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01/02/1980 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 2, 1980 A regular meeting of the Eagan City Council was held on January 2, 1980, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Blomquist, Council Members Parranto, Smith, Egan and Wachter. Also present were City Administrator Hedges, City Public Works Director Colbert and Assistant City Attorney Smith. OATHS OF OFFICE After the pledge of allegiance, City Clerk Bokle administered the oath of office to Mayor Blomquist and Council Members Wachter and Smith. MINUTES Parranto moved and Smith seconded the motion to approve the minutes of the special meeting of December 27, 1979. All members voted in favor. Egan moved and Smith seconded the motion to approve the minutes of the regular meeting of December 18, 1979, subject to the following changes: 1. Page 10, Line 7, change two interested persons to several inte- rested persons; 2. Page 10, concerning position description guideline, to amend the minutes to show that the motion was subject to the proposal being used for guideline purposes only; 3. Page 4, change the spelling of the Herregan Distributors to be spelled Herregan rather than Herrigan. All members voted in favor. FIRE DEPARTMENT Fire Chief Robert Childers was present. 1. Telephone Lines to Fire Station #3. Wachter moved and Egan seconded the motion to approve Change Order #5 for telephone lines for Fire Station #3 in the amount of $132.17. All members voted in favor. 2. Raising of Telephone Line. Fire Chief Childers reported that the telephone line over the driveway of the new Fire Station must be raised to at least a 27 foot level and that the Department hopes to occupy the new station by February 1st of this year. Public Works Director Colbert stated that he would see that the telephone wire is raised. t 0 0 092 City Council Minutes January 2, 1980 Page Two 3. Firemen's Relief Association Funds. City Administrator Hedges ex- plained that the staff had investigated the possible appointment of an agent to administer and invest pension funds of the Fire Department Relief Association. After discussion of the best agency to handle this and of the legality of appointing an agent to administer and invest the funds, Smith moved and Parranto seconded the motion to follow the recommendation of the staff and to appoint Marquette National Bank as agent for the Relief Association pursuant to the terms of the agency contract presented to the Council by Marquette National Bank. All members voted in favor. A 80-1 PARK DEPARTMENT 1. Parks Maintenance Position. City Administrator Hedges stated that Park Director Schmidt had recommended the appointment of Scott Eppen to the parks maintenance position to start on January 7th. Wachter moved and Smith seconded the motion to approve the appointment as recommended. All members voted in favor. 2. Clerk/Typist/Receptionist. City Administrator Hedges stated that Park Director Schmidt and Public Works Director Colbert recommended the appointment of Bette Parks as clerk/typist/receptionist for the Public Works Building. It was noted by police Chief DesLauriers that Ms. Parks has been a dependable and thorough dispatcher for the Police Department. Egan moved and Wachter seconded the motion that Ms. Parks be appointed to the position as recommended. All members voted in favor. LEIBEL REZONING AND PRELIMINARY PLAT The application of Gordon and Doris Leibel for rezoning from Agricultural to L-B, Limited Business, and for preliminary plat approval at 3850 Beau D'Rue Drive in Sections 19 and 20 was next considered. It was noted that the Leibels requested that this matter be continued until January 15th so that a parking plan could be completed prior to the hearing. Mayor Blomquist noted that the January 15th agenda was already full. Blomquist moved and Egan seconded the motion to continue this application until February 5, 1980. All members voted in favor. EPPEN NURSERY SCHOOL Mayor Blomquist then brought for consideration the application of Burton H. Eppen for conditional use permit for a nursery school at 2057 Garnet Lane, Lot 16, Block 5, Cedar Grove Number 1, Section 19. Mr. Eppen appeared and explained the proposal. There were no objections from the audience to the granting of the permit. It was noted by Mr. Eppen that meals will not be prepared at the nursery school. Smith moved and Egan seconded the motion to approve the conditional use permit subject to the following conditions: 1. That the nursery school operation shall be limited to 16 students. 2. That the hours of operation shall be limited from 6 a.m. to 6 p.m. 3. The owners shall be required to obtain the appropriate licenses from the State of Minnesota. 