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12/18/1979 - City Council Regular 00327 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 18, 1979 A regular meeting of the Eagan City Council was held on December 18, 1979, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Murphy, Councilmembers Parranto, Wach- ter, Smith and Egan. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. AGENDA After the pledge of allegiance, Egan moved and Wachter seconded the motion to approve the agenda. All members voted yes. MAYOR MURPHY RECOGNITION Councilman Wachter made the presentation of a plaque from the City Council to Leo Murphy who is the outgoing mayor of the City and thanked him for the years of service on the Planning Commission and Council on behalf of the Eagan City Council. MINUTES Wachter moved and Egan seconded the motion to approve the minutes of the regular meeting of December 4, 1979. All members voted in favor. FIRE RELIEF ASSOCIATION There was discussion amongst the Councilmen concerning the request of the Fire Relief Association that Marquette National Bank be authorized to act as the investment and administration counselor for the Relief Association funds. Research will take place concerning the authority of the Council to delegate the admi- nistration responsibilities to a third party. POLICE DEPARTMENT 1. Dispatcher Replacement. Mr. DesLauriers recommended that Lois Morrison be hired as tull-time dispatcher effective Decem- ber 20, 1979, and Karen Fortman be hired as part-time dispatcher effective December 7, 1979. Murphy moved and Parranto seconded the motion to approve the recommendation. All members voted yes. 2. Part-time Police Officer. Mr. DesLauriers then recom- mended that Lori Tripp be hired by the Council as a part-time police officer effective January 1, 1980. Wachter moved and Smith seconded the motion to approve the recommendation of the Police Chief. All members voted in favor. OO32 City Council Minutes December 18, 1979 Page Two 3. Police Investigator. Recommendation was then made that the Council authorize the-Police Department to commence the process to hire a police investigator. Parranto moved and Wachter seconded the motion to approve the request. All members voted in favor. 4. Suburban Police Recruitment System. The Council reviewed material relating to the newly formed Suburban Police Recruitment System whereby cities in the suburbs could join the system on a Joint Powers cooperative basis to develop valid non- discriminatory selection standards and procedures for entry level police positions. The cost would be $10 per sworn police officer per year plus $600 for each police officer hired through the system. After discussion, Smith moved and Parranto seconded the motion to join the association and to execute the necessary agreement effective February 1, 1980. All members voted yes. R 79-98 D 79-163 PARK DEPARTMENT Park Director Barb Schmidt appeared. 1. Warming House Attendants. A list of warming house attendants submitted by Recreation Program Director Dorothy Peterson dated December 14, 1979, was submitted for approval. It was noted that there were no applicants for Highview Park. Smith moved and Wachter seconded the motion to approve the attendants. All members voted yes. D 79-164 2. Highline Trail Right-of-Way. A schedule of Proposed Uses by Segment for Entire Right-of-Way of the Highline Trail from Lexington Avenue to Nicols Road was submitted by the Park Director which had been approved by the Park Committee. After discussion concerning the recommendations for uses and the uses not recom- mended, the Council determined no action will be taken at the pre- sent time. 3. Diseased Tree Removal. A report dated December 13, 1979, from the Park Director Ii-sting the diseased Elm and Oak Trees marked for removal in 1979 by the Park Department according to State law 4as submitted and reviewed. Mrs. Schmidt recommended approval. Wachter moved and Egan seconded the motion, all members voted in favor to accept the list of diseased trees as presented and requested the Park Department 'Co take additional measures to insure compliance. All members voted in favor. D 79-165 OO32 City Council Minutes December 18, 1979 Page Three 4. Wedgewood Addition Park Contribution. Park Director Schmidt reported concerning the proposed park e ication for Wedge- wood Addition as approved by the Park Committee. It was noted that Dunn and Curry, the developers, had agreed with the proposals which involved some revisions to the original Planned Unit Develop- ment proposals including the $10,000 cash contribution for trail construction. There was concern by the Park Committee that the funds not be used within five years from the date that the East side of the lake is platted and reversion of the funds back to the developer at that time. The Park Director was to do additional negotiation concerning the proposal. 