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05/05/1981 - City Council Regular 06094 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL RAGAN, MINNESOTA MAY 5, 1981 A regular meeting of the Eagan City Council was held on Tuesday, May 5,, 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 City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. AGENDA Upon motion by Smith, seconded Wachter, it was RESOLVED that the agenda be approved as distributed. All voted in favor. MUTES OF APRIL 21, 1981 REGULAR MEETING Egan moved, Wachter seconded the motion to approve the minutes of the April 21, 1981 regular meeting with the exception on page 5, number 13 relat- ing to Tomark Addition application that it should read as follows: 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; and on page 7, Coca Cola Variance for Height and Parking should be provided. All voted yes. BUDDY POPPY DAY PROCLAMATION Mayor Bea Blomquist read a proclamation declaring May 15 and May 16 as Poppy Days in the City of Eagan. D 81-24 PARK AND RECREATION COMMITTEE Ken Vraa, Park Director was present. Mr. Vraa reviewed the proposed Ridgecliffe neighborhood park master plan prepared by Brauer and Associates, dated April 30, 1981, included in the Council packet. Brauer and Associates proposed three concepts indicating differing locations for skating, soccer, football, softball, picnic, passive areas and parking lot area. A neighbor- hood meeting had been held on April 29 and the options were then discussed with the interested neighboring residents. Councilmembers suggested a sani- tary sewer line be installed for future a potential park building. Council- member Smith recommended that joint parking be provided in the south area with Dakota County Park. Parranto moved to authorize installation of the sanitary sewer line into the park site. Wachter seconded the motion, all voted in favor. Further consideration of the plan will be discussed by the Council after the Park and Recreation Committee review it at its next meeting. CONSENT AGENDA The following consent agenda items were recommended for approval by the staff and reviewed by the Council: 1 0G095 Council Minutes May 5, 1981 1. Improvement #80-7, Change Order No. 1. Change Order No. 1 to Improve- ment #80-1, providing for installation of utilities in Windtree, Windcrest and Duckwood Trail Additions was recommended for approval for a deduct of $23,632 and an extension of the completion date to May 15, 1981. 2. Improvement #80-10, Final Payment/Acceptance. The City Engineer recommended that the third and final payment for Improvement #80-10 with Encon Utilities, Inc., in the amount of $14,959 be approved and the project be accepted for perpetual maintenance covering the Silver Bell/Wuthering Heights utility improvements. 3. Improvement #302, I-494 Trunk Storm Sewer Outlet. The feasibility report covering Improvement #302 relating to the I-494 trunk storm sewer outlet was presented by the Consulting Engineer. It was recommended that the feasibility report be accepted and that a public hearing be scheduled for June 2, 1981, at 7:00 p.m. at the City Hall. 4. I-35E/Blackhawk Road Trail Easement. It would be necessary for MN/DOT to construct a pedestrian trailway crossing the new I-35E freeway north of Cliff Road at the intersection with a 200 foot trailway easement under the NSP powerline. It was recommended that the resolution submitted by MN/DOT for temporary construction easement at that location be approved and that the Mayor and Clerk be authorized to execute the resolution. 5. Eagandale Center Industrial Park No. 1 Grading Permit. An applica- tion from Rauenhorst Corporation to place fill in Lots 1 through 4, Block 1, Eagandale Center Industrial Park No. 1 was recommended for approval by the staff. 6. Pilot Knob Center, Improvement #333. The feasibility report covering Project #333 regarding street and utility improvements to Pilot Knob Shopping Center was submitted by the Consulting Engineer. The staff recommended the report be accepted and that the public hearing be scheduled for June 2, 1981 at 7:00 p.m. at the City Hall. 7. Cedarvale Fish and Pet Store Conditional Use Permit Renewal. The application for a conditional use permit renewal for the Cedarvale Fish and Pet Store was discussed by the Counci. It was recommended that the permit application be approved for an additional year according to the time specified in the conditional use permit. 