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12/01/1981 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 1, 1981 A regular meeting of the Eagan City Council was held on Tuesday, December 1, 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, City Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as distri- buted. All voted in favor. MINUTES Egan moved, Wachter seconded the motion to approve the Minutes as pre- pared. All voted yea. FIRE DEPARTMENT Fire Chief Bob Childers was present. 1. Relief Association Annual Payment. A request was submitted from John Flood, President of the Eagan Volunteer Fire Department Relief Associa- tion, for $56,000.00 as budgeted for the annual payment of the normal cost of unfunded liability for the Association. City Administrator Hedges stated that the 1981 budget was adopted with an appropriation considered in the amount of $56,000.00 for Fire Relief Pension and payments have been made in the prior two years of $26,900.00, each year, which is greater than the normal cost required per year. The Council on November 17, 1981 authorized the payment of $19,568.00 to the Relief Association. In light of the current financial position of the City, and although the Council discussed in its budget deli- berations the possible proposal, it was noted that the Council was still negotiating with the Fire Relief Association concerning pension benefits in general. Wachter moved to authorize the payment of $26,900.00 for-1981, similar to last year. No second and the motion died. Due to the action of November 17, 1981 by the City Council, the City Administrator stated that he was authorized to make payment of $19,568.00. No further action was taken. 2. District No. 2 Chief - Richard Schindeldecker. Chief Childers introduced Richard Schindeldecker, newly elected by the Volunteer Firefighters as District 2 Chief. Wachter moved, Blomquist seconded the motion to approve the election of Mr. Schindeldecker. All voted yes. PARK DEPARTMENT The City Administrator submitted a list of ten persons recommended as warming house attendants by the Park and Recreation Director, Ken Vraa. Blomquist moved, Wachter seconded the motion to accept the recommendation and hire the warming house attendants as recommended. All voted in favor. D 81-55 1 Council Minutes December 1, 1981 CONSENT AGENDA The following consent agenda items were submitted to the Council and recommended for approval: 1. 1982 Kennel License Renewals. There were five (5) kennel license renewals including William Abel, 3506 Lexington Ave. So., John Clary, 3555 Trails End Road, Janice MacKimm, 1690 County Road 30, Don Sandberg, 1560 Yankee Doodle Road, and Arlene Allan, 4790 So. Robert Trail. It was recom- mended that all be approved. 2. Conditional Use Permit Renewals. The conditional use permits for Orvilla Homes Company at 3430 Wescott Hills Drive, Alfred Weiger for group therapy at 780 Blue Gentian Road, Dakota Homes at 3660 Dodd Road for sales lot and John Bushnell at 4890 South Robert Trail for temporary building, were all recommended for approval by the staff. 3. Project 350 - Oster Addition Streets & Utilities. The Petition from John O'Toole and Jerry Torgeson for street and utility improvements to pro- posesd Oster Addition was submitted for approval. It was recommended the Petition be accepted and that the Council order a feasibility report for Project 350 and order the Public Hearing on the report to be scheduled for January 19, 1982 at 7:00 p.m. at City Hall. 4. Project 352 - Norvin Oaks Watermain. It was recommended that the feasibility report-for watermain to the proposed Norvin Oaks Addition be accepted and that the public hearing be scheduled for January 19, 1982 at 7:00 p.m. at City Hall. 5. Miscellaneous License Renewals. It was recommended that the following license renewals be approved: Cigarette (55), Gravel Pit (2), Heating, Ventilating, etc. (77), Plumbing & Cesspool (88), Rubbish Haulers (13), Vending Machines (53), Water Softener (4) and Well Drillers (6). Upon motion by Egan, seconded Blomquist, all voting yea, it was Resolved that all licenses except Gravel Pit renewals be approved; and further, that gravel pit permit renewals are continued until the following meeting. Upon motion by Smith, seconded Parranto, it was resolved that the fore- going Consent items including gravel pit permits be approved and ordered implemented by the City staff. All voted in favor. A & W RESTAURANT - AMUSEMENT DEVICE LICENSE A request from the A & W Restaurant owner and Larry Miller to operate a restaurant-game room at the location formerly occupied by the A & W Restaurant on Highway #13 for a total of over 15 amusement devices to occupy the building and the conditional use permit for amusement devices had been approved. Councilman Wachter stated that he had received telephone calls from certain persons objecting to the large number of amusement devices in the Cedarvale area and recommended that the application not be approved. Smith moved, Parranto seconded the motion to approve the amusement device license for Larry Miller for the establishment entitled