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11/19/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 19, 1985 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 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, City Planner Runkle, Consulting Engineer Bob Rosene, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the agenda as presented. All voted in favor. MINUTES November 6, 1985 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the minutes as distributed. All voted in yes. METRO COUNCIL REPRESENTATIVE City Administrator Tom Hedges indicated that Mary Martin, the Metro Council Representative for the Eagan area, had requested that she be allowed to appear before the City Council but called and indicated that she would not be able to be present and preferred to do so at a later time. PUBLIC WORKS DEPARTMENT 1. Lexington Avenue. Mayor Bea Blomquist explained that she had received calls from neighbors in the area north of Diffley Road on Lexington Avenue indicating safety problems and the Public Works Director was requested to investigate the complaints. 2. Cliff Road Exit Ramp - I-35E. Mr. Colbert indicated that as a result of complaints from area residents, that he had met with a representative of MnDOT concerning the unsafe condition for drivers exiting from I-35E at Cliff Road making left turns. He mentioned that signals will be installed by May of 1986 and further investigation is being made by MnDOT regarding site distance. 3. I-35E Opening. It was noted that I-35E was officially opened on Saturday, November 16, 1985 at 10:00 a.m. with a ceremony including Senator Dave Durenberger and Governor Rudy Perpich present. Council Minutes November 19, 1985 CONSENT AGENDA The following consent agenda items were presented to the City Council and were recommended for approval: 1. Personnel Items. a. Leave of Absence - Lori Tripp. It was recommended to the Council that it approve a leave of absence of thirty (30) days due to medical disability for officer Lori Tripp, and further that the leave of absence continue for such period as her doctor declares in writing to the City her ability to resume duties as a police officer. b. Hearing Conservation Program. It was recommended that the City continue compliance with the hearing conservation program and that the Council approve continuation of the contract with the City of Bloomington in the amount of $800.00 for City of Eagan employees. 2. 1986 Cigarette Licenses. A schedule of cigarette license applicants was presented to the City Council and it was recommended that the applications be approved. 3. Tom Thumb - Cigarette h Off-Sale Beer License. An application from the operator of the Tom Thumb Grocery at 2125 Cliff Road for cigarette and off-sale beer license for the new store was presented to the Council and recommended that it be approved. 4. Windtree 5th Addition - Excavation/Gradin Permit. The application from the developer of the Windtree 5th Addition was presented for excavation/grading Permit EX13-205 and the staff recommended approval subject to compliance with City requirements. 5. Group W Cable - Feasibility Report. The City staff recommended that due to an error in identifying the correct owner of one of the affected parcels at the prior hearing, that the City Council schedule a new hearing for December 17, 1985 at 7:00 p.m. at the Eagan Municipal Center. 6. Eagandale Center Industrial Park - Project #458. The Public Works Director indicated that a feasibility report has been prepared for Project #458 consisting of proposed storm sewer improvements in the Eagandale Center Industrial Park area north of Lone Oak Road and recommended that the Council receive the report and schedule a public hearing to be held on December 17, 1985 at the City Municipal Center at 7:00 p.m. 7. Town Centre 70 - Vacation of Easements. A petition had been received from Federal Land Company for vacation of drainage and utility easements within Town Centre 70 and it was recommended that the Petition be received and that a public hearing be scheduled for December 17, 1985 at 7:00 p.m. at the Eagan Municipal Center. Council Minutes November 19, 1985 8. Wescott Road - Project #467. A petition had been received for street and utility improvements under Project #467 by Northland Mortgage and Dave Gabbert for the Lexington Square subdivision. The staff recommended the Council receive the Petition and order the preparation of the feasibility report by the Consulting Engineer. Upon motion by Smith, seconded Thomas, it was resolved that the above- mentioned consent agenda items recommended for approval be and they hereby are approved and ordered implemented. All voted yes. CONTRACTORS LICENSES The schedule of contractors who requested renewal or new contractors licenses was presented to the Council and recommended by the staff that they be approved. There was discussion concerning a