5. Rahn Park Expansion. Barbara Schmidt then discussed with the Council the proposed acquisition of an additional twenty acres from St. Paul Companies to be included with the St. Paul Companies - Zachman Homes PUD Agreement at Cliff and Nicols Roads It was proposed that the City be given one year to determine whether to acquire the 20 acres either through Lawcon funding or City funding. No action was taken. BLACKHAWK LAKE STORM WATER PONDING Several neighboring residents on Blackhawk Lake including Dave Johnson and George Bohlig were present with concerns about the rising lake level of Blackhawk Lake. Bob Rosene submitted two letters to the Council for discussion including a proposal dated December 17th for the installation of 600 feet of plastic discharge line and temporary pump from the pond near Blackhawk Road with discharge over Blackhawk Road to Robin Lane on the West side of the road. There was discussion concerning the proposed public hearing for storm water outlet from Blackhawk Lake and also the need to set the normal high water level. There was discussion concerning acquiring consent from Mr. Cy Barry to run the discharge line across his property. Smith moved and Egan seconded the motion to authorize the installation of the temporary lift station inclu- ding the plastic discharge line and to direct the City Engineer to prepare a feasibility study for the outlet for water level con- trol. Parranto then moved to amend the motion to require that the pump not be turned on until authorized by the City Council. Smith seconded the motion. Those in favor of the amendment were: Parranto, Murphy, Smith and Egan. Against: Wachter. On the main motion, those in favor were: Parranto, Mur- phy, Smith and Egan. Against: Wachter. Councilman Wachter stated that he felt that there had been no damage to the Blackhawk Lake area due to the increased water capacity in the area around Black- hawk Lake because of the normal fluctuating water levels in the lake. City Council Minutes December 18, 1979 Page Four HERREGAN DISTRIBUTORS The staff recommended approval of the final resolution for Herregan Distributors. Wachter moved and Egan seconded the motion to approve the final resolution and to authorize the execu- tion of all necessary documents implementing the industrial revenue bonds for $1,050,000.00 for Herregan Distributors. All members voted in favor except Parranto who abstained. SEE BOND FILE ROSEMOUNT, INC., INDUSTRIAL REVENUE MORTGAGE Mayor Murphy convened the public hearing regarding the application of Rosemount, Inc., for industrial revenue mortgage in the amount of $2,130,000 for the acquisition of a building on 1256 Trapp Road to relocate and allow Rosemount, Inc., to expand in the City of Eagan. Finance Committee Chairman Parranto reported for the Finance Committee and expressed the reservations of the Committee regarding this being the first proposal for use of indus- trial revenue financing for remodeling an existing building and requested whether there would be an increase in tax base immediately should the I.R. bonds be authorized. Representatives of Rosemount, Inc., were present and discussed the application indicating that Emerson Electric is the parent company and that the acquisition would include 60,000 square feet with a 40,000 square foot addition. The representatives indicated that the mortgage would not be pur- chased by the parent company and they anticipated that there would be 150 to 250 new employees in the plant with 150 additional with the proposed expansion. There was also a question whether the 40,000 square foot addition would comply with the applicable ordi- nances. Wachter moved to close the public hearing and to approve the preliminary resolution for the issuance of $2,130,000 of indus- trial revenue mortgage financing with Murphy seconding the motion noting the following: 1. That the approval of a financing resolution for existing construction would be done on a case to case basis. 2. That in this case, the building has been under utilized for several years and it would then be utilized to its fullest extent. 