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09/01/1981 - City Council Regular : '~x 39 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 1, 1981 A regular meeting of the Eagan City Council was held on Tuesday, September 1, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Smith, Parranto, Egan and Wachter. Also present were City Engineer Rosene, Public Works Director Colbert, City Administrator Hedges and City Attorney Hauge. AGENDA Egan moved, Smith seconded the motion to approve the agenda as presented. All voted yes. MINUTES Upon motion by Smith, seconded Egan, it was Resolved that the minutes of the regular meeting of August 18, 1981 be approved with the exception on page 1 that the park dedication fee revision cover the new rates effective January 1, 1982, would include single family at $1400 per unit, duplexes at $332 per unit, apartments at $252 per unit as total dedication fee rates; on page 8, Egan and Blomquist voted against the motion concerning Oster Addition only for the reason that residential homes would back on Skyline Drive and further on page 10 that the location of the Dunrovin Lane stop sign was changed because of the length of Dunrovin Lane in that location. All voted yes. CITY SOFTBALL TOURNAMENT Mayor Blomquist thanked Pete Renneberg from the Volunteer Fire Department for organizing the City softball tournament on August 29 involving eight softball teams playing at Univac fields and commended the Park and Recreation Department for winning the tournament. DUNROVIN-LANE STOP SIGN Cindy Spoerner and her husband appeared and objected to the location of the stop sign designated by the City Council at its last regular meeting on Dunrovin Lane. Mrs. Spoerner stated that neighbors were concerned about children playing near Carlson Lake and recommended that it be replaced to the Dunrovin Lane and East Balsam Road South location. She also recommended that a street light be placed at Malmo Place and Diffley Road. Councilmembers explained the reasons for the problem of approaching Dunrovin to the north in the winter and the difficulty of stopping at the bottom of the hill also in the winter. After discussion, Blomquist moved, Egan seconded a motion to relocate the stop sign to Dunrovin Lane and East Balsam Road South due to the fact that the Council did not strongly consider the safety issues and were primarily concerned about speeding at the last Council meeting; further, that the stop signs be located at the revised location for a six-month trial period. Those in favor were Blomquist, Egan, and Smith. Parranto abstained and Wachter voted no stating that he felt that further study by the City Engineer should take place. 1 Council Minutes September 1, 1981 CONSENT AGENDA The following consent items were presented and recommended for approval. 1. September Conditional Use Permit Renewals. The following conditional use permit renewals were submitted and recommended for approval by the staff: Jeanette Flogstad to operate a Christian Day Nursery School at Mt. Calvary Lutheran Church; E. L. Murphy Trucking at 3303 Terminal Drive to allow a temporary permit for trailer for office use; Michael M. Neisius to operate storage and repair for up to 10 motorized vehicles at 4855 South Robert Trail; Walter Wosje, 3945 Pilot Knob Road to raise 10 head of cattle on three acres instead of five acres; Carl Case at 540 County Road 30 to operate a repair shop in his garage. D 81-46 2. Temporary 3.2 Beer and Gambling License St. John Neumann Church. It was recommended that the application of St. John Neumann Church for a temporary non-intoxicating malt liquor license and combination gambling license for September 12 and 13, 1981, at the Fun Fair, be approved. 3. Project #347 Shields Sanitary Sewer. It was recommended that the feasibility report submitted by the City Engineer be accepted and that the public hearing be scheduled for October 6, 1981 at 7:00 p.m. at the City Hall. 4. Improvement #81-8, Change Order No. 1 Cedar Cliff 2nd Addition. Change Order No. 1 to Improvement #81-8 for a deduct of $10,906.50 covering bituminous trail construction on the east side of Nicols Road-was recommended f or approval. Wachter moved, Parranto seconded the motion, all voted in favor to approve the foregoing consent items and authorize their execution. C.A. ROBERTS COMPANY INDUTRIAL REVENUE FINANCING The Mayor convened the public hearing regarding the application of C. A. Roberts Company for industrial revenue financing for $1,600,000 to purchase and expand property by the C. A. Roberts Company located at 1034 Gemini Road. C. A. Roberts