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07/02/1979 - City Council Regular 00162 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 2, 1979 A regular meeting of the Eagan City Council was held on' July 2, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Parranto, Smith, Egan and Wachter. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Egan moved and Parranto seconded the motion, all members voted in favor, to approve the agenda with certain adjustments as to location of items on the agenda. MINUTES Wachter moved and Egan seconded the motion, all members voted yes, to approve the minutes of June 19, 1979, with the exception on page 3 regarding Cedar Grove intersection stop signs that the following list included in the minutes be referred to; on Page 5, that the four-lane urban road is generally safer than two-lane rural road and further, that Councilmember Smith suggested that the storm sewer not be installed under the center of the roadway in relation to the Pilot Knob Road storm sewer and road improvement hearing. FIRE DEPARTMENT Fire Chief Bob Childers was present. He indicated that the bids on Fire Station #3 and Fire Station #1 improvements had been opened on Wednesday, June 27th, and the low bid was approximately $251,600. The low bids on the fire equipment included truck and equipment, pumper truck and rescue truck were also reviewed. It was noted that the estimate on the building improvements was $120,000 and Mr. Childers requested a continuance until the next regular meeting to review the bids and recommend deductions. Wachter moved and Parranto seconded the motion, all members voted in favor, to refer the bids to the Public Works Committee for its meeting on Thursday, July 5, 1979, at 8 a.m. and report back to the Council. POLICE DEPARTMENT Police Chief DesLauriers was present. 1. Civil Defense Director. A letter from Larry Mills, the Dakota County Executive Secretary, was reviewed requesting input from the Council regarding a civil defense program within the County. The staff recommended the following: City Council Minutes OC E;3 Page Two July 2, 1979 a. Whether the civil defense department ought to be independent or under another County department and the staff's recommendation was that it be within a department, e.g., sheriff's department. b. That each city maintain its own civil defense unit. c. That there be training for civil defense personnel and that there be no change in the training process. d. That the civil defense director's job description should be defined at the State level. e. That there should be continued coordination with the County civil defense director. Wachter moved and Smith seconded the motion to endorse the recommendations of the City staff and to authorize a repre- sentative from the City to attend a County Civil Defense Coordinating Committee meeting. All members voted in favor. PARK DEPARTMENT City Administrator Tom Hedges reported and indicated that a grant,for purchase of park land in Section 9,from the State of Minnesota in the sum of $33,250 consisting of 25% had been received. Eagan's share of 25% could be paid from $22,000 in the present park site fund from Section 9 with additional funds being necessary. Parranto moved and Egan seconded the motion to accept the recommendations for approval of the grant assistance agreement with the State of Minnesota for the receipt of the funds. All members voted in favor. PUBLIC WORKS DEPARTMENT Public Works Director Colbert reported. 1. Johnny Cake Ridge Road Bike Trail. Mr. Colbert stated that the Dakota County Park Director, Chuck Lowery, had requested approval for a 10 foot bituminous bike trail along Johnny Cake Ridge Road from Cliff Road to the Minnesota Zoo. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the request including the plans and specifications and to authorize construction of the County bike trail within City right of way on Johnny Cake Ridge Road as proposed. 2. CPA Easement - Duckwood Park. Cooperative Power Association requested the grant of a 34 foot easement on the Council Minutes Q0j_6,4 Page Three July 2, 1979 easterly side of the Duckwood Park for the installation of a 69 KV transmission line along the west side of Lexington Avenue. Mr. Colbert and the Park Director recommended approval. Smith moved and Wachter seconded the motion, all members voted yes, to authorize the execution of the easement for power line transmission purposes to Cooperative Power Association. 