03/04/1986 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MARCH 4, 1986
A regular meeting of the Eagan City Council was held on Tuesday, March 4,
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 Engineers Bob Rosene and Mark Hansen, Public
Works Director Colbert, City-Planner Runkle and City Attorney Hauge.
AGENDA
Ellison moved, Egan seconded the motion to approve the Agenda as
distributed. All voted yes.
MINUTES
Smith moved, Wachter seconded the motion to approve the minutes of the
regular meeting of February 18, 1986 with the following revisions: page 4,
No. 6 Wescott Road, Project #467 Hearing will be on March 19, 1986 at 7:00
p.m.; page 5, Nicols Road Project #460, sidewalk will generally be within the
City street easement and that the standard is for about a 9 to 10 foot
boulevard for snow storage and safety purposes from the improved roadway to
the trail; page 6, Nicols Road Project #460, Blomquist moved, Smith seconded
the motion to order in the improvement and that staff work with the affected
owners along Nicols Road concerning the location of the trail. . . page 8,
Gun Club Lake Watershed Management Commission Appointment, should read, City
Administrator Hedges stated that four persons were given consideration at the
last council meeting for appointment to the Gun Club Lake Commission. All
members voted yes.
SILVER BELL CENTER PLAT
Mayor Blomquist was concerned that the name for the proposed Silver Bell
Center plat at the northwest corner of Silver Bell Road and Highway #13 be
renamed so as not to confuse it with the Silver Bell Center at the southeast
.corner of that same intersection. Blomquist moved, Smith seconded the motion
to request that the developer of the proposed subdivision revise the name and
all documents relating to the subdivision, including the City Council Minutes,
prior to the approval of the final plat for Dallas Development Company. All
voted yes.
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CONSENT AGENDA
Egan moves, Smith seconded the motion to approve the following consent
agenda items and authorize their implementation:
1. Contractor Licenses. A schedule of contractor license applications
was submitted and recommended to be approved.
2. Personnel Items.
a. Clerk/Typist - Park & Recreation/Protective Inspections. It was
recommended that the Council acknowledge the notification by Mary Weathers
that she will not be accepting the position of clerk/typist for the City.
b. Engineering Tech II. It was recommended the Council accept the
resignation of Scott M. Merkiey and authorize the advertisement for a new
Engineering Tech II.
c. Clerk/Typist - Park & Recreation/Protective Inspections. It was
recommended that Barbara Sellars be appointed as clerk/typist for the Park &
Recreation/Protective Inspections Departments with the appointment being
effective February 24, 1986, subject to compliance with all City requirements.
d. Clerk/Typist - Pool (Administration). The staff recommended that
the Council approve the appointment of J. Marlynn Carriere as a part-time
clerk/typist, 4 hours a day for the Administration typing pool, to be
effective March 5, 1986, subject to successful completion of the City's
physical examination requirement.
3. St. John Neumann Church - On-Sale Beer License. An application was
submitted by St. John Neumann Church for consumption and display license for
March 5, 1986 and it was recommended that the application be approved.
4. Lone Oak Addition - Utility Easement Vacation. The staff received a
Petition to vacate a common lot line drainage and utility easement dedicated
around the perimeter of Outlot F, Lone Oak Addition and it was recommended the
Council receive the Petition and schedule a public hearing to be held on April
1, 1986 at 7:00 p.m. at the City Municipal Center.
5. Joint Powers Agreement - Traffic Lane Striping Contract. The cities
of Eagan, Burnsville, Apple Valley and Rosemount have prepared a Joint Powers
Agreement, allowing for a cooperative contract for traffic lane striping
performed on an annual basis. It was recommended that the Council approve the
Agreement.
6. Northern Natural Gas Company - Easement Conveyance. The previous 25
year lease with Northern Natural Gas Company for a pumping facility near the
water treatment plant expired and NNG has now requested an extension of the
lease. The staff recommended certain improvements to the property and now
recommended that the Council approve the easement for a period of 50 years,
allowing NNG to operate and maintain its existing pressure station facility on
Coachman Road near the water treatment plant, and authorize the Mayor and City
Clerk to execute all related documents.
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7. Overhill Farm 2nd Addition - Preliminary Plat Extension Request. An
extension request from David Dehler of Overhill Properties, Inc. for approval
of the preliminary plat to September 19, 1986 was submitted. Staff
recommended that the Council approve the extension.
