Loading...
08/21/1979 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 21, 1979 A regular meeting of the Eagan City Council was held on August 21, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Egan, Smith, Wachter and Parranto. Also present were City Administrator Hedges, City Public Works Director Colbert, Assistant City Engineer Gordon, and City Attorney Hauge. After the Pledge of Allegiance, the Councilmembers dis- cussed setting a time limit on meetings and possibly hold the balance of the items for special meeting. It was suggested that all presenting parties be fully prepared prior to the meeting in an attempt to complete all meetings by 12:00 p.m. AGENDA Smith moved and Wachter seconded the motion to approve the agenda as presented. All members voted in favor. MINUTES August 7, 1979 Regular Meeting Minutes. Egan moved and Wachter seconded the motion to approve the minutes subject to the following changes on page 5, it was noted relating to the Fish Lake storm sewer outlet project hearing that the DNR has set a normal high water level, but that no public hearing had been held; page 8, Murphy seconded the Windcrest Addition application; page 10 relating to Thomas Lake Heights Addition, Murphy voted no. All members voted in favor. July 24, 1979, City Council Minutes. Wachter moved and Parranto seconded the motion to approve the minutes with the exception that on page 2 there would be a change regarding the Advisory Planning Commission member resignation that there be no provision regarding a special advisory person to the APC. All members voted in favor. POLICE DEPARTMENT Chief Martin DesLauriers was present. 1. George Kasat was present and Chief DesLauriers explained the honors received by Mr. Kasat and his canine German Shepherd, Joe, who placed third in the obedience com- petition and fourth nationally in the overall competition. The City Council commended Mr. Kasat for his awards. City Council Minutes Page Two August 21, 1979 2. Squad Car Purchases. Chief DesLauriers submitted specifications for two new squad cars including the trade-in of a 1978 Ford LTD and a 1978 Chevrolet Nova. He recommended that bids be advertised and be opened on Monday, September 13, 1979, at 3 p.m. at the Eagan City Hall. There was considerable discussion concerning fuel economy and the purchase of a smaller diesel powered vehicle. After discussion, Wachter moved and Murphy seconded the motion to accept the recommendation of the Police Chief and advertise for bids as provided, including two trade-ins. For: Wachter and Murphy. Against: Smith, Parranto and Egan. Egan moved to accept the specifications for one standard automobile as recommended by the Police Chief and to resubmit new specifications and advertise for a second automobile to provide for a small diesel 8-cylinder engine of GMC product as close to the police package as possible with an alternate standard V-6 automobile. For: Smith, Egan and Parranto. Against: Wachter and Murphy. ST. JOHN NEUMANN LIQUOR AND BEER LICENSE AND GAMBLING LICENSE Mr. James Marshall appeared on behalf of St. John Neumann Catholic Church for 3.2 on-sale beer license for September 9th and for combination gambling license for the same day. There were no objections from the Police Department or staff members. Murphy moved and Smith seconded the motion to grant the two applications subject to ordinance compliance. All members voted in favor. HOUSING ALLOCATION PLAN HEARING Mayor Murphy then convened the public hearing regarding the housing allocation plan under the Uniform Municipal Planning Act and housing plan for the City. Notices had been published in the Dakota County Tribune. Mayor Murphy asked that the housing allocation plan hearing be continued because of oppo- sition that he had to government ownership and operation of additional residential homes. Mr. Paul Ekholm of Miller and Schroeder was present as were other people interested in the hearing. It was noted that the plan had been reviewed at the special comprehensive plan meeting on August 14th. Mr. Hedges re- viewed the progress to date regarding the housing allocation plan and stated that the Metro Council must approve the plan. It was suggested that the hearing on the plan be continued until October 2, 1979, to permit the Metro Council to review and comment on the plan. It was also suggested that the Finance Committee prepare a tax exempt mortgage financing program with the assistance of Miller and Schroeder and bring the proposal back to the Council. A suggested resolution was submitted by Mr. Hedges for approval by the Council. Smith moved and Parranto seconded the motion to adopt Resolution #79-57 and to City Council Minutes OC2 Page Three August 21, 1979 continue the hearing to October 2, 1979, to submit the housing plan to the Metro Council for review and comment and further that the staff, together with Miller