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05/02/1979 - City Council Regular 0 098 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 2, 1979 A regular meeting of the Eagan City Council was held on May 2, 1979 at 6:30 p.m. at the Eagan City Hall. Those present were: Mayor Murphy, Councilmembers Parranto, Egan, Smith and Wachter. Also present were: City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. AGENDA Wachter moved and Egan seconded the motion, all members voted in favor, to approve the agenda as distributed. MINUTES Upon motion by Parranto and seconded by Wachter, all members voting yes, it was RESOLVED that the minutes of the April 17, 1979 meeting be approved with the addition that on page 10 relating to Project #257, Heine Lake, Egan seconded the motion, and on page 6 relating to Metro Systems Plan 1979 Legislation that there was considerable discussion by proponents and opponents of the bill and there was concern by certain Council members regarding the petition. FIRE HALL ELECTION BALLOT CANVAS City Administrator Hedges reviewed the returns from the May 1, 1979 Fire Hall Bond Election and indicated that the results showed 723 voters in favor and 52 voters against the bond issue. After review by the Council, Smith moved and Wachter seconded the motion, all members voted in favor, to approve the election returns of the May 1, 1979, special election as they appeared and was presented by the election judges. Fire Chief Bob"-Childers was present and thanked the Council and all who cooperated in making the election successful. D 79-69 POLICE DEPARTMENT Police Chief Martin DesLauriers was present. 1. Dispatcher. Police Chief DesLauriers recommended that JoAnne Marilyn Arbour be hired to replace the part-time dispatcher, Carolyn Larson, effective May 3, 1979. Wachter moved and Parranto seconded the motion, all members voted yea, to approve the recommendation. 0 099 Page Two May 2, 1979 City Council Minutes 2. Squad Car Disposal. Mr. DesLauriers then stated that three new squad cars ordered through the Hennepin County Purchasing Program had been received and discussed the disposal of three existing squad cars including a 1978 LTD II Ford and two 1977 '.LTD Fords and suggested that because the City Public Works Department may have use for one auto- mobile, that the Administrator's office review the possibility of keeping one automobile and selling the other two. Smith moved and Wachter seconded the motion, all members voted in favor, to authorize the City Clerk to advertise for bids for the three squad cars to be received and accepted on June 4, 1979, at 3 p.m. at the City Hall and that the Administrator's office determine whether to recommend that one squad car be retained by the Public Works Department. 3. Police Building Fencing. Three quotes for fencing on the north side of the Police facility for security purposes were submitted for review. The low quote of East Area Fence and Supply Company in the sum of $698.85 was recommended for approval by the Police Chief. Wachter moved and Parranto seconded the motion, all members voted yes, to approve the recommendation. 4. Lone Oak Road Speed Survey. Mr. DesLauriers briefly reported on the speed survey on Lone Oak Road and stated that it was estimated that the speed had been reduced by approxi- mately 5 m.p.h. since the installation of the 30 m.p.h. speed signs. COMPLAINTS - MOTORCYCLES AND ATV'S Councilmember Wachter reported about complaints on the Armagost property about the use of motorcycles and all terrain vehicles. The Police Department was requested to review the matter. PARK DEPARTMENT Park Director Barbara Schmidt appeared. 1. Tree Inspector. Mrs. Schmidt recommended the hiring of Tom Schuster as the part-time tree inspector. Smith moved and Egan seconded the motion to hire the tree inspector effective June 1, 1979, through October of 1979. All members voted in favor except Murphy who voted no because he indicated that the tree inspector should be hired for three months only. 2. Park Maintenance and CETA positions. Barbara Schmidt stated that she received about 150 applications and inquiries for one park maintenance position and recommended that with the large number of applicants and qualified persons that the Council 0 100 Page Three May 2, 1979 City Council Minutes authorize the hiring of a park maintenance person and two CETA park maintenance helpers. Upon motion by Smith and seconded by Parranto, all members voted yes, it was RESOLVED that the recommendation of the Park Director for one full time person and the two CETA part-time maintenance persons be approved. PUBLIC WORKS DEPARTMENT 1. Street Sweeping. He discussed the street sweeping progress to date and recommended authorization for quotes for completion of street sweeping for 1979. Smith moved and Wachter seconded the motion, all members voted in favor, to acquire quotes for the balance of the street sweeping program for 1979. 