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02/17/1981 - City Council Regular 00034 MIYUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 17, 1981 A regular meeting of the Eagan City Council was held on Tuesday, February 17, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Parranto, Egan, Smith and Wachter. Also present were City Administrator Hedges, City Engineer Rosene, City Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion, to approve the agenda as distri- buted. All voted aye. MIIUTES OF FEBRUARY 3, 1981 MEETING Wachter moved, Egan seconded a motion to approve the minutes as prepared and distributed to Councilmembers with the exception that the spelling of Councilmember Egan's name was corrected. All members voted in favor. KELLY SERVICES Lorraine Michael of Kelly Services was present and requested a proclama- tion for Kelly Week in the City of Eagan. The Mayor signed the proclamation naming Kelly Week in the City. D 81-6 PARK COMiITT Ken Vraa, the Park and Recreation Director, was present. 1. Mr. Vraa recommended to the Council that the recommendation of the Advisory Parks and Recreation Committee that an application be submitted to the State of Minnesota for funding development of the recently purchased Rahn Park expansion be approved. Wachter moved, Egan seconded a motion, to approve the recommendation. All voted yes. 2. Seven gang reel mower purchase. Mr. Vraa stated that the low quota- tion for a seven gang reel mower was from Minnesota Toro in the sum of $19,069 and recommended purchase of the mower. Smith moved, Parranto seconded a motion to authorize the purchase according to the recommendation. All voted in favor. 3. Park vehicle. Several quotations were received for a park vehicle including one each from Ford, Chrysler and Chevrolet, and the low bidder appeared to be for a Chrysler LeBaron from Bloomington Chrysler Plymouth. Mr. Vraa recommended the acceptance of the low quote and there was discussion, however, concerning the possibility of including air conditioning as an op- tion. Due to the fact that the major auto manufacturers are now offering 1 Council Minutes 000 5 February 17, 1981 aproximately 10% discounts on 1981 automobiles, further negotiation will take place and Mr. Vraa will report back to the Council. JOINT PARK COMMITTEE AND COUNCIL !MEETING A joint meeting of the Advisory Park and Recreation Committee and the City Council was scheduled for March 19, 1981, at 7:00 p.m. at the City Hall. COMPREHENSIVE WATER AND SANITARY SEWER REPORT UPDATE The last Comprehensive Water and Sanitary Sewer Report was received and updated in 1976 and it was recommended by the Public Works Department that the Council authorize an updating of the report. Quotations have been received from two engineering firms and the low quotation was from Bonestroo, Rosene, Anderlik & Associates. It was recommended that the firm be hired to prepare an updated report at an amount not to exceed $22,000 for both reports. Smith moved, Egan seconded a motion, to engage Bonestroo, Rosene & Anderlik accord- ing to the recommendation. All voted yes. CONSENT AGENDA ITEMS 1. 1981 Engineering Rate Schedule. It was recommended that the hourly rate schedule from Bonestroo, 'Rosene, Anderlik & Associates, filed as Document # D 81-7 , be approved for the year 1981. D 81-7 2. Contract #216B, Mallard Park 1st, 2nd, and 3rd Addition Streets. The City Engineers recommended that the Council accept Improvement Contract #216B consisting of streets in Mallard Park 1st, 2nd, and 3rd Additions and make final payment to Minnesota Valley Surfacing, Inc., in the amount of $4,971.21. 3. Improvement #79-6, Thomas Lake Trunk Storm Sewer Outlet. The City Public Works Director recommended approval of the Thomas Lake Trunk Storm Sewer Outlet project and authorized final payment to Nodland Associates, Inc., in the amount of $6,449.91 covering Improvement #79-6. 4. Improvement Project #324, Safari At Eagan Streets and Utilities. The City Council has received a petition from the developer of the Safari At Eagan project requesting a feasibility report for the installation of streets and utilities. The feasibility report has now been prepared and it was recom- mended that it be accepted and that a public hearing be scheduled for March 17, 1981 at 7:00 p.m. at the City Hall. 5. Improvement Project #329, Cedar Cliff 2nd Addition Utilities and Streets. It was recommended by the Public Works Director that the feasibility report for Improvement Project #329 consisting of utility and street improve- ments of Cedar Cliff 2nd Addition be accepted and that a public hearing be scheduled for March 17, 