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04/21/1981 - City Council Regular 06083 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 21, 1981 A regular meeting of the Eagan City Council was held on Tuesday, April 21, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Parranto, Smith, Wachter and Egan. Also present were Assistant City Engineer Gordon, City Attorney Hauge, City Administrator Hedges, and City Public Works Director Colbert. AGENDA Parranto moved, Wachter seconded the motion to approve the agenda as presented. MINUTES The minutes of the April 7, 1981 regular meeting were approved upon motion by Egan, seconded Smith, all voting in favor, with the exception that on page 7 that Richard Victor outlined some of the remaining issues regarding Metcalf Drive extension in the Cinnamon Ridge Addition. PARK DEPARTMENT Ken Vraa was present. Mr. Vraa recommended that playground equipment that had been offered by the Meadowlark Ridge apartment complex on Meadowlark Lane to the City be installed in Oak Chase Park and requested that up to $900 be authorized from park site funds for installation costs. Councilmembers questioned whether the Meadowlark Ridge apartment playground equipment was part of the original plan for the tot lot and there were concerns that condo- minium and townhouse homeowner associations not give up responsibility for maintaining tot lots. Wachter moved, Egan seconded a motion to accept the equipment and the recommendation of the Park Director that funds be spent for the installation of the equipment in Oak Chase Park. All voted yes. WENDELL WIDSTROMN TRUCK STORAGE A request from Mr. and Mrs. Wendell Widstrom for an extension of time from June 1, 1981, until June 1, 1982 to allow the keeping of trucks on their property on 3560 Trails End Road. Mr. and Mrs. Widstrom were present and cited economic conditions as the reason for the extension period. They indi- cated there were no loaded fuel tankers parked on the property any longer. After discussion, Wachter moved, Egan seconded a motion to grant a one year extension with the understanding that there would be no loaded fuel trucks parked on the property. Those in favor were Wachter and Egan. Those against were Smith, Parranto and Blomquist. Smith then moved to continue the item until the May 5 agenda in order to allow the staff to notify the surrounding residential owners concerning the proposed extension request. Parranto sec- onded the motion, all voted in favor. 1 OC G64 Council Minutes April 21, 1981 CONSENT AGENDA The following consent agenda items were submitted and recommended for approval by the staff. 1. Improvement #79-3, Change Order No. 2. Change Order No. 2 to Improve- ment Project #79-3 consisting of Ches Mar East 1st Addition utilities in four parts in the amount of $14,177.50 was recommended for approval. 2. Improvement #79-20, Duckwood Drive. The final payment request for Duckwood Drive and Denmark Avenue street improvements under Improvement #79-20 to McNamara Vivant, Inc., in the amount of $18,652.41 was recommended for ap- proval and that the City accept the streets for perpetual maintenance. 3. Improvement #80-17, Quarry Lane and 1st Minnehaha Addition Streets. The final payment request and approval of the streets consisting of Quarry Lane and First Minnehaha Addition streets under Improvement #80-17 payable to McNamara Vivant Inc. in the amount of $5,464.67 was recommended by the staff for approval by the Counci. 4. Road Grader. Approved in the 1980 budget was replacement of the existing 1965 Wabco 440H road grader and specifications had been prepared and readied for advertisement for a new road grader. It was recommended that the specs be approved and that the Clerk be authorized to advertise for bids to be opened at 3:00 P.M. on May 14, 1981 at the City Hall. 5. Erik's Boulevard and Richard Lane Street Vacation. A petition has been received from Mr. Richard Strom to vacate that portion of Richard Lane from Delores Lane to Cliff Road and Erik's Boulevard from Cliff Road to 700 feet south. It was recommended that the petition be received and that the City Council schedule a public hearing for the street vacation for Richard Lane and Erik's Boulevard to be held on May 19, 1981 at 7:00 p.m. at the City Hall. 6. Improvement Project #335, Twin View Manor 2nd Addition. A petition was received from Mr. Richard Strom requesting a feasibility report for streets and utilities in proposed Twin View Manor 2nd Addition. It was recom- mended that the petition be received and that the Council order a feasibility report for Project #335 be prepared by the City Engineer. 7. Eugenie Johnson Resignation. It was recommended that the resignation of Eugenie Johnson as receptionist/clerk effective June 26, 1981 be accepted and that the City Clerk be authorized to seek a replacement. 