Loading...
12/18/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL t 4 EAGAN, MINNESOTA DECEMBER 18, 1984 A regular meeting of the Eagan City Council was held on Tuesday, December 18, 1984, at 6:30 p.m. at the Eagan Municipal Center. All members were present. Also present were Consulting Engineers Mark Hanson and Bob Rosene, Public Works Director Colbert, City Administrator Hedges, City Planner Runkle and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the Agenda with the understanding that the policy designating street classification systems will be scheduled for a separate council meeting agenda. All members voted in favor. MINUTES December 4, 1984 _ Regular Meeting. Upon motion by Wachter, seconded Blomquist, it was resolved that minutes from the regular meeting of December 4, 191:4 be approved with the exception on page 7 concerning Blackhawk Townhcuse Project, that Mayor Blomquist opposed it, because she was concerned about the impact upon the property owners and the noise level that the freeway would have on the new plat. All members voted yes. December 11, 1984 _ Special Meeting. Upon motion by Egan, seconded Thomas, it was resolved that the Minutes be approved. All voted yes. POLICE DEPARTMENT Police Chief, Jay Berthe, was present and discussed with the Council the impact of the most recent Snow Plowing Ordinance upon the residents in the City. He indicated that about 400 warning letters were issued between November 15 and December 2, and that citations have continuously reduced in number since citations first were issued on December 2, 1984. EAGAN SNOWMOBILE CLUB Park Director, Ken Vraa, was present and discussed with the Council the request of the Eagan Snowmobile Club to utilize the Highline Trail and the boulevard on Johnny Cake Ridge Road, south of Cliff Road for snowmobile trails. He indicated that the Advisory Park and Recreation Commission reviewed the request and recommended the Highline Trail be allowed for snow- mobiles but the City not designate the use of the Blackhawk Road trail and sidewalk as an approved snowmobile trail. Smith moved, Thomas seconded the motion to approve and authorize the implementation of the Park Committee recommendations. All members voted affirmatively. 1 Council Minutes December 18, 1984 PUBLIC WORKS DEPARTMENT I-35E Plan Review. Tom Colbert, the Public Works Director, was present and discussed with the Council the installation of right-of-way fencing and surfacing from Cedar Avenue interchange to Lone Oak Road. He noted that the right-of-way fence being constructed along the west right-of-way line of I-35E adjacent to Hillandale No. 2 Addition indicates the fence will be located at the bottom of the townhouse development side of the noise berm constructed in conjunction with I-35E. He stated that the Federal Highway Administration will not approve the request for relocation of the fence line to the top of the noise berm to provide the green space to be maintained by the Lakewood Homes Development (Hillandale Addition No. 2) due to the fact that the State had to purchase the property from the then property owner and will not change the location of the fence unless repurchased by the existing adjacent property owner. Members discussed the issue and asked the Public Works Director to pursue the relocation with MnDOT and the FHA. CONSENT AGENDA The following consent agenda issues were presented to the City Council members and recommendations were made by the City staff for approval: 1. Contractor Licenses. A list of contractors who had applied for approval of licenses in the City was presented and recommended to be approved. 2. 1985 Consulting Engineering Rates. A proposed rate schedule submitted by Bonestroo, Rosene, Anderlik & Assoc. was reviewed by the City Council and the Public Works Director recommended it be approved. 3. Personnel Items. It was recommended the list of part-time winter recreation leaders and salary schedules be approved for 1984-85. 4. Squad Car Bids. The City has received the Hennepin County bid for the 1985 Patrol Cars from Elk River Ford and it was recommended that four squad cars be purchased for a total cost of $46,052.00 from the 1985 Budget. 5. Town Center 70 & Town Center 100 Additions - Feasibilit Report - Project 4429. The City has received a petition from Federal Land Company requesting the preparation of a feasibility report along with detailed plans and specifications for the installation of streets and utilities to service the Town Center 70 and Town Center 100 Additions, which incorporates the 170 acres of commercial development south of Yankee Doodle Road between Pilot Knob Road and Lexington Avenue. It was recommended the Petition be received and the report be authorized. 2 Council Minutes December 18, 1984 6. Rose Hill Addition - Contract #84-12. It was recommended that the Council approve the third and final payment to Widmer Brothers, Inc. in the amount of $23,447.85 for Contract #84-12 for the installation of streets and utilities to the Rose Hill Addition and to accept the project for perpetual maintenance. 