Loading...
04/17/1979 - City Council Regular 0 o86 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 17, 1979 A regular meeting of the Eagan City Council was held on April 17, 1979 at 6:30 p.m. at the Eagan City Hall. Those present were: Mayor Murphy, Councilmembers Egan, Smith, Wachter and Parranto. Also present were: City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. AGENDA After the Pledge of Allegiance, Wachter moved and Smith seconded the motion, all members voted in favor, to approve the agenda as distributed. MINUTES - APRIL 3, 1979 MEETING Egan moved and Wachter seconded the motion to approve the minutes as distributed with the exception that on Page 3 relating to Fire Department physical. fitness; Parranto, Egan, Smith and Wachter voted yes and Murphy voted no. Those in favor of the main motion as amended were all in favor except Murphy who voted no; on Page 4 relating to Thomas Lake Addition final plat, it was understood the City would grant a Quit Claim Deed for the existing street easement along the west line of the plat; and on page 7 relating to Christ Lutheran Church, the motion to approve the application for waiver of plat be approved 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, etc; and on Page 12, that the February 6, 1979 Council minutes amendment of Page 5 relating to West Publishing Company 2nd Addition. $6,385,000 G.O. BOND ISSUE Ernie Clark of Miller & Schroeder appeared with a proposal for the sale of the 1979 G.O. Bonds and submitted a resolution for approval by the City Council. After review, Smith moved and Parranto seconded the motion, all members voted in favor, to approve the resolution and schedule the bond issue and the Clerk be authorized to advertise for bids to be opened on June 6, 1979 at 1 p.m. at the City Hall. Parranto then moved and Egan seconded the motion, all members voted in favor, that a special Council meeting be scheduled for 5:30 p.m. on June 6, 1979 to award the low bid for the G.O. Bond Issue. BOND FILE 0 087 Page Two April 17, 1979 City Council Minutes HEALTH AND DISABILITY INSURANCE POLICY Mr. Irv Helmken, the agent of record for the Eagan employees health and disability insurance policies, appeared regarding the extension of the policies for 1979-1980. He indicated the renewal period is effective April 1'.and with the experience ratio rate of 63.5%, there would be no increase for the second year in a row with the insurance carrier. There was discussion concerning the pregnancy benefits now required by law under federal statute. Wachter moved and Egan seconded the motion that the maternity benefits in the health plan for disability purposes for all female employees and spouses be included in the Eagan insurance plan. All members voted in favor. Smith then moved and Parranto seconded the motion to renew the disability and hospitaliza- tion insurance policy with the same company for one additional year effective April 1, 1979. All members voted in favor. FIRE DEPARTMENT Chief Robert Childers was present. 1. Spring Cleanup. Fire Chief Childers estimated the cost of renting dumpsters for the Spring Cleanup at $960 and asked whether the City would assist in sponsoring the cleanup with the VFD Relief Association. He indicated that the Relief Association would contribute $200, similar to the amount contributed in:-.the past. Parranto moved and Smith seconded the motion, all members voted yea, to approve an expenditure of up to $800 for Spring Cleanup from City general funds, which cleanup is scheduled for April 28, 1979. 2. VFD Relief Association. Al Horrocks, the president of the Relief Association, was present and discussed the Relief Association request to convert to a vested plan, which would provide for 75% of earned benefits after ten years and 100% of earned benefits after 15 years. It would require additional funding of $1,900 per year above present expendi- tures by the City. The Finance Committee Chairman, Mark Parranto, reported on their meeting with the Relief Associa- tion Committee and,'recommended that the vesting rights be added to the Fire Relief Pension Plan with the understanding that the additional amount necessary is included in the present budget. Parranto moved and Smith seconded the motion approving the recommendation. All members voted yea. Page Three 0 088 April 17, 1979 City Council Minutes 3. Fire Station No. 3. The Council and City Administrator Hedges discussed the status of the progress on the plans for the improvements and bond issue scheduled for May 1, 1979. POLICE DEPARTMENT Chief Martin DesLauriers was present. 