01/07/1986 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JANUARY 7, 1986
A regular meeting of the Eagan City Council was held on Tuesday, January
7, 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 Hedges, Consulting Engineer Bob Rosene, Public Works
Director Colbert, and City Attorney Hauge.
INSTALLATION OF COUNCILMEMBERS
City Administrator Tom Hedges conducted the oath of office and
installation of the following persons as councilmembers: Mayor Bea Blomquist
for a two-year term, Councilman Tom Egan for a four-year term and newly
elected Councilman Vic Ellison for a four-year term.
AGENDA
Wachter moved, Blomquist seconded the motion to approve the agenda as
presented. All voted in favor.
MINUTES
December 17, 1985 - Regular meeting. Egan moved, Wachter seconded the
motion to approve the minutes with the exception on page 7 regarding the Lu
Vang conditional use permit, that Thomas moved, Wachter seconded the motion to
acknowledge removal of the application. All voted in favor.
December 12, 1985 - Special meeting. Upon motion by Wachter, seconded
Egan, it was resolved that the minutes of the special meeting of December 12,
1985 be approved. All voted yea.
DEPARTMENT HEAD BUSINESS
Volunteer Fire Department. Fire Chief Bob Childers appeared after having
been away from the City for 10 weeks at a Northwest Airlines Training School
in Seattle. There was discussion concerning rebuilding the pumper truck and
no specific action was taken.
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Council Minutes
January 7, 1986
Public Works Department - Pollution Control Agency Agreement. Public
Works Director Tom Colbert discussed with the Council the negotiations that he
and City Attorney Paul Hauge have had with Minnesota Pollution Control Agency
representatives concerning a proposed agreement regarding alleged violations
by the City in the acquisition of sanitary sewer permits. A draft Agreement
which is expected will be approved by the PCA Board was submitted and after
discussion, Smith moved, Wachter seconded the motion to approve and adopt the
Agreement. All voted yes.
CONSENT AGENDA
The following consent agenda items were submitted and recommended for
approval:
1. Contractors Licenses. A schedule of contractors licenses submitted to
the City for approval was recommended for adoption by the City Council.
2. Rubbish Haulers License. An application of Lakers Disposal of
Webster, Minnesota for rubbish haulers license for 1986 was submitted and
recommended to be approved.
3. Personnel Items. The following personnel items were submitted to the
Council and it was recommended that the following action be adopted:
a. Planning Aide. It was recommended that Julie Dykstra, presently
the Planning/Engineering Departmental Secretary be hired as
Planning Aide, effective January 6, 1986.
b. Planning/Engineering Secretary. It was recommended that the staff
be authorized to advertise for the Planning/Engineering
Secretarial position.
c. Planner I. It was recommended that Steve Schwanke be hired for
the new Planner I position pending successful completion of the
physical examination.
d. Clerk-Typist. Staff recommended the Council accept the
resignation of Diana Bergman, a clerk typist in the typing pool,
and authorize the staff to advertise for replacement.
4. Athletic Lighting - Contract #85-24. It was recommended that Change
Order No. 2 with Peoples Electric under Contract #85-24 for the Athletic Field
Lighting be approved in the sum of $617.00.
5. Well Repair and Conversion - Contract #84-18. The final payment
request from Bergerson-Caswell, Inc. in the sum of $4,642.40 covering the
sixth payment under Contract #84-18 regarding miscellaneous well conversion
repair was submitted and it was recommended that the payment be acknowledged
and approved.
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January 7, 1986
6. Nicols Road - Project #460 - Feasibility Report. The feasibility
report covering Project #460 regarding Nicols Road (County Road 23) in
anticipation of the turn back from Dakota County, was submitted and it was
recommended that the Council receive the report for street and storm sewer
improvements and schedule a public hearing for February 4, 1986 at 7:00 p.m.
at the Eagan Municipal Center.
7. Wilderness Run 5th Addition - Easement Vacation. A petition was
received for the vacation of certain lot line drainage and utility easements
over Lot 13, Block 6, and Lots 1 and 2, Block 7, Wilderness Run 5th Addition.
It was recommended that the Petition be received and the hearing be scheduled
for February 4, 1986 at 7:00 p.m. at the Eagan Municipal Center.
8. Safari 2nd and Eagan Woods Office Park Additions - Contract #85-16 -
Change Order No. 1. Change Order No. I under Contract #85-16 with an add on
of $850.00 for Part A and addition of $1,977.50 under Part B for a total
change order of $2,827.50 was recommended to be approved and that the Mayor
and City Clerk be authorized to execute the related documents.
