11/17/1981 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
NOVEMBER 17, 1981
A regular meeting of the Eagan City Council was held on Tuesday, November
17, 1981 at 6:30 p.m. at the Eagan City Hall. All members were present. Also
present were City Administrator Hedges, Public Works Director Colbert and City
Attorney Hauge.
AGENDA
Egan moved, Wachter seconded the motion to approve the Agenda with the
understanding that the Council will discuss the continuance of Lone Oak
Preliminary Plat application and the application for annual review approval of
Delaware Hills PUD until the December 1, 1981 meeting. All voted in favor.
MINUTES
Wachter moved, Egan seconded the motion to approve the Minutes of
November 4, 1981 meeting with the exception on page 5 under Sullivan's Super
Market for Revenue Financing that the Council indicated that it may not ful-
fill the tax increment criteria; further, on page 8 under Special Use Permit -
I-494, No. 4 should read as follows: The temporary blacktop facility shall be
used for other resurfacing of I-494 only and not as an alternate commercial
site unless previously approved by the City. All voted yes.
$2,875,000.00 G. 0. BOND ISSUE
Mr. Ernie Clark of Miller & Schroeder Municipals appeared concerning the
proposed $2,875,000.00 General Obligation Bond Issue proposed for sale on
December 16, 1981. There was discussion concerning whether the bond issue
ought to be on a temporary basis or standard general oblgiation bonds and it
was recommended that in light of current interest rates and uncertainty of
future interest rates, that long term general obligation bonds be issued.
After discussion, Smith moved, seconded Egan, it was resolved that the Council
proceed to authorize Miller & Schroeder to proceed with the bond sale for
December 16, 1981 at 12:00 a.m. opening at the City Hall with the award of the
bond issue at 7:00 p.m. on December 16, 1981 at a Special Council Meeting.
All voted yes. SEE BOND FILE
EQUIPMENT CERTIFICATE SALE
The Director of Finance with the cooperation of Miller & Schroeder Muni-
cipals has solicited bids for the sale of $200,000.00 equipment certificates.
Two bids were received including Marquette National Bank at 10.60% and First
National Bank of St. Paul at 10.38% to be spread over 5 years covering several
pieces of equipment purchased during 1981. Upon recommendation of the staff,
and upon motion by Wachter, seconded Egan, it was resolved that the low bid of
First National Bank of St. Paul at the rate of 10.38% be approved and the
certificates be issued through First National Bank of St. Paul. All voted
yea.
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November 17, 1981
PARK DEPARTMENT
Ken Vraa, the Park Director was present.
1. Vienna Woods Addition. Mr. Vraa reviewed the proposed acquisition
of park land in the Vienna Woods area consisting of 2 1/2 acres that was
provided for in the Mission Hills South PUD for eventual dedication to the
City at the City's option. The Advisory Park and Recreation Committee has
recommended that the staff negotiate with the owners for the acquisition of
the 2 1/2 acres in a location designated by the Park Committee and also
recommended the City Council request of MnDOT the use of other adjoining
property acquired by MnDOT for 35-E expansion to be used in conjunction with
the proposed park in the area. This would provide for some active park space.
Smith moved, Wachter seconded the motion to approve the recommendation of the
Advisory Park and Recreation Committee to acquire 2 1/2 park dedication from
Mission Hills South owners and authorize the staff to negotiate park bounda-
ries; further, that the staff proceed with the request to MnDOT for the
acquisition of the adjacent parcel for park purposes; further, provided how-
ever, that if the land is currently zoned commercial to be acquired from the
Mission Hills South owners, that the site be re-examined by the City Council.
All voted in favor.
2. Advisory Park and Recreation Committee Job Description. A proposed
Committee members' code and job description and qualification guideline was
submitted to the City Council by the Park Director and recommended for appro-
val. Egan moved, Smith seconded the motion to approve the job description
qualification as general guidelines for Advisory Park and Recreation Committee
members. All voted yes. D 81-52
3. Master Parks Plan Study Time Line. A review of the proposed time
line for the Master Parks Guide Plan Study submitted by Ken Vraa and dated
November 2, 1981 was discussed by the Council members. Wachter moved, Egan
seconded the motion to approve the proposed time line with the understanding
that it is intended to be flexible and not a strict guideline. All voted in
favor.
