answered questions of the City Council,
including the reasons for increases. He stated the Volunteer Fire
Department premium increase was due to the death of 5 Volunteer Fire
Department members throughout the State of Minnesota during the past
three years. He reviewed the claims and explained that the Workers
Compensation experience has been very favorable for Eagan. Ellison
noticed increases in rates and asked if coverage reductions were
proposed. Mr. Medvec answered No, and stated that Eagan has taken a
higher risk with larger deductibles in a number of areas in recent
years. Physical damage insurance for police vehicles was eliminated
four years ago and when the rates became more favorable, they were
then reinsured.
Egan moved, Smith seconded the motion to approve the 1987-88
insurance renewal for worker's compensation, general liability and
public officials liability insurance as proposed. All voted in
favor.
SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS
Mr. Colbert announced that on July 9, 1987, the Special
Assessment Committee met to review a number of objections relating
to the proposed final assessments from various projects within the
City. He recommended that the Assessment Committee recommendations
be approved and that final assessment hearing be scheduled regarding
the implementation of the assessments.
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In addition, Special Assessment Policy No. 87 regarding zoning
vs. street assessments, was reviewed and recommended to be approved.
Wachter moved, Smith seconded the motion to approve Policy 87-1.
All voted aye.
Councilman Egan moved, Ellison seconded the motion to accept the
recommendation of the Special Assessment Committee regarding the
minutes of the July 9, 1987 meeting, and to schedule public hearings
on the assessments on September 1, 1987 at 7:00 p.m. at the City
Hall. All members voted yes.
BLACKHAWK PLAZA - PYLON SIGN - CONDITIONAL USE PERMIT
An application was submitted by Blackhawk Plaza, Inc. for
conditional use permit for pylon sign along Diffley Road at the
entrance to the Blackhawk Plaza Shopping Center. The Planning
Commission recommended approval, subject to certain conditions.
Dale Runkle explained that spacing is an issue and a representative
of the developer was present and agreed that only one pylon sign
could be located on Lots 5 and 6. Harold Anderson of Design
Partnership, the architects, was present and also stated that no
reader board would be included on the sign.
Ellison moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. The one-time sign fee of $2.50 per square foot for 68 square
feet will be required.
2. No additional pylon sign will be allowed on Lots 5 and 6
consisting of both sides of the Diffley Road.
3. The sign shall be lighted only during operating hours of the
shopping center.
All voted positively.
LEARNING TREE - CONDITIONAL USE PERMIT - SIGN
A public hearing was held before the Advisory Planning
Commission at its last regular meeting on July 28, 1987 to consider
a conditional use permit to allow an on-site sign over 7 feet at the
Learning Tree Daycare facility located at Town Centre Drive and
Lexington Avenue. The APC recommended approval subject to certain
conditions. City Administrator Hedges stated that the staff
recommended that the assessments that had not been levied against
the property for storm sewer trunk and water area be assessed
against the property, including trailways, in the sum of $4,984.36.
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There were no objections and no one present on behalf of the
applicant. Upon motion by Smith, seconded Egan, it was resolved
that-the application be approved, subject, however, to the sign
location included in the Town Centre Sign Agreement and in the event
it is not in the Agreement, that it be returned to the City Council,
and further, subject to the following conditions:
1. The existing sign shall be removed.
2. The one-time sign fee of $2.50 per square foot for 45 square
feet be required.
3. No other signage along Lexington Avenue shall be permitted.
4. Storm sewer trunk water area and trailway assessments in the
amount of $4,984.36 shall be levied against the property.
All members voted yes.
PUBLIC IMPROVEMENT CONTRACTS
1. Eagandale Center Industrial Park - Contract #87-18. Plans
were submitted for Contract #87-18 and it was recommended that they
be approved and that the Council authorize the advertisement of bids
for an opening at 10:30 a.m. on August 28, 1987 covering Contract
#87-18 regarding Eagandale Center Industrial Park street overlay.
Upon motion by Smith, seconded Ellison, it was resolved that the
plans be approved and that the ad for bids be placed as recommended.
All voted yes.
2. Blackhawk Road - Contract #87-17. It was noted that the
Council had approved the plans, subject to the elimination of the.
sidewalk along the west side of Blackhawk Road. It was recommended
that the bids be received but that the award of the contract be
continued until the August 18, 1987 regular meeting to insure that
all easements have been acquired and plans approved by the
appropriate agencies. Upon motion by Smith, seconded by Wachter, it
was resolved that the Council receive the bids and to continue
consideration of the contract until August 18, 1987. All voted yea.
3. Wescott Road - Contract #87-26. The bids have now been
received for Contract #87-26 and it was recommended that the Council
receive the bids but to continue the award of the contract until the
August 18, 1987 regular meeting. Egan moved, Ellison seconded the
motion to approve the recommendation. All voted in favor.
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4. Eagan Hills Farm - Contract #87-21. The bids had been
received for Contract #87-21 consisting of trunk utilities in Eagan
Hills Farm development and it was further noted that the easement
acquisition had not been completed, but staff recommended approval,
subject to necessary right-of-entry. Wachter moved, Egan seconded
the motion to receive the bids, to award the Contract to Austin P.