3. That a large number of new jobs would be created by the purchase of the building by Rosemount, Inc. 4. That Rosemount, Inc., has a good reputation as a manu- facturer and a substantial growth record. ,1?ik 6J wM rl,..Er City Council Minutes December 18, 1979 Page Five 5. That it would be anticipated that Rosemount, Inc., will expand in the City of Eagan in the future. All members voted in favor. SEE BOND FILE PROJECT #266 - RAHN ADDITION Mayor Murphy convened the next public hearing regarding Project #266 concerning utilities and street improvements to the Rahn Addition on Blackhawk Road. City Engineer Rosene explained the project. Smith moved and Wachter seconded the motion to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. All members voted in favor except Parranto who abstained. PROJECT #287 - EDEN ADDITION UTILITIES AND STREET IMPROVEMENTS The next pubic hearing convened by Mayor Murphy was Pro- ject #287 consisting of utilities and street improvements for Eden Addition. There were no objections. After review, Parranto moved and Smith seconded the motion to close the hearing, to order the project in and to request the City Engineer to prepare the plans and specifications. All members voted yes. PROJECT #289 - EAGAN METRO CENTER SECOND ADDITION Mayor Murphy then convened the public hearing for Project #289 which provides for storm sewer for the Silver Bell condominiums in Eagan Metro Center Second Addition along Silver Bell Road. There was discussion concerning the benefit to the Utrecht property and for proposed future area trunk assessments for that property. It was noted that the immediate benefit did not appear to be present and Eagan moved and Wachter seconded the motion to close the hearing, to order the project in and to request the City Engineer to prepare the plans and specifications. All members voted yes. PROJECT #290 - ECON LABORATORIES The Mayor then convened the public hearing regarding the application of Econ Laboratories for installation of water main consisting of Project #290. It was noted that the project would loop the water system serving the Econ Lab facility on Lone Oak Road. Wachter moved and Parranto seconded the motion to close the public hearing, to order in the project and to request the Engineer to prepare the plans and specifications. All members voted in favor. City Council Minutes December 18, 1979 Page Six LEIBEL ADDITION REZONING AND PRELIMINARY PLAT Mr. Al Bahrani appeared on behalf of the application of Gordon and Doris Leibel to rezone from A, Agicultural, to LB, Limited Business, and preliminary plat approval of Leibel Addition at 3815 Beau D'Rue Drive. The APC recommended approval of the rezoning on November 27th and the plat on December 11, 1979. There was a request to review the parking plan for the property and pro- visions for parking and for easements for Gold Trail and Beau D'Rue Drive. After discussion, Smith moved and Egan seconded the motion to continue the consideration until the next regular meeting to acquire additional information regarding the proposed parking lot in the plat. All members voted in favor. RECIE'S SAMPLE SHOP PYLON SIGN An application was received from Recie's Sample Shop near the Seneca Building on Highway #13. It was noted that the present sign standard would not accommodate an additional sign and Mr. Runkle's report of December 12th was reviewed. Smith moved and Parranto seconded the motion to approve the conditional use permit for the proposed pylon sign because of the above facts. All members voted in favor. FEDERAL REVENUE SHARING FUNDS HEARING The public hearing concerning the designation of federal revenue sharing funds for the 1980 entitlement was next convened. It was expected that enough money in the 12th entitlement will be available to retire the City debt on the new Police Department facility with about $25,000 to $30,000 remaining for application toward the debt the general fund owes the public enterprise fund for the acquisition of the Orr property. Parranto moved and Wachter seconded the motion to close the hearing and to designate the funds as provided above. All members voted in favor. It was noted that there were no objections to the proposal. SAFARI ESTATES - IMPROVEMENT PROJECT #79-17 It was noted that the Public Works Director reviewed with the Council the progress concerning the completion of the final plat requirements for Safari Estates including the award of bids for Improvement Project #79-17 in the addition. Paul Hauge stated that the Water Reservoir Agreement had now been signed by the developer and owner as proposed by the City and recommended approval of the agreement. He also noted that a fifth potential