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03/04/1980 - City Council Regular oo~Es MINUTES OF A REGULAR MEETING OF THE PAGAN CTTV COUNCIL EAGAN, MINNESOTA MARCH 4, 1980 A regular meeting of the Eagan City Council was held at 6:30 p.m. on March 4, 1980 at the Eagan City Hall. Mayor Blomquist and Councilmembers Parranto, Wachter, Smith and Egan were present. Also present were Public T,?orks Director Colbert, City Engineer Rosene, City Administrator Hedges, and City Attorney Hauge. AGENDA After the Pledge of Allegiance, the agenda, upon motion by Egan, seconded by Wachter, all members voting in favor, was approved as distributed. MINUTES Upon motion made by Wachter, seconded by Egan, the minutes of the regular meeting of February 19, 1980 were approved as prepared. All. voted yes. FIRE DEPARTMENT There was no Fire Department business. KELLY GIRL WEEK At the request of the Kelly Girl Services, who have a new office in Silver Bell Shopping Center in Eagan, the Mayor proclaimed the week of March 10 through 17, 1980, the official Kelly Week in Eagan. Representatives of Kelly Girl were present. D 80-23 PARK DEPARTMENT Quotations for a mobile play wagon to be used by the Parks and Recreation Department were presented by the City Administrator. The low quotation of Roadway Custom Trailers of Eagan in the sum of S3,425 was recommended for ap- proval. Wachter moved, Smith seconded the motion, to approve the recommendation. All voted yes. PUBLIC WORKS DEPARTMENT Mr. Colbert presented the issues. 1. County Road #26 Interchange. Colbert stated that a request was received for authorization from Mh/DOT to detour County Road #26 through the industrial park along the west service road to Lexington Avenue at Kenneth Street for the construction of I-35F interchange at County Road #26. He recommended approval. Wachter moved and Egan seconded the motion, all voted yes to approve. 2. Lexington Avenue Project #304. Mr. Colbert stated that a petition had been received from several residents located in the vicinity of Lexington Avenue and Wildwood Lane (County Road X630) for City water and sanitary sewer. The area generally invoves the Project #299 area. Smith moved and Blomquist Co,-.ncil Minutes March 4, 1980 Page Two 00` seconded the motion to receive the petition and authorize the City Engineer to prepare a feasibility report for Project #304 for the installation of utilities. All voted yes. D 80-24 3. Lauris Parker Residence. Mr. Colbert reviewed an application that was requested by Genz Ryan Well Company for drilling a well for Mr. and Mrs. Laurice Parker at 1836 Cliff Road. It was noted that renz Ryan drilled the well without getting a final permit and City water was available in Cliff Road. It was noted that Genz Ryan was familiar with Eagan's ordinances, that no permit was acquired, that the well company started drilling before inquiring whether a permit had been issued, and that only 3-1/2 working days passed from the time the application was submitted to the time the well was drilled. Smith moved, Egan seconded the motion, to deny the request for waiver of Ordinance 'To. 20 provisions on the basis of the above reasons including the requirement for a hookup to City water system when available. Smith, Parranto, Egan and Blomquist voted in favor. Wachter voted against. CONS',?NT AGENDA 1. Ches Mar East Second and Third Additions - Project 4201. The report for Project #201 consisting of street utility services to the Ches Mar Fast Second and Third Additions was submitted to the Council on February 5. The Developer also submitted a waiver of hearing request so that preparation of plans and specifications could he initiated. It was recommended that the feasibility report be approved and the public hearing be scheduled for April 1, 1980, at 7 p.m. at the City Hall. 2. Project #303 Brittany Second and Third Additions. The feasibility report for Project #303 together with waiver of hearing request was submitted to the Council for approval. It was recommended that the public hearing be scheduled for April 1, 1980, at 7 p.m. and that the feasibility report be approved. 3. Improvement # 79-21, Ches Mar. Fast First Addition. Change Order Al to Improvement 79-21 in the amount of 566,096 for completing the street improvements in Ches Mar. East First Addition was next submitted. It required only placement of bituminous surfacing and therefore a feasibility report is not required. -r. Colbert recommended Change Order No. 1 to imp. # 79-21 to accomplish the work and further that the Council. receive the petition and signed waiver of hearing. 