00093 City Council Minutes January 2, 1980 Page Three 4. That all State building codes for nursery schools be met and shall be approved by the City Building Inspector prior to issuance of the permit. All members voted in favor. D 80-1 PAPA'S INC. CONDITIONAL USE PERMIT RENEWAL Mayor Blomquist brought before the Council the application of Papa's Inc. for renewal of its conditional use permit. The hearing had been continued from December 18, 1979. Mr. William Howell appeared for Papa's Inc., the operators of the Juke Box. There were no questions from the audience. Mr. Howell stated that Papa's Inc. had discussed previous problems with the Police Department and had straightened out the problems. He stated that the patrons of the Juke Box are now required to check their coats in all cases and that for security one off-duty patrolman and other security persons are being used. Police Chief Deslauriers stated that the Police Department had met with the owners and that the main problem had been that alcohol was coming into the building with people's coats and that there was a lack of security. Chief DesLauriers stated that if the guidelines in the conditional use permit are lived up to that there should be fewer problems. Council- man Wachter stated that the requirements had been violated twice by Papa's Inc. and that he was concerned about patrons going to cars to drink and for other activi- ties while at the Juke Box. Parranto stated that there has been a lack of security in the parking lot. Councilman Smith moved that the conditional use permit be granted subject to all of the conditions of the previous conditional use permit and with the condition that adequate security be provided. Councilman Parranto seconded the motion provided that Councilman Smith would accept an amendment to require that four supervisory personnel including one off-duty policeperson be on the premises at all times. Councilman Smith accepted the amendment and the second. After further discussion, all members voted in favor of the motion except Councilman Wachter who voted against. D 80-2 1980 FEE SCHEDULE AND USER CHARGE City Adminsitrator Hedges stated that Public Works Director Colbert and Consulting Engineer Rosene had presented a revised fee schedule for sewer and water utility rates and public improvement assessment rates and that discussion had been continued from the December 18, 1979 meeting. Parranto stated that he felt a special meeting was needed for this topic. Mayor Blomquist stated that more information about storm sewer charges and large lot assessments should be included in the report. Egan stated that the assessments for the future street fund have increased drastically in the last few years and that this could possibly be chal- lenged. After further discussion, Parranto moved that a special meeting be held on January 7, 1980, to discuss this item. There was no second to the motion. After further discussion, Smith moved and Egan seconded the motion that a special meeting be held on January 17, 1980, to discuss the fee schedule and user charges. All members voted in favor. 00094 City Council Minutes January 2, 1980 Page Four CABLE TELEVISION TERRITORY UPDATE City Administrator Hedges stated that the staff has contacted a number of other communities interested in the cable television proposal of Capitol City Cablevision, Inc., for a cable service territory consisting of 15 suburban St. Paul municipalities which does not include the City of Eagan. He stated that a number of communities included in the proposed area have concerns about it and that a number of communities not included would like to be considered. He further stated that the State may reject the proposal on January 11th at the meeting. of the Minnesota Cable Television Communication Board. Council members expressed concern about being left out of the proposal and suggested that a Northern Dakota County territory might be more appropriate than a territory consisting of a number of suburbs on three sides of St. Paul. Police Chief DesLauriers requested that inquiries be made concerning the possibility of having one channel of cable televi- sion network devoted to government and public safety purposes. City Administrator Hedges stated that a letter has been sent to the Metropolitan Council and forwarded to the Cable Television Board stating that the City of Eagan desires to be included in a cable television territory with other south suburbs. All members voted in favor. Smith then moved and Wachter seconded the motion that staff members be directed to contact other Northern Dakota County communities to pursue the possi- bility of these communites pursuing a cable television territory as a group. All members voted in favor. TAX EXEMPT MORTGAGE UPDATE City Administrator Hedges stated that the Minnesota Housing Finance Agency has approved the City's program conditioned upon an amendment to the program that clearly indicates that the maximum purchase price includes the aggregate of the cost of the housing and all levied or pending special assessments. City