8. Optimist Club Proclamation. The Eagan Optimist Club requested that
the City proclaim the week of April 7 to 11 as Youth Appreciation Week in the
City of Eagan, and the staff recommended approval.
9. Silver Bell Center Grading Permit - Dallas Development Co. An
application for grading permit in conjunction with the recently approved
preliminary plat of the proposed Silver Bell Center has been received and
staff recommended that the application be approved, subject to compliance with
City requirements.
All voted in favor.
FISCAL DISPARITIES BILL
Tom Hedges announced that a bill may be proposed in the 1986 Legislature
regarding fiscal disparities revisions. Councilman Ellison reported that four
separate bills have been discussed but that no bills have been introduced at
the present time.
PROJECT #414 - PINE RIDGE DRIVE - STREET ASSESSMENTS
The final assessment roll for Project #414 was submitted and the Mayor
convened the public hearing regarding the proposed assessments. Tom Colbert,
the Public Works Director, described the final assessments and there were no
objections to the roll. Jim Woods, an affected property owner, questioned how
the repairs would be paid in the future. Egan moved, Ellison seconded the
motion to close the public hearing and to approve the final assessment roll
and authorize the certification to the County for collection of unpaid
assessments, to be spread over 15 years at 9% interest. All voted yea.
CEDARVALE INDUSTRIAL PARK - TRUNK STORM SEWER - PROJECT #428
Mayor Blomquist then convened the public hearing regarding the final
assessment roll for Project #428 consisting of storm sewer improvements in the
Cedarvale Industrial Park area. Tom Colbert detailed the assessments,
explaining the rates, the area covered, the number of parcels affected,
consisting of 96, and the 15 year proposed assessment period with an interest
rate at 9% for a total amount assessed to be $129,051.42. He noted that
Luther Stalland submitted an objection which the Council understood to mean
the property on Nicols Road, near the railroad right-of-way, understanding
that the property was not developable. Other objections were received from
Jerome Utecht and Ellerbe, Inc. Mr. Colbert recommended deleting the
Stallana property from the roll until such time as the property is developed.
Wachter moved, Egan seconded the motion to close the hearing, to adopt the
assessment roll and to authorize the certification to the County for
collection of unpaid assessments to be spread over 15 years at 9% interest
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March 4, 1986 OOOHS
with the exception of the Luther Stalland property, to be deleted until the
property is developed, and that the assessments then be levied at the rates
then in effect. All members voted in favor.
WINDTREE 4TH ADDITION - PROJECT #437 - FINAL ASSESSMENT HEARING
The next public hearing convened by Mayor Blomquist consisted of Project
#437 relating to streets and utilities in Windtree 4th Addition. Mr. Colbert
detailed the assessments and there were some questions from residential
buyers. Mr. Colbert indicated the assessments are escrowed pending final levy
by mortgage companies. There being no objections, Smith moved, Wachter
seconded the motion to close the public hearing, approve the final assessment
roll for Project #437 and authorize the certification of the assessments to
Dakota County for collection of the unpaid assessments. All members voted
affirmatively.
LEXINGTON PLACE SOUTH - STREET ASSESSMENTS - PROJECT #438
Mayor Blomquist next convened the public hearing regarding Project #438
consisting of the final assessment hearing for Lexington Place South street
improvements. Again, the Public Works Director Tom Colbert reviewed with the
Council the assessment roll and noted that although the feasibility report
proposed that the cost be spread equally on a per lot basis, the final
assessment roll was prepared spreading the assessments on a front footage
basis in response to the request of the developers affected. There were no
objections to the assessments and after discussion and review, Egan moved,
Ellison seconded the motion to close the hearing, to approve the final
assessment roll for Project #438 and authorize the City Clerk to certify the
assessments to the Dakota County Auditor for collection. A representative
from Orrin Thompson Homes was present and had questions about assessments
against an unplatted portion of the development. All voted yes.
