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08/19/1980 - City Council Regular 00.97 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 19, 1980 A regular meeting of the Eagan City Council was held on Tuesday, August 19, 1980. All members were present including City Administrator Tom Hedges, City Attorney Hau-e, City Engineer Rosene and City Public Works Director Tom Colbert. AGENDA Smith moved, Wachter seconded the motion, all voting yes, to approve the agenda as presented. MINUTES AUGUST 5, 1980 MEETING on motion by Egan, seconded Parranto, it was RESOLVFD that the minutes of the Au'u~,t 5, 1980 meeting be approved with the following changes: On page 6 regarding L & F Addition, paragraph 2 of the conditions should read as follows: A detailed site plan shall be approved by the APC and Council prior to the issuance of a building permit, and, Paragraph six should be stricken because of duplication with paragraph 8. At page 9 regarding the Art Rahn Addition, Councilmember Parranto abstained under Improvement #80-27. On page 10 regarding Wescott Road drainage problem, all voted in favor; on page 5, under Ridge Cliffe Addition it was noted that some of the names suggested had unpronouncable names; one page 1 the excavation permit by Walden Heights Subdivision was stricken for lack of submission of an application. All voted in favor. GENERAL LIABILITY AND WORKMAN'S COMPENSATION INSURANCE Bruce Medvec of Valley Insurance, the Eag.in Insurance Agent of Record, appeared concerning the 1980-81 general liability and workmans compensation program. A detailed review of the proposal was submitted in writing and included in the packet by the City Administrator and there was discussion concerning the self-insurance program for City vehicles. Smith moved, Parranto seconded the motion to accept the insurance renewal program as presented, and to review the physical damage coverage on automobiles at a later time. All voted in favor. It was understood that the Finance Committee will review the auto insurance and report back to the Council. POLICE DEPARTMENT Chief DesLauriers was present. 1. Johnny Cake Ridge and Cliff Road Cycle Complaint. Mr. DesLauriers reviewed the findings of the Police Department regarding the use of motorcycles on private property ar Cliff and Johnny Cake Ridge Road and noted that a number of complaints had been received by the City staff. It was suggested that one driveway access on the Zylka property on the south side of Cliff Road be closed. Further checks will be made to police the area on a regular basis. Council Minutes August 19, 1980 Page Two 2. Police Auction Proceeds. It was noted that Mr. DesLauriers recommended that the $1,730 received during the spring police auction be used to purchase equip- ment for the evidence storage and security area in the Police building. Wachter moved, Smith seconded the motion to accept and approve the recommendation. All voted yes. CONSFNT AGENDA The following consent items were recommended for approval by the staff and reviewed by the Council: 1. St. John Neumann Beer and Gambling License. An application of St. John Neumann Church for temporary beer and combination gambling license for September 6 and 7, 1980, during the fall festival at the church was recommended for approval. • 2. Capital Ski Club Temporary Beer License. A request for a temporary her license by Sue Bladou representing the Capital Ski Club for August 23 to 25, 1980 at Univac Field was recommended for approval. 3. Fire Service Agreement. A reciprocal fire service agreement between the City of Bloomington and Cit_, of Eagan was included in the packet and was recommended for approval with implementation after the completion of the new Cedar Avenue bridge. A 80-16 4. Cooperative Snow Removal Agreement with the City of Burnsville. Mr. Colbert recommended that the Council continue consideration of that agreement and not act at the present meeting. A 80-17 R 80-68 5. Su >lemental Agreement No. 1 to Storm Sewer Force Main. The Supplemental Agreement No. 1 to Mn/DOT Agreement 59923 covering storm sewer force main installed by Mn/DOT's contract under Trunk Highway #55 was recommended for approval by the staff. 6. Heine Strasse Easement Vacation. A petition was received from property owners on Heine Strasse asking that the former public street easement be vacated. It was recommended that a public hearing be scheduled for September 16, 1980 at 7 p.m. at the City Hall. Upon motion by Smith, seconded Wachter, all members voting in favor, it was RESOLVED that the foregoing recommendations on the Consent Agenda be approved and ordered implemented. ECON LAB TAX EYE T BOND ISSUE PUBLIC HEARING The Mayor convened a public hearing regarding the request of Economics Laboratory, Inc., for $7,000,000 tax exempt commercial revenue mortgage application. It was noted that representatives from Econ Lab were present including Jack Brill, the local manager, and Roger Wingness of Juran and Moody Municipals. A request was made for public rather than private placement as is normally the policy of the City. A $7,000,000 addition to the Econ Lab facility on Lone Oak Road is under construction and only that portion of the construction not completed could be covered by the mortgage