1. Chief DesLauriers recommended that Bette Jean Parks be hired to fill a vacancy created by the resignation of dispatcher Diane Mosso and further, that he be authorized to seek a replacement for Carolyn Larson who has resigned. Wachter moved and Smith seconded the motion, all members voted in favor, to authorize the hiring of Bette Jean Parks and accepted the resignation of Carolyn Larson and authorized the screening for the replacement. 2. Police Facility Building. A request was received from Mikkelson Construction Company for payment of an additional 5%, leaving a 5% retainage, or about $24,000 on the construc- tion of the Police facility building. It was noted that a subcontractor, Ryan Electric, has failed to pay certain of its subcontractors and claims have been made under the contractor's performance bond for payment. Parranto moved and Wachter seconded the motion, all members voted yes, to authorize the payments subject, however, to the approval of the City Attorney and City Administrator. PUBLIC WORKS DEPARTMENT 1. Lone Oak Road Signal. Mr. Colbert reviewed the request of residents in the area of Lone Oak Road and Woodlark Lane for a crosswalk signal. County Commissioner James Kennedy was present and shared with the City Council the views of the neighboring people and recommended approval of payment by the City Council of 50% of the total estimated cost of $4,000. He indicated he would forward the recommendation of the City Council to the County Board and request their approval to fund 50%. Egan moved and Smith seconded the motion to authorize the installation of an x-walk signal and that the decision of the City Council be forwarded to the County requesting equal cost sharing by the County. All mem- bers voted yes. In addition, the Police Chief was requested to make speed checks before and after the installation. R 79-29 2. Pilot Knob Road Upgrading. The City Councilmembers discussed briefly with Commissioner Kennedy the plans that had been submitted by the Dakota County Highway Department to the City regarding Lone Oak Road. Councilmembers indicated that plans were not prepared in accordance with the request of the City Council and had been returned for additional work. 0 089 Page Four April 17, 1979 City Council Minutes 3. Mr. Colbert indicated that Mike Widstrom had resigned from the Utility Department effective May 1 and asked authorization to commence the procedures to screen applicants. Parranto moved and Wachter seconded the motion, all members voted in favor, to accept the resignation and to authorize the screening of new applicants. CHRIST LUTHERAN CHURCH BUILDING PERMIT City Administrator Hedges reviewed with the City Council the application of Christ Lutheran Church for a building permit for an addition to their structure on County Road 3.0. Roger Fredlund and Dale Peterson were present for the applicant and it.was noted that the following were requested by the Church: a. That a variance be granted to permit the Church to install curbs only at the entrances and around the Church proper and waive the requirement for curb and gutter along the exterior of the parking lots. b. That a three foot variance from the 50 foot setback requirement be granted on a hardship basis for the building. c. That the road unit cost of $225 per net acre not be applied to the existing structure when the addition is constructed. Smith moved and Egan seconded the motion, all members voted in favor except Wachter who did not vote, that the road unit connection charge not be applied to existing church structures when additions are constructed. Mr. Colbert recommended that curb and gutter be included at the entryways to the parking lot and there was discussion concerning general permission not to require churches to have curbs along the exterior of their parking areas. Parranto moved to grant the building permit subject to the following: 1. That concrete curb and gutter be required only along the County road and the entrances to the parking lot and adjacent to the Church. 2. That the three foot variance from the 50 foot setback be granted on the basis of hardship and because the Church will start construction almost immediately. 