12/16/1986 - City Council Regular
it
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 16, 1986
A regular meeting of the Eagan City Council was held on Tuesday, December
16, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor
Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present
were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner
Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City
Attorney Paul Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the agenda as
presented. All voted yes.
MINUTES
Regular Council Meeting - December 2, 1986. Upon motion by Ellison,
seconded Egan, it was resolved that the minutes of the regular Eagan City
Council meeting of December 2, 1986 be approved with the exception on page 4,
City Service Fees, that there be a revision in the multiple schedule of
$420.00 per unit. All members voted yes.
Special Council Meeting - November 24, 1986. Egan moved, Ellison seconded
the motion to approve the minutes as presented. All voted yes.
PARK & RECREATION COMMISSION
Waldron Park Property. Park and Rec. Director Ken Vraa was present and
discussed with the City Council negotiations he had had with Kathy Waldron,
the owner of property on the north side of Blackhawk Lake, being proposed to
be purchased for park land. The staff has recommended the offering price of
$46,500.00 with the seller paying all delinquent and current taxes and
assessments. Mr. Vraa explained the value to the City included the lengthy
amount of shoreline and also is located at the narrows of the lake where a
bridge may be installed at some time in the future. Smith moved, Egan
seconded the motion to authorize the Park Director to submit the offer to the
Seller as proposed. All members voted in favor.
Park Development Priorities. A parks development construction priority
schedule for various parks within the City was submitted by the Park Director
according to a memo dated November 13, 1986. Ken Vraa briefly described the
proposal and Egan moved, Wachter seconded the motion to approve the 1987 Parks
Development Priority schedule. There was a question concerning the Bur Oak
Park and an update regarding the park development will be submitted to the
Council by the staff. All members voted yea.
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December 16, 1986
MOTOR PATROL ROAD GRADER PURCHASE
Bids were received on December 10, 1986 for the acquisition of a motor
patrol road grader with snow plow attachments. Four bids were received
including a Borchert Ingersoll Champion 730-A, a Carlson John Deere 770B-H,
and a Ziegler Caterpillar 140G new and used. A lengthy presentation was made
by Mr. Colbert including a written analysis of the bids, including alternates
for maintenance, repair guarantys and guaranteed repurchase. Mr. Colbert
stated that the true bid should include trade-in and the recommendation by the
staff was that the used Caterpillar 140G with a total cost bid of $42,857.00
be approved. Councilman Smith recommended a new grader be purchased, noting
the warranties are the same on the new and used and that the used equipment
will also take 30 to 45 days to deliver, about half the time for new
equipment.
Wachter moved, Smith seconded the motion to authorize the purchase of the
new Ziegler Caterpillar 140G as presented, based upon the reasons submitted by
the staff and outlined in the staff's memorandum to the Council. Pete
Borchert of Borchert Ingersoll was present and requested the Council consider
the purchase of the Borchert Champion 730-A, noting that Borchert is an Eagan
based company, that there is $37,000.00 difference in the current cost and
that the current cost should be used as the primary basis for the acquisition.
Mr. Colbert explained the deviation from the specs in some detail and also
noticed that Caterpillar has a guaranteed maintenance cost schedule. All
councilmembers voted in favor.
CONSENT AGENDA
The following consent agenda items were presented to the City Council and
the staff recommended the items be approved:
1. Contractors Licenses. There were no contractors license requests made
to the City.
2. Big Top Wines & Spirits - 1987 Off-Sale Liquor License. It was
recommended that the application of Big Top Wines and Spirits for off-sale
liquor license be approved as presented.
3. Dougherty's - 1987 On-Sale Liquor License. The application of
Dougherty 's for 1987 on-sale liquor license was recommended for approval by
the staff.
4. Royal Oak Circle 1st & 2nd Additions - Development Contract. An
amendment to the Development Contract Schedule for Royal Circle 1st and 2nd
Additions was submitted, indicating completion dates of October 1, 1987 for
all major streets, utilities and driveways, and July 15, 1988 for all
remaining final restoration items. It was recommended that the amendment to
the agreement be approved.
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5. E-Z Air Park - Project #486. It was recommended that the feasibility
report for Project #486 be received and that the public hearing be scheduled
for February 3, 1987 at 7:00 p.m. at the Eagan Municipal Center.
6. Eagan Hills Farm Addition - Project #491. A Petition for Project #491
consisting of Eagan Hills Farm trunk utilities and street improvements was
submitted and it was recommended the Petition be received and the consulting
engineer be authorized to prepare the feasibility report.