3. Carlson Lake Storm Water Pump. Mr. David Peterson, owner of property on the North side of Carlson Lake, appeared and stated that due to recent heavy rains that his property is in danger of being flooded and requested that the pump be installed and that Carlson Lake be pumped immediately. There was discussion concerning controls on development until the resolution of the total storm drainage problem is completed and also discussion as to pumping down the water into the sanitary sewer trunk line in the Thomas Lake - Carlson Lake area. After considerable discussion, Smith moved and Egan seconded the motion that the Public Works Department prepare plans and activate the plans for the reduction of Carlson Lake level and Thomas Lake level to avoid the current high water to permit the City adequate time to achieve a permanent solution for the problem. All members voted in favor. PROJECT #271 - GOPHER EAGAN FIRST ADDITION UTILITIES Mayor Murphy convened the hearing regarding Improvement Project #271 consisting of Gopher Eagan First Addition utilities - sanitary sewer, water and storm sewer. City Engineer Rosene explained the project and there were no objections. Smith moved and Egan seconded the motion, all members voted in favor, to close the hearing, order in the project and to prepare the plans and specifications. PROJECT #273 - DEERWOOD DRIVE STREET IMPROVEMENTS The next public hearing convened by Mayor Murphy consisted of Project #273 covering street improvements from Pilot Knob Road easterly one-quarter mile. A number of affected property owners on each side of Deerwood Drive were present. Some suggested the sidewalk be located on the south side due to terrain problems. There were other suggestions by property owners but no strong objections to the project. Generally those present favored the installation of the improvements including Father Nygaard from St. John Neumann Catholic Church who was present. There was considerable discussion concerning the storm drainage and the City Engineer recommended no catch basins. He recommended that street drainage be used at the present time and that in the future that the trunk; installation be installed when development warrants such construction. Smith moved and Wachter seconded the motion to close the hearing, to order in the project and to direct the City Engineer to prepare the plans and specifications showing alternate sidewalks on the north and the south sides of Deerwood Drive. Council Minutes 0CJ_(;5 Page Four July 2, 1979 VIRGIL SCHAFF BUILDING PERMIT Mr. Virgil Schaaf's application for a building permit on Lot 3, Auditor's Subdivision, on the south side of Highway #55 was next considered. A plan for a proposed future subdivison of the area was submitted by a representative of the Schaaf family as requested by the Council according to a ground and building plan dated June 1, 1979. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the building permit application subject to all ordinance requirements. 1-494 INTERCHANGE Mr. Colbert briefly detailed the progress to date including the Mn/DOT proposal for the construction of 1-494 in the Pilot Knob Road area. He recommended, however, that further study be made. Egan moved and Smith seconded the motion to continue the matter to the next meeting to review the most recent report from Mn/DOT which had not been distributed to the Council. all members voted in favor. PROJECT #79-10 - CEDAR AVENUE TRUNK STORM SEWER It was noted that Mn/DOT will participate in the cost and the project must be reviewed and approved by Mn/DOT. Representatives of the apparent low bidder, Encon Utilities, Inc., Dick Kavaney, Attorney, and Mr. Enwright appeared and indicated that three errors were made in the bid by Encon totalling approximately $45,000. They requested that they be allowed to withdraw their bid because it would work a hardship on Encon. Smith moved and Parranto seconded the motion, all members voted in favor, to continue the application for a short time during the meeting to permit the Engineer and Public Works Director to review the bid and the errors and report back to the Council. Later in the meeting, the Engineer reported back and indicated the $44,760 approximately had inadvertently been excluded in the bid and that the second low bidder was $14,641 higher than Encon's bid. After review- ing the reasons for the request and the hardship involved, Smith moved and Wachter seconded the motion to grant the request to permit Encon to cancel its bid and that the contract be awarded to the second low bidder, Richard Knutson, Inc., in the sum of $551,053. All members voted in favor. NICHOLS ROAD - OLD CEDAR AVENUE City Administrator Hedges indicated that seven letters had been received suggesting name changes for old Cedar Avenue to comply with the request of Mn/DOT. After reviewing the recommendations, Murphy moved and Wachter seconded the motion, all members voted in favor, to recommend that old Cedar Avenue be renamed Nichols Road and that the name be forwarded to Mn/DOT for final approval. Council Minutes ocf Page Five July 2, 1979 DARYL BORNEMAN