1981, at 7:00 p.m. at the City Hall. 6. Ridgecliffe Addition Grading Bond Reduction. Orrin Thompson Homes has requested a reduction in the grading bond for Ridgecliffe Addition from $50,000 to $25,000 and the Public Works Director recommended approval. Smith moved, Egan seconded a motion to accept the foregoing recommenda- tions and order their implementation. All voted yes. 2 Council Minutes February 17, 1981 0603G IMPROVEMENT #80-14 RAHN ADDITION UTILITIES It was recommended that the Rahn Addition utility project be accepted and that final payment be made to C. W. Erickson in the amount of $3,471.11 for Improvement #80-14 and accept the utilities for perpetual maintenance. Smith moved, Egan seconded a motion, to approve the recommendation. All voted yes except Parranto who abstained. IMPROVEMENT CONTRACT #79-21 LAKESIDE ESTATES, OVERVIEW ESTATES AND SADDLEHORN ADDITION STREET IMPROVEMENTS It was recommended that Change Order No. 4 to Improvement #79-21 in the sum of $2,461 covering Saddlehorn Addition, Overview Estates and Lakeside Estates street improvements be approved. Parranto moved, Smith seconded a motion to approve the recommendation. All voted in favor. PARK PROPERTY REZONING Mayor Blomquist convened the public hearing regarding the rezoning of 29 separate parcels in the City consisting primarily of locations for parks and trails to Public Facility zoning. Mr. Hedges explained that a,s part of the zoning map update it was desirable to rezone the parcels owned by the City and also Dakota County to Public Facility to be properly designated on the zoning map. The public hearing had been noticed and there were no objections to the rezonings. Egan moved, Wachter seconded a motion, to approve the rezoning of all of the parcels to Public Facilities, a copy of which is filed as Document # D 81-8 All voted yes. R 81-9 D 81-8 BARREL RECONDITIONING, INC. VARIANCE AND CONDITIONAL USE PERMIT The application of Barrel Reconditioning, Inc., for variance from front setback requirement and asphalt surfacing for a parking lot and a conditional use permit to allow outside storage was next considered. The owner had requested the matter be continued until the next meeting. Wachter moved, Egan seconded a motion to continue the application until the March 3, 1981, Council meeting. PILOT KNOB CENTER PRELIMINARY PLAT AND CONCEPT APPROVAL The application of Pilot Knob Associates for preliminary plat approval of Pilot Knob Center and concept approval consisting of 50 acres with nine lots and one outlot was next considered. The Planning Commission recommended approval subject to certain conditions. Mr. Ron Krank, architect, was present and indicated Kraus Anderson was the developer of the project. In November and December, 1980, the matter had been brought before the Planning Commission and Council and the Cc;incil denied the application because it objected to rezoning of Outlot B from Residential Multiple to Community Shopping Center District. The developer at the present time is not requesting rezoning of that parcel. There was discussion relating to the earlier concerns of the City and a letter from Howard Dahlgren Associates, representing Hillcrest Development to the north, was also reviewed. Councilmember Parranto was concerned about the street running to the north along the west side consisting of a 50 foot street 3 Council Minutt_ C-71n 4 February 17, 196 - :r rw1 and recommended that a public easement be dedicated to the north line of the subject property. Hillcrest Development requested that Denmark Avenue improvements be required at the time of the development of Pilot Knob Center. There was discussion concerning alternate access on the west side of the center and strong concerns regarding the extreme curvature of Duckwood Drive. Concerns regarding terrain and keeping traffic speed down were reasons for the abruptness of the curve. Councilmember Wachter was concerned as to the need for energy conservation design work in shopping centers. Safety reasons and the possibility of lane shifting were reasons given by Councilmembers to reduce the curvature. Smith moved, Wachter seconded the motion, to approve the application for site plan approval and preliminary plat approval subject to the following: 1. That the degree of curvature on Duckwood Drive be reduced about 50 to 60 feet to the south at the very north end of the curvature. 2. That the 50-foot right-of-way be extended to the north line along the west side of the shopping mall building and that it be improved at the time that the City requests the completion of the right-of-way which shall be paid for by the owners of the shopping center or property immediately to the west. 3. The parking area shall be surfaced, and concrete curbing shall be provided in areas where parking will not be expanded. 