Loading...
03/06/1984 - City Council Regular e43 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 6, 1984 A regular meeting of the Eagan City Council was held on Tuesday, March 6, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved with the addition of Ken Vraa to discuss the proposed park bond issue of 1984. All voted yes. MINUTES February 21, 1984 - Regular Meeting. Upon motion by Smith, seconded Egan, it was resolved that the Minutes of the February 21, 1984 meeting be approved with the following changes: Page 4 relating to Project #372, the name is Marlene Doehling. Page 8 - Thomas moved, Egan seconded the motion relating to the Almquist Lake Lift Station; page 9 relating to the Eagan City Code Update - Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions with a number of changes and authorize their publication in the legal newspaper, but that the changes noted by the Council at the meeting be implemented and the staff further investigate those areas requested by the Council. All voted in favor. February j 1984 - Regular Meeting. Relating to noise emission from the Sperry Plant, on page 3, Egan moved, Smith seconded the motion to direct the City Attorney to investigate the recourses available to the City if the problem is not remedied by that date; as to the liquor license policy change on page 4, the motion by Egan, seconded Wachter provided that the Council consider the renewal of the Parranto application in 1985 if the license is not activated in 1984. Egan moved, Thomas seconded the motion to approve the minutes as amended. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended for approval by the staff: 1. Project #396 - Westbury Addition. The feasibility report for the installation of streets and utilities to service the first phase of Westbury Addition at the southwest corner of Wescott Road and Lexington Avenue under Project #396 was presented to the Council and it was recommended that the feasibility report be received and the public hearing be scheduled for 7:00 p.m. on April 3, 1984 at the City Hall. 1 r. Council Minutes March 6, 1984 2. Lexington Avenue - Trunk Watermain/Booster Station - Project #395. The feasibility report for Project #395 consisting of the booster station for the trunk watermain on Lexington Avenue was recommended to be received by the Council and that the Council schedule a public hearing at the Eagan City Hall at 7:00 p.m. on April 3, 1984. 3. Westbury Addition - Preliminary Grading Application. An application had been received from Gabbert Development Co. for a grading permit for the proposed Westbury Addition and it was recommended the application be approved, subject to ordinance compliance. 4. Tax Forfeited Property. Three parcels were classified non- conservation land in preparation for tax forfeiture sale by Dakota County and the City was requested to determine whether it had any need for the property. They included a parcel in Wilderness Run 5th Addition, a parcel in Ches Mar 2nd Addition and a parcel in Zehnder Acres. City staff reviewed the three parcels and recommended that the City acquire the Ches Mar 2nd Addition parcel #10-02700-012-51 and to classify the other two as non-conservation land, but the Ches Mar 2nd Addition parcel as conservation/public interest property. 5. Contractors Licenses. The foregoing schedule of contractors license applications was submitted to the Council and recommended for approval as provided in the packet. 6. Personnel Items. The resignation of Public Works Director Secretary, Judy Chaffee-Heald has been submitted and it was recommended that the resignation be accepted and that the staff be authorized to advertise for a replacement in the position. It was next recommended that the Council authorize the advertisement of a permanent part-time special assessment aide in accordance with present city policy, noting that Nancy Ohm will be transferred to a full-time clerk typist position. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and that the staff be authorized to implement them. All voted in favor, except Wachter voted no as to the Westbury Addition permit. SILVER BELL ROAD IMPROVEMENTS Bruce Copeland, the President of the Shannon Glenn Condominium Associa- tion appeared with a Petition signed by 133 persons requesting that the City Council proceed to institute a project to improve Silver Bell Road, particu- larly at its intersection of Beau D' Rue Drive. The Councilmembers indicated that the staff already has been directed to commence the improvement project. 