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04/19/1983 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 19, 1983 A regular meeting of the Eagan City Council was held on Tuesday, April 19, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City Council members Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, City Engineer Rosene, Public Works Director Colbert and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda, noting certain items will be deleted at the request of the applicants. All voted yes. MINUTES 1. April 5L 1983, Regular Meeting. Upon motion by Smith, seconded Thomas, it was resolved that the minutes be approved as distributed. All voted in favor. 2. Special Meeting, March 29, 1983. Egan moved, Thomas seconded the motion to approve the minutes. All voted yes. 3. Special Meeting, April 4L 1983. Egan moved, Wachter seconded the motion to approve the Minutes as prepared. All voted in yea. REPRESENTATIVE ART SEABERG Representative Art Seaberg was present at his request to discuss with the Council certain legislation before the 1983 Legislature involving city affairs. Liz Witt, the District #38 Legislative Coordinator, City Intern, and Mendota Heights Councilmember was also present to introduce Representative Seaberg. Mr. Seaberg reviewed the Local Government Aid bill status and noted that one recent bill would increase City aids but other bills had been sub- mitted which could significantly impact the City's State Aid distribution. He also noted that there is a City Meeting bill which would require each City to have available all packet material at the meeting and available to members of the public. 1 0 %0 33 Council Minutes April 19, 1983 PARK DEPARTMENT Park Director Ken Vraa was present. Mr. Vraa indicated that bids for the purchase of a 72" mower were received on April 1, 1983 with bids from Minne- sota Toro and Langula's, each for a Groundmaster, and Kromer Co. for a Turf Blazer 727. The low bid for a base price for gas driven mower was from Langulas. The Kromer Co. bid was only with diesel. Mr. Vraa indicated that diesel units by Groundmaster as well as the 727 supplied by Kromer have not been on the market sufficiently long to establish a solid, dependable perfor- mance record as compared with the gasoline units. The Parks and Maintenance staff is currently well versed in the operational and preventative maintenance procedures of the Groundmasters and no additional parts inventory would have to be purchased with the new Groundmaster. There is also maximum flexibility and interchangability in parts and attachments with Groundmaster units noting also, the operators have found the 727 uncomfortable to use and consequently have not used it in situations where they can use another unit. It was therefore recommended by Mr. Vraa that the City approve the bid of Langulas for a base price mower of $9,450.00 and cab of $1,770.00 for reasons including those mentioned above and those that were explained in his Memorandum dated April 15, 1983. Wachter moved, Egan seconded the motion to accept the recom- mendation of the staff and authorize the entry into the contract with Langulas. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council for consideration: 1. Phillips Accounting Machine/Excess Property. Director of Finance, City Clerk Eugene VanOverbeke announced the completion of the conversion of the utility billing system from the Phillips machine onto LOGIS and recom- mended that the City dispose of the Phillips machine. It was therefore recom- mended to declare the Phillips accounting machine as surplus property and advertise for the sale and if there is no successful sale, that the machine be removed at nominal cost to the City of Eagan. 2. General Contractor's Licenses. A schedule of general contractors who have applied for General Contractor's Licenses was submitted, including general contract, heating and ventilation and swimming pool installers and recommended tht the licenses be issued. 3. Project #375 - South Oaks Addition Streets and Utilities. A Peti- tion had been submitted by 14 residents of the South Oaks Addition requesting installation of sanitary sewer, water and street surfacing, and it was recom- mended by the staff to receive the Petition and approve the preparation of the feasibility report for Project #375. 