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01/20/1981 - City Council Regular X00012 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 20, 1981 A regular meeting of the Eagan City Council was held on Tuesday, January 20, 1981, at 6:30 p.m. at the Eagan City Hall. Mayor Blomquist and Council- members Parranto, Egan, Smith, and Wachter were present. Also present were City Engineer Rosene, Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA Smith moved, Egan seconded the motion to strike the application of Blue Cross and Blue Shield for rezoning from Agricultural to PD, Planned Develop- ment at the request of the Developer and to refer it back to the Advisory Planning Commission. All voted yes. Then Smith moved, Egan seconded the motion to approve the agenda as distributed. All voted in favor. MINUTES Wachter moved, Smith seconded a motion to adopt the minutes of the January 6, 1981, regular City Council meeting with the exception on page 5 the date for the hearing on the zoning map update should have been February 3 rather than February 7; it was further moved that the zoning map update be resched- uled to February 17 at 7 p.m. at the City Hall. All voted yes. EAGAN LIONS CLUB Members of the Eagan Fire Department were present and Mac Carll presented a plaque to the Eagan Lions Club from the Eagan Volunteer Fire Department for the many contributions of the Lions to the Department over the past years. President John Berquist and other Lions Members were present to accept the plaque. EAGAN VOLUNTEER FIRE DEPARTMENT Chief Bob Childers was present. 1. A resolution presented by the Capitol City Fire Relief Assocation and the Board of Trustees of the Eagan Fire Relief Association urging support from the City Council concerning the Minnesota League of Cities proposal to permit diversion of Fire State Aid Funds from Relief Association to other purposes was submitted by Chief Childers. Parranto moved, Wachter seconded the motion, all voted in favor to approve the resolution. R 81-2 2. Special Council Meeting. A special meeting of the Relief Association and the Council was scheduled for Thursday, January 29, at 7 p.m. at the City Hall to discuss Relief Association matters. 1 000x_3 MN/DOT MTC PARK AND RIDE MN/DOT's state aid engineer had contacted the Director of Public Works indicating its intention to solicit additional funding from the 1971 Legisla- ture for future park and ride site development. Staff was requested to study the issue and report back to the Council on proposed locations. CONSENT AGENDA Wachter moved, Egan seconded a motion to place the excavation permit for Hillandale First Addition, receipt of report for Project #315 well No. #5, receipt of report for Project #316 Galaxie Avenue street and utilities, and receipt of report for Project #322, O'Leary Lake outlet at the foot of the agenda for furthur discussion. All voted yes. 1. Ches Mar East 4th Addition Improvement Project #328. The Public Works Director recommended receipt of the petition and that the engineer be directed to prepare a feasibility report for Ches Mar East 4th Addition, Improvement Project #328, for street and utility improvements. 2. Improvement Project #329 Cedar Cliff 2nd Addition. It was recom- ended by the staff that the petition be received and that the engineer be directed to prepare the feasibility report for Improvement Project #329 con- sisting of Cedar Cliff 2nd Addition street and utility improvements. 3. Improvement #79-8 Meadowlands 1st Addition streets. The Public Works Director recommended that the Council accept the Improvement #79-8 and authorize final payment to Minnesota Valley Surfacing Company in the amount of $16,391.02 and accept the streets in Meadowland 1st Addition for perpetual maintenance. 4. Improvement #80-5 Fish Lake Storm Sewer Outlet. Change Order No. 2 to Improvement #80-5 consisting of Fish Lake Storm Sewer Outlet was submitted by the Public Works Director consisting of five parts. It was recommended that Change Order No. 2 to the contract with Parrott Excavating Company in the amount of $16,964.15 be approved. 5. Improvement #80-19 Twin View Manor Utilities. Change Order No. 1 to Improvement #80-19 consisting of utilities in Twin View Manor Addition con- sisting of work within County Road #31 covering the contract with Sandmark Construction Company in the amount of $5,302.48 was recommended for approval. 6. MTC Bus Shelter. The site plan for the fourth site for MTC bus shelter at Silver Bell Road and Blackhawk Road intersection was recommended for appro- val by the City Council consisting of Site Plan C-1323. 