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11/09/1982 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 9, 1982 A regular meeting of the Eagan City Council was held on Tuesday, November 9, 1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Thomas, and Egan. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene, and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Thomas, it was resolved that the Agenda as distributed be approved. All voted yes. 1. October 19, 1982 regular meeting. Egan moved, Thomas seconded the motion to approve the minutes. All voted yea. 2. October 27, 1982 special meeting. Egan moved, Thomas seconded the motion to approve the minutes as distributed. All voted yea. Ernie Clark of Miller & Schroeder Municipals, Inc. was present and reviewed with the Council the proposed issuance of $965_,000.00 General Obligation City Hall Bonds and $2,500,000.00 General Obligation Improvement Bonds for the City. It was noted that the City would be able to save expenses by selling both issues at the same time and the printing of one prospectus, combined staff time of Miller & Schroeder and reduced cost for bond ratings. After review, Smith moved, Egan seconded the motion to issue and sell $2,500,000.00 in General Obligation Improvement Bonds in 1982 and $965,000.00 in General Obligation City Hall Bonds in 1982 with a sale date for December 8, 1982 at 12:00 noon. All voted yes. Next Smith moved, Thomas seconded the motion to schedule a special city council meeting for December 8, 1982 at 5:00 p.m. to authorize the issuance of the bonds. All voted yes. SEE BOND FILE REAL ESTATE TAR ABATEMENTS Bill Peterson of the Dakota County Assessor's office was present and reviewed with the Council two proposed real estate tax abatements in the City: 1. Northwestern Mutual Life Insurance property where the land had been acquired by the Minnesota Department of Transportation in 1969 for I -494 and it was recommended that the taxes be reduced to nil for 1979, 1980 and 1981. 2. Shell Oil Company - Nicols Road and Diffley Road reduction to $38,166.00 assessed value. 0C.293 City Council Minutes November 9, 1982 Wachter moved, Egan seconded the motion to approve the recommended abate- ments. All voted yes. POLICE DEPARTMENT 1. Comprehensive Purchase Agree with State of Minnesota. The Police Department recommended the City Council enter into a Joint Powers Cooperative Purchasing Agreement with the State of Minnesota for the purchase of various supplies, commodities and equipment for the City of Eagan similar to that entered into with Hennepin County. Egan moved, Wachter seconded the motion to approve the authorization for the City to enter into a Cooperative Purchase Agreement with the State of Minnesota and direct the appropriate city officials to execute the Agreement on behalf of the City. All voted in favor. SEE AGREEMENT FILE 2. Mendota Skelly Junk Cars. There was concern by members of the City Council that the junk cars hauled to the Mendota Skelly junk car site on Highways 449 and 455 be kept in a neat and orderly fashion. The Police Department was directed to pursue the issue with the owner. PUBLIC WORKS DEPARTMENT Tom Colbert reported. 1. Nicols Road - No Parking Signs. Complaints have been received from property owners who live south of Cliff Road on Nicols Road regarding the on- street parking associated with Durnings Restaurant during the peak restaurant hours. It was recommended by the staff that the City authorize the installation of No- Parking Signs on both sides of Nicols Road, from Cliff Road southerly to the south line of the Burnett Realty office. Wachter moved, Egan seconded the motion to accept the recommendation and to direct the Police Department to monitor parking on a regular basis. All voted in favor. 2. Silver Bell Road - Trunk Highway #13 Intersection. It was noted that the Police Department has issued approximately 160 citations to people who have made illegal left turns through the median break on Silver Bell Road adjacent to Highway #13 during the restricted hours. The Police Chief has indicated that the restriction is unenforceable due to the sheer number of violations and staff is recommending that the Council review several potential possibilities for the intersection, noting that a break in the median had been requested by the Council at an earlier time. The recommendation by MnDOT was for single lane on Cedarvale Blvd., which councilmembers did not agree with, noting that greater confusion would result. Egan moved, Blomquist seconded the motion to suggest to the Minnesota Department of Transportation that the No Left Turn signs from Cedarvale Blvd. through the median on to Silver Bell Road be removed, noting that the problem appears to arise only for approxi- mately a one -half hour period in the morning and evening and it was further understood that no accidents have resulted at that location; further that the Police Department not enforce the No Left Turn designations prior to removal by MnDOT. All voted in favor 2 Off.,294 City Council Minutes November 9, 1982 CONSENT AGENDA The following consent agenda items were presented: 1. Project #366 _ Safari 4 m.g. Water Reservoir. The Feasibility Report for Project #366 covering the 4 million gallon Safari Water Reservoir to be constructed on the Sieg property, west of Safari Pass, on the north side of the Apple Valley line was presented and it was recommended the Council accept the report. 