7. Nicols Road - MSAS Designation. A proposed Resolution was submitted to the City Council and staff recommended it be approved providing for 1.5 miles from Cliff Road to Beau D'Rue Drive to be designated as Municipal State Aid Street. 8. Westbury 1st and 2nd Additions - Project #396. The Public Works Director recommended that although the contractor had severely unbalanced bids, the assessment roll be accepted because of negotiations with the developer and that the final assessment hearing be scheduled for January 15; 1985 at 7:00 p.m. at the Eagan City Municipal Center. 9. Lexington Square Addition - Project #401. The final assessment roll for Project #401 consisting of Lexington Square trunk sanitary storm sewer improvements was presented to the Council and it was recommended that the Council receive the roll and schedule a final assessment hearing for January 15, 1985 at 7:00 p.m. at the Eagan Municipal Center. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items as presented, be approved and authorized to be imple- mented. All members voted yes. ADDITIONAL CONSENT AGENDA 1. Blackhawk Road - MWCC Excavation Permit. An application had been received from the Metropolitan Waste Control Commission for excavation/fill permit to dispose of excess material that has been accumulating in its ash disposal basin near the Seneca Waste Water Treatment Plant. The staff recom- mended approval, subject to compliance with City requirements. 2. Lexington Avenue - Trunk Water Main - Project #3951. The final assessment roll regarding Project #3951 covering trunk water main along Lexington Avenue was presented to the Council and the staff recommended that the roll be received and that the final assessment hearing be scheduled for January 15, 1985 at the Eagan Municipal Center at 7:00 p.m. 3. Shoreland Zoning Ordinance Resolution. The City Attorney's office presented a Resolution providing for the publication of a title and summary of the Shoreland Zoning Ordinance in order to avoid printing the Ordinance in its complete draft. It was recommended that the Resolution be adopted. Wachter moved, Egan seconded the motion to approve the above consent agenda items. All voted in favor. 3 Council Minutes December 18, 1984 CEDAR GROVE 3rd, 4th & 5th ADDITIONS - PROJECT #413 STREET CONSTRUCTION Mayor Bea Blomquist convened the public hearing regarding Project #413 consisting of street reconstruction proposed for Cedar Grove 3rd, 4th and 5th Additions. City Administrator Tom Hedges introduced the topic and Public Works Director Tom Colbert reviewed the preliminary report in detail. Mr. Hedges explained the reasons for the public hearing, including the hearing held on December 4, 1984, regarding Cedar Grove 3rd and 5th Additions with no action being taken that evening. Mayor Blomquist indicated that Cedar Grove 5th Addition will be heard first, and the 3rd and 4th Additions will be then reviewed and discussed later in the hearing. Henry Peterson, a property owner in the Cedar Grove 5th Addition had a question about the Agenda. Councilman Smith indicated that a letter, which he understood had been written by Mr. Peterson, stating Mr. Smith favored the project was not accurate and that Councilman Smith had stated emphatically that he had not made up his mind prior to the hearing as to whether the improvements should be installed or not. Questions were asked from a number of affected property owners and a hand count, directed by the Mayor, indicated two owners in favor and the vast majority were opposed, who were present at the hearing. Councilman Egan moved to close the hearing and to deny the project based upon the large opposition to the project, and Wachter seconded the motion. Councilman Wachter recommended a written referendum to get an accurate indication of whether the affected owners favored or opposed the project. Councilman Egan noted that the costs will increase but the people seem to be willing to assume the risks, so it's therefore a matter of timing as to when the improvements will take place. All members voted yes. The Mayor at 7:25 p.m. convened the hearing concerning Cedar Grove 3rd and 4th Additions and Mr. Colbert then explained the project with a slide demonstration, in some detail. He also discussed the service road along Nicols Road. He noted that the estimated costs are $2,100.00 per lot in the 4th Addition, if the 3rd, 4th and 5th Additions streets were all recon- structed. Without the 5th Addition, the estimated cost is about $2,000.00 per lot in the 3rd and 4th Additions. A large number of resident property owners were present with questions and one was concerned about the accuracy of the estimates. There were also concerns about the assessment methods from certain owners present. A question arose whether, if a parcel on the Nicols Service Road is assessed in this project, whether it would be assessed at the time of upgrading of Nicols Road. It was noted that the policy of the Council at the present time is that property owners on a service road would only be assessed for one improvement. Some persons spoke in favor and others spoke against the project. With a hand count of all persons present, 18 were in favor and 25 were opposed with 1 no opinion. There are 362 lots in the two subdivisions. 