CONDITIONAL USE PERMIT Mr. Daryl Borneman appeared on behalf of his application for conditional use permit for automobile training center on Lot 4, Block 1, Barton McGray Addition on Highway #13. The Council had asked for a detailed landscape plan with discussion concerning fencing as opposed to berming with shrubs for safety purposes. After considerable discussion, Egan moved and Wachter seconded the motion to approve the conditional use permit with the landscaping plan without security fence and provide for landscaping and berming as approved by the City subject further to all APC recommendations. All members voted in favor except Parranto who voted no favoring provision for a fence. COUNTY ROAD #30 FEASIBILITY REPORT A petition was submitted by a large number of area residents in the area of County Road #30 between Cedar and Blackhawk Road asking that alternate sketches for 44 foot and 52 foot right of way be considered by the County Highway Department. Further, that there be a 35 mph speed limit and four-way semaphore at Rahn and County Road #30. Motion was made by Wachter and seconded by Smith to request the County to further study the suggestions made by the area residents including stop sign locations, projecting turning movements off new Cedar to County Road #30, the alternate 44 and 52 foot road improvements and to report back to the Council by the end of July. All members voted in favor. DARYL BORNEMAN PYLON SIGN Mr. Borneman then appeared regarding his request for conditional use permit for pylon sign on Lot 4, Block 1, Barton McGray Addition. He indicated that the sign would be 27 feet plus the additional dropoff at the rear of the lot approximating 15 feet. Smith moved and Parranto seconded the motion to deny the application because of the excessively high sign and there was discussion concerning the elevation of Highway #13 at that location. All members voted in favor. WINDTREE ADDITION REZONING AND PRELIMINARY PLAT Mr. James Hill appeared on behalf of Niakwa, Inc., to rezone from Agricultural to R-l, Residential Single, and R-4, Residential Multi-Family, approximately 100 acres and for preliminary plat approval of Windtree Addition located in Section 13 north of Wescott Road. It was noted that the appli- cation had been amended to provide for single family development only. The Council reviewed the APC and staff recommendations Council Minutes Page Six July 2, 1979 and there was extended discussion concerning whether the proposed park land dedication was useable flat land in conjunction with the proposed park from Gopher Eagan PUD. There was also concern about the number of ponds in the park and the steep grades for useable flat land purposes. There was discussion about possibly approving the plat but reserving the right to determine whether the land should be dedicated or cash paid after further review by the Park Committee. It was noted that all of phase one would be west of Elrene Road. Smith moved to rezone the property from A, Agricultural to R-1, Single Family and Wachter seconded the motion, all members voted in favor. Smith then moved and Wachter seconded the motion to approve the preliminary plat of Windtree Addition all according to the APC recommendations; further, that the first phase covering the property west of Elrene Road be permitted for development with no further plats to be approved until the park issues are resolved; further, that the developer be required to post a cash escrow at the time of filing the first final plat until the park issues are determined. All members voted yes. R 79-49 D 79-89 JANE GORDNER BEAUTY SHOP Jane Gorder appeared on behalf of her application for conditional use permit for beauty shop at 3996 Cinnabar Drive in Cedar Grove. There were no objections. Smith moved and Egan seconded the motion, all members voted in favor, to approve subject to all ordinance regulations. DUANE GAUDETTE WAIVER OF PLAT Mr. Gaudette appeared regarding his waiver of plat on property at 4017 Diamond Drive to add 12 feet to his lot to extend his garage. The APC recommended approval subject to conditions. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the application subject to the APC recommendations. There were no objections. R 79-50 DONALD STRICKER WAIVER OF PLAT - WESCOTT HILLS DRIVE Mr. Donald Stricker appeared on behalf of his application for waiver of plat to divide an approximately 10 acre parcel into two lots for construction of an additional home for his daughter. The APC recommended approval subject to certain conditions. There were no objections to the application. After discussion, Wachter moved and Parranto seconded the motion to approve the application subject to recommendations of the APC including the following conditions: Council Minutes Page Seven .68 July 2, 1979 1. That a sketch plan indicating how the lots can be resubdivided in the future when public utilities are installed be submitted to City staff for review and comment. 