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06/19/1979 - City Council Regular 00j 9 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 19, 1979 A regular meeting of the Eagan City Council was held on Jude 19, 1979, at 6:30 p.m. at the Eagan City Hall. Those present were: Mayor Murphy, Councilmembers Smith, Egan, Wachter and Parranto. Also present were: City Administrator Hedges, City Engineer Rosene, and City Attorney Hauge. AGENDA Following the Pledge of Allegiance, Wachter moved and Egan seconded the motion, all members voted yes, to approve the agenda as distributed and to add the addition of Mr. Tom Baker as a candidate for alternate Eagan representative for the Metropolitan Airport Commission Sound Abatement Council. MINUTES Upon motion by Smith and seconded by.Parranto, all members voting yes, it was RESOLVED that the May 29, 1979, minutes be approved with the exception on Page 2, that it was understood that there would be a 50 foot half right of way which generally would be grandfathered along Pilot Knob Road. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the minutes of the regular meeting of June 5, 1979. Egan next moved and Parranto seconded the motion to approve the minutes of the June 6, 1979 special Council meeting. All members voted yes. METRO SOUND ABATEMENT COUNCIL Mr. Tom Baker appeared regarding his interest to serve as Barton Schmidt's alternate to the Metropolitan Airport Sound Abatement Council. Wachter moved and Egan seconded the motion, all members voted yea, to approve Mr. Baker to serve in that capacity. FIRE DEPARTMENT BUSINESS Mr. Hedges requested Council approval for the first half Fire Department Officer's compensation pay for 1979 according to the schedule that was distributed to the Council. Smith moved and Wachter seconded the motion to approve the compensa- tion schedule. All members voted yes. POLICE DEPARTMENT BUSINESS Police Chief Martin DesLauriers was present and indicated that there was no official business on behalf of the Eagan Police Department. Council Minutes o Page Two June 19, 1979 PARK DEPARTMENT Park Director Barbara Schmidt was present. 1. Grass Sweeper. Ms. Schmidt recommended that the City purchase a grass sweeper for turf maintenance for the Parks and Recreation Department for the sum of $3,725 con- sisting of a Jacobson Grass Sweeper. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the negotiated purchase price. 2. Rahn Park Grant Preapplication. Park Director Schmidt recommended that the Council approve a preapplication due by June 29th for the fiscal year 1980 for state and lawcon grants that would qualify Eagan for up to 75% of funding for the acquisition of 20 acres adjacent to Rahn Park. She reviewed the need for additional land for community park facilities including open ballfields. Smith moved and Parranto seconded the motion, all members voted in favor, to authorize the submission of a preapplication. 3. Shade Trees Disease Program. Ms. Schmidt then recommended amending the 1978 City Contract with the State for the shade tree disease program indicating that an additional approximately $1500 may be received. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the amended contract request. PUBLIC WORKS DEPARTMENT 1. Johnny Cake Ridge Road Stop Sign. Mr. Hedges stated that a request has been received from Woodgate Home- owners Association that the temporary stop sign now located on Johnny Cake Ridge and Hickory Hill Roads be installed on a permanent basis. Mrs. Olga Zender from the Woodgate Homeowners Association and other area residents were present and explained reasons for asking for the permanent stop sign for three-way stop. After considerable discussion, it was noted that the sign appears to be slowing traffic somewhat and Smith moved and Murphy seconded the motion to approve the installation of the stop sign for an additional six months. Those in favor were: Smith, Murphy and Egan. Those against were: Wachter and Parranto. 2. Cedar Grove Intersection Stop Signs. A request from residents of the Cedar Grove area that traffic control devices be installed at certain intersections within Cedar Grove were next discussed. Ten locations for stop signs were discussed and it was noted that there is a stop sign already located at Sandstone and Shale. Public Works Director Council Minutes QC Page Three June 19, 1979 Colbert recommended the stop signs at the 10 intersections. Egan moved and Smith seconded the motion, all members voted in favor, to install stop signs where requested according to the following list where the stop signs are not already in existence: 1. On Cinnabar at Carnelian. 