4 Council Minutes December 18, 1984 A hand count in the Cedar Grove 3rd Addition indicated 1 in favor and a large majority opposing the project. Cedar Grove 4th Addition indicated 16 in favor and 14 opposed with 191 total lots, and 171 total lots in Cedar Grove 3rd Addition. Smith then moved, Thomas seconded the motion to close the hearing regarding Cedar Grove 3rd Addition and to deny the implementation of the project. All members voted affirmatively. Councilman Wachter suggested a referendum in Cedar Grove 4th Addition because of a lack of definite consensus. Mayor Blomquist recommended continuing the hearing until a January meeting in 1985 and solicit written responses. There were concerns about whether written responses would offer adequate information to homeowners unless they had a chance to be present at a formal hearing. At 9:00 p.m. Thomas moved, Egan seconded the motion to continue the hearing for the Cedar Grove 4th Addition only, until the January 15, 1985 regular meeting at 7:00 p.m. at the City Municipal Center. All members voted yes except Wachter who voted no. The City Administrator was requested to require as much media coverage as possible and suggested another letter of explanation be sent to the property owners. SLATERS ACRES - PROJECT #419 - STREETS & UTILITIES PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding the street and utility improvements to Slaters Acres and Mr. Colbert and Mr. Rosene reviewed the feasibility report. A petition had been received from property owners in Slaters Acres requesting a feasibility report. Representatives of Richard Hilla Construction Co. was present as were other neighboring owners. There were no objections from neighboring owners but questions about the assessment spread with a recommendation that the spread be 15 years rather than 10 years. Mr. Colbert indicated that easements will be required and that cost estimates do not include the cost for easement acquisition. The owners of Lots 5, 6, and 7 of Slaters Acres that would be affected by easement acquisitions were not present. After discussion, Egan moved, Smith seconded the motion to close the hearing and to order in the project and to authorize the preparation of plans and specifications. All members voted in favor. I-35E - WEST SERVICE ROAD - RIGHT-OF-WAY VACATION The next hearing convened by the Mayor concerned the vacation of the southerly 250 feet of the West Service Road (Center Court) at the interchange by I-35E and Lone Oak Road. Mr. Colbert explained the project and there were no objections to the vacation. He indicated that an easement has been acquired dedicating to the City a utility easement over that portion of the roadway to be dedicated. Egan moved, Wachter seconded the motion to close the hearing and to approve the vacation and to authorize the execution of the related documents. All voted yes. 5 Council Minutes December 18, 1984 1985 CITY BUDGET The City Administrator reviewed with the Council and the audience the proposed 1985 City Budget covering general government, public safety, public works, park and recreation and other expenses. A comparative summary of expenses for the years 1982 through 1985 were reviewed and there were no questions from the audience. Wachter moved, Thomas seconded the motion to approve the 1985 General Fund and Public Enterprise Fund Budgets as presented. All voted in favor. HARDEES - CONDITIONAL USE PERMIT - PYLON SIGN An application from Hardees, Inc. for conditional use permit to use 'a pylon sign for the Hardees Restaurant at Cliff Road and Nicols Road was presented to the Council. A conditional use permit for pylon sign was approved in 1981 but not utilized. The Advisory Planning Commission recom- mended approval of the application, subject to certain conditions. A repre- sentative of Hardees was present and requested that the appendage be included, which would exceed the Code maximum size requirements, but they would remove the sign in front of the building. Thomas moved, Smith seconded the motion to approve the application, including the appendage, provided that all canvas signs be removed from the roof of the building; further, subject to the following condition: 1. The sign shall be at least 10 feet from any right-of-way line. 2. The size of the sign shall not exceed 125 square feet of sign area per side. 3. The existing ground sign shall be removed. 4. The location and lighting of the sign shall not cause any obstruc- tion of driver's vision. All voted yes. FLOYD DEAN - WAIVER OF PLAT - COUNTRY HOME HEIGHTS The City Administrator introduced the application and Mr. Runkle detailed the application of Floyd Dean for waiver of plat to adjust the lot line between Lots 14 and 15, Block 5, Country Home Heights. Mr. Runkle stated that certain questions were raised by the Chief Building Inspector about the pro- posed builder on the residual lot. Mr. Dean was present and favored the application. Smith moved, Wachter seconded the motion to approve the applica- tion subject to complying with all City requirements. All members voted yes except Egan who abstained. 