2 0 0 0 9 1Council Minutes April 19, 1983 Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as provided and that they be ordered implemented. All voted in favor. WATER REVENUE BOND SALE Ernie Clark of Miller & Schroeder Municipals, Inc. was.pres'ent and recom- mended that the City Council consider requesting a proposal to insurance companies to proceed with bond insurance for the proposed $6,000,000.00 G.O. Water Revenue Bond sale. He indicated that it is expected that the interest rate should be reduced significantly more than an estimated maximum insurance premium of 0.7% of the total principal and interest on the issue. He also indicated that it should affect the bond rating and after discussion, upon motion by Smith, seconded Thomas, it was resolved that the Council approve the concept of bond insurance and authorize the staff to acquire the insurance as recommended by Miller and Schroeder at the time of issuance of the G.O. Bonds. All voted in favor. CITY BOND RATING REVIEW Mr. Clark recommended that the Council authorize two city staff members to accompany him to New York City to meet with Moody's and Standard and Poors' rating services, to attempt to improve the city bond rating, and further to call on mortgage bankers in New York City with the view toward eventually marketing the bonds. Smith moved, Egan seconded the motion to approve the recommendation and order its implementation. All voted in favor. SIGN ORDINANCE At the March 15, 1983 City Council meeting, the Council ordered revisions to the Sign Ordinance regarding height of advertising signs. The Council also instructed the staff to review the provisions of the Ordinance regarding distance of advertising signs to residential areas for consideration at a later time. A letter from Mrs. Paul Teske regarding her concerns about the placement of pylon advertising signs within the City was discussed and Councilmembers indicated they did not intend to again address the entire Sign Ordinance, but only limited aspects of it. Wachter moved to authorize discus- sion of the Sign Ordinance by persons interested in making presentations. There was no second and the motion died. Egan then moved, Smith seconded the motion to consider only the distances of advertising signs to residential areas. All voted in favor. Thomas moved, Wachter seconded the motion to consider the issue regarding distances of the advertising signs from residen- tial areas for consideration at the May 3, 1983 regular meeting. All voted yea. 3 0009 5 Council Minutes April 19, 1983 SWIMMING POOL ORDINANCE City Administrator Tom Hedges brought before the Council the Swimming Pool Ordinance draft that had been discussed at the November 16, 1982 Council meeting. Further consideration had been deferred until 1983 after the Ordi- nance Codification was completed. There was extended discussion by Council members concerning certain portions of the Ordinance, including the problem resulting from drainage of swimming pool water from one property owner onto another adjoining property owner's land. Issues of safety and also the need for permits for above-ground pools was also discussed. Mayor Blomquist was concerned about the additional enforcement issues that arose by'the implemen- tation of such an ordinance, and also the grandfathering of existing pools at the time of adoption of such an ordinance. Smith moved, Egan seconded the motion to retain the Ordinance on file and if the Councilmembers later deter- mine that it is necessary to implement such an ordinance, that the ordinance again be brought before the Council for consideration. Councilman Wachter stated that safety concerns are primary and that the Council ought to consider the ordinance. Individuals in the audience had questions and some strongly supported the ordinance. Those in favor were Blomquist, Smith, Egan and Thomas; Wachter voted no. Blomquist then moved, Egan seconded the motion to direct the staff to investigate alternatives regarding drainage from swimming pools, patio areas, etc. from one property owner onto another and asked that a report be returned to the Council. All voted in favor except Wachter who voted no indicating that he felt that the proposal does not cover the issue sufficiently. PILOT KNOB HEIGHTS KITH ADDITION - RESOLUTION A Resolution submitted by City Attorney Paul Hauge regarding action by the City Council of March 15, 1983, was brought before the Council. After discussion, there being no objection, Egan moved, Thomas seconded the motion to adopt the Resolution covering the action on March 15, 1983, a copy of which is attached to the minutes. All voted yes. R 83-17 COMPREHENSIVE GUIDE PLAN REVIEW A letter from John Voss, Planning Consultant, dated March 30, 1983 and a report from Dale Runkle dated April 4, 1983, regarding the completion of the Comprehensive Guide Plan for the City, was again reviewed by the Council. John Voss was present and explained the request that the proposed Resolution approve the plan designating County Road #32 (Cliff Road) as an intermediate arterial. He stated the designation is important because of potential FAU funding, noting that the current traffic count is perhaps 20,000 trips per day near Cliff Road and Highway #77. He stated the designation should not alter design or capacity and will be consistent with the Metropolitan Transportation Guide. After review and question, Smith moved, Thomas seconded the motion to adopt the Resolution approving the Comprehensive Guide Plan dated April 19, 1983. All voted in favor except Blomquist who voted no, stating she was uncertain as to the impact of the change of the designation to intermediate arterial. 