2. On Pumice at Carnelian. 3. On Flint at Carnelian. 4. At Amethyst at Mica. 5. At Emerald at Topaz. 6. On Opal at Topaz. 7. On Garnet at Diamond. 8. On Coral at Moonstone. 9. On Sandstone at Jasper. 10. On Sandstone at Shale. PILOT KNOB ROAD - STORM SEWER AND ROAD IMPROVEMENT HEARING Mayor Murphy then convened the public hearing regarding storm sewer improvements on Pilot Knob Road consisting of Project #177 from 1-494 to Yankee Doodle Road. The City Administrator briefly introduced the subject and explained the history over the last two years and the City Engineer Rosene explained the project in detail. There were a number of property owners questioning the need for the storm sewer and a large number of residents appeared regarding the hearing which convened at 7:15 p.m. The Mayor then convened the hearing regarding Project #200 consisting of Pilot Knob Road street improvements from 1-494 to Yankee Doodle Road. The City Engineer explained that project in detail and indicated that 134 feet of right of way would be necessary for rural cross section if walkways are installed, 110 feet for urban cross section on the south one mile and 100 feet on the north one mile to accomodate 8 foot walkways on each side. He further explained the reasons why he recommended that the urban section is preferrable including the fact that the traffic would be too great for rural cross section, more right of way would be required, the shoulders would require additional maintenance, there would be additional expense to fill the ditches when the urban cross section is installed. It was also noted that it was advisable to install walkways on both sides of Pilot Knob Road at the present time which would be less expensive to install with the installation of the road project. There was a questions as to whether agricultural land would be assessed and the policy appeared that there would be no land assessed and the policy appeared that there would be no assessment at the present time for unplatted, unzoned agricultural property that is undeveloped. Mr. Edmundson appeared and stated that there is one access for Lot 1, Treffle Acres to Pilot Knob Road that would require an opening on Pilot Knob Road. Council Minutes 0 Page Four June 19, 1979 Councilmember Wachter, the Chairman of the Public Works Committee, discussed the findings of the Committee including the trailway on the east side which is to be installed by the County at sometime in the future. The City Engineer recommended against an underpass south of Lone Oak Road because of the fact the road is now intended to be undivided and there was also discussion regarding the speed limit re- duction on Pilot Knob Road. There did not appear to be any objections to the urban cross section undivided roadway but recommendations that walkways be installed at the time the road is upgraded on both sides. Parranto moved and Wachter seconded the motion to close the public hearing on both pro- jects and that the Council recommend to the County that it proceed with a four lane urban cross section roadway on County Road #31 from 1-494 to Yankee Doodle Road and further, that the street improvements be ordered in and installed subject to the following: 1. That trailways be designed on both sides of County Road #31. 2. That the plans and specifications for the roadway be approved by the City Council. 3. That traffic signals be installed at Lone Oak Road and Yankee Doodle Road. 4. That there be no underpass included under County Road #31. Parranto indicated reasons for his motion included the fact that the City has spent two years studying the traffic flows, traffic volume and street designs; that Pilot Knob Road is in a very poor and unsafe condition; that Pilot Knob Road is a through traffic roadway and not a residential road only within the City; that a four lane urban road is generally safer than a two lane road and further, that a four lane roadway requires narrower rights of way acquisition. Council- member Smith stated additional reasons for supporting the motion would be that little if any additional right of way would be needed for the four lane roaway, the assessments are the same for residential owners and that additional lanes will be required within a few years in any event and stated that it was unfortunate that the County did not provide for alternate roadway design at an earlier time so that the con- struction could have proceeded prior to the present time. Those in favor were: