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10/21/1980 - City Council Regular OC257 MINUTES OF A REGULAR MEETING OF THE FACAN CITY COUNCIL EAGAN, MINNESOTA OCTOBFR 21, 1980 A regular meeting of the Eagan City Council was held on Tuesday, October 21, 1980, at 6:45 p.m. at the Eagan City Hall. Present were Mayor Bea Blomquist and Councilmembers Mark Parranto, Tom Egan, Jim Smith and Ted Wachter. Also present were City Engineer Bob Rosene, City Public Works Director Tom Colbert, City Administrator Tom Hedges, and City Attorney Paul Hauge. The Mayor announced that Local Government Day had been recognized by a special dedication ceremony of the Rahn Thomas Trail at the Thomas Lake School site. Council- members were present at 6:00 p.m. as were representatives of several groups including scout groups, and the official opening of the Rahn Thomas Trail took place at that time. AGENDA Upon motion by Smith, seconded by Egan, it was RESOLVFD that the agenda as distributed be approved with the exception that items B and I under New Business were stricken consisting of the following: The application of Lexington Standard Corporation for a conditional use permit and application of Alan F. Rodgers for variance to exceed lot coverage at 2068 Opal Drive. All voted in favor. MINUTES Wachter moved, Parranto seconded the motion, all voted in favor to approve the minutes of the October 7, 1980, meeting except for page 5 where Smith moved, Wachter seconded the motion to close the hearing regarding Project #241. OLD TOWN HALL AND ORR RESIDENCE City Administrator Hedges recommended that the Council approve the contract for the reroofing of the Orr residence rental property and the old Town Hall and indicated that one quotation had been received from Donald R. Narveson Company in the sum of $1,755 for the Orr residence and $1,300 for the old Town Hall. After discussion, Smith moved, Wachter seconded the motion to direct the staff to acquire three quotations for the reroofing of each building and authorize the roofing to proceed under the low quote. All voted yes. OLD TOWN HALL HISTORICAL PRESERVATION The Council discussed the desirability of preserving the old Town Hall building including the documents in the building. Wachter moved, Blomquist seconded the motion, that the staff be directed to remove and preserve all documents on the walls of the old Town Hall. All voted yes. Council Minutes October 21, 1980 00258 Page Two ENERGY CONSERVATION GRANT The City of Eagan has been notified that the Energy Conservation Program initiated through energy audits for the City was approved in the sum of $434. Egan moved, Wachter seconded the motion to accept the grant in the amount of $434 and execute the necessary Resolution. All voted yes. R 80-86 CARSON-PIRIE-SCOTT INDUSTRIAL REVENUE BONDS A request from the attorney for Carson-Pixie-Scott Company inquiring as to certain aspects of the proposed Industrial Revenue Mortgage issue for the Carson- Pirie-Scott warehouse facility on Lexington Avenue was discussed. Wachter moved, Egan seconded the motion to refer the request to Miller and Schroeder and the City Attorney for comments and recommendations to the Council. CONSENT AGENDA The following items and recommendations for the Consent Agenda were submitted by the staff: 1. Improvement 4180-7, Windcrest Addition Utility Improvements, etc. The bids for Improvement #80-7 were opened on October 10 at 3 p.m. The low bid was submitted by C. Wayne Erickson, Inc., in the amount of 5229,875.20, covering Projects 11293, #284, and 41308. The staff recommended continuance for additional review. 2. Improvement #80-24, Ridge Cliffe 1st Addition Utilities. The bid opening for Ridge Cliffe 1st Addition utilities took place at 3 p.m. on October 9, 1980, and the low bid was from Tom Montgomery Construction Company in the sum of $477,216. The staff recommended continuance in the award of the contract to gain further information. 3. Ches Mar East Third Addition Final Plat. The application for extension of time to submit the final plat for Ches Mar Fast 3rd Addition until April of 1981, now referred to as 4th Addition, was recommended for approval. Parranto moved, Smith seconded the motion, to continue the acceptance of the award of the low bids for Improvements #80-7 and #80-24 until the special Council meeting of October 28, 1980, at 7 p.m. at the City Hall, and that the request for extension of the Ches Mar East 3rd Addition final plat be approved. All voted yes. TRUNK #55 STORM SEWER OUTLET PROJECT #182 The Mayor convened the continued public hearing regarding Improvement Project #182 consisting of storm sewer pond outlet in the Trunk Highway #55 and #49 area. A number of affected property owners were present and the hearing convened at 7 p.m. Mr. Colbert and Mr. Rosene explained