LANCE LUNDSTEN - CEDAR STREET IMPROVEMENTS
Public Works Director Colbert requested the Council reconsider the re-
quest of Lance Lundsten and the action by the Council at its November 4, 1981
meeting to offer snow plowing maintenance to Cedar Street. He indicated that
Cedar Street, although dedicated, is not improved and has only a cartway of 9
to 10 feet in width with a very steep embankment on the South side, and a
winding alignment. Mr. Colbert recommended that the Council reverse its
action due to its present condition and that no maintenance be offered which
is similar to the policy on other comparable streets, until Cedar Street is
upgraded to City standards. Smith moved, Wachter seconded the motion to
reconsider the prior motion that was adopted on November 4, 1981. All voted
in favor. Egan then moved, Wachter seconded the motion to deny the request of
Mr. Lundsten for maintenance until such time as the street is upgraded to City
standards. All voted in favor.
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November 17, 1981
CONSENT AGENDA
The staff recommended the Council take the following action:
1. Diffley Road Resigning Agreement. The staff recommended the City
approve MnDOT Cost Participation Agreement #60650 concerning the resigning for
Diffley Road with the City share of $1,863.00.
2. I-494 Temporary Asphalt Plant - Special Use Permit. A request of
Hardrives, Inc. was considered by the Council on November 4, 1981 for special
use permit to allow temporary construction and operation of asphalt plant for
bituminous paving of I-494 located in the Eagandale Center Industrial Park.
The Council had placed a time restriction from 7:00 a.m. to 7:00 p.m. and the
contractor requested that the hours be revised from 6:00 a.m. to 10:00 p.m. in
that the location of the proposed plant is in the middle of an industrial park
with no nearby residential owners. It was recommended that the special use
permit be amended to provide for hours from 6:00 a.m. to 10:00 p.m.
Egan moved, Wachter seconded the motion to approve and implement the two
foregoing Consent Agenda items. All voted in favor.
LIQUOR, WINE & BEER LICENSE RENEWALS
Nine (9) On-Sale liquor licenses, one (1) Club liquor license, four (4)
Wine licenses, four (4) Off-Sale liquor licenses, twelve (12) On-Sale beer
licenses and ten (10) Off-Sale 3.2 beer licenses applications were submitted
for annual renewal consideration. A copy of the list of locations is attached
to these Minutes and made a part of these minutes. The City Council discussed
the application of Norman Vogelpohl for on-sale liquor license at 3434 Wash-
ington Drive in the Yankee Square Shopping Center area. It was noted that the
building has been for sale for some period of time, the building is not
complete, there has been no effort to open the restaurant, there is an appli-
cation for set back variance for lack of compliance with City ordinances in
the construction of the parking area, and that other violations of ordinances
during the course of construction were committed by Mr. Vogelpohl in the
construction of the restaurant and parking area which were changed only upon
pressure by the staff and City Council. Mr. Vogelpohl was not present at the
meeting. Smith moved, Wachter seconded the motion that the renewal of the on-
sale liquor license issued to Norman Vogelpohl for 3434 Washington Drive not
be continued for the reasons that were cited above. All voted in favor.
Smith moved, Egan seconded the motion, after discussion and review of the
remainder of the licenses, to renew all of the other licenses for liquor,
beer and wine according to the schedule submittd to the City Council and
attached to these Minutes. All voted in favor except Parranto who abstained.
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November 17, 1981
RIDGECLIFF INTH ADDITION - UTILITY EASEMENT VACATION
A public hearing was convened by Mayor Bea Blomquist concerning the
vacation of a portion of some of the utility easements in Ridgecliff 4th
Addition. It was noted that there had been a one foot encroachment in exist-
ing utility easement lines for certain quadrominium units and it was recom-
mended by the staff that the Council approve the vacation as requested by the
developer of the Ridgecliff Addition. There were no objections to the pro-
posed vacation. Wachter moved, Parranto seconded the motion to approve the
request for vacation of the easements with the understanding, however, that
the revised easements for utility purposes be executed and submitted to the
Council and approved by the City Staff. All voted yes.