9. MWCC Trunk Facility - Project #464. A resolution authorizing sanitary
sewer connection to the Metropolitan Waste Control Commission trunk facility
for the Wyndham Corporate Center Addition was prepared and submitted by the
staff. It was recommended that the resolution be adopted by the City Council.
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10. Northview Meadows Addition - Utility Easement Vacation. A request
from the developer of the Northview Meadows Addition for vacation of common
lot line drainage and utility easements over Lots I through 5, Block 4, of
Northview Meadows Addition was submitted. The staff recommended that the
Petition be received and that the council schedule a public hearing for
February 4, 1986 at the Eagan Municipal Center commencing at 7:00 p.m.
Egan moved, Wachter seconded the motion to approve the foregoing consent
agenda items and authorize their implementation. All voted in favor.
BRITTANY 7TH ADDITION - EASEMENT VACATION
A petition from Tollefson Builders, Inc. for vacation of a partial utility
easement over Lot 5, Block 2, Brittany 7th Addition was submitted. The staff
discussed with the Council members the issue regarding the misplacement and
the construction of a sanitary sewer line outside of the easement and the
construction of a residential home over a portion of a public easement. A
Hold Harmless Agreement has been prepared by the City Attorney and is being
circulated for approval. Blomquist moved, Egan seconded the motion to receive
the Petition and authorize the public hearing for February 4, 1986 at 7:00
p.m. at the Eagan Municipal Center. All voted yea.
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January 7, 1986,x?
CEDAR CLIFF COMMERCIAL PARK - GRADING PERMIT EX30-285
AND RAHN CLIFF 1ST ADDITION - PROJECT #468
The application from M. G. Astleford, Inc. for grading permit EX30-285
over Outlot A. Cedar Cliff Commercial Park was submitted. Staff recommended
approval. In addition, a petition has been received for feasibility report
for streets and utilities under Project #468 for Rahn Cliff 1st Addition. It
was recommended the petition be received by the Council and that the
feasibility report be authorized to be prepared by the consulting engineer.
Wachter moved, Egan seconded the motion to approve the applications and
recommend their implementation, subject however, to payment of all delinquent
fees by M. G. Astleford, Inc. to the City of Eagan. All councilmembers voted
yes.
YANKEE DOODLE ROAD - PROJECT #461
CLIFF ROAD - PROJECT #463 & BERYL POND - PROJECT #452
A feasibility report was submitted for the proposed upgrading of Yankee
Doodle Road from I-35E to Lexington Avenue as a four-lane divided roadway. It
was recommended the Council receive the feasibility report and that it
schedule a public hearing at the Municipal Center at 7:00 p.m. on February 4,
1986.
There was discussion concerning the feasibility report submitted for Cliff
Road to provide for the upgrading of Cliff Road by the County of Dakota from
Trunk Highway #3 to C.S.A.H. #71 in Inver Grove Heights. It was noted that
only 300 feet of the road is located within the City of Eagan, but there will
be a requirement for the removal of a residential home. There was concern
that there would be only two-lane blacktopping at the present time, with
grading scheduled in 1986 and bituminous overlay to be placed in 1987. All
grading for a four-lane road, however, will be installed within the proposed
contract.
The feasibility report for Project #452 concerning trunk storm sewer
outlet for Beryl Pond AP-50 was submitted and it was recommended that the
Council schedule the public hearing on the report.
Wachter moved, Egan seconded the motion to approve the recommendations
covering Projects #461, #463 and #452 and order public hearings to be held
before the City Council on February 4, 1986 at 7:00 p.m. at the Eagan
Municipal Center. All voted in favor.
EAGANDALE OFFICE PARK - UTILITY EASEMENT VACATION
The public hearing regarding vacation of utility easements over Lots 2, 3,
and 4, Eagandale Office Park was convened by Mayor Blomquist. Tom Colbert
explained the request by the City Council for the vacation of the easements
and there were no objections or appearances on behalf of the applicant. After
discussion, Wachter moved, Smith seconded the motion to close the hearing and
to approve the vacation of the common lot line drainage and utility easements
according to the Petition and authorize the City Clerk and Mayor to execute
the related documents. All members voted in favor.
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January 7, 1986
BLUE GENTIAN ROAD - VACATION OF STREET RIGHT-OF-WAY
The next public hearing convened by the Mayor concerned the vacation of
street right-of-way for Blue Gentian Road within the proposed Robins Addition.
Tom Colbert revealed to the City Council that a portion of Blue Gentian Road
had been abandoned and relocated through the upgrading of 1-494 and the
interchange with Trunk Highway #149. He noted there had been some
discrepancies in the legal description and a revision was being requested and
therefore recommended continuance of the hearing. Smith moved, Egan seconded
the motion to continue the hearing to the February 4th, 1986 regular meeting.