Nicols Landing. All voted yes, except Wachter who voted no. 2 Council Minutes December 1, 1981 IMPROVEMENT PROJECT #343 BRIAR HILL 4TH ADDITION - STREETS & UTILITIES A Petition had been received from Tollefson Builders, Inc. for developer, Briar Hill 4th Addition requesting street and utility work in the 4th Addi- tion. The Mayor convened the hearing and Mr. Colbert and Mr. Rosene explained the project. One question from a neighbor about the grading plans in the subdivision was answered and there were no objections to the project. Wachter moved, Parranto seconded the motion to close the public hearing and approve the installation of the streets and utilities authorizing the City Engineer to prepare the plans and specifications. All voted in favor. TWIN VIEW MANOR 2ND ADDITION - UTILITY EASEMENT VACATION The public hearing regarding the application of the developer of the Twin View Manor 2nd Addition to vacate certain utility easements in the addition was next convened by Mayor Blomquist. There were no objections to the re- quest. After discussion, Smith moved, Egan seconded the motion to close the hearing and to authorize the vacation of the easements. All voted yes. R 81-73 IMPROVEMENT PROJECT #247 - ALEXANDER ROAD The formal hearing on the assessments for Alexander Road improvements under Improvement Project #247 was originally scheduled for December 1, 1981 but Public Works Director Colbert indicated that notices had been sent out for the hearing to be scheduled on December 15, 1981. Smith moved, Wachter sec- onded the motion to reschedule the final assessment hearing for Improvement Project #247 consisting of Alexander Road for December 15, 1981 at 7:00 p.m. at the City Hall. All voted yes. IMPROVEMENT PROJECTS #246 AND #257 CARLSON LAKE AND THOMAS LAKE TRUNK STORM SEWER Mayor Bea Blomquist then convened the assessment hearings regarding Improvement Projects #246 and #257 consisting of reassessments for the Carlson Lake and Thomas Lake Trunk storm sewer projects. Mr. Colbert introduced the subject to the large number of affected property owners present and the coun- cil and stated that on May 6, 1980, the final assessment hearing was held for the trunk area storm sewer assessments. Certain of the assessments had been appealed to the Dakota County District Court and an order was entered by a Judge Mansur dated September 21, 1981 remanding the assessments on 87 parcels of property back to the City Council for reassessment and determination as to benefit to the property. Mr. Colbert stated that Notices had been mailed to the property owners and further, that certain reassessment costs had been added to the original assessments based upon 1978 storm sewer area assessment rates. No interest has been added since 1978 and it is currently planned that the City is working with Dakota County to refund the assessments that had been paid by property owners under the two assessment rolls to the affected proper- ty owners. Paul Hauge, the City Attorney, explained that the appraiser for the City, Robert Hutchinson, had prepared summary appraisals of all the 87 parcels, including benefit derived to each parcel from the installation of the 3 Council Minutes December 1, 1981 storm sewer system. Mr. Kenneth Ketchum, attorney representing property owners, had questions concerning the method of the appraisal and the method the City used in arriving at these assessments. He stated, that in his opinion, that the area being assessed is less than the total drainage district and it was noted that the reason is that because all the storm sewers were not installed at the same time. Numerous other property owners being affected by the assessments had questions of the council and many of them opposed the assessments that were being levied by the Council, in particular, the addi- tional assessment for the reassessment cost. Approximately 49 property owners submitted objections to the assessments in writing before or during the Council meeting and it was requested that the City acknowledge receipt of the objections from each of the property owners. It was noted that because of the large number of objections that were received that the Council could not hear all the objections at the time of the December 1 hearing and the City Attorney recommended that the Council adopt the assessment roll as to those parcels where objections were not submitted by December 1 and that the Council con- tinue the assessment hearing as to the remaining parcels where objections were submitted and received. Council members indicated that a letter will be sent to all of the objecting property owners as to the schedule of the continued hearing. After considerable discussion, Smith moved, Parranto seconded the motion to close the hearing and to adopt the reassessment roll as to all parcels where objections were not received by the City Council at the December 1, 1981 meeting based upon the Findings of Fact, and Conclusions, a copy of which is attached to these Minutes and made a part of these Minutes. All voted in favor. Eagan then moved, Smith seconded the motion to continue the