the project in detail and further explained the preliminary report for Improvement Project #319 consisting of storm sewer pond outlets for Burr Oak Pond and Eagandale Center Industrial Park No. 3 pond areas. There were concerns about the need for easements and the anticipated cost. There was detailed discussion about gravity vs. force main for a portion of the project lying west of Highway #49, and also a question as to whether the affected residents in Inver Grove Heights could be assessed at the present time. After considerable discussion, Blomquist moved, Wachter seconded the motion to close the public hearing Council Minutes October 21, 1980 OIL 259 Page Three noting it would be necessary to have a public hearing in the second phase. All voted in favor. Parranto then moved, Egan seconded the motion to continue action on the project until a public hearing can be held on Improvement Project #319; further that the preliminary report for Improvement Project #319 be accepted and that a public hearing be scheduled for November 18, 1980 at 7 p.m. at the City Hall; further that all property owners included within Improvement Project #182 and Improvement Project #319 be noticed for the hearing. All voted in favor. POLICE DEPARTMENT Chief DesLauriers and Assistant Chief Berthe were present. The proposed purchase of four police vehicles through the Hennepin County Purchasing Program was continued until a special Council meeting of October 30, 1980, at 6:00 p.m. at the City Hall. LONE OAK ROAD STOP SIGNALS There was discussion concerning the flashers and the stop sign located on Lone Oak Road adjacent to Pilot Knob School. Councilmembers requested that Mr. Colbert contract Dakota County and there was discussion concerning moving the stop sign or reimbursing the City for the City's contribution for the flashing signals noting that they both were not necessary. Wachter moved, Egan seconded the motion to direct the City staff to contact Dakota County to remove the stop sign. Smith, Parranto and Blomquist voted no. Wachter and Fgan voted yes. Smith then moved that the staff check with Dakota County concerning a better location for the stop sign and report to the Council in June of 1981 concerning the continuation of the flashers. Parranto seconded the motion. All members voted in favor except Wachter who voted no. PARK DEPARTMENT City Administrator Hedges reported concerning the recommendation of the Advisory Park Committee that the City contribute one-half of the cost of approximately $300- $350 toward the construction of a soccer kick board in South Oaks Addition park area in 1981. Parranto moved, Wachter seconded the motion, to accept the recommendation. All voted in favor. COUNTY TAX ABATEMENTS Jake O'Toole of the Dakota County Assessor's Office was present and recommended tax abatements for the following parcels: Dennis Baliey Walkoff, Parcel #10-01900-050-4: M.R. Effress & Jerome Halper, parcel #10-00200-010-27; R.E.S. Investment Co., parcels #10-00100-010-29, #10-53320-022-00, #10-53320-030-00, #10-53320-085-00; and #10-53320-087-00. Parranto moved, Egan seconded the motion to approve the recommendation All voted in favor. Council Minutes O(. 260 October 21, 1980 Page Four LEXINGTON AVENUE AND WILDERNESS RUN ROAD EXTENSIONS A petition was received from Dunn & Curry Management, Inc., requesting the City proceed with final curb and gutter and paving of Lexington Avenue from Cliff Road to the intersection with Wilderness Run Road. A petition was also received from Dunn & Curry requesting that the Wilderness Run Road street improvement be completed from the intersection of Lexington Avenue easterly to Dodd Road. Mr. Rod Hardy of Dunn & Curry was present. Mr. Hedges explained the progress concerning the Lexington Avenue Agreement with Dakota County. After discussion, Wachter moved, Egan seconded the motion, that the staff contact the County to acquire more details concerning County Road #31 and Wildwood Lane (County Road #30) improvements with the request that construction of each take place in 1981. All voted yes. Mr. Hardy explained that Dunn & Curry was committed to give the right-of-way for Lexington Avenue north to Wildwood Lane and northerly to its intersection with existing Lexington Avenue. Dunn & Curry will proceed with the rough grading north of Wildwood when the location is determined by the City and the County. Smith moved, Wachter seconded the motion to accept the petition of Dunn & Curry for improvements on Lexington Avenue and Wilderness Run Road and to direct the City Engineer to prepare the feasibility report on Lexington Avenue from Cliff Road to Wildwood Lane and northerly to its intersection with existing Lexington Avenue, and further, Wilderness Run Road easterly to Dodd Road; further that the City Engineer provide