complaint relating to a lot line problem caused by Al Sieben Construction Co. within Oak Chase Addition. Blomquist moved, Wachter seconded the motion to approve the contractors license applications presented with the understanding that the application of Al Sieben Construction Co. be approved at such time as the staff is convinced that the boundary line problem in Oak Chase Addition is satisfactorily corrected. All councilmembers voted in favor. CLIFF ROAD - STREET EASEMENT RELEASE - CLEARVIEW ADDITION A request had been made through Dakota County for the release of a slope easement bordering Lot 10, Block 3, Clearview Addition. It was noted that Dakota County had agreed with the property owner to vacate the easement and has requested consent from the City Council to do so. There being no objection, Egan moved, Wachter seconded the motion to authorize the release of all City interest in the existing County easement across Lot 10, Block 3, Clearview Addition. All voted yea. THOMAS LAKE PLACE APARTMENTS - FINAL PLAT All conditions regarding the application for final plat approval of Thomas Lake Place Apartments by Dominium Group, Inc. have now been complied with and it was recommended that the City Council approve the final plat. Smith moved, Thomas seconded the motion to approve the final plat application, subject however, to the,two agreements regarding the joinder of the access road lot and the tot lot, and in addition the satisfactory dedication of park land required by the City. Those in favor were Smith, Thomas and Wachter; those against were Blomquist and Egan. R 85-75 Council Minutes November 19, 1985 THOMAS LAKE PLACE - MULTI-FAMILY HOUSING REVENUE BONDS The public hearing regarding the application of Dominium Group for $10,000,000.00 in multi-family housing revenue bonds for the Thomas Lake Place Apartment project was convened by Mayor Bea Blomquist. Tom Hedges explained the application briefly and also noted that multi-family housing revenue bonds are the subject application and that no application has been made for tax increment financing. It was noted that Councilmembers have received telephone calls from certain neighbors with questions about the proposed bond issue and several neighboring property owners were also present. Representatives of the applicant made a presentation concerning the benefit to the project by financing with tax-exempt bonds, noting that the funding will create an additional $760,150.00 in mortgage proceeds to be used toward the project. He stated that additional miscellaneous fees and costs will amount to $298,919.00 resulting in $461,231.00 in additional proceeds available. He claimed that a better project would be created, inclLfding improved landscaping of the site costing $215,000.00, the cost per unit reduction of $128,877.00 and other project improvements of $117,355.00. He further mentioned that the number of units will be reduced from 228 to 216. Barbara Barker, a neighboring owner, was present and stated that although she did not favor the project, she commended the developer for its willingness to build a quality project and its willingness to work with the neighbors including construction of off-site landscaping. Councilmembers Egan, Smith and Wachter spoke favorably toward the developer and the plan. Mayor Blomquist inaicated that it was her opinion that the site was intended for luxury apartment units, whereas the multi-family housing bonds contemplate low and moderate income housing. The architect for the project stated that the amount of brick will be in excess of 25% on the exterior of the buildings. After extended discussion, Smith moved, Thomas seconded the motion to close the hearing and to approve the issuance of $10,000,000.00 in multi- family housing revenue bonds, subject to the submission of a supplemental amendment to the development agreement as discussed by the City Council. All voted in favor except Blomquist who voted no, stating that the intent of multi-family housing bonds is for low and moderate income housing and not for luxury type units. BRITTANY 9TH ADDITION - STREETS & UTILITIES - PROJECT #459R The public hearing regarding Project #459R consisting of streets and utility improvements in Brittany 9th Addition was convened by the Mayor. Tom Colbert and Bob Rosene described the project and reviewed the report. Mr. Rosene noted that the cul-de-sac at the east end of the subdivision will be confined within Lot 6, Block 1, and Lot 10, Block 2. Councilman Thomas questioned the potential flooding of LP-7 and whether the Dakota County Park Pond to the southeast will have problems in the event of an over-flow. There Council Minutes November 19, 1985 were concerns from Councilmembers regarding the back yards of the lots surrounding the Brittany Pond and it was suggested that staking be placed around the pond at the high water level by the developer for purposes of