Loading...
11/06/1985 - City Council Regular a MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 6, 1985 A regular meeting of the Eagan City Council was held on Wednesday, November 6, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Bob Rosene, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Smith seconded the motion to approve the Agenda. All voted yea. MINUTES October 15, 1985 - Regular Meeting. Upon motion by Wachter, seconded Egan, it was resolved that the Minutes of the October 15, 1985 regular City Council meeting be and hereby are approved as distributed. All voted yes. October 7, 1985. Thomas moved, Wachter seconded the motion to approve the minutes with the exception on page 1 concerning the Comprehensive Plan Update that the increased population in the City may account for some of this differential. '.11 voted in favor. ROSEMOUNT HIGH SCHOOL & VALLEY MIDDLE SCHOOL EXCELLENCE IN EDUCATION PROCLAMATION On Wednesday, November 13, 1985, Rosemount High School and Valley Middle School will each receive a plaque recognizing them for Excellence in Education and Tom Wilson, the Principal at Rosemount High School was present in the audience. Mayor Blomquist proclaimed Wednesday, November 13 as Excellence in Education Day in Eagan, and Tom Wilson accepted the Proclamation and made some comments regarding the award being presented in Washington D. C. to the two schools. 1985 G.O. IMPROVEMENT BONDS - $9,500,000 City Administrator Tom Hedges stated that the bids were received for the $9,500,000.00 general obligation improvement bonds for the City of Eagan for 1985 and introduced Ernie Clark of Miller & Schroeder Financial, Inc. who reviewed the bids and stated the low bid was from Norwest Investment Services with the net interest cost of 7.34452%. He compared the interest cost with 1 Council Minutes November 6, 1985 other recent issues and noted that it was the lowest rate afforded any municipal bond issue in recent years. He further stated that Standard & Poor had recently increased the credit rating to an A+ for the City and it is expected that Moody's will improve its rating for Eagan perhaps within the next year. Egan moved, Smith seconded the motion to approve the low bid for the G.O. Bonds for 1985 as presented and recommended by Miller & Schroeder Financial, Inc. All voted in favor. 1985 MUNICIPAL ELECTION BALLOT CANVAS Eugene VanOverbeke, City Clerk/Treasurer, was present and presented a resume of votes cast in the various precincts within the City on Tuesday, November 5, 1985. Wachter moved, Egan seconded the motion to approve the canvas of ballots for the 1985 Municipal election as presented. All voted in favor. MUNICIPAL CENTER - IDENTIFICATION SIGN Tom Hedges introduced Mike Gresser, Larry Wenzel and Gene Berwald, who were present in the audience and on behalf of the City Council thanked them for the excellent work on the construction of the Municipal Center identification sign, located on Pilot Knob Road on the west side of the City Hall. It was noted that the total value of the sign with a value of $9,591.00 was given without cost by the Gresser, Wenzel and Berwald firms. CONSENT AGENDA The following consent agenda items were presented to the City Council and recommended for approval: t 1. Contractors Licenses. A schedule of Contractors licenses was presented and recommended to be approved. 2. Ashbury Road - Streets & Utilities - Project #454. The feasibility report for street and utility improvements on Ashbury Road was presented under Project #454 and it was recommended that the report be received and the public hearing be scheduled for December 3, 1985 at 7:00 p.m. at the Eagan Municipal Center. 3. Pilot Knob Road - Project #466 - Feasibility Report. As a part of the Dakota County's Five-Year Capital Improvement Program, the County is proposing to upgrade Pilot Knob Road to four-lane urban design standard from I-35E to Cliff Road. The staff recommended the Council authorize the preparation of the feasibility report for Project #466 consisting of Pilot Knob Road. 4. Rahn Ridge - Project #465 - Feasibility Report. A petition was submitted for a feasibility report for Rahn Ridge trunk storm sewer under Project #465 and it was recommended that the petition be received for the project and that the Council authorize the preparation of the feasibility report. 2 Council Minutes November 6, 1985 5. Cinnamon Ridge 5th & 6th Additions - Final Plat. The final plats for the Cinnamon Ridge 5th and 6th Additions were submitted by Zachman Development Company and it was recommended that they be approved subject to compliance with all City requirements. R 85-69.1/69.2 6. Cinnamon Ridge 7th Addition - Final Plat. The application for final plat approval was submitted by Cinnamon Ridge Limited Partnership for Cinnamon Ridge 7th Addition and the staff recommended approval, subject to compliance with all City Code requirements. R 85-70 7. Norwest 2nd Addition - Final Plat. Norwest Properties, Inc. submitted an application for final plat approval of Norwest 2nd Addition and the staff, after review, indicated that all submittals had been completed and recommended approval subject to compliance with necessary City Code requirements. R 85-71 8. Royal Oak Circle - Contract #85-15 - Change Order #1. The City has received a request from Asp Construction, Inc., the developer of Royal Oak Circle, to temporarily suspend the installation of utilities to service Royal Oak Circle development. The reason was based upon the status of FHA funding and it was recommended that Change Order #1 for Contract #85-15 be approved. 