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10/17/1978 - City Council Regular' MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL III EAGAN, MINNESOTA OCTOBER 17, 1978 A regular meeting of the Eagan City Council was held on October 17, 1978, at 6:30 p.m. Those present were: Mayor Murphy, Councilmen Parranto, Egan, Smith and Wachter. Also present were: City Clerk Bolke, City Engineer Rosene, City Public Works Director Colbert, and City Attorney Hauge. It was noted that Tom Colbert has recently joined the staff as the Eagan Public Works Director and was attending his first meeting of the City Council. AGENDA. Wachter moved and Egan seconded the motion, all members voted in favor, to approve the agenda as distributed with the exception that the application of S.E. Partners for preliminary plat approval of S.E. Addition was continued at the request of the applicant. MINUTES. Egan moved and Parranto seconded the motion, all members voted yes, III to approve the minutes of the October 3, 1978, Council meeting with the exception, however, that on Page 4 relating to Project #241, Dodd Road area improvements, letters were received from Mr. Richard 3oos and Mr. Frederick Lauer opposing the installation of improvements in Lakeside Estates Addition. Smith then moved and Wachter seconded the motion, all members voted yea, to approve the minutes of the September 28, 1978, and October 5, 1978, Special Council Meeting minutes with the exception on Page 3 relating to the 1979 Mill Levy certification that Murphy requester that his vote be changed to no. Noting that it is necessary to reconsider the motion. Murphy moved and Egan seconded the motion to reconsider the motion relating to the 1979 Mill Levy. Those who voted aye: Murphy. Those who voted no: Parranto, Egan Smith and Wachter. The motion did not carry. METRO CLEAN AIR COMMITTEE. Mrs. Marge Christianson of the Metropolitan Clean Air Committee, 1829 Portland Avenue, Minneapolis, appeared and requested to explain IIIthe progress relating to the Clean Air Act amendments of 1977 and asked that the Council appoint a liaison person with the Committee regarding required State Clean Page 2 October 17, 1978 Air Act plans and to communicate with City officials in the future. Mayor Murphy volunteered to act as a liaison. POLICE DEPARTMENT. Chief DesLauriers appeared and indicated that three quotes had been received from auto dealers for a gas powered police car. The low quote was from Joe O'Brien, Cheverolet and Cadillac of Hastings, with the quote of $5,349.:. Chief DesLauriers recommended against the purchase because it did not have a police package and further recommended the purchase of the low bid from Wilroy Ford including police package received at an earlier time in the sum of $4,268.53 which included a 1977 Ford trade-in. After considerable discussion concerning the budgetal restrictions, Wachter moved and Murphy seconded the motion to authorize the award of the low bid from Wilroy Ford described above for the police vehicle with police package. Those in favor were: Wachter, Murphy and Parranto. Those against: Egan and Smith. TOM BROWN - PARK COMMITTEE. Wachter moved and Smith seconded the motion, all members voted in favor, to request that a letter be forwarded to Tom Brown expressing appreciation for his service on the Park Committee. LUMBERJACK TREE CARE CONTRACT. Smith moved and Parranto seconded the motion, all members voted in favor, to approve the contract with Lumberjack Tree Care for removal of diseased elms in two Eagan park areas. Egan moved and Parranto seconded the motion to approve the request for a grant refund from the State of Minnesota for shade tree disease removal purposes. All members voted yes. PROJECT #235 - LENORE LANE UTILITY IMPROVEMENTS. The Mayor convened the public hearing regarding Project #235 consisting of sewer, water and storm sewer improvement. on Lenor Lane as part of the Clearview Addition area. The City Engineer explained the project and a number of affected property owners were present. It was noted that seven out of ten affected owners approved of the improvements and there was also discussion concerning the possibility of blacktopping Lenore Lane. Mr. Rosene Page 3 October 17, 1978 explained that a new feasibility study will be required and also recommended that curb and gutter be included. There were no objections from the persons present or in writing. Egan moved and Smith seconded the motion, all members voted