is a subsidiary of Fluor Corporation and Larry Rasmussen, local general manager, and Derick Brown of Smith, Barney, Harrison and Upham, were present to answer questions. They stated that the equipment will have a useful life in excess of the mortgage. There were questions concerning why such a large corporation as Fluor would require tax exempt financing and the answer was given that C. A. Roberts must be profitable independently. Fluor will guarantee the mortgage according to the representatives present. Smith moved, Blomquist seconded to close the hearing, to approve the application for financing with the condition that the staff review the nature of the equipment to make sure that the expected useful life is as long as the mortgage and further conditioned upon the guarantee of the industrial revenue financing by Fluor Corporation and compliance with all applicable ordinances and statutes. Those in favor were Parranto, Blomquist and Smith. Those against were Egan and Wachter. SEE BOND FILE 2 0 11 (:.O1. Council Minutes September 1, 1981 ROBERT HAYWOOD RESIGNATION Robert Haywood submitted a written resignation as a member of the Advisory Planning Commission for business reasons. Wachter moved, Smith seconded the motion to accept the resignation and authorize the administrator to advertise for a replacement and thank Mr. Haywood for his service on the Commission. All voted yes. 1980 CENSUS City Administrator Hedges stated that the final census for the City of Eagan was 20,695 for 1980 with 7,200 housing units. ASSESSMENT HEARINGS Mayor Bea Blomquist convened the assessment hearings regarding improve- ment projects in the City and they were explained in detail by Public Works Director Tom Colbert as follows: 1. Project #254B, Safari Estates. Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and to certify it to the County Auditor. All voted yes. 2. Project #270, Heine Lake Storm Sewer Bypass. Keith Olson appeared and reviewed the history of the project. His objection was to the homeowners paying 50% share of the assessments and Councilmembers explained the reasons. Councilmember Smith stated that the Heine Lake Addition owners are being subsidized by the City and they agreed upon and requested the bypass prior to the commencement of construction. The assessment amounted to about $.0125 per square foot on the average 12,000 square foot lot. Wachter moved, Parranto seconded the motion to approve the assessment roll, to close the hearing, and to authorize its certification to the Dakota County Auditor noting that 1979 assessment rates were being used. All voted yes. 3. Project #273, East Deerwood Drive. A letter objecting to the inter- est rate of 11% rather than 8% from Alyce Bolke was received stating that she felt the lower interest rate should be used due to the fact that construction was delayed because of MSA street determination. Wachter moved, Egan seconded the motion to close the hearing, to approve the roll and to certify it to the County Auditor's office. All voted yes. 4. Project #277, Deerwood Drive east of Blackhawk Road. Mr. Steve McMurney appeared and had questions concerning the installation of sidewalk which is not being assessed and also questioned whether the property owners on the south side of Deerwood were being reassessed for street improvements originally having been assessed in 1973. Parranto moved, Wachter seconded the motion to continue the hearing until the next regular meeting. All voted yes. 3 Council Minutes September 1, 1981 5. Project 4284, Windtree lst Addition. There were no objections. Egan moved, Parranto seconded the motion to close the hearing, to approve the roll and certify it to the County Auditor. All members voted in favor. 6. Project 4287, Eden Addition. There were no objections. Wachter moved, Egan seconded the motion to close the hearing, approve the roll as presented and certify it to the County Auditor. All vote yea. 7. Project #289, Eagan Metro Center 2nd Addition. There were no objec- tions. Parranto moved, Smith seconded the motion to close the hearing, to approve the assessment roll as prepared and certify it to the Dakota County Auditor. All voted in favor. 8. Project #292, Highview Avenue Street Improvements. No objections were made. Parranto moved, Wachter seconded the motion to close the public hearing, to approve the assessment roll and authorize its certification to the County Auditor. All voted in favor. 