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08/04/1981 - City Council Regular MINt7J OF A R METING OP ME Eli CITY COUNCII, M% T, MMKRWM AUGUST 4, 1981 A regular meeting of the Eagan City Council was held on Tuesday, August 4, 1981, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Parranto, and Egan. Also present were Public Works Director Colbert, City Engineer Rosene, City Administrator Hedges and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as dis- tributed. All voted yes. MINUTES 1. July 22, 1981 Special Meeting. Wachter moved, Egan seconded a motion to approve the minutes. All voted in favor. 2. July 30, 1981 Special Meeting. Parranto moved, Egan seconded the motion, all voted in favor to approve the minutes. 3. July 21, 1981 Regular Meeting. Egan moved, Wachter seconded a motion to approve the minutes with exception on page 6 regarding the application of off-sale liquor license of Egan Unlimited, Inc., that the 13,000 store pro- posed is not a neighbor oriented type store under the application. All voted in favor. PARR AND =3a2 TION ?AITP 1. Dutch Elm and Oak Wilt Diseased Trees on Public Boulevards. City Administrator Hedges indicated that a policy has not been adopted by the City Council regarding the removal of Dutch Elm or Oak Wilt diseased trees on public boulevards throughout the City. It is currently estimated that there are 30 diseased trees on existing owner occupied residences and approximately 80-100 trees are expected to be removed over the next two years. There was discussion concerning the control of the diseased trees and whether it is in the City's best interest to remove trees from boulevard areas. Smith moved, Blomquist seconded the motion to cite the owners of property where diseased trees are located in boulevards and that the owner be given the prescribed period of time to remove the trees, but in the event that they are not removed that the City would do so at its expense using City personnel to as great extent as possible and the balance to be contracted with private contractors. Those in favor were Blomquist and Smith. Those against were Wachter, Parranto, and Egan. Egan then moved, Wachter seconded the motion that the City not remove diseased trees from boulevards within the City of Eagan with the understanding that private owners would be responsible for removing diseased trees. All members voted in favor. 1 Council Minutes Os:'''5 August 4, 1981 CONSENT AGENDA 1. Mn/DOT Trail Maintenance Agreement. It was recommended that the formal agreement received from MN/DOT pertaining to perpetual maintenance of the 8-foot recreational trail along the south side of 1-494 from Pilot Knob Road to the east side of T.H. 13 overpass bridge be approved and be authorized to be signed by City officials. R 81-46 A 81-7 2. T.H. #149 Plans and Specifications. The staff recommended the pre- liminary plans for the proposed upgrading of T.H. #149 from Blue Gentian Road to T.H. #55 submitted by MN/DOT be approved and authorize the execution of the appropriate resolution. R 81-47 3. 1-494 Plans and Specifications. It was recommended to the Council that the detailed plans and specifications for 1-494 grading, surfacing, and bridge construction for the 1-494 freeway from T.H. #13 to T.H. #55 be ap- proved and that the City Clerk and Mayor be authorized to execute the appro- priate resolution. R 81-48 4. MTC Bus Shelter Location. The City Council's number one priority for a bus shelter location at at the Valley View Apartment site on Rahn Road was next discussed. This included maintenance by the City and the cost of paying for 10% of the shelter location. There were no objections and it was recommended by the staff that the MTC site plan C-1355 for the Valley View Apartment site for bus shelter be approved and the Cost Participation Agreement be executed by the appropriate officials. A 81-8 5. Improvement #81-2 Windcrest Street Improvements. Change Order No. 1 for Improvement #81-2 consisting of street improvements in Windcrest Addition for the correction of faulty work due to the bankruptcy of the contractor under Improvement #80-7 consisting of $13,000 was recommended for approval. 5. Improvement Project #348 Four Oaks Streets. The Public Works Director indicated that severe erosion problems have been occurring along Four Oaks Road from T.H. #13 to Coachman Road following the construction of the Coachman Oaks apartment complex. The staff recommended that the Council authorize the preparation of a feasibility report for the upgrading of Four Oaks Road with concrete curb and gutter under Improvement Project #348. 