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07/01/1980 - City Council Regular 0"x..°.16 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 1, 1980 A regular meeting of the Eagan City Council was held on Tuesday, July 1, 1980, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Smith, Parranto, Egan and Wachter. Also present were City Public Works Director Colbert, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion, to approve the agenda as distributed. All voted yea. JUNE 17, 1980 MINUTES Smith moved, Parranto seconded the motion, all voted in favor, to approve the minutes. POLICE DEPARTMENT Police Chief DesLauriers was present and recommended that the City approve an amendment to the Joint Cooperative Agreement establishing the Suburban Police Recruit- ment System. Smith moved, Parranto seconded the motion, to approve the amendment as recommended. All voted yea. A 80-14 OAK CHASE ROAD SPEED Mr. and Mrs. Thomas Brost were present and requested the Council consider steps be taken to reduce the excessive speed on Oak Chase Road between Cliff Road and Wilderness Run Road. Property owners had signed a petition requesting the action. Smith moved, Wachter seconded the motion to authorize the installation of one or two additional speed limit signs and that the Police Department patrol Oak Chase Road on an increased basis for two weeks. All members voted in favor except Blomquist abstained because she lives on that street. PUBLIC WORKS DEPARTMENT Public Works Director Tom Colbert reported. 1. Erosion Control. Public Works Director Colbert stated that the City now requires that boulevard areas in all new construction areas must be restored with top soil and vegetative covering. He stated that all plans and specifications for street construction will include the standard requirement and recommended that the change orders be approved covering all existing street improvement contracts to require the developer to pay for the installation of erosion control measures. Wachter moved, Egan seconded the motion, to approve the concept in the policy and requested that a policy be drafted by the Public Works Director including retro- activity to all existing street improvements projects. All voted yes. Council Minutes July 1, 1980a Page Two 2. Fire Stations #1 and #3. Mr. Colbert stated that the contractor on Fire Stations #1 and #3 is not completing the construction as quickly as the contract provides. No action was taken. 3. Sewer and Water Service Connections. The Public Works Director requested the Council consider a policy requiring any existing and newly constructed homes be connected to sewer and water if available and accessible. There was discussion concerning mandatory connection noting that the present policy is that there is no mandatory requirement, but it was suggested that if either sewer or water is hooked up that the other utility must also be hooked up. Parranto moved, Egan seconded the motion, to request that the Public Works Department prepare a study and make recommended proposals to the Council. All voted in favor. CONSENT ITEMS The following items were submitted and recommended for approval to the City Council. 1. Temporary Beer Permit --Eagan Threshing Bee. The application of Mrs. Dorothy Ohman for August 2. and 3, 1980 for a temporary beer permit was submitted. 2. Proclamantion of National Cancer Day. A proclamantion from the United Cancer Institute requesting September 8th be National Cancer Day throughout the United States. - D 80-57 3. Change Orders, Project #237 and #79-11. Change Order #3 to Thomas Lake Road Improvement Project #237 with McNamara Vivant Contracting Company in the sum of $11,872.43 was submitted and recommended for approval. Change Order #1 to #79-11 to Enebek Construction Company in the amount of $9,210.00 for Wilderness Run Road trunk utilities was submitted and recommended for approval. 4. Galaxie Avenue Grading, Project #311. The feasibility report for Project #311 consisting of Galaxie Avenue street work in the area of Safari Estates Addition was submitted and recommended for approval by the City Engineer and further, that a public hearing be scheduled for August 5, 1980, at 7:00 p.m. at the City Hall. 5. Ridge Cliffe Addition. The feasibility report for Project #314 concerning improvements to Ridge Cliffe Addition was submitted by the City Engineer. It was recommended that the feasibility report be accepted and approved and that the public hearing be scheduled for August 5, 1980, at 7 p.m. at the City Hall. Smith moved, Wachter seconded the motion to approve the recommendations covering all of the consent items. All voted in favor. PROJECT #298, JOHNNY