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11/04/1981 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 1981 A regular meeting of the Eagan City Council was held on Tuesday, November 4, 1981 at 6:30 p.m. at the Eagan City Hall. All members were present except Councilman Parranto who was hospitalized. Also present were City Administra- tor Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the Agenda as distri- buted with the addition of request for snowplowing services by Lance Lundsten. All voted in favor. MINUTES Wachter moved, Egan seconded the motion to approve the Minutes as pre- pared. All voted in favor. 1981 MUNICIPAL ELECTION Clerk/Treasurer Gene VanOverbeke appeared with a canvas of returns for the 1981 Municipal Elections required to be submitted and approved by the Council within two (2) days after the election. The results of the election were as follows: MAYOR TOTAL Bea Blomquist 1,803 Dave Rolbiecki 1,107 Write In 2 CITY COUNCIL TOTAL Neil F. Coates 1,340 Thomas A. Egan 1,798 Mark Parranto 926 Jerry Thomas 1,639 Write In 6 TOTAL VOTES CAST 2,925 Smith moved, Blomquist seconded the motion to approve the results of the election. All voted in favor. 1 Council Minutes November 4, 1981 POLICE DEPARTMENT 1. 1982 Police Vehicles. Chief DesLauriers was present. The Police Department recommended the purchase of six (6) police vehicles from the Hennepin County Purchasing Department under the Hennepin County Joint Powers Purchasing Agreement during 1982. The bid was awarded to Midway Ford for 4- door Sedan LTD Fords with Police Package Heavy Duty Equipment. After discus- sion, Wachter moved, Egan seconded the motion to approve the request for the six (6) vehicles. All voted in favor. 2. 1979 Olds 88 Diesel. Chief DesLauriers also discussed with the Council, problems that have resulted with the 1979 Olds 88 Diesel Squad Car, including engine replacements at 52,000 miles, 90,000 miles and again at 109,000 miles. Many other problems resulted including $11,000.00 in mainten- ance expenses plus the replacement of equipment that General Motors has put into the vehicle at its cost. Several options, including repairing the engine, selling the car for approximately $750.00 or making a claim to General Motors for Police Patrol Package were reviewed. Wachter moved, Egan seconded the motion that the staff contact General Motors and request a replacement or compensation for misrepresentation that the Olds Diesel was adequate for police package purposes. All members voted aye. After further discussion, Smith then moved, Egan seconded the motion to amend the original motion con- cerning the purchase of the six (6) vehicles for 1982 to provide for the purchase of five (5) police package vehicles through the Hennepin County Purchasing Department and one (1) Ford Fairmont through Ridgedale with the Olds 88 Diesel authorized to be traded in on the Fairmont after having made contact with General Motors concerning a replacement. All voted in favor. CONSENT AGENDA The following Consent Agenda items were submitted to the Council and recommended for approval: 1. Malt Liquor License - St. John Neumann Church. Request of St. John Neumann Church for a non-intoxicating malt liquor license for November 21, 1981. 2. Knights of Columbus 3.2 and Bingo Licenses. A temporary 3.2 License and Bingo License for St. John Neumann Church Knights of Columbus for November 15, 1981 was recommended to be approved. 3. Safari at Eagan _ Utilities Change Order No. 1. The proposed Change Order No. 1 under Improvement # 81-4 for Safari at Eagan utilities was recom- mended for approval. It was noted that the developer has failed to complete its development grading and it is not feasible to provide for the installation of the planned 8" watermain with the platted easements to provide service to the proposed shopping center. The net Change Order deduction would be $4,718.60. 2 Council Minutes "253 November 4, 1981 4. Improvement Project #343 - Briar Hill Fourth Addition Streets and Utilities. A Petition has been submitted by the developer of Briar Hill Fourth Addition and the feasibility report has now been prepared for streets and utilities. It was recommended the feasibility report for Project #343 be approved and that a public hearing be scheduled for December 1, 1981 at 7:00 p.m. at City Hall. 5. Overhill Farm Addition. On August 4 the City Council approved the vacation of the old alignment of Dodd Road partially adjacent to proposed Overhill Farm Addition. It was recommended that it be upgraded within the final plat upon certain conditions, including the fact that the assessments associated with the land be transferred to the Overhill Farm Addition Plat property. It was recommended that a Quit Claim Deed be executed and that the conveyance be made to the owners upon final plat approval, including the execution of a Development Agreement, and compliance with other necessary ordinances. 