3. Subject to all other normal City requirements. Egan seconded the motion, all members voted in favor except Wachter who did not vote on the issue. Page Five 0 090 April 17, 1979 City Council Minutes SAFARI ESTATES Byron Watschke was present and had requested time on the agenda to discuss briefly the action that was taken by the City Council at the April 3, 1979 meeting when the Council did not act on the request that the feasibility report for utilities in the area be scheduled for public hearing. ilr. Watschke updated the City Council on the development progress of the general area, including I-35E and indicated that it would be necessary to get trunks under I-35E before construc- tion and that the bypass road is scheduled for bidding in May of 1979 by Mn/DOT. After considerable discussion, Wachter moved to accept the feasibility report and schedule a public hearing for May 15, 1979, at 7 p.m. at the City Hall. Egan seconded,.the motion. Those in favor were: Wachter, Egan and Murphy. Those against were: Parranto and Smith for the reasons that were given at the last City Council meeting. Mr. Parranto asked that the staff prepare a report concerning the requirement placed upon the developer of Evergreen Park for extension of utilities to that subdivision when that subdivision was first developed. METRO SYSTEMS PLAN 1979 LEGISLATION The City Council, together with the City Attorney, reviewed a proposed bill prepared for the 1979 Legislature by Representative Rees of Scott County providing that any local city or person presenting a signed petitionof 2,500 people from a single local government unit may petition the Metro Council to suspend, amend or repeal any provision on the Metropolitan Systems Plan, provide for assistance in funding of the hearing and the procedural processes of the hearing. There was considerable discussion by proponents and opponents of the bill and there was concern by Councilmembers indicating that it would be more feasible that 100 to 500 people sign the petition rather than 2,500 in order to be effective for smaller communities. In addition, there were recommendations on changing the cost factor and the City Administrator was asked to prepare a letter to be forwarded to Representative Rees expressing the concerns of the City Council. No action was taken. EAGAN HOUSE FILE 1069 - HOUSING FINANCE PROGRAM City Administrator Hedges reviewed with the Council, House File 1069 introduced by Representative Ray Kempe and also introduced into the Senate which would grant the City of Eagan the right to provide tax exempt home mortgage loans under the framework of a housing finance program. He indicated hearings have been held and the City Administrator has testi- fied on two occasions. He further stated that the statewide bill is in Committee. Egan moved and Parranto seconded the motion, all members voted in favor, to adopt the resolution prepared by the City Attorney for the support of House File 1069 and forward it to the appropriate Legislators. R 79-30 0 091 Page Six April 17, 1979 City Council Minutes OFF-SALE LIQUOR LICENSE POLICY Mr. and Mrs. Mark McRae was present and explained their proposal that the Council consider an amendment to the off- sale liquor license policy by increasing the number of off- sale liquor licenses that can be issued by the City from three to four or more. They made a detailed study indicating that the licenses per number of residents in the City reflected a large number of residents per license in relation to other municipalities. It was noted that the two off-sale liquor licenses are allowed under present policy and that three have been issued with two package stores opened. No action was taken and further information will be reviewed. CARRIAGE HILLS GOLF COURSE ON-SALE BEER LICENSE Tom Westbrook, the manager of Carriage Hills Golf Course,appeared on behalf of the application of William Smith for conditional use permit for on-sale beer license and for the approval of a beer license and wine license. Wachter moved and Egan seconded the motion to accept the recommendation of the APC and grant a conditional use permit for wine and beer. All members voted in favor. Egan then moved and Smith seconded the motion to grant the 3.2 beer license. Smith later moved to rescind the portion of the conditional use permit approval motion regarding wine and requested that in the event the applicants desired wine that they submit an application for conditional use permit for that purpose because of the requirement of food being served in establishments with wine licenses. Parranto seconded the motion and all members voted yes. ST. JOHN NEUMANN PRELIMINARY PLAT AND SITE PLAN Mr. Dan Gallagher, architect, and other representatives of St. John Neumann Catholic Church were present regarding its application for preliminary plat approval and site plan approval at the southeast corner of Deerwood Drive and Pilot Knob Road. Mr. Gallagher reviewed the plans and details and the APC recommended approval subject to conditions. There was considerable discussion concerning the road right-of-way requirement and Mr. Colbert stated that Dakota County now has fixed the future center line at the existing center line of Pilot Knob Road. It was noted that existing center line is east of the section line and that the City and County have been consistent in requiring the existing center line be the edge of the right-of-way. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the preliminary plat, subject to the grant of a 75 foot half right- of-way easement running easterly of the existing center line of County Road #31. All members voted yes. Parranto then moved and Egan seconded the motion, all members voted in favor, to approve the site plan for the area with the following conditions: Page Seven 0 092 April 17, 1979 City Council Minutes 1. That the parking area be surfaced with concrete curbing installed at the entrances to the lot from the two roads and also curbing along the County road in addition to curbing adjacent to the Church, but exclude the curbing requirement on the perimeter of the parking lot. 2. That a $1,000 landscape bond be submitted to the City for approval. 3. All other necessary requirements of the City. Other neighboring residents appeared including Alyce Bolke and requested that the construction access to the site be exclusively from Pilot Knob Road because of the poor condition of Deerwood Drive. Parranto moved and Smith seconded the motion, all members voted in favor to require construction access from Pilot Knob Road only. D 79-64 PATRICK MALONEY LOT SPLIT Mr. and Mrs. Patrick Maloney appeared regarding their application for waiver from subdivision regulations to split Lot 8, Block 3, Cedar Grove No. 3 on Rahn Road lying adajcent to the 60 foot gas easement. It was noted that the partial release of easement would reduce the 60 foot easement to a 33 foot easement, and Mr. Maloney explained the reasons why their application has been submitted. Neighboring owners were present and objected to the applications. The minutes of the Planning Commission were reviewed recommending denial of the application. There was a question of precedence and also a safety factor regarding the nearness to the gas main and potential danger from gas main breaks. Smith moved and Wachter seconded the motion, all members voted in favor, to deny the application on the basis of the reasons stated above including those that were made by the Advisory Planning Commission, noting that there was no hardship involved. CEDARVALE LIQUOR OFF-SALE LICENSE TRANSFER Representatives of Applebaums Food Stores were present regarding their application to transfer the Cedarvale off-sale liquor license from Applebaum Food Markets, Inc., to Applebaum Company, Inc. It was noted that Applebaum Food Markets, Inc., has entered into an agreement for a plan of merger with a subsidiary of National Tea Company and the request was that the application for transfer be approved only if the merger is completed. The FTC is now objecting to the merger. Smith moved and Egan seconded the motion, all members voted yea, to grant the transfer noting that the staff had no objections subject, however, to request by the application for the final transfer. 0 093 Page Eight April 17, 1979 City Council Minutes BLUE CROSS - MINNESOTA OPERA ASSOCIATION GAMBLING LICENSE The application from Blue Cross and Blue Shield of Minnesota for gambling license for a benefit night at the Blue Cross facility on May 12 for the Minnesota Opera Association was discussed by the City Administrator. The City staff had reviewed the application and had no objections, noting that Blue Cross would comply with the State statute and City ordi- nance regarding gambling. After discussion, Parranto moved and Smith seconded the motion, all members voted in favor, to approve the application subject to normal ordinance requirements. PEOPLES GAS RATE INCREASE A letter from Vern Mohlis of Peoples Gas Company notifying the City of increase in rates of 1.09E per mcf effective April 24, 1979, was reviewed. No action was taken by the Council. CHES MAR EAST FIRST ADDITION - PROJECT #79-3(Project #261) Mr. Colbert indicated the bid opening for the project was held at 3 p.m. on Thursday, April 12, 1979, and the City Engineer recommended that the City Council award the contract to the low bidder, Fredrickson Excavating Company in the sum of $361,523.20. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the low bid and award the .'contract to Fredrickson Excavating Company. BEACON HILLS UTILITY - PROJECT #79-1 Bids were received for Beacon Hills utility improvements at 3 p.m. on April 12, 1979. The Public Works Director recommended award to the low bidder, Fredrickson Excavating Company, in the sum of $555,720.70. Smith moved and Egan seconded the motion, all members voted in favor, to approve the low bid and award the contract to Fredrickson Excavating Company. PROJECTS #257, #186, #241 PLANS AND SPECIFICATIONS The plans and specifications for Project #257, Blackhawk Lake storm sewer, Project #186 Cedar Avenue trunk storm sewer and Project #241 Wilderness Run Road, Lakeside Estates and Dodd Road utilities was next presented by City Engineer Rosene. There was discussion concerning the Heine Lake storm sewer trunk bypass proposal and the recommendation of the Assessment Committee that it was not formally presented to the Council. Motion was made by Parranto and seconded by Smith to approve the plans and specifications for Project #257, to authorize the Clerk to advertise for bids to be opened on May 11, 1979, at 3 p.m. at the City Hall and to proceed with the application to DNR with or without the alternate including the lateral around Heine Lake. All members voted yes. Page Nine 0 094 April 17, 1979 City Council Minutes HEINE LAKE - PROJECT #257 Councilmember Wachter then moved to authorize the Engineer to prepare a feasibility report for the lateral storm sewer project for the east end of Heine Lake and the hearing date be scheduled for June 5, 1979, at 7 p.m. at the City Hall. Egan seconded the motion. All members voted yes. PROJECT #241 - PROJECT #79-11 PLANS AND SPECIFICATIONS, WILDERNESS RUN ROAD, ETC., UTILITIES There was discussion concerning the adeq.uacy)of'road funds for the proposed grading of Wilderness Run Road. Wachter moved and Murphy seconded the motion to approve the plans and specifications for Project #241 (Project #79-11) covering Wilderness Run Road, Lakeside Estates and Dodd Road utilities and to authorize the Clerk to advertise for bids in the legal newspaper to be accepted on May 10, 1979 at 3 p.m. at the City Hall. All members voted yes. PROJECT #79-9 TRUNK HIGHWAY #13 The plans and specifications for the Cedar Avenue storm sewer replacement and trunk water main location at Highway #13 and Silver Bell Road-,and miscellaneous additional work were presented by the City Engineer. He indicated that approval from Mn/DOT would be required before proceeding with the project which had been requested by Mn/DOT. Egan moved and Wachter seconded the motion, all members voted yea, to approve the plans and specifications and to request approval by Mn/DOT before proceeding. R 79-31 CEDAR AVENUE AND HIGHWAY #13 RELOCATION PLANS The Engineer submitted the plans and specifications for the Cedar Avenue and Highway #13 12 inch and 13 inch water main relocation and the Engineer recommended approval. Egan moved and Murphy seconded the motion, all members voted in favor, to approve the plans and specifications according to the resolution that was submitted to the Council. R 79-32 PROJECT #265 LAKE PARK ADDITION The feasibility report covering streets and utilities for Lake Park Addition was presented by.the City Engineer. Smith moved and Wachter seconded the motion to accept the report and to authorize a hearing to be scheduled and adver- tised for May 15, 1979 at 7 p.m. at the City Hall. All members voted in favor except Parranto who refrained from voting. Page Ten April 17, 1979 City Council Minutes PROJECT #272 - BRITTANY MANOR The plans for streets and utilities in proposed Brittany Manor Addition were next presented by City Engineer Rosene. Mr. Colbert recommended acceptance of the report and scheduling a hearing. Parranto moved and Egan seconded the motion, all members voted yes, to accept the report and set a public hearing for May 15, 1979 at 7 p.m. at the City Hall. PROJECT #198A CEDAR RIDGE UTILITIES The request for final payment for Cedar Ridge utilites Project #198A in the sum of $25,479.23 was presented. Mr. Colbert recommended approval. Smith moved and Wachter seconded the motion, all members voted in favor, to authorize the final payment. WATER MAIN RELOCATION AGREEMENT Mr. Colbert reviewed a relocation agreement and contract for Quit Claim Deed from Mn/DOT covering Trunk Highway #13 relocation in the vicinity of Silver Bell Road for relocation of a trunk water main. He recommended approval. Upon motion by Smith and seconded by Parranto with all members voting yea, it was RESOLVED that the agreement and contract for Quit Claim Deed be approved. R 79-33 D 79-65 CEDAR AVENUE AND CLIFF ROAD FRONTAGE ROAD Mr. Rosene stated that Mn/DOT had proposed to construct a frontage road west of Cedar Avenue from Cliff Road