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03/18/1980 - City Council Regular Opp MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 18, 1980 A regular meeting of the Eagan City Council was held at 6:30 p.m. on Tuesday, March 18, 1980, at the Eagan City Hall. Present were Mayor Blomquist, Councilmembers Parranto, Wachter, and Egan. Councilmember Smith arrived later in the meeting. Also present were City Public Works Director Tom Colbert, City Administrator Tom Hedges, City Engineer Bob Rosene, and City Attorney Paul Hauge. AGENDA Upon motion duly made and seconded, the agenda was approved with certain revisions. MINUTES 1. February 28, 1980. The minutes of the February 28, 1980, special City Council meeting were approved upon motion by Egan, seconded by Wachter, all members voting in favor. 2. March 6, 1980. The minutes of the March 6, 1980, special meeting of the Eagan City Council were approved upon motion of Wachter, seconded by Egan, all members voting yes with the exception noted that Wachter was not present at the meeting. 3. March 4, 1980. Wachter moved, Egan seconded the motion, to approve the minutes of the March 4, 1980, regular City Council meeting with the under- standing that the staff will recommend a landscape bond for the Michael Sill Addition. 4. March 11, 1980. Egan moved, Wachter seconded the motion, to approve the minutes of the March 11, 1980, special meeting. All voted in favor. POLICE DEPARTMENT Chief DesLauriers was present. 1. 1979 Oldsmobile Diesel Squad Car. Mr. DesLauriers reviewed his letter of March 12, 1980, concerning a cracked block on the 1979 Oldsmobile squad car. He requested direction from the Council but recommended that contacts be made with the field representative of GMC who have refused to replace the block and also that General Motors Corporation be contacted requesting reimbursement for what appears to be an original defect in the block. The block has now been replaced. Wachter moved, Egan seconded the motion, all voted yes to accept the recommendation and to request the City Administrator to write a demand letter to General Motors and the local regional manager to reimburse the City for the cost and further that in the event that action is not successful, that the City Attorney be requested to commence an action against General Motors for reimburse- ment. All voted in favor. City Council Minutes March 18, 1980 Page Two 2. Squad Car Accident. Chief DesLauriers stated that the Buick Skylark squad car had been involved in an accident on the prior Thursday and that presently the automobile was being repaired. No action was taken. PARK DEPARTMENT The Council reviewed the proposed Tournament Regulations for Northview field complex including background information and softball tournament policy. The Advisory Park Committee recommended approval including proposed fees. Parranto moved, Wachter seconded the motion, to approve the Tournament Regulations including softball tournament policy with an increase in Class 1 user fee to $50 and Class 2 to $100. All voted in favor. Parranto moved, Egan seconded the motion to approve the entire policy as revised. All voted yes. D 80-27 PUBLIC WORKS DEPARTMENT Tom Colbert was present. 1. MTC Bus Shelter. At the January 15, 1980, City Council meeting, the Council approved the installation of a passenger waiting shelter at Valley View Apart- ments on Rahn Road. The MTC has indicated it would install-a passenger shelter at the intersection of Wildwood Lane and Rahn Road because it has the highest load count of any place in the City. It was noted that additional right-of-way would be required from Cedar Grove Baptist Church at that location. Councilmembers were opposed to the position of MTC on the basis of the Eagan Council's earlier detailed analysis. Blomquist moved, Parranto seconded the motion, to request the City Administrator to forward a letter to the MTC expressing the City Council's concern regarding the shelter, with copies to Gail Kincannon, the MTC representative, and Kathy Ridder of the Metropolitan Council. 2. Street Sweeper. Mr. Colbert stated that the only bid received for a street sweeper for the City was from MacQueen Equipment, Inc., in the sum of $51,268 with an alternate used piece of equipment of $48,760. A representative of MacQueen Equipment was present and explained the bid. Wachter moved, Parranto seconded the motion to approve the purchase of the used street sweeper in the sum of $48,760. All voted yes. CONSENT AGENDA 1. Improvement #80-4, Cedarcliff Utilities. The low bid of 27 bids was from Walhunt Construction Company in the sum of $139,554.40. The Public Works Director recommended approval. 