ASHBURY ROAD - PROJECT #454 - PUBLIC HEARING
Mayor Blomquist convened the public hearing regarding Project #454
consisting of an addendum to Ashbury Road trailway, pond elevation and
excavation project improvements. On December 3, 1985, the City Council held a
public hearing requesting installation of streets and utilities for Ashbury
Road construction from Blackhawk Glen to Blue Cross Road. Certain
modifications have been requested through negotiations with Blue Cross/Blue
Shield and Sienna Corporation in addition to modifying various pond elevations
maximizing the control of water depth and the need to continue the sidewalk
trailway from Blackhawk Glen Addition to Blue Cross Road. Mr. Colbert
explained to the City Council members and interested property owners present,
the proposed changes and Mark Hansen also detailed the revisions for the
interested persons. Councilman Smith requested trees be removed before the
pond levels are increased. There were other questions by City Council
members, primarily regarding the pond levels, but no objections to the
project. Smith moved, Wachter seconded the motion to close the public
hearing, to approve Project #454 Addendum No. 2 and authorize the preparation
of the detailed plans and specifications. All councilmembers voted yes.
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KAHN RIDGE - TRUNK STORM SEWER - PROJECT #465
The public hearing concerning Project #465 consisting of trunk storm sewer
improvements for Rahn Ridge area was then convened by the Mayor. Mr. Colbert
and Mr. Hansen detailed the project, including the proposed improvements to be
constructed and the projected assessments. There were no objections to the
project, and after discussion, Wachter moved, Egan seconded the motion to
close the public hearing and approve Project #465 and authorize the
preparation of detailed plans and specifications. All members voted yea.
BUROW POND - STORM SEWER OUTLET - PROJECT #452
The next public hearing convened by Mayor Bea Blomquist consisted of Burow
Pond storm sewer outlet improvements for Project #452. A petition had been
submitted by Loren Spande, the developer of Lot i, Block 1, Cedar Cliff
Commercial Park 2nd Addition requesting a feasibility study for the Burow Pond
outlet and Mr. Colbert and Mr. Hansen were present to explain the proposed
improvements. A public hearing was held on February 4, 1986 at which time the
Council received a letter of concern from Federal Land Company, owner of
property impacted by the various alignment alternates, objecting to timing and
location of the outlet. Several alternates were discussed, including the
extra depth for additional cost involved under Alternate 2 as opposed to
Alternate 1. Because of concerns about going through the park land and the
potential tree loss, Alternate C and D were also prepared which would involve
greater expense.
Mark Battis, attorney with Federal Land Company, appeared and reviewed two
letters of February 4 and February 28, 1986, explaining the objections of
Federal Lana Company. He stated it would be premature for Federal Lana
property to install the improvements and also the uncertainty of the internal
street alignment. He requested the project be deferred. Mr. Colbert stated
the concerns by the developer of the Cedar Cliff Commercial Addition and Loren
Spande was present, also expressing such concerns regarding the possibility of
greatly increased run-off into Burow Pond.
After extensive discussion, Smith moved, Egan seconded the motion to close
the public hearing and direct the staff to work with the developer to attempt
to provide an acceptable alternative, with the understanding that staff will
continue to monitor the water level of Burow Pond, noting the possibility that
the improvements may be premature at the present time. All councilmembers
voted yes.
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TOLLEFSON BUILDERS - CONTRACTOR LICENSE SUSPENSION
City Administrator Tom Hedges reviewed the background of the proposed
revocation of the suspension of contractor's license and the proposed vacation
of utility easement for Lot 5, Block 2, Brittany 7th Addition. He noted that
at the February 4, 1986 meeting, the City Council held a public hearing
regarding the easement vacation, adopted a resolution temporarily denying
further building permits and grant of the contractor's license for 1986, it
requested notification be given to Tollefson Builders of the council's action,
that a preliminary meeting be held with Tollefson Builders and an opportunity
for the City staff to compile information and data relative to Tollefson
Builders construction issues within the City. Reports had been submitted,
both by the chief building inspector and by the Public Works Director and a
meeting had been held with Tollefson Builders. The staff report from the City
Administrator also was reviewed by the City Council, recommending several
courses of action, including no action, suspension of the issuance of building
permits and the non-renewal of the contractors license, and agreement
regarding future activity within the City or a combination of the
recommendations.
Glen Nora, attorney, appeared on behalf of Tollefson Builders, as did Carl
Tollefson. Mr. Nord denied any improprieties and stated the objective was to
overcome any perceived problems. He suggested a continuation for two weeks to
allow the staff and Tollefson Builder representatives to meet and attempt to
work out a proposed agreement regarding future action. He further stated that
Tollefson has directed the grouting be completed within the Brittany 7th
Addition, and further requested the vacation hearing be rescheduled. He also
asked that the City provide more specific information as to its objections and
alleged improprieties by Tollefson.
