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12/02/1980 - City Council Regular 00296 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 2, 1980 A regular meeting of the Eagan City Council was held on Tuesday, December 4, 1980, at 6:30 p.m. at the Eagan City Hall. Mayor Blomquist and City Councilmembers Mark Parranto, Tom Egan, Jim Smith and Ted Wachter were present. Also present were City Engineer Rosene, City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA Upon motion by Parranto, seconded Egan, it was RESOLVED that the agenda be approved with the exception that a Joint Use Rental Agreement for 1981 and the execution of St. Francis Woods 2nd Addition Development Agreement be placed at the end of the agenda and that the grading and excavation permit requests for West Publishing Company 2nd Addition and for the Astleford property be placed on the Consent Agenda. All voted yes. MINUTES Wachter moved, Parranto seconded the motion to approve the minutes of the November 18, 1980, regular meeting with the exception that on page 8 there are additional Planning Commission recommendations regarding Bicentennial 6th Addition. All voted yea. SPECIAL MEETINGS The following meetings schedule were approved by the Council: December 9, 1980, 6:30 p.m., Special City Council meeting and December 10, 1980, 7:00 p.m. Cable TV Advisory Committee Meeting. JOHN VOSS PLANNING CONSULTANT John Voss was present and explained a letter that he had prepared addressed to the Council dated November 24, 1980, proposing continuing his position of Consulting Planner with the City but that his relation with Dakota County be controlled by the provisions in the letter. No action was taken and the City Council had no objection to the proposal. COMPREHENSIVE PLAN AMENDMENT GUIDELINES Mr. Dale Runkle, City Planner, and John Voss were present and explained the ad hoc committee meeting of December 2 with the Metropolitan Council's staff. He reviewed a proposed redraft of the Comprehensive Plan admendment guideline procedure which was submitted on November 25. There were objections on behalf of Councilmembers Council Minutes 0.~ 297 December 2, 1980 Page Two as to certain guidelines proposed and a resolution prepared by the City Administrator to be addressed to the Metropolitan Council Physical Development Committee was dis- cussed. Parranto moved, Egan seconded the motion to approve the resolution and to forward the resolution to the Metropolitan Council Physical Development Committee regarding the guidelines. All voted in favor. R 80-96 POLICE DEPARTMENT Chief DesLauriers was present and recommended the purchase of two Cutlass Diesel squad cars for the Police Department from Joe Graeves Motors, the low bidder, in the sum of $17,348. Wachter moved, Parranto seconded the motion to approve the recom- mendation. All voted yes. PUBLIC WORKS DEPARTMENT Tom Colbert reviewed the request for a street light at Pilot Knob Road and Eagan Industrial Road made by Rosemount, Inc. Mr. Colbert was asked to prepare a priority list for street light intersection locations in the City and report back to the Council. CONSENT ITEMS The following consent items were submitted and recommended for approval by the Council: 1. Windcrest 1st Addition Development Agreement. The Development Agreement for Windcrest 1st Addition was submitted and recommended for approval. 2. St. Francis Woods 2nd Addition Development Agreement. The Development Agree- ment prepared by the City Attorney's office regarding St. Francis Woods 2nd Addition was recommended for approval subject to compliance with all City ordinances. 3. Wilderness Run 6th Addition Bond Reduction. It was recommended by the City Engineer that the Development Bond be reduced to $6,000 from $17,775. 4. Ches Mar East 1st Addition Bond Reduction. It was recommended by the City Engineer that the bond be reduced from $87,030 to $62,760. 5. Ches Mar East 2nd Addition Bond Reduction. The City Engineer recommended the development bond reduction for Ches Mar East 2nd Addition from $2,500 to $1,750. 6. Ches Mar 4th Addition Bond Reduction. The City Engineer next recommended a reduction in the development bond escrow for Ches Mar 4th Addition from $2,500 to $750. 