2. Duckwood Trail Utilities and Street Petition. The City received a written request from Bar-Ett Construction Company for preparation of a feasi- bility report for installation of streets and utilities in Duckwood Trail Addition. It was recommended that the petition be received and that the City Engineer prepare a feasibility report under Project #308. 3. Meade Addition Final Plat. A request was received from Mr. and Mrs., William Meade that 4700 Cedar Avenue South receive an extension of time for one year to petition for approval of the final plat of Meade Addition. C~- 3uncil ~iiautcs March 18, 1980 Page Three 11, Uu%j 4. Data Privacy Act. The City Administrator recommended that Alyce Bolke, City Clerk, be authorized as the responsible authority under the Minnesota Data Privacy Act to safeguard City funds and data and the personal property of City employees and to proceed to enforce the Minnesota government Data Privacy Act as applied to the City. R 80-19 5. City Weed Inspector. Public Works Director Colbert recommended that James McGuffee, Park Foreman, be appointed as the assistant weed inspector for the City beginning April 1, 198-0. D 80-28 6. Improvement Project #224A Change Order No. 2. Change Order No. 2 for revised Improvement Project #224A, Ches Mar Fourth and Fifth Additions in the sum of $11,690 was submitted and recommended for approval by Mr. Colbert; and, further to authorize payment to Frederickson Excavating, Inc. 7. Improvement #224A, Change Order No. 3. The next change order submitted in the sum of $11,300 to Frederickson Excavating, Inc., consisted of Change Order No. 3 to Improvement #224A for Ches Mar Fourth and Fifth Additions was submitted for approval. 8. Improvement #224A, Final Payment. The Public Works Director recommended the City Council accept Project #224A with Frederickson Excavating, Inc., covering Ches Mar Fourth and Fifth Additions and authorize final payment in the sum of $29,920. 9. Project #216, Change Order No. 1. The next change order recommended for approval was Change Order No. 1 for Improvement Project #216 for Mallard Park Addition with Frederickson Excavating, Inc., in the sum of $21,749. 10. St. Francis Wood Second Addition Petition Project #307. The City received a written request from Mr. Richard Giefer of Lexington Development Company requesting the preparation of a feasibility report for the extension of sanitary sewer and water main to service St. Francis Wood Second Addition located on Duckwood Drive and Lexington Avenue. It was recommended that the petition be received and a feasibility report be ordered for Project #307. 11. Deep Well No. 5, Final Payment. The City Engineer recommended the Council accept Project #193 for perpetual maintenance and authorize the final payment in the sum of $1,499.50 to Keys Well Drilling Company covering Deep Well No. 5. 12. Improvement Project #79-5 Assessment Hearing. The City Administrator recommended that the Assessment Hearing for Improvement Project #79-5 covering sanitary sewer, storm water and water mains in the Vienna Woods, Buffer Hills, and Denmark Avenue area be scheduled for May 6, 1980, at 7 p.m. at the City Hall. 13. Project #305, Petition for Street Improvements. A request for street improvements for Project #305 consisting of Wescott Road from Lexington Avenue to the extension of Wescott Road was received by the Council. It was noted that the Dakota County Library facility is scheduled to be completed by 1981. It was recommended that the City Council order a feasibility report for the street improvement consisting of Improvement Project #305. 14. JKR Company IDR Bonds. A request from Mr. Ken Appelbaum for a continuance of the consideration of industrial revenue bonds to May 6, 1980, was next discussed. The Administrator recommended approval. City Council Minutes March 18, 1980 31 Page Four Parranto moved, Egan seconded the motion, all voted in favor to accept the recommendations and authorize the action required under each of the consent items mentioned above except Change Order No. 2 for Project #224A and the Wescott Road street improvement Project #305. IMPROVEMENT #224A CHANGE ORDER NO. 2 After discussion concerning spreading the costs and assessments, Egan moved, Wachter seconded the motion to approve the request for Change Order No. 2 to Project #224A. All voted in favor. PROJECT #305 WESCOTT ROAD IMPROVEMENTS Councilmember Parranto recommended that the Council delay consideration of the adoption of the request for the Wescott Road improvements until the next regular meeting to determine whether the Legislature acts concerning the interest rates on sale of bonds and further to determine the status of the bond issue with the City. Parranto moved, Wachter seconded the motion, to authorize the continuance until the next meeting. All voted in favor. Mr. Colbert explained the importance of determining the alignment and nego- tiating with the owners for the right-of-way for the extension of Wescott Road. HASSELMAN BONDS