9. Royal Oak Circle - Contract #85-15 - Change Order #2. It was noted the City has experienced several watermain breaks on a portion of Mike Collins Drive, south of Yankee Doodle Road and it was determined that the existing watermain was no longer functional. It was recommended that the Council approve Change Order #2 to Contract #85-15 and authorize the Mayor to execute all related documents, noting the reconstruction work will be performed under a Change Order. 10. Knob Hill - Contract #82-C and #81i_E - Street:. & Utilities. The Public Works Department has completed all final inspections concerning streets and utilities under Contract #82-C and #84-E and recommended that the City Council accept the streets and utilities under the above-mentioned projects for perpetual City maintenance. 11. O'Neil Ponds - Project #443. The feasibility report for Project #443 consisting of the trunk storm sewer outlet for the O'Neil Ponds on the north side of Yankee Doodle Road was submitted and it was recommended that the Council receive the report and schedule a public hearing to be held on December 3, 1985 at 7:00--p.m at the Municipal Center. 12. Williams & LaRue Addition - Project #450. The feasibility report for Project #450 consisting of utilities for the Williams and LaRue Addition was submitted- by the consulting engineer and it was recommended by the staff that the Council receive the report and that it order a public hearing to be held at the Municipal Center at 7:00 p.m. on December 3, 1985. 13. Cinnamon Ridge 7th Addition - PUD Agreement Amendment. The revision to the planned unit development to accommodate the proposed densities in the Cinnamon Ridge 7th Addition has been prepared and it was recommended that the Council approve the amended Agreement, subject to City requirements. Smith moved, Thomas seconded the motion to approve the foregoing consent items and authorize their implementation and execution. All voted yes. 3 Council Minutes November 6, 1985 GREENSBROUGH I - IR FINANCING The Mayor convened the public hearing regarding the application of Larry Lee and Mike Gresser for consideration of industrial revenue financing for two office/warehouse buildings referred to as Greensbrough I and II. The projects are located on Becker Road, east of Highway #49 and initially the hearing regarding Greensbrough I was considered by the Council. The proposal is for $600,000.00 financing and it was noted that because of Federal restrictions, all entitlement users are required to issue inducement resolutions prior to October 31 of each calendar year. The applicant did submit the 1% fee in August to-reserve the financing and City Council determined that an exception was desirable in order to proceed with both the Greensbrough I and II projects. A final resolution was submitted and it was also recommended that a legal opinion from Bond Counsel that the bonds and all the City bonds will not be subject to taxation under the Internal Revenue Code by the procedure followed for the issuance of the IR financing. There were questions concerning construction and there being no objection, Smith moved, Thomas seconded the motion to approve the IR Bonds for Greensbrough I in the amount of $600,000.00 subject to completion and approval of the platting of the project, -and submission of the legal opinion from bond counsel that the City Bonds will not be subject to taxation under the Internal Revenue Code. All members voted yes. GREENSBROUGH II - IR FINANCING The Mayor then convened the public hearing regarding the application -i Larry Lee and Mike Gresser for industrial revenue financing for Greensbrough II in the amount of $600,000.00. Tom Hedges introduced the project and there being no objection, Egan moved, Wachter seconded the motion to approve the Greensbrough II project bond issuance, subject to the same conditions as those described above under Greensbrough I. All voted yes. OCTOBER 1, 1985 REGULAR MEETING MINUTES - AMENDMENT Tom Colbert requested that the Council approve a revision to the minutes of the regular meeting of the City Council for October 1, 1985 to provide that the HRA hearing concerning bonds for the construction of residential housing, which had inadvertently been scheduled for November 9, 1985 be scheduled for December 3, 1985 at 7:00 p.m. at the Eagan Municipal Center. Thomas moved, Egan seconded the motion to amend the minutes as proposed. All voted in favor. 