09/01/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
SEPTEMBER 1, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
September 1, 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
Mayor Blomquist noted that the Wilderness Run Road hearing was
not included on the agenda and the public hearing that was scheduled
will be continued. Egan moved, Wachter seconded the motion to adopt
the agenda as presented. All voted in favor.
MINUTES
Wachter moved, Egan seconded the motion to approve the 30 pages
of minutes of the regular meeting of August 18, 1987. All
councilmembers voted in favor.
MINNESOTA RECREATION & PARK ASSOCIATION CITATION
Park Director Ken Vraa introduced Bruce Anderson, a
representative of the Minnesota Recreation and Park Association who
presented an award to the Eagan Park & Recreation Department. The
purpose of the award was for the "Ground Pounders" running series,
coordinated by Apple Valley, Burnsville, Lakeville and Eagan, and
the award was presented to Mayor Blomquist. Dorothy Peterson and
Paula Nowariak were present in the audience and recognized by Ken
Vraa for their very diligent recreational service work for the Park
Department.
VOLUNTEER FIRE DEPARTMENT
Thomas Hedges described the plans prepared to date for the Fire
Station No. 4. Ken Southorn, the Fire Chief, was present and made
the following report:
1. He noted that 23 new recruits were approved with 91 persons
on the fire department roster at the present time.
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2. He recommended that the Council authorize Arthur Dickey &
Associates to proceed with the grading plan for Lots 1, 2, and 3,
for Fire Station No. 4 in the amount of $1,800.00.
Egan moved, Wachter seconded the motion to authorize the
preparation of the grading plan by Arthur Dickey & Associates. All
voted yes.
Upon recommendation of the staff, Egan moved, Ellison seconded
the motion to schedule the advertisement for bids for Fire Station
No. 4 to be opened on September 29, 1987 at 2:00 p.m. at the Eagan
Municipal Center. All voted yea.
HAZARDOUS WASTE COLLECTION
Tom Hedges reported that the City has an opportunity to work
jointly with Dakota County and Unisys Corporation for a special
household hazardous collection schedule for November 6 and 7, 1987
at the Unisys Defense Systems building on Yankee Doodle and Pilot
Knob Roads. The cost to the City would be between $2,000.00 to
$5,000.00 and the staff recommended approval. John Hohenstein was
present and answered questions of the City Council, indicating that
paints, aerosol and pesticides are intended to be collected. The
Councilmembers authorized proceeding with the pilot program and
directed the staff to assist in setting up the program.
CONSENT AGENDA
The following consent agenda items were submitted and
recommended to be approved:
1. Proclamation/Constitution Week. The City Council proclaimed
September 17, 1987 as Constitution Week in the City of Eagan.
2. Personnel Items. It was recommended that Steven Baehr and
Bob Goering be hired as seasonal maintenance workers in the Parks
Department for the fall season.
3. Plumbers Licenses. A schedule of applications from six
plumbing companies attached to the Council packet, was recommended
to be approved.
4. Town Centre 70 and Town Centre 100 - Street Lights - Project
#519. A petition has been received from Federal Land Company for
the installation of street lights in Town Centre 70 and Town Centre
100 and it was recommended that the Petition be received and the
Council direct the authorization of a feasibility report.
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5. Gopher Eagan Industrial Park 2nd Addition - Project #516.
The feasibility report for Project #516 consisting of street and
utility improvements in Gopher-Eagan Industrial Park 2nd Addition
was submitted and it was recommended to be received and a public
hearing be scheduled for October 6, 1987 at 7:00 p.m. at the Eagan
Municipal Center.
6. Wescott School Addition - Final Plat. The application by
School District #196 for final plat approval of Wescott School
Addition was submitted. The staff recommended approval of the final
plat, subject to compliance with all City requirements.
R87-59
7. Lone Oak 2nd Addition - Final Plat. It was recommended by
the staff that the City Council approve the final plat application
for Lone Oak 2nd Addition and authorize the Mayor and City Clerk to
execute all related documents. R87-60
8. Digital Printer - Public Works Department - Surplus
Property. It was a recommendation of the Public Works Department
that the digital printer originally purchased for the card control
gas system, be declared surplus property to be made available for
sale. Inver Grove Heights is interested in acquiring it and it was
recommended that negotiations be authorized to sell the printer to
Inver Grove Heights.
Upon motion by Wachter, seconded Egan, it was resolved that the
foregoing Consent Agenda items be approved as recommended. All
members voted affirmatively.
