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07/17/1979 - City Council Regular OCj 7G MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 17, 1979 A regular meeting of the Eagan City Council was held on July 17, 1979, at the Eagan City Hall. Those present were: Mayor Murphy, Councilmembers Wachter, Parranto, Egan and Smith. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Parranto moved and Egan seconded the motion, all members voted in favor, to approve the agenda with the addition of DuWayne North concerning the moving of a residential home in Meadowlands Addition. MINUTES The following changes in the minutes of July 2nd were discussed: Daryl Borneman - pylon sign at Page 6, the motion that the elevation of Highway #13 at that location rather than depth should be used; Donald Stricker at Page 8, rather than 12 newly created lots relating to Donald Stricker it should be two newly created lots and it was understood that a 30 foot half right of way has been acquired from the applicant on Wescott Hills Drive. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the minutes of the July 2, 1979 Council meeting as corrected. FIRE DEPARTMENT 1. Fire Hall Improvements. City Administrator Hedges introduced the topic and explained the Public Works Committee's findings regarding four alternates for the construction of the improvement to Fire Hall #1 and the construction of Fire Hall #3 that had been studied by the Committee and the V.F.D. Building Committee. It was noted that about $18,000 in additional funds would be needed under the proposed alternate. There was discussion regarding whether to shift from bond funds to other sources to purchase certain fire equipment. After considerable discussion, Smith moved and Wachter seconded the motion to proceed with the project including the award of the contract and to acquire the additional proceeds needed for two possible sources including equipment certificates for the fire equipment or in the alternate, revenue sharing funds if federal revenue sharing continues to distribute funds to municipalities. It was noted that it was important to determine the source of funds and there were objections from the floor regarding what appeared to be a difference between the estimated cost and the final low bid for the construction improvements. Mayor Murphy indicated that he would reluctantly Council Minutes Page Two 00177 July 17, 1979 vote no because of the differential between the amount certified by the architect for the bond referendum and the low bid. It was suggested that in the event of a new election or vote on the bond issue, that the cost would increase substantially. Those in favor were: Smith, Parranto, Egan and Wachter. Those against were: Murphy. 2. Equipment Purchase. Fire Chief Childers was present and recommended that the Council proceed with the award of the low bid on the purchase of the equipment according to the list of low bidders attached to these minutes. Wachter moved and Parranto seconded the motion, all members voted in favor, to proceed with the purchase of the equipment as follows: pumper vehicle, a rescue truck, 6 bottle cascade, miscellaneous hand tools, office equipment, 20 sets of turn out gear, 60 pagers, a base radio, 2 mobile units, 1 portable, 2 survive air units and hose, and physical fitness equipment. 3. Mayor Murphy moved that the City Attorney be directed to review the possibility of recovering the losses to the City because of the alleged errors in estimating the cost of the construction of Fire Hall #1 and Fire Hall #3. There was no second and the motion died. POLICE DEPARTMENT Police Chief DesLauriers was present. 1. Mr. DesLauriers requested that he be authorized to screen applicants for two cadets noting that two present cadets had resigned including Paul Schneider and John Ojala. Smith moved and Parranto seconded the motion, all members voted in favor to approve the recommendation. PARK DEPARTMENT Park Director Barbara Schmidt was present. 1. Windtree Addition. Mrs. Schmidt noted that the Councilmembers had a concern regarding a number of ponds and pro- posed park land dedication in Windtree Addition and the steep grades and also the need for flat land. The Park Committee had again voted in favor of the park land dedication in lieu of cash indicating that there is active park land existing in that residential area, that Gopher Eagan park land can be made useable for flat active park purposes, the isolation of the residential area requires park land development and that active park land can be developed in the future. Certain Councilmembers were concerned about acquiring enough useable flat land at the present time to make certain that there would be sufficient flat open space. Smith moved to accept the recommendation of the Park Council Minutes 0GI-78 Page Three July 17, 1979 Committee and Wachter seconded the motion, subject, however, to the City acquiring the proposed park land in the Gopher Eagan PUD development to the north at the present time prior to the actual filing of the final plat for Windtree Addition with the understanding that in the event of any changes in the Gopher Eagan PUD that such changes must conform with the park dedication requirements of the City in existence at the time of the change in the PUD to make certain that the PUD park dedication require- ments are fulfilled. All members voted in favor. 