7. O'Neil Drive - Streets and Utilities - Lone Oak 2nd Addition - Project
#492. A petition was received for the upgrading of the remaining unimproved
section of O'Neil Drive, adjacent to 1-494 between Dodd Road and Argenta
Trail. It was recommended the Petition be received and that the feasibility
report be authorized.
8. Outlot M - Lone Oak Addition - Vacation of Utility & Ponding Easement.
A Petition was received for the vacation of Outlot M, Lone Oak Addition and it
was recommended by the staff that the City Council receive the Petition and
schedule a public hearing to be held on January 20, 1987 at 7:00 p.m. at the
Eagan Municipal Center.
9. Local Government Subsidy - Ambulance Contract. The city received a
revised copy of the Ambulance Service Agreement abolishing the per capita
subsidy each community had been providing on a calendar basis to Divine
Redeemer Memorial Hospital. It was recommended that the Ambulance Service
Agreement as revised for 1987-1988 be approved.
Upon motion by Wachter, seconded Smith, it was resolved that the foregoing
Consent Agenda items as described, be approved as presented. All voted in
favor.
PILOT KNOB ROAD - UPGRADING - PROJECT #466
Mayor Bea Blomquist convened the public hearing regarding the upgrading of
Pilot Knob Road under Project #466 at 7:10 p.m. The project includes a 5-lane
urban road section with curb and gutter and related storm sewer facilities
from I-35E to Rebecca Lane, one-half mile north of Apple Valley. The project
also proposed to upgrade portions of Diffley Road and Cliff Road,
approximately 1/4 mile in either direction of their intersections with Pilot
Knob Road.
Mayor Blomquist explained that there may be design concerns and these
concerns should be addressed to the City Council but asked that each person
with such concerns leave his or her name with staff and they will make later
contacts. _
Mr. Colbert made the presentation and indicated a public informational
meeting was held at the City Hall on December 3, 1986 with approximately 200
letters sent to property owners, and 125 persons in attendance at that
meeting. The proposal included a Cost Participation Agreement with Dakota
County and a formal hearing is required. Mr. Colbert further noted that
concept is the only issue at the hearing and discussed proposed assessments to
be spread over a 15 year period.
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December 16, 1986
A large number of affected property owners was present and one owner was
concerned about the change in the setback and safety at Easter Lane, directly
south across Diffley Road from Blueberry Lane. It was noted that the 30 foot
setback will not be complied with and it was recommended that a fence be
installed for safety. Further, consideration of the removal of one duplex
unit at that location will continue. Jim DelGreco of Evergreen Park,
questioned whether the proposed width is necessary. He also had concerns
about safety and the speed of the traffic including depreciation in value
along a major street.
Henry Braun, an owner near Fish Lake on Pilot Knob Road, questioned
whether a cul-de-sac would be installed adjacent to his property and Mr.
Colbert stated that a hearing will be held in January concerning that project.
Corey King of Quarry and Sigfrid objected to the project and recommended
instead a traffic light at Pilot Knob Road and Diffley. He further argued
that people generally were against the project, partially based upon the
excessive cost.
Tony Villelli submitted written and verbal objections to the project.
Neil Coates of Pilot Knob Road and Cliff Road had concerns about two lanes on
Cliff Road and strongly recommended that Cliff Road be improved to its
improved section near Johnny Cake Ridge Road.
Mr. Colbert explained that less than 1/3 of the cost will be assessed and
the balance of the City's portion will be provided from the City major street
fund. Jim Horne of Coronation Road complimented the City and County on the
design proposal. He questioned the anticipated noise generation and
recommended a noise study be performed.
Doris Wilkins of 4225 Pilot Knob Road expressed certain objections. Mr.
Colbert answered one question by indicating that the project is intended to
include phased construction with an anticipated assessment hearing in 1989.
Ms. Wilkins argued that the project would ruin the character and aesthetics of
the community and objected to the medians being proposed and recommended
striping the center line. She also questioned whether the mill rate will need
to be raised to pay for the road improvement cost.
Steve Crown of 4285 Pilot Knob Road was opposed to the project based upon
the cost and submitted certain objections. Jerry Miller, a retail merchant in
the Hilltop Commercial Center, objected to the access problems that will
develop and Mr. Colbert stated that access will be provided with the exception
of isolated instances. Another owner had questions concerning aesthetics and
asked whether boulevard trees would be planted. Mr. Colbert stated that no
boulevard trees are scheduled to be planted in the road rights-of-way.