6. District 53 DFL Fundraiser Licenses. An application was received from Robert Ferguson for temporary non- intoxicating malt liquor license and temporary bingo and gambling license for District 53 DFL fundraiser for August 15, 1981, at Rahn Park. The application was recommended for approval by the staff. Upon motion by Smith, seconded Egan, it was Resolved that the foregoing consent items be and hereby are approved and authorized that the appropriate Resolutions be executed. All voted yes. 2 Council Minutes August 4, 1981 PADJHCP #340 - WINDC R T 2ND ADDITION The Mayor convened the public hearing regarding Improvement Project #340 consisting of utility and street improvements in Windcrest 2nd Addition. There were no objections to the project and the representative of the de- veloper was present and recommended approval. Public Works Director Colbert and City Engineer Rosene explained the project. The representative stated that all of the Windcrest 1st Addition lots have been sold even though there has been no construction on any of the lots. Wachter moved to close the hearing, to order in the project, and to authorize the preparation of the plans and specifications. Egan seconded the motion, all members voted in favor. WII~i~ 2ND ADDITION - IMP'1OVEMmP P1OJ T #341 The public hearing regarding Improvement Project #341 covering utility and street improvements in Windtree 2nd Addition was convened by Mayor Bea Blomquist. City Engineer Rosene and Public Works Director Colbert explained the project. There were no objections to the project. Egan moved, Parranto seconded the motion to close the hearing, to order in the project, and to order the City Engineer to prepare the plans and specifications. All voted yes. PIRDJ #346 - CIN N RIDGE 1ST ADDITION Sn ziS AND t . The public hearing regarding streets and utility improvements to Cinnamon Ridge Addition under Improvement Project #346 was convened by the Mayor and the details were explained by Mr. Colbert and Mr. Rosene. There were ques- tions from neighboring property owners, particularly about the pond on the north line and there were also strong concerns about comparable elevations of lots in Cinnamon Ridge Addition in relation to the lots in River Hills 9th Addition to the north. After questions and discussion, Wachter moved, Parranto seconded the motion to continue the public hearing until the final plat is reviewed and approved by the Council. All voted in favor. OLD DCID 171M SnI r TrWATION The public hearing regarding the petition to vacate a portion of Old Dodd Road consisting of 0.25 miles north of County Road #32 adjacent to the pro- posed Michael Dineen Addition and proposed Overhill Farm Addition was convened by the Mayor. It was noted that the legal notices had been prepared and published and there were no objections nor appearances regarding the vacation. Egan moved, Wachter seconded the motion to close the hearing, to authorize the preparation of a resolution adopting the vacation and that the resolution regarding the vacation be recorded when appropriate according to the City staff. All voted in favor. R 81-49 W 10NOM LANE - DIFFLET 10M The Councilmembers again discussed the proposed renaming of Wildwood Lane to Diffley Road. It was noted that the estimated cost to MN/DOT for road identification sign changes is $2,400 but that MN/DOT has agreed to pay one- 3 Council Minutes 17August 4, 1981 half of that amount. The cost to the City for redoing signs is $250. A number of property owners along Wildwood Lane were present and strongly recom- mended approval of the renaming to Diffley Road due to the long historical connection of the Diffley family in Eagan. Some objections were also noted including the manager of the Eagan Post Office stating that the cost to the postal service and confusion on name changes should be basis for retaining the present name. Councilmembers discussed the background of the name change and Smith moved, Egan seconded the motion that in light of the offer by MN/DOT to pay one-half of MN/DOT's cost of sign changes, that the name of Wildwood Lane be changed to Diffley Road at the earliest possible time. Those in favor were Smith, Egan, and Blomquist. Those against were Parranto and Wachter. DAY CABS CENTER LICENSING ORDIl N City Administrator Tom Hedges reviewed in detail the current provision under Ordinance No. 52 regarding the requirement for conditional use permit for operation of a day care center in the City. A proposal was made at the July 7, 1981 Council meeting that the ordinance be amended to provide for a conditional use