notifying future owners of the level. In addition, the building inspector was asked to review the lots in both Brittany 8th and 9th Additions surrounding Pond LP-7 regarding high water levels. Thomas moved, Smith seconded the motion to close the public hearing and to approve and order in the project and authorize the preparation of detailed plans and specifications, and subject, however, to a review by the City staff of all lots adjacent to the pond as to their buildability and locations for residential homes on the lots. All voted in favor. TOWN CENTRE 70 2nd ADDITION - PRELIMINARY PLAT The public hearing regarding the application of Federal Land Company for preliminary plat approval of Town Centre 70 2nd Addition then came before the Council for consideration. It was noted that the Advisory Planning Commission and City Council at its joint meeting on October 8, 1985 approved the preliminary site plan for the project and that the Planning Commission at its regular October meeting had recommended approval without a formal hearing being brought before the Commission. Notice had now been scheduled before the Council and an opinion dated October 25, 1985 from the City Attorney's office was discussed relating to public hearings before the Planning Commission for preliminary plat approval purposes. Charles Bartholdi appeared for the applicant and recommended that the Council approve the application. After considerable discussion, it was noted that there were no objections and Egan moved, Wachter seconded the motion to continue the application for preliminary plat approval and refer the application to the Advisory Planning Commission at its regular November 1985 meeting for review and recommendation to the City Council, to be considered at the December 3, 1985 Council meeting for final review, based upon the following: 1. There had been no objection to the application, either at the Planning Commission or City Council level. 2. There had been a preliminary plat site plan design approved some months prior to the meeting regarding Town Centre 70 Addition. 3. There was adequate public hearing notice before the City Council. 4. The plat will contain only the area where the Rainbow Food and first phase retail shopping center is included within the preliminary plat for the 2nd Addition. Further, subject to the following: 1. The application shall be submitted to the Advisory Planning Commission at its regular November 1985 meeting for review and then returned to the City Council at its first meeting in December at the December 3, 1985 meeting for final review. 2. The applicant shall submit for approval by the City: Council Minutes November 19, 1985 b. A detailed grading plan with berming. c. A lighting plan showing lumination areas. 3. The builaing shall be architecturally treated the same on all sides. 4. A conditional use permit will be required for the proposed signage. 5. The applicant shall be responsible for installing a 6 inch watermain loop for fire protection. The location and layout shall be approved by City Staff. 6. The applicant shall dedicate a 20 foot utility easement over the watermain fire loop and hydrant leads. 7. All applicable standard engineering conditions shall apply. 8. Existing easements shall be vacated prior to final plat approval as designated by staff. All councilmembers voted yes. SEE PLAT FILE NORMAN POQUETTE - MINI-STORAGE - CONDITIONAL USE PERMIT The application of Norman Poquette for conaitional use permit for on-site apartment and zero lot line variance for a mini-storage on 1.7 acres on Lot 2, Block 1, Cedar Industrial Park came before the Council. At the request of the City Planner,' Smith moved, Wachter seconded the motion to refer the application back to the Advisory Planning Commission for review of revisions to the proposal. All voted yes. DIANE HAWKINS - IN-HOME BEAUTY SALON PERMIT An application from Diane Hawkins for conditional use permit for an in- home beauty salon located in an Agricultural District at 4711 Dodd Road was brought to the Council. The applicant was present and Dale Runkle briefly described the application. The Advisory Planning Commission recommended approval. There were no objections and Thomas moved, Smith seconded the motion to approve the application, subject to compliance with City Ordinance requirements. All voted in favor. CENTURY 21-SOUTH COUNTRY REALTY - ADVERTISING SIGN An application of Don Klober for advertising sign permit for Century 21- South Country Realty on Yankee Doodle Road was presented to the Council for its consideration. The Advisory Planning Commission recommended approval and Don Klober was present. There were no objections and Mr. Runkle described the application, noting that it appeared to be in compliance with the ordinance requirements. Wachter moved, Thomas seconded the motion to approve the application subject to compliance with the City Sign