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04/15/1980 - City Council Regular OOO MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 15, 1980 A regular meeting of the Eagan City Council was held on Tuesday, April 15, 1980, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist, Councilmembers Smith, Parranto, Wachter and Egan. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. LIONS CLUB PRESENTATION President Chell Craigie and Secretary Bob Haywood of the Eagan's Lions Club were present and delivered checks to the City Council for resuscitators for two police cars, equipment for the Park Board and Recreation Department. Mayor Blomquist thanked the Lions Club for the presentation. AGENDA Mayor Blomquist discussed the item regarding the request of Rosewood Corporation for review of the preliminary plat of Coachman Land Company and indicated that according to the information received through the Administrator, no resolution had been submitted regarding the plat as requested at the last meeting of the City Council. It was noted that a motion to reconsider would be required. Blomquist moved, Egan seconded the motion that the matter be continued to the next meeting provided that the applicant submit the necessary information to the staff for submission to the City Council. Mr. Howard STacker, attorney for the applicant, Mr. Yoch and Mr. Rekstad were present. All members voted in favor. Egan moved, Wachter seconded the motion, all members voted in favor to approve the agenda as distributed with the exception that the conditional use permit renewal for Cedarvale Fish and Pet Center be continued. MINUTES April 1, 1980 meeting. Smith moved, Parranto seconded the motion to approve the minutes as distributed. All voted yes. FIRE DEPARTMENT Chief Bob Childers was present and indicated that the City will welcome the Capitol City Firefighter's Association representatives who will be in Eagan on May 14 including about 80 persons from several area fire departments. POLICE DEPARTMENT Martin DesLauriers was present. Mr. DesLauriers submitted the bids for the two squad cars and recommended that the bids be awarded to the low bidders as follows: Council Minutes April 15, 1980 Page Two 0 fl, 11 °,3 Joe Graeve Motors - Cutlass Diesel $7,777.28 Joe O'Brien Chevrolet - Chevrolet Citation $7,179.96 Smith moved, Egan seconded the motion to approve the purchase as recommended. All voted yes. 2. Eugenie Johnson. The Police Chief recommended that Eugenie Johnson be hired in the part time position of receptionist clerk-typist effective April 16, 1980. Wachter moved, Smith seconded the motion, all voted in favor to approve the recommendation. CONSENT AGENDA ITEMS 1. Dakota County CETA Diane Bryda. Mr. Hedges announced that Diane Bryda is the new CETA artist replacing Wendy Erickson and recommended that the Council authorize execution of an agreement with Dakota County CETA for hiring and funding of Diane Bryda in that position. A 80-10 2. Wilderness Park Second Addition Letter of Credit. It was the recommendation of the City Engineer to reduce the Letter of Credit for Wilderness Park Second Addition from $14,500 to $7,000. Upon motion by Smith, seconded by Parranto, it was resolved that the Consent items be adopted as recommended. All voted yea. CEDARVALE FISH AND PET CENTER CONDITIONAL USE Upon motion by Wachter, seconded Egan, it was RESOLVED that because of the potential exhaust problems from Cedarvale Pet and Fish Center the appli- cation be continued. All voted in favor. EAGAN PARK NAMES Mr. Hedges indicated that the Park Committee had requested the City Administrator to contact the History Committee and various neighborhood groups in an effort to name certain parks throughout the City which do not have official names. No official action was taken. HIGHVIEW AVENUE IMPROVEMENT #292 The Mayor then convened the public hearing regarding Improvement Project #292 consisting of street and storm sewer improvements on Highview Avenue. It was noted on March 4 the City Council held a public hearing and some revisions had now taken place including the extension of the area to be covered within the project and street lighting. Mr. Colbert introduced the project and the feasi- bility report was reviewed by City Engineer Rosene. A number of affected property owners were present and some favored and others opposed the improvements. It was noted that the project had been presented in public hearings on at least two other occasions in earlier years, each time without favorable action. It was noted that there would be no assessments for the street lighting project. Council Minutes April 15, 1980 Page Three C C Approximately 13 families opposed the project consisting of 1,944 front feet. Some suggested calcium chloride and assessment for that purpose. After considerable discussion, Parranto moved to close the public hearing and order in the project. Smith seconded