Two members of the Briar Hill Homeowner's Association Board were present
and requested that the Council continue to suspend building permit
applications because of alleged building construction problems, easement
problems and the lack of completion of the bike trail in the Briar Hill area.
He further stated that no escrow funds were available when the Homeowners took
over the Association.
Michael Frank of Norwood Drive stated that water has backed up in his
basement. Doug Lee, a purchaser of a Tollefson home, indicated that
litigation is pending involving alleged defects in his home built by
Tollefson. Sherry Gullett of Norwood Drive, complained about construction
improprieties, as aid Dan Dorgan, a Tollefson Builders home buyer on Denmark
Trail.
Staff recommended that any decision reached by the Council provide
adequate reasons for the decision and there was discussion concerning a
meeting between the developer and staff scheduled for Friday, March 7, to
attempt to prepare a proposed Agreement relating to future action by the City
Council. Councilman Egan stated that exceptional and unique circumstances
must be shown for the City to withhold any licenses or permits from a builder.
Smith moved, Ellison seconded the motion to continue consideration of the
suspension of the contractor's license and further building permits by the
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March 4, 1986 0,'j '
City to Tollefson Builders to allow staff to meet with the developer and any
other interested parties with a proposal to be submitted to the Council at its
meeting on March 19, 1986 for possible resolution of the issues. All members
voted in favor.
HONG WONG RESTAURANT - ON-SALE LIQUOR - CONDITIONAL USE PERMIT
The application of the Hong Wong Restaurant owners for conditional use
permit for an on-sale liquor license at the restaurant in Cedar Cliff Shopping
Center again came before the Council. On February 18, 1986, the Council took
action to amend the on-sale liquor license policies, to allow for the issuance
of two licenses for establishments such as Hong Wong Restaurant located in a
commercial shopping center with the building valuation requirement of
$200,000.00 being waived. Mr. Hedges noted that the City staff had researched
various alternates regarding the issuance of on-sale liquor licenses, and also
had renoticed the interested owners and residents in the neighborhood
regarding this application.
Steve Darling, a neighboring property owner, appeared and stated that less
than 40% of the local homeowners had signed the Petition in favor of the
application, and also indicated that the owners understood that only a service
bar in the kitchen would be provided. He requested that the Council reject
the application, based upon the understanding that a commitment had been made
by the developer to the City that no on-sale liquor license would be requested
in the shopping center.
William Lim, the owner of the Hong Wong Restaurant, appeared and stated
that there is a large turn-over in the owners of the residences and requested
that the Council approve the application. Councilman Smith stated that only
one resident appeared in opposition to the application, there had been no
problems with the beer and wine licenses issued for the restaurant and
generally the neighboring residents and affected persons appeared to be in
favor of the application.
Smith moved, Egan seconded the motion to approve the application, subject
to the following conditions:
1. The necessary permits shall be approved by the City Police Department.
2. All other applicable ordinances shall be adhered to.
Those in favor were Smith, Egan and Blomquist; those against were Wachter
and Ellison.
ON-SALE LIQUOR LICENSE - HONG WONG RESTAURANT
The application of Hong Wong Restaurant for on-sale liquor license was
then submitted to the Council for its consideration. There were no objections
to the application and the applicant was present. Egan moved, Smith seconded
the motion to approve the application, subject to compliance with all City
ordinance requirements. Those in favor were Egan, Blomquist and Smith; those
against were Wachter and Ellison.
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EAGAN CONVENIENCE CENTER - K. CHARLES DEVELOPMENT CORPORATION
PRELIMINARY PLAT AND CONDITIONAL USE PERMIT
The application of K. Charles Development Corporation for preliminary plat
approval for strip commercial facility, conditional use permit approval for
drive-in restaurant facility and pylon sign approval, was brought to the
Council for review. Dale Runkle explained the application and noted that the
public hearing was held by the Advisory Planning Commission at its meeting on
January 28, 1986 recommending approval, subject to certain conditions. The
City Council, at its meeting on February 18, 1986, had concerns about the
overall development of the property to the south and to the east and access to
the various parcels. A plan was submitted by the developer, including access
points from Duckwood Drive and Krestwood Lane, prior to the Council meeting.
Mayor Blomquist was concerned that the staff and the developer had not
addressed access to the outlot to the south of the subject property and Mr.
Colbert discussed the impact of the access locations on the specific plan as
being proposed.
