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02/03/1981 - City Council Regular O ''3 0 ,3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 3, 1981 A regular meeting of the Eagan City Council was held on Tuesday, February 3, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Wachter, Parranto and Smith. Also present were City Public Works Director Colbert, City Engineer Rosene, City Administrator Hedges and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as pre- sented. All voted aye. MINUTES Wachter moved, Egan seconded the motion to approve the minutes of the January 20, 1981, regular meeting. All voted yes. DEPARTMENT HEAD BUSINESS There was no Department Head Business scheduled for the meeting. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. St. John Neumann Church 3.2 Beer License. An application for non- intoxicating malt liquor license for the St. John Neumann Church for casino night on February 28, 1981, was recommended for approval. 2. St. John Neumann Gambling License. An application for a combination gambling license for the February 28, 1981 casino night at St. John Neumann Church was also recommended for approval. 3. Improvement Contract #216, Mallard Park Utilities. It was recommended that Change Order No. 2 to Improvement Contract #216 for Mallard Park utili- ties in the amount of $6,627 be approved. 4. Improvement Contract #216 Final Payment. It was recommended that the final payment for Contract #216 for Mallard Park utilities to Fredrickson Excavating Company in the amount of $13,026 be approved by the Council. 5. Improvement Project #217 Final Payment. The City Engineer recommended 1 0 0 0 4 approval of the final payment under Improvement Project #127 to provide for payment to Fredrickson Excavating Company for the Hilltop Estates utilities in the amount of $6,701.70 and accept perpetual maintenance. 6. Improvement Contract #227A Final Payment. It was recommended by the Public Works Director that final payment and acceptance of the St. Francis Woods, Rustic Hills, and Oak Chase 4th utilities under Project #227A be ac- cepted for perpetual maintenance and approval of final payment to Parrott Construction Company in the sum of $19,852.17. 7. Improvement Project #239A Final Payment. It was recommended to accept Improvement Project #239A consisting of Thomas Lake Road, Wescott Road, and Park Cliff utilities and approve the payment to Parrott Construction Company in the sum of $31,240-31. 8. Improvement #79-15 Final Payment. The Public Works Director recom- mended final payment to Minnesota Valley Surfacing Company in the amount of $223,308.21 for Improvement #79-15 Vienna Woods streets and accept the project for perpetual maintenance. 9. I-494 Plan Approval. The City has received the final plans and speci- fications for the Minnesota River Bridge project contract #92-17 and Mr. Colbert recommended approval of the final plans and specifications for con- struction of Bridge #92-17 for I-494 Bridge and to authorize the Mayor and City Clerk to execute the MN/DOT resolution. R 81-7 10. Johnny Cake Ridge Addition Bond Reduction. After receiving a re- quest from U.S. Homes Corporation to reduce the development bond required for Johnny Cake Ridge Addition from $438,680 to $21,250, it was recommended that the authorized reduction be approved. 11. Ridgecliffe 2nd and 3rd Additions Bond Reduction. Mr. Colbert recommended that the request of U.S. Homes Corporation to reduce the develop- ment bond for Ridgecliffe 2nd and 3rd Additions from $171,100 to $44,050 be approved. 12. Ridgecliffe 1st, 4th, and 5th Addition Bond Reduction. A request from the U.S. Homes Corporation to reduce the Development Bond for Ridgecliffe 1st, 4th, and 5th Additions from $1,239,000 to $557,000 was recommended for approval. 13. Timberline Street Lights, Improvement Project #325. It was recom- mended the petition signed by residents in the Oslund Timberline Addition requesting a feasibility study for street lighting in that subdivision be received and that the public hearing on the feasibility study now completed be accepted and that the public hearing be scheduled for March 3, 1981 at 7:00 p.m. at the City Hall. Egan moved, Parranto seconded the motion to approve the foregoing consent agenda items as recommended. All voted in favor. 