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03/20/1979 - City Council Regular 0 064 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 20, 1979 A regular meeting of the Eagan City Council was held on March 20, 1979, at 6:30 p.m. at the City Hall. Those present were: Councilmembers Parranto, Egan, Smith and Wachter. Mayor Murphy appeared later. Vice-Mayor Wachter chaired the meeting. Also present were: City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. MINUTES Smith moved and Parranto seconded the motion, all members voted in favor, of approving the minutes of the March 6, 1979, meeting with the exception on Page 6, Wachter voted no regarding Thomas Lake Road easement and on Page 12, Wachter seconded the motion concerning Brittany Manor Addition. Parranto moved and Egan seconded the motion, all members voted yea, to approve the minutes of the March 13, 1979 special Council meeting. FIRE DEPARTMENT No business. POLICE DEPARTMENT Chief DesLauriers appeared. 1. He indicated that Diane Mosso has resigned as a dispatcher and requested authorization to replace her. Smith moved and Egan seconded the motion, all members voted in favor, to accept the resignation of Diane Mosso and to authorize the Police Chief to proceed with the selection process for a replacement. 2. Mr. DesLauriers then requested that Greg Johnson be authorized to be hired full-time beginning April 1, 1979. The matter had been continued from the January meeting. There was considerable discussion concerning funding for Mr. Johnson and the general expenditures and budget of the Police Department appeared to provide for sufficient budget- ing. There was concern about the possibility of not staying within the Police budget for 1979 by adding another patrolman. Egan moved to hire Greg Johnson as a full-time police officer effective April 1, 1979, with the understanding that the City Council will not accept additional requests for personnel in the 1980 budget except under dire circumstances. Parranto Page Two 0 065 March 20, 1979 City Council Minutes seconded the motion, all members voted in favor. PARK DEPARTMENT Barbara Schmidt was present. 1. She reviewed the 1978 grant applications for additional tennis courts. She outlined in a memo dated March 15, 1979, three alternatives for the construction of tennis courts including lighting at Rahn Park. The Council discussed the increased cost expectations and the possibility of a levy during 1978 as a part of the 1980 budget. Smith moved and Egan seconded the motion, all members voted yea, to approve the Alternate 3 to provide for the construction of two sets of tennis courts with lighting on all four tennis courts with an estimated construction cost of $24,000 for the courts, $30,000 for the lights for the four courts including a grant award of $14,500; with the further understanding that the construction will be paid from park site funds on a temporary basis and the Council will then determine in the fall of 1979 whether to levy a special tax for 1980; further, that the plans and specifications to be prepared by the City Consulting Engineer on the basis of 7% of the construction costs. 2. Park Committee Appointment. City Administrator Hedges read a letter from Mr. Robert Leach announcing his resignation on the Park Committee because he is leaving the City. Smith moved and Parranto seconded the motion, all members voted in favor, to appoint Tom Gits to fill the appointment of Robert Leach according to the ordinance pro- visions. PUBLIC WORKS COMMITTEE Mr. Colbert reported for the Public Works Committee and reviewed a letter from Surrey Heights Homeowners Associa- tion requestiong additional traffic controls for the inter- section of Yankee Doodle and Pilot Knob Roads and the request for a speed study for the reductions of speed on Yankee Doodle Road between Highways #13 and #31. Mr. Colbert recommended that traffic studies be conducted on Yankee Doodle Road and requested the County Traffic Engineer to review whether traffic control devices are warranted on Yankee Doodle Road and Pilot Knob Road, Lone Oak Road and Pilot Knob Road and Lexington Avenue and Yankee Doodle Road. Parranto moved to petition Dakota County to request a speed study on Yankee Doodle Road from Highways #13 to #31; Smith seconded the motion, all members voted in favor. In addition, the Public Works Director was instructed to submit a recommendation 0 066 Page Three March 20, 1979 City Council Minutes concerning speed reductions to the Council when warranted in the future. Smith moved to install a yield sign on Lunar Lane and Apollo Road. Parranto seconded the motion, all members voted yea. R 79-19 FIRE STATION #3 Mr. Hedges reviewed his report dated March 20, 1979, concerning the selection of an architect for Fire Station U. He noted that the Public Works Committee had interviewed six firms on March 19 and recommended Trossen, Wright and Associates of St. Paul to perform architectural services for the addition to Fire Station #1 and the proposed Fire Station #3. Mr. Wachter reviewed the reason for the recommendation including good depth of staff and Mr. Parranto moved to engage Trossen Wright and Associates according to the memorandum dated March 20, 1979. Smith seconded