4 Council Minutes November 6, 1985 WINDTREE 6TH ADDITION - PRELIMINARY PLAT The application of Richardson Properties for preliminary plat approval of Windtree 6th Addition consisting of 15 single family lots on 6.8 acres north of Wescott Road and east of Elrene Road was next presented to the Council. The application was continued from the October 15 meeting and the representatives from Richardson Properties were present in the audience. The Advisory Planning Commission recommended approval of the application and after a presentation by Tom Colbert, Director of Public Works, upon motion by Thomas, seconded Egan, it was resolved that the application for preliminary plat approval be approved, subject to the following conditions: 1. All standard plat conditions shall be adhered to. 2. Council shall authorize installation of public improvements within this development prior to final plat approval. 3. This development shall dedicate a 20 foot utility and drainage easement centered over the southerly lot lines of lots 1 and 2 and any necessary construction easements. 4. Necessary easements over Vuecrest Cr. and Ridgewood Dr. shall be dedicated if public utility construction precedes final plat approval. 5. The property shall be responsible for trunk area storm sewer assessments and its pro rata share of lateral benefit from trunk watermain along Wescott Road. The assessments shall be at the rate in effect at the time of final platting. 6. The development shall be responsible for all costs associated with public improvements for this development. 7. The developer shall submit a revised grading plan for staff approval incorporating the 2% maximum graded intersections wherever feasible. 8. The developer shall plan and install a future overflow for the small drainage depression east of the proposed Vuecrest Circle. 9. A temporary cul-de-sac turnaround shall be constructed to City standards at the end of Wedgewood Drive. All council members voted affirmatively. SEE PLAT FILE KNOB HILL PROFESSIONAL PARK - IR BOND RESOLUTION The final resolution for Knob Hill Professional Park (KHPP Partnership) industrial development revenue bonds in the amount of $400,000.00 was presented and it was recommended that the Resolution be approved. Dick Nordland and Ed Dunn appeared on behalf of the applicants and there were no objections. Mr. Hedges explained the proposed issue and upon motion by Smith, seconded Wachter, it was resolved that the final resolution for the IR bonds be approved as presented. All voted in favor except Egan who voted no. 5 Council Minutes November 6, 1985 CINNAMON RIDGE 7TH ADDITION - FINAL RESOLUTION The final resolution for Cinnamon Ridge 7th Addition multi-family housing revenue bonds in the amount of $11,350,000.00 was presented to the Council. City Administrator Tom Hedges explained the proposed bond issue and a letter from Marcia Cohodes of Miller & Schroeder was presented and reviewed by the Councilmembers describing the proposal. Bryan Weber of Can-American was present as were representatives from Miller & Schroeder Financial, Inc. and Holmes & Graven, attorneys. There were no objections to the project. Thomas moved, Egan seconded the motion to approve the final resolution for the multi- family housing revenue bonds in the amount of $11,350,000.00 for Cinnamon Ridge 7th Addition. All voted in favor except Wachter who voted no. R 85-72 HRA MEETING Egan moved, Thomas seconded the motion to adjourn the City Council and convene as the Eagan Housing and Redevelopment Authority. All voted yes. The HRA then considered the Resolution approving interest-rate reduction loan agreement between the City of Eagan HRA and Cinnamon Ridge 7th Addition. A copy of the loan agreement was attached to the Council packet and Tom Hedges detailed the agreement with the City Council. Dan Nelson of Holmes and Graven was present and answered questions of the City Council members, in particular regarding the low and middle-income tenants intended to be included under the statutory provisions for tax increment financing. Certain changes have been made in the agreement since discussion before the City Council at a prior meeting. There being no further questions or objections, Smith moved, Thomas seconded the mot7.r::_ to approve tb- interest rate reduction loan agreement with Cinnamon Ridge Lic.ited Fartnerseip as proposed. Smith, Thomas and Egan voted yes; Blomquist and Wachter voted no. Mayor Blomquist indicated that she was opposed because the project had already received industrial revenue financing and therefore tax increment financing is not warranted; further, that washers and dryers in the building do not enhance the quality of the buildings. Thomas then moved, Wachter seconded the motion to adjourn the Eagan Housing and Redevelopment Authority and to reconvene as the City Council. All voted yea. SLICER'S PIZZA - BEER & WINE LICENSE - CONDITIONAL USE PERMIT The application of Thomas Miller and James Driscoll, the owners of Slicer's Pizza Restaurant at 2113 Cliff Road in the Cedar Cliff Shopping Center, was brought before the Council. Captain Patrick Geagan of the Eagan Police Department, in a memo to the Council, indicated there were no reasons to deny the application, after having reviewed the applicants. One of the applicants was present in the audience. There was a question from the Council as to whether any conditions had been imposed by the Council for the issuance of the liquor licenses in Cedar Cliff Shopping Center and it was noted that no Council action had been taken for or against that proposal. Smith moved, Egan seconded the motion to approve the conditional use permit for on-sale wine and beer license at the Slicer's Pizza Restaurant. All voted yes. The staff was requested to reconstruct for the City Council, all action taken regarding the issuance of liquor licenses in the Cedar Cliff Shopping Center. 