7. HRA Cooperative Agreement. The Cooperation Agreement between Dakota County HRA and the City of Eagan was recommended for approval by the City Administrator with the goals set forth and agreed upon when the HRA met with the City Council on January 6, 1981. It was recommended the Mayor and City Clerk execute the Cooperation Agreement on behalf of the City. A 81-1 Smith then moved, Wachter seconded a motion to accept the foregoing recom- mendations on the Consent Agenda and to authorize their approval by the Coun- cil. All voted yes. 2 0 (101.4 HILLCREST DEVELOPMENT COMPANY TAX EXEMPT FINANCING The public hearing concerning the application of Hillcrest Development Company for tax exempt financing in the amount of $1,100,000 for the construc- tion of a 20,572 square foot two-story office building in the Hillcrest De- velopment area on Cedar Avenue and Cliff Road was next convened by Mayor Blomquist. A representative of Miller & Schroeder was present as was Ernie Christianson of Hillcrest Development. Noting the application must meet all the City guidelines and the fact it appeared to meet the requirements of the State statute on industrial revenue financing, Parranto moved, Egan seconded the motion to approve the preliminary resolution as proposed provided all City guidelines are complied with. All voted yes. SEE BOND FILE CHES MAR EAST FOURTH ADDITION FINAL PLAT Egan moved, Wachter seconded a motion to continue the consideration of the final plat as requested by the developer. All voted yes. CEDAR CLIFF SECOND ADDITION FINAL PLAT Steve Ryan of Zachman Homes was present regarding the application of Zachman Homes for final plat approval of Cedar Cliff Second Addition. It was noted that the utilities and streets have not been officially ordered in for this improvement and it was recommended the final plat not be approved until the action is taken by the Council. The Public Works Director recommended that a feasibility report be prepared and a the public hearing be held on the improvements. It was noted that an original report had covered the entire project and that Zachman Homes had submitted a waiver of objections to the local improvement process. Smith moved, Wachter seconded a motion to approve the final plat subject to compliance with all ordinance requirements including the execution of a Development Agreement and the completion of the feasibility report and public hearing. It was noted that trailway should be included rather than outlot for the trail from the park to the North. The addition consists of 53 lots. All voted in favor. R 81-3 D 81-1 MARK McCRAE OFF SALE LIQUOR LICENSE The application of Mark and Pamela McCrae for off sale liquor license in the Safari mall shopping center on Cliff Road for McCrae and Associates, Inc., was next considered. Mr. and Mrs. McCrae were present and indicated that an application had been submitted for the James Refrigeration site which had been denied by the City Council because of its proximity to the Beautiful Savior Lutheran Church. Smith moved, Egan seconded a motion to approve the application noting that it complies with the City policy on the location of a site in the southern portion of the City, that it is within a commercial shopping center, that it is not in proximity to an existing off sale liquor license either within the City or outside of the City, further that it is in a very fast growing area of the City. All voted in favor. ORGANIZATIONAL ITEMS - 1981 The Mayor then commenced the organizational portion of the meeting for the year 1981 which included the following: 3 0 0O1..5 1. Act Mayor. Mayor Blomquist reappointed Councilman James Smith as the Acting Mayor for 1981. 2. Legal Newspaper. Parranto moved, Egan seconded a motion to con- tinue the consideration of the appointment of a legal newspaper until the next meeting to determine if the Eagan Chronicle is eligible as an applicant for the legal newspaper. All voted yes. 3. City Depositories. The City Administrator submitted a list of recommended checking account and fund depositories for City funds consisting of twenty institutions and recommended approval. Parranto moved, Wachter seconded a motion, all voted in favor of the recommendations. D 81-2 4. Posting Places. It was noted that the Council had designated four official posting places in 1980, including the City Hall, Lone Oak Tree, Cedarvale Shopping Center and Yankee Drug. Because posting places are very seldom used any longer except at the City Hall, it was recommended that only the City Hall be the official posting place. Smith then moved, Wachter sec- onded a motion to -designate the City Hall as the official posting place for the City and that the Lone Oak Tree at Lone Oak Road and Highway #49 be designated the historical posting place on a perpetual basis. All voted yes. ADVISORY PLANNING COMMISSION APPOINTMENTS It was noted that two appointments should be made for three year terms to the Planning Commission and one one year alternate position. Those expressing interest in the appointment were Charles Hall and Dale Turnham and additional persons interviewed for the Council were Louis W. Frillman, Robert C. Heywood, Sr., Charles E. Shults, III., Sandra Masin and Richard Carroll. Those elected were Charles Hall and Dale Turnham for the three year terms from 1981 to 1983 and Robert C. Heywood, Sr., for the one year alternate term. ADVISORY PARK AND RECREATION COMMITTEE APPOINTMENTS Three appointments are required for three year terms to the Advisory Park and Recreation Committee with the completion of terms by Roger Martin, Jean Loken, and Richard Carroll and a one year term for Sharon Radl, who has resigned. Those persons indicating an interest for reappointment are Roger Martin, Jean Loken and Richard Carrol and others interviewed by the Council were Sandra Masin and Mike Fedde. Those elected for the three year terms were Roger Martin, Jean Loken, and Mike Fedde and Dick Carroll was elected for the one year vacancy. CITY HEALTH OFFICERS Parranto moved, Smith seconded a motion to appoint Cedarvale Medical Clinic as the medical health officers for 1981. All voted in favor. CITY COUNCIL MEETINGS Wachter moved, Egan seconded the motion to designate the first and third Tuesdays of each month at 6:30 p.m. at City Hall as the City Council meeting dates, time and location. All voted yea. 4 0,*' COMMITTEE APPOINTMENTS Mayor Bea Blomquist appointed the following persons to the committees as designated: Personnel Committee Egan and Wachter (Chairman, Egan) Finance Committee Smith and Parranto (Chairman, Smith) Public Works Committee Wachter and Parranto (Chairman, Parranto) Community Development & Public Relations Blomquist and Egan (Chairman, Blomquist) Liason to Park and Recreation Committee--Councilmember Wachter Liason to Advisory Planning Commission--Councilmember Smith FISCAL CONSULTANTS Smith moved, Egan seconded a motion to retain Miller and Schroeder as fiscal consultants for the City of Eagan for 1981 under the same terms as for the previous year.. All voted yea. LEGAL CONSULTANTS Wachter moved, Egan seconded a motion to appoint George Hoey as the City Prosecutor for 1981 and Paul H. Hauge and Associates as the City Attorney for civil matters for the City for 1981. All voted yea. PEACE REFORMED CHURCH REZONING The application of Peace Reformed Church for the rezoning from R-4 to LB of approximately 12.5 acres was next considered. The property south of County Road 30 and east of new Cedar Avenue is owned by October Land Company. A presentation by a representative of the church was made and he indicated there may be a retirement home constructed on the property in conjunction with the church. Gary Faukes, attorney for Mr. and Mrs. Richard Keneally, the property owners to the north, appeared and indicated their concern about the use of the land. There were also concerns about the 300 foot spacing between a potential liquor license establishment and a church or school. There were no objections to the 300 foot distance by the Kenneallys and they would support a Limited Business zoning rather than Public Facilities. It was noted nearly all churches in Eagan are in Public Facility districts and there is a problem with incompatability of certain LB uses to churches and further, the possibility of rezoning a portion of land to LB in the future if it is used for that purpose. The Council noted that it generally did not zone up without specific uses proposed. Later in the meeting the representatives of Peace Reformed Church returned and agreed to amend its application to Public Facili- ties. Parranto moved, Wachter seconded the motion, to rezone the parcel in question to Public Facilities and to permit the amendment of the application to rezone from Limited Business to Public Facilities provided all interested parties consent to the amendment. All voted in favor. R 81-4 ALVIN LECOCQ WAIVER OF PLAT TWIN VIEW MANOR The application of Mr. and Mrs. Alvin LeCocq for waiver of plat to combine two single family lots into one single family lot located on Lots 17 and 18, Block 4, Twin View Manor, was next considered. Mr. and Mrs. LeCocq 5 00..7 were present. There were no objections. The APC recommended approval subject