reassessment hearing as to the parcels for which objections were submitted to the City Council on or before December 1, 1981 to be rescheduled to January 12, 1982 at 6:30 p.m. at City Hall. It was stated to all persons present that they would then be given an opportunity to submit testimony and evidence concerning each of their respective parcels of property owned by them on January 12, 1982 or at such continued hearing if necessary, at a later time. All members voted in favor. DIAMOND LAKE, INC. - I. R. FINANCING The public hearing concerning the application of Diamond Lake, Inc. for Industrial Revenue financing in the amount of $750,000.00 for the acquisition of equipment and fixtures to be used in conjunction with the retail super- market in the proposed Pilot Knob Shopping Center was convened by Mayor Blomquist. Robert Levy, attorney for Diamond Lake, Inc. and Mr. John Sullivan, Jr. were present on behalf of the applicant. Mr. Levy stated that Richfield Bank and Trust Company has committed itself to finance the $750,000.00 and that the loan will be paid off prior to the expected useful life of the equipment. There were many questions from City Council members and members of the audience as to whether the Council should finance equipment and fixtures at all or in part. It was noted that this was the first example where a request for I. R. Financing has been submitted exclusively for fix- tures and equipment. There was questions as to whether this type financing is an inducement to new business and whether the approximately 90 new jobs which consist of only 30 full-time jobs, is a sufficient inducement for the issuance of the financing. It was noted there would be no increase in taxes and 4 Council Minutes December 1, 1981 Industrial Revenue Financing had already been authorized for the shopping center building itself. Councilman Smith suggested that the City Council ought to consider issuing financing for fixtures but not for equipment that has a short anticipated useful life. It was noted the total estimated cost of the fixtures is $871,000.00, including sales tax, engineering fees, etc. The attorney for the Pilot Knob Shopping Center was present and indicated the supermarket is critical for the financing for the entire center. After lengthy discussion, Smith moved to authorize up to $555,000.00 industrial revenue financing for heavy duty equipment, including fixtures, which include a life expectancy of at least ten years. There was no second and the motion died. Egan then moved, based upon the reasons above described and the fact that a precedent would be set by the Council in authorizing financing of the equipment only, to deny the request for industrial revenue financing. Parranto seconded the motion and all voted in favor. FEDERAL REVENUE SHARING FUND USE HEARING The Mayor convened the proposed use hearing to consider suggestions as to the use of federal revenue sharing monies for calendar year 1982. The second hearing will be held on December 15 with the adoption of the 1982 general fund budget and simultaneously with the adoption of the 1982 general fund budget. Notice of the proposed use hearing has been published in the Dakota County Tribune and Mr. Hedges explained the history of federal revenue sharing and the possible cut-backs in federal revenue sharing in the future. Smith moved, Egan seconded the motion to close the hearing. All voted in favor. There were no objections at the time of the hearing. LONE OAK ROAD - SPEED LIMIT Mr. Hedges reviewed a letter that was submitted by Representative Carolyn Rodriguez, including a letter dated October 22, 1981 from a member of the Attorney General's staff regarding speed zoning in school zones and urban districts within municipal limits. There was concern about the speed limits on Lone Oak Road near Pilot Knob School and also on sections of Pilot Knob Road. School Zone limits can be established to be effective only when there are children in the area and urban district zoning limits would be established only if highways are at least within 100 feet apart for a distance of one- quarter mile. Karen Flood was present and asked that the City Council take action to attempt to reduce speed limits in those areas. Smith moved, Egan seconded the motion to direct the staff to commence a study to determine whether the City can comply on Lone Oak Road and Pilot Knob Road under the Urban District provisions of the Minnesota Statutes, Chapter 169, and if so, that the staff prepare a Petition to the Minnesota Department of Transporta- tion to designate those stretches of Pilot Knob Road and Lone Oak Road as Urban District; further, Egan moved that in the event that the staff deter- mines that the sections do not qualify as Urban District to the Council, then request that Representative Rodriguez and Senator Howard Knutson submit special legislation during the 1982 Legislative Session to provide under M.S.A. 169.02, subd. 59, Urban District, that where structures in Eagan de- voted to business, industry or dwelling houses are situated at intervals of less than 300 feet for a distance of a quarter of a mile or more, be desig- nated an Urban District. Parranto seconded the motion, all voted yes. 5 E (~~yt~r C 9l. 