2. Street Lights. Mr. Colbert reported concerning the installation of street light poles to date and stated that of twenty-one subdivisions requiring light poles to be installed, 12 had begun work prior to the street light ordinance and Council action on October 3, 1978, and 9 sub- sequent to that date. City policy requires concrete light poles be installed in new subdivisions. He recommended that the Council reconsider the exclusive use of concrete poles and allow wood poles because of their versatility, lower cost, and the difficulty in acquiring concrete poles. Wachter moved to rescind the previous policy of the Council and to require wood poles for new subdivisions in the City. Parranto seconded the motion and all members voted yes except Smith who voted no. 3.. Major Intersection Light Poles. Upon the recommen- dation of Mr. Colbert, upon motion by Egan and seconded by Wachter, all members voting yes, it was RESOLVED that developers be required to install poles and street lights at their cost with major street intersections on the border of the new subdivisions in the City in the future. HILLTOP ESTATES UTILITY AND STORM SEWER ASSESSMENT HEARING - PROJECT #217 Mayor Murphy convened the assessment hearing regarding Improvement Project #217 relating to Hilltop Estates utilities and storm sewer. There were no objections. City Administrator Hedges explained the assessment project and recommended 8% interest rate with assessments spread over a ten year period. Parranto moved and Egan seconded the motion to close the hearing, to accept the assessment roll and to set the interest rate at 8% with assessments to be spread over 10 years; and further, that the Clerk be authorized to certify the assessment roll to the County Auditor. All members voted in favor. 0 101 Page Four May 2, 1979 City Council Minutes CHES MAR SECOND AND THIRD ADDITION STORM SEWER ASSESSMENTS - PROJECT #193 The next public hearing convened by the Mayor regarded Project #193 for Ches Mar Second and Third Additions. There were no objections. The assessment rates for trunk storm sewer would be $.026 per square foot with a 15 year spread at 8% interest. The City Administrator reviewed the project. Wachter moved and Egan seconded the motion, all members voted in favor, to accept the recommendation, to approve the assessment roll, accept the spread over 15 years at 8% interest and to authorize the roll to be certified and forwarded to the County Auditor. CHES MAR FOURTH AND FIFTH ADDITION UTILITIES AND STORM SEWER ASSESSMENTS - PROJECT #224 After review, the Mayor convened the public hearing regarding the assessments for Project #224 consisting of Ches Mar Fourth and Fifth utilities and storm sewer. The City Administrator briefly reviewed the project and there were no objections. Egan made a motion and Wachter seconded the motion to approve the roll, to accept the recommendations of the staff regarding the assessment spread and interest, to close the public hearing and authorize the Clerk to certify the roll to the County Auditor. All members voted in favor. CLIFF ROAD SANITARY SEWER AND WATER ASSESSMENTS - PROJECT #234 Mayor Murphy then convened the public hearing for assessments concerning Improvement Project #234 covering Cliff Road sanitary sewer and water assessments. Mr. Hedges stated that 1978 rates were used in the roll and a number of affected residents were present with questions. Certain affected residents objected to the water area assessments and it was noted that any owner who grants a ponding easement to the City for lake or pond area would be relieved of his area assessments for such easement area. Smith moved to'close the hearing, to approve the assessment roll, and to authorize the Clerk to certify the roll to the County Auditor. Egan seconded the motion and all members voted yea. BUFFER HILLS UTILITY PROJECT #238 Mayor Murphy convened the hearing regarding Improvement Project #238 covering Buffer Hills Addition utilities. City Engineer Bob Rosene explained the project and Don Christiansen, the developer, appeared and had no objections. Upon motion by Parranto and seconded by Smith, it was RESOLVED to close the hearing, to order in the project and to proceed with the plans and specifications. All members voted in favor. Page Five 0 1(2 May 2, 1979 City Council Minutes WILDERNESS RUN ROAD PROJECT #267 Mayor Murphy convened the next hearing regarding Improvement Project #267 covering Wilderness Run Road rough grading. There were no objections to the project. The City Engineer reviewed the project and there were questions con- cerning the ability of the road fund to handle the current road projects being proposed throughout the City. Council- members indicated that it