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02/20/1979 - City Council Regular 0 036 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 20, 1979 A regular meeting of the Eagan City Council was held on February 20, 1979, at 6:30 p.m. at the City Hall. Those present were: Mayor Murphy, Councilmembers Parranto, Egan, Smith and Wachter. Also present were: City Administrator Hedges, City Public Works Director Colbert, and City Attorney Hauge. AGENDA After the Pledge of Allegiance, Smith moved and Wachter seconded the motion to approve the agenda as distributed with some revisions in placement of items on the agenda. All members voted in favor. MINUTES Parranto moved and Egan seconded the motion, all members voted in favor, to approve the minutes of the February 6, 1979, Council meeting with the exception that on page 8 regarding the Red Owl Warehouse variance paragraph, that Mr. Parranto had requested the staff to review the O.K. Manufacturing Plant in Sibley Terminal Industrial Park to determine whether a precedent had been set regarding setbacks and lot coverage. FIRE DEPARTMENT Fire Chief Bob Childers was present. 1. Mr. Childers requested that the Council approve the Mutual Aid Agreement with DNR dated February 15, 1979. Smith moved and Parranto seconded the motion, all members voted in favor, to approve and order its execution. D 79-26 2. Hurst Tool. Mr. Childers and Mac Carll, the Rescue Squad Chief, discussed the purchase of a Hurst Tool and indi- cated that a total of $1600 will be donated by the Eagan Lioness and Lions Clubs and recommended the $3600 from salaries for rescue squad be diverted for the purchase of the Hurst tool which will cost $5400. Wachter moved and Parranto seconded the motion, all members voted in favor, to approve the purchase of the Hurst tool and the transfer of the $3600 from rescue squad funds. Smith moved and Egan seconded the motion, all members voting in favor, to reimburse the rescue squad volunteers if funds are available for salary purposes. February 20, 1979 Page Two 0 037 City Council Minutes PARK DEPARTMENT Mr. Hedges stated that three of the four appointments made by the Park Committee on February 6th would be for a term of 3 years and one for a term of one year. The Council also discussed the attendance of member Norm Hagen at Park Committee meetings. Parranto moved and Egan seconded the motion that the matter of the continued membership of Norm Hagen on the Park Committee be considered before the length of terms of the others is considered. All members voted in favor. The City Administrator was requested to send notice to Mr. Hagen concerning the possibility of the Council's refilling his position on the Park Committee. PUBLIC WORKS COMMITTEE Public Works Committee Chairman Wachter reported and requested that the north wall in the Public Works garage be insulated. Wachter moved and Parranto seconded the motion, all members voted in favor, to authorize the insulation of the wall in the Public Works garage. 2. Surplus Equipment. Egan moved and Wachter seconded the motion and upon the recommendation of the Public Works Director, the Western snowblower was authorized to be sold to Ray Rahn for the sum of $500. All members voted yes. 3. Cooperative Power Request. Cooperative Power Association requested the Council indicate a proposed time table for the improvement of Deerwood Drive and Blackhawk Road for electrical line installation. A proposed resolution was submitted by the Public Works Director providing that Wescott Road from Pilot Knob Road to Lexington Avenue is proposed to be improved to 100 foot right-of-way by approxi- mately 1983 and Deerwood Drive from Blackhawk Road to Pilot Knob Road is proposed to be upgraded to 80 foot right-of-way consistent with the completion of I-35E approximately in 1985. Smith moved and Wachter seconded the motion, all members voted in favor, to approve Resolution 79-8 except Wachter who abstained because he indicated that he may be affected by the right-of-way. R 79-8 4. Sewer and Water Rate Study. Mr. Colbert reviewed a memorandum dated February 15, 1979, recommending that the City Council authorize a sewer and water rate study to be performed by the City consulting engineer firm with an estimated cost from $1100 to $1300. Parranto moved and Wachter seconded the motion, all members voted in favor, to approve the study. February 20, 1979 Page Three 038 City Council Minutes 5. Water Reservoir Location. Mr. Colbert submitted a memorandum dated February 16, 1979, concerning a proposed 4 million gallon water reservoir in the Safari Estates area. It appeared that the Dakota County Board is favorable to the location of the reservoir in the Dakota County Park under certain conditions. Egan moved and Wachter seconded the motion, all members voted in favor, to approve Resolution 79-9 which formally requests the Dakota County Board of Commissioners to enter into an agreement to reserve a perma- nent future location for the proposed 4 million gallon water