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10/30/1984 - City Council Regular ?CaU ES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 30, 1984 A regular meeting of the Eagan City Council was held on Tuesday, October 30, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were Consulting Engineer Mark Hansen, City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA Wachter moved, Smith seconded the motion to approve the Agenda as pre- sented. All voted yes. MINUTES The Minutes of the October 16, 1984 regular meeting were reviewed and upon motion by Thomas, seconded Egan, it was resolved that the minutes be approved with the exception on page 3 that the hearing regarding Rahn Road streets under Project #405 be scheduled for hearing on January 2, 1985 at 7:00 p.m. at the Eagan Municipal Center, and that the hearing for Cedar Grove No. 3 and 5 Addition under Project #413 be scheduled for hearing on December 4, 1984 at 7:00 p.m. at the Eagan Municipal Center, and the hearing concerning Cedar Grove No. 4 streets be scheduled for December 18, 1984 at 7:00 p.m. at the Eagan Municipal Center. All members voted in favor. TAX ABATEMENT A representative of the Dakota County Assessor was present and recom- mended that the assessed valuation of the Steve Carlson property, Lot 12, Block 6, Valley View Plateau, be reduced from $20,790.00 to $16,620.00. Smith moved, Thomas seconded the motion to approve the recommendation. All voted in favor. PARK & RECREATION COMMISSION Ken Vraa, Park Director, and Chairman Roger Martin were present. 1. Natural Amenities and Green Space. The Park & Recreation Commission has expressed concern about the lack of green space in relation to building and parking lot coverage in various developments throughout the City. Chair- man Martin was present and discussed the preparation of guidelines. After discussion, Wachter moved, Egan seconded the motion to request that the Park Department prepare guidelines in an ordinance or policy form based upon the concerns that were expressed to the Council covering future developments within the City. All members voted in favor. 1 f` i" t•y Council Minutes October 30, 1984 2. Kehne House - Patrick Eagan Park. There was discussion concerning the proposed security system for the Kehne House, which is being proposed by the Park Commission to be upgraded in two phases. Councilman Smith recom- mended that a committment be made in the event that the Council approves Phase I to implement Phase II in the near future with eventual use of the residence as a park building. Blomquist moved, Egan seconded the motion to proceed with the proposed Phase I improvements with the intent that Phase II will be instituted and completed in the future and further, that the Council authorize the installation of the security system proposed by the staff. All members voted in favor. CONSENT AGENDA The following consent agenda items were submitted to the City Council for review: 1. Ambulance Service Agreement. The Ambulance Service Agreement has been negotiated by nine northern Dakota County cities with Divine Redeemer Hospital of South St. Paul, to provide 24-hour, 365 day per year ambulance availability to all residents within those cities. The fee paid by the City of Eagan in l985will be $33,087.50. It was recommended that the Ambulance Service Agreement be approved and implemented. John Gustin appeared and questioned whether there would be a reduction in the ambulance service for Eagan. It was noted that two ambulances will serve nine communities, whereas four ambulances served 13 communities prior to the change in the ambulance service but that mutual aid with Burnsville and other communities to the south will continue, thereby not reducing ambulance service. 2. Cross-Country Ski'Pro ram. The Parks &'Recreation Director submitted an application for financial assistance and'maintenance of cross- country ski trails under the Minnesota Department of Natural Resources Trail Assistance Program. It was recommended that the Mayor and City Administrator be authorized to execute the Assistance Agreement. 3. Federal Revenue Sharing Public Hearing. It was recommended that December 4, 1984 be scheduled as the Federal Revenue Sharing hearing and a budget rehearing be scheduled for December 20, 1984• 4. Knights of Columbus Bingo License. It was recommended that the application -of -the -Knights o€Columbus for bingo license for December 7, 1984 at the St. John Neumann Church be approved. 5. Peaceful Heights Addition - Grading Permit. The staff recommended that the application of Peace Reformed Church to perform grading and excava- tion work on their property proposed to be developed as Peaceful Heights Addition be approved, subject to City requirements. 2 17 Council Minutes', October 30, 1984 6. Johannes Addition - Grading Permit Application. The staff reviewed the application of Mr. John Tapper for grading and excavation permit for the proposed Johannes Addition and recommended approval subject to compliance with City ordinances. 