8. Police auction. The Police Department recommended that the date set for the police auction for 1981 be scheduled on May 30 at 10:00 a.m. at the Eagan Police Department covering the sale of miscellaneous bicyles and other personal property. Egan, moved, Wachter seconded the motion to approve the foregoing recom- mendations on the consent agenda. All voted yes. 2 00085 Council Minutes April 21, 1981 IMPROVEMENT PROJECT #334 PILOT KNOB ROAD UTILITY SERVICES BEARING The Mayor convened the public hearing regarding utility service instal- lation on Pilot Knob Road under Improvement Project #334 to be installed in conjunction with the street improvements for Pilot Knob Road during the 1981 construction season. Keith Gordon, City Engineer, reviewed the project and a number of affected property owners were present. There were no objections to the project. It was noted that the intent was to install the services prior to paving Pilot Knob Road so it will not be necessary to auger or disturb the paving in the future. It was recommended by the City staff that the County contractor not be employed because of high cost estimates and that the City proceed to acquire bids if the project is ordered in. Smith moved, Wachter seconded the motion to close the hearing, to order in the project, and to authorize the City Engineer to prepare plans and specifications. John Odink was present and questioned whether the right-of-way that was required of him on Pilot Knob Road was now necessary or could be returned to him. All voted in favor of the motion. Smith then moved, Egan seconded the motion to direct the staff together with Dakota County to determine whether the additional right-of-way acquired from Mr. Odink is a necessary part of the road improvements and also to review all of the right-of-way along the north mile of Pilot Knob Road. All voted yes. METROPOLITAN AIRPORT SOUND ABATEMENT COUNCIL A letter from Thomas Baker, the Eagan representative on MASAC concerning noise impact under the preferential runway system was next discussed. The report of Mr. Baker was very comprehensive and outlined the problems regarding the preferential runway system and its impact on the residents of Eagan. The Mayor requested the City Administrator to send a letter of concern to MASAC possibly in conjunction with similar concerns from the City of Mendota Heights and further that the Administrator be directed to make a presentation before MASAC expressing the strong concerns of the Council regarding the heavy noise impact. SAFARI MALL SHOPPING CENTER INDUSTRIAL REVENUE NOTE Mr. Stan Johanes of Rothschild Financial Corporation and Mr. Ray O'Neil, developer, appeared regarding the request of the developers of Safari Mall Shopping Center for $3,801,000 in industrial revenue financing. The project would include an 83,000 square foot shopping center to include a Red Owl store, a Snyder's Drug and Coast to Coast store together with other stores. City Administrator Hedges indicated that there had been no response from Miller and Schroeder concerning their review of the proposal and very little information had been presented to the Council by the applicant regarding the proposed financing. Mr. Johanes indicated the proposal is for intermediate financing anticipating long term financing within the next two years. There were questions concerning the mechanics in the transition to permanent fin- ancing after intermediate financing has come to an end and whether, if perma- nent financing is not available after the interim financing period, what the 3 00086 Council Minutes April 21, 1981 shopping center owners alternate would be. There were several area residents present who objected to the IR Financing and to the shopping center location. Councilmember Egan questioned whether the center would create an adverse impact on the community which is one of the criteria for the issuance of industrial revenue financing bonds, and also, the credit worthiness of the applicant. Because of several unanswered questions, Smith moved, Wachter seconded the motion to continue consideration of the application to May 5, 1981 and request a complete report from Miller and Schroeder together with a review of interim financing for Council review. All voted yes. OVERVIEW ESTATES REPLAT REZONING Barton and Mark Dunn appeared on behalf of their application to rezone approximately 14 lots in Blocks 1 and 2, Overview Estates Replat from R-1 to R-2. The Planning Commission recommended denial. A neighborhood meeting had been held on April 15 at which time the proposal had been discussed in detail at the City Hall. Barton Dunn explained the background and indicated the hardship that had been caused because of high assessment costs and the dif- ficulty of selling the lots with the existing assessments. A number of neighboring residents appeared and objected to rezoning