4 Council Minutes April 19, 1983 COVINGTON LANE AND PENKWE CIRCLE - STOP SIGN A Petition from property owners in the neighborhood of Covington Lane and Penkwe Circle requesting the stop signs be moved from Penkwe Way on to Covington was brought next to the Council. Interested neighboring property owners were present. Councilman Smith stated that the Council has authorized the installation of such stop signs on an experimental basis, noting that they can be re-examined at a later time. Smith moved, Egan seconded the motion to authorize the installation of the stop signs as requested with the under- standing that the issue may be brought back to the Council in September of 1983 depending on if the staff deems it necessary to do so. All voted yes. CARNELIAN LANE AT CINNABAR - STOP SIGNS A Petition received from neighboring property owners in the vicinity of the intersection of Cinnabar and Carnelian was reviewed by the Council with the affected property owners in the area that were present. They indicated that there had been heavy traffic on Carnelian, causing property damage to numerous properties in the area. Egan moved, Smith seconded the motion to authorize the installation of the sign requested, with the understanding that the approval is temporary and may be brought back to the Council in September of 1983. It was noted that the Police Department and staff recommended against the installation of the signs because of the response time on Carnelian. All voted yea. 3rd NORTHWESTERN NATIONAL BANK - PYLON SIGNS The application of Third Northwestern National Bank of Minneapolis for conditional use permit for pylon business sign at its location at 3360 Pilot Knob Road was next considered. Larry Kranning from the bank was present and it was noted that the Advisory Planning Commission recommended approval, subject to certain conditions. A temporary sign will be installed at the current house location of the bank and a permanent sign will be near the intersection of Pilot Knob and Yankee Doodle Roads, after completion of con- struction of the new bank building. Egan moved, Wachter seconded the motion to approve the application subject to the following recommendations: 1. No more than one sign be allowed for the Northwestern National Bank facility. 2. The sign be no more than 27 feet in height. 3. The sign be no more then 125 feet per side. 4. The conditional use permit will allow the temporary sign and also the relocation of the temporary sign to its permanent location. 5. Compliance with all applicable sign ordinance provisions. All voted in favor. 5 0( 1 0097 Council Minutes April 19, 1983 DOG GROOMING FACILITY - JEANNE ALLAN SILVER BELL SHOPPING CENTER The application of Jeanne Allan for conditional use permit for dog groom- ing facility located in the Silver Bell Shopping Center was brought before the Council. Ms. Allan was present and answered questions of the Council. Councilmembers were mainly concerned about the noise and also potential health problems. The APC recommended approval of the application. It was requested that the applicant discuss the proposed facility with the neighboring shop operators in Silver Bell Center. Thomas moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. The facility be used strictly for animal grooming and that no boarding of animals be authorized. 2. That the activity of the facility be limited to normal business hours, with a maximum closing time similar to other retail shops in the center, but not later than 9:00 p.m. All voted yes. McDONALD CORPORATION - DRIVE UP FACILITY An application for conditional use permit to allow drive-up facility for McDonalds Restaurant on Silver Bell Road was next presented. A representative from McDonalds was present and briefly explained the proposal which had been recommended for approval by the Advisory Planning Commission at its meeting on March 22, 1983. There being no objections, upon motion by Smith, seconded Egan, it was resolved that the application be approved subject to the follow- ing conditions: 1. The parking spaces shall be 10 feet x 20 feet. 2. Directional signs shall be installed designating entrance and exit to provide proper traffic circulation. 