7. Sunset 6th Addition - Grading Permit. The next application submitted to the Council was by Brad Swenson to perform grading and excavation operations on the property proposed to be developed as Sunset 6th Addition. Staff recommended approval subject to compliance with City requirements. 8. Winter Parking Ban. The City Attorney's office submitted a proposed Ordinance covering parking provisions on odd-even numbered days from November 15 of each year through April 15 of the following year. It was recommended that the amendment be approved and authorized to be published in the legal newspaper. 9. MnDOT Cost Participation Agreement #59235 - Cedar Avenue Storm Sewer. A Memorandum from the City Public Works Director recommending that the staff's negotiations with MnDOT for payment of $20,000.00 with the retainage of $2,042.41 to be paid upon acquisition of storage pond AP-8 at Marble Lane and Nicols Road be approved. It will consist of Supplement No. 1 to MnDOT Cost Participation Agreement #59235 for the Cedar Avenue Storm Sewer con- structed under Project #186, Contract #227A. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented. All voted yea. PEACEFUL HEIGHTS ADDITION - PROJECT #420 - PUBLIC HEARING Mayor Blomquist convened the public hearing regarding the streets and utility improvements for Peaceful Heights Addition under Project #420. After Tom Colbert briefly reviewed the proposed project, Mark Hanson of Bonestroo, Rosene, Anderlik & Assoc. Consulting & Engineering firm detailed the project for the City Council and interested persons present. There were no objections to the project and Wachter then moved, Egan seconded the motion to close the public hearing and approve Project #420 for the installation of streets and utilities in Peaceful Heights Addition and authorize the preparation of plans and specifications. 3 Council Minutes October 30, 1984 BOATING AND RELATED WATER ACTIVITIES ORDINANCE The revised draft of the proposed Boating and Related Water Activity Ordinance was distributed to the Council members, noting that the Council had considered the Ordinance at its October 2, 1984 regular meeting. A question had arisen concerning permission for the outboard motor driven watercraft on Holland Lake and a letter from the Dakota County Park Director was submitted for review by the Council. Also, the types of portable fishing houses on Holland. Lake was another concern of the Councilmembers. Councilman Egan indicated that he felt the County Park Director had not answered the question as to whether the County had legal authority to object or control boating and fish houses on Holland Lake. Councilman Thomas recommended that power boats not be permitted on Holland Lake. Thomas then moved, Wachter seconded the motion to approve the proposed ordinance and eliminate the provision for power motors on any City lakes, noting the objections from members of the audience and also the possible pollution to the lakes. Councilman Egan indicated he opposed the elimination of power boats on certain lakes because the Park Master Plan had recommended approval of such boats on certain lakes within the City. Councilman Smith also opposed the revision to the language. Those in favor of the motion were Wachter, Blomquist and Thomas; those against were Smith and Egan. SHORELAND ZONING ORDINANCE The Shoreland Management Ordinance, which has been under staff review for a number of months was again presented to the Council. Dale Runkle explained the negotiations that had taken place between the staff and DNR for several months. He noted that the Legislature requires state-wide implementation of the Shoreland Ordinance and also indicated that certain changes were now being recommended by the staff and the DNR. Mayor Blomquist was concerned about the unsewered areas and clarity of certain provisions in the ordinance. It was suggested that a matrix be formulated to make the ordinance more readable. It was noted the DNR will have an overriding authority to approve or deny new plats within the City. After extended discussion, Smith moved, Wachter seconded the motion to approve and adopt the Shoreland Ordinance as proposed with the revisions that were recommended by the Council. All voted in favor. R 84-59 TAX INCREMENT FINANCING Tom Hedges discussed the background of the request for tax increment financing, including the application of Can American for consideration of the financing relating to the Cinnamon Ridge Multi-Family Housing Project. Councilmembers have discussed such financing at earlier meetings and he indi- cated that representatives of Miller & Schroeder were present to discuss the issue and answer questions by City Council members, who included Paul Eckholm and Marcia Cohodes of Miller & Schroeder, and Stan Kiehl, attorney for Holmes and Gravin. 