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01/15/1980 - City Council Regular 00010 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 15, 1980 A regular meeting of the Eagan City Council was held on January 15, 1980, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Blom- quist, Council Members Parranto, Smith, Egan and Wachter. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. MINUTES After the pledge of allegiance, Blomquist moved and Smith seconded the motion to approve the minutes of the regular meeting of January 2, 1980, with the exception that on page 12 regarding the Blackhawk Lake storm sewer, there was concern about storm drainage in ditches also; and, in addition on page 1, Mr. Colbert would arrange to raise the telephone line at Fire Station #3. All members voted in favor. PARK DEPARTMENT Park Director Barbara Schmidt was present and she recommended that the plans and specifications for the Rahn Thomas Trail Phase Two from Blackhawk Road to Nicols Road be prepared by the City Engineer. The Council discussed the possi- bility of moving the trail South on an existing sidewalk as an alternate route. Parranto moved and Blomquist seconded the motion to accept the recommendation, to authorize the City Engineer to prepare the plans and specifications with an alternate set of plans for the trail running Southerly on the West side of Rahn Road. All members voted yes. Blomquist then moved and Smith seconded the motion to require the staff to notify the neighboring residential owners abutting the trail concerning review of the proposal before the Council. All members voted in favor. POLICE DEPARTMENT Police Cheif Martin DesLauriers was present. 1. Squad Car Purchases. Mr. DesLauriers discussed the proposed pur- chase of police vehicles either x-body cars as was suggested by the Council, mid- sized of full sized vehicles. He stated that the full sized vehicles were more cost effective for purchase and certain Council members discussed the long term cost of energy saving for the x-body sized automobiles. After considerable dis- cussion, Smith moved and Parranto seconded the motion to authorize the staff to solicit quotes for one x-body squad car and to proceed with the purchase of the recommended quotation. All members voted in favor except Wachter who voted no. PUBLIC WORKS DEPARTMENT Public Works Director Tom Colbert reported. 1. Fire Station #1 Change Order #4. Mr. Colbert recommended approval of Change Order #4 for Fire Station #1 for the installation of the alternate Co- Ray Vac heating system in the sum of $6,319.35. Parranto moved and Egan seconded the motion to approve the recommendation. All members voted yes. 00"G11 City Council Minutes January 15, 1980 Page Two PROJECT #294 - BRIAR HILL UTILITIES AND STREETS Mayor Blomquist then convened the public hearing regarding Project #294 for Briar Hill sanitary sewer, water, storm sewer and street improvements consisting of Improvement Project #80-6. The Public Works Director introduced the project and the City Engineer explained the project. There were no objections to the project and after discussion, Wachter moved and Smith seconded the motion to close the hearing, to order in the project and to order the City Engineer to prepare the plans and specifications. All members voted yes. PROJECT #293 - WINDCREST ADDITION UTILITIES AND STREETS Mayor Blomquist convened the public hearing regarding Project #293 for Windcrest Addition for sanitary sewer, water, storm sewer and street improvements consisting of Improvement Project #80-7 at 7:15 p.m. Mr. Rosene explained the pro- ject in detail and reviewed the feasibility report. He indicated that a lift station will be required for sanitary sewer. A number of neighboring property owners affected were present including Tony Caponi. who objected to assessments for his property on County Road #30 as did Tom Rooney. There was discussion concerning trunk sewer oversizing assessments including those proposed against the Patrick Eagan Park land and it was explained that when the trunk is installed within one-half mile from property that the City policy is to assess the benefitted area. There were objections to the assessments for area water purposes to the South and objections to the road assessments on Deerwood Drive. A petition from affected property owners on Deerwood Drive had been submitted at an earlier meeting objecting to those road assessments. There are six property owners affected on Deerwood Drive due to street improvements, with three of them present initially objecting to the proposal. Mr. James Hill, planner, appeared for Niakwa, the developer, and indicated that the developer would accept an assessment for the 