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07/18/1978 - City Council Regular MINUTES OF A REGULAR MEETINr OF THE EAGAN CITY COUTTCIL EAGAN, MINNESOTA JULY 18, 1978 A regular meeting of the Eagan City Council was held on July 18, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Smith, Wachter, and Egan. Also present were: City Engineer Rosene, City Clerk Bolke, City Administrator Hedges, and City Attorney Hauge. AGENDA. After the Pledge of Allegiance, Egan moved and Wachter seconded the motion with all members voting yes to approve the agenda as presented. MINUTES. The minutes of the previous meeting were approved with the exception that on Page 5 regarding the William Abel permit, Parranto did not vote; and on Page 8 regarding Park Cliff Addition, the motion was subject to the Engineer's written determination as to buildability of each lot. Smith moved and Wachter seconded the motion, all members voted yes to approve the minutes as corrected. POLICE DEPARTMENT. 1. Legal Actions. There was discussion.concerning the recent claim by Air. Timothy A. Wilson against Eagan in the Dakota County District Court for loss of a cat and the Council ask that it be informed periodically concerning the status of lawsuits pending against the City. 2. Northern Natural Gas Explosion. Councilmembers discussed the gasline explosion causing fire on Cedar Avenue and the City Administrator was directed to forward letters to the Apple Valley, Burnsville, and Eagan Fire Departments expressing thanks for an excellent job in handling the emergency fire. It was noted that two 'firemen were injured in connection with the fire and commendation certificates will be prepared for the next meeting for the two Page 2 JULY 18, 1978 firemen. PARK DEPARTMENT. There was discussion concerning the request of Lexington South, Inc. for a Quit Claim Deed covering approximately 5 acres in the Lexington South Planned Development to be signed by City officials running to Lexington South. It relinquishes the City°s rights to the 5 acre site part of which overlaps Oak Pond Hills 2nd Addition. It was noted that additional land has been acquired by the City consisting of Outlots A and B > Oak Pond Hills 2nd Addition and in addition, $4,000 from Lexington South for assistance in construction of the trail. After discussion, upon motion by Parranto and seconded by Egan, it was resolved that the Mayor and Clerk be authorized to execute the Quit Claim Deed to Lexington South, Inc. and deliver the deed provided the park dedication for Oak Pond Hills 2nd Addition has been satisfied in full. SCHOOL DISTRICT #196 OBSERVER. City Administrator Hedges introduced Joanne Ellison who is an observer for School District #196 to the Eagan City Council meetings and welcomed her. MCCARTHY RIDGE ROAD DRAINAGE. Mrs. Winkle and Mrs. Finnegan together with Robert Oslund appeared regarding water drainage problems at the Red Cedar Court and McCarthy Ridge Road intersection. A meeting will be held by the Public Works Committee at the site at 5 p.m. on Wednesday; July 19th with the affected property owners to review the storm drainage problems. CARLSON LAKE LEVEL HEARING. City Engineer Rosene recommended September 5, 1978, as the date for a hearing to set the lake level for Carlson Lake. Wachter moved and Smith seconded the motion, all Page 3 JULY 18, 1978 members voted yes to schedule the hearing with the Department of Natural Resources on September 5, 1978, at 7 p.m. at the City Hall and that the Engineer be authorized to prepare a feasibility study for storm drainage in the Carlson Lake area with the public hearing to be held on the report on September 5, 1978, at 7 p.m. CAMERON COURT. The Council next considered the application for preliminary plat approval of Cameron Court on Donald Avenue and in addition, the planned unit development application for the proposed project. Mr. Howard Dahlgren and Mr. Grekoff appeared on behalf of the applicants. City Administrator Hedges indicated he had contacted Mr. Kenneth Applebaum concerning a proposed access road from Bunker Hill but it was noted that access had been cut-off since the development of Bunker Hill. The Police Chief's Utter of July 14, 1978, was read in addition to the report prepared by the Administrative Assistant, Ken Damlo, concerning Police and Fire department calls for single family and multi-family units in the City. It was noted that there was generally higher percentage of police calls from rental units than owner occupied units. Several neighboring residents appeared requesting that only single family units be permitted on Donald Avenue because of the increase of traffic , that the speed on Yankee Doodle Road is excessive, the statistics on accidents, etc. After considerable discussion, Parranto moved to approve the preliminary plat application providing for 32 units, subject to the recommendations of the Advisory Planning Commission, subject to a landscape plan approved by