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04/03/1979 - City Council Regular 0 0 74 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 3, 1979 A regular meeting of the Eagan City Council was held on April 3, 1979, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers Parranto, Smith, Egan and Wachter. Also present were: City Administrator Hedges, City Engineer Rosene, City Public Works Director Colbert and City Attorney Hauge. AGENDA After the Pledge of Allegiance, Mayor Murphy requested that the Council review a bill submitted to the 1979 Legisla- ture by Representative Rees dealing with review of the Metro Council Systems Plans. Wachter moved and Egan seconded the motion, all members--voting in favor, to approve the agenda with the foregoing addition. MINUTES Parranto moved and Egan seconded the motion, all members voted in favor, to approve the minutes of the March 20, 1979, meeting with the exception that on Page 8, that Lexington Avenue be included in the plat of Ches Mar East First Addition, and on Page 11 that Pilot Knob Road plans provide in the motion that the City request the County Engineer to prepare plans to permit divided highway including turn lanes from Yankee Doodle Road northerly to the south access drive to Univac plant. 1979 G.O. BOND ISSUE Ernie Clark of Miller and Schroeder appeared and reviewed a proposed schedule for the issuance of general obligation bonds for the City covering projects scheduled to be awarded as of approximately May 15. The total bond issue would be about $6,515,000 with the recommended sale made on June 5, 1979. Smith moved and Parranto seconded the motion, all members voted in favor, to request that the fiscal consultant proceed with the preparation of a proposal for the sale of the G.O. Bonds and report to the Council at the next meeting. At the request of Marvin Bump, the developer of Vienna Woods Addition, Parranto moved and Egan seconded the motion, all members voted in favor, to approve the extension of assessments for Vienna Woods Addition from 5 to 10 years under Project #259. Page Two 0 075 April 3, 1979 City Council Minutes FIRE DEPARTMENT City Administrator Hedges reported concerning progress regarding the proposed bond issue for improvements to Fire Hall #1 and the construction of Fire Hall #3. He indicated that Sven Borgersen had completed the plans and specifications for Fire Hall #3 and that the Administrator has a proposal from Co-op Power Association regarding the conveyance of land on Pilot Knob and Wilderness Run for Fire Station #3. Upon recommendation of the City Administrator, the following action was taken: 1. The sample ballot submitted by the City Administrator as revised and resolution authorizing the election was upon motion by Egan and seconded by Parranto, all members voting in favor, approved. R 79-20B 2. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the schedule of election judges according to D 79-49. D 79-49 3. Upon recommendation of Mr. Hedges, Wachter moved and Smith seconded the motion to approve and execute the contract with Trossen, Wright and Associates,. architects, all members voted yes. D 79-50 4. Physical Fitness Facilities. There was extended discussion and Councilmember Wachter recommended that physical fitness facilities be purchased for the three fire stations. He also recommended that use of the physical fitness facilities be mandatory for new firemen and optional but recommended for present firemen. Sergeant Ken Aszmann of the Eagan Police Department appeared and reported on the progress of the use of physical facilities in the Police Department and was strongly in favor of their use. Wachter moved to provide for the inclusion in the bond issue of funds for physical fitness equipment for the three fire stations and further, that the Council adopt a voluntary physical fitness program for Fire Department members with the understanding that the amount of the cost of the equipment will not exceed $10,000 for all three stations and that it will not exceed the estimated reduction in cost in the revised design for Fire Station #3. Egan seconded the motion. Smith then moved to amend the main motion to provide for an amount not to exceed $6,000 divided equally amongst the three stations. Parranto seconded the motion. Those in favor of the amendment were: Parranto, Wachter, Egan and Smith; Murphy voted no. Those in favor of the main motion as amended were: All in favor except Murphy who voted no. Page Three 0 076 April 3, 1979 City Council Minutes POLICE DEPARTMENT Chief DesLauriers was present and reviewed with the City Council the proposed route for the zoo walk in the area of the Minnesota Zoo scheduled for May 5, 1979. Negotiations have been held with representatives from the zoo and the City of Apple Valley. The Eagan Police Department recommends the route which would run easterly of Pilot Knob Road and circle back to the Minnesota Zoo which would avoid traffic on Johnny Cake Ridge Road and Cliff Road thereby avoiding conflict with normal traffic. There was no action taken by the Council. There were concerns, however, about the effect that a rain would have on the use of the trails within the Dakota County Park and Councilmembers suggested that an optional