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03/03/1981 - City Council Regular 00045 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 3, 1981 A regular meeting of the Eagan City Council was held on Tuesday, March 3, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Parranto, Egan, Smith and Wachter. Also present were City Public Works Director Colbert, City Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. GIRL SCOUT WEEK A number of Girl Scouts were present and the Mayor proclaimed the week of March 8 through 14, 1981 as Girl Scout Week in the City of Eagan. AGENDA Egan moved, Parranto seconded the motion to approve the agenda with the deletion of the application of J.P.K. Park Company for final plat approval as requested by the applicant. All voted yes. MINUTES Wachter moved Parranto seconded a motion to approve the minutes of the regular City Council meeting of February 17, 1981. All voted in favor. PARK DEPARTMENT Park Director Ken Vraa was present. 1. Park Department Automobile. Mr. Vraa recommended that the low bid for the purchase of a Ford Fairmont from Ridgedale Ford including a $600 rebate be accepted by the City Council with a total bid of $6,762. Wachter moved, Egan seconded the motion, all voted in favor to approve the recommendation. 2. Truck and Snow Plow. Specifications were distributed to seven dealers for a three quarter ton pickup with snowplow and quotations have been received from four dealers. Mr. Vraa indicated that the estimate for the truck and the snowplow had been below $10,000, that additional items had now been added to the base bid, that it had been anticipated that a used truck would have been traded in, and further that the base bid is well below $10,000. Noting that the low bid with the plow and the extra items was from Ridgedale Ford in the sum of $10,157.88, Councilmembers indicated that had the used truck been traded in it would have been well below the $10,000 advertisement limit. On the basis of the foregoing information and the recommendation of the Park Committee, Smith moved, Parranto seconded the motion to accept the low bid of Ridgedale Ford in the sum of $10,157.88 but to delete a strobe light in the approximate amount of $185 leaving a balance of $9,972.88 and award the con- tract to Ridgedale Ford. All voted yes. 1 0('10M Council Minutes March 3, 1981 3. Used Truck with Snow Plow. Upon recommendation of the staff that the truck and snow plow be retained for backup purposes, the Council discussed the trade in of $1,500 through Ridgedale Ford. Parranto moved, Egan seconded the motion to authorize taking sealed bids for the used truck and snow plow and to return the bids to the City Council. All voted yes. CONSENT AGENDA The following consent items were submitted to the Council and recommended for approval by the City staff: 1. County Road #31 Traffic Signal Agreement. A Traffic Signal Agreement covering traffic signals at County Road #28 and at County Road #26 on Pilot Knob Road (County Road #31) with Dakota County was submitted for approval. The contract provides for a 50/50 split between the City and County for all costs incurred with combined costs for both signal systems at $62,500. It was recommended that Traffic Signal Agreement No. 81-88 be approved and the City officials be authorized to execute the agreement. A 81-5 2. Improvement #79-2 Change Order, Beacon Hills Streets. A seven part change order to Improvement #79-2 concerning Beacon Hills streets consisting of Change Order No. 2 was recommended for approval in the sum of $4,093.01 as detailed by the Public Works Director. 3. Improvement #79-20, Duckwood Drive. Change Order No. 2 for Improve- ment #79-20 covering Duckwood Drive street improvements in the sum of $4,514.87 was next submitted and recommended for approval. 4. Improvement #236A, Meadowlands lst Addition Utilities. The Public Works Director recommended that final payment and acceptance of Improvement Project #236A covering Meadowlands 1st Addition Utilities and final payment of $1,428.25 to Fredrickson Excavating Company be approved by the City Council. 5. Improvement Project #323, Coachman Land Company lst Addition Streets and Utilities. A petition had been submitted by the developers of Coachman Land Company 1st Addition for street and utility improvements and it was recommended that the feasibility report submitted by the City Engineer cover- ing Improvement Project #323 be accepted and that a public hearing be scheduled by the City Council for April 7, 1981, at 7:00 p.m. at the City Hall. 6. Improvement Project #328, Ches Mar East 4th Addition Streets and Utilities. A recommendation was made by the Public Works Director to receive the feasibility report covering Improvement Project 328 relating to Ches Mar East 4th Addition streets and utilities and to schedule a public hearing for April 7, 1981, at 7:00 p.m. at the City Hall. Wachter moved, Egan seconded the motion to approve the recommendations for the above consent items. All voted in favor. 