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11/17/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 17, 1987 A regular meeting of the Eagan City Council was held on Tuesday, November 17, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson and City Attorney Paul Hauge. AGENDA Ellison moved, Wachter seconded the motion to approve the Agenda as presented. All voted in favor. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the minutes of the regular City Council meeting of November 5, 1987 be approved as prepared and distributed. All voted yes. TAX ABATEMENT Bill Peterson of the Dakota County Assessor's office was present and recommended approval of a reduction in the estimated market value from $407,600.00 to $378,400.00 for the Henning, Rohde and Associates warehouse building on Terminal Drive. Upon motion by Smith, seconded Ellison, it was resolved that the recommendation be approved and implemented. All voted yes. VOLUNTEER FIRE DEPARTMENT District Chief Dick Schindeldecker was present and City Administrator Tom Hedges described the recommendation of the Volunteer Fire Department that Dale Wegleitner and George Lundy be hired for fire inspection services at an average total of 60 hours per week. The term of the contracts would be from December 1, 1987 through June 30, 1988, and the merits of the program would then be reviewed. Chief Building Inspector Doug Reid appeared and explained the reasons, including reviewing existing buildings and later to cover new buildings. Councilman Egan questioned whether the 60 hour contract is needed, and Doug Reid explained that the work load is continually becoming much greater. Mr. Wegleitner requested a maximum of 30 hours per week and Mr. Lundy 20 hours per week. There was discussion concerning the employee benefits that would accrue and potential for a full-time employee in the future. 1 Council Minutes November 17, 1987 Smith moved, Wachter seconded the motion to approve the recommendation, based upon the fact that the council had approved a contract fire inspector in the budget. All members voted in favor. FAIRWAY HILLS ADDITION City Public Works Director Tom Colbert described that on November 5, 1987, the City Council authorized the issuance of a hold on building and occupancy permits for the Fairway Hills Addition to attempt to resolve the outstanding storm sewer issues within the development. A letter was sent to the developer by Mr. Colbert informing them of the action and a meeting had been held between staff members and the developer's representatives, on November 16, 1987, at which time discussion of an agreement to lift the hold on permits took place. The recommendation was that the developer install an increased pipe size from 12 inch to 30 inch, south of Cliff Road, and that an agreement be entered into between the developer and the City concerning certain conditions. The Public Works Director and City Attorney, Paul Hauge, recommended approval and upon motion by Wachter, seconded Egan, it was resolved that the agreement providing for lifting the ban on permits be approved. All members voted in favor. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Personnel. a. Community Service Officer. It was recommended that the proposed appointment of Jay Maher as a Community Service Officer be withdrawn and it was recommended that Joe Marshall was recommended to be appointed as a CSO, subject to all City requirements, effective December 1, 1987. b. Police Officer. It was recommended that James Thielen be hired as a police officer for the City, effective December 1, 1987, subject to all City requirements. 2. Eagan High School Addition - Grading Hours. It was requested by Enebak Construction Company and recommended by the Public Works Director, that the City Council allow extended hours of operation for grading for the Eagan High School Addition, Permit #23-317. The requested hours were from 6:00 a.m. through 11:30 p.m., allowing double shifts Monday through Saturday, and it is estimated that the grading would take about 4 weeks. 2 Council Minutes November 17, 1987 After discussion, upon motion by Wachter, seconded Smith, it was resolved that the foregoing consent agenda items be and they hereby are approved. All voted in favor. METROPOLITAN TRANSIT - OPT-OUT Mr. Hedges reviewed with the City Council the proposed opt-out by the City from the Metropolitan Transit Commission system. An intent to opt-out had been forwarded to the regional Transit Board and a meeting was held in Rosemount on October 22, 1987 with representatives of several adjoining cities regarding the proposed opt-out. The recommendation was made that Prior Lake and Savage also be included because buses going through Burnsville serve in those two communities and Burnsville could not individually opt-out without those two communities doing likewise. Further, Eagan could not opt-out without Burnsville because of the buses that travel through