GREENSBORO FIRST ADDITION - PROJECT #470 - PUBLIC HEARING
Mayor Bea Blomquist convened the public assessment hearing
regarding Project #470 consisting of street and utility improvements
for Greensboro First Addition. There were no appearances and Tom
Colbert described the assessments covering 38 parcels, to be
assessed over 5 years at 8.5% interest. Smith moved, Ellison
seconded the motion to close the hearing, to approve the assessment
roll and authorize the certification to the County for collection.
All members voted in favor.
WOODLAND ELEMENTARY SCHOOL - PERMIT
City Administrator Tom Hedges announced that Dr. Tom Wilson was
present on behalf of ISD #196 and requested a building permit for
Woodland Elementary School. Because of the backlog of approximately
20 subdivision plats in the Dakota County Surveyor's office as of
August 20, 1987, a delay has been encountered and it is critical
that construction of the school building be commenced. There was no
objection. Smith moved, Ellison seconded the motion to approve the
request as submitted, subject to compliance with all City
requirements. All voted yes.
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WILDERNESS RUN ROAD - IMPROVEMENT PROJECT #345 - ASSESSMENT HEARING
The public assessment hearing regarding Wilderness Run Road
improvement Project #345 street improvements, scheduled for
September 1, 1987 was then convened by the Mayor. It was
recommended by the staff that the Council continue the public
hearing until September 15, 1987 in order to complete negotiations
with the affected property owners. Egan moved, Wachter seconded the
motion to continue the hearing until September 15, 1987 at 7:00 p.m.
at the Municipal Center. All voted in favor.
DANIEL DRIVE - PROJECT #475 - ASSESSMENT HEARING
The next assessment hearing convened by Mayor Blomquist covered
street and utility improvements on Daniel Drive under Project #475.
It was recommended by the staff that there be a continuance, and
upon motion by Egan, seconded Wachter, it was resolved that the
hearing be continued to September 15, 1987 at 7:00 p.m. at the City
Hall. All members voted yes.
BLUEBERRY CIRCLE - PROJECT #481 - ASSESSMENT HEARING
After convening the public hearing regarding Blueberry Circle
storm sewer improvements under Project #481, Mr. Colbert explained
the project. He briefly reviewed the agreement affecting the
project and two affected property owners were present with no
objections. Egan moved, Ellison seconded the motion to close the
hearing and to approve the final roll and authorize the
certification to the County for collection. All councilmembers
voted yes.
HOLLAND LAKE - PROJECT #444R
The public hearing regarding the final assessments for the trunk
storm sewer for Holland Lake under Project #444R was next opened by
the Mayor. Tom Colbert described the project in some detail and
indicated that certain parcels had received large lot credit. A
resume' of the assessments proposed was presented and Martin
DesLauriers appeared and filed objections to the assessments against
his property. There were no other appearances or objections. Egan
then moved, Smith seconded the motion to close the hearing, to
approve the assessment roll and certify all assessments under the
roll to Dakota County for collection, with the exception of the
DesLauriers parcel, which was stricken from the roll; further, that
the DesLauriers assessments be referred to the Assessment Committee
and in the event that there is no resolution to the objections, that
an appraiser be hired to determine benefits to the property. All
voted in favor.
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TRUNK WATER MAIN - PROJECT #404
The public hearing regarding Project #404 covering assessments
for the trunk water main in parcel 013-76 along Lexington Avenue
consisting of the Patrick McCarthy property next was convened by the
Mayor. Patrick McCarthy was present but there were no objections.
After explanation by Mr. Colbert, Egan moved, Ellison seconded the
motion to close the hearing, to approve the assessment roll,
providing for a reduction of the assessments from $6,551.26 to
$1,084.00, subject to the execution of an appropriate agreement by
October 1, 1987 and authorize the certification to the County for
collection. All members voted affirmatively.
TRUNK STORM SEWER - PROJECT #411 - ASSESSMENT HEARING
The next assessment hearing regarding property owned by Patrick
McCarthy near Hurley Lake for trunk storm sewer purposes under
Project #411 covering Parcel 011-04 was then convened by Mayor Bea
Blomquist. Mr. Colbert explained that at the time of the final
assessment hearing on September 17, 1985, a written objection was
submitted by the property owner for the assessments and an appraisal
was done with a benefit established at $50,000.00 compared with the
proposed $60,680.12 to be assessed. The Special Assessment
Committee reviewed the assessments at its July 1987 meeting and
recommended reduction to $50,000.00.