4. PERA Resolution. Mr. Hedges recommended that the City approve a resolution declaring Lori Tripp and Linda Scott eligible as Fagan Police Officers for coverage under the Public Employees Police and Fire Fund of the State of Minnesota. R 80--15 R 80-16 5. Brittany Addition Storm Sewer Vacation. City Attorney Hauge requested that the public hearing to consider vacation of the storm sewer easement for Brittany Addition be rescheduled to April 1, 1980, at 7 p.m. 6. Sweitzer Construction Fire Halls. Mr. Colbert recommended the approval of the payment to Sweitzer Construction Company in the amount of $19,281.08 for additions to Fire Halls No. 1 and No. 3. Parranto moved, Smith seconded the motion, to approve all action included in the foregoing consent agenda including all recommendations included therein. All voted in favor. until Minutes March 4, 1980 Page Three PROJECT #285 SILVER BELL ROAD UTILITIES Mayor Blomquist convened a public hearing regarding Project #285 concerning utilities in Nicols Road and Silver Bell Road area. A number of affected property owners were present and had questions concerning the project. Some of the residents recommended that the street restoration be accomplished by the property owners and those present indicated that a majority favored water and sewer. services for the area. Twenty-two property owners were noticed. After consider- able discussion, Parranto moved and Egan seconded the motion to close the hearing, to order in the project, and direct the City Engineer to prepare plans and specifications, with the understanding, however, that the City Engineer will negotiate with the property owners prior to the restoration work being accomplished as to whether the owners would desire to restore the area themselves with exclusion from the contract. All voted yes. PROJECT #292 HIGHVIEW AVENUE STREET ARID STORM SEWER IMPROVEMENTS The next hearing convened by the Mayor concerned Project #292 relating to improvements for Highview Avenue including the necessary storm drainage. Several of the residents affected on Highview Avenue were present and Mr. Rosene explained the project in detail. About 20 owners are affected. There were questions about certain lots to the south of Highview Avenue with access only to Highview Avenue by 30 foot parcels. There were some objections to the drainage improvements and others objected and some favored the street improve- ments. After extended discussion, Smith moved to close the hearing and to reschedule the hearing for April 1, 1980, at 7 p.m. at City Hall and further that the property owners lying south of Highview Avenue with access only by the 30 foot parcels be noticed and also that the street lighting be included in the feasibility report at that time. Wachter seconded the motion, all voted in favor. PROJECT #296 IKRE ADDITION UTILITIES Mayor Blomquist then convened a public hearing regarding sewer, water and storm sewer improvements to Imre Addition on Highway #49 which is Project #296. Mr. James Imre was present and recommended approval. *Ir. Rosene explained the project. Wachter moved, Parranto seconded the motion to close the hearing, to order in the project and to authorize the City Engineer to prepare the plans and specifications. All voted yes. JOHNNY CAKE RIDGE STREET IMPROVEMTNTS PR.nJECT #298 A public hearing regarding the request of Willmus Properties for street improvements for Johnny Cake Pidge Road south of Wildwood Lane consisting of Project #298-was next convened. Mr. Colbert reviewed in detail the problems involving Mallard Park Second and Third Addition street and utility improvements. It was noted that neither plats for Mallard Park Second nor Third Additions had been recorded with the County Recorder; further that the utility and street improvements were ordered in 1978 but due to the fact that the preliminary grading by the developer had not been completed, those improvements were not completed. it was further noted that the contractor had required additional unit price increases and that Willmus properties refused to acknowledge the increases. Staff recommended that the project be delayed until the issues involving Mallard Park Second and Third Additions, lying adjacent to Johnny Cake Ridge Road, are resolved with the developer, noting no easements for street and utility work March 4, 1980 Page Four ~r q have been recorded. Smith moved, Parranto seconded the motion, to close the hearing, to deny the request for the improvements until those issues have been resolved with the developer, and that the Council not proceed with the Johnny Cake Ridge Road improvements because of the lack of ability to complete projects alread requested by the developer in Mallard Park Second and Third Additions. All voted yes. PROJECT #299 NORTHVIEW SCHOOL SANITARY SEWER After the Mayor convened the public hearing regarding Project #299, Northview School sanitary sewer, an explanation of the project