4 Council Minutes October 30, 1984 Councilman Egan indicated that he needed more background to make a deci- sion regarding the issue. The advantanges cited included gaining more rental housing and to lock in a rental project for a specified number of years without selling the units as condominiums. Paul Eckholm stated that one advantage is to make a viable program, but he stated it is very difficult to determine what is a reasonable return to a developer in the event that tax increment financing and/or industrial revenue financing or multi-family housing revenue financing are approved. He stated that it is necessary to look at each particular development and suggested that the City could benefit economically at the time of sale. A letter from Marcia Cohodes was reviewed, including suggestions that the City HRA make decisions as to approval of specific tax increment districts, or the Dakota County HRA acting as a review- ing agency. Mayor Blomquist opposed deferring this decision to the Dakota County HRA and recommended that other criteria be implemented including the following: 1. Whether or not the project has other tax exempt financing. 2. That the need be established on the basis of the Land Use Guide Plan. 3. That the need be established according to location. It. Certain options be left to each project, whether the project should be assignable, salable, and also to implement an early redemption time frame. 5. The amount of developer's equity in the project. Blomquist moved, Smith seconded the motion to proceed according to recom- mendations to be established by the City Council and that the Finance Commit- tee consider criteria for such tax increment financing. It was noted that normally TIF will be considered in tandem with industrial revenue financing and. should generally be considered simultaneously. Zero equity is also an issue and should be fully considered by the Finance Committee. All members voted yes. SPECIAL HUNTING REGULATIONS At the August 21, 1984 City Council meeting, the Council requested that the City Code be revised to allow the use of firearms or bow and arrow during a special hunting season established by the Council for wildlife management. The City Attorney's office prepared the revision and it had been presented to the Council in the Council packet. After discussion, Wachter moved, Smith seconded the motion to approve the revision to the ordinance, with the addi- tion that under Section 10.10, Use of Bow and Arrow, that the provisions not be in conflict with State law or regulations. It was noted that hunting during 1984 will only be in the Fort Snelling State Park, upon restrictions set by the Council, but that the Council could also allow hunting on other locations. All members voted yes. 5 Council Minutes October 30, 1984 AIRPORT NOISE COMMITTEE RECOMMENDATIONS The Airport Noise Committee appointed by the City Council has been meeting on a regular basis according to Mr. Hedges, during the past summer and fall. An in depth set of Findings and Recommendations has been prepared by the Committee and has been submitted to the Council for its consideration. Mr. Hedges explained that the Committee had met with a number of representa- tives and local agencies involved in aircraft management and flight control and further stated that four members of the Committee were present including Carol DeZois, Joe Harrison, Tom Baker and John Gustin. Joe Harrison spoke and indicated that he favored legal action to require aircraft flights within the preferential runway pattern. He objected to the extension of the diversionary experiment following the first two year experiment ending about December 31, 1985 and further stated that Eagan has planned its development areas based upon the agreed upon flight patterns. Tom Baker stated that there are ques- tions about who has jurisdiction over noise control and there was considerable discussion concerning the use of steeper ascent and descent, the change of course, and the use of 105 degree headings. After considerable discussion, Wachter moved, Smith seconded the motion to accept the report and to authorize dissemination amongst interested persons in the City to review and respond and have the Council again consider the recommendation at its meeting on November 20, 1984. All members voted in favor. BLACKHAWK OAKS - TEMPORARY ADVERTISING SIGN An application of Peter Stalland for special permit for temporary adver- tising sign for Blackhawk Oaks residential development located on Highway #13 across from Seneca Road was considered by the Council. There were no objec- tions and the APC recommended approval subject to conditions. Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The sign shall be set back a minimum of twenty feet from the highway right-of-way, and ten feet from the side property line. 2. A maximum two-year limitation with sign permit renewal after the first year. 3. All applicable City ordinances shall be adhered to. All voted yes. 6 Council Minutes October 30, 1984 NORTHWESTERN BELL - SPECIAL PERMIT Northwestern Bell Company's application for special permit to allow a 290 square foot telephone utility building on 6,750 square feet of land located along the west side of Lexington Avenue and 300 feet north of Diffley Road was submitted to the Council. The Planning Commission at its regular meeting on October 23, 1984 voted to recommend approval of the application, subject to certain conditions. Dale Runkle detailed the application and Tom Colbert recommended that a common driveway with the City Booster Station site be a requirement of the permit. Ray Nelson appeared on behalf of the applicant and he indicated that Northwesern Bell had no objections to the common access. Upon motion by Smith, seconded Thomas, it was resolved that the application be approved, with the understanding that the staff and the applicant will work together to provide for a common access and subject to the following conditions: 1. A minimum 50 foot building setback shall be maintained from the right-of-way of Lexington Avenue. 