6 Council Minutes December 18, 1984 WHISPERING WOODS - REZONING & PRELIMINARY PLAT The application of Hilla Construction Company for rezoning from A to R-1 and preliminary plat approval consisting of approximately 3.8 acres and con- taining 10 single family lots was next heard. The Advisory Planning Commis- sion recommended at its November 27, 1984 meeting to approve the application, subject to certain conditions. The Commission recommended a turn-around be provided for Lots 9 and 10, that Outlot A include a signed Purchase Agreement prior to final plat for attaching it to one of the existing lots in Slaters Acres, or be added as part of Lot 4 of the preliminary plat of Whispering Woods and that the City vacate a portion of the 100 foot right-of-way for Slaters Road. He further discussed the proposed variances due to the road width and the option for variance or vacation of a portion of the right-of- way. It was noted that Outlet A is not needed for road right-of-way under the present proposal, and that the State may authorize vacation of part of the right-of-way. Smith moved, Wachter seconded the motion to approve the appli- cation for rezoning. All members voted in favor. Egan then moved, Thomas seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. A detailed grading, drainage, erosion, and sediment control plan shall be submitted to the City for review and approval by City staff. 2. Outlot A shall be platted as part of Lot 4 unless at the time of final plat approval, a purchase agreement is presented to the City showing purchase of Outlot A by the owner of the lot behind the proposed plat and adjacent to Outlot A. 3. This development shall be responsible for the trunk area storm sewer assessment at the rate in effect at the time of the final plat. 4. The developer shall provide to the City all requested utility and drainage easements 10 feet in width adjoining all streets and 5 feet in width adjoining side and rear lot lines, and the developer will provide at his own cost, 20 foot wide utility easements for public utilities not constructed within the street right-of-way. 5. The grading limits and area of woods to be preserved shall be adjusted according to the setback variance allowances. 6. No driveway access shall be allowed to Slater Road from Lots 1 through 8. 7. Lots 9 and 10 shall have turn-around driveways constructed in con- nection with the construction of the dwellings on those lots in order to preclude backing of vehicles on to Slater Road. 7 Council Minutes December 18, 1984 8. The owner shall execute all necessary documents with the City in all respects if the City vacates part of the right-of-way along Slater Road. All councilmembers voted in the affirmative. SEE PLAT FILE PILOT KNOB SHOPPING CENTER - REZONING The application of Federal Land Company to rezone 20 acres from R-4 to CSC on the north side of Duckwood Drive and west of Denmark Avenue was next heard. The Advisory Planning Commission recommended approval. Dale Runkle detailed the proposal, noting an application had been submitted in 1979 to 1980 for rezoning, which was denied. Vernon Colon and other representatives of the applicant were present and Mr. Colon stated that the intention was to consolidate a 70 acre parcel. There were no objections to the application, and after discussion, Wachter moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. Federal Land Company shall apply to the City within the next two years, a viable preliminary plat similar to the concept plan presentee which shall set forth the proposed use of the land and adjacent areas previously zoned Community Shopping Center. 2. If such a preliminary plat is not approved, the zoning shall revert to R-4 for purposes of future development. All members voted yes. CEDAR CLIFF COMMERCIAL PARK ADDITION - VARIANCE FOR GAS PUMPS An application was submitted by Federal Land Company for variance to allow gas pumps on an approximately 4.5 acre parcel located on Lot 1, Block 2, Cedar Cliff Commercial Addition. The Advisory Planning Commission recommended denial of the application for reasons indicated in its minutes. The sale of gas must accompany minor service to a vehicle under the Neighborhood Business District category. The Advisory Planning Commission noted that the ordinance does not allow gas pumps without service bays which were not being proposed in the application. Martin Colon appeared for the applicant and presented a graphic layout of service stations without service bays in the general area. He indicated that Tom Thumb will not enter into a lease without gas pumps in the Cedar Cliff Commercial Park. He stated that the gas pumps will not be visible to the neighboring residents and further, that the pumps would perform a service to the area. Steve Darling, a neighboring property owner, appeared and reviewed the background, indicating the neighboring residential owners generally opposed the gas pumps. 