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08/15/1978 - City Council Regular MINUTES OF THE REGULAR MEETING OF THE F.AGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 15, 1978 A regular meeting of the Eagan City Council was held on August 15, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Egan, Smith and Wachter. Also present were: City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. City Clerk Alyce Bolke was absent due to her temporary hospitalization at Northwestern Hospital in Minneapolis. AGENDA. After the Pledge of Allegiance, Parranto moved and Smith seconded the motion, all members voted yes to approve the agenda as printed. MINUTES. Wachter moved, Egan seconded the motion, all members voted yea to approve the minutes of the August 1, 1978, meeting. HANDICAPPED AND SENIOR CITIZENS TRANSPORTATION GROUP. Representatives of the Dakota County Handicapped and Senior Citizens Transportation Group, including President Walter Smith, appeared and explained the handicapped transportation plan, including elderly persons, for all types of transportation needs in the Eagan - Apple Valley - Burnsville area. They reviewed the pilot program, at no cost to eligible users, and asked that the City cooperate in offering the services to eligible persons. POLICE DEPARTMENT. Chief DesLauriers was present. 1. Smith moved and Egan seconded the motion, upon recommendation of Chief DesLauriers, that the motion of the Council at the last meeting that "No Parking" signs be placed on Blue Cross Road be changed to "No Parking" signs on the North side of Blackhawk Road for approximately 200 feet to the West of Blue Cross Road. All members voted yea. 2. Chief DesLauriers recommended that parking be restricted on the South side of Cliff Road 200 feet East and 200 feet West of the Richard Scherer residence at 1535 Cliff Road for persons viewing the Richard Scherer flower garden. Wachter moved and Parranto seconded the motion, all members voted yes to implement the recommendation. Page 2 August 15, 1978 MCCARTHY ROAD MEETING. City Administrator Hedges recommended and a meeting of the Public Works Committee was set for 6:15 p.m. at the City Hall regarding the storm sewer problems on McCarthy Road on August 23rd to discuss with the affected residents a solution to the storm drainage problem. NWCC FLY ASH DISPOSAL. Mr. Bill Mohr of the Metropolitan Waste Control Commission appeared with a request from the MWCC that the Council authorize the disposal of fly ash from the Seneca plant on Landmark Corporation property for filling a depression North of Highway #13. Plans and specifications were reviewed and'the Engineer recommended approval. It was noted that 40% of the sludge from Blue Lake is being treated at the Seneca plant. Smith moved and Wachter seconded the motion, all members voted in favor to approve the conditional use permit for the fly ash fill as requested by the MWCC subject to the recommendation of the Engineer in his letter of August 15, 1978, provided the NNJCC agree in writing that all liability which may result from the ash disposal will be assumed by the MWCC; and further, that top soil and seeding will be completed with final approval by the City. PROJECT #241 - DODD ROAD AREA STREET IMPROVEMEI'TS. The Mayor convened the public hearing regarding Project #241 consisting of street improvements for Saddlehorn Addition, Lakeside Estates Addition and Dodd Road. The Engineer explained the proposal and a large number of affected residents were present. It was noted an informal meeting had been held on August 9th with residents and staff members, including Mayor Murphy, at the City Hall regarding the project. Several alternates were discussed, including the upgrading of the regular maintenance on the affected streets. There were petitions from affected owners regarding improvements in favor, against and other alternates. 