appeared that there were sufficient funds in the road fund to cover current road projects. Wachter moved and Egan seconded the motion, all members voted yes, to close the hearing and order in the project and to authorize the City Engineer to prepare the plans and specifications. Parranto then moved and Wachter seconded the motion, all members voted in favor, to authorize the staff to blockade both ends of Wilderness Run Road at Dodd Road and Lexington Avenue and posted for "no through traffic" with the under- standing that all affected owners who would be assessed for the improvements consent to the blocking of the road until it is improved to City standards. DUCKWOOD DRIVE AND DENMARK DRIVE - PROJECT #269 The hearing was convened concerning Project #269 covering street improvements for Duckwood Drive and Denmark Avenue. Several affected owners were present and there were no objections. The City Engineer explained the project and reviewed an alternate for urban cross section or 24 foot width street with rural cross section. He recommended the rural cross section at the present in order to provide for a change order to the existing Duckwood Drive road improvement contract and that the urban cross section be done at a later time. Wachter moved and Smith seconded the motion, all members voted in favor, to close the hearing, to order in the project and to provide for rural cross section improvements at the present time. SUNSET ADDITION Mr. Phillip Brandt, applicant, and Del Schwanz, surveyor, appeared regarding Mr. Brandt's application for rezoning from Agricultural to R-1, Residential Single, and preliminary plat approval of Sunset Addition lying west of Dodd Road on Hackmore Drive. Mr. Schwanz discussed proposed drainage including an agreement to pond Lot 1, Block 1, and Lot 6, Block 2, for temporary drainage purposes and in addition, the developer would install a drainage swail along the east line of the plat. There was a question as to whether there was a 60 foot easement easterly to Dodd Road on Hackmore Drive. Wachter moved and Egan seconded the motion, all members voted yes, to approve the preliminary plat for Sunset Addition and rezoning 0 103 Page Six May 2, 1979 City Council Minute from A to R-1 all according to the Advisory Planning Commission recommendations including conditioned upon the acquisition of a 60 foot right-of-way from the west line of Sunset Addition extended southerly and easterly to Dodd Road and, further, to provide for the temporary ponding easements in the southwest corner and northeast corner lots as proposed by the developer. R 79-35 D 79-70 PILOT KNOB ROAD FEASIBILITY REPORT Public Works Director Colbert reviewed with the Council the feasibility report for Pilot Knob Road improvements from Yankee Doodle Road to 1-494. A plan submitted by the Dakota County Highway Department was reviewed by Mr. Colbert to consider: 1. The improvement of Pilot Knob Road as a two-lane rural section; 2. and as a four-lane urbanized section from the inter- section of County Road #28 to 1-494. A schematic feasibility study was submitted and reviewed by Mr. Colbert and City Engineer Rosene. There were questions from the audience regarding the right-of-way plans, proposed signalizing of the intersections and questions by some affected persons regarding access to property adjacent to Pilot Knob Road. Mr. Colbert requested authorization by the Council to have the Dakota County Highway Department prepare more detailed plans for public hearing and recommended urban section four-lane to show detailed plans. He also suggested updating the storm drainage information. Wachter moved and Egan seconded the motion, all members voted in favor, to schedule an informal meeting of the City Council on May 29, 1979, at 7 p. m. regarding the Pilot Knob Road feasibility report. MEADOWLAND FINAL PLAT AND DEVELOPMENT AGREEMENT AMENDMENT City Administrator Hedges explained to the Council a request of the owners of Meadowland Addition that the park area running in conjunction with the Northern States Power transmission line be restricted to no snowmobiles over the all purpose trail. Mr. Dave Sellergren, attorney for Dunn & Curry, was present and explained the reasons for the request. He suggested the Council adopt an ordinance prohibiting snowmobile use on the route and that the Council accept the easements and Warranty Deed on the park land with no snowmo- biling restrictions. Councilmember Smith pointed out that there are no exceptions made to the current policy that allows snowmobiles, that there have been no significant snowmobile Page Seven 0 104 May 2, 1979 City Council Minutes problems in recent years, it would be difficult to enforce, that it is on the major route for the cross country trail, and recommended against changing the policy regarding snowmobiles. No action was