8. Black and White Sports 3.2 Beer License. A request from Robert A. Jackson for temporary 3.2 beer license for Black and White Sports for May 9 and 10, 1981, at Univac field, was recommended for approval. Upon motion by Egan, seconded Smith, it was RESOLVED that the foregoing recommendations included on the Consent agenda be hereby approved and author- ized implemented by the staff. All voted yes. 2 OC 096 Council Minutes May 5, 1981 YANKEE SQUARE OFFICE PARK NO. 3 I.R. FINANCING Mayor Blomquist convened a public hearing regarding the application of Mr. Martin Colon and Mr. Vernon Colon for industrial revenue financing for Yankee Square Office No. 3 in the amount of $1,177,100. Smith moved, Parranto seconded the motion to continue the hearing until after the consideration by the Council on the preliminary plat of Bicentennial 7th Addition. All voted yea. TIMBERLINE ADDITION STREET LIGHTING The City Council on April 7 requested staff to send a letter to each affected resident in Timberline Addition with questions concerning street lighting for the addition. The results have now been tabulated indicating that 44 opposed the street lighting and 27 favored street lighting in the addition. After reviewing the results, Wachter moved, Egan seconded a motion that the Council not proceed to install street lights in the Timberline Addition based on the results from the affected residents. There were no appearances at the meeting. All voted in favor. WENDELL WIDSTRON TRUCK STORAGE Mr. and Mrs. Wendell Widstrom again appeared regarding their request to extend for one year the Council approval for storage of trucks on their property on Trails End Road. Two neighboring property owners were present and indicated that they had no objections and a petition signed by nearly all of the neighboring residents indicated they saw no problem with extending the time for the parking permit. Egan moved to approve the application for a one year extension until June 1, 1982 with the understanding that there will be no loaded fuel trucks on the site. After discussion Egan withdrew the motion, and made a new motion to rescind any prior restrictions taken by the City Council relative to the storage of trucks on the Widstrom property. Smith seconded the motion and all voted in favor. It was understood that no neigh- boring property owners objected to the use by the Widstroms regarding storage on their property. SAFARI HALL SHOPPING CENTER INDUSTRIAL REYENIIE FINANCING The continued public hearing regarding the application of Mr. Ray O'Neal for industrial revenue financing for the Safari Mall Shopping Center in the sum of $3,801,000. The proposal would include an 83,000 square foot shopping center including Red Owl store, Snyder Brothers Drug, Coast to Coast store and other miscellaneous shops. Stan Johannes of Rothschild Financial Corporation was also present and reviewed a letter that he had submitted to the City dated April 24, 1981 explaining the project in detail. In addition, a letter from Ernie Clark of Miller and Schroeder dated April 30, 1981, stating that the Safari Mall had not yet been financed and therefore the financial statement of Mr. O'Neal did not appear to be entirely accurate, the fact that there were alot of noncurrent assets, that Mr. O'Neal had only an option on the land and the land is not free and clear, and recommended that take out financing should be arranged along with temporary financing. A letter to the Council from neighboring residents objecting to the project and the issuance of in- 3 00097 Council Minutes May 5, 1981 dustrial revenue financing was discussed by Councilmembers and also a number of neighboring property owners who objected to the project were present. Mr. Ray O'Neal was also present as were other consultants for the shopping center. Mr. Johannes stated that standby financing will be secure after preliminary approval and there were concerns by Council as to what type of security could be provided by the developer. Mr. Johannes stated that there would be good credit in the shopping center including the tenants and the developers are committed to complete the center. He further stated, however, that this is not a prime financing project and this is the reason for the industrial revenue financing request. In two years, if the market improves, the project could be refinanced at a more favorable rate and he further stated that the financing will not take place unless long term major tenants are fully commit- ted. After considerable discussion including objections from neighboring pro- perty owners, Blomquist moved, Egan seconded a motion to deny the applications for reasons specified above and the following: 1. That the permanent or take out financing did not appear to be in place. 2. That the financial standing of the developer appeared somewhat uncer- tain in the view of the Councilmembers. 3. That there were strong objections from neighboring property owners. 4. That the Miller & Schroeder letter of April 30 expressed potential problems with the project. 