6 Council Minutes November 6, 1985 3 i DEBRA AND DAVID BAILEY - WAIVER OF PLAT - CARLSON ACRES An application had been submitted by David and Debra Bailey for waiver of plat to split Lot 2, Carlson Acres, into two separate lots. Noting the residual lots will comply with the City Code, and there being no objection from Dakota County for an additional access to Diffley Road, Wachter moved, Egan seconded the motion to approve the application for waiver of plat, subject to compliance with all applicable ordinances. All voted affirmatively. CINNAMON RIDGE 7TH ADDITION - FOUNDATION PERMIT An application has been received from the developers of the proposed Cinnamon Ridge 7th Addition for the issuance of a foundation permit at the time of final plat approval. In the past, the Council has authorized issuance of foundation permits subject to verification that all final plat documents have been submitted to the Council for recording and permits have not been issued prior to the plat being released by the City for recording. Bryan Weber, representing the developer, was present and indicated that he will comply with all City requirements. Smith moved, Thomas seconded the motion to approve the request for foundation permit, subject however, to the applicant filing the final plat with the Dakota County Recorder and submitting proof of recording to the City staff. All voted yes. DEVELOPER'S CONSTRUCTION - ADVERTISING 5--N - SPECIAL PERMIT An application from Loren Spande of Developer's Construction Company to locate a sign for Birch Park at the southeast corner of Pilot Knob Road and Deerwooct Drive was brought to the Council. Tom Hedges described the proposal briefly and there were no objections. Loren Spande was present. Thomas moved, Smith seconded the motion to approve the application for special permit as presented. All voted in favor. HAMPTON HEIGHTS ADDITION - EXCAVATION PERMIT #EX-16-265 Mark Parranto was present in the audience and requested that the Council authorize the grant of an excavation permit #EX-16-265 for Hampton Heights subdivision, noting the impending cold weather and the need to proceed diligently on the project. He stated that the letter of credit had not been submitted but it would be submitted within a short period of time. Tom Colbert indicated that all other requirements had been complied with. Smith moved, Thomas seconded the motion to approve the application, subject to the submission of a letter of credit. Thomas, Egan and Smith voted yes; Wachter and Blomquist voted no, indicating that the issuance of the permit would constitute a negative precedent. 7 Council Minutes November 6, 1985 DELOITTE, HASKINS & SELLS - 1985 AUDIT REPORT The Director of Finance recommended that the City retain Deloitte, Haskins Sells as auditors for the City of Eagan to perform an audit for the year ending December 31, 1985 in the proposed amount of $22,550.00. Thomas moved, Wachter seconded the motion to approve the recommendation for the audit as presented. All voted in favor. FEDERAL REVENUE SHARING - PUBLIC HEARING A hearing to determine the use of federal revenue sharing funds was recommended to be held at the December 17, 1985 City Council meeting at 7:00 p.m. at the Eagan Municipal Center. Thomas moved, Egan seconded the motion to approve the recommendation. All members voted yes. ELECTRICAL PERMIT FEE The Chief Building Inspector and City Administrator proposed an increase in electrical inspection fees for all inspectors covering 0 to 30 ampere capacity service from $2.50 to $3.00. Noting the City is below the State fee for the amp circuit proposal, Thomas moved, Smith seconded the motion to increase the electrical fee schedule as recommended, effective January 1, 1986. All voted yes. MnDOT SPEED STUDY A list of proposed revisions to the maximum speed limit on 52 different segments of roadway throughout the City was submitted for review by the City Council. After discussion, Mr. Hedges indicated that no action need be taken but that the matter was brought to the Council for review purposes only. No changes were recommended. PUBLIC ENTERPRISE FUNDS - SPECIAL MEETING Upon motion by Smith, seconded Thomas, it was resolved that a special meeting of the City Council to consider-public enterprise funds for November 14, 1985 at 7:00 p.m. at the Eagan Municipal Center be scheduled. All voted affirmatively. EAGAN CITY BUTTONS The City Administrator indicated that lapel buttons that were directed to be prepared have now been completed and are for sale at the City Hall for $2.00 each. 8 Council Minutes November 6, 19858, BLACKHAWK ROAD & BEECHER AVE. COMPOST SITE The Councilmembers discussed the proposed closing of the compost site at Beecher Ave. and Blackhawk Road and upon motion by Blomquist, seconded Wachter, it was resolved that the site be closed at the end of the 1985 season. All voted in favor. 