taken by the Council. It was noted that some revisions to the Development Agreement timing had been reviewed by the City staff but no action was required. CAMERON COURT ADDITION FINAL PLAT APPROVAL Mr. Richard Grekoff appeared regarding his application for final plat approval of Cameron Court which he desires to be called Southwind. The City Administrator and Attorney Hauge reviewed the requirements and indicated that the City policy is that the original name Cameron Court or Cameron Addition should be retained rather than change to Southwind. In addition, the PUD Agreement has not been signed by the developer. Parranto moved and Smith seconded the motion, all members voted in favor except Egan who voted no, to approve the final plat of Cameron Court subject, however, to the submission of the PUD Agreement and Development Agreement and completion of all other ordinances and regulations of the City. D 79-71 R 79-36 WESCOTT HILLS FOURTH ADDITION Mr. Pat Gallagher, attorney, appeared on behalf of the application of Yankee Doodle Development Company for final plat approval of Wescott Hills Fourth Addition on Yankee Doodle Road. The Development Agreement appeared to be in order. Wachter moved and Egan seconded the motion, all members voted yes, to approve the final plat subject to all ordinance requirements including park dedication. R 79-37 D 79-72 CHARLES JAMES NEIGHBORHOOD CENTER - HILLTOP Mr. Charlie James and Stelios Astelinidos, planner, appeared on behalf of the application of Mr. James for plan approval for neighborhood shopping center at the northeast corner of Pilot Knob Road and County Road #30. The APC recommended approval of all applications except recommended denial of the variance to delete service bays in the proposed service station. Mr. James explained that service bays are no longer the standard practice with filling stations and requested the Council allow the deletion of service bays and approval of the other applications including conditional use permit Page Eight 0 1o May 2, 1979 City Council Minutes There was discussion concerning location of service stations that have been eliminated throughout the City and the need to provide for servicing of automobiles for the influx of population. There was also the discussion as to need for a service drive around the rear of the center for emergency and service deliveries. In addition, there was considerable discussion concerning an alternate access in the form of a service drive potentially in the future along Pilot Knob Road and the developer indicated that he would be willing to grant such an easement to the County or City if requested. It was further noted that at least 10,000 square feet of retail space is required before a service station permit is granted in a shopping center. After considerable discussion, Parranto moved and Wachter seconded the motion, all members voted yea, to approve the waiver of the 12 month provision under the zoning ordinance to permit reconsideration of the conditional use permit for reasons of miscommunications between the staff and the applicant in 1978 and to approve the plan for the neighborhood business center with the following conditions: a. All recommendations of the Planning Commission. b. That a landscaping plan be submitted to the City's satisfaction. c. That the developer and owner will agree to dedicate adequate access including frontage road parallel to Pilot Knob Road at the request of the City or Dakota County for access northerly to Berry Ridge Road if requested and that such dedi- cation will be made at no cost to the City or County. d. To provide for access around the rear of the pro- posed shopping center buildings to provide for delivery vans and for emergency purposes. No action was taken on the request for conditional use permit for service station nor the request for variance to delete service bays for the reason that it appeared that the applicant would not comply with the 10,000 square foot require- ment and in addition, to permit the applicant to review the proposal and submit an application for filling station permit at a later time. CARSON-PIRIE-SCOTT INDUSTRIAL REVENUE BONDS Mr. Richard Helde of the Faegre and Benson law firm, together with representatives of Carson, Pirie, Scott appeared regarding its application for approval by the City Council of industrial revenue bond financing in the sum of $2,750,000 for 0 106 Page Nine May 2, 1979 City Council Minutes the construction of a warehouse in the Eagandale Center Industrial Park. The purpose of the warehouse is to house a wholesale distribution floor covering operation. The Finance Committee chairman, Mr. Parranto, reported that the committee had reviewed the application and found the application to conform with the criteria of the industrial revenue financing with the exception that