's l '~.;J y..D Council Minutes December 1, 1981 SOUTH DELAWARE HILLS POD AGREEMENT & ANNUAL REVIEW City Administrator Hedges stated that the Planned Unit Development Agree- ment for South Delaware Hills Planned Development has now been signed by Richard Parranto, the developer, and the First National Bank of St. Paul and it was recommended that the Council approve the Agreement and also the annual review of the PUD. Smith moved, Egan seconded the motion to approve the annual review of South Delaware Hills Planned Development and also to authorize the execution of the Planned Development Agreement with the effec- tive date of the Agreement being the date of approval of zoning to Planned Development on September 18, 1979 , with the understanding that the planned development covers a five (5) year period requiring an extension of time in the event the development is not completed within five years. All voted in favor. JOSEPH MILLER - ADVERTISING SIGNS The application of Joe Miller Construction Company for two temporary advertising signs to be located at the southeast quadrant of Nicols Road and Cliff Road and secondly at the northwest quadrant of Highway #13 and Cliff Road. A representative of Joe Miller Construction Company was present and indicated that the applicant has consent from the owners of the two locations and that there would be no obstructions to other signs. Smith moved, Egan seconded the motion- to approve the application as submitted. All voted in favor. NAEGELE OUTDOOR ADVERTISING - BILLBOARD The application of Naegele Outdoor Advertising Sign Co. for billboard on the Beure Co. property on new Cedar Avenue was next considered by the Council Mr. Hedges recommended the application be continued to the next regular meeting to complete staff review of the request. Egan moved, Parranto sec- onded the motion to continue the application until the next regular meeting on December 15, 1981. All voted yes. CEDAR CLIFF COMMERCIAL ADDITION PRELIMINARY PLAT The application of Steven J. Flanagan for preliminary plat approval for Cedar Cliff Commercial Addition was then considered by the Council. On November 17, 1981 the City Council had formally reviewed the preliminary plat application and had recommended that the applicant and staff acquire addi- tional information relating to the connection of Erin Court to Nicols Road and cost involved in relocating Scott Trail along the east line of the plat. It was determined that a considerable amount of fill would be required to relo- cate Scott Trail along the easterly line of the plat and some fill would be required whether the road is relocated or not. Mr. Flanagan was present as was Joe Ryan of St. Paul Companies. Mr. Colbert explained that the removal of Scott Trail to the East would cost an estimatead $134,750.00 for street con- struction and fill but that the relocated entrance road could also serve as a 6 Council Minutes December 1, 1981 central access point to the property located east of the proposed plat. No contact had been made with the property owners to the East. The Council also reviewed the relocation of Erin Drive opposite from Erin Drive on the West side of Nicols Road which, according to the staff would not provide proper traffic control in lining up with the access to Mari Acres Addition. It was noted that shifting Erin Drive to the South still maintains viable lot boun- daries and it is better for traffic control for four-way intersection. Mr. Colbert recommended that if the Council determines the street should be moved to the East, that additional fill should be brought in at the present time for the lots along the east long if they are platted; further, if there is no fill, then the plat should be left as an Outlet to assure that it will be filled properly at a later time. It was also noted that assessments for the road improvements would be an issue. Mr. Flanagan stated there are contingen- cies in the Purchase Agreement and also stated that a plan with revisions suggested by the Mayor with a cul-de-sac from Cliff Road may be feasible. It would provide for three lots with two curb cuts on Nicols Road and the buildings would front on Nicols Road. Steve Darling and other neighbors were present with comments on the proposal. After discussion, Smith moved, Blomquist seconded a motion to direct the staff and the applicant to review the cul-de-sac proposal and that if Dadkota County allows two access points on Nicols Road that it be considered as the first alternate. In the event that Dakota County denies two access points, then the staff and applicant explore the second proposal with the moving of Scott Trail to the east property line. All voted in favor. Mr. Flanagan agreed with the proposal as did the neigh- boring residents present. The Council will later make a determintion as to a final configuration of the plat. RAVINE PLAZA - REZONING, PRELIMINARY PLAT & VARIANCE The application of Amcon Corporation for rezoning from A (Agricultural) to PD (Planned