was given by City Engineer Rosene. It was noted that Rosemount Independent School District #196 had petitioned for sanitary sewer extensions. One neighboring owner was present and there were no objections to the project. Wachter then moved to close the hearing, to order in the project, and to authorize the preparation of plans and specifications. Egan seconded the motion. All voted in favor. ORDINANCES NO. 42 AND 43 AMENDMFNTS The City Administrator and City Attorney presented proposed changes to Ordinance No. 42, Liquor Ordinance, and Ordinance No. 43, 3.2 Beer Ordinance, primarily regarding distances between churches and schools to licensed establish- ments. After discussion, Smith moved and Parranto seconded a motion to request the city Attorney to prepare appropriate amendments to Ordinances 42 and 43 encompassing the four recommendations in Paul Hauge's letter of February 28, 1980. All voted yes. Smith moved and Egan seconded the motion to accept the recom- mendation of the staff that the improvements for on-sale liquor be increased from $150,000 to $300,000 for the licensed premises covering both buildings and improvements. All voted in favor. The City Attorney was also requested to review ordinances in other communities regarding the length of time allowed by a City to hold off-sale liquor permits without making use of the permits. COACHMAN OAKS SECOND ADDITION PRELIMINARY PLAT AND VARIANCES Mr. Howard Rekstad of Rosewood Corporation and Phil Carlson of Howard Dahlgren and Associates appeared on behalf of the application of Rosewood Corpor- ation for preliminary plat approval and three setback variances for Coachman Oaks Section Addition on Coachman Road and Four Oaks Road. A number of neigh- boring property owners from Timberline Addition were present and the Council reviewed the report of the City Planner along with the letter from the Timberline Association president. There was discussion concerning the proposals for uses of other land owned by Rosewood in the area including proposed park land, senior citizen highrise, etc., but it was noted that no approval was given for other uses other than within the proposed plat. There was further discussion con- cerning the three variances requested and Mr. Rekstad stated that the third variance requesting zero setback requirement for the driveways adjacent to the recreation area, known as Outlot A, was not required. There was considerable discussion involving Univac's proposed building which would conflict with the easterly extension of Four Oaks Road. Councilmember Smith recommended that a 40- foot easement be acquired along the easterly boundary of Coachman Oaks Second Addition to accomodate a future extension of Four Oaks P.oad with 40 feet from Univac. There was also considerable discussion relating to the cul-de-sacs and variances. Mr. Hauge recommended that the proposed plat not indicate "Park" on the plat for the area that has been acquired by the City for park purposes. C_uncL L ~iinu:es March 4, 1980 Page Five The APC recommended approval subject to certain conditions. The Council reviewed written comments from Mr. Colbert concerning cul-de-sacs and it was noted that further study will be done concerning the cul-de-sac policy for the City. Smith moved and Parranto seconded the motion to continue the consideration of the applications until the next regular Council meeting in order to allow the staff and the Council to review various plans regarding Four Oaks Road running easterly in light of the recent announcement of Univac of its intentions to construct a building in the path of the proposed easterly extension of Four-Oaks Road; to review the park dedication for the area; to allow further review of the proposed variances, the cul-de-sac options and possible looping of the street through the subdivision. All voted yes. MICHAEL SILL ADDITION PRELIMINARY PLAT AND CONDITIONAL USE PERMIT AND VARIANCE The applications of Michael R. Sill for preliminary plat approval of the Michael R. Sill Addition, conditional use permit in order to allow outside storage of equipment and 50-foot front setback variance were next considered. Mr. Bob Worthington, Rauenhorst Corporation, and Mr. Elmer Joster of Road Machinery and Supplies Company were present. The APC recommended approval sub- ject to certain conditions. Mr. Josten discussed the proposed development and indicated that up to 100 pieces of equipment will be stored outside during the winter season. There were concerns about aesthetics in the area of the outside storage and possible screening of the area in light of the revision of Highway #13. Road Machinery and Supply is acquiring the triangle at the northwest corner but is uncertain about the acquisition of the triangular parcel to the