permit for day care centers with six or more children. He also noted that a meeting had been held with the Dakota County Human Services Board and that a number of day care providers in the City had submitted written information and had made requests to the City Administrator's office that the City not provide for conditional use permit for day care centers. A number of affected day care providers were also present and recommended against a conditional use requirement for such purposes. There were some suggestions concerning alternates and there was a question as to whether the City is notified when Dakota County approves a day care home. After consider- able discussion, Parranto moved, Wachter seconded the motion to adopt the proposed ordinance amendment providing for nursery schools and day care centers providing service to seven or more children at one time be allowed by a conditional use permit in residential districts. After further discussion, it was recommended by the staff that more study be made and review of several alternates be made. Parranto moved, Wachter seconded the motion to withdraw the motion and to forward the draft to the City Attorney and City Administrator for redraft and reconsideration for the September 1 City Council meeting. All voted yes. U"EMUL SIGI PEI '([T An application from U-Haul Corporation for sign permit at its business location of 3890 Cedar Avenue was next discussed. The proposed pylon sign would be 27 feet above roadway level with a total height of 35 feet above ground level. There was a question as to whether the sign abuts the Cedar Freeway under the recent Ordinance No. 16 amendment. A representative of U- Haul was present and Councilmembers objected to the excessive number of trucks and trailers on the U-Haul location constituting a violation of the condi- tional use permit on a repeated basis. There was a question as to whether the state would abandon old Cedar Avenue right-of-way and a portion of existing Highway #13 right-of-way with additional land that could possibly be purchased by U-Haul for storage. Councilmembers expressed their dissatisfaction with the lack of compliance with the restrictions under the conditional use permit and it was noted that the Savage storage site is no longer being used by U- 4 Council Minutes August 4, 1981 Haul which was indicated to be a storage site for excess U-Haul equipment. Wachter moved, Egan seconded a motion to request the staff to further review the U-Haul operation and make a recommendation to the City Council as to compliance with the conditional use permit provisions on the site with no action on the pylon sign application; further, that the application of U-Haul for a sign permit be reviewed by the Council at its August 18, 1981 meeting. All members voted in favor. MCDONAIDIS USE PERMIT The application of McDonald's Corporation for conditional use permit for drive-through facility at its existing McDonald's restaurant on Silver Bell Road was next reviewed. Mr. Al Indy of McDonald's was present and it was noted the application had first been submitted at the April 28 Advisory Planning Commission meeting and it was recommended for approval by the APC on July 28, 1981. Mr. Indy stated that McDonald's agreed with all of the provi- sions that there were conditions placed upon the Planning Commission approval. Eleven parking stalls would be eliminated with a balance of 58 parking stalls. Councilmembers objected to the doubling of the traffic for the carryout customers and Mr. Indy indicated that 35-40% of the customers would go through the drive-through window. Lloyd Krob of the Planning Commission was present and explained the Planning Commission recommendation. Egan moved, Wachter seconded a motion to continue the application for further staff recommendation with the application to be reheard on August 18, 1981. All voted yes. EDPMM GIN VARIANCE The application of Mr. and Mrs. Edward A. Gagnon for variance from side setback requirements for a garage to be built closer to the side lot line at 1858 Turquoise Trail was next considered. Mr. Gagnon was present and there were no objections to the application. The APC recommended approval. Wachter moved, Smith seconded a motion to approve the application noting that hardship arose due to location and configuration of the house in relation to the lot line and also the fact that there are no objections from neighboring property owners and subject to the following conditions: 1. There shall be no living quarters above or behind the proposed addi- tion. 2. That all other applicable ordinances shall