Mike Corazo of Raspberry Court objected to the project and also to the
bike trails. Dick Reid of 3631 Pilot Knob Road had questions about curb cuts
at Crestridge and also whether additional right-of-way would be needed at that
location. Eric Erikstrup, an owner at Cliff and Pilot Knob Roads had concerns
about access to his property.
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Darrell Isebrand representing Beautiful Savior Lutheran Church noted the
City required the church to dedicate 125 feet of right-of-way in 1977 but that
now all of the right-of-way may not be needed. He also recommended the City
pay for such right-of-way, even at the time of development of the adjacent
parcel, and he also expressed concerns about the proposed median.
Roger Johnson of 4304 Pilot Knob Road noted an access issue from his
property.
Councilman Ellison indicated that rapid growth in the City and stated the
traffic increase requires road improvements on Pilot Knob. Councilman Egan
expressed his long-standing concern about Pilot Knob Road and stated that at
certain locations, medians are important but that in other areas, medians
could be eliminated. Traffic counts were taken in the Spring of 1986
according to Mr. Colbert, after a question was raised.
Councilman Smith also had concerns about the fifth lane throughout,
although he stated left-turn lanes are important at certain locations. The
City does not set speed limits and he further noted that medians may not be
required throughout as proposed, but it would be necessary to qualify for
State funding standards. Councilman Wachter noted the importance of the
north-south Pilot Knob Road artery through the City and also favored the bike
trail for safety purposes.
Wachter moved, Blomquist seconded the motion to close the public hearing,
order in the project with the final median design to be determined by the City
Council prior to final median design, and locations in the project for 5 lanes
to be approved by the City Council prior to the final plan approval by the
Council. All members voted in favor. The hearing was closed at 9:10 p.m.
LEXINGTON/NORTHVIEW PARK - PROJECT #479
The next public hearing convened by the Mayor concerned the trunk storm
sewer in the Lexington Avenue and Northview Park area under Project #479. Tom
Colbert introduced the project and Mark Hanson reviewed the preliminary report
in some detail. Jim Curry was present and stated down-zoning to R-1 in part
of the commercial area, south of Diffley Road is expected to be requested.
There were no objections to the project, but there were questions from
affected owners present. Smith moved, Egan seconded the motion to close the
public hearing and approve the project and authorize the preparation of plans
and specifications. All voted in favor.
LEXINGTON SQUARE 6TH ADDITION/NORTHVIEW PARK ROAD - PROJECT #485
The next public hearing convened by Mayor Blomquist covered street and
utility improvements for the Lexington Square 6th Addition and Northview Park
Road under Project #485. Mark Hanson reviewed the project and noted that the
plan is to extend Northview Park Road to the east eventually, and that the
road has acquired Minnesota State Aid status. There were no objections to the
project. After discussion, Egan moved, Wachter seconded the motion to close
the hearing, to order in the project and authorize the preparation of the
detailed plans and specifications. All councilmembers voted affirmatively.
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December 16, 1986
1987 GENERAL AND UTILITY FUND BUDGET
City Administrator Tom Hedges submitted to the City Council a capsule of
the 1987 General and Utility Fund Budget, noting that workshop sessions had
been held during the fall of 1986 with a public hearing on September 16, 1986.
Enclosed with the packet information was a summary of revenue and expenditures
and it was recommended that the council approve the budget. Mr. Hedges,
however, recommended that the Council approve the expenditure of $2,500.00 for
a new blue print machine, noting the emission of noxious vapors from the
current machine. Ellison mentioned the mill rate is going down even though
total expenditures have risen and that the per capita spending, however, is no
greater because of the increase in the assessed valuation. Egan also noted
the impact of the comparable worth study.
Wachter moved, Egan seconded the motion to approve the addition of the
$2,500.00 moved from the contingency to the Public Works Engineering fund as
proposed. Wachter, Egan and Ellison voted yes; Blomquist and Smith voted no.
Egan moved, Wachter seconded the motion to approve the Budget as amended. All
members voted in favor.
RAHN RIDGE - WAIVER OF PLAT
An application of B. H. Grace for waiver of plat to split a duplex lot on
Lot 3, Block 4, Rahn Ridge, located east of Nicols Road abutting Vienna Lane,
was brought to the Council. The applicant was present and there were no
objections. Ellison moved, Egan seconded the motion to approve the
application, subject to compliance with all other City Code requirements. All
voted yes. R 86-96
EAGANDALE CLUB - ON-SALE LIQUOR LICENSE
Mr. Hedges reviewed with the City Council the Ordinance Code Section 5.04
indicating that no liquor license under that chapter could be granted where
there are unpaid taxes. Contacts have been made with Graham Gurr and Mr.