78% of the owners in Lakeside Estates favored a study of sewer and water for Lakeside Estates Addition. Mr. Ron Hardy of Dunn & Curry Real Estate Management, Inc., owning property abutting Dodd Page 3 August 15, 1978 Road, indicated Dunn & Curry favored the project. Wachter moved and Smith seconded the motion that the Engineer be directed to prepare an updated feasibility study for sanitary sewer and water purposes for the entire area and in addition, street improvements including blacktop, curbing and gutters. All members voted in favor. Smith then moved and Parranto seconded the motion to close the present hearing and to schedule a new hearing for September 19, 1978, at the City Hall at 7 p.m. on the revised report described above. All members voted yes. J.K.R. COMPANY PRELIMINARY PLAT AND PLAN APPROVAL. Mayor Murphy next stated that a letter had been received from Mr. Kenneth Appelbaum dated August 14, 1978, requesting a continuance of the Council's consideration of J.K.R. and Mr. Appelbaum's application for preliminary plat approval and plan approval for a shopping center at the Northeast corner of Crest Ridge and Pilot Knob Road until the September 5th meeting to permit the owner of the property to be present to explain the history of the 6 acre parcel. A number of neighboring residents appeared at the meeting. Smith moved and Wachter seconded the motion, to grant the request of Mr. Appelbaum to continue until September 5th to allow the Council and the staff to acquire additional information with the understanding that the Council will formally consider the application at that meeting. All members voted yes. OAK CHASE 4TH ADDITION. The public hearing concerning the application of Timberland Development Corporation for vacation of Oak Chase Circle in Oak Chase 4th Addition was next convened by the Mayor. City Administrator Hedges indicated that James Frisbee, the developer, has requested that the hearing be terminated and that the City Council approve some changes in the plat which has not been formally recorded with the County Recorder's office. The Engineer recommended that the corrections be allowed. Parranto moved and Wachter seconded the motion, all members voted yea to acknowledge that the changes will be permitted and will be made to the existing plat and that the vacation proceedings be terminated. Page 4 August 15, 1978 PROJECT #208 - WILDERNESS PARK SECJND ADDITION. The assessment hearing for storm sewer trunk and water area assessments for Wilderness Park Second Addition consisting of Improvement Project #208 was next convened. There were no objections from affected property owners. Egan moved and Smith seconded the motion, all members voted in favor to approve the assessment roll as recommended at an 8% interest rate to be spread over a 10 year period. PROJECT #232 - SUPERAMERICA UTILITIES. The next public hearing opened concerned Project #232 consisting of sewer and water for SuperAmerica on County Road #30 and Trunk Highway #13 area. The Engineer explained the project. There were no objections. Smith moved to close the hearing, to order in the project and to order the Engineer to prepare the plans and specifications, Wachter seconded the motion, all members voted yes. PROJECT #242 - 81ST STREET IMPROVEMENTS. The next hearing convened by Mayor Murphy consisted of street improvements to 81st Street in Yankee Square Shopping Center, consisting of Project #242. There were no objections. The Engineer reviewed the project and Wachter moved with Egan seconded the motion to close the hearing, order in the project as proposed and to order the Engineer to prepare the plans and specifications. All members voted in favor. PROJECT #243 - EAGANDALE CENTER INDUSTRIAL PARK NO. 3 STREET IMPROVEMENTS. The next hearing opened concerned Project #243 regarding street improvements for Eagandale Center Industrial Park No. 3 consisting of Neil Armstrong Boulevard including a sanitary sewer extension. A representative of the only affected owner, Northwestern Mutual Life Insurance Company, was present and spoke in favor of the project. There were no objections. Smith moved and Parranto seconded the motion to close the hearing and to order in the project to include sanitary sewer service as requested; provided, however, that all affected owners execute appropriate waivers concerning procedural requirements under the special improvement statute covering Page 5 August 15, 1978 the sanitary sewer improvements-, further, that the Engineer be ordered to prepare plans and specifications. DURNING'S SUBDIVISION - PROJECT #244. Mayor Murphy next convened the hearing regarding utilities for Durning's Subdivision, Project #244. The Engineer reviewed the project and there were no objections by affected owners. Parranto moved and Egan seconded the motion, all members voted yea to close the hearing and order in the project according to the preliminary report, and to order the Engineer to prepare plans and specifications. DISCOTREC MARATHON. Mr. Burt Rozman, the president of Discotrec, Inc. in Cedarvale, appeared regarding Discotrec's request to allow an all night dance marathon