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02/02/1982 - City Council RegularMUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 2, 1982 A regular meeting of the Eagan City Council was held on Tuesday, February 2, 1982 at 6:30 p.m. at the Eagan City Hall. All members were present and Wachter arrived at 6:50 p.m. Also present were City Administrator Hedges, Public Works Director Colbert and City Attorney Hauge. AGENDA Egan moved, Smith seconded the motion to approve the Agenda as distri- buted. All voted yes. January 12, 1982, Special Meeting - Smith moved, Egan seconded the motion to approve these Minutes. All voted yes. January 19, 1982, Regular Meeting - Egan moved, Wachter seconded the motion to approve the Minutes of the Regular Meeting of January 19, 1982, subject to the following: Oster Addition, page 3; "Wachter moved, Smith seconded the motion to close the hearing, to order in the project including the provision that the street improvements for Skyline Drive be installed to the west line of Oster Addition, with the Oster Addition being responsible for the major first phase portion of upgrading Skyline Drive to standard, and Lots 2, 3 and 4 of Treffle Acres to assume the additional cost of completing Skyline Drive with bituminous surfacing and concrete curbs and gutter and restoration on the south side; further, that utilities be installed for Lots 3 and 4 in Treffle Acres and to authorize the preparation of plans and specifi- cations. Those in favor were Smith, Wachter and Thomas. Those against were Egan and Blomquist." Also, page 5, Posting Places - the City has designated the Eagan City Hall as the official posting place with Lone Oak Tree at Highways #55 and #149 the historical posting place. Also, page 9, Project #353 - It was understood that there would be no assessments associated with the project. All voted in favor. KNIGHTS OF COLUMBUS - TOOTSIE ROLL PROCLAMATION Mayor Blomquist - proclaimed the week of April 30 through May 2, 1982 as Tootsie Roll Days in the City of Eagan and urged all citizens to support the program organized by the Knights of Columbus. D 82 -3 PARK DEPARTMENT - RIVER HILLS PARK EAST Upon recommendation of the Advisory Parks and Recreation Committee, and upon motion by Smith, seconded Egan, it was resolved that River Hills 9th Addition Park be designated officially as River Hills Park East. All voted yea. 1 Council Minutes February 2, 1982 SLATER'S ROAD - TRUNK WATERMAIN EXTENSION vu Public Works Director Tom Colbert reviewed with the Council the trunk water system in the Cedar Avenue Freeway area near Winkler /Jackson Addition and recommended that the watermain connection be constructed in the very near future for the southwestern corner of the City taking into consideration the future 4.0 million gallon water reservoir constructed near Safari Estates. The Engineer's estimate was $17,800.00 and the City has received quotes from five Contractors on existing projects for the City, with the low quotation from Erickson Construction Co. for $14,721.00. Because of the favorable quotation, the emergency required in order to install the trunk at the soonest possible time and the fact that 5 quotations had been received from contrac- tors on existing projects in the City, the staff recommended approval of the low quote. Smith moved, Egan seconded the motion to authorize the preparation of a Change Order to Improvement #81 -13 for the connection of the trunk watermain to Slater's Road, on the basis of the reasons outlined above. All voted yes. JOE HARRISON Joe Harrison, the former Chairman of the Advisory Planning Commission was present and Mayor Blomquist presented him with a Key to the City and a plaque in recognition of his nearly 20 years as a member of the Advisory Park and Recreation Commission and the Advisory Planning Commission. Mr. Harrison was thanked for his many years of service to the City of Eagan. CONSENT AGENDA Upon recommendation of the City Staff, the following consent agenda items were reviewed. 1. Canterbury Forest Addition - Streets and Utilities. It was recommended that the public streets and utilities constructed within the Canterbury Forest Addition be accepted for perpetual maintenance, subject to remaining correcting work being performed prior to May 15, 1982 and a one -year warranty maintenance period from date of formal acceptance. 2. I -35E MnDOT - Plans - Trees. It was recommended that a resolution be adopted approving detailed plans and specifications for tree transplanting at Lone Oak Road and I -35E under State Project 1982 -82 (35E -390) and 1985 -79 (494 -393), and to authorize the Mayor and Clerk to execute the Resolution. 