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01/03/1978 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 3, 1978 A regular meeting of the Eagan City Council was held on January 3, 1978, at 6:30 n.m. at the City Hall. Present were: Mayor Leo Murphy, Councilmen Egan, Parranto, Smith and Wachter. Also present were: City Administrator Hedges, City Clerk Bolke, City Engineer Rosene and City Attorney Hauge. OATH OF OFFICE. City Clerk Bolke gave the oath of office to the three new Council members, including Mayor Leo Murphy and Councilmen Mark Parranto and Tom Egan. Mayor Murphy indicated that the new members of the Council were the first new Council members since Eagan became incorporated as a municipality in 1972. ROLL CALL. City Clerk Bolke called the roll and all members were present. AGENDA. Wachter moved and Egan seconded a motion to approve the agenda as distributed. AYEs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. MINUTES. Upon motion by Egan, seconded Parranto, it was RESOLVED that the minutes of the regular Council meeting of December 13th and December 20th, 1977, were approved. AYFs: Murphy, Egan, Parranto, Smith and Wachter. NOs: None. ACTING MAYOR ELECTION. Mayor Murphy opened nominations for the acting mayor for the City. Mayor Murphy nominated Councilman Wachter and there were no other nominations. Smith moved and Parranto seconded a motion to cast a unanimous ballot for Councilman Wachter as the acting mayor. Those in favor were: Murphy, Egan, Parranto and Smith. NOs: None. ABSTENTION: Wachter. OFFICIAL LEGAL NEWSPAPER. Mayor Murphy asked that City Attorney Hauge explain the requirements of becoming an official newspaper for legal publication purposes for the City. It was noted that there had been bids received from the Dakota County Tribune and the Sun Newspapers to serve as the official newspaper. There was discussion concerning the technical requirements of being an official newspaper and it was suggested that because the necessary Information to make a decision had not received from the two newspapers, that the matter be continued until the 1-3-78 next regular meeting to acquire more information. Wachter moved to designate the Dakota County Tribune as the legal newspaper indicating that he felt it served the City of Eagan more thoroughly than the Sun Newspapers. There was no second and the motion died. Egan then moved and Smith seconded a motion to continue the matter until the next regular meeting to acquire additional information. AYEs: Murphy Egan, Parranto and Smith. NOs: Wachter. CITY DEPOSITORIES: The list of the present depositories for City funds was reviewed by the City Council. Smith moved and Wachter seconded a motion to designate Mid America National Bank of Eagan as the general depository.and that investment of City funds be authorized for the following banks: 1. First National Bank of St. Paul 2. Mid-America National Bank of Eagan 3. Mid-America National Bank of Roseville 4. Signal Hills State Bank 5. Merrill, Lynch, Perry, Fenner & Smith, Inc. 6. Minnesota Federal Savings and Loan Assoc. 7. Twin Cities Federal Savings and Loan Assoc. 8. Home Federal Savings and Loan Assoc. 9. Northern Federal Savings and Loan Assoc. 10. First Federal Savings and Loan Assoc. 11. First Federal Savings and Loan Assoc. of Hastings 12. Mid-West Federal Savings and Loan Assoc. 13. United Federal Savings and Loan Assoc. 14. Hennepin Federal Savings and Loan Assoc. 15. First Federal Savings and Loan Assoc. of Albert Lea AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. HEALTH OFFICER. It was noted that the Cedarvale Medical Clinic currently serves as a health officer for the City. Parranto moved and Wachter seconded a motion to reappoint Cedarvale Medical Clinic as health officer for 1978. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. OFICIAL POSTING PLACES. Egan moved and Wachter seconded a motion to designate the following offitial posting places in the City for 1978: 1) Eagan City Hall; 2) Lone Oak Tree - Highway 49 and Lone Oak Road; 3) Applebaums Food Market - Cedarvale Shopping Center. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. CITY COUNCIL MEETINGS. Wachter moved and Egan seconded a motion to designate 1-3-78 the first and third Tuesdays of each month at 6:30 p.m. as the official date and time for regular City Council meetings for 1978. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOS: None. COMMITTEE APPOINTMENTS. Mayor Murphy appointed the following persons to the following committees: 1. Personnel - Wachter, Chairman; Egan, Member 2. Finance Committee - Parranto, Chairman; Smith, Member 3. Community Development Committee - Smith, Chairman; Wachter and Murphy, Members 4. Public Works - Wachter, Chairman; Parranto, Member Councilman Smith objected to the City of Eagan paying for the preparation and dis- tribution of statements made by Councilmen and others concerning personal philosophy of Council members. COMMITTEE ELECTIONS. Councilman Smith moved and Councilman Egan seconded a motion as follows: "WHEREAS, citizens should be encouraged to participate in their government, and WHEREAS, it is desirable that the broadest possible representa- tion be encouraged, NOW, THEREFORE, be it resolved that vacancies on new and existing advisory bodies, committees and commissions be publicized in local newspapers, and BE IT FURTHER RESOLVED, that all members of City committees, and com- missions either standing or ad hoc be elected by a simple majority vote of theEagan City Council, from those citizens applying." AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. POLICE DEPARTMENT. Chief Des Lauriers appeared. 