3. Drainage shall be improved according to plans approved by the City staff. All voted in favor. 6 00098 Council Minutes April 19, 1983 TOLLEFSON BUILDERS - SIDEYARD SETBACK The application of Tollefson Builders for five foot sideyard setback variance for Lot 11, Block 1, Brittany 4th Addition, was next considered. There was no appearance on behalf of the applicant and the Advisory Planning Commission at its regular meeting on March 22, 1983, recommended approval, subject to certain conditions. Upon motion by Smith, seconded Thomas, it was resolved that the application of Tollefson Builders be and it hereby is approved, subject to the following: 1. That either a 10 foot or 15 foot side setback be required from the easterly line of Lot 10, when the construction commences, depending on whether a garage or principal residence is located on that lot, closer to the property line. 2. Compliance with all other applicable ordinance provisions. All voted yes. TRI-LAND CO. REZONING - PRELIMINARY PLAT - SUNSET ADDITION The application of Tri-Land Co. for rezoning from R-1 to R-1 PD to allow deviation from R-1 zoning requirements and preliminary plat of Sunset Addi- tion, was then reviewed by the Council. A request from Brad Swenson on behalf of the applicant, that the Council authorize the withdrawal of the application was upon motion by Wachter, seconded Thomas, approved and authorized to be withdrawn. All voted yea. WINDTREE 3RD ADDITION - REZONING AND PRELIMINARY PLAT The application of Windtree Company, Richardson Properties, Inc., for rezoning from R-1 to R-1 PD to allow deviation from R-1 single family lot size requirements for Blocks 1, 2, and 3, Windtree 2nd Addition and for preliminary plat approval of Windtree 3rd Addition, came next before the Council. A request from the applicant that the application be continued until the May 3, 1983 regular meeting, was upon motion by Wachter, seconded Thomas, approved. All voted yes. CLARKSON PLACE - FINAL PLAT The application of Elmer Scott for final plat approval of Clarkson Place Addition on Highway ##3 was presented to the Council. The staff recommended approval and upon motion by Wachter, seconded Smith, it was resolved that the final plat of Clarkson Place be approved subject to compliance with all City requirements. All voted yes. R 83-18 SEE PLAT FILE 7 Council Minutes April 19, 1983 OAK CHASE 5TH ADDITION - FINAL PLAT The application of John Huston of Huston Engineering for final plat approval of Oak Chase 5th Addition was then directed to the Council for consideration. Staff recommended approval and upon motion by Egan, seconded Smith, it was resolved that the final plat of Oak Chase 5th Addition be approved, subject to compliance with necessary City requirements. All voted yea. R 83-19 SEE PLAT FILE LEMBKE ADDITION - FINAL PLAT The application of Werner Lembke for final plat approval of Lembke Addi- tion was next directed for Council review. Upon motion by Wachter, seconded Thomas, it was resolved that the recommendation of the staff for approval of the final plat be approved, subject to the compliance of all City Ordinance requirements. All voted in favor. R 83-20 SEE PLAT FILE OLDE CEDAR INN - ON-SALE WINE LICENSE David W. Mattes submitted an application on behalf of the Olde Cedar Inn, Inc. for an on-sale wine license for the Olde Cedar Inn on Cedarvale Boule- vard. Mr. Mattes was present and there being no objection, Smith moved, Thomas seconded the motion to approve the application subject to compliance with all City requirements. All voted in favor except Wachter who abstained. 3-1 COMPANY - PARKING SIZE POLICY DEVIATION A request was submitted by 3-M Company for a deviation from the parking stall size policy for their facility located at 3130 Lexington Ave. John Rudquist, Architect for 3-M, appeared as did Robert Owens, 3-M Transportation Engineer. It was noted that the building is being expanded by 18,000 square feet to house 50 more employees. Mr. Owen stated that he served on a National Parking Standards Committee for parking in employment centers, and reviewed the report presented by that Committee. He indicated that in 1985, 70% of the automobiles in the country will be down-sized automobiles, and in 1990, 85%. He reviewed the different sizes of parking stalls for employment centers, noting that they applied only where employee parking was in use and not public shopping center type. The report recommended down-sizing the spaces and also that parking be provided to permit future down-sizing. Currently, 3-M has 18 foot by 9 foot stalls at its Eagan facility, and is proposing 17 feet by 9 feet. The standard, according to this information throughout the country for employment type parking is 16 feet or 17 feet by 8.5 feet, noting the dis- tinction between parking and public shopping center types as opposed to em- ployee parking. Wachter moved, Thomas seconded the motion to authorize approval of the request for 9 foot by 17 foot parking for employee parking only, at the 3-M facility. All voted in favor. 