reservoir in Dakota County park land lying east of proposed Safari Estates and south of Cliff Road on a site mutually acceptable between the City and the County upon terms to be provided in the proposed agreement. R 79-9 GAMBLING AND BINGO ORDINANCE NO. 70 The Councilmembers reviewed with the City Attorney the proposed Ordinance No. 70 covering gambling and bingo including a letter dated February 1st from Mr. Hauge to the City Council in response to Councilmember Parranto's questions. After considerable discussion, Smith moved and Egan seconded the motion, all members voted in favor, to approve and adopt the ordinance and order its publication with the following revisions: A. Parranto moved and Murphy seconded the motion, all members voted in favor, to provide that a member(s) children in a bingo game under Section 70.07 could also be included. B. Smith moved and Egan seconded the motion, all members voted yes, to provide a maximum of 26 bingo games per year under Section 70.07. C. Parranto moved and Smith seconded the motion, all members voted yes, to reword Section 70.08, Subdivision 6, providing that the licensee must own or lease for at least one year. D. Smith moved and Parranto seconded the motion, all members voted in favor, to include in the ordinance and appli- cation a provision that there is a right to search the books of the licensee and provide for the same provision in the ordinance whereby the Chief of Police or City Administrator has the right to look at the books and records. Any member of the Police Department may be designated inspect the.records of the gambling and bingo ordinance licensee at the request of the Police Chief or the City Administrator. February 20, 1979 0 039 Page Four City Council Minutes The City Administrator submitted a proposed fee schedule and upon motion by Parranto and seconded by Smith, all members voting in favor, the fee schedule was adopted with the excep- tion, however, that there would be a $10 fee for each two day event with the combination license at $25; further, that the fee schedule be reviewed within approximately one year by the Council. R 79-10 EAGAN LIONS RAFFLE APPLICATION The application of the Eagan Lions and Eagan Lioness Clubs for raffle application was submitted and recommended for approval. Upon motion by Parranto and seconded by Egan, all members voting in favor, it was RESOLVED that the appli- cation be approved. ST. JOHN NEUMAN CHURCH COMBINATION BINGO AND GAMBLING LICENSE Egan moved and Parranto seconded the motion, all members voted in favor, to approve the one day combined license for February 24, 1979 for St. John Neuman Catholic Church. RAUENHORST - RED OWL CORPORATION VARIANCE Michele Foster appeared on behalf of the application of Rauenhorst Corporation for a variance for a 15 foot rear yard setback and 50% lot coverage for a warehouse for the Red Owl Company on Lot 32, Block 4, Eagandale Center Industrial Park No. 4 on Yankee Doodle Road. Comments of the Building Inspector and the drawing covering the original site plan of 1979 were reviewed. There was concern amongst Councilmembers about setting a precedent. The APC recommended denial. It was noted that the Council had granted a variance to O.K. Manufacturing from 35% to 39% lot coverage. There was discus- sion concerning the change in ordinance since 1970 and the 1970 drawing indicated "future expansion" designations. It was suggested that there be replatting so that there would be one lot for all of the Red Owl property in the event that the area is expanded. Ms. Foster indicated that Red Owl would buy an additional 22 acres. Smith moved to deny the application for the same reasons as outlined by the APC and Egan seconded the motion. Those in favor were: Egan and Smith. Those against: Murphy, Parranto and Wachter. Murphy then moved to grant the variance for 50% lot coverage and that Rauenhorst and Red Owl would be responsible for replattind to one lot so that it cannot be split in the future for the additional land coverage. Parranto seconded the motion. Those in favor were: Murphy, Parranto, Smith and Wachter. Against: Egan. Parranto then moved and Wachter seconded the motion to deny the 15 foot variance application. All members voted in favor except Murphy who voted no. February 20, 197 9 0 040 Page Five City Council Minutes WILLIAM JONES TRAILER PERMIT Mr. William Jones appeared at his own request regarding a complaint that had been filed against him for the location of a trailer on his property on Cliff Road on a temporary basis during construction of a single family residential home. It was noted that the permit was granted on March 15, 1977, and extended on April 4, 1978, to November 1, 1978. He indi- cated that he was leasing the trailer and reviewed the history of the application. He stated that it was not possible to take the trailer off in the winter, that the foundation of the residence on the property will be started the next day and that no one is occupying the trailer. Parranto moved