2 0004 Council Minutes March 3, 1981 COUNTY ROAD #31 BIKEWAY CONSTRUCTION The Council then considered the Supplemental Agreement No. 1 for trail- ways covering County Road #31 relating to construction and funding of new trails within Dakota County. On March 7, 1978, the Dakota County Board of Commissioners officially adopted the trailway plan providing for County con- struction of a bikeway along one side of a county road in conjunction with the upgrading of the respective section of the county road. The funding would be on a 55/45 basis whereas now the Dakota County Park Department is preparing a long range comprehensive plan to provide for 100% funding for county trail- ways. The supplemental agreement with Dakota County No. 31-05 on Pilot Knob Road was providing for 55/45 cost participation split and was recommended for approval. Commissioner James Kennedy and County Highway Director Bob Sandeen were present. Egan moved, Wachter seconded a motion that the Council approve the agreement mentioned above with the understanding that the resolution of the Council be attached to the agreement regarding retroactivity of any new cost participation. All voted yes. R 81-12 A 81-6 PROJECT 318 YANKEE SQUARE SHOPPING CENTER STORM SEWER AND STREET IMPROVEMENTS Mayor Blomquist convened the public hearing regarding storm sewer and street improvements in the Yankee Square Shopping Center area at Yankee Doodle Road west of Pilot Knob Road. Mr. Colbert introduced the project and City Engineer Rosene detailed the proposal. He noted that there had been contact from Univac and no objection from Univac regarding the project. Representa- tives of Dakota County were present and there were no objections to the proposal for either street or storm sewer improvemetns. Also, Martin Colon, the Yankee Square Shopping Center owner, was present with questions. It was noted that the roadway will be kept open during construction for local traf- fic. There was also a request that the County construct a bikeway along the south side of County Road 28 from County Road #31 to Federal Street in con- junction with the reconstruction of County Road #31. Smith moved, Egan seconded the motion to close the hearing and order in the storm sewer project. All voted in favor. Parranto then moved, Wachter seconded the motion to close the hearing regarding the state project and to order in the street improvements to include an 8-foot wide trail on the south side with option for concrete trail if there is an acceptable method of funding and further dependent upon County/City sharing of the funding. All voted yes. PROJECT #325 - - TIMBERLINE STREET LIGHTS The next public hearing convened by the Mayor concerned street lighting improvements in the Timberline Addition under Project #325. A large number of residents of Timberline were present and it was noted that a majority of the residents had submitted requests for a feasibility study for the street light installation. Mr. Colbert reviewed the options and there were many questions about the options, spacing, costs including maintenance and initial costs. The initial petition had about 46 signatures for study purposes only and the Councilmembers indicated they would not make a decision without neighborhood 3 0G 0 8 Council Minutes March 3, 1981 reaction after the hearing. After considerable discussion, Wachter moved, Parranto seconded the motion to continue the hearing until the owners in Timberline have a chance to meet and submit a formal reaction to the City Council by April 7, 1981. It was noted that the reason for the continuance was because these types of projects are non-essential and service oriented only and it is not intended for the Council to become involved in neighborhood debate on such an issue. All voted yes. WARNING SIREN SYSTEM LOCATIONS The Mayor then indicated that the location of four warning sirens would be considered by the Council and that an informational meeting had been held on February 26, 1981, at which neighbors were invited to be present concerning the location of the sirens. Mr. Hedges explained the proposal including the purchase of the four civil defense warning sirens. Doug Reid, the City Civil Defense Director, and Darrrel Grimes, the County Civil Defense Director, were present and answered questions. It was suggested that the siren would be placed at the Pilot Knob School as an alternate to the Timberline pumphouse. A number of residents and affected persons were present, some with objections to specific locations. It was noted that it is necessary to have public land and three phase power, and the density of the existing development and pro- posed development are also factors for the location of the sirens. Fire Department representatives recommended the siren be placed on a pole north of Fire Station No. 1 within the utility easement area. Smith moved, Egan seconded a motion to accept sites 1, 2, and 4 as recommended to the Council and site 3 be on the Fire Station roof if possible or within the easement area or on the north side of the building, and that the cost evaluation and final recommendations on Site No. 3 be reviewed by the City Council. All voted in favor. BARREL RECONDITIONING, INC. VARIANCE AND CONDITIONAL USE PERMIT The application for Barrel Reconditioning, Inc., for variance from set- back requirements and asphalt surfacing for a parking lot and conditional use permit to allow outside storage for Lots 17, 18, and 