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01/06/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 6, 1987 A regular meeting of the Eagan City Council was held on Tuesday, January 6, 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, City Engineer Tom Colbert, City Planner Dale Runkle, Consulting Engineer Bob Rosene, and City Attorney Paul Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as presented to the Council. All voted in favor. MINUTES Regular Council Meeting - December 16, 1986. Upon motion by Egan, seconded Ellison, it was resolved that the Minutes be approved subject to the following revisions: Pilot Knob Road, Project #466, page 5, the motion should provide that the public hearing be closed, that the project be ordered in with the final median design to be determined by the City Council prior to final median design, and locations in the project for five lanes to be approved by the City Council prior to the final plat approval by the Council; further, Building Contractor Licensing, Code Section 6.42, at page 13, the following reasons should be added to the motion regarding building contractor licensing: 1. The performance bond does not serve any purpose for either the homeowner or the City if faulty workmanship should occur by a builder or contractor. 2. It was determined that the City may be increasing its liability exposure by requiring notice of insurability by each builder, if there is a claim made any time during the construction of a building. 3. The Building Inspection Department has indicated that when a contract license is granted, the City must issue building permits to the builder regardless of the builder's performance, unless the contractor's license is revoked by the City Council. All voted in favor. Special Joint Meeting of Advisory Planning Commission and City Council - December 9, 1986. Ellison moved, Wachter seconded the motion to approve the special meeting minutes. All voted yes. 1 Council Minutes January 6, 1987 FIRE TRAINING FACILITY City Administrator Tom Hedges explained to the City Council the current status of the proposed Fire Training Facility Agreement with four neighboring communities with the center to be established in Burnsville. The primary issue had to do with the indemnification paragraph 12, and it was recommended that each City hold the other City harmless, and include wording regarding Cities that rent the facility. The premium covering liability insurance was an issue, and it was recommended that repair and reconstruction cost in excess of $4,000.00 be approved by each City Council. There was a question as to the estimated average maintenance cost for the facility and whether Burnsville should retain the rent for non-member cities to cover maintenance. Councilman Ellison recommended that all rental receipts above the maintenance cost be distributed pro-rata among the member cities. Egan moved, Wachter seconded the motion to approve the Joint Powers Agreement for Fire Training Facility, subject to the modifications that were recommended by the Councilmembers. All voted in favor. FIRE STATION NO. 4 SITE Mr. Hedges stated that several sites have now been reviewed and will be proposed in the Dodd Road area for Fire Station No. 4. Fire Chief Ken Southorn was present and indicated that 12 architects submitted bids for the facility. The Public Works Committee was directed to meet with the Fire Chief and City Administrator to pare down the list to 4 finalists who will be interviewed by the City Council. PUBLIC WORKS DEPARTMENT PATRICK McCARTHY PROPERTY - DEERWOOD DRIVE - PROJECT #455 The Court appointed commissioners have filed an award for the condemnation acquisition of permanent and temporary road right-of-way along the Patrick McCarthy property on Deerwood Drive in the amount of $8,782.00. The City's appraisal was $7,375.00 and the property owner's appraisal was $10,500.00. The City Attorney and Public Works Director recommended the Council accept the Commissioner's award and authorize the payment. Upon motion by Wachter, seconded by Egan, it was resolved that the recommendation be approved and authorized. All voted affirmatively. PILOT KNOB ROAD - PROJECT #466 City Public Works Director Tom Colbert submitted to the Council certain design concerns, including the elimination of access to Diffley Road on the east side of Pilot Knob Road, because of construction issues, regarding Project #466. He questioned whether the Council would approve the elimination 2 Council Minutes January 6, 1987 of the access now at Malmo Place because of the grade differential and the need to remove a duplex. Mayor Blomquist favored retaining the access as did Councilman Wachter, for reasons including heavy use and safety. Councilman Ellison stated that he strongly favored retaining an access either at the present location or at the proposed location. In addition, Mr. Colbert discussed the Hilltop Plaza frontage road and proposed a two-way frontage road in the design process. Councilmembers concurred with the proposal. The third location issue dealt with providing right-turn lanes at various locations and it was noted that the County had no specific guidelines for such right-turn lanes. The Council gave directions to the Public Works Director to include the right-turn lanes at designated locations. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Assistant City Engineer. Councilman Egan stated that it was his opinion that the Assistant City Engineer is in a position with a great deal of public exposure, and that he strongly recommended that the final candidate be interviewed by the City Council members. Upon motion by Egan, seconded Wachter, it was resolved that the Council continue consideration of the appointment of the Assistant City Engineer until an interview of the final candidate takes place by Councilmembers. All voted yea. 2. Personnel Items. a. Planning Aide. It was recommended that Marilyn Wucherpfenning be hired as a Planning Aide in the Planning Department effective January 2, 1987. b. Receptionist-Clerk Typist. It was then recommended that the Council authorize the advertisement for the filling of the clerk typist vacancy caused by Marilyn Wucherpfenning's change in position. 3. Surplus Police Vehicles. Bids have been received for the sale of Squad No. 7 with a high bid of $2,085.00 from Suburban Auto Sales, and in addition, the high bid from Donn Smith in the amount of $157.00 for the sale of a 1980 Chevrolet Citation. It was recommended that the high bids for each of the autos be approved. 4. Broadway Pizza - Wine and Beer License. An application has been received from Broadway Pizza which is the successor to Slicer's Pizza Restaurant, at the Cedar Cliff Shopping Center, for wine and on-sale beer license. It was recommended that the application be approved, subject to compliance with the City Ordinance requirements. 3 Council Minutes January 6, 1987 5. Blackhawk Road - Project #488. The feasibility report has been submitted by the Consulting Engineers for Project #488 consisting of street improvements on Blackhawk Road, from Diffley Road to Deerwood Drive. It was recommended that the report be received and a public hearing be scheduled for February 3, 1987 at 7:00 p.m. at the Eagan Municipal Center. 6. Lone Oak Addition - Project #492. The feasibility report has been submitted covering Project #492 relating to street and utility improvements in Lone Oak 2nd Addition. The staff recommended that the Council accept the report and schedule a public hearing to be held before the City Council at its regular meeting on February 3, 1987 at 7:00 p.m. at the Eagan Municipal Center. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items as recommended. All Councilmembers voted in favor. POLICE DEPARTMENT Police Chief Jay Berthe was present and submitted information concerning the acquisition of 21 hand-held radio units purchased through the Hennepin County Purchasing Division for use by the Fire and Police Departments. Funds will be acquired from the 1987 City Budget. LEXINGTON WAY - ROADWAY IMPROVEMENTS Tom Hedges noted that at the December 16, 1986 City Council meeting, there was considerable discussion regarding the future construction of cul-de-sacs at the north end of Lexington Way. The final plat of Lexington Hills was considered at that time, and the Mayor asked that the item be placed on the January 6, 1987 agenda for further consideration. Public Works Director Tom Colbert reviewed the proposal for the cul-de-sac including the east-west roadway between Lexington Way and Lexington Avenue, which had been recommended by the City Council. He noted that with the east- west roadway, the 500 foot maximum cul-de-sac guidelines could then be complied with. The former plan providing for a cul-de-sac on the south end of Lexington Way was also discussed. Jim Hegland representing the Covenant Church, which is the owner of the northerly portion of the parcel between Lexington Avenue and Lexington Way, requested the north cul-de-sac be moved farther north, and also opposed the east-west road, noting that it would remove considerable parking planned for the church site. Mayor Blomquist pointed out the need to rezone the church property, and also the need for access to Lexington Avenue. Councilman Smith stated that the cross street may be important and indicated that the purpose of the discussion at the meeting was simply to see input from the adjacent owners. Councilman Wachter suggested that the church representatives lay out the proposed parking for the church site for future roadway consideration. 4 Council Minutes January 6, 1987 ~~V N Joe Krisnik, an owner on Lexington Way, recommended the developer of Lexington South pay for some of the costs of the road improvements. Other neighboring owners were present, some of whom made statements, generally in favor of the cul-de-sac on the north end. Gary Erickson, the Dakota County Public Works Director, was also present and answered questions of the City Council members, including the EAW regarding Lexington Avenue improvements. The general consensus of the Council and the owners present was that the east-west road should be installed and the cul-de-sac placed at the north end of Lexington Way. No formal action was taken. BUROW POND - PROJECT #452 Mr. Colbert presented a claim from Developers Construction, Inc. relating to Project #452 which had been introduced at the December 16, 1986 regular council meeting. A request had been submitted by Loren Spande of Developers Construction, Inc. to the Eagan Police Department at 9:42 a.m. on Sunday, September 21, 1986 indicating the parking lot adjacent to Burow Pond was flooded and requested pumping to be performed. The police department records indicate that they were unsuccessful in contacting the public works department supervisory personnel, and Mr. Spande proceeded to hire M. G. Astleford Co. to perform the pumping. Mr. Colbert stated that he felt that certain parts of the statement were excessive in cost, and that further time should have been given to allow the City maintenance personnel to have accomplished the pumping. Loren Spande was present in the audience. Councilman Smith moved, Mayor Blomquist seconded the motion to authorize the payment as presented, noting that it appeared that City personnel did not properly attempt to notify the maintenance