both of the cities. He also noted that if a study concerning the feasibility of the opt-out is commenced, that the City then would be given one additional full year to make its final decision. Mayor Blomquist recommended that the Council enter into the study and Mr. Hedges noted that all of the other City Councils proposed to be included in the area, have decided to enter into such a study. Egan moved, Wachter seconded the motion to approve the participation in the joint study and further consider the opt-out alternatives with neighboring communities in Dakota and Scott County, with the understanding that the City Administrator will return to the City Council with the cost estimate. All voted yea. GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION - CONTRACT #87-40 Bids have been received for the Gopher Eagan Industrial Park 2nd Addition street and utility improvements under Contract #87-40 with A.P. Keller Construction being the low bidder in the amount of $397,894.00. Mr. Colbert explained that the Metropolitan Waste Control Commission requires the Council adopt a Resolution approving the project. In spite of the 11.3% low hid over the feasibility report, the owner has requested the City to proceed. Smith moved, Egan seconded the motion to approve the award of the contract to the low bidder, A. P. Keller Construction Co. and the adoption of the necessary Resolution for submission to the MWCC. All voted yes. R87-90 3 Council Minutes November 17, 1987 ST. FRANCIS WOOD 6TH ADDITION - CONTRACT #87-41 Fourteen bids for Contract #87-41 consisting of street and utility improvements for St. Francis Wood 6th Addition were submitted to the Council for its review. The right-of-entry has now been acquired and the Development Contract for the subdivision has been submitted. Staff recommended approval, and upon motion by Ellison, seconded Egan, it was resolved that the low bid of F. M. Frattalone, in the amount of $275,130.90 be approved and the contract be awarded. All voted yea. CUTTER'S RIDGE ADDITION - PROJECT #512 The public hearing regarding trunk utility improvements for Cutter's Ridge Addition under Project #512 was convened by Mayor Bea Blomquist. Tom Colbert introduced the project and explained that Mike Gair had contacted James Horne and also letters had been sent to Mr. Horne regarding the proposed acquisition of easements over the Horne property. James Horne was present and it was noted that no representative of Graham Development was in attendance. Mr. Colbert stated that the developer is not directly responsible for the actual acquisition of the easement, but that the City is required to acquire the easements. He noted the alignment of a trunk sanitary sewer had been abandoned during the upgrading of I-35E and the easements necessary are covered within three separate parcels owned by Mr. Horne. Mr. Horne stated that he needed more time to prepare a layout for his property and it was noted that no representative of the applicant was present. Smith moved, Wachter seconde3 the motion to continue the hearing until the second regular meeting in January, 1988, with the understanding that the hearing will be renoticed for that meeting. All voted affirmatively. LEXINGTON SQUARE - DRAINAGE REPORT Mr. Colbert described to the, Council that as a result of the July 23, 1987 "super storm", several areas of the City were identified as requiring. additional detailed investigation into storm drainage problems. The Lexington Square Addition is the second area to be:-discussed in detail and a report prepared by Bonestroo, Rosene, Anderlik & Assoc. dated November 1987, had been distributed to. the members of the City Council. A neighborhood meeting had been held on November 12, 1987 and five general concerns were expressed at that meeting, including the following: 4 Council Minutes November 1 7 , 1987 P T:'^ ILI 1. In the Newton Court area, present home construction seems to be eliminating the planned overland emergency drainage route. 2. In the southwest and northwest areas, where would the ultimate alignment of the overland drainage route be and/or additional storm sewer construction? 3. What is the schedule for the proposed improvements? 4. Who would pay for the improvements? 5. Will the City represent the homeowner's interest and pursue the developer for financial assistance, or is this the collective responsibility of any affected/interested homeowners? Jerry Bourdon of BRA reviewed the study in some detail and noted that there is a difference of opinion between the design engineer and th-, Bonestroo firm regarding corrective action. The findings generally are as follows: 1. No corrective action relative to the Newton Court area or the Lot 19, Block 1 wall collapse were recommended. 2. Construction of overland drainage routes in the northwest area was recommended. 