AND MARDELANN ADDITION The Council then considered the application of F. J. Hasselman for $750,000 Industrial Revenue Bonds concerning a building on Blackhawk Road and preliminary plat approval of Mardelann Addition. Mr. Hasselman was present together with the contractor for the building. Councilmember Parranto reviewed the proposal and the findings of the Finance Committee for IDR bonds. It was noted that land acquisition costs are not permitted under Eagan's policy and $75,000 was pro- vided for site development including parking, lighting and fencing. The Finance Committee recommended approval, provided the costs can be substantiated in the amount of $750,000 under Eagan policy. Parranto moved, Egan seconded the motion, to approve the sale of $750,000 of IDR bonds as requested subject to the condition above. All voted yes. SEE BOND FILE It was noted the lot coverage for the building was slightly under the 35% limit. The Council reviewed the Planning Commission minutes and its recommen- dations and there was considerable concern by Councilmembers regarding land- scaping along the existing building on Highway #13. Mr. Hasselman agreed to additional plantings and trees in accordance with City requirements. Egan moved, Wachter seconded the motion to approve the preliminary plat of Mardelann Addition subject to the following conditions: 1. That additiona 1 landscaping ,be installed on the Highway #13 side of Lot 2 according to City staff direction together with the filing of a $6,000 landscaping bond. 2. Right-of-way for Blackhawk Road shall be provided on the final plat. 3. All easements shall be dedicated as required by City staff. 4. There should be no storage on the side of the building which faces Blackhawk Road. City Council Minutes March 18, 1980 1J Page Five 5. The crushed limestone area in the rear shall be treated with adequate dust control material as required. 6. The parking area shall be blacktopped and concrete curbing around the perimeter according to ordinance. 7. A cross easement shall be provided for joint traffic use with the LaHass lot because an access is shown. 8. If any office space is provided, additional parking shall be approved by the City. 9. Blackhawk Road should be improved to the north line of Lot 1, Block 1, of this addition. 10. An erosion control plan shall be submitted and approved prior to final plat application. 11. The developer shall agree to install additional medians if the City feels the need is warranted in the future. 12. A conditional use permit shall be required for storage if applicable. 13. That this plat shall not imply approval of the development of the balance of the land to the east owned by Mr. Hasselman. All voted in favor. D 80-29 PROJECT #264 TWIN VIEW MANOR The Mayor next convened the public hearing at 7:30 p.m. concerning Improve- ment Project #264 consisting of utilities and streets for Twin View Manor addi- tion. It was noted that in December of 1978 a petition was submitted by certain owners of Twin View Manor requesting the installation of utilities and the feasibility report was submitted at the meeting on February 19, 1980. Mr. Colbert and Mr. Rosene explained the project and a number of affected owners were present. Petitions from owners both opposing and favoring the utility improvements and street improvements were reviewed by the Council. It appeared that 12 lot owners opposed the street improvements with four lot owners favoring the improvements. Eleven property owners favored the utility improve- ments and seven property owners opposed the utility improvements. Mr. Villeli recommended delay until the owners could receive additional information regard- ing costs for the street improvement in particular. Some spoke in favor, including those who were having sewer problems and those who indicated that the streets needed improvement. Others opposed certain of the proposed improvements. Councilmember Smith arrived at the meeting at this time. Councilmembers indicated from past experience that owners have often favored the utility improvements with a majority opposing street improvements until the project is underway. The Mayor closed the hearing at 8:20 p.m. Blomquist moved, Parranto seconded the motion, to close the hearing at 8:20 p.m. All voted in favor. Parranto then moved, Wachter seconded the motion, to approve City Council Minutes March 13, 1980 Page Six e: the project for utility improvements and to order them in and to authorize the City Engineer to prepare the plans and specifications, noting that there were some serious sewage problems in the area. All members voted in favor. There was further discussion concerning the street improvements with six lot owners present favoring the improvements and five opposed. Parranto moved, Smith seconded the motion, to authorize the street improvements to