Admini- strator Hedges explained that this means that special assessments are included with the purchase price in determining whether the purchase price of the Housing Unit exceeds the purchase price limit of $69,300. Smith moved and Parranto seconded the motion to approve an amendment to the program to state that special assessments will be included in the purchase in determining whether the purchase price exceeds the maximum purchase price allowed by the program. All members voted in favor except Wachter who voted against. McCREA OFF-SALE LIQUOR LICENSE APPLICATION Mayor Blomquist brought to the Council the application of Mark and Pamela McCrea for an off-sale liquor license. City Adminsitrator Hedges stated that the McCreas had contacted him and requester Lhat the hearing be continued until January 15, 1980, at which time they will have formed a corporation. Egan moved and Blom- quist seconded the motion to continue the hearing until January 15, 1980. There was discussion concerning the fact that the Council could possibly reject the appli- cation on the basis that the applicant does not have a specific location to use the license. All members voted in favor except Wachter who abstained. 00095 City Council Minutes January 2, 1980 Page Five NICOLS STATION - ON-SALE LIQUOR LICENSE APPLICATION OF KRAUS AND PARRANTO The application of R. L. Kraus and S. J. Parranto for an off-sale liquor license to be used at the Nicols Station Restaurant, the former Mr. Steak Restaurant at Cedarvale Shopping Center, was next considered. Mr. Kraus and Mr. Parranto appeared and mentioned that liquor would be served at tables only and that the restaurant would keep its family emphasis. They also stated that the owner of the property had agreed to the application. City Administrator Hedges had stated that presently the on-sale license policy allows only nine on-sale liquor licenses and all nine are presently being used. Smith moved and Parranto seconded the motion the amend the on-sale liquor license policy to allow 11 licenses. It was stated that the purpose of the policy restricting on-sale licenses is to save potential licenses for a later time if large esta- blishments come into the City in the future. All members voted in favor of the motion. It was noted by City Administrator Hedges that the police had made a complete record check on the application and that all other administrative requirements had been complied with. Smith moved and Egan seconded the motion that Richard Laurence Kraus and Steven James Parranto be granted an on-sale liquor license for use at Nicols Station. All members voted in favor except Parranto who abstained. Wachter then moved and Egan seconded the motion that Mr. Parranto and Mr. Kraus be granted a Sunday liquor on-sale license for Nicols Station. All members voted in favor except Parranto who abstained. I.R. BONDS FOR ROAD MACHINERY AND SUPPLIES, INC. City Administrator Hedges stated that an application had been sub- mitted by Michael Sill of Road Machinery and Supplies, Inc., requesting consi- deration for industrial revenue bond issue in the amount of approximately $3 million to design and construct a facility of approximately 700,000 square feet to be used as corporate headquarters. Mr. Russell Prince of Juran and Moody appeared for Mr. Sill. It was explained by Mr. Hedges that a previous applica- tion by Mr. Sill for industrial revenue financing had been granted a year or two ago for a salesand equipment building but that Mr. Sill had not used the bonds for financing because he had found another location that worked out better for the sales and equipment building. It was noted by Public Works Director Colbert that a preliminary plat has already been approved for the location and that few changes will probably be necessary. A question was raised concerning the location of proposed access roads, and Mr. Colbert stated that he would look into the possiblity of relocating the access road to match up with the access road of Silver Bell Court. Wachter moved and Smith seconded the motion that a public hearing be set for February 5, 1980, to consider the project with the stipulation that the plat be available at the hearing. All members voted in favor. City Council Minutes January 2, 1980 Page Six I.R. BONDS FOR YANKEE DOODLE TERMINAL PARK City Administrator Hedges stated that Mr. William Hawks representing Yankee Doodle Terminal Park, Inc., had requested industrial revenue bonds to con- struct a 230,000 square foot truck and tract terminal and warehouse at 2000 Yankee Doodle Road. The estimated amount of industrial revenue bonds is $3,500,000.00. It was noted by the Council members that the proposed operation is uncertain and marginal. Councilman Egan agreed with Councilman Parranto's statement that the proposed use was uncertain but stated that he favored the hearing in order to see the proposal. Smith moved and