Keller Construction in the sum of $476,888.00, subject however, to
the acquisition of an acceptable right-of-entry to the property for
the installation of the improvements. All members voted in favor.
5. Hills of Stone Bridge - Contract #87-22. Mr. Colbert again
stated that the acquisition of the easements had not been acquired
and recommended, however, he suggested that the Council receive the
bids and award the contract to the lowest responsible bidder for
Contract #87-22 consisting of trunk utilities in the Hills of Stone
Bridge, subject to acquisition of acceptable right-of-entry to the
property. Upon motion by Egan, seconded Wachter, it was resolved
that the recommendation be implemented and award of the contract to
the low bidder Nordland Associates, in the sum of $437,699.20. All
voted in favor.
6. Bridle Ridge Addition - Contract #87-23. Mr. Colbert again
noted that the right-of-entry had not been acquired but recommended
that the Council receive the bids and award the contract to the
lowest responsible bidder, subject to acquisition of acceptable
entry right. Rod Hardy was present on behalf of the developer and
stated that Stone Bridge and Bridle Ridge owners will grant
necessary easements or rights-of-entry to allow the construction of
the improvements to begin for Contracts #87-21, #87-22 and #87-23.
Upon motion by Ellison, seconded Egan, it was resolved that the
recommendation of staff be approved and that the bid of Nordland
Associates in the sum of $606,624.00 be approved and that the
contract be awarded, subject to acquisition of acceptable right-of-
entry according to staff requirements. All voted affirmatively.
7. North Nicols Road - Contract #87-16. The bids had been
received for North Nicols Road street reconstruction under Contract
#87-16 on July 17, 1987. Staff recommended that the bids be
received and the contract be awarded to the low bidder, Valley
Paving, Inc., in the amount of $343,376.24. Wachter moved, Egan
seconded the motion to approve the recommendation and authorize the
award of the contract. All voted yes.
R87-54.1
8. Wilderness Pond/Fawn Ridge - Contract #87-33. The bids have
been received for Contract #87-33 consisting of pressure reducing
stations for Wilderness Pond and Fawn Ridge. Upon motion by Egan,
seconded Wachter, it was resolved that the bids be received and the
contract be awarded to the low bidder, M and M Construction, Inc.,
in the amount of $22,883.00 according to staff recommendations. All
councilmembers voted in favor.
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STORM WATER DAMAGE - UPDATE
Tom Hedges updated the City Council concerning the damage
throughout the City from the storm of July 23, 1987 and stated that
flooding had occurred in several isolated areas throughout the City.
Informational meetings were held with residents of Lexington Square
Addition and River Hills 9th Addition, and Mayor Blomquist discussed
the import of contacts that she had made with residents in those
areas. Paul and Mary Teske of River Hills 9th Addition was present
as was Bill Carpenter, all of whom live on Clark Street. Their main
concern along Clark Street dealt with the storm sewer design and
construction, according to Mary Teske, including the ponding area.
She distributed pictures of the area and others were taken by the
staff.
Mr. Colbert responded to the residents, indicating the staff is
doing investigative work and will submit a report covering the
entire City, including proposed flood relief and in addition,
projected costs. Policies for emergency preparedness were reviewed
and Mary Teske requested sandbagging be provided in areas where
flood damages are being threatened. Mr. Colbert recommended further
study of the berm in the Metcalf area and report to the Council at a
later time.
Philip Carpenter argued that there is a drainage problem in the
area and requested attention and relief from the City Council. In
addition, Federal flood damage relief is being investigated by the
City staff.
The Mayor suggested receiving possible review of sizing of storm
sewers in the event of excessively large storm occurrences in the
future.
Dick Victor, of the River Hills 9th Addition area was also
present and commended staff on its efforts in pumping the affected
areas. He recommended a study and review for long and short term
solutions, however. A question was asked whether building permits
could be suspended during the study if possible storm drainage may
result. City Attorney Paul Hauge indicated that health and welfare
regulations may allow it in those cases where there is sufficient
documentation but only where flooding damage appears to be imminent.
No further specific action was taken.
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BLUE RIDGE ADDITION - FINAL PLAT
The application for final plat approval of Blue Ridge Addition
by Larry Laukka was submitted and Mr. Laukka was present. He asked
that the Council address the Eagan Storm Sewer Policy including the
condition in the development agreement that a 48 inch pipe be
required to be built if the building permit is granted. He proposed
open ditch drainage and that construction take place later when its
exact location can be determined. The ditch cost would be about
$50,000.00 and a buried pipe would be about $126,000.00. He
suggested ensuring future construction by deed restrictions and a
separate agreement if necessary with the next plat requiring
installation of a storm drainage system.
Councilman Smith moved, Councilman Ellison seconded the motion
to approve the request and delete the requirement for the
installation of the storm drainage system for a period of two years
from the present time or until the next building permit is requested
with financial guarantee and that an agreement acceptable to the
City be entered into, guaranteeing compliance with the conditions.