to extend the permit until two weeks after the road restrictions are lifted because of weather conditions. Wachter seconded the motion, all members voted yes. Wachter then moved to cancel the misdemeanor complaint under the Eagan ordinance that had been filed against Mr. Jones and Parranto seconded the motion; all members voted yes. ALICE GULBRANSON SPECIAL USE PERMIT FOR BEAUTY PARLOR Alice Gulbranson appeared on her own behalf for a special permit under Ordinance No. 52 to operate a beauty parlor in her home at 1865 Jade Lane. A report from the City Planner was reviewed demanding certain conditions in the event of approval. Mrs. Gulbranson submitted a list of names of neighbors who indicated no objection to the beauty parlor permit. Smith moved and Wachter seconded the motion for the application to be granted for special permit subject to the following conditions: 1. The hours of operation should be from 8 a.m. to 8:30 p.m. only. 2. The only employee would be the occupant of the household. 3. That the parking would be on-site and limited to two customer's automobiles. 4. That there be no commercial signs advertising the business except for the type of sign that is allowed in R-1 district. 5. That there be no over the counter sales of merchandise. All members voted yes. February 20, 1979 0 041 Page Six City Council Minutes Parranto then moved to amend Ordinance No. 52 to provide for special use permits for beauty parlors in R-1 zoned districts with the conditions that are outlined above in the Gulbranson application. Egan seconded the motion, all members voted yes. MURPHY HOUSE LIQUOR LICENSE TRANSFER Mr. Gregory Eastman appeared on behalf of his application to transfer the Murphy House liquor license from Ray Murphy to Gregory Eastman. It was. noted that the Police Department investigation indicated that his record was clear and in order for consideration including on-sale liquor and Sunday liquor. Wachter moved and Smith seconded the motion, all members voted in favor, to grant the transfer of the license subject to all applicable ordinance requirements. All members voted yes. NORMAN VOGELPOHL LIQUOR LICENSE Mr. Norman Vogelpohl next appeared regarding his appli- cation for on-sale liquor license at 3434 Washington Drive in Yankee Square Shopping Center. He indicated that his application for on-sale liquor and Sunday liquor would be for an establishment to be located at a future date at that address. It was noted that the Council had granted an exca- vation permit for the location but had not granted a building permit. There was Council concern that there be only one on-sale liquor license in the shopping center area and further, certain Councilmembers stated they prefer it to be located in a proposed motel adjacent to the restaurant. Parranto then moved to continue the matter until the next meeting to permit the staff to research the background of the building permit and liquor license. GEORGE SAAD ON-SALE BEER AND WINE LICENSE The application of George Saad for on-sale beer and wine license for a restaurant at 1665 Yankee Doodle Road, the former 7-11 store, was next reviewed. There was no objection by the Police Department. Smith moved and Egan seconded the motion, all members voted in favor, to grant the application for on-sale beer and wine license only with the same condi- tions to prevail concerning the approval of the restaurant application. ST. JOHN NEUMANN TEMPORARY BEER LICENSE The application of St. John Neumann Catholic Church for temporary 3.2 beer license on February 24, 1979, was next intro- duced. Parranto moved and Smith seconded the motion, all members voted in favor, to grant the application. February 20, 1979 Page Seven City Council Minutes O1 TAX EXEMPT MORTGAGE FINANCING Finance Committee Chairman Parranto reviewed with the Council and the large group of concerned individuals present the findings to date of the Finance Committee regarding industrial revenue bonding for financing single family homes. He indicated three methods: A. That of pooling a number of builders into one project and issuing the bonds. B. A single builder - developer on one project. C. The City forming a non-profit corporation and the corporation buying the mortgages from banks to he available for financing both purchase and/or additions to existing homes or financing new homes. It was noted that an Attorney General's opinion is being sought regarding approval of the last method. There was considerable discussion by the Councilmembers concerning their interest in industrial revenue financing for single family homes in the area and a large group of people spoke in favor of the Council approving of such financing. Finance Committee members indicated that they would not recommend one single builder or area for financing. Mr. Rod Pakkonen of Piper, Jaffray and Hopwood appeared regarding legislation for tax exempt mortgage financing that has been introduced into the 1979 legislature. After further discussion, Wachter moved and Parranto