the City, the Engineer's approval of the drainage plan, and that the Homeowners Association Agreement and provisions for common property Page 4 JULY 18, 1978 be approved by the City. Wachter seconded the motion. It was noted that the development of the project was much less intense than the present zoning. Those in favor were: Parranto, Wachter, Murphy, and Smith. Those against were: Egan. Parranto then moved to approve the application for planned development, Smith seconded the motion subject to the planned development ordinance reauirements, all members voted yes. IMRHOVEMENT PROJECT #245 RIVER HILLS 9TH STREET LIGHTIN(. The Mayor then convened the public hearing regarding street lighting for River Hills 9th Addition. The City Engineer explained the project and several residents affected were present and favored the project. There were no objections. Wachter moved to close the hearing, order in the project, and to direct the City staff to negotiate with the existing Utility Company in the area for the construction of the project. Egan seconded the motion and all members voted in favor. HOOVESTAL INDUSTRIAL REVENUE BONDS. The Finance Committee again reported through Councilman Smith regarding the application of Wayne Hoovestal for industrial revenue bonds for the Eagandale Center Industrial Park Number 4 site consisting of two buildings for the Hoovestal Trucking Company and Thrift Way Leasing. Mr. Smith indicated that the Finance Committee generally favored the application and indicated that it is important that the industrial land be developed and further that the applicants appeared to comply with the guidelines set Up by the City. Smith moved and Wachter seconded the motion to approve the application for industrial revenue bonds in the amount of $600,000 with the understanding that land is not included in the industrial revenue bond project. All members Page 5 JULY 18, 1978 voted in favor except Parranto who abstained. INSURANCE - WORKMEN'S COMP AND GENERAL LIABILITY. Mr. Bruce Medvec of Valley Insurance, Inc. appeared and presented new schedules including deductibles for auto liability and the umbrella policy for the City. Comprehensive and collision insurance were discussed and the Insurance Committee recommended several changes regarding the auto fleet deductibles. The Committee recommended approval of the workmen's compensation and liability bid of Home Insurance Company. Wachter moved and Smith seconded the motion, all members voted in favor to approve and award the bid of Home Insurance Company for workmen's compensation and general liability insurance. Parranto then moved and Egan seconded the motion with all members voting in favor to approve the bid for the auto fleet insurance subject to the revisions to be made by the Insurance Committee and in addition to eliminate the comprehensive and collision insurance on Police Department vehicles with the choice of deductibles to be left to the discretion of the Insurance Committee. Parranto then moved and Egan seconded the motion, all members voted yea to approve the umbrella liability policy, quote B, from National Indemnity Insurance Company in the sum of $9,210 including ambulance malpractice insurance and $1,000,000 from the National Sheriff's Association. All members voted yes. PARK CLIFF ADDITION. Mr. Richard Winkler and his planner appeared regarding the application of Mr. Winkler for rezoning from Agricultural to R-1 and preliminary plat approval of Park Cliff Addition on Cliff Road. There was discussion concerning alternate access routes to Cliff Road with three choices One directly North Page 6 JULY 18, 1978 from Park View Court, the second through the Olson Property, or the use of a cul-de-sac frcm Park View Court. Mr. Winkler also showed a proposal for an access from the Northwest corner of the property which would be acceptable with the Dakota County Plat Commission. Mrs. Olson was present and she was asked whether she would approve the platting of her property to provide for the platting of a street through her parcel to connect with Cliff Road. She indicated that she prefer not to do so at the present time. The Council was concerned about the cul-de-sac in phase 3 and expressed strong desire to have an access to Cliff Road at the Northeast corner. Wachter moved to rezone all of the Winkler property to R-1, Smith seconded the motion, all members voted yes. Parranto then moved to approve the application for preliminary plat of Park Cliff as modified, subject to the recommendations of the Advisory Planning Commission, subject to there being two accesses to the subdivision from Cliff Road, subject to the grades being suitable in the determination of the City Engineer for sonstruction of a dwelling on each lot. Smith seconded the motion, all members voted yea. mr. Winkler requested that the City authorize the preparation of a preliminary engineering report for the entire parcel including utilities and streets, it