the motion and indicated that he felt it would be a disservice to the affected owners not to approve the improvements because of the increases in costs. The petition from property owners for a feasibility report was also reviewed. There were concerns about maintenance of gravel roads. It was noted that nearly every lot in Highview Addition has now been split. Smith moved, Parranto seconded the motion, to amend the motion to direct the Assessment Com- mittee to review the 85 foot proposed assessments for the Remick and O'Toole properties. Those in favor of the main motion as amended were Parranto and Smith. Those opposed were Wachter, Egan, and Blomquist and the motion failed. TAX EXEMPT MORTGAGE FINANCING Mr. Richard Lincoln of Miller & Schroeder was present and again discussed the status of the tax exempt mortgage financing bond issue.' He explained that the bond rating had not been received from Standard & Poor's until last Thursday and Miller & Schroeder did not have time to test the market concerning the sale. It was recommended that a 1-1f% maximum interest rate be allowed under the Standard & Poor's rating of "A" for the City. It was expected that the "A" rating will affect the interest rate from 1/8% to 1/4%. It was expected the mortgage interest will be 1% higher and there was discussion regarding graduated payment mortgages with up to ~ of the mortgages to be sold in that fashion. Miller & Schroeder recommended that the City proceed with the earlier resolution. The Finance Committee will review the tax exempt mortgage program on Wednesday, April 16, with a special City Council meeting on April 17 at 7:00 p.m. at the City Hall. TRAPPING ORDINANCE Mayor Blomquist introduced the subject concerning the proposed trapping ordinance that had been petitioned for by certain property owners. in the City. Mr. Hedges reviewed the information received and the Council had a considerable number of documents, letters, etc., that were distributed in the packet prior to the meeting. Kate Laveen originally submitted the request that the Council review a proposed steel leg trap ordinance and a large number of interested persons were present. Some persons spoke in favor and some against the ordinance. Leo Murphy spoke against the ordinance and Kate Laveen submitted a petition with approximately 600 signatures in favor of the ordinance. Wayne Eller, State Conservation Officer for the DNR and a.resident of Eagan, spoke recommending that steel traps be permitted to control the number of diseased animals and recom- mended that more controls be placed on domestic animals running loose. Kathleen Gilbertson, the Animal Warden, spoke in favor of such an ordinance. Councilmember Wachter suggested controls only be imposed within City parks. Councilmember Egan suggested more study and also that the County and State guidelines regarding trapping be reviewed. Egan moved to request the staff to investigate the leghold steel trap issue to a greater extent including the status of the trapping ordinance issue within Dakota County. Blomquist seconded the motion. All members voted in favor except Wachter who opposed only because he favors banning the traps in parks only. Council Minutes April 15, 1980 Page Four 0 C" DON HALIEN SPECIAL PERMIT Mr. Don Halien, 740 Blue Gentian Road, appeared with an application for a special permit to allow 7 people in a single family house, consisting of the Ames Estate on Blue Gentian Road. He stated that the property covers 15 acres, with a 3-bedroom and 3-bathroom garage house, a 9-bedroom, 7-bath main house and that he has sublet portions of the house and acts as its caretaker. He stated that the State Fire Marshal had inspected the property and stated that the home was in violation of several provisions of the fire code. A hotel lodging license is required in order to continue the present operation. Because of the high fuel oil costs, Mr. Halien requested that up to 7 people be permitted through a special permit by the City Council for a period of six months in order to pay for the past credits of fuel oil. Councilmember Smith stated that the Council could not act because of potential liability problems and no formal action was taken by the Council. SAFARI AT EAGAN PRELIMINARY PLAT Mr. Byron Watschke appeared on behalf of the application of Fortune Realty for preliminary plat approval of Safari At Eagan and site plan approval for a shopping center at the northwest corner of Thomas Lake Road and Cliff Road. It was noted that the Advisory Planning Commission had held a hearing on March 25,1980 and recommended approval subject to certain conditions. Mr. Hedges introduced the topic and Mr. Greg DuMonceau appeared regarding the application. A large number of neighboring property owners were also present primarily in opposition to the proposal. Mr. Watschke indicated that the PUD had been approved in 1973 and at present there were no