personnel. Councilman Ellison stated that he felt that the Council and City should have been given more opportunity to accomplish the work. There was also discussion about potential liability of the City in the event of damage to the adjoining building. Those in favor were Blomquist, Smith and Egan; those against were Wachter and Ellison. ABF FREIGHT SYSTEM - CONDITIONAL USE PERMIT - PYLON SIGN The application of ABF Freight System for conditional use permit for pylon sign on Lots 3 - 6, Plainview Addition, again came to the City Council. There was no appearance on behalf of the applicant. Smith moved, Egan seconded the motion to continue the application indefinitely. All members voted yes. 5 Council Minutes January 6, 1987 NORTHWESTERN BELL TELEPHONE CO. - VARIANCE LEXINGTON AVENUE & DIFFLEY ROAD A request for an 0.5 foot rear setback variance was received from Northwestern Bell Telephone Co. for the building located on Lexington Avenue and Diffley Road. A 15 foot expansion was proposed according to Dale Runkle. The owner had recently submitted a verbal request to reconstruct the building because of more recent technology. The intent will be to more closely design the building, commensurate with the adjacent buildings. A representative of Northwestern Bell Telephone was present and asked for approval of a special permit to allow Northwestern Bell to begin construction of the building, prior to approval of the waiver of plat for additional land that would necessarily be required to be added to accommodate the proposed building. There was considerable discussion concerning allowing the permit for the building to be granted prior to the waiver of plat approval, but the hardship and emergency conditions were discussed at length. Smith moved, Wachter seconded the motion to authorize the waiver of plat application to be placed upon the January 27, 1987 Advisory Planning Commission agenda for recommendation to the City Council. All voted yes. NORTHWESTERN BELL - VARIANCE - DIFFLEY ROAD An application of Northwestern Bell Telephone Company for variance along the 13 foot rear setback for the utility building, adjacent to the Cedar Grove Baptist Church on Diffley Road, next came to the Council. Mr. Runkle indicated that the same proposal was being submitted to construct a new building on the site, rather than an extension of the existing building, and that the configuration of the building would be changed to an east-west direction. The result would be about an 8 to 9 foot setback according to the representative present. Pastor Nelson of the Cedar Grove Baptist Church was present and indicated that the church had no objections to the proposal, provided that the building would be no greater or less than 10 feet from the west and north property lines. Smith moved, Wachter seconded the motion to approve the variance to allow setback of no less than 8 feet from the property line as proposed. All members voted yes. 6 Council Minutes January 6, 1987 HUNAN GARDEN RESTAURANT - CONDITIONAL USE PERMIT The application of Maurice Fung for conditional use permit to serve 3.2 beer and wine for the Hunan Garden Restaurant in Town Centre 70 Shopping Center, came to the Council for its review and consideration. Maurice Fung was present, and the Advisory Planning Commission at its meeting on December 18, 1986 recommended approval. Mr. Fung indicated the intent is to open the restaurant in February 1987. Egan moved, Smith seconded the motion to approve the conditional use permit to allow on-sale beer and wine licenses as submitted, subject to compliance with all City requirements. All members voted affirmatively. TOWN CENTRE 70 SEVENTH ADDITION - KENTUCKY FRIED CHICKEN PRELIMINARY PLAT & CONDITIONAL USE PERMIT The application of DeLaria Development Corporation for preliminary plat approval of Town Centre 70 Seventh Addition for a Kentucky Fried Chicken fast food restaurant and conditional use permit, to allow drive-through and pylon sign was next brought to the Council. The Advisory Planning Commission at its December 18, 1986 meeting recommended approval, subject to certain conditions. The plat consists of an 0.66 acre lot on Town Centre Drive, with the facility containing 54 seats. The staff recommended removal of one parking stall in front of the building, for food pick up customers, providing an easier turning radius to re-enter the parking area. The pylon sign would be 26 feet in height with 114 square feet of signage, plus reader board of 32 square feet, for a total of 146 square feet. The Advisory Planning Commission recommended compliance with the 125 square footage requirement of the ordinance, including the sign and reader board. Dale Runkle described the application and Tom Colbert recommended moving the access 60 feet from the east property line to avoid any proximity to the Arby's access location. Don DeLaria appeared for the applicant and indicated that the front parking stall is desirable for drive-up purposes. After discussion, Councilman Smith moved, Councilman Egan seconded the motion to approve the application for preliminary plat approval with the understanding that further negotiating of the front access will take place prior to the final plat approval and subject to the following conditions: 1. All standard platting conditions shall be adhered to. 2. A Parks Dedication fee will be required. 3. A detailed landscape plan will be prepared prior to the final plat submission and a financial guarantee provided and not released until one full year from the time of installation. 4. The single parking stall on the exit lane shall be maintained, if possible, and upon staff's approval, after review of the possibility of relocating the site further to the north. 