Loading...
10/20/1981 - City Council Regular 0 13 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 20, 1981 A regular meeting of the Eagan City Council was held on Tuesday, October 20, 1981 at 6:30 p.m. at the Eagan City Hall. All members were present. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. MINUTES Upon motion by Wachter, seconded Smith, the Minutes of the City Council Meeting of October 6, 1981 were approved with the exception that the meeting started at 6:00 p.m. All voted yes. MARY LOU PIRKL - SPECIAL RECOGNITION Mayor Blomquist announced that special certificates would be given to Mary Lou Pirkl of 5260 No. Elmo Lane who discovered a fire at the home of Larry and Janet Duder, 1155 Aquarius Lane, while jogging at 6:00 a.m. on October 4, 1981. Ms. Pirkl was present and both Fire Chief Childers and Mayor Blomquist presented Certificates to her for saving the lives of the Duder family. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Astleford Grading Permit. The application of Pine Bend Development Company for M. G. Astleford for grading and excavation permit on a 40 acre tract adjacent to Galaxie Avenue was recommended for approval subject to compliance with the Ordinance requirements. 2. Improvement #80-26, Change Order #2 - Briar Hill Streets. It was recommended that Change Order #2 in the sum of $4,125.00 to improvement 80-26 covering Briar Hill Fourth Addition be approved. 3. Conditional Use Permit Renewals. It was recommended that the following conditional use permit renewals be approved: (1) Alfred Wiger, 780 Blue Gentian Road, for a group therapy home. (2) Mrs. Jeanette Flogstad, 4300 Blackhawk Road, for Day Care Center at 4300 Black Hawk Road. 4. Lost Spur Bingo License Renewal. The staff recommended approval of the application of Lost Spur for Bingo and combination Gambling License re- newal for the next year. 5. Vincent Storland - Watermain Petition. A Petition from Vincent Storland of 4873 Storland Road for preparation of a feasibility report for water improvements to his property was recommended to be accepted and that the Council authorize a feasibility study by the Consulting Engineer. Council Minutes October 20, 1981 6. Federal Revenue Sharing Public Hearing. It was recommended that the Council schedule a Public Hearing for November 17, 1981 at 7:00 p.m. to consider the use of Federal Revenue Sharing for 1982. Upon motion by Parranto, seconded Egan, it was resolved that the fore- going agenda items be approved and authorized to be implemented. All voted in favor. IMPROVEMENT #81-14 - WILDERNESS RUN ROAD It was recommended that the low bid for Improvement 18-14 be granted to Richard Knutson, Inc. in the amount of $335,967.50 covering Improvement Project No. 345. Upon motion by Smith, seconded Wachter, all voted in favor. It was resolved that the recommendation be accepted and award the contract to Richard Knutson, Inc. All voted yes. IMPROVEMENT #81-15 - PROJECTS 344 AND 339 REVISED Bids have been received for Improvement 81-15 consisting of sanitary sewer for the Winkler/Jackson Addition and storm sewer improvements for the Beacon Hills Subdivision. Upon motion by Wachter, seconded Parranto, it was resolved that the low bid of Northdale Construction Company in the sum of be approved as recommended by the Public Works Director. All voted yes. EAGAN OFFICIAL CENSUS City Administrator Tom Hedges reviewed a letter from the U. S. Bureau of the Census indicating that the April 1, 1980 population of Eagan was set at 20,700 with 7,206 housing units. SHIELDS PROPERTY SANITARY SEWER - PROJECT NO. 347 Mayor Blomquist convened the public hearing regarding sanitary sewer improvements to the Martin Shields' property on both sides of Pilot Knob Road, south of Lone Oak Road, under Improvement Project No. 357. Mr. Shields was present at the hearing. Mr. Colbert and Mr. Rosene reviewed the project that had been continued from the last regular Council Meeting on October 6, 1981 and further reviewed a letter from Consulting Engineer Rosene dated October 15, 1981 concerning the split of assessments on either side of Pilot Knob Road. There were no objections to the recommendation of the Consulting Engineer. Mr. Colbert stated that a letter had been received, signed by Mr. and Mrs. Shields agreeing with the split and the method of assessments. Parranto moved, Egan seconded the motion to close the hearing and to order the improvement for Project No. 347. All voted in favor. 