44 foot urban cross section on Deerwood and would not object to Deerwood improvements being installed at a later time. There was also discussion concerning whether the application for rezoning and preli- minary plat approval should be held prior to determination by the Council whether to proceed on the public improvements. Parranto moved and Wachter seconded the motion to close the public hearing regarding Project #293. All members voted in favor. Councilman Smith was concerned about proceeding and suggested an advisory consensus from the Council as to whether it would approve the rezoning and the pre- liminary plat. After discussion, he indicated that his considerations were: (1) that the Council will review the street unit charge now in existence and (2) that the Council could delete the Deerwood Drive improvements but undoubtedly the improve- ments will be requested in the future because of potential traffic, dust, noise, etc. Mr. Parranto proposed that assessments in any event be levied on the North side of Deerwood Drive even though the Deerwood Drive improvements not be installed at the present time. Wachter stated there would be increased maintenance costs on Deerwood and it is more economical to do a larger project than a smaller project. Mayor Blomquist was concerned about the park area assessments and the deficits in the road assessments due to improvements on Deerwood having a low priority for the City. There was also discussion concerning reduction of three quad units to be changed to duplex units because of the proximity to single family housing and Mr. Hill agreed that the developer would do so. Parranto then moved and Smith seconded the motion to rezone the property from A, Agricultural, to PUD, Planned Unit Develop- ment. All members voted in favor. R 80-2 City Council Minutes January 15, 1980 Page Three Parranto then moved and Smith seconded the motion based on the findings mentioned above and the reports of the staff to approve the preliminary plat of Windcrest Addition subject to all recommendations including the following: 1. That the reduction in the quadrominium units by 3 to be changed to duplex units as proposed on the plat. 2. That the intersection of Denmark Avenue and Wescott Road should have a 900 intersection instead of the proposed angle. 3. That a tot-lot should be required within the quad area to provide for the needs of the preschoolers. 4. That a planned development agreement be approved by the City for a maximum of a five (5) year term. 5. That grading and drainage plans be approved by the City Engineer. 6. That the bylaws of the homeowners association be submitted with the development agreement for approval by the City staff. 7. That the proposed development be phased within the proposed plat. 8. That all other applicable ordinance requirements be met. 9. That the property owners agree to the improvement of Deerwood Drive to the East property of this plat and agree to pay all applicable assessments. 10. That sufficient right-of-way be dedicated to provide for the required 100 foot right-of-way of Wescott Road, 80 foot right-of-way for Denmark Avenue, and 80 foot right-of-way for Deerwood Drive. 11. That a 5 foot drainage and utility easement be dedicated adjacent to all common property lines, 10 foot drainage and utility easements adjacent to all street rights-of-way, and all drainage and utility easements adjacent to storm water ponding areas and along utility extensions as designated by the City Engineer. 12. That a petition for installation of a sanitary sewer lift station and trunk water main extension through this plat shall be submitted by the developer. 13. That park land be dedicated according to the recommendations of the Park Committee. All members voted in favor. D 80-6 City Council Minutes January 15, 1980 Page Four Smith then moved and Wachter seconded the motion to order in Project #293 consisting of utilities and streets in proposed Windcrest Addition area with the condition, however, that the unit charge for street improvements will be recon- sidered by the Council and that the assessments including unit charges as reviewed by the Council during 1980 will be applied to any construction or development in Windcrest Addition. There were three property owners present who originally opposed the project but indicated that they did not oppose it any longer after having it explained to them that undoubtedly the improvements will be installed on the Deerwood Drive within the very near future. Councilman Egan indicated that he opposed the improvements on Deerwood Drive because of the proposed deficit in the street fund. Those in favor: Wachter, Smith and Parranto. Those against: Blomquist