for alternate cost feasibility studies covering 24-foot mat only. All members voted in favor. EAGAN SIGN ORDINANCE COMMITTEE There was discussion concerning the City Council's request that a Sign Ordinance Committee be appointed and the Council reviewed organizational objectives, size of the committee, and members to be appointed to the committee. It was determined that the committee consist of two councilmembers, two planning commission members, a business sign representative and outdoor sign representative and one local business- person, the building inspector and staff members. It was further determined that the committee would review the existing sign ordinance #16 and make recommendations regarding signs and billboards adjacent to and in the immediate vicinity of the existing and proposed freeway rights-of-way and further that members would be appointed to the committee at the next regular Council meeting on November 5, 1980. Smith moved, Egan seconded the motion to adopt the foregoing provisions for the Committees. All voted in favor. ERIKSTRUP ASSESSMENTS The request of Frik Frikstrup, landowner at Pilot Knob Road and Cliff Road for deferrment of assessments was next reviewed. Wachter moved, Smith seconded the motion to continue until the next regular meeting because Mr. Frikstrup was not present. All voted yes. Council Minutes October 21, 1930 01261 Page Five DRUG PARAPHERNALIA ORDINANCF NO. 74 The City Administrator and City Attorney discussed the draft of the proposed revised drug paraphernalia ordinance to replace ordinance No. 71 and it was noted that the ordinance is virtually identical with the Model Drug Paraphernalia Act drafted by the Drug Enforcement Administration of the U.S. Department of Justice. The ordinance covers the possession, manufacture, delivery and advertisement of drug paraphernalia and there was considerable discussion concerning the proposed draft. After discussion, the Council made the following findings and conclusions: 1. Findings of the City Council A. In June and July of 1979, many Fagan residents, school officials, clergymen, parents of drug abusers and other interested persons testified before the City Council and established the relationship between the availability of drug para- phernalia and drug abuse, and established that there is a significant drug problem in the City of Fagan. B. Hearings held by the Select Committee on Narcotics Abuse and Control of the House of Representatives in November of 1979 have established that there is a considerable body of evidence showing that drug paraphernalia contributes to the drug problem. C. The Eighth Circuit Court of Appeals affirmed in its decision in Geiger vs. City of Eagan that municipalities may act to control drug paraphernalia by properly drawn ordinances. D. The Eighth Circuit Court of Appeals in that decision also clearly implied that the Model Drug Paraphernalia Act drafted by the Federal Drug Enforcement Administration is properly drawn. E. The Model Drug Paraphernalia Act has been upheld as constitutional by at least four Federal District Courts in Ohio, Florida, New Jersey and Delaware. F. The proposed Eagan Ordinance is virtually identical to the Model Drug Paraphernalia Act. II. Conclusions of the City Council. A. It is necessary for the City of Fagan to act decisively to discourage drug abuse by controlling implements which contribute to the drug problem. B. The proposed Fagan Drug Paraphernalia Ordinance is a feasible means of controlling drug paraphernalia. C. The proposed Eagan Drug Paraphernalia Ordinance is constitutionally drawn in all respects. After review and approval of the findings and conclusions, Smith moved, Wachter seconded the motion to adopt the drug paraphernalia Ordinance No. 74 as presented and order its publication in the Dakota County Tribune. All members voted in favor. SEE ORDINANCE BOOK Council Minutes October 21, 1980 O , 262 Page Six DUCKWOOD TRAIL PRELIMINARY PLAT, PUD, AND ANNUAL REVIEW A. Preliminary Plat. Mr. Ralph Wagner and Mr. Zollie Baratz appeared on behalf of the application of Bar-ett Construction Company for amendment to the Duckwood Trail Planned Development Agreement, revised preliminary plat approval and annual planned development review. The APC recommended approval subject to certain condi- tions. There were concerns about storm sewer and lake levels in the area and about the future construction of parking when needed across the street from the condominium units. It was suggested that the timing of the parking would be required at the grant of the building permit rather than do it in the future as needed because of the in- ability to effectively make a demand upon the then owners. There was considerable discussion about the green space, the unstable soil in the area, and Councilmembers