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02/16/1982 - City Council RegularMINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 16, 1982 A regular meeting of the Eagan City Council was held on Tuesday, February 16 1982, at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were Public Works Director Colbert, City Administrator Hedges, and City Attorney Hauge. AGENDA Upon motion made by Egan, seconded Smith, all members voting yes, it was Resolved that the agenda be approved as distributed. Upon motion by Egan, seconded Wachter, it was Resolved that the minutes be approved with the exception that on page 5„ Knob Hill Preliminary Plat, that several neighboring owners objected to the use of the property for office purposes. All voted yes. PARK DEPARTMENT -- JAMS PLANTENBERG Ken Vraa appeared and submitted a proposal on behalf of the Advisory Parks and Recreation Committee that the request of James Plantenberg for an easement of approximately 20 feet by 30 feet by 40 feet over a portion of Oak Chase Park be authorized for driveway access to his lot adjacent to Oak Chase Pond. Noting the hardship that would be involved if the easement were not granted, including the need to move a transformer at a cost of $2,500, Wachter moved, Egan seconded a motion to approve the recommendation of the Park Committee subject to payment of all surveyor's fees, legal fees, etc., by Mr. Plantenberg. All voted yea. PUBLIC WORKS DEPARTMENT Tom Colbert explained to the Council that the authorization of the Council at the last regular meeting for the purchase of a snowblower for the Maintenance Department has not been implemented. He stated that MN /DOT'S sale of a snowblower was in excess of the $2,500 authorized and that the Public Works Department will continue to investigate a snowblower for inclusion in the 1982 budget. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Coachman Land Compan Contract 481 -7 . It was recommended that the fifth and final payment of $500 for Improvement #81 -7 be made to Lametti & Sons, Inc., and that the utilities be accepted for perpetual maintenance. 1 r r� I� -� -2 i j � z Council Minutes February 16, 1982 2. Tomark 1st Addition Utilities -- Improvement #81 -9 It was then recommended that the Council approve the third and final payment of $5,259.89 for Improvement #81 -9 to Richard Knutson, Inc., and accept the utility im- provement for perpetual maintenance purposes. Upon motion by Wachter, seconded Thomas, it was Resolved that the fore- going recommendations be approved. All members voted yea. ST. JOHN NEUMANN 3.2 BEER AND COMBINATION GAMBLING LICENSE The application of Thomas Gits for a temporary non - intoxicating malt liquor license and temporary combination gambling license for February 27, 1982, for the annual casino night at St. John Neumann Church was next con- sidered. It was suggested that the Church Board consider the possibility of permanent licenses in that they appear to be requesting temporary licenses several times each year and that it may be more practical to apply for perma- nent licenses. Smith moved, Egan seconded the motion to approve the applica- tion for temporary 3.2 beer and combination gambling licenses or in the alter- native, annual 3.2 beer and combination gambling licenses in the event that the Church submits an application for the annual licenses. All voted yes. MTC PARK AND RIDE A letter had been received from the Metropolitan Transit Commission requesting that the City identify requested bus shelter sites within the City. A bus shelter will be installed in the spring of 1982 at Rahn Road and Turquoise Trail. The Councilmembers suggested that other alternate locations be explored including sites that are more innovative such as Blackhawk and Cliff Road. No action was taken. TAX E03MPT REVENUE BONDS FOR MULTI - FAMILY HOUSING The City Administrator reported on the Dakota County Housing and Redevelopment Authority proposal for issuing tax exempt revenue bonds to finance multi - family rental housing under M.S.A. Chapter 462C-- Municipal Housing Finance Act. There was discussion concerning the low income housing qualifying for the limitations set by the City Council and also the need to retain rental housing noting two apartment complexes have been converted to condominium use. Further study was requested by the staff and by the Council before proceeding with the proposal. The proposals intended to include other Northern Dakota County municipalities. THOMAS LAS - CARLSON LAS STORM SEWER TRUNK -- PROJECTS #246 AND 1257 Mayor Blomquist then convened the continued public hearing regarding Improvement Projects #246 and #257 consisting of Carlson Lake and Thomas Lake trunk storm sewer reassessments. It was noted that the first reassessment hearing was held on December 1, 1981, at which time approximately 50 of the 87 appellants submitted written objections to the revised assessment roll. The City Council then closed the public hearing and adopted the final reassessment roll with the exception of those 50 property owners who submitted written objections. The continued public hearing on those 50 parcels was held on 2 Council Minutes February 16, 1982 ' : i.r January 12, 1982. At the continued hearing on January 12 the City Council and staff reviewed each individual parcel for which a written objection had been submitted on December 1. The City Attorney, appraiser, Public Works Director, Consulting Engineer, and individual property owners all had opportunities to discuss the facts for each individual parcel. Two property owners were not able to attend the January 12 meeting and requested the public hearing be continued for them until February 2, 1982, at which time the Council then considered the objections of those owners. At the February 2 Council meeting neither of the owners of the two parcels appeared in person. There were no motions made by the owners of