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11/16/1982 - City Council Regular0 303 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 16, 1982 A regular meeting of the Eagan City Council was held on Tuesday, November 16, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Thomas and Egan. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA yes. Egan moved, Wachter seconded the motion to approve the Agenda. All voted Upon motion by Wachter, seconded Thomas, it was resolved that the Minutes of the regular council meeting of November 9, 1982 be approved as prepared. All voted in favor. CONSENT AGENDA It was recommended the following consent agenda items be aproved as presented. 1. Project #342 _ Cedar Grove lst & 2nd Addition - Street Reconstruc- tion. The feasibility report for Improvement Project #342 covering the Cedar Grove 1st and 2nd Additions, street reconstruction, was submitted for Council review and approval. It was recommended that the feasibility report be accepted and the public hearing be scheduled for December 14, 1982 at 7:00 p.m. at the Rahn Elementary School at 4424 Sandstone Drive, Eagan, Mn. 55122. 2. Project #306 - Count Road #30 /Diffley Road - Street Improvements. The feasibility report for Project #306 covering the street improvements for Diffley Road between Rahn Road and Blackhawk Road was presented and it was recommended that the report be accepted and that a public hearing be scheduled for December 14, 1982 at 7:00 p.m. at Rahn Elementary School. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items as presented, be approved and ordered implemented. All voted in favor. SPECIAL COUNCIL NESTING Egan moved, Thomas seconded the motion to schedule a special Council meeting for November 23, 1982 at 7:00 p.m. at City Hall to discuss primarily 1983 budget items. All voted yes. Council Minutes November 16, 1982 JOINT CABLE T. V. COMMITTEE Mr. Hedges and Councilman Smith reviewed the Cable T. V. Committee's recent activities and reviewed the schedule, covering the receipt of propo- sals. It was noted that a possible Spring 1983 construction start will take place. 1982 $2,400,000.00 G.O. BOND SALE 00304 It was noted that approximately $100,000.00 in projects included under the G. 0. Bond Sale of 1982 have been deleted and upon motion by Smith, seconded Egan, it was resolved that the General Obligation Bond Issue be reduced from $2,500,000.00 to $2,400,000.00 with the elimination of Projects indicated in the schedule of improvements being financed. All voted yes. SEE BOND FILE [� I _ ,. tom` J *Tii -JVW4 - AN 111 City Administrator Hedges discussed with the Council the current proposed reduction in municipal state aids from the State of Minnesota during December 1982 with a possible 16% reduction or $125,000.00. The Council will be kept informed as to any proposed reduction due to the revenue shortfall from sales and income tax for the State of Minnesota. YANKEE SQUARE INN - I.R. FINANCING An application was received from Federal Land Company to consider Indus- trial Revenue Financing to construct a new motel known as Yankee Square Inn on Lots 1 and 2, Block 1, Bicentennial 8th Addition in the Yankee Square Shopping Center area. The motel will be the final phase in the development of the Bicentennial PUD and an amendment was requested to the Bicentennial Planned Development because of the elimination of an office building on one of the two lots, and the construction of a larger motel. Hedges introduced the topic and Martin Colon, and Ron Krank Architect, were also present as was Charles Bartholdi for the applicant. Mr. Krank indicated that proposal includes 108 guest rooms, a three story building, with meeting room for 75 people, and no restaurant, but would have continental breakfast provisions. There would be 122 parking spaces. Councilman Smith questioned the sale of the bonds to the general public and was concerned about the bank that was intended to be used to issue the letter of credit. There was also a question from Councilmembers as to the triangular window areas that would be jutting out from the building which were intended to offer greater visibility and also floor space in each room. The question dealt with whether it complied with the 30 foot setback, but the policy of the City consistently has been that the setback is computed from the foundation of the building to the setback line, and it appeared that there were no objections on behalf of the City as to the triangular window extrusions. There were no objections to the project, and after all questions from Councilmembers and members of the audience were answered, Smith moved, Thomas seconded the motion to close the public hearing and to continue the decision and the Council would act later in the meeting on the amendment to the Planned Unit Development. All voted in favor. El Council Minutes November 16, 1982 JOHNSON BROTHERS - EXCAVATION PERMIT 0 305 The application of Johnson Brothers Construction Company to perform grading and fill on the McLean /Hudak property near Highways 449 and #55 was, at the request of the applicant, continued indefinitely in order to modify the grading plan to minimize impact on adjacent property owners near the O'Neill Pond