all members. Smith then moved and Parranto seconded the motion to order in the storm sewer project as presented. All members voted in favor except Egan who abstained from voting on the motion and Smith suggested that the storm sewer not be installed under the center of the roadway. The public hearing adjourned at 8:35 p.m. Council Minutes QJ,~a~ Page Five June 19, 1979 MAKIN MAGIC - CEDAR AVENUE At 8:45 p.m., Mayor Murphy reviewed with the Council and a large group of approximately 200 persons present, a petition from residents in the area of Cedar Avenue objecting to the Makin Magic drug paraphernalia retail shop at Cedar and County Road #30. Alice Kreitz spoke on behalf of the people and indicated the objections including the closeness of the shop to the elementary and junior high school, the potential effects on children and the attraction to younger children of the sale of drug related items, the loud music, the objection of business establishments in the area, etc. A number of people present spoke and objected to the Makin Magic Shop including Bob Bratlin of the Burnsville School Board, Father Burns of Mary, the Mother of the Chuch, John O'Grady, the Assistant Principal at Metcalf, and others. Mrs. Betty Dimmer, owner of the property, was present and explained her position regarding the lease. Robin Gieger, the operator of Makin Magic, was also present and stated his position and recommended that in the event that persons in the area attempted to close down the establishment that they do it legally and pursuant to law. There was discussion concerning the request for the adoption of an ordinance licensing retail establishments, a potential ordinance controlling the sale of drug parapher- nalia, potential self help by individuals affected in the area including picketing and a proposed study by the City to control the operation and sale of drup paraphernalia. Mr. Gregory Rothnem, attorney for Mr. Gieger, was also present and suggested that the City attempt to control the use of drugs and not the sale of drup paraphernalia. After considerable discussion and input, Wachter moved that the City staff and City Attorney study the procedures for the preparation of an ordinance controlling businesses such as the Makin Magic establishment and further, a licensing ordinance for licensing such businesses. Murphy seconded the motion and all members voted in favor. In-addition, there was discussion regarding proposed statewide legislation and it was noted that contacts have been made through the Legislature for legislation on a statewide basis controlling the sale of drug paraphernalia. Pa-cranto then moved to direct the Police Chief to monitor the Makin Magic store to determine whether there are any direct sales of controlled substances through the retail store operation and to insure the owner's rights with regards to property are respected, and further, to monitor all alleged potential suspected organizations or persons that may be illegally selling or handling controlled substances within the City. Murphy seconded the motion and all members voted in favor. The discussion ended at 10 p.m. Council Minutes 004 Page Six June 19, 1979 MR. STEAK ON-SALE LIQUOR LICENSE Mr. James Durning appeared on behalf of his application for on-sale liquor license for Mr. Steak at 4625 Cedar Avenue. It was noted that a conditional use permit had been granted for on-sale liquor license at that location and the Chief of Police indicated that a record check reflected no objection to the grant of the license. Parranto moved and Wachter seconded the motion, all members voted in favor to approve the on-sale liquor license for the Mr. Steak restaurant. MR. STEAK I.D.R. BONDS The City Council then reviewed the final resolution to consider the $600,000 commercial development industrial revenue bonds for Mr. Steak restaurant at 4625 Cedar Avenue. City Attorney Hauge stated that he had reviewed the documents and that the resolution appeared to be in order provided that the conditions of the City industrial revenue guidelines are met and that all statutory requirements are fulfilled. Parranto moved and Smith seconded the motion, all members voting yea, to approve the final resolution subject to the City Attorney and City staff approval. SEE BOND FILE ST. JOHN NEUMANN FINAL PLAT The St. John Neumann final plat was reviewed by the City Council and it was noted that certain ponding and drainage easements will be required. Smith moved and Egan seconded the motion, all members voted in favor, to approve the final plat subject