2 Off; O2 5 IMPROVEMENT #79-18, CHANGE ORDER NO. 3 It was recommended that Change Order No. 3 consisting of four parts in- volving Improvement #79-18 consisting of Brittany 1st Addition, Lake Park Addition and Thomas Lake Addition utilities be recommended for approval in the amount of $5,595. Egan moved, Wachter seconded a motion, to approve the change order as recommended. All voted in favor except Parranto who ab- stained. INDEPENDENT SCHOOL DISTRICT #196 DEFERRMENT OF CONNECTION CHARGES Mr. Colbert indicated that during the construction of utilities to Northview Elementary School under Improvement #80-20 the plans and specifica- tions were prepared and designed to provide for a direct connection to the school's existing on-site water and sewer systems. The School District re- quested that the SAC charges in the sum of $18,700 be paid to the MWCC by March 1 and that the remaining sum of $18,971 for Northview and $10,571 for Thomas Lake School connection charges be spread as a special assessments against the respective properties over a period of 15 years at 8%. A waiver of public hearing objections was submitted. Parranto moved, Wachter seconded the motion to approve the request but to spread the assessments over five years at 10% interest rate. All voted yes. IMPROVEMENT PROJECT #318 YANKEE DOODLE STORM SEVERS AND STREETS The City received a petition at an earlier time from the owners of the Bicentennial Addition requesting a feasibility report for the installation of storm sewer laterals along Yankee Doodle Road near Federal Drive and the feasibility report was now submitted by the City Engineer. Due to the fact that the Dakota County Highway Department in the upgrading of Pilot Knob Road recommended improvements to Yankee Doodle Road to a point 900 feet west of the intersection with Pilot Knob Road, it was recommended that the feasibility report as prepared by the City Engineer be received and that a public hearing be scheduled on the report for March 3, 1981, at 7:00 p.m. at the City Hall. Wachter moved, Parranto seconded a motion to approve the recommendation. All voted yes. EAGANDALE CENTER INDUSTRIAL PARK EXCAVATION PERMIT The City has received an excavation and grading permit application from Rauenhorst Corporation to place excess fill generated by the construction of proposed I-494 interchange over Lots 1 through 5, Block 8, Eagandale Center Industrial Park north of Trapp Road and east of Eagandale Boulevard. The staff recommended approval of the excavation and grading permit on Block 8 Eagandale Center Industrial Park and an additional $4,000 bond to insure the proper restoration of the hall road due to any filling operations. Wachter moved, Parranto seconded the motion, to approve the recommendation. All voted yes. DON GRANT PARKING CITATIONS Mr. Don Grant appeared on his own behalf regarding a parking citation served upon him and other persons whose automobiles were parked in the High- view Park area not designated for parking purposes. It was noted the com- plaints had been received from the Police Department concerning parking on the 3 Council Minutes O1102'G February 3, 1981 grass in the area two evenings in a row but that no "No Parking" signs or specific parking area was designated at Highview Park. Mr. Grant distributed some handouts and Park and Recreation Director Ken Vraa was present who recog- nized the need to sign parks to a greater extent. Mr. Grant recommended that all City parks have a minimum of 12 foot by 50 foot six inch gravel parking area enclosed as designated parking area and that the other areas as park areas be signed. Mr. Grant was given an opportunity to be heard and no action was taken. IMPROVEMENT PROJECT #326 SOUTH OAKS AREAL STORM SEWER AND SANITARY SEWER Mayor Blomquist convened the public hearing regarding Improvement Project #326 covering storm sewer and sanitary sewer improvements in the South Oaks Addition adjacent to Cliff Road. Three alternates were proposed in the feasi- bility report submitted by the City Engineer and they were discussed by Mr. Colbert and Mr. Rosene. It was recommended by the staff that alternate two is the most feasible route for the trunk storm sewer. A large group of neigh- boring property owners were present. There was an objection from the current owner of the Holtz farm on the south side of Cliff Road as to the amount of the proposed assessments. There were a number of questions from owners pre- sent and no other objections to the project. The staff recommended against alternate 1 because of additional cost and it would tear up the South Oaks streets and further it would require very deep storm sewer cuts. Sanitary sewer could be installed must shallower at the same time and sanitary sewer and water should be installed at the same time. There were concerns about the need for natural gas installation in the area and questions were submitted by residents in the South Oaks area to the Public Works Director. It was also explained that area assessments would be waived by the City in areas where ponding easements are granted to the City. There was discussion regarding future water improvements in the area but no demand at the present time. The hearing lasted from 7:00 P.M. to 7:50 P.M. Wachter then moved, and Egan seconded the motion to close the hearing. All voted yes. It was recommended that any affected property owners could send letters to the City Administrator requesting review of specific assessment issues by the Assessment Committee. Egan