bond issue. There had been no recommendations from the fiscal Council Minutes August 19, 1980 Page Three 0(;1 99 consult.:ants, Miller & Schroeder, to date. The Councilmembers explained their reasons for a preference for private placement rather than public offering because of some bad publicity and the potential sale to unsophisticated investors. It was suggested that there be a minimum purchase of S10,000 or 525,000 per buyer together with an investment letter from each purchaser. Councilmembers indicated that they have no objection to large sophisticated investors. Smith moved to approve the resolution for the $7,000,000 IDR mortgage subject to favorable recommendation from the City fiscal consultant and compliance with the Eagan Industrial Revenue Policies. Egan seconded the motion. All voted in favor. SEE BOND FILE U-HAUL CONDITIONAL USE Representatives of U-Haul were present concerning its application for a condi- tional use permit renewal which had been continued from the August 5 meeting. There were concerns from Councilmembers regarding the number of trucks and trailers on the site and it was noted that the permitted number had been exceeded several times but only temporarily. Representatives present stated that they will comply with the requirements and keep the site in an orderly and neat fashion. Egan moved, Wachter seconded the motion to approve the application for one additional year. All voted yes. D.C.R. COMPANY CEDARVALE LANES COMMERCIAL REVENUE MORTG.AGF ISSUE The final resolution concerning D.C.R. Company's request for -5700,000 commer- cial revenue mortgage issue through the City of Eagan was next considered. Mr. Richard Stryker was present and requested favorable action. Parranto moved, Egan seconded the motion to approve the resolution and order the execution of all neces- sary documents subject to staff approval. All voted in favor. SEE BOND FILE COMPREHENSIVE GUIDE PLAN Mr. Hedges and ')ale Runkle, City Planner, were present to discuss with the Council the Comprehensive Guide Plan that had been recommended for approval by the APC on June 10. A request had been made of the Metropolitan Council to continue the deadline date for submission until September 1, 1980, for completion of the plan and there were strong concerns by Councilmembers regarding an additional extension because of Metro Council staff requests for revisions to the amendment procedure to the Municipal Comprehensive Plan. A hearing had been held by the Met Council on July 31 and it was expected that a complete revision of the proposed amendment guidelines will take place and a future public hearing will be held. After considerable discussion, Smith moved, Egan seconded the motion,to submit the comprehensive guide plan to the Metro Council as drafted for review with the understanding that it has not been finally approved by the City Council and further that the City Council has serious concerns regarding the implementation including amendments to the plan. Lloyd Krob, Planning Commission Member, was present and expressed concerns about attempts by the Met Council to review all changes in the Comprehensive Plan and potential delays that may develop. Those in favor of the motion were Smith and Egan. Those against were Parranto, Wachter and Blomquist. Council Minutes August 19, 1980 0(1200 Page Four Blomquist then moved, Egan seconded the motion to direct the City Attorney to prepare a legal memorandum concerning the interpretation of the amendment procedure and the powers of the „etro Council in regard to amendment and further that the staff request three months extension of time for submission of the Plan to the Met Council. All voted in favor. R 80-69 CLEARVIEW 3RD ADDITION PRELIMINARY PLAT The application of Mr. Joseph Peterson for preliminary plat approval of Clear- view 3rd Addition consisting of Lot 6, Block 1, Clearview Addition was next considered. No one appeared on behalf of the applicant and Smith moved, Parranto seconded the motion to continue consideration until the first meeting in September with Mr. Peterson to be noticed about the meeting. All voted yes. GOPHER EAGAN 2ND ADDITION PRELIMINARY PLAT A representative of Gopher Smelting Company appeared concerning his appli- cation for preliminary plat approval of Gopher Eagan Industrial Park 2nd Addition and zero setback variance for the existing building. The APC recommended approval on July 22 subject to conditions. Parranto moved, Smith seconded the motion, to approve the pr,:iiminar-.' plat subject to the following conditions: 1. A 60-foot half right-of-way shall be dedicated along the length of Yankee Doodle Road bordering on the property. 2. The plat shall be subject to Dakota County Plat Commissioner's recommendations. 3. That the owner will waive objection to special assessments for Yankee Doodle Road improvements being assessed by the City. 4. Ten-foot drainage and utility easements shall be dedicate:' adjacent to all property lines. 