area. Egan moved, Wachter seconded the motion to authorize the continu- ance. All voted in favor. SWIMMING POOL ORDINANCE The Council had discussed a proposed swimming pool ordinance at its meeting on November 9, 1982 and language amendments were requested by the Council dealing with back -flush water or pool- drainage water. It was noted that Municipal Ordinance Codifiers has requested that no new ordinances be adopted until after January 1, 1983 after the ordinance codification is com- plete. Wachter moved, Egan seconded the motion to approve the ordinance in concept, and that the consideration of the ordinance be deferred until a January 1983 Council meeting for reconsideration. Councilman Smith was concerned about excessive legislation and recommended against approval of the ordinance because many of the issues covered in the ordinance are of a private nature between adjacent property owners. Those in favor of the motion were Egan, Wachter and Thomas. Those against were Smith and Blomquist. BICENTENNIAL PLANNED DEVELOPMENT An application from Federal Land Company for an amendment which would revise the site plan for Lots 1 and 2, Bicentennial 8th Addition was con- sidered. The reason for the change would be to provide for one motel on lots 1 and 2, rather than a motel and office building as originally planned. The Advisory Planning Commission on October 26, 1982 recommended approval. Charles Bartholdi discussed for the applicant the proposed revision and indi- cated the benefits would offer more space for the construction of a motel. There were no objections to the application. Smith moved, Thomas seconded the motion to authorize a revised planned development site plan with the under- standing that the staff and consultants will issue an opinion as to whether the setbacks comply with the ordinance requirements, all according to the following conditions: 1. The sidewalk shall be constructed along the east side of Washington Drive on Lots 1 and Lots 2, Block 1, Bicentennial 8th Addition. 2. Curb cuts shall be coordinated wherever possible with curb cuts which already exist on the west side of Washington Drive. 3. All driveway accesses to the motel facility shall be a minimum of 24 feet wide. 3 0030G Council Minutes November 16, 1982 4. The 20 foot setback variance should be reconfirmed for the motel as approved at the February 1982 Council meeting. 5. A three -story motel shall also be allowed as part of the planned development and therefore no variance is requested. 6. The parking area shall contain an asphalt surface and concrete curbing around the perimeter of the parking area. 7. A detailed landscaping plan shall be approved for the motel facility and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. Landscaping and berming shall be provided along the east side of the project. 8. Only the motel shall be allowed on Lots 1 and 2, Block 1, Bicenten- nial 8th Addition. 9. All other applicable ordinances shall be met. SEE PLANNED DEVELOPMENT FILE Those in favor were Smith and Thomas; against was Wachter; those abstaining were Blomquist and Egan. Smith then moved, Thomas seconded the motion to approve the application for Industrial Revenue Financing for the motel, subject to compliance with state law and the applicable Eagan ordinances and policies, and specifically, setback requirements under the Eagan Zoning Ordinance. Smith and Thomas voted yes; Blomquist and Egan abstained, and Wachter voted no indicating that he was not certain as to whether the setback for the building complied with the ordinance. Councilman Smith stated that the City shall approve the bank that issues the letter of credit covering the bond issue. All voted in favor. SEE BOND FILE GABBERT DEVELOPMENT COMPANY - TEMPORARY ADVERTISING SIGN An application from Gabbert Development Company for temporary advertising sign for several developments on Wilderness Run Road at the northeast corner of Wilderness Run Road and Pilot Knob Road was considered by the Council. It was suggested by Councilmembers that the sign be placed on the west rather than the east side, for safety purposes. Smith moved, Wachter seconded the motion to continue the application until a determination can be made covering the safety concerns. All voted in favor. 4 I V "1 0307 Council Minutes November 16, 1982 OLDE CEDAR INN - 3.2 ON -SALE BEER LICENSE An application was received from Thomas Truax for non - intoxicating liquor license for the Olde Cedar Inn, formerly A & W Restaurant in the Cedarvale shopping area. Mr. Truax was present and answered questions of the Council concerning the proposed establishment. In addition, an application was sub- mitted for amusement device license for 3 amusement devices at the location. It was noted the application and all information submitted appeared to comply with the City Ordinance, according to staff, and that the property will be sub - leased. There were no objections to the application. Egan moved, Thomas seconded the motion to approve the application for non - intoxicating liquor license, subject to the Eagan Ordinance. All voted yes. Next Smith moved, Thomas seconded the motion to approve the application for license for three amusement devices, provided it