northeast. Wachter moved, Parranto seconded the motion to approve the preliminary plat of Michael Sill Addition according to the following condition: 1. APC recommended approval of the preliminary plat with the understanding that the applicants will attempt to acquire the triangle on the west border of the plat. D 80-25 All voted in favor. Parranto then moved, Egan seconded the motion to approve the 50-foot front setback variance and the conditional use permit with the understanding that crushed rock will be permitted as requested according to the following condi- tions: 1. If the triangle to the east is acquired, and the building is moved easterly, then the applicant should review with the staff the potential realign- ment with Wuthering Heights Road of the access Road. 2. The parking areas shall have a bituminous surfacing with concrete curbing around the perimeter. The storage area shall be required to have a crushed rock base and dust control shall be implemented on this area. 3. There shall be no storage of equipment on the north side of the building. 4. The plans, including drainage, shall be reviewed by the Minnesota Highway Department, because the proposed plat abuts the State Highway. 5. The proposed office facilities shall be limited to 15,900 square feet unless additional parking spaces are provided. 6. An adequate landscape bond, according to City requirements, shall be Councii Minutes March 4, 1980 fig; G. G Page Six and not released for one year after the landscaping has been completed. Because of the sensitive area along Silver Bell Road, staff shall determine within one year if adequate landscaping has been provided and if landscaping has not been provided, additional landscaping shall be required and landscaping adjacent to building portion within 50 feet of street shall be approved by staff before a building permit will be granted. 7. All easements shall be required in accordance to the recommendations of the City staff. 8. The westerly entrance drive should be relocated to avoid direct access toward building. 9. All utility relocations and/or removal shall be accomplished at the developer's expense. 10. All utilities subsequently located within the property limits of this plat will become the private maintenance responsibility of the developer. 11. A revised grading, drainage, and erosion control plan shall be sub- mitted and approved by City staff prior to final plat application. 12. A 40-foot half right-of-way shall be dedicated for Silver Bell Road. 13. The 50-foot setback variance is only applicable to portions of the building protruding within 50 feet of north property line and the triangle to east required the setback still applies'only to that portion of the building. 14. That no parking facility or other use than greenery for setbacks shall be required. 15. That the conditional use permit be approved subject to compliance with all City ordinances and requirments and that if a conditional use is required, that the APC recommends approval of a loading dock. All voted in favor. D 80-26 BURGER KING NICOLS STATION A representative of Burger King was present and requested that the City Council approve a revised architectural plan for the proposed Burger King restaurant in the proposed Nicols Station Shopping Center at Wildwood Lane and Nicols Road. Parranto abstained from consideration. The representative noted that there would be 3,000 square feet in the building with a 300 square foot reduction from the original plan. Wachter moved, Egan seconded the motion, to approve the architectural rendering. All voted in favor with the exception of Parranto who abstained. COUII ii nut S March 4, 1980 Page Seven ASSOCIATION OF METROPOLITAN MLA?ICIPALITIFS Mr. Hedges indicated that Vern Peterson, executive director of the Association of Metropolitan Municipalities, was unable to be present at the meeting to dis- cuss with the Council proposed membership in AIIM. Blomquist moved, Egan seconded the motion, that a special meeting of the City Council be held March 13, 1980 at 6:30 p.m. at the City Hall for consideration of membership in AMM. All voted yes. DEEP WELL NO. 6 PROJECT #280 The City Attorney submitted a contract with Keys Well Drilling Company covering Deep Well No. 6, Project #280--Imp. #80-2, and recommended approval. Wachter moved and Egan seconded the motion to approve the contract and order its execution. All voted yes. A 80-5 WESCOTT ROAD RESOLUTION Paul Hauge submitted to the Council a proposed resolution to be approved by the Council acknowledging the location of Wescott Road running along the northerly boundary of the City Police facility property lying at the southeast corner of Wescott Road and Pilot Knob Road and recommended approval. Smith moved, Parranto