Loading...
09/18/1979 - City Council Regular 0Q, MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 18, 1979 A regular meeting of the Eagan City Council was held on September 18, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Wachter, Smith, Egan and Parranto. Also present were City Administrator Hedges, City Engineer Rosene, City Public Works Director Colbert, and City Attorney Hauge. AGENDA Parranto moved and Wachter seconded the motion to approve the agenda as distributed with the change of location on the agenda of Mrs. Bassett's application for rezoning. All members voted in favor. MINUTES Smith moved and Wachter seconded the motion to approve the minutes of the September 4, 1979, regular Council meeting with the exception on Page 8 that Project #277 consisted of Deerwood Drive only and on Page 9, that the surplus is $420,000. All members voted in favor. POLICE DEPARTMENT Assistant Chief Jay Berthe was present. 1. 1979 Model Police Patrol Car. Mr. Berthe reviewed the quotations for the 1979 model police patrol car and recommended the award of the low quote of Trail Dodge for $5,051.40. Parranto moved and Wachter seconded the motion with all members voting in favor to approve. 2. 1980 Model Police Patrol Car. Smith moved and Egan seconded the motion to approve the recommendation made by the Police Department for the award of the low quote of Midway Ford for a 1980 LTD.s for $ 5,096.00 including a trade-in of a 1971 LTD II. All members voted in favor. 3. 1978 Nova Squad Car Sale. Parranto moved and Smith seconded the motion to approve the sale of the 1978 Nova squad car that was damaged in an accident to Bill's Auto Body in Rosemount at the high quote of $1,500.00. All members voted yea. 4. Animal Warden. Kathy Gilbertson, the Eagan Animal Warden, appeared and asked that the Council consider again her request for additional compensation primarily due to the increased cost of transportation including liability insurance. The City Administrator reviewed with the Council several alternatives including the acquisition of a vehicle by the City for the Animal Warden's use, the use of an existing vehicle and an increase in compensation to 00231 City Council Minutes September 18, 1979 Page Two the Animal Warden for the use of her vehicle. After discussion, Wachter moved and Egan seconded the motion to authorize the City Administrator to proceed to acquire a pickup truck for the Animal Warden from existing City vehicles if possible with further understanding that the compensation for the Warden will be $4.25 per hour and the City will provide the vehicle expense and vehicle. All members voted in favor. PARK DEPARTMENT Park Director Barbara Schmidt was present. 1. Dump Truck and Box. It was noted that an error in specifi- cations for the purchase of the dump truck and box had been discovered and the Park Director recommended that the bids be rejected. Wachter moved and Egan seconded the motion to reject the bids and that the City Clerk be authorized to readvertise for bids for a dump truck and box to be opened on Monday, October 1, 1979, at 2 p.m. All members voted in favor. 2. Coachman Oaks Park. City Attorney Hauge and City Adminis- trator Hedges reported concerning the proposed purchase of 6/ acres of land on Coachman Road from Rosewood Corporation for park purposes. It was noted that the State Planning Agency indicated that a change in the appraisal after it was accepted by Lawcon probably would result in loss of funding and the Park Director recommended that the City Council proceed to make an offer to the Rosewood Corporation at the appraised value. Parranto moved and Wachter seconded the motion to authorize the purchase of 6/ acres according to the appraised value and further that the City staff be authorized to negotiate the purchase of an additional 12 adjacent acres at a reasonable price from Rosewood Corporation. All members voted in favor. ASSESSMENT HEARINGS The Mayor then convened the following assessment hearings and the City Administrator reviewed each of them briefly. He asked whether there were any interested parties in any of the hearings which notices had been published and mailed to affected property owners: 1. Improvement Project #217 - Hilltop Estates street improvements. 2. Improvement Project #221 (#221-A) - Duckwood Estates utility improvements. 3. Improvement Project #226 (#227-7'A) - R.L. Johnson First Addition storm sewer improvements. 00232 City Council Minutes September 18, 1979 Page Three 4. Improvement Project #227 (#227-A) - St. Francis Woods Addition utility improvements. 5. Improvement Project #228 (#227-A) - Oak Chase Fourth Addition utility improvements. 6. Project #228 (#231-A)- Oak Chase Addition street improve- ments. 7. Improvement Project #231 (#221-B) - Rustic Hills Addition street improvements. 