the land acquisition clause should not be included in the bond issue according to previous policy and practice of the City Council. After discussion, Parranto moved and Smith seconded the motion, all members voted in favor, to approve the resolution for industrial revenue bond financing for Carson, Pirie, Scott and Company pursuant to its application in an amount not to exceed $2.5 million which sum shall exclude the land acquisition cost. BOND FILE COACHMAN OAKS IDR BOND FINAL RESOLUTION City Attorney Paul Hauge opened the discussion regarding the request of Rosewood Corporation for approval of final re- solution for industrial revenue financing for the Coachman Oaks multi-family rental housing project on Coachman Road. Questions had arisen by staff and Councilmembers regarding the recent legislation submitted by Representative Al Ullman of Oregon to the U.S. House of Representatives restricting the tax exempt status of industrial revenue financing for residential construction. Mr. Hauge indicated that he had consulted several bond counsel including the Dorsey office, and Faegre & Benson. In their opinions, an IDR bond issue for rental housing where the capital expenditures by the developers, owners and related parties do not exceed $10 million~,fbr a peri.od.of three years prior to and three years subsequent to the IDR bond issue would fit as an exemption under the proposed Ullman bill. The City Attorney recommended that there be an adequate hold harmless clause indemnifying the City from any claim that may be made against it as a result of the bond issue, that a statement from the owners, developers and all related parties be executed and submitted that they will not exceed the $10 million capital expenditure limit provided in the proposed Ullman bill and that the approval attorney's opinion state that the issue does comply with the existing state and federal law including the Internal Revenue Code and proposed federal legislation. Catherine Barttlet of the Dorsey office was present and explained the position of the bond counsel for the issue. Ted Yoch was present for the developer; Attorney Howard Stacker for the developer, Russ Prince of Juran and Moody and other Page Ten 0 10 7 May 2, 1979 City Council Minutes interested persons were present in relation to the application. There were questions from Councilmembers and the inducement letter to be signed by all parties in interest was reviewed in detail. Ms. Barttlet and Mr. Stacker indicated that in their opinions that the inducement letter contained sufficient indemnification for the City in the event any claims against Eagan result from the issue; they further stated that in the event that the tax exempt status of the interest on the bonds become taxable at some time in the future that the bonds would then be called and further, that FHA will insure the mortgage. In the event the property is sold for condominium purposes, the bonds will then be required to be paid off according to Mr. Yoch. After considerable discussion, Parranto moved and Smith seconded the motion, to approve the final resolution regarding the Coachman Oaks IDR bond issue pursuant to the resolution as found in the bond file subject, however, to final review and approval by the City Administrator and City Attorney. All members voted in favor except Egan who voted no. BOND FILE ROGER OLSON PROPERTY Mr. John Klein appeared on behalf of his request that the City Council review the Roger and Shirley Olson property on Pilot Knob Road for possible zoning ordinance violations regarding the parking of trucks in the residential area. City Administrator Hedges and City Attorney Hauge stated that additional facts should be gathered in order to make a recommendation to the Council and the Council asked that a report be made at the next regular meeting. PROJECT #238 - BUFFER HILLS WATER MAIN The City Engineer submitted plans and specifications for Project #238 regarding water main to Buffer Hills Addition and recommended that bids be advertised. Upon motion by Parranto and seconded by Egan, all members voted in favor, it was RESOLVED that the City Council approve the plans and specifi- cations for Project #238 consisting of Buffer Hills water main and authorize the Change Order #2 for Project #221A. PROJECT #269 - DUCKWOOD DRIVE The next set of plans and specifications were submitted regarding Project #269 - Duckwood Drive. The Public Works Director recommended approval. Parranto moved and Wachter seconded the motion, all members voted yes, to approve the plans and specifications for Project #269 and further, that Change Order #1 for Project #221A and Change Order #1 for Project #237 be authorized. Page Eleven U 1013 May 2, 1979 City Council Minutes PROJECT #225 - WESCOTT ROAD SIDEWALK AND TRAIL CONSTRUCTION City Public Works Director Colbert, together