R 81-72
CEDARVALE THEATRE - I.R. FINANCING
The next public hearing convened by the Mayor concerned the application
of John W. Fitzgerald and Michael C. Gresser for Industrial Revenue Financing
in the amount of $650,000.00 for the purchase and rehabilitation of the Cedar-
vale Theatre building adjacent to Beau D' Rue Drive and Cedarvale Drive. Mr.
Fitzgerald was present and indicated a general partnership is being set up to
purchase and rehabilitate the property and convert it for office purposes.
There were no objections to the request for financing. Smith moved, Egan
seconded the motion to continue the application until later in the meeting to
acquire additional information concerning the financial background of the
applicant. All voted in favor. SEE BOND FILE
LONE OAK HEIGHTS ADDITION - PRELIMINARY PLAT
The council again reconsidered the application for preliminary plat
approval for Lone Oak Heights addition and variance to exceed the lot and
coverage regarding the property owned by Martin Shields at the Southwest
corner of Lone Oak Road and Pilot Knob Road. Several neighboring residents
were present as was Mr. Aune, the applicant. City Administrator Hedges ex-
plained that the Council had directed the Staff to authorize an appraisal to
be prepared covering the proposed potential down-zoning of the property and
that the appraiser had not had sufficient time to submit the information to
the staff. He recommended the application be continued until the December 1,
1981 meeting. Fran Winkel, the President of the Timberline Association asked
that the consideration be continued until December 15, 1981. There did not
appear to be any reason for denying the request for continuance to December
15, 1981 and Wachter moved, Egan seconded the motion to continue the applica-
tion until December 15, 1981 regular meeting. All voted yes.
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November 17, 1981
SOUTH DELAWARE HILLS - PLANNED DEVELOPMENT
The application for annual review for South Delaware Hills Planned
Development was then brought before the Council. It was noted that the
Planned Development Agreement had not been executed by First National Bank of
St. Paul, the fee owner of the property and it was recommended by the staff
and the City Administrator and City Attorney that the application be continued
until the December 1, 1981 meeting. It was noted that the attorney for the
bank was present as was Richard Parranto, the developer. There was an objec-
tion from a neighboring property owner concerning the continuance. Chuck
Hayner, the attorney for First National Bank requested additional time and
Smith moved, Egan seconded the motion to grant the applicant until the Decem-
ber 1 meeting to allow sufficient time to submit an executed Planned Develop-
ment Agreement to the City Council for approval. All voted yea.
VOGELPOHL VARIANCE REQUEST
The application of Norman Vogelpohl for variance from parking set-back
requirement at his proposed restaurant at 3434 Washington Drive was next
considered. On November 4, 1981 Mr. Vogelpohl was present and requested the
variance from the required 20-foot set-back of the parking lot to public
right of way for an 8.6 foot variance. The Council had continued the matter
until November 17, 1981 to allow Mr. Vogelpohi to prepare information per-
taining to the time schedule of the parking lot construction. It was noted
that the construction of the parking lot took place over a long period of
time, approximately from April 1980 until April of 1981 and continued discus-
sions and correspondence have taken place between the City and Mr. Vogelpohl
concerning defects in the parking lot area construction. The Council also
reviewed a request for easement from the Vogelpohls in the Fall of 1980
concerning utility construction on or near their property in the Silver Bell -
Wuthering Heights area. It was noted that an Easement had been signed by Mrs.
Vogelpohl but not by Mr. Vogelpohl, but that an indication had been made to
the City Attorney's staff that construction could be commenced covering a
small portion of the Vogelpohl property. No one was present on behalf of Mr.
Vogelpohl. After further discussion by the City Council members, Smith moved,
Parranto seconded the motion to deny the request for variance noting that
there had been no mistake on behalf of the developer, but what appeared to be
an obvious violation of the ordinance in construction of the set-back, that
there had been other variations from the ordinance requirements during con-
struction of the parking lot and continuous requests by the City Staff members
to correct the defects and the general unwillingness on behalf of Mr.
Vogelpohl to comply with the requests of the staff and the ordinance require-
ments in several respects. All voted yes.