plans for the north or western area of the 30-acre parcel. Mr. Watschke stated that the developers agreed with all the recommendations of the Planning Commission. Mr. DuMonceau reviewed the 87,500 square foot shopping center building as a part of phase I on 8.4 acres including an all brick facade. Mr. Winn Scott, president of the Woodgate Homeowners Association, appeared in opposition for several reasons: a) There were six shopping centers within five miles at the present time; b) He recommended that the property be rezoned to a lighter density; c) health, safety, and welfare do not dictate the location of a shopping center in that location; d) the traffic problems would be increased; and, e) That notices were not properly sent to certain property owners concerning the public hearing before the Planning Commission. Certain Councilmembers indicated that the economics of the plan are not a factor in consideration by the Council. The important issue is whether the plan fits within the proposed zoning. After extended discussion, Smith moved, Parranto seconded the motion to continue consideration of the issue for the staff to research the matter to a greater extent, that the Planned Development proceedings for Blackhawk Park be reviewed by the staff and that the Council next consider it on May 20, 1980. All voted in favor. Council Minutes April 15, 1980 Page Five ' EAGANDALE CENTER INDUSTRIAL PARK #1 BLOCK 3 The application of Rauenhorst Corporation for a waiver of plat to split Lots 12, 13, and 14 into two building lots for two spec office warehouse buildings was next considered. Michele Foster appeared for the applicant and the APC recommended on March 25, 1980 that the application be approved with certain con- ditions. It was noted that no variances would be required. Smith moved, Parranto seconded the motion, to approve the application subject to conditions of the Planning Commission and in addition, that the buildings not be used for retail purposes including the following: 1. All parking spaces shall have a dimension of 10 by 20 feet and all parking areas have an asphalt surface with concrete curbing around the perimeter of the parking area. 2. All easements shall be required as requested by the City staff. 3. An erosion control plan shall be submitted prior to the issuance of the building permit. 4. Drainage and utility easements shall be provided as required to incorporate sanitary sewer and water main distribution system. 5. That the lots comply with all applicable City ordinances and final plat to be approved by City staff. All voted yes. R 80-26 1-494 AND HIGHWAY #55 PLANS AND SPECIFICATIONS Mr. John Sandahl, the Assistant District #9 Engineer, appeared together with two other representatives of Mn/DOT and presented the plans for the Highway #55 proposed improvements at 1-494 and requested City Council approval. He stated that the portion of 1-494 from Bloomington is expected to be opened at the end of 1982 and reviewed a bypass for Highway #55 so that the two bridges can be commenced in mid-1980. He requested approval of the plans and specifications for Highway #55 only. Two representatives from Contract Beverages appeared and had concerns regarding the frontage road on the south side of Highway #55 indicating that if the frontage road is installed as proposed, very few spaces for their 142 employees would remain for parking purposes. There was considerable discussion concerning inserting an additional median access for the Terrace Motel, the possibility of Mn/DOT acquisition of the Terrace Motel, and the impact of a median installation for the property to the north of Highway #55. Mr. Sandahl indicated that Mn/DOT would put in conduit for future signalizing of the proposed intersection for Contract Beverages but stated that'Mn/DOT objects to an additional access opening. Council Minutes April 15, 1980 Page Six 000,99 After extended review, Smith moved, Egan seconded the motion, to approve the plans and specifications as submitted by Mn/DOT for the I-494/Highway #55 road improvements with a revision to provide for a left turn lane with median break on the west bound lane on Highway #55 for not more than two vehicles to service the Terrace Motel and elimination of the proposed frontage road on the south side of Highway #55. Those in favor were Blomquist, Egan and Smith. Those opposed were Councilmembers Wachter and Parranto. Smith then moved, Wachter seconded the motion, to restrict access to Highway #55 from the north between Blue Gentian Road and the intersection to the east as proposed so as to avoid additional median breaks and that the Council take all steps necessary to effect such restricted access. All members voted in favor. R 80-27 SPECIAL COUNCIL MEETING APRIL 29, 1980 The Council designated a special meeting for April 29, 1980, at the City Hall to discuss construction project financing at 7:00 p.m. PARK AND RECREATION