covering part of James Avenue with an estimated cost of $26,000. Parranto moved and Egan seconded the motion, all members voted yea, to order a feasibility report for the frontage road and James Avenue. CEDAR AVENUE - CLIFF ROAD IMPROVEMENTS Another request from Mn/DOT that the City install improvements on that portion of Cliff Road lying east of existing Cedar Avenue to improve from rural to urban cross- section approximately 400 feet was next considered. Parranto moved and Wachter seconded the motion, all members voted in favor, to order a feasibility report and cost sharing agree- ment with Dakota County for that portion running east of existing Cedar Avenue, and further that the staff make a determination as to what portion of the City's cost could be assessed against benefited owners. 0 096 Page Eleven April 17, 1979 City Council Minutes SILVER BELL ROAD REALIGNMENT Mr. Colbert then reviewed briefly the proposed realign- ment of Trunk Highway #13 at Silver Bell Road and requested authorization for preparation of the preliminary report. Egan moved and Smith seconded the motion, all members voted in favor, to authorize the City Engineer to prepare a feasibility report and report back to the Council. WESCOTT HILLS FOURTH ADDITION DEVELOPMENT CONTRACT City Attorney Hauge submitted a proposed Development Agreement between Yankee Doodle Development Company and the City of Eagan covering Wescott Hills Fourth Addition on Yankee Doodle Road and recommended approval. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the contract and order its signing. D 79-66 THOMAS LAKE ROAD PAYMENTS City Attorney Hauge stated that all necessary ease- ments on Thomas Lake Road under Project #237 have now been acquired and that the action in the Minnesota Supreme Court entitled Baker vs. City of Eagan can now be dismissed. He recommended payment of the agreed upon amounts with the Scherers, Smiths and Barkers as proposed at a prior meeting. Egan moved and Murphy seconded the motion, all members voted in favor, to approve the payment specified for each of the owners on Thomas Lake Road. FIRE HALL NO. 3 The Public Works Committee recommended that the City Council accept the recommendation of the Building Committee and Public Works Committee for the plans for the exterior elevation. Wachter moved and Parranto seconded the motion, all members voted in favor, to accept the scheme for exterior elevation as recommended. UNIVAC SOFTBALL 3.2. LICENSE Application of Thomas Hollenkamp for temporary 3.2 beer license for April 28 on the Univac ballfields was next considered. Wachter moved and Smith seconded the motion, all members voted in favor, to issue the temporary permit. GEOLOGICAL SURVEY AGREEMENT The Geological Survey Agreement with the U.S. Department of Interior covering water quality survey in the City was next reviewed. Smith moved and Egan seconded the motion, all members voted in favor, to approve. D 79-67 Page Twelve 0 09? April 17, 1979 City Council Minutes POPPY DAY Mayor Murphy proclaimed May 11 and 12 as poppy days in the City and authorized the issuance of a proclamation. D 79-68 LIBRARY - CITY FACILITY SITE The City Administrator showed four alternate plans for the City owned site including the proposed library on the east side of Pilot Knob Road and Wescott Road which drawings were prepared by Urban Planning. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the north access site as displayed to the Council entitled "Plan D" and authorized it to be forwarded to the Dakota County Library Board. COUNTY ROAD #30 SPEED REQUEST The Councilmembers discussed a proposed speed request Of 30 mph maximum on County Road #30 from Blackhawk Road to existing Cedar Avenue. Smith moved and Wachter seconded the motion, all members voted yes, to request the County Board in turn forward the request to Mn/DOT for 30 mph limit on County Road #30 as described above. R 79-34 COUNCIL MEETING GUIDELINES Councilmember Smith recommended certain guidelines be established for presentations, including hearings, before the City Council. He suggested a 15 minute maximum for proponents and 15 minutes for rebuttal with 3 to 5 minutes for each person making comments with a maximum of one presentation per person. The City Administrator was requested to prepare proposed guidelines for review by the Council. VOUCHERS Egan moved and Wachter seconded the motion, all members voted in favor, to approve the following vouchers: 647-656; 8004-8119; 11981-12113. ADJOURNMENT Wachter moved and Murphy seconded the motion, all members voted in favor, to adjourn at 12:30 p.m. DATED: PHH City Clerk