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01/07/1986 - City Council Regular 0 (01 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. 1 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. 2 Council Minutes 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. R 86-1 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. 3 Council Minutes 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. 4 Council Minutes 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. 5 Council Minutes 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 6 A _ A k,- k. - - - ___a - _ ` _ - - - - _._J 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. 7 Council Minutes January 7, 1986 00008 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. 8 Council Minutes January 7, 1986 00009 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 9