DIRECTOR Mr. Hedges stated that he had been holding a number of interviews with candidates for the position of Park Director. The Council requested that the Administrator reduce the number to four or five candidates and a special meeting was scheduled for the City Council at 6:30 p.m. at the City Hall on April 23, 1980. IMPROVEMENT PROJECT #80-1 and #80-9 The bids for Improvement Projects #80-1 and #80-9 were submitted by the City Engineer and recommended approval for the low bids as follows: Erickson Construction Company, Project #80-1 for Eden Addition - $281,419.75 Fredrickson Excavating Company, Project #80-9 for James Refrigeration Project, $48,708.60 Parranto moved, Egan seconded the motion, to approve the recommendations and authorize award of the low bids. All voted yes. MECHANICAL AMUSEMENT DEVICE ORDINANCE. The mechanical amusement device ordinance was, upon motion by Blomquist, seconded Eagan, continued for further discussion until May 6, 1980. All voted yes. LAWCON GRANTS Mr. Hedges stated that LAWCON grant applications were recommended to be submitted by May 2, 1980, by the City and requested approval by the City Council to submit the applications in the following priority: Council Minutes April 15, 1980 Page Seven VkJ (t 1. Acquisition of 20 acres in the Cedar Cliff Addition area to expand Rahn Park. 2. Acquisition of additional park land abutting the park area acquired from Rosewood on Coachman Road to expand the park land in Section.9. 3. Lighting of various ballfields at Northview Elementary School. Smith moved and Wachter seconded the motion to approve the applications with the exception of the Section 9 application. All voted yes. PARK DEDICATION FEES A report of Dale Runkle dated April 3, 1980, concerning revision of park dedication fees was discussed by the Council. After review, Smith moved, Egan seconded the motion, to increase the rates effective for all of 1980 at $7,500 per acre providing for $300 per single family units, S250 per townhouse unit, $187 per apartment unit, and $250 per each mobile home unit. All voted in favor. WALDEN HEIGHTS ADDITION UTILITY IMPROVEMENTS A petition from the developers of the Walden Heights Addition on Cliff Road was submitted for a feasibility report for utilites and streets. Egan moved, Wachter seconded the motion, all voted in favor, to direct the City Engineer to prepare the feasibility report for submission to the Council. UTILITY TRUCK BIDS Mr. Colbert recommended the Council approve an ad for bids for a one- ton truck with hydraulic hoist and dump box. Parranto moved, Wachter seconded the motion to approve the recommendation and to authorize the Clerk to advertise for bids to be opened on May 15, 1980, at 3:00 p.m. at City Hall. PROJECT #80-6, STORM SEWER PLANS The City Engineer presented the plans and specifications for storm sewer improvements in the Shannon Glen condominium area from Silver Bell to Highway #13 and recommended approval. Wachter moved, Parranto seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be received and opened on May 15, 1980, at 3:00 p.m. at the City Hall. CHANGE ORDERS The following change orders were recommended for approval: Project 211A Change Order No. 3 $19,292.20 Project 227A Change Order No. 5 $3,101.37 Parranto moved, Wachter seconded the motion, all voted in favor of the change orders. Council Minutes April 15, 1980 Page Eight u;: 07... TWIN. VIEW MANOR Upon motion by Parranto, seconded Wachter, it was RESOLVED that a public hearing concerning Improvement Project #264 regarding revised feasibility report for street improvements in Twin View Manor Addition be scheduled for May 6, 1980 at 7:00 p.m. All members voted in favor. ORDINANCE #71 DRUG PARAPHERNALIA ORDINANCE, REVISIONS Mayor Blomquist reviewed a meeting held with representatives of four other cities concerning a redraft of the drug paraphernalia ordinance and recommended that the City Council authorize the City Attorney's office to proceed and cooperate in a redraft of the ordinance. Smith moved, Blomquist seconded the motion, to authorize the staff and City Attorney's office to proceed in cooperation with other Minnesota cities together with the League of Cities to draft an ordinance covering drug paraphernalia devices. All voted in favor. DISTRICT #196 SCHOOL SITE STATUS The City Administrator was directed to contact the School District #196 Administration requesting the status regarding the study for school sites in the City. SPECIAL MEETINGS The following special meetings of the City Council are scheduled at the City Hall: April 17, 1980 at 6:30 p.m. April 23, 1980 at 6:30 p.m. April 29, 1980 at 6:30 p.m. May 1, 1980 at 6:30 p.m. VOUCHERS Egan moved, Blomquist seconded the motion to approve the following vouchers: 982-987, 15095 - 15238, 10046-10129. All voted in favor. Upon motion duly made and seconded the meeting adjourned at 12:30 a.m. PHH DATED: April 15, 1980 Cit Clerk