Those in favor were Smith and Ellison; those against were Blomquist,
Wachter and Egan.
Mr. Colbert opposed the request by Mr. Laukka and indicated that
the development agreement had already been signed for the
subdivision and that he had only learned about the objection during
the course of the Council meeting.
Egan then moved, Wachter seconded the motion to approve the
application for final plat, subject to compliance with all City
requirements and conditions. All members voted in favor.
SEE PLAT FILE
LOCAL GOVERNMENT AID - LEVY LIMIT APPEAL
Mr. Hedges explained that all cities have received notification
of the 1988 local government aid and levy limit from the Minnesota
Department of Revenue. The new levy limit law limits the 1988 city
levy increase to 3%, and noted that the legislation impacts the City
of Eagan's position very strongly. Because of more severe levy
limits, some Cities are appealing to the Commissioner of Revenue for
an adjustment in the levy limit base, if the City can provide
evidence satisfactory to the Commissioner that its levy for taxes
payable in 1987 have been reduced because it had made expenditures
from reserve funds or for any other legitimate reason. The City of
Eagan's implementation of comparable worth, mandated by the State
legislature, combined with the high rate of growth, causing extreme
demand on services, presented strong reasons for appealing the levy
limit for the City.
Wachter moved, Ellison seconded the motion to authorize the
appeal of the levy limits as proposed by the City Administrator.
All members voted yes.
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Council Minutes
August 4, 1987
00340
MUNICIPAL CENTER - BARN REMOVAL
It was announced that the barn that is located southeast of the
Municipal Center building was severely damaged in the July 23, 1987
storm. As a matter of public safety, it was recommended by Chief
Building Official Doug Reid that the barn be removed. Upon motion
by Smith, seconded Egan, it was resolved that the staff be
authorized to remove the barn either through Volunteer Fire
Department use or by demolition. All voted yes.
COMMERCIAL PARKING SPACE REQUIREMENTS
A survey of comparable commercial parking space requirements of
other metropolitan area cities had been conducted by the staff and
it was noted that Eagan's parking requirements are very comparable
to other cities surveyed.
1988 DNR DEER HUNT
The staff was contacted by Jon Parker of the Department of
Natural Resources regarding a preliminary proposal for deer hunting
in the Fort Snelling State Park and Minnesota Valley Wildlife Refuge
in November of 1988. The Administrator's office was instructed to
proceed with the negotiation with DNR and further report to the
Council.
1988 BUDGET
Mr. Hedges indicated that his department was proceeding with the
proposed budget for 1988 and noted there were substantial assessed
valuation increases. There may be a mill rate rededuction and a
special City Council budget meeting was scheduled for August 20,
1987 at 7:00 p.m. at the Eagan Municipal Center.
SPECIAL ASSESSMENT COMMITTEE - RESIGNATION - DON KNIGHT
Don Knight, the Chair of the Special Assessment Committee,
submitted his resignation because of health problems. Smith moved,
Wachter seconded the motion to regretfully accept the resignation
and direct the staff to forward an appropriate letter of thanks to
Mr. Knight. All voted yes.
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Council Minutes
August 4, 1987
00 ,41
COMMUNITY SERVICE OFFICER
The recommendation of the Police Department was that Steve
Anselment be appointed a Community Service Officer in the Police
Department. Smith moved, Egan seconded the motion to approve the
recommendation. All members voted in favor.
EMERGENCY POND PUMPS
At the July 21, 1987 City Council meeting, the Director of
Public Works directed consideration from the City Council for the
purchase of a 6 inch stand-by pump for emergency pumping of ponds,
resulting from peak rainfalls. The City witnessed a record-breaking
storm on July 23, and the staff has now prepared a recommendation
based on three quotations. The recommendation was that the Gorman-
Rupp Pump from Carlson Equipment be purchased because of its high
capacity and further, that the rental cost be applied toward the
purchase price. Wachter moved, Smith seconded the motion to approve
the purchase, based upon the recommendation submitted. All members
voted in favor.
BLACKHAWK ROAD - PARKING BAN
A request had been made by the Minnesota Department of
Transportation for a parking ban on the east and west sides of
Blackhawk Road at Kathryn Circle and Diffley Road, as a condition of
the approval of the plans. Egan moved, Ellison seconded the motion
to approve and implement the request of the Minnesota Department of
Transportation. All members voted yes.
R87-55
BIETER VS. CITY OF EAGAN
City Attorney Paul Hauge briefly updated the City Council
regarding the Bieter action and noted that depositions had been
scheduled by the Bieter Co. for Planning Commission Chair Charles
Hall, and Councilmembers Jim Smith and Ted Wachter. The deposition
for Chuck Hall had been canceled by Bieter prior to the meeting.
CHECKLIST
Wachter moved, Egan seconded the motion to approve the checklist
dated August 4, 1987 in the amount of $330,176.83. All voted yes.
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Council Minutes
August 4, 1987 00342
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:05 a.m. All voted affirmatively.
PH H
City lerk
17