Pat McCarthy appeared and stated that the catch basin was
causing water to come into McCarthy Pond and Mr. Colbert explained
that all ponds would equalize after heavy rains. McCarthy asked the
City to plug the outlet and to hold the water on his property.
After review of the assessment roll which had been reviewed by the
Council on September 17, 1985 and the Assessment Committee in July
of 1987, and upon the request of Mr. McCarthy, Egan moved, Wachter
seconded the motion to close the hearing and to approve the
assessment roll and authorize it to be forwarded to Dakota County
for spread on the tax rolls, based upon the benefit received;
further, that Findings and Conclusions be prepared covering the
assessments which shall be attached to these minutes. All
councilmembers voted in favor.
TRUNK STORM SEWER - ELLERBE ARCHITECTS - PROJECT #428
The final assessment hearing concerning Tract F, RLS No. 4,
Parcel 019-00 owned by Ellerbe Architects, covering street and storm
sewer improvements was then convened. A final assessment hearing
was held on March 1, 1986 at which time objections were filed by
Ellerbe. The Special Assessment Committee reviewed the assessments
at its July 1987 meeting and recommended that the property be
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assessed at the total amount of $53,321.53 according to the
assessment roll. There being no objections, and Mr. Colbert stated
that he understood the property owner was now in agreement with the
assessments, Wachter moved, Egan seconded the motion to close the
hearing, to approve the assessment roll and to authorize
certification to the County for collection. All members voted yes.
TRUNK STORM SEWER - PROJECT #443 - ROBERT O'NEIL PROPERTY
The final assessment hearing concerning Project #443 covering
the Robert O'Neil property was, after recommendation, upon motion by
Egan, seconded Smith, continued until later in the Council meeting.
All councilmembers voted yes.
TRUNK WATER MAIN - PROJECT #447 - WILLARD BERFELZ-PROPERTY
The hearing regarding the Willard Berfelz property under Parcels
010-28 and 010-12 under Project #447 was then considered by the
Council. The Council had reviewed the recommendation of the Special
Assessment Committee and there was no appearance by Mr. Berfelz
until later in the meeting. When he appeared, he indicated he had
no objection to the assessments. Mr. Colbert reviewed the
assessments and recommended approval of the roll. Wachter moved,
Egan seconded the motion to close the hearing, to approve the final
assessment roll and authorize certification to the Dakota County
Auditor. All voted affirmatively.
HIDDEN VALLEY ADDITION - PROJECT #511 - SANITARY SEWER
The public hearing regarding Project #511 consisting of sanitary
sewer extension in the Hidden Valley Addition, east of Pilot Knob
Road .then came before the City Council for its review. Mark Hanson
described the proposal, including the assessments and the necessary
easements.,.-.No lateral assessments would be proposed under the
current project and the cost would be provided from the trunk
sanitary sewer funds. There were no appearances or objections.
Smith-moved, Ellison seconded .the motion to close the hearing, to
order in. the project and to authorize the preparation of plans and
specifications. All voted yes.
BRITTANY.10TH ADDITION - PROJECT #513 - TRUNK WATER„MAIN
The public hearing regarding Brittany 10th Addition trunk water
main 'under. Project. #513.:was convened by:the'Mayor. -Mark Hanson
explained the. project including ~the required:'-easements that would,be
necessary:to ,complete the project. LHe. indicated _.that,'a• :water - main
running-easterly is intended to be..constructed:because the 24 inch
trunk.. ion :Cliff Road will •be eliminated during`-the Pilot.-Knob Road
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upgrading. He noted that condemnation may be required. There were
no appearances and after discussion, Wachter moved, Egan seconded
the motion to close the hearing, to approve and authorize the
project to be installed and direct the preparation of detailed plans
and specifications; further, that the staff be directed to commence
condemnation if necessary, and to hire an appraiser to determine
damage. All Councilmembers voted yes.
FAIRWAY HILLS 2ND ADDITION - PRELIMINARY PLAT
A letter was received from attorney David Sellergren on behalf
of the developer of the Fairway Hills Addition requesting a
preliminary plat extension for Fairway Hills 2nd Addition. Based
upon the background of the request, Egan moved, Smith seconded the
motion to approve the request for extension for one year from the
date of expiration. All voted yes.