seconded the motion, all voted in favor to approve the resolution and authorize it to be recorded with the County Recorder. R 80-17 CAPONI VS. CITY OF EAGAN The City Attorney discussed with the Council in detail an action commenced by Anthony Caponi against the City and others regarding the lake level of Ouiglev Lake and including damages for the raising of the lake. It was noted in 1978 that the Department of Natural Resources issued a letter setting what appeared to be the normal NOHW and a motion is now being brought by Mr. Caponi in Dakota County District Court to request the DNR Commissioner to reset the level. The City Engineer and Public Works Director recommended that the Council take the position that the level has already been set. Smith moved and Parranto seconded the motion to authorize the City Attorney to participate in the court hearing and to take the position that the NOHW has already been set by the DNR. All voted in favor. CITY PROPERTY ASSESSMENTS Tom Hedges discussed with the Council the recommendation of the City Treasurer that assessments be abated covering four separate parcels of property owned by the City. Council Minutes March 4, 1980 Page right 1. Twin View Manor, unplatted road, Sl82.90, water area. 2. Outlot B, Drexel Heights, $57.00, storm sewer trunk. 3. Outlot C, Drexel Heights, $903.62, storm sewer trunk. 4. Outlot D, Drexel Heights, $286.64, storm sewer trunk. There was discussion as to whether trunk assessments should be abated, paid from storm sewer trunk funds, paid from the park site development fund; or special tax levy. The Council directed that the Treasurer pay all from the General Fund to be consistent with past policy and that a special levy be proposed if appropriate or required. HOUSE JU17FNTLE TITSTICF SI?BCOMMITTFE 'nr. CPI'ITNAL JUSTICE *'r. Hedges announed that-the first hearing concerning the drug parapher- nalia statutes, six of which have been submitted in the House of Representatives, will he heard before the House Juvenile Subcommittee on ?'arch 5, 1980. He indicated that the Mayor and several staff persons will attend to represent the City. A 4 JSEMRNT DEVICES ZONING ORT)INANCr. The City Administrator discussed an informal request from a proposed tenant of Silver Bell Shopping Center inquiring whether the Coucil would allow an amusement center as a permitted or conditional use in a Neighborhood Business District. The Councilmembers indicated no objection and instructed the City, Attorney to prepare an amendment to Ordinance No. 52 to implement amusement devices as conditional uses in Neighborhood Business Districts and more dense business districts. FISH LAKE STORY SEWER PPO,TrCT '279 The engineering staff recommended that the City Council authorize the acquisition of all necessary easements running from Fish Lake to Rlackhawk Lake in order to alleviate the impending storm water problem in Fish Lake. Mr. Colbert indicated that negotiations have taken place with James Horne in order to acquire a storm sewer easement across the northwest corner of the Horne property but that negotiations have not been successful. After consider- able discussion, Parranto moved, Egan seconded the motion, to authorize the staff and City Attorney to commence proceedings to acquire necessary easements from Fish Lake to Blackhawk including the James Horne property by negotiation or by condemnation if necessary. All voted yes. R 80-18 STREET SIGN SAYPLFS Mr. Colbert displayed three (3) samples of street signs for new develop- ments in the City. Wachter moved, Parranto seconded the motion, to authorize the City to acquire refelctorized white-on-green street signs for future street signing in the City. All voted in favor. EXISTING IMPROVEMENT PROJECTS The Council requested the staff to commence a study for Council review of all improvement projects that have been ordered in by the Council, those that have not been contracted, those for which contracts have been entered into and not completed, and whether existing funds are available for such improvements Council Minutes V° March 4, 1980`' Page Nine in light of the recent bond market sale problems. It was noted that municipal bonds are not being traded at the present time because of the restrictive interest rates. 11APCH 13 SPECIAL "IFETINc The Council also set a public informational hearing to commence at 7 p.m. until 8:30 p.m. on March 13, 1980, regarding I-35F and further that the Council discuss the Industrial Revenue Bond policy and collector road issues at that meeting. VOUCHERS Fgan moved, Parranto seconded the motion, all voted yes to approve the following vouchers: 962-963 9794-9884 14788-14852 Upon motion duly made and seconded the meeting adjourned at 12:30 a.m. PHH DATED: March 4, 1980 /City clerk