4. The plat shall be subject to Dakota County Plat Commission and Minnesota Department of Transportation's review and comment because the plat abuts County and State rights-of-way. 5. A detailed landscape plan shall be submitted showing size, quantity and species of vegetation being planted. The plan shall also include areas which will be sodded and seeded. This plan shall be approved by the City staff prior to final plat approval. 6. A detailed lighting plan shall be approved by the City staff. 7. An adequate landscape bond shall be retained and not released until one year after the landscaping has been completed. 8. A pedestrian circulation plan shall be approved by City staff prior to final plat approval. 9. All other commercial buildings in the center shall carry the same architectural theme as the first phase of the commercial complex. 10. The City Council shall approve each phase of development prior to issuance of a building permit. 11. All ordinance requirements shall be met for all lots in the shopping center area with the exception of the setback requirements on the platted street to service Lots 1-4, Block 2. 12. The applicant shall install a pedestrian walkway to the center to the north if and when the center develops. This pedestrian walkway shall be approved by the City staff. 4 Council Minutes February 17, 1981 0(1038 13. The applicant shall dedicate on the final plat a 40-foot half right- of-way for Denmark Avenue. 14. When and if the area to the north develops, the applicant agrees to share the cost of construction of Denmark Avenue north of Duckwood Drive through the assessment of said costs. 15. An 80-foot right-of-way shall be dedicated for the,proposed align- ment of Duckwood Drive. 16. A sidewalk shall be constructed along the north side of Duckwood Drive as a responsibility of this development. 17. A sidewalk shall be constructed from Duckwood Drive to the shopping center complex as a part of the responsibility of the development of the shopping center. 18. An on-site ponding/sedimentation pond shall be constructed to a ponding capacity as determined by the Public Works Department. 19. A 75-foot half right-of-way shall be dedicated adjacent to Pilot Knob Road. 20. Temporary intersection improvements providing for the proper turn lanes shall be constructed at the intersection of Pilot Knob Road with Duckwood Drive as a responsibility of this development. All members voted in favor. D 81-9 It was understood that when Denmark Avenue is improved that the adjacent property owners benefited by the improvement will be assessed for the improve- ments. There was also discussion concerning a requested variance along the west side of the shopping mall to accomodate the 50-foot right-of-way. Parranto then moved, Egan seconded a motion, to grant a 10-foot variance to provide for 20-foot setback for the proposed westerly expansion of the shop- ping mall along the west side of the shopping mall. All voted yes. PILOT KNOB CENTER INDUSTRIAL REVENUE FINANCING A request from the developer of the Pilot Knob Shopping Center for $5.5 million in tax exempt industrial revenue financing for the center was submit- ted through Miller and Schroeder Municipals. Egan moved, Wachter seconded the motion to schedule a public hearing on the application for March 17, 1981, at 7:00 p.m. at City Hall. All voted yea. SEE BOND FILE Mayor Blomquist was excused at this time. TARA COURT PRELIMINARY PLAT AND REZONING The Advisory Planning Commission had considered the application of Arthur Shields for rezoning from Agricultural to R-1 Residential Single and for preliminary plat approval of Tara Court Addition consisting of 4.15 acres on the south side of Lone Oak Road. The Planning Commission recommended approval subject to conditions. Ralph Wagner, engineer, and Art Shields were present 5 Council Minutes February 17, 1981 0009 at the Council meeting and presented the proposal. Only three lots are pro- posed at the present time but with potential for replat into a total of six lots. The Park Committee recommended accepting cash donation according to City policy. It was understood that no further subdivision or building per- mits will be granted other than the three lots until sanitary sewer and water are available to all lots in the subdivision. Wachter moved, Egan seconded the motion to approve the rezoning from Agricultural to R-1, Residential Single District. All voted yes. Egan then moved, Parranto seconded a motion to approve the preliminary plat of Tara Court subject to the following: 1. That sanitary sewer and water be available to all lots in the sub- division prior to the subdivision beyond three lots or grant of more than a total of three building permits. 