SEE PLAT FILE
JOHNNY CAKE RIDGE 5TH ADDITION - PRELIMINARY PLAT
The application of Good Value Homes for Johnny Cake Ridge 5th
Addition next came before the City Council. Tom Hedges and Dale
Runkle explained the background, noting that a Court Order had been
entered in the District Court requiring the City Council to approve
the application and Larry Johnson, attorney for the applicant, was
present. Mr. Hedges indicated that one neighboring owner called and
had a question concerning the status of the preliminary plat. Mayor
Blomquist was concerned about the soil condition and Mr. Johnson
indicated that soil tests will be taken and that corrective measures
will be implemented. Smith moved, Wachter seconded the motion to
approve the application with the following conditions:
1. This development shall use existing services for sanitary
sewer and water to the newly developed lots. The only new service
that will be allowed will be to provide service to Lots 1 and 2 of
Block 1, and Lots 3 and 4 of Block 3.
2. The vacation of the necessary drainage and utility easements
over Outlot B for proposed Blocks 1, 2, and 3 of the 5th Addition
shall occur prior to final plat approval.
3. All costs associated with completing this development shall
be the sole responsibility of this development.
4. All standard City of Eagan plat conditions shall be adhered
to.
5. A detailed landscape plan shall be submitted and the
financial guarantee shall not be released until after one year from
time of installation.
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6. The plat shall be subject to the Advisory Parks and
Recreation Commission review and dedication requirements.
7. The chief building inspector shall review and approve the
soil samples at the time the submission of the grading plan to make
sure the plan conforms with appropriate building requirements.
All members voted yes. SEE PLAT FILE
HOLIDAY STATION STORES - CONDITIONAL USE PERMIT
A request was submitted by David Hoeschen of the real estate
department for Holiday Station Stores, asking that the Council
reconsider the requirement for service bays in its conditional use
permit for the station at Nicols and Cliff Road. A Holiday
representative was present and mentioned that Holiday may include
the service bays but would prefer not to do so. City Attorney Paul
Hauge explained the motion that was brought by Tom Thumb regarding
Yankee Square and Cedar Cliff Shopping Center gas pump applications,
and the staff asked direction from the City Council regarding the
requirement for service bays with the issuance of gas pumps.
After discussion, Wachter moved, Egan seconded the motion to
authorize the removal of the requirement of the conditional use
permit for Holiday regarding service bays. All members voted yes.
JAMES De1GRECO - EVERGREEN PARK ADDITION - VARIANCE
The application of James DelGreco for variance for 1 foot side
yard setback for Lot 6, Block 1, Evergreen Park Addition came to the
City Council. Mr. Runkle indicated that the request was for 14 feet
rather than 1 foot and recommended a continuance. Egan moved,
Ellison seconded the motion to continue the request until the next
regular meeting for further review. All voted in favor.
ROBERT O'NEIL PROPERTY - TRUNK STORM SEWER - PROJECT #443
The reconvened public hearing regarding Project #443 consisting
of trunk storm sewer improvements over the Robert O'Neil property
consisting of parcels 010-77 and 010-56 was then convened by Mayor
Blomquist. City Attorney Paul Hauge introduced the project and
indicated that Public Works Director Tom Colbert and Mark Parranto,
the appraiser for the City, would be testifying on behalf of the
City. He asked whether there was anyone present on behalf of the
O'Neils, and there were no appearances. It was noted that the
Special Assessment Committee in July of 1987 reviewed the
assessments and at that time, Mr. and Mrs. O'Neil, attorney Jerry
Duffy and John Klein were present. A recommendation was made by the
Assessment Committee to the City Council that the roll be adopted as
proposed.
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Mark Parranto was introduced and he reviewed an appraisal that
he had done covering the property dated January 29, 1987. He
reviewed the value of the property before the assessments,
indicating $2,674,000.00, and the value after of $2,842,000.00 for
an increase in value of $168,000.00. The proposed amount of the
assessments was approximately $158,000.00 and, according to his
opinion, after having reviewed comparables to the property, that the
increase in value did equate or was greater than the proposed
assessments. Mr. Colbert reviewed the project in some detail,
indicating that the storm sewer improvements had been installed,
including the use of two ponds on the O'Neil property. Councilman
Smith questioned the increase in value.
Mr. Hauge recommended that the hearing be closed but that the
owner and the City be allowed to submit any further information,
including Findings and Conclusions and the Council then consider the
approval of the roll at its regular September 15, 1987 meeting.
Egan moved, Wachter seconded the motion to implement the
recommendation and to close the hearing and adopt the assessment
roll at the regular September 15, 1987 meeting. All councilmembers
voted in favor.