8. Improvement Project #231 (#227-A) - Rustic Hills Addition utility improvements. 9. Improvement Project #232 (#232-A) - SuperAmerica and Section 19 utility improvements. 10. Improvement Project #242 (#231-A) - 81st Street street improvements. 11. Improvement Project #245 - River Hills Ninth Addition street lighting. 12. Improvement Project #249 (#232-A) - Cameron Addition utility improvements. 13. Improvement Project #253 (#232-A) - Section 19 (Michael Sill Addition) utility improvements. 14. Improvement Project #220 (#221-A) - Section 16 Reid Property sanitary sewer lateral. 15. Improvement Project #244 (#232-A) - Durning Addition utility improvements. 16. Improvement Project #256 (#232-A) - J.I. Case water maintenance improvements. There were no objections to those assessments and the City Administrator recommended approval of all of the assessment rolls noted above. There was discussion concerning the drainage in the Rustic Hills area and whether the development escrow had been re- leased on the subdivision. Smith moved and Parranto seconded the motion to direct the staff to determine the most feasible method of correcting the drainage problem from Rustic Hills and proceed to implement the procedure at the earliest possible time. All members voted in favor. 00233 City Council Minutes September 18, 1979 Page Four Smith then moved and Egan seconded the motion to close the hearings, to approve the assessment rolls, and to authorize the City Clerk to certify the foregoing rolls to the County Auditor. All members voted in favor. IMPROVEMENT PROJECT #235-CLEARVIEW ADDITION UTILITY ASSESSMENTS The Mayor then convened the Project #235 assessment hearing and it was reviewed by the City Administrator. Some residents in the Clearview Addition appeared and had objections to the street restoration and requested damages be paid by the contractor in certain cases. Others objected to the lack of cooperation by the contractor in the project. Wachter moved that the assessment hearing be closed but that it not be approved until all claims are settled and that the project is complete. Egan seconded the motion. Mr. Colbert recommended that the roll be adopted but that the final payment not be made to the contractor until the contract is complete. The above motion was withdrawn. Egan then moved to close the hearing, to approve the project and to authorize that the roll be certified and forwarded to the County Auditor. Wachter seconded the motion and all members voted in favor. CLEARVIEW ADDITION STREETS-PROJECT #281 The next hearing convened by Mayor Murphy concerned Project #281 regarding street improvements in Clearview Addition. The City Engineer reviewed the project in detail and a petition signed by affected owners in the area was submitted indicating 5 lot owners were against and 5 lot owners were in favor of 23 lot owners polled. A large number of affected owners were present, most of whom objected. The City Council reviewed the proposed Eden Addition to the North and the effect of additional traffic upon the Clearview area. It was noted by Council members and the City Engineer that costs will increase from year to year and several owners present indicated that they favored installation of the project because of the potential increase of cost. It was noted also that there were dust and maintenance problems that will continue until the improvements are installed. Wachter moved to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. There was no second to the motion and the motion died. Smith then moved and Egan seconded the motion to close the hearing and not to order the project in on the basis of the large majority who objected to the improvements, knowing, however, that it is expected that certain residents will again petition for im- provements within a few years. All members voted in favor except Wachter who voted no. 00234 City Council Minutes September 18, 1979 Page Five QUARRY LANE - PROJECT #199 The next hearing convened concerned street improvements for Quarry Lane and 'i+owerview Drive consisting of Project #199. The City Engineer reviewed the project in detail. Affected owners were present, some in favor and some of whom objected. There was concern about increasing prices in that certain property owners on the South side of Quarry Lane had escrowed funds for the improvements. After considerable discussion, Parranto moved to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications on Quarry Lane and not on East-West Towerview Drive area. Smith seconded the motion. Councilman Egan indicated that he felt that the project should not be split. There was also discussion by the City Council concerning the property owners of the South side of Quarry Lane in absorbing their front foot cost and each of