3. The construction of storm sewer pipe in the southwest area for the purpose of removing a portion of the area runoff and to provide a means of conveyance of the excess storm water runoff was recommended. He noted that in 1989 Lexington Avenue is scheduled to be upgraded by Dakota County and reviewed the costs including a temporary improvement along Lexington Avenue. Councilman Wachter asked whether the lateral system should be designed for a five year storm, and recommended the overland drainage should provide for greater storm intensity. He also asked whether there are any defects in construction and Mr. Bourdon answered that the emergency overland drainage scale had not been maintained according to the plan, but was unsure as to how the grading was changed. Mr. Wachter recommended swales be provided in the future to avoid problems. A number of property owners were present, including one on Gibralter Court who stated that he had over $50,000.00 damage to his home and furnishings. Cary Cusack of 3925 Boston Circle was concerned about the improvements and the method of suggested payment, and suggested the owner pay the cost on the basis of what additional installation would have cost at the time of the original development. 5 Council Minutes November 17, 1987 Councilman Egan's questions related to the method of financing and how to proceed in conjunction with the Lexington Avenue upgrading. Councilman Wachter asked what the developer would contribute. The developer had requested a 30 day continuance for the hydrologists to review the issues and to allow a feasibility report to be prepared. A funding request is being made through the DNR which would not exceed $75,000.00 for the year. A watershed district tax was also suggested, but currently, such a tax would be within levy limitations for the City. Dakota County representatives indicated that the Lexington Avenue storm sewer improvements could be installed at the present time and still fit into the future road improvements. A question arose as to whether the system could be designed beyond the projected 100 year storm level. Mayor Blomquist noted that the system did not work and there appeared to be a dispute between the City's Consulting Engineer and the developer's engineer. Councilman Smith recommended the improvements proceed and that the suggested swales also be installed. After extensive review, Egan moved, Wachter seconded the motion to direct the City Engineer to prepare a formal feasibility report and direct the engineers to review the hydraulics of the system, and if necessary, that the staff be authorized to hire a third engineering firm to review any dispute between the City engineers and the developer's engineers; further, that alternate funding methods be examined and alternate designs, including swales be provided; further, that the request of the neighbors be considered in the preparation of the feasibility report. All voted yes. BRIDLE RIDGE & SURREY WOODS - VARIANCES A request from Sienna Corporation for variances for approximately 80 lots identified in Lot 2, Block 3, and Block 7 through 10 of the Bridle Ridge First Addition and in Surrey Woods was next brought to the City Council. The Public Works Committee met on the site on November 6, 1987, including council members Wachter and Ellison, and a recommendation was made by them to the City Council regarding the request. Mr. Hedges introduced the request and reviewed the recommendations, including the following: 1. That no variance be granted on an administrative basis for the approximately 80 lots. 6 Council Minutes November 17, 1987 2. That the Council consider up to 10 foot front yard variances for Lots 21 through 24, Block 7, realizing any variance less than 5 feet will not resolve the problem for the development. 3. Consider a maximum number of possibly 5 lots to grant variances on an administrative basis of up to 5 feet. He noted however, that number 3 was not a recommendation but that the council only consider such variances. Rod Hardy of Sienna Corporation was present and requested a maximum of up to 8, rather than 5 lots, be allowed variances of 10 feet each. Wachter noted the homes could be built with the required setbacks, but that they would be up to the tree line and recommended 4 lots total be granted for variances. Councilman Ellison noted that the cul-de-sac island was constructed taking an additional 5 feet, and it's important that each plat take into account the potential for future variances at the time of design. Councilman Wachter moved, Egan seconded the motion to grant the variances for Lots 21 through 24, Block 7 as described. Mayor Blomquist was concerned about parking space reduction and snow stacking problems. All voted in favor except Blomquist who voted no. Smith then moved, Egan seconded the motion to approve the variances of up to 5 feet each for no more than 4 lots in Surrey Woods and 4 lots in Bridle Ridge Addition, and subject to staff discretion as to which lots would be granted the variances, but that a maximum of 15 feet