2 wf alt Council Minutes March 6, 1984 WESCOTT ROAD - TRUNK WATER MAIN HEARING McCARTHY PROPERTY - PROJECT #305 Mayor Blomquist convened the public hearing regarding the proposed assessments under Project #305 regarding the trunk water main over the McCarthy property, both north and south of Wescott Road at 7:00 p.m. Tom Colbert introduced the assessment hearing and Paul Hauge, City Attorney, conducted the hearing on behalf of the City Council. He read a statement into the record and indicated that a cassette recording would be made of the hearing, and it was noted that no one appeared on behalf of the owners of the property. The statement covered the procedure, including the right to request additional evidence and testimony to be submitted, the right to file Briefs on behalf of interested property owners or the City, and the opportunity within 30 days of the closing of the hearing, to submit proposed findings of fact, conclusions and order regarding the assessments. Tom Colbert, Public Works Director, reviewed the feasibility report covering Project #305, started in 1980 and ordered in in 1980, and the water trunk improvements that were installed as a part of the Wescott Road improvements, including storm sewer, some sanitary sewer crossings and trunk water main. He noted that the assess- ments were proposed to cover the 80 acres north of Wescott Road owned by the McCarthy family, approximately 40 acres south of McCarthy Road and owned by McCarthy, and 40 acres south of Wescott Road in the proposed Westbury Addi- tion, which had been assessesd at an earlier time. The assessment hearing was first held in July of 1983 at which time objections were filed. A subsequent hearing was held in December 1983 and the City Council then rescheduled the hearing to March 6, 1984 in order to employ an appraiser to recommend to the City Council what benefit would accrue from the installation of water main to the McCarthy property. The assessment roll was introduced noting that 1980 assessment rates, including both area assessments for water purposes and lateral benefits from trunk water main, were used covering the three parcels involved with total assessments of approximately $90,000.00. Notice of the hearing was published in the legal newspaper and notices were sent to the affected property owners. A letter of objection signed by Patrick McCarthy personally, and Patrick McCarthy as Personal Representative of the Estate of Dennis McCarthy, dated February 26, 1984, was included in the record, as were overhead projections of the area proposed to be included in the assessment roll and also the feasibility report, together with notices and other applic- able documents relating to the assessments. Mark Parranto, appraiser hired by the City, presented a detailed written appraisal report and orally reviewed the appraisal at length with the City Council. It was his opinion that the benefit to the property exceeded the amount of the assessment and at 7:50, noting there were no objections nor appearances on behalf of the property owners, Smith moved, Thomas seconded the motion to close the hearing but to leave the assessments open for 30 days in order to allow interested parties to submit proposed findings, conclusions and order to the Council and further, to submit any other information that was deemed appropriate regarding the assessments. All voted in favor. 3 Council Minutes March 6, 1984 CEDARVALE 2ND ADDITION - PROJECT #373-ALT. Mayor Bea Blomquist then convened the public hearing regarding storm sewer and driveway improvements in Cedarvale 2nd Addition, along Cedarvale Blvd. for Project #373-Alternate. Mr. Colbert stated that on January 17, 1984 a public hearing was held on Project #373 discussing various alternates for the elimination of the service drive to Old Trunk Highway #13 adjacent to Rax, Perkins, Country Club Market and Minnesota Federal Savings & Loan. There was no clear consensus at that meeting by the affected owners and staff was directed to review other potential alternates and meet with the affected property owners, which he stated has now been done. Bob Rosene, the Consulting Engineer detailed the new proposal, including driveway improvements and storm sewer installation. Four properties are involved and proposed to be assessed. Roger Youngquist, Assistant V.P. of Minnesota Federal had questions about the storm sewer installation. Represen- tatives from Rax Restaurant had numerous questions and were told that both left turn in and out from the Rax Restaurant onto Cedarvale would be per- mitted; that Outlots A through D which consist of the service road, now owned by DCR, will be sold to the adjacent property owners for a nominal price; and, that the assessments are proposed to cover a ten year period. The Rax repre- sentative indicated that a request will be submitted to the Council to relo- cate its pylon sign. Sheldon Kranz of Country Club Markets had phoned Mr. Colbert and indicated he was unable to be present, but Country Club supported the proposal. The Mayor had concerns that all owners would maintain the green area adjacent to Cedarvale Blvd. and it was suggested that screening be included in the project near the Country Club Market, or that Country Club would do