CAKE RIDGE STREET IMPROVEMENTS PUBLIC HEARING The Mayor convened the public hearing regarding Improvement Project #298 concerning street improvements on Johnny Cake Ridge Road. The City Engineer and the City Public Works Director briefly explained the project and it was noted that the hearing had been continued from June 17, 1980. It was noted that the road improve- ments for Johnny Cake Ridge were elminated from the 1980 street construction program and it was now noted that Mallard Park 2nd and 3rd Additions final plat are being considered for approval. Smith moved to deny the installation of Project #298 for 1980 with the understanding it will possibly be considered favorably in 1981 if the request for the improvements is resubmitted. Egan seconded the motion and all voted in favor. lC Council Minutes July 1, 1980 Page Three PROJECT #292, HIGHVIEW AVENUE REVISED The next public hearing convened by the Mayor consisted of Highview Avenue street improvements Project #292 revised. The engineer explained the project. A number of people appeared both favoring and objecting to the improvements with the proposal under the revised project to include the total upgrading of the west end of Highview and double seal coating the east half together with storm sewer improvements. Some noted the dangerous condition of the road at certain times of the year, the dust condi- tions, and others objected to any improvements. There were questions by Mr. Odink and Mr. Drenckhahn, concerning corner lot assessments. Parranto moved, Smith seconded the motion to close the hearing, to order in the project on the west half of the street covering street improvements and storm sewer improvements and to delay the decision on the street improvements on the east half until the next regular meeting with the understanding, however, that storm sewer improvements will be installed in the whole project. Those in favor were Blomquist, Egan, Parranto and Smith. Against was Wachter. Smith then moved, Parranto seconded the motion, to continue the balance of the public hearing regarding the street improvements on the east half of Highview Avenue until the next regular meeting. All voted yes except Wachter who voted no. PROJECT #310, CHES MAR EAST 1ST ADDITION STREET IMPROVEMENTS A public hearing regarding Improvement Project #310 consisting of street improve- ments for Ches Mar East 1st Addition was next convened by the Mayor. There were no objections to the project. There was a question from one person in the audience con- cerning Lexington Avenue improvements. City Engineer Rosene explained the project. Parranto moved, Wachter seconded the motion, to close the hearing, to order in the project and authorize the preparation of plans and specifications. All voted yes. PROJECT #312, FIRST MINNEHAHA ADDITION UTILITIES AND STREETS Mayor Blomquist convened the public hearing regarding Improvement Project #312 consisting of utility and street improvements for First Minnehaha Addition. There were no objections. Mr. Rosene reviewed the project and it was noted that sidewalks will be constructed on the north side of the street at the present time. Wachter moved, Parranto seconded the motion, to close the hearing, to order in the project, and to authorize the preparation of plans and specifications. All voted yes. EAGAN METRO 2ND ADDITION STORM SEWER VACATION The public hearing regarding the application of Eagan Metro Center 2nd Addition for vacation of a storm sewer easement within the Metram Apartment Project on Silver Bell Road was next convened. The City Attorney reviewed the request and indicated that an easement will be acquired from the developer covering the revised location of the storm sewer. It was noted that the storm sewer had been located in an incorrect location and the Council requested that necessary costs for the relocation incurred because of the location be paid by the developer. Smith moved, Egan seconded the motion, to close the hearing, and to approve the vacation and authorize the execution of the resolution vacating the easements subject, however, to the acquisition of the revised easement to the staff's approval. All voted in favor. R 80-53A Council Minutes July 1, 1980-_' Page Four PARAPHERNALIA CONTROL RESOLUTION Tom Hedges, City Administrator, explained to the Council the proposal being made by interested residents and business persons to raise funds for the control of drug paraphernalia and related issues in the City and general area. He also stated that a revised drug paraphernalia ordinance will be submitted to the Council fairly soon and that other municipalities are considering the adoption of an ordinance. It