be ordered in and to authorize the City Engineer to prepare the plans and specifications. Mayor Blomquist stated that some affected property owners were not present and they should get additional information. Other Councilmembers stated that information received at the hearing was the most important. Those in favor were Parranto, Egan, Smith. Those opposed were Blomquist and Wachter. A review of the petition for the improvements was required to determine whether the street improvement project motion was sufficient with a 3/5 vote of the Council to determine whether improvements can be installed under the Local Improvement Statute. After review of the petition, it was noted that the City Council authorized the feasibility report for the street improvement portion and without 4/5 vote the street improvements cannot be installed. TAX EXEMPT MORTGAGE PROGRAM Mr. Hedges stated that after review of the official documents of the tax exempt mortgage bond issue for single family housing project, it was discovered that the language does not include mortgage bankers in the program. Egan moved, Smith seconded the motion, all voted in favor, to amend the tax exempt mortgage financing program to allow mortgage bankers as lenders in the program. All voted in favor. In addition, Mr. Hedges indicated that some lenders appeared to have accepted earnest money contracts contingent upon the sale of the tax exempt bonds and it was recommended by the City staff and Miller & Schroeder that all earnest money contracts dated prior to the date of the resolution authorizing sale would be void and would not qualify. The projected sale date is April 15, 1980. Parranto moved, Smith seconded the motion, to authorize the preparation of a resolution that any earnest money contract for the sale or purchase of single family residential property dated prior to the date of the proposed resolution for the sale of the bonds not qualify for a mortgage under the plan. All voted in favor. R 80-20 COACHMAN LAND COMPANY PRELIMINARY PLAT The request from Rosewood Corporation, the developer of Coachman Land Company First Addition, to continue consideration of the item until the April 1, 1980, meeting was next discussed. Wachter moved and Egan seconded the motion to accept the request and to continue the consideration until April 1, 1980, as requested by'the applicant. All voted yes. DAKOTA COUNTY LAW ENFORCEMENT ASSOCIATION It was noted that Councilmember Parranto resigned as the City's representative to the Dakota County Law Enforcement Association and that an attempt has been made to acquire applicants for the representative from the City. There have been City Council Minutes March 18, 1980 ;c Page Seven three persons who have applied: Peter M. Klein, Robert C. Haywood, Sr., and Dale Vogt. Blomquist moved, Egan seconded the motion to continue consideration of the appointment to permit the staff to contact those persons interested in appointed positions who indicated such interest early in 1980. All voted in favor. DODD ROAD PETITION AL HARP The City Administrator next reviewed the meeting held on Wednesday, March 12th with residents living on Dodd Road south of Cliff Road regarding the com- plaint of certain residents that Al Harp was conducting an outside storage operation on his property at 4785 Dodd Road. He stated that there was general consensus from those present at that meeting that the steps recommended concern- ing the operation be implemented and be approved. Mr. Hedges reviewed his report including alternate types of action by the Council. Mr. Ed Galbraith, attorney for Mr. Harp, appeared and discussed the issues and stated that only a business office was conducted out of the property and was used only for drop off and pickup of material. He further stated that there was a pickup of 6 to 15 barrels and one truck coming in twice a day. Mr. Harp was present as were a large number of neighboring residents. He agreed with the conditions that were suggested by the neighbors. Councilmember Smith stated that there is no guarantee that the Council would allow the opera- tion other than temporarily and that there may be other complaints from neigh- boring property owners in the future. He further stated that the City will not sanction the operation nor would it necessarily police the operation on the premises. Smith moved, Egan seconded the motion, to insert the report of the City Administrator into the Council records and to acknowledge that an under- standing had been reached between the complaining neighbors and Mr. and Mrs. Harp. The neighbors agreed to not request further action from the City Council at the present time concerning their complaint. All voted in favor. D 80-30 EAGAN ICE ARENA PROPOSAL The Eagan Ice Arena Committee requested that they be permitted to make a presentation to the City Council