3. St. Francis Woods, et al. Contract #81 -8 - Change Order #2. It was recommended that the Change Order to Improvement 481 -8 St. Francis Woods and Cedar Cliff 2nd Addition be approved for Part A consisting of $3,577.14 and Part B of $2,119.70 and to award the contract to McNamara Contracting Company in the total sum of $5,696.84. R 82 -6 2 _t Council Minutes February 2, 1982 4. MnDOT Traffic Signal Cost Participation Agreem It was recommended that a Cost Participation Agreement No. 60808 for Traffic Signal at County Road #26 and Trunk Highway #55 be entered into with the Minnesota Department of Transportation on a cost participation basis as outlined in the agreement. R 82 -7 SEE AGREEMENT FILE Upon motion by Smith, seconded Thomas, it was resolved that the consent agenda be approved. All voted in favor. Councilman Wachter arrived at the meeting at this time. FUEL STORAGE TAN[ - PUBLIC WOWS DEPARTI1ENT Mr. Colbert recommended that the City Council authorize solicitation of quotations for the installation of a surface- mounted 1,000 gallon diesel fuel tank with pump. He noted that during the heavy snowfalls that approximately 400 to 450 gallons of fuel oil are used per day and that the current above- ground dispensing 500 gallon tank is not sufficient for heavy demand uses during times of heavy snowfalls. Smith moved, Egan seconded the motion to authorize the staff to proceed with quotations for an above and a below ground system and to return to the council with such quotations. All voted yes. COUNTRY HOME HEIGHTS STORM SEWER - nWRO PROJECT #351 The public hearing regarding the proposed storm sewer improvement in Country Home Heights Addition consisting of Improvement Project 4351 was convened by Mayor Bea Blomquist. A large number of affected property owners were present. Mr. Colbert explained the project and Councilman Egan withdrew from consideration noting he lives in the subdivision. Mr. Colbert explained the proposed lateral storm sewer and four separate categories of property relating to proposed trunk and lateral storm sewer assessments in the subdivi- sion. He also explained the proposal for respread of both the lateral and trunk costs for the neighborhood park. In addition, he combined the estimated assessments for Improvement Project #177 and discussed all of the alternates concerning the storm sewer installation. Mr. Joe Christianson was present and stated that he had originally requested a minor portion of storm sewer be installed because of the flooding near the Eagan Park and Country Home Heights Park. There were objections from affected owners and others who favored installing a portion or the entire project, including curb and gutter and surfaced streets. The hearing convened at 7:00 p.m. and at 7:50 p.m. Mayor Blomquist moved, Wachter seconded the motion to close the hearing. All voted in favor. Mr. Christianson stated that if the first portion of the project is installed, that he would then grant an easement across his property without charge. Wachter then moved, Blomquist seconded the motion to authorize the installation of the first portion of the project to Eagan Avenue and prepare the plans and specifications. Those in favor were Wachter and Blomquist. Those against were Smith and Thomas. Councilman Smith stated it would be more prudent to install the entire storm sewer project than to do it piece -meal which would be much more economically practical for the subdivision. Smith then moved, Thomas seconded the motion to order in the entire project and authorize the Engineer to prepare plans and specifications. Those in favor were Smith and Thomas. Those against were Wachter and Blomquist. Both motions failed. 3 f� Council Minutes February 2, 1982 VIENNA VOODS ADDITION - PROJECT #259 The Mayor then convened the reassessment hearing covering Project #259 consisting of a respread of assessments associated with the street construc- tion against 3 lots owned by Carol Lindo. According to agreement, all of the lots within Vienna Woods owned by the developers of the subdivision were to be assessed for such street improvements and because of the current economic climate, had indicated that they would not be able to pay them directly and that they be spread throughout the entire subdivision. Mrs. Lindo was present and recommended approval of the reassessments. The developer did not appear nor object to the assessments, but had been contacted by staff and indicated there were no objections. Interest was included in the reassessment but no penalty was recommended by the City Staff. Egan moved, Wachter seconded the motion to close the hearing, adopt the assessment roll, including the abate- ment of the penalty and to authorize the roll to be certified to the County Auditor. All voted yes. THOM LASE AND CARLSON LASE HEARINGS - PROJECTS #246 AND #257 The continued reassessment hearing concerning two parcels of property relating to Projects #246 and #257 was then convened by the Mayor. She indicated that on December 1, 1981 a public hearing was first convened and that portions of the reassessment hearing were continued to January 12, 1982. Mr. and Mrs. John Ahnert of 4470 Oak Chase Way, Lot 4, Block 2, Oak Chase 3rd Addition and Mr. Thomas Buckman, 1405 Waldrid Street, Lot 1, Block 4, Ever- green Park, had requested to be heard at a later time. The Ahnert property reassessment was reviewed by - the Council with revised assessment of $479.82. Mr. Ahnert was unable to be present at the February 2, 1982 hearing and submitted objections and information for consideration by the Council which was reviewed by the Council. He stated that his house is 36 feet above the water level of the pond behind his residence and for the past three years the quality of the water in the pond has steadily declined. Council reviewed the City Appraiser's before and after valuation and noted that the benefit of $7,550.00 exceeded the proposed assessment of $479.82. With respect to the Buckman property at 1405 Waldrid Street, the assessment figure amounted to $403.96 and the City's Appraiser had determined the benefit