Gurr's attorney for the Eagandale Club, noting that the applicant is currently
under a Chapter 11 bankruptcy proceeding. The applicant has indicated that
the City has no right to refuse the issuance of a liquor license based upon
the Bankruptcy Code law and current case law. City Attorney Paul Hauge
recommended that the license be approved, even though the real estate tax
payments were delinquent. He noted that an argument could be made for denying
the application, but that it is important to allow the applicant to remain in 4
business and the liquor operation is only a small portion of the applicant's
gross income. Egan moved, Smith seconded the motion to approve the
application as presented, subject to all other City Code requirements. All
voted in favor.
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December 16, 1986
LONE OAK 2ND ADDITION - PRELIMINARY PLAT
The application of Northwest Aerospace Training Corporation for
preliminary plat approval of Lone Oak 2nd Addition consisting of a flight
simulator training facility was next heard. Dale Runkle reviewed the
application indicating that the Advisory Planning Commission at its meeting on
November 25, 1986 recommended approval. The footprint of the building is
approximately 103,600 square feet and the plat will cover only the area needed
for Outlot A consisting of 15.15 acres with access from the west. 341 parking
stalls will be provided in two separate lots with 553 spaces required in an
office building. It was recommended, however, that because the aerospace
building is a 24 hour facility and for a specific user group, that parking
appeared to be sufficient and no further parking space is required, but that
expansion area has been provided. After a presentation, there being no
objections, Wachter moved, Egan seconded the motion to approve the
application, subject to the following conditions:
1. The installation of trunk sanitary sewer, water main, storm sewer
facilities and the upgrading of O'Neil Drive to City standards shall be
ordered for installation by Council action prior to final plat approval.
2. The acquisition of an MPCA Indirect Source Permit shall be required
prior to final plat approval.
3. Ponding easements incorporating the required storm water capacity
shall be dedicated with the final plat.
4. This development shall be responsible for providing the necessary
easements for the construction of O'Neil Drive and the required sanitary
sewer, water main and storm sewer facilities prior to final plat approval. If
they cannot be provided, the developer shall be financially responsible for
all costs associated with the City's acquisition of both permanent and
temporary construction easements for these public improvements.
5. The developer shall obtain all required DNR permits prior to final
plat approval.
6. All internal utility and drainage easements necessary to incorporate
public improvements shall be dedicated on the final plat.
7. All public improvements constructed within this development, whether
performed privately or under City contract, shall be in conformance with City
approved engineering standards.
8. The development shall be financially responsible for its proportionate
share of the assessments associated with the development of this property.
9. The grading plan or the Comprehensive Master Storm Sewer Plan shall be
revised to accommodate the proposed surface water runoff associated with this
development prior to final plat approval.
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December 16, 1986
10. All existing drainage and utility easements required to be vacated
shall be approved prior to the release of the plat for recording at the
County.
11. All standard plat conditions shall be adhered to.
12. This plat shall be subject to the parks dedication fee.
13. A detailed landscape plan shall be submitted on an approved grading
plan prior to the final plat submission. A financial guarantee shall also be
submitted and not released until after a full year from the time of
installation.
All councilmembers voted yes, except Blomquist who abstained.
Mr. Hedges then explained that the applicant was also requesting a
building permit for the erection of a steel superstructure, noting the
hardship involved in waiting until the normal City requirements of final plat
approval are completed. It is expected to take about a month and a half to
complete the final plat and Mr. Hedges noted the conflict with the City policy
in granting building permits before final plat approval. Jim Thorn, Vice
President of Real Estate for Northwest Airlines was present and stated that a
significant delay will occur if the authorization to proceed is not granted,
and that Northwest Airlines will cooperate in every possible way to ensure
compliance with the final plat requirements. Mark Westin of M. A. Mortenson
Construction Co. was present and noted the superstructure construction time
will be from 8 to 10 weeks.
After a lengthy discussion, Smith moved, Ellison seconded the motion to
approve the application for building permit for the superstructure only, with
the understanding that no other permits will be granted until the final plat
is approved according to City requirements. All members voted affirmatively,
except Blomquist who abstained.