LAKE PARK CIRCLE - STEVEN PARRANTO - VARIANCE
The application of Steven Parranto for variance for a 15 foot
side yard setback at 1478 Lake Park Circle came to the Council for
its consideration. The lot consisted of Lot 8, Block 1, Thomas Lake
Addition. The request was to allow construction of a 76 foot wide,
two-story home on an odd-shaped lot. Mark Parranto appeared as did
Steve Parranto, indicating that the hardship was based upon the 60
foot cul-de-sac radius and noted that the house would conform with
other houses in the subdivision, with the kitchen, the only portion
that requires the variance. Steve Parranto explained that he tried
five house designs on the lot, and mentioned that there were no
objections from the neighboring owners. Ellison moved, Smith
seconded the motion, noting that the proposed home was of a large
residential variety and that it also was at the end of a cul-de-sac,
thereby justifying the hardship and the application was approved.
All members voted yes, except Wachter who voted no.
CINNAMON RIDGE 6TH ADDITION - ZACHMAN HOMES - WAIVER OF PLAT
An application was submitted by Zachman Brothers Construction
for waiver of plat for Lot 7, Block 1, Cinnamon Ridge 6th Addition
consisting of a duplex lot. There were no appearances. Ellison
moved, Wachter seconded the motion to approve the application, with
the understanding that all City requirements will be complied with
and the following:
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1. That the proper fill and outlet be completed according to
City requirements for the storm sewer ponding that exists between
River Hills 9th Addition and the Cinnamon Ridge Addition.
All voted yes. R87-61
METROPOLITAN WASTE CONTROL COMMISSION - SPECIAL PERMIT
An application of the Metropolitan Waste Control Commission to
expand the existing sewage lift station located south of Highway #55
on the Veronica McClean property was next considered by the Council.
The Commission plans to expand the lift station on Lot 5, Robert
O'Neil Homestead, and to purchase a 120 foot by 120 foot parcel of
land for the expansion of the existing lift station. The question
was whether a regional utility use is appropriate for light
industrial area and the waiver of plat for land recording purposes
would be required. Dale Runkle described the request and noted that
the Commission was having difficulty with acquiring access to the
parcel across the McKee property. Representatives of the Commission
were present and there were no objections. Wachter moved, Egan
seconded the motion to approve the special permit requested by the
MWCC. All voted yea.
PINECREST OF EAGAN ADDITION - STREET NAME CHANGE
A request was made for street name change in Pinecrest of Eagan
Addition, noting that Crestridge Court was already used, and it was
recommended that Pinecrest Court be substituted. Ellison moved,
Wachter seconded the motion to approve the change from Crestridge
Court to Pinecrest Court in the final plat documents of Pinecrest of
Eagan Addition. All voted yes.
R87-62
HILLS OF STONEBRIDGE - MODEL HOME PERMITS
An application was submitted by United Mortgage Corporation for
approval of 12 model home permits for Hills of Stonebridge. Ron
Helmer appeared on behalf of United Mortgage Corporation and it was
noted the final plat process has not been completed. The normal
requirement is that the homes could not be sold or occupied before
final plat approval. Noting the variance from the normal City
procedure, Egan moved, Ellison seconded the motion to grant approval
of permits for up to 12 model homes, but that no more than the
identical number approval for Bridle Ridge Addition be approved for
Hills of Stonebridge. All voted yes, except Wachter who voted
against.
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3..f~
ELRENE ROAD & BRADDOCK TRAIL - CONTRACT #87-25
Plans for Contract #87-25 consisting of street improvements for
Elrene Road and Braddock Trail were presented. It was recommended
that the plans be approved and that the Council authorize the
advertisement for bids to be opened at 10:30 a.m. on Thursday,
October 1, 1987 at the City Municipal Center. Mr. Colbert
recommended approval but that the Council will reconsider the MSA
Funding prior to the award. Smith moved, Wachter seconded the
motion to implement the recommendation of the staff to schedule the
bid opening. All voted in favor.
BRITTANY 10TH ADDITION - CONTRACT #87-35
Upon motion by Wachter, seconded Ellison, it was resolved that
the plans for Contract #87-35 consisting of trunk storm sewer and
watermain for Brittany 10th Addition be approved and that the
Council authorize the advertisement for bids to be opened on October
1, 1987 at 10:30 a.m. at the City Municipal Center. All members
voted in favor.