8 Council Minutes December 18, 1984 Councilman Egan stated that a committment had been made to the neighbors to construct the commercial addition without gas pumps. He reviewed the Planning Commission member's comments in opposition to the application, and recommended that the Council not deviate from its long-standing policy requiring service stations to have service bays. Wachter moved, Egan seconded the motion to deny the application for reasons including those above and the fact that no hardship was present, there does not appear to be sufficient service bays in the City and that the City ordinance does not allow gas pumps without service bays and that the policy of the Council has been to deny the applications and has done so with a number of other applications. All members voted yes. EAGANDALE INDUSTRIAL PARK NO. 7 - REZONING & PRELIMINARY PLAT The application of Alscor and Northwestern Mutual Life Insurance Co. to rezone from RD (Research and Development) to LI (Light Industrial District) and preliminary plat consisting of three lots located east of Burnside Avenue and south of Avalon Avenue was presented to the Council. The Advisory Plan- ning Commission at its public hearing on November 27, 1984 recommended denial of the rezoning application, but approval of the site plan and preliminary plat, and approval of variance allowing lot coverage of 30% rather than the allowable 20% maximum. Dale Runkle described the application, including the application to rezone Lots 2 - 7, Block 4, Eagandale Center Industrial Park from RL to I-1 and the preliminary plat application covering 13 acres with 3 lots. Lot 1 would be an expansion of Elliott Auto Company, with office/ware- house facilities with 86,000 square feet per lot, for lots 2 and 3. The land is zoned RD with buffer along the existing residential Country Home Heights Addition west of Burnside Avenue. The request is for higher lot coverage in consideration for the site design. Proposed landscaping and berming would be included along Burnside, plus landscaping adjacent to the building. One story building would be the maximum allowed in the area with no access from Burnside. Bob Worthington and other representatives appeared on behalf of Opus Corporation and the developer. There were no objections. Mr. Worthington indicated that the applicant had no objection to the recommendations of the APC, that truck access could only be on the east side of the buildings and had proposed I-1 zoning to be consistent with the land adjacent to the Eagandale Industrial Park, but that the Planning Commission was concerned about the controls under the land uses. Councilman Egan moved, Wachter seconded the motion to approve the application for variance for lot coverage and further, for preliminary plat approval, subject to the following conditions, noting that no zoning change would take place: 1. The property shall be developed according to the concept plan sub- mitted to the Advisory Planning Commission relating only to the two lots contained in the platted portion of the proposal, including the access as shown on the concept plan, the berming and screening as shown on the concept plan, and the building height of one story, and no deviations from the concept plan of the two lots at the north of the area shall be allowed except as approved by the City of Eagan. 9 Council Minutes December 18, 1984 2. A detailed landscape plan shall be approved and reviewed by the City and representatives of Country Homes Heights, and an adequate landscape bond shall be submitted for City approval and not released until one year after the landscaping is completed. 3. A detailed lighting plan shall be submitted and reviewed by City staff in order that the lighting is not intrusive to the existing residential neighborhood. 4. All other City ordinances shall be adhered to. 5. Existing storm sewer systems servicing Burnside Avenue and the proposed future development shall be extended and connected to the existing system in Eagandale Blvd. and all costs associated with the storm sewer exten- sion shall be the responsibility of this development. 6. The acquisition and dedication of all required utility easements for the storm sewer system extension to Eagandale Blvd. shall be the responsi- bility of this development, and all other required standard easements shall be dedicated on the final plat. 7. A cross easement for the common driveway shall be approved by the City and recorded at the City providing full right to all benefited lots as a condition of final plat approval. 8. Detailed erosion control/restoration plans, and specifications shall be approved by the City prior to the issuance of any building permit. 