moved, Wachter seconded the motion, to approve the installation of the sanitary sewer and the storm sewer under alternate 2 as proposed under the preliminary report. All voted in favor. OVERHILL FARM ADDITION PRELIMINARY PLAT AND REZONING Mr. Dave Dehler and other Dehler family members appeared regarding the application of Overhill Properties, Inc., for rezoning from A to R-1 and R-2 and preliminary plat approval of Overhill Farm Addition at the northeast corner of Dodd Road and Cliff Road. The public hearing was held on October 28, 1980, by the Planning Commission which recommended approval subject to conditions. The Council had deferred the matter from the December 2, 1980, meeting to consider the installation of storm sewer improvements. Several layouts were reviewed and surrounding property owners questioned certain aspects of the project including the number of duplexes and also street ac- cess. It was recommended that two access roads from the addition be provided to Dodd Road. The R-2 lots intended would cover Lots 1 to 7, Block 1, from the south entrance road on Dodd Road to South Oaks Addition with no R-2 lots abutting South Oaks Addition. Smith moved, Parranto seconded the motion to rezone the property from A, Agricultural to R-1 and Lots 1 to 7, Block 1, to R-2. All voted in favor. Wachter then moved, Egan seconded a motion to 4 0 0`7 approve the preliminary plat showing alternate 2 and access to Dodd Road and subject to the following conditions: 1. Plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts Cliff Road. 2. A 75-foot half right-of-way shall be dedicated for Cliff Road. 3. Park dedication requirements of the City shall be complied with. 4. Vacation of the old Dodd Road alignment must be completed prior to final plat approval. 5. Excess triangular boulevard right-of-way adjacent to the northwest corner of this plat shall be incorporated in the final plat of Overhill Farm Addition. 6. All required grading in conjunction with public right-of-way shall be completed to insure maximum slopes of 2:1 outside of the public right-of-way. 7. Trunk sanitary sewer must be ordered for construction through this plat prior to final plat approval. 8. Storm sewer outlet for Pond LP-28 to Hay Lake (LP-31) must be ordered for construction prior to final plat approval. 9. Sufficient drainage and utility easements must be provided for to propagate the existing drainage adjacent to Cliff Road and for the previously referenced sanitary sewer and storm sewer extensions. 10. An effective erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. All existing and future special assessments shall be agreed upon according to City requirements. There was then discussion concerning the need to vacate the old right of way of Dodd Road. Egan moved, Wachter seconded a motion to authorize the initiation of this procedure to vacate a portion of Dodd Road adjacent to Overhill Farm Addition at the north end of the addition with the understanding that the Developer of Overhill Farm Addition will pay the expense of the vacation and further, that the surveying be done in conjunction with prepara- tion of the plat by the surveyor for the developer. All voted in favor. R 81-8 LEGAL NEWSPAPER FOR THE CITY D 81-4 The Council again discussed the designation of a legal newspaper for 1981 for the City of Eagan. It was noted by an opinion from the City Attorney that a legal newspaper must have been in circulation in the City for at least one year and have 500 copies regularly distributed without charge or a certain number of subscribers. Noting the Chronicle would not qualify under all requirements, Parranto moved, Egan seconded the motion, to approve the Dakota County Tribune as the legal newspaper for 1981 for the City. All voted in favor. 5 0 O 5 WARNING SIRENS BID AWARD Mr. Doug Reid, the Fire Marshal and Civil Defense Director appeared and discussed with the Council the bids received including that from the low bidder in the sum of $35,996 from FIREAP as the low bidder. There was discus- sion concerning the source of funding for the warning sirens. Mr. Reid recom- mended approval of the low bid noting that the sirens, if accepted, would be installed within 120 days after signing the contract between Eagan and FIREAP which would be in time for most of the severe weather season. There was discussion concerning possible location of the sirens and the need for a hearing to determine the exact location. Mr. and Mrs. Darrel Haines were present with concerns about the location of a warning siren at Fire Station #1. Wachter moved, Smith seconded a motion to approve the purchase of four sirens at the low bid of $35,996 with FIREAP under the Joint Venture bidding with several other cities; further, that a hearing be scheduled on March 3, 1980, at the City Hall as to the location for the four warning sirens. All voted in favor. MUSICAL EATERIES CONDITIONAL USE