5. That the project does not comply in all respects with the intent of the financing provisions under the Minnesota Industrial Financing Law. All voted in favor. WILLIAM MEADE WAIVER OF PLAT The application of William Meade for waiver of plat in order to subdivide a five-acre parcel off Nicols Road was next considered. The Planning Commis- sion recommended approval of the revision to the preliminary plat subject to certain conditions. Mr. Meade was present. Smith moved, Egan seconded a motion to approve the application to include a revision to the preliminary plat with the existing residence as Lot 1 and the balance as an Outlot subject to the following conditions: 1. A 60-foot wide street and utility easement shall be provided along the entire length of the western boundary of the proposed Lot 1, Meade Addition. 2. At time of development, the proposed outlot of Meade Addition shall be replatted. The proposed Lot 1 shall take access from Pin Oak Drive. 3. The existing house shall meet all setback and ordinance requirements. 4 00098 Council Minutes May 5, 1981 4. All drainage and utility easements shall be approved by the City Planner. 5. No direct access shall be allowed onto Cedar Avenue. 6. The plat shall be reviewed by the Dakota County Plat Commission and subject to the Dakota County Plat Commission's review. 7. The park dedication for the proposed addition should consist of a cash donation for all lots according to the current park dedication policy for the outlot when the plat is resubdivided. 8. Lateral benefit from sanitary sewer and watermain shall be paid or assessed as a condition of this lot split or subsequent final plat approval. 9. Adequate driveway and utility easements shall be dedicated to provide access to the newly created parcel in the northeast corner of this 5-acre parcel. 10. The existing house and the newly created lot shall be required to make connection to the existing sanitary sewer and watermain. There were no objections to the application. All voted yes. R 81-24 COCA COLA HEIGHT AND PARKING VARIANCES The next application considered by the City Council was that of Coca Cola Corporation for variance from height limitation to allow an approximately 75 foot sugar silo and a parking variance on Lots 4 through 14, Block 7, Eagandale Center Industrial Park. Representatives of Coca Cola were present including the architect who indicated that there would be no signage on the silo. It was noted that certain cars had recently been parked on the street and there were concerns about potential need for additional parking in the future. After discussion Smith moved, Wachter seconded the motion to approve both applications for variance subject to the following: 1. The parking variance would be granted on the basis that the City Council may require additional parking to comply with the then existing City ordinance requirements if the City Council at some time in the future deter- mines additional parking is required. 2. All other applicable City ordinance requirements shall be complied with. 3. The area of the building used as office space shall not be increased unless additional parking is provided. All voted in favor. 5 00099 Council Minutes May 5, 1981 JEFFREY BLOOM - WAIVER OF PLAT The application regarding Mr. and Mrs. Jeffrey Bloom for waiver of plat in order to split Lot 10, Block 3, Clearview Addition on Cliff Road was next discussed by the Council. There was no appearance on behalf of the applicant nor objection. The APC recommended approval subject to conditions. Parranto moved, Egan seconded the motion to defer the application until later in the meeting if the applicant appears or until the next meeting if there is no appearance, all voted in favor. BICENTENNIAL 7TH ADDITION PRELIMINARY PLAT AND VARIANCE Mr. Martin Colon and Mr. Charles Bartholdi appeared on behalf of the application of Federal Land Company for preliminary plat approval of Bicentennial 7th Addition and variance for lot width for Lot 3, Block 1, Bicentennial 7th Addition. The APC recommended approval of a revised portion of Bicentennial 7th Addition excluding the motel lot and providing for two outlots. There had been concerns regarding the width of the lot for motel purposes and whether it would comply with City ordinances. The proposed MN/DOT taking was reviewed consisting of Outlot A. Outlot A and Outlot B would comprise Lots 2 and 3 of Block 1. It was noted that the portion of Washington Drive consisted of a 44 foot roadway and a 60 foot right-of-way and thus the reason why sidewalks may be required close to the curb. Mr. Colon indicated that he had no objection to placing the sidewalk partially on the applicant's property and it would then be within the utility easement in order to provide for snow storage in the winter along the streets. After discussion, Smith moved, Wachter seconded a motion to approve the application for preliminary plat approval as revised was revised at the Planning Commission meeting showing the plat indicating Outlots A and B, conditioned upon the following: 1. That a sidewalk would be installed and placed in such location as the staff recommends. 