WHISPERING WOODS/R & B ADDITION - CONTRACT #87-36
Mr. Colbert indicated that Ken Applebaum was not willing to
grant the easement across property adjacent to R & B Addition, but
recommended that the Council proceed with the plans. Upon motion by
Egan, seconded Wachter, it was resolved that the plans for Contract
#87-36 covering storm sewer improvements be approved, and that the
Clerk be authorized to advertise for bids to be opened at 11:30 a.m.
at the Municipal Center on October 1, 1987. All voted yea.
TOWERVIEW ROAD & HIGHVIEW AVENUE - CONTRACT #86-4
Egan moved, Ellison seconded the motion to authorize the final
payment and formal acceptance of Towerview Road and Highview Avenue
for utility and street improvements under Contract #86-4. All voted
yes.
GREENSBORO ADDITION - CONTRACT #86-14
Upon motion by Ellison, seconded Smith, it was resolved that the
City Council authorize the final payment and formal acceptance for
perpetual maintenance of streets and utilities for Greensboro
Addition provided by Contract #86-14 and based upon the Certificate
of Compliance submitted by Bonestroo, Rosene, Anderlik & Assoc. All
members voted positively.
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September 1, 1987 BRITTANY 9TH ADDITION - CONTRACT #86-4
Wachter moved, Egan seconded the motion to authorize the final
payment and the acceptance for perpetual maintenance of the streets
and utilities in Brittany 9th Addition under Contract #86-4 awarded
by the City. All councilmembers voted affirmatively.
EAGANDALE INDUSTRIAL PARK & UPS 1ST ADDITION - CONTRACT #86-10
A Certificate of Compliance with City approved plans and
specifications had been submitted by the consulting engineers and it
was recommended that the final payment be approved for Contract #86-
10 and that the City accept the project for perpetual maintenance.
Egan moved, Wachter seconded the motion to implement the
recommendation of the staff. All voted in favor.
1987 SEAL COAT - CHANGE ORDER #1 - CONTRACT #87-8
A proposed Change Order No. 1 to Contract #87-8 covering 1987
sealcoating improvements, was upon motion by Egan, seconded Wachter,
approved in the amount of $19,866.28 and authorized payment to
Bituminous Roadways, Inc. All voted yes, except Councilman Wachter
who voted no, indicating that the Change Order should have been
approved at an earlier time and should have been a part of the
street reconstruction improvements.
PARKCLIFF STORM SEWER - CONTRACT #87-37
The plans for Parkcliff storm sewer have been submitted and upon
motion by Wachter, seconded Egan, it was resolved that the plans and
specifications for the storm sewer improvements under Contract
#87-37 in Parkcliff Addition be approved and that the City Clerk be
authorized to advertise for bids in the legal newspaper to be opened
on Thursday, October 1, 1987 at the City Municipal Center at 11:00
a.m. All members voted yea.
GREENSBORO 2ND ADDITION - CONTRACT #87-11
Councilman Smith moved, Councilman Ellison seconded the motion
to approve Change Order No. 1 to Contract #87-11 covering street and
utility improvements in Greensboro 2nd Addition. All members voted
yes.
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September 1, 1987
PARKS IMPROVEMENTS - CONTRACT #87-2
Change Order No. 1 to Parks Improvement Contract #87-2 was
submitted covering Quarry, Carnelian and Blue Cross/Blue Shield
Parks. Mr. Hedges reviewed the proposal and Wachter moved, Egan
seconded the motion to approve Change Order No. 1 to Contract #87-2
in the amount of $18,015.00 with the understanding that further
detailed information will be submitted to the City Council covering
the Change Order at a later time. All members voted aye.
GOPHER SMELTING - EXCAVATION PERMIT - EX-12-167
A permit application was received from Gopher Smelting Company
for the grading of approximately 40 acres lying east of the
Eagandale Center Industrial Park and north of Yankee Doodle Road.
The proposed grading entails the regrading of a ponding area, Pond
EP-2 and grading for the construction of future roadways. Mr. Ernie
Peacock was present on behalf of Borchert-Ingersoll and Mr. Runkle
explained the need to acquire access to the parcel just south of
Borchert-Ingersoll and on the west side of Pond EP-2. Mr. Peacock
requested the City provide access to the parcel on the west side,
noting that it was landlocked, and the logical access would be to
the south, across Gopher Smelting property, or to the west. No
access was available, according to Mr. Peacock, and Councilman Smith
questioned whether the City paid for the ponding easement in that
location for Borchert-Ingersoll. Mr. Peacock noted that Barrel
Reconditioning is interested in buying the 17 acres.
vlachter moved, Egan seconded the motion to continue
consideration of the request for the grading permit until September
15, 1987 regular meeting, because no plan had been submitted, and
there is need to acquire access for the Borchert-Ingersoll property.
