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11/05/1980 - City Council Regular OC 272 MINUTES OF A REGULAR MEETING OF THE FAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 5, 1980 A regular meeting of the Fagan City Council was held on Wednesday, November 5, 1980, at 6:30 p.m. at the Eagan City Hall. Mayor Bea Blomquist and Councilmembers Tom Egan, Mark Parranto, Jim Smith and Ted Wachter were present. Also present were City Administrator Hedges, Public Works Director Colbert, City Fngineer Rosene and City Attorney Paul Hauge. AGENDA Upon motion by Blomquist, seconded Egan, it was RESOLVED that the agenda as distributed be approved with the exception that the wind generator application of Paul Griebel be placed at the end of the agenda; further, that the Cedarview Addition final plat be continued until November 18 at the request of the Developer; and, that the consideration of utility projects in the Silver Bell Road area be heard by the Council at approximately 8:00 p.m. All voted yes. MINUTES Upon motion by Wachter, seconded Parranto, the minutes of the Special Council meetings of October 28, October 30 and the regular Council minutes of October 21, 1980, were approved with the exception that on the October 21, 1980, minutes, page 10, Project #223 should be Project #316. All voted yes. PARK DEPARTMENT Park Director Ken Vraa was present. 1. Tony Caponi fence. Mr. Vraa explained orally and submitted a written re- port concerning the dispute over the fence along the Tony Caponi/Patrick Eagan Park property. Mr. Caponi was also present and objected to the quality of the fence and the posts. He requested that the old fence not be salvaged but that the new fence be installed with heavier chain link and stated he would maintain the fence at his cost. It appeared to Councilmembers that the fence was not adequate for the purpose and Parranto moved, Smith seconded the motion, that the Council authorize the instal- lation of a chain-link type fence along the Caponi and the Tom Rooney property in a location agreed upon as close to the property line as possible with the staff to re- view the nature of the fence and to determine the appropriate quality fence to be installed. All voted yes, except Wachter who voted no stating that further review and investigation should be made prior to a decision. CONSENT AGENDA 1. Knights of Columbus temporary beer and bingo licenses. An application from the Knights of Columbus for turkey bingo on November 16, 1980, at St. John Neumann Church and temporary beer permit was submitted and recommended for approval by the staff. 2. St. John Neumann temporary beer permit. An application of the St. John Neumann parish for temporary beer permit for November 15, 1980, was recommended for approval to the Council. 00273 Council Minutes November 5, 1980 Page Two 3. I-494/I-35E interchange plans and specifications. The set of plans and speci- fications for the interchange excavation and bridge construction for 1-494 and I-35E was submitted to the Council and had been reviewed by the staff. No alterations have been made from the plans and specifications from those submitted to the City Council previously and the staff recommended approval. R 80-90 Egan moved, Parranto seconded, the motion to approve the Consent items as recom- mended. All voted yes. IMPROVEMENT #264B TWIN VIEW MANOR STREET IMPROVEMENTS The Mayor convened the public hearing regarding Improvement Project #264B con- sisting of street improvements for Twin View Manor. A petition had been received from over half of the affected property owners and Mr. Colbert, together with Mr. Rosene, explained the project in detail. A number of affected residents were present. Mr. Rosene discussed the request of the Dakota County Highway Department that the City arrange for payment of the drainage maintenance along Pilot Knob Road Northerly from Erik's Boulevard. Mr. Erik Erikstrup was present and objected to the drainage in the area as did Tony Villeli who opposed the project. After considerable discussion, Smith moved, Parranto seconded the motion, to close the hearing, to order in the pro- ject including urban cross-section and concrete curb and gutter under the project. All voted yes except Wachter who voted no. Parranto then moved, Smith seconded the motion that all maintenance costs for the storm sewer along the West side of Pilot Knob Road North of Erik's Boulevard be paid from City funds covering improvements as the result of Project #264 and not be assessed against the abutting property owners. All voted in favor except Wachter. ERIK ERIKSTRUP PILOT KNOB ROAD Mr. and Mrs. Erikstrup were present concerning their request that the assess- ments for storm sewer trunk charges be deferred under Ordinance No. 66 consisting of the Senior Citizen's Deferred Ordinance. The Assessment Committee made no recom- mendation at its meeting on September 11, 1980, covering the 9.8 acre parcel. It was noted that Mr. Erikstrup did not qualify under the age requirement but did under the income requirement. There were