and.Schroeder, prepare a tax exempt mortgage financing program to be submitted to the Council for final approval. For: Smith, Wachter, Egan and Parranto. Against: Murphy. R 79-57 D 79-106 THOMAS LAKE HEIGHTS ADDITION The application of Dunn and Curry Real Estate Management, Inc., for preliminary plat approval of Thomas Lake Heights Addition south of County Road #30 was next presented. Mr. Rod Hardy and Mr. Ed Dunn were present. It was noted that the matter had been continued from the August 7th Council meeting. Mr. Hardy stated that no variances are now required with 118 single family lots, a reduction of one. After review, Murphy moved and Smith seconded the motion to approve the preliminary plat subject to the Advisory Planning Commission recommendations and with the understanding that a PUD amendment will be submitted by the applicant for approval by the City Council regarding Blackhawk Park PUD. All members voted yes. D 79-107 ADVISORY PARK COMMITTEE AND ADVISORY PLANNING COMMISSION APPOINTMENTS Mr. Hedges then stated that a notice had been placed in the Dakota County Tribune that the City had an opening for the remainder of Mr. Hedtke's term on the Advisory Planning Commis- sion and for Mr. Lucke's term on the Advisory Park Committee. It was noted that four persons, Joe Polski, Ken Ketchum, Tom Gits and Doris Wilkins indicated interest for membership on the Planning Commission. Doris Wilkins was present as was Mr. Ketchum. On written ballot, Tom Gits received three votes and Doris Wilkins, two votes. Mr. Gits was appointed to the Planning Commission for the remainder of Mr. Hedtke's term. Mr. Ketchum and Mrs. Wilkins were asked whether either of them was interested in being nominated for the Park Committee and each of them declined to serving as a member of the Park Committee. Mr. Gits had served on the Park Committee and two openings appeared. Those interested in the Park Committee were Harriet Johnson, Ginger O'Neill and Mark Dandurand. Upon written ballot, Mark Dandurand and Ginger O'Neill were elected to the Park Committee to fill the respective terms. COUNTY ROAD #30 AND FRONTAGE ROAD STREET NAMES The City Council then considered new names for several roads in the City and decided on the following: City Council Minutes ~O G'1 Page Four August 21, 1979 Frontage Road A. Parranto moved and Murphy seconded the motion in favor of renaming Frontage Road A to Slater Road. All members voted in favor. Frontage Road B. Wachter moved and Egan seconded the motion in favor of renaming Frontage Road B to Kings Road as extended. All members voted in favor. County Road #30. Parranto moved and Murphy seconded the motion to rename County Road #30 to Wildwood Lane or in the alternate, Wildwood Road. All members voted in favor. DARYL BORNEMAN - EAGAN AUTOMOTIVE CENTER Mr. Borneman was presented on behalf of his former appli- cation for pylon sign conditional use permit for the Eagan Auto- motive Center on Highway #13. He asked for reconsideration of the denial of the application and indicated that the sign would be no higher than 27 feet from Highway #13 at its lowest point. After consideration and due to the fact that the sign located on Highway #13 would not conform with the intent of the 300 foot spacing requirement under Ordinance No. 16, Smith moved and Wachter seconded the motion to again refuse to reconsider and to deny the application which if approved would allow a pylon sign on nearly every commercial lot in the City contrary to Ordinance No. 16. All members voted in favor except Murphy who voted no. There was a question as to whether the former Country Kitchen sign conditional use permit has been abandoned and the City Attorney was requested to review the issue. CEDARVALE MR. STEAK CONDITIONAL USE PERMIT The application of Steven Parranto for conditional use permit for on-sale liquor at the current Cedarvale Mr. Steak was considered. Mr. Kraus and Mr. Parranto were present and in addition, Mark Parranto appeared for the applicants. The Advisory Planning Commission on July 31st recommended approval subject to certain conditions. Mr. Waldeland, the fee owner of the property, appeared and indicated that the applicants did not have an interest in the property. Mr. George Hoey, attorney, appeared for the applicants and indicated that the lease provides for any lawful purposes and that consent will be required from the land owner as to the lease. Smith moved and Egan seconded the motion to approve the application subject to there being no advertising to indicate that liquor is sold on the premises and that all applicable liquor license ordinance requirements be met; but that there be no requirement that no lounge be permitted on the premises. All members voted yea except Councilmember Parranto who did not vote on the application. City Council Minutes Page Five August 21, 1979 ARTHUR MULVIHILL CONDITIONAL USE PERMIT Mr. Arthur