objected to the changes that were made to the layout resulting in parking across from the condo units. Mr. Baratz stated that the developers would install additional parking south of the condos if required by the Council. Parranto moved, Wachter seconded the motion that the preliminary plat application be approved subject to the following: 1. Parking on the lot south of the condominiums be increased to provide additional parking adjacent to the building with a total of 225 parking spaces to be required for the 90-unit condominium project and 150 spaces adjacent to the building; 2. That the parking lot lighting be required in the parking across the street with automatic outdoor parking lot lighting required in that lot; 3. That no berm would be allowed between the parking and the 90-unit condo- minium project so the vision for security would be obscured; 4. That allowance of parking across the street not be a precedent for future multiple housing construction; 5. That all other conditions of the Planning Commission be imposed; 6. That the property be common property and that the parking lot be tied to the condominium property with the understanding that there would be a homeowners association with commonly owned property. All voted in favor, except Smith who voted no. D 80-90 B. PUD Amendment. Parranto moved, Wachter seconded the motion to approve the amendment to the PUD Agreement with all voting yes except Smith who voted no. C. Annual Review. Egan moved, Wachter seconded the motion, to approve the annual review for Duckwood Trail PUD. All members voted yes except Smith who voted no. CEDAR CLIFF ADDITION WAIVER OF PLAT The application of Zachman Homes, Inc., for waiver of plat to subdivide 14 twin home lots for individual ownership located in Cedar Cliff Addition was next considered. Mr. Steve Ryan appeared for the applicant. The APC recommended approval subject to certain conditions. There was considerable discussion concerning the method of splitting lots and the request in this instance was for a waiver of plat to handle all lots as they are developed. After the various methods were discussed, Parranto moved, Egan seconded the motion, to approve the application covering the Council Minutes October 21, 1980 Page Seven 0(1263 14 twin home lots subject to the following conditions: 1. That each unit of the twin home have individual utility services. 2. All other requirements staff set be in accordance with the PD Agreement for the Cedar Cliff PD. All voted in favor. Mr. Ryan stated that Zachman would attempt to place a sign noting the commercial property on the corner of Nicols Road and Cliff Road. R 80-87 TWIN HOME LOT STUDY Parranto then moved that the staff prepare a report relating to splitting of lots for twin homes including waiver of plat, replatting, use of zero lot line and further to research the potential problems regarding maintenance of exterior build- ings on duplex parcels including homeowners agreements. Smith seconded the motion. All voted in favor. JON FOLEY CONDITIONAL USE PERMIT SILVER BELL CENTER The application of Jon Foley and Vasco Bernardi for conditional use permit for 3.2 beer and wine license for 1985 Silver Bell Road in the Silver Bell Shopping Center was next considered. Mr. Foley was present and stated the name of the restaurant would be the Briar Patch Tavern in bay 19 of the Silver Bell Center. It was noted no wine application was requested at the present time although included in the conditional use permit request. Egan moved, Wachter seconded the motion to approve the conditional use permit according to the following recommendations: 1. Compliance with the hours stated by Mr. Foley. 2. That the licensing process including the approval by the Police Chief be complied with. 3. That the applicant comply with all other applicable ordinances. All members voted in favor. Then Smith moved, Parranto seconded the motion, to amend the conditions to restrict operating hours to those provided under the ordinance because of concerns about policing the hours other than those provided under the ordinance. All voted in favor. Egan then moved, Smith seconded the motion to approve the 3.2 beer license application. All voted yes. MEDITERRANEAN CRUISE RESTAURANT Mr. Hussein Ansari appeared on behalf of his application for conditional use permit and for 3.2 beer and wine license, pylon sign permit, cigarette permit, on- sale wine and beer licenses for the Mediterranean Cruise Restaurant located in the former Country Kitchen Restaurant on Highway #13. There would be no bar and there would be 86 seats in the restaurant. The APC recommended approval of the conditional use permits subject to conditions. Parranto moved, Smith seconded a motion to approve the conditional use permit subject to the following with the understanding that the hours would be permitted pursuant to ordinance provisions: Council Minutes 0 C2 64 October 21, 1980 Page Fight 1. Compliance with the hours pursuant to ordinance regulations. 