several alternates discussed including deferring until Mr. Erikstrup qualifies under the age requirement and possible acquisition as a trade-off for the right-of-way of Cliff Road and Pilot Knob Road together with other alternates. It was noted that Mr. Erikstrup does not quite qualify under the Green Acre 10-acre provision. After considerable discussion, Wachter moved, Egan seconded the motion to grant the deferral of assessments until the property is wholly or partially developed or platted, at the time of the sale by the Erikstrups, or until such time as Mr. Erikstrup reaches age 65, whichever is sooner, with the under- standing that the property will be assessed at the rates then in existence, that it not constitute a precedent and further contingent upon dismissal of the storm sewer assessment appeal. It was noted that there appeared to be financial hardship and that at age 65 Mr. Erikstrup could apply for senior citizen's deferral of assessments. All voted yes. COACHMAN OAKS 2ND ADDITION Mr. Hedges explained that the Council had requested that a concept plan be sub- mitted to the Council by the developers of Rosewood Corporation's Coachman Oaks 2nd 00274 Council Minutes November 5, 1980 Page Three Addition. Mr. Howard Rekstad was present and showed a plan including a looped street and requested a name change to Farnum's Place. There was discussion concerning the Four Oaks Road easement running to the Univac property and the Engineering Department recommended that temporary access be permitted for construction to the Univac prop- erty together :oith a 30-foot permanent utility and trail easement. The project in- dicated 20 units under the present plan. Smith moved, Wachter seconded the motion, to approve the plan as submitted subject to all other conditions imposed by the Planning Commission and Council; further subject to the grant of a 30-foot utility and trail easement with 20 feet to the South of the proposed Coachman Oaks 2nd Addi- tion; and further that the name remain Coachman Oaks 2nd Addition. All voted in favor. SILVER BELL ROAD UTILITIES - PROJECT #285 Mr. Colbert and Mr. Rosene reviewed with the Council the progress to date con- cerning the acquisition of easements in the Silver Bell Road utility area under Project #285 and also discussed changes in costs relating to deletions in the pro- ject. Two easements have not been acquired at the present time and one of the owners, Mr. Seurer, was present at the meeting and discussed the easement with the Council. Mr. Colbert stated that some of the owners requested that they be permitted to do restoration and a portion of the project on the Basset and Vogelpohl property has been deleted at their request. These facts cause a reduction in the assessable area and it appears to be too late to complete the project this fall, which may result in serious breakup problems in the spring. He discussed the possibility of nego- tiating with the contractor to do the work in 1980 at the same prices, to cancel the contract because of the big difference in the cost due to the deleted portion of the project, or proceed at the present time. A number of residents were present and favored proceeding this fall. Mr. Seurer stated that he would grant an easement and requested that contact be made concerning a different location for the utility line. Mr. Colbert stated that a meeting will be scheduled for Monday, November 10, at the Bill Hazel residence to discuss with the affected property owners the proposal for proceeding with the project or cancelling the contract. The Council authorized Mr. Colbert to proceed with the meeting. SAFARI AT EAGAN SHOPPING CENTER Mr. Hedges introduced the subject and noted that Dakota County District Court Judge Lawrence Lenertz had made a decision in the Safari at Eagan action and deter- mined that the City Council should review the application for site plan approval and preliminary plat approval without regard to zoning. Mr. Byron Watschke, Mr. Greg D'Monceau, architect, and Mr. Ray O'Neil, developer, appeared on behalf of the ap- plicants. The architect reviewed the project and a number of neighboring residents also were present. A request was made from some residents for long-term plans for construction and Mr. Watschke indicated the original concept would not necessarily be carried out for the outlots. He stated that the new proposal, however, for the shopping center will be built if approved by the City Council. The project would include 83,000 gross square feet with 22,000 square feet for a Red Owl store, also a Snyder Drug, Coast to Coast, and about 15-17 more tenants. There were concerns about screening along the Woodgate property and also the East line bordering Thomas Lake Road. Mr. Winn Scott of the Woodgate Homeowners Association read a statement opposing construction of the shopping center stating there was a surplus of shopping centers in the general area. Barbara Barker also made a statement opposing the pro- ject and requested the developer consider other uses but in the event that the