was noted that the Association of Metropolitan Mayors of which Bea Blomquist is a board member is participating in a joint effort to coordinate drug control measures throughout the area. A resolution was submitted to the Council for proposed adoption relating to the support for the fund raising proposal for interested business persons and individuals. Wachter moved, Egan seconded the motion, to accept and approve the resolution as revised. All voted in favor. Mayor Blomquist reviewed the progress in other cities in the state requesting that the City of Eagan act as a clearinghouse for drug paraphernalia ordinance infor- mation. Blomquist moved, Wachter seconded the motion, that the City of Eagan act as a clearinghouse for information relating to drug praphernalia ordinances for other interested cities and groups within the state. All voted in favor. Mary Jane Swenson and Nancy Haustader were present and it was noted that they will assist in coordinating the Eagan effort under the nonprofit corporation name "CAAD", Coordinated Action Against Drugs. R 80-53B FAITH FAMILY FELLOWSHIP The application for special use permit for Faith Family Fellowship Church and school at the former Globemaster industrial building on Cedar Avenue was next considered. Pastor Grady Miller was present and it was noted that the Council had requested ad- ditional information at its June 17 meeting concerning the application. It was noted that a permit for a Montessori School had been denied within the Silver Bell Shopping Center, a commercial area, and there were comments from the Council that an industrial area is not an appropriate area for a school or church. After discus- sion concerning the potential traffic problems that could be created at the school, safety issues for the children, the industrial location, the fact that the church has an option to purchase the property in an area that does not appear to be appropriate and the potential tax exemption that would be acquired for the site, that other schools are zoned for public use and are not in industrial areas, Wachter moved, Smith seconded the motion, to deny the application for the reasons mentioned above. All voted in favor. LEMBKE 1ST ADDITION PRELIMINARY PLAT The application of Werner Lembke for preliminary plat approval and rezoning from Agricultural to I-1, Limited Industrial and conditional use permit for truck terminal for Lembke lst Addition located in Section 14 was next considered. It was noted that the Planning Commission had not acted on the application. Egan moved, Wachter seconded the application, all voted in favor to continue the application indefinitely. All voted yes. Council Minutes C"'IJ'0 July 1, 1980 Page Five TWIN VIEW MANOR 2ND ADDITION PRELIMINARY PLAT The City Administrator stated that the application for Richard Strom for preliminary plat approval of Twin View Manor Second Addition, located in Block 4, Twin View Manor, had not been acted upon by the Planning Commission. Wachter moved, Parranto seconded the motion, to continue the application indefinitely. All voted yes. CABLE TELEVISION COMMITTEE Mr. Hedges stated that a memorandum had been prepared by the City Administrator explaining the two issues related to cable television including the establishment of a cable service territory and formation of a citizen advisory board for the purpose of reviewing objectives, needs, and other related facets of cable television for the community. He noted that an application was being submitted by South St. Paul for proposal for cable service television in certain Northern Dakota County communities. After considerable discussion, Wachter moved that the Council act in favor of establishing a cable television territory as proposed by South St. Paul, and to approve the application being submitted to Minnesota Cable Communications Board as submitted by South St. Paul. Egan seconded the motion. All members voted in favor. Smith then moved, Wachter seconded the motion, to authorize the formation of an advisory cable television committee consisting of five councilmembers and an additional five to eight citizens whose names will be submitted to the Council for approval at the next meeting. All voted yea. IMPROVEMENT #79-11, WILDERNESS RUN ROAD TRUNK UTILITIES The Consulting Engineer recommended that Improvement #79-11 consisting of Wilderness Run Road trunk utilities be accepted by the Council and authorize final payment in the amount of $50,329.50 to Enebek Construction Company. Egan moved, Parranto seconded the motion to approve the recommendation. All voted yes. PRELIMINARY PLANS FOR I-35E The City staff has received a copy of the preliminary layout plans