8 Council Minutes April 19, 1983 PARKING POLICY STANDARDS After discussion by Councilmembers with Mr. Owens, Smith moved, Egan seconded the motion to adopt the standard of 9 foot by 17 foot minimum for parking in employment centers only, within the City of Eagan, as an amendment to the City Parking Policy. No other changes were made. All voted yes. TRANSFER OF TRUNK FUNDS The City Director of Finance, Eugene VanOverbeke, was present and re- viewed with staff members and the Council a detailed report resulting from a major reworking of the City trunk funds. Jerry Wobschall has been working on the assessment funds for about two years and has made numerous recommendations regarding the various funds. An outline was presented to the Council in the Finance Director's memorandum dated April 11, 1983 making recommendations for transfers of revenue from various funds, including storm sewer, sanitary sewer and water. A Resolution was submitted and after numerous questions and dis- cussion, Smith moved, Egan seconded the motion to adopt the Resolution sub- mitted to the Council dated April 19, 1983. All voted yes. R 83-21 CONTRACT #83-5 - PLANS AND SPECS - WATER TREATMENT PLANT STREETS AND UTILITIES The public hearing covering Project #371 regarding streets and utilities in the Water Treatment Plant area was held on April 5, 1983 and plans and specifications have now been submitted for approval. Wachter moved, Egan seconded the motion to approve the final detailed plans and specifications for Contract #83-5 (Project #371) and authorize the Clerk to advertise for bids to be opened at 10:30 a.m. on Thursday, May 19, 1983 at the City Hall. All voted yes. ST. FRANCIS WOOD 3RD ADDITION - PRELIMINARY PLAT EXTENSION A request from the developers of St. Francis Wood 3rd Addition for a twelve month extension of the preliminary plat for St. Francis Wood 3rd Addi- tion was upon motion by Smith, seconded Wachter, all members voting in favor, approved. 9 oU1101 Council Minutes April 19, 1983 HENRY BRUESTLE ASSESSMENTS The City Public Works Director, Tom Colbert, reviewed with the Council the assessments covering the Henry Bruestle property consisting of approxi- mately 9.7 acres on the west side of Pilot Knob Road near Englert Road. He noted that Mr. Bruestle had requested a Senior Citizen Deferment, but that now the City has been informed that Mr. Bruestle has divided the property, with two small parcels being split off from the acreage owned by Mr. Bruestle. It was recommended that the deferment be retained only on the lot where the Bruestle residence is located, and that the assessments on the other lots be re-levied to bring them up to the standard assessment level. It was noted that Mr. Bruestle had not acquired permission to split the lots, and in conformance with the City policy, the Council requested that staff to proceed on the basis of the recommendation, noting that a letter should be sent to Mr. Bruestle explaining the policy and the position of the City. ROBIN LANE - VACATION A request from Mr. and Mrs. Herb Bergstrom, the owners of property on Robin Lane, for vacation of a portion of the street in conjunction with the Agreement for the grant of easements by the Bergstroms on Robin Lane was discussed with the Council. Because the City had agreed to the vacation, and that it be done at City expense, Smith moved, Egan seconded the motion to accept the recommendation of the staff and that the hearing be scheduled on May 17, 1983 at 7:00 p.m. at City Hall for the vacation of a portion of Robin Lane, which vacation will be done at City expense. All voted yes. WALDEN HEIGHTS - GRADING PERMIT An application from Sienna Corporation for a permit to perform grading and excavation associated with the development of the Walden Heights subdivi- sion located south of Cliff Road and west of Twin View Manor Additions, was presented. The staff recommended approval and upon motion by Smith, seconded Wachter, it was resolved that the application be approved, subject to com- pliance with insurance and financial guarantee requirements of the City, as approved by the staff. All voted in favor. BLACKHAWK OAKS ADDITION - PROJECT #376 The City has received a signed Petition from the owner of the two parcels being platted into Blackhawk Oaks Addition, requesting the City to prepare a feasibility report for the installation of streets and utilities. It was noted that the Cy Barry property on the North will be benefitted by the improvements and it was uncertain as to whether Mr. Barry will consent to the assessment of his property for the improvements. This is a common problem - where one parcel is being developed adjacent to an undeveloped parcel. It was moved by Egan, seconded Thomas that the Council accept the Petition and order the feasibility report with the understanding that the Council may make a determination as to the method of proceeding on the project, depending on whether Mr. Barry will consent to the assessments for improvements on the land to the north of the Blackhawk Oaks Addition. All voted in favor. 