its own installation of screening and landscaping with City approval. Mark Parranto appeared on behalf of the owners of Mister Donut shop and stated that the owners now support the project but would recommend that blacktop overlay on the Home Juice private drive be installed. There were no objections to the project but there were questions about the private service drive and it was suggested that the remaining private drive between the bowling alley and Country Club be improved under a separate project. After considerable discussion, Wachter moved, Thomas seconded the motion to close the hearing, to approve the report and to authorize the preparation of plans and specifications which would include landscaping and screening to be approved by the City staff. All voted in favor. Smith then moved, Egan seconded the motion to direct the City to acquire an option for the service drive adjacent to Cedarvale Blvd. from the Donut shop to the Country Club Market; further, that a feasibility report be prepared covering the improve- ment of that service drive with the intention of assessing the property owners and potentially vacating the service drive at a later time. All voted in favor. 4 Council Minutes March 6, 1984 PERRY KIEFFER - COMMERCIAL STORAGE The application of Perry Kieffer for conditional use permit for commer- cial storage in an Agriculturally zoned district on Dodd Road was next con- sidered. Mr. Kieffer requested that the application be continued to the April 3, 1984 regular meeting and upon motion by Wachter, seconded Thomas, it was resolved that the application be continued. All voted yes. SUNSET 5TH ADDITION - PRELIMINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition containing one acre and located on Dodd Road was next presented to the Council. The applicant called and indicated he would not be able to be present. Councilmembers had concerns about access to the property to the west and it was noted that the parcel on the north has been purchased by a Church denomination and it was further understood that access through that parcel may be possible. Mr. Hoffman objected to road access through his one acre parcel proposed to be platted under the application. After discussion, Wachter moved, Egan seconded the motion to forward the application to the Advisory Planning Commission for further review regarding road access to Dodd Road. All voted yea. SEE PLAT FILE HILLCREST ADDITION - LOT 12, BLOCK 1 - VARIANCE An application from Mark Parranto for front setback variance for Lot 12, Block 1, Hillcrest Addition was submitted to the Council. Mr. Parranto was present and explained that the reason for the requested variance was because of the steep terrain and because of the attempt to avoid taking additional unnecessary trees. Notices were not mailed to the surrounding property owners but the only property owner within 200 feet was Jerry Thomas. Mr. Thomas indicated he had no objection and waived the right to object and further stated he would abstain from voting. After discussion, Smith moved, Egan seconded the motion to authorize the front setback variance for Lot 12, Block 1, and to grant a blanket variance for Lots 12 through 20 for terrain and vegetation purposes and if a request is made for Lots 21 through 25, that a special public hearing be scheduled before the Planning Commission; further, the building inspector and public works departments approve the minimum set- back for Lot 12 through 20. All voted in favor except Thomas who abstained. 5 Council Minutes March 6, 1984 PUBLIC WORKS MAINTENANCE CONTRACT City Administrator Hedges indicated that a letter had been received from the Minnesota Teamsters Public and Law Enforcement Employees Union Local #320 regarding the Eagan Public Works Maintenance employees confirming the compen- sation settlement for 1984-1985, with one exception on the salary increase in 1985, all proposals by the City Council were approved and it was recommended that the Contract be ratified. Upon motion by Wachter, seconded Egan, it was resolved that the final ratification of the Public Works and Parks Maintenance division Contract with the Teamster Union be and hereby is approved, based upon the offer made by the City Council as of January 30, 1984. All voted in favor. D 84-2 WESTCOTT TRUNK SANITARY SEWER - CONTRACT #84-2 Mr. Colbert stated that the quick-take condemnation proceedings crossing the McCarthy property has now been commenced and that the bids have been received for Contract 484-2 consisting of the sanitary sewer trunk. The bids included four alternates and it was recommended that the Council authorize only the total base bid and reject all alternate bids. Smith moved, Thomas seconded the motion to approve and award the contract to Austin P. Keller Construction Co. in the sum of $383,370.00 and authorize the contract. to be awarded to Austin P. Keller Construction