being understood that the applicant will pay for the cost of the report in the event that the project does not proceed. Wachter moved and Egan seconded the motion, all members voted in favor to accept the recauest and to authorize the Engineer to prepare a preliminary feasibility report on the project. MALLARD PARK FIRST ADDITION REZONING AND PRELIMINARY PLAT. Mr. Pat Kerwin appeared for Sidney Johnson, the contract for deed buyer of Mallard Park First Addition, regarding the application Page 7 JULY 18, 1978 of Mr. Johnson to rezone from R~4 to R-2, Mallard Park First Addition and preliminary plat approval of Mallard Park First Addition revised. Mr, Kerwin indicated that Mr. Johnson is a contract for deed buyer of the property. Mr. Tom Willmus and Mr. Stan Krueger of E.H. Wil]mus Properties, the fee owner of the property, were present. Mr. Willmus indicated that he would not oppose the rezoning but would not join in an application for rezoning of the property. Mr. Willmus was concerned about the commitment he had made at the time the original preliminary plat for The. First through Thilid Additions to be used for single family purposes only. After considerable discussion, it was noted that the ordinance requires the owner or owners to sign an application for rezoning and it was noted that fee owner of the property had not signed the application. The Council took no action on the application for failure to comply with the ordinance reauirements. MALLARD PARK SECOND AND THIRD ADDITIONS. Mr. Willmus requested approval of the final plats of the Mallard Park Second and Third Additions. the City Engineer requested additional drainage and utility easements be included on the plat. A letter from Mr. Willmus dated July 17, 1978, that he will consent to rezoning of the Second and Third Additions to single family provided that there is no cost to Mr. Willmus and he expressed such intention at the meeting. It was noted that park dedication has not been completed covering the area requested by the City and also the storm sewer trunk assessment has not been determined. The staff recommended rezoning to R-1 in light of the fact that there had been some issues arising regarding Mallard Park First Addition and further Page 8 JULY 18, 1978 that the intention was to develop the property as single family. Smith moved and Wachter seconded the motion to approve the final plat of Mallard Park Second and Third Additions subject to the necessary drainage and utility easements required by the City; completion of all park dedication requirements and the determination and the payment of storm sewer assessments covering the park property; further subject to the Advisory Planning Commission recommendations and further subject to consent by the owner to the rezoning of the property to single family. Parranto then moved and Egan seconded the motion that the City initiate the procedure to rezone Mallard Park Second and Third Additions property to single family. All members voted in favor. PROJECT @216B and #216B - MALLARD PARK ADDITIONS. The Council again considered the award of low bids for Project #216A to Frederickson Excavating Company, and #216B to Minnesota Valley Surfacing Company covering Mallard Park Second and Third Additions street and utility improvements and Mallard Park First Addition street surfacing. After discussion: concerning the platting and the zoning of the First, Second and Third Additions, Wachter moved and Parranto seconded the motion, all members voted in favor to award the contract to the low bidders described above. MALLARD PARK FIRST ADDITION REZONINr. Ater review by the Council concerning the present zoning of Mallard Park First Addition and the fact that it is zoned R-4 with a misunderstanding between the fee owner and the contract for deed buyer regarding proposed zoning, Parranto moved and Smith seconded the motion to rezone Page 9 JULY 18, 1978 Mallard Park First Addition from R-4 to R-1, Single Mamily, with the understanding that the City will initiate the rezoning. All members voted yea. PAT MCDONALD TEMPORARY BEER LICENSE. The application of Pat mcuonald and Joe BAC temporary beer license at Univac field on July 29, 1978, was next considered. It was noted that the application had not been finalized and the Police Department had not reviewed the application. Smith moved and Parranto seconded the motion, all members voted in favor to approve the application subject, however, to completion of the application requirements and approval by the Police Department. All members voted yes. GEORGE OHMANN ;.2 BEER LICENSE. The application of Zeorge Ohmann for temporary beer license for July 29 through the 31, 1978, for the thrashing bee held on his property on Cliff Road was next reviewed. Wachter moved and Parranto seconded the motion, all members voted yea to approve the temporary license. ,DISCOTREC MUSCULAR DYSTROPHY REQUEST. The reouest of Discotrec, Inc. to allow all night dance marathons for r•iuscular. Dystrophy purposes was submitted to the Council. At the reauest of the appli- cants, the matter was continued to the next meeting. SURREY HEIGHTS SI?