9. Project #293, Windcrest lst Addition. There were no objections presented. Egan moved, Parranto seconded the motion to close the hearing, to approve the assessment roll and to direct the Clerk to certify it to the County Auditor. All voted yea. 10. Project 4294, Briar Hill 1st, 2nd, and 3rd Additions. No objections were presented. Smith moved, Egan seconded the motion to close the hearing, to approve the roll, and to authorize certification to the County Auditor. All voted yes. 11. Project #295, Cedar Cliff 3rd Addition. There were no objections presented to the Council. Wachter moved, Egan seconded the motion to close the hearing, to approve the assessment roll as submitted and to certify the roll to the County Auditor. All voted yes. 12. Project #300, James Refrigeration Shopping Center. There were no objections. Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll as prepared by the Assessment Clerk and to author- ize it to be certified to the County Auditor. All voted yea. 13. Project #301,Ches Mar East 2nd and 3rd Addition. There were no objections. Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and to authorize it to be certified to the Dakota County Auditor. All voted yes. 14. Project 4303, Brittany 2nd and 3rd Additions. There were no objec- tions. Upon motion of Parranto, seconded Wachter, all voting in favor, it was Resolved that the hearing be closed, the assessment roll be approved and directed the assessment roll to be certified by the County Auditor. All voted in favor. It Council Minutes September 1, 1981 DAY CARE CENTER CONDITIONAL USE PERMITS City Administrator Hedges reviewed the current status of conditional use permit requirements under the Eagan City Ordinance for day care centers in the City and also presented several alternates available for the Council in the event that it desires to amend the zoning ordinance regarding day care centers. A number of day care providers were present and had questions and made comments regarding the day care center ordinance provisions. It was suggested by those persons present that the City not require a permit because both the Minnesota Department of Public Welfare and the Dakota County Social Services Department have regulations to control the operation of the day care homes. After considerable discussion, Smith moved, Wachter seconded the motion to adopt alternate #3 which would require a conditional use permit application and proceedings for 11 or more children; and in the event that the day care home would have seven through ten children, considered a group facil- ity, a petition would be signed by adjoining neighbors with a permit fee of $25 to the City with the form of the petition to be approved by the City Council. It was noted that this would avoid the expense of a large filing fee expense and the expense of an abstractor's list and legal published notice. All members voted in favor. CABLE TELEVISION CONSULTANTS The City Administrator reviewed with the Council the action of the Cable TV Committee at its meeting on August 24, 1981, when it interviewed two law firms for the purpose of selecting a legal consultant and three consulting firms for the purpose of selecting a technical consultant. The Committee recommended that Thomas Creighton of the firm of Dunkley and Bennett of Minneapolis be hired as the legal consultant and Management Research Consultants, Inc., from St. Louis, Missouri, including Mr. Richard Anthony, its Program Director, as the technical consultant. Mr. Anthony and Peggy Baker of Management and Research Consultants were present and answered ques- tions concerning MARC's computerized financial planning model. There were also questions concerning Mr. Creighton's involvement with the Dorsey law firm which may present a conflict if that firm represents Cable TV companies and it was suggested that the contractual arrangement with Mr. Creighton provide a restriction that he is not to use other outside legal counsel without consent of the City. Wachter moved, Smith seconded a motion to approve Thomas Creighton as the legal consultant under terms to be provided in the agreement, terminable by the City Council at any time. All voted in favor. Smith then moved, Egan seconded a motion to hire Management and Research Consultants, Inc., of St. Louis, Missouri, as the cable TV technical consultants for the City of Eagan based upon the recommendation of the Cable TV Advisory Committee with the understanding that the agreement is terminable at the will of the Council. All voted yes. WILDERNESS RUN ROAD IMPROVEMENT PROJECT #3415 Public Works Director Colbert discussed the addendum to the report for Project #345 prepared by the Consulting Engineers including the costs. There were concerns about future widening