Loading...
11/02/1978 - City Council Regular MINUTES OF A REGULAR NEETTlIG OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 2, 1978 A regular meeting of the Eagan City Council was held on November 2, 1978, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers Smith, Egan, Wachter and Parranto. Also present were City Administrator Hedges, City Clerk Bolke, Public Works Director Colbert,City Engineer Rosene and City Attorney Hauge. AGENDA. After the pl4dge of allegiance, Parranto moved and Egan seconded the motion, all members voted in favor, to approve Vhe agenda as distributed with the exception that the JKR Company application for plan approval and preliminary plat approval of Pilot Knob Plaza was stricken atthe request of the applicant. MINUTES. The Council reviewed the following minutes: Regular meeting of October 17, 1978, Parranto moved and Egan seconded the motion all members voted yes, to approve the minutes. Special meeting of August 8, 1978, Parranto made the motion and Wachter seconded the motion, all members voted in favor, to approve the minutes. Special meeting of September 26, 1978, Parranto, moved and Egan seconded the motion, all members voting in favor, to approve the minutes. Special meeting of October 10, 1978, Egan made the motion and Parranto seconded the motion, all members voted in favor, to approve the minutes with the understandin€ that Carolyn Thurston also was present at the meeting. 1978 G. 0. BONDS. Mr. Ernie Clark of Miller and Schroeder appeared and presente the bids for the $1,915,000 - 1978 G. 0. Bonds. He stated that the 1VV bidder was Banc-Northwest with a net interest cost of 5.6357% and recommended the award to the low bidder. Smith moved and Parranto seconded the motion, all members voted in favor to approve the sale. PARK DEPARTMENT. Park Director Barbara Schmidt appeared. Page 2 November 2, 1978 1. Ms. Schmidt submitted a list of diseased trees ordered removed on private and public property in the City during 1978. She indicated that most residents cooperated with the program and brought them to the City burn site. Egan moved and Smith seconded the motion, all members voted yes, to accept the list of diseased trees as submitted by the Park Direcbbr. 2. DNR Trail Grant. The Park Director prepared an application to DNR for ski trail, access roads and other incidental costs consisting of 65% of the amount anti- cipated to be $1,920 from the State of Minnesota. Parranto moved and Wachter sewn: the motion, all members voted yes, to ratify the submission of the application. POLICE FACILITY EQUIPMENT. Wachter moved and Egan seconded the motion to approve the payment of funds required through savings by the Eagan Patrolmen in the amount of $1,000 by moving the equipment to the new Police facility which funds will be used toward the purchase of exercise equipment for the Police building. PUBLIC WORKS DEPARTMENT. Public Works Director Colbert discussed the Wilderne: Run Road extension and stated that because of concrete short&.ge, curb and gutters have not been installed but that the contractor will install a gravel base and bituminous surface in any event, in the fall of 1978. Several affected property owners were present and expressed concern relating to the completion of the road. CUB SCOUT TROUP. Mayor Murphy welcomed Cub Scout Troup #508 to the Council meeting. D.C.R. C'OPYANY INDUSTRIAL REVENUE BONDS. A request for industrial revenue bonds was made to the City by D.C.R. Company for the 24 lane bowling center at Rahn Road and Beau D'Rue Drive. Finance Committee Chairman Parranto indicated that the Finance Committee recommended approval and stated that the bond issue would meet the guidelines that the City Council has set for I.R. Bonds. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the industrial revenue bond issue of $1,042,140 for the bowling alley to be constructed by D.:...R. Company. Page 3 November 2, 1973 WENDEL WIDSTROM CONDITIONAL USE PERMIT. The next application considered by the City Council was the application of Mr. and Mrs. Wendel Widstrom for conditional use permit for parking of three industrial trucks on Lot 3, Block 4, Wescott Garden Lots . The Planning Commission recommended denial of the application on Agricultur- ally zoned property for reasons including the fact that there was a business being operated on the premises. Several neighboring property owners were present and submitted a petition objecting to the use. James Gilbert, attorney for Mr. Widstrom, appeared for the applicant. Mr. Widstrom. stated that he has operated fhe business for seven years out of his property, that he carries on minor maintenance and has a fuel tank. He stated that he leases trucks to gravel operators and felt that his operation was not a commercial storage facility. The neighboring property owners objected to the dust and noise from the tracks. There were questions regarding the nature of the operation and it was noted that two previous applications have been denied similar to the present operation. There are three employees working out of the site and pictures were shown of the storage trucks including heavy duty road trucks and tanker trucks. A letter was submitted by Mr. Widstrom explaining his operation and Mr. Widstrom asked that he %e given a permit for five years. Murphy moved and Wachter seconded the motion to grant the conditional use permit for a period of five years limited