SEE PLAT FILE
PINECREST ADDITION - PRELIMINARY PLAT
The application of Huttner Construction Co. for preliminary plat approval
of Pinecrest Addition and rezoning of 7 acres from A-1 to R-1 was brought to
the Council. The Advisory Planning Commission at its last regular meeting on
November 25, 1986 recommended approval, subject to certain conditions. 17
single family lots were being proposed according to Mr. Runkle, but the
Advisory Planning Commission recommended a preliminary plat allowing for 16
lots and access road to the west and also the park should be determined as
requested by the Advisory Park Commission.
DeeDee Oren, an owner to the west, appeared and opposed the project based
upon excessive density, projected water quality deterioration and she objected
to the stub street to the west. She indicated that the Orens do not intend to
subdivide their property, and that proposed Crestridge Way was not well
located for the possible development of the Oren property in the future.
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December 16, 1986
Will Schneider, an owner of 3 acres to the west of the Oren property,
objected to the density and access to the west also.
There was concern about the potential of three cul-de-sacs for development
in succession. Brad Swenson and William Huttner also were present.
Smith moved to approve the application with the conditions recommended by
the Advisory Planning Commission, including trail easement to the lake, and
the Crestridge Way stub street to the west being included. Ellison seconded
the motion, subject to the following:
1. The property owner and developer shall petition for the vacation of
excess public right-of-way for Crestridge Lane beyond a 30 foot half right-of-
way and this vacated right-of-way shall be incorporated into the proposed
plat.
2. This development shall dedicate all necessary ponding easements for
Fish Lake necessary to incorporate the 847.0 elevation.
3. This development shall dedicate all utility easements outside of
public right-of-way as required by the alignment and depth of all proposed
public utilities.
4. This development shall submit and adhere to a detailed erosion control
plan in accordance with City standards and special requirements for this
development.
5. This development shall be responsible for all outstanding assessment
obligations at the rates in effect at the time of final plat approval.
6. All public street and utility improvements shall be designed and
installed in accordance with City engineering standards.
7. All standard platting conditions shall be adhered to.
8. A variance for the cul-de-sac on the single access proposal shall be
granted.
9. The plat shall be reviewed by the Advisory Parks Commission for its
recommendations of the parks dedication and/or trail easement.
10. The plat shall conform to all shoreland zoning ordinances.
11. The developer shall take all necessary steps requested by staff to
control erosion into Fish Lake.
John Klein appeared and spoke in opposition to the access road to the west
and noted that he represented Mr. Vashro, the owner of the property.
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December 16, 1986 F',
Blomquist then moved to amend the main motion to remove the stub street to
the west which had originally been included in the motion. Wachter seconded
the motion and those in favor were Egan, Wachter and Blomquist. Egan noted
the property to the west will develop only as a cul-de-sac. Those against
were Ellison and Smith. The vote on the main motion as amended with 17 lots
and 650 foot cul-de-sac without the stub street to the west was 5 ayes. Smith
then moved, Ellison seconded the motion to rezone the property to R-1 as
proposed. All voted in favor.
All councilmembers voted yes. SEE PLAT FILE
EAGANDALE INDUSTRIAL CENTER #8 - PRELIMINARY PLAT
An application of Opus Corporation and Northwestern Mutual Life Insurance
Company for preliminary plat approval covering Lots 12 through 18, Block 5,
Eagandale Industrial Center #1 came next to the City Council. The plat would
consist of a replat of 7 existing lots, or portions thereof, into 4 lots with
frontage on either Eagandale Industrial Road or the West Service Road. Lot 1
would be used for American Fruit and Produce for future expansion; Lot 2 will
remain 400 feet wide with 9.99 acres; and Lot 3 would consist of 5.15 acres.
Bob Worthington was present and recommended approval. The APC recommended
approval subject to conditions. Wachter moved, Egan seconded the motion to
approve the application, subject to the following conditions:
1. An 8 inch water main shall be constructed on the north side of the
West Service Road between Eagandale Boulevard and Center Court in accordance
with City approved engineering standards.
2. A drainage easement necessary to incorporate 1.1 acre-feet of ponding
in the northeast corner of Lot 2, shall be dedicated with the final plat. The
actual construction of this drainage basin will be deferred until the time of
building permit application.
3. This development shall accept the financial responsibility associated
with the additional 8 inch water main construction or waive their right to
objection if installed under a City contract.
4. All standard platting conditions shall be adhered to.
5. This plat shall be subject to a parks dedication fee according to City
requirements.