2 Council Minutes October 20, 1981 ADVISORY PLANNING COMMISSION ALTERNATE Five persons requested they be considered for appointment to the alter- nate position of the Advisory Planning Commission: 1. Louis W. Frillman 2. Michelle Ekblad-Frank 3. Richard A. Bertz 4. Ronald R. Voracek 5. Dale Vogt After three ballots, Dale Vogt was elected the alternate to the Advisory Planning Commission. CABLE TELEVISION ADVISORY COMMITTEE APPOINTMENTS It was noted that there are three openings on the Cable T. V. Advisory Committee. Dale Haggert, Louis W. Frillman, Michelle Ekblad-Frank, Richard A. Bertz and Ronald R. Voracek requested to be considered for the openings. After written ballots, the Council selected Ron Voracek, Dale Haggert and Rick Bertz. IMPROVEMENT PROJECT #261 - MR. & MRS. FRANK LEHMANN Mr. & Mrs. Lehmann were present in regard to their request that assess- ments not be levied against their property on Pilot Knob Road, south of Twin View Manor, indicating that they had no use for the water main and that it was not close to the property. After discussion, Parranto moved, Egan seconded the motion to eliminate the Lehmann property from the assessment roll under Improvement Project #264 in that the owners do not intend to hook on and that the end of the water main is about 300 feet from the Lehmann property. All voted yes. LONE OAK HEIGHTS ADDITION - PRELIMINARY PLAT AND VARIANCE The application of Midwestern Association - Orrin Aune for preliminary plat approval of Lone Oak Heights consisting of 14.09 acres with 145 dwelling units and variance to exceed lot coverage for residential district, was con- sidered by the Council. Mr. Hedges introduced the topic and stated that revised plans had been submitted by Mr. Aune to comply with the recommenda- tions of the Advisory Planning Commission. The APC recommended approvel subject to numerous conditions. Mr. Aune and others were present for the applicant. A large number of neighboring property owners were also present. A staff meeting had been held and also a meeting with the neighbors, according to Mr. Aune, at which time he explained the proposal of the developer. He stated that the units would not be constructed for rental purposes, that there would not be substantial impact on the schools because of the low number of children and that a six foot wood fence would be constrsucted along the school property line separating the condominiums from the school. A number of the neighboring property owners objected, including John Gusten, whose main objec- tion was the extreme density of the project. An October 16, 1981 letter from Timberline Association was reviewed questioning the capacity of the water 3 Council Minutes October 20, 1981 wells to serve such a project, the quality of the housing, the types of transient people who are expected to live in the housing, etc. It was noted that Mr. Aune had placed a construction trailer on the site without a permit and had connected it with telephone and electric power. He stated the trailer is not being used, but he has not been able to move the trailer off the site. He stated further that the units would sell for $39,000.00 to $67,000.00 plus extras. There were also concerns about adequacy of playground facilities on the site and in the neighborhood. Mr. Aune stated the HUD application had not been approved and suggested to the council and neighboring owners that the Council not delay a decision. The staff reviewed the history of the zoning of the property, including the R-4 and R-3 underlying zoning for the planned development. Noting the issues that had arisen including traffic, safety, design of the project, including internal streets, impact on utilities, etc., there was further discussion concerning the possibility of reducing the zoning density for a portion of the property which is located in Section 9, which includes a great deal of high density zoning. Mr. Runkle was present and stated the interior street is considered in density because it is a private road, but Councilmembers questioned whether the density should be computed on that basis. After discussion, Parranto moved, Egan seconded the motion to continue the consideration of the application until November 17, 1981 and that the Council authorize the hiring of an appraiser to prepare a brief report as to the probable cost incurred by the City, in the event that the Council should determine that the