Mulvihill appeared on behalf of his application for conditional use permit for truck terminal on Lot 4, Block 1, Halley's First Addition in Section 36. The APC recommended approval subject to certain recommendations. Mr. Mulvihill was present and objected to the potential road restrictions during spring breakup but was told that this would be required on all rural type roads. Smith moved and Wacther seconded the motion to approve the application subject to the recom- mendations of the Advisory Planning Commission with the understanding that a $2,000 landscape bond be posted. All members voted in favor. U.S. HOMES - ORRIN THOMPSON - JOHNNY CAKE RIDGE ADDITION Mr. Orrin Thompson and Mr. Chuck Winden, surveyor, appeared on behalf of the application of U.S. Homes for preliminary plat approval of Johnny Cake Ridge Addition and rezoning from Agri- cultural to R-l, Residential consisting of 38 acres and R-3, Townhouse Residential consisting of 42 acres. Mr. Winden and Mr. Thompson explained the proposal including 5.4 acres for park and trail. They indicated that no variances would be re- quired with the exception that one cul-de-sac exceeds the minimum requirement. The staff expressed concern regarding cul-de-sacs including the number of cul-de-sacs now being proposed due to the maintenance problems for snow removal, police patroling and through traffic circulation in particular. After considerable discussion, Wachter moved and Smith seconded the motion to approve the application subject to the Planning Commission recommendations with the recommendation that the holding pond be kept as high as practical for water retainage and that the two cul-de-sacs on the west be connected because of maintenance problems. For: Egan, Parranto, Smith and Wachter. Against: Murphy. Mr. Thompson strongly recommended that the two cul-de-sacs be permitted on the west to permit a more aesthetically pleasing enviroment for the townhomes. After discussion, Wachter moved to reconsider the motion regarding the cul-de-sacs. There was no second and the motion for reconsideration died. Egan moved and Wachter seconded the motion to rezone the property pursuant to the application for Johnny Cake Ridge Addition subject to all ordinances and APC recommendations. All members voted in favor. D 79-108 R 79-58 City Council Minutes Page Six 0 211 August 21, 1979 JOHNNY CAKE RIDGE ADDITION FEASIBILITY REPORT The City Council received a feasibility report request for U.S. Homes Corporation and upon motion by Wachter and seconded by Smith, it was RESOLVED that the request be accepted and that the City Engineer be directed to prepare a feasibility report for public improvements as requested. All members voted yea. FIRST MINNEHAHA FINAL PLAT Mr. Hedges stated that because of the fact that all of the requirements have not been fully met, he recommended a continuance of the consideration for final plat approval for First Minnehaha National Bank Addition. However, the request from Mr. Ken Appelbaum for feasibility report for utilities and street improvements was discussed. Smith moved and Parranto seconded the motion to accept the petition and order the Consulting Engineer to prepare a feasibility report and to accept Mr. Appelbaum's request to waive the right of public hearing. All members voted in favor. EAGANDALE CENTER INDUSTRIAL PARK NO. 5 FINAL PLAT Mr. Hedges further stated that all requirements have not been met and recommended a continuance. SUNSET ADDITION FINAL PLAT Mr. Hedges recommended continuance of the consideration of the final plat of Sunset Addition. WINDTREE ADDITION FEASIBILITY REQUEST The request of Niakwa, Inc., for feasibility study for Windtree study for Windtree Addition improvements was next re- viewed. Upon motion by Parranto and seconded by Egan, it was RESOLVED that the petition be accepted and that the City Engineer be directed to prepare a feasibility study to be returned to the Council for final approval and the setting of a public hearing. All members voted yea. WINDCREST ADDITION PLAT Mr. James Hill, consulting engineer, was present and requested direction as to several new schemes for Windcrest. The Council permitted Mr. Hill to briefly portray three new schemes providing for changes in road alignments, cul-de-sacs, and accesses to collector streets. Comments were made by the Council and no action was taken. City Council Minutes 21.2 Page Seven August 21, 1979 IMPROVEMENT PROJECT #79-15 - CONTRACT The contract between the City of Eagan and Minnesota Valley Surfacing, Inc., for street improvements to Vienna Woods consist- ing of Improvement #79-15 was submitted for approval. Egan moved and Wachter seconded the motion to approve and authorize the execution of the contract. All members voted in favor. PROJECT #245 - RIVER HILLS STREET LIGHTING PROJECT It was noted that the River Hills 9th Addition street lighting project has now been completed