All voted yes.
CEDAR INDUSTRIAL PARK - CONDITIONAL USE PERMIT & VARIANCE
An application of Norman Poquette for conditional use permit for on-site
apartment for mini-storage and zero lot line variance on 1.7 acres on Lot 2,
Block 1, Cedar Industrial Park came to the City Council. Public hearings were
held on October 22, 1985 and December 19, 1985 by the Advisory Planning
Commission, each of which times the Commission recommended denial. A revision
had been brought to the Planning Commission in December. It was noted that
there was no appearance on behalf of the applicant and Smith moved, Egan
seconded the motion to continue the application until the first regular
Council meeting in February, 1986. All voted yea.
SIENNA CORPORATION - SPECIAL PERMIT FOR DIRECTIONAL SIGN
An application of Sienna Corporation to allow a two-directional sign in
the northwest corner of the intersection of Pilot Knob Road and Cliff Road
came to the Council. Dale Runkle detailed the application briefly and a
representative of Sienna Corporation was present. There were no objections
and councilmembers discussed the proposal that the staff submit to the Council
suggested revisions to the sign ordinance to provide for consolidation of
signs at the major intersections within the City. Councilman Ellison
suggested formulating a policy concerning numbers of signs at specific
locations and the time frame for the continuation of the permits. Smith
moved, Egan seconded the motion to approve the application with direction to
the staff that it determine whether the other signs at the intersection are in
compliance with the Sign Ordinance, and subject to the following conditions:
1. The one time sign fee of $2.50/sq.ft. shall be paid before the
installation.
2. The sign height shall not exceed the 8 feet as shown on the exhibit.
3. The sign shall be located 10 feet within the right-of-way/property
lines.
4. All other application ordinances 'shall apply.
All councilmembers voted yes.
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January 7, 1986 C
SIENNA CORPORATION - PILOT KNOB ROAD & DEERWOOD DRIVE - SIGN PERMIT
An application of Sienna Corporation for special permit to allow a two-
directional sign at the northeast corner of Pilot Knob Road and Deerwood Drive
next came to the Council for its consideration. Dale Runkle again detailed
the application noting that the two existing signs will be replaced by the
single proposed sign for two developers in the Birch Park Addition. Smith
moved, Wachter seconded the motion to approve the application subject to the
following conditions:
1. The sign shall be a minimum of 60 feet from the Pilot Knob center line
and 43 feet from the Deerwood center line.
2. The height of the sign shall not exceed that of the existing signs.
3. The one time sign fee of $2.50/sq.ft. shall be waived as permit fees
for both signs have been paid previously.
4. The existing signs shall be removed concurrently with the installation
of the subject sign.
5. All other applicable ordinances shall apply.
All councilmembers voted affirmatively.
SIGN ORDINANCE REVISION
Councilman Egan moved, Mayor Blomquist seconded the motion to direct the
staff to prepare options for revisions to the Sign Ordinance and sign policy
concerning advertising directional signs at primary and major intersections
within the City, including the placement of the signs, the types of property
upon which the signs may be located, the lineal distances between the signs,
sizes, lighting, grouping of signs, and their maintenance, with the
understanding that the applications that are included on the January 7, 1986
agenda may be required to comply with the proposed revisions that would be
considered by the City Council at a later meeting. All voted yes.
TRUNK UTILITY ASSESSMENT RATE SCHEDULE FOR 1986
A report submitted by the consulting engineering firm of Bonestroo,
Rosene, Anderlik & Associates covering trunk assessment rates for utilities
and streets within Eagan in 1986 was submitted for review and approval by the
Council. It was noted the rates are predetermined on an annual basis and a
detailed report has been prepared annually by the consulting engineering
office for City Council approval. Tom Colbert reviewed the proposed rates and
explained that certain non-construction costs, including sanitary sewer and
storm sewer easement acquisitions and potential litigation regarding
contractor's disputes, make the estimates, particularly for sanitary sewer and
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Council Minutes
January 7, 1986 storm sewer rates, uncertain. Projected rates are included and those are the
only rates basically that have been increased over 1985 annual rates. Staff
recommended approval of the report. Smith moved, Wachter seconded the motion
to approve the trunk assessment rate schedule as submitted effective for 1986.
All voted yes.