6. Twin View Manor 2nd Addition - Utility Easement. It was noted that street vacation was vacated in a portion of Twin View Manor 2nd Addition but the developer overlooked the utility easement requirement to be vacated also. It was recommended that the Petition requesting a vacation of the utility easement be accepted and that a public hearing be scheduled for December 1, 1981 at 7:00 p.m. at City Hall. Egan moved, Wachter seconded the motion to approve the foregoing Consent Agenda items as provided. All voted yes. PUBLIC WORKS DEPARTMENT Lance Lundsten appeared and requested that about 500 feet of Cedar Street near Trails End Road adjacent to his property be authorized to be snowplowed by the City for access, due to a change of access from his property. It was noted that generally, private roads are maintained only if they are grand- fathered and have been maintained for a number of years, without upgrading to City standards. Blomquist moved, Egan seconded the motion that because the road has been a gravel road for many years, that it is not a precedent that Cedar Street. be authorized for snowplowing only as requested. All voted in favor. IMPROVEMENT #301 - CHES MAR EAST 3RD ADDITION ASSESSMENT HEARING The assessment roll covering Ches Mar East 3rd Addition Improvement Project #301 was submitted to the Council and hearing was convened by the Mayor. Mr. Colbert reviewed the roll in detail with the Council, including the amounts of the assessments and the addition to the lots within Ches Mar East 3rd Addition for benefit purposes. Smith moved, Wachter seconded the motion to close the hearing, to approve the roll and authorize the certifica- tion to the County Auditor. There were no objections to the assessment roll. All voted yes. 3 i z Council Minutes November 4, 1981 ALEXANDER ROAD - ASSESSMENT HEARING - PROJECT #247 The Mayor then convened the assessment hearing concerning Improvement Project #247 regarding street assessments to Alexander Road. The Public Works Director then explained the project briefly and indicated several meetings have been held with City Staff and representatives of developer and it was recommended that additional property owned by R. L. Johnson be added to the assessment roll as had earlier been requested by the City Council. He there- fore recommended that the hearing be cancelled and that the Council again reschedule the public hearing for December 1, 1981 at 7:00 p.m. at City Hall with a revised assessment roll. Wachter moved, Egan seconded the motion to cancel the public hearing and reschedule the public hearing to December 1, 1981 as requested. All voted yes. It was noted also that negotiations had taken place concerning settlement. SOUTH DELAWARE HILLS PUD Mayor Bea Blomquist announced that at the last regular meeting of the Planning Commission held on October 27, 1981, action was taken to recomend approval of the annual review of South Delaware Hills Planned Development. The Planning Commission recommended approval subject to certain conditions. Mr. Richard Parranto was present and briefly explained the revisions in the Planned Development since the 1980 approval. He stated that the land on the north had been sold to Mr. Jones for expansion of apple orchard property and revisions had also been made on the Gopher/Eagan Planned Development side of the area. It was noted the Planned Development Agreement has not been fully signed by the owners of the property and that a Planned Development Agreement was first submitted to the developer in 1980 and again in October 1981. Wachter moved, Egan seconded the motion to continue consideration of the the planned development to the next regular council meeting on November 17 to consider whether the Council will approve the annual review or based upon whether all conditions have been met by the developer, including submission of a fully executed Planned Development Agreement. All voted yea. NORMAN VOGELPOHL - BICENTENNIAL ADDITION RESTAURANT Norman Vogelpohl appeared on behalf of his request for variance for parking set-back requirement for the restaurant property in Yankee Square Shopping Center. He requested a five foot set-back and it was noted the set- back would require 8.6 feet. It appears Mr. Vogelpohl has completed all of the conditions and recommendations made by the staff over the past year except a variance from the 20 foot green area along Washington Drive. A number of exceptions to ordinance requirements were created by Mr. Vogelpohl during the construction of the project. Mr. Vogelpohl also claimed that he was not responsible for the damage of $600.00 which the City has incurred to repair the hydrant adjacent to his property. Mr. Vogelpohl was given an opportunity to present his explanation of the changes, including his request for variance. Smith moved, Egan seconded the motion to continue the consideration of the request until the next regular meeting. All voted in favor. 