PERMITS The application of Musical Eateries, Inc., for conditional use permit for restaurant with on-sale liquor and recreation at 3994 Cedarvale Drive con- sisting of the former Cedarvale Theater was next considered. Attorney Gary Levinson and Peter Krzyaniak, the owner, appeared on behalf of the applicant. The APC recommended approval on a 3-2 vote subject to certain conditions. It was noted the maximum capacity would be 680 persons with the heaviest traffic from 9:30 to 10:30 p.m. There was considerable discussion concerning alleged violations and problems that had resulted around the Cisco's location in Burnsville including the numbers of complaints that were lodged with the Burnsville Police Department. A memorandum from City Planner Runkle dated February 2, 1981, attempted to answer questions of Planning Commission mem- bers. A number of retail merchants in the Cedarvale Shopping Center appeared and generally opposed the application. A petition signed by a number of the Cedarvale merchants was also submitted and Mr. Al Hochsprung, the Coast to Coast store owner, indicated that he did not authorize the signature on behalf of Coast to Coast favoring the petition and objected to the use of the Coast to Coast name. Other persons present indicated that there was confusion as to the representation about the nature of the restaurant. Michelle Doroshow of ABC Kiddie Shop appeared and objected to the application and indicated that she had received a letter from the Storkville owner stating that no Storkville employee had signed the petition. After discussion, Councilmember Egan stated that the petition did not represent the wishes of a number of the people on the petition and objected to its introduction. John Marshall, the manager of the Ben Franklin Store, stated that he had signed the petition after receiving misinformation and asked that his name be withdrawn. Egan them moved, Wachter seconded the motion that the petition be rejected as not representative of the attitudes of the merchants in Cedarvale Shopping Center as to this applica- tion. All voted in favor. Mr. Levinson stated that the owner would withdraw the petition. Mayor Blomquist asked whether the kitchen area facility would be large enough to accomodate the patrons to provide for 40% of the gross sales in food and stated that it was her opinion that the kitchen was too small for that purpose. There was a discussion concerning the need for outside and inside security guards and Mr. Levinson stated that the owners will do whatever is 6 01029 necessary for security purposes required by the City. The Council then dis- cussed the parking and the attorney, Mr. William Foster, for the shopping center owners, stated that there is no valid easement for sufficient parking within the Cedarvale Shopping Center complex for the proposed restaurant location. Also there were questions about access easements to the restaurant area and Mr. Foster stated that cancellation will be forwarded to the former owner by the end of the current week concerning the parking easement. Mr. Levinson stated that if parking is not available, there is no desire by Musical Eateries to open the facility and he had not seen the recorded ease- ment. Parranto then moved, Smith seconded a motion to table the application indefinitely until the parking lot easement issues are satisfied adequately to the staff's satisfaction and in the event that such is achieved that a new public hearing be scheduled and the matter be reconsidered by the City Council. All voted in favor. In addition, telephone calls to Councilmembers from two surrounding residents objecting to the application were mentioned by the Mayor. BARREL RECONDITIONING VARIANCE AND CONDITIONAL USE PERMIT The application of Barrel Reconditioning, Inc., for variance from front setback requirements, asphalt surfacing for a parking lot and a conditional use permit to allow outside storage was next considered by the Council. There were no persons present for the applicant. Egan moved, Smith seconded the motion to continue the application for lack of appearance noting the import- ance of the application. All voted yes. YANKEE SQUARE OFFICE NO. I FINAL RESOLUTION The final resolution for tax exempt financing for Yankee Square Office No. I in the sum of $950,000 was next presented to the Council. The resolu- tion authorized the commercial development revenue note and all documents had been submitted and reviewed by staff. Mr. Martin Colon was present and indi- cated that 100% of the building has been leased. There was no objection to the resolution. Smith moved, Parranto seconded the motion, all voted in favor, to approve the final resolution and authorize its execution. SEE BOND FILE IMPROVEMENT #80-21 BLACKHAWK LAKE OUTLET Paul Hauge, the City Attorney, reviewed with the City Council the up-to- date negotiations with property owners on the Blackhawk Lake