to be $4,760.00 which exceeded the proposed reassessment. Smith moved, Wachter seconded the motion to close the hearings in regard to the foregoing two parcels and that the Council would then continue the determination of the reassessments to the February 16, 1982 meeting. All voted yes. 4 Council Minutes February 2, 1982 ALEXANDER ROAD - REASSESSMENT HEARIAIG - PROJECT #247 The public hearing regarding Alexander Road Reassessments under Improve- ment Project #247 had been continued from the December 15, 1981 meeting. The Public Works Director and City Attorney had been negotiating with the affected property owner concerning a proposed settlement to provide for assessments over 15 years, prorated on an acreage basis and with Lots 1 and 2, Block 1, Sibley Terminal Industrial Park assuming potential assessments in the future if development occurs along Alexander Road. Upon motion by Smith, seconded Thomas, it was resolved that the hearing be continued with the understanding, however, that negotiations proceed until the February 16, 1982 meeting at which time the hearing will reconvene; further, it is understood that a refund to R. L. Johnson would be based upon front foot basis against the Sibley Terminal Industrial Park property and the refund be based upon a percentage of the amount that the R. L. Johnson property has been assessed to that point. All voted in favor. SNOB HILL PREI.I!lINARZ PLAT The application of Ed Dunn of Blackhawk Park Associates for rezoning from A (Agricultural) to PD (Planned Development) to include Limited Business townhouse and condominium development and preliminary plat approval of Knob Hill consisting of 40 acres was then considered by the Council. The Planning Commission had held its public hearing on November 24, and continued it until December 22, 1981. The APC recommended approval subject to certain conditions and the City Council then had its first hearing on the matter on January 19, 1982. Certain questions were posed by the Council to the City Planner and Public Works Director and written Memorandums on the questions were submitted to the Council. Mr. Dunn, Mr. Boerman and Mr. Frank appeared for the appli- cant. There was a brief review of the proposal by the applicants and several interested residents of the general area were present with questions and objections to the use of the - property for office purposes. They objected to the method of the Council's approval of the Comprehensive Plan providing for office use in the area and it was noted by the Council members that the Council had, during 1980 and 1981, conducted numerous hearings regarding the Comprehensive Plan in the City which hearings had been given published notice in area newspapers and the Eagan Newsletter. Mr. Runkle indicated that contacts had been attempted with the McCarthy family to the north to determine whether any plans had been made for the development of the McCarthy property, but no response had been received. There were concerns by the Council concerning the impact if density were to be increased on a periodic basis within this Section and throughout the City particularly upon future sanitary sewer capacity. Mr. Dunn indicated that the density had been substantially reduced in the Thomas Lake Heights Addition. There was also discussion about potential connection with the land to the west consisting of the Larry Wenzel property. The Developer indicated that access from the northeast is not practical but rather it would be more logical to have an access near the northwest corner because of terrain. 5 Council Minutes February 2, 1982 The developer indicated that he would reduce the grade in the extreme southeast corner as recommended by the staff. Mr. Runkle reported on the summary investigation of parking requirements for condominiums and recommended that parking could be reduced to 2 spaces per unit. Councilman Wachter in- quired as to energy conservation measures and Mr. Dunn indicated that con- struction will be taken place in excess of the energy code requirements. After considerable discussion, Smith moved, Wachter seocnded the motion to rezone from Agricultural to Planned Development, according to the following conditions: 1. A planned development agreement and development agreement shall be completed prior to the starting of the 1st Addition. The planned development agreement shall not exceed an 8 year term. 2. Homeowner's association articles and by -laws, where applicable, shall be reviewed by the City for each phase of development. 3. A staging plan shall be required to determine how the area is to be developed. Councilman Smith stated that the Comprehensive Plan is only a guide and the City is not necessarily fixed. There was also discussion about provisions in the conditions that there not be excessive revisions in the increase in density in the Comprehensive Plan in the future and its potential impact upon the utilities and services of the City. Those in favor were Egan, Smith, Wachter and Thomas. Blomquist voted no. The Mayor then indicated that it was her opinion that there should be a freeze on density increases because of the future impact upon the City. Smith moved, Wachter seconded the motion to approve the preliminary plat with the following conditions: 1. Outlots shall be established on the plat for the additional right of way which is to be acquired by Dakota County for the upgrading of County Road 30, Diffley Road. 2. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts two County roads. 3. A detailed _landscape plan shall be provided with each phase and a landscape bond amount approved by the City provided for each final phase of the development. 4. The development will provide all parking spaces indicated in the plan with the understanding that the condominium parking will allow for 2 spaces per unit, but with the further understanding that the staff will study the issue in greater detail and the final decision as to parking in the condominium units will be made prior to final plat approval by the City Council. 5. The plat shall be subject to the Park Committee's recommendations and comments for park dedication on the proposed development. 2 Council Minutes February 2, 1982 6. The developer shall re- design the parking layouts on Lot 7, Block 2, and Lot 1, Block 3 in order to provide for the additional parking spaces required. 7. All other City ordinances shall be applicable to the overall development plan. 8. All L B buildings shall be architecturally compatible. 9. That up to 75 foot half right of way shall be dedicated adjacent to County Road 31 and up to 75 foot half right of way shall be dedicated adjacent to County Road 30, Diffley Road as finally requested by Dakota County with the balance of the proposed Diffley Road right of way in outlots. 10. A ponding and drainage easement shall be dedicated providing for a highwater elevation of 886.0 and /or 5.0 acre feet of storage capacity for the drainage basin referenced as DP -27. 11. A detailed grading and drainage plan shall be submitted for formal approval prior to final plat application. 12. All easements required by the installation of an internal utility distribution system shall be dedicated as a condition of final plat approval. 13. The owners of the property shall accept the additional assessment associated with the upgrading of the zoning of this property for trunk area utilities. They shall also agree to acceptance of the future assessments associated with the upgrading of County Roads 30 and 31. 14. An 8 foot bituminous trailway shall be constructed within a 10 foot strip inside of the anticipated- future dedication of public right of way along County Road 30, Diffley Road, and County Road 31, at the sole cost of the owner at the location finally determined by the City. 15. Screening around the air conditioning units on the office buildings will be provided. Mr. Dunn indicated that the developer will comply with the final parking requirements of the Council for the condominium project. Councilman Egan stated that the Council should avoid allowing excessive density in Section 21. Those in favor were Smith, Egan, Wachter and Thomas. Blomquist voted no. R 82 -8 SEE PLAT FILE 7 Council Minutes February 2, 1982 COACEMAN OAKS APARTMENTS - AMUSEMENT DEVICE APPLICATION The application of the owners of the Coachman Oaks Apartments for amuse- ment device license for three amusement devices had been continued from the January 19, 1982 meeting. Additional information was received by the staff and it was proposed that the recreation room in the complex be open from 7:00 a.m. to 10:00 p.m. An application has now been received by the City for a license for 10 to 12 additional amusement devices. There was no certainty as to the supervision of the recreation room by an adult under the ordinance requirement. There were also concerns whether in such a private complex the hours limitations could be complied with. Smith then moved, Wachter seconded the motion to deny the application for the reasons including those mentioned above. All voted yes. URBAN PLANNING A DESIGN - PROPOSED RATE INCREASE The proposed rate increase for Urban Planning & Design for 1982, planning consulting services, was next considered by the Council. Upon motion by Egan, seconded Wachter, it was resolved that the revised schedule, according to the letter from John Voss of January 25, 1982, be and hereby is approved for 1982. All voted yes. CEDAR CLIFF COMMERCIAL ADDITION D 82 -4 The application for preliminary plat approval of Cedar Cliff Commercial Addition was then brought before the Council. A letter had been sent to the Dakota County Plat Commission for its position on access locations to Cliff Road and to Nicols Road. It was noted that the Commission had met on February 2, 1982 without a formal reply. Upon recommendation by the staff, and upon motion by Egan, seconded Smith, it was resolved that the consideration of the application be continued until the February 16, 1982 meeting. All voted yea. BICENTEWEAL 8TH ADDITION - PRELIMINARY PLAT The application of Federal Land Company for preliminary plat approval of Bicentennial 8th Addition was then considered by the Council. The Advisory Planning Commission first held its hearing on December 22, 1981 and recom- mended approval at its January 26, 1982 regular meeting. The two lots on 3.0 acres are proposed to include an office building on Lot 2, and a hotel on Lot 1. A 92 unit, 3 -story motel and 5,000 square foot office building would be included. There was discussion concerning the 3 -story motel building and the City Planner, Dale Runkle, who was present recommended reconfirming the 3- story use in the planned development district. A detailed site plan was submitted with a stove pipe lot for Lot 2, including a 60 foot right of way to Washington Drive. There would be a shortage of approximately 11 parking spaces but Lot 2 would provide the additional parking spaces. In addition a 20 foot variance from 50 foot set back along the east line of the motel building would also be required. Charles Bartholde appeared for the appli- cant. The Council reviewed the Planning Commission minutes and after discus- sion, Wachter moved, Egan seconded the motion to approve the application for preliminary plat approval in addition to the 20 foot set back variance for the motel from the east property line, subject to the following: 0 Council Minutes February 2, 1982 ,s r 1. A sidewalk shall be constructed along the east side of Washington Drive in Lots 1 and 2, Block 1, Bicentennial 8th Addition. 