to certain conditions. Wachter moved, Egan seconded the motion to approve the application with the condition that if a second residence is ever proposed on the lot that the applicant wil be required to replat the property and that additional assessments would be levied against the additional lot. All voted yes. R 81-5 SAFARI SHOPPING MALI, IR FINANCING An application had been submitted from Rothschild Financial Corporation, the Developers of the Safari Shopping Mall, for industrial revenue financing in the amount of $3,801,000. Wachter moved, Smith seconded the motion to accept and approve the preliminary Resolution and schedule the public hearing for February 17, 1981 at 7:00 p.m. at the City Hall. All voted yes. SEE BOND FILE SEWER AND WATER RATE STUDY 1981 The Director of Public Works and City Administrator commented on the 1981 Sewer and Water Rate Study and recommended approval. The staff was requested to request the MWCC to justify the rates of flow for the City of Eagan in its billings. Wachter moved, Egan seconded the motion to have the staff request The MWCC to justify rates of flow for the City. All voted in favor. Egan moved, Wachter seconded the motion to approve the Sewer and Water Rate Study as proposed. All voted yes. D 81-3 POLICE ASSOCIATION CONTRACT Mr. Hedges stated that the Police Association is now in agreement with the proposed wage contract and recommended approval covering the years 1981 and 1982. Parranto moved, Wachter seconded the motion to approve the two year contract as submitted. All voted yes. A 81-2 UNIVAC BUILDING PERMIT Mr. Russ Headley appeared with a slide presentation concerning the pro- gress of the proposed Univac building for its semiconductor facility. He noted that construction work is scheduled to begin in early March. The APC recommended approval of the building permit application subject to certain conditions. Mr. Headley requested that the platting requirement be waived. Smith moved, Egan seconded the motion to approve the application subject to the following conditions: 1. The 212 acres parcel which Univac presently owns shall be platted prior to occupancy of this building. 2. The trail connection shall be worked out between Univac and the City so the City will be able to have access to Pilot Knob Park for the residents who live on the west side of the development. 3. The parking area and driveways shall have asphalt surfacing and concrete curbing around the perimeter of the parking area. 4. An adequate landscape bond shall be provided and not released until one year after the landscaping has been completed. 6 8 5. All applicable ordinances shall be complied with. 6. That the applicant study possible staggering of working hours to relieve the traffic problems on public streets in the area. All voted in favor. IMPROVEMENT PROJECT #326 SOUTH OAKS STORM SEWER Mr. Colbert submitted the feasibility report for Improvement Project #326 consisting of storm sewer in the South Oaks area. He reviewed three alternates and discussed the costs involved including possible cost savings if the trunk sanitary sewer is installed in conjunction with alternate #1. There was discussion concerning the need for trunk sanitary sewer to the Overhill Farm Addition. Wachter moved, Egan seconded a motion to approve the feasi- bility report and to schedule a public hearing on the sanitary sewer portion in conjunction with storm sewer on February 3, 1981 at 7:00 p.m. noting that the sanitary sewer portion had not been scheduled for the public hearing. All voted in favor. TRUNK UTILTIY ASSESSMENT RATES 1981 The trunk utility assessment rates submitted by the Public Works Director were reviewed by the Council. It was noted there was about an 11% increase for sanitary sewer rates and water rates were up about 10%. The trunk utility assessment rates in effect at the time of approval of any specific project and its ordering in by the Council would apply as to the rates for that project. j Egan moved, Wachter seconded the motion, all voted in favor to approve the utility assessment rates for 1981. CITY HALL ALARM SYSTEM Mr. Hedges discussed two bids that had been submitted for installation of alarm system in the City Hall including the low bid from Atlas Alarms, Inc. of $2,693 submitted on July 5, 1980. He stated that he contacted the two bidders and that Atlas Alarms would increase the bid about 10% over the earlier bid. After discussion, Smith moved, Egan seconded the motion to authorize the entry into a contract with Atlas Alarms, Inc., in the sum of $2,942 for the City Hall system. All voted yes. HILLANDALE FIRST