19, Block 2, Eagandale Center Industrial Park No. 4, was next considered. The Advisory Planning Commission recommended approval subject to certain conditions at its January 27, 1981 meeting. James Jordan, president of Barrel Reconditioning was pre- sent. Wachter expressed concern about potential pollution and Mr. Jordan addressed the question and explained the PCA applications had been submitted and that it is expected that no water will get into the sanitary sewer system because of the cleaning and treatment processes. It was noted that the plant has also been monitored by the Dakota County Hazardous Waste Division. There were no objections to the application. Egan moved, Smith seconded a motion to approve the 15-foot variance from the front setback line to the parking area and also for asphalt surfacing of the parking area upon the condition that the surfacing be completed within a period of one year. Egan, Smith, Blomquist and Parranto voted yes, Wachter voted no. Egan then moved, Parranto seconded the motion to approve the conditional use permit to allow outside storage subject to the following conditions: 1. That the storage does not exceed the 6-foot high fence. 4 001-0419 Council Minutes March 3, 1981 2. Dust control measures will be used on the storage area. 3. If and when development occurs to the east of the facility that the owner shall submit a landscape plan to the City and provide landscaping acceptble to the City on the east lot line of the property. Parranto, Smith, Egan and Blomquist voted in favor. Wachter voted against. D 81-12 GALAXY PARK ADDITION REZONING AND PRELIMINARY PLAT Mr. Thomas Heiberg appeared on behalf of his application for rezoning from Agricultural to PD, Planned Development District and preliminary plat aprpoval of Galaxy Park Addition on approximately 36 acres located in the east half of the northwest quarter of Section 32 on Galaxy Avenue. The APC recom- mended approval subject to conditions. Mr. Heiberg was present and reviewed the project for the Council. There were questions concerning whether the option Mr. Heiberg had with the owners of the property was sufficient for the Council to act, whether the sixplexes and eightplexes would be condominium or townhouse and also whether the easements will be granted as requested by the City within the area. Mr. Stelious Astelinidos was also present for the applicant. Mr. Parranto asked staff which area in the ordinance the sixplexes and eightplexes should be placed and it was recommended that the ordinance be reviewed to make a determination as to the definition for the proposed condo- minium type project noting that another proposal is being submitted to the City for a comparable type development. There was also discussion with Orrin Thompson concerning the exchange of property on the east and Mr. Heiberg indicated that he expected the exchange could take place. It was also noted that the Galaxie right-of-way roadway will be acquired and built by MN/DOT and the question of assessments against the Galaxie property was mentioned. Mr. Heiberg asked that the feasibility study be ordered and that he would submit a petition under the conditions imposed by the City for the commencement of the feasibility report on utili- ties and streets. Councilmember Parranto moved and Egan seconded the motion to continue the application and further to refer to the Advisory Planning Commission for study and recommendation at the next meeting concerning the category for condominium type development as proposed in the Galaxy Park Addition. It was further Resolved that the Council order the feasibility report with the understanding that the developer will pay the cost of the report. All voted in favor. DIAMOND T RANCH SPECIAL USE PERMIT FOR WINE AND 3.2 BEER Mr. and Mrs. Jerry Thomas appeared on behalf of their application for special use permit to allow wine and 3.2 beer to be sold in an Agriculturally zoned area and for wine license, Sunday wine license and 3.2 beer license for Diamond T Ranch on Pilot Knob Road. There was discussion concerning the method under the ordinance to request of the application noting that Agri- culturally zoned property does not authorize such licenses under permitted or conditional uses. It was noted that light food would be served and also that the operation is a service to the community. There were concerns, however, about nearness to the park area and the possible for the County Park Depart- 5 00 O-1.