9. That a variance allowing up to 30% lot coverage is granted by the City of Eagan, with R & D zoning. All members voted yes. SEE PLAT FILE RAHNCLIFF 2ND ADDITION - REZONING An application of M. G. Astleford to rezone Outlot B Rahncliff, consist- ing of 5.7 acres from RB to LB to allow a 65,000 square foot office building was brought before the Council. The Advisory Planning Commission recommended approval of the rezoning, subject to it being limited to office building use only for Rahncliff 2nd Addition. There were no objections to the application, and after explanation by the City Planner, Egan moved, Thomas seconded the motion to approve the application, subject to exclusive use of the property for office building purposes only. All members voted in favor. 10 Council Minutes December 18, 1984 ROYAL OAKS CIRCLE - PRELIMINARY PLAT The application of Asp Construction Co. for preliminary plat approval consisting of approximately 21 acres and containing 297 apartment dwelling units to be called Royal Oaks Circle, came before the Council for considera- tion. The project is located north of Violet Lane and west of Federal Drive and the Advisory Planning Commission recommended approval with certain condi- tions attached. There was discussion concerning the parking, and a question was asked about internal access. Mr. Colbert recommended direct underground parking access to Federal Drive, rather than a short service road along Federal Drive. There being no opposition, Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The existing wooded area along the north property line shall remain intact. 2. That building heights shall conform to the heights shown on the site plan. 3. If the parking ratio is reduced to a 2 per unit ratio, then each unit's rental shall be tied to a specific indoor parking stall. 4. A detailed landscape plan showing plant species, size, and location, plus the provision of recreational facilities shall be submitted for staff approval. 5. The preliminary plat approval shall be subject to the filing of an approved environmental assessment worksheet. 6. All surface water drainage generated from this development shall be conveyed by way of a storm sewer system to Pond CP-l in the northwest or JP-2 to the south as a condition of final plat approval. 7. The finished grading of this development shall not result in slopes steeper than 3 to 1, and an adequate erosion control /restoration plan must be approved by the City prior to final plat approval. 8. All parking lots shall provide an access to the internal loop private drive with internal raised concrete curb medians being constructed where required by staff. 9. This development shall be responsible for the acquisition and dedi- cation of all required utility easements necessary to service this development with the required utilities in addition to the normal lot line utility ease- ment dedications. 11 Council Minutes December 18, 1984 10. Violet Lane shall be upgraded to its ultimate City standards from Federal Drive to approximately 300 feet west, adjacent to this development, or its future projected assessment liabilities must be prepaid as a condition of final plat approval. 11. A lighting plan shall be submitted to the City staff for review and approval. All members voted yea. SEE PLAT FILE WINDTREE DEVELOPMENT - SIGN PERMIT An application of Thorpe Brothers, Inc. for special permit for the Windtree residential development to allow a temporary advertising sign to be located at the southeast corner of Yankee Doodle Road and Elrene Road was brought before the Council. The request was for a temporary advertising sign for the promotion of Windtree residential development, and it was noted that the development has an on-site sign with two off-site signs at the present time. The City Council has limited previous subdivisions to two off-site signs and it was recommended that the policy be continued. Wachter moved, Egan seconded the motion to approve the special permit for temporary adver- tising sign, subject to the following conditions: 1. The sign shall be set back a minimum of 20 feet from any right-of- way or property line. 2. A maximum 2 year limitation with sign permit renewal after the first year shall be allowed. 3. All other applicable City ordinances shall be adhered to. 4. The existing ground sign located at Elrene and Pilot Road Roads shall be removed. 5. Only two off-site signs shall be allowed for this development. All voted yes. RICHARD NORDLAND - INDUSTRIAL REVENUE RESOLUTION The final resolution for industrial revenue bonds for Richard Nordland in the amount of $500,000.00 was submitted for approval by the Council. After review by the staff, upon motion by Smith, seconded Thomas, it was resolved that the final resolution for the industrial revenue bonds be approved, sub- ject to compliance with all necessary requirements. All voted in favor. 