2. All other City ordinances shall be adhered to. 3. A detailed landscape plan shall be submitted for review and approval by City staff, and a landscape bond acceptable to City staff shall be posted and the conditions of the bond shall be strictly adhered to. All voted in favor. LUNKA ADDITION - PRELIMINARY PLAT The application of Rose Lunka for preliminary plat approval of Lunka Addition and variance for two single family lots on approximately one acre of land with a 20 foot variance to allow 30 foot front setback from the 50 foot average setback existing along the street was brought before the Council. Dale Runkle detailed the application and indicated that the Advisory Planning Commission at its regular meeting on October 23, 1984 recommended approval with certain conditions. One issue was the improvement of Towerview Road to City standards and it was noted that Public Works Director Tom Colbert recom- mended that the street be upgraded. He noted that on September 18, 1979, under Project 199R, that portion of Towerview Road and Quarry Lane had been. excluded until development took place on Towerview Road. There was discussion concerning the improvements on the Shields property on the north side noting that at the present time, there is no way of knowing how the development will take place. After discussion, Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 7 Council Minutes October 30, 1984 1. A 30 foot half right-of-way for Towerview Road shall be dedicated with this plat. 2. The applicants shall agree to waive any objections to the upgrading of Towerview Road when the Council makes a determination that the road should be upgraded to City standards. 3. A cash dedication for the park contribution shall be paid. All voted in favor. SEE PLAT FILE BUILDING PERMIT - LUNKA ADDITION A request had been received for building permit for Lunka Addition before approval of the final plat. Council members noted that the policy of no building permit until final plat is approved should be varied in this case because it is not a developer that is involved but a single family resident that is doing the subdividing. Upon motion by Thomas, seconded Wachter, it was moved to approve the application with the understanding that there will be no occupancy and no utility hookup until the final plat is approved. Smith, Wachter and Thomas voted yes; Blomquist and Egan voted no. JOHANNES ADDITION - PRELIMINARY PLAT The next application presented to the Council was that of John Tapper for preliminary plat approval of Johannes Addition consisting of five single family lots on 5.4 acres. A public hearing was held before the Advisory Planning Commission at its last meeting on October 23, 1984 and approval was recommended subject to certain stipulations. The applicant was not present and Dale Runkle briefly reviewed the proposal. There was a question as to whether the balance of the R-4 parcel to the north will continue as an R-4 use. It was noted that no change was proposed. After discussion, Wachter moved, Egan seconded the motion to approve the application subject to the following: 1. A public improvement project for storm sewer extension shall be authorized ppior to final plat approval. 2. A 20 foot wide utility easement shall be dedicated over all storm sewer lines along with a ponding and utility easement dedicated to encompass the HWL for Pond JP-33- 3. An 80 foot right-of-way shall be dedicated for Elrene Road. 4. This development shall be responsible for trunk area storm sewer and lateral benefit from trunk water main and sanitary sewer. 8 titer"t AF Council Minutes O October 30, 1984 5. All costs associated with internal lateral utility improvements and street improvements, including the widening of the west half of Elrene Road shall be the sole responsibility of this development. 6. This preliminary plat shall become an amendment to the Gopher-Eagan Planned Development to allow the R-1 use. 7. . The dedication of a utility easement for the storm sewer overflow from Pond JP-33 to Pond JP-12 shall be required along with the installation of this overflow line. 8. That there shall be no shifting of density involved within the Gopher-Eagan Planned Development. 