24-HOUR EMERGENCY MEDICAL FACILITY Tom Hedges discussed with the Council the information that the staff has received concerning the request submitted by the Council for proposals for a 24-hour emergency medical facility in the City. It was noted that the Divine Redeemer Hospital contract appears to provide for an amendment to the Agreement which should be submitted by November 1. The City Administrator, in conjunction with the Mayor, had authorized a notice be forwarded to Divine Redeemer Hospital prior to November 1, notifying the hospital of the recommended change in the contract to provide for amendments at some future time. It was indicated that the notice was only for procedural purposes with no specific change in the contract recommended. DEERWOOD DRIVE - STREET IMPROVEMENT - PROJECT #455 In preparation of, the feasibility report for Deerwood Drive street improvements, the City will need approximately 58,000 cubic yards of material to fill the valley adjacent to the proposed elementary school site. Representatives of the school have indicated that approximately 40,000 cubic yards of excess material could be available from the site for use by the City in t.ne road project. Smith moved, Thomas seconded the motion to authorize the staff to negotiate an agreement for the use of the excess material to be used under Project #455. All voted yea. INTERNATIONAL SUMMIT MEETING RESOLUTION A proposed resolution was submitted designating November 19 and 20, 1985 to honor the summit meeting between Premier Gorbachev of Russia and President Reagan to provide that outside lights be kept on from dusk to dawn during the summit meeting. Egan moved, Blomquist• seconded the motion to adopt the Resolution as presented. All voted in favor. R 85-73 FRED AND MARY ANN WILSON - BLACKHAWK ROAD - WAIVER OF PLAT The request of Dr. Fred Wilson and Mary Ann Wilson for waiver of plat for their property on Blackhawk Road which had been presented at a previous meeting of the City Council was next brought to the Council's attention. A request had been made for reconsideration of the motion denying the application and Egan moved, Wachter seconded the motion to authorize reconsideration of the motion. All voted in favor. 9 Council Minutes November 6, 1985 Mary Ann Wilson was present and Councilmembers discussed the request by the owners that the Dakota County Surveyor determine the exact boundary lines of the property, noting that time is of the essence to the buyer and seller to close the sale on a portion of the property and further, that the Wilsons had offered to post a $10,000.00 cash escrow guaranteeing the completion of the final plat of the property. Thomas moved, Blomquist seconded the motion to approve the waiver of plat upon the condition that the Dakota County Surveyor would provide a precise boundary description and further, subject to the posting of the cash escrow of $10,000.00 guaranteeing completion of the final plat, with the understanding that Dr. and Mrs. Wilson will receive interest on the financial guarantee, and further subject to compliance with all City Code requirements. All voted in favor. I-35E OPENING Mayor Blomquist noted that the opening of I-35E has been scheduled for November 16, 1985 beginning at 8:30 a.m. with a brunch and the opening ceremony at 10:00 a.m. on I-35E at the south side of Yankee Doodle Road. Senators Durenberger and Boschwitz, Representative Frenzel and many other representatives will be present at the opening ceremony. CHECKLIST Wachter moved, Thomas seconded the motion to approve the checklist dated November 6, 1985 in the amount of $768,481.93. All voted yes. O'NEII VS. CITY OF EAuAN Councilmembers discussed the status of the action brought by Mr. and Mrs. Robert O'Neil against the City of Eagan for damages or in the alternative, the rezoning of their Yankee Doodle Road property proposed for planned development for commercial and residential purposes. There was discussion regarding the hiring of special counsel for defense of the action on behalf of the City, and several alternates were discussed. City Attorney Paul Hauge reviewed with the Council the responses from the two insurance liability carriers for the City, Home Insurance Company and Surplus Lines Insurance Company, and it appeared that Surplus Lines would defend and authorize legal counsel to be hired directly by the City Council. Upon motion by Smith, seconded Blomquist, it was resolved that the Eagan City Attorney proceed to defend on behalf of the City and that special counsel be designated as co-counsel with the City Attorney's-office in defense of the action. All councilmembers voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 9:45 p.m. PHH Ci_t Jerk 10