to three trucks with the understanding that the applicas could not haul products to and from the property and could only go to and from work. Those in favor were- Wachter and Murphy. Those against were- Egan, Smith and Parranto. Parranto then moved to grant the conditional use permit to operate three trucks to and from the premises for no more than one year which should give adequat time for the applicant to close or move his business, citing reasons indicated above including the commercial nature of the operation, that there is minor maintenance an( fueling operations and three employees that are -orking out of the site. Murphy seconded the motion. Smith then moved and Parranto seconded the motion to amend the Page 4 November 2, 1978 main motion to provide that the conditional use permit be granted until June 1, 1979. Those in favor were: All members. All members then voted in favor of the main motion as amended. PROJECT #250 - CARRIAGE HILLS STREET IMPROVE'~NTS. Mayar Murphy convened the hearing regarding Project #250 involving street improvements to Carriage Hills Drive in Section 34. A number of affected neighboring residents were present. City Engineer Rosene explained the project and indicated that the request for the improvements had come from the Dakota County Park Dc7:L-tment for access to the parkir lot in Holland Jensen Park. Chuck Lowery, Dakota County Park Director appeared, as did James Kennedy, County Commissioner, and Robert Sandeen, the County Highway Enginc Mr. Lowery asked that the Council approve the project subject to final approval of the cost figures by the County Board. All seven private residential o.rs on the East objected to the project and requested that the City provide for minor maintenanc on the gravel road. Smith moved and Parranto seconded the motion, all members voted in favor, to close the hearing, to order in the project to the County parking lot only, subject, however, to an approved agreement between the County and the City and further, subject to the acquisition of necessary right of way easements. Public Works Director Colbert and Bill Branch were asked to review the request for minor maintenance and report to the Council. S.E. ADDITION PRELIMINARY PLAT. The application of S. E. Partners for preliminF plat approval of S.E. Addition in Cedar Grove Number 2 consisting of a one acre parcel near County Road #30 and Cedar Avenue was next submitted. Bill r-rice of Suburban Engineering was present and requested action by the Council because of the fact that he had been delayed and was not able to get a mortgage commitment without preltminary plat approval. Mark Parranto indicated that Howard Dahlgren has been engaged by the owners of ib6 property surrounding the proposed S.E. Addition to prepare a plan and expected it would be done shortly. Mr. Parranto indicated that Page 5 November 2, 1978 J.E. Parranto, Inc. is the agent for the owner and that he would abstt in from voting on the issue. Several neighboring property owners were also present. Wachter moved and Egan seconded the motion to continue the application until the plan it submitted covering the 11 adjacent commercial acres and that the owners request their planner to complete the design as quickly as possible. All members voted in favor except Parranto who abstained. CLEARVIEW ADDITION STREETS. Several owners in Clearview Addition appeared and objected to the driveway grades resulting from the improvements to Beecher Drive. The matter was referred to the Public Works Committee. T%1ESCOTT HILTS FOURTH ADDITION. Mr. Ray Brandt appeared on behalf of the application of Raymar Inc. for the replat of Wescott Hills Fourth Addition which hag been continued from an earlier City Council meeting. The Council was concerned about the long cul-de-sac and asked that the petitioner to consider revising the plan for a street outlet to Kost Road. Mr. Brandt indicated that he would install a 160 foot cul-de-sac but did not offer the alternate outlet road to Kost Road. Smith moved and Wachter seconded the motion, all members voted yes, to approve the preliminary plat of Wescott Hills Fourth Addition subject, however, to the following: 1. That the cul-de-sac be eliminated and the entire street exit to Kost Road. 2. That Landscape plans and drainage plans should be approved by the City staf: 3. That no direct access shall be allowed from Yankee Doodle Road from residential properties. 4. That all ordinance requirements be met including street lighting. 5. That the Park Committeereccravendatic= be followed as to park dedication. 6. That a 100 foot full right of way be provided on Yankee Doodle Road. The-Public Works Director recommended against excessively long cul-de-sacs and it was noted that the APC recommended approval with conditions. There was discussion concerning the upgrading,, of Kost Road recommended by the Planning Commission. All Page 6 November 2, 1978 members voted in .favor. Smith moved and Parranto seconded the motion, all members voting in favor, to request the City Engineer to prepare a preliminary report for utilities and street work in the project with the understanding that futids be provide for upgrading for the Kost Road under the development agreement or in the report approved by the City. JAMES REFRIGERATION COMPANY - HILLTOP ESTATES PLAN C014MERCIA.L S TE. The application of James Refrigeration Company for plan approval for neighborhood center, a conditional use permit for service station and variance to delete bays for Lot 1, Block 4, Hilltop Estates at '.