{'IfiiADDITION FINAL PLAT. Mr. Larry Frank appeared on behalf of D.H. Gustafson Associates, the applicant, for final plat approval of Surrey Heights Sixth Addition, an 8 unit 2 building complex formerly a part of Outlot B, Surrey Heights Fourth Addition. Smith moved and Parranto seconded the motion, all members voted yes to approve the plat provided all ordinance requirements are met. Page 10 JULY 18, 1978 COMPREHENSIVE PLAN UP-DATE. Mr. John Voss and Mr. Michael Garrison appeared regarding the Eagan Comprehensive Plan up-date. Mr. Voss stated that Mr. Garrison had been engaged by him under his contract with the City to prepare an economic analysis including a five year capital improvement proposal required under the Metro- land Planning Act. Mr. Garrison discussed the data.-compiled by him including the possibility of revisions under the levy limitation, rate statutes of the State of Minnesota. No formal action was taken. MINI STORAGE EXCAVATION PERMIT. Mr. Charles Nolan and Mr. Mark Parranto appeared regarding the request of Mr. Nolan for an excavation permit under Ordinance #8 for the excavation and sale of unstable material on a 17 acrt parcel in proposed Slater Industrial Park adjacent to Cedar Avenue and Highway #13. It was noted that stable material will be inserted and that an application will be submitted later for preliminary plat approval and building permit approval. Egan moved to approve the application contingent upon meeting the Ordinance #8 requirements, Wachter seconded the motion, all members-voted yes except Parranto who ddd not vote. THOMAS LAKE ROAD WATER MAIN. The City Engineer presented the plan and specifications for Thomas Lake Road street and water main and recommended that the City advertise for bids to be opened on Monday, August 21, 1978, at 3 p.m. at the City Hall. Parranto moved and Egan seconded the motion, all members voted in favor to accept the plans and to authorize the Clerk to advertise for bids on the date mentioned above. AMISCELLANEOUS:.PRELIMINARY REPORTS. The fo8.lowing preliminary reports were submitted by City Engineer Rosene: Page 11 JULY 18, 1978 Project #232 - SuperAmerica County Road #30 utilities, Project #241 - Dodd Road Street Improvements, Project #242 - 81st Street Improvements, Project #243 - Gemini Road Street Improvements, Project #244 - Durning Addition utilities, Wachter moved and Smith seconded the motion to accept the preliminary reports and to schedule public hearings before the City Council on August 15, 1978, at 7 p.m. at the City Hall. Those in favor were: All members. CEDAR AVENUE FRONTAGE ROAD. City Administrator Hedges stated that St. Paul Companies as the owner of property West of Trunk Highway #36 and South of Cliff Road, requested consideration for realignment of the previously proposed frontage road and James Street connection within the limits of its property. MN/Dot concurs in the proposed change environmentally and from a development standpoint as does the City Engineer. Upon motion by Wachter, seconded by Smith, all members voting yes, it was resolved that the proposed plan for Cedar Avenue frontage road from Cliff Road to James Street as revised be approved by the City Council. HIGHSITE EXCAVATION PERMIT. Mr. Larry Erdos appeared on behalf of the Highsite Apartment developers with an application for building permit for two buildings subject to completing the platting procedure before occupancy permits are granted. He stated that the construction season is becoming short and in addition there is a possibility of the financing commitment expiring. Parranto moved and Egan seconded the motion to grant the building permit for 1372 and 1376 Highsite Drive subject to the completion of the preliminary Page 12 JULY 18, 1978 plat within 90 days; further that the buildings will meet; all ordinance requirements including compliance with City landscaping provisions and necessary alterations to the preliminary plat required by the City. HIGHWAY #13 FRONTAGE ROAD. Councilman Parranto reviewed with the Council the findings of the Public Works Committee regarding the proposed upgrade of the frontage road adjacent to Highway #13 from Mr. Donut to Minnesota Federal. He stated that the road right of way appeared to be owned in fee by the S]:ater Estate and the estate is interested in dedicating the property to the City. There was discussion concerning liability for accidents on this private road which is maintained privately and City Engineer Rosene suggested that in the event that Highway #13 reverts from the State to the County and possibly to the City of Eagan that direct access from each of the establishments on the frontage road be made to Highway #13. It was suggested that affected owners be conta-:ted concerning the possibility of