and Egan. OFF-SALE LIQUOR LICENSE - McCREA Mr. and Mrs. Mark McCrea appeared on behalf of their application for an off-sale liquor license to be located in the James Refrigeration project at County Roads #30 and #31. There was discussion concerning the proposed location which would be within 300 feet of Beautiful Savior Lutheran Church and whether the Eagan Ordinance dealing with off-sale liquor licenses would allow the location within 300 feet of a church and whether a variance could be granted under Ordinance No. 42. Smith moved and Egan seconded the motion to schedule a public hearing at 7 p.m. on February 5, 1980, at the Eagan City Hall to consider whether to grant a variance under Ordinance No. 42 to the 300 foot provision provided that the variance procedure is permitted under State law and City ordinance. All members voted in favor except Wachter who voted no. 1980 ORGANIZATIONAL BUSINESS Mayor Blomquist then discussed with the Council certain organizational items and requested action from the Council members. 1. Advisory Park Committee Appointments. It was noted that the Council had interviewed candidates both for the Advisory Planning Commission and Advisory Park Committee at an earlier time and the Council then voted first on four three year appointments for the Park Committee. Those elected to the Park Committee were Steve Johnson, Margaret Tilley, Carolyn Thurston and Douglas C. McNeely. 2. Advisory Planning Commission Appointments. Upon written ballots, those elected to the Advisory Planning Commission were Doris Wilkins, Joe Harrison and David Bohne for three year terms, Charles Hall for one year term and Dale Turnham for alternate one year term. 3. Acting Mayor. Blomquist nominated Councilman Smith as acting mayor for 1980. Parranto seconded the motion and all members voted in favor. 4. Legal Newspaper. Mr Hedges indicated that the only quotation was from Dakota County Tribune. Blomquist moved and Egan seconded the motion to desig- nate the Dakota County Tribune as the official legal newspaper for 1980. All members voted yes. (1 ti City Council Minutes January 15, 1980 Page Five 5. Checking Account. Blomquist moved and Smith seconded the motion to designate Mid-America National Bank of Eagan as the depository for Eagan checking account funds and the following as depositories for City funds for investment pur- poses: a. First National Bank of St. Paul b. Mid-America National Bank of Eagan c. Mid-America National Bank of Roseville d. Signal Hills State Bank e. Merrill, Lynch, Fenner and Smith, Ltd. f. Minnesota Federal Savings and Loan Association g. Twin City Federal Savings and Loan Association h. Home Federal Savings and Loan Association i. Northern Federal Savings and Loan Association j. First Federal Savings and Loan Association of Hastings k. Mid-West Federal Savings and Loan Association 1. United Federal Savings and Loan Association M. Hennepin Federal Savings and Loan Association n. First Federal Savings and Loan Association of Albert Lea o. First Federal Savings and Loan Association p. Washington Federal - Stillwater q. Northwestern National Bank of Minneapolis All members voted in favor. 6. Posting Places. It was noted that the Lone Oak Tree historically has been a posting place for the City, but it can no longer be used for official posting due to MnDOT restrictions. Smith moved and Wachter seconded the motion to designate four location including Lone Oak Tree as a historical location plus Yankee Square, Applebaums in Cedarvale and the Eagan City Hall. All members voted yes. 7. Health Officer. Cedarvale Medical Clinic has been acting as health officer. Blomquist moved and Egan seconded the motion to designate Dr. R. C. Dunn and Cedarvale Medical Clinic as the health officers for the City for 1980. All members voted yes. 8. Council Meetings. Smith moved and Blomquist seconded the motion to designate the first and third Tuesdays of each month at 6:30 p.m. to 11 p.m. according to the Council guideline at the Eagan City Hall as the City Council meeting times for regular meetings. All members voted in favor. 9. Committee Appointments. The Mayor then stated that she had contacted Council members and asked for preferences for committee appointments. She made the following appointments: a. Personnel Committee. Councilman Egan as Chairman and Councilman Wachter as member. J City Council Minutes January 15, 1980 Page Six b. Finance Committee. Councilman Smith as Chairman and Councilman Parranto as member. c. Community Development Committee. Mayor Blomquist as Chairman and Councilman Egan as member. d. Public Works Committee. Councilman Parranto as Chairman and Mayor Blomquist as member. C. Council Liaison with Advisory Park Committee. Councilman Wachter. f. Council Liaison with Advisory Planning Commission. Councilman Smith. Blomquist moved and Smith seconded the motion to reinstate the Planning Commission and Park Committee liaison persons from the Council. All members voted yes. 10. Assessment Committee. Smith moved and Egan seconded the motion to select Mayor Blomquist as the additional Committee member from the Council together with Councilman Egan on the Assessment Committee. All members voted in favor. 