Ordinance. All voted Council Minutes November 19, 1985 BRITTANY 1ST ADDITION - TOLLEFSON BUILDERS - MODEL HOME An application for conditional use permit extension for temporary model home in Brittany 1st Addition was brought to the Council. Dale Runkle explained that the Advisory Planning Commission at its last regular meeting in October recommended denial of the extension based upon objection from neighboring property owners. Mr. Runkle detailed the application and noted that there were neighbors present at the Council meeting objecting to the use as a construction office. One neighbor, John Rudolph, of 1644 Norwood Drive, appeared and objected to the extension primarily on the basis of safety. Wayne Beaver appeared on behalf of the applicant and requested that the Council allow the use of the model home until March 1, 1986 when a new model home will be completed for Tollefson Builders. Wachter moved, Egan seconded the motion to deny the application based upon the reasons outlined in the minutes of the Advisory Planning Commission as follows: 1. That a construction office is not an allowed use for a residential home or model home. 2. That future model homes not be used as a construction office. 3. That the City enforce removal of the construction office by legal methods, if necessary. 4. That the adjacent parking area be corrected by enforcement of the zoning and subdivision ordinances along with the applicable development contract. Further, that the applicant be authorized and directed to vacate the home by November 23, 1985. All voted yes. SLICERS PIZZA - ON-SALE WINE & BEER LICENSE The application for conditional use permit for on-sale wine and beer license for Slicers Pizza in Cedar Cliff Shopping Center came to the Council. At a recent City Council meeting, a question was raised whether the development agreement for the Cedar Cliff Shopping Center prohibited the issuance of liquor licenses on the property. It was noted that there were no restrictions in the planned development or the development agreement. No action was required, noting that the permit had been issued at an earlier meeting. Council Minutes November 19, 1985 WELL #8 AND #9 - CONTRACT #85-26 The bids were received on November 8, 1985 for wells #8 and #9 under Contract #85-26. In reviewing the bids, it was determined that the completion dates that had been included in the specifications were not feasible and that the high bids of the contractors reflected the contractor's anticipation of not being able to meet the completion dates. The Public Works Director and Consulting Engineer recommended that the Council reject all bids and authorize readvertising of bias. Upon motion by Smith, seconded Wachter, it was resolved that the Council reject the bids received for Contract #85-26 and authorize the City Clerk to readvertise for bids to be received at 10:30 a.m. on Friday, December 13, 1985 at the Eagan Municipal Center. All councilmembers voted affirmatively. EAGANDALE COURT - STREET & UTILITIES - CONTRACT #85-27 The bids were received on November 15, 1985 for Contract #85-27 and it was recommended that the low bidder, M. Danner Trucking, in the sum of $132,911.95 be approved and the contract be awarded to the low bidder. Smith moved, Thomas seconded the motion to receive the bids and to award the contract to M. Danner Trucking Company. All voted in favor. CONSULTING ENGINEERS - 1986 RATE SCHEDULE Mayor Blomquist questioned whether the Council ought to permit an increase in rates for the consulting engineer for 1986 in excess of the percentage being approved under the collective bargaining agreements with City employees. She also requested that the approval of such rates not be placed on the consent agenda and more detailed information be submitted by the consultants at such time as approval is requested. Smith moved, Egan seconded the motion to approve the 1986 schedule of Bonestroo, Rosene, Anderlik & Associates, Inc. with the understanding that no contract has been awarded. Smith, Thomas and Egan voted yes; Wachter and Blomquist voted no. There was also discussion as to whether the Council should require consulting services be bid for 1986. HILLANDALE ADDITION NO. 3 The application of Michael Construction, Inc. for final plat approval of Hillandale Addition No. 3 was next presented. Mike Monson was present for the applicant and Tom Colbert described the application, indicating that all requirements had now been met. Smith moved, Wachter seconded the motion to approve the application for final plat, subject to compliance with all City ordinance requirements. All voted in favor. R 85-76 Council Minutes November 19, 1985 DEANNA KIVI - SPECIAL ASSESSMENTS CLERK Applications had been received for the City's vacant special assessment clerk position and staff recommended that the Council authorize the hiring of Deanna Kivi. Egan moved, Wachter seconded the motion to