2. I -494 Retention Ponds Plans and Specs. The plans and specifications by the Minnesota Department of Transportation for I -494 Retention Ponds on the Bloomington side of the Minnesota River, which involve the elimination of a construction road within the Minnesota River Valley, was recommended for approval and to authorize the Mayor and City Clerk to execute the Resolution. R 82 -54 3. Project #342 - Nicols Frontage Road. A Petition had been received from six of the seven affected property owners on the Nicols Frontage Road located between Sapphire Lane and Cedar Grove Elementary School requesting the elimination of the frontage road from Project #342 and recommended that the Petition be received by the Council. 4. Contract #82 -6 _ Deep Well P. It was recommended that Change Order #1 to Contract #82 -6 covering Deep Well #7 in an additional amount of $1,338.00 for the replacement of the 16 inch casing with an 18 inch casing to allow greater flexibility in future pump design be approved. 5. Project #369 _ Sheffield Addition, Streets and Utilities. The City has received a written request from the developer of the Sheffield Addition to install the required public utilities and street and it was recommended that the Petition be received and a feasibility report be prepared by the Consulting Engineer. Upon motion by Egan, seconded by Smith, it was resolved to approve all of the foregoing recommendations and order their implementation. All voted yea. FINAL ASSESS)OW HEARING - PROJECT #297 -R - BLACKHAWK LAKE OUTLET The Mayor convened the public hearing regarding Project #297R regarding storm sewer assessments in the Blackhawk Lake area and Mr. Colbert explained the project in detail. Five parcels were involved, those including Floyd and Victoria Bryant with 7.42 acres, David Ashfeld with 13.27 acres, James Horne, Lot 7, Block 1, King's Wood Addition, Horne Development Corporation for Lots 1 through 6 and Lots 8 through 10, and Outlots 1 through 3, King's Wood Addition, and Horne Development Corporation for an unplatted parcel of 26.89 acres. It was noted that written objections were received on behalf of the Bryant parcel and the three Horne parcels, and they were duly noted. David Ashfeld appeared and asked questions concerning the assessment on his property, all of which parcels lay generally adjacent to Pilot Knob Road, north of Deerwood Drive. It was noted that the assessment rates were calculated in accordance with the 1980 Trunk Area Storm Sewer rate of 3.4 9 V ;5 City Council Minutes November 9, 1982 cents per square foot. It was further noted by Mr. Colbert that an additional amount, according to Council policy, would be added to the parcel in the event that appraisals are required by the City for the final assessment hearing. Mr. Colbert discussed the benefit to the parcels involved with the storm sewer improvements being installed to Blackhawk Lake. After discussion, Smith moved, Egan seconded the motion to close the public hearing regarding the Ashfeld property covering 13.27 acres and to authorize the assessment roll to be certified to the County Auditor. All voted in favor. Egan then moved, Wachter seconded the motion to continue the public hearing regarding the balance of the parcels described above until December 21, 1982 at 7:00 p.m. and that the staff be authorized to engage an appraiser to prepare appraisals for the balance of the parcels whose parcels have been covered by written objections and to present the appraisals at the December 21 continued public hearing. All voted in favor. ORDINANCE CODIFICATION It was noted that the City Council, approximately one year ago, engaged Municipal Ordinance Codifiers, Inc. to recodify all City Ordinances. The recodification is now complete and they have been compiled into separate chapters. Regular meetings have been held by staff and consultants over the past year with Municipal Codifiers. There will be 25 chapters including some reserved chapters covering all existing ordinances with only minor revisions which have been approved and reviewed by the City Council. Tom Hedges reviewed the progress to date on the Ordinance Codification and noted that Municipal Codifiers is now placing the codified ordinances on a word processor and has proposed to print the final draft of the City Code. Wachter moved, Egan seconded the motion to approve the final printing for the City Code. All voted in favor. BRADLEY HANSON — SETBACK 9ARIANC$ — WILDERNESS RUN 3RD ADDITION The application of Bradley Hanson for a 10 foot setback variance to construct a garage 20 feet from the right of way of the public street located on Lot 22, Block 1, Wilderness Run 3rd Addition, was next considered by the Council. The Advisory Planning Commission at its regular meeting on October 26, 1982 recommended that the application be denied because of lack