route be provided in the event of inclement weather. PARK DEPARTMENT Rahn Thomas Recreational Trail. Mr. Hedges reviewed the report of Park Director Schmidt dated March 27 regarding plans for Rahn Thomas Recreational Trail and indicated that the plans and specifications are now complete. The estimated cost would be $80,000 with 90% funding by grants and $8,000 from City funds to be paid from park bond funds. Upon recom- mendation of the Park Director and upon motion by Wachter, seconded by Parranto, all members voting yes, it was RESOLVED that the plans and specifications for the project be approved and that the Clerk be authorized to advertise for bids to be opened on Thursday, April 26, 1979 at 3 p.m. at the City Hall. MEADOWLAND ADDITION FINAL PLAT AND EAGAN HILLS WEST PUD City Attorney Hauge reviewed with the Council the progress on the completion of the Planned Unit Development for Eagan Hills West and the Meadowland final plat. He noted that there were requirements that had not been completed to date including the completion of dedication of park land and trails, but recommended approval of the Meadowland final plat and the Eagan Hills PUD agreement and other documents subject to final staff approval. Mr. Rod Hardy and Mr. Dave Sellergren were present for the applicant. 1. Eagan Hills PUD Agreement. Egan moved and Smith seconded the motion, all members voted in favor, to approve the agreement subject to completion of all necessary condi- tions including ordinances and final staff approval. D 79-51 2. Meadowland First Addition. Parranto moved and Egan seconded the motion, all members voting in favor, to approve the final plat of Meadowland First Addition subject to the following: a. Completion of the development agreement. b. Completion of the park dedication and trail easement. c. All applicable ordinances and regulations of the City. D 79-52 R 79-21 April 3, 1979 0 077 Page Four City Council Minutes THOMAS LAKE ADDITION FINAL PLAT Byron Watschke appeared regarding the application of Fortune Realty for approval of the final plat of Thomas Lake Addition. Paul Hauge reviewed some of the conditions that were yet to be completed and recommended approval subject to those conditions. Parranto moved and Egan seconded the motion, all members voted yes, to approve the final plat subject to a 10 foot easement, the completion of the development agreement, the receipt of Outlot A for park purposes with the understanding that the City will grant a Quit Claim Deed for the drainage easement along with west side of the plat and for the existing street easement along the west line of the plat; and, in addition, all other ordinances and necessary requirements. R 79-22 PARKCLIFF ADDITION D 79-53 The application for approval of the final plat of Parkcliff Addition was next submitted. Mr. Richard Winkler was present as was Bill Dolan, his engineer. There was discussion concern- ing the second access requirement and the Council requested that a guarantee as to the construction of the second access by the applicant according to the July 18, 1978 City Council action. It was also suggested that there be a turn around at the end of Parkcliff Drive for emergency vehicles. Smith moved and Parranto seconded the motion, to approve the final plat for Parkcliff Addition subject to the developer agreeing to a maximum of three years to install the second access to Cliff Road through Mrs. Olson's property if possible; further, subject to a turn around at the end of Parkcliff Drive on a temporary basis and all other conditions including a develop- ment agreement. All members voted in favor. Wachter then moved and Egan seconded the motion to approve the development agreement subject to all conditions imposed by the Council and staff approval. All members voted yea. D 79-54 D 79-55 R 79-23 EAGANDALE CORPORATE SQUARE FINAL PLAT Mr. Tom Davis appeared on behalf of the applicant for approval of the final plat of Eagandale Corporate Square. It was noted that there will be no development agreement required. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the application subject to the completion and recording of the mutual access easement. R 7924 D 79-56 0 078 Page Five April 3, 1979 City Council Minutes THOMAS LAKE SCHOOL ADDITION It was again noted that no development agreement is required for approval of the final plat. Parranto moved and Smith seconded the motion to approve the final plat subject to normal ordinance requirements and all original conditions of the Council. All members voted in favor. D 79-57 R 79-25 D.C.R. COMPANY I.D.R. BONDS City Administrator Hedges submitted a revised resolution for approval of the Industrial Revenue Bonds for the D.C.R. Company bowling alley in Cedarvale and recommended approval. Smith moved and Egan seconded the motion, all members voted yea, to approve the resolution and to authorize its execution. BOND FILE SUNSET ADDITION Mr. Phillip Brandt appeared on behalf of his application for rezoning from A, Agricultural to R-1, Residential Single and preliminary plat approval of Sunset Addition consisting of a five acre tract into 12 single family lots west of Dodd Road. A number of neighboring residents also were present objecting to the potential excessive