including sidewalk with a report covering part 1 and part 2 alternates for temporary residential equivalent street 5 O R:()' Council Minutes September 1, 1981 construction based on a residential equivalent assessment at the present time. It was noticed that it would allow staged construction. Smith moved, Wachter seconded the motion to close the hearing, to order in part 1 of the project running to the extension easterly to Dodd Road in the estimated cost of $315,510 with the understanding that an agreement will be reached with the developers along Lexington Avenue for assessments according to the proposal. Rod Hardy was present on behalf of Lexington South and agreed with the pro- posal. It was noted that an agreement will be entered into with Lexington South, Inc., covering assessments relating to future owners of property adja- cent to Wilderness Run Road also. All voted in favor. ANNIE MCLAUGHLIN DAYCARE APPLICATION The application of Annie McLaughlin for conditional use permit for day- care center at 3710 Blackhawk Road was next considered. The Planning Commission recommended approval subject to certain conditions. After discus- sion Smith moved, Parranto seconded the motion to authorize up to ten children under the new ordinance provisions subject to county and state compliance. All voted yes. JOE MILLER CONSTRUCTION COMPANY WAIVER OF PLAT The application of Joseph M. Miller Construction Company for waiver of plat in order to shift the center line of Lot 6, Block 1, Ches Mar East 3rd Addition, was then considered by the Council. Mr. Miller was present and there were no objections. The Planning Commission recommended approval. Wachter moved, Parranto seconded the motion to approve the application subject to the following conditions: 1. That the berm between the 2nd and 3rd Additions be restored to the maximum extent possible. 2. That all applicable ordinance requirements be met. All members voted in favor. R 81-57 ORDINANCE NO. 42 SUNDAY OPENING HOURS Representatives of the Lost Spur Country Club were present which re- quested that the Council consider revision of Sunday opening hours for liquor licenses under Ordinance No. 42 and the on-sale wine licenses under Ordinance 64 to authorize opening at 10:00 a.m. on Sundays. A letter from the Northern Dakota County Chamber of Commerce supporting the proposal was read by City Administrator Hedges. Jim Sweitzer, chairman of the Management Committee of the Lost Spur,was present as was Huckey Byer, the manager, and requested the revision. Parranto moved, Egan seconded the motion to authorize an amendment to Ordinance No. 42 and to Ordinance No. 64 to provide for Sunday opening hours at 10:00 a.m. All voted yes. 6 Council Minutes September 1, 1981 BICENTENNIAL 7TH ADDITION FINAL PLAT A representative of Federal Land Company was present with the final plat for Bicentennial 7th Addition and requested approval. Smith moved, Egan seconded the motion to approve the final plat subject to compliance with all other ordinances and regulations. All voted yes. R 81-58 D 81-47 SUPERAMERICA PRELIMINARY PLAT AND CONDITIONAL USE PERMIT Mr. E. Lewis Schuette of Columbus, Indiana, representing SuperAmerica, was present and requested of the Council an extension of time for approval of the final plat and for the extension of the conditional use permit for the proposed SuperAmerica station at the southwest corner of Pilot Knob Road and Yankee Doodle Road. It was noted that the Council approved the applications on June 6, 1978, and the preliminary plat had been extended in 1979 but the applicant failed to renew it in 1980. Herb Trader, the owner of the Amoco station in Yankee Square, appeared as did the operator of the station and objected to extension of time. They stated that conditions have changed since the permit was granted in 1978. It was also noted that the Comprehensive Use Plan has been revised, the uses of land in the area have changed somewhat and Pilot Knob Road and Yankee Doodle Road alignments have been revised slightly. There was discussion concerning a proposal to send the application back to the Planning Commission for review. Egan moved, Wachter seconded a motion to grant the extension of time for the submission of the final plat and also continuation of the conditional use permit as granted in 1978. Those in favor were Egan, Wachter, Parranto. Those against were Smith and Blomquist. DENMARK AVENUE AND DENMARK COURT STOP SIGN A petition signed by 38 individuals representing 26 property owners in the Pilot Knob Heights 4th Addition requesting that a stop sign be installed on Denmark