individual parcels nor requests to extend the time for the hearing. Preliminary findings were submitted by the City Attorney covering the hearing of January 12. Mr. Colbert went into some detail explaining the reassessments and also noted that statements had been received from 14 property owners with objections to the roll and copies of each of the letters were submitted with the packet to each of the City Coun- cilmembers for the February 16 meeting. The recordings of the December 1 and January 12 hearings have been transcribed and were available for any proper- ty owner to review. Mr. Colbert recommended a reduction covering four parcels of property as follows: Richard and Delores Smith on Thomas Lake Road, credit provided for $50 per lot for the additional reappraisal costs, providing for a reduction in the proposed reassessment from $1,972.96 to $1,851.70; James and Barbara Barker, Thomas Lake Road, from $2,311.99 to $2,061.30; Richard Scherer from $7,862.95 to $7,230.43. The total credits for those parcels would be $904.47. In addition, he recommended that the assessment for Lot 5, Block 2, Oak Chase 3rd Addition, owned by Mr. and Mrs. Kenneth Peters be reduced to $446.96 from $527.03 because of a recalculation due to the transfer of a portion of that lot to the City of Eagan for park purposes. Mr. Richard Vogen appeared and stated that he was not able to appear on January 12 but was given an opportunity to express his objections. He stated he felt the City had made errors in its assessment procedure and the Council- members explained the method used by the City in assessing storm sewer im- provements. Councilmember Egan further detailed the method set up by the City and explained that about 70% of the owners have now paid for or been assessed for storm sewer trunk improvements and therefore it would be unfair to those owners to again have to pay for storm sewer improvements for the balance of the nonassessed property in the City. After about one hour of discussion, noting the hearing started at 7:00 p.m., Egan moved to adopt the two assess- ment rolls with the provision that the assessments for the 50 objecting prop- erty owners be reduced by 25% below the reassessment amounts, but in the event that any property owner appeals the assessment on his property that the amount of all of the assessments would then revert back to the current proposed reassessment roll. There was no second to the motion and it died. There was considerable discussion concerning the cost to cure method used by the City's appraiser, Robert Hutchinson, and some owners, in their letters to the City, stated that they felt the lakes could rise and that the high water mark should then control the development in the area. Smith moved, Wachter seconded the motion, to adopt the reassessment rolls and to revise the assessments on the four parcels of property including Richard Smith, James Barker, Richard 3 Council Minutes February 16, 1982 Scherer, and Kenneth Peters as recommended by the Public Works Director; further, subject to the Findings of Fact, Conclusions of Law, and final deci- sion by the Council attached to and made a part of these minutes. All voted in favor. ALEXANDER ROAD REASSBSSIT HEARING -- PROJECT #247 The Mayor then convened the continued reassessment hearing regarding Improvement Project #247 consisting of street improvements for Alexander Road. There were no objections to the proposed assessment roll. City Attorney Paul Hauge stated that an agreement that had been negotiated between the City and R. L. Johnson which has now been approved by R. L. Johnson and submitted to the City for signature. He recommended that the Council adopt the roll and approve the agreement and spread the assessments as proposed in the reassess- ment roll. Upon motion by Wachter, seconded Egan, it was Resolved that the hearing be closed, that the agreement be approved, and that the reassessment roll be adopted and that the roll be certified to the County Auditor. All voted yes. CEDAR CLIFF COM1MCIAL ADDITION PRELIMINARY PLAT The application of Steven J. Flanagan for preliminary plat approval of Cedar Cliff Commercial Addition was then considered by the Council. The Advisory Planning Commission held the first public hearing on October 27, 1981, and the City Council considered the application at several subsequent meetings. The Council had requested a letter from the Dakota County Plat Commission to indicate its position on behalf of the City regarding the pro- posed access points from cul -de -sacs to Nicols Road and Cliff Road. A letter has now been received from Bernard Larson, the Dakota County Surveyor, gen- erally supporting the City's position on the revised preliminary plat provid- ing for two access points to Nicols Road from cul-de-sacs and one cul -de -sac to Cliff Road. However, Mr. Larson indicated that the County may allow only right turn in /right turn out lanes onto the County road when the County road is upgraded to four -lane divided highway. A number of neighboring owners were present and generally favored the proposal for the plat but were concerned about screening and landscaping along the residential lots to the north. Mr. Runkle was present and stated that he understood Mr. Flanagan agreed with the current proposal and will proceed with the preliminary plat based upon the cul -de -sacs to Nicols and Cliff Roads. The final layout will be submitted to the Council by the developer for approval by the Council. The staff was also requested to notify the neighbors concerning development adjacent to the residential subdivision when building permit applications are submitted to the City. Smith moved, Egan seconded a motion for concept approval of the preli- minary plat subject to final approval of the preliminary plat upon further submission of the developer. All voted yea. SEE PLAT FILE COUNTRY GLEN CONDOMINIUM PRELIMINARY PLAT The