seconded the motion, all members voted in favor, to schedule a special workshop session regarding single family financing for March J., 1979 at 7:00 p.m. at City Hall. PUBLIC LIBRARY FACILITY Mr. Hedges indicated that a decision of the Dakota County Board of Commissioners concerning site selection for a library facility will not be made by the Board until February 27, 1979. No action was taken. VIENNA WOODS FINAL PLAT The final plat of Vienna Woods Addition was reviewed by the Council. Upon motion by Wachter, seconded by Egan, all members voting in favor, it was RESOLVED that the final plat as presented be approved. Mr. Charles Slocum appeared for the applicant. The development agreement for Vienna Woods and also park agreement prepared by the City Attorney were February 20, 1979 3 Page Eight 00043 City Council Minutes submitted and recommended for approval. Parranto moved and Egan seconded the motion, all members voted yes to approve the development agreement and the park agreement and order their execution. R 79-11 D 79-27 D 79-28 D 79-28A CHES MAR EAST FIRST ADDITION The application of David Gabbert for final plat approval of Ches Mar East First Addition and development agreement was next discussed. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the following in relation to Ches Mar East First Addition: 1. To accept the warranty deed for the park including Outlots B and C. 2. To accept the trail easement for the trail in Ches Mar East First Addition. 3. To approve the development agreement. 4. To approve the final plat of Ches Mar East First Addition. 5. To approve, subject to the suveyor for the developer, assisting the park maintenance crew in the spring of 1979 at the developer's expense to mark the boundaries of the park and trail and subject to all applicable ordinances. D 79-29 D 79-30 R 79-12 CLEARVIEW NO. 2 FINAL PLAT The application of Donald Thorpe for final plat approval of Clearview No. 2 and development agreement was next presented. Smith moved and Parranto seconded the motion to approve the final plat and development agreement for Clearview No. 2 subject to ordinance provisions. Those in favor were: Parranto, Smith and Murphy. Those against were: Wachter and Egan. D 79-31 D 79-25 R 79-13 February 20, 1979 4 044 Page Nine City Council Minutes BEACON HILL FINAL PLAT, PUD AGREEMENT AND DEVELOPMENT AGREEMENT Mr. Rod Hardy appeared on behalf of the application of Dunn & Curry Real Estatement Management, Inc., for final plat approval of the Beacon Hill Addition including PUD approval and development agreement approval. He indicated that Lots 1-8, Block 1, include the model homes and that the developers were now requesting the City to install all utilities and street improvements. It was further noted that the Park Committee had requested that a trail easement be included at the northwest corner and Mr. Hardy indicated that Dunn & Curry and Centex Homes Midwest will review the matter for consider- ation. Smith moved and Wachter seconded the motion, all members voted in favor, to approve the final plat of Beacon Hill Addition subject, however, to completion and approval by the City staff of the planned unit development agreement and the development agreement, approval by Centex Homes of all provisions of the agreements, subject to the Advisory Planning Commission recommendations and further, with the understanding that the applicant and Centex Homes will consider the dedi- cation of a trail easement as requested by the Park Committee. R 79-14 D 79-32 D 79-33 JUDD BROWN TEMPORARY BLACKTOP FACILITY Mr. Don Eide of Judd Brown, Mankato, Minnesota, appeared on behalf of its application for special permit to allow temporary blacktop facility in an area zoned Agricultural adjacent to proposed Cedar Avenue. He stated that the tempor- ary blacktop facility would be used exclusively for the black- top improvements for Cedar Avenue and is subject to Judd Brown acquiring the low bid for the contract for the blacktopping. Smith moved and Parranto seconded the motion, all members voted in favor except Wachter who voted no, to approve the application subject to the following conditions: 1. That hours of operation be limited from 6 a.m. to 6 p.m. 2. That the facility not be operated on Sundays. 3. That Judd Brown Construction Company shall obtain a Pollution Control Agency operating permit for the facility. 4. That the temporary blacktop facility be used for the surfacing of Cedar Avenue only rather than incidental disposal of blacktop. 5. That the facility be removed after the completion of the contract and the restoration of the property be completed to its present condition. February 20, 1979 Page Ten 0 045 City Council Minutes 6. That the Council review the permit 90 days after start up to determine whether the operation is violating its conditions or if there are any serious objections. 