to final staff approval and compliance with all necessary City requirements. R 79-44 D 79-86 OVERVIEW ESTATES PRELIMINARY PLAT Barton Dunn appeared on behalf of his application for preliminary plat approval of Overview Estates and briefly reviewed the history including the APC recommendations re- garding the plat. At this time, the City Council moved the meeting to the basement of the police building because of tornado warnings in the general area and continued the balance of the meeting in the police facility. A number of neighboring residents of the area appeared and discussed with the Council the recommendation that a storm sewer be installed from Overview Estates to Schwanz Lake and recommended that the developer of Overview Estates pay the cost of the Council Minutes 0CJ Page Seven June 19, 1979 installation of the storm sewer facility. Mr. Dunn recom- mended that the plat include storm drainage facilities within the plat at the present time which would tie into future storm drainage. After discussion, Wachter moved and Smith seconded the motion to approve the preliminary plat and to instruct the City Engineer to prepare the feasibility study regarding storm drainage and further, subject to all APC recommendations including the fact that the street would be changed from Saddle Street to Golden Meadow Road. All members voted in favor. D 79-87 TOLLEFSON BUILDERS ADVERTISING SIGNS An application of Tollefson Builders, Inc., for two temporary advertising signs to be located at the northeast corner of Cedar and Cliff Roads and the southwest corner of Pilot Knob and Cliff Roads was next reviewed. The signs would advertise Brittany Estates and Country Hills. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the application subject to ordinance re- quirements. FISH LAKE STORM SEWER OUTLET A petition signed by 13 property owners around Fish Lake requesting a reconsideration of the controlled storm sewer outlet to Fish Lake was presented to the Council. After discussion, Parranto moved and Egan seconded the motion, all members voted in favor, to direct the Engineer to prepare a preliminary report and to update the original report for submission to the Council and further to accept the petition. GEORGE OHMAN TEMPORARY ON-SALE BEER LICENSE Mr. George Ohman, Jr., requested a nonintoxicating liquor license for August 4-6, 1979, for 3.2 beer for the Eagan Steam Threshing Show on his property on Cliff Road. Parranto moved and Smith seconded the motion, all members voted yes, to approve the application. VIRGIL SCHAFF BUILDING PERMIT The application of Mr. Virgil Schaff for building permit for Lot 3, Auditor's Subdivision on an approximately 4 acre parcel on the south side of Highway #55 was next considered by the Council. Several members of the Schaff family were present and the Council reviewed the earlier action re- garding the parcel in the General Business zoned property going back to 1972. It was noted that a conditional use permit has been granted to Mr. Schaff or the heirs of the Schaff family for the construction of a building in 1972. City Council Minutes Page Eight June 19, 1979 There was discussion concerning a recommendation to plat the property to avoid the problem of sale of the individual buildings at sometime in the future. It was suggested that the owners prepare a proposed plat for the property for future subdivision and to provide for road right of way that would be dedicated to the City at such time as the land is subdivided or any portion less than the whole is sold or conveyed with the understanding that the proposed subdivision would comply with current ordinances. Wachter moved and Murphy seconded the motion, to grant the building permit. Those in favor were: Wachter and Murphy. Those against were: Parranto, Smith and Egan. Parranto then moved and Smith seconded the motion, all members voted yes, to continue the consideration of the application until further review by the applicants. LIONS CLUB GAMBLING LICENSE The application of the Eagan's Lions Club for renewal of the gambling license commencing July 1, 1979, was next considered. There was discussion concerning the Fourth of July celebration and the fact that it appeared that a 4-H Club will be operating a bingo concession at the Fourth of July festivities. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the Eagan's Lions Club gambling license subject to compliance with the gambling ordinance and a license for raffles only with the understanding that the City staff inform the Fourth of July Association that one application for the Fourth of July festivities in 1980 should be submitted for approval. MISCELLANEOUS EASEMENT PROJECTS The City Attorney reviewed with the Council a letter dated June 18, 1979, from him regarding special consideration for the acquisition of easements primarily on the Blackhawk Lake - Thomas Lake storm sewer project. 1. Blackhawk Park, Inc. - Dunn & Curry. A request from Mr. Dunn for payment for storm sewer easements across the Blackhawk Park PUD property north of Deerwood Drive was first considered. Councilmembers indicated that in the case of developer's land, that the City policy has been that no payment will be made for easements. 2. Henry Franz - Deerwood Drive. The request of Mr. Franz for reimbursement for the temporary and permanent easement together with the loss of a portion of an alfalfa field was next considered. It was recommended that the sum of $500 be paid for the loss of the alfalfa and that the balance of the permanent and temporary easement be paid at the normal City rates. Council Minutes Page Nine June 19, 1979 3. Russell Butler Property - Deerwood Drive. Together with alignment changes requested by the Butlers, payment for permanent and temporary easements and moving of certain trees and payment for three removed pine trees was discussed. It was recommended that easements be granted over the Butler property in consideration of these items. 4. Patrick McCarthy Property. There was discussion relating to the referring assessments for storm sewer trunk purposes on the quarter section between Deerwood and Pilot Knob and County Road #30 covering 168 acres and that none of that property appears to be at a development stage. In addition, it was noted that 120 acres appeared to be green acred and there is no current development pending. 5. Anna Heuer Property. Permanent and temporary easements payments were recommended for approval. 6. Larry Wenzel Property. Temporary and permanent easements will be required and normal payment was recommended. 7. Hillcrest Development Ponding Easement. City Attorney Hauge and Mr. Rosene discussed with the City Council the required pond lying north of Cliff Road adjacent to Cedar Avenue in an area contemplated for commercial development in the proposed Tankenoff Acres. A form of an agreement with Hillcrest whereby an easement will be granted to the City in return for a liability policy naming Hillcrest as a coinsured was discussed. Councilmembers indicated that their policy has been to avoid adding fee owners names in the event of dedi- cation of ponding easements and it was requested that futher negotiation take place with Hillcrest. PROJECT #79-13 - LAKESIDE ESTATES, SADDLEHORN AND DODD ROAD UTILITIES IMPROVEMENTS (PROJECT #241) The bids covering City Improvements #79-13 were reviewed by the City Council with the low bid of Encon Utilities, Inc., in the sum of $599,962. The City Engineer recommended that the low bid be approved. Wachter moved and Smith seconded the motion, all members voted yea, to approve the award of the contract for Improvement #79-13 to Encon Utilities, Inc., in the above manner. CEDAR AVENUE TRUNK AND CROSSING IMPROVEMENTS #79-10 The bids received on June 14, 1979, covering Project #186 with the low bid of Encon Utilities, Inc., of $536,412 was next considered. Mr. Rosene stated that easements will Council Minutes Qe,l® Page Ten June 19, 1979 be required for a ponding easement from Hillcrest Properties in addition to other easements and further that the low bidder, Encon Utilities, had notified the City on June 19 that a mistake had been discovered in an amount of approximately $60,000 in its bidding process and requested that its bid be withdrawn. It was noted that the next low bid was Richard Knutson, Inc., in the sum of $620,351 and the Engineer's estimate was $560,000. Smith moved and Parranto seconded the motion, all members voted in favor, to accept the recom- mendation of the City Engineer that the award of the bid be continued for two weeks for further consideration of the request of withdrawal by Encon. I-35E PLANS AND SPECIFICATIONS FOR CEDAR INTERCHANGE The City Council briefly reviewed the plans and speci- fications for the I-35E interchange at Cedar Avenue submitted by Mn/DOT. The Public Works Director and Consulting Engineer had reviewed the plans and recommended approval. Wachter moved and Egan seconded the motion to approve the plans and specifications. All members voted in favor. R 79-45 COUNTY ROAD #63 MSAS FUNDS - PROJECT #195A A memo from Mr. Colbert indicated that a portion