ADDITION EXCAVATION PERMIT An excavation permit submitted by Luther Stalland of Beure' Co. for an excavation permit for Hillandale First Addition was next considered. Mr. Colbert stated that he had reviewed the plan and that he recommended approval. Egan moved, Smith seconded the motion to approve the application, subject to compliance with the applicable ordinance. All voted yes. IMPROVEMENT PROJECT 315, 316 and 322 FEASIBILITY REPORTS Mr. Colbert recommended that the receipt of the preliminary feasibility reports for Improvement Project #315 consisting of Well NO. 5 storm sewer, Project #316, Galaxie Avenue street and utilities, and Project #322, O'Leary Lake Storm Sewer Outlet be continued for further study on impact on the trunk 7 0GI9 funds of the City. Parranto moved, Wachter seconded the motion to approve the request for continuance. All voted yes. WINDCREST ADDITION PETITION FOR UTILITIES The City Attorney requested that a revised resolution concerning the acceptance of the petition for utilities for Project #293A and B consisting of improvements in the Windcrest Addition be accepted. It was noted that Wind- crest Properties is the applicant. Parranto moved, Smith seconded a motion, all voted in favor to accept the petition and order the feasibility report for Project #293A and B. R 81-6 IMPROVEMENT 80-31 A contract with Allied Painting, Inc., for Improvement #80-31 was next submitted. Smith moved, Parranto seconded a motion to approve the contract and order its execution subject to submission of the appropriate bond and insurance. All councilmembers voted yes. I-494 HEARING The Council discussed the hearing which commenced on January 19 at the McKee Building concerning the application of MN/DOT for permit for the I-494 extension around Schmidt Lake in the City of Sunfish Lake. No action was taken. JOINT POWERS AGREEMENT--WARNING SIGNS Mr. Hedges submitted a Joint Powers Agreement with other surrounding municipalities for the proposed advertisement for bids for purchasing warning siren equipment for the City and recommended approval. Egan moved, Wachter seconded the motion to approve the Agreement. All voted yes. A 81-3 ROBERT O'NEIL LAND USE REVISION The attorney for Mr. Robert O'Neil contacted the City requesting consid- eration of the Council regarding the revision of the Land Use of the property owned by Mr. O'Neil at the northwest corner of Yankee Doodle Road and Lex- ington Avenue from Agricultural to R-III. The Council requested an applica- tion for rezoning to consider the request. DATA PRACTICES ADMINISTRATOR Blomquist moved, Smith seconded a motion to appoint Tom Hedges as Data Practices Administrator for the City with Gene VanOverbeke as the assistant. All voted yes. RIDECLIFFE ADDITION PARK A request from U.S. Homes to do the rough grading and the seeding of the Ridgecliffe Addition Park if the City will prepare a site grading plan was disucussed. Wachter moved, Egan seconded the motion to solicit bids from consultants for such a plan. All voted yes. 8 (Y Z0 AM14--LMC MEETING Mayor Blomquist indicated that she would attend a meeting of the Associa- tion of Metropolitan Municipalities and League of Minnesota Cities on March 12 concerning proposed drug paraphernalia legislation being submitted to the 1981 Minnesota Legislature. BLUE GENTIAN ROAD Blomquist moved, Wachter seconded a motion to approve the recommendation of the Public Works Director that "No Through Trucks" signs be posted on Blue Gentian Road from Highway 49 to Highway 55. All members voted in favor. I-494 JOINT STORM SEWER PROJECT A proposed joint storm sewer project with MN/DOT on I-494 with alternate for gravity outlet and/or lift station was next discussed. MN/DOT recommended the gravity outlet and indicated that MN/DOT would construct the project. Smith moved, Parranto seconded the motion, to give conceptual approval to the gravity system for the storm sewer project for I-494 as proposed. All voted yes. YANKEE DOODLE ROAD PLAN--DAKOTA COUNTY A plan was submitted to the Public Works Director for improvement of a portion of Yankee Doodle Road west of Pilot Knob Road during the Pilot Knob Road upgrading and the proposal was discussed by the Council. Parranto moved, Wachter seconded the motion to authorize the preparation of a feasibility report for that portion of the roadway to be combined with storm sewer up- dating in the Yankee Square Shopping Center area. All voted yes. VOUCHERS Parranto moved, Smith seconded the motion to approve the following vouch- ers: 020110-020845; 17560-17589. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:10 p.m. PHH 9