of hardship and because of what appeared to be apparent objections from neighboring property owners in the event that the appearance was out of line with existing contours of the house and the neighborhood. Mr. Hanson was present and indicated that he did not believe that there were any objections by property owners, but Mayor Blomquist indicated that one owner had asked that his name be withdrawn from the list of consenting owners. Egan moved, Smith seconded the motion to grant the applications with the understanding that there were no objections from surrounding property owners to the proposed plan, noting that all but one property owner had signed the Petition and further, subject, however, to compliance with all other applicable ordinance revisions. All voted in favor except Blomquist who voted no. 4 I City Council Minutes November 9, 1982 HOUSING PLAN MODIFICATION € C29G Mr. Hedges indicated that a Senior Citizens /First Time Home Buyer Program is now being proposed by the Dakota County HRA in conjunction with Mendota Heights and West St. Paul. Paul Eckholm of Miller & Schroeder was present as was a representative of Holmes and Gravens, Attorneys, and representatives of Dakota County HRA who reviewed the program with the City Council. It was noted that the Mendota Heights and West St. Paul City Councils have approved the adoption of the housing plan and the Council reviewed the revisions to the Eagan Housing Plan. Smith moved, Thomas seconded the motion to approve the Housing Plan as revised and to order its implementation. All voted in favor. Smith then moved, Egan seconded the motion to schedule a public hearing for December 7, 1982 at 7:00 P.M. to consider the Program as proposed by the Dakota County HRA for Senior Citizen /First Time Home Buyers and adopt the Resolution which is attached to these Minutes. All voted in favor. R 82 -55 COUNTRYSIDE BUILDERS, INC. TEMPORARY ADVERTISING SIGNS - OAKWOOD HEIGHTS ADDITION Ray Young appeared on behalf of Portfolio Development Company, the firm which is doing the marketing for Oakwood Heights Addition and reviewed the application of Countryside Builders for six temporary advertising signs for Oakwood Heights. The locations were discussed by city council members and the members indicated that ordinarily the council will allow only two and a maximum of three temporary advertising signs for any new subdivision. It was noted the intent of the advertising signs was only to show directions and not to people. Wachter moved, Egan seconded the motion to approve three temporary advertising signs located on Dodd Road as requested by the applicant. The applicant requested that the Pilot Knob and Cliff Road location be approved in particular. After further discussion, the foregoing Resolution was withdrawn. Smith moved, Thomas seconded the motion to approve two locations for temporary advertising signs for Oakwood Heights at locations determined by the developer. All voted in favor. Mr. Young indicated that the Dodd Road /Cliff Road and Pilot Knob Road /Cliff Road would be the expected designations of the signs. LONE OAK HEIGHTS PRELIMINARY PLAT EXTENSION Orrin Aune of Midwest Associates of St. Paul, requested an extension of six months for the preliminary plat for Lone Oak Heights Addition, noting that financial guarantees have not been submitted and approved by the City staff. Upon motion by Thomas, seconded Wachter, it was resolved that the six month extension as requested be approved. All voted in favor. SEE PLAT FILE HILLTOP OF EAGAN - FINAL PLAT Developer's Construction has submitted an application for approval of Hilltop of Eagan final plat. It was noted that the name change from Hilltop Condominiums to Hilltop of Eagan was necessary because of Dakota County filing requirements. Wachter moved, Thomas seconded the motion to approve the final plat and authorize execution of related documents. All voted yes. R 82 -56 SEE PLAT FILE Of, Z97 City Council Minutes November 9, 1982 RICHARD HALLADY - ROADWAY CUSTOM TRAILERS - BUILDING PERMIT An application of Richard Hallady who owns Roadway Custom Trailers at 3248 Terminal Drive, for building permit for a 2,000 square foot secondary building on the property for storage purposes was considered by the Council. Mr. Hallady was present and it was noted that the application appears to conform with the Ordinance except for the interpretation of the additional building on the property. It was noted, however, that it is not a primary building and Smith moved, Egan seconded the motion to authorize the building permit and not require the full concrete curbing and landscape requirements, noting that the property abuts Highway #13 and it would be desirable to enclose the storage material in an enclosed building; further, however, it is not interpreted as a variance. All voted in favor. SWIMMING POOL ORDINANCE A proposed draft of a Swimming Pool Ordinance that has been requested by property owners in the City was reviewed by the City Council. Councilmembers were concerned about drainage onto neighboring owners property and there was a suggestion that a dry well be installed in the event that the