Councilman Smith also stated that there had been no plan provided as
requested at the last meeting, showing interior traffic patterns to the east.
Chip Glazier, president of K. Charles Development Corporation, was present as
was Ken Applebaum who stated he was uncertain as to how the property to the
east would be developed. He also indicated that the owners will work out a
cross easement and access between the two parcels and stated that the property
to the east would not be developed in a piecemeal fashion.
There were also concerns about parking and access space, including snow
storage on the south side of the shopping center, and it was noted that the
parking would be for employees only. After considerable discussion, Ellison
moved, Egan seconded the motion to approve the application, subject to the
following conditions:
1. The development shall be approved, subject to implementation of all
the access points from Duckwood Drive on the most recent drawings submitted.
2. A common access easement shall be provided, acceptable to the City,
between the K. Charles property and the property to the east.
3. Traffic circulation and parking stall site plan must be approved by
the Engineering Department prior to final plat approval.
4. The applicant shall provide adequate traffic direction signs.
5. This development shall be responsible for extending the existing storm
sewer from Krestwood Lane to its east line.
6. This development shall be responsible for working with the development
across the street to line up their respective accesses onto Krestwood Lane.
7. Only one access shall be allowed onto Krestwood Lane for the outlot.
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March 4, 1986
8. Cross easements shall be provided by the applicant so that both the
developed lot and future outlot can share one access onto Krestwood Lane.
9. This development shall dedicate,40 foot and 30 foot half right-of-ways
for Duckwood Drive and Krestwood Lane respectively.
10. This development shall be responsible for trunk storm sewer area
assessments at the rates in effect at the time of final platting.
11. The pylon sign shall be located 10 feet within the property line and
subject to the one time sign ordinance fee of $2.50 per square foot.
12. A detailed landscape plan on the proposed grading plan shall be
submitted demonstrating suitable screening and berming of the parking areas.
13. An easement shall be created between Lot I and the Outlot to provide
road access between the two parcels at the time the outlot is developed.
All voted in favor.
SEE PLAT FILE
AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT
The application of Airco Industrial Gases for conditional use permit to
allow above-ground liquid storage tanks on Lot 5 of Imre Addition, west of
Trunk Highway #149 and north of Trunk Highway #55 was considered by the
Council. The Advisory Planning Commission initially recommended denial of the
application, but at its meeting on February 25, 1986, the Commission
recommended approval, subject to certain conditions. The City Council, at its
meeting on February 18, 1986 reviewed the application and noted changes and
requested further review by the APC. Dale Runkle introduced the proposal and
the applicant was present. The proposal was for two 50 ton tanks of 9 feet in
height, noting that it would be a distribution system only. Formerly, the
applicant had planned 250 ton tanks. There were no objections and Egan moved,
Wachter seconded the motion to approve the application, subject to the
following conditions:
1. A detailed landscape plan shall be submitted to bring the area into
compliance with City Code. Screening shall be encouraged to lessen the impact
of the two tanks.
All voted in favor.
Councilman Wachter was excused from the meeting at this time.
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JOHNSON-REILAND CONSTRUCTION - SIDE YARD SETBACK VARIANCE
The application of Johnson-Reiland Construction Co. for 15 foot side yard
setback on an estate zoned lot, Block 1, Lot 5, Oak Chase 5th Addition, came
to the Council. Dale Runkle briefly explained the application and Dave
Banaszewski, a neighboring property owner appeared and initially objected to
the variance, noting that his residence complied with the setback and objected
to the variance. Dave Johnson, the contractor, appeared and stated that the
reason for the setback is that there is a family room on the garage side and
because the lot is extremely large, it should present no problem, due to the
variance. Mr. Banaszewski withdrew his objection and Egan moved, Ellison
seconded the motion to approve the application, subject to compliance with all
other City ordinances. All voted yea.
EPPEN - SPECIAL PERMIT - NURSERY SCHOOL
An application of Burton and Mayone Eppen for special permit to allow a
nursery school for no more than 10 students, located at 1658 Woodgate Lane,
came to the Council. The applicant had requested a continuance. Egan moved,
Ellison seconded the motion to continue the application to the March 19, 1986
meeting. All voted affirmatively.