be met. All voted in favor. TWIN VIF3nT M 22ND ADDITION FINAL PLAT The application of Richard Strom for final plat approval of Twin View Manor 2nd Addition was then considered by the Council. Mr. Strom was present and requested an extension of time for the payment of special assessments from five to fifteen years. It was noted that because of the restrictions for bond retirement, the Council would not approve an extension. Parranto moved, Egan seconded a motion to approve the final plat subject to compliance with all City conditions. All voted in favor. R 81-50 D 81-42 5 179 Council Minutes August 4, 1981 CIIdm RIDGE ADDITION FINAL PLAT Councilmembers then reviewed the proposed final plat for Cinnamon Ridge Addition and Steve Ryan of Zachman Homes was present. There were questions regarding the elevations between the River Hills 9th homes and the proposed elevation of residences in Cinnamon Ridge and also questions regarding poten- tial runoff problems during the construction and grading in the Cinnamon Ridge area. It was suggested that site elevations be acquired for the River Hills 9th homes in order to determine the differential in elevations. A grading permit was requested for Phase I. After considerable discussion, Parranto moved, Wachter seconded a motion to approve the final plat subject to compliance with all applicable City ordinances and requirements and to authorize the developer to grade Phase I with the understanding, however, that no fill material will be placed in the Phase II area until the Council has reviewed and approved the proposed grading plans and made a determination concerning elevation differentials and approved the drainage and runoff plans. All voted in favor. R 81-51 D 81-43 Parranto then moved, Smith seconded the motion, to close the public hearing concerning Improvement Project #346, streets and utilities in Cinnamon Ridge 1st Addition, and to authorize the engineer to prepare the plans and specifications, to request the staff to make elevation determinations of lots adjoining River Hills 9th Addition to assure that there are no flooding prob- lems covering the property to the north in River Hills 9th Addition; further, resolved that the Council would not order in the project but that Zachman Homes be required to submit a statement to the City assuring that Zachman would pay for the cost of the plans and specifications; further, Resolved that the Clerk be authorized to proceed with the advertising for bids to be opened on August 27, 1981. All voted yes. JOYCE MEISSNER - SPECIAL TRADER PIId T The application of Joyce Meissner for a special use permit for a mobile home at 3240 Dodd Road, Lot 5, Block 1, Joyce Addition was next considered. The Council had denied the request for the trailer permit at a previous meeting. Mrs. Meissner, the applicant, indicated that the home is primarily being used as a residence for security purposes for the adjoining family business, Television Service Labs, Inc. After discussion, Parranto moved, Smith seconded the motion to continue the application to allow appearance of the applicant. All voted in favor. E«ER SCMT TRAILER PE[ T Mr. Elmer Scott appeared regarding his application for a special use permit for a trailer at 4175 South Robert Trail. He indicated that his son is using the property for security reasons for the adjacent business consisting of sale of trucks and heavy equipment on his property. It was noted that the trailer had been moved about 100 feet from its original location intended as security for the South Fork restaurant. Mr. Scott has now sold the restaurant and therefore the original reason for the permit no longer existed. Parranto moved, Wachter seconded the motion to deny the application for the permit 6 L3 Council Minutes August 4, 1981 because the use of the trailer does not compy with the original purpose as requested by Mr. Scott with the understanding that the trailer will be moved within 90 days of August 4, 1981. Mr. Smith stated that the trailer is not visible from South Robert Trail nor from County Road 30 or County Road 63. He stated that the trailer would offer security for South Fork Restaurant and the Scott business. Those in favor were Parranto, Egan, Wachter and Blomquist. Smith voted no. C OUNrRYSIlE IST AIDITICN C[LSi'RDCi Lum TRAILER An application for special use permit for a construction trailer for Countryside 1st Addition to be used by the contractor for the Countryside 1st Addition consisting of the former Haswell Lange property on Gold Trail was next considered. It was noted, however, that the trailer was intended