for endorsement of the ice arena project in the City. Mr. Lynn Kiefer was present and introduced written materials for Council review. He went into detail concerning the proposed ice arena intended to be located on City property on Pilot Knob Road, the proposed funding through volunteer subscriptions and also requested that the City endorse the project including the potential for installing sewer and water utilities and donating the land for the ice arena. There were concerns-from Council members concerning future maintenance costs by the City if there is not sufficient revenue to cover operating costs. There was discussion concerning the preparation of an agreement between the Ice Arena Committee which was intended to be set up as a nonprofit corporation and the City. Councilmembers indicated that only concept endorse- ment would be appropriate at the present time. Smith moved, Parranto seconded the motion, to grant Council endorsement for the proposed ice arena and that a letter be prepared by the staff in conjunction with the representatives of the Ice Arena project outlining the endorsement, which letter will be prepared on March 19, 1980. Those in favor were Parranto, Egan, and Smith. Those against were Wachter and Blomquist. City Council Minutes March 18, 1980 Page Eight Mr. Hedges expressed some concerns that he had regarding the proposal including those outlined in the packet. The letter from City Attorney Paul Hauge was reviewed regarding some of the technical issues that must be considered. The staff was requested to proceed to prepare a preliminary draft agreement to detail the conditions regarding the City Council's endorsement of the proposed ice arena project. BICENTENNIAL FIFTH ADDITION PRELIMINARY PLAT A letter from Mr. Martin Colon, the developer of Bicentennial Fifth Addition, to continue the item until the April 1 hearing was next considered. Wachter moved, Parranto seconded the motion, to continue the consideration until the April 1 meeting as requested. All voted yes. WALDEN HEIGHTS PRELIMINARY PLAT AND REZONING The application of Pilot Knob Estates, Inc., for rezoning from Agricultural to R-1, Residential Single, and preliminary plat approval of Walden Heights was next considered. Mr. Mike Gair, planner, appeared on behalf of the applicants and discussed the 46.6 acre parcel with first phase of 23.8 acres for single family use. He indicated that the density would be about 1.9 units per acre. A number of neighboring property owners were present and expressed concerns about streets, etc. Noting very steep grades, Councilmembers also discussed with Mr. Gair some of the concerns it had regarding the installation of utilities and streets in the area. Wachter moved, Smith seconded the motion, to approve the rezoning from Agricultural to R-1, Residential Single Family. All voted in favor. Wachter then moved, Smith seconded the motion to approve the preliminary plat of Walden Heights upon the following conditions: 1. That Richard Lane be kept open to a point approximately on the north side of Delores Lane. 2. That the Public Works Department review all plans for construction because of the nature of the terrain. 3. That no utilities will be authorized for Outlot A until the land to the west is developed. 4. Lots 1 and 3 of Block 1 shall have restricted access to Cliff Road. 5. The proposed plat abuts a county road and shall be subject to the Dakota County Plat Commissions' recommendations. 6. All easements required by the City shall be dedicated to the City of Eagan. 7. A ten-foot trailway shall be provided to the City along the west side of Lot 12, Block 2, and 8-foot bituminous surfacing shall be constructed from Thomas Lane to the park by the developer. 8. A 75-foot half right-of-way shall be dedicated for Cliff Road. 9. An erosion control plan shall be submitted prior to final plat appli- cation and a drainage plan to tie in to property to the east should be provided. City Council Minutes March 18, 1980 Page Nine 10. The developer shall grade the entire park property within this plat to the approved elevations as determined by City staff. 11. The developer shall install a ten-foot bituminous trailway immediately adjacent to its north line, within the county right-of-way or escrow an equivalent amount for its future construction. 