1-494 - PILOT KNOB ROAD Public Works Director Colbert reviewed the proposed construction of 1-494 from Bloomington to Highway #55. He also discussed the timing of the County's completion of Pilot Knob Road south of 1-494 and there were concerns whether Pilot Knob Road would be updated by the completion of the Pilot Knob Road and 1-494 intersection. Mr. Colbert recommended that the inter- section be approved and the opening be conditioned upon the comple- tion of the north 2 miles of Pilot Knob Road. Mr. John Klein appeared and spoke in favor of the intersection and others, Sven Borgersen, also appeared to discuss the issue. After considerable discussion, Wachter moved and Parranto seconded the motion that the City Council be on record recommending to the Minnesota Department of Transportation that it proceed with the I-494 interchange at Pilot Knob Road but that the interchange not be opened for traffic until at least one Cedar Avenue bridge is opened to Highway #13, until the north 2 miles of Pilot Knob Road are improved and also contingent upon the temporary opening of 1-494 at Highway #55. All members voted in favor. MAKIN' MAGIC ORDINANCE NO. 71 Mayor Murphy then explained that the City Council would consider the adoption of Ordinance No. 71 controlling paraphernalia shops in the City. Mr.-Hedges gave a brief resume of the back- ground of the ordinance and the concern about the Makin' Magic Shop on Cedar Avenue and City Attorney Paul Hauge and Assistant City Attorney Brad Smith reviewed the ordinance in detail. A large number of interested persons together with Robin Gieger and in addition to Mr. Gieger's attorney, Greg Rothnem, were present. It was noted that the City Council had given direction to the City Attorney to prepare an ordinance and it was noted that the ordinance was intended to control drug related devices and that definitions had been prepared in detail. There was also discussion concerning the picketing that is taking place around the Makin' Magic Shop and it was proposed that the Minnesota Legislature review as soon as possible and adopt legislation for control of such paraphernalia. Representative Ray Kempe was also Council Minutes 010j_79 Page Four July 17, 1979 present. Mr. Rothnem appeared and requested that the City not enforce the ordinance until a court test is brought in the Federal District Court in St. Paul to determine the validity of the ordinance. Smith moved and Murphy seconded the motion to adopt the Ordinance No. 71 subject to review and final draft approval by the staff and City Attorney. All members voted in favor. SEE ORDINANCE BOOK CHES MAR DRIVE STORM SEWER Public Works Director Colbert examined the drainage problem for Ches Mar Second, Third and Fourth Additions and more specifically the Guy Jarvi and Thomas Ocell properties. During the past twelve to eighteen months, the Jarvis and Ocells have been experiencing drainage problems from several heavy rainfalls and the City has attempted various modifications of the existing storm sewer system hoping to correct the problems. The Ocells have commenced a legal action against the City for alleged damages and the Consulting Engineer and Public Works Director have reviewed various alternatives to attempt to alleviate the problem. The City Council reviewed three alternates prepared by Mr. Colbert in his memo dated July 13, 1979, including financing alternatives. Mr. Jarvi was present and it was suggested that a decision be made as quickly as possible to attempt to find a solution. Councilmember Smith recommended that the staff negotiate with the property owners and the developer, Gabbert Development Company, and come back to the Council with the most acceptable solution including the proposed method of financing. The matter was continued to the next meeting. CITY ICE ARENA PROPOSAL Mr. Mike Gresser appeared together with Bill Roe of Operating Management Company to discuss a proposal to build an ice arena in the City. Also present were a number of interested residents. The expected cost would be $1.2 million dollars with a lease proposal of $140,000 to $170,000 per year for the building. It was noted that about 200 to 300 property owners have shown an interest in an ice arena. The term of the proposed triple net type lease would be for 20 years with a purchase option at the end of the 20 years. It was suggested that Eagan land be used for private construction and leased to the City. There was also a suggestion for a bond referendum with many people present speaking in favor of an ice arena. There was also a suggestion that an Ad Hoc Committee be organized to review the proposal including financings and the possibility of relating the arena with one or more school districts. Because of numerous questions by Councilmembers, the staff was requested to meet with interested persons and to acquire additional information and submit the infor- mation to the Council at a later meeting. Council Minutes ~~,Q Page Five July 17, 1979 ENGLERT ROAD IMPROVEMENTS A petition was presented through the Public Works Director from ten property owners for improvement of Englert Road leading to the Blackhawk Hills Addition. It was suggested that the road not be improved to City standards because of future I-35E crossing. Mr. Harry Linden of 1640 Blackhawk Hills Drive appeared as did several other interested neighboring owners. After discussion, Smith moved and Egan seconded the motion, all members voted in favor, to direct the City Engineer to prepare a preliminary