11. Fiscal Consultant. Smith moved and Parranto seconded the motion to retain Miller and Schroeder upon the same existing compensations as those in 1979. All members voted yes. 12. Consultants. Wachter moved and Smith seconded the motion to reap- point the following consultants for the City for 1980: a. City Engineer - Bonestroo, Rosene, Anderlik and Associates b. Planning Consultants - Urban Planning and Design, Inc. c. Prosecutor - George Hoey d. Auditor - Wilkerson, Guthman and Johnson - Roger Katzemmeir e. City Attorney - Paul H. Hauge and Associates, P.A. All members voted in favor. PILOT KNOB OFFICE PARK PRELIMINARY PLAT Mr. Howard Dahlgren, planner, appeared on behalf of the application of Kenneth Appelbaum for preliminary plat and plan approval of Pilot Knob Office Park in Pilot Knob Heights First Addition at Crestridge and Pilot Knob Roads. The APC recommended approval of both applications subject to certain conditions. There was discussion concerning proposed landscaping and the revision of the location of the pond to the Southeast corner. It was understood that the Southerly portion of the parking would be installed with the first phase but to include parking greater than required for first phase construction. The first phase would be commenced `1 1 City Council Minutes January 15, 1980 Page Seven in the spring of 1980 and the second phase in 1981. After discussion, there being no objections, Smith moved and Wachter seconded the motion to approve the applications for preliminary plat and plan approval with the following conditions: 1. That Phase Two will be completed within five years from approval of the preliminary plat. 2. That all easements shall be dedicated according to the recommendations of the City staff. 3. That the parking area shall be surfaced and concrete curbing shall be provided around the perimeter of the parking area. The parking stalls shall have a 10 foot by 20 foot dimension, and 250 parking spaces will be required. 4. That only one sign will be allowed for the office building. 5. That a $2,000 landscaping bond shall be required and not released until one year after the landscaping has been completed. The developer shall review with the City staff the use of conifer trees for screening on the South and East portions of the plat and the landscaping plan shall integrate the ponding area. 6. That a 10 foot drainage and utility easement shall be dedicated adjacent to all property lines. 7. That drainage and utility easements shall be dedicated to incorporate the 878 foot elevation for the pond in the Southeast corner of the plat. 8. That raised concrete curb medians shall be provided adjacent to and delineating major access driving isles as determined by the City Engineer. All members voted in favor. D 80-7 The petition for industrial revenue bonding by J.K.R. Company was submitted for Pilot Knob Office Park. Wachter moved and Egan seconded the motion to schedule a public hearing for the tax exempt financing for February 19, 1980, at 7 p.m. at the City Hall. All members voted yes. CEDAR CLIFF ADDITION FINAL PLAT The Council then considered the application for final plat approval for Cedar Cliff Addition. Steve Ryan was present on behalf of Zachman Homes and there was discussion concerning the development agreement. City Attorney Hauge indicated that the development agreement and PUD agreement have now been signed by the developer and owner but indicated that the transfer of the park land and the escrows had not been completed. Parranto moved and Egan seconded the motion to approve the final plat subject, however, to the completion of all ordinance requirements. All members voted in favor. R 80-3 D 80-8 MCI City Council Minutes January 15, 1980 Page Eight LOST SPUR BINGO AND GAMBLING LICENSE The application of Lost Spur-Osman Temple for combination gambling and bingo license was next presented. The Lost Spur also asked that the Council waive the $10,000 bond. There were no objections by the City staff. Smith moved and Parranto seconded the motion to approve the application and to waive the $10,000 bond requirement. All members voted yea. LAHASS CORPORATION I.D.R. BONDING Mr. Frank Hasselman and a representative for