project Council Minutes 0 275 November 5, 1980 Page Four does proceed that an acceptable buffer along the East line of the shopping center be installed. The architect explained that a 3-4 foot earthen berm together with land- scaping is planned along the East line including a 6 to 8 foot screen. Mr. Wachter indicated that a number of area residents had contacted him favoring the commercial development. After a lengthy discussion, Smith moved, Egan seconded the motion to approve the preliminary plat and site plan as presented subject to the following con- ditions: 1. That three small outlots and the large outlot not be approved for develop- ment at the present time for any specific use and that an application must be sub- mitted at the time of development to the Planning Commission and City Council for approval of each of those parcels; 2. That a detailed buffering plan, including landscaping, for the East property line be submitted to the City for approval prior to final plat approval of Safari at Eagan; 3. That also a detailed buffering plan be submitted and approved by the City covering the West line prior to final plat approval; 4. Subject to all recommendations of the Planning Commission at the March 25, 1980 meeting; 5. Further subject to staff approval and compliance with all applicable ordi- nances; 6. That the berm along the Eastern line be constructed as high as aesthetically practical, to which the developer agreed; 7. Further, conditioned upon submission of a detailed plan for the parking lot lighting which shall provide for lighting aimed within the parking lot area only. Mr. Parranto objected to condition No. 6 in the March 25 Planning Commission minutes dealing with architectural design for the entire commerical area. All members voted in favor. D 80-92 CEDARVIEW ADDITION FINAL PLAT Upon motion by Parranto, seconded Blomquist, it was RESOLVED that the applica- tion for approval of Cedarview Addition be continued until the next meeting as re- quested by the developer. All voted yes. EAGAN SIGN COMMITTEE The Council discussed the appointments proposed for the Sign Committee. Mr. Hedges indicated that contact had been made for representatives from Lawrence Sign Company and Naegle Outdoor Advertising Company, that two members from the Planning Commission had been recommended; it was recommended that Vernon or Martin Colon represent the business community and that Councilmembers James Smith and Thomas Egan represent the Council. The final decision on the committee objectives and composi- tion will be made at the next Council meeting. 0C27(; Council Minutes November 5, 1980 Page Five RIDGECLIFFE 4TH and 5TH ADDITIONS The application for final plat approval of Ridgecliffe 4th and 5th Additions continued from the October 21, 1980, meeting was next considered. Mr. Bob Carlson and Orrin Thompson appeared on behalf of Orrin Thompson Homes and reviewed the pro- posed four-plex units indicating depth of three units maximum. There were concerns about security and patrolling in those areas and it was noted that some construc- tion had taken place on the interior streets. Parranto moved, Wachter seconded the motion to approve the final plats of Ridgecliffe 4th and 5th Additions subject to staff recommendations and applicable ordinances, and with the understanding that no further plats to provide for three lot depth townhouse developments would be ap- proved until the City has determined that such development is appropriate and con- ducive to good development. All voted in favor. R 80-91 D 80-93 RIDGECLIFFE 4TH ADDITION REZONING The application of U. S. Homes Corporation to rezone Ridgecliffe 4th Addition from R-1 to R-2 located on Lots 1-12, Ridgecliffe 4th Addition was next considered. The APC recommended approval subject to certain conditions. Parranto moved, Egan seconded the motion to approve the application as submitted conditioned upon the APC conditions and compliance with all applicable ordinances. 1. Landscape plans shall be approved by the City staff and the landscape bond shall be required and not released until one year after the landscaping has been completed. 2. A tot lot shall be located within this townhouse area and site plans shall be approved by the City staff. 3. The by-laws of the homeowners association for this area shall be approved by City staff prior to the recording of the final plat. 4. Curbing shall be provided on all driveways. 5. The duplex units proposed on the east side of the replat shall be rezoned to an R-2, Residential Double District and no building permits shall be granted until such rezoning is completed. 6. All grading, drainage and utility easements shall be provided in accordance with the recommendations of the City staff. 