claiming that there is an adequate amount of high density in the area, they had been lead to believe that single family only would be developed within the plat and they claimed that the view would be a detraction to the single family homes in the area. It was also noted that R-2 generally has only been used as a buffer when adjacent to R-1 and that some homes have already been built in the single family zoned area. There were also concerns about the possibility of lower quality homes possibly being built on the lots as expressed by certain neighboring residents. Councilmember Parranto stated he would not oppose resubdivision with about two additional single family lots. Parranto moved, Egan seconded the motion to deny the application on the basis that the original plans provided for single family, that area residents had relied upon the single family development, there is no other comparable example in the ,City where the Council has allowed a revision from R-1 to R-2 within an R-1 area and further the decision of the Council cannot be based upon economic feasibility solely. All voted in favor. TOMARK ADDITION PRELIMINARY PLAT The next application considered by the City Council concerned the appli- cation of Tomark Development Company for preliminary plat approval of Tomark Addition consisting of 37 acres with 432 dwelling units at the southeast corner of Yankee Doodle Road and Lexington Avenue. James Hill, planner, appeared for the applicant. The APC recommended approval subject to certain conditions. Mr. Hill stated a homeowners association will be formed to main- tain the common areas and efforts will be made to preserve as many trees as possible on the parcel. There were no objections by the developer to the conditions recommended by the Planning Commission. After discussion, Egan moved, Wachter seconded the motion to approve the application subject to the following conditions: 4 OCC67 Council Minutes April 21, 1981 1. That the plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts county roadways. 2. The homeowner's association by-laws shall be reviewed by the City prior to final plat approval. 3. A detailed landscape plan shall be provided for Lot 1, Block 1, and Lot 1, Block 2, Tomark Addition, and an adequate landscape bond shall be provided and not released until one year after the landscaping has been com- pleted. 4. 180 parking spaces shall be provided for each condominium building and at least 72 of the spaces shall be underground parking. The parking area shall have an asphalt surface and concrete curbing shall be provided around the perimeter of the parking area. Each parking stall shall contain 10' wide parking spaces. 5. The plat shall be subject to the Park Committee's recommendation for park dedication on this proposed development and APC recommended that the Park review and recommend tot lots. 6. All easements shall be obtained by the City which are required for the development. 7. Sufficient additional right-of-way shall be dedicated to provide for a 55' half right-of-way adjacent to Lexington Avenue (County Road #28) and Yankee Doodle Road (County Road #28). 8. That drainage and ponding easements shall be dedicated in the north- west corner of the plat (DP-10) to incorporate the 860.0 elevation. In addi- tion, the drainage and ponding easement shall be dedicated in the southeast corner of the plat (DP-9) to incorporate the 864.0 elevation. 9. That Outlot A shall be dedicated as public right-of-way with the platting of Blocks 1 and 2. 10. That the internal street shall be constructed to the south line of Block 1 as a part of the first phase development. 11. That necessary permits shall be obtained from the County pertaining to any grading within County right-of-way. 12. That the revised grading plan shall be submitted and approved per- taining to the proposed slopes along the east property line of this plat together with the required landscaping plan. 13. That all outstanding area and lateral benefit special assessments shall be paid or assessed prior to approval of the final plat if not covered under an existing City project as a pending assessment. 14. If necessary to preserve existing trees, that variances be granted to move the building on Lot 1, Block 1, to the east. 5 0 C C 8 8 Council Minutes April 21, 1981 All voted yes. Smith moved, Parranto seconded the motion to accept the request of the developer for the preparation of the feasibility report for street and utility improvements in the First Addition subject to submission of an application by the developer. All vote yes. R 81-22 CARL TOLLEFSON WAIVER OF PLAT Carl Tollefson appeared on behalf of his application for waiver of plat in order to subdivide six duplex lots for single ownership located in various lots and blocks in Ches Mar and Cedar Grove Additions. The Planning Commis- sion recommended approval on March 24, 1981, subject to certain conditions. Mr. Tollefson indicated that Dave Gabbert and he are going to form a joint homeowner's association for existing double bungalows in the Ches Mar area. Egan moved, Parranto seconded the motion to approve the application subject to the formation of a homeowner's association with the by-laws and articles to be reviewed by the City staff and further subject to the following conditions: 1. All property shall retain the existing drainage and utility ease- ments. 