7. Rustic Hills Addition Bond Reduction. The Eagan City Engineer recommended a reduction of the development bond escrow for Rustic Hills Addition from $19,100 to $17,786. Upon motion made by Smith, seconded Parranto, all voted in favor, to approve the foregoing Consent Agenda items as recommended. Council Minutes December 2, 1980 Page Three CEDAR VIEW ADDITION FINAL PLAT The final plat for Cedar View Addition was submitted to the Council and recom- mended for approval. Parranto moved, Egan seconded the motion to approve the final plat subject to all City requirements and ordinances. All members voted for the motion. D 80-97 R 80-97 BOYER TRUCK AND EQUIPMENT COMPANY CONDITIONAL USE PERMIT Mr. Phillip Maas, the president of Boyer Truck and Equipment Company, appeared and requested a conditional use permit for outside storage for the Boyer Truck property on Lot 8, Block 1, Sibley Terminal Industrial Park. It was noted that Boyer Truck and Equipment is currently in operation at that location and that a conditional use permit for outside storage is required. He stated that there is parking for approximately 30 trucks with 30,000 square feet of parking now and room for an additional 73,000 square feet of parking. He stated that Boyer Truck will install fencing if security problems arise. There were no objections. The APC recommended approval subject to conditions. Parranto moved, Wachter seconded a motion to approve the application subject to the following conditions: 1. The outside storage area shall have an asphalt surface and concrete curbing around the perimeter of the storage area. 2. A minimum of 3-1 slope shall be provided on the north side of the storage area. 3. The landscape plan shall be submitted and be approved by the City staff. Also, a $2,000 landscape bond shall be submitted and not released until one year after the landscaping has been completed to the City's satisfaction. 4. All parking and storage shall be retained on the lot. There shall be absolutely no on-street parking. All voted yes. D 80-98 OVERHILL FARM ADDITION REZONING AND PRELIMINARY PLAT AND PROJECT #326 Mr. Dave Dehler and other Dehler family members appeared regarding the appli- cation of Overhill Properties, Inc., to rezone from Agricultural to R-1, Residential Single, and R-2, Residential Double and preliminary plat approval of Overhill Farm Addition on Dodd and Cliff Roads. The APC recommended approval of the application on October 20 subject to a number of conditions. The Council has reviewed the appli- cation at its November 18 meeting. There was discussion concerning the need for a feasibility study for the storm sewer outlet which had not been prepared. There was a recommendation also for a second access road at the northwest corner and to review the R-2 lots proposed along Dodd Road. Smith moved, Wachter seconded a motion to continue the application until the first regular Council meeting in February of 1981, further, that the City Engineer prepare a feasibility report for the storm sewer improvements in the general area including Hay Lake under Project #326, that the Developer do additional study and submit proposals of any proposed revisions to the preliminary plat, and that the preliminary report for the storm sewer study be accepted by the City Council on January 20, 1981. All members voted in favor. Council Minutes December 2, 1980 Page Four Smith moved, Wachter seconded the motion to schedule a public hearing on the feasibility report for the storm sewer improvements under Project #326 for February 3, 1981, at 7:00 p.m. at the City Hall. All voted yes. CARSON PIRIE SCOTT AND COMPANY TAX EXEMPT FINANCING City Administrator Tom Hedges explained that the proposed final resolution for industrial revenue financing for Carson Pirie Scott and Company in the sum of $2,500,000 was requested to be deferred to the December 16 meeting by the applicant. The Council discussed concerns about the financial standing of the Laidlaw Corporation which would be the successor of Carson Pirie Scott in the project and there was also discussion concerning the proposed short term tax exempt financing for the applicant. There were questions as to whether the interim financing could be permitted to extend beyond the two years under Minnesota law. Egan moved, Wachter seconded a motion to continue the matter until December 16 as requested but that the staff make certain that all questions are answered to the staff's satisfaction prior to that time. All voted in favor. BLACKHAWK WOODS FINAL PLAT Mr. Wallace Hafstad appeared on behalf of the applicant and requested approval of the final plat of Blackhawk Woods. Parranto moved, Egan seconded the motion, all voted in favor to approve the final plat including the Development Agreement subject, however, to meeting all City requirements. All voted in favor. R 80-98 D 80-99 LEIBEL ADDITION FINAL PLAT The final plat for Leibel Addition was submitted and recommended for approval together with the Development Agreement. Wachter moved, Egan seconded the motion to approve the application for final plat approval and Development Agreement, subject however, to the acceptance by the applicants of the reassessment of the property to commercially zoned property from residential according to City Assessment Policy and compliance with all City requirements. All voted in favor. R 80-99 D 80-101 ST. FRANCIS WOODS 2nd ADDITION FINAL PLAT The final plat and Development Agreement for St. Francis Woods 2nd Addition was submitted and