7. Additional utility services shall be provided to the proposed twin home lots along Karis Way. 8. An erosion control plan must be submitted and approved by staff prior to final plat approval. All voted yes. R 80-92 ALAN RODGERS VARIANCE - 2068 OPAL DRIVE VARIANCE Mr. Alan Rodgers appeared on behalf of his application for variance to exceed lot coverage at 2068 Opal Drive to construct a garage addition. The Planning Com- mission recommended denial. There were no objections from surrounding property owners. Council Minutes 0C''277 November 5, 1980 Page Six After discussion, Smith moved, Egan seconded the motion, to approve the application noting there were no objections from neighboring property owners, it would not be visible from the street, that the lot was only 75 feet in width, and for practical necessity purposes. All voted yes except Parranto who voted no indicating there was no hardship. HARLAN SKOGLUND VARIANCE AT 4363 DIAMOND DRIVE Mr. Harlan Skoglund appeared regarding his application for a variance for a 3 foot sideyard setback and variance to exceed lot coverage at 4363 Diamond Drive in Cedar Grove 4th Addition. The APC recommended approval of the sideyard setback variance and denial of the lot coverage variance. There were no objections to the application. Smith moved, Egan seconded the motion to approve the application for variance for lot coverage based on the fact there were no neighborhood objections, the lot is a very small lot and hardship appeared to be present; further, that the sideyard setback variance be approved. All voted yes, except Parranto who voted no expressing his concern for future uses for oversized garages for business purposes. CARSON-PIRIE-SCOTT AND COMPANY INDUSTRIAL REVENUE FINANCING A request had been received from the attorney for Carson-Pirie-Scott and Com- pany regarding the industrial revenue financing which original resolution had been adopted at the May 2, 1979, Council meeting. Because no representative of Carson- Pirie-Scott was present, Parranto moved, Egan seconded the motion to continue the matter until the November 18, 1980, meeting. All voted yes. UNIVAC EXPANSION EAW An Environmental Assessment Worksheet has been submitted by Sperry-Univac and been reviewed by the City Planner covering the proposed expansion of the Univac facilities. The recommendation of the staff was that the Council recommend a nega- tive declaration and that no EIS be required. Wachter moved, Parranto seconded the motion to approve the recommendation. All voted in favor. O'LEARY LAKE - IMPROVEMENT PROJECT #322 A petition had been received from two property owners near O'Leary Lake in the Duckwood Estates area requesting a feasibility report concerning a storm sewer outlet for the lake under Improvement Project #322. The two property owners, namely Steve Klein and Bruce Reikowski were present. Wachter moved, Egan seconded the motion to accept the petition and to direct the engineer to prepare a feasibility report covering the project. All voted in favor. DAKOTA COUNTY CENTRAL LIBRARY Mr. Rod McDonald and Richard Brooks, the administrator and assistant adminis- trator respectively of the Dakota County Library System, appeared with plans for the Dakota County Library facility to be located on Wescott Road in Eagan. The Council reviewed the site and construction plans with the staff members in detail and recommended that the Library Board take alternate bids for excavating the lower level. Egan moved, Wachter seconded the motion to direct the City Administrator to compose a letter to the Dakota County Library Board and the County Board recommend- ing that the western portion of the site be excavated at the time of construction of the library building. All voted in favor. Council Minutes 0(.278 November 5, 1980 Page Seven BRITTANY 2ND and 3RD ADDITION ASSESSMENTS The request from the developer of Brittany 2nd and 3rd Additions that the utility and street improvements be assessed over a ten rather than a five year period was next considered. The Council discussed the issue in detail and discussed the propriety of a different policy between new developments where the developer intends to construct houses as opposed to those developers who intend only to sell lots. Wachter moved, Blomquist seconded the motion, to direct the staff to conduct a study in conjunction with the fiscal consultant and make a recommendation concerning the issue of length of assessments in new developments. All voted in favor. AGENDA EXTENSION Egan moved, Parranto seconded the motion, to extend the agenda past 11:00 p.m. All voted yes. AGENDA ITEM CONTROL The City Administrator revieved alternatives for regulating the number of agenda items considered at each Council meeting. Noting the policy of 11:00 time schedule for adjournment and the fact that there has been control by the Mayor and Adminis- trator in the past in preparing the Council agenda, no changes were recommended at this time. IMPROVEMENT #80-7 WINDCREST, WINDTREE AND DUCKWOOD TRAIL ADDITION IMPROVEMENTS The bids for Improvement #80-7 consisting of utility improvements in Windcrest, Windtree and Duckwood Trail Additions were received on October 10, 1980. The low bid was submitted by C. Wayne Erickson, Inc., in the amount of$229,875.20. Repre- sentatives of Duckwood Trail and Windcrest and Windtree Additions were present and recommended