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Council Minutes
November 17, 1981
CEDAR CLIFF COMMERCIAL ADDITION - PRELIMINARY PLAT
Mr. Steven J. Flanagan appeared on behalf of the application for prelimi-
nary plat approval of Cedar Cliff Commercial Addition on Cliff Road and Nicols
Road. The Advisory Planning Commission had recommended denial of a previous
application to rezone to allow retail use within the area at its August 25,
1981 meeting and the preliminary plat was recommended for approval with cer-
tain conditions. The City Council then at its September meeting denied the
application to rezone and requested the Planning Commission again review the
plat concerning access and circulation into the commercial district. The
staff report prepared by Dale Runkle dated October 27, 1981 was reviewed in
detail with recommendations on his behalf in the event that the application is
approved. The Advisory Planning Commission, at a public hearing on October
27, 1981 referred the application to the City Council with no further recom-
mendation from the Planning Commission. Mr. Flanagan reviewed two alternates
for street improvements and access within the parcel, but stated that he
preferred the original street layout. Alternate No. 2 would require revision
to the Dakota County Restricted Access on Cliff Road west of Scott Trail.
There was discussion concerning the possibility of moving Scott Trail to the
east if traffic problems arose in the residential area, or in the alternate,
to install the relocated Scott Trail at the present time in that location
along the east boundary line. It was noted however, contours are intense in
that location. Mr. Steve Darling and other neighboring owners were present
and raised objections to the proposal including the fact that Errin Drive
would cause excessive noise to the residential lots to the north and adjacent
to Nicols Road. He also submitted other alternates but recommended that a cul
de sac plan from Nicols Road be installed easterly at Nicols Road. Joe Ryan
of St. Paul Companies, the fee owners, was present and explained the St. Paul
Companies layout of the street which preferred to T with the street across
from Nicols Road West for potential future signalizing. Objections dealt with
the present Scott Trail access to Cliff Road and the potential traffic through
the area. One councilman suggested that the Southwest corner lot in the
commercial area be rezoned to retail business as an offset to the potential
relocation of Scott Trail to the East. The neighbors, however, objected to
any revision to the zoning. Mayor Blomquist moved to continue the application
to allow the staff to review the street plans in greater detail, including the
cost of moving Scott Trail to the east boundary line of the commercial addi-
tion, the implications including cost of not aligning Errin Drive with the
access road on the West side of Nicols Road and further, the vacation of Scott
Trail within the commercial subdivision. Egan seconded the motion and all
voted in favor.
CEDARVALE THEATRE BUILDING - I.R. FINANCING
Mr. Fitzgerald again appeared regarding the application of Fitgerald &
Gresser for Industrial Revenue Financing for the Cedarvale Theatre Building to
be converted to office use. Financial information was submitted. Egan moved,
Wachter seconded the motion to close the public hearing and to authorize the
Industrial Revenue Financing in the amount of $650,000.00 for the Gresser &
Fitzgerald application and to approve the preliminary resolution. All voted
yea. SEE BOND FILE
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November 17, 1981
ROBINS ADDITION - PRELIMINARY PLAT
The application of RES Investment and 494 Investment Co. for preliminary
plat approval of Robins Addition consisting of 60 acres near the northwest
intersection of Highways #149 and #55 was next considered. The Planning Com-
mission recommended approval of the preliminary plat subject to certain condi-
tions. Mr. John Uban of Howard Dahlgren Associates, and Howard Stacker, one
of the owners were present. There was discussion concerning the change of
access on the revised Blue Gentian Road at Highway #149 noting the access
location is farther south than originally planned because of terrain and the
restricted access south of the intersection with I-494. There were no objec-
tions to the application. Parranto moved, Egan seconded the motion to approve
the preliminary plat subject to the following conditions:
1. That all tuility, drainage and street easements shall be granted as
requested by the City and MnDOT and further be subject to the comments of
MnDOT.
2. Each detailed phase of the development plan shall be reviewed by the
City of Eagan.