-.he Northeast corner of Pilot Knob Road and County Road #30 was next considered. The Planning Commission at its regular meeting of September. 26, 1978, recommended approval of the plan for service station but recommended denial of the conditional use permit and variance. Representatives of James Refrigeration Company had requested that the application be continued until November 2, 1978, but no representatives of the applicant were present. Smith moved and Egan seconded the motion to deny all applications on the basis of lack of appearance including the applications recommended for denial by the APC for the reasons cited by the APC. A17 members voted in favor except Murphy who voted no. ROBERT HIPKINS WAIVER OF PLAT. The next application reviewed was that of Robert R. Hipkins for waiver from platting regulations to split Lot 1, Block 2, Wescott Garden Lots into equal two - five acre parcels. The APC recommended approva: subject to certain conditions. It was noted that there was a slight variance from the full 5 acre minimum lot size and the lot width. Mark Parranto appeared for the applicant and excused himself from acting on the application. The City Zoning Administrator's report was reviewed. Smith moved and Wachter seconded the motion to grant the application subject to compliance with applicable ordinance requirements excluding waivers and in addition, park contribution. All members voted in favor except Parranto who abstained. Page 7 November 2, 1978 E-Z MINI STORAGE PYLON SIGN PERMIT. A representative of Universal Sign Company appeared on behalf of the application of E-Z Mini Storage, 4005 Sibley Memorial Highway for conditional use permit for one pylon sign on their property. The APC recommended approval. Smith moved and Egan seconded the motion, all members voted in favor, to approve the application subject to ordinance requirements. RAX ROAST BEEF PYLON SIGN PERMIT. A representative of Sign Crafters appeared on behalf of the application of Rax Roast Beef for a pylon sign permit on Highway #13. The APC recommended approval subject tc compliance with a 300 foot provision and other ordinance requirements. The representative indicated the location as proposed is 271 feet from the Perkins sign on Highway #13 and requested that a variance be granted. Mr. Colbert indicated that it appears that the owners have not followed the parking lot layout proposal in the original application. Smith moved and Egan seconded the motion, all members voted in favor, to grant the conditional use permit for the pylon sign provided it meets the ordinance requirements and requested the staff to investigate the parking lot layout. CARL DEVALERIA LOT SPLIT. Mr. and Mrs. Carl DeValeria appeared un behalf of their application for waiver from platting regulations to split Lot 10, Block 1, LeTendre Addition. The APC recommended approval and there were no objections from abutting property owners. Parranto moved and Smith seconded the motion, all membext voted in favor, to approve the application subject to compliance with applicable ordinances. EAGANDA.LE CENTER INDUSTRIAL PARK WAIVER. The application of Rauenhorst Corporat for waiver from platting regulations for Lots 4, 5, 33, 34, and 35, Block 2, Eagan- dale Center Industrial Park was next submitted. Michelle Foster of Rauenhcrst Corporation appeared. The APC recommended approval. Wachter moved and Parranto seconded the motion, all members voted in favor, to grant the application. NORTHERN CABLE-VISION INC.. Mr. Sweeney of Northern Cable-Vision Inc. appeared Page 8 November 2, 1978 on behalf of its request according to Minnesota Regulations whereby it is necessary to notify surrounding municipalities in the event of an application for request for cable television approval. It was noted thht Northern is requesting cable televisio, franchises in Hennepin County municipalities including Bloomington. Wachter moved and Smith seconded the motion, all members voted in favor, to approve the resolution as submitted. PROJECT #232A - MISCELLAN:-M:1 UTILITY PROJECTS. The bids for Project #232A consisting of sewer, water and storm sewer for miscellaneous projects were opened at 3 p.m. on October 23, 1978. The City Engineer recommended the award of the contract to the low bidder, Encon Utility Company, with a baae bid of $406,667.50. Several deducts are also reviewed. Parranto moved and Wachter seconded the motion, all members voted in favor, to accept the recommendation and award the contract to the low bidder. PROJECT #240A - DREXEL HEIGHTS STREET IMPROVEMENTS. The City Engineer reviewed the bid tabulations for Project #240A consisting of street improvements for Drexel Heights Addition which were accepted on October 23, 1978, at 3 p.m. The low bidder was MacNamara-Vivant in the sum of $113,030.00. Egan moved and Smith seconded the motion to approve the award of the contract to the low bidder, MacNamara-Vivant. All members voted yea. LONE OAK ROAD SPEED SURVEYS. Public Works Director Colbert and City Engineer Rosen indicated that the Min/Dot suggested that a resolution be adopted by the Council requesting a speed reduction be incorporated as a special experiment Sor the portion of Lone Oak Road between Pilot Knob Road and Highway #13. A suggested resolution was submitted by Mr. Colbert to