recommended for approval. Smith moved, Wachter seconded the motion to approve subject to all City requirements. All voted in favor. R 80-100 D 80-102 LEE BARBEQUE CONDITIONAL USE PERMIT, ON-SALE BEER AND WINE LICENSES The application of Mr. Fred Lee for conditional use permit for restaurant to' serve on-sale wine and 3.2 beer and further for on-sale 3.2 beer license and wine license were next considered. Mr. Lee was present and indicated that there would be no bar,with table service only. The Planning Commission recommended approval of the conditional use permits. Smith moved, Egan seconded the motion to approve the conditional use permits subject to City requirements. All voted yes. D 80-103 Council Minutes December 2, 1980 nf a--P, Page Five Parranto then moved, Smith seconded the motion to approve the on-sale wine and 3.2 beer license applications for 1980 and 1981 subject to compliance with all City requirements. All voted in favor. MICHAEL C. NELSON APPLICATION FOR WAIVER OF PLAT Mr. Michael C. Nelson appeared on behalf of his application for waiver of plat in order to subdivide an unplatted parcel for single family lot purposes at 3960 Black- hawk Road. A portion of his parent's property will be subdivided and a home built with 235 financing would be constructed on the subdivided lot. After reviewing the APC recommendation for approval, Parranto moved, Egan seconded the motion to approve the application subject to the following conditions on the basis of hardship: 1. In the event that there is another split of the same overall parcel that the entire property should then be platted including the subject parcel. 2. Dedication of 40-foot half right-of-way on Blackhawk Road from the parent's parcel. 3. No variances should be granted for the newly created lot. 4. Drainage and utility easements should be required along all lot lines. according to staff requirements. 5. Park dedication shall be required for the newly created lots. All voted in favor. R 80-101 JOHN KLEIN COMPLAINT CONCERNING PROPERTY AT 2850 PILOT KNOB ROAD Mr. John Klein appeared on behalf of his request regarding an alleged ordinance violation for the outside storage of trucks and equipment on residentially zoned property owned by Mr. and Mrs. Roger Olson at 2850 Pilot Knob Road. Mr. Klein appeared before the Council on at least one previous occasion on May 15, 1979 and no action was taken by the Council at that time. He stated that on three previous occasions he had complained to the City. City Councilmembers explained that there are possible violations of Eagan ordinances in many locations throughout the City but that unless neighboring property owners strongly object to nuisances or conditions on the property, that the City Council will not implement procedures to enforce complaints. It was noted that there were no objections from surrounding property owners or residents. Councilmembers further stated that the Council is not able to cite all potential violations and did not feel obligated to proceed on the complaint. No action was taken on the request. MWCC SEWER SERVICE AREA ADVISORY BOARD The Council discussed an appointment to the MWCC Advisory Board and upon motion by Smith, seconded Parranto, it was RESOLVED to appoint Mayor Blomquist to the Advisory Board. All voted yes. Council Minutes December 2, 1980J Page Sfx COMMUNITY ACTION COUNCIL YOUTH DEVELOPMENT PROGRAM A representative of CAC requested the City contribute $935 to the Youth Develop- ment Program for 1981. It was noted that the City had contributed to this program in the past. Smith moved, Egan seconded the motion to authorize payment from the General Fund, although not budgeted. Smith, Egan and Blomquist voted yes. Parranto and Wachter voted no. F.H. BATHKE BUILDING, 1240 TRAPP ROAD SETBACK REQUIREMENT A building permit had been granted for an addition to the F.H. Bathke Building at 1240 Trapp Road, Lots 31 and 32, Block 2, Eagandale Industrial Center Park, but it was noted that only 20 foot side yard setbacks were installed requiring a 6-foot variance. The Building Inspector submitted a memorandum dated November 25, 1980, explaining the options. There was concern about objections from neighboring property owners. Smith moved, Parranto seconded the motion to authorize the 6-foot variance subject however to notification of all property owners within 200 feet and in the event there are any objections from the property owners that a public hearing then be scheduled regarding the variance. All voted yea. TOWN HALL AND CITY BUILDING REROOFING Quotations from three contracting companies to reroof the old Town Hall and the farm home next to the Police Building were next reviewed by the Council. The low bid would not guarantee the work and the second low bid was from Bruestle Construction Company in the sum of $3,080. It was recommended that the second low quote