3. All ordinance requirements shall be met.
All voted yes. D 81-53
WINKLER/JACKSON PLANNED DEVELOPMENT AMENDMENT
Mr. Richard Winkler and Mike Gair, planner, appeared on behalf of the
application of Richard Winkler to amend the Winkler/Jackson Planned Develop-
ment to allow service station in a Limited Business district. The Advisory
Planning Commission recommended denial at its October 27, 1981 meeting. John
Nelson and Harlan McGregor of Amoco also were present. It was noted there was
a Neighborhood Business district on the west side of Slater's Road at the
intersection of Cliff Road and that a shopping center is eventually planned to
be located on that site. Mr. Gair stated that it would be more appropriate
to place the station at the east side of Slater's Road in the area zoned for
Limited Business. A 63,000 square foot shopping center in the district is
planned together with parking which would occupy the Cliff Road side of the
site. Mr. McGregor stated there could be provision allowed for expansion of
the service station including car wash and/or service bays but that no service
bays are planned at the present time. Neighboring owners in the Slater's
Acres area appeared and objected because they stated that the proposed station
would be an unpleasing addition to the proposed site and that the Council had
earlier approved the planned development over their objections. It was fur-
ther noted that the ordinance requires service bays in a gasoline station and
that the Planning Commission and Council had been deliberate in their determi-
nation that service bays should be provided. To amend the Planned Development
would create an additional commercial extension and impact from the commercial
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Council Minutes
November 17, 1981
development. It was also noted that the ordinance requires that the opening
of any service station should follow and not precede the construction and
occupancy of a minimum 10,000 square foot adjoining shopping center. Smith
moved, Wachter seconded the motion to deny the application for amendment to
the planned development as proposed for the foregoing reasons and also those
mentioned by the Advisory Planning Committee. All voted in favor except
Parranto who voted no.
JOSEPH MILLER ADVERTISING SIGNS
Application was received from Joseph Miller Construction Co. requesting
two temporary advertising signs for Ches-Mar East Twin Homes at the northwest
quadrant of Highway #3 and Cliff Road and the second temporary advertising
sign for homes in Beacon Hills and Ches-Mar East developments at the southeast
quadrant of Nicols Road and Cliff Road. There was no appearance by the
applicant. Smith moved, Egan seconded the motion to continue the considera-
tion of the application until the next regular meeting. All voted yes.
NAEGELE OUTDOOR ADVERTISING CO. - BILLBOARD SIGN APPLICATION
Naegele Outdoor Advertising Co. submitted an application for an adver-
tising billboard at 4215 Cedar Ave. between new Cedar and Nicols Road, south
of the Chicago-St. Paul Railroad right of way. The location would be on land
owned by Beure Co. - Luther Stalland. Ron Milke appeared for the applicant
and explained the proposal included a single pedestal sign which would not be
greater than 40 feet above the road bed but would be about 40 to 45 feet above
ground level. The proposal is for a 14' by 50' sign with 600 square foot sign
space on each side. The maximum area for an advertising sign is 250 square
feet and therefore the proposal exceeds the maximum signage by 350 square
feet. It was noted the only application for advertising sign exceeding 250
feet was by Naegele at Blackhawk Road and Highway #13 which was approved to
replace two prior existing advertising signs. After considerable discussion,
Smith moved, Egan seconded the motion to direct the staff to acquire addi-
tional information and review the application with consideration by the
council after staff report. All voted yes.
GALAIE AVENUE - IMPROVEMENT #81-1
Bids were scheduled to be opened for Improvement #81-1 concerning Galaxie
Avenue streets and utilities on November 9, 1981. After completion of the
cost participation agreements with MnDOT, the City was informed by MnDOT that
federal funds for the work has now been temporarily frozen until the Inter-
state Completion program has been reviewed by the Federal Highway Administra-
tion. Wachter then moved, Smith seconded the motion upon recommendation of
the staff to cancel the award and reschedule the award at a later time. All
voted in favor.
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November 17, 1981
50KVA GENERATOR
The bids for the 50KVA Generator included under the 1981 improved budget
were received with Lake Sales, Inc. as the low bidder for $14,491.50. Upon
recommendation of Mr. Colbert, Wachter moved, Egan seconded the motion to
accept the low bid and award the contract to Lake Sales, Inc. All voted yea.