for Muscular Dystoophy the night of September 3rd beginning at 8 p.m. through September 4th. Mr. Rozman stated there would be an entrance fee plus donations would be accepted. The Police Chief's recommendations were reviewed and were agreed upon by the applicants. Smith moved and Egan seconded the motion to grant the request subject to the recommendations of the Police Chief that 1) the Discotrec management will consult with the Police Department regarding security, 2) the management will provide adequate supervision inside the building, 3) and management the / will consult with other businesses in the area of the shopping center regarding the use of the parking lot. Those in favore were: Smith, Egan and Parranto. Against: Wachter and Murphy. U-HAUL OF MINNESOTA CONDITIONAL USE PERMIT AND REZONING. Mr. Hammond from U-Haul of Minnesota appeared regarding U-Haul's application for rezoning from LB to I-1 conditional use permit for rental lot with outside storage and variances requested by the applicant at 3890 Cedar Avenue. A letter from Mr. Meyers, the operator of the Texaco station on Highway #13 and Cedar Avenue, was read agreeing to rescinding the U--Haul conditional use permit for the Texaco location at the time the new U-Haul location commences operation. Mr. Meyers was present and Page 6 August 15, 1978 indicated agreement with the letter. Councilmembers recommended that General Business zoning be approved rather than Industrial zoning and the applicant agreed to the change. Wachter moved as follows: 1. Grant the rezoning as revised from Limited Business to General Business; 2. To approve the conditional use for one year with the understanding that the Council will cancel the conditional use permit in its sole discretion in the event that the operation is not adequately maintained; and 3. Variances requested by the applicant conditioned upon the recommendations of the Advisory Planning Commission, and with the understanding there would be only one permit for truck and trailer rental at the corner of Cedar and Highway #13. All voted in favor except Smith, who voted no. LEXINGTON AVENUE EXTENSION. City Administrator Hedges presented financial statistics for the Council's information regarding funds on hand for construction of Lexington Avenue between County Roads #30 and #32 as requested by the developers of Lexington South. It was noted there was about $1.5 million available for major road construction through 1980 from various funds with estimated costs of improve- ments of approximately the same amount. The City Engineer is preparing a five year capital street improvement program for the City. After discussion, the Engineer was requested to contact MN/Dot District 9 concerning the proposal of upgrading Highway #13 to 4-lane from Silver Bell to Yankee Doodle Road, with the anticipated improvements to Highway #13. Egan moved and Wachter seconded the motion, all members voted in favor, to request the Engineer to make the contact and request 1N/Dot to appear regarding the request at a later Council meeting. Smith moved and Parranto seconded the motion, all members voted yea to proceed with the development of Lexington Avenue between County Roads #30 and #32 with the understanding that the County:.will take over that portion of Lexington Avenue as a county road and that the proposed schedule will proceed with rough grading by Page 7 August 15, 1978 the developer in 1978, utility installation in 1979, and the final road improvements in 19 80 . WILDERNESS RUN ROAD EXTENSION. Mr. Rori Hardy of Dunn & Curry Real Estate Management, Inc. submitted a request to the Council for a feasibility study concerning improvements for the extension Easterly of Wilderness Run Road including trunk sewer. Parranto moved and Egan seconded the motion to accept the petition and to request the Engineer to prepare the feasibility study. All members voted in favor. ORDINANCE #42 AMENDMENT. City Attorney Hauge presented a draft of a propcsed amendment to Ordinance #42 permitting on-sale liquor establishments to be open until 10 p.m. six nights per week. Egan moved and Smith seconded the motion to approve the Ordinance with the changes incorporated as recommended by the Council. All members voted in favor. CONDITIONAL USE PERMITS. The following conditional use permits were approved by unanimous vote: 1. _Teha Chapdelaine sign at 3768 Highway #13. Smith moved and Wachter seconded the motion, all members voted in favor to approve. 