site in Apple Valley is now being considered and could be acquired for the reservoir at no cost from the developer in the event of the purchase by Mr. Watschke for subdivision purposes. Wachter moved and Murphy seconded the motion to approve the low bid for ,fin City Council Minutes December 18, 1979 Page Seven utility improvements for Safari Estates consisting of Improvement #79-17 of Austin P. Keller Construction Company in the amount of $791,400.00, subject, however, to the completion of all final plat requirements imposed by the City Council and by ordinance and for further submission of all necessary letters of credit to the City for approval prior to the actual award of the contract to the low bidder. All members voted in favor. OFF-SALE LIQUOR POLICY A request had been made by Mr. and Mrs. Mark McCrea for designation of an off-sale liquor license location in the South central region in the area of Cliff Road as the third off-sale liquor license area of availability. After discussion, Smith moved and Egan seconded the motion to authorize the third central location for an off-sale liquor license to be an amendment to the off-sale liquor policy. All members voted in favor except Wachter who voted no. CONDITIONAL USE PERMIT RENEWALS The City Administrator submitted an application for condi- ditional use permit renewals for 1980 including the following: 1. John Bushnell - temporary building. Wachter moved and Eagan seconded the motion to approve. All members voted yes. 2. Papa's Inc. - Juke Box in Cedarvale. Noting that there were some comments from the Police Department regarding the opera- tion of the premises, Smith moved and Parranto seconded the motion to continue the matter until January 2, 1980. All members voted yes except Murphy who voted no. 3. Linda Smith - Kiddy Corral - 4028 Rahn Road Day Care Center. Parranto moved and Smith seconded the motion to approve the permit. All members voted yes. D 79-166 DEVELOPMENT BOND REDUCTIONS The following development bond reductions were recommended by the City Engineer and Public Works Director Colbert: PRESENT BOND PROPOSED BOND 1. Pilot Knob Heights 4th Addition $ 4,250.00 $ 2,750.00 2. Wilderness Park $11,725.00 $ 1,500.00 3. Wilderness Park 2nd Addition $18,000.00 $14,150.00 4. Wilderness Park 6th Addition $27,957.00 $17,775.00 OUX. City Council Minutes December 18, 1979 Page Eight Egan moved and Murphy seconded the motion to approve the proposed bond reductions. All members voted in favor. 1980 LICENSE RENEWALS Mr. Hedges submitted a list of license renewals applica- tions covering miscellaneous licenses in the City and recommended approval. Wachter moved and Egan seconded the motion to approve the applications according to the list, a copy of which is attached to these minutes. All members voted yes. D 79-167 1980 FEE SCHEDULES A report from the City Engineer covering a detailed schedule of benefits and user charges for the City of Eagan dated December 6, 1979, covering proposed 1980 fee schedule revisions was discussed by the Council members. There was considerable dis- cussion concerning the proposed increase from $75 to $185 per road unit charge and the need to relate these charges to the specific road expenditures. Further study was requested. FEASIBILITY REPORTS The City Engineer submitted the following feasibility reports for approval. Smith moved and Wachter seconded the motion to approve the reports and to set public hearings at the regular City Council meetings at the Eagan City Hall at 7 p.m. as follows: 1. Project #291 - February 5, 1980 2. Project #293 - January 15, 1980 3. Project #294 - January 15, 1980 4. Project #295 - February 5, 1980 All members voted in favor. PROJECT #293 - WINDCREST ADDITION FEASIBILITY REPORT A number of affected area residents were present con- cerning the feasibility report prepared by the City Engineer for Windcrest Addition and the City Administrator indicated that the report has now been submitted and public hearing would be held on January 15th. It was noted that the Council cannot formally hear or act upon the proposal because the proper notices had not been distributed. Copies of the report, though, were distributed to several interested people present. Also James Hill appeared on behalf of the developer of Windcrest Addition. City Council Minutes December 18, 1979 Page Nine WINE LICENSE PERMIT FEE Council members discussed the proposed reduction in the annual license fee for wine permits noting that a $500 fee appeared 'Co be excessive for the intended purpose of wine licenses. Smith moved