Allison Williams Company appeared on behalf of the application of LaHass Corporation for industrial revenue bondings for a $750,000 warehouse-office building near Highway #13. Mr. Hasselman indicated that he intends to make application for preliminary plat approval for the parcel to be heard at the February 26, 1980, Planning Commission meeting. Smith moved and Egan seconded the motion to set the public hearing for the industrial revenue mortgage funding for March 18, 1980, at 7 p.m. at the Eagan City Hall. All members voted in yes. J.P.K. PARK COMPANY INDUSTRIAL REVENUE BONDING The next application considered was that of J.P.K. Park Company for industrial revenue mortgage financing in the sum of $2 million for shopping center at County Road #30 and Nicols Road. Egan moved and Smith seconded the motion to set the public hearing concerning the application for February 19, 1980, at 7 p.m. at the Eagan City Hall. All members voted in favor except Parranto who abstained. JOHNNY CAKE RIDGE ROAD PETITION A petition from Mr. Thomas Wilmus for the completion of the concrete curbing and street service for Johnny Cake Ridge Road from Woodgate Townhouse Development to County Road #30 consisting of Project #298 was next submitted. Upon motion by Smith and seconded by Wachter, it was RESOLVED that the petition be received and the the City Engineer be authorized to prepare the feasibility report for Project #298. All members voted yes. NORTHVIEW SCHOOL DISTRICT #196 PETITION A petition from District #196 to prepare cost projections and completion of time table for the installation of sanitary sewer service for the Northview Ele- mentary School on County Road #30 consisting of Project #299 was next reviewed. Parranto moved and Blomquist seconded the motion to accept the petition and to authorize the City Engineer to prepare a feasibility report for Project #299. All members voted yea. C a.' City Council Minutes January 15, 1980 Page Nine TRUNK HIGHWAYS #55 AND #49 PRELIMINARY PLAN Mr. Colbert reviewed a preliminary plan for MnDOT for the proposed up- grading of Trunk Highways #55 and #49 from Blue Gentian Road to approximately 4 mile south of County Road #26. He noted that two new frontage roads including those to the Airliner Motel and the Terrace Motel would require maintenance on behalf of the City under the proposal. Wachter moved and Egan seconded the motion to approve the plan and to authorize the Mayor and City Clerk to sign the resolution. All members voted in favor. R 80-4 COUNTY ROAD #30 - LONE OAK ROAD SPEED LIMIT A letter from Commissioner James Kennedy of the Dakota County Board requesting a resolution of the City Council to attempt to reduce the speed limit on Lone Oak Road to 30 m.p.h. in light of the safety hazard was next considered. Parranto moved and Wachter seconded the motion to forward a letter to the County Board requesting its assistance in reducing the speed limit to 30 m.p.h. on Lone Oak Road in light of the safety hazards for pedestrians including residents and school children. All members voted in favor. IMPROVEMENT PROJECT #79-17 - SAFARI ESTATES UTILITY CONTRACT The Council discussed the execution of the contract covering Improvement Project #79-17 with Austin P. Keller Company and it was noted that an additional time extension had been granted by Keller for award of the contract. The Council was receptive to Keller's request to extend the completion time but that it not remove the provision for liquidate damages. All easements have not been acquired according to the City Attorney and no action was taken. LIBRARY SITE It was noted that a request had been received from the Dakota County Attorney's office that the City Council convey the ten acre library site to the County. It was noted, however, that the architect had not been selected for the library building and the Council indicated that it would delay action on conveyance until the architect has been selected which is expected soon. WENDELL WIDSTROM VS. CITY OF EAGAN Paul Hauge, City Attorney, explained to the City Council that the hearing scheduled the prior week in District Court had been continued in light of the nego- tiation for settlement. He stated that the Widstroms had agreed to remove their business operation by June 1, 1981; and upon motion by Smith and seconded by Egan, it was RESOLVED that the proposed settlement be approved and that the City Attorney be authorized to enter into a Stipulation of Dismissal on the basis of the proposal. All members voted in favor. City Council Minutes January 15, 1980 Page Ten GOPHER-EAGAN PUD PARK DEDICATION City Atorney Hauge next explained the proposal by Mr. Irv Kutoff of Gopher Smelting that a total of 172 acres