variance would be granted for each of the two developments. Councilmen Eagan and Smith voted yes; Blomquist, Wachter and Ellison voted no. The motion died. ARTEAM EAGAN ASSOCIATES - CONDITIONAL USE PERMIT RESIDENCE INN HOTEL An application was received from Arteam Eagan Associates for conditional use permit to allow pylon sign for the 120 room Residence Inn Hotel complex located south of Lone Oak Road and west of Highway I-35E. The proposed sign would be 25 feet in height, and Mr. Runkle stated that upon recalculation, there would be no variance needed as originally requested. The APC recommended approval at its meeting on October 29, 1987. No representative of the applicant was present. Egan moved, Wachter seconded the motion to continue consideration of the application until later in the meeting. All voted yes. 7 Council Minutes November 17, 1987 11.3 CEDAR CLIFF COMMERCIAL PARK - PD EXTENSION A request of Cedar Cliff Partnership for planned development extension for Cedar Cliff Commercial Park Addition came to the City Council for its review. The Advisory Planning Commission recommended approval for a three-year extension, retroactive and beginning in 1985. The Planned Development was approved in 1980 for a period of five years, and the last review took place in November of 1985. There was discussion about the advantage to the City to allow the planned development to continue until it is fully developed. Smith moved, Ellison seconded the motion to approve the extension of time for 5 years, beginning in 1985. All voted in favor. CEDAR CLIFF COMMERCIAL PARK 4TH ADDITION - PRELIMINARY PLAT AND PYLON SIGN PERMIT A public hearing was held before the Advisory Planning Commission on October 29, 1987 to consider a planned development amendment and conditional use permit for pylon sign and preliminary plat for 1.83 acres for an automotive service center under LB designated land, within the Cedar Cliff Commercial Park planned development, located north of Cliff Road between Cliff Drive and Scott Trail. The APC recommended denial for the same reasons that were used at its August 25, 1987 meeting. Dale Runkle, City Planner, was present and at the request of the developer, recommended that a continuance be granted until the December 1, 1987 meeting. Ellison moved, Wachter seconded the motion to approve the continuance. All voted yes. SEE PLAT FILE CEDAR CLIFF COMMERCIAL PARK - PLANNED DEVELOPMENT AMENDMENT The application of Federal Land Company to allow motor fuel sales on Lot 1, Block 2, Cedar Cliff Commercial Park Planned Development, came next to the Council for its review. The Advisory Planning Commission recommended denial based upon the Development Agreement that excluded gas pumps within the Cedar Cliff Shopping Center. Dale Runkle introduced the application and Martin Colon appeared for the applicant and explained the background, including the proposal for two gas pumps. He stated that in his opinion, the ordinance issue is no longer a factor, and that neighbors generally, are in agreement. Mayor Blomquist asked how many neighboring owners opposed the application, and noted that there were no area residents present at the meeting. 8 Council Minutes November 17, 1987 S According to Mr. Colon, there were 37 residents within the area to be noticed, with 21 signing the Petition favoring the project, 3 who could not be contacted, one unit was vacant, and 12 refused to sign for various reasons, including opposition. Councilman Egan noted that the issue is not that of safety, at this location. City Attorney Paul Hauge stated the development agreement is the issue, and whether the City Council would, in effect, amend the agreement to allow gas pumps. Mr. Egan further noticed that none of the objecting owners were present and that was an important reason for imposing the prohibition initially. Egan moved, Smith seconded the motion to approve the amendment to the Planned Development and the Development Agreements, as requested to allow the gas pumps, based upon the reasons described above, and that there are no safety issues regarding the present site. The approval is subject to the following: 1. The canopy shall be constructed of the same material and color as the strip center, and no additional signage shall be allowed on the canopy. 2. The gas pumps shall not be in operation past 11:00 P.M. 3. All other City requirements. 