and Parranto seconded the motion to approve the reduction of the fee to $200 effective January 1, 1980. All members voted in favor except Wachter who voted no. POSITION DESCRIPTION GUIDELINE The Personnel Committee met on several occasions to review a position description study performed by the office of the City Administrator outlining written job descriptions. There was discus- sion concerning specific descriptions and it was noted that the proposal was for guideline purposed only. Egan moved and Wachter seconded the motion to adopt the Personnel Committee's recommenda- tion for Position Description for guideline purposes only including the revisions discussed. All members voted in favor. D 79-168 IMPROVEMENT PROJECT #80-1 - EDEN ADDITION PLANS The plans and specifications for Improvement Project #80-1 for the utilities and streets in Eden Addition were submitted by the City Engineer. Smith moved and Parranto seconded the motion to accept the plans and specifications and to authorize the City Clerk to advertise for bids for the project. All members voted in favor. IMPROVEMENT CONTRACTS City Attorney Hauge submitted three contracts for approval covering improvements within the City and recommended approval: 1. Project #283 - Johnny Cake Ridge Addition - Econ Utili- ties, Inc. 2. Improvement Project #79-24 - Cedar Avenue replacements - Parrott Construction 3. Improvement Project #79-21 - Lakeside Estates area - McNamara-Vivant Contracting Company. Smith moved and Wachter seconded the motion to approve the contracts and to authorize their execution. All members voted yes. nno ILF City Council Minutes December 18, 1979 Page Ten DODD ROAD - LEXINGTON SOUTH PROPERTY The City Attorney submitted a request by letter from Dunn and Curry Real Estate Management, Inc., dated December 7th requesting the City Council to reconsider its decision of October 16, 1979, for the payment of $5,000 for 12 acres of land acquired on the east side of new Dodd Road due to the alignment readjustment. It was noted that $5,000 was authorized for fee title and the de- veloper indicated that he intended it for severance damages only. After discussion, Smith moved and Wachter seconded the motion to increase the payment to $6,000. All members voted in favor. TEXACO - SINCLAIR STATION Mr. Hedges indicated that Sinclair Oil intends to reopen the former Texaco Station at Cedar Avenue and Highway #13 and re- quested authority to park two semi-trucks after hours in the outside service bays. No action was taken concerning the request. DECEMBER 27, 1979, SPECIAL COUNCIL MEETING It was noted that a special Council meeting has been scheduled for December 27, 1979, at 7 p.m. at the Eagan City Hall, to discuss various issues including the City budget for 1980, wage negotiations, etc. Egan moved and Smith seconded the motion to authorize the special meeting. All members voted yes. NORTHVIEW PARK CONTRACT The final payment of $26,904.56 to Richard Knutson on the Northview Park improvement contract was recommended for approval by Mr. Colbert. Parranto moved and Wachter seconded the motion to approve the payment. All members voted in favor. IMPROVEMENT PROJECT #79-18 - CHANGE ORDER #1 Mr. Colbert recommended approval to Change Order #1 to Improvement Project #79-18 - Lake Park and Brittany Addition in the sum of $4,445. Wachter moved and Egan seconded the motion to approve the change order. All members voted in favor except Parranto who abstained. KENNETH LEHMAN EXCAVATION PERMIT A request from Mr. Kenneth Lehman at 1380 Deerwood Drive for grading and excavation permit was discussed. Egan moved and Wachter seconded the motion to approve subject to ordinance com- pliance. All members voted in favor. 77 City Council Minutes December 18, 1979 Page Eleven HIGHWAY #13 FLY ASH PROJECT Mr. Colbert reported concerning the continued hauling of fly ash from the Northern States Power Blackdog Plant to the Highway #13 construction site by Ames Construction Company. It was noted that the origianl permit was for night hauling for the months of July through September. Ames Construction indicated that hauling has only taken place during the day and did not think that a permit was necessary. After considerable discussion con- cerning the nature of the hauling process and the alleged nuisance being created, Parranto moved and Smith seconded the motion to revoke any permits granted Ames Construction for hauling fly ash in Eagan and to authorize the Police Department to issue violation tags to any vehicles hauling fly ash until the operation is properly