All voted yea. SEE PLAT FILE
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December 16, 1986
DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
Tom Hedges presented to the City Council an application for the Dakota
County HRA for housing and rehabilitation funds in the amount of $285,000.00
which would serve approximately 37 owner-occupied households in the Community
Development district. The project would provide low interest deferred loans
for low and moderate income homeowners, according to Dale Runkle, the City
Planner. A Resolution was presented and recommended to be approved. It was
noted that in prior years, the funding was used for housing retrofit and for
the Robert Lewis Home. Egan moved, Ellison seconded the motion to approve the
Resolution for the funding program for 1987 as presented. All voted in favor.
Councilman Smith recommended the use of the funds in the future be set up to
benefit the community at large, rather than specific persons within the
community.
LEXINGTON HILLS ADDITION - FINAL PLAT APPROVAL
The application of Lexington South, Inc. for final plat approval of
Lexington Hills Addition, located east of Lexington Ave. and north of Diffley
Road came before the Council for its consideration. The plat appeared to
comply with all City requirements. However, the Dakota County Plat Commission
recommended that the intersection of Lexington Way with Lexington Ave. be
removed and a cul-de-sac at the north end of Lexington Way be installed. The
elimination of the intersection is necessary to maintain the County spacing
guidelines between connecting intersections on County Roads, due to the
location of the proposed new major entrance into the Lexington Hills complex.
Mr. Colbert noted that the alternate would be to place the apartment complex
entrance southerly 70 feet and the County also requested access through the
church property on the south side of the project.
Jim Curry indicated that the developer will dedicate the trailway easement
along Lexington Avenue and had escrowed $15,000.00 for the construction of a
cul-de-sac which would be built at the developer's cost.
Several neighboring property owners were present with questions regarding
the design of the roads in the general area. Councilmembers also had concerns
regarding the grade of Diffley Road and access to Lexington Way and suggested
a possible east-west road from Lexington Avenue to Lexington Way through the
unplatted parcel of property. Mayor Blomquist recommended that all affected
property owners be notified regarding the cul-de-sac proposal.
Ellison moved, Wachter seconded the motion to continue the application
until the next regular meeting to allow the affected neighboring
residents/owners to be notified and further, to continue discussions with
Dakota County regarding the proposed reconsideration of the cul-de-sac
request. All voted yes.
After further discussion, Smith then moved, Ellison seconded the motion to
reconsider the prior motion. All voted in favor.
R 86-97
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December 16, 1986
Following extended discussion, Smith moved, Ellison seconded the motion to
approve the application for final plat, noting that the County is requiring
the City to violate its 500 foot minimum cul-de-sac requirement. Councilman
Egan argued that the County has changed its policy regarding cul-de-sacs.
Mayor Blomquist was opposed to the motion and recommended further discussion
with the County representatives. All members voted yes except Blomquist who
voted no.
Councilmembers then discussed the proposed installation of an east-west
street as recommended above, which would then lessen the impact of the cul-de-
sac on Lexington Way.
EAGANDALE OFFICE PARK 3RD ADDITION - FINAL PLAT APPROVAL
The application of Opus Corporation and Northwestern Mutual Life Insurance
Company for final plat approval of the Eagandale Office Park 3rd Addition came
to the Council for review. Dale Runkle briefly introduced the application and
Bob Worthington of Opus Corporation was present. Mr. Worthington explained
that the original plat was proposed with a private cul-de-sac and that the
proposal now provides for a private cul-de-sac. There was a question whether
the cross-easement over the private cul-de-sac should be required as
recommended by the Public Works Director. After discussion, Smith moved,
Wachter seconded the motion to approve the application requiring the cross-
easement. Ellison then moved, Egan seconded the motion to amend the original
motion to exclude the cross-easement. All voted yes. Then all members voted
in favor of the original motion as amended. R 86-98
1986 PARKS CONSTRUCTION PROJECT - CONTRACT #86-1
Egan moved, Smith seconded the motion to approve Change Order No. 2 for
Improvement Contract #86-01 for Central Landscaping, Inc. in the amount of
$7,763.93 and authorize the Mayor to execute the change order. All voted yea.
GREENSBORO ADDITION - CONTRACT #86-14
Change Order No. 1 providing for additional payment to the contractor for
extra work necessary to improve the subgrade within the public right-of-way of
Greensboro Addition was presented and Change Order No. 2 for the installation
of four new sewer and water services installed within Highview Avenue was next
heard. Ellison moved, Wachter seconded the motion to approve Change Orders
No. I and No. 2 to Contract #86-14 consisting of Greensboro Addition and
Highview Avenue and authorize the execution of the appropriate documents. All
members voted yes.