4. Adequate screening will be provided on the westerly island. All members voted in favor. BRIDLE RIDGE ADDITION - VARIANCE - JOHN L. MADISON, JR. An application of John L. Madison, Jr. for variance for 5.09 foot setback from public street on Lot 1, Block 14, Bridle Ridge Addition next was heard. Mr. Runkle explained the request and the applicant was present. Mr. Madison stated that the lot is not wide enough to allow a standard home on the lot without a variance. Councilman Egan was concerned that there may be individual requests from lot purchasers, even if the Council did not grant the variances as requested by the developer. Noting that it is a corner lot and it is not an undersized lot, Smith moved, Wachter seconded the motion to approve the request, subject to compliance with all City Code requirements. All members voted yea. 9 Council Minutes November 17, 1987 RESIDENCE INN HOTEL - CONDITIONAL USE PERMIT The Council then reconsidered the application of Arteam Eagan Associates for conditional use permit for pylon sign for the Residence Inn Hotel. Smith moved, Wachter seconded the motion to approve the application, with the understanding that no variance was required and compliance with all City ordinance requirements. All voted in favor. CEDAR CLIFF COMMERCIAL PARK - FOUNDATION PERMIT Loren Spande appeared and asked whether the City Council would allow the foundation permit for the Building Block Day Care Center in the Cedar Cliff Commercial Park. Mr. Hedges indicated that on November 5, 1987, the City Council refused to grant the foundation permit, because the final plat had not been completed. It was understood that all information required for final plat approval had not been submitted to the staff. McKEE ADDITION - AIR NOISE ISSUES A number of residents in the McKee Addition appeared regarding their objections to the extreme air noise that they had been experiencing in the area. Ted Plant of McKee Addition was present and mentioned that a Petition had been distributed among residents in the McKee Addition requesting corrective action on behalf of the Metropolitan Airports Commission and the City Council. He inquired as to what the time frame would be if the City were to change the proposed uses for the property, and Councilmembers indicated that the current zoning is Single Family, but the Comp Guide designates the property as Industrial. There is no intention on behalf of the City to change the use of the property at the present time. Mr. Plant indicated that the noise levels had reached as high as.108 to 109 decibels four times a day for two hour periods. Assistant Administrator Jon Hohenstein was present and noted that certain McKee residents had approached the staff and asked to submit their concerns to the City Council. A Petition had been prepared and. copies were submitted to Council members. He. noted that MAC. is not considering any corrective action in the McKee area, and the staff-brought the issue to the Council for information and not for action. Another resident strongly objected to the noise and stated safety is also a concern. Mr. Hohenstein explained that some corrective measures could include fanning the aircraft over the east side of th river, additional insulation in homes and buildings, and prevention of additional residential construction under the flight path. 10 Council Minutes November 17, 1987 Blomquist moved, Egan seconded the motion to direct the staff to forward a letter to the Metropolitan Airports Commission to review the options for noise abatement, and further identify the area for specific corrective action, in addition to the other issues that were discussed and reviewed by the staff. All members voted affirmatively. RESIGNATION OF BOB COOPER FROM CABLE COMMISSION Bob Cooper submitted his resignation as a members of the Burnsville/Eagan Cable Commission. Upon motion by Ellison, seconded Egan, it was resolved that the resignation be accepted, with a special acknowledgement for his long and active tenure on the Commission. All voted in favor. COUNTRY HOLLOW ADDITION Tom Colbert brought to the City Council a concern that Dakota Electric will not be able to supply electric power to the new Country Hollow Addition until the Spring of 1988. Building permits have been granted for the subdivision, including model home permits, and direction was requested as to whether further building permits should be approved. He also noted that electric service could not be granted for the storm sewer pumping station. COUNCIL VACANCY Tom Hedges explained that three newspaper reporters were present in the audience and asked whether the City Council had intended to take action regarding the advertising .and organization of a interview committee for the vacancy in the City Council that will take place after January 1, 1988. Councilman Ellison had suggested that the Council appoint the 4 persons who will be members of the City Council beginning January 1, 1988 to interview during December 1987, those candidates who express- an .interest in the council vacancy. He -also suggested that the Council authorize the advertising. for the vacancy immediately so that resumes may be submitted., Ellison moved, Wachter seconded the motion that a four member committee be set up, including Councilmen Wachter, Egan and Ellison and Councilman-elect David Gustafson, to interview::-the applicants during the-month of December, with the understanding that the cut- off date for applications would be December 11, 1987 and that interviews would take place during.._the.following week. Councilman Egan.,stated.that this would: be a.:'new.concept and that.,the problem with..., busy 'schedules 'of :Councihmembers-~in December would.