drainage cannot be retained on the owner's property. After discussion, Wachter moved, Egan seconded the motion to continue the consideration of the Ordinance to allow the staff to submit revisions noting that percolation tests may be required for the definition of the size of the dry well. All voted in favor. CONTRACT #82 -13 - BRITTANY 4TH AND SAFARI RESERVOIR WATERMAIN The bids for Project #364, Brittany 4th Addition Trunk Water Main and Project #366 -I, Safari 4.0 M.G. Water Reservoir Water Main were opened on October 27, 1982 and the bids were submitted to the Council. It was recommended that the low alternate bid of $68,367.00 from Encon Utilities, Inc. be accepted to include additional grading, together with a temporary construction easement from an adjoining owner. Smith moved, Wachter seconded the motion to approve the low alternate bid with Encon Utilities, Inc. and authorize the execution of a contract. All voted in favor. CONTRACT #82 -14 - SAFARI WATER RESERVOIR The plans and specifications for Contract #82 -14 consisting of Project #366 -II for the Safari 4.0 M.G. Water Reservoir were submitted and it was recommended that they be approved. There was an alternate with "Eagan" wording on the reservoir tower. Upon motion by Wachter, seconded Smith, it was resolved that the plans and specifications for Contract #82 -14 be approved and the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Thursday, December 2, 1982 at the City Hall. All voted yes. SAFARI ROAD ACCESS AGREEMENT It was recommended that a Joint Use Agreement with Mr. and Mrs. Michael Patten, dated October 27, 1982 concerning access to the Safari Water Reservoir site be approved. A copy of the Agreement was distributed to the Council. A 0:129 City Council Minutes November 9, 1982 Upon motion by Egan, seconded Smith, all voting in favor, it was resolved that the agreement be approved. LONE OAK TREE - MINNESOTA DEPARTMENT OF TRANSPORTATION John Sandahl appeared on behalf of the Minnesota Department of Transportation at the request of the City Council concerning the Lone Oak Tree at Highway #55 and Lone Oak Road. It was noted that during the road recon- struction of the Highway #55 area, bituminous had been laid about one foot closer to the tree, but noted that additional fill around the tree had also been installed. Mr. Sandahl stated the State Forester indicated that the tree has about two years of life left and that the project has not significantly affected the life of the tree. He stated there could be a traffic hazard and requested on behalf of MnDOT, that the tree be removed at the present time to avoid traffic and safety problems. City Councilmembers indicated that they were very disturbed about the proposed removal of the tree and had requested specifically in approval of the plans for the area, that the tree be preserved. Councilman Wachter requested that an Oak tree be planted in the general area to replace the Lone Oak tree. Blomquist moved, Wachter seconded the motion that MnDOT remove some of the blacktop and fill in the general area to attempt to extend the life of the Lone Oak Tree. All voted in favor. Wachter then moved, Egan seconded the motion to request MnDOT to plant a new Oak tree in the general area of Lone Oak Road and Highway #55, as a replace- ment for the tree. All voted yea. REAPPORTIONMENT OF SPECIAL ASSESSMENTS A request had been made under Project #345 for reapportionment of special assessments for Canterbury, Wedgwood and Oakwood Heights Additions, against adjacent property within the Lexington South Planned Development. Jim Curry of Lexington South indicated it is a necessity by a technical requirement of the Title 10 HUD funding which does not allow assessments to be allocated against Canterbury Forest, Wedgwood and Oakwood Heights Additions. The total amount of the assessments is $212,007.16 for streets, storm sewer lateral and storm sewer trunk. A proposed agreement was submitted to the Council and after discussion, Egan moved, Wachter seconded the motion to approve the agreement and to incorporate certain changes in the agreement proposed by the City Attorney. All voted in favor. RIDGECLIFF 1ST ADDITION - TIME EXTENSION The City of Eagan and Orrin Thompson Homes entered into a Development Contract on September 15, 1982 for Ridgecliff lst Addition providing for completion of street surfacing in the project. The requested date would be September 1, 1983 and the staff recommends temporary blacktop surfacing of Lenore Lane from Cliff Road to approximately 100 feet south. Wachter moved, Thomas seconded the motion to approve the request for time extension to September 1, 1983, subject to the conditions imposed by the City. All voted in favor. 