9. That a storm sewer outlet overflow shall be installed in an easement dedicated by the developer according to City requirements. All members voted yes. SEE PLAT FILE COMMUNITY ACTION COUNCIL - COMMUNITY DEVELOPMENT BLOCK GRANT Tom Hedges explained that the cities of Apple Valley, Burnsville and Eagan, which represent District #3 within Dakota County for purposes of con- sidering community development block grant funding, have recommended that $300,000.00 be used for funding assistance in the purchase of the site and construction of a shelter for battered women and children. Frank Brennan of the CAC and Mary J. Ajax of the Lewis Home were present. CAC has made its request through the Dakota County HRA. Mary Ajax indicated it would be more cost effective to have one center rather than three disbursed centers and that the new facility is intended to house 28 people. There were concerns about the projected costs of the facility. Smith moved, Thomas seconded the motion to endorse the concept for the community development block grant funds to be allocated for the shelter with the final decision to be made by the Council at its November 20, 1984 regular meeting. All voted yea. CONTRACTOR'S LICENSES A list of contractors requesting licenses to do work in the City of Eagan was submitted in its packet to the Council members and the staff recommended approval. Councilman Wachter was concerned about certain contractor's com- pliance with Building Code requirements. Egan moved, Wachter seconded the motion to approve the applications submitted to the City. All voted in favor. 9 Council Minutes October 30, 1984 EAGAN FIRE DEPARTMENT - BREATHING APPARATUS Sperry Corporation has donated three self-contained breathing apparatus units to the Eagan Volunteer Fire Department and requested a Hold-Harmless Agreement from the City. Thomas moved, Wachter seconded the motion to approve the agreement and to direct the Administrator to forward a letter thanking Sperry for the contribution. All voted in favor. PEACEFUL HEIGHTS ADDITION - BUILDING PERMIT An application for building permit has been submitted by Peace Reformed Church requesting issuance prior to the approval of the final plat. After reviewing the City policy, Smith moved, Blomquist seconded the motion to deny the application until the applicant has complied with the platting require- ments. All members voted affirmatively. WELL CONVERSIONS - CONTRACT #84-18 - CHANGE ORDER #1 Change Order #1 to Contract 484-18 concerning miscellaneous well conver- sions was submitted and recommended for approval by the Public Works Depart- ment. An addition of $7,900.00 together with a deletion of $3,930.00 was included in the Change Order. Upon motion by Smith, seconded Egan, all members voting in favor, it was resolved that Change Order #1 to Contract #84- 18 be approved. All members voted yes. SQUAD CAR NO. 2 SALE The Police Department recommended that squad car No. 2 be sold to Viking Auto in the amount of $1,625.00, which was the highest bidder. Smith moved, Wachter seconded the motion to accept the recommendation. All voted yes. ARTHUR YOUNG - JOB EVALUATION A proposal has been submitted by Arthur Young for job evaluation, perfor- mance appraisal and salary administration for the organized personnel of the City for an additional amount of $2,700.00. Comparable worth legislation requires that the City utilize the same consultant and procedure for all designated positions. The staff recommended approval. Upon motion by Smith, seconded Thomas, it was resolved that the proposal of Arthur Young in the amount of $2,700.00 be approved. All members voted yes. 10 Council Minutes October 30, 1984 EAGAN MUNICIPAL CENTER SIGN The City Administrator discussed with the Council a proposed quote from Gresser, Inc. for construction of the Eagan Municipal Center sign. After discussion, Smith moved, Thomas seconded the motion to approve the award of the contract to Gresser, Inc. according to the proposal. All members voted in favor. COUNCIL SPECIAL WORKSHOP The Council designated 5:15 p.m. on November 13, 1984 as a special work- shop session beginning with a review of Federal Land Company's proposed com- mercial center on Yankee Doodle Road. BOESEL POND STORM SEWER OUTLET - PROJECT #425 At the September 18, 1984 Council meeting, the Council authorized the preparation of a feasibility report to investigate the required storm sewer outlet for Boesel Pond AP-11, formerly known at Pitt Lake. In reviewing the proposed improvements, the affected property owner requested that permanent installation not be installed and that an open channel ditch be constructed to handle the overflow until such time as the adjacent property develops. After discussion, upon motion by Smith, seconded Wachter, it was resolved that feasibility report for Project 4425 be received and that the Council authorize the temporary open channel ditching to alleviate the high water elevation of Boesel Pond and to defer permanent storm sewer improvements until the adjacent property develops, with the understanding that the Developer will grant temporary easements -required by the City for the outlet. All Councilmembers voted yes. CHECKLIST Wachter moved, Thomas seconded the motion to approve the following check- list dated: October 30, 1984; $264,795.82 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:20 p.m. All voted yes. City erk 11