complies with the ordinances. All voted in favor. SHEFFIELD ADDITION - ADVERTISING SIGN An application from Lowell Berg and Mary Lou Herrmann to locate an adver- tising sign on the southwest corner of Dodd Road and Wilderness Run Road for advertising the Sheffield Addition was reviewed by the Council. There were no objections to the application. Thomas moved, Egan seconded the motion to approve the temporary advertising sign. All voted in favor. AM LEGISLATIVE POLICIES - 1983 The legislative policies submitted by the Association of Metropolitan Municipalities and distributed to the Council, were discussed in some detail by Councilmembers. It was noted that most of the policies will benefit the City. Mayor Blomquist, who is a member of the AMM Board was directed to express the concerns of the Council at the next AMM legislative policy meeting on November 18, 1982. HISTORY OF EAGAN MANUSCRIPT The City Council met jointly with the History Committee at a special City Council meeting on October 27, 1982 and action was taken by the City Council to approve and adopt the "red book" manuscript as a revised copy of the history document, subject to including any additional information which is recommended by the History Committee. Councilmembers agreed that certain information that was expanded upon in the blue book should be included and contained in the red book before the final manuscript is accepted. A memo- randum from Mr. Hedges indicating the chronology of the action by the City Council regarding the Eagan history, including its objectives, was distributed to the Council. No new material has been submitted by the History Committee or other persons and Lisa Fleming, the staff intern was present to answer questions of the Council. All pictures that are being held by History Com- mittee members were requested to be returned to allow the staff to proceed with the printing of the book. Wachter moved, Egan seconded the motion to proceed with the development of the specifications for the publication of the manuscript and to solicit bids for the publication. All voted in favor. 5 00308 Council Minutes November 16, 1982 JOB TRAINING PARTNERSHIP ACT OF 1982 Mayor Blomquist has received and reviewed the Job Training Partnership Act of 1982 and submitted a Memorandum to the Council at the November 9, 1982 meeting. It was noted that the City of Eagan is the fastest growing community in Dakota County and is providing considerable employment opportunity with the local industrial growth and Mayor Blomquist indicated that it would be appro- priate to select a central location to administer the Act, in conjunction with a private industry council. A Resolution was submitted to the Council to endorse Eagan as a location to implement the job training program to begin in 1983 and requests the support and endorsement of Dakota County, and all other municipalities within Dakota County for the implementation of the program. Blomquist moved, Egan seconded the motion to approve the Resolution as adopted and order its implementation. All voted in favor. R 82 -57 SHORELAND ZONING ORDINANCE John Voss and Dale Runkle were present and reported on the meetings being held by them with the Department of Natural Resources staff regarding Eagan's proposed Shoreland Zoning Ordinance. It was noted that ordinances are re- quired to be implemented by municipalities and that the Eagan ordinance is one of the first ordinances that has been proposed for adoption. A map showing the proposed jurisdiction by the DNR around lakes and ponds in the City with a 1,000 foot jurisdiction around each water body was displayed to the Council. Problems regarding density and how much area could be covered or what area would be considered impervious surface areas were discussed in detail. The objective of the staff was that existing planned developments would be grand - fathered and also to pursuade the DNR staff to reduce its requirements for ,jurisdiction for residential areas around the ponds, and to allow an increase in density around the ponds. The staff was authorized to proceed with its proposals to the Department of Natural Resources and after completion of a draft to resubmit it to the Council. CONTRACT #82 -2 - NORTHVIEW MEADOWS ADDITION - UTILITIES The plans and specifications for the construction of utilities in North - view Meadows Addition was submitted by Mr. Colbert and it was recommended that the Council advertise for bids. Upon motion by Egan, seconded Thoms, it was resolved that the plans and specifications be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on December 16, 1982 at the City Hall. All members voted yea. 2 Council Minutes 00309 November 16, 1982 DIFFLEY ROAD /COUNTY ROAD #30 - PROJECT #306 AND CEDAR GROVE NO. 1 & 2 - STREET REHABILITATION - PROJECT #342 The Council discussed in detail the preliminary drafts of feasibility reports for Projects #306 and #342 and recommended revisions to the drafts to be provided by the staff prior to the December 14, 1982 public heraing. CHECKLIST Upon motion by Thomas, seconded Egan, the following checklist as pre- sented were ordered paid: 10 -31 -82 & 11- 16 -82. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:20 p.m. PHH 'I. WU.. oil, 7