2. Jeanette Flogstad, Christian Day Care School at 3930 Rahn Road. Parranto moved and Egan seconded the motion, all members voted yes to approve. 3. Carl Case at 540 County Road #30, repair shop. Parranto moved and Egan seconded the motion, all members voted yea to approve. 4. The staff was requested to determine whether conditional use permit had been granted or was necessary for a business operation at the Northeast corner of County Road #30 and Lexington Avenue. ELECTION JUDGES. The Council considered the recommendation of the City Administrator for increases in hourly salary for City election judges. Smith moved and Egan seconded the motion to increase the hourly fees as recommended by Page 8 August 15, 1978 the City Administrator to $2.75 for the chairperson per hour and $2.50 for each of the judges per hour, with $2.50 for all election judges on an hourly basis for training purposes. ELECTION JUDGES - PRIMARY ELECTION. A list prepared by City Clerk Alyce Bolke was submitted recommending approval of the election judges for the primary election in September. It was noted that all positions had not been filled. Smith moved and Parranto seconded the motion, all members voted in favor to approve the list of election judges with additional judges to be added by the staff. CLIFF ROAD IMPROVEMENTS. The City Administrator reviewed the bids required by the Dakota County Highway Department for Cliff Road Improvements in the vicinity of Johnny Cake Ridge Road with the low bid from Minnesota Valley Surfacing Company of Apple Valley in the sum of $464,015.16. It was noted the estimate was $387,000. The work includes storm sewer and signal at the intersection of Johnny Cake and Cliff Roads. Smith moved and Egan seconded the motion, all members voted in favor to approve a contract with the low bidder because of the importance of completing the road construction. All members voted yes. SEINE ADDITION STREET LIGHTING. A petition from owners of property in Heir.e Addition on County Road #30 requesting a feasibility study and hearing regarding street lighting in the Addition was submitted. Egan moved and Wachter seconded the motion to accept the petition and order the Engineer to prepare a feasibility study. All members voted in favor. CAMERON DEVELOPMENT COMPANY - CAMERON COURT. Cameron Development Company's request that the hearing for improvements in Cameron Court on Donald Avenue was reviewed, including a request that plans and specifications be prepared by the Engineer. Smith moved and Parranto seconded the motion to accept the request and to waive the hearing provided the affected owners sign the appropriate procedural waiver forms and further, that the Engineer be directed to prepare the plans and Page 9 August 15, 1978 specifications for the improvements in Cameron Court. All members voted yea. EMERGENCY CITY PLAN. A civil defence disaster plan prepared by the City staff was accepted by the Council and copies ware given to the Councilmen for review by the Council at a later time. KAHN PARK TENNIS COURT. The quote from Delzer Company in the sum of $3,455 less $400 deduct for restoration of tennis court in Rahn Park was next discussed by the Council. The park staff recommended approval in spite of the fact that only one quote was submitted from three potential bidders. Wachter moved and Egan seconded the motion to accept the quotation reluctantly and to approve the contract with Dei.zer Company in the sum of $3,055. All voted in favor. Councilman Parranto then requested that the matter be delayed until the next meeting to afford the Councilmen time to review the damage to the tennis court. The above motion was withdrawn by the moving and second parties. VENDING MACHINES. City Administrator Hedges stated that Minnesota Session Laws, Chapter 502, 1978, amended the licensing provision for vending machines within municipalities stating no license can be charged unless the City has inspection service available. It was noted about 140 machines exist in the City. INTERNATIONAL BUILDING OFFICIALS CONFERENCE. A request from the City Building Inspector for partial funding by the City in the sum of $400 for the International Building Officials Conference in Denver from October 1st to October 6th was next discussed. Noting the conference was not budgeted by the Council, Wachter moved and Parranto seconded the motion, to deny the request including lack of apparent benefit to the City. POLICE FACILITY BUILDING. James Horne and Martin DesLauriers appeared regarding the pre-stressed concrete floor