the motion, all members voted yea. FIRE HALL BOND ISSUE PUBLICITY Smith moved and Egan seconded the motion, all members voted in favor, to authorize the expenditure of approximately $700 for publicity for the 1979 fire hall bond issue. Smith then moved and Egan seconded the motion, all members voted yes, to designate the City Administrator to coordinate efforts between the Fire Department, architect and the special consulting engineer regarding the construction and design work for the Fire Hall #1 addition and Fire Hall #3. HOOVESTAL TRUCKING COMPANY I.D.R. BONDS The City Administrator presented the final resolution allowing the issuance of industrial revenue bonds for the Hoovestal Trucking Company in the sum of $420,000. It was noted that the project has a value in excess of $500,000 according to the guidelines of the City and it was recommended that the Council approve the resolution, to authorize the Mayor and City Clerk to execute the necessary documents. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the recommendations. BOND FILE D.C.R. COMPANY I.D.R. BONDS The final resolution regarding the industrial revenue bonds for D.C.R. Company in the sum of $1,450,000 for the new bowling alley in Cedarvale was next considered. It was noted that the bonds are being privately placed and it was recommended 0 067 Page Tour. March 20, 1979 City Council Minutes that the resolution be authorized and that the Mayor and City Clerk be authorized to execute the necessary documents. Smith moved and Egan seconded the motion, all members voted in favor, to approve the recommendations. BOND FILE LEXINGTON AVENUE AGREEMENTS City Attorney Hauge submitted an agreement between the City of Eagan and Dunn & Curry Real Estate Management, Inc., regarding the extension of Lexington Avenue from County Road #30 to Cliff Road and an additional proposed agreement between the City of Eagan and Dakota County concerning the completion of the improvements for the Lexington Avenue extension. It was noted that grading and the utilities are intended to be installed in 1979 and final improvements including surfacing, curb and gutter in 1980. Mr. Ed Dunn was present and submitted a signed agreement on behalf of Dunn & Curry. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the agreements and instructed the City Administrator to forward the agreement between the City and Dakota County to the Dakota County Board of Commissioners. Mayor Murphy appeared at the Council meeting at this time. D 79-44 D 79-45 EAGAN HILLS WEST PLANNED UNIT DEVELOPMENT AGREEMENT AND MEADOWLAND FINAL PLAT Mr. Dunn appeared together with Linda Fischer, attorney, regarding the proposed Planned Unit Development Agreement covering Eagan Hills West. Paul Hauge explained the background of the agreement and two provisions that required Council consideration. One issue dealt with the proposal by the developers for payment by the City for excess width right-of-way for County Road #32 and Blackhawk Road, in the event the City compensates any other developer for comparable right-of-way. There was concern by Councilmembers concerning past practice where compensation had not been paid to developers for excess rights-of-way and the possible future precedent. The Council was not receptive to inclusion of the provision and change in the policy. In addition, Mr. Hauge reviewed a proposal of the developers that in the event that the City were to change the use of any land within a 15 year period, that was dedi- cated for park purposes by easement or deed, that it would then revert to the developer. Ms. Fischer and Mr. Dunn presented their positions and the Councilmembers generally indicated that they were not amenable to a change in the policy regarding the reversion of park land. Smith moved and 0 068 Page Five March 20, 1979 City Council Minutes Wachter seconded the motion, all members voted in favor, after considerable discussion to continue the Planned Unit Development agreement consideration and the final plat for Meadowland Addition until the next regular meeting. WILDERNESS RUN ROAD PETITION A petition was submitted from Dunn & Curry requesting Wilderness Run Road to be extended from the intersection of Lexington Avenue to the intersection of Dodd Road in conjunction with the trunk sewer plan in 1970. It was noted that the Council has authorized sanitary sewer and water-to bE: extended within the Wilderness Run right-of-way. Councilmembers opposed opening the road for public traffic and Mr. Colbert indicated that barricades could be constructed to prevent public access. Wachter moved and Parranto seconded the motion, all members voted in favor, to authorize the City Engineer to prepare a feasibility study and report back to the Council. LAKE WATER QUALITY - DEPARTMENT INTERIOR AGREEMENT Mr. Colbert reviewed with the Council a cooperative agreement with the U.S. Department of Interior for continued water sampling and analysis of four lakes within the City including Blackhawk, Fish, Thomas and Holland Lakes. There was considerable concern by the Council that the U.S. Department of Interior is not willing to assist in funding the study and there were concerns about the use of the results of the tests. After considerable