5. Compliance with all applicable ordinances. All voted yes. Parranto then moved, Egan seconded the motion to approve the zero setback variance on the basis of the fact that the building is in existence and overlaps the railroad right-of-way line. All members voted yes. D 80-75 EAGAN AUTOMOTIVE CONDITIONAL USE PERMIT A request of Eagan Automotive for extension for one year of its conditional use permit for a proposed facility in Barton McGray Addition on Highway 013 was next discussed. Mr. David Borneman was present and requested that the Council relax its condition that cars may not be stored overnight due to the hardship in getting repair parts and completing repair work in one day. Smith moved, Egan seconded the motion, to authorize the one-year extension of the conditional use permit and further that there be no overnight parking except occasional parking including current work order and emergency purposes covering current licensed automobiles only. All voted yes. Council Minutes August 19, 1980 Page Five 01"'201 MSA STREET DESIGNATIONS It was noted that Mn/DOT had indicated preliminary approval of the M.S.A. street designation changes as requested by the Fagan Public Works Director and requested approval of the Council. Smith moved, Wachter seconded the motion, to approve the resolution establishing municipal state aid highways in the City as pro- posed. All voted in favor. Egan then moved, Parranto seconded the motion, to ap- prove the recommendation that the designation of the ring road from Lone Oak Road to T. H. #49 be re.-oked as a state aid street. All voted yes. ELECTION TUDGE APPOINTMENTS City Clerk Alyce Bolke submitted a list of proposed election judges for the 11 City precincts for the September primary and November general elections and recommended approval. Wachter moved, Egan seconded the motion to approve the election judge recommendations. All voted in favor. D 80-76 IMPROVEMENT-480-26 PLANS AND SPFCIFICATIONS The plans and specifications for Improvement #80-26 covering street construction for Safari Estates, Eden Addition, Cedar Cliff 1st and 2nd Additions, and Briarhill Addition were next submitted and recommended for approval. Egan moved, Wachter seconded the motion to approve the recommendations and to authorize the Clerk to advertise for bids to be opened on September 11, 1980 at 3 p.m. at the City Hall. All voted yes. IMPROVEMFNT •'`80-10 PLANS AND SPECIFICATIONS The plans and specifications for Improvement #80-10 concerning sewer and water construction on Silver Bell and Nicols Road were submitted. There was consid- erable discussion concerning the need to acquire easements prior to award of any contract for improvements in the City. Parranto moved, Blomquist seconded the motion, to approve the plans and specifications and to authorize the City Clerk to advertise for bids to be opened on September 11, 1980 at 3 p.m. at the City Hall. All voted yes. EASEMENT ACQUISITIONS Blomquist moved, Wachter seconded the motion to direct the City Administrator to prepare a resolution to provide that all necessary right-of-way easements for utility and street purposes be acquired by the City prior to the award of any con- tract for improvements in the City by the Council. All voted in favor. IMPROVEMENT #80-28 PLANS AND SPECIFICATIONS The next set of plans and specifications covered Improvement #80-28 where the Public Works Director recommended the Council approve sewer television inspection during 1980 on all sanitary sewer lines installed within the City. He indicated Council Minutes August 19, 1980 Page Six 00202 that it would be desirable in order to detect defects in construction, a record of all vs, etc., in the lines. Smith moved, Egan seconded the motion to approve the recommendation and all voted in favor. CHES MAR FAST 3RD ADDITION FINAL PLAT It was noted that David Gabbert, the developer of Ches Mar East 3rd Addition, was not present but had submitted an application for appro(ral of the final plat. Wachter moved, Egan seconded the motion, all voted in favor, to approve the final plat of Ches Mar East 3rd Addition subject to final staff approval and compliance with all necessary City requirements. R 80-70 IDR BOND PROCEDURE D 80-77 Parranto moved, Smith seconded the motion, all voted in favor, to amend the June 3, 198Q, minutes relating to the procedure for industrial revenue bonding in the City and to authorize the City Administrator to implement the amendment. MCDONALD'S PROPOSED IDR BOND C_-rrespondence had been received from the attorneys for McDonald Corporation questioning whether certain policies of the City regarding the issuance of industrial revenue financing could be amended covering the inclusion of land costs in the industrial revenue bond issue. Blomquist moved, Egan seconded the motion, to direct the City Administrator to prepare a letter in response to the request of McDonalJ's attorneys indicating that there will be no changes in the policies as there did not appear to be sufficient reasons for the changes in the policies at the present time. All voted yes. HENRY BRUESTLE STORM SEWER FASFMENT Paul Hauge reviewed his letter of August 18 concerning the demand of Mr. and Mrs. Henry Bruestle for compensation for the storm sewer easement across a portion of their property adjacent to Pilot Knob Road regarding the Fish Lake storm sewer project. Noting the contractor may assess penalties against the City because of its inability to complete the project, the fact that the City does not have time to commence and complete