2. The plat shall be subject to the Dakota County Plat Commission's review and comment because the plat abuts the County Road. 3. A park dedication fee in the amount in effect at the time of final plat approval shall be required on the newly created home. 4. All easements required per City staff's recommendations shall be provided. 5. All houses shall be connected to sanitary sewer and water. 6. The plat shall incorporate the easterly line of the proposed cul-de- sac as the westerly line of Lot 3. 7. A 55-foot half right-of-way shall be dedicated adjacent to County Road 26 (Lone Oak Road). 8. All outstanding levied or pending trunk area assessments for sani- tary sewer, water and storm sewer shall be paid prior to final plat approval. 9. A drainage easement shall be provided to incorporate the 878.0 con- tour for LeMay Lake. All voted in favor. R 81-10 D 81-10 DINEEN ADDITION PRELIMINARY PLAT AND REZONING The application of Michael Dineen for rezoning of approximately 6.2 acres from Agricultural to R-1, Residential Single District, and for preliminary plat approval of the Dineen Addition containing seven single family lots was next considered. Ray Brandt, engineer, was present and explained the pro- posal. The Councilmembers indicated that a sanitary sewer easement was re- quired along the north side of the property and also there would be vacation of a portion of Dodd Road. There were concerns about the possible need for setback variance for Lot 6 and it was recommended that the cul-de-sac be moved easterly to increase the buildability of several lots. The Park Committee recommended a cash donation according to City policy. Parranto moved, Wachter seconded the motion to approve the rezoning from A, Agricultural to R-1, Residential Single. All voted yes. Parranto moved, Wachter seconded a motion to approve the preliminary plat 6 Council Minute. February 17, 1931 of Dineen Addition subject to the following: 1. Expanding the cul-de-sac to the east subject to staff approval. 2. Cash dedication per lot for parks shall be required for the seven lots. 3. All other city ordinances shall be met. 4. All required easements required by the Eagan City'staff shall be dedicated to the City. 5. A drainage easement shall be dedicated to incorporate the 911.0 elevation for Hay Lake. 6. A utility easement shall be dedicated to incorporate the required extension of the trunk sanitary sewer along the south side of Hay Lake. 7. The configuration of the proposed plat must be revised to insure that there are proper 3:1 slopes and that no encroachment of fill material is required within the 910.0 elevation. All voted in favor. R 81-11 D 81-11 GALAXY PARK ADDITION PRELIMINARY PLAT AND REZONING The application of Thomas W. Heiberg for rezoning from Agricultural to PD, Planned Development District, and preliminary plat approval of the Galaxy Park Addition was next discussed by the Council. Mr. Heiberg was not present but Stellious Astelinidos, planner, was present for Mr. Heiberg to explain the project. The APC recommended approval subject to certain conditions. Mr. Astelinidos stated that the attempt would be made to maximize solar exposure and further that there would be some trading of property with Orrin Thompson from Ridgecliffe to the east to complete the Outlot in Ridgecliffe Addition. There were concerns about whether the property should be zoned PD or for specific uses. He stated the multiple units are intended to be sold and a homeowner's association will control the common property. Councilmembers suggested that additional review be made as to the subdivision and sale of multiple units and the description that would be used if the units are not sold as condominiums. Parranto moved, Egan seconded the motion to continue the application until the March 3, 1981, regular meeting to permit the staff to review the sixplex and eightplex category regarding zoning and subdividing. All voted yes. J. I. CASE VARIANCE The application of J. I. Case Company for a variance to exceed 35% lot coverage requirement in Industrially zoned district was next considered. There was no appearance and Parranto moved, Wachter seconded the motion, all voted in favor, to continue the matter until the March 3, 1981 meeting. DEVELOPER'S CONSTRUCTION, INC. TSl1PORARY ADVERTISING SIGN A representative of Developer's Construction, Inc. appeared regarding its application for temporary