to be located on Vogelpohl property at the northwest intersection of Highway 13 and Silver Bell Road. There were no appearances for the applicant. Noting that the trailer was not located on the property and would be an inconvenient location together with the fact that the location is at an intersection of very heavily traveled streets, Smith moved, Wachter seconded the motion to deny the application. All voted yes. #81-8 - C®AR CLIFF 2ND AIDDITICN The bids for Improvement #81-8 consisting of street improvements for Improvement Projects #307B, #327B, #328B, and #329B, were received and it was recommended the contract be awarded to the low bidder, McNamara Vivant Contracting Company in the sum of $136,397. A revision due to an error in the bid from the low bidder was noted. There was discussion concerning Project #329B trailway portion consisting of $17,425. It was noted that the amount appeared to be excessive due to terrain factors, the fact that the trailway was not included in the original grading for Cedar Cliff 2nd Addition and it was suggested the Council consider alternatives for funding the trailway construction. Wachter moved, Egan seconded a motion to award the contract to the low bidder, McNamara Vivant Contracting Company, in the sum of $136,397 with the request that the staff review the trail construction and make recom- mendation to the Council at a later time with a Change Order to the project in the event a recommended change for trail construction is submitted. All voted yes. #81-9 - TCKUM AIDITI N UTILITIFS The bids for the Tomark Addition utilities under Improvement #81-9 were opened on July 30 at 11:00 a.m. and the low bidder was Richard Knutson, Inc., in the amount of $88,526.35 for a total base bid and alternate bid of $86,346.35. Mr. Colbert recommended the contract for the alternate bid be awarded to the low bidder, Richard Knutson, Inc. Upon motion of Egan, seconded Wachter, it was Resolved to award the alternate bid to Richard Knutson, Inc., in the sum of $86,346.35. All voted yes. 7 ry-y, Council Minutes August 4, 1981 #81-5 - CIN1 1 RIDGE 1ST AMMON ET AL The plans and specifications for Improvement #81-5 consisting of Projects #346, #337, #335 and #339A, utility improvements, were next submitted to the Council. There were concerns about the fill to be placed at the north end of the Cinnamon Ridge pond area and the need to resolve the drainage problems. In addition, there was discussion concerning the location of the storm sewer line on the John Brown property under Improvement Project #339A or whether to provide for a temporary over ground storm sewer outlet northerly to Cliff Road. After considerable discussion, Wachter moved, Egan seconded a motion to approve the plans and specifications, to authorize the advertisement for bids to Improvement Project #81-5 to be opened on August 27, 1981 at 10:30 a.m. at the City Hall. Egan and Wacher voted yes. Blomquist, Smith and Parranto voted no. Blomquist then moved to approve the plans and specifications for Improve- ment #81-5 consisting of the above four projects, to authorize the clerk to advertise for bids for Projects #346, #337 and #335. Smith seconded the motion. All voted in favor. Smith then moved, Egan seconded the motion, to approve the plans and specifications for Improvement Project #339A consisting of the Brown's Pond outlet and to advertise for bids together with the balance of the projects under Improvement #81-5 but that the engineer be directed to prepare an esti- mate for an overland temporary storm sewer outlet to be submitted prior to the award of the contract for Improvement #81-5. All voted yes except Parranto who voted no. #81-10 The Engineer presented plans and specifications for Improvement #81-10 consisting of Improvement Projects #323, #324 and #326. Parranto moved, Wachter seconded the motion to approve the plans and specifications, to auth- orize the City Clerk to advertise for bids to be opened on August 27, 1981 at 10:30 a.m. at the City Hall. All voted yes. (OPERATIVE P(MR ASSOCIATION UTUffTY EASEMENT A report dated July 1, 1981 from Cooperative Power Association concerning the Pilot Knob/LeMay Lake 69KV power line and the Pilot Knob/Deerwood Drive 69 KV power line was presented and reviewed by the Council. There was discussion regarding alternate routes and also whether the transmission line could be constructed underground. Comparative costs for overhead and underground lines were presented and a representative of Dakota Electric and Cooperative Power were present at the meeting. The representatives indicated there would