12 'r' t'NVp, Council Minutes December 18, 1984 BLOOMINGTON PROPERTIES - ROAD MACHINERY - IR FINANCING The application for approval of the final resolution for industrial revenue bonds for Bloomington Properties (Road Machinery) in the amount of $2,500,000.00 was submitted to the Council for final approval. There were no objections and upon motion by Egan, seconded Wachter, it was resolved that the final resolution be and it hereby is approu ed, subject to compliance with all necessary city requirements. All voted affirmatively. RICHARD W. ANDERSON, INC. - IR FINANCING The final resolution for industrial revenue bonds for Richard W. Anderson, Inc. in the amount of $3,500,000.00 was submitted to the Council for review. The City Administrator, Tom Hedges, indicated that the legal counsel for Richard W. Anderson contacted him and stated that the bonds had not been placed with a financial institution, and therefore, he recommended no action. There was discussion as to whether the Council should commit 1985 industrial revenue allocations and Councilmembers indicated that they could not do so at the present time. Upon motion by Thomas, seconded Egan, it was resolved that the consideration of the final resolution be continued indefinitely, without committment toward the City's 1985 Industrial Revenue Fund allocation. All voted yea. 1985 G.O. REFUNDING BOND ISSUE The City Administrator reviewed a recommendation to issue $5,500,000.00 in general obligation refunding improvement bonds for 1985 relating to Eagan Series A and Series B bonds in 1981. Miller & Schroeder Municipals and Faegre and Benson requested postponement of the advance refunding sale by at least 30 days for several reasons outlined to the City Council. Steve Emerson of Miller & Schroeder was present and upon motion by Wachter, seconded Egan, it was resolved that the action on the refunding issue be continued indefinitely. All members voted yes. N.O.I.S.E. MEMBERSHIP Mayor Blomquist had earlier discussed with the Councilmembers the possible proposed membership of the City with the National Organization to Insure a Sound-Controlled Environment, headquartered in Washington D. C. It was noted the membership cost is $500.00 per year and the organization concen- trates on air traffic noise, allowing the City to monitor actions being taken by communities throughout the country regarding the reduction of air traffic noise in other cities. After discussion, Thomas moved, Egan seconded the motion to approve the membership on behalf of the City of Eagan. All members voted in favor. 13 Council Minutes December 18, 1984 CINNAMON RIDGE - INTEREST RATE REDUCTION APPLICATION The City of Eagan has received an application for an interest rate reduc- tion program from the Can-American Realty Corporation for the Cinnamon Ridge multi-family housing project. The City Administrator stated that it would be necessary for the City Council to suspend the City Council meeting and recon- vene as an HRA to deal with the application. EAGAN HRA MEETING Egan moved, Thomas seconded the motion to adjourn the City Council meeting temporarily and convene as the Eagan HRA. All members voted in favor. A Memorandum from Miller & Schroeder dated December 17, concerning tax increment supported interest rate reduction programs was briefly reviewed and it was noted that a tax increment plan would be required in order to proceed. Blomquist moved, Thomas seconded the motion to direct the HRA Executive Director to prepare a tax increment plan according to guidelines provided under Minnesota Law, and further address the policies that relate to the City. Councilran Wachter spoke in opposition indicating that he did not feel that tax inc -'event financing was in the best interest of the City. Councilman Smith stated that the important issue concerns actual computations as they relate to the City. All members voted in favor except Wachter who voted no. Upon motion by Egan, seconded Wachter, it was resolved that the HRA meeting be adjourned and the City Council reconvened. All Councilmembers voted yes. RICHARD'S FOOD AND LIQUOR Richard and Maureen Stariha, the owners of Richard's Food and Liquor on County Road 30 and Highway #3, appeared and requested approval of the City Council to refund the $1,600.00 one-half year on-sale liquor license fee that they had paid in July of 1984 for the last half of 1984's license for Richard's Food and Liquor. They indicated that they are now ready to open the restaurant after having had legal complications in the purchase. It was noted that Stanley Lynn had paid the license fee for the entire year of 1984 but had operated only half of the year. After discussion, noting the delay in closing of the purchase and the opening of the restaurant, Smith moved, Thomas seconded the motion to refund the fee for that portion of the year unused in which the restaurant was not open, upon the condition that in the event the City is requested to refund any portion of the on-sale license fee to Stanley Lynn, that Mr. and Mrs. Stariha will then be required to repay any of the refunded portion that the City otherwise would be required to pay to Stanley Lynn to the City, and further, that the Starihas be authorized to open the restaurant for the last two weeks of December, 1984 on a pro-rated license fee