Co. and that all alternates be re- jected. All voted in favor, except Wachter who voted against. YANKEE DOODLE RESERVOIR REPAINTING - CONTRACT #84-4 The plans for the Yankee Doodle Reservoir repainting, including the alternate for the name Eagan being painted on the tank, were presented to the Council. Upon motion by Wachter, seconded Egan, it was resolved that the plans for Contract #84-4 be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Friday, March 23, 1984 at the City Municipal Center. All voted yea. PARK BOND ISSUE PROPOSED FOR 1984 Ken Vraa, the Park Director, was present and reported on the Park Bond Task Force which has been meeting over recent weeks. He explained that he expected that the task force will recommend to the Park Committee that a bond issue election be held in the spring of 1984. After discussion by Council- members, a special meeting was scheduled for March 27, 1984 at the City Hall at 7:00 p.m. to meet jointly with the Advisory Park and Recreation Committee and any task force members who want to be present at the City Hall to discuss the proposed bond issue. 6 Council Minutes March 6, 1984 FIRE ADMINISTRATION BUILDING - PARKING LOT - CONTRACT #84-5 Bids were received on March 1, 1984 for the Fire Administration parking lot and two alternate bids were also submitted. The first alternate was for the installation of a concrete driveway for the first 33 feet from the new garage addition, and the second alternate was a deduct providing for City maintenance crew installation of aggregate base prior to the paving of the surface. Staff recommended that the Council reject alternate No. 2 and Smith moved, Wachter seconded the motion to award the bid to the low bidder, Inde- pendent Curb Contractors, Inc. in the total base bid of $28,075.00 with the Alternate No. 1 of $1,548.00 and to reject Alternate No. 2. All voted yes, except Egan who abstained. FOUR OAKS ROAD/COACHMAN ROAD - PROJECT #348 The City Council had authorized the preparation of the feasibility report for the upgrading of Coachman Road from Yankee Doodle Road to Four Oaks Road and from Four Oaks Road to Trunk Highway #13. The feasibility report has now been completed and Wachter moved, Smith seconded the motion to receive the report for Project 4348 and to schedule a public hearing at the City Hall at 7:00 p.m. on April 3, 1984. All voted in favor. KENSINGTON PLACE - FINAL PLAT APPLICATION The application of Tomark Development Co. for final plat approval of Kensington Place was submitted to the Council. Staff recommended approval, subject to compliance with all City requirements and a representative, David Briggs, of Tomark was present. Egan moved, Thomas seconded the motion to approve the final plat application for Kensington Place, subject, however, to all City requirements and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. R 84-14 TOMARK ADDITION - BOND ISSUE CARRIAGE HILLS HOUSING REVENUE BOND RESOLUTION Councilmembers discussed the hearing for the proposed Carriage Hills Housing Revenue Bond issue and potentially rescheduled it to April 3, 1984. Smith moved, Egan seconded the motion to authorize the hearing to be held on April 3, 1984 at 7:00 p.m. in the event that the Council cannot officially continue the hearing from March 22, 1984, noting the Finance Committee will not be able to meet prior to March 22, 1984. All voted in favor. 7 t • Council Minutes -'-#H March 6, 1984 LEAGUE OF MINNESOTA CITY POLICY AND PRIORITIES The proposed 1984 City Policies and Priorities drafted by the League of Minnesota Cities had been distributed to the City Council and the Council briefly discussed the policies. Egan moved, Blomquist seconded the motion to adopt the policies and priorities without amendments. All voted in favor. SUNSET 4TH ADDITION - PRELILMINARY PLAT The City Council again discussed the application of Tri-Land Company for preliminary plat approval of Sunset 4th Addition, particularly relating to the southerly tier of lots along Hackmore Drive. It was noted that the Council's Resolution of February 21, 1984 required both an escrowing of funds and that Outlots be provided on the southerly tier of lots. Mr. Colbert recommended that the Council require only one of the two conditions and recommended that a prepayment be required from the applicants. Smith moved, Thomas seconded the motion to amend the conditions provided in the February 21, 1984 motion approving the application, to provide for a prepayment by the applicants for the projected costs for the improvements to be assessed against the north side of Hackmore Drive, including street and utility improvements. All voted in favor. There was some reluctance on behalf of the Councilmembers, however, to authorize the spread of the cost over all of the lots in the subdivision, and noted it appeared to be more appropriate to spread the costs only over the southerly tier of