2. That there be a park contribution for the newly created lot. 3. That sufficient right of way be dedicated for a mini- mum of a 60 foot right of way for 2 newly created lots with the understanding that the 30 foot right of way was aquired from the applicant on Wescott Hills Drive. 4. That 10 foot drainage and utility easements be dedi- cated adjacent to all lot lines. All members voted yes. Parranto then moved and Wachter seconded the motion, all members voted in favor , to approve the variance to permit building permits on unplatted residential lots under five acres to provide for construction of an additional home because of the precedent set in the Wescott Hills area. R 79-51 CEDAR RIDGE SECOND ADDITIONAL FINAL PLAT Mr. Larry Frank appeared on behalf of the application of D.H. Gustafson for final plat approval of Cedar Ridge Second Addition. The Planner recommended approval. Discussion con- cerned storm drainage in that area and the seriousness of patrolling drainage in the area surrounding the Addition. Parranto moved and Egan seconded the motion to approve the final plat subject to City requirements. All members voted in favor except Wachter who voted no due to the need to resolve the storm water drainage in the area. R 79-52 D 79-90 AMES CONSTRUCTION COMPANY - TRUNK HIGHWAY #13 CONSTRUCTION Mr. Gerald Eversen and Mr. Ames representing Ames Con- struction, Inc., appeared on behalf of its application to permit night hauling of fly ash from the Northern States Power Company Blackdog Plant along existing Cedar Avenue to the proposed location of new Trunk Highway #13 east of existing Cedar. The request was to haul from 7 p.m. to 5 a.m. to avoid the heavy daytime traffic with the hauling to continue for about 3 months. Mr. Eversen indicated that the alternate would be to haul material from the new Cedar Avenue in the County Road #30 area which would increase the construction time beyond the 1980 construction season for Cedar Avenue. There would be approximately 275,000 cubic yards of fly ash hauled into the Barton McGray gravel pit area. Council Minutes Q0! 69 Page Eight July 2, 1979 Several neighboring property owners appeared and had strong concerns about dust and noise to residential homes. There was considerable discussion about restrictions on the grants of the permission including posting of a $5,000 escrow, that the Police Chief monitor traffic and that other nuisance problems including dust and noise, that the permit be granted on a two week basis with continued inspection to determine whether Ames is. complying with the terms of the permit, the need for liability insurance, traffic congestion, possible need for flagpersons and lights. Mr. Eversen also requested permission from the City to give approval for hauling of fly ash required by the Pollution Control Agency. After considerable discussion, Wachter moved and Egan seconded the motion to approve the request for the permit according to the conditions laid out in the agreement to be prepared between the City and Ames Construction, Inc., further subject, however, to initial approval by the Police Chief and as to the feasibility and for safety reasons with the understanding that permission would be given on a trial basis with continued inspections, it being understood that a special meeting will be called if necessary to determine the feasibility. All members voted in favor except Smith who voted no and stated that Ames had not adequately explored alternatives for the haul operation. Parranto then moved and Wachter seconded the motion, all members voted yes, to require the posting of the $5,000 cash escrow with the City to insure compliance with the agreement. It was stated that there would be an approximate savings of $80,000 by hauling the fly ash and in addition, that state and federal agencies according to Ames have not given approval to the project. It appears that the project is an exception to Ordinance No. 8 and that no excavation or fill permit is required under that ordinance because the hauling is in a road right of way. BRITTANY VARIANCE AND PRIVATE UTILITY INSTALLATION Mr. Carl Tollefson and Mr. Richard Dahm appeared on behalf of the application of Tollefson Construction for variance for Lots 4 through 10, Block 2, to permit 20 foot setback due to terrain problems. There was discussion con- cerning storm drainage and it was noted that Brittany is the name of the final plat. Councilmembers objected to the use of the name of Brittany Estates in advertising brochures because of confusion in the minds of the City and potential purchasers. Smith moved to grant the variance requested