the owners present agreed that they would pay whatever additional assessments are necessary to cover assessments on a front footage basis. All members voted in favor except Egan who voted against. PROJECT #275-SLATER ROAD, JAMES STREET, ETC., UTILITY AND STREET IMPROVEMENTS Mayor Murphy next convened the public hearing regarding Project #275 consisting of Slater Road, James Street, Cliff Road and Kings Road sanitary sewer, water, storm sewer, and street improve- ments. Certain affected property owners appeared regarding the appli- cation. Mr. Dan Beeson, attorney, appeared for Mr. and Mrs. Paul Duncan on James Street objecting to the project because of the taking by the Minnesota Department of Transportation adjacent to their land. Mr. Phillips appeared and suggested that sewer service be installed to his property from Burnsville. St. Paul Companies representative, Jerry Scott, also appeared and indicated that St. Paul Companies favored the project. After discussion, Smith moved and Wachter seconded the motion to close the hearing, order in the project and to authorize preparation of plans and specifications by the City Engineer. All members voted in favor. SILVER BELL ROAD STREET IMPROVEMENTS-PROJECT #274 The convening of the hearing of Project #274 consisting of street improvements to Silver Bell Road was next convened by Mayor Murphy. The City Engineer reviewed the project and there was discussion concerning the joint agreement between Min/Dot and the City. It was recommended that a sidewalk be installed on the North side of Silver Bell Road. The attorney for Quickie Transport Company appeared and asked questions concerning the project but did not object to the City improvements. There were no objections to the improvements. City Council Minutes September 18, 1979 Page Six It was noted that part of Silver Bell Road had been assessed earlier for street improvements and credits would be given. Egan moved to close the hearing, to order in the project and further that the plans and specifications be prepared by the City Consulting Engineer, but recommended further investigation of the location of the side- walk take place. Smith seconded the motion and all members voted in favor. Smith then moved and Parranto seconded the motion to order the City Engineer to prepare a feasibility study for utilities for Silver Bell Road from Highway #13 to Cedar Avenue as quickly as possible. All members voted in favor. FEDERAL REVENUE SHARING HEARING The Mayor convened the hearing and turned the matter over to the City Administrator who reviewed the proposed expenditure for federal revenue sharing providing for use of the funds for the Police facility building. There were no objections to the proposal as outlined and recommended by the staff. Smith then moved and Wachter seconded the motion to close the hearing and to apply the funds for the Police facility and land acquisition for the Police facility area and to accept the 1980 federal revenue sharing entitlement. All members voted yea. STATEMENT OF ASSURANCE Parranto moved and Egan seconded the motion to approve the Statement of Assurance regarding the federal revenue sharing and authorize the Mayor and City Clerk to execute the Statement as recom- mended by the City Administrator. All members voted yes. D 79-119 ELIZABETH BASSETT REZONING Mrs. Elizabeth Bassett appeared regarding her application for rezoning of 4.25 acres from R-1 to A, Agricultural at 2101 Wuthering Heights Drive in Section 18. It was noted that the APC had not acted on the application. There was discussion as to whether a special permit should be granted or the rezoning and Mrs. Bassett indicated that she perferred the rezoning. She further stated that she had now signed a purchase agreement with Norman Vogelpohl for the purchase of 3/4 acres to avoid a variance both under the zoning ordi- nance and the kennel ordinance. The 3/4 acres are zoned industrial and she will apply to rezone it to A, Agricultural. The City Council noted that a formal hearing had been scheduled on the rezoning request and that it appeared that affected property owners were noticed and therefore, because of the need to assist Mrs. Bassett in closing the project, the intent of the ordinance had been fulfilled. She indicated that she would keep no more than 6 horses and would agree to correct any nuisance complaints that may arise. Smith 00236 City Council Minutes September 18, 1979 Page Seven moved to rezone the 4.25 acres to A, Agricultural, that no more than 7 horses would be kept on the property at one time and further if there is any significant nuisance created due to the location of the horses that Mrs. Bassett or her successors make a good faith effort to correct the problem; further for the reason that a portion of Mrs. Bassett's property