MURPHY STREET DESIGNATION
A letter was received from former Mayor Leo Murphy requesting that the
I-35E/Deerwood frontage road on the west side of I-35E be designated as Murphy
Street. It was noted that MnDot had designated it D & C Access Road without
an official name at the present time. The letter detailed some of the history
of the area and it was noted that Ed Dunn and Leo Murphy had met and it was
jointly suggested that the road be named Murphy Parkway. Mr. Murphy now
suggested his driveway be named Murphy Street and because of the concern about
the designation of the D & C Access Road, Egan moved, Wachter seconded the
motion to continue consideration of the naming of the street indefinitely and
to refer the issue to the Advisory Park Commission for recommendation, and
further to encourage Mr. Murphy and Mr. Dunn to submit suggestions to the Park
Committee. All voted in favor.
BEER & WINE APPLICATION FEES
City Administrator Tom Hedges requested the City Council clarify the
application fees for non-intoxicating liquor and wine, noting that recently
the wine application investigation fee had been reduced from $350.00 to
$200.00. The beer investigation fee remains $350.00, which creates confusion
for restaurant owners applying for beer and wine licenses. Wachter moved,
Smith seconded the motion to adopt an investigation fee of $350.00 for
application and investigation fee for on-sale wine licenses, and $200.00 for
investigation fee for on-sale 3.2 beer license applications, and $350.00
maximum investigation fee for combined wine and 3.2 beer applications. All
voted yes.
COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL FOR 1986
Dale Runkle discussed with the City Council a request from Councilmembers
for the addition of a senior citizen housing survey to be funded with the
Community Block Grant proposal for 1986. The three-city committee met since
the City Council meeting of December 7, 1985 and appropriated an additional
$15,000.00 to incorporate a study for senior citizen housing. The City
Planner recommended that a motion be enacted that would adopt a rehabilitation
program and senior citizen housing as eligible activities to be submitted to
the County for 1986 funding. Egan moved, Wachter seconded the motion to adopt
the recommendation as presented. A11 members voted in favor.
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EAGAN LIONS CLUB - GAMBLING LICENSE APPLICATION
An application from the Eagan Lions Club for one-year Class B Gambling
License covering raffles, paddle wheels, tip boards and pull tabs was
submitted to the Council for its review. Councilman Wachter suggested the
neighboring property owners to the Diamond T Ranch be advised of the
application. After discussion, Egan moved, Wachter seconded the motion to
continue the application until the January 21, 1986 regular meeting. There
were five ayes.
NICOLS ROAD UPGRADING - 1986
Richard Schweim from Jerry's Garden Center appeared and expressed concerns
regarding the proposed closing of Nicols Road during its upgrading in 1986,
noting that it could have a disastrous affect upon the Garden Center's
business if it occurs prior to August. He requested consideration be given by
the Council to stage the construction to avoid major impact on his business.
OHMAN PROPERTY - PARK ACQUISITION
Wachter reported that he had met with Mrs. Frank Lehmann, one of the
owners of the Ohman property and Ken Vraa was present to discuss the current
status of the acquisition of certain parcels within the Ohman property at the
southeast intersection of Cliff and Pilot Knob Roads. It was recommended that
a formal letter of intent to purchase Parcel F be submitted to the owner with
certain conditions. After extended discussion, Blomquist moved, Wachter
seconded the motion to authorize the staff to submit a formal letter of intent
for the purchase of Parcel F consisting of 15 acres at the rate of $13,000.00
per acre with the understanding that it will be subject to the preparation and
adoption of a final purchase agreement, that the property not be developed
until 1989, that the sellers would be permitted to use the property for garden
purposes for approximately two years, and that the property would in some way
possibly include the Ohman name within the park designation. All
councilmembers voted affirmatively.
DAROLD HOLDEN - SPECIAL ASSESSMENT APPEAL
Tom Colbert and Paul Hauge discussed with the City Council the special
assessment appeal that had been brought by Darold Holden covering his property
along Blackhawk Road. A motion for amended Findings was not successful and
Mr. Colbert recommended that the City Council authorize the appeal of the
assessments to the Minnesota Appellate Court, noting that there appeared to be
errors in the District Court's Findings regarding the assessments. After
discussion, Smith moved, Egan seconded the motion to direct the City
Attorney's office to institute an appeal of the special assessments. All
voted in favor.
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UTILITY POLE INSTALLATION
Tom Colbert reported that complaints had been received by the City and
Councilmembers from residents regarding the installation of electric utility
poles by Cooperative Power and Dakota Electric in certain locations within the
City. It was noted that additional power lines are required and the staff was
requested to answer the residents' complaints.
CHECKLIST
Egan moved, Wachter seconded the motion to approve the following checklist
dated January 6,1986 in the amount of $1S6,19q_41 All voted
yea. & January 7, 1986 $147,243.62
ADJOURNMENT
Upon motion by Egan, seconded Wachter, it was resolved that the meeting
adjourn at 9:40 p.m. All voted yea.
PHH
Cit ierk
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