and that the Building Inspector review and approve the location of the buildings. Egan seconded the motion, all members voted in favor except Wachter who voted no because of potential storm drainage problems in the area. Smith then moved and Egan seconded the motion to order the developers to cease marketing Council Minutes 0-170 Page Nine July 2, 1979 under the name of Brittany Estates because of the confusion involved. All members voted yes except Wachter who voted no. There was then discussion about installation of utilities and street improvements privately by the developer and the Engineer explained that the project is now up for bids for a three part contract with the bids to be received on July 19th. There was concern about inspection by the City staff and the escrow arrangement. No action was taken. PROJECT #266 - RAHN PROPERTY The City Engineer submitted a preliminary report con- cerning Project #266 covering utility and street improvements on the Arthur Rahn property on Blackhawk Road. Councilmember Parranto requested that the developer be permitted to review the feasibility report. Wachter moved and Smith seconded the motion to accept the report and to permit the developer to determine the feasibility of the project and report back to the Council. All members voted in favor except Parranto who abstained. PROJECT #279 - FISH LAKE STORM SEWER The next feasibility report covered the Fish Lake outlet storm sewer Improvement Project #279 submitted by the City Engineer. Egan moved and Wachter seconded the motion, all members voted in favor, to accept the report, to schedule a public hearing to be held on August 7, 1979, at 7 p.m. at the Eagan City Hall. TAX EXEMPT MORTGAGE FINANCING City Administrator Hedges introduced the topic regarding a tax exempt mortgage financing from the 1978 Legislature and distributed a report dated June 26, 1979, concerning the subject. Chairman Mark Parranto of the Finance Committee reviewed the findings of the Committee and recommended that a public hearing be scheduled for August 21st to review the process and make a determination whether the Council should proceed with the tax exempt mortgage financing in the City. Parranto then moved to schedule a hearing on August 21st at 7 p.m. pursuant to the 1978 Minnesota Legislation. Smith seconded the motion, all members voted in favor. PROJECT #79-6 - BLACKHAWK LAKE STORM SEWER City Engineer Rosene and City Attorney Hauge discussed the proposed starting of the construction for the Blackhawk Lake - Thomas Lake storm sewer Project #79-6 and indicated that several easements have not been acquired along the proposed utility right of way. Becuase of the importance of Council Minutes 00171 Page Ten July 2, 1979 commencing the project as soon as possible, Wachter moved and Parranto seconded the motion, all members voted in favor, to authorize the execution of the contract, authorize the contractor to commence construction as soon as possible and that the City Attorney be instructed to acquire all of the necessary easements as quickly as possible. SEAL COAT BIDS - 1979 Bids were received on Thursday, June 28, 1979, at 3 p.m. for the 1979 seal coat project with the low bid from Allied Blacktop Company with the total base bid of $25,200, Alternate 1 with a deduct of $5,600, Alternate 2 increase of $2,240, and Alternate 3, a deduct of $2,240. Mr. Colbert reviewed the project and recommended approval of the low bid with the buckshot consisting of Alternate 1 to be installed in the Blackhawk Hills Addition and traprock which is the base bid on the balance of the City in order to stay within the budget. Wachter moved and Egan seconded the motion, all members voted in favor, to accept the recommendation and proceed with the award of the contract. CONDITIONAL USE PERMITS The following renewal of conditional use permits were presented including George Becker group type foster home at 3890 Lexington Avenue, dispatching fees currently 50G per capita for the City of Inver Grove Heights and the horse ranch for Jerry Thomas at 1810 County Road #30. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the conditional use permits as presented for renewal for an additional year. D79-91 SILVER BELL ROAD - MN/DOT RESOLUTION A proposed resolution of intent to upgrade Silver Bell Road from Cedar Avenue to the east within five years of the completion of Trunk Highway #13 relocation was presented by Mn/DOT to the City. Mr. Colbert recommended approval. Smith moved and Wachter seconded the motion to approve the resolution and to authorize its execution. All members voted in favor except Egan who voted no. R 79-53 STORM SEWER LATERAL ASSESSMENTS Doris Wilkins appeared and objected to what she indicated appeared to be inconsistencies in the lateral storm sewer assessments