7. That no trucks serving the plant use public roads during rush hour traffic other than a bare minimum, that sand and gravel trucks not be allowed to use the public streets during rush hour and that coordination be accomplished with the Director of Public Works for oil tankers using public streets during rush hour. Councilmember Wachter suggested that the operation be moved either north or south to avoid any potential odor problems. LAKE PARK ADDITION FEASIBILITY STUDY A request from J.P.K. Company for a public improvement facility study for Lake Park Addition was received by the Council. Wachter moved and Egan seconded the motion, all members voted in favor except Parranto who abstained from voting because of a potential conflict of interest, to accept the feasibility request and authorize the engineer to prepare a feasibility study. CHANGE ORDERS Smith moved and Wachter seconded the motion, with all members voting in favor, to approve the following change orders: 1. Project #221B - Change Order #1 - revise the comple- tion date from October 1, 1978, to July 1, 1979, because of weather conditions. 2. Project #195 - Change Orders #2 and #3 - for instal- ling signal conduit near Wescott Road and cutting of trees on Wescott Road. 3. Project #231A - extension of time from November 15, 1978, to July 1, 1979, for improvements in St. Francis Wood Addition. 4. Project #210A - extension of completion date for Wilderness Run Road from July 1, 1978 to July 1, 1979 due to need to lower power poles and cement shortage. 5. Project #216B - Mallard Park Streets - extension of time from November 15, 1978, to August 1, 1979. February 20, 1979 0 046 Page Eleven City Council Minutes LE'PEPINIERE MONTESSORI SCHOOL CONDITIONAL USE PERMIT The conditional use permit application for renewal for Le'Pepiniere Montessori School, Inc., in Easy Street Apartments on Silver Bell Road was next considered. There were no objections to the application. Egan moved and Wachter seconded the motion, all members voted in favor, to approve the application. ORDINANCE #43 AND #52 AMENDMENTS City Attorney Hauge submitted proposed amendments for Ordinances #43 and #52 to allow 3.2 beer licenses at golf courses. Parranto moved and Smith seconded the motion, all members voted in favor, to approve the amendments to Section #52.07 and #43.15. THOMAS LAKE ROAD EASEMENT ACQUISITION A letter from the City Attorney regarding a proposed offer of settlement of the action involving Thomas Lake Road from Mr. Grant Merritt, the legal counsel for Mr. and Mrs. James Barker, was reviewed briefly by the City Attorney. He recommended continuation until the next meeting to acquire additional information concerning the proposal. No action was taken. ARTHUR RAHN PROPERTY SANITARY SEWER SERVICE A request from J.E. Parranto, Inc., for preliminary feasibility and cost study for sanitary sewer service to the Arthur Rahn property on the west side of Blackha.wk Road was submitted. Smith moved and Wachter seconded the motion, all members voted in favor except Parranto who abstained from voting because of a potential conflict, to accept the request and to order the feasibility study. PROPERTY RESEARCH AND DEVELOPMENT, INC. VS. THE CITY OF EAGAN The City Attorney reviewed with the Council the decision of the Dakota County District Court regarding the action of Property Research against the City for approval of the prelim- inary plat for Carriage Hills Manor Addition on Yankee Doodle Road. There was discussion concerning a proposed appeal to the Supreme Court noting that an adverse decision had been received by the City at the District Court level and the City would have the burden of overturning the decision of an appeal. After discussion, Councilmember Parranto moved and Councilmember Egan seconded the motion to authorize the City Attorney to commence an appeal of the decision to the Minnesota Supreme Court. Those in favor were: Egan, Parranto and Smith. February 20, 1979 Q 047 Page Twelve City Council Minutes Those against were: Wachter and Murphy. The Council was concerned about the precedence setting factor in approving such a plat and Councilmembers indicated that they felt that the decision of the District Court did not appear to be proper. VENDING MACHINE ORDINANCE A report from City Clerk Bolke regarding vending machine licensing and inspecting was submitted for review by the Council and no action was taken. SAFARI ESTATES AREA FEASIBILITY REPORT Public Works Director Colbert reviewed a proposal for a new feasibility report covering acreage in the area of proposed Safari Estates Addition to justify the extension of the sanitary sewer line to Safari Estates and to assess the trunk benefits over a larger area. The Council requested more information from the Public Works Director before a decision on the feasibility study is ordered. VOUCHERS Murphy moved and Egan seconded the motion, all members voted in favor, to approve the following vouchers: 609-628; 7713-7810; 11560-11670. ADJOURNMENT Upon motion duly made and seconded, it was RESOLVED that the meeting was adjourned at 12:15 p.m. PHH Dated: February 20, 1979 Jz"Xu City Clerk