Wachter seconded the motion that a public hearing be set to consider the project on February 5, 1980. All members voted in favor except Parranto who voted against. CONDITIONAL USE PERMIT RENEWALS City Administrator Hedges stated that conditional use permit renewals had been requested by Merlin Barfknecht for storage only of tires and supplies at 835 Lone Oak Road, by Omar Hinricher for car storage at 3165 Dodd Road, and by Dr. Ethel Traxler for a chiropractic office in her home at 1467 Highview Avenue. After a brief discussion, Smith moved and Wachter seconded the motion that all three con- ditional use permit renewals be granted. All members voted in favor. D 80-3 PUBLIC OFFICIAL LIABILITY INSURANCE City Administrator Hedges presented a public official liability insurance policy and recommended that the Council approve the policy for signing. Parranto moved and Smith seconded the motion that the insurance policy be approved for signing. All members voted in favor. COLLECTIVE BARGAINING AGREEMENT - LOCAL 320 City Administrator Hedges reported that an agreement had been reached between City staff members and Local 320 employees for a two year contract for 1980 and 1981. He noted that the contract included step classifications. Smith moved and Wachter seconded the motion to instruct the Mayor and City Clerk to execute the contract. All members voted in favor. A 80-2 SALARIES OF NON-UNION AND MANAGEMENT EMPLOYEES City Administrator Hedges reported that a salary schedule has been prepared for all non-union and management employees with increases from 72% to 10%. Wachter moved and Parranto seconded the motion to approve the salary schedule. All members voted in favor. D 80-4 OC 097 City Council Minutes January 2, 1980 Page Seven CHECKING ACCOUNT CORPORATE AND AUTHORIZATION Mr. Hedges recommended that the Council adopt a resolution authorizing Mayor Blomquist to execute a corporate authorization resolution to maintain the City's checking account with Mid-America National Bank of Eagan. Smith moved and Parranto seconded the motion that such a resolution be adopted. All members voted in favor. R 80-1 DEPUTY CLERK Councilman Wachter suggested that Tom Hedges be named deputy clerk so that if City Clerk Alyce Bolke is not in the office, a staff member who is fully aware of all City procedures would be available to sign the necessary papers. Wachter moved and Egan seconded the motion that City Administrator Tom Hedges be appointed deputy clerk. All members voted in favor. EAGANDALE CLUB ON-SALE LIQUOR LICENSE Mr. Hedges noted that the president of the partnership which owns Eagan- dale Tennis Club is an alien who under State law cannot hold a liquor license. In addition, under City ordinance a partnership with more than five partners cannot own a liquor license. It was therefore recommended that Maxine Coty, manager of the Eagandale Club, be issued the on-sale license to be used at the Eagandale Tennis Club. Smith moved and Egan seconded the motion that the on-sale liquor license for the Eagandale Tennis Club be granted to Maxine Coty. All members voted in favor. Smith then requested that City staff investigate the possibility of requiring that the manager hold each liquor license rather than the owner of the property. MR. D'S ON-SALE NON-INTOXICATING LIQUOR LICENSE Mr. Hedges noted that Mr. D's had already been issued an on-sale beer license for the year of 1980 but that the application for the license had only recently been received. Smith moved and Wachter seconded the motion that Mr. D's be issued an on-sale beer license and that Mr. D's be issued a wine license subject to receiving the proper application and fee. All members voted in favor. In ad- dition, Councilman Smith requested that Mr. D's be notified of the action on the wine license so that an application can be made if a wine license is desired. APPLICATION FOR INDUSTRIAL DEVELOPMENT REVENUE MORTGAGES City Administrator Hedges stated that two criteria had been added to the proposed application form for industrial development revenue mortgages. He recommended that the application form be adopted by the Council as the official form with the two criteria added. Egan moved and Wachter seconded the motion that the application form be adopted with the additional criteria. All members voted in favor. D 80-5 oc c`? City Council Minutes January 2, 1980 Page Eight INVER GROVE HEIGHTS USE OF EAGAN'S FIRE DISPATCHER Mr. Hedges reported that he had received a letter from the City of Inver Grove Heights which stated that Inver Grove Heights may be able to use the fire dispatching services of Dakota County at a cheaper rate than it currently receives from the City of Eagan. It was suggested that the staff contact the City of Inver Grove Heights and ask how they would like Eagan to modify the present contract. No action was taken at this time. OVERVIEW ESTATES STORM SEWER EASEMENTS Mr. Smith