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HAEG ADDITION - CONTRACT #85-J
Contract #85-J consisting of the Haeg Addition improvements were submitted
for approval and Ellison moved, Egan seconded the motion to approve the
contract and accept the improvements for perpetual maintenance. All members
voted in favor.
SUNSET 6TH ADDITION - CONTRACT #86-V
Contract #86-V for the Sunset 6th Addition streets and utility
improvements done on a private basis were submitted and recommended to be
approved. Egan moved, Wachter seconded the motion to approve Contract #86-V
and accept the improvements installed under the Contract for perpetual City
maintenance purposes. All members voted affirmatively.
BUILDING CONTRACTOR LICENSING -.CODE SECTION 6.42
City Administrator Tom Hedges stated that effective January 1, 1983 a
license, bond and insurance requirement for all construction, alteration or
repair of buildings was enacted as an ordinance. For the past four years, the
City has required contractor licenses, performance bonds and liability
insurance. The Building Inspection Department has found that it's been a very
labor intensive exercise for its staff, and the City staff has raised
questions regarding the validity of the performance bond. A meeting was held
including Councilmember Wachter, Chief Building Official Peterson, Assistant
Building Official Reid and City Administrator Hedges on December 11, 1986 and
it was recommended that the Contractor licensing be abolished for a number of
reasons. After discussion, Wachter moved, Egan seconded the motion to approve
amending Section 6.42 by abolishing the construction, alteration or repair of
buildings license, bond and insurance provision of the City Code, and
authorize the implementation of these revisions to the Code, including the
following reasons:
1. The performance bond does not serve any purpose for either the
homeowner or the City if faulty workmanship should occur by a builder or
contractor.
2. It was determined that the City may be increasing its liability
exposure by requiring notice of insurability by each builder, if there is a
claim made any time during the construction of a building.
3. The Building Inspection Department has indicated that when a contract
license is granted, the City must issue bulding permits to the builder
regardless of the builder's performance, unless the contractor's license is
revoked by the City Council.
All members voted yea.
THOMAS LAKE HOUSING SUPPLEMENTAL REGULATORY AGREEMENT
Mr. Hedges explained that the Tax Reform At of 1986 has imposed certain
requirements on multi-family projects including the Thomas Lake Pointe Project
which was granted multi-family housing revenue bonds by the City. It is
necessary for the project to avail itself of certain transitional status
concerning depreciation allowances and a letter from Jack Safar of Dominium
Corporation and a proposed Supplemental Regulatory Agreement was submitted and
recommended that it be approved by the Council. Councilman Smith questioned
which agency would monitor the 10% cap on the profit to be made by the
developer, and Mr. Hedges stated the County HRA will assist the City in
monitoring such issues. Smith moved, Egan seconded the motion to approve the
Supplemental Regulatory Agreement as presented. All members voted yes.
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December 16, 1986
OUTLOT N, LONE OAK ADDITION - VACATION OF UTILITY & PONDING EASEMENT
It was pointed out that it was not necessary to vacate the utility and
ponding easements under Outlot M of Lone Oak Addition because, according to
the staff, the easements had not been recorded. Therefore, Wachter moved,
Egan seconded the motion to rescind the action to vacate the easements as
described and to rescind the public hearing scheduled for January 20, 1987.
All voted in favor.
ADDITIONAL CONSENT AGENDA
The following personnel items were requested to be reviewed and approved
by the City Council.
1. Personnel Items:
a. Seasonal Skating Rink Staff. Schedule of returning staff,
experienced summer staff and new staff for the seasonal skating rink staff
were presented and recommended to be approved.
b. Temporary Park-Time Clerk Typist. It was recommended that the
resignation of Denise Christensen be accepted and that the staff be authorized
to advertise for a replacement for the temporary clerk-typist position in the
Planning Department.
2. Woodgate Lane - Street Lights - Project #490. A Petition was received
from 11 of 17 property owners on Woodgate Lane requesting installation of
street lights for that portion of Mallard Park 2nd Addition. It was
recommended that the Council receive the Petition and authorize the
preparation of the feasibility report for Project 9490, street lights.
3. MnDOT Speed Study Request. It was recommended that the Resolution
requesting MnDOT District #9 to perform required speed studies necessary to
designate the proper speed limit of those streets referenced in Exhibit "A"
attached to the Resolution be approved by the City Council.