Development) for two office buildings and a hotel complex; preliminary plat of Ravine Plaza and variance from height restrictions for commercial buildings was next considered. It was recommended that the appli- cation be continued to allow the subdivision and the height limitation commit- tee will not be able to meet for about two weeks to consider height revisions. The Council also requested that the three interested agencies concerned about the Development submit written comments about the proposal. Egan moved, Smith seconded the motion to continue the application until the January 19, 1982 meeting. All voted yes. 7 Council Minutes December 1, 1981 PROJECT 338 - WATER TREAT ENT PLANT The report for Project #338 concerning the proposed water treatment plant for the City of Eagan was submitted by Bonestroo, Rosene, Anderlik and Associates, Inc. dated November 5, 1981. It provides in detail a proposal for removal of iron and manganese in the municipal water and hardness reduction, including the cost summary, cost recovery system, typical water bill in- creases, alternate softening methods, and proposed time frame schedule in the event the Council may determine to proceed on the project. There were num- erous questions and comments regarding the report. Egan moved, Blomquist seconded the motion to schedule a public hearing on Improvement Project #338 for January 28, 1982 at 7:00 p.m. at the St. John Neuman Church in Eagan if the night is available for the hearing. All members voted yes. SAFARI RESEREVOIR SITE Mr. Colbert reviewed with the Council the progress to date regarding the location of the 4 million gallon water reservoir along the Apple Valley boundary in the area adjacent to Safari Estates Addition. It was noted that Dakota County Park property is not available and that contact had been made with Mrs. Seig concerning the site on the Seig property in Eagan but negotia- tions have not been successful. The logical site is a site in Apple Valley owned by Thorsen and Cornwell. The owners of the Apple Valley site oppose the acquisition of that location for the Eagan Reservoir and Mr. Colbert has been negotiating with the City of Apple Valley for the site. Blomquist moved, Egan seconded the motion to direct the staff to continue negotiations with Apple Valley concerning that proposed site with the alternate being the Seig site. All voted yea. BURNET REALTY PYLON SIGN The application from Burnet Realty for a conditional use permit for a pylon sign was continued by the Planning Commission and therefore Smith moved, Parranto seconded the motion to continue the application until the January 5, 1982 regular meeting of the Council. All voted yes. JOE HARRISON - APC RESIGNATION The letter of resignation from Joe Harrison as a member of the Advisory Planning Commission effective December 31, 1981 was discussesd by the Council. Mr. Harrison stated in his resignation letter that he would be willing to serve as an alternate on the Commission during 1982. 8 Council Minutes December 1, 1981 SLATER'S ROAD STORM SEWER PROJECT Tom Colbert explained that the City of Burnsville had contacted the staff and requested consideration by the Eagan City Council and in addition the Apple Valley City Council concerning contribution toward storm sewer construc- tion relating to two ponds on the Hilla property on the Apple Valley/Burnsville/Eagan line in the Slater's Road area. The request on behalf of Burnsville was that the cities contribute toward the storm sewer cost. It was suggested that the City of Eagan would assess the property in the area at the time of development, which amounts could be contributed toward the storm sewer improvements. Blomquist moved, Egan seconded the motion to direct the staff to negotiate an agreement relating to the contribution toward storm sewer costs in the specific area. All voted yes. WESCOTT ROAD - CONDEMNATION APPEAL City Attorney Paul Hauge again discussed with the City Council the award of the Commissioners regarding the condemnation of Wescott Road over the McCarthy property. The staff has been negotiating a settlement and the owners have demanded the full Commissioner's award. Also, there was discussion concerning threat of a trespass action on behalf of the McCarthys against the City claiming the City entered onto the property for construction purposes improperly. After considerable discussion, Smith moved, Egan seconded the motion to authorize the City Attorney to appeal the Commissioner's award to the District Court; further, that Cooperative Power Association be requested to pay the portion of the Commissioner's award designated for damages, due to the proposed installation of the Cooperative Power transmission line on the Westcott Road right of way; further, that the required sum of three fourths of the Commissioner's award be directed to be paid to the property owners as required by Minnestoa law at the time of the appeal. All voted in favor. CHECKLIST Egan moved, Blomquist seconded the motion to approve the Checklist dated: December 1, 1981. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:00 p.m. PHH Ci rk 9