2. Each of the newly created lots must meet all applicable ordinance requirements. 3. That the homeowner's association by-laws shall be subject to staff review and approval. All voted yes. R 81-23 BRIARHILL TOWNHOUSE TEMPORARY ADVERTISING SIGN The application of Carl Tollefson for temporary advertising sign to advertise Briarhill Townhouses located on Silver Bell Road was next con- sidered. The sign would be at the southwest quadrant of the new Trunk Highway #13 and Silver Bell Road. Smith moved, Parranto seconded the motion, all voted in favor, to approve the application subject to compliance with the applicable ordinance. WILLIAM MEADE WAIVER OF PLAT The application of William Meade for waiver of plat to subdivide a five acre parcel was next considered. Because of lack of appearance by the appli- cant, Parranto moved, Wachter seconded the motion to continue the application until the next regular meeting. All voted yes. SALLY BEAUCHENIN REZONING The application of Sally Beauchemin for rezoning from R-1 to Agricul- tural of a parcel in the Wilderness Retreat area on Cliff Road was next considered. Ms. Beauehemin was present and indicated she preferred to rezone to Agricultural rather than to acquire a special use permit as recommended by 6 00089 Council Minutes April 21, 1981 the Advisory Planning Commission. She indicated she had contacted all neigh- boring property owners and there were no objections to the use of horses on her property and to the rezoning. She had concerns about whether a special use permit could be revoked in the future. There was also discussion concern- ing the possibility of future special assessments in the area because trunk lines are already located quite close. Mr. Beauchemin stated that she under- stood that assessments will be levied in the area in the near future. Egan moved, Parranto seconded the motion to grant a special use permit to the applicant with the understanding that the Council retains the right to review the permit if there are alleged violations without any specific time limit on the special use permit and that upon determination that a nuisance does exist the Council could automatically revoke the permit; further, that there be no more than three horses and one goat allowed on the property at any given time; further, that if there are any anoyances of smell from the deposit of the animals the applicant shall remove the refuse from the property. All voted in favor. COCA COLA VARIANCE FOR HEIGHT AND PARKING The application of Coca Cola Midwest for variance from height limitation and for variance from parking requirements at its site in Eagandale Industrial Park was next presented. Wachter moved, Parranto seconded the motion to continue the application for lack of appearance. All voted yes. MAUREEN SINGLETON NON-INTOXICATING LIQUOR LICENSE An application from Maureen Singleton for temporary 3.2 beer license for May 2, 1981 garage sale at 2050 Bluestone was next considered. Because the application was for profit purposes, the City Attorney recommended against the issuance of the license and the applicant withdrew her application. No action was taken. JOYCE ADDITION PRELIMINARY PLAT The application for preliminary plat approval of Joyce Addition was next considered. The Reverend and Mrs. Meissner, the applicants, were present at the meeting. It was noted that the City Council had authorized the instal- lation of utilities but had not approved the preliminary plat. The APC recom- mended approval on July 8, 1980 subject to certain conditions. Wachter moved, Parranto seconded the motion to approve the preliminary plat subject to the following conditions: 1. The existing house on Lot 4 will become a nonconforming use and should be required to conform to the proposed zoning within five (5) years of approval of the preliminary plat. 2. Variance shall be granted for the length of the cul-de-sac street. 3. Lots 4 and 5 abut State Highway right-of-way and shall be subject to Minnesota Department of Transportation recommendations and comments. 7 coSQ Council Minutes April 21, 1981 4. Grading, drainage and erosion control plans shall be approved by City staff prior to the approval of the final plat. 5. All easements shall be dedicated as requested by the City staff. 6. Fifteen (15) foot street right-of-way shall be dedicated along the northerly portion of Lot 1. 