will be dedicated to the City from Gopher- Eagan PUD adjacent to Windtree Addition in increments of 5 acres in 1979, 3 acres in 1980, and 3 acres over year until the 172 acres are granted to the City. Egan moved and Smith seconded the motion to accept the proposal to accept conveyance of the park dedication and to authorize a revision of the PUD agreement to include the charge. All members voted in favor. DAKOTA COUNTY LEAGUE OF CITIES Mr. Hedges stated that the City has received a request from the Dakota County League of Cities that the Eagan City Council join the League at the per capita rate of $.05 dues per year or about $1,023 in 1980. It was noted that the budget did not provide for the expenditure and the issue will be considered in the 1981 budget. EMPLOYEE MILEAGE REIMBURSEMENT Tom Hedges reviewed with the Council a proposed reimbursement increase to $.18 from $.15 per mile for employees who use their personal vehicles for City business. In light of cost increases including energy increases, Wachter moved and Blomquist seconded the motion to accept the recommendation to increase the reim- bursement to $.18 per mile. All members voted in favor. ENERGY TASK FORCE The City Administrator reported concerning the meetings that had been held between Apple Valley, Burnsville, Eagan, Lakeville and Savage concerning energy conservation particularly regarding transportation in the Cities covered. Mr. Hedges has attended a number of meetings and stated that an open meeting will be held on January 23, 1980, at 7 p.m. at Metcalf Junior High at which time all Council members and all other interested persons are invited. PARK DIRECTOR JOB DESCRIPTION The job description proposed by the City Administrator for the position of Director of Parks and Recreation was reviewed by the Council. Egan moved and Blomquist seconded the motion to approve the description and to authorize the adver- tisement for applicants by the City Administrator's office. All members voted yea. BOARD OF EQUALIZATION Smith moved and Egan seconded the motion to schedule a Board of Equali- zation meeting for May 29, 1980, at 7 p.m. at the Eagan City Hall. All members voted in favor. City Council Minutes January 15, 1980 Page Eleven IMPROVEMENT PROJECT #80-2 - DEEP WELL #6 The plans and specifications for deep well #6 consisting of Improvement Project #80-2 - Project #286 were submitted by the City Engineer and recommended for approval by Mr. Colbert. Wachter moved and Egan seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened on Februrary 13, 1980, at 3 p.m. at the Eagan City Hall. All members voted yes. FIRE STATIONS #1 AND #3 - PAYMENT NO. 5 Mr. Colbert recommended payment No. 5 to the contractor in the sum of $33, 318 for Fire Stations #1 and #3. Smith moved and Egan seconded the motion to approve the recommendation. All members voted in favor. MTC BUS SHELTERS Tom Colbert then reviewed a report from the MTC agreeing to build on an additional bus shelter site and asked directions as to the location. 10% of the cost or a maximum of $500 would be paid by the City with the City assuming per- manent maintenance except structural. Parranto moved and Egan seconded the motion to approve the construction of a shelter at the Valley View Apartment site. All members voted in favor. JAMES REFRIGERATION UTILITIES A petition to extend utilities to service the James Refrigeration building on Pilot Knob Road consisting of Project #300 was next submitted. Smith moved and Parranto seconded the motion to request the City Engineer to prepare a feasibility report and schedule a public hearing for Project #300 for February 19, 1980, at 7 p.m. at the Eagan City Hall. MnDOT 1-494 DRAINAGE A request has been received from the Minnesota Department of Transpor- tation to review the drainage patterns into O'Neill Pond in O'Neill Homestead. Wachter moved and Egan seconded the motion to request the City Engineer to prepare a cost analysis and to report back to the Council. All members voted in favor. APPLE VALLEY - I-35E LEGAL FEE CONTRIBUTION Mayor Blomquist acknowledged the receipt of $10,000 from the Apple Valley City Council for assistance to Eagan in payment of the special counsel fees for the I-35E Blackhawk bridge permit hearing. The City Administrator was directed to prepare a letter acknowledging the appreciation of the Council for the inter- community support as expressed by Mayor Blomquist. City Council Minutes January 15, 1980 Page Twelve VOUCHERS Parranto moved and Egan seconded the motion to approve the following vouchers: 925-933; 9500-9595; 14243-14382. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:40 p.m. All members voted in favor. DATED: January 15, 1980 PHH City Clerk