reported that negotiations with Thomas Walker and Dr. Thomas Murr for storm sewer easements for Overview Estates had resulted in a request from Mr. Walker for a payment in the amount of $287.77 for the proposed easement based upon the $2,000 per acre rate for permanent easement and $1,000 per acre rate for temporary easement. Dr. Murr had requested instead of compensation that the City arrange for the contractor to perform some landscaping on the Murr property. The estimated cost of the landscaping would be $410, while the compensation under the $2,000/$1,000 formula would have been $620. In addition, both Mr. Walker and Dr. Murr requested the City of Eagan to accept a ponding and area assessment credit for that portion of their land which lies within the lake boundaries which will be determined in the future by the setting of a high water mark. It was recommended that the City Council authorize the payment to Thomas Walker, authorize a change order to the utility contract for Overview Estates for the work on the Murr property and authorize the drafting of the two ponding easements and accept the proposed area assessment credit. Smith moved and Egan seconded the motion that the recom- mendations be approved. All members voted in favor. SIBLEY TERMINAL STORM SEWER Mr. Colbert reported that all work on the Sibley Terminal storm sewer project #214 had been completed. He recommended final acceptance of the project and authorization of final payment to the contractor in the amount of $9,210.62. Smith moved and Parranto seconded the motion that the recommendation be approved. All members voted yes. CEDAR CLIFF ADDITION PROJECT #80-4 - PLANS AND SPECIFICATIONS Mr. Colbert stated that a public hearing on the feasibility report for Cedar Cliff addition has been scheduled for February 5, 1980, but that the developer would also like to present the plans and specifications for approval at that time. It was noted that this has been done before and that the risk is on the developer that he will be developing plans and specifications for a project that is not actually approved. Parranto moved and Egan seconded the motion that the Council order the preparation of the plans and specifications by the City Engineer at the request of the developer. All members voted in favor. OCO29 City Council Minutes January 2, 1980 Page Nine RIVER HILLS NINTH SNOWPLOWING Mr. Colberft stated that since the only access to River Hills Ninth Addition is through Burnsville, it might be cheaper and more convenient to have the City of Burnsville plow the streets in River Hills Ninth Addition. He asked for authorization from the Council to negotiate with the City of Burnsville for this purpose. It was suggested that Mr. Colbert begin negotiations and come back to the Council with the results. END OF MEETINGS Mayor Blomquist requested that the meetings should be scheduled so that they end at 11 p.m. at the latest and theat they be allowed to continue to 11:30 p.m. only if all five members agree. She also suggested that the Park Commitee meetings and APC meetings be requested to do the same so that important decisions are not made after most citizens have left the meetings. Parranto suggested that the 11 p.m. deadline is reasonable but that exceptions should be allowed if the majority approve the extension rather than requiring all five members to approve the extension. Mayor Blomquist agreed and no official action was taken. BLACKHAWK LAKE STORM SEWER Mayor Blomquist mentioned her concern about the possibility that the draining of Blackhawk Lake into the City storm sewer on Blackhawk road might eventu- ally add to flooding on Highway #13 and also her concern about storm water in ditches. It was noted by Mr. Colbert that the storm drainage for that area goes around the low area on Highway #13 so that it should not add to the flooding in that area. It was suggested that staff members write Mr. Barry and Mr. Kramer about the City's proposed action informing them of all of the background facts. No further action was taken. METROPOLITAN COUNCIL Mayor Blomquist mentioned that she had been contacted by the mayors of Moundsview and Burnsville concerning a special meeting of mayors to discuss reesta- blishing the Metropolitan Council's original course. She asked for comments from the Council about the possibility of her attending this meeting. The consensus was that it would be worthwhile for the mayor to attend the meeting to find out what is proposed. The meeting is scheduled for January 16th. Based upon the con- sensus, Mayor Blomquist stated that she would attend the meeting. VOUCHERS Wachter moved and Smith seconded the motion to approve the following vouchers: 911-924; 9427-9499; 14158-14242. All members voted in favor. ADJOURNMENT Eagan moved and Wachter seconded the motion to adjourn the meeting at 9:50 p.m. All members voted in favor. Dated: January 2, 1980 BS City Clerk