in favor, to close the hearing and order in the project. LYNN THIELE REZONING APPLICATION. Mr. Kenneth Ketchum appeared on behalf of Lynn Thiele's application for rezoning from Agricultural to R-1, Residential and waiver of platting regulations for residential permit on a 1 acre pa=c©1 South nf Lemay Lake in Section 10. It was noted that a informal meeting had been held on the site with staff and Councilmembers on October 16th and that Mr. Thiele agreed to a 20 foot easement on the South line of his property. It was noted also that a 33 foot street easement had been acquired from Mr. and Mrs. Ed Reid in 1965 covering the North line of their property for the street running to the East. Mr. Rosene als. recommended a 30 foot by 30 foot easement at the Southwest corner and a 30 foot triangular easement running Northerly from that point on the Thiele property. Smitr moved and Wachter seconded the motion, all members voted in favor, to approve the application for waiver of plat with the condition that the following easements be granted; a 20 foot easement on the South line, a 30 foot by 30 foot easement at t Southwest corner, and a 30 foot triangular easement; further, that the minutes reflect that in the event that the street running to the East is improve in the future, that an attempt be made that the centerline of the road be built as close to the North property line of the Reid property as possible. Smith moved and Wacht,_ seconded anothermotiot.to approve the rezoning as requested. All members voted yes. Mr. Thiele requested a 10 foot variance for building because of the closeness to Lemay Lake. It was noted that an application will have to be submitted to the Planning Commission for review and also approved by the Council. Wachter moved and Smith seconded the motion to express an informal opinion on behalf of the Counc- that the 10 foot variance would be granted if no conditions change and subject to Page 4 October 17, 1978 the APC recommendations. All members voted in favor. MICHAEL R. SILL ADDITION FINAL PLAT APPROVAL. The final plat of Michael R. Sill Addition was presented and recommended for approval subject to the completion of the development agreement. Wachter moved and Parranto seconded the motion, all members voted yes, to approve the final plat subject to execution of an appropriate development agreement and compliance with all other ordinance requirements. MIN/DOT TRAFFIC STUDY. City Engineer Rosene reported on Min/Dot traffic study for Lone Oak Road between Trunk Highway #13 and Pilot Knob Road. A meeting had been held with Min/Dot officials on October 12th and an informative meeting was scheduled for 4 p.m. on Thursday, October 19, 1978, at the City Hall. AIRCOMMM, INC. LEASE. A request has been received by AirComm, Inc. to lease antenna and transmitter space at the City water tower on Pilot Knob Road near the Univac plant. The offer was to pay the City $50 a month for the lease. Certain recommendation from the staff were reviewed by the Council. After discussion, Smith moved and Parranto seconded the motion to authorize the staff to negotiate a lease with AirComm on a month to month basis and to submit the lease to the Counc for approval. Those in favor were: All members. Those against: none. PROJECT #236A - EAGAN HILLS WEST. The bids for Project #236A consisting of sewer, water, and storm sewer for Eagan Hills West First Addition have been opened on October 5, 1978, and the low bidder was Fredrickson Excavating Company in the amount of $629,046.20. Parranto moved and Wachter seconded the motion, all members voted in favor, upon recommendation of the City Engineer to acceptthe low bid, to accept the low bid and award the contract to Fredrickson Excavating Company. 1978 STREET tAINTENANCE PROGRAM. The request for final payment of $12,890.48 by Madsen Specialties Company for the 1978 street maintenance contract was received The total is $24,995.48. The City Engineer recommended approval of the payment of the balance. Parranto moved and Egan seconded the motion, all members voting Page 5. October 17, 1978 in favor. to approve the final payment subject to approval of the City Engineer. J.I. CASE COMPADTY FEASIBILITY REPORT. The City Engineer presented the feasibility report for Project 44256 consisting of sewer and water improvements to the J.I. Case Company property on Highway 4455. Egan moved and Smith seconded the motion, all members voted in favor, to accept the preliminary report and schedule