1982 PROPOSED BUDGET
The City Administrator presented a Memorandum and explained the current
status of local government aid and homestead credit payments from the State of
Minnesota. The local government aid for 1982 is estimated at $356,380.00 with
homestead credit at $460,394.00 with a total operating budget of the City at
$3,287.130.00. He stated that it may be necessary to reopen the 1982 budget
for review and reconsideration if cut-backs take place. Parranto moved,
Wachter seconded the motion to direct the City Administrator to prepare a
contingency plan for re-examination of the 1982 budget with possibility of
cut-backs in local government aid and homestead credit; further, that the
Council will allow no new personnel or equipment or unnecessary expenditures
without the express approval of the City Council unless there are specific
provisions for funding under the 1981-1982 budgets and unless the expenditures
are required for necessary operating expenses. All voted yes.
1981 SEAL COAT - IMPROVEMENT #81-11
The final payment request for the 1981 Seal Coat project was recommended
for approval. Upon motion by Wachter, seconded Egan, it was resolved to
approve the second final payment for Improvement #81-11 to Allied Blacktop for
$3,421.47 and accept the project for perpetual maintenance. All voted in
favor.
IMPROVEMENT CONTRACT APPROVAL
Smith moved, Parranto seconded the motion to approve the following con-
tracts and authorize their execution:
Improvement #81-13, Windcrest and Windtree Additions to
Erickson Construction Co.
Improvement #81-12, O'Leary Lake Outlet.
All voted in favor.
LANDMARK DEVELOPIIT COMPANY - STORM SEWER EASEMENT VACATION
City Attorney Paul Hauge explained that a revision of the as-built storm
sewer line across Landmark Development Company property near Highway #13
differs from the easement that was originally acquired by the City. Upon
motion by Egan, seconded Parranto, it was resolved that a hearing on the
vacation of the easement be scheduled for December 15, 1981 at 7:00 p.m. at
City Hall. All voted yea.
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Council Minutes
November 17, 1981
WESCOTT ROAD RIGHT OF WAY ACQUISITION
EAGAN VS. DENNIS MC CARTHY
The City Administrator and the City Attorney reviewed with the City
Council an award of $165,224.00 for the acquisition of the road right of way
for Wescott Road across the Dennis McCarthy property. It was noted that of
that sum, $20,019.00 was attributable by the Commissioner's award to the CPA
69 KVA transmission line. There was discussion concerning the appraisals in
the amount of $61,000.00 by the City's appraiser and $360,000.00 by the
McCarthy's appraiser. After discussion concerning various aspects of the
Commissioner's award, the staff and City attorney were requested to negotiate
with the attorney for the property owner and report back to the City Council.
1-35 RESOLUTION
After discussion, Wachter moved, Egan seconded the motion that the staff
request the Dakota County Board present the resolution of the City Council
regarding 35-E running northerly to I-494. There were presentations submitted
to the Metropolitan Council and the Minnesota Department of Transportation.
All voted yes. R 81-55
CAROL LINDO - VIENNA WOODS
A request from Carol Lindo, an owner of several lots in the Vienna Woods
area, that the utility and street assessments be revised as agreed upon by the
developer of Vienna Woods to provide that the assessments be spread over the
single family lots in Vienna Woods was next discussed. The staff has nego-
tiated with Marvin Bump, one of the developers, and Mr. Bump has indicated
that because of the poor single family lot market, that he is unable to
proceed further with the assessments and payments at the present time. Staff
therefore recommended preparation of a supplemental assessment roll. Council
then directed the staff to prepare the assessment roll and schedule a date for
a public hearing to change the balance of the assessments of utility and
street improvements on the Lindo lots to the balance of the Vienna Woods
single family lots.
R. L. JOHNSON ASSESSMENTS PROJECT #247
Mr. Colbert stated that the notices for the R. L. Johnson Company re-
assessments regarding Improvement Project #247 for Alexander Road improvements
should now be rescheduled to December 15, 1981 at 7:00 p.m. Upon motion by
Parranto, seconded Smith, all voting in favor, it was resolved that the as-
sessment hearing originally scheduled for December 1, 1981 be rescheduled to
December 15, 1981 at 7:00 p.m. at City Hall. All voted in favor.
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Novmeber 17, 1981
CHECKLIST
Egan moved, Wachter seconded the motion to approve the checklist dated:
October 31, 1981 and November 17, 1981.
ADJOURNMENT
Smith moved, Egan seconded the motion to adjourn at 11:15 p.m. All voted
yea.
PHH
City rk
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