application of Mid - Continent Builders, Inc., for preliminary plat approval of Country Glen Condominiums was then presented to the Council. The proposal would be located on Lots 3 and 4, Block 2, Fox Ridge Addition, consisting of 13 acres with 192 condominium units proposed. Jack Hayes was 4 Council Minutes February 16, 1982 present on behalf of the applicant and noted that the property is zoned R -4. The multiple dwelling proposal would include condominiums for sale only and the total project cost is approximately $4.5 million. He requested that the 2.5 parking spaces be reduced to approximately two spaces noting that 2.5 spaces per unit is not necessary in a comparable project in Apple Valley. The water storage pond was discussed and the potential liability to the home- owner's association was also a concern of the Council. Mr. Hayes indicated that there would be berming around the pond to reduce the liability issue. He also stated that two one - bedroom units would be converted to two two - bedroom units so that there would only be 190 total dwelling units. Several neighbor- ing property owners appeared with questions but no objections. Mr. Hayes further stated that a caretaker would be on the site to handle maintenance and also questions and objections from people in the area. The Councilmembers recommended that the Park Committee review the proposed volleyball area con- cerning the multiple uses and the surfacing for the recreation areas. It was also noted that the final plat will not be recorded until after the building foundations are in to determine their location. Wachter moved, Egan seconded a motion to approve the preliminary plat subject to the following: 1. Review and recommendation by the Advisory Park Committee concerning the volleyball court and final determination as to its construction and use. unit. 2. Authorization for reduction of the parking spaces to two spaces per 3. That the developer and owner will submit a satisfactory escrow guar- antee for the upgrading of Coachman Road and that Coachman Road should be ordered for upgrading under a City contract prior to final plat. 4. That the number of units in the development be reduced to bring the development within the ordinance density requirements. 5. The outside parking spaces shall be a 10' x 20' dimension and the parking area shall be surfaced with concrete curbing around the perimeter of the parking area. 6. Homeowner Association Articles and By -Laws for the development shall be submitted and reviewed prior to the final platting of the first stage. 7. A detailed landscape plan shall be submitted and approved by the City and a landscape bond shall be required for an adequate amount and not released until one year after the landscaping has been completed. 8. The subject plan shall be reviewed by the Eagan Park Committee. At the present time, the staff would be looking at a cash dedication per unit. 9. The applicant shall dedicate all easements as required by City staff. 10. All other ordinance requirements shall be met. 11. A detailed grading, drainage, and erosion control plan must be approved prior to final plat. il Council Minutes .V0� 2 February 16, 1982 12. A storm sewer outlet shall be provided for the proposed ponding area at the sole cost of the developer as well as construction of the storm sewer holding pond. 13. This development shall accept the deferred assessment for the later- al benefit from trunk water main along Coachman Road. The amount shall be determined based on the rates in effect at the time of final plat. 14. The developer shall assume the deferred assessments for lateral benefit from sanitary sewer along the south and north property lines. The rates used to determine this lateral benefit amount shall be those in effect at the time of final plat. 15. This development shall provide and pay for the installation of a 5- foot sidewalk along the west right -of -way line of Coachman Road adjacent to this development. 16. A tot lot and recreation area as approved by the City should be installed in the development by the developer. All voted in favor GALAZIE AVENUE -- IMPROVEMENT #81 -1 SEE PLAT FILE The bids for the Galaxie Avenue Improvement #81 -1 were opened on February 11, 1982, at 2:00 p.m. and representatives of the Federal Highway Administra- tion, MN /DOT and the City of Eagan were present at the time of the opening. The low bid for the MN /DOT contract SP1982- 81(T.H.35E -390) was Austin P. Keller Construction Company in the amount of $663,685.96 amounting to approxi- mately $210,000 below the estimate. It was recommended that the low bid be approved subject, however, to MN /DOT's final approval. Smith moved, Egan seconded the motion to accept the recommendation and authorize the award of the contract to Austin P. Keller Construction Company in the amount of $663,685.96. All voted yea. - _ HEIGHT LUnTATION SUBCOMMITTEE A meeting of the Height Limitation Subcommittee will be held on February 18, 1982, at 4:00 p.m. at the City Hall. A report dated February 11, 1982, prepared by the City Planner Dale Runkle, recommending that in the event that a building exceeds three stories in height, then approval would be under a conditional use permit or planned unit development with an agreement outlining formal standards, building code requirements and other conditions imposed by the City. Setbacks, green space and lot areas would also be included in the ordinance revision. SPECIAL COUNCIL MEETING -- FEBRUARY 25, 1982 A special meeting of the City Council will be held on February 25, 1982, at 7:00 p.m. at the City Hall to consider miscellaneous issues. 2 Council Minutes February 16, 198 CHECKL.IS? Egan moved, Blomquist seconded the motion to approve the following check- list dated 2 -9, 2 -16, & 1 -30 -82 All voted in favor. ADJOURNPOW Thomas moved, Wachter seconded the motion, all voted yes to adjourn at 10:05 P.M. City C19rk 7