approve the recommendation and to authorize the advertisement to fill the vacant clerk- typist position currently occupied by Ms. Kivi. All voted yes. PHYSICIANS HEALTH PLAN - CITY HEALTH INSURANCE PROGRAM The City Insurance Committee has recommended to the Council that it approve the Physicians Health Plan as an additional HMO option for City employees. Mr. Hedges discussed the recommendation and also it was recommended that the Council authorize reimbursement by the City for health coverage for the minimum cost plan. Smith moved, Thomas seconded the motion to authorize the inclusion of PHP in the City's present health insurance program for the employees with the understanding that in no event will the Council authorize a payment for insurance coverage greater than the lowest health cost provider authorized by the Council for comparable health coverage, and in the event that an employee chooses a plan at higher than the lowest cost, that the employee be required to pay the differential. All voted in favor. Smith then moved, Thomas seconded the motion to authorize the approval of the Physicians Health Plan within the City's present health insurance program. All voted yea. POSTAL CENTER Councilmembers indicated that there appear to be two potential sites for a proposed U. S. Postal Center within the City. Blomquist moved, Thomas seconded the motion to instruct the staff to investigate the current status of the site selection and report to the Council. All voted in favor. MEGA MALL RESOLUTION A request had been made by Simonson Realty, Inc. of Bloomington, to Mayor Blomquist requesting that she endorse the Mega Mall proposal intended to be located on the Metropolitan Stadium site. Councilmembers Smith, Egan and Wachter indicated that they would not personally endorse the site, indicating that the information received from Simonson Realty did not appear to be consistent with other reports in the news media and recommended no action. They mentioned that they would oppose a Resolution on behalf of the Council endorsing the project. No action was taken. Council Minutes November 19, 1985 ^a~ EAGANDALE OFFICE PARK 3RD ADDITION - SANITARY SEWER Opus Corporation has requested that the Council authorize the connection of the sanitary sewer service from the new Sperry headquarters site within the Eagandale Office Park 2nd Addition, directly to the trunk sanitary sewer controlled by the Metropolitan Waste Control Commission in the general area. Smith moved, Thomas seconded the motion to approve the resolution stating that the proposed -sanitary sewer connection for the Sperry headquarters is consistent with Eagan's overall sanitary sewer plan and the Council approve he proposed connection. All voted yea. EAGANDALE - SANITARY STORM SEWER - PROJECT #458 Mr. Colbert described in detail the facts regarding the proposed construction of two 48-inch storm sewer mains in Eagandale Center Industrial Park, noting that an existing 48-inch main was installed in approximately 1968. He discussed with the Council the proposed assessments for the improvements, explaining that it is anticipated that objections will be received from owners of parcels where development has been completed. After review, Smith moved, Thomas seconded the motion to amend the date of the hearing on the feasibility report for Project #458 and schedule the hearing to be held on January 21, 1986 at 7:00 p.m. at the Municipal Center, and further, that the staff report to the City Council regarding alternates for assessments. All voted affirmatively. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR 1986 Dale Runkle stated that about $275,000.00 will be available for community development block grant purposes in 1986, and reviewed certain proposed alternate uses of the funds. Mr. Runkle was requested to submit a more detailed proposal at a later council meeting. ASSESSMENT HEARINGS CONTINUATION The following hearings regarding special assessments where objections had been filed by property owners regarding the proposed assessments had been scheduled for the November 19, 1985 council meeting. Mr. Colbert recommended the Council continue the hearings and upon motion by Thomas, seconded Egan, it was resolved that all assessment hearings be rescheduled to the January 21, 1986 regular meeting at 7:00 p.m. at the Municipal Center, including the following: Patrick McCarthy property, Lillian McCarthy property, Donald Vogtman property, Victor and Sharon Staff property, Robert Honsa property and Ronald Boyle property. All voted yes. CHECKLIST Thomas moved, Wachter seconded the motion to approve the checklist dated November 19, 1985 in the amount of $2,692,196.04. All voted in favor. and= October 22 in the amount of $4642.11 and October 31 in the amount of $464,304.97. Council Minutes November 19, 1985 ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting at 10:30 p.m. PHH FA City lerk