for I-35E for that portion one-half mile north and south of Lome Oak Road. A description of that portion of I-35E in relation to County Road #26 was discussed including sidewalk and trail installation to provide connection with Lexington Avenue and Eagandale Boulevard and the relocation of a 16 inch trunk water main. A resolution from Mn/DOT was reviewed and upon motion by Wachter, seconded Smith, it was RESOLVED that the resolution as presented be adopted with the following conditions: 1. The continuation and installation of a 10 foot sidewalk on the north side and a six foot sidewalk on the south side from Lexington Avenue to Eagandale Boulevard by Mn/DOT. 2. All right,,of way be acquired from affected properties with the connection of the west service road to Eagandale Boulevard prior to submission of final plan approval by the City of Eagan. All members voted in favor. R 80-54 Council Minutes OO i1 July 1, 1980 Page Six IMPROVEMENT #80-3, MISCELLANEOUS PLANS AND SPECS FOR HIGHLINE TRAIL The plans and specifications for Improvement #80-3 consisting of the con- struction of the Highline Trail between Blackhawk Road and Nicols Road was sub- mitted for consideration. It was noted that all easements are in the process of being acquired and the City will be responsible for 25% of the estimated $60,000 cost. There was discussion concerning an alternate for snowmobile trail whether on Shale Lane or around Rahn School. There were objections from certain Councilmembers that no provisions for snowmobile trails had been provided. Blomquist moved, Smith seconded the motion to continue the consideration of the plans and specifications until the issue of the location of the snowmobile multipurpose trail including use for horses is determined so that plans can be provided for the snowmobile trail including the location and the provisions covering cost. All voted yes. CEDAR CLIFF THIRD ADDITION FINAL PLAT The application of Zachmann Homes for approval of the final plat of Cedar Cliff Third Addition was next submitted. Steve Ryan of Zachmann Homes was present. There were no objections. He noted that this was the second addition to be completed and there were no changes from the original preliminary plat. Smith moved, Parranto seconded the motion, all voted in favor to approve the final plat subject to compliance with the normal City ordinance requirements. All voted yes. R 80-55 D 80-58 MALLARD PARK SECOND AND THIRD ADDITIONS FINAL PLATS The application for final plat approval of Mallard Park Second and Third Additions was submitted and there were no objections to the applications. Staff recommended approval. Egan moved, Parranto seconded the motion, all voted in favor to approve the application for Mallard Park Second Addition subject to normal ordinance requirements. Smith then moved, Egan seconded the motion, to approve the final plat of Mallard Park Third Addition also conditional upon compliance with City ordinances. All voted yes. R 80-56A & 56B D 80-59A & 59B WEDGEWOOD ADDITION FINAL PLAT The developer requested that final approval of Wedgewood Addition plat be continued and upon motion by Parranto, seconded Egan, it was RESOLVED to continue the application until July 15, 1980. All voted in favor. CANTERBURY FOREST FINAL PLAT It was noted that the developer had not completed the final plat of Canter- bury Forest and Parranto moved, Egan seconded the motion, all voted in favor, to continue the consideration until the July 15, 1980 meeting. 0011--Z Council Minutes July 1, 1980 Page Seven BRIAR HILL SECOND 2ND ADDITION FINAL PLAT Representatives of Tollefson Builders were present and submitted the application for final plat approval of Briar Hill 2nd Addition. The staff recommended approval and it was noted that no changes were made from the preliminary plat. Egan move, Blomquist seconded the motion, to approve the final plat of Briar Hill 2nd Addition subject, however, to proper containment of construction debris around the Briar Hill plats because of complaints from local residents. All voted in favor. R 80-57 D 80-60 RIDGECLIFFE SECOND AND THIRD ADDITION FINAL PLATS Mr. Orrin Thompson and Mr. Bob Carlson appeared regarding the application of Orrin Thompson Homes for final plat approval of Ridgecliffe Second and Third Additions. It was noted that the park land intended to be dedicated will not be dedicated but that a $20,000 escrow to guarantee the park land dedication will be required. Parranto moved, Smith seconded the motion, to approve the final plat of Ridgecliffe Second Addition subject to ordinance compliance and submission of the $20,000 cash escrow in lieu of park. All voted yes. Smith then