10 Council Minutes April 19, 1983 SURFACE WATER MANAGEMENT ACT Tom Colbert explained that the City of Eagan is within the Gun Club Lake drainage basin as defined in the Minnesota Surface Water Management Act. By December 1983, the Act requires a Joint Powers Agreement with adjoining com- munities whereby communities will follow the City's Comprehensive Plans covering surface waters. It was recommended that the Council authorize the expenditure of up to $200.00 for the preparation ofa Joint Powers Agreement with several adjacent communities and upon motion by Blomquist, seconded Wachter, it was resolved that the request be approved. All voted yes. OUTLOT B - PILOT KNOB HEIGHTS 4TH ADDITION Councilmembers discussed with the staff and City Attorney, procedural alternatives by the City regarding the park land, consisting of Outlot B, Pilot Knob Heights 4th Addition. An appraisal ordered by the City Council from Mark Parranto was submitted, covering the parcel, employing standards for appraisal. After discussion concerning various alternates, Smith moved, Thomas seconded the motion'to authorize the staff to negotiate with Dan Rongrud and the other alleged owners of the property, in order to avoid litigation, with the understanding, however, that the position of the City Council is that the City owns the property, noting that negotiation would be desirable in order to avoid potential litigation over the ownership of the parcel. All voted in favor. STATE OF THE CITY MEETING The Dakota County Chamber of Commerce has scheduled a State of the City meeting for the City of Eagan on April 21, 1983 at the Lost Spur Country Club. Mr. Hedges explained the status of the Eagan Committee, which is a branch of the Chamber of Commerce and the functions with which it is intended to be involved. STATE AID BILL LEGISLATION ADVISOR Mayor Blomquist stated that she has been working with the Mayors and Managers of Bloomington and Burnsville on a joint powers basis to acquire a lobbyist for the balance of the 1983 Legislative Session, concerning State Aids for the three cities. She noted the potential impact upon the City and Egan moved, Wachter seconded the motion to authorize the City Administrator and Mayor to proceed to hire a lobbyist primarily dealing with the State Aid bill before the 1983 Legislative session. All voted yes. 11 Council Minutes April 19, 1983 BLACKBAWK ROAD EASEMENTS City Public Works Director Colbert explained to the Council the problems that are being encountered with the acqusition of necessary easements for the improvement of Blackhawk Road between I-35E and Diffley Road. He noted that the grade of proposed Blackhawk Road will affect the driveways and lots of several single family residential property owners and that in light of the amount of the assessments being proposed to be levied against several of the properties, he expects that it will be necessay to commence condemnation of the acquisition of the necessary right-of-way. Councilmembers recommended that the staff and Public Works Committee members Wachter and Thomas meet with property owners on Blackhawk Road on Tuesday, April 26, 1983 at 6:30 p.m. at the police building to discuss various alternatives for the alignment of Blackhawk Road. Upon motion by Egan, seconded Smith, it was resolved that the City Council be on record recommending further negotiations with the property owners for the acquisition of the right-of-way and in the event that it becomes necessary to do so, that the staff be directed and authorized to commence necessary condemnation for the acquisition of the right-of-way for Blackhawk Road and further, that the staff be authorized to acquire an appraiser for the road right-of-way acquisition. All members voted yes. CHECKLIST Upon motion by Thomas, seconded Egan, it was resolved that the following Checklistsbe approved, dated: March 31 and April 19, 1983 All voted yea. ADJOURNMENT Upon motion made and seconded, the meeting adjourned at 11:40 p.m. All voted in favor. PHH ~lM City l rk 12