7. That the final plat shall not be approved until storm sewer outlot for T.H. #55 has been installed and the outlet for the Bur Oak Pond has been ordered for improvements. 8. Lots 6 through 14 shall have garage floor elevations a minimum of 12 inches above street grade. 9. That there be provision for berming and screening as soon as possible betwee the General Business district and the residential lots according to a plan to be submitted by the developer and approved by the staff. D 81-23 All voted yes. GRESSER, INC. I.R. FINANCING An application of Michael Gresser for industrial revenue financing in the amount of $1,620,000 covering the purchase and remodeling of an existing building on a 3-1/2 acre site in the Royce Addition at the west termination of Yankee Doodle Road was next considered. Mr. Gresser was present and requested a public hearing on the industrial revenue note for May 19, 1981. Egan moved, Wachter seconded the motion to schedule a public hearing for 7:00 p.m. on May 19, 1981, at the regular meeting of the Eagan City Council. All voted yes. DONALD GRANT APPEARANCE Mr. Don Grant appeared and briefly addressed a parking ticket issue to the City Council regarding parking in the Highview Park. He appeared at the February 3, 1981 meeting and presented written information on that date. Concerns were about the conduct of police, signing of parks, etc. No action was taken. LBMB%E ADDITION EXTENSION OF TRUCK TERMINAL The request from Warner Lembke of Lembke Trucking Company for a one-year extension to proceed with the platting of their truck terminal located at 545 Wescott Road was reviewed by the Council. Egan moved, Wachter seconded the motion to continue the request until the next regular meeting due to lack of appearance by the applicant. All voted yes. SPECIAL ASSESS[1ENT CONKI TEE The Special Assessment Committee, at its meeting on March 31, 1981, and took the following action: 8 06 091 Council Minutes April 21, 1981 1. Eugene Haeg Project #241, Dodd Road. The Special Assessment Committee recommended no change be granted in the assessments. 2. Fred Pietsch Project #241, Dodd Road. The Assessment Committee recommended that, because of financial hardship, that the assessments be postponed for one year with reconsideration being given to future postpone- ments at that time based upon additional information on the hardship. 3. David Matasovsky, Project #299 and #304 Northview School Area. It was recommended by the Assessment Committee that the staff proposal be ap- proved with the understanding that it is not intended to be a precedent and that assessments be cancelled until such time as connection to the Eagan sanitary sewer and water lines take place which assessments would be levied at the rates then in effect. 4. Ernest Schindeldecker, Project #254R and #316 Safari Estates and Galaxie Avenue. The Committee recommended approval of the deferment of the existing and pending assessments under Ordinance No. 66 regarding sewer and water trunk area assessments for Safari Estates and pending assessments for lateral benefit from sewer and water under Project #316 covering Galaxie Avenue. 5. L. J. Parker Project #201, Cliff Road. It was recommended that no adjustment be made to the trunk sanitary sewer area assessment levied to the L. J. Parker property on Cliff Road. 6. Mary Kennealy, Project #285, Wuthering Heights utilities. The Assessment Committee recommended the assessments against the Mary Kennealy property for utility improvements to parcel 02078 be defered in accordance with hardship provisions under Ordinance No. 66. 7. Don Warkentien, Project #304, Schmidt Addition. The committee recommended that the north 150 feet and the west 160 feet be eliminated from trunk area consideration and lateral benefit for trunk assessment rates with the understanding that the southerly 215 feet of lateral benefits and trunk water main be assessed in addition to installed water service in the assess- able area used to calculate the trunk area water assessments would be defined as the easterly 500 feet of the southerly 215 feet of parcel 03176 covering approximately 2.7 acres for assessment purposes. 8. Trudi Johnson, Project #241, Dodd Road. No recommendation was made by the Assessment Committee with the request that the staff further explore the possibility of adjusting assessments based upon grant of storm sewer ponding easements. 9. David Gabbert, Project #261 and #301, Ches Mar East 1st, 2nd and 3rd Additions. It was recommended that Mr. Gabbert's request for a 15 year time period for assessments rather than five year time period for Ches Mar East 1st, 2nd and 3rd Additions be denied. 