the Council award the contract. Staff recommended approval of the low bid. Mr. Colbert recommended that the final plat of Windcrest be allowed to proceed and that the developer post security with the City for grading of the Windcrest Addition. There was discussion regarding the proposed revision of the internal street in Duck- wood Trail to provide that the parking adjacent to the condominium property not he divided by a street. Soil borings have been taken under the Duckwood Trail area and it was recommended that the street not be moved. Ralph Wagner was present and explained the unstable soil conditions in the area. Smith then moved. Parranto seconded the motion to award the contract for Improvement #80-7 to the low bidder, C. Wayne Erickson, subject to compliance with all necessary conditions imposed by the City. All members voted in favor. PILOT KNOB ROAD TRAIL Ken Vraa was present and discussed with the Council a request for a feasibility study concerning a trail along Pilot Knob Road from County Road #30 (Wildwood Lane) to Berry Ridge Road. Several alternates were reviewed and there was discussion con- cerning the extra road easements in front of the Beautiful Saviour Lutheran Church. There was discussion concerning the need for a trail and the City paying the cost due to the fact that the trail must be outside of any street right-of-way according to the State Planning Agency's regulations. Parranto then moved, Smith seconded the motion, to authorize the staff to find an alternate location for the grant funds through the State Planning Agency and authorize the staff to prepare plans for a low cost trail area in the area designated and further to attempt to acquire an agreement with the James Refrigeration shopping center owners to share the cost due Council Minutes 0('279 November 5, 1980 Page Eight to the benefit received by the shopping center. All voted in favor. UNIVAC WATER TOWER IMPROVEMENT #80-31 Bids had been received from eight contractors for repainting of the Univac water tower under Improvement #80-31 with three alternates. The low base bid was from Schuman Brothers and second low from Allied Painting and Renovating. The Engineering Department recommended the award of the contract to Allied Painting and Renovating because taking all alternates into effect, the best price was from Allied Painting. A letter from Mr. Russ Headley of Sperry-Univac suggesting the City not paint the Lone Oak Tree or the name "Eagan" on the tank was also discussed. Smith moved, Egan seconded the motion to accept the recommendations of the staff and to award the bid contract to Allied Painting and Renovating with the total base bid of $29,120, together with deduct alternate #1 of $6,000 and an add-on alternate #2 of $1,000. All voted yes. COMPREHENSIVE PLAN AMENDMENT Mr. Hedges discussed with the Council a very detailed proposed checklist that was submitted by the Metropolitan Council staff. The City staff recommended against the implementation of the detailed checklist for amendment of municipal comprehen- sive plans. The Administrator was directed to forward a letter to the Metropolitan Council with the Council's objection to the proposed checklist, NEW CEDAR AVENUE There was discussion by Councilmembers concerning the impact of traffic in the area of the new Cedar Avenue Highway #13 interchange as a result of the opening of the Cedar Avenue bridge which took place on October 30, 1980. Certain intersections required revised traffic patterns and further study and review are necessary accord- ing to Councilmembers. The staff was requested to recommend certain changes to the Minnesota Department of Transportation and Dakota County Highway Departments. SNOW REMOVAL Mr. Colbert stated that 9.5 additional miles have been added to City streets totalling 95 miles of City streets requiring snowplowing in 1980-81. In addition. 40 new cul-de-sacs have been added during 1980. It was recommended that additional equipment be acquired including plows for two pickups. Wachter moved, Egan seconded the motion to direct the staff to acquire quotes for two additional plows for pickups with the understanding that funding will come from the street department budget of the general fund. All voted yes. SNOWPLOWING IN NEW SUBDIVISIONS There was also discussion concerning the need the snowplow streets in new sub- divisions where no residents live or where no new construction has commenced or been completed. Councilmembers indicated that very low priority would be given to such subdivisions and that the snowplowing only be done when all other City streets have been completed. Council Minutes ®('280 November 5, 1980 Page Nine SIDEWALK AND TRAIL PLOWING The Council directed the Engineering Department not to snowplow trails and only those sidewalks that are in use on a regular basis be plowed. VOUCHERS Blomquist moved, Parranto seconded the motion to approve the following vouchers: 1219-1222; 11215-11301; 16850-16924. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:45 p.m. All voted yes. PHH City Clerk