patrolled and not creating a nuisance or hazard in the general area to the satisfaction of the City staff. All members voted in favor. PROJECT #236A - CHANGE ORDER #2 - EAGAN HILLS WEST WATER PROJECT Recommendation of the Change Order in the sum of $27,471.50 for the installation of utilities on Beaver Dam Road was next recommended. Egan moved and Wachter seconded the motion to approve the Change Order. All members voted in favor. LONE OAK ROAD SPEED STUDY A report from the Minnesota Department of Transportation District Traffic Engineer, Mark Wikelius, that the temporary study for the experimental speed limit of 30 m.p.h. will now be abandoned and 40 m.p.h. will be resumed between Highway #13 and County Road #31 on Lone Oak Road. Mr. Wikelius indicated that a reduction in the speed limit did not solve the speed problem and the Admi- nistrator was directed to send a letter to the affected residents notifying them about the revision to 40 m.p.h. limit. METROPOLITAN TRANSIT COMMISSION BUS STOPS A response from the Metropolitan Transit Commission to the Council's request concerning bus stop locations and average passenger loading was discussed by the Council. The MTC recommended certain locations and the Council approved the location of bus shelters as follows: 1. Valley View Apartments on Rahn Road 2. County Road #30 and Rahn Road 3. Easy Street Apartments 4. Revision to the Silver Bell and Blackhawk intersection from the Univac loop. There was also a suggestion that additional park and ride locations be established. 003 18 City Council Minutes December 18, 1979 Page Twelve BEACON HILLS ADDITION A request from Dunn and Curry that the utility improve- ments installed by the developer for the model homes in Beacon Hills Addition be taken over by the City and assessed to the benefit of the property owners. Noting that the utilities have not been installed pursuant to Chapter 429, the Special Improvement Project Chapter, the Council indicated that it could not take action and could not assess the improvements. TESKE BUILDING INSPECTION REPORT A report from the City Building Inspector and the Minne- sota Building Division concerning alleged defects in construction of the Teske property in River Hills 9th Addition were discussed. It was noted that three violations were detected after the in- spection. No action was taken in that the Teskes currently have a legal action against the builder of the house. HILLCREST DEVELOPMENT - MARI ACRES Councilman Parranto reviewed the action of the Council at its last regular meeting concerning the application of Hillcrest Development Company for preliminary plat approval of Mari Acres on Nicols Road. Mr. Parranto indicated that he had now reviewd the request and the concerns of the Council that the entire com- munity shopping center area plan be submitted befor approval of any building permit. Parranto moved to reconsider the motion of December 4, 1979, concerning the application for preliminary plat approval and Murphy seconded the motion. Councilman Smith spoke against the reconsideration indicating that the ordinance requires for preliminary plat approval a minimum of 20,000 square foot first building in the C.S.C. area and that the entire plan for the area be submitted at the time of approval of the first building permit. Those in favor of the motion to reconsider were Parranto, Wachter and Murphy; those against were Smith and Egan. Parranto then moved to approve the preliminary plat application of Mari Acres subject to the same conditions imposed by the City Council on December 4th with the exception that the developer need submit a plan for each lot only as the development takes place rather than a plan for the entire subdivision with a plan for that specific lot to be submitted before a building permit is granted on that lot, further subject, however, to the dedication to the City of the ponding area as proposed by the City staff. Murphy seconded the motion. Those in favor were: Murphy, Parranto and Wachter. Against: Egan and Smith. D 79-169 00333 City Council Minutes December 18, 1979 Page Thirteen VOUCHERS Wachter moved and Egan seconded the motion to approve the following vouchers: 870-910, 9351-9426; 13994-14157. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:35 p.m. All members voted in favor. DATED: December 18, 1979 PHH City Clerk ��a� :.l.� 1980 LICENSE RENEWALS LICENSE Cigarette Gravel Pit Heating, Ventilating,Refrigeration Plumbing Rubbish Haulers Vending Machine Water Softener Well Drillers NUMBER 48 3 73 63 11 25 4 7 `z i Council Approval Date