All members voted yea.
GOPHER SMELTING ASSESSMENTS - PROJECT #447
Upon motion by Smith, seconded Egan, it was resolved that the
public hearing covering special assessments under Project #447
regarding Gopher Smelting Company property be continued to September
15, 1987 at 7:00 p.m. All voted aye.
PATRICK ADDITION - BUILDING PERMIT
A request was submitted by Mark Parranto for a building permit
prior to final platting of Lot 3, Block 1, Patrick Addition. The
City Council adopted a policy whereby building permits are not
issued prior to final plat application and authorization and the
only exception is for model homes. Mr. Parranto was present and
stated that grading is complete and the lot is sold, and the request
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September 1, 1987
could be considered the model home request. After discussion, Egan
moved, Ellison seconded the motion to approve the request for model
home permit, noting the hardship to proceed with the construction.
All voted in favor except Wachter who voted against, noting the
serious staff backlog.
POLICE DEPARTMENT - DRUG ENFORCEMENT GRANT APPLICATION
Police Chief Berthe and Captain Geagan were present to discuss
with the City Council, a drug enforcement grant application.
Captain Geagan indicated that the proposal was for 25% participation
by the City and 75% by the Federal government. He explained some of
the drug problems within the City, including arrests recently at the
Bulk Mail Center. Five major Eagan felony cases are pending
concerning drug dealers.
He further noted that the Minnesota Narcotics Commission will
distribute $3,000,000.00 and applications are being submitted at the
present time for participation. A Joint Powers Agreement with the
South Metro Task Force covering nine units of government with up to
$15,000.00 payable by the City, was discussed. Egan questioned why
Burnsville was making the application and it was indicated that
Burnsville was the most appropriate City to do so at that time.
There were also questions about the agent in charge and whether the
Board will actually incur expenses and make decisions on the
expenses.
Wachter moved, Egan seconded the motion to approve the request
for the application and entry into the Joint Powers Agreement
because of the importance of drug control in the area. All members
voted yes.
COMPREHENSIVE PLAN AMENDMENT
Dale Runkle described the approval by the Metropolitan Council
for the Eagan Comprehensive Plan Amendment of 1987 but noted that
the provisional and conditional uses within the noise corridor had
been voluntarily sent through the Metropolitan Council. Also, the
Metro Council representative claimed that the CPD District is a
change and could impact the metro systems. The City's position is
that they create no effective change because of the 8 CPD changes.
There had been no resolution regarding that issue at that time. In
addition, there had been considerable discussion concerning the
airport section.
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Council Minutes
September 1, 1987
COMMUNITY DEVELOPMENT BLOCK GRANTS
Mr. Runkle stated that Dakota County Commissioner John Voss, has
recommended that County sponsored day care facilities be considered
for low to moderate income families to allow single parents to get
into the work force. County-wide involvement is being proposed and
Apple Valley, Burnsville and Eagan under the Community Development
Block Grant are being requested to consider their involvement.
SPERRY - WATER RESERVOIR - CONTRACT #87-34
Formal bids have been received for repairing, cleaning and
refinishing the Sperry water reservoir on August 31, 1987 and it was
recommended that the bid of Rainbow, Inc. in the sum of $72,441.50
be approved and the contract be awarded as the low bidder. Egan
moved, Wachter seconded the motion to approve the recommendation.
All voted yes.
CRAY RESEARCH, INC. - VACATION
It was requested by Cray Research, Inc. that the City Council
receive the petition to vacate utility easement for Lone Oak
Addition and schedule a public hearing on October 6, 1987 at 7:00
p.m. at the Eagan Municipal Center. Ellison moved, Wachter seconded
the motion to accept the request and to schedule a public hearing on
October 6, 1987. All councilmembers voted affirmatively.
EAGANDALE CENTER INDUSTRIAL PARK - CONTRACT #87-18
The bids have now been received for Eagandale Center Industrial
Park street improvements under City Contract #87-18 and it was
recommended that the contract be awarded to the lowest responsible
bidder, Valley Paving, Inc. in the sum of $2~5l,267.59. Smith moved,
Egan seconded the motion to approve the contract award to Valley
Paving, Inc. All voted in favor.
CEDAR CLIFF GALLERIA
The City Administrator stated that the Advisory Planning
Commission had delayed consideration of the Cedar Cliff Galleria
project until its regular September 1987 meeting. He mentioned that
the City traffic consultant had recommended that 14 issues be
reviewed in the traffic study and that the cost would not exceed
$5,500.00. He asked whether the City Council would order the study.
