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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. 1 O~A Council Minutes 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. 2 cF" "G ^r Council Minutes 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. 3 Council Minutes 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. 4 _A A Council Minutes 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. 5 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 6 F ? F w 3.T `:s q Council Minutes 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 7 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. 8 f r` Council Minutes 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. 9 Fa... 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. 10 Czo Council Minutes 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. 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