basis. All members voted yes. 14 Council Minutes December 18, 1984 N.C.R. INDUSTRIES Rocky Walton and other representatives of N.C.R. Industries, a contract- ing firm, appeared and stated that N.C.R. had applied for a building con- tractor's license through the City, but the license had not been approved. Mr. Hedges indicated that he understood the Chief Building Inspector had recommended against the license because of lack of submission of necessary information, but did not know specific reasons for refusal to grant the license. Mr. Walton indicated that it was important to proceed immediately with the construction of a home. Egan moved, Wachter seconded the motion to schedule the request for the license on the January 2, 1985 City Council agenda and request that the Chief Building Inspector prepare a report for the Council to be ready at least one week prior to the Council meeting, so that the Councilmembers can review the report. All members voted yes. BLACKHAWK TOWNHOUSE PROJECT - MULTI-FAMILY HOUSING REVENUE BONDS Mr. Hedges stated that a request had been made by the developer of the Blackha.ak Townhouse Project that the Council reconsider the motion for approval regarding the application for multi-family housing revenue bonds for the project. He stated that if there is no motion to reconsider by a council member authorized to do so, then the applicant would be required to submit a new application to the City. Mayor Blomquist stated she opposed the project until the noise issues within the plat are dealt with and the plans revised. Smith moved, Egan seconded the motion to schedule a public hearing on the revenue bonds for January 15, 1984 at 7:00 p.m. at the Eagan City Municipal Center, conditioned however, upon submission of a new application in com- pliance with all necessary requirements. Smith, Thomas and Egan voted yes; Blomquist and Wachter voted no. ADVISORY COMMITTEE APPOINTMENTS The City received a letter from the League of Women Voters of Northern Dakota County suggesting: 1) that a membership application be used for all Board and Commission applicants, and 2) that the approval of each appointment be in the form of a Resolution. Councilmembers indicated that they felt the process is open and that the Council does in each case, adopt a resolution incorporated into the minutes approving the persons appointed to the Advisory Committees. In addition, a detailed interview process takes place and there are ordinances governing the City requirements. The City Administrator was requested to respond to the League's recommendations. 15 Council Minutes December 18, 1984 MAMA COMPARABLE WORTH PROGRAM Mr. Hedges discussed with the Council a MAMA sponsored Control Data Corporation program for comparable worth which would cost the City about $3,000.00. He recommended that because of the current requirements, the Council approve a letter of intent to join the MAMA Comparable Worth Program. Smith moved, Thomas seconded the motion to authorize membership according to the recommendations. All voted in favor. ADVISORY COMMITTEE APPOINTMENTS - ADVISORY COMMITTEE MEETINGS Councilmembers discussed the information that it has received from resi- dents and members of the Advisory Commissions, including the Advisory Planning Commission and Advisory Park and Recreation Commission, indicating that meetings were becoming extremely lengthy and complaints have been received by Councilmembers. In order to avoid inconveniencing applicants and neighboring property owners affected by applications before the Commission, Blomquist moved, Thomas seconded the motion to request that the meetings of the Advisory Committees be adjourned by 11:00 p.m. on the evenings of their regular and special meetings. All members voted in favor. S & W INDUSTRIAL ACRES - FEASIBILITY REPORT A petition has been received from the developers of the S & W Industrial Acres Addition located at the present E-Z Mini Storage facility at old Trunk Highway #13 and Cedar Avenue freeway for street and utility improvements. Egan moved, Wachter seconded the motion to receive the petition and authorize the preparation of the feasibility report and detailed plans and specifica- tions. All members voted yes. SEWER AND WATER RATE STUDY The Administrator was requested to place the consideration of the 1985 sewer and water rate study on the January 2, 1985 council agenda. CABLE COMMISSION BUDGET Councilman Smith recommended to the Council that it authorize the advancement of the sum of $47,560.00 toward the 1985 Budget for the Joint Burnsville/Eagan Cable Commission. Smith moved, Egan seconded the motion to approve the recommendation. All voted in favor. 16 Council Minutes r December 18, 19814 CHECKLIST The following checklist was submitted to the Council for approval. Thomas moved, Blomquist seconded the motion to approve the checklist dated December 18, 1984 in the amount of $777,795.35 and November 30, 19811 in the amount of $611,999.75. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40 p.m. All voted yes. PHH City rk 17