upgrading the frontage roads and further report will be made at a later time. ROBIN CLAREY, ANIMAL WARDEN. A proposed contract with Robin Clarey to act as Eagan animal warden as a permanent position was presented to the Council, and recommended for approval by the City Administrator. Smith moved and Egan seconded the motion to approve the contract, subject to final determination as to workman's compensation under the contract. All members voted in favor. CEDARVALE TEXACO SERVICE STATION PERMIT. City Administrator Hedges stated that the approval given to Cedarvale Texaco for U-Haul rental was for 9 rental trucks and 15 small trailers and it Page 13 JULY 18, 1978 appeared that the station at the present time is complying with those requirements. Smith moved and Parranto seconded the motion, all members voted yea to approve the service station permit provided that the operator of the station comply with the ordinances and with the City's previous reauirements as to U-Haul storage. PUBLIC WORKS DIRECTOR. Mr. Hedges stated that the screening process of the approximately 15 applicants for City Public Works Director will proceed and requested that City Councilmembers arrange a time to meet with the final candidates at a later time. DNR HEARING. City Administrator Hedges reviewed briefly the status of the Department of Natural Resources - Blackhawk Lake Bridge crossing permit hearings which continued for three weeks through July 14th. Transcripts will be completed within two weeks and briefs will be submitted by the parties with expected recommendation by the Hearing Examiner early in September. STORM SEWER TRUNK ASSESSMENTS. There was discussion by the Council concerning storm sewer trunk assessments in new plats, including residential, commercial, and industrial plats. Smith moved, and Wachter seconded the motion that all new plats, including residential, commercial and industrial, be assessed for storm sewer trunk purposes by City policy. ASSESSMENT ADVISORY COMMITTEE. There was discussion concerning replacement of members on the Assessment Committee and the need to call an Assessment Committee meeting. Smith moved and Parranto seconded the motion, all members voted in favor to retain the same members on the committee including Arthur Rahn with the addition of a third member of the City Council. Councilman Egan volunteered to Page 14 JULY 18, 1975 become a member of the committee. Parranto moved and Smith seconded the motion to appoint Councilman Egan to the Assessment Committee. All members voted in favor, except Egan who abstained. FAU STREET FUNDING. The City Engineer and City Administrator reviewed information received by ':he staff regarding the possibility of applying for FAU funding for certain streets in the City. Because of the unlikelihood of the City acquiring any funds due to state and county priority, it was recommended that the City not make application for such funding. OAK CHASE CIRCLE VACATION. City Clerk Bolke stated that the developer of Oak Chase 4th Addition had submitted a petition to vacate Oak Chase Circle because of an error in the plat. Wachter moved, Parranto seconded the motion to schedule a public hearing for August 15, 1978, at 7 p.m. at the City Hall subject, however, to the developer removing all rocks and gravel on Oak Chase Road because of the hazard caused. All members voted yes. PROJECT #231A. The contract with McNamara-Vivant covering Project #231A was submitted. Smith moved and Egan seconded the motion to approve the contract and to order its execution subject, however, to submission of proper insurance documents, which project included Rustic Hills Addition. All members voted yes except Parranto who voted no. POLICE FACILITY SHED RENTAL. The lessee of the residence on the police facility property has offered to rent the shed behind the house from the City. Smith moved and Egan seconded the motion to rent the shed at $20 per month for a one year period. All members voted yes. Page 15 JULY 18, 1978 PUMP HOUSE ROOF. The City Engineer submitted a proposed brick and facie material for the new deep well pump house No. 5 roof and requested Council approval. Smith moved and Egan seconded the motion to approve the brick and facie material recommended by the City Engineer. All members voted in favor. POLICE FACILITY WATER AND SEWER SERVICE. City Enginc,or rtoo4us,o stated that three quotes had been receivr°f! for sewer and water service to the new police facility with a low quote from Parrott Construction Company in the sum of $6,000. Wachter moved and Egan seconded the motion to accept the low quote of Parrott Construction Company of $6,000 and to add it as a change order to an existing contract. VOUCHERS. Wachter moved and Parranto seconded the motion, all members voted in favor to approve the following vouchers: 465 - 473; 6560 - 6661; 9812 - 9957. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at 12:35 a.m. DATED: July 18, 1978 PHH City Clerk