2. Bicentennial 7th Addition shall be subject to the MN/DOT's review and comment, because the proposed addition abuts State rights-of-way. 3. The City shall review each detailed site plan for each of the build- ings to make sure lot coverage, parking requirements and green space is pro- vided for each lot. 4. No buildings shall be constructed prior to the approval of the final plat for Bicentennial 7th Addition. 5. Grading, drainage, utiltiy and erosion control plans shall be sub- mitted and approved by the City prior to the approval of the final plat. 6. Standard drainage and utility easements shall be dedicated adjacent to all public rights-of-way. 6 OC 100 Council Minutes May 5, 1981 7. All drainage shall be directed towards the storm sewer located within Washington Drive. 8. Proposed future driveway access locations must be submitted and approved by staff prior to final plat approval. All voted in favor. There was no action on the application for variance. D 81-25 YANKEE SQUARE OFFICE NO. 3 I.R. FINANCING The Council then reconvened the hearing regarding the application of Martin and Vernon Colon for industrial revenue financing for Yankee Square Office No. 3 in the amount of $1,177,100. Mr. Martin Colon was present and stated the building would be identical to Yankee Square No. 2 now under construction. Smith moved, Egan seconded a motion to approve the application and grant the I.R. funding. Councilmember Parranto stated that he would prefer that all previous buildings be completed before further industrial revenue approval and was concerned about development moving too quickly in the area. Those in favor were Blomquist, Smith, Egan and Wachter. Against was Parranto. EMERGENCY MEDICAL SERVICES RADIO SYSTEM The City Administrator reviewed the request for comments from the Dakota County Human Services Board from hospitals, health centers, ambulance pro- viders and municipalities regarding a proposal for emergency medical services radio communications for Dakota County as well as for Ramsey and Washington Counties. The Metropolitan Council had requested an indication by May 15 whether the counties will participate in the system and form a joint powers board noting that Divine Redeemer is in jeopardy of losing its accreditation if the system is not implemented by Dakota County. There were strong concerns by Councilmembers whether the County or City should eventually be responsible for ambulance service and about the additional cost and possible implication of radio services. Smith moved, Wachter seconded the motion that no action be taken and that further information be acquired by the City Administrator concerning the future impact upon communication services in the general area as a result of the proposal. All voted yes. BRIARHILL 3RD ADDITION FINAL PLAT Mr. Carl Tollefson appeared on behalf of his application for final plat approval of Briarhill 3rd Addition. It was noted that the Development Agree- ment has now been submitted to the applicant and there were no objections to the application. Parranto moved, Egan seconded the motion to approve the final plat subject to compliance with all City ordinances. All voted yes. R 81-25 JOYCE ADDITION FINAL PLAT D 81-26 The Reverend and Mrs. Reuben Meissner appeared on behalf of their appli- cation for final plat approval of Joyce Addition on Highways No. 55 and 49. Reverend Meissner requested a revision to the plat to provide for an 11,000 square foot single family lot at the north end of the plat on Highway No. 55 7 06101 Council Minutes May 5, 1981 to split Lot 1, Block 1. The Councilmembers indicated that the final plat stage would be too late to revise the preliminary plat. Parranto moved, Smith seconded the motion to approve the final plat as originally submitted subject to compliance with all City ordinances and without the lot split as requested, but that such split could be requested in the future. All voted in favor. R 81-26 BICENTENNIAL 6TH ADDITION FINAL PLAT D 81-27 Mr. Martin Colon then appeared on behalf of the application of Federal Land Company for final plat approval of Bicentennial 6th Addition consisting of one lot with Yankee Square Office Park II now under construction. Egan moved, Wachter seconded the motion to approve the application subject to compliance with City ordinances including completion of the Development Agree- ment. All members voted in favor. R 