LAUKKA-BECK - WAIVER OF PLAT SPLIT
The application of Laukka-Beck of Eagan for waiver of plat to split Outlot
F in the Lone Oak Addition was brought to the Council for its review. The
Advisory Planning Commission, at its meeting on February 25, 1986 considered
the application for waiver of plat in order to donate a parcel 150 feet by 550
feet to Trinity Lone Oak Lutheran Church on Highway #55. The APC recommended
approval. Warren Beck was present and there were no objections. Smith moved,
Egan seconded the motion to approve the application, subject to compliance
with necessary City requirements. All voted in favor.
R 86-7
PARKS DEDICATION ORDINANCE REVIEW
Tom Hedges again reviewed with the City Council a detailed report prepared
by Ken Vraa, Director of Parks and Recreation, dated February 4, 1986 relating
to the Parks Dedication Ordinance. It included background, the current state
of the law regarding park dedication, and the current City Code. In addition,
there were proposals for revision to the Code, including procedures and method
of determining the dedication of land and fee dedication, and it was suggested
that stronger wording be included in the Code to define the formula for parks
dedication. There was discussion of specific recommendations and no action
was taken, but there was general consensus that the concepts presented were
favorable and that the staff should continue to review the proposed changes to
the City Code.
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ASHBURY ROAD - STREETS AND UTILITIES - CONTRACT #86-3
The bids concerning street and utility improvements for Ashbury Road under
City Contract #86-3, Project #454, were received on February 28, 1986. There
was discussion concerning the grant of the contract to the low bidder, Richard
Knutson, Inc. with the low bid of $65,746.20, noting that the City had been
involved in two arbitration disputes in recent years with Richard Knutson.
The staff recommended approval and emphasized the need to continually monitor
the project, the fact that the developer will be bonded and additional
inspection will be provided. Egan moved, Ellison seconded the motion to
accept the low bid and award the contract to Richard Knutson, Inc. All voted
yes.
SEWER JETTER & VACUUM PUMP - MAINTENANCE EQUIPMENT
Bids were received for the purchase of the sewer fetter and vacuum pump on
February 20, 1986 and the staff recommended that the second low bidder for
each of the pieces of equipment be approved. He noted that MacQueen
Equipment, Inc. did not meet the specifications in five specific areas
relating to the equipment and recommended Flexible Pipe Tool Company be
awarded both contracts. Egan moved, Ellison seconded the motion to approve
the bid of Flexible Pipe Tool Company for the trailer mount vacuum sewer
inductor in the bid amount of $22,986.00 and the truck mounted high velocity
sewer fetter in the bid amount of $56,735.00. It was noted that Flexible Pipe
Tool Company was the only bidder on the sewer fetter. All members voted yes.
DEERWOOD DRIVE FRONTAGE ROAD & I-35E - STREET NAME DESIGNATION
A request had been made by Leo Murphy and Mr. Ed Dunn regarding the street
name designation for the frontage road along 1-35E and Deerwood Drive and
staff recommended continuance of the decision. Egan moved, Ellison seconded
the motion to approve and implement the recommendation. All voted yes.
COLLECTIVE BARGAINING CONTRACTS
City Administrator Tom Hedges presented to the Council the current
proposals for approval of collective bargaining contracts for City employees.
counter proposal from Local #320 representing the Public Works and Park
Maintenance employees for a 4% wage increase in 1986 and a 4% wage increase in
1987 was submitted and recommended to be approved. In addition, he indicated
that a reply had been received from the Police Dispatcher unit and recommended
approval of the contract. Smith moved, Egan seconded the motion to approve
the two-year contract with Local #320 representing the Public Works and Park
Maintenance employees for the years 1986 and 1987 and also approve the
contract for Local #320 representing Police Dispatchers as presented to the
City. All voted in favor.
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BRAD RAGAN TIRE COMPANY - NICOLS ROAD
A letter was received by the City from. Mr. & Mrs. Ramnarine and Mr. and
Mrs. Lester Spencer, neighboring owners to the Brad Ragan Tire Company on
Nicols Road, objecting to the outside storage of tires, barrels, etc. on the
Brad Ragan property. A conditional use permit for outside storage was
originally issued to Zeco Corporation in June of 1981 for the storage of
rental equipment and machinery. About two years ago, Brad Ragan Tire and
Field Maintenance Companies took over occupancy of the property and City
Administrator Dale Runkle 'indicated that a member of the planning staff had
met with representatives of Brad Ragan Tire to review the outside storage
problems. Mr. McCormick of Brad Ragan Tire was present at the City Council
meeting.