moved, Parranto seconded the motion, all voted in favor, to approve the plat of Ridgecliffe Third Addition subject to the City ordinance requirements. All voted in favor. R 80-58A & 58B D 80-61A & 61B RIDGECLIFFE ADDITION MODEL HOMES An application from Orrin Thompson Homes for building permits for eight model homes in Ridgecliffe Addition was submitted for approval. Parranto moved, Egan seconded the motion, to approve the application subject to compliance with other normal City requirements for model homes on Hauge Circle. All voted yes. CONSULTING ENGINEER'S HOURLY RATE SCHEDULE A letter from Bob Rosene of Bonestroo, Rosene, Anderlik & Associates requesting revision to their hourly rate schedule for engineering services rendered to the City was reviewed. Smith moved, Wachter seconded the motion, to approve the request effective May 1, 1980. All voted yes. AUDIT REPORT 1979 The 1979 Audit Report was reviewed by the City Administrator and Director of Finance as prepared by Wilkerson, Guthman & Johnson. After questions by Councilmembers, Smith moved, Parranto seconded the motion, to accept and approve the 1979 Audit Report. All voted yea. D 80-62 Council Minutes July 1, 1980 Page Eight ADMINSITRATIVE TRANSFER AND DATA PROCESSING EQUIPMENT Gene VanOverbeke, the City Finance Director, was present and discussed with the Council a proposed change for the existing accounting system to that of electronic data processing equipment in the near future. He submitted written information concerning a proposed data processing system for the City showing comparisons between the accounting machine and the electronic system. In addition, he reviewed with the Council comparative amounts for administrative transfers with other surrounding cities and proposed to increase the administrative transfer from 2% to 4% for utility improvements in the City, based upon the excessive administrative work involved in the utility projects installed by the City. There were no objections in using it for a revenue raiser, and the Finance Com- mittee recommended against the increase at this time, but would consider it at budget time. It was recommended that the staff further define the uses for the funds in greater detail and return to the Council. CITY LABOR EQUIPMENT RATES Tom Colbert submitted a recommended list of equipment rates for the use of City labor and equipment for developers or builders in the City. It was noted that there was no intent to make a profit from the charges and the staff recommended approval. Smith moved, Wachter seconded the motion, all voted in favor, to approve the schedule as submitted by the Public Works Director. IMPROVEMENTS #80-1 AND #80-8 CONTRACTS City Attorney Paul Hauge submitted two contracts covering Improvement Project #287 with Erickson Brothers consisting of Improvement #80-1 and miscellaneous improvements under Improvement #80-8 with Fredrickson Excavating Company, Inc., and recommended approval of the contracts. Smith moved, Egan seconded the motion, all voted in favor to approve the contracts and to authorize their signature. FORTUNE REALTY MANDAMUS ACTION The Mayor indicated that she had been served with a Writ of Mandamus by Fortune Realty, Inc., to compel the City Council to act favorably toward the approval of the Safari at Eagan commercial complex at Cliff Road and Thomas Lake Road. Councilmembers instructed the City Attorney to defend on behalf of the City but to pursue other alternates for resolution of the problem of the action. The Council would request that Dunn & Curry and the developer of the commercial area attempt to work out a resolution to the Safari at Eagan issue. METRAM EASEMENT VACATION Wachter moved, Egan seconded the motion that all costs incurred by the City projects comparable to the Metram storm sewer easement revision be paid by the developer in each case in the future. All voted in favor. OC16 Council Minutes July 1, 1980 Page Nine CONSOLIDATING IMPROVEMENT PROJECTS Upon motion by Wachter, seconded Parranto, it was RESOLVED that Project #219 and #269 consisting of Improvements #79-20, Duckwood Drive and Denmark Avenue Streets, be combined for bidding purposes only and further that Improvement Projects #241 and #248, consisting of Improvements #31-21, Saddlehorn, Lakeside and Overview Estates streets, be combined for bidding purposes only. All voted in favor. VOUCHERS Blomquist moved, Egan seconded the motion, all voted in favor to approve the following vouchers: 1061-1065; 10457-10559; 15791-15879. ADJOURNMENT Upon motion by Parranto, seconded Egan, all members voting yea, it was RESOLVED that the meeting adjourn at 11:26 p.m. Dated: July 1, 1980 _ PHH City Clerk