7 Council Minutes January 6, 1987 5. A MnDOT permit for storm water discharge into I-35E right-of-way must be obtained prior to final plat approval. 6. The centerline of the singular driveway access into this development shall be a minimum of 60 feet west of the east property line. 7. All internal parking lot configurations and circulation shall be in accordance with City engineering standards regarding dimensions and layout. 8. The developer shall be responsible for minor modifications to the existing catch basin inlet in the north gutter line of Town Centre Drive, at the entrance to this development. All members voted yes. Charles Bartholdi, on behalf of Federal Land Company, requested a 114 square foot pylon sign plus reader board to conform with the Burger King sign. It was noted, however, that the Burger King sign permit had been approved prior to the Planned Development Sign Agreement for Town Centre 70 and 100 being implemented. Egan moved, Wachter seconded the motion to approve the conditional use permit for the drive-through and sign, with the understanding that the square footage for the sign and reader board will conform with the maximum 125 foot square footage under the Eagan City Code. All members voted in favor. HUNAN GARDENS - WINE AND BEER LICENSE An application for wine and beer license for the Hunan Garden Restaurant in the Town Centre Shopping Center was submitted and it was recommended to be approved by the staff. Smith moved, Ellison seconded the motion to approve the license application of Maurice Fung at 1304 Town Centre Shopping Center. All voted yea. WALGREEN DRUG - OFF-SALE BEER LICENSE An application of Walgreen Drug for off-sale beer license for the Town Centre Shopping Center Walgreen store was brought to the Council for its review. There being no objections, Smith moved, Ellison seconded the motion to approve the application, subject to compliance with City ordinances. All voted yes except Wachter who voted no. 8 Council Minutes January 6, 1987 ACCESSORY APARTMENT/HOUSING ORDINANCE Tom Hedges introduced a proposed draft of an Ordinance amendment to Chapter 11 relative to accessory apartment/housing. There had been discussion by City Council members for approximately two years concerning a proposed ordinance for accessory housing, and a draft prepared by the City Attorney's office was submitted for review. There were concerns about enforcing the provisions of the ordinance, and also the Councilmembers generally opposed the requirement that the owner live in the residence for two years prior to approval of an accessory housing permit. It was noted that the City Planner would initially approve each application, subject to appeal to the City Council. In addition, amendments were requested by the City Council members, including no requirement for two covered garage spaces for each single family residence with accessory housing. After considerable discussion, Egan moved, Wachter seconded the motion to direct the City Attorney's office to redraft the Ordinance amendment and schedule the Ordinance before the Advisory Planning Commission for a public hearing covering an amendment to Code Chapter 11. All members voted yes. 1987 COST OF LIVING ADJUSTMENTS The City Administrator recommended to the Council a cost of living adjustment be approved for all non-collective bargaining personnel employed as permanent employees for the City of Eagan. He discussed the increases in cost of living, including the increases approved by the maintenance department collective bargaining group. After discussion, Wachter moved, Egan seconded the motion to approve a cost of living adjustment of 3% for all non-collective bargaining full-time employees effective January 1, 1987. All councilmembers voted affirmatively. WINDTREE 5TH & 6TH ADDITIONS - STREET & UTILITIES - CONTRACT #86-5 A final payment request was made for the street and utility improvements in Windtree 5th and 6th Additions under Eagan Contract #86-5 and it was recommended by the staff that the payment be approved. Smith moved, Ellison seconded the motion to approve the fifth and final payment, and to authorize the amount of $14,007.01 to Richard Knutson Incorporated, and authorize formal acceptance for perpetual maintenance. All members voted yes. MINNESOTA TIMBER WOLVES BASKETBALL FRANCHISE The proposed franchisee of the National Basketball Association, Minnesota franchise, has requested that City Councils throughout the State indicate approval of a name for the basketball franchise, either the Minnesota Timber Wolves or Minnesota Polars. Egan moved, Wachter seconded the motion to recommend the Minnesota Timber Wolves name be used for the franchise. All voted yes. 9 Council Minutes January 6, 1987 fi~._ h LSD SPECIAL COUNCIL MEETING - JANUARY 13, 1987 A special Council meeting was designated for January 13, 1987 at 6:00 p.m. to interview applicants for committees and commissions for 1987. COMPREHENSIVE GUIDE REVISIONS The Councilmembers discussed a proposal for an additional joint Advisory Planning Commission and Council meeting prior to final recommendation by the Advisory Planning Commission of the Comp Guide revisions. It was determined that no joint special meeting be scheduled. CHECKLIST Wachter moved, Egan seconded the motion to approve the Checklist dated January 5, 1987 in the amount of $549,966.75 and the checklist dated January 6, 1987 in the amount of $143,765.55. All voted yes. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting at 10:15 p.m. with the Council entering into executive session to discuss pending litigation. All members voted in favor. PHH CitIt lerk 10