portion of the property should be down-zoned to a lower density from an R-4 to an R-3, and further, to determine the additional cost of rezoning to R-1 with some R-2 buffer areas; further to allow the staff to continue to study the project including the density determination; further to determine whether to include the private street in determining density of the project. All members voted in favor except Wachter who voted No. GREGORY GROSE DUPLEX SPLIT - BALLANTRAE FIRST ADDITION The application of Gregory Grose for a waiver of plat to subdivide a duplex lot consisting of Lot 2, Block 1, Ballantrae First Addition was con- sidered by the council. There was no appearance by the applicant. Smith moved, Egan seconded the motion to accept the recommendation of the Planning Commission to approve the application subject to the following: 1. All property shall retain the existing drainage and utility ease- ments. 2. The newly created lots shall meet all applicable ordinance require- ments. All voted in favor. R 81-70 4 Council Minutes October 20, 1981 LEONARD NORUM - SILVER BELL AMUSEMENT DEVICE CONDITIONAL USE PERMIT The application of Leonard A. Norum for a conditional use permit to allow 15 amusement devices in the Silver Bell Shopping Center was next reviewed by the Council. Richard Erdall, attorney from Minneapolis, appeared for the applicant, as did Mr. Norum. The Planning Commission recommended approval, subject to certain conditions. Mr. Erdall stated there would be no smoking or eating of food or drinking in the establishment. The City Attorney issued a letter indicating that Ordinance No. 73 controlling Amusement Devices did appear to allow minors in the Amusement Center without a parent or guardian with the understanding that no violations to the Ordinance would occur. Smith moved, Parranto seconded the motion to approve the application subject to the following conditions: 1. That all provisions of Ordinance No. 73 regarding Amusement Devices, be met. 2. That the application be reviewed annually by the City Council for compliance with City Ordinances. All voted in favor except Wachter who voted no. FEDERAL LAND COMPANY - YANKEE SQUARE OFFICE NO. 4. Mr. Ken Murnane appeared for Federal Land Company's application for variance for parking requirements for office building on Lot 1, Block 1, Bicentennial 7th Addition. The Planning Commission recommended approval sub- ject to certain conditions. Bill Brandt, the owner of the office building to the East adjacent to the property, appeared and was concerned about the set- back of only 5 feet from the property line and because of the differential in grades, the adverse impact on the site from his office building. Council- members encouraged the developer to accomodate the request of Mr. Brandt. Mr. Colbert recommended a driveway opening between the two parking lots owned by Federal Land Company. Parranto moved, Wachter seconded the motion to approve the application with the following conditions: 1. That the Federal Land Company provide a compromise for screening adjacent to the Brandt building. 2. Staff approval of the layout of the parking with connecting drive- ways. 3. That a cross easement be provided for the 142 parking spaces on the other 3 lots where the offices have already been constructed and these 42 spaces shall be the closest parking spaces to the office building on Lot 1, Block 1, Bicentennial 7th Addition. 14. That all other ordinance requirements shall be met. All voted yea. 5 Council Minutes Octoer 20, 1981 HILLCREST DEVELOPMENT CORPORATION - GROUND SIGN MARI ACRES 2ND ADDITION The application of Hillcrest Development for variance under Ordinance No. 16 to allow two ground signs for one office building on Lot 3, Block 1, Mari Acres 2nd Addition. Ernie Christensen appeared for Hillcrest. The APC recom- mended approval subject to conditions. Wachter moved, Parranto seconded the motion to approve the application, subject to Sign Ordinance compliance. All voted in favor. JOE CHRISTENSEN - EGAN AVENUE STORM SEVER Bill Christensen appeared on behalf of his request for a storm sewer study on Egan Avenue. The Council considered the installation of approximate- ly 100 to 200 feet of storm sewer lateral main to accomodate storm sewer water drainage in the City Park located in Country Home Heights Addition. A request signed by several neighbor property owners was submitted. After reviewing pictures of the area noting