runoff from the property lying west of Saddlehorn Addition. The owner of the property on the south side of the Addition also was present and indi- cated that she would grant the necessary additional 30fOotos.buth half right-of-way for Hackmore Drive. The recommendations of the City Engineer were reviewed as well as the APC minutes which recommended approval subject to conditions. A petition was submitted by the neighboring owners indicating that 12 of 18 houses whose owners signed the petition stated that they have had some water problems. Wachter moved and Murphy seconded the motion to approve the rezoning of the property. After considerable additional dis- cussion, Wachter and Murphy withdrew their motion and second. Egan then moved and Smith seconded the motion to continue the application until the May 2, 1979 Council meeting to acquire additional information concerning the potential impact of water drainage on the general area. All members voted in favor. Page Six 0 079 April 3, 1979 City Council Minutes JOHNSON'S FIRST ADDITION REZONING AND PRELIMINARY PLAT Mr. David Johnson appeared regarding the application of Robert T. Johnson and David A. Johnson for rezoning 22 acres from A, Agricultural to R-1, Residential Single and preliminary plat approval of Johnson's First Addition at the northeast corner of Kings Road and Cedar Avenue. It was noted that the APC recommended approval subject to certain conditions. Egan moved and Parranto seconded the motion, all members voted in favor, to approve the rezoning from A to R-1. Egan then moved and Parranto seconded the motion, all members voted yea, to approve the application for preliminary plat subject to the recommendations of the Advisory Planning Commission with the exception that condition #1 provide that Lot 2 not be granted a building permit until the utilities are available for Lot 2. R 79-26 D 79-58 MR. STEAK CONDITIONAL USE PERMIT FOR LIQUOR Mr. James Durning appeared regarding his application for conditional use permit for on-sale liquor for a Mr. Steak restaurant on Lot 2, Durning's Subdivision on Cedar and Cliff Roads. He stated that he agreed with and would comply with all recommendations of the APC which recommended approval. There was discussion as to whether special conditions should be placed upon any on-sale liquor establishment that differ from the ordinance and statutory requirements which could cause excessive compliance and policing problems in the future. Smith moved and Parranto seconded the motion to approve the conditional use permit for on-sale liquor subject to all of the necessary ordinance requirements without the recommendations of the APC except that the conditional use permit be subject to annual review by the City. Those in favor were: Murphy, Parranto and Smith. Those against were: Egan and Wachter because they indicated that they favored the restrictions recommended by the APC. CHRIST LUTHERAN CHURCH WAIVER OF PLAT AND REZONING The application of Christ Lutheran Church to rezone 10 acres from A, Agricultural to P, Public Facility and for waiver of plat to permit the recording of a two acre parcel located on County Road #30 was next considered. Mark Koenig, president of the church, as well as Larry Storhkirch and other members representing the church were present. Councilmember Wachter stated that he would refrain from voting because of his member- ship in the congregation. Mr. Koenig indicated that the Church 0 080 Page Seven April 3, 1979 City Council Minutes intends to construct an addition beginning in June of 1979 and requested a waiver from the normal platting requirements that was recommended by the APC because of an error ten years ago in a grant of a deed for the two acres. It was noted that four other churches had additions or new construction in recent years and platting was not required. After discussion, Smith moved and Egan seconded the motion, all members voted in favor except Wachter who did not vote, to rezone the entire parcel to P, Public Facilities. Smith then moved and Parranto seconded the motion with all members voting in favor, except Wachter who did not vote, to approve the application for waiver of plat subject, however, to an additional 17 foot easement right-of-way grant on County Road #30 measured 50 feet from the centerline of the existing road, and the required drainage easements by the City, both according to the APC recommenda- tions with the understanding that there be no requirement for platting. R 79-27 R 79-28 PATRICK EAGAN PARK - THOMAS ROONEY PROPERTY Attorney Hauge reviewed with the Council a proposed purchase agreement for the purchase of 19 acres from Thomas Rooney for the extension of Patrick Eagan Park between Deerwood Drive and County Road #30. The Park Director recom- mended approval and it was noted that 75% of the cost of the land will be paid in the form of state and federal grants. The acreage cost would be identical to the survey done for the City in January of 1978, with an additional cost for the fence along the Caponi property at the time park land was bought from Mr. Caponi. Smith moved and Egan seconded the motion, all members voted in favor, to approve the earnest money contract and direct the Mayor and Clerk to sign all documents required in order to close the acquisition D 79-59 CONSULTING ENGINEER RATE SCHEDULE Robert Rosene of the firm of Bonestroo, Rosene, Anderlik and Associates, submitted a proposed rate schedule for the consulting engineer's fees for 1979 indicating approximately a 6.5% increase per year. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the rate schedule. D 79-60 Page Eight 0 081 April 3, 1979 City Council Minutes MN/DOT TRAFFIC SIGNAL AGREEMENT City Administrator Hedges submitted a proposed agreement between the Minnesota Department of Transportation, City of Eagan and Dakota County covering the cost, maintenance and operation of traffic signals on Trunk Highway #13 at Silver Bell Road and on Cedar Avenue at County Road #30. Egan moved and Smith seconded the motion, all members voted in favor, to approve the agreements and authorize the Mayor and Clerk to sign both agreements. D 79-61 WATER AND SEWER OPERATORS Mr. Hedges recommended the hiring of Earl O. Doehling and Laurence Cudo, currently maintenance operator in the Park Department, as members of the Sewer and Water Depart- ment. Smith moved and Egan seconded the motion, all members voted in favor, to approve the hiring of Mr. Doehling and Mr. Cudo effective April 9, 1979, and further that the Clerk be authorized to advertise for a permanent replacment for the Park Maintenance Department. BUFFER HILLS ADDITION WATER MAIN PETITION A petition was received from Mr. Don Christianson, the owner of Buffer Hills Addition, requesting a fesibility study for the installation of water main to serve Lot 4, Block 1, Buffer Hills Addition, consisting of Project #238. The pre- liminary report for the project was also submitted. Egan moved and Smith seconded the motion, all members voted in favor, to accept the petition and the preliminary report and authorize the City Engineer to prepare plans and specifications and further, that a public hearing be scheduled for May 2, 1979, at the City Hall at 7 p.m. BRITTANY MANOR UTILITIES A petition from the owners of Brittany Manor Addition including Mr. and Mrs. Mickelson and Mr. Tollefson and Mr. Dahm for sanitary sewer, water, storm sewer and streets in proposed Brittany Manor was received. Parranto moved and Smith seconded the motion to accept the petition, to direct the City Engineer to prepare a feasibility report with the understanding that no utilities will be installed until the final plat is approved and recorded and further, to direct the Engineer to prepare the plans and specifications. All members voted in favor. Page Nine April 3, 1979 482 City Council Minutes DEERWOOD DRIVE STREET IMPROVEMENTS A petition for street improvements east of Pilot Knob Road on Deerwood Drive was introduced to the Council. Parranto made a motion and Smith seconded the motion to accept the petition and to direct the City Engineer to prepare a feasibility report. All members voted yes. SAFARI ESTATES FEASIBILITY STUDY The City Engineer prepared a revised preliminary report covering Improvement Project #254 relating to utilities and street improvements in the general area of proposed Safari Estates Addition south of Cliff Road. The Public Works Director recommended that the Council approve the feasibility report and order a public hearing to determine whether the project should be ordered'in. There was discussion concern- ing the advisability of the Council authorizing the extension of trunks and the potential inability to finance the extension because of the excessive number of single family lots, possibility of forcing undeveloped land in the area to develop, the fact that development in that area appeared to be premature, that Safari Estates is an isolated plat a long distance from existing developments, the large demand for trunk funds in other areas of the City and the fact that the utility crossing's for I-35E could be installed independently. Egan moved to accept the report and to schedule a public hearing for May 2, 1979 at 7 p.m. at the City Hall. There was no second and the motion died. No action was taken. WILDERNESS RUN ROAD GRADING PROJECT #267 Parranto moved to accept a petition for improvements and the feasibility report for the grading for Wilderness Run Road extension consisting of Project #267, to order the plans and specifications and to set a public hearing for May 2, 1979, at 7 p.m. at the City Hall; further, that the Clerk be authorized to advertise for bids to be opened on Thursday, April 26, 1979, at 3 p.m. and that the City Administrator determine the uncommitted balance of the consolidated street fund. Egan seconded the motion and all members voted in favor. DENMARK LANE AND DUCKWOOD DRIVE STREET IMPROVEMENTS A petition was received from the abutting property owners along Denmatk Lane and Duckwood Drive at the last Council meeting and a feasibility report was prepared and submitted consisting of Project #269. Public Works Director Colbert presented the report. He indicated that there were two alternates for Duckwood and that the report also included water main and storm sewer improvements. Smith moved and 0 083 Page Ten April 3, 1979 City Council Minutes Parranto seconded the motion, all members voted in favor, to accept the report and to schedule a public hearing