Mr. Runkle suggested landscaping on the northerly slope and clean up of
the property generally by Spring of 1986. Councilman Smith moved, Egan
seconded the motion to instruct the staff to investigate the complaint further
and to submit the proposed agreement to be entered into with Brad Ragan Tire
covering the resolution of the problem and further to notify the complaining
neighbors of the progress on the resolution of the problem. All voted in
favor.
IMPROVEMENT PROJECT #428 - CEDAR INDUSTRIAL PARK - STORM SEWER
Tom Colbert again discussed with the City Council an objection that was
submitted by Jerome Utecht, an owner of property on Highway #13 and also from
Luther Stalland, regarding Project #428. He noted that the Stalland, property
in question was not the property on Nicols Road, but rather a parcel of
property running south from Highway #13. It was further noted that Mr. Utecht
may qualify for senior citizen deferral of assessments, and upon motion by
Egan, seconded Smith, it was resolved that staff be directed to contact Luther
Stalland concerning his objections and in the event that he continues to
object to the assessments, that the staff be authorized to hire an appraiser
to determine the benefit to the property and to continue the hearing in
respect to the Stalland property; in the event, however, that Mr. Stalland
chooses not to appeal the assessment, that the Stalland property assessments
be certified to the County Auditor for collection. All voted yes.
PUREX CORPORATION
Tom Hedges discussed with the City Council an informal request by the
Purex Corporation for outside storage of chlorine on the Purex site in the
Eagandale Center Industrial Park. He noted that Purex has been located on
that site since 1972 and an expansion facility including the storage of
chlorine has now been informally proposed. Council directed the staff to
acquire greater details regarding the proposed facility and report to the City
Council.
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GUN CLUB LAKE WATERSHED DISTRICT APPOINTMENTS
Councilman Smith brought before the Council his proposal to vote'to
reconsider the appointment of the Gun Club Lake Watershed District members
which were appointed by the Council at the last regular meeting. Upon motion
by Smith, seconded Egan, it was resolved that the Council reconsider and
withdraw all appointments previously made by the City Council to the Gun Club
Lake Watershed District Board from the City of Eagan, including Steve
Galligan, Michael Beard and Tom Colbert, Mr. Smith indicated that one of the
reasons was that he felt that a letter to the editor by Mr. Beard, criticizing
council members, was inappropriate and determined that the Council ought to
reconsider the appointment, noting also that Mr. Galligan did not have an
interest in the appointment; further that the City Council reschedule the
appointments for the next regular City Council meeting on March 19, 1986.
Those in favor were Smith, Egan and Blomquist; against was Ellison.
CEDAR GROVE STREET IMPROVEMENTS
Councilman Smith stated that he has noticed the cracks that have developed
on the newly constructed streets within the Cedar Grove subdivision and
requested the staff investigate the current status of the recent street
improvements.
O'NEIL VS. CITY OF EAGAN
Tom Hedges and Paul Hauge reported on a meeting held, including
representatives of Robert O'Neil and of the City, at the Eagan Municipal
Center on February 19, 1986 in an attempt to discuss a potential resolution of
the O'Neil action against the City. In addition, the Councilmembers discussed
the suggestion to Mr. O'Neil that he drop the lawsuit that was brought against
the City for a stipulated period of time to allow the Planning Commission and
Council to proceed with the Comp Guide process, including commercial property.
After considerable discussion, Egan moved, Blomquist seconded the motion to
direct the staff to contact the representatives of Mr. O'Neil and propose that
Mr. O'Neil dismiss his action without prejudice allowing the action to be
recommenced at a later time; that the Council direct its staff and consulting
planner to proceed with the study covering miscellaneous parcels proposed to
be revised, including commercial property and that of the O'Neil property;
that any further action by Mr. O'Neil be delayed for at least 160 days to
allow the City to complete the Comprehensive Guide process, and further, that
each party be directed to withdraw any claims without prejudice until the
expiration of the 160 day period. All members voted yes.
CHECKLIST
Upon motion by Ellison, seconded Egan, it'was resolved that the following
checklist dated March 4, 1986 in the amount of $235,869.35 be approved. All
voted yes.
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Council Minutes
March 4, 1986 007S
ADJOURNMENT
Upon motion duly made and seconded, the meeting was adjourned at 12:25
p.m. All voted yes.
PHH
X~ft J) tA
Ci lerk
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