4 Council Minutes 050 November 4, 1981 RUBY HILTNER - GEORGE PERCELL - SPECIAL PERMIT A complaint had been submitted to the City Council by Ruby Hiltner who lives at 1821 Turquoise Trail that George Percell who lives at 1817 Turquoise Trail is constructing a driveway too close to her home, including a new garage facility at the rear of the Percell property. She was concerned about the driveway being 5 feet from her bedroom window and also concerned about drain- age to her property. Mrs. Hiltner and Mr. & Mrs. Percell were present. It was noted the Hiltner property is 6 inches higher than the driveway and therefore, there should be no drainage problem. Mr. Percell appears to comply with the set-backs, but there were concerns about whether he was operating a business out of his home in violation of the ordinance. He stated that the 3- car garage would house personal vehicles only and that his home has only a business phone, no customers, no sales and no storage. He stated that two vans leave the property after 8:00 a.m. and are in by 6:30 p.m., generally. Only two people operate the business. Smith moved to grant a special permit to Mr. and Mrs. Percell at the location with the understanding that it would be considered a non-business use, that there be no more than two vans, no storage on the property and further, the staff checking the Hiltner property to determine whether there is adequate drainage away from the Hiltner home. Wachter seconded the motion. All voted in favor. Mr. Percell also indicated that he would be building a fence adjoining the Hiltner property. LARRY CUDO VARIANCE - 1843 TACONITE TRAIL Mr. Larry Cudo appeared requesting a variance of 10 feet from the 30 foot setback to construct a 10 foot entryway on the front of his home. All neigh- boring owners had signed a consent to the variance. There were no objections. Smith moved, Blomquist seconded the motion to approve the request as submit- ted. All voted yes. SULLIVAN'S SUPERMARKET - INDUSTRIAL REVENUE FINANCING A request had been submitted by Diamond Lake, Inc. proposing the lease of approximately 30,000 square feet with a possibility of an additional 10,000 square feet for a Sullivan's Grocery Store at the proposed Pilot Knob Shopping Center, for Industrial Revenue financing. The $750,000.00 in IR Bonds would be used for the acquisition of equipment and fixtures to be used in the retail market. It was noted that the use for the property for the financing was exclusively for personal property which differs from all other previous re- quests of the City, but is proper under the State law. John Sullivan, Jr. and his attorney appeared and it was noted that IR Financing has been approved for the development, but that construction has not commenced. Council members indicated they possibly would not recommend full financing and that certain aspects of the proposal may not fulfill the I. R. Bond criteria. Wachter moved, Smith seconded the motion to schedule a public hearing for December 1, 1981 at 7:00 p.m. at City Hall. All voted yes. 5 s Council Minutes November 4, 1981 O'LEARY LAKE OUTLET - IMPROVEMENT #81-12 The bids have been received for the O'Leary Lake Storm Sewer Project with the low bid of Parrott Construction Co., in the sum of $46,875.60 with an alternate deduct of $1,000.00 by delaying the construction until the Spring of 1982. Wachter moved, Egan seconded the motion to approve the low bid of Parrott Construction Co., including the alternate for construction in the Spring of 1982. All voted in favor. A & W RESTAURANT - LAWRENCE MILLER & GARY LOWE The application of Lawrence Miller and Gary Lowe for conditional use permit to provide for more than three amusement devices at the A & W Restau- rant at 3998 Sibley Memorial Highway was next considered. The Planning Com- mission reviewed the application on October 27, 1981 and recommended approval, subject to certain conditions. Both Mr. Lowe and Mr. Miller were present. They explained the problem of reduced business due to the relocation of Cedar Avenue and Highway #13 in the area and stated that the applicants will comply with all applicable ordinances, but requested the restaurant be permitted to continue to be open until 12:00 p.m. on Friday and Saturday nights. They stated that the machine portion of the restaurant, however, could be closed at 10:00 p.m. to comply with the required ordinances. Smith moved, Egan seconded the motion to approve the application, subject to the review by staff as to the maximum number of machines that could appropriately be placed in the establishment and further, that the portion of the building used for the amusement devices be closed at 10:00 p.m. to comply with the ordinance and full compliance of Ordinance No. 73, Amusement Devices. All voted yes. AMOCO OIL FREEWAY SIGN VARIANCE Mr. Tom Gegax, owner of the Amoco Oil Station at Nicols Road and Diffley Road appeared and requested a variance to provide for a 50 foot sign at the freeway side along Cedar Avenue. A site distance survey was submitted by Mr. Gegax, done by Del Schwanz, Surveyor, indicating that a 50 foot high sign would be required in order to see the sign from the depressed freeway. Noting the hardship due to the depression of the freeway, Smith moved, Wachter sec- onded the motion to approve the application, subject to ordinance compliance in all other respects. All voted yea. IMPROVEMENT #81-13 - WINDCREST & WINDTREE 2ND ADDITION IMPROVEMENTS Bids were received on October 29, for the utilities, grading and gravel base for Improvement Projects 340 and 341 consisting of Improvement #81-13 in Windcrest 2nd Addition and Windtree 2nd Addition. The low bidder is Erickson Construction Co. in the $186,609.00. It was noted that the easements had not been acquired for ponding purposes nor have the Development Agreements for either of the additions been executed and signed by the Developer. Smith moved, Egan seconded the motion to approve the low bid of Erickson Construc- tion Co., subject to compliance with all ordinance requirements, including final plat and development agreements and execution of the necessary storm sewer easements. All voted in favor. 