discussion, Smith moved and Egan seconded the motion, all members voted yes, to enter into the agreement with the express disappointment by the Council in dropping the matching fund program with the hopes that the U.S.G.S. will reinstate the funding at some future date; further, that the City staff will review the cost of engaging a private water quality inspection firm to test lakes in the City. Smith then moved and Egan seconded the motion, all members voted yes, that the Public Works Director include the Heine Pond within the lake water quality sampling by the U.S.G.S. D 79-46 HEINE LAKE SEWER AREA There was discussion concerning acquiring cost esti- mates to divert storm sewer northerly to the Wenzel Pond from the Heine Addition. Wachter moved and Smith seconded the motion, all members voted in favor, to direct the City Engineer to prepare a feasibility report for diverting the storm drainage to the Wenzel Pond with recommendations for assessments. Q O& 9 Page Six March 20, 1979 City Council Minutes BEACON HILLS PLANS AND SPECIFICATIONS PROJECT #262 The final plans and specifications for Beacon Hills Addition sanitary sewer, water and storm sewer were submitted by the City Engineer. Mr. Colbert reported and recommended that the plan be approved and that advertising for bids be authorized. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the plans and speci- fications and direct the Clerk to advertise for bids to be opened on April 12, 1979 at 3 p.m. at the City Hall. CHES MAR EAST FIRST ADDITION PROJECT #261 The plans and specifications for Ches Mar East First Addition were also submitted. Wachter moved and Parranto seconded the motion, all members voted in favor, to adopt the recommendation of Mr. Colbert for approval of the plans and specifications and that the Clerk be directed to advertise for bids to be opened at the City Hall on April 12, 1979 at 3 p.m. GOPHER INDUSTRIAL PARK FIRST ADDITION A petition from the developers of Gopher Industrial Park First Addition for sanitary sewer and water installation for a portion of the addition was reviewed. The City Attorney recommended that a development agreement be prepared covering at least the portion that is intended to be developed at the present time. Smith moved and Wachter seconded the motion, all members voted in favor, to request the City Engineer to prepare a feasibility report. It was understood that a development agreement will be required and no further building permits or improvements will be granted until a development agreement is prepared and the proper escrow posted with the understanding, further, that the developer will guarantee the payment of cost for the feasibility report and development agreement. 1978 REFUNDING BOND ISSUE An indemnification agreement with Miller and Schroeder covering the 1978 refunding bond issue was recommended for approval. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the agreement. D 79-47 WILDERNESS RUN SIXTH ADDITION A request from the developer of Wilderness Run Sixth Addition for reduction in the escrow funds for the addition from $27,975 to $23,475 was recommended to be approved by the City Engineer. Wachter moved and Egan seconded the motion, to approve the reduction. All members voted yea. Page Seven 0 070 March 20, 1979 City Council Minutes CEDAR AVENUE SLOPE EASEMENT Public Works Director Colbert received a request from District 9, Mn/DOT requesting the City execute a temporary slope easement and waive its rights for compensation located at the entrance to the old sewage plant on Cedar Avenue. Parranto moved and Egan seconded the motion, all members voted in favor, to approve the slope easement. WILSON VS. CITY OF EAGAN, ET AL City Attorney Hauge reported briefly concerning the appeal to the Minnesota Supreme Court by Timothy Wilson relating to an action in the Dakota County District Court for loss due to the destruction of a cat. It was noted that a settlement conference hearing will be held on March 29 and it appeared that Home Insurance Company, the liability carrier who had defended for the City to this date, will refuse to defend further because of the claim for punitive damages. Upon motion by Smith and seconded by Egan, all members voted in favor, it was RESOLVED that the City Attorney is authorized to represent the City in the event that the insurance carrier refuses to defend on behalf of the City. CHES MAR EAST FIRST ADDITION Mr. Hedges explained that certain conditions in the approval of the Ches Mar East First Addition plat had been eliminated from the minutes and recommended that the minutes of October 3, 1978, be amended to incorporate the following conditions: 1. That the approximately 14 acre park area adjacent and north of the plat of Ches Mar East First Addition, shall be deeded to the City prior to approval of the final plat for the First Addition. 2. That Lexington Avenue shall be included in the plat of the First Addition. 3. That all engineering matters, including dedication of ponding easements and approval of grading and drainage plans, shall be approved by the City Engineer prior to approval of the final plat for the First Addition. 4. That no direct access for individual lots--shall be permitted to Cliff Road or Lexington Avenue. 