advertising sign to advertise home sites in Safari 7 February 17, 1981 Council Minutes Estates at the southwest quadrant of Cliff Road and Galaxie Road. The staff recommended approval subject to the requirement that the permit not exceed two years. Smith moved, Egan seconded the motion to approve the application subject to ordinance requirements including the two year limit. All voted yes. SAFARI MALL IN FINANCING A letter from Rothschild Financial Corporation requesting an indefinite postponement of the public hearing scheduled for February 17, 1981, concerning industrial development revenue bond proposal for Eagan Associates, the devel- oper of Safari Shopping Mall, was next discussed. Parranto moved, Egan seconded the motion to continue the hearing indefinitely at the request of the developer. All voted yes, noting that a new notice of hearing will be re- quired at the time of request for rehearing. SEE BOND FILE COMPREHENSIVE GUIDE PLAN A memorandum- from John Voss of February 12, 1981, discussing certain changes in the proposed Comprehensive Plan was reviewed and it was noted the hearing would be scheduled for March 13, 1981, on the revisions. It is proposed that the plan would be submitted to the Met Council following that hearing. CHEMICAL SPRAYER PURCHASE The low bid of Menning Manufacturing of Eagan for a mobile sprayer unit and related equipment was recommended for approval for purchase by the Park Department. Egan moved, Parranto seconded the motion to approve the purchase from the low bidder, Menning Manufacturing, in the sum of $2,750 subject, however, to further review by Councilmember Wachter and Ken Vraa concerning the purchase. All voted in favor. ASSESSMENT APPEAL APPRAISER Paul Hauge, the City Attorney, recommended that the City Council approve the hiring of an appraiser by the City to review and appraise approximately ten to twelve parcels of property where assessments were appealed in 1980. Parranto moved, Wachter seconded the motion to approve the hiring of Robert Hutchinson of South St. Paul as the City's appraiser on those projects. All voted in favor. GALAXIE AVENUE EASEMENTS Paul Hauge then reviewed the progress on the acquisition of easements in the Galaxie Avenue area adjacent to I-35E near Ridgecliffe Addition. He indicated that of the six easements, three have been acquired and three are yet to be acquired. One of the easements from the Schindeldecker family was discussed, including the request for $1,500 plus guarantee on two trees that could be lost due to construction. The staff recommended approval of the request of Mr. and Mrs. Schindeldecker. Wachter moved, Parranto seconded a motion, all voted yes, to approve the request of the Schindeldeckers and authorize the payment in return for the easement. 8 Ccuncii Minutes 0 iQA2 February 17, 1981 'J BLACKHAWE LAKE STORM SEWER OUTLET EASEMENT The City Attorney indicated that the easements from Mr. and Mrs. Ross Kramer and Mr. and Mrs. Jon Pomroy have not been acquired at the present time and negotiations have continued since the last Council meeting. Because of the need to proceed with the plans and the bidding for the project, it was recommended that Council authorize notice for quick take under the Minnesota Eminent Domain procedures to Mr. and Mrs. Cy Barry, Mr. and Mrs. Ross Kramer, and Mr. and Mrs. Pomroy be implemented as soon as possible: Smith moved, Wachter seconded the motion, to approve the recommendation of the staff with the understanding that the Public Works Director will determine the most appropriate location for the storm sewer outlet from Blackha K Lake. All voted in favor. REZONING OF CITY PROPERTY City Administrator Hedges indicated that a number of other parcels of property owned by the City are recommended for rezoning to Public Facilities and that a hearing be scheduled for March 17, 1981, at 7:00 p.m. at City Hall to consider the rezoning. Parranto moved, Egan seconded a motion to schedule the hearing as recommended. All voted in favor. SUBDIVISION BOND REQUIREMENTS The Public Works Director has reviewed certain requirements for bonding under the Development Agreement and is making certain recommendations for revision including dropping the 20% guarantee for assessments. After discus- sion, the Council requested the staff to prepare a comprehensive report and submit it to the Council for review and approval. VOUCHERS Egan moved, Wachter seconded the motion, all voted in favor to approve the following vouchers: 07605-7609; 17590-17615; 034101-034909; 048101- 048935. All voted in favor ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:15 p.m. PHH \~eb~ l k,+ OTC 9