lots. SEE PLAT FILE PUBLIC WORKS DEPARTMENT - PRIVATE AND PUBLIC DEVELOPMENT ADMINISTRATIVE FEE SCHEDULE Mr. Colbert reviewed with the City Council both in written form in the packet, and verbally at the Council meeting, a proposal to revise the schedule of administrative fees in the case of private utility and street improvements within new subdivisions. He indicated that the work load of the staff was in excess of the amount of reimbursement received from the developers in case of installation of private improvements, and noted that during 1984, it appeared that the percentage will increase from about 50% of the subdivision improve- ments to 60% - 65% for privately installed. Several alternates were sug- gested, including a minimum fee of $1,000.00 with a sliding reduced scale or a fixed percentage of the projected costs. Blomquist moved, Thomas seconded the motion to direct the staff to propose a schedule of fees for installation of improvements by developers under private contractors, including review of plans and specs, construction review and management, financial bond calcula- tion review, final inspections, etc. All voted yea. 8 Council Minutes March 6, 1984 MISCELLANEOUS SIGNS THROUGHOUT THE CITY Objection had been received by residents of the City to staff and Councilmembers regarding the proliferation of signs throughout the City. The staff was requested to inspect and direct removal of signs that are not authorized. ADJOURNMENT OF COUNCIL MEETING Upon motion by Egan, seconded Thomas, it was resolved that the City Council meeting be temporarily adjourned, subject to reconvening, in order to authorize the convening of the Housing and Redevelopment Authority. All voted in favor. SPECIAL BRA MEETING At 10:10 p.m., upon motion by Egan, seconded Thomas, it was resolved that the. Eagan Housing and Redevelopment Authority convene according to notice, all members being present. All voted yes. Mr. Hedges explained the main purpose of the meeting was to review and approve the proposed Land Sale and Develop- ment Agreement covering the Minnesota Jockey Club race track facility. The March 6, 1984 redraft of the Agreement was distributed to the City Council members and also the exhibits proposed to be attached were dicussed. Mr. Wachter explained his opposition to tax increment financing. Thomas moved, Egan seconded the motion to approve the Agreement, subject to final review and approval by the staff. All members voted yes and Mr. Wachter voted yes because its purpose was to protect the City. BRA PUBLIC HEARING Egan moved, Smith seconded the motion to schedule a public hearing of the HRA for March 27, 1984 at 7:00 p.m. to review and act upon the proposed sale and disposition of certain land owned or to be owned by the HRA in Redevelop- ment District No. 1 in the City of Eagan, which disposition of land would be made in accordance with the land sale and development agreement between the HRA and the City of Eagan and the Minnesota Jockey Club, a limited partner- ship. All voted yes. ADJOURNMENT Thomas moved, Smith seconded the motion to adjourn the HRA meeting. All voted in favor. 9 Council Minuteskn March 6, 1984 RE-CONVENE COUNCIL MEETING AT 10:35 P.M. The City Council meeting again was reconvened at 10:35 p.m. by the Mayor. LAND SALE AND DEVELOPMENT AGREEMENT - JOCKEY CLUB City Administrator, Tom Hedges, next presented the proposed Land Sale and Development Agreement betwen the City of Eagan, the Eagan HRA, and the Minne- sota Jockey Club limited partnership. He stated that exhibits have now been prepared and will be attached to the Agreement and proposed a Resolution approving the form of the Contract on file with the City Clerk/Treasurer, and authorizing the execution by the appropriate officers. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation of the City Clerk regarding the Land Sale and Development Contract be and it hereby is approved and the Contract be authorized to be executed by the appropriate City officers. All voted in favor. R 84-15 RACE FACILITY - PLANNED DEVELOPMENT AGREEMENT A draft planned development agreement prepared by the staff and city attorney's office concerning the proposed Minnesota Jockey Club race facility was presented to the Council for its review. It was noted the draft covered the action of the Advisory Planning Commission and the City Council in August and September of 1983, including noise impact information regarding the pro- posed use of the site. Egan moved, Thomas seconded the motion to approve the draft planned development agreement, subject to final approval and to autho- rize the Mayor and City Clerk to sign the appropriate documents. All voted yes. CHECKLIST Egan moved, Wachter seconded the motion to approve the following check- list dated: March 6, 1984 $170,964.03 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. All voted in favor. PHH au \1WtW&L Ci lerk 10