6 Council Minutes x November 4, 1981 1981 BUDGET - PUBLIC ENTERPRISE FUND The City Administrator reviewed the Budget Worksheets and support infor- mation concerning the proposed 1982 sewer and water budget and also the anti- cipated Federal Revenue Sharing for 1982. Upon motion Smith, seconded Wachter, it was resolved that a public hearing be scheduled for December 1, 1981 at 7:00 p.m. at City Hall for Federal Revenue Sharing as proposed use hearing and December 15, 1981 at 7:00 p.m. concerning the Federal Revenue Sharing Budget. All voted yes. DAKOTA COUNTY IMPROVEMENT CONTRACT 31-05 COUNTRY HOME HEIGHTS STORM SEWER Mr. Colbert explained a Petition had been received from Mr. Joe Christensen and other owners in the Country Home Heights area requesting extension of a storm sewer lateral from Pilot Knob Road to pick up drainage near the Country Home Heights Park. The City Engineer estimates the cost of the improvement will be $15,200.00 which would provide for approximately a $350.00 per lot over and above existing the $2495.00 per lot pending assess- ments for trunk area storm sewer associated with the Pilot Knob Project. Alternates include ordering the project on an emergency basis to be completed before freeze-up in the Fall of 1981 or for the Council to go through a hearing with improvements to be installed in the Spring of 1982. Wachter moved, Smith seconded the motion to authorize the preparation of the feas- ibility report and to schedule a public hearing on the project at a later time. All voted yes. NICOLS ROAD/FRONTAGE ROADS A request from Brian McNally, a resident on the frontage road on Nicols Road concerning propossed upgrading of the frontage road was next discussed. Egan moved, Smith seconded the motion that the staff provide for an informa- tional meeting with affected property owners along the frontage roads and report back to the Council. All voted in favor. SPECIAL MEETING DATES Some of the special meetings scheduled by the Council included the fol- lowing: November 5, at 7:00 p.m., the Cable T.V. Committee; December 8, at 7:00 p.m., the Special Meeting of the City Council; December 3, at 7:00 p.m., Sub-committee concerning Subdivision Ordinance and height regulations. 7 Council Minutes November 4, 1981 SATELITE JAIL AND COURTROOM FACILITY The Council then discussed the proposal of the County Board for the location of a satelite jail and courtroom facilities in the northwest area of the County. The County Board is looking at the sites and has hired an archi- tect for preliminary plans. There was discussion concerning possible sites in Eagan, including one near the Library facility and another on Cliff Road near Dodd Road. It was suggested, however, that the Rosemount Vo-Tech School site would be an appropriate location, rather than in the West area of the County, near the Scott County line. Smith moved, Wachter seconded the motion that the County Board review as an alternate, the portion of the Dakota County Park land near the southwest corner of Cliff Road and Dodd Roads. All voted in favor. R 81-71 IMPROVEMENT #81-15 - WINKLER/JACKSON The Improvement Contract covering Improvement 81-15 relating to the Winkler/Jackson Addition improvements with Northdale Construction Co. was recommended for approval and execution by the Council. Smith moved, Egan seconded the motion to implement the recommendation. All voted in favor. SPECIAL USE PERMIT - I-494 Application has been received from the Contractor along I-494, Hardrives, Inc., for special use permit to allow temporary construction operation of asphalt plant within the I-494 right-of-way, west of Trunk Highway #55 was next reviewed. The Plant would be constructed in May of 1982 and continue through October of 1982. Wachter moved, Egan seconded the motion and all voted in favor to approve the permit, subject to conditions placed upon it by the Eagan staff, subject to the following conditions: 1. The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. 2. The facility shall not be operated on Sundays. 3. Hardrives, Inc., shall maintain an approved Minnesota Pollution Control Agency permit for this facility at this location. 4. The temporary blacktop facility shall be used for other resurfacing of I-494 only and not as an alternate commercial site unless previously approved by the City. 5. The facility shall be removed after the completion of the contract and/or expiration of the permit, whichever occurs first, with proper restoration of the property to its original condition. 6. Staff shall review the operation and permit status ninety days after startup to determine compliance with these conditions and/or any complaints received pertaining to its operation. 8 t' 25) Council Minutes November It, 1981 7. Access to this temporary asphalt plant shall be restricted to T.H. 13 and/or T.H. 55 only. TRANSPORTATION RESOLUTION Wachter moved, Egan seconded the motion to approve the Resolution submit- ted by the City Administrator concerning transportation issues to be submitted to MnDOT Commissioner Braun on Capital for the Day. All voted in favor. CHECKLIST Blomquist moved, Egan seconded the motion to approve the Checklist re- lating to outstanding bills dated: November 4, 1981. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:30 P.M. PHH City erk 9