81-27 D 81-28 IMPROVEMENT #81-3 - PLANS AND SPECIFICATIONS The plans and specifications for Improvement #81-3 providing for install- ation of utilities in Joyce Addition under Project #327, utilities and storm sewer in Yankee Square Shopping Center under Project #318, trunk storm sewer outlet for Trunk Highway #55 under Project 182R and trunk storm sewer outlet for Bur Oak Pond Project #319, were then presented to the Council. It was noted that all necessary easements have been obtained or are under condem- nation and the staff recommended approval. Wachter moved, Parranto seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened on May 28, 1981 at 10:30 a.m. at the City Hall. All voted yes. EMERGENCY PREPAREDNESS PLAN Copies of the Emergency Preparedness Plan booklet had been distributed to Councilmembers prior to the meeting and were reviewed by them. The booklet had been put together by Civil Defense Director Doug Reid and other depart- ment heads and was an update of an earlier plan. It was recommended the plan be revised on approximately an annual basis. Parranto moved, Wachter seconded the motion to adopt the Emergency Preparedness Plan as submitted. All voted yea. D 81-29 1981 SIGN APPLICATION RENEWALS It was noted that 253 sign applications had been submitted for renewal and the Building Inspection Department recommended approval. Smith moved, Blomquist seconded a motion to approve the applications with the understanding that the sign on the south side of Highway #13 across from the Seneca building be brought up to ordinance standard. All voted yes. D 81-30 IMPROVEMENT #80-25 - WESCOTT ROAD The plans and specifications for Improvement #80-25 consisting of Wescott Road street improvements were submitted and recommended for approval by the Public Works Director. It was noted that a revision at the very east end of Wescott Road on Lexington Avenue is being recommended by the staff because of 8 00102 Council Minutes May 5, 1981 the excessive cost in moving the Williams Brothers pipeline. A revision to the Wescott Road alignment east of Lexington Avenue will also be required to accomodate the revision. Wachter moved, Egan seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids for the project with the opening to be scheduled for 10:00 a.m. on June 11, 1981 at the City Hall. All voted in favor. EAGANDALE CENTER INDUSTRIAL PARK NO. 1 GRADING PERMIT Public Works Director Tom Colbert requested the Council review the appli- cation for grading permit for Eagandale Center Industrial Park No. 1 by Rauenhorst Corporation covering Lots 1 through 4, Block 1. He stated that the applicant is now requesting that fill be placed over the existing sanitary sewer and storm sewer lines and the staff is requesting an additional $5,000 bond be required of the applicant. Smith moved, Wachter seconded a motion to amend the previous action on the application to provide for an additional $5,000 bond. All voted yes. IMPROVEMENT #81-4 ST. FRANCIS WOOD ET AL UTILITIES The Council reviewed the bids covering Improvement #81-4 consisting of Projects #307, #329, #328 and #324 and noted that the apparent low bidder was Northdale Construction Company in the amount of $414,053.75. The Public Works Director indicated, however, that an error had been made in the Fischer Construction Company bid which initially indicated $431,025.05 but that the Consulting Engineer had recommended that the contract be awarded to Fischer Construction Company in the amount of $411,125.05. The Public Works Director and the Consulting Engineer reviewed the error made in the bid tabulations and after discussion Wachter moved, Egan seconded the motion to rescind the earlier action of the City Council at the May 5 meeting and to award the Contract to Fischer Construction Company on the basis of its being the actual low bidder on the project. All voted in favor. SEWER JET CLEANER The bids from three companies for a sewer jet cleaner were reviewed with the Council by the Public Works Director. Mr. Colbert recommended that Alternate No. 1 to the Flexible Tools Company bid for a 1981 Myers new unit in the sum of $18,270 be accepted and awarded. He stated that the larger unit was recommended because of the need for a slightly larger pump. He also stated that the Myer's unit had features that were preferable to others that were bid. Parranto moved, Wachter seconded the motion to accept the recom- mendation of the Public Works Director and award the contract to Flexible Tool Company under Alternate No. 1 in the sum of $18,270. All voted in favor. BUR OAK STORM SEWER PROJECT FRANK HUML EASEMENT City Attorney Paul Hauge stated that negotiations have taken place with the attorney for Frank Huml for the acquisition of a utility easement south of Highway #55 on the Bur Oak storm sewer project. Because of inability to acquire the easement, a condemnation action has been commenced but that the negotiations have now proceeded with Mr. Huml's request of $1,500 for the 9 0C 103 Council Minutes May 5, 1981 easement. Staff recommended approval because of substantial costs involved in the condemnation process. Smith moved, Parranto seconded the motion, all voted in favor, to approve the payment of $1,500 for the easement as requested by the City from Mr. Huml. All voted in favor. GALAZIE PARK ADDITION FINDINGS, CONCLUSIONS AND DECISION The City Attorney submitted a proposed set of Findings, Conclusions and Decision regarding the action by the City Council relative to the application of Land Sake Realty for approval of Planned Unit Development and preliminary plat for Galaxie Park Addition on April 7, 1981. After having reviewed the proposed Findings and Conclusions, Wachter moved, Egan seconded the motion to approve the Findings, Conclusions and Decision as submitted and to make such Findings and Conclusions a permanent part of the Galaxie Park Addition record. All voted in favor except Parranto who abstained. BLACKHAWK LAKE OUTLET IMPROVEMENT PROJECT The contract with Lametti and Sons covering the Blackhawk Lake outlet project was submitted for approval. Egan moved, Parranto seconded the motion to approve the contract and authorize its execution. All voted in favor. MAJOR STREET CONSTRUCTION FUND Mr. Hedges reviewed with the Council the resources and obligations of the Eagan Major Street Fund and no action was taken. KATHRYN CIRCLE PETITION A petition from residents on Blackhawk Road near Kathryn Circle request- ing that the developer of Kathryn Circle project be required to clean the neighborhood of debris was submitted to the Council. It was noted that the developer had indicated that he would be picking up the debris and the Administrator was requested to convey this information to the petitioners on behalf of the Council. No action was taken. BEMIRE' COMPANY EAGAN COMPREHENSIVE PLAN The request from Luther Stalland of Beure' Co. to extend the commercial designation under the Comprehensive Plan adjacent to the Beure' Co. property on Blackhawk Road was next considered. Noting that there had been several requests for revisions to the Comprehensive Plan since it had been completed and submitted to the Met Council, Councilmembers indicated that no further revisions would be reviewed during the Comprehensive Review process. TODD SWANSON ADMINISTRATIVE INTERN City Administrator Hedges stated that Todd Swanson has been engaged as a part time replacement in the City Intern's position and is currently working for the City Administrator. 10 0€104 Counil Minutes May 5, 1981 EAGAN WATER TREATMENT PLANT Councimember Smith again requested that action be taken to revise the water treatment plant report and that a public hearing be held. Smith then moved, Parranto seconded a motion to instruct the City Engineer to update the Eagan water treatment plant report and to submit it to the Council for the purpose of scheduling a public hearing in the near future. All voted in favor. ORDINANCE CODIFICATION Councilmembers requested that the City Administrator review the feasi- bility and proposed funding for codification of the City ordinances. UNIVAC UTILITY PETITION A petition on behalf of Sperry-Univac for a feasiability report for the installation of sanitary sewer and water main to the new semiconductor plant on Univac property was submitted to the Council. Wachter moved, Egan seconded a motion to accept the petition and order the Consulting Engineer to prepare a feasibility report and in addition to prepare plans for the project as requested by Sperry-Univac. All voted yea. YANKEE DOODLE ROAD SUPPLEMENTARY AGREEMENT A proposed Resolution covering Supplemental Agreement No. 1 to the County Contract #31-05 regarding utility adjustments on the Pilot Knob Road improve- ment project was submitted by Public Works Director Colbert. Smith moved, Wachter seconded a motion to approve the Supplemental Agreement and to author- ize the execution of the Resolution. All voted yes. VOUCHERS Egan moved, Wachter seconded the motion to approve the following vouchers: ADJOURNMENT Parranto moved, Egan seconded a motion to adjourn the meeting at 11:00 p.m. All voted yes. MINUTES OF APRIL 7, 1981 REGULAR CITY COUNCIL MEETING It was noted that the minutes of the April 7, 1981 Council meeting excluded the final plat action on Safari At Eagan. The staff recommended approval. Wachter moved, Egan seconded the motion, all members voted in favor to approve the final plat of Safari At Eagan subject to all City requirements and compliance with all applicable ordinances. PHH City erk 11