condemnation proceedings in an expeditious manner, Parranto moved, Egan seconded the motion to approve the payment of approximately $7,784 to Mr. and Mrs. Henry Bruestle because of the hardship imposed by the City in not completing the storm sewer project. All voted in favor. There was also discussion concerning the proposed deferral of assessments or nonassessment of the Henry Bruestle property at the present time. Parranto moved, Smith seconded the motion, to accept a request for deferral under the Senior Citizen's deferral of assessment ordinance, subject to submission of a request by Mr. and Mrs. Henry Bruestle to the City. All voted in favor. HERBERT ADELMANN FASEMENT The City Attorney then discussed the request of Mr. and Mrs. Herbert Adelmann for payment for storm sewer on Nicols Road covering a 17-foot storm sewer and loss of Counc._~i :ii.u:es August 19, 1980 Page Seven 0C 203 trees. It was noted that negotiations had continued for nearly three years and it was recommended that $6,000 be paid to the Adelmanns for easement and tree-loss. Smit':. moved, Parranto seconded the motion, to approve the recommendation. All voted in favor. MEADOWLAND ADDITION STREET VACATION A request from Burford Construction Company that the , City Council set a hearing to vacate an eyebrow cul-de-sac in Meadowland Addition was next considered. The City Council's position is that the applicant must pay the costs including the surveying and other costs incurred by the City in the vacation process. Smith moved, Wachter seconded the motion, to approve subject to submission of an appropriate petition with an agreement by the requesting party to pay the expense for vacation and further, no date be set for the hearing at the present time. All voted in favor. • I-35E DEPOSITION COSTS City Administrator Hedges again reviewed with the City Council the request of Charles Dayton, attorney for Associated Families, for the payment for the Dr. David Bresslau deposition and several other depositions in the total amount of $831.93. The Council at the recommendation of Mac Hyde had earlier authorized payment of $325.93. The request was again made through Harriet Johnson of Associated Families that full payment be authorized. The Council discussed and reviewed the request together with Mr. Hyde's recommendation. Parranto moved, Wachter seconded the motion, that the Council, after reconsideration, determine that it would not authorize additional funding above the S325.93. All voted yes. LEAGUE OF MINNESOTA CITIES BUILDING PROJECT Mr. Hedges stated that the League of Minnesota Cities Building Committee recom- mended to the '.eague that an office building be constructed in the St. Paul area for • the League of Cities. Several options for payment by each member City were discussed including a lump su-: of $9,816, a five-year option, a ten-year option and indefinite annual payments. No action was taken by the Council. IMPROVEMENT #80-11 CONTRACT The contract with Thomas Montgomery Construction Company for Brittany Manor 2nd and 3rd Addition utility improvements was presented and recommended for approval. Parranto moved, Egan seconded the motion, to approve execution of the contract. All voted yes. IMPROVE",ENT #80-23 RAHN PARK TO THOMAS LAKE PARK TRAIL BIDS The bids for Phase II of Rahn Park to Thomas Lake Trail improvements have been received by the City and the low bidder was Barber Construction Company in the amount of $47,700.44 with engineer's estimate at $66,000. The grant received by the City was 40% of the actual construction costs. Wachter moved, Parranto seconded the motion to award the contract to the low bidder. All voted in favor. Council Minutes August 19, 1980 Page Fight OC204 CLF\R LAKES GRANT PROGRAM Mr. Hedges discussed with the Council the proposed application for a grant under the Clear Lakes Grant Program funded by the Minnesota Pollution Control Agency and recommended approval. Smith moved, Parranto seconded the motion to approve the resolution and authorize the administrator to pursue such a grant application. All voted yes. CEDAR CLIFF PHASE 2 DIPROVFMENT #80-22 The bids for Cedar Cliff Phase 2 consisting of Improvement #80-22 with low bidder being Sandmark Construction, Inc., in the amount of $94,743.75 with engineer's estimate of S105,000 was next considered. Egan moved, Wachter seconded the motion to approve the award of the contract to the low bidder. All voted in favor. • CAPITAL IMPROVEMENTS PROGRAM The Council requested that the Administrator instruct Miller and Schroeder to review and comment on the Capital Improvements Program and its effect on the future bond rating for the City before the next meeting to consider the CIP by the City Council. ASSESSMENT HEARINGS Because of conflicts by City Council members, the assessment hearings scheduled by the City Council at its August 5 meeting for September 25, 1980, were upon motion by Egan, seconded Wachter, rescheduled to September 24, 1980 at 7 p.m. at the City Hall. All voted in favor. VOUCHERS Egan moved, Wachter seconded the motion, all voted in favor, to approve the following vouchers: 1108-1135; 10782-10889; 16152-16296. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 10:45 p.m. PHH Dated: August 19, 1980 Cit Clerk