of the project included construction of a County State aid project including MSAS funds and a Council resolution was requested by Mn/DOT approving the expenditure. Mr. Colbert recommended approval. Egan moved and Parranto seconded the motion, all members voted in favor, to approve the resolution. R 79-46 BRITTANY FIRST ADDITION The final plat for Brittany First Phase was submitted through the developer, Tollefson Builders, Inc. It was noted that the development agreement had been approved and the letter of credit had been submitted. The City Engineer recommended approval except for a 20 foot drainage easement lying between Lots 5 and 6, Block 4, rather than a 10 foot easement. The City staff recommended approval. Wachter moved and Parranto seconded the motion, all members voted in favor, of approval, subject to the City requirements and City staff review of Outlot B including the 20 foot easement. R 79-47 D 79-88 Council Minutes Page Eleven 0 June 19, 1979 BRITTANY FIRST PHASE PLANS AND SPECIFICATIONS - IMPROVEMENT #79-18 The plans and specifications for Brittany First Phase and other project utilities and street improvements consisting of Improvement #79-18 were submitted by the City Engineer. Smith moved and Egan seconded the motion to accept the plans and specifications and to authorize the City Clerk to adver- tise for bids to be opened on July 19, 1979, at 3 p.m. at the Eagan City Hall. All members voted in favor except Parranto who abstained. DAVID PETERSON - CARLSON LAKE Mr. Hedges stated that David Peterson, the owner of the home on the north side of Carlson Lake, who had been experiencing difficulties because of the high water level of Carlson Lake has requested emergency relief for reducing the storm water near his residence. The Engineer recommended that the Carlson Lake pump be installed as quickly as possible and the City Council accepted the recommendation with the understanding that the pump not be used until it is absolutely essential to do so because of the general high water in other lakes in the area. DAKOTA COUNTY LIBRARY SITE Mr. Hedges stated that the Dakota County Library Board had adopted a resolution to approve the location of the Dakota County Library site on the Eagan property on Pilot Knob Road and that further negotiations will continue with the City shortly. JULY 10TH SPECIAL JOINT COUNCIL - APC MEETING Mayor Murphy scheduled a special joint Council - APC meeting for July 10 at 6 p.m. to tour the scattered site housing in Eagan with the Dakota County H.R.A. Director, Nan McKay, prior to the APC comprehensive plan meeting on that same evening. SPECIAL CITY COUNCIL MEETING - JUNE 27TH Mayor Murphy then scheduled a special Council meeting of the Eagan City Council for June 27, 1979, at 6:30 p.m. to interview candidates for Finance Director for the City. EMPLOYEE MILEAGE ALLOWANCE There was discussion through the City Administrator re- garding mileage allowance for City employees who are using their personal vehicles on an extended basis. No action was taken beyond the action taken at the previous Council meeting. Council Minutes Page Twelve .6® June 19, 1979 EAGAN ICE ARENA Tom Hedges stated that Mike Gresser had submitted to him a proposed suggestion for the construction of an ice arena on City property by Mr. Gresser and either purchase or lease back to the City. There was discussion concerning a bond issue referendum'and the City staff was requested to pursue the matter further within the next few weeks. KENNETH APPELBAUM SHOPPING CENTER The City Administrator explained to the City Council that a request had been made through Mr. John Uban, of Urban Planning, whether the Council would be receptive to Mr. Appelbaum's request for a shopping center hearing either through a waiver of the one year rezoning requirement or an application to approve a site plan with the shopping center on the north 10 acres of the 16 acre parcel at Pilot Knob and Crestridge. No specific direction was given by the City Council. PILOT KNOB ROAD SPEED LIMIT Councilmembers discussed recommending lowering the speed limit on Pilot Knob Road through the City to 40 m.p.h. Parranto moved and Egan seconded the motion, all members voted in favor, to request a speed study through Dakota County for the potential deduction to 40 m.p.h. R 79-48 VOUCHERS Wachter moved and Egan seconded the motion, all members voted in favor, to approve the following vouchers: 12416 - 12622; 661 - 679; 8334 - 8407. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:25 a.m. Dated: June 19, 1979 PHH CITY CLERK