from Bruestle Construction Company be awarded. Wachter moved, Smith seconded the motion to approve the recommendation for Bruestle Construction Company. All voted in favor except Blomquist who abstained because of her acquaintence with the applicant. FEDERAL REVENUE SHARING FUNDS Egan moved, Parranto seconded the motion to set a public hearing for December 16, 1980, for Federal Revenue Sharing Funds. All voted in favor. OVERVIEW ESTATES REPLAT Mr. Hedges stated that James Sewald, the developer of the southerly five acres of Overview Estates Replat, has requested that the property owners on that portion be permitted to acquire building permits due to the fact that the plat has now been recorded and that he has posted his development bond escrow for that portion of the plat although the balance of the plat escrow has not been posted with the City. Noting the hardship and after discussing the assessment appeals by Mr. Sewald covering those lots, Parranto moved, Egan seconded the motion to authorize the building inspector to issue building permits on the Sewald portion of the Overview Estates Replat subject, however, to dismissal of all assessment appeals and compliance with all applicable ordinances regarding those lots. All voted yes. Council Minutes December 2, 1980 (1 31 02 Page Seven E. L. MURPHY TRUCKING COMPANY TAX EXEMPT MORTGAGE FINANCING Mr. Hedges stated that because certain information is not available, that it is recommended that the public hearing for E. L. Murphy Trucking Company tax exempt mortgage financing be rescheduled from December 16, 1980 to January 6, 1981 at 7:00 p.m. Smith moved, Parranto seconded the motion, to accept the recommendation and reschedule the public hearing. All voted yes. THOMAS LAKE TRUNK STORM SEWER APPEAL City Attorney Paul Hauge submitted a letter updating the Council regarding the assessment appeal covering Thomas Lake Trunk storm sewer Project #257. He asked direction from the Council as to a motion regarding the proposed dismissal of certain parcels of property from the appeal. Smith moved, Wachter seconded the motion to accept the request and to authorize the City Attorney to proceed on a motion for dismissal on certain parcels pursuant to state law. All voted yes. METROPOLITAN WASTE CONTROL COMMISSION LEASE The MCC has requested-the renewal of the Joint Use Rental Agreement with the City for an 8-inch sewer line extending from Seneca plant to the old Cedar Grove sludge pond. The Public Works Director recommended approval. Smith moved, Egan seconded the motion to approve the recommendation. All voted in favor. A 80-20 DAKOTA COUNTY ROADS Councilmembers discussed the complaints that they had received during the last storm on November 29 and complaints regarding various icy county roads within the City. It was noted that the City maintenance crew sanded some county roads in order to accomodate the vehicles within the City. The staff was requested to contact the County Engineer's office to explain the very serious problems that had arisen and request that proper maintenance be made on the county roads within the City during emergencies. LONE OAK STOP SIGNS After discussion, Wachter moved, Egan seconded a motion to request the County Board to remove the stop sign on Lone Oak Road at Pilot Knob School and leave only the pedestrian activiated yellow blinking semaphore noting the confusion of the sema- phore and the stop sign. All voted yes. CARLSON LAKE LANE The City Administrator and Public Works Director discussed the problem con- cerning the breakup of a portion of Carlson Lake Lane due to poor construction by the developer of that subdivision. Mr. Colbert stated that he had contacted Arnold Carlson by letter concerning that problem and had no response. Wachter moved, Egan seconded the motion to instruct the City Attorney to write Mr. Carlson requesting that immediate attention be given to the correction of the defective street problem. All voted yes. Council Minutes December 2, 1980 '11; 3 Page Eight VOGELPOHL RESTAURANT YANKEE SQUARE Mr. Colbert stated that he had a meeting with Mr. Vogelpohl and his attorney concerning the Vogelpohl restaurant at Yankee Square Center and Mr. Vogelpohl requested that the concrete islands and landscape trees be removed from the interior of the parking lot. After discussion, Smith moved and Parranto seconded the motion to authorize the removal of the two northerly concrete islands but the remainder of the concrete islands be retained in the parking lot as originally approved and further that the landscaping on the two islands be relocated to the boulevard. All voted yes. VOUCHERS Parranto moved, Egan seconded the motion to approve the following vouchers: 1258; 11393-11501; 17185-17264. ADJOURNMENT Parranto moved, Wachter seconded the motion, all voted in favor to adjourn at 10:15 p.m. PHH ALYCE BO E, CITY CLERK