with Park Director Barbara Schmidt, recommended to the Council that it would be in the City's best interest to construct a 10 foot wide bituminous trail along the south side of Wescott Road in lieu of the 5 foot concrete sidewalk approved with the plans, which would result in a $140 deduct. Councilmembers discussed the proposed width of trails and whether concrete or bituminous materials should be required. The matter was held over and continued to the next meeting for further staff review and recommendation. IMPROVEMENT PROJECT CONTRACT AWARDS The Public Works Director recommended the award of the low bid for each of the following projects: Name of Low Bidder Amount of Bid Project #230 McNamara Vivant Contracting $ 49,057.50 Project #259 Encon Utilities 397,311.00 Project #262 McNamara Vivant 299,675.00 Project #267 Enebak Construction 82,460.00 Upon motion by Wachter and seconded by Egan, all members voting in favor, it was RESOLVED that the low bid for each of the foregoing contracts be and hereby is approved and the contract be awarded according to the recommendation of the City Public Works Director. MN/DOT AGREEMENT TRAFFIC SIGNALS AT CLIFF AND CEDAR AVENUES A proposed agreement with Mn/DOT for temporary signals at Cliff Road and Cedar Avenue was reviewed by the Public Works Director. The Councilmembers had questions as to the exact location of the temporary signals and requested further information at the next Council meeting. PROJECT #270 - HEINE ADDITION STORM SEWER EXTENSION The City Engineer submitted a feasibility report for Project #270 concerning the Heine Addition storm sewer lateral. Wachter moved and Parranto seconded the motion, all members voted yes, to accept the report and to authorize the City Clerk to schedule a public hearing to be set for June 5, 1979, at 7 p.m. at the City Hall. Page Twelve 0 109 May 2, 1979 City Council Minutes COUNCIL PROCEDURAL RULES A proposed set of procedures for conduct of business meetings of the City Council meetings was submitted by the City Administrator and reviewed by Councilmembers. After discussion, Smith moved and Egan seconded the motion to adopt the procedures as submitted. All members voted in favor except Murphy who voted no because he felt that persons should be given adequate, time to express themselves at Council meetings. D 79-73 BEURE' CO. ASSESSMENT APPEAL City Attorney Paul Hauge reviewed with the Council an assessment appeal being brought by Luther Stalland for Beure' Co regarding storm sewer improvements covering the Cedar Avenue storm sewer project lying directly south of the Chicago Northwestern Railroad right-of-way. He stated the appeal would be heard before the District Court on May 10 and requested action by the Council on the request by Mr. Stalland to reduce the amount of the assessment and in the event the Council determines not to do so, to authorize the hiring of an appraiser for the assessment appeal. The Council discussed the issue and stated that it would be receptive to a ponding easement over the Beure'Co property and that in the event of submission of an executed ponding easement, that the storm sewer assessment would be waived. Smith moved and Egan seconded the motion, all members voted in favor, to approve the recommendation of the Assessment Committee that a ponding easement be acquired and in the event that an acceptable ponding easement is submitted to the City, that the assess- ment be waived; but in the event that no ponding easement is delivered, that the City Attorney be authorized to hire an appraiser for the assessment appeal. PROJECT #79 - BEACON HILLS ADDITION The contract covering improvements for Beacon Hills Addition including utilities and streets consisting of Project 79-1 (262) with Fredrickson Excavating Company was reviewed by the Council. The City Attorney recommended approval subject to proper insurance coverage. Wachter moved and Parranto seconded the motion, all members voted yes to approve the execution of the contract subject to final approval by the City Attorney. Page Thirteen May 2, 1979 U 110 City Council Minutes PAYROLL SAVINGS DEDUCTIONS FOR EMPLOYEES Mr. Hedges stated that several employees requested the opportunity to have a payroll deduction savings plan administered by the City. About 20 employees were interested in the program and they requested approval of such a plan. Smith moved and Egan seconded the motion, all members voted in favor, to approve such a payroll savings plan to be implemented under the direction of the City Administrator. R 79-38 VOUCHERS Wachter moved and Egan seconded the motion, all members voted yes, to approve the following vouchers: 657-659; 8120-8190; 12114-12208. ADJOURNMENT Egan moved and Wachter seconded the motion, all members voted in favor, to adjourn at 1 a.m. PHH Dated: May 2, 1979 C'ty Clerk