- be')a problem. He.suggested..the' interviewing take place after January 1, 1988. Those in favor were Ellison and Wachter, those against were Egan and Blomquist; Smith abstained. The motion failed. 11 Council Minutes November 17, 1987 f, FIRE STATION NO. 5 - RESIDENTS MEETING The City Administrator announced that a meeting of area residents from around the proposed fire station No. 5 had been held and that there did not appear to be any strong objections to the development of the fire station on that site at Galaxie and Cliff Roads. EAGAN HISTORY BOOKS Noting that there was a surplus of Eagan History Books still available, Wachter moved, Egan seconded the motion to offer the books for sale to the general public at $5.00 each. All voted yea. KENSINGTON ADDITION - PARK SITE Mr. Hedges reviewed with the City Council the earlier action by the Council to allow a joint proposal be submitted by Dan Gustafson and the City to the U. S. Housing and Urban Development, and First National Bank of St. Paul, for the acquisition of the undeveloped Kensington Place 1st Addition site on Diffley and Lexington Avenue. He indicated that the offer had been turned down by HUD, noting the HUD had concerns about sale to a private developer and in turn, a portion of the balance to the City. Ken Vraa was present and discussed a proposal that the City acquire the entire parcel, approximately 65 acres, and that the City proceed to plan the use of the park with the sale of the balance to a private developer at a later time. The offering price by Mr. Gustafson was discussed, including the proposed purchase price by the City from Mr. Gustafson. There was also discussion as to the method the City would use in reselling a portion of the property, and further, whether HUD would allow the sale of the entire parcel to the City and then resale of a portion to a private developer. Smith moved, Egan seconded the motion to authorize the City to proceed to either independently purchase the entire Kensington site as proposed with the resale of a portion of the site at a later time to a private developer, or to purchase jointly with Dan Gustafson; further, to authorize the preparation of a Purchase Agreement to be submitted to First National Bank of St. Paul and to HUD for approval. All members voted in favor. SPECIAL CITY COUNCIL MEETING Upon motion by Smith, seconded Ellison, it was resolved that the special council meeting scheduled for November 24, 1987 be rescheduled to November 23, 1987 at 7:00 p.m. at the City Hall. All voted affirmatively. 12 Council Minutes November 17, 1987 Y.• CITY COUNCIL VACANCY Council Ellison again proposed that the City Council authorize advertising for persons interested in filling the vacancy on the City Council, beginning in 1988. Upon motion by Wachter, seconded Egan, it was resolved that the Council authorize the staff to advertise immediately for persons interested in filling the vacancy on the City Council with the resumes to be submitted by December 11, 1987 and that interviews be held on the evening of January 7, 1988. All councilmembers voted yes. LAWSUIT UPDATE 1. Case against Officer Linda Myhre. City Attorney Paul Hauge described an action that was recently started against Eagan Patrol member Linda Myhre, for alleged negligence resulting in a personal injury incurred in an accident in August of 1987, while on duty as a police officer. 2. O'Neil vs. City of Eagan. Paul Hauge then asked for direction from the City Council concerning the O'Neil vs. City of Eagan action, which is now scheduled for trial in the Dakota County District Court on December 28, 1987. Noting the significant amount of time that would be necessary to prepare for trial, the fact that there would be a change in the members of the City Council in 1988, the potential for conflict on behalf of Larkin, Hoffman firm because of the Hoffman development project is scheduled to be heard by the City Council on December 1, 1987, the consensus of the Council was that a request should be made to continue the trial into 1938, with the understanding that the issue will again be reviewed after the December 1, 1987 City Council meeting. CHECKLIST Smith moved, Egan seconded the motion to approve the payment of special counsel attorney fees for Mayor Blomquist incurred during her deposition in the Bieter vs. City of Eagan action. All voted yes except Blomquist who abstained. Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated November 17, 1987 in the amount of $332,920.17 be approved. All voted yea. and dated October 31, 1987 in the amount of $2,340,278.55. 13 Council Minutes November 17, 1987 ADJOURNMENT Upon notion duly made and seconded, the meeting adjourned at 10:45 p.m. All voted yea. PHH Ci6~ Clerk 14