unevenness problem. It was noted that it was necessary to prepare the floor for carpeting and it was recommended by Mr. Horne that the area be resurfaced where the carpet was to be laid. A bid of Page 10 August 15, 1978 $.30 per square foot from Henry Mikkelson Company was submitted. After considerable discussion, Smith moved and Egan seconded the motion, all members voted yes to offer $.15 per square foot to the Mikkelson Company, and that the Administrator and Architect be directed to negotiate with Mikkelson Company concerning the resurfacing project. HIGH-SITE APARTMENT PROJECT PHASE 2. A letter from Harry S. Johnson Company, the surveyor on the High-Sit Phase 2 plat, was reviewed requesting a variance from the requirement of platting each building under Ordinance #52. It was noted that the Ordinance does require that each building consist of a separate platted lot and Councilmembers determined that each project should be consistent under the Ordinance provision with one building per lot. PROJECT #155A UTILITY IMPROVEMENTS. The City Engineer presented the plans and specifications for Eagan Hills West 1st Addition and Blackhawk Road sanitary sewer, water and storm sewer improvements. Wachter moved, Egan seconded the motion to accept the plans and specifications and that the Clerk be authorized to advertise for bids to be opened on September 15, 1978, at 3 p.m. at the City Hell. CEDAR AVENUE STORM SEWER AGREEMENT. A joint agreement with the Minnesota Department of Transportation concerning the Cedar Avenue storm sewer improvements was presented by the City Attorney and City Engineer. It was recommended that negotiations take place with MN/Dot regarding revisions to the agreement. Smith moved and Wachter seconded the motion, all members voted yes to approve the agreement subject, however, to the City Engineer and City Attorney negotiating with MN/Dot regarding certain revisions in the contract. All members voted yes. SEPTEMBER 11TH SPECIAL COUNCIL MEETING. The City Clerk recommended the following assessment hearings be scheduled for a special Council meeting on September 11, 1978, at 7 p.m. at the City Hall. Egan moved and Parranto seconded the motion, all members voted in favor to schedule a special Council meeting for Pare 11 August 15, 1978 September 11, 1978, at 7 p.m. at the City Hall and that the following assessment hearings be sheduled at that time: 198A Cedar Ridge Storm, etc. - all of project 195 Wescott Road - all of project 210A Blackhawk Hills streets 211A Wilderness Run Road trunk utilities 176 West Publishing trunk utilities 217 Hilltop Estates S & W enn. 31 & 30 214 Sibley Terminal storm sewer 224A Ches Mar 4 & 5 utilities IMPROVEMENT CONTRACT APPROVALS. The following improvement contracts were submitted and recommended for approval: Project #235 - Clearview Addition, Project #234 - Cliff Road, Project #216B - Mallard Park Additions, and slurry coat improvements with Madsen Construction Company. Egan moved and Parranto seconded the motion, all members voted in favor to approve the contracts and order their execution by the appropriate officials, subject, however, to submission of appropriate bonding and insurance requirements. GRAVELED ROAD IMPROVEMENTS. Because of complaints concerning the maintenance of unimproved roads in the City, Councilmembers requested the Public Works Committee to review the status of the graveled roads and make recommendations to the City Council at a later time. STREET NAMES IN THE CITY. It was noted that the Council had requested at an earlier time that no streets in the City be designated by numbers, and Parranto moved and Wachter seconded the motion, all members voted in favor, that all streets be designated by name rather than number in the City of Eegan. LARGE INDUSTRIAL BUILDING PLAN REVIEW. Councilmembers expressed their concern that the Planning Commission and Council be permitted to review plans for large industrial and commercial buildings in the City prior to the grant of building permits even though the Ordinance may permit such issuance of permits with- out APC and Council review. The Building Inspector was requested to submit such plans to the APC and Council for review prior to granting the building permits. Page 12 August 15, 1978 VOUCHERS. Parranto moved and Wachter seconded the motion, all members voted yes to approve the following vouchers: 10022 - 10197; 481 - 494; 6760 - 6863. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 12 p.m. DATED: August 15, 1978 PHH City Clerk