be no interferance with the police radio system at Pilot Knob and Wescott Roads and that the underground costs were prohibitive. Several alternate routes were also discussed in detail and it was noted that the overhead line is intended as a permanent line with no guarantee of later placing the transmission lines underground. The applicant is requesting 41 feet of additional easement on the east side of Pilot Knob Road which would be 19 feet beyond the proposed 55-foot half right-of-way. The City Council, on February 20, 1979, had 8 Council minutes August 4, 1981 adopted a Resolution concerning the location of the power line. Blomquist moved, Egan seconded the motion to continue the request for permit from the City of Eagan for power line until the next regular meeting for additional information from the applicant. All voted yes except Wachter who voted no. ADVISORY PARK IP13 - SANDRA MASIN The City Administrator stated that there are two applicants for the vacancy on the Advisory Park and Recreation Committee including Sandra Masin and Don Schumacher. After a secret ballot, Sandra Masin was elected to fill the unexpired vacancy on the committee. OVER IIL FAX 4 ADDITION PLAT A request from the developer of the proposed Overhill Farm Addition for an additional six months for approval of the final plat was next reviewed. Wachter moved, Parranto seconded a motion to approve the request. All voted yes. C.A. ROBRUS CXVWANY I.R. F NANCI An application has been submitted by C.A. Roberts Company for $1,610,000 in Industrial Revenue Financing for a plant expansion of 53,107 square feet of office space and inside storage area at its location in Eagandale Industrial Park. Wachter moved, Egan seconded a motion to set a public hearing for September 1, 1981, at 7:00 p.m. at the City Hall concerning the application. All voted in favor. SEE BOND FILE DODD BOAD ASSESSMENr APPEAIS City Attorney Paul Hauge reviewed with the Council proposed settlement of two assessment appeals on Dodd Road including that of Trudi Johnson and Heidi Shiela. Negotiations have taken place between the Eagan City Attorney and the attorney for Ms. Shiela and Ms. Johnson, Ed McMenomy, and it was proposed to settle each of the appeals on the basis of deferment of certain assessments in exchange for the dismissal of the assessment appeals. Egan moved, Smith seconded a motion to approve the general terms of the proposed stipulations for settlement of each of the assessment appeals provided that no attorney's fees or appraisal fees would be paid for the appellants and subject to comple- tion of negotiations by the staff. All voted in favor. MICEMM DINE= - DODD "D Paul Hauge stated that it appeared it would not be possible to locate the owner of the property in proposed Dineen Addition, Michael Dineen, for pur- poses of acquiring a utility easement across the property on the east side of Dodd Road. He recommended authorization to commence condemnation in order to acquire the easement at the earliest possible time. Parranto moved, Egan seconded the motion to authorize commencement of condemnation covering the Michael Dineen property for the required utility easement and also to engage an appraiser for the proceeding. All voted yes. 9 Council Minutes August 4, 1981 IMPRUVEPMr 181--11 - Q Oia NO. 1 - 1981 SFALCMXTIAIG Because of a proposed revision in the type of aggregate to be used in the 1981 sealcoating project, there would be a saving to the City and it was recommended by the staff that the additional deduct of approximately $12,710.51 be used for sealcoating in Cedar Grove 7th Addition. Parranto moved, Smith seconded a motion to authorize a deduct of the material from the contract for the 1981 sealcoating, Improvement #81-11 and to approve change order no. 1 for a total addition of about $3,300. MISCEU ?S ASSESSM@W HEARINGS Mr. Colbert submitted a list of assessment hearings that he proposed to be scheduled for September 1, 1981, at 7:00 p.m. at the City Hall. Upon motion by Smith, seconded Egan, all members voting yes, it was Resolved that the Clerk be authorized to advertise and to notify the property owners con- cerning the special assessment hearings for September 1, 1981 at 7:00 p.m. at the City Hall as follows: Projects #270, #273, #277, #289, #292, #294, #295, #300, #301, #303, #284, #287, #293, and #254. VOUCHERS Egan moved, Parranto seconded the motion, all members voted yes to ap- prove the following vouchers: the check list dated August 4, 1981. ADJOURNMWr Wachter moved, Blomquist seconded a motion to adjourn at 12:35 p.m. All voted yes. PHH CITY Vf8RK 10