on the Pilot Knob Road project particularly in the area of Lemay Lake as compared to Deerwood Drive lateral storm sewer installation. She stated that it appeared that property Council Minutes 702 Page Eleven July 2, 1979 owners in the Lemay Lake area were being assessed considerably more for lateral storm sewer in relation to owners on the Deerwood Drive road improvement area near Pilot Knob Road. Mr. Rosene explained that incidental drainage in the Deerwood Drive area amounted to $4,200 divided amongst the number of property owners would mean that the approximate amount of lateral assessment for storm drainage in the Deerwood Drive area was not much different than in the Lemay Lake area. No action was taken. THOMAS WAITE - LAKESIDE ESTATES The application of Thomas Waite for waiver of subdivision regulations to subdivide two lots into three lots consisting of Lots 12,13,14, Block 1, Lakeside Estates Addition was next presented. It was noted that the matter had been before the Council earlier and a determination was requested of the staff as to the number of lots that could be subdivided within the plat. A report from the City Engineer indicated that there would be forty-five potential lots. No one appeared on behalf of or in objection to the request for the subdivision. Smith moved and Egan seconded the motion, all members voted in favor, to approve the subdivision subject to easement vacations and with the understanding that there would be a maximum of 45 lots within the subdivision with the assessments to be split into 45 equal amounts. The assessments to be levied as results of the current improvements to be divided into 45 equal parts. R79-54 FOURTH OF JULY ASSOCIATION 3.2 BEER LICENSE A 3.2 beer license application on behalf of the Fourth of July Association - Eagan's Lions Club and Volunteer Fire Department was submitted for approval covering the Fourth of July celebration. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the application subject to ordinance requirements. H.R.A. DAKOTA COUNTY A letter was read by Mr. Hedges from the Dakota County H.R.A. Director indicating that there was a home improvement grant program in phase 4 for home improvements within the county provided that each city establishes a target plan. The City of Eagan is eligible for $5,445 for community low income population. Murphy moved and Wachter seconded the motion, all members voted in favor, to adopt a program and establish a target plan with a target area to encompass the entire City of Eagan and to execute any documents necessary to enter into the project. Council Minutes OC1.73 Page Twelve July 2, 1979 WESCOTT HILLS FOURTH ADDITION A request from Mr. Richard Heuer for a maximum extension of time for approval of the final plat of Wescott Hills Fourth Addition second phase was next reviewed. Smith moved and Egan seconded the motion, all members voted yea, to approve the extension up to one year. DAKOTA COUNTY LIBRARY SITE AGREEMENT Tom Hedges explained that he and the City Attorney met with the members of the negotiating team from Dakota County concerning the proposed library on the Eagan civic center site on Wescott Road. A second draft agreement prepared by the City Attorney was submitted and several issues were dis- cussed. The City Council determined that a leave covering five years would be granted to the County with an additional five acres required for development of the library; that surcharges and levies would be only those imposed by the City of Eagan and Dakota County be paid by the City; that the County maintain snow removal of the library walkways and the City would help out on emergency basis; that Wescott Road would be completed by the end of 1980 construction season, and there was concern that the County library not use an excessive amount of water for maintenance of the landscaping with the cost to be covered by the City. Smith moved and Egan seconded the motion, all members voted in favor, to approve the agreement with the foregoing revisions. D79-92 CONCERTS~ IN THE PARK Councilman Smith requested that the Park Director attempt to arrange for concernts in the park if possible for the summer of 1979, in addition, he asked that the City investigate the possibility of a City mulch site for the residents within the City. SPECIAL MEETING - JULY 10TH A special meeting of the City Council was scheduled for July 10 at 6 p.m. to interview finance director candidates for the City. Council Minutes OCI ?4 Page Thirteen July 2, 1979 VOUCHERS Egan moved and Wachter seconded the motion, all members voted in favor, to approve the following vouchers: 680- 700; 8407-8504; 12623-12705. ADJOURNMENT Parranto moved and Wachter seconded the motion, all members voted in favor, to adjourn at 1:30 a.m. Dated: July 2, 1979 PHH City Clerk