by Dakota Electric and individual owners will assume installation costs through special assessments not to exceed five years. Upon motion by Smith and seconded by Parranto, it was RESOLVED that project #245 be accepted for perpetual maintenance and that an assess- ment hearing be scheduled for September 18, 1979, at 7:00 p.m. at the City Hall to consider the assessments. All members voted yes. DREXEL HEIGHTS ADDITION EMERGENCY SANITARY SEWER REPAIR Mr. Colbert, the City Public Works Director, indicated that quotes had been solicited from three area contractors on a time and material basis for corrective sanitary sewer work in the Drexel Heights Addition. It was noted that the Council acted on its emergency powers under the Minnesota Statutes to acquire quotations and the low quote was from Fredrickson Excavating, Inc., in the sum of $1,552 per day. Two other quotations were also received. Smith moved and Wachter seconded the motion to proceed with the award of the contract to Fredrickson Excavating, Inc., on the basis of the above information and the recommendation of the Public Works Director. All members voted in favor. IMPROVEMENT PROJECT #79-16 - MISCELLANEOUS STREET IMPROVEMENTS Plans and specifications for Improvement Project #79-16 consisting of miscellaneous street improvements including Projects #247, #248, and #249 were submitted. Upon motion by Wachter and seconded by Egan, it was RESOLVED that the plans and specifi- cations be approved and accepted and that the Clerk be authorized to advertise for bids to be opened on September 13, 1979 at 3 p.m. at Eagan City Hall. All members voted yes. IMPROVEMENT PROJECT #79-19 - MISCELLANEOUS STREET IMPROVEMENTS The plans and specifications for Improvement Project #79-19 consisting of Projects #255, #265, and #272 were next submitted to the Council. Smith moved and Egan seconded the motion to accept the plans and specifications and to authorize the Clerk to advertise for bids to be opened at City Hall at 3 p.m.. on September 13, 1979. All members voted in favor except Parranto who abstained. City Council Minutes 00213 Page Eight August 21, 1979 LONE OAK TREE The City Tree Inspector, Tom Schuster, expressed his concern regarding the Lone Oak Tree located at Trunk Highway #55 and Lone Oak Road. He indicated that several things could be done to enhance the health and appearance of the tree including ferti- lizing, flushing the tree in the spring, washing salt off and pruning. The staff was requested to proceed immediately to take necessary steps to care for the Lone Oak Tree. 1978 AUDIT REPORT The City Administrator reported regarding the 1978 audit report and indicated that the Finance Committee had reviewed it in detail. Parranto moved and Smith seconded the motion to accept the report as recommended by the Finance Committee which indicated that the City has approximately $25 million in current assets and $16 million in fixed assets at installation cost. All members voted in favor. D 79-109 LETTERS OF THANKS Councilmember Wachter asked that a letter of thanks be sent to Sven Borgersen for his engineering work on the fire halls and to Paul H. Hauge and Associates for their fee schedule revision for the recent utility bond project. In addition, he recommended additional directional signs for the Minnesota Zoo be installed at the discretion of the Public Works Director. UNIVAC EDUCATORS TEMPORARY 3.2 BEER PERMIT The application of Dennis C. Severson for Univac Educators for 3.2 temporary beer permit was submitted. Upon motion by Parranto and seconded by Egan, the application was approved. All members voted yes. COOPERATIVE POWER ASSOCIATION LEASE - FIRE HALL #3 The agreement with Cooperative Power Association covering the lease for Eagan Fire Hall #3 was reviewed by the City Administrator. Smith moved and Egan seconded the motion, to authorize the execution of the contract and to forward a letter of thanks to C.P.A. for being so cooperative in providing the lease for the fire hall location. All members voted yes. Councilmember Wachter was excused from the meeting at this point. D 79-110 0C2_14 City Council Minutes Page Nine August 21, 1979 BONESTROO, ROSENE & ANDERLIK PARK CONTRIBUTION Smith moved and Parranto seconded the motion to accept the contribution of $250 from Bonestroo, Rosene, Anderlik & Associates for park playground equipment and to forward a letter of thanks to the firm. All members voted yes. GOPHER-EAGAN FINAL PLAT NO. 2 The City Administrator recommended approval of the final plat with minor changes. Smith moved and Egan seconded the motion to approve the final plat of Gopher-Eagan Second Addition subject to completing of the development agreement. All members voted in favor. D 79-111 R 79-59 D.C.R. COMPANY - CEDARVALE BOWL A letter from Attorney David Grannis on behalf of the developers of the Cedarvale Bowl indicating that the liability coverage