water problems had been created, Wachter moved, Smith seconded the motion to accept the petition and authorize a feasibility study. Mr. Christensen indicated he would grant the necessary storm sewer easement for the improvements. All voted in favor except Egan who abstained. CEDARVALE THEATRE INDUSTRIAL REVENUE BONDS An application from Michael Gresser and John Fitzgerald that the Council schedule a public hearing for $650,000.00 industrial revenue bonds for the Cedarvale Theatre building to convert it into an office facility was discussed by the Council. Mr. Gresser was present as was Mr. Fitzgerald. Mr. Gresser stated that the plan is for a two story office building with ramp leading to Beau de Rue Drive. Mid-America would buy the bonds. Wachter moved, Egan seconded the motion to schedule a public hearing for November 17, 1981 at 7:00 p.m. at City Hall to consider the issuance of the revenue bonds for the purpose requested. All voted yea. CEDARVALE AREA IMPROVEMENTS Mayor Bea Blomquist discussed the role of a Cedarvale Area Transportation Committee that is meeting to study the road patterns and access problems to the Cedarvale Center from Cedar and Highway #13, including Cedarvale Blvd. A number of suggestions have been submitted, including the possibility of a park and ride area on Cedarvale Blvd. Further meetings will be held by the commit- tee. ENVIRONMENTAL QUALITY BOARD - ENVIRONMENTAL STUDIES The EQB is studying revisions to the EIS process and one proposal is to reduce the threshold from 500 units per development to 150 unattached units and 225 attached units for mandatory EAW purposes. Staff recommended that the Council adopt a resolution opposing the current revision and retaining the current structure of 500 units for mandatory EAW's. Smith moved, Egan second- ed the motion to approve the resolution as recommended. All voted in favor. 6 OCZ49 Council Minutes October 20, 1981 THOMAS LABS ASSESSMENT APPEAL City Attorney Paul Hauge submitted a letter dated October 19 and recom- mended to the council that in relation to the Thomas Lake and Carlson Lake storm sewer trunk assessments, that the City consent to the refund of assess- ments plus interest paid by the appellants in the assessment appeals; further, that the appraisal, engineering, legal and administrative expenses necessary to the validity of the assessments be included in the new assessment roll. Smith moved, Wachter seconded the motion to approve the recommendations and order their implementation. All voted in favor. WESCOTT ROAD - MC CARTHY PROPERTY The City Attorney also recommended to the Council that it authorize the posting of $61,000.00 plus interest from July 2, 1981 as the date of posses- sion by the City for construction purposes for the extension of Wescott Road through the Dennis McCarthy property with interest at a rate of approximately 8 5/8%, posted with the District Court. Smith moved, Wachter seconded the motion to approve the recommendation authorizing the posting of the funds with the Dakota County District Court as recommended. All voted yea. ORRIN THOMPSON - RIDGECLIFF ADDITION VACATION HEARING Upon request of Orrin Thompson Homes, Parranto moved, Wachter seconded the motion to schedule a public hearing on the vacation of certain utilities adjacent to homes in Ridgecliff Addition for November 17, 1981 at 7:00 p.m. at the Eagan City Hall. All voted yes. ENERGY FAIR Mayor Blomquist indicated that November 13, 14 and 15, 1981 are scheduled as the Energy Fair days at the Cedarvale Mall. BORCHERT-INGERSOLL FILL PERMIT A request from Michael Sill for grading permit to place excess fill from the I-494 Freeway project on land located near the entrance to the Borchert- Ingersoll Facility on Highway 149 was considered. Egan moved, Parranto seconded the motion to approve the application subject to compliance with City Ordinance. All voted yes. CARLSON LAKE LANE STOP SIGN A request has been submitted by a number of property owners for a 3-Way Stop sign at the T-intersection of Svensk and Carlson Lake Lanes in Wilderness Run 4th Addition. After review, Parranto moved, Smith seconded the motion to approve the request. All voted in favor. 7 Council Minutes October 20, 1981 CHECKLIST Egan moved, Wachter seconded the motion to approve the checklist dated: All voted in favor. ADJOURNMENT Upon motion by Wachter, seconded Parranto, it was resolved that the meeting adjourn at 10:20 p.m. PHH Ci lerk 8