12. Name changes shall be provided for Thomas Lane, Walden Drive, and Thomas Court. R 80-21 All voted yea. D 80-31 DAKOTA COUNTY HOME FOR BATTERED WOMEN The request from Dakota County for a conditional use permit-to allow an increase in the number of persons from 12 to 20 including supervisory personnel and residents for the home for battered wormen on Cedar Avene was next considered. A representative from the home was present and it was noted there were no objections nor had there been objections at the time of the original application. Further, no complaints have been registered with the City regarding the operation of the home. The staff recommended approval. Smith moved, Blomquist seconded the motion, to approve the permit to increase the number of persons authorized to 20 with the understanding that the City Planner be given authority to require additional parking necessary for staff and residents, and also that the building inspector be satisfied that the facility is adequate for housing 20 persons for use as a public facility. All voted in favor. D 80-32 IMPROVEMENT #80-9 PLANS AND SPECIFICATIONS Council next considered the plans and specifications which were submitted by the City Engineer for Improvement 4680-9 consisting of improvements to the James Refrigeration site at County Road #30 and Wildwood Lane. Smith moved and Wachter seconded the motion to approve the plans and specifications and to authorize the City Clerk to advertise for bids to be received and opened at 3 p.m. on March 31, 1980, at the Eagan City Hall. JOHN CEDARBERG LAKE PARK ADDITION Mr. John Cedarberg appeared and strongly objected to the City Council for lack of access to his residential home on Thomas Lake in Lake Park Addition due to construction of the access road. Councilmember Parranto vacated his chair during the discussion and indicated that he had an interest in Lake Park Addition. It was noted that the contractors are required to maintain reasonable access at all times and with the spring thaw, the staff recommended that it attempt to provide adequate access through the contractor. Councilmembers expressed their concerns and requested the staff to review and recommend a resolution on a temporary basis. March 18, 1980 Page Ten c`rs DAKOTA COUNTY LIBRARY SITE Attorney Paul Hauge received a request from the Dakota County Attorney that the Council authorize the signing of a Warranty Deed covering the five acre Dakota County Library Site on Wescott Road noting that a recommendation had been made by the County Board to the Library Board for the appointment of architects for the library. Smith moved, Blomquist seconded the motion, all voted in favor to authorize the execution of the deed to Dakota County. All voted in favor. R 80-22 GOPHER EAGAN PUD AGREEMENT Mr. Hauge submitted an amendment to the Gopher Eagan Planned Development Agreement which has now been signed by Gopher Smelting Company, the developer, and recommended approval. Egan moved, Wachter seconded the motion, to approve and authorize execution of the amendment which deals with the conveyance of 17.38 acres of park land on a phased basis to the City. A 80-6 HILLCREST DEVELOPMENT COMPANY MARI ACRES Paul Hauge explained to the Council that Hillcrest Development has now forwarded the agreement originally authorized by the City Council in July of 1979 regarding the dedication of a pond to the City by Hillcrest Development in proposed Mari Acres on Nicols Road (Cedar Avenue). The staff recommended that real estate taxes and the assessments due and payable in 1980 be paid by Hillcrest or until the time of conveyance of the Warranty Deed covering the pond site be paid by Hillcrest. It was noted that Hillcrest will not convey the deed until Mari Acres plat has been recorded.. The Council agreed with the recommendation . No formal action was taken. IMRE ADDITION IDR BONDS The Council discussed the request from James Imre for approximately $400,000 to $450,000 industrial revenue bonds and noted the $500,000 limit under the Eagan policy. No action was taken regarding this request. PILOT KNOB ROAD CONSTRUCTION UPDATE Mr. Colbert reviewed with the Council the plans that he had just received from the Dakota County Highway Department for improvement of the north.two miles of Pilot Knob Road and indicated that the plan is for the award of the contract in June of 1980 with completion in October of 1980. The Council indicated that a special meeting would be held on March 25 by the City Council to review the plans in more detail including other issues to be considered at that time. MUNICIPAL BOND INTEREST RATE 1980 LEGISLATURE The City Administrator reviewed with the Council a request from the League of Cities for support from City Councils throughout the state concerning the League's position including increase in the allowable limit for municipal bond rates. Mr. Hedges was authorized to forward a letter to the local legislators encouraging support of the League position regarding municipal bond interest rates during the 1980 session. City Council Minutes March 18, 1980 Page Eleven VOUCHERS Wachter moved and Egan seconded the motion, all voted in favor, to approve the following vouchers: 964-977, 9885-9971, 14853-15003. ADJOURNMENT Smith moved, Parranto seconded the motion, all voted to adjourn at 11:45 p.m.. PHH Dated: March 18, 1980 G~ Pc City/Clerk