Wachter moved, Egan seconded the motion to approve the three foregoing
consent agenda items and authorize their implementation. All members voted in
favor. R 86-99
BROADWAY PIZZA - AMUSEMENT DEVICE LICENSES
It was recommended that the amusement device license to allow for the
installation of two video games at the Broadway Pizza in the Cedar Cliff
Shopping Center be approved. All members voted yes, except Wachter who voted
no.
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Council Minutes
December 16, 1986
c
GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION
Tom Colbert stated the Gun Club Lake WMO has been proceeding with the
preparation of the required watershed management plan in anticipation of
scheduling a public meeting to be held in March of 1987 to present to the
public a draft plan and solicit their input regarding specific management
issues that should be addressed through the completion of the plan. He asked
for any comments from the City Council. No specific action was taken.
DEERWOOD DRIVE - PROJECT #455
Staff explained to the Council that as part of the upgrading of Deerwood
Drive, it was necessary to acquire permanent and temporary construction
easements. A Commissioner's hearing had been held regarding the Floyd and
Victoria Bryant property at the northwest intersection of Deerwood Drive and
Pilot Knob Road, with a Commissioner's award of $10,066.00, the City appraised
damages of $5,700.00 and Owner's appraised damage of $19,142.00. The City
Attorney requested Council approval or denial of the Commissioner's award
determination. Upon motion by Egan, seconded Smith, it was resolved that the
Commissioner's award for the acquisition of the easements under Project #455
in the amount of $10,066.00 be approved. All members voted yes.
BUROW POND AP-50 - CLIFF ROAD
Tom Colbert explained that on February 4 and March 4, 1986, public
hearings were held to discuss the proposed storm sewer outlet for Pond AP-50
Burow Pond. The public hearing was continued because an acceptable alignment
for the storm sewer outlet could not be agreed upon and in the Spring of 1986,
the pond level rose significantly. Developers Construction has submitted a
bill for pumping the pond in the sum of $3,105.00 but Mr. Colbert indicated
that no record of a telephone call to the City had been found requesting City
assistance in pumping the pond. Blomquist moved, Wachter seconded the motion
to direct the staff to review the issue to a greater extent and return to the
City Council with a recommendation. All voted in favor.
POLICE SQUAD CAR BIDS
The City has received the Hennepin County bid for the purchase of police
patrol cars at $11,421.00 per vehicle. Upon motion by Smith, seconded
Wachter, it was resolved that the Council authorize the order of the squad
cars through the Hennepin County Purchasing Program from Thane Hawkins, Polar
Chevrolet, for 8 vehicles at $11,421.00 per vehicle. All members voted yes.
DNR REQUEST FOR SPECIAL HUNT
Mr. Hedges indicated that the DNR has now contacted the City Council and
has withdrawn its request for proposed special deer hunt from December 22
through December 31, 1986. No action was taken.
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Council Minutes
December 16, 1986
MASAC MEETING WORK PLAN - JANUARY 27, 1987
There was discussion by the City Council members regarding a MASAC meeting
scheduled for January 27, 1987 and it was recommended that representatives of
the City be present, together with Administrative Assistant Hohenstein to make
public comment at that meeting regarding air noise in the Eagan area.
CITY HALL RECYCLING SERVICES
A recommendation was made by the staff that the proposal of Rohn
Industries for office paper recycling services for the City offices be
approved. Smith moved, Wachter seconded the motion to approve the
recommendation. All voted in favor.
TOWN CENTRE 70 - PARKS CONTRIBUTION
Tom Hedges indicated that the merchants of the Town Centre 70 shopping
center, through Federal Land Company, have proposed a gift of $10,000.00 for
use by the Park and Recreation Commission of the City. After discussion, Egan
moved, Smith seconded the motion to accept the gift for the Park and
Recreation use but to hold it in a trust account or escrow account until the
City can review the potential for an independent foundation to formally accept
and utilize the funds. All members voted yes.
COMPARABLE WORTH STUDY
Mr. Hedges discussed with the City Council ranges for comparable worth
purposes for City employees. Egan moved, Wachter seconded the motion to
approve the comparable worth plan as recommended and presented to the City
Council. All members voted in favor.
CHECKLIST
Upon motion by Wachter, seconded Egan, it was resolved that the Checklist
be approved, dated December 16, 1986 in the amount of $618,469.13. All
members voted affirmatively. & November 30,1986 in the amount of $845,683.49.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 1:00 a.m.
All members voted yes.
PHH
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