the public hearing for November 21, 1978, at 7 p.m. at the City Hall. TACONITE TRAIL IMPROVEMENT PROJECT #258. The request of Mr. Greg Ray for extension of utilities to Taconite Trail was next discussed. The City Engineer submitted a feasibility report for the project consisting of Project 94258. Egan moved and Smith seconded the motion to accept the preliminary report and to schedule a public hearing for November 21, 1978, at 7 n.m. at the City Hall. All members voted in favor except Wachter who voted no. PROJECT 94247 R.L. JOHNSON INDUSTRIAL ROAD. The next feasibiiity.report submit by the City Engineer consisted of Project 94247 regarding the road improvements for R.L. Johnson Industrial Road, North of Highway 4413. Smith moved and Wachter second, the motion to accept the report and schedule the public hearing on the report for November 21, 1978, at 7 p.m. at the City Hall. All members voted yes. TONY CAPONI POND. The City Clerk informed the Council that a legal action has been commenced by Tony Caponi alleging damages to the area surrounding the pond South of County Road #30 on the Caponi property. It was alleged that the pond is 4 11 feet above its normal high water level. The Home Insurance Company has been notified of the claim. HENRY MIKKELSON CONSTRUCTION COMPANY CONTRACT. An installment request for payment in the sum of $18,900 has been received from Henry Mikkelson Construction Company for the construction of the police facility. Smith moved and Egan seconded the motion to authorize payment of the installment. All members voted in favor. Page 6 October 17, 1978 UNION CHEMICAL L.T.L. FACILITY. City Attorney Hauge reviewed with the Council an Environmental Assessment Worksheet, prepared by City Zoning Administrator Runkle, regarding the proposed Union Chemical installation for a storage distribut: facility consisting of 515,000 gallons of storage of various petroleum derivitives on a five acre parcel in Eagandale Center Industrial Park No. 1. The recommendatic of the City staff was that there be a negative declaration authorized by the City Council and that the applicant had complied with all necessary State regulations and that there should be no EIS required. The Council requested further informatic and it was noted that the application for a conditional use permit will be submitt( to the Advisory Planning Commission on October 24th. WESCOTT ROAD EASEMENTS. City Attorney Hauge reviewed with the Council the progress of the acquisition of easements on Wescott Road including that from Mr. ai Mrs. Hollis Orr. He explained the monetary demand from the Orrs for the easement. Councilmembers suggested that the Engineer and Attorney negotiate with the contract and with Mr. Orr to attempt to get a consent from the contractor to proceed with one-half of the project beginning at the West end at the same unit prices with the understanding that the balance of the road may not be constructed or that it may be delayed until Spring. THOMAS LAKE ROAD APPRAISER. City Attorney Hauge requested authorization to .engage an appraiser for purposes of condemning the necessary right of way for Thom: Lake Road. Parranto moved and Egan seconded the motion, all members voted in favor, to grant such authorization. WOODGATE ADDITION EASEMENTS. The City Attorney indicated that two easements in Clearview Addition, Project #235 require authorization from the Council for approval concerning potential damages to the property. Mr. Dennis Willis has requested that the City repair the retaining wall in the event of damage and also compensate for the loss of any tress that may be damaged due to the construction. Page 7 'October 17, 1978 In addition, Woodgate Homeowners Association has requested reimbursement for any trees that may require removal or are damaged. Wachter moved and Smith seconded t1 motion, all members voted yes, to authorize agreements to be entered into with Mr. Willis and Woodgate Homeowners Association with the understanding that, however no payment will be made by the City unless there is obvious negligence by the City. VIENNA WOODS ADDITION. Mr. Dennis Griswold, landscape architect, appeared on behalf of the applicants for approval of the preliminary plat of Vienna Woods Addition consisting of 90 single family lots and 15 two family lots for a total of 105 units. The density would be 2.54 units per acre. It was noted that there was several existing homes and lots on King Road that would also be included in the