9 06092 Council Minutes April 21, 1981 INDUSTRIAL REVENUE BOND PLACEMENT City Administrator Hedges stated that a question had been raised by rapplicants, fiscal consultants and the City Council concerning the necessity of creating guidelines to handle self-amortizing for the term of industrial revenue bond placements. The recommendation was submitted by the City Admin- istrator and City Attorney dated March 25, 1981, as a result of meeting with representatives of Miller and Schroeder. There were concerns about short term financing with future uncertainty as to long term financing. Councilmembers suggested an independant financial analyst review each IR request with the cost to be paid by the applicant. It was suggested a guarantee of permanent financing by the applicant be submitted with a minimum baloon of 15 years unless extenuating circumstances become apparent to the Council. Egan moved, Wachter seconded the motion to continue consideration of the issue pending the formation of a more formal policy. All voted yes. 1981 FEE SCHEDULE REVIEW Wachter moved, Egan seconded the motion to continue the consideration of the 1981 water and sewer utility user rate fees until the next meeting. All rvoted yes. EAGAN WEED ORDINANCE NO. 75 Mr. Hedges reviewed some suggested revisions to a proposed weed ordinance that was submitted to the Council last fall. He indicated that a number of complaints are now starting to come into the City Hall regarding weeds and recommended approval of a weed ordinance. After considerable discussion, Smith moved, Egan seconded the motion to adopt Weed Ordinance No. 75 as amended. Those in favor were Wachter, Egan, Blomquist and Smith. Against Parranto. SENIOR CITIZEN HOUSING The Reverend James Borgschatz of Easter Lutheran Church had discussed with the City Administrator the possibility of the City Council considering housing needs for senior citizens in the community. The method of providing low cost housing for senior citizens as well as luxury apartments and condo- miniums for the same age groups and criteria for locations are other issues. The Council indicated interest in the issue and that it would review the question at a later time. IMPROVEMENT #81-2 - TWIN VIEW MANOR ET AL STREETS The plans and specifications for Improvement #81-2 were submitted by the City Engineer and upon motion by Wachter, seconded Egan, all voting yes, it was Resolved that the plans and specifications be approved and that the Clerk be authorized to advertise for bids to be opened at 11:00 a.m. on May 14, 1981 at the City Hall. 10 00 093 Council Minutes April 21, 1981 IMPROVEMENT #80-21 BLACIBAWI LA1~E OUTLET The bids for Improvement #80-21 consisting of the Blackhawk Lake storm sewer outlet were received on April 16, 1981 at 3:00 p.m. covering Improvement Project #297. A list of bids were reviewed and it was noted that the low bid was considerably below the engineer's estimate. It was recommended that the low bidder be awarded the contract. Upon motion by Parranto, seconded Smith, it was Resolved that Lametti & Sons be awarded the contract for Improvement #80-21 in the total sum of $613,000. All voted yea. POLICE DEPARTMENT Chief DesLauriers was present. Chief DesLauriers requested an additional of $24,850 in the Police Department 1981 operating budget for two additional patrol officers, the promotion of the present two sergeants to the position of lieutenant, and to test and promote two patrol persons to the position of sergeant. He indicated because of substantially increased work load and increased manhours that it would be advisable to revise the budget for the Police Department. The Councilmembers indicated that the need for increased manpower should be spelled out in detail and the problems now of tight budget requirements at the state and municipal level would dictate that the City was not in a position to increase the budget at the present time. It was recom- mended that the Police Chief submit the information and supporting documents at the time of the preparation of the 1982 budget. OLD HIGHWAY #13 SPEED LIMIT It was recommended by the staff that the speed limit on Old Highway #13 and Silver Bell Road running westerly of Cedar Avenue be reduced to 40 m.p.h. Wachter moved, Smith seconded the motion to authorize the staff to request a speed study and return the results to the City Council. HAROLD TROUT EVICTION ACTION City Attorney Hauge requested authority from the Council to commence an unlawful detainer action if necessary against Mr. and Mrs. Harold Trout who live in the Patrick Eagan Park house owned by the City and who have been seriously delinquent in rental payments. Smith moved, Parranto seconded the motion to authorize commencement and necessary eviction proceedings including unlawful detainer action if necessary. All voted yes. VOUCHERS Egan moved, Wachter seconded the motion to approve the following vouchers: 111001-111977. All voted in favor. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 11:30 P.M. PHH Cit Clerk 11