Avenue at both East and West Denmark Court was presented. A number of the petitioners were present. Numerous residents were present and it was noted that the location is a confusing one for placement of stop signs because of the offsetting cross streets. After discussion, Parranto moved, Smith seconded the motion to install stop signs at North Denmark Court on Denmark Avenue, to post the streets at 30 m.p.h. and further that the Police Depart- ment patrol the streets at rush hours on a periodic basis. All voted yes. IMPROVEMENT #81-5 CINNAMON RIDGE 1ST ADDITION ET AL The bids were received on Improvement #81-5 covering Projects #335A, #37A, #339A, and #346A on August 27 with the low bidder Barbarossa and Sons, Inc., in the total base bid amount of $336,692. It was recommended that the low bid be awarded and Smith moved, Egan seconded the motion, all voted in favor, to award the contract to Barbarossa and Sons, Inc. IMPROVEMENT #81-81 Bids were received for Improvement #81-10 consisting of Project #323B, #324B, and #336B, with the low bidder Pine Bend Paving Company in the amount of $136,452.90. It was recommended that the contract be awarded to Pine Bend 7 Council Minutes September 1, 1981 Paving Company. Wachter moved, Parranto seconded a motion to approve the recommendation and authorize the award of the contract to Pine Bend Paving Company. All voted in favor. ORDINANCE CODIFICATION City Administrator Hedges again discussed with the Council the proposed codification of Eagan Ordinances and the Council requested delay in the deci- sion for review at the next Budget Committee meeting. LEO MURPHY QUIT CLAIM DEED A request was received from Leo Murphy, Deerwood Drive, for a Quit Claim Deed from the City for a small access easement over his property in Section 23 which had formed an access to land now owned by the City consisting of Blackhawk Park. Blomquist moved, Smith seconded the motion to refer the request to the Advisory Park and Recreation Committee for review as to poten- tial City uses for the access location. All voted in favor. MEDITERRANEAN CRUISE CONDITDIONAL USE PERMIT FOR ON-SALE LIQUOR LICENSE Mr. Hussein Ansari appeared on behalf of the application of the Mediterranean Cruise for conditional use permit for on-sale liquor at the Mediterranean Cruise on Cedarvale Boulevard. Mr. Ansari stated that the signs on the restaurant will conform with the ordinance. Parranto moved, Egan seconded the motion to approve the conditional use permit on the basis of the recommendation of the Advisory Planning Commission and subject to compliance with all necessary ordinances. All voted yes. OLIVER OPPEN SETBACK VARIANCE The application of Oliver Oppen for variance from setback requirements on Lot 6, Block 3, Cedar Grove No. 4 at )437)4 Sandstone Drive was next considered. Mr. Oppen was present and the Planning Commission recommended approval. Wachter moved, Egan seconded a motion to approve the application for variance from setback requirements subject to the following conditions: 1. That the City retain all existing drainage and utility easements. 2. That all City ordinance requirements be met. All members voted in favor. JAMES HORNE PILOT KNOB ROAD Mr. James Horne was present and stated that he intends to submit a request for payment for damages, attorney's fees, and appraisal fees for the condemnation action brought by the City of Eagan for the acquisition of storm sewer easements on his land approximately two years ago. The Councilmembers suggested to Mr. Horne that he submit the request to the City. 8 ~r R rin g Council Minutes September 1, 1981 1970 FORD PICKUP Several bids were submitted for the purchase of a 1970 Ford surplus pickup truck and Wachter moved, Parranto seconded the motion to sell the truck to Roger Lee, the high bidder, in the sum of $350. All voted yes. DAKOTA COUNTY CONTRACT 3105 PILOT KNOB ROAD UPGRADING A supplemental agreement no. 2 was received from Dakota County covering five parts for an additional amount of $49,419.61. Egan moved, Wachter seconded the motion to approve the amendment to the contract. All voted yes. SPECIAL ASSESSMENT COMMITTEE MEETING Wachter moved, Egan seconded the motion to schedule a Special Assessment Committee meeting for September 8, 1981, at the City Hall at 4:30 p.m. All voted in favor except Blomquist who voted no. VOUCHERS Blomquist moved, Wachter seconded the motion, all members voted in favor to approve the following vouchers: the check list dated September 1, 1981. ADJOURNMENT Wachter moved, Egan seconded a motion to adjourn at 11:40 p.m. All voted yes. PHH City \Clerk 9