2. Access to curb cuts shall be coordinated wherever possible with curb cuts which already exist on the west side of Washington Drive. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State right -of -way. feet. 4. All driveway accesses to Lot 1, Block 2, shall have a minimum of 24 5. A 20 foot set back variance shall be required for the motel from the east property line. However, berming or landscaping must be done in this area to offset this setback requirement. 6. A three -story motel shall be allowed as a part of the planned development and therefore no variance is required. 7. A cross easement shall be required in order to provide parking spaces for the motel on Lot 2 of the office building lot. The cross easement should be on the westerly 180 feet and northerly 60 feet of Lot 2. 8. The parking areas shall contain an asphalt surface and concrete curbing around the perimeter of the parking areas. 9. A detailed landscaping plan shall be approved for each lot and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed with the understanding that land- scaping shall be provided on the west side of the motel. 10. All other applicable ordinance requirements shall be met. All voted yea. SEE PLAT FILE JOHN HENRY FOSTER VARIANCE - EAGANDALE CENTER PAR[ #3 The application _of John Henry Foster Company to allow 8 foot variance from the 40 foot setback requirement from public street in light industrial district, located on Lot 3, Block 4, Eagandale Center Industrial Park #3 was then presented to the Council. A representative from Balco Construction Co. was present and there were no objections. Noting the hardship and the fact that the building had inadvertently already been constructed in this location, Smith moved, Wachter seconded the motion to approve the application, noting the reasons given by the Planning Commission. All voted in favor VARIANCE FILE JOINT CABLE COMITTEE FETING - BURNSVILLE City Administrator Tom Hedges stated that on February 11, 1982 at 7:30 p.m. at the Eagan City Hall, the Joint Cable Meeting with Burnsville Cable T.V. Advisory Committee will be held. Council Minutes February 2, 1982 1982 SNOW REMOVAL Council discussed the snow removal required including use of facilities for somewhat over 40 inches of snow over the past two weeks in the City. Councilmembers commended the Public Works Department and Street Maintenance Department for the excellent job in removing snow from the streets. LIFE SAFETY PLANNING REVIEW COMMITTEE Mayor Blomquist stated that she and the City Administrator met with other staff members, including the Fire Chief on February 2, 1982 to discuss the proposed regulations for the buildings exceeding 3 stories in the City. There were safety and fire concerns and discussion included the committee organized by the City of Bloomington requiring a checklist for each building over single family density use. Wachter moved, Egan seconded the motion to authorize the staff to authorize a Life Safety Planning Review Committee along guidelines presented by the City Administrator with monthly meetings scheduled initially to review and make recommendations for safety requirements in buildings exceeding single family use. All voted yes. In addition, the Memorandum from Dale Peterson, the Building Inspector, covering building code requirements relating to multi -story buildings was distributed to the Council. ROTARY SNOW BLOWER Tom Colbert, Public Works Director explained to the Council that because of the record snow fall, that there is need periodically for a rotary snow- blower in clearing streets and roads and recommended the purchase of a used blower from the Minnesota Department of Transportion for about $2,500.00. There was discussion concerning the source for funding and Wachter moved, Smith seconded the motion to authorize the staff to purchase a snowblower for up to $2,500.00 due to the emergency conditions and the expected future snow- falls. All voted yes. VIENNA WOODS ADDITION A request from the developer of Vienna Woods Addition, Marvin Bump, to extend the letter of credit for the subdivision under the Development Agree- ment for one additional year, was discussed by the Council. Because of the current poor sales of single family lots in the City, Smith moved, Egan seconded the motion to approve the request. All members voted yea. Wachter moved, Egan seconded the motion to approve the following checklist dated 2 -2 -82 All voted yes. 0. el Id 10 ek Council Minutes February 2, 1982 Upon motion duly made and seconded, the meeting adjourned at 11:15 p.m. PHH N t. . Y Secr ry 11