There was discussion concerning the possibility of continuance until
the October Planning Commission meeting to properly complete the
traffic study and cover all other issues needed for complete review
15
Council Minutes
September 1, 1987 -
by the Planning Commission. Smith moved, Egan seconded the motion
to authorize the preparation of the transportation study as proposed
and request the developer to reimburse the City for the cost; in the
event that the developer refuses to do so, that the study would then
be terminated. All members voted in favor.
CONTRACT SNOW REMOVAL - 1987-88
Tom Colbert recommended that the Council advertise for bids for
main line snow removal on one main line road and one cul-de-sac for
the 1987-88 as recommended. It was suggested that there be an
option for bids to be based on two or three year contract. Egan
moved, Wachter seconded the motion to authorize the advertisement
for bids to include options covering 2 and 3 years, which bids will
be received on September 29, 1987 at 10:00 a.m. at City Hall. All
members voted yea.
SERVICE ORGANIZATION MEMBERSHIPS
A policy was prepared by City Administrator Tom Hedges for
membership by City Department heads in local service organizations.
A member of each department of the City is encouraged to belong to
one service organization for which the City would reimburse the
department head for all meeting related expenses and that social
expenses incurred as a member of the club would be the
responsibility of the employee. Egan moved, Wachter seconded the
motion to approve the policy as submitted by the City Administrator.
All voted aye.
SPECIAL CITY COUNCIL MEETING
Upon motion by Egan, seconded Wachter, it was resolved that a
special City Council meeting be scheduled for Tuesday, September 8,
1987 at 7:00 p.m. to include review of the 1988 Budget. All members
voted yes.
THOMAS LAKE PARK - PARKING LOT - PROJECT #87-1
Mr. Colbert indicated that soil borings discovered soil problems
in the Thomas Lake Park parking lot under Project #87-1 and
recommended a Change Order No. 1 in the sum of $21,307.56 for
Central Landscaping, Inc. Egan moved, Wachter seconded the motion
to approve Change Order No. 1. All voted in favor.
OPEN HOUSE
There will be an open house for the City Maintenance Garage on
September 17, 1987 from 4:30 to 7:30 p.m.
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Council Minutes
September 1, 1987
CHECKLIST
Egan moved, Wachter seconded the motion to approve the following
checklist dated September 1, 1987 in the amount of $841,968.80. All
voted affirmatively.
EXECUTIVE SESSION
City Attorney Paul Hauge discussed with the City Council, the
progress of the action entitled "O'Neil vs. City of Eagan" including
the status of freeway zoning and the transportation study.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
11:35 p.m.
PHH
Cit lerk
17
Y• G f
CITY OF EAGAN
FINDINGS, CONCLUSIONS AND LEVY OF ASSESSMENTS
FINDINGS
1. Project #411 was properly noticed, heard and approved by the
City Council. Project #411 was heard originally on September 17,
1985 and at that time a written objection was submitted by Patrick
McCarthy dated September 16, 1985 objecting to the special
assessments for storm sewer purposes. The Eagan Special Assessment
Committee considered the objections at its regular meeting on July
9, 1987 and recommended that the amount of the assessments be
reduced to $50,000.00, based upon the appraisal that was prepared by
Dahlen & Dwyer, Inc. dated February 5, 1985.
2. The Contract for Project #411 was properly noticed, bid and
awarded by the City Council.
3. The total costs of Project #411, including construction,
administration, legal, engineering, bond interest and miscellaneous
costs were properly incurred by the City according to M.S.A.
Chapter 429.
4. The total assessments against the property were proposed to
be $60,680.12.
5. The property that is owned by Patrick McCarthy, Parcel No.
10-02200-011-04 is within the area benefited by Project #411 and the
market value increase to the property was at least $50,000.00 as a
result of the improvements.
CONCLUSIONS
1. That the parcel proposed to be assessed has been
specifically benefited at least the amount of the proposed
assessment of $50,000.00.
2. That the proposed assessments are uniform across the same
class of property.
LEVY OF ASSESSMENTS
Council hereby levies the proposed assessments against the
parcel described above.
MOTION
Upon motion by Egan, seconded Wachter, the hearing was closed
and the assessment roll adopted against the McCarthy property
described above on September 1, 1987.
Dated: September 1 , 1987.
CITY COUNCIL
By
May r .
Attest:
Cit erk