plat. Barbara Schmidt appeared and explained the Park Committee°s recommendati regarding revision of the cash dedication provision under the Mission. Hills South Planned Unit Development Agreement and noted that a review of the area indicated a need for approximately 2;1 acres of Dark land. Charles Slocum of UniSouree Corporation, the general partner for Link Properties, the owner of Mission Hills South was also present and indicated that he was generally in agreement with a regl of the City for the park land. A draft agreement was submitted by the City Attu;- for review. There were questions from a number of people present regarding the easement for the improvements of King-Road indicating that King Road at the presen time is located on the North side of the section line. A petition from three property owners for utility and street improvements of King Road was submitted. The APC recommended approval subject to certain conditions. Mr. and Mrs. Dick Kreitz were present and objected to proceeding without a determination of the alleged easement to their property running across certain Vienna Woods Addition lots. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the preliminary plat subject, however, to the recommendations of the Advisory Planning Commission except number 6 which recommended that the City not Page 8 October 17, 1978 approve building permits on those lots bordering the Krietz's property until a resolution has been reached regarding the easement with the Krietz; subject to appropriate street grades and to determination as to the buildability on all lots; further, subject to the Engineer's approval and acquisition of all necessary podding easements. VIENNA WOODS ADDITION GRADING PERMIT. An application from the developers of Vienna Woods Addition for grading permit was submitted. Egan moved and Smith seconded the motion, all members voted in favor, to approve the grading permits subject to final staff approval. HOLLIS ORR PROPERTY. It was noted that the City Council had at an earlier meeting requested that the Eberhardt sign ,the City Police facility property be removed. Parranto moved and Smith seconded the motion to request the staff to notify Mr. and Dirs. Hollis Orr to remove the Eberhardt "For Sale" sign on the Eagan Police facility property within 7 days or that the City will remove the sign. All members voted yes. SPECIAL MEETING. A special joint meeting of the City Council and the Advisory Planning Commission was scheduled for October 30, 1978, at 7 p.m. at the City Hall. BEECHER DRIVE AND BLACKHAWK ROAD. Two residents at the corner of Beecher Drive and Blackhawk Road appeared concerning the grades on Beecher at the intersection of Blackhawk Road. It was recommended that additional fill be removed from the corner lot. Wachter moved and Egan seconded the motion, all members voted in favor, to authorize the removal of additional material on the vacant lot at the intersection. VIENNA WOODS FEASIBILITY STUDY. Smith moved and Wachter seconded the motion, all members voting yea, to authorize the City Engineer to prepare a feasibility report for utilities and streets in Vienna Woods Addition including King Road. HEINE'S FIRST ADDITION. Mr. Karl Heine forwarded a letter to Mayor Murphy objecting to the use of concrete poles for street light purposes in Heine'e First Page 9 October 17, 1978 Addition. It was noted that there is an extreme shortage of concrete and also Mr. Heine objected to the additional cost. The Councilmembers indicated their polic is to install concrete poles and no action was taken. CARLSON AND THOMAS LAKES FILTRATION WELLS. City Engineer Rosene and Public Works Director Colbert reviewed with the Council the refusal of the Minnesota Department of Health to grant permits for filtration wells as requested by the City at Carlson Lake and Thomas Lake to relieve the high water levels. The Health Department was concerned about filtration of pollutants into the substrate water vein. The City Engineer recommended, however, proceeding with additional boarings. Smith moved and Wachter seconded the motion, all members voted yes, to authorize the City -E ueer `to proceed with such boarings. VOUCHERS. Egan moved and Smith seconded the motion, all members voted in favor to approve the following vouchers: 10590 - 10731; 516 - 533; 7082 7159. ADJOURNMENT. Upon motion duly made and seconded, all members voting yes, the meeting was adjourned at 11:05 p.m. DATED: October 17, 1978. PHH CI' CLERK