for May 2, 1979, at 7 p.m. at the City Hall, to accept the petition of the property owners and further to authorize the City Engineer to prepare the plans and specifications. BEACON HILLS PROJECT #262 The plans and specifications for Beacon Hills street improvements consisting of Project #262 were submitted by the City Engineer and recommended for approval by the Public Works Director. Smith moved and Egan seconded the motion, all members voted yea, to accept the plans and specifications and to authorize the Clerk to advertise for bids to be opened at the City Hall at 3 p.m. on April 27, 1979. VIENNA WOODS UTILITY PROJECT #259 Public Works Director Colbert recommended approval of the plans and specifications prepared by:.the City Engineer. Parranto moved and Egan seconded the motion, all members voted yes, to approve the plans and specifications and to authorize the Clerk to advertise in the legal newspaper for the acceptance of bids to be opened at 3 p.m. at the City Hall on April 27, 1979, covering Project #259. ASSESSMENT HEARINGS City Administrator Hedges recommended that the Council schedule assessment hearings on four projects for May 2, 1979. Smith moved and Parranto seconded the motion, all members voted yea, to accept the recommendation of Mr. Hedges and schedule assessment hearings for the following projects on May 2, 1979, at 7 p.m. at the City Hall. Project #217 - Hilltop Estates utilities. Project #224 - Ches Mar 4th and 5th Additions utilities Project #234 - Cliff Rd. trunk sanitary sewer and water main Project #193 - Ches Mar 3rd Addn. storm sewer assessments REPRESENTATIVE REES - METRO SYSTEM PLAN HOUSE FILE Mayor Murphy requested that the City Council review a proposed bill submitted by Representative Rees to the 1979 Legislature concerning the request for hearings regarding Metropolitan Council System Plans which consist of an amend- ment to M.S.A. 473. No action was taken at the present meeting with later review. 0 084 Page Eleven April 3, 1979 City Council Minutes DUCKWOOD DRIVE AND DENMARK AVENUE BARRICADE Mr. Kenneth Appelbaum, Mr. Geifer and Mr. John Klein appeared regarding a barricade placed by the Eagan Street Department at the instruction of the Council at Denmark Avenue to block public: traffic on the unimproved portion of Denmark Avenue and Duckwood Drive. It was noted that the City Council authorized the barricade because of the potential liability of the City in the event of damage or injury to any person traveling over the unimproved portion of the road. It was noted that the street easement had been acquired from the affected property owners in 1978 and those in appearance objected to the barricades being placed in the locations. The Council had permitted the opening of the street restricted to emergency vehicles only. After discussion, Smith moved and Egan seconded the motion to authorize the removal of the barricades upon the entry into an agreement including a hold harmless provision from Mr. Appelbaum in favor of the City and liability insurance that would indemnify the City from any claim that may be caused by any person who acquires property damage or personal injury as the result of the unimproved streets. The agreement would be in effect until the street is improved, all to be approved and accepted by the City staff. All members voted in favor. D 79-62 MEADOWLAND STREET IMPROVEMENTS Mr. Colbert reviewed with the Council the removal of certain cul-de-sac bubbles on certain streets in Meadowland Addition and recommended the realignment including variances for setbacks from lot lines on affected lots. Plans and specifications for the street improvements were also submitted. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the plans with the realignment of the cul-de-sacs which would include provisions for variances from front setback requirements; further, that the Clerk be authorized to advertise for bids to be opened on May 3, 1979 at 3 p.m. at the City Hall. VIENNA WOODS ADDITION DEVELOPMENT AGREEMENT ADDENDUM Paul Hauge submitted a proposed addendum covering Vienna Woods Addition which had been requested by Mr. and Mrs. Lindo and approved by them regarding assessments along King Road. The staff recommended approval. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the addendum and authorize its execution. D 79-63 0 085 Page Twelve April 3, 1979 City Council Minutes ADMINISTRATIVE INTERN RUSTY FIFIELD City Administrator Hedges recommended the Council authorize the hiring of Rusty Fifield as Administrative Intern on a part time (3 day per week) basis effective April 3, 1979. Egan moved and Wachter seconded the motion, all members voted yes, to approve the recommendation. FEBRUARY 6, 1979, COUNCIL MINUTES AMENDMENT Parranto moved and Murphy seconded the motion to amend the minutes of the City Council of February 6, 1979 at Page 9 to provide that West Publishing Company Second Addition should be West Publishing 2nd Addition. All members voted in favor. VOUCHERS Egan moved and Parranto seconded the motion, all members voted in favor, to approve the following vouchers: 7975-8043; 11891-11980. ADJOURNMENT Parranto moved and Egan seconded the motion, all members voted in favor, to adjourn at 12:10 p.m. Dated: PHH City Clerk