2. Subject to approval of the necessary licenses by the City Council. 3. Compliance with all required ordinances. All voted in favor. Parranto moved, Wachter seconded the motion to approve the conditional use permit application for pylon signs subject to the following condi- tions. 1. The pylon sign is allowed in lieu of a free-standing ground sign and only one pylon sign is allowed per building. 2. The pylon sign shall not be located within 300 feet of any other pylon sign, measured on the same side of the street. 3. The pylon sign shall not project more than 27 feet above the lot level. 4. The pylon sign shall not exceed 60 square feet in area. 5. The sign shall not be located nearer than 20 feet from any street or highway right-of-way, nor nearer than 10 feet from any property or dividing line. 6. The sign shall be in conformance with all other applicable ordinance requirements under Ordinance 16. All members voted yes. Then Parranto moved, 1?gan seconded the motion to approve the application for 3.2 on-sale beer and wine licenses and for cigarette license according to ordinance requirements. All voted yes. ROBERT FITZGERALD VARIANCE 4316 CEDAR AVFNUE SOUTH (NICOLS ROAD) Mr. Fitzgerald was present and explained the application. Smith moved, Parranto seconded the motion to approve the application according to the recommendations of the Planning Commission and subject to ordinance requirements with the understanding the hardship exists in that there is no garage on the lot. All voted yes. PAUL, GRIEBEL WIND GENERATOR PERMIT An application from Paul Griebel of 1636 Walnut Lane for application for a wind generator at his residence was next discussed. Mr. Griebel was not present and there were concerns about such permits and use in neighborhood areas. Smith moved, Wachter seconded the motion to continue the application and to request the staff to acquire background information including procedures and submit the recommendations to the Council. All voted in favor. Council Minutes 0 (265 October 21, 1980 Page Nine CEDAR VIEW ADDITION FINAL PLAT The application of William F. Brandt for final plat approval of Cedar View Addition was next reviewed by the Council. Parranto moved, Egan seconded the motion to continue the application as requested by the developer until the November 8 meeting. All voted in favor. RIDGE CLIFFE 4TH AND 5TH ADDITIONS FINAL PLATS There was considerable discussion concerning the four and eight lot depth private streets without cul-de-sacs or turnarounds and the potential for fire and police protection problems during consideration of the application for final plat approval of Ridge Cliffe 4th and 5th Additions final plats. The Councilmembers stated that this was the first opportunity they had had to review these plats in detail and requested further study concerning the new concept. Smith moved, Parranto seconded the motion, to continue the application for further study and recommendation by the staff. All voted yea. EAGANDALE CENTER 1ST ADDITION FINAL PLAT Mr. Tom David appeared on behalf of the application for approval of the Fagandale Center 1st Addition final plat. There was discussion concerning lot line easements within the plat. Wachter moved, Egan seconded the motion to approve the application subject to all City ordinance requirements. All voted in favor. R 80-88 TRUNK HIGHWAY #149 UPGRADING D 80-91 A representative of Mn/DOT District 9 was present to discuss with the Council the proposed upgrading of Trunk Highway 149 between Blue Gentian Road to T. H. #55. Two alternates were submitted covering one or two access points to adjacent property on T. H. 149 and alternate #1 was recommended by the staff with two major inter- sections between Blue Gentian Road and Trunk Highway 1655 for future development. Alternate #2 provided one intersection. Wachter moved, Smith seconded the motion, to accept the recommendation of staff and further to recommend to MN/DOT that urban cross sections be constructed; further, that the Council recommended against the right turn in and out on the east side of #149 near Highway #55 as shown on the plan. All voted yes. AGENDA CONTINUATION Parranto moved, Egan seconded the motion to approve continuation of the discus- sion of agenda items beyond 11:00 p.m. All voted yes. WEED ORDINANCE A draft of a proposed weed ordinance as requested by the Director of Parks and Recreation and prepared by the City Attorney's office was submitted for review. There was extended discussion concerning the need for such an ordinance in platted areas in other than residential areas but that the noxious weed program