be submitted to the Dakota County Board of Commissioners. Smith moved and Egan seconded the motion, all members voted in favor, to approve resolution. It was noted that the Dakota County Board h.as adopted a resolution for 30 m.p.h. speed limit signs in front of Pilot Knob Sc1hool. Page 9 November 2, 1978 CHES MAR EAST FIRST ADDITION. A request of Gabbert Development Company for an engineering report for utilities for Ches Mar East First Addition was submitted. Egan moved and Wachter seconded the motion, all members voted yea, to approve the request that the City Engineer prepare such a feasibility report. POLICE STATION SITE BERM REMOVAL. Tom Colbert recommended to the City Council the removal of the berm in front of the Police Facility building for safety purposes as a change order to the existing contract with MacNamara-Vivant on Wescott Road. After discussion, Parranto moved and Wachter seconded the motion, all members voted yes, to approve the recommendation and authorize the change order to be negotiated. PILOT KNOB ROAD IMPROVEMEFTS. It was noted through Commissioner James Kennedy that the Dakota County Board in the 1979 Highway Budget did not include the Pilot Knob Road improvements from 494 to Yankee Doodle Road, Ile indic&Ced, however, that the Council could designate a plan for the improvement that could possibly reinstates: the funds. The matter was referred to the Public Works Committee for further review. COUNTY ROAD 430 - PILOT KNOB ROAD FOUR WAY STOP. Wachter made a notion recommer ing to the Dakota County Board that it retain the four way stop at County Road 430 after the zoo detour is removed for a trial period of up to one year but he indicates that he favored a permanent four way stop. Smith seconded the motion, all members voted yes and the City pdninistrator was requested to convey the motion to the County Board. DUCKWOOD ESTATES VANDALISM. It was noted that substantial vandalism of the Parrott Construction Company equipment in Duckwood Estates Addition had taken place on Sunday, October 29, 1978. CITY HALL CARPET. Mr. Hedges stated that negotiaions have taken place for a change order to the Police facility contract to provide commercial carpeting in the City Hall at about $10 per square yard for a maximum of $1400. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the change order: Page 10 November 2, 1978 HOLLIS ORR HOUSE. The staff reviewed with the Council the problem of the septic tank at the Hollis Orr house on the police facility property and the Public Works Committee was requested to review the issue. HOME INSURANCE COMPANY WORKMAN'S COMPENSATION CREDIT. Mr. Hedges stated that a $69000 credit will be received from Home Insurance Company toward workmen's compensation premiums on an experience modification basis. EAGAN 700 DAY. City Administrator Pledges stated that November 21, 1978, has been designated as Zoo Day for Eagan residents. DOG KENNEL OPERATOR. The City Administrator indicated that complaints have been received about the City dog kennel operation and he was requested to investigate the matter and report to the Council at a later time. JAr1,:S B&RMR - THOMAS LAKE ROAD APPEAL. City Attcraey Haug~ stated that an appeal had been brought by Mr. and Mrs. James Barker to the Minnesota Supreme Court from the District Court decision to deny a temporary injunction to stop the construct of Thomas Lake Road. There was discussion concerning the several alternates includir a settlement conference at the Supreme Court IEvel. No action was taken by the Council. SPECIAL COUNCIL MEETINGS. The Mayor designated November 9th and November 14, 1978, at 7 p.m. each night for special council meetings to consider the city budget and police negotiations. MACNAMARA-VIVANT CONSTRUCTION COMPANY CONTRACT. Smith moved and Egan seconded the motion, all members voting in favor, to approve the execution of the contract of MacNamara-Vivant covering Wescott Road improvements. BEACON HILLS ADDITION EXCAVATION PERMIT. A request from Dunn & Curry for a excavation permit for a portion of proposed Becaon Hills addition was discussed. Smith moved and Egan seconded the motion, all members voted in favor, to approve the excavation permit with the understanding, however, that there-is no guarantee Page 11 November 2, 1973 that the Council will approve the final plat. PARK CLIFF ADDITION EXCAVATIO14 PERMIT. A request was submitted by the develope of Park Cliff Addition for an excavation permit for Park Cliff Addition. Smith rove( and Egan seconded the motion to approve the permit subject to all ordinancd requireL. and with the understanding that final plat has not been approved. All members voter- yes. WALTER RUZICK VARIANCE. Mr. Walter Ruzick appeared on behalf of his applicatio fdr variance for the construction of a girage on Lot 1, Block 8, Cedar Grove Number 7. The variance would be from the front and side setback requirements. There were no objections from neig':boring property owners. The APC recommended approval on the basis of hardship. Wachter moved and Smith seconded the motion, all members voted yes, to approve the variance,. VOUCHERS. Egan moved and Wachter seconded the motion, all members voted yes, to approve the following vouchers. 7160 - 7231; 10732 - 10801. ADJOURNMENT. Wachter moved and Egan seconded the motion to adjourn at 11:45 p.m.. All members voted in favor. DATED: November 2, 1978. PHH l~ v7 sc<: e . CITY CLERK