on Cedar Avenue has been acquired by Min/Dot for Cedar Avenue, and further that all of Ordinance No. 5 provisions will be complied with. Parranto seconded the motion and all members voted in favor. R 79-64 ZACHMAN HOMES, INC. Mr. Steve Ryan appeared for Zachman Homes, Inc. and reviewed several changes implemented by Zachman and replied to the Planning Commission and the City staff recommendations. He indicated that there would be an increase in lot size to conform with the Cedar Grove area and the road on Nicols Road will align with Hillcrest Road. The APC recommended approval subject to certain conditions. Certain Councilmen had reviewed other Zachman projects and indicated that the construction of those projects appeared to be satisfactory. Parranto moved and Smith seconded the motion to approve the preliminary plat of Cedar Cliff and rezoning from Agricultural to PD, Planned Develop- ment, including 10 acres of office commercial, 40 acres medium density residential and 24 acres of park located in Section 30, subject to all APC recommendations and further subject to the Park Committee recommendations in the memo of the Park Director of September 14th. All members voted in favor. It was further understood that the homes in the development be a mixed style, that there will be suf- ficient setbacks on the lots for garages without variances required and further, that all applicable ordinances be complied with. D 79-120 R 79-65 SOUTH DELAWARE HILLS PRELIMINARY PLAT Mr. Richard Parranto appeared on behalf of his application for preliminary plat approval of South Delaware Hills Addition. The history of the plat was reviewed briefly by the City Council and it was noted that the matter was continued from the September 4th meeting to review park land dedication and development. The Park Committee has now reviewed the proposal and the September 4th report from the Park Director was submitted to the Council. Certain revisions in the proposed park dedication development were discussed including the dedication of Lots 6, 7 and 8, Block 11, to the City and elimination of the dedication of Outlot D in Inver Grove Heights for park purposes. There were no objections to the application. Smith then moved and Egan seconded the motion to approve the preli minary plat incorporating all Planning Commission recommendations 0G237 City Council Minutes September 18, 1979 Page Eight and the revised recommendations of the Park Committee including elimination of the Outlot dedication in Inver Grove Heights but dedication of Lots 6, 7 and 8, Block 11 to the City for park. All members voted in favor. D 79-121 SAFARI ESTATES FINAL PLAT Mr. Byron Watschke appeared regarding Fortune Realty's request for final plat approval of Safari Estates. It was noted the reservoir site location had not been determined and Mr. Watschke requested the City for the total cost of the Seig site no. 3 whether acquired by negotiation or condemnation. The City staff indicated that they would still pursue the acquisition of site no. 4 in the Dakota County Park but that some certainty must be acquired as to the acqusition of a desirable site. After discussion, Smith moved and Wachter seconded the motion to direct the staff to proceed to acquire the Seig site no. 3 for the most reasonable cost by negotiation with the understanding that Mr. Watschke will assist the City in acquiring the site and further that Mr. Watschke,will pay for the entire cost of the site whether by negotiation or condemnation; further, that the plat will be approved subject to all APC recommendations. It was noted, however, that the higher elevation lots in Safari Estates will need a 20 inch water line from Cliff Road because of water pressure problems. The developer suggested private wells temporarily within Safari Estates on lots that could not adequately be served by City water in Safari Estates. Smith then withdrew the previous motion and Wachter agreed. Smith then moved and Egan seconded the motion to continue the matter until the next regular Council meeting for the staff to report concerning water pressure problems and make a recommendation to the City Council. All members voted in favor except Wachter who voted no. ELLIOT AUTO SUPPLY I.D.R. BONDS A representative from Elliot Auto Supply was present and requested that the City Council schedule a hearing on its application for I.D.R. Bonds for the construction of a $1 million warehouse and office building on Lots 8, 9, and 11, Block 4, Eagandale Center Industrial Park. The Finance Committee recommended that a public hearing be scheduled after which time the Finance Committee will investigate and make a recommendation to the Council concerning the I.D.R. Bond application. Parranto moved and Smith seconded the motion to schedule a public hearing for