1. Traffic Survey. Chief Dca Lauriers reported on an accident traffic survey done an Beau d'Rue Road and the Rahn Road intersection. There was discussion con- cerning the possibility of no left turns at certain hours. No action was taken and the Engineer was asked to review the matter in greater detail. Smith moved and Wachter seconded a motion to place two Stop-Ahead signs on Beau d'Rue Road approach- ing the intersection at Rahn Road. AYEs: Murphy, Egan, Parranto, Wachter and Smith. Nos: None. -3- 1-3-78 2. Hennepin County Co-op Purchasing Agreement. Chief Des Lauriers recommended the purchase of two squad cars at $5,189.96 per vehicle under the Hennepin County Cooperative Purct.aaing Agreement in.which the City is participating. Bids have been received on the purchase. Wachter then moved and Egan seconded a motion that the two squad cars be authorized for purchase. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. WILDERNESS PARK ADDITION. Mr. Arnold Carlson appeared and requested that the Council approve the recommendation of the Advisory Planning Commission that a blanket variance be granted for Wilderness Park Addition similar to the variance granted in Wilderness Park 2nd Addition and several Ches Mar Additions. This would permit 10 foot side and front yard set back variances and 15 foot rear yard setback variances for the purpose of saving trees and preserving the natural topography. Wachter moved and Smith seconded a motion to approve the blanket variancefor y TI ' Wilderness Park Addition. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NQS:None. RECIES SIGN PERMIT. A representative of Recies' Sample Shop oA Rjghw y No. 13 and Seneca Road appeared at the request of the City Council to state why the sign permit which was granted on a temporary basis should not be renewed. The free standing business ground sign is in violation of the ordinance as there is another free standing ground business sign for a retail business located in the building. The representative asked for additional time and for a permanent permit. Wachter moved and Parranto seconded a motion to extend the permit on a temporary basis to May 1st and request that the owner attempt to coordinate the business free stand- ing ground sign with the otber retail business to provide fti' billy One sign outside of the building. AYEs: Murphy, Egan,* Parranto, Wachter end Sm .t`h: NOS: Nbne. R & R ADDITION. Mr. Gerald Rog s gtipeared on behalf o 1 s, application for preliminary plat approva1 of R &"'I Odd flon in section 10 at 1325 Quarry Lane to provide for two, single 'family 1otd 6f 6tst 1/2 j'Etd e&dh, Mr. Rogers explained the plat. The Advisory Planaitlg C+ finis ionh tecomtne tiled etproVal subject to con- ditions. Egan moved and Wachter secon.deda motion to app'r'ove the prelimirchry p . t. 1-3-78 subject to the recommendations of the APC. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. DURNINC'S SUBDIVISION - lR. STEAK RESTAURANT. Mr. John Flannigan, Mr. James Durning and Richard Crum, architect, appeared on behalf of the application of Mr. Flannigan and Mr. Durning to rezone 10 acres at the Southwest corner of Cliff Road and Cedar Avenue to provide for three platted lots, including a Mr. Steak Restaurant on Lot 2. The architect explained the proposal in detail and the Advisory Planning Commission recommended approval subject to certain conditions. The following motions were made: Rezoning. Smith moved and Parranto seconded a motion that the application for rezoning from A, Agricultural to L-B, Limited Business be approved provided, however, that the land intended for acquisition by the Minn.DOT for highway 36 not be rezoned. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. Preliminary Plat. Parranto moved and Wachter seconded a motion to approve the preliminary plat for Durning's Subdivision subject to the recommendations of the APC including the following: a) an additional 17 feet of right-of-way on Old Cedar Avenue with 50 foot total half right-of-way and adequate right-of-way on Cliff Road be granted by the applicant at the time of the final plat approval; b) that the three proposed parcels be shown as lots and not outlots; c) that the highway right- of-way be designated as one outlot. AYEs: Murphy, Egan, Parranto, Wacher and Smith. NOs: None. It is understood that there will be 300 feet spacing for pylon signs for the three platted lots. Conditional Use Permit. Parranto moved and Smith seconded a motion to approve the conditional use permit subject to the following: a. That the final landscape plan be reviewed and approved by the City Planner plus City Engineer before the building permit is issued. b. There be provision for shared common parking over the entire 3 lots. c. That all refuse areas will be properly screened subject to the Planner's approval. d. That concrete curbs and gucters will be provided on all ingress and egress areas as well as the West side of the lot, and that no curbing be required on the balance of the three sides for up to three years after approval of the final 1-3-78 plat or at such time as building permits are acquired on either of the other two lots, whichever is sooner. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. Variance. Smith moved and Wachter seconded a motion to approve the setback from 50 to 10 feet upon the same conditions that the Advisory Planning Commission recommended. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. EAGAN 40 PUD. The Council next considered the annual review of the Eagan 40 Planned Development. There were no representatives of the applicant present. The APC recommended approval. Smith moved and Wachter seconded a motion to approve the recommendation of the Planning Commission for the annual review of Eagan 40. The Administrator explained the proposal and stated that the adjoining property owner, Dunn & Curry, has indicated that an application to rezone the commercially zoned land on County Road #30 will be submitted to the City. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT. A Technical and Engineering Assistance Agreement with the Minn.DOT covering material testing, boring and other related items for 1978 was next reviewed by the City Administrator, who recommended approval. Wachter moved and Egan seconded a motion to approve the Agreement. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. ADMINISTRATIVE COSTS TRANSFER. The City Administrator reviewed with the Council a proposal to increase the percentage for administrative costs for improve- ment projects in the City above the 2% current administrative costs amount. It was recommended that up to 4Y_ be charged because of increases in administrative costs incurred by the City. There was discussion concerning engineering, legal, ease- ment costs and administrative costs, together with interest costs on construction. It was also suggested that a cost accounting method be used rather than a flat administrative charge. Smith moved and Egan seconded a motion that the Adminis- trator determine the amount of costs for .1977 as a guide for the method of cost transfer for 1978. AYES: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. -6- 1-3-78 CHES MAR 4TI1 ADDITION. Mr. David Gabbert, the developer of Ches Mar 4th Addition, had requested that the development escrow agreement for the Addition be delayed for a period of approximately three months to avoid extra interest charges, but to approve the final plat in order to consummate some sales within the devel- opment. Mr. Gabbert was not present at the meeting. Smith moved and Parranto seconded a motion to deny the request in that other developers are required to submit the escrow at the time of approval of the final plat. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. RECESS. The Mayor then announced a ten minute recess. EAGAN ROADS COMMITTEE. Smith moved and Egan seconded a motion that Sven Borgenson be added as an additional member to the Eagan Roads Committee which is intended to study the Interstate 494 interchange at either Highway 13 or Pilot Knob Road. AYEs: Egan and Smith. NOs: Murphy, Parranto and Wachter. HISTORY COMMITTEE. Councilman Wachter suggested that a History Committee to prepare the history of the City be appointed to assist Ken Damlo, the staff member who has been assigned to the function in writing the history of the City. No action was taken. The matter was taken under advisement. DAKOTA COUNTY ROADS. Councilman Parranto suggested that a more detailed ex- planation be given by the Dakota County Highway Department concerning the slowness in snowplowing the county roads within the City. There was discussion concerning the possibility of whether the City of Eagan should request the County to reimburse the City for city maintenance equipment and crews to maintain county roads on a reimbursement basis. The City Administrator was directed to investigate the matter further and to forward a letter to the County concerning the current County snow- plowing procedures in Eagan. SPECIAL MEETING. The Mayor announced that a special meeting of the City Council will be held on January 11th at 6:30 p.m. with staff members to review staff and department functions for the City. -7- 1-3-78 ROADS COMMITTEE MEETING. John Klein, the chairman of the Eagan Roads Committee was present and announced that a meeting of the Roads Committee will be held at the City Hall on Monday, January 9th, at 7:00 p.m. Council members were invited to be present. ENERGY COMMITTEE. City Administrator Hedges stated that a meeting of the Energy Committee will be held at the Mid America National Bank of Eagan at 8:00 a.m. on Wednesday, January 4th, 1978, to review the current natural gas status in the City. Councilman Parranto announced his resignation as an acting citizen member and voting member of the committee, but stated that he plans to attend the meetings of the committee. WEST PUBLISHING COMPANY. City Engineer Rosene stated that a propane gas line on Highway No. 49 adjacent to the West Publishing Company must be moved in order to complete the utility installation and a change order will be required. He will report back to the Council at a later time. LEAGUE OF MINNESOTA CITIES. City Administrator Hedges announced that the City Council in 1977 had authorized an application to be submitted to the League of Minnesota Cities for membership by the City of Eagan and announced that the City of Eagan is now a member. He listed the committees available for membership and stated that he would distribute a list to the Council members. BRAUN PROPERTY - ASSESSMENT REALLOCATION. City Attorney Hauge submitted a letter he had received from Vance Grannis, Jr., the attorney for certain members of the Braun family, requesting a reallocation of assessments on the Braun property on Highway #49. Council members stated that there were additicnal questions that were unanswered and requested the City Attorney to inquire further and report back. STREET LIGHT POLICY COMMITTEE. There was discussion concerning the possibility of appointing a Street Light Policy Committee. No action was taken. BILLS. Wachter moved and Egan seconded a motion to pay the following vouchers: 5506 - 5579; 8401 - 8481. AYEs: Murphy, Egan, Parranto, Wachter, Smith. NOs: None. ADJOURNMENT. Parranto moved and Egan seconded a motion to adjourn at 9:35 p.m. AYEs: Murphy, Egan, Parranto, Wachter and Smith. NOs: None. -8- PHH G2 Whereas, Citizens should be enc-urago i. tp p;%rtic.ipate in their government, and, Whereas, it is desirable that the broadest possible re-oresentation'be encouraged, Now therefore be it resolved, that vacancies on new and existing advisory bodies be publicized in local newspapers, and Be it further resolved, that all members of committOes, and commissions, whether standing or Ad Hox, be elected by a simple majority vote of the City Council, from those citizens appling.