be continued if there are complaints. Smith moved, Wachter seconded the motion to send the weed ordinance back to staff for further study and recommendation. All voted yes. Council Minutes 0(:266 October 21, 1980 L Page Ten BARTON ENTERPRISES CEDAR AVENUE PERMIT A request from Mr. Gary Sauer of Barton Enterprises for revision to the asphalt plant permit located on the Cedar Avenue Freeway was next discussed. Mr. Sauer requested that the excess material on hand be permitted to be used on other projects than Cedar Avenue only. Smith moved, Egan seconded the motion to approve the special permit with the understanding that there will be no extension of time or extension of other conditions. All voted yes. PROJECT #316 GALAXIE AVENUE STREET IMPROVEMENTS A preliminary report for the installation of utilities for Ridge Cliffe Addition across I-35E is being prepared by the staff and MN/DOT is required to relocate a portion of Galaxie Avenue. MN/DOT has expressed preliminary agreement with having the City act as the State's agent to perform necessary grading and surfacing on the relocated portion of Galaxie Avenue, and requested a resolution for cost participa- tion. Smith moved, Parranto seconded the motion, to approve the resolution regarding cross participation pertaining to the relocation grading and surfacing of Galaxie Avenue and authorize its execution. All voted in favor. R 80-89 IMPROVEMENT #80-30 HIGHVIEW AVENUE The contract with Richard Knutson covering Improvement #80-30 consisting of Improvement #292 on Highview Avenue was upon motion by Egan, seconded Parranto, all voted in favor, approved. WESCOTT ROAD MCCARTHY PROPERTY COMDFMIATInN The City Attorney indicated that negotiations have been unsuccessful with the McCarthy family for acquisition of necessary right-of-way for the extension of Wescott Road. Egan moved, Wachter seconded the motion to authorize the Fagan City Attorney to proceed with condemnation of the McCarthy property and also to authorize the appointment of the appraiser for the City. All voted in favor. LICENSE AND PERMIT FEES The City Clerk requested review by the Council of the permit fees for beer, liquor and wine license revision. Blomquist moved, Wachter seconded the motion to request the staff to study whether off-sale liquor fees had been raised by special legislation for certain cities and to report to the Council. All Councilmembers voted yes. LAND USE ZONING SEMINAR At the recommendation of the staff, Smith moved, Egan seconded the motion to authorize the members of the Planning Commission and staff to attend a Land Use Zoning seminar in the metropolitan area with payment of tuition from City funds. All voted yes. Council Minutes OC267 October 21, 1980 Page Eleven BRITTANY ADDITION A request from the developer of Brittany 2nd Addition for 20-foot front set- backs rather than 30-foot setbacks for Lots 1 through 10, Block 1, due to terrain issues was presented. Parranto moved, Wachter seconded a motion to approve the request with the understanding that the building inspector would determine proper driveway grades to avoid excessive front yard driveway grades; further, with the understanding that there are no other property owners involved other than the developer in order to avoid the variance public hearing. All voted yes. FEDERAL REVENUE SHAPING The Council requested the Mayor forward a letter to the area congressional delegation favoring the extension of Federal Revenue Sharing for local units of governments. SPECIAL COUNCIL MEETING OCTOBER 28 Mayor Blomquist called a special Council meeting to be held at 7:00 p.m. at Faster Lutheran Church on Pilot Knob Road on October 28, 1980, at 6:45 p.m. to review improvement contracts and at 7:00 p.m. a meeting with area Councilmembers regarding amendments to Comprehensive Plans under the Land Use Planning Act. COUNCIL AGENDA There was discussion concerning methods of limiting the number of formal items on the Council agenda and it was requested that the staff prepare a proposal in the form of limiting the number of agenda items to approximately 20 for each regular meeting. FISH LAKE AND BLACKHAWK LAKE LEVELS Mr. Colbert stated that a public informational meeting had been held for all owners on both Fish Lake and Blackhawk Lake and comments had been received regarding the raising and lowering of the lake levels. He noted that 1007 approval to change lake levels would not be possible in the case of either lake. It was determined that Fish Lake be maintained at the present level of six inches below the N.O.H.W. VOUCHERS Egan moved, Wachter seconded the motion to approve the following vouchers: 1180-1218; 11129-11214; 16717 -16850. All voted in favor. ADJOURNMENT Wachter moved, Parranto seconded the motion to adjourn at 12:50 a.m. Dated: October 21, 1980 PHH Cit~erk