5. That the walkway adjacent to Lot 4, Block 1 of the Second Addition, shall be constructed by the developer according to specifications set forth by the Park Director. Page Eight 0 071. March 20, 1979 City Council Minutes 6. That a berming and landscaping screen according to the plans approved by the City shall be provided for any yard abutting a County Road which has an elevation within five (5) feet of the elevation of the adjacent County road. 7. That all lots shall meet minimum ordinance requirements except with a specific variance granted by the City. 8. That only two-family dwellings shall be permitted in an R-2 area. 9. That the preliminary plat shall be approved by the Dakota County Plat Commission prior to final approval by the City. Smith moved and Wachter seconded the motion to accept the recommendation and amend the minutes. All members voted yes. 1978 FINANCIAL STATEMENT Mr. Hedges reviewed with the Council the preliminary audited 1978 financial statement prepared by the firm of Wilkerson, Guthman and Johnson and noted that an audited statement will be prepared at a later time. No action was taken. BICENTENNIAL FOURTH ADDITION Mr. Martin Colon appeared and requested that the Council approve the final plat of Bicentennial Fourth Addition and indicated that he would comply with all necessary ordinance requirements of the City. It was noted that the Council had approved the preliminary plat subject to acquisition of an easement along the front line of the property, cross easements for parking and completion of a development agreement. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the final plat subject to the foregoing conditions, and approval by the City Attorney, City Engineer and City staff. R 79-20 D 79-48 PHYSICAL FITNESS PROGRAM AND NO-SMOKING POLICY Chairman Wachter of the Personnel Committee reported on the recommendation of the Committee for adoption of an amendment to the Personnel Policy that would provide for physical fitness by sworn police officers and volunteer Fire Department members and no-smoking by new City employees after April 1, 1979. '0 072 Page Nine March 20, 1979 City Council Minutes There was discussion concerning cost to implement the program, compliance requirements, effects on current employees, etc. There was also discussion concerning alternates including incentives to utilize the physical fitness program and avoid smoking. The Personnel Committee will consider the issue further. DUCKWOOD DRIVE AND DENMARK STREET IMPROVEMENTS A petition from Mr. Kenneth Appelbaum requesting a feasibility report for street improvements on Duckwood Drive and Denmark Avenue was submitted to the Council. Smith moved to accept the petition and to request the City Engineer to prepare the feasibility report. Wachter seconded the motion and all members voted yes. LONE OAK TREE BULLETIN BOARD A letter from the Minnesota Department of Transportation requesting the City to remove the bulletin board on the Lone Oak Tree because of safety problems in that people are stopping cars to view the board. There was discussion con- cerning the history of the plaque and the City Administrator was requested to review the issue. HIDDEN OAKS ADDITION A letter from Mid Continent Equity requesting an extension of time for an additional six months for preliminary plat approval for Hidden Oaks Addition in the northwest corner of Crestridge Drive and Denmark Lane was discussed. Parranto moved and Egan seconded the motion, all members voted in favor, to approve the request. JOHNNY CAKE RIDGE ROAD - WILLIAM ALMQUIST A letter from the attorney for William Almquist requesting an additional $300 for the inability to use the pasture on the Almquist property in 1977 due to the construction of Johnny Cake Ridge Road was reviewed by the City Attorney. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the payment subject, however, to the submission of the permanent easement from Mr. and Mrs. Almquist covering Johnny Cake Ridge Road. SPECIAL APPEARANCES BEFORE THE COUNCIL There was discussion by Councilmembers concerning the formation of guidelines for the request for special appearances before the City Council. The City Administrator was requested to prepare a draft and submit it to the Council for review. Page Ten 0 073 March 20, 1979 City Council Minutes PILOT KNOB ROAD PLANS Councilmember Wachter reported on a meeting that he had with the Dakota County Highway Engineer regarding the plans for Pilot Knob Road improvements in the vicinity of Yankee Doodle Road. Wachter moved and Parranto seconded the motion, all members voted in favor, to request the County Engineer to prepare plans to permit divided highway including turn lanes from Yankee Doodle Road northerly to the south access driveway to Univac Plan. STREET SWEEPING Egan moved and Wachter seconded the motion, all members voted in favor, to direct the City Public Works Director to engage a street sweeper for sweeping the main City streets in the early spring of 1979. VOUCHERS Smith moved and Parranto seconded the motion, all members voted in favor, to approve the following vouchers: 629-643; 7896-7974; 11749-11890. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:00 p.m. Dated: PHH City Clerk