7 ('1 299 City Council Minutes November 9, 1982 McLEAN -HUDAK PROPERTY - GRADING AND EXCAVATION PERMIT The City has received an application for a grading and excavation permit for approximately 250,000 cubic yards on property north of Highway #55 near Highway #49, to be performed by Johnson Brothers Construction Company. The McLean -Hudak property would be the location for the deposit of the material and the proposal is to comply with all applicable City ordinances. Blomquist moved, Egan seconded the motion to continue the consideration of the request until the next meeting so that staff can contact the affected property owners in the area concerning the proposal. All voted yea. RIVER HILLS 9TH ADDITION REPRESENTATIVES Richard Becker and other residents in River Hills 9th Addition appeared in particular, regarding the Naegele Outdoor Advertising Billboard sign that has been constructed on the east side of Trunk Highway X677 - Cedar Avenue. Objections were received from property owners in that Addition, and they suggested that the Sign Ordinance be changed to redefine certain provisions. Julie Bye from Naegele Outdoor Advertising Company was present and answered questions r concerning the sign permit which had been approved by the City Council earlier. A report from Dale Runkle dated November 3, 1982 indicating that the height of the sign seems to be in violation of the Eagan Ordinance No. 16 was presented. Neighboring owners requested a new location for the sign and the Council suggested conditional use permit be required for all advertising signs. Blomquist moved, Egan seconded the motion that the Council determine that the sign is in violation of the Ordinance regarding height and that the staff and the owner attempt to determine how the owner can comply with the Ordinance, including the 40 foot height limitation above the roadway level where the adjacent land is higher than the roadway, noting the inter- pretation of the City is that where the adjacent land is higher than the roadway, the sign can be no higher than 40 feet from the existing roadway. All voted yes. Egan then moved, Blomquist seconded the motion that the Council be on record requiring conditional use permit applications for the grant of permits for advertising signs. All voted yes. THOMAS LAKE STORM SEVER TRUNK APPEALS Tom Hedges read the portion of the decision of the Dakota County District Judge regarding the storm sewer trunk appeal of Thomas Kubista who was the only property owner who had perfected his appeal to the District Court regard- ing the Thomas Lake Trunk Storm Sewer project. The District Court Judge has determined that the benefit exceeded the amount of the assessment levied and it was noted that all other appeals have now been withdrawn. LEGISLATIVE POLICIES REVIEW The City Council will, at a later time, discuss the proposed policies for the 1983 Legislative Session proposed by the League of Cities and the A.M.M. City Council Minutes November 9, 1982 CABLE T.V. RFP Mr. Hedges and Councilman Smith indicated the RFP have now been sent out by the Cable T.V. Joint Committee and that some responses have been received. On November 10, a Subcommittee Meeting will be held and further review of the RFP's will take place. JOB TRAINING PARTNERSHIP ACT OF 1982 Mayor Blomquist submitted a short resume of the Job Training Partnership Act of 1982 regarding employment of persons with serious employment barriers in which a cooperative program is being proposed for the education, training and employment, assistant to low income and unemployed youth and adults. It was noted a resolution of intent would first be required and an application would then be submitted for a block grant. She stated that Eagan would be an appropriate location for the implementation of the program in Dakota County and that information will be distributed at a later time. DAKOTA COUNTY COURT SITE -- PROJECT #370 A Petition had been received from the Dakota County Board for a feasi- bility report for Project #370 for improvements to the new County Court facility. Egan moved, Wachter seconded the motion to accept the Petition and to order the Consulting Engineer to prepare a feasibility report. All voted in favor. I -494 BRIDGE OPENING The grand opening of the I -494 bridge across the Minnesota River from Bloomington to Eagan was celebrated at 1:00 p.m. on Tuesday, November 9, 1982 at which time Mayor Blomquist, other Mayors, Governor Quie, and many other dignitaries were present at the opening ceremony. NCCARTHY PROPERTY - PROJECT #361 Tom Colbert and Paul Hauge dicsussed with the Council the proposed acqui- sition of easements across the Patrick McCarthy property for the sanitary sewer trunk Project #361. It was recommended that the Council authorize the surveying of the parcel in anticipation of future condemnation proceedings, if necessary, and that in the interim, the staff will continue to work with the developers concerning funding for the easement acquisition. Smith moved, Thomas seconded the motion to authorize the commencement of condemnation for the easement, including the surveying of the property, pursuant to the Resolution attached to these Minutes, and further, pursuant to the Resolution of the City Council meeting of October 5, 1982 regarding the acquisition of the easements. All voted in favor. 0 00 301 City Council Minutes November 9, 1982 CHECKLIST Wachter moved, Smith seconded the motion to approve the following checklist dated: November 9. 1982. All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 10:50 p.m. PHH ��� k)wn UaA��- Secr ary 10