~,O Council Minutes March 3, 1981 ment reaction. It was recommended by the staff that approval should come under the special permit noting the Council has the right to impose conditions and to cancel the license if it does not comply with ordinance requirements. Parranto moved, Smith seconded the motion, to grant the special use permit for the licenses. All voted in favor except Wachter who voted no. Parranto then moved, Egan seconded the motion to grant the 3.2 beer and wine licenses with the understanding that a letter will be forwarded to the County informing the County Park Department that the licenses have been issued and if there are any objections to cite such objections in a letter to the City as soon as pos- sible; further, that the ranch will serve food and that the issuance of a license is not being made to a commercial enterprise without food; further, subject to all applicable ordinance requirements. All voted in favor. TAYLOR VS. SMITH, EGAN AND PARRANTO The Council then discussed briefly the action being brought by Paul Taylor against Councilmembers Smith, Parranto and Egan for alleged violations under the Open Meeting Law and in addition punitive damages. At a special Council meeting on February 26, 1981, action was taken to authorize legal defense by the City for the Councilmembers. City Administrator Hedges and City Attorney Hauge explained that a request had been made of the Eagan liability insurance carriers whether they would offer defense for the Council- members and no reply has been received. It was recommended that the Council defer any action and ask for additional time to interpose an answer in the action. Wachter moved, Blomquist seconded a motion to authorize the City Attorney to request a continuance of the time to enter an Answer to the Complaint and allow time for reply from the insurance carriers for an addi- tional 20 days. Those in favor were Blomquist and Wachter. Those against were none. Those abstaining were Smith, Parranto and Egan. The matter will be placed on the next regular Council meeting agenda. MILEAGE ALLOWANCE FOR CITY EMPLOYEES The City Administrator reviewed the mileage allowances for the admin- istrative position and other persons who are reimbursed for mileage for use of their individual vehicles. Wachter moved, Egan seconded a motion to increase the allowance to the City Administrator to $200 per month to cover mileage allowance and meal expenses on City business and $.20 per mile effective March u, 1981, for all other City employees using their personal vehicles. All voted in favor. FISCAL DISPARITIES LAW The City has received Resolutions approved by the City Councils of Inver Grove Heights and Burnsville both of which call for repeal of the Fiscal Disparities Law. There was considerable discussion concerning the bill com- monly known as the "Pot Bill" and it was noted the net loss to the City of Eagan for 1980 due to the Fiscal Disparities Bill was $6,736,530. There was discussion concerning the philosophy of the law and the impact upon the City and possible need for adjustments to the law. Wachter moved, Parranto seconded the motion to approve a resolution calling for the repeal of the Fiscal Disparities bill, and recommended, in effect, that the Legislature 6 Council Minutest' March 3, 1981 seriously review the bill with the aim toward making adjustments in the law. All voted in favor. All legislators and the administrators of Burnsville and Inver Grove Heights will be sent copies of the Resolution. R 81-13 IMPROVEMENT PROJECT #316 GALAXIE AVENUE STREETS AND UTILITIES Mr. Colbert indicated a major portion of the Galaxie Avenue improvement will be from MN/50T funds or state aid. He recommended that the Council accept the feasibility report and set a public hearing. Wachter moved, Parranto seconded the motion to accept the feasibility report for Improvement Project #316 and schedule a public hearing for April 7, 1981 at 7:00 p.m. at the City Hall. All voted yes. Noting the importance of the issue regarding assessments against property where state funding is received and the state constructs the project, the City Attorney was instructed to review the issue in detail. LEGISLATIVE ACTION CONFERENCE The League of Cities will hold its annual Legislative Action Conference at the Capitol Holiday Inn near the State Capitol in St. Paul on Thursday, March 12 and City Councilmembers were invited to be present. WILLIAM WEITZEL UTILITY MAINTENNACE WORKER The Public Works Director recommended that the Council hire William Weitzel in the position of Utility Maintenance Worker Level I. Wachter moved, Parranto seconded the motion, all voted in favor to accept the recommendation. All voted yes. CABLE TV ADVISORY COMMITTEE MEETINGS Several special meetings are being scheduled in order to tour cable tv facilities during the next few weeks. MUTUAL SERVICE INSURANCE COMPANY HEALTH INSURANCE FOR CITY EMPLOYEES The City Administrator indicated that the premium increase in the Mutual Service Insurance Company health insurance policy for the City of Eagan has been received and that further report will be made to the Council. ALICE ANDRES CETA EMPLOYEE It was noted that the CETA position of Alice Andres has terminated with the City. The City Administrator recomended that the Council authorize hiring her for part time hours for the City staff. Parranto moved, Wachter seconded the motion, all voted in favor to hire Alice Andres on a part time basis as recommended by the City Administrator. All voted yes. 7 Council Minutes March 3, 1981 UTILITY MAINTENANCE WORKER #1 Mr. Don Weckop has resigned as utility maintenance worker unit level #1 and Wachter moved, Egan seconded the motion to accept the resignation and authorize the staff to advertise for a new person to fill the position. VOUCHERS Egan moved, Blomquist seconded the motion to approve the following vouchers: 0612105-062940. All voted in favor. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 11:15 p.m. PHH CITY C RK 8