October 16, 1979, at 7 p.m. at the Eagan City Hall. All members voted in favor. SEE BOND FILE 00238 City Council Minutes September 18, 1979 Page Nine EAGAN-METRO SECOND ADDITION PRELIMINARY PLAT Mr. Douglas Moe, architect, was present on beahlf of the appli- cation of Metram Properties for preliminary plat approval for Eagan- Metro Second Addition consisting of Outlot A and Lot 2, Block 1, Eagan-Metro Center in Section 17 on Silver Bell Road. The APC recom- mended approval subject to certain conditions. The report of the City Planner of August 22nd was reviewed including the APC recommenda- tions at its meeting of August 28th. There were no objections to the project. The project would consist of 256 units on an 18.36 acre parcel. There was discussion concerning drainage problems to Highway #13 and it was recommended that storm sewer outfall be provided connecting ponds and drainage facilities to Highway #13. It was further noted that the plan included a shortage of parking spaces and the applicant indicated that area will be provided for necessary parking pursuant to the ordinance. Parranto moved and Egan seconded the motion to continue the application to the next meeting with the understanding that the staff and the applicants will study and return to the Council with further recommendations on how to provide adequate parking. All members voted yes. JAMES NIKOLAI - HIGHVIEW ACRES WAIVER OF PLAT Mr. James Nikolai appeared on behalf of his application for waiver of plat of Lot 6, Highview Acres. Also the lot owner was present and favored the application. There were no objections to the application. Smith moved and Wachter seconded the motion to approve the application subject to the APC recommendations but that the owner and applicant not be required to sign the application for upgrading Highview Avenue. All members voted in favor. R 79-66 DURNING ADDITION - SUBDIVISION WAIVER OF PLAT The application of Mr. James Durning for waiver of plat for Lot 3, Block 1, Durning Addition was next reviewed. Mr. Flanagan was present as was Mr. William Brandt, the latter of whom is the developer of a proposed office development on the lot. There were no objections. The APC recommended approval subject to conditions. Smith moved and Egan seconded the motion to approve the application with the understanding, however, that no building permit is being granted and further, subject to APC recommendations. All members voted yes. R 79-67 00239 City Council Minutes September 18, 1979 Page Ten JAMES SCHELTON 3.2 OFF-SALE BEER LICENSE The application of James Schelton for 3.2 off-sale beer license for a PDQ store in Silver Bell Shopping Center. There were no objections. Smith moved and Parranto seconded the motion to approve the application. All members voted in favor. IMPROVEMENT PROJECT BID AWARDS The following bid awards were considered and upon motion by Smith and seconded by Wachter were approved with award of the contracts to the low bidders: 1. Improvement #79-12 - Dodd Road Project - Enebek Construction Company, $341,717.80. 2. Improvement #79-19 - Projects #255, #265 and #272 - MacNamara-Vivant Contracting Company, $178,212.00. 3. Improvement #79-16 - Projects #247, #248 and #249 - Minnesota Valley Surfacing Company, $139,933.00. 4. Improvement #79-12 - Dodd Road - Smith moved and Egan seconded the motion to award the contract subject to final approval of the contract by Min/Dot with the understanding that it be subject to negotiations by the staff for the acquisition of the necessary easements. All members voted in favor. All members voted in favor except Parranto who abstained as to Project #79-19 regarding the Lake Park Addition project. TAX EXEMPT MORTGAGE FINANCING Mr. Richard Lincoln of Miller and Schroeder was present and reviewed procedures for creating a target area for a development district under the proposed tax exempt mortgage financing program for Eagan. He recommended that the City not establish development districts and target areas and no, action was taken on that issue. LEVY LIMIT BASE INCREASE The City Administrator submitted a resolution for levy limit base increase requested of the State Department of Revenue adjusting the City of Eagan's levy limit to 85% of the limitation in the County. Wachter moved and Murphy seconded the motion to approve the resolution. All members voted in favor. R 79-68 00240 City Council Minutes September 18, 1979 Page Eleven HOUSING PLAN Council members discussed limits on the financing of townhouses and condominiums under the tax exempt mortgage financing program. After discussion, Smith moved and Egan seconded the motion to approve not more than 20% of the tax exempt mortgage financing funds for townhouses and no more than 20% for condominiums under the current proposed tax exempt mortgage financing project. All members voted in favor. PARK CLIFF ADDITION TEMPORARY SIGN Mr. Richard Winkler appeared requesting a temporary sign for Park Cliff Addition at the Southwest corner of Pilot Knob and Cliff Road and indicated that no variance was required. Wachter moved and Egan seconded the motion to approve the applicaitons. All members voted yea. H.R.A. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Hedges reviewed an H.R.A. Community Development Block Grant program for qualified low income persons including Eagan. There are three programs for low interest home improvement loans. Smith moved and Parranto seconded the motion to approve the cooperative agreement covering HUD funds and M.H.F.A. funds. All members voted yes except Wachter who voted against. D 79-122 MCKEE ADDITION PETITION Mr. Frank Dembroski submitted a petition signed by certain property owners in his area requesting regulations for parking of large semi trucks in residential areas. No action was taken on the petition officially. NORTHERN NATURAL GAS EASEMENT Mr. Hedges and Mr. Hauge reviewed with the City Council an agreement with Northern Natural Gas concerning restrictions of an easement for blacktopping over the easement adjacent to Fire Hall No. 1. Parranto moved and Egan seconded the motion to approve the agreement with one change in the agreement as approved by the staff. All members voted in favor. D 79-123 0C 241 City Council Minutes September 18, 1979 Page Twelve RAHN PARK TENNIS COURTS City Engineer Rosene submitted plans and specifications for the proposed Rahn Park tennis courts addition and recommended that bids be advertised and opened on October 18th. Wachter moved and Smith seconded the motion to approve the plans and specifications and to authorize the City Clerk to advertise for bids to be opened on October 18, 1979, at 3 p.m. at the Eagan City Hall. All members voted yes. LARRY WENZEL TRUNK SEWER CONSENT AGREEMENT An agreement with Larry Wenzel concerning consent to enter his property for construction of storm sewer improvements across his property was submitted by the City Attorney and was recommended for approval. Egan moved and Parranto seconded the motion to approve and authorize the execution of the agreement. All members voted in favor. D 79-124 I-35E - DISTRICT COURT DECISION The Mayor and Councilmen discussed the decision of District Judge Jerome Kluck of Friday, September 14th, overruling DNR Commissioner Joe Alexander's decision to deny the bridge permit for I-35E over Blackhawk Lake. He ordered the DNR Commissioner to authorize the permit along the A-1 corridor. After considerable discussion, Wachter moved and Parranto seconded the motion to reaffirm the Council preference of A-1 route through Eagan due to the long standing position of the City Council and its predecessors and further that an alternate will be selected by the Eagan City Council in the event that the A-1 corridor decision is appealed and A-1 is not installed. All members voted in favor. Upon motion duly made by Councilmember Wachter, seconded by Mayor Murphy, all members voting in favor, it was RESOLVED as follows: 1. That the Eagan City Council reaffirm its position favoring the A-1 alignment of I-35E across Blackhawk Lake based upon the City Council's history of favoring the A-1 corridor; 2. The City is reviewing the modifications to the A-2 design alternative passing to the East of Blackhawk Lake that were reviewed at the public hearing held on Thursday, August 30, 1979, at Mary, Mother of the Church and requests an extension of time to further review the modifications before a final comment is submitted to the Minnesota Department of Transportation for the official hearing record. R 79-69 0C 242 City Council Minutes September 18, 1979 Page Thirteen ADVISORY PLANNING COMMISSION VACANCY The City Administrator was requested to advertise in the newspaper for a replacement for Roger Sperling's vacancy on the Advisory Planning Commission. CHANGE ORDER - FIRE STATION NO. 1 A recommended change order for Fire Station No. 1 consisting of $885 for reinforcing support for the mezzanine floor was submitted. Smith moved and Wachter seconded the motion to approve the change order. All members voted in favor. Wachter then moved and Egan seconded the motion to approve the change order. All members voted in favor. Wachter then moved and Egan seconded the motion to approve payment no. 1 to the contractor for Fire Station No.'s 1 and 3 in the sum of $48,510 as approved by the staff. All members voted in favor. VOUCHERS Upon motion by Egan and seconded by Wachter, the following vouchers were approved: 770-798; 8864-9841; 13186-13347. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:10 a.m. All members voted in favor. DATED: September 18, 1979 PHH CITY CLERK