including public liquor liability could not be acquired naming the City as an additional insured and asked for a waiver of the requirement or for extension of time to complete the requirements but to approve the issuance of the license,so that the Cedarvale Bowl could open shortly. Parranto moved and Egan seconded the motion to approve the issuance of the liquor license with the understanding, however, that the liability insurance issue naming Eagan as additional insurer will be determined within 30 days. All members voted in favor. NU-WAY BUILDERS VS. THE CITY OF EAGAN AND WILMUS PROPERTIES The City Attorney updated the Council concerning the Nu-Way Builders action against Wilmus Properties and the City of Eagan regarding Mallard Park First Addition. He indicated that a trial date is now scheduled for September 12th and that a proposal for settlement by Nu-Way Builders whereby the City would allow duplex development in the subdivision in return for dropping the lawsuit was proposed. Councilmembers indicated that when Mr. Wilmus developed the land, he indicated that it would be used for single family purposes and that the Council should not settle on the terms that were proposed. I.D.R. BONDING - SENATOR JOHN CHENOWETH A letter from Senator John Chenoweth requesting information for survey purporses regarding I.D.R. bonding in the City of Eagan was discussed by Mr. Hedges. The Administrator was authorized to prepare an appropriate response by letter to Senator Chenoweth. City Council Minutes M211 5 Page Ten August 21, 1979 ASSESSMENT HEARINGS The Public Works Director recommended the following assessment hearings be scheduled for 7 p.m. on September 18, 1979, at the City Hall: Project #221 - Duckwood Estates Utilities. Project #220 - Reid sanitary sewer. Project #228 - Oak Chase 4th Addition utilities. Project #231 - Rustic Hills Addition utilities. Project #227 - St. Francis Woods Addition utilities. Project #232 - SuperAmerica Utilities. Project #249 - Cameron Addition utilities. Project #253 - Michael Sill Addition utilities. Project #235 - Clearview Addition utilities. Project #244 - Durning Addition utilities. Project #226 - R.L. Johnson Addition trunk storm sewer. Project #228 - Oak Chase 4th Addition streets. Project #231 - Rustic Hills Addition streets. Project #242 - 81st Street. Project #217 - Hilltop Estates (Eagan Hills North) streets. Project #245 - River Hills 9th Addition street lighting. Upon motion by Smith and seconded by Egan, it was RESOLVED that the foregoing assessment hearings be scheduled as recommended and that notices be published and mailed. All members voted in favor. PROJECT #224 - CHANGE ORDER #2 The Public Works Director recommended approval of Change Order #2 for Project #224 consisting of Ches Mar Drive storm sewer improvements near the Jarvi and Ocell property. Parranto moved and Smith seconded the motion to approve the change order. All members voted in favor. PROJECT #237 - CHANGE ORDER #1 The Public Works Director then recommended the approval of Change Order #1 for Duckwood Drive and Denmark Avenue street improvements as authorized by the City Council. The plans were submitted and upon motion by Smith and seconded by Egan, it was RESOLVED that the plans be approved and that the change order be authorized as recommended with the understanding that if the entire road is not installed, the entire project cannot be installed; that the partial sufacing project will be installed in 1979. All members voted yea. City Council Minutes OC I G Page Eleven August 21, 1979 FEASIBILITY REPORTS The following feasibility reports were submitted and recommended for public hearings to be scheduled for September 18, 1979, at 7 p.m. at the Eagan City Hall: Project #199 Revised - Quarry Lane street improvements. Project #281 - Clearview Addition street improvements. Project #274 - Silver Bell Road relocation street improvement. Project #275 - Frontage Road A and James Street improvement. Egan moved and Parranto seconded the motion to accept the reports and schedule the public hearings as recommended. All members voted in favor. STOP SIGN - CARNELIAN LANE AND FLINT LANE A petition from residents to the City Council requesting stop signs in an east-west direction at Carnelian and Flint Lane rather than the present location of the signs in a north-south direction at the same intersection was presented. Upon motion by Smith and seconded by Egan, it was RESOLVED that the request be honored and that the Public Works Director arrange for relocation of the sign as requested. All members voted in favor. VOUCHERS Egan moved and Parranto seconded the motion to approve the following vouchers: 739-762; 8693-8790; 12975-13110. All members voted in favor. ADJOURNMENT Upon motion by Murphy and seconded by Parranto, it was RESOLVED that the meeting adjourn at 11:15 p.m. All members voted yea. Dated: August 21, 1979 PHH