outlet and indi- cated five easements are required for the project. Two easements from Hillcrest Development and Herbert Bergstrom have been acquired and consent to enter from John Pomroy has also been delivered to the City. Two property owners including Mr. and Mrs. Ross Kramer and Mr. and Mrs. Cy'Barry have not granted easements and there was considerable discussion concerning those easements. The Council discussed proposals for settling the easement issues and noted the demands of the property owners. After considerable discussion, Parranto moved, Smith seconded the motion to authorize the City Attorney and City Public Works Director to continue negotiations with the understanding that the storm sewer will cross the Kramer property. All voted yes. The Council determined not to take any action on approval of the final plans and advertising for bids. 7 J730 LIQUOR LICENSE POLICY The Council next considered a proposed draft of revisions to the Liquor License Policy including the authorization of four off-sale liquor licenses with two in the western area of the City, one in the general northeastern area and one in the general south central area of the City. It was noted that all licenses have been issued. In addition, the number of on-sale licenses al- lowed would be increased from 11 to 12 with $200,000 investment in building or portion of building for on-sale liquor license. Egan moved, Smith seconded a motion to approve the policies as amended. All voted in favor. D 81-5 EQUIPMENT CERTIFICATE RESOLUTION A bid was submitted by First Minnehaha National Bank of Eagan for Equip- ment Certificates for 1981. No bid was submitted by Mid-America National Bank of Eagan. Parranto moved, Wachter seconded the motion to accept the bid of First Minnehaha National Bank. All voted in favor. DENNIS MCCARTHY WESCOTT ROAD APPRAISAL The City Attorney submitted an appraisal done by the City's appraiser, Thomas Metzen, for the Wescott Road right-of-way west of Lexington Avenue. Mr. Parranto indicated that although it appeared to be fairly high, he would move to recommend acceptance of the appraisal and offer the appraised amount to the property owner. Egan seconded the motion, all voted yes. EAGAN CHRONICLE NEWS UPDATE Mr. Hedges explained a contact from the editor of The Chronicle newspaper requesting whether the City would be interested in placing an approximately monthly "Eagan City Desk News Update" from the City in the Chronicle. The cost of the ad was discussed and the matter was referred to the Community Development and Public Relations Committee for further study and recommenda- tion. EAGANDALE CLUB ON-SALE LIQUOR LICENSE Mr. Hedges stated that a contact had been made by the former manager, Mackie Cody, of the Eagandale Raquet Club indicating that she was no longer employed by the club and that a request was directed to the Council as to the status of the liquor license application. It was noted that without a licensee, that the City had some possible liability exposure and there was concern about liability claims. There was no appearance on behalf of the licensee. After discussion, Smith moved, Egan seconded a motion, to temp- orarily suspend the liquor license until an application had been submitted and approved by the City Council, which could be heard at a special meeting on February 12, 1981. All voted in favor. EAGAN TAX EXEMPT FINANCING BOND Councilmember Parranto requested further information as to why Banco is reserving funds from the tax exempt mortgage project for condominiums where the intent of the Council was that it not be necessary to withhold funds when all other funds have been distributed. The Administrator was requested to contact Banco and respond to the Council. 8 0031 COMPREHENSIVE PLAN UPDATE There was concern by Councilmembers about wording on the Comprehensive Land Use Map and Comprehensive Plan regarding Land Use designation as it relates to zoning. Parranto had submitted proposed wording and the staff will revise the wording in coordination with the Council. EAGAN FOURTH OF JULY CELEBRATION A request from the coordinators for the Eagan Fourth of July Celebration asking that the location be moved from Cedar Pond Park to Rahn Park and the need for electrical power was discussed. The Park Committee was asked to review the revised location and in particular the conditions of the ballfield following the Fourth of July celebration. CABLE TV COMMITTEE Ron Johanson has resigned as a member of the Cable TV Committe and Smith moved, Parranto seconded the motion, to appoint Charles Schults to the commit- tee with the administrator to contacted Mr. Schults concerning the appoint- ment. All voted yes. VOUCHERS Wachter moved, Egan seconded the motion to approve the following vouchers: 034101-034909. All voted in favor. ADJOURNMENT Egan moved, Wachter seconded the motion, all voted yea to adjourn at 11:10 P.M. PHH City C1`rk 9