report for improvements. DUWAYNE NORTH BUILDING PERMIT Mr. DuWayne North appeared on behalf of his request for a building permit to move the Christ Lutheran Church parsonage on County Road #30 to Meadowlands Addition. After discussion, Wachter moved and Egan seconded the motion, all members voted in favor, to approve the building permit. ALAN HOLMSTEN VARIANCE - MEADOWLANDS ADDITION Mr. Alan Holmsten appeared on behalf of his application for a two foot variance from sideyard setback for Lot 16, Block 1, Meadowlands First Addition to change the direction of the pro- posed house on the lot. The Planning Commission recommended approval according to certain conditions. It was noted the lots are smaller than City requirement to permit smaller houses in the subdivision and certain Councilmembers indicated they did not feel it was a hardship. There was concern about setting a precedent for variances without strong hardship. Mr. Holmsten indicated he had signed the contract for construction. Wachter moved and Egan seconded the motion to approve the variance according to the recommendation of the Planning Commission with the understanding that hardship does exist. Those in favor were: Egan, Wachter, and Murphy. Those against were: Smith and Parranto. OWEN PERRON SPECIAL PERMIT Mr. Owen Perron and Dyonne Kraft appeared on behalf of their request for a special permit to keep five dogs on an approximately 20 acre parcel south of Yankee Doodle Road and west of Pilot Knob Road. It was noted that I-35E will eventually cause a relocation. There were no objections from neighbors. Upon motion by Smith and seconded by Wachter, all members voted in favor, it was RESOLVED that the application be approved with a maximum of five dogs for a one year period. Council Minutes Page Six July 17, 1979 GOPHER EAGAN SECOND AND THIRD ADDITIONS The next matter concerned the application of Gopher Smelting Company for preliminary plat site plan approval of Gopher Eagan Industrial Park Nos. 2 and 3. Gopher Eagan Third Addition is a replat of Lots 12 to 16, Gopher Eagan Industrial Park First Addition. The APC recommended approval subject to certain conditions for both the Second and Third Additions. After dis- cussion, Wachter moved and Egan seconded the motion, all members voted in favor, to approve the preliminary plat site plan approval subject to the Planning Commission contingencies. D 79-93 RAUENHORST CORPORATION - EAGANDALE CENTER INDUSTRIAL PARK NUMBER FIVE Michele Foster appeared on behalf of the application of Rauenhorst Corporation to replat Lots 29 through 32, Block 4, Eagandale Center Industrial Park into one lot and renamed the plat Eagandale Center Industrial Park Number Five. It was noted that the Red Owl warehouse had requested a lot coverage variance and rear yard setback variance in January of 1979. The APC denied both applications. The Eagan City Council approved the lot coverage variance with certain conditions, including the requirement for platting the property into one lot. The APC recommended approval subject to certain contingencies. Parranto moved and Wachter seconded the motion to approve the application subject to the APC conditions. All members voted yes except Egan who voted no. I-35E COORDINATING COMMITTEE REPORT Galeb Abdulrahman of the Metro Council and a consulting engineer appeared on behalf of the Metro Council and discussed with the City Council the I-35E Coordinating Committee Report consisting of the five mile segment of I-35E between the Lexington Bridge and downtown St. Paul. It was noted that the 1975 State Legisla- ture placed a moratorium on construction of any more than a four- lane limited access parkway in the Pleasant Avenue corridor and directed Mn/DOT to prepare several reports. The 1978 Legislature directed the Metro Council to prepare an EIS analyzing all options in the corridor Barton-Aschman Associates, Inc., has been hired to make a study of the I-35E variation of alignment and representatives present indicated that about a one year period will be required to finish the draft EIS. Information from the various municipalities is being solicited and thus the reason for the appearance. There were questions from the Council, but no action was taken. Council Minutes Page Seven OG S2 July 17, 1979 BRITTANY ADDITION Mr. Carl Tollefson and Mr. Rich Dahm appeared on behalf of the application of Tollefson Buildings, Inc., requesting the Council to reconsider its determination that advertising of Brittany as Brittany Estates is misleading because the property is not zoned Estate. Mr. Tollefson indicated the cost to change the advertising material would be burdensome, but it was noted that both the Council and Planning Commission have been consistent in denying the use of the word "Estates".in any plat that is not zoned for Estate zoning. Councilmembers were not favorable to the request and no action was taken. ON-SALE BEER - UNIVAC PROPERTY The application of Mrs. James Galarowicz requesting 3.2 on-sale beer license for the Sweat Sox's softball team for July 28th through the 29th at Univac Field was next considered. There was no objection from the Police Department. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the application. PROJECT #79-15 - VIENNA WOODS Mr. Colbert stated that bids have been received for the Vienna Woods street improvements #79-15, Project #259, with the low bid being Minnesota Valley Surfacing Company in the sum of $229,659. The Public Works Director recommended approval of the low bid. Parranto moved and Wachter seconded the motion, all members voted yes, to approve the contract with Minnesota Valley Surfacing Company. SOUTH DELAWARE HILLS Mark Parranto appeared and requested permission from the Council for extension of time for the approval of the final plat of South Delaware Hills south of Highway #55 with the understanding that only minor changes are being made in the plat. It was noted that the Planning Commission will review the application on July 31st and stated that the hardship is that the final plat must be completed by September 1st to avoid bank foreclosure on the property. After discussion, Wachter moved and Smith seconded the motion to approve the extension of time for an additional six months for the preliminary plat. All members voted in favor except Parranto who abstained. AMES CONSTRUCTION COMPANY AGREEMENT The agreement between the City of Eagan and Ames Construction Company concerning the hauling of fly ash from the NSP Blackdog Plant to the new Highway #13 construction site near Cedar Avenue was submitted by the City Attorney. It was noted that the Ames Council Minutes Page Eight July 17,1979 Construction officials had signed the agreement but that certain requirements in the agreement had not been fulfilled. Wachter moved and Egan seconded the motion to approve the agreement subject to the completion of all necessary requirements. All members voted in favor except Smith who voted no. D 79-94 LIBRARY AGREEMENT City Administrator Hedges reviewed with the Council the revised provision to the library site agreement on the Eagan Civic Center Site and recommended approval. It was noted that the County Board had approved the agreement on July 17th. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the agreement and authorize its execution. QUIT CLAIM DEED - ELRENE ROAD The City Attorney submitted a proposed quit claim deed approving the release of a temporary easement on the Braun property on Elrene Road concerning an acquisition of an easement for the road in approximately 1972. He recommended approval. Smith moved and Egan seconded the motion, all members voted in favor, to approve the easement and to authorize its execution. PROJECT #241 - CONTRACT APPROVAL The contract between Encon Utilities, Inc., and the City of Eagan regarding Project #241 concerning the Lakeside Estates and Dodd Road area utility improvements was submitted for approval. Egan moved and Wachter seconded the motion, all members voted in favor, to approve and order its signing by the appropriate officials. DEVELOPMENT BOND RELEASES Building Inspector Dale Peterson recommended release of the $2,000 bond for Highsite Inc., including grading and land restoration and $8,400 excavation bond for Norman Vogelpohl in Section 18. Egan moved and Smith seconded the motion, all members voted in favor, to approve the bond releases. CETA STAFF POSITION Mr. Hedges stated that an application through the Dakota County CETA office had been submitted for a staff artist position for ones,year and that it had been approved by the County. The City Administrator's office will seek applications for the position. 'C1.84 Council Minutes Page Nine July 17, 1979 FOURTH OF JULY FIREWORKS Councilmember Smith stated that there had been complaints concerning fireworks debris dropping on houses on Sandstone Drive and recommended that more policing be made in the future concerning the fireworks at the Fourth of July festivities. TRAFFIC DETOUR - RAHN ROAD AND COUNTY ROAD #30 After discussion concerning the detour of traffic to Cliff Road on Cedar, Wachter moved and Egan seconded the motion, all members voted in favor, to request a four-way stop at County Road #30 and Rahn Road due to the detouring of traffic to Cliff Road on Cedar Avenue and then to Rahn Road north to County Road #30 during road construction in the area. HIGHWAY #13 RENAMING City Administrator Hedges stated that several roads are being requested to be renamed by Mn/DOT including new Highway #13, two frontage roads along Cedar Avenue and County Road #30. It was requested that the City staff solicit names and return to the Council with recommendation. CEDAR ELEMENTARY SCHOOL - DIAMOND DRIVE PARKING A petition from all owners for no parking signs on the west side of Diamond Drive was considered by the Council. Smith moved and Egan seconded the motion, all members voted in favor, to request that "No Parking" signs be installed at that location to be effective 7 days a week from 3 p.m. to 9 p.m. All members voted yes. FINAL PAYMENT FOR IMPROVEMENT PROJECTS The following final payments for improvement projects were submitted for approval: Project #193 - water booster station, and Project #193 - pumphouse #5. Egan moved and Parranto seconded the motion, all members voted in favor, to accept the completion of the projects and authorize final payments. SPECIAL MEETING - JULY 24TH A special meeting of the City Council will be held on July 24, 